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Agenda 10-16-01The City of 100 E. Boynton Beach Boulevard (561) 742-6000 City Commission AMENDED AGENDA OCTOBER 16' 2001 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District !11 Charlie Fisher Commissioner District IV Kurt Bressner City Manager // // DISTRICT ;T !! ;T !11! DISTRICT I Visit our Web site www.ci.boynton-beach.fl.us WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBI.ZC PARTZCTPA'rZON AT CZTY OF BOYNTON BEACH COMMISSZON MEETZNGS 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 :[tems: 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. SPEAKTNG AT COMMISSTON MEEI'~NGS: 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 meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any ciUzen 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 Ttems: 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 COMM:ZSS:ION: When your name is called, please step up to either podium and state, for the record, your name and address. D ECORU M: 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 MeeUng is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach ~.. Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of ever~ month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH AMENDED AGENDA REGULAR CITY COMMISSION MEETING AT BOYNTON BEACH COMMUNITY HIGH SCHOOL AUDITOI~UM LOCATED AT QUANTUM PARK, 497S PARK RIDGE BOULEVARD October 16, 2001 6:30 P.M. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rabbi Max Roth, Temple Beth Kodesh Pledge of Allegiance to the Flag led by Commissioner Charlie Fisher D. IF YOU WISH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRIATE REQUEST FORM GIVE z'r 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. II. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS · CTrY OF BOYNTON BEACH AGENDA REGULAR CTFY COMMTSSTON MEE'n:NG OCTOBER 16, 2001 III. OTHER: A, Informational Items by Members of the City Commission ADMINISTRATI'VE: A. Accept resignation of .loseph R. Pineau, Regular Member, Ubrary Board B. Accept resignation of Bernice ]oyce, Regular Member, Senior Advisory Board Appointment To Be Made Appointments to be made: Length of Term Board Expiration Date IV Mayor I III IV II II II Mayor IV IV IV V, Fisher Broening Weiland Ferguson Fisher McCray McCray McCray Broening Fisher Fisher Fisher Children & Youth Advisory Bd Stu/Reg/NOnVoting I yr term to 4/02 Children & Youth Advisory Bd Stu/Reg/Voting I yr term to 4/02 Children & Youth Advisory Bd Reg. 2 yr term to 4/03 Bldg, Bd of Adj & Appeals Reg 3 yr term to 4/04 Bldg. Bd of Adj & Appeals Alt i yr term to 4/02 Cemetery Board Alt i yr term to 4/02 Code Compliance Board Alt 1 yr term to 4/02 EducaUon Advisory Board Alt I yr term to 4/02 Golf Course Advisory Committee Alt 5 yr term to 6/06 Library Board Reg 3 yr term to 4/04 Nuisance Abatement Board Alt 1 yr term to 4/02 Senior Advisory Board Reg 2 yr term to 4/03 ANNOUNCEMENTS & PRESENTA'I'ZONS: A. Announcements: (Tabled-3) (Tabled-3) (Tabled-2) Oceanfront Concert Sedes on October 19, 2001, 6-9 p.m. at Oceanfront Park - The Scharff Brothers Band (Pop/Rock) Presentations: 1. Proclamations: 2 'CZTY OF BOYNTON BEACH AGENDA REGULAR CZ'fY COMMTSSTON MEETZNG OCTOBER 16~, 2001 VT. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Regular City Commission Meeting of September 19, 2001 Bids - ReCommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Rescind the award to Dravo Lime Inci for "CO-OP BULK QUICKLIME," Bid #052-2821-01/KR; and Re-award this bid to Chemical Lime Company of Mulberry, Florida for an estimated annual expenditure of $94,500 for the City of Boynton Beach Utilities Department Approve the "piggy-back" of the U.S. COMMUNITIES, GOVERNMENT PURCHASING ALLIANCE, LOS ANGELES COUNTY CONTRACT #41421 to OFFICE DEPOT for the PURCHASE OF OFFICE SUPPLIES with estimated annual expenditures of $220,000, Bid #008-1412-02/KR Extend the "ANNUAL CONTRACT FOR DRY CLEANING OF POLICE UNIFORMS," Bid #098-2110-00/C3D, to Green Tree Dry Cleaners of Boynton Beach for an additional one (1) year period, for an estimated expenditure of $14,000 (New Bid #007-2110-02/CID) Award a contract to ConVault Florida in the amount of $22,083.82 for a new pesticide storage building and above ground (A/G) fuel tanks and a contract to Branching Out, Inc. in the amount of $24,903.13 for the design', permitting and installation of the new equipment and materials and to establish a total project budget appropriation of $51,685.95 Award a contract to Azudx North America Underground Infrastructure, Inc. (formerly known as Madsen-Barr/Philip Utilities Management Corporation, Inc.) in the amount of $173,752 by piggy-backing a Board of County Commissioners - Orange County, Florida contract for Storm Sewer Line Slip Lining Rehabilitation (Contract #YO-103) (Proposed Resolution No. R0:!.-268) Award a contract to Thermal Concepts of Davie, Florida, Bid #076-2413- 01/C.1D, in the amount of $62,000 for replacement of two rooftop HVAC units at Ezell Hester Community Park (Proposed Resolution No. RO:L- 269) CITY OF BOYNTON BEACH AGENDA REGULAR CITY COMMZSSION MELrl/NG OCTOBER 16, 2001 C. Resolutions: Proposed Resolution No. R01-270 Re: Approving and authorizing signing of an Agreement for Water Service Outside of the City Limits for a parcel owned by The Windsor Tnvestment Group, L.P., located in an unincorporated area between Boynton Beach and Lantana along the east side of Seacrest Boulevard Proposed Resolution No. R01-271 Re: Approving contract renewal with Children's Services Council (CSC) for the 2001-2002 Latchkey Afterschool Program in the amount of $59,519 Proposed Resolution No. RO:L-272 Re: Approving the 60 day extension of the federal LSTA project grant (Neighborhood Library Electronic Access and Training Project Proposed Resolution No, R01-273 Re: Approving formal Florida Boating ]:mprovement Program Agreement with Palm Beach County for purchase of Sam Brown, Jr. subdivision (Morey's Lounge) property Proposed Resolution No. R01-274 Re: Granting a utility easement to BellSouth Telecommunications, ]:nc. for the relocation of a telecommunications junction box Proposed Resolution No. R01-275 Re: Accepting letter of credit no. SM417953C (with amendment) from First Union Bank in the amount of $166,881 as surety for the installation of the water and sanitary sewer systems serving the project known as Alta Chase Proposed Resolution No. R01-276 final plat known as Wal-Mart at Boynton Beach Re: Approving the Proposed Resolution No. R01-277 Re: Releasing the remaining $2,000 of the original $20,000 Cash Restoration Bond posted by Bill Winchester as surety for restoration associated with the excavation and fill removal permit for Knuth Road Proposed Resolution No, R01-278 Re: Approving Amended and Restated ]:nterlocal Agreement for South Palm Beach County Public Safety Communications Cooperative 10. Proposed Resolution No. R01-279 Re: Ratification of Collective Bargaining Agreement between the City of Boynton Beach and the Police Benevolent Association, 4 -CITY OF BOYNTON BEACH AGENDA REGULAR CZTY COHMZSSZON MEETING OCTOBER 16, 2001 11. Proposed Resolution No. R0:1.-280 Intergovernmental Cooperation Re: D. Ratification of Planning & Development Board Action: Gateway Crossing (Quantum Park) - Lots 81 & 82 Quantum Corporate Park - Request for site plan approval to build an 87,375 square foot strip retail center on 9.3 acres Gateway Crossing (Quantum Park) - Quantum Park PID - Request to amend the list of permitted uses within the Quantum Park PID to allow retail shops, a fast food restaurant with drive-thru, and a sit-down restaurant on Lots 81 and 82 Approve payment of $17,956 to The Police Law Institute for one year subscription to "Monthly Legal Update & Review" for Police Department computer based training Approve payment of $37,095 to Queues Enforth Development, Inc. for Software Maintenance for Police Records Management- November 1, 2001 to October 31, 2002 CZTY MANAGER'S REPORT: Proposed Demolition of the Mangrove Park School (Old High School) at 125 E, Ocean Avenue B. Marina Project Update & Site Plan Review Report and Recommendation regarding consultant and Legal Advisor for Co remission Redistricting Project PUBL]:C HEAR]:NG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS Project: Agent: Owner: Location: Description: Dakota Lofts H. P. Tompkins Chan's Enterprises 3010 S. Federal Highway Request to amend the Comprehensive Plan Future Land Use Map for 2.00 acres of property from Local Retail Commercial (LRC) and Low Density Residential (LDR) to High Density Residential (HDR), and to rezone the property from Community Commercial (C-3) and Single Family Residential (R-l-AA) to Planned Unit Development (PUD) (P~R I'H~ AI~,°£,tC-ANI"~ R£~)11£$~ I'H£ HHARXN~ I/IIX££ B~ I~O~ON~O UN~X£ NOVeMBeR ,~0~ 200.~) 5 CTrY OF BOYNTON BEACH AGENDA REGULAR CZTY COMMTSS'I'ON MEETZNG OCTOBER 16~, 2001 FUTURE AGENDA Z'I'EMS: A. Report on Ordinance Changes for Advisory Board Attendance and Conduct Standards (November 6, 2001) B. Survey Results for Advisory Boards/Serving on Multiple Boards (November 6, 2001) C. Strategic Initiative Report on Visions 20/20 (November 6, 2001) D. Proposed Noise Regulations - 1st Reading of Ordinance (November 6, 2001) E. Greenways Project (November 6, 2001) F. Report on Canopies (November 20, 2001) G. Water Conservation Strategy (November 20, 2001) H. Redevelopment Code Issues for Non-conforming Lots and Buildings in Commercial Areas (November 20, 2001) I. Ordinance Establishing Setbacks from Schools and/or Churches for Establishments having Liquor Licenses (November 20, 2001) 3. Traffic Calming and Traffic Control Final Report (December 4, 2001) K. FRA Whistle Ban - Report (December 4, 2001) Ordinance Establishing an Arts Commission (December 4, 2001) DEVELOPMENT PLANS: None NEW BUS:~NESS: 1. Reduction in StOrmwater ERU LEGAL: A. Ordinances - 2nd Reading - PUBLTC HEAR/NG None 6 ~CITY OF BOYNTON BEACH AGENDA REGULAR CITY COMMZSSZON MEETING OCTOBER 16f 2001 Ordinances - 1~t Reading Proposed Ordinance No. 01-50 Re: Amending Part III, Land Development Regulations, Chapter 1 and Chapter 2:L, regarding "Banners" (TABLED TO NOVEMBER 20~ 200.~ AT THE REQUEST OF THE LEGAL DElmAR TMENI~ Proposed Ordinance No. 01-54 Re: Amending the Quantum Park DPt/Master Plan to change the permitted use on lots 7-1l from "Office Industrial" (OT) to "Mixed Use" (MU) and lots 23-31 from "Office" (O) to "Mixed Use" (MU); to increase maximum residential units from 500 units to 1,000 units; to partially close Quantum Lakes Drive and create two (2) new tracts of "Mixed Use" (MU); and to change the permitted use on tract 34-C from "Detention" to "Reserve" C. Resolutions: None D. Other: XIIL UNFINISHED BUSINESS: XIV. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAT[ER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSEt HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WTI'H A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN3OY THE BENEFTTS OF A SERVICE~ PROGRAM, OR ACT[VITY CONDUCTED BY THE CITY. PLEASE CONTACT 3OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PR[OR TO THE PROGRAM OR A~ IN ORDER FOR THE CFI'Y TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL AGENDA 10/15/2001 3:30 PM j:\SHRDATA\CC\WP',CCAGEN DA~AGENDAS\YEAR 2001\101601 .DOC bg 7 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FO1L._ _. _ 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 RECOMMENDATION: [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report Approval of Final Assessment Resolution. [] Legal EXPLANATION: This Final Assessment Resolution amends the initial assessment resolution, imposes File assessments, approves the rate of assessment and the assessment roll, excluding clubhouses. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature cie James A. Cherof Department Name £ SABULLETIN~ORMS~a~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH, FLORIDA FINAL ASSESSMENT RESOLUTION ADOPTED TABLE OF CONTENTS Page SECTION 1, SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 8. AUTHORITY .................................................................................... 3 DEFINITIONS AND INTERPRETATION ....................................... 3 AMENDMENT OF INTIAL ASSESSMENT RESOLUTION ............. 3 IMPOSITION OF FIRE RESCUE ASSESSMENTS ........................ 4 CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION ........ 7 EFFECT OF ADOPTION OF RESOLUTION .................................. 7 SEVERABILITY ............................................................................... 8 EFFECTIVE DATE .......................................................................... 9 APPENDIX A: APPENDIX B: APPENDIX C: AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS ......................................................... A-1 PROOF OF PUBLICATION ......................................................... B-1 REVISED IMPROVEMENT CODES ........................................... C-1 CITY OF BOYNTON BEACH, FLORIDA A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF BOYNTON BEACH, FLORIDA; AMENDING THE INITIAL ASSESSMENT RESOLUTION; IMPOSING FIRE RESCUE~ ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of Boynton Beach, Florida (the "City Commission"), has enacted Ordinance No. 01-34 (the 'iOrdinance"), which authorizes the imposition of Fire Rescue Assessments for fire rescue services, facilities, and programs against Assessed Property located within the City; WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services, facilities, and programs each fiscal year is an equitable and efficient method of allocating and apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property; WHEREAS, the City Commission desires to implement a Fire Rescue Assessment program and impose a Fire Rescue Assessment in the City using the procedures provided by the Ordinance for the Fiscal Year beginning on October 1, 2001; WHEREAS, the City Commission, on July11, 2001, adopted Resolution No. R01-217(the "Initial Assessment Resolution"); WHEREAS, the Initial Assessment Resolution contains and references a brief and general description of the fire rescue services, facilities and programs to be provided to Assessed Property; describes the method of apportioning the Fire Rescue Assessed Cost to compute the Fire Rescue Assessment for fire rescue services, facilities, and programs against Assessed Property; estimates rates of assessment; and directs the updating and preparation of the Assessment R011 and provision of the notice required by the Ordinance; WHEREAS, in order,to impose Fire ReScue'Assessments for the Fiscal Year beginning October 1', 2001, the Ordinance requires the! City Commissien to adopt a Final Assessment Resolution whic Assessment Roll fOr the of assessment and approves the amendments as the City Commission deems appropriate, after: hearing comments and objections of all interested parties; WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance; WHEREAS, notice of a public hearing has been published and mailed, as required by the terms of the Ordinance, which provides notice to all interested persons of an opportunity to be heard; an affidavit regarding the form of notice mailed being attached hereto as Appendix A and the proof of publication being attached hereto as Appendix B; and WHEREAS, a public hearing was held on September 4, 2001, ana comments and objections of ali interested persons have been heard ana considered as required by the terms of the Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance No. 01-34; Resolution No. R01-217; Article VIII, Section 2, Florida Constitution; sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of law. SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes the Final Assessment Resolution as defined in Ordinance No. 01-34. All capitalized terms in this resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution, as amended and supplemented hereby. SECTION 3. AMENDMENT OF INITIAL ASSESSMENT RESOLUTION. (A) The definitions provided in Section 2 of the Initial Assessment Resolution are hereby supplemented with the following: "Clubhouse" means those Buildinqs located on Tax Parcels that have a Code Description desi.qnated as "690" in the Improvement Codes. (B) Because the use of Clubhouses on property within the City is generally secondary, ancillary and incidental to the primary use of the property, the City Commission hereby declares that itis fair and reasonable to exclude from the Fire Rescue Assessment those Buildings that are classified as Clubhouses. Accordingly, no Fire Rescue Assessment shall include a charge for Clubhouses. (C) Due to a scrivener's error in the Initial Assessment Resolution, the incorrect location for the public hearing was included in the resolution. Notwithstanding, the correct location was included in both the published and mailed notices. Accordingly, Section 11 of the Initial Assessment Resolution is hereby amended as follows: SECTION 11. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 6:30 in the City Beulevar~, Boynton Beach Community Hi.qh School, 4975 Park Rid.qe Boulevard, Boynton Beach, Florida, at which time the City Commission will receive and consider any: comments on the Fire RescUe Assessments from 'the public and affected property owners and consider imposing Fire Rescue Assessments. (¢,.,.,¢~ ,t., ..... k~ r~nr~__~nt deletions; underscores represent additions.) (D) Due to a scrivener's error, an incomplete table of Improvement Codes was attached to the Initial Assessment Resolution. The Improvement Codes attached as Appendix B to the Initial Assessment Resolution included only those Buildings designated as Single Family Residential and Multi,Family Residential. The Code Designations for Commercial, Industrial/Warehouse, Institutional and Nursing Home Properties were inadvertently omitted from the correct table. Accordingly, the complete Improvement Codes attached hereto at Appendix C are hereby substituted for the Improvement Codes attached as Appendix B to the Initial Assessment Resolution. (E) Except as modified, amended and supplemented herein, .the Initial Assessment Resolution shall remain in full force and effect. 4 SECTION 4. 'IMPOSITION OF FIRE RESCUE ASSESSMENTS. (A) The parcels of Assessed Property described in the Assessment Roll, which ~s hereby approved, are hereby found to be specially benefited by the provision of the fire rescue services, facilities, and programs described or referenced in the Initial Assessment Resolution, as amended, in the amount of the Fire Rescue Assessment set forth in the Assessment Roll, acopy of which was present or available for'inspection at the above referenced public hearing and is incorporated herein by reference. It is hereby ascertained, determined and declared that each parcel of Assessed Property within, the City will be specially benefited by the City's provision of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue Assessment for such parcel, computed in the manner set forth in the Initial Assessment Resolution, as amended. Adoption of this Final Assessment Resolution constitutes a legislative determination that all parcels assessed derive a special benefit in a manner consistent with the legislative declarations, determinations and findings as set forth in the Ordinance, and the Initial Assessment Resolution, as amended, from the fire rescue services, facilities, or programs to be provided and a legislative determination that the Fire Rescue Assessments are fairly and reasonably apportioned among the properties that receive the special benefit as set forth in the Initial Assessment Resolution, as amended. (B) The method for computing Fire Rescue Assessments described and referenced in the Initial Assessment Resolution and modified, amended and supplemented herein, is hereby approved. The Parcel Apportionment methodology 5 described in Appendix E of the: Initial Assessment Resolution, and adopted in Section 7 of the Initial Assessment Resolution is hereby approved. (C) For the Fiscal Year beginning October 1,2001, the estimated Fire Rescue Assessed Cost to be assessed is $4,352,899. The Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1,2001, are hereby established as follows: RESIDENTIAL Rate Per PROPERTY USE Dwelling Unit CATEGORIES Single Family Residential $ 90~ Multi-Family Residential $ 96 NON-RESIDENTIAL Building PROPERTY USE Classification (in Industrial/ Nursing CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes < 1,999 $ 200 $ 63 $ 324 $ 324 2,000-3,499 $ 399 $ 127 $ 649 $ 649 3,500-4,999 $ 699 $ 222 $ 1,135 $ 1,135 5,000- 9,999 $ 998 $ 317 $ 1,622 $ 1,622 10,000 - 19,999 ~ $ 1,996 $ 634 $ 3,243 $ 3,243 20,000 - 29,999 $ 3,992 $ 1,268 $ 6,486 $ 6,486 30,000 - 39,999 $ 5,988 $ 1,902 $ 9,729 $ 9,729 40,000 - 49,999 $ 7,983 $ 2,536 $ 12,972 $ 12,972 >50,000 $ 9,979 $ 3,171 $ 16,21.5 $ 16,215' (D) The above rates of assessment are hereby approved. Fire Rescue Assessments for fire rescue services, facilities, and programs in the amounts set forth in the Assessment Roll, aS herein approved; are hereby levied and imposed on all parcels of Assessed Property described in such Assessment Roll for the Fiscal Year beginning October 1, 2001. 6 (E) No Fire Rescue Assessment shall be imposed upon a parcel of Institutional Property whose use. is wholly exempt from taxation under Florida law. (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized by the City Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue Assessments. (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue Assessments are also levied and imposed against all property for which a Certificate of Occupancy is issued after adoption of this Final Assessment Resolution based upon the rates of assessment approved herein. (H) Fire Rescue Assessments shall constitute a lien u pon the Assessed Property so assessed equal in rank and dignity with the liens of ali state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. (I) The Assessment Roll, as herein approved, together with the correction of any errors or omissions as provided for in Ordinance No. 01-34, shall be billed, collected, and enforced pursuant to the alternative method of collection described in Section 3.02 of the Ordinance and Section 10 of the Initial Assessment Resolution. The City Commission hereby directs the City Manager to mail said bills no later than the close of the first quarter of the calendar year of 2002. 7 SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution, as modified, amended and supplemented herein, is hereby confirmed. SECTION 6. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the Assessment ROll and the levy and lien of the Fire 'Rescue Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of this Final Assessment Resolution. SECTION 7. SEVERABILITY. If any clause, section or other part of this resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this resolution. [The remainder of this page is intentionally left blank.] 8 SECTION 8. EFFECTIVE DATE. This Final Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 4th day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) APPROVED AS TO FORM AND CORRECTNESS: James A. Cherof City Attorney APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS APPENDIX B PROOF OF PUBLICATION THE PALM BEACH POST Pubhshect ~Daaly ~ S~ West PaJm 8each P~,a ~ach CoumT, Honda PROOF OF PUBLICATION STATE OF FLOR[DA COUNTY OF PALM BEACH ~fore the u.,~erstgz~:l aUd'LOm7 persona21y apl~a~t ~ who on ~th says t~at he t ~s Ratrmtment Ad~'ertisin~ Manager of The Palm Beach Po~ a da~ly and Sund~] newspaper pubhsta~L at West PaJm Beach m P~m ~ CountT, Honda;that ~t~ ~ .a~t~l ] copy of adve,~smg, being a ~in Lhe mat~er of Hea~n~ ~ ~ -- Co~ p~l~ m ~n~m~ t~of Aura 7. 2~1. A~ant f Honda., Palm Beach County, of \ Ty~pe a~ [d~nncanon Pmduc~ NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS F1RE RESCUE A$$LBS~MENTS Ca~im o~ ~ tim Rma~ Assmsme~/C:)ntinaru~, the Initial LIUE.EH: P.a4M BF. ACH I'OST ALIGUST 7. 2001 ¥ APPENDIX C REVISED IMPROVEMENT CODES APPENDIX C REVISED IMPROVEMENT CODES Code Description Category 60 EFFIC ENCY APARTMENT MULTI-FAMILY 101 RESIDENTIAL I FAMILY RESIDENTIAL 102 ~ RESIDENTIAL 2 FAMILY MULTI-FAMILY 103 RES DENTIAL 3 FAM LY MULTI-FAMILY 104 RES DENT AL 4 FAMILY MULTI-FAMILY 106 CONDO COMMON ELEMENT INOT USED 107 CONDO FEE SIMPLE :=MULTI.FAMILY 170 DORMITORY 'MULTI,FAMiLY 230220 APARTMENTSAPARTMENTS LOWHiGH RIsERISrE ~ ~ i MULTliFAMILyMU LTI~FAMILY 240 APARTMENTS- TOWNHOUSE MULTI-FAMILY 260 APARTMENTS- SENIOR 'MULTI,FAMILY 301 RES ON COMM LAND RESIDENT AL 340 COMMERCIAL MIXED USE CO~MMERCIAL 350 RETAIL S NGLE OCCUP: COMMERCIAL 351 DRUG STORE FREESTANDING COMMERCIAL 355 OFF CE CONDOMINIUM COMMERCIAL ,' 356 RETAIL CONDOMINIUM= COMMERCIAL 1360 DISCOUNT DEPT sTORE COMMERC AL 362 i VETERINARY CLINIC = COMMERCIAL 364 HOME IMPROVEMENT 'COMMERCIAL 365 FURNITURE STORE COMMERCIAL 370 DEPARTMENT STORES: COMMERC AL ... 371 DOWNTOWN ROW TYPE COMMERCIAL 374 RETAIL MULT OccUP COMMERCIAL 375 RETA L DRIVE-UP COMMERCIAL 380 STR P SHOPPING CNTR COMMERCIAL 390 COMM SHOPPING CENTER ~'OMMERCIAL .,QMMERCIA 392 ~ i E ' ' L LUMBER STOP, AG 395 TRUCK TERMINAL ~ COMMERCIAL 1400 REGIONAL SHPMA~L/CNT , COMMERCIAL '410 SUPER REG SHOPMALL COMMERCIAL -,: T COMMERCIAL 420 3UPERMARKE " : T COMMERCIAL 430 CONVENIENCE FOOD MK . . 440 HOTE~MOTEL BUSINESS COMMERC AL 450 RESORT HQTEL COMMERCIAL 460 HOTEL/MOTEL LQ RISE COMMERCIAL 470 ' HOTEL- HI RiSE COMMERCIAL 490 OFFICEBLDG' L/R 1-4S COMMERCIAL 500 OFFICE H'R 5ST O~MMERCIAL 520 MEDIAL O,F~ICE BLDG cOMMERCiAL 530 HOSP TALS :' INSTITUTIONAL C-1 Code Description Cate~lory 540 NURS NG HOME NURSING HOMES 550 BAR/TAVERN COMMERCIAL 551 COCKTA L LOUNGE COMMERCIAL 560 :~ESTAURANT COMMERCIAL r 570 FRANCHISEFOOD : : COMMERCIAL 560 BOWLING ALLEY iCOMMERCIAL 582 SKATING RINK COMMERCIAL 583 HEALTH CLUB COMMERCIAL 587 COUNTRY cLub COMMERCIAL 589 COUNTRY CLUB/W GOLF CRSE COMMERCIAL , 590 ARENA ' ' COMMERCIAL 591 GYMNAS UM : COMMERCIAL 592 STADIUM ' ' COMMERCIAL 593 DOG/HORSE TRACK 'cOMMERCIAL 594 RACETRACK , ~ COMMERCIAL 600 AUDTORIUM : : : : COMMERCIAL 6.10 C NEMNTHEATER, = COMMERCIAl., ' 614 : RADIO/TV/PlO STUD O COMMERCIAL 615 LEG T MATE THEATER . COMMERCIAL ~ ' 620 BANK/MAIN OFFICE COMMERCIAL 630 NEIGHBORHOOD BANK , COMMERCIAL ' . : 640 SERVICE STATION NO BAYS COMMERCIAL 641 '~ i SERVICE STAT ON W/BAYS COMMERCIAL ~ : 650 CAR WASH-AUTOMATIC: COMMERCIAL: .: 651 'CAR WASH - MANUAL i . ' !COMMERCIAL 652 CAR WASH SERVICE STAT ON 'COMMERCIAL. 660 AUTO SERVICE GA~GEi~ COMMERCIAl, = 662 :, KWIK LUBE i r COMMERCIAL : 665 GARAGE STOOGE INDUSTRIA~AREHOUSE 670. OFFICE/WAREHOUSE COMMERCIAL.. 680 ' FUNERAL HOME · , COMMERCIAL : 690 CLUBHOUSE ~ COMMERCIAL 691 SOCIALJFRATERNALHAEL INSTTUTIONAL ' ;.; 695 GUARDHOUSE ,:. NOT USED i. :: 700 COLD STORAGE iL i INDUSTRIA~AREHOUSE 712 ~ QUIPMENT INDUSTRIA~AREHOUSE 712 TELEPHONE EQUIPMENT; . I ; BLDG NDUSTRIA~AREHOIJSE.::., 715 TELL SRV GAR FACiI. I~Y~ NOT USED ! ~ . 720 PARKING GA~GEtDEGK NOT USED ~ ,RADIOFI'V TRANSMt[T'I'ER BLD INDUSTRIA~AREHOUSE 730 DAY CARE CENTEP,. ~ ' COMMERCIALr~ 750 AUTO DEALER/F-SE,RV CE COMMERCIAL i i i '~ INDUSTRIA~AREHOUSE 800 i L GHT MANUFACTLLIP, ING .... 810 . HEAVY MANUFACTURiN. G INDUSTRIALIWAREHOUSiE 820 WAREHOUSE DtsT'R SUTION INDUSTRIA~AREHOUsE 830 ~IiNI WAREHOUSE , , INDUSTRIA~AREHOUSE 840 WAREHOUSE STOP, AG INDUSTRIA~AREHOUSE C-2 Code Description ~ Cate~lor~ 841 WAREHOUSE SINGLE TENANT INDUSTRIAL/WAREHOUSE 850 HANGAR INDUSTRIAL/WAREHOUSE 860 BARNS i NOT USED 861 : RES DENT AL BARNS'.: NOT USED ' 870 , =REFABWAREHOUSE = ~ ~ 'INDUSTRALNVAREHrOuSE' 80 TECHN CAL MANUFACTUR NG : iNDUSTRIALNVAREHOUSE 00, . SCHOO,L , : I:NSTITUTIONAL-:, ':' 9:01 'COLLEGES/UNIVERSITY iNsTITUTIoNAL iNSTiTUTiONALr ; 910, ,' RELIGIOUS ; :: 9;20 , i EDUCATIO:N/REE GIOUS; , NSTITUTIONAL , E E INSTITUTIONAL" ~ ; r i' ! ~ ; ~30 GOVERNM 'NTA:,': :,; 950 :, , POL;CE/FIRE STATioNs i : INSTITUTIONAL' 960, ; coRRECT ONAL r ; ;r' [ ; i iNST'ITUTIoNAL; ; ; i, CULTURAL FACILITIES ', ~ : ' INST TUT ONAL 0200 :, SFT-MFG , ~ I ENTIAL i .... .... , RESIDENTIAL 0300 rr ' sFR+ZERO LOT' ' ' 0402 , iDOCKUMINIUM ~10 TOW~NH~LISE,:.........[ --RESIDENTIAL 07D0 , EXC TWHS N, , ~,,. .... I.<,Y.~IUt::r~HAL , , RESIDENTIAL ~,, ' I MULTPFAMILYI ! ' , I '~' m '" ' MULTI FAM by M,ULTt. FAMIL~, ~0: O HANGER~ ' ' ', ' j' , NOT USED I J , 0-3 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21,2001 [] September 4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR3 Date Final Form Must be Tumed in to CiW Clerk's Office luly 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 [] October2, 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.) :00 p.m.) October 1.7 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report [] Legal RECOMMENDATION: Approval of a Resolution creating and establishing a needing financial assistance to pay all or part of the fire assessment levied on their process for hardship waiver requests. EXPLANATION: The City Commission recognizes that the special residential proeprty owners in the City, and desires to provide a means whereby request a total or partial waiver of the special assessment for hardship. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature Civ James A. Cherof Department Name City SABULLETINkFO~S~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. ~ S'O A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A PROCEDURE FOR HARDSHIP WAIVERS OR DEFERRALS OF ALL OR PART OF THE CITY'S FIRE RESCUE SPECIAL ASSESSMENT; PROVIDING FOR THE ESTABLISHMENT OF AN APPLICATION AND REVIEW PROCESS FOR HARDSHIP WAIVER REQUESTS; PROVIDING FOR A COMMITTEE TO REVIEW HARDSHIP WAIVER REQUESTS; PROVIDING CRITERIA FOR REVIEW OF HARDSHIP PROVIDNG FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach has adopted Ordinance 01-34, authorizing the imposition and collection of fire rescue special assessments against property; and WHEREAS, the City Commission of the City of Boynton Beach has adopted Resolution 01-217, which is the Initial Assessment Resolution for the City's Fire Rescue Special Assessment; and, WHEREAS, the Initial Assessment Resolution provides for the imposition of a special assessment upon all real property not specifically exempted within the Initial Assessment Resolution, including all residential properties in the City; and, WHEREAS, the City Commission recognizes that the special assessment may work a hardship on certain residential property owners in the City, and desires to provide a means whereby affected property owners may request a total or partial waiver of the special assessment for hardship. 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 hereby creates and establishes a program for qualified individuals who need financial assistance to pay all or part of.the fire assessment levied on their property or who seek deferral of payment of all or part of the fire assessment on their property. S:\CALRESO\Legislative Actions~assessment hardship082801.doc 1 sECTION 3. The City's program for financial assistance shall be commonly referred to as H.E.L.P., Hardship Extension Loan Program. The following types of financial assistance are available, based upon need: Ao B. C. D. Relief from all payments of an annual fire assessment. Relief froma portion: of payments o fan annual fire assessment. Deferral of payments of an annual fire assessment. Deferral of a portion of payments of an annual fire assessment. SECTION 4. A. B. The following individuals are eligible for financial assistance: Residential Property Owners who meet 2001 HHS Poverty Guidelines. Residential property owners that are exempt from ad valorem taxation pursuant to the following Florida Statutes are eligible to apply for a Hardship Waiver or Deferral: 1. Section 196.081, Florida Statutes (totally disabled veterans and surviving spouses of veterans); 2. Section 196.091, Florida Statutes (disabled veterans confined to wheelchairs) 3. Section 196.101, Florida Statutes (totally and permanently disabled persons) Residential Property Owners that qualify for the additional homestead exemption for persons 65 and over authorized pursuant to section 196.075, Florida Statutes are also eligible to apply for the Hardship Waiver Residential Property Owners that are qualified under the Florida Homestead Property Tax Deferral Act, Section 197.242 et al., Florida Statutes. SECTIONS. Eligible Residential Property Owners may submit an application for a Hardship Waiver or Deferral, on a form prepared by the City, with the Finance Department. The Application shall include the following: A. Documentation demonstrating eligibility for the Hardship Waiver or Deferral through one of criteria exemptions listed in sections A, B, C or D above; A copy of the Tax Bill for the subject property; Description of the facts and circumstances of the Hardship. S:\CAXRESO\Legislative Actions'~assessment hardship082801.doc 2 SECTION 6. All. Applications for ,the Hardship Waiver or Deferral must be received by the City's Finance Department on or before November 1 of each year in order to be considered for the currently billed assessment. For example, all Hardship Waiver or Deferral Applications for the Fire Rescue Special Assessment levied in September, 2001 must be received on or before November I, 2001. Once received, all applications shall be reviewed by a Hardship Waiver Review Committee. A. The Committee shall be comprised of three (3) members: 1. City Manager, or his or her designee; City's Finance Director, or his or her designee; and Member appointed by City Commission. The Committee shall review the facts and circumstances to determine whether a hardship exists to warrant a partial or total waiver of the special assessment .levied upon the applicant's real property or a deferral of payment of such. The concurrence of all three members of the Committee shall be necessary to grant a partial or total, waiver or deferral of payment of the special assessment. D. The decision of the Committee is final. SECTION 7. such to the applicant. The Committee shall render a written decision and provide SECTION 8. If a partial or total waiver or deferral is granted by the Committee, the Finance Director shall ensure appropriate documentation is provided to the Tax Collector as to the revised amount of the assessment as to the applicant. SECTION 9. property only. An applicant may apply for a Hardship Waiver as to one SECTION 10.. basis. SECTION 11. then fiscal year. An applicant must apply for the Hardship Waiver on an annual A deferral may be granted for no longer than the end of the SECTION 12. When financial assistance is granted pursuant to the H.E.L.P. program, the City shall pay on behalf of the individual who has been granted assistance by the Committee all or part of the fire assessment not paid by the individual. The City Commission shall appropriate from general funds a sufficient amount' to insure timely payment of an assessment when'assistance is granted S:\CAW, ESO\Legislative Actions~assessment hardshipO82801.doc 3 SECTION 13. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 14. if any clause,, section, other part or application of this Resolution is held by any court of competent jmsdiction to be ur~constituti~)nal or :invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 15. This Resolution shall become effective upon adoption. PASSED AND ADOPTED By THE CITY COMMISSION OF THE CITY OF ;OYNTON BEACH, FLORIDA, THIS DAY OF ,2001. MAYOR COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER ATTEST' JANET PRAINITO, CITY CLERK APPROVED AS TO FORM: JAMES A. CHEROF, CITY ATi'ORNEY S:\CA~RESO\Legislativ¢ Actions~assessment hardship082801.doc 4 IV.-ADMINISTRATIVE I'TEM A. City Clerk: September 27, 2001 Due to business commitments, I find that I am unable to continue as a member of the Library Advisory Board. Please accept this letter as my resignation. If am able to serve in any capacity in the future, I shall advise you of the circumstance and I shall be happy to assist if I am needed. IV.-ADMI'NI'STRAT~VE 'rTEM B. (~ r~o~e ~om... BERNICE D JOYCE V-ANNOUNCEMENTS &. PRESENTATI~ON$ [TEM A. 1 City of Boynton Beach 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 15th July 20th August 17t" Battle of the Bands: "Orlon", "The Trytones" and "Identity Crisis" (Teen Concert) Straight Shooter (Country) Heidi and The El Cats (Acoustic Blues) September 21~t Island Heat (Calypso/Soca) October 19t" 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 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21,2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM B.1. CITY OF BOYNTON BEACH AGENDA ITEM QUEST 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.) August8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Date Final Form MU~ be ~ Meeting Dates in to Cit~ Cler~,.Office?- .~'~.'.-. [] September l9. 2001 September 5, 2001(5:~.m.) ,~i ..~ [] October2,2001 September20,2001 (5:00p..~m.O '-': ~ [] October l6, 2001 October3,2001 (5:00p.m.) ~.. ~."~'_ [] November 6, 2001 October 17,2001 (5:00p.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 rescind the award to Dravo Lime Inc., for "CO-OP BULK QUICKLIME", Bid #052-2821-01/KR; and, a motion to re-award this bid to Chemical Lime Company of Mulberry, Florida for an estimated annual expenditure of $94~500.00 for the City of Boynton Beach Utility Department. The City of Boynton Beach is the lead entity for this Palm Beach County Cooperative Purchasing bid. The total cooperative is $ 551,124.00 for the remainder of the current contract period. CONTRACT PERIOD: SEPTEMBER 20, 2001 to MAY 15, 2002 EXPLANATION: On May 15, 2001 Co-Op Bulk Quicklime was awarded to Dravo Lime Inc., who was the lowest bidder and had provided good service in the past. Unfortunately, we have recently experienced problems with the quality of product supplied (see attached Memo #01-234). Shipments of lime have not met specifications outlined in the bid documents and attempts to allow Dravo to work out their factory problems have failed. Dravo was given notice on August 23, 2001, that failure to meet these specifications would be grounds for contract termination. The bid documents stipulated the product specifications for insoluble materials and quality control. In the event product standards for,bulk quicklime are not maintained, the language in the bid states "...this shall be grounds for immediate cancellation". Four other entities have also experienced problems with Dravo's lime; including the Cities of Deiray Beach and Lake Worth who have already taken steps to re-award to Chemical Lime. PROGRAM IMPACT: The purpose of this bid is to secure a source to provide the best quality Bulk Quicklime available at the most economical price and deliver to various government entities who have elected to participate in the Cooperative Bid. Lime is a very important process chemical used at the East Water Treatment Plant to adjust pH, reduce hardness, and provide stable water. FISCAL IMPACT: Chemical Lime has agreed to extend bid prices, dated April 16, 2001, to the Co-Op through May 15, 2002 (see attached letter). This is an increase of $ 3.00 per ton higher than Dravo, but will be almost indistinquishable due the larger volume of calcium oxide being used at present. S:~BULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT continued... BUDGET ACCOUNT PROCESS CHEMICALS g401-2821-536-52.35 ESTIMATED ANNUAL EXPENDITURE $ 94,500.00 ALTERNATIVES: The alternative would be to continue to allow the inert material in the lime deliveries from Dravo to plug the feed systems used in the East Water Treatment Plant, requiring an inordinate amount of maintenance and disruption of water treatment. Deputy Direct& of Financial Services City Manager's Signature Procuremem Services Deparmaent Name City Attorney / Finance / Human Resources cc: Bob Kenyon, Deputy Utility Director John Reynolds, EWTP Chief Operator Barb Conboy, Administrative Coordinator File S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC MEMORANDUM Utilities #01-234 TO: FROM: THROUGH: Bill Atkins, Procurement Services Bob Kenyon,.~r,5'pO Deputy Utilitie~-'Director Dale Sugerman, (,~~ Assistant City Manage'~ DATE: September 21, 2001 SUBJECT: Lime Bid #052-2821-01/KR - Emergency Change This past May the City Commission approved the annual Co-Op bid for bulk quicklime with Dravo Lime, Inc. Dravo was the lowest priced bidder and has provided good service in the past. Lime is a very important process chemical used at the East Water Treatment Plant to adjust pH, reduce hardness, and provide stable water. Unfortunately, we have recently experienced problems with the product supplied. Specifically: · Four of eight deliveries did not meet the specified minimum Calcium Oxide content. This is the active product necessary to achieve consistent results. · There is a significant amount of inert material such as sand, stone, or clumps that plug our slakers. · The material requires an inordinate amount of maintenance and disrupts treatment. Typically we clean slakers once a week. Yesterday we had to suspend treatment three times alone and three times per week has been typical since July. · The uniformity and size of the material is mixed and inconsistent. This plugs the feed systems and provides inconsistent slake. On September acknowledged 2001, we have treatment. 5, 2001, staff met with three representatives from Dravo. They having kiln problems and were trying to resolve. As of September 20, not received a response, and our concern is maintaining consistent I1.ECE D SEP g4 ?.001 Bill Atkins September 21, 2001 Page 2 I have instructed the Chief Operator, John Reynolds, to stop buying lime from this supplier and to use the next lowest bidder, Chemlime, Inc. The price from Chemlime is $3.00 per ton higher but will be almost indistinguishable due to available CaO meeting specifications. As you know the Cities of Lake Worth and Delray Beach have already taken this action to maintain consistent treatment. We need to do the same. Please present this request to the Commission for their approval of the Following: Rescind the bid and current contract with Dravo Lime, Inc. Award the bid to the next lowest bidder, Chemlime, Inc. for the remainder of the year, approximately nine months. Our anticipated usage from now through July 2, 2002, is 900 tons for an approximate cost of $94,500.00. Funds are available in account #401-2811-536-52.35. It is regrettable this action is necessary as Dravo has provided good service and product in the past. But, they have been unable to meet our specifications, and needs during the past three months. If you need additional information,, please contact me at ext. 6402. /gb XC: Dale Sugerman John Reynolds Barb Conboy (;nemlca line A Lho~st G;ou~ C. ~y Septemb~ 20, 2001 §fl 2001 PURCHASING DEPTj Ms. Karcn Risoley, Buyer City of Boynton Beach Avenue North Boynton Beach, Florida VIA FACSIMILE Dear Ms: Riscley: This letter is in response to your desire to accept the bid of Chemical Lime Company for lime for your water 'treatment facility in Boynton Beach, Florida. Chemical Lime Company agrees to famish lime trader the terms and conditions of our ,recent Bid Number 052-2821-01-KR for Bulk Quicklime to the City of Boynton Beach (acting for the Palm Beach County Purchasing Coop). As always, Chemical Lime Company appreciates your business. Please call me if you need additional information. Very lmly yours, CHEMICAL LIMB COMPANY Chemical Lime Company 31 Inverness Center Parkway. Su/te 425 Birm/ngtt~am. AlaOama 35242 Phone: (205t 95t-6200- 1- {8881 605-7783 Fax: (2051 437-92~ ooo 0 m The City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach,: Florida 33425-0310 Telephone: (56D 742-6320 FAX: (561) 742-6306 August23,2001 DRAVO LIME INC. LONGVIEW OPERATION P.O. BOX 37 SAGINAW, AL 35137 ATTN: LARRY D. EZELLE CO-OP BULK QUICKLIME BID g052-2821-01/KR Dear Mr. Ezelle: As you know, the City of Lake Worth has decided to no longer be a part of this Co-Op bid due to "poor slaking qualities" exhibited by Dravo lime. All participating entities have been notified of their action and I have requested comments from the Co-Op on the individual deliveries received by their utility departments. The comments received so far have not been altogether favorable. Due to these on going problems, we are hereby giving notice that we will begin testing quicklime deliveries on a weekly basis to determine if they meet bid specifications. As you know, failure to consistently meet required bid specifications for product quality will be grounds for contract termination. I have enclosed a copy of the bid specifications for your review. If you have any questions or concerns, please call me at (561) 742-6322. Sincerely, Bill Atkins Deputy Director of Financial Services Enclosure cc: All Participating Entities Central File File MEMORANDUM TO: All Participating Entities DATE: August 24, 2001 (see distribution list) ~'} Karen T. Riseley - ~;~' Procurement Services FROM: SUBJECT: "Co-Op Bulk Quicklime" Bid #052-2821-01/KR Attached please find a copy of a letter sent to Dravo Lime, Inc. due to on going complaints regarding the quality of lime received by many of the entities. We are putting them on notice that we will begin testing to determine if their lime is meeting bid specifications. Our City Attorney has reviewed the problem with Bill Atkins, Deputy Director of Financial Services/Purchasing Agent; and, since the bid is based on the QUALITY of lime we receive, it is his opinion that we should be testing the deliveries to verify the quality. This will allow us to document the situation in order to rescind the award to Dravo Lime and re-award to the next lowest bidder. As stated above, the City of Boynton Beach will begin testing their deliveries. I highly recommend you' do the same in order to provide documentation of poor quality; then FAX the results to (561) 742-6306. There is also a provision in the bid specifications stating that a physical and chemical analysis MUST be furnished with each delivery, Page 11). Are these being provided, and are we checking them? If you have any suggestions or comments, please contact me at (561) 742-6322. Thank you for your cooperation in resolving this problem. DISTRIBUTION LIST: City ofDelray Beach/Jackie Rooney (561) 243-7166 City of Lake Worth/Tom Anderson (5610 586-1673 City of West Palm Beach/Nora Laudermilk (561) 835-0028 So. Central Regional WWTP/Bryan Gayoso (561) 265-2357 Town of Highland Beach/Jack Lee (561) 998-9045 Village of Wellington/James Volkman (561) 798-5397 City of Boynton Beach/Bob Kenyon (561) 742-6298 City of Riviera Beach/Carl Staley (561) 842-5105 DELRAY BEACH Ail-America City 100 N.W. 1st AVENUE DELRAY BEACH, FLO,qiDA 33444 56] 199} ~EP g5 2001 243-7C27 Larry D. Ezelle Dravco Lime Inc. P.O. BOX 37 Saginaw, AL 35137 RE: Bid #052-2821-1/K-R - City of Boynton Beach Co-op Bid Co-op Bulk Quicklime Dear Mr. Ezelle; Our City Commission, on September 04, 2001, authorized the cancellation of the May 15, 2001, Commission Agenda award to your company for the purchase of bulk quicklime due to the numerous problems our treatment process has experienced as a result of the lime failing to meet the minimum specifications as stated in the bid package. This contract was re-awarded to second low bidder, Chemical Lime Company. If you have any questions in regards to this matter, you may contact me at (561) 243-7163. Sincerely, Jacklyn Rooney Purchasing Supervisor cc: Joseph Saql~inance Director C. Danvers ~e~'~y, P.E., Deputy Director of Public Utilities Richard C. Hasko, P.E., Director of Environmental Services John Bullard, Man'ager Water Treatment Plant City of Boynton Beach THE EFFORT ALWAYS MATTERS DELRAY BEACH Ali-America C~ 100 N.W. 1st AVENUE September 24, 2001 1993 DELRAY BEACH, FLO,q!DA 3344~ RECEIVED 557 243-7003 Chemical Lime Company John Thompson P.O. Box 1137 Mulberry, Florida 33860 RE: Bid #052-2821-1/KR - City of Boynton Beach Co-op Bid Co-op Bulk Quicklime Dear Mr. Thompson; Our City Commission, on September 04, 2001, authorized the cancellation of the May 15, 2001, Commission Agenda award to Dravco Lime, Inc. and approved the re-award to your company for the purchase of bulk quicklime ~ $107.56 per ton via the City of Boynton Beach Co-op Bid #052-2821-1/KR. Term of the contract will be September 05, 2001 to May 15, 2002. Items shall be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term. Please submit to my attention, City of Delray Beach Purchasing Division, 100 N.W. First Avenue, Delray Beach, Florida, 33444, the required certificate of insurance naming the City of Delray Beach as additional insured. If you have any questions in regards to this matter, you may contact me at (561) 243-7163. Sincerely, Purchasing Supervisor cc: JoSeph Sa _c~~inance Director .C. Danvers ~a'tty, P.E., Deputy Director of Public Utilities Richard C. Hasko, P.E., Director of Environmental Services John Bullard, Manager Water Treatment Plant City of Boynton Beach printed on rR,),:ycled Pa~er THE EFFORT ALWAYS MATTERS PURCHASING DEPARTMENT 1900 2ND AVENUE NORTH LAKE WORTH, FL 33461 FAX W9ml City of Boynton Beach- Purchasing Dept. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 ,.JIJL .~1~ 2001 RCHASING DEPT. Arm: Karen Risely Subject: Cancellation of Contract with Dravo Lime Dear Karen: Pursuant to our conversation last Thursday, the City has cancelled its contract with Dravo Lime for bulk quicklime under the Co-Op Bid. Cancellation was approved at our City- Commission meeting of 7/3/01. We have now awarded our contract to the next lowest bidder, Chemical Lime. This action was taken based upon the poor slaking qualities exhibited by the Dravo lime, as detailed in the attached memo from our Water Plant Supervisor. Due to these poor slaking characteristics, the City suffered increased costs both for the purchase of additional quicklime and also for disposal of additional lime sludge. Please include this letter in your bid file as documentation of our experience. Sincerely; Tom Anderson Purchasing Manager encl: Water Plant memo c.c.: Bob Douglas- Water Plant Supervisor P.O. file (Dravo) ("mm-Dravo") Utilities Department Water Treatment Plant MEMORANDUM TO: FROM: THRU: SUB J: DATE: Tom Anderson Purchasing Supervisor Mike Thew Water Systems Su~)~i~tendent Robert Douglas ~ Water Plant Supervisor Quality of Bulk Quicklime From Dravo Lime Inc. June 15, 2001 The Lake Worth Water Plant has experienced increase use of lime due to limited slaking ability of the new quicklime from Dravo Lime Inc. We are currently using an additional 1,500 to 2,000 pounds of lime per day over what we have been using from Chemical Lime Company. This is unacceptable even if the lime cost approximately $2.56/ton less than Chemical Lime. We are also, generating more grit (impurities) from our lime slakers in one (8) hour shift than we would normally generate in a 24-hour period. At this rate we wi]l have many more man-hours repairing and operating the :lime slakers than you would normally. The quicklime lime that we are using does not slake well at all in our existing lime slakers! In summary we are saving $2.56/ton but spending additional $105.00/ton more for lime per day on average. This in my opinion is unacceptable. I proposed that we cancel the purchase order with Dravo Lime Inc. and establish a purchase order with the next lowest bidder who is Chemical Lime Company. I estimate that the Water Treatment Plant will need to spend an additional $10,000 just for the last four months of this fiscal year to cover the increase usage of quicklime. If you require further information on this matter, please call me at my ext. 1710. CC' Patrick Miller, Assistant City Manager/Utilities Director Bob Dillingham, Chief Operator Sep 20 O1 09:23a Tosn o~ Hi~hland ~each SG1-gss-SG45 TYPE THIS INFOB.MATION FOR LEGIBILIT'~ 1~ PRODUCT:_ 2. PLI~ASE NOTE ANY pP, OBLI~MS WlTII CURRENT VENDOR: I P,.ECOMM~ND THAT"CO-OP BULK QUICKLIME" BE I~E-AWARDED TO THE NEXT LOWEST BIDDER, CHEMICAL LIME COMPANY, }'OR THF_/~ER OF THIS CONTILACT PERIOD (through f- 15-02): 'Y~S i/' ' NO-- FAX SURVEY TO: CITY OF'BOYNTON BEACH, pROCUREMENT SEKV]C']SS. ATrN:- KAgli!q RI. SELEY ~ix #: 060 QUESTIONS: (561) 742-6322 NOTI/: RE$1sONSE$ ARE, DUE BY: S~:PT~._~f~.R 89/20/2~1 18:11 5612652357 SOUTH CENTRAL WWTP PAGE 02 CO-OP SURV~ $ItEET PLI~SE ~E Tl~ls INFORMATION ~OR 2. PLEASE.NOTE AN~ PROBLP, MS WITH CU'RRENT VENDORa 3. REco~ND THAT "CO.OP BULK QLTICK.LI2vIE'' NF_,XT.LOW~ST'BmDFA~ CHEMICAL LIME COMPANY, 1*OR THE Rt~MAIN~ER OF. CONTRACTPERIOD.(throuzh 5~15,02): Y~_~ NO ~m~o~ #: ~/) -~, ~,.-~ ~-~,~-~ FAX SURV'EY TO: CITY QF BOYNTON I~I~ACH, PROCUREMENT SERVICES ATTN: .KAREN RISELEY · .QU~$TIOlgS: (561) 9'42-6322 'NOTE; RE. SPONSE$ ARE DU~ BY: SEPTEMBER 20, 2001 09/25/2001 03:2~ 5&1-753-2548 V~LLAGE ~ELLINGTON P~GE ~i CO-OP SURVEY SHEET pL~,~.. 1*YP]~'T~_~ INI~ORMATIO_N I~oR LEGm~Y PRODIJCT: ~ BULK QUICK:LIMB,. 3. I RtiCOMM£ND THAT "CO-OP BULK QUICKLIME" BE RE-AWARDED TO NF. XT LOWF, ST BIDDER, CHEMICAL LIME COMPANY, FOR THE ~ OF THIS CCYz~FI'RACT PERIOD (thro~ 5-1S-02): Y~$ . ,. ,,.,~o,.~,..,,,o,,o,,,,,,.,o,,= t); t[,,,,,~_ _: u~, FAX SURVEY TO: CITY OF BOYbFION BEACH, PROCUREMENT SERVICES ATTN: ]ggkREN RISELEY FAX #: (~61) 7~2-6306 Q~,T~TIONS: (~ 1) ?a2-6322 P.~SPONSgS ARE DUE BY: SEPTEMBER 20. 2001 CO-OP SURVEY SBEET ~ Tins INFOIO~ATmN !rOa ~GII~ILrl'Y f ~'LOWEST B{DD~ft, CEEMXCAL t.[;~, C~M~'~, FOR Tl~ THIS CO~VTaACT Im_.,~OD (,.l,m..~ih ~-l,m-o2): y'~ No~_ DAT'~ SLr~~: t./~. ,,q.O" 01 FAX SURVEY TO: CT/W OFBOY2i'I~N BEACH, PROCUI~lVIENT ATTN: FAX #: (~l) 742-63~ QUES'I'IOI~: 061)742-6322 CO-OP SURVEY SHEET HI CAL PRODUCT:' ._....~BULK QUICI/X,IP,~E PEBBLES QUICKLIME RICE ~E NOT~ ANY I)P,.OBL~ ~ CUKREN'I VENDOR: NONE CONTACT. PERSOIq: CARL gT,.vALEY TELF__~ON'~ #: (561) 845-4150 NAMIt OF 'CITy/ORGANIZATiON: ADD~' SS: 2391. AVENUE p.i~Ol~ NUMBS.(561)' CITY OF RIVIERA BEA'CH I~/ATER TRt/ATMENT' PLP~ RIVIERA BEACH, FL 33404 .... FAX#: (561) 84~-5105 ._ CARL,, W. STALEY, ,S,R~i BUYER. DATE 9-26-01 FAX SURVEY TO:. CITY OF BOY'NTON BI~ACI-I. PROCR.tR.~2~II~ SF.,RVICF, S ATTN':, KARIgN RI~ELEY F.~X ~ (561) 742-6306 QYJ*F_~TION~:. (561) 742-6322 1~. i*ONSES ABE I)t~E BY: SEPTEM~ RECEIVED SEP 2,5 Z001 PURCHASING DEPT. ZOtgO 'qD~d 9HIS~-O~d ~0Tc;/;t, 8'[cjc~ ~ :~I IO~E/L~/~G Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to 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 Comtmssion Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16,2001 [] November 6, 2001 Final Form Mu~"l~ Tum~; Date in to City Clerk's Office - September 5, 2001 (5:0~tl~m.)~ ~- September 20, 2001 (5:00-9.m.)C October 3,200I (5:00 p.m.) October 17, 200I (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve the "piggy-back" of the U.S. COMMUNITIES, GOVERNMENT PURCHASING ALLIANCE, LOS ANGELES COUNTY CONTRACT #41421 to OFFICE DEPOT for the PURCHASE OF OFFICE SUPPLIES with estimated annual expenditures of $2211,000, Bid #008-1412-02/KR. EXPLANATION: Procurement Services Division has received a request from Warehouse Division to use the U.S. Communities, Government Purchasing Alliance for the purchase of office supplies. U.S. Communities provides large volume discounts on select products based on the collective purchasing power of local government agencies nationwide. U. S. COmmunities provides an alternate to multiple bid processes and contracts by establishing a competitively bid contract through a single lead agency. This program operates similar to our local Palm Beach County CO-OP Program but on a national level. Los Angeles County was the lead agency for this nationwide contract with Office Depot. Office Depot is doing an excellent job for the City with the on-line, next day, desktop deliveries. The pricing in the new bid will vary from 45% to 63%. In addition, the contract offers a 1% rebate for electronic (on-line) purchases of 80% of the total transactions. Procurement Services Division requests Commission's review, evaluation and approval. PROGRAM IMPACT: The "piggy-back" of this contract will allow for the purchase of office supplies on an "as needed" basis throughout the City. The normal frequent purchase office supplies will provide for a discount of 63% .... this is in comparison to our current expiring bid of a 55% discount. FISCAL IMPACT: Funding will be the Warehouse Inventory Account. Description Warehouse Inventory 502-0000-141-01-00 -Deputy Director of Financial SerVices /J ? Procurement Se~ices Account Number Est. Annual Expenditures City Manager's Signature Department Name S:XBULLETIN~ORMS~,AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources The City of Boynton Beach Finance Department WAREHOUSE DIVISION RECEIVED 2001 TO: Bill Akins, Deputy Finance Director PU RC~..~ DEPT. FROM: Dominic DeMauro, Warehouse Manager DATE: September 27, 2001 SUBJECT: Annual Contract/Office Supplies Bid 3003-1412-00/kr The current office supply bid expires on December 1st, 2001. It is my recommendation that the City not re-bid this commodity, but piggybacks the GPA/Los Angeles County Contract #41421 currently held with Office Depot. This contract expires February 4t~, 2004. See enclosed contract. Currently Office Depot is doing an outstanding job for the City with our on-line, next day, desktop deliveries. Office Depot's technology has allowed the City to save on soft cost expenses. The pricing will be anywhere from 20% to 80% off the list price. Users can get their current list and net price by using the on-line service, and also a priced (custom) catalog will be distributed with the highest discounted items. Our estimated expenditures for 2001 - 2002 are $220,000. This contract offers a 1% rebate for electronic (on-line) purchases of 80% of the total transactions. Any questions please give me a call at ext. 6324. Power -- · Power COb!MU,~ The Govemment Pu~hasing ~liance P~g~m u~s ~e bu~ng power of la~e counUes and cities to supply I~i govemmen~ wi~ significant savings; · 229 High-usage items discounted at up to 80% off · More than 4,000 of the Frequently Ordered Items discounted at up to 63% off · Receive E-Commerce ordering incentives · Free next day delivery to most areas · Over 7,000 govemment agencies nationwide currently utilize this contract 'L'~a~e with Volume Purchasing Incentives · More than $118 Million in office supplies purchased through this contract in 2000 For more information call the U.S. Communities Office Depot Hotline at 1-800-890-4914 x 3202 or send E-Mail to USCommunities@officedepot. com and Services (herein "Products"). B. Master Agreement, through the pubhc agencies subject to any ~ C. On behalf of the public agency identified of the Participating Public Agency or other duly the terms and provisions of the of the state of purchase, and to: such Master Agreement as the Participating Public Signature: Date: PUBLIC AGENCY: into Related Alliance, provides that other ,~ as Los Angeles County, California, purChase. undersigned purchasing agent Public Agency hereby:agrees to ordinances and:the laws [~roducts fi.om Vendor pursuant to may specify fi.om time to time. Name: Please mark the appropriate box: ~ Countv County, Special District ~ City, Town or Village ~ City Special District Department - School (specify): [] K-12 121 Community College [] College & University Other (specify): State Agency Independent Special Distri~ [21 Non-Profit 501(c)3 [] Other: CONTACT PERSON: Name: Title: Mailing Address: City: Telephone: E-Mail: State: Zip: Fax.' Please fax completed form to Office Depot at (301) 497-3266 Updated: 2/13/01 Pricing and Smart Business. Practice Discounts Pricing The top 229 most frequently ordered Rems discounted up to 80% offofthe manufacturer's list price The most Frequently Ordered Item catalog (almost 4,000 Rems) discounted up to 63% off of the manufacturer's list price Furniture priced at manufacturer's list price less 52% Business machines at retail store pricing The remaining miscellaneous items priced at manufacturer's list price less 45% Smart Business Practice Discounts Electronic Commerce Office Depot offers you the ability to streamline your procurement process through our industry leading technology. Transaction costs can be significantly lowered through the use of Office Depot's electronic ordering systems, SUch as Internet ordering (on-line electronic catalog with your contract pricing) and EDI (electronic data interchange). If your local government uses Office Depot's electronic ordering systems for at least 40% of the total transactions, your local government will receive a reimbursement equal to 0.5% of the sales volume. If your local government uses Office Depot's electronic ordering systems for at least 80% of the total transactions, your local government will receive a reimbursement equal to 1% of the sales volume. Volume/Single Source Supplier Additional savings can also be realized by utilizing Office Depot as a singles source supplier. Take advantage of Office Depot as a single source supplier, with over 10,000 Rems in stock, including business machines, furniture, paper, office supplies, recycled, minority, and disabled veterans products. These products are ready for next day delivery to most areas to support cost efficient stockless purchasing programs. · l* If your local government purchases over $500,000 fi.om Office Depot in one year, your local government will receive reimbursement equal to 0.5% of the sales volume. *~* If your local government purchases over $1,000,000 fi.om Office Depot in one year, your local govermnent will receive reimbursement equal to 1% of the sales volume. If your local government purchases over $2,000,000 from Office Depot in one year, your local government will receive reimbursement equal to 1.5% of the sales volume. PURCHASING AND CONTRACT SERVICES MASTER AGREEMENT NO. 41421 BY AND BETWEEN COUNTY OF LOS ANGELES AND OFFICE DEPOT FOR OFFICE AND STATIONERY SUPPLIES AND PRODUCTS 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 MASTER AGREEMENT BETWEEN COUNTY OF LOS ANGELES AND OFFICE DEPOT FOR OFFICE AND STATIONERY SUPPLIES AND EQUIPMENT TABLE OF CONTENTS PURPOSE ........................................................................................... 1 1.1 Pdority of Interpretation ...... i ....................................................... 1 1.2 Entire Master A,qreement. DEFINITIONS ............... 2.1 2.2 2.3 2.4 2.5 Day(s) .............................................. Eli.clibilitv Vendor ........ ' .................................... 2 Fiscal Year ..................... 2 Normal Workin,q Houi's .......................................................... 2 Master Agreement... ...................................................................... CHANGE NOTICES AND AMENDMENT ................................................... 3 3.1 Master Agreement Chan,qe.~ .......................................................... 3 4.2 Assi,qnment and Subcontractir),qj. 4.3 Time is of the Essence ................................................................... 3 TERM OF AGREEMENT. ......................................................................... 5.1 5.2 Term .......................................... 4 Extension ................... ' .......................................... 4 METHOD OF PURCHASE, INVOICING AND PAYMENTS ............................ 4 6.1 Purchase Order(s) ....................................................................... 4 6.2 6.3 6.4 6.5 6.6 Pdcing and Discounts ................................................................... 4 Warranty and Product Complianc~- .................................................. 5 Invoice and Payment Terms ........................................................... 5 Product/Equipment Pdcin.q and Maintenance, ..................................... 5 Independent Contractor Statu~ ........................................................ 6 INDEMNIFICATION AND INSURANCE ....................................................... 6 7.1 Indemnification. ............................................................................ 6 7.2 Insurance ................................................................................... 7 7.3 I, iability Insurance ........................................................................ 7 7.4 Failure to Procure Insurance .......................................................... 8 RECORDS, DOCUMENTS AND AUDITS ................................................... 8 8.1 Publicity ..................................................................................... 8 9.0 EMPLOYMENT ELIGIBILITY VERIFICATION ............................................. 9 10.0 CAPTIONS AND PARAGRAPH HF_ADINGS ............................................... 9 ~ f 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 21.0 22.0 23.0 24.0 25.0 26.0 27.0 28.0 29.0 30.0 31.0 32.0 33.0 34.0 35.0 36.0 WAIVER ...... ' GOVERNING LAW, JURISDICTION AND VENUE ....................................... 9 SEVERABILITY .................................................................................... 9 HIRING POLICIES ................................................................................. 10 14.1 Prohibition of Hirinq ...................................................................... 10 TERMINATION FOR GRATUITIES ........................................................... 10 TERMINATION FOR INSOLVENCY ......................................................... 10 TERMINATION FOR DEFAULT ............................................................... 10 TERMINATION FOR CONVENIENCE ....................................................... 11 TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE .......... 11 COUNTY AUDIT SETTLEMENTS ............................................................11 CONFLICT OF INTEREST ...................................................................... 12 FORCE MAJEURE ................................................................................ 12 MOST FAVORED PUBLIC ENTITY ..........................................................12 DAMAGE TO COUNTY FACILITIES, BUILDINGS OR GROUNDS .................. 12 RESTRICTIONS ON LOBBYING .............................................................. 13 25.1 COUNTY Proiects ........................................................................ 13 NOTICES ............................................................................................. 13 AUTHORIZATION WARRANTY ................................................................ 13 VARIATION OF TERMS ........................................................................... 13 CANCELLATION OF ORDERS ................................................................ 14 NON-EXCLUSIVE AGREEMENT ............................................................. 14 COMPLIANCE WITH APPLICABLE LAW ................................................... 14 FAIR LABOR STANDARDS ..................................................................... 14 NONDISCRIMINATION AND AFFIRMATIVE ACTION ................................... 14 CONSUMPTION REPORTS/ITEM NUMBERS/RESTRICTED PURCHASES .... 15 ORDERING REQUIREMENTS ................................................................16 PARTICIPATING MUNICIPALITIES .......................................................... 16 AUTHORIZATION OF MASTER AGREEMENT ..................................................... EXHIBITS EXHIBIT A - EXHIBIT B- EXHIBIT C - EXHI BIT D - EXHIBIT E - EXHIBIT F- 19 PRICING AND DISCOUNTS FOR L.A. COUNTY ONLY ........................ 20 PRICING AND DISCOUNTS FOR U. S. COMMUNITIES (GPA) .............. 21 VENDOR'S PROPOSAL (Not Attached) ............................................22 COUNTY'S REQUEST FOR PROPOSALS (Not Attached) .................. 23 VOLUME AND E-COMMERCE DISCOUNTS .................................... 24 EXCEPTIONS TO TERMS AND CONDITIONS ................................ 25 MASTER AGREEMENT BETWEEN COUNTY OF LOS ANGELES AND OFFICE DEPOT FOR OFFICE AND STATIONERY SUPPLIES AND EQUIPMENT 1.0 1.1 1.2 PURPOSE This Office and Stationary Supplies and Equipment Master Agreement (hereafter "Master Agreement")is made and entered into by and between the County of Los Angeles (hereafter "COUNTY"), and Office Depot (hereafter 'VENDOR"). WHEREAS, COUNTY AND VENDOR agree that VENDOR will offer to provide COUNTY, COUNTY employees and others as more fully described herein with Office and Stationery Supplies and Equipment, hereafter sometimes referred to as the (Product/Equipment"). WHEREAS, VENDOR is in the business of selling and supplying Office and Stationery Supplies and Equipment, and WHEREAS, VENDOR is willing and able to offer, deliver, service and support the products/equipment it offers to, COUNTY departments/divisions, COUNTY offices/organizations, COUNTY employees, and any other entities as set forth herein (hereafter "Customer(s)"). This document, together with the exhibits identified in Paragraph 1.1 (Pdodty of Interpretation), defines the scope of this Agreement. Priority of Interpretation This document without exhibits is referred to as the "Base Agreement." The Base Agreement, Exhibit A, is attached to and forms a part of this Master Agreement. Exhibits B, and C, referenced below but not attached, are hereby incorporated herein by reference. Any reference throughout the Base Agreement and each of its exhibits to the "Master Agreement" shall, unless the context cleady denotes otherwise, denote the Base Agreement with all exhibits hereby incorporated. In the event of any conflict or inconsistency in the definition or interpretation of any word, responsibility, schedule, or the contents or description of any task, deliverable, service, or other work, or otherwise, between the Base Agreement and the exhibits, or between exhibits, such conflict or inconsistency shall be resolved by giving precedence first to the body of this Master Agreement, and then to the exhibits acCording to the following priority: 2. 3. 4. 5. 6. EXHIBIT A - PRICING AND DISCOUNTS FOR L.A. COUNTY ONLY EXHIBIT B - PRICING AND DISCOUNTS FOR U. S. COMMUNITIES (GPA) EXHIBIT C - VENDOR'S Proposal (not attached) EXHIBIT D - COUNTY'S Request for Proposals (RFP/not attached) EXHIBIT E - VOLUME AND ELECTRONIC COMMERCE DISCOUNTS EXHIBIT F - VENDOR'S EXCEPTIONS TO TERMS AND CONDITIONS Entire Master Agreement This Master Agreement incorporates and supersedes all previous agreements, written and oral, and all prior and contemporaneous communications between the parties, regarding this sUbject. COUNTY reserves the right to initiate change to any provision of 2.0 2.1 2.2 2.3 2.4 2.5 this Master. Agreement. All such changes shall be accomplished only by mutually signed Amendments, as provided under this Paragraph 1.2 No change hereto shall be valid unless in the form of a signed prepared and approved pursuant to Subparagreph 3,0 (Change N~tices ts). DEFINITIONS The following terms shall have the following meaning and use herein. Capitalized terms lis Paragraph 2.0 shal have the meaning in the exhibits. Day(s) "Day(s)" means calendar day(s) unless othenvise specified. Eligible Vendor "Eligible Vendor~ identifies a Vendor whose evidences of insurance, as required by Paragraph 7.0 (Indemnification and Insurance), have all been received by Purchasing and Central Services, as set forth in Section 26.0 (Notices), and are valid and in effect at the time of a given Work Order solicitation under this Master Agreement. Fiscal Year "Fiscal Year" means the twelve (12) month pedod beginning July 1~ and ending June 30th' Normal Working Hours "Normal Working. Hours" means one of the followiing work schedules, according to individuals COUNTY department policy, excluding COUNTY holidays: "5/40" which is normally eight (8) hours per day Monday through Friday ("Working Days'l, with starting and ending times departmentally established; Bo "9/80~, which is a flexibly arranged nine (9) hours on each of eight Working Days in a given two-week period, plus 8 hours arranged, per department policy, on the ninth Working Day; or "4/4(7', which is a flexibly arranged ten (10) hours on each of four fixed Working Days each week, with starting and ending times departmentally established. Master Agreement "Master Agreement' means COUNTY's standard agreement entitled "Office and Stationery Supplies and Equipment, Master Agreement,~' as specified in Paragraph 1.1, copies of which are separately executed between COUNTY and individual Qualified Vendors, and which sets forth the terms and conditions for the provision of Office and Stationery Supplies and Equipment, Master Agreement to COUNTY. COUNTY shall execute Master Agreements with as many vendors as COUNTY deems qualified and appropriate for COUNTY needs.'~ All Master Agreements shall be undertaken with terms of equal duration as set forth in Paragraph 5.0 (Terms of Agreement). Undertaking this 2 3.0 3.1 3.1.1 3.1.2 4.0 4.1 4.2 4.3 Master Agreement does not grant any tight to compensation to VENDOR, or to vendors in the aggregate, CHANGE NOTICES AND AMENDMENTS Master Agreement Changes: For any change which affects the pedod of performance, payments, or any term condition included in this Master Agreement, a negotiated Amendment to this Master Agreement shall be prepared and executed by COUNTY's Purchasing Agent, or designee and VEN DOR"s originally executing Authorized Officials, or designees. For any change which does not affect the, periOd of performance, payments, or any dghts (~r obligations of this Master Agreement, a Change Notice shall b~ prepared and executed by (~OUNTY's Purchasing Agent, or designee and VENDOR. WORK VENDOR shall fully complete and timely deliver, pursuant to standards, requirements, and schedules either presently incorporated in or to be developed hereunder, all tasks, deliverables, sub-deliverables, goods, services, and other work as set forth herein and elsewhere hereunder. Non-transferable Responsibilities No assumption or takeover of any of VENDOR's duties, responsibilities, or obligations, or performance of same byany entity other than VENDOR whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration, for any reason whatsoever, may occur without COUNTY's express prior written approval. If any such assumption, takeover, or unauthorized performance does occur without such prior written approval, this Agreement will become void for failure of its essential purpose. SuCh act is therefore a matedal breach of this Agreement, upon which COUNTY may ipursue any lawful remedy. Assignment and Subcontracting VENDOR shall not assign its dghts, delegate its duties or subcontract any performance of our Agreement. without the express prior written consent of COUNTY. Any assignment, delegation or subcontract without such express pdor written consent shall be null and void and shall constitute a material breach of this Agreement, upon which COUNTY may immediately terminate the Agreement in accordance with the provisions of paragraph 17.0 (TERMINATION BY DEFAULT). Time is of the Essence Time is of the Essence. If any anticipated or actual delays arise, VENDOR shall immediately so notify COUNTY. Regardless of notice if deliveries are not made at the time agreed upon, COUNTY may, at its sole discretion, terminate this Agreement and proceed pursuant to Paragraph 17.0 (TERMINATION BY DEFAULT). 3 5.0 5.1 5.2 5.2.1 5.2.2 6.0 6.1 6.1.1 6.1.2 6.2 6.2.1 6.2.2 TERM OF AGREEMENT Term This Master Agreement shall go into effect upon the date of its execution by COUNTY's Authorized Official, or designee, indicated on the signature page hereof and shall expire at .the close of COUNTY business on March 4, 2004, unless sooner terminated, in whole or in par't, as provided herein. Extension The COUNTY's Purchasing Agent (CI Amendments the Master set forth in Paragraph 3.0 COUNTY shall notify VENDOR of any deterrnination to extend this Ageeement no less than Thirty (30) days pdor to the beginning of this relevant option year, METHOD OF PURCHASE, INVOICING AND PAYMENTS Purchase Order(s) COUNTY shall purchase the items listed herein by issuance of a formal purchase order. Such purchase order shall contain the terms and conditions applicable for that purchase. Notwithstanding anything herein to the contrary. The purchase order, as specifically noted, shall govern and control the applicable purchase. Preprinted additional or different terms and conditions on the purchase order will be of no force or effect. VENDOR shall not deliver products and/or goods to COUNTY as loaner equipment or For trial unless and until a UNo Charge" purchase order and loan agreement is received by VENDOR from COUNTY's Purchasing and Central Services department. Prices Discounts and Changes Vendor agrees for the period of this Agreement that pdces for products covered herein Will be based on a Minimum Trade Discount from current published pdce list, Except for those identified in EXHIBIT "B" as Core Products. Price changes will be allowed only on a semi-annual basis on January 1'~ and July 1't of each contracting year. Vendor shall advise the Los Angeles County Purchasing Department in writing of any Proposed pdce increases or manufacturer's discount structure changes, identifying Agreement by number, providing a copy of the proposed price list and/or acceptable evidence of change, in manufacturers discount structure. VENDOR will be responsible for furnishing anci delivering approved Price lists to all County departments and other participating government entities. It also shall by VENDOR's responsibility to keep COUNTY and participating government entities informed of any other changes. Unless otherwise qualified, revisions shall be effective on the seventh (7) business day after such notification, and receipt thereof. Upward revisions shall be subject to acceptance by COUNTY. 6.2.3 If an increase in price is determined not to be acceptable by COUNTY, VENDOR will be obligated to f~rnish the ordered products at the previous price(s). 4 6.2.4 6.2.5 6.3 6.3.1 6.4 6.4.1 6.4.2 6.4.3 6.5 6.5.1 6.5.2 6.5.3 COUNTY reserves the dght to review~dis~unt :structure at the end of the initial Twelve (12) months of the proposed Agreement and amend same if such is in the best interest of the COUNTY. A primary conSideration will be the then current annual dollar volume as opposed to the original dollar estimate of the Agreement (including volume generated by all participating agencies). Notwithstanding anything herein to the contrary for thirty (30) days from date of delivery to Customer, should Customer find a lower price, offered in Southern California, for the same product, payment terms, quantity and delivery terms and conditions set forth in the applicable purchase order and this Agreement, VENDOR shall, upon presentation of authentic, (e.g., sales invoice, advertisement(s) proof of such, immediately refund the difference to Customer. This paragraph shall not apply to special and/or one-time offers, liquidation, sales and discounted product(s). Further, COUNTY contract VENDORS and non-authorized resellers 'where required b~ the manufacturers, are excluded. Warranty and Product Compliance All equipment provided to COUNTY must be new, unused, and be approved by either U.L., L.A. City Testing Lab, Factory Mutual Corp, or RTL testing labs. Further, equipment provided to COUNTY shall meet other such standards as the COUNTY may require. Invoices and Payment Terms In no event shall the COUNTY be liable for any late fees or charges. Invoices shall bear upon their face the Purchase Order number which appears in the upper right-hand corner hereof. Invoices must state that they cover, as the case may be, complete or partial delivery, and must show unit and unit prices. Invoices will not be paid unless and until the requirements have been fully met. When price shown is a delivered price, all transportation and delivery charges must be prepared in full to destination. Unless otherwise set forth on the applicable purchase order, payment terms are net thirty (30) days from receipt of a properly prepared and submitted invoice. Invoices shall only be issued after COUNTY's acceptance of the goods and/or products~ Discounts shall be set forthherein. Product/Equipment Pricing and Maintenance VENDOR will be solely responsible for the maintenance of the Agreement and will document all additions, deletion, manufacturers' discontinuance of products/equipment, and all associated variables including pricing revisions. Any changes, substitutions, additions, deletions and/or pricing revisions must be reviewed and approved by the COUNTY and VENDOR in wdting prior to any inclusion to the Agreement. COUNTY"s Deputy Purchasing Agent will notify VENDOR in wdting of formal approval within seven (7) days after VENDOR submittal of any change to the catalog. Said notification and approval shall be binding upon the COUNTY and VENDOR. Upon such approval the Agreement shall be deemed to be amended to include such Changes. All dOcumentation and formal approvals and revised copies of the effected Agreement page(s) reflecting current release revisions will be submitted to: 5 6.5.4 LA. COUNTY Purchasing and Central Services 1100 N. Eastern Avenue Los Angeles, CA 90063 Attn: Martha Gasca,: SR. D.P:A. COUNTY'S Purchasing Agent will notify VENDOR of acceptance of any and all catalog revisions pdor toany purchases. Notification shall be sent to: Office Depot 6.5.5 6.6 6.6.1 6.6.2 6.6.3. 7.0 7.1 of State & Local Government Catalog shall have complete descriptions of each item. INDEPENDENT CONTRACTOR STATUS This Master Agreement is by and between COUNTY and VENDOR and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between COUNTY and VENDOR, The employees and agents of one party are not the employees or agents of the other party for any purpose whatsoever. VENDOR understands and agrees that all persons performing work pursuant to this Master Agreement are, for purposes of worker's compensation liability, solely employees of VENDOR and not employees of COUNTY. VENDOR shall be solely liable and responsible for fumishing any and all workers' compensation benefits to any person as a result of any injuries adsing from or connected with any work performed by or on behalf of VENDOR hereunder. The employees and agents of each party, shall while on the premises of the other party, comply with all rules and regulations of the premises, including, but not limited to, secudty and requirements. INDEMNIFICATION AND INSURANCE Indemnification VENDOR agrees to indemnify, defend and hold harmless COUNTY, COUNTY Special Districts, and Participating Government entities and their elected and appointed officers, employees, and agents, from and against any and all liability and expense, including defense costs and legal fees, arising from or connected with claims and lawsuits connected with VENDOR's. operations, goods and/or commodities or services provided hereunder as well as for damage or wOrkers' compensation benefits relating to VENDOR's and its subcontractors operations and services, which result from bodily and/or personal injury, death, or property damage (including physical damage to VENDOR's and its subcontractors' property, or property in the care, custody, or control of VENDOR and/or its subcontractor(s). This indemnity shall include, but not be limited to claims for or by reason of any actual or alleged infringement of any United States patent or copyright or any actual or alleged trade secret disclosure. 6 7.2 Insurance ?.3 7.3.~ 7.3.2 7.3.3 7.3.4 7.3.5 Without limiting VENDOR's indemnificatio, n of COUNTY, and dudng the term of this Agreement, VENDOR shall provide and maintain at its own exl~ense the below- described programs of insurance. Such programs and evidence of insurance shall be satisfactory to COUNTY and shall be primary to and not contributing with any other insurance maintained by COUNTY. Certificates or other evidence of coverage shall be delivered to: L.A. County Internal Services Department Purchasing and Central Services 1100 N. Eastern Avenue Los Angeles, CA 90063 Attn: Martha Gasca, Sr. D.P.A. Pdor to Agreement notice by termination of insurance. Agreement, shall specifically identify this condition that COUNTY is to be given wdtten in advance of any modification or Liability Insurance Any and all insurance described below shall be endorsed namin,q 'the County of Los An.qeles as an additional insured, and shall include:- General liability i [surance wdtten on a commercial general liability form or on a comprehensive the hazards of premises/operations, products/corn broad form property damage, independent contractors injury with a combined single limit of not less than One Millior per occurrence. If wdtten with an annual aggregate limit, the policy limit shall be three times the above reqUired occurrence limit. If written on a claims made form, the VENDOR shall provide an extended two (2) year reporting period commencihg upon expiration or termination of this Agreement, Comprehensive auto liability insurance endorsed for all owned, non-owned and hired vehicles with a combined single limit of not less than Three HUndred Thousand Dollars ($300,00) per occurrence. A program of workers' compensation insurance in an amount and form to meet all applicable requirements of the California Labor Code including employer's liability with a limit no less than One Million Dollars ($1;000,000), covering all persons performing work on behalf of VENDOR and all riSks to such persons under this Agreement. Crime Coverage: Insurance in an amount not less than $1,000,000 covering against loss of money, securities, Or other property, referred to hereunder which may result from employee dishonesty, forgery, or alteration, theft, disappearance and destruction, computer fraud, bUrglary and robbery. Such insurance shall name COUNTY as loss payee. 7 7.4 Failure to Procure Insurance 8.0 Failure on the part of VENDOR to obtain and maintain all required insurance coverage is a matedaI breach upon which COUNTY may, in its: Sole disc~'etion, immediately suspend VENDOR s performance or terminate this Agreement. RECORDS, 'DOCUMENTS AND AUDITS VENDOR shall maintain accurate and complete financial records of its activities and operations r th generally accepted account ng principles. records relatin or its authorized :representative., excerpt, Agreement. All location An... diem, transcribe st to exa other ne, audit, to this and I be of four f such R a~a ;ide Los :opy or In the event that an audit i; by 3fVENDOR Agreement iVENDOR Auditor- provided make a 8.1 Failure on the part of constitute a material breach Agreement. s Paragraph 8.0 shall terminate or suspend this Publicity VENDOR shall not disclose any details in connection with this Agreement to any person or entity except as may be otherwise provided herein or required by law. However, in recognizing VENDOR' need to identify its services and related clients to sustain itself, COUNTY shall not inhibit VENDOR from publishing its role under this Agreement, with the following conditions: VENDOR shall develop all publicity material in a professional manner. During the term of this Agreement, VENDOR shall neither, authorize another to, nor publish or disseminate any commercial advertisements, press release, feature articles, or other materials using the name of COUNTY without the pdor written consent of COUNTY's Purchasing Agent, COUNTY shall not unreasonably withhold wdtten consent, and approval by COUNTY may be assumed in the event no adverse comments are received in wdting within two weeks after submittal of wdtten request for such consent. 8 9.0 10.0 11.0 12.0 13.0 VENDOR may, without the prior~wdtten consent of COUNTY, indicate in its proposals and sales materials that it has been awarded this Agreement with the County of Los Angeles, provided that the requirements of this Paragraph 8.0 shall apply. EMPLOYMENT .ELIGIBILITY VERIFICATION VENDOR warrants that it fully complies with all Federal statutes and regulations regarding the employment of aliens and others and that all its employees performing work un der this Master Agreement meet the citizenship or alien status requirements set forth in Federal statutes and regulations. VENDOR shall indemnify, defend, and hold harmless COUNTY. Its officers, partiCipating government agencies and employees from and against any empt .~r sanctior~s and any' other liability whi~.h may be assessed against VENDOR Or cOUNT~ in connection with any alleged violation of ar~y Federal Statutes or regUlations Pertaining to the eligibility for er~ploy~nent of any persons performing work he~'eunder. CAPTIONS AND PARAGRAPH HEADINGS Captions and paragraph headings used in this Master Agreement are for convenience only and are not a part of this Master Agreement and shall not be used in construing, this Master Agreement. WAIVER No waiver by either party of any breach of any provision of this Master Agreement shall constitute a waiver of any other breach or of such provision. Failure of either party to enforce at any time, or from time to time, any provision of this Master Agreement shall not be construed as a waiver thereof. The dghts and remedies set forth in this Paragraph 11.0 are non-exclusive and cumulative. GOVERNING LAW, JURISDICTION AND VENUE This Master Agreement shall be governed by, and construed in accordance with, the laws of the State of California. VENDOR agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Master Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles, Califomia. SEVERABILITY If any provision of this Master Agreement or the application thereof to any person or circumstances is held invalid, the remainder of this Master Agreement and the application of such provision to other persons or circumstances shall not be affected, unless the essential purposes of this Master Agreement shall be materially impaired thereby. 14.0 14.1 15.0 HIRING POUCIES Prohibition of Hiring VENDOR and COUNTY agree that, dudng the term of this Agreement and for a period of six months following its termination, neither party shall in any way indUce or persuade any employee of one party to become an employee or agent of the other party. No bar exists to any hiring.initiated through a public announcement. TERMINATION FOR GRATUITIES notices vie or awardin.( amending, or the making the right of VENDOR to found that offered or given by, or employee of COUNTYil with a ent with respect to the with to the pursue i;n the event of default 16.0 17.0 TERMINATION FOR INSOLVENCY COUNTY may terminate this Master Agreement forthwith in the event of the occurrence of any of the following: Insolvency of VENDOR. VENDOR shall be deemed to be insolvent if it has ceased to pay its debts for at least sixty days in the ordinary course of business, whether or not a petition has been filed under the Federal Bankruptcy Code and whether or not VENDOR is insolvent within the meaning of such laws. The filing of a voluntary or involuntary petition regarding VENDOR under the Federal Bankruptcy Code. The appointment of a Receiver or Trustee for VENDOR. The execution by VENDOR of a general assignment for the benefit of creditors. The dghts and remedies of COUNTY provided in this Paragraph 16.0 shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Master Agreement. TERMINATION FOR DEFAULT COUNTY may, by wdtten notice to VENDOR, terminate the whole or any part of this Master Agreement if, in the judgment of COUNTY's Purchasing Agent: A. VENDOR has materially breached this Master Agreement as elsewhere provided herein: or B. VENDOR fails to timely provide and/or satisfactorily perform any task, deliverable, service, or other work required under this Master Agreement hereunder; or C. VENDOR has assigned or delegated its duties or subcontracted any performance of this Agreement without prior wdtten consent by COUNTY as elsewhere provided. 10 18.0 19.0 20.0 VENDOR shall not be liable for any excess costs if its failure to perform under this Master Agreement, arises from force majeure, i.e., causes beyond the control and without the fault or negligence of VENDOR. If the failure to perform is caused by the default of a subcontractor, and if such default adses out of causes beyond the control of both VENDOR and subcontractor, and without the fault or negligence of either, VENDOR shall not be liable for any such excess costs for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit VENDOR to meet the requirements. As used in th s subparagraph the terms "sUbcontractor" and "Subcontractors" mean subcontractor(s) at any tier. If, after COUNTY has given notice of termination under the provisions of the Paragraph 17.0i it is determined by COUN~ that VENDOR was ~ot in defaUlt under these provisions, or that the default Was excusable under these provisions, the rights and ~bligati°ns of the parties Shall be the same as if the notice of termiriation had been issued pursuant to Paragraph 18.0 (Termination for Convenience). The dghts and remedies of COUNTY: provided in this Paragraph 17.0 are non-exclusive and cumulative. TERMINATION FOR CONVENIENCE This Master Agreement, may be terminated, when such action is deemed by COUNTY to be in its best intereSt. TerminatiOn shall be effected by delivery, to VENDOR of a notice of termination specifying theI extent to which performance of Agreement is terminated and the dat® upon which Such termination becomes effective, which shall be no leSs than ten (10) days after the notice is sent. After receipt of a notice of termination, VENDOR shall submit its termination claim and invoice to COUNTY in: the form and with any certifications as may be prescribed by COUNTY. Such claim and: invoice shalI be su~3mitted promptly, but not later than three months from the effective date of Upon failure of VENDOR to submit its termination claim allowed, COUNTY may determine on the basis of information amount if any, due to VENDOR in respect to the termination, and shall be final. When such determination is made, COUNTY shall amount so determined. VENDOR shall honor purChase ordain accepted on or before the effective date of termination. TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE VENDOR's stability was and/is a primary basis for entedng into and continuing with this Agreement, therefore, COUNTY may terminate this Agreement by thirty (30) days written notice should vendor fail to COntinue to do business in the ordinary course. COUN't'Y AUDIT SETTLEMENTS If, at any time during or after the term of this Master Agreement, representatives of .COUNTY conduct an audit of VENDOR regarding !he work performed under this Master ^greement, and if such audit finds tltat COUNTY s dollar liability for any such work is less than payments made by COUN~ to VENDOR, then the difference shall be either repaid by VENDOR to COUNTY by cash payment upon demand or, at the sole option of 11 21.0 COUNTY,. deducted from any amounts due to VENDOR from COUNTY. If such audit finds that COUNTY's dollar liability for such work is more than the payments made by COUNTY to VENDOR, then the difference shall.be paid. to VENDOR by COUNTY by cash payment, r CONFLICT OF INTEREST No any I emi to ~R or have officer or of 23.0 24.0 VENDOR shall comply With all to( persons 3rdinance now If to facts of all FORCE MAJEURE Neither party will be liable for delays in performance beyond reasonable control, including, but not limited to, fire, flood, acts of God, or restriction of civil or military authority MOST FAVORED PUBUC ENTITY VENDOR represents that the pdce charged to COUNTY in this Agreement do not exceed ' existing selling prices to other customers for the same or substantially similar items' Or serVices for c~mparable quantities under similar terms and conditions. If VENDOR'S pdces decline, or~ should VENDOR, at any time during the term of this Master Agreement, provide the same goods or services under similar quantity and delivery conditions to the State of CalifOrnia or any county, municipality or district of the State at pdces below those set forth in this Master Agreement, then such lower pdces shall be immediately extended to COUNTY. DAMAGE TO COUNTY FACILITIES, BUILDING OR GROUNDS VENDOR shall repair, or cause to be repaired, at its own cost, .any and all damage to COUNTY facilities, buildings, or grounds caused by VENDOR or employees, subcontractors or agents of VENDOR. Such repairs shall be made immediately after VENDOR has become aware of such damage, but in no event later than thirty days after the occurrence. If VENDOR fails to make timely repairs, COUNTY may make any necessary repairs. Ail costs incurred by COUNTY, as determined by COUNTY, as determined by COUNTY, for 12 25.0 25.1 26.0 such repairs shall be repaid y VENDOR by Cash payment upon demand or COUNTY may deduct such cost from any amounts due to VENDOR from COUNTY. RESTRICTION ON LOBBYING COUNTY Projects VENDORS, and each COUNTY lobbyist or COUNTY lobbying firm as defined in COUNTY Code Section 2.160.010 retained by VENDORS, sl~all fully comply with COUNTY's Lobbyist Ordinance, COUNTY Code Chapter 2 160. Failure on the part of VENDOR or any COUN~ lobbyist or COUNTY lobbying firm retained by VENDOR to fullY comPly witl~ COUNTY s Lobbyist Ordinance shall ~:on~titute a matedal breach of this Agreement, upon which COUNTY may immediately terminate or suspend this Agreement. NOTICES All notices or demands required or permitted to be given or made under this Agreement shall be in writing and shall be hand-delivered with signed receipt or mailed by first-class registered or certified mail, postage prepaid, addressed to the parties at the following addressee: If to COUNTY: Martha Gasca, Sr. D.P.A. Los Angeles County Internal Services Department Purchasing and Central Services 1100 N. Eastern Avenue Los Angeles, CA 90063 27.0 28.0 If to VENDOR: Office Depot Business Services Division 8870 Greenwood Place Savage, MD 20763 Attn: Kevin Juhring, Director of State & Local Government Addresses may be changed upon ten days prior written notice. AUTHORIZATION WARRANTY VENDOR represents and warrants that the person executing this Agreement for VENDOR is an authorized agent who has actual authority to bind VENDOR to each and every term, condition and obligation of this Agreement and that all requirements of VENDOR have been fulfilled to provide such actual authority. VARIATION OF TERMS The parties hereto agree that the terms and conditions contained herein shall prevail notwithstanding any variations on any acknowledgements; invoices or such other documents submitted by VENDOR. Any addendum hereto shall become binding upon the parties only after signature by authorized representatives of both parties. 13 29.0' CANCELLATION OF ORDERS 30.0 31.0 32.0 33.0 COUNTY may cancel any purchase order with ordered without incurring any can such cancellation at least ten (10) days prior to the scheduled delivery date specified in COUNTY's order. NON-EXCLUSIVITY usive and shall nc from or from ;~oods and/or es or sources. COUNTY makes no representation that Jt or any governmental entity will purchase any minimum quantities or dollar amounts. COMPLIANCE WITH APPLICABLE LAW VENDOR shall comply with all applicable Federal, State and local laws, rules, regulations, and ordinances, and all provisions required thereby to be included in this MaSter Agreement are; hereby incorporated herein by reference. VENDOR warrants that the products shipped may be used in a customary manner without violation of any law, Ordinance, rule or regulation of any government or administrative body. These laws, ordinances, rules or regulations include, but are not limited to, CAL/OSHA and County Code Title 27 and Ordinance No. 4388 (electrical approval) and are incorporated herein by reference. VENDOR shall indemnify and hold harmless COUNTY from and against any and all liability, damages, costs, and expenses, including, but not limited to, defense costs and attorneys' fees, arising from or related to any violation on the part of VENDOR, its employees, agents, or subcontractors of any such laws, rules, regulations, and ordinances. FAIR LABOR STANDARDS VENDOR shall comply with all applicable provisions of the Federal Fair Labor Standards Act (FLSA), and shall indemnify, defend, and hold harmless COUNTY, its officers, employees, and agents from any and ail. liability, including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law, including, but not limited to, FLSA, for work performed by VENDOR's employees for which COUNTY may be found jointly or solely liable. NONDISCRIMINATION AND AFFIRMATIVE ACTION VENDOR certifies and agrees that all persons employed by it, its affiliates, subsidiaries or holding companies are and will be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, or physical or mental handicap, in compliance with all applicable Federal and State anti-discrimination laws and regulations. VENDOR shall certify to, and comply with, the provisions of VENDOR'S EEO Certification. 14 VENDOR shall take affirmative action to ensLJi;e-that applicants are employed, and that employees are treated dudng employment, without regard to race, color, religion, ancestry, national origin, sex, age, or physical or mental handicap, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action shall include, but is not limited to: employment, ugrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay other forms of compensation, and selection for training, including apprenticeship. VENDOR certifies and agrees that it :will deal with its subcontractors, bidders or vendors without regar:d to or because of race, color, religion, ancestry, national odgin, sex, age, or physical or mental handicap. VENDOR certifies that it is in compliance with all federal, state, and local laws, including, but not limited to: B. C. D. E. Title VI. Civil Rights Act of 1964; Section 504, Rehabilitation Act of 1973; Age Discrimination Act of 1975; Title IX, Education Amendments of 1973, as applicable; and Title 43, Part 17, Code of Federal Regulations, Subparts A & B; And that VENDOR shall subject no person, on the grounds of race, creed, color, national odgin, political affiliation, marital status, sex, age, or handicap, to discrimination as to any privileges or uses granted by this Agreement or under any project, program or activity supported by this Agreement. VENDOR shall allow COUNTY representatives access to its employment records dudng regular business hours to vedfy compliance with the provisions of this Paragraph 33.0 when so requested by COUNTY. If COUNTY finds that any of the provisions of this Paragraph 33.0 have been violated, such violation shall constitute a material breach of this Agreement upon which COUNTY may terminate or suspend this Agreement. While COUNTY reserves the dght to determine independently that the anti-discrimination provisions of this Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment:Opportunity Commission that VENDOR has violated State or Federal anti-discrimination laws or regUlations shall conStitute a finding by COUNTY that VENDOR has violated the anti-discrimination provisions of this Agreement. The parties agree that in the event VENDOR violates the anti-discrimination provisions of this Agreement, COUNTY shall, at its option, be entitled to the sum of Five Hundred Dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in. lieu of terminating or suspending this Agreement. CONSUMPTION REP:ORTS/ITEM NUMBERS/RESTRICTED PURCHASES Each COUNTY department procurement office and participating agency is to be assigned a customer, number to be used in identifying each sale and proper billing address. VENDOR is required, to furnish to the Purchasing and Central Services Department monthly computer based usage reports of purchases separated by individual COUNTY departments, and/or delivery locations, and employee purchases, listing quantities of separate items purchased and total dollars expended. Usage reports 15 35.0 36.0 listing items in alphabetical order and descending dollar volume order must also be furnished. VENDOR must participating agencies departments or Computer generated requests 1 Services staff, shall cause a message requestor of such restriction. by :other than Central informing VENDOR shall provide the ability for unlimited amount of users to Order via on-line communication with the vendors computer system by COUNTY owned PC/CRT terminals and printers, or by FAX, telephone, direct mail or walk-in orders. VENDOR shall design an Input Screen/Order Form to be used on all orders (which may be supported by normal COUNTY Purchase Order Form). Cost of input form creation, programming, future changes or modifications, and maintenance shall be exclusively for VENDOR'S account. Mail purchase orders to: Office Depot 3366 East Willow Signal Hill, CA 90806 Attn: Sam Cistemino, Business Development Manager Telephone Number: (800) 420-7111 PARTICIPATING MUNICIPALITIES Pursuant to action by County's Board of Supervisors on February 10, 1998, COUNTY has designated California Statewide Communities Development Authority (authority) as the public agency to provide administrative services related to purchases by the other California governmental, entities (entity) under this Agreement. At COUNTY'S sole discretion and option, COUNTY may inform other entities that they may acquire items listed in this Agreement. Such acquisition(s) shall be at the prices stated herein, and shall be subject to VENDOR'S acceptance. In no event shall COUNTY be considered a dealer, remarketer, agent or other representative of VENDOR. VENDOR and COUNTY recognize that from time to time VENDOR'S reasonable assistance may facilitate and expedite a presentation by the COUNTY to any entity. Such assistance .shall be provided, at, no cost, by VENDOR upon the written request of the COUNTY. Entity purchase Orders may, as agreed by COUNTY, be submitted by the entity or by COUNTY. In either event, authority shall be entitled to an administrative fee (fee) of one percent (1%) of the purchase price; excluding taxes and shipping, for each entity purchase order. Payment of the fee shall be made quarterly by VENDOR to authority. For purposes of this Agreement, calendar year quarters shall be January 1 through Mar(~h 31; April 1 through June 30; July :1 through September 30; and October 1 through December 31. Fee payment shall be accompanied by a=written report (report) summarizing all pUrchases shipped and billed dUdng t~e applicable quarter r~ade by any entity under this Agreement. VENDOR shall have no claim or right to all 'or any portion of the fee. 16 Fee payment shall be made by wire to CSAC Finance Corporation as CSAC Finance Corporation WestAmerican Bank Capitol Office 300 Capitol Mall Sacramento, CA 95814 ABA#121140218 Account #0527-377915 VENDOR shall confirm the date and amount of wire via fax to (510) 933-8457. Report shall be submitted to: California Statewide Communities Development Authority 1100 K Street, Suite 101 Sacramento, CA 95814 Attn: Secretary With copies to: California Communities 2175 N. California Blvd., Suite 550 Walnut Creek, CA 94596 County of Los Angeles lSD/PCS 1100 N. Eastern Ave., Room 102 Los Angeles, CA 90063 Attn: Manager Purchases by County Departments under this Agreement shall not be included in either the fee or the report. Reports and fees shall be submitted to authority no later that thirty (30) days after the end of the applicable quarter. Reports shall, at a minimum, provide total entity purchases for the applicable quarter and year-to-date, sorted by participating entity, with a grand total of all entity purchases. Failure to provide fees and and/or reports in the manner shall be regarded as a matedal breach of this Agreement and shall be deemed a cause for termination of this Agreement at COUNTY'S sole discretion. Fees not paid by the specified deadline shall bear interest at the rate of 1%% per month until paid. Authority, or its designee may, at authodty's sole discretion, compare records provided by entities with reports submitted by vendor. Authority will provide written notification to the VENDOR of discrepancies, and allow VENDOR thirty (30) days from the date of Authority's notification to resolve the discrepance (ies) to authodty's satisfaction. In the event that VENDOR does not resolve the discrepancy to Authodty's satisfaction, Authority reserves the right to engage outside to conduct an independent audit of VENDOR'S reports, and VENDOR shall reimburse Authority for the costs and expenses rated to such audit(s). 17 VENDOR Authorizes COUNTY'S use of VENDOR'S name, trademarks and VENDOR provided materials in COUNTY'S presentations and promotions regarding the availability of use for this Agreement. COUNTY will not be liable or responsible for any obligations, inclUding, but not limited to payment, for any item ordered by entities. VENDOR'S Retailer's Permit ~SRZ AB16655747 18 AUTHORIZATION OF MASTER AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND OFFtGE D~POT FOR OFFICE AJND ~TATtONERY SUPPLIES AND EQUIPMENT COUNTY OF LOS ANGELES EXHIBIT A PRICING, DISCOUNTS AND EXCLUSIONS FOR LOS ANGELES COUNTY ONLY All in-stock items shown in the Office Depot Business Services Division Office Products (BSD) and Frequently Ordered PrOducts (MFOI) Catalog shall be pdced at the following discounts from the ManufactUr'er's list Pdc~ or at the net prices referenced in Attachments A (Core Products). Items pdced at a discount from manufacturer's list price include a 15% minimum gross profit perCentage floor. ITEM CATEGORY: General Office and Stationery Supplies Electronic Equipment Core Products (Attachment A) BSD- % DISC MFOI - % DISC 45% 63% 45% 63% Fixed Pdces as Indicated ,,,EXCLUSIONS: Computer, Fax and Copy Paper Computers and peripherals Cameras, Film and Accessories Copiers Janitorial Equipment Food Items Refrigerators Audio Visual Equipment Purchase and Rental of Furniture and Equipment 20 ,EXHIBIT B PRICING AND DISCOUNTS FOR U. S. COMMUMITIES GOVERNMENT PURCHASING ALLIANCE (GPA) All in-stock items shown in the Office Depot BuSiness Services Division Office Products (BSD) and Frequently Ordered Products (MFOI) Catalog shall be pdced at the following cost plus pdcing or discounts from the Manufacturer's list pdce, or at the net prices as referenced in Attachments A (Core Products), B . Items pdced at a discount from manufacturer's list price include a 15% minimum gross profit percentage floor. ITEM CATEGORY: General Office and Stationery Supplies Electronic Equipment School Supplies Computer Equipment and Supplies Furniture BSD - % DISC MFOI - % DISC 45% 63% 45% 63% 45% 63% 45% 63% 45% 63% Core List Exact (Attachment B) Core List Alternate (Attachment B-l) School Core Items (Attachment B-2) Core Paper Items (Attachment B-PPR) Recycled Core (Attachment B-3) MWDVE Core (Attachment B-4) Fixed Prices as Indicated Fixed Pdces as Indicated Fixed Prices as Indicated Fixed Prices as Indicated Fixed Prices as Indicated Fixed Prices as Indicated MWDVE-APD Tier One Core (Attachment B-5) ....... Fixed Prices as Indicated 21 EXHIBIT C VENDOR'S PROPOSAL (VENDOR's proposal is not attached hereto.) (The: Vendor's proposal is incorporated herein.) EXHIBIT D COUNTY'S REQUEST FOR PROPOSAI__~ {RFP) (County's Request for Proposal is not attached hereto.) (The County's Request for Proposal is incorporated herein.) 23 EXHIBIT E VOLUME AND I=LI~CTRONIC COMMERCE DISCOUNT,~, Volume and electronic commerce discounts will be issued to the individual departments in the form of a nt.: The: amount of the discount each c represent of the purchases Discounts will I annually, year. VOLUME DISCOUNTS Purchases exceeding $500,000.00 = 0.5% of total sales volume Purchases exceeding $1,000.000.00 = 1.0% of total sales volume Purchases exceeding $2,000,000.00 = 1.5% of total sales volume ELECTRONIC COMMERCE DISCOUNTS E-Commerce order transactions of at least 40% = 0.5% of total sales volume E-Commerce order transactions of at least 80% = 1.0% of total sales volume 24 EXHIBIT F VENDOR'S EXCEPTION S TO TERMS AND CONDITIONS (See "Office Depot Section 6 Exceptions" attached) 25 6.Q,i Section 6 Exceptions LOS A~ge~e~, ff~ g~63 A~n: Ma~ha G~ca C. V~Oor Office ~pc>t Business Services L'~iv~on 3366 Ea~ ~flow S~t. A~n: Steve F~cer Witl~ a cody to: Ofl~ce L'~emot, :nc. 2200 O~ Ge~mantown gelrey 'J~eChr FL 33445 6.0.2 .The fotlowmg Addendum, to the Sample t4aster ¢'~greement ~s re'commenaed by Office Depot ADOEI~tOU l~i TO IaURCHAS/T~G AND CENTRAL SERVICES MASTER, AGR.EEI~ENT l-his-AdGenOum to the Purc'nasmg and Cerr~r~! Services Agreement [hermna~er ~he 'Agre~ent"} enter~ into by aha ~ C0UnW of ~s Anget~ [~rem~Rer ~Counr/~ a~ ~ce Depot, Inc., a Del~a~ ce~o~:~n (~re~n~er 'V'endo~ wht~ ~ ~y fonher ~r~ as follows: 8ectto~ 6.2.3 - Add to the ef~J of ~e ser~nce tt~ phr~ 'c~D/during the ~'nA~J Term c~ this AgreemenL" ,~etl~ 6.2.4 -. ~n ~he ~irst s~nt, ence, add ~e phrase "propose ~,¢r' helots ~ ~ 'ameer:' s~,~t~n &:~4 - A~ a~r ~ fir~ ~en~e. '~ch ~en~a~t must ~ ~t~n 5.4.3 - A~ ~ t~ ~d of the fimt se~ten~ me p~rase '~h~c,[: ...... ~s ~ ~Ot F ~ Se~ ¢~sed from im~iatety e~e~d to ~ .- ~,,~:; CO~{, County of Los Angeles: .% ITEM 8 CCITY OF BOYNTON BEACH f ..... ;:F ENDA ITEM REQUEST VI.-CONSENT AGENDA B.3. 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 Tumed in to City Clerk's Office [] July 17, 2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) [] August 7, 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 [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to extend the "ANNUAL CONTRACT FOR DRY CLEANING OF POLICE UNIFORMS" Bid#098-2110-00/CJD, to Green Tree Dry Cleaners of Boynton Beach for an additional one (1) year period, for an estimated expenditure of $14~000.00. (New Bid #007-2110-02/CJD) CONTRACT RENEWAL PERIOD: NOVEMBER 28, 2001 TO NOVEMBER 27, 2002 EXPLANATION: At the Commission meeting of October 17, 2000, this bid was awarded to Green Tree Dry Cleaners for a one (1) year period. This bid will expire on November 28, 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 all parties agree (see attached letters from vendors). Michael Munro, Bureau of Support Services Administrator, Police Department concurs with this recommendation (see attached memo). PROGRAM IMPACT: The purpose of this bid is to establish a one (1) year contract with a qualified commercial Dry Cleaner for Police Uniforms for dry cleaning, minor repairs and alterations of Police Uniforms on a weekly basis for 140 uniformed police officers per their contract. FISCAL IMPACT: 001-2110-521-49-17 D~puty'Director of Financial services ACCOUNT NUMBER ESTIMATED ANNUAL EXPENDITURE: City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:\BULLETIN~ORMSX&GENDA ITEM REQUEST FORM.DOC C: Michael Munro - Police Department File NAME OF BID: "ANNUAL CONTRACT FOR DRY CLEANING OF pOLICE UNIFORMS" BID#: 098-2111-00/CJD Agreement between the City of Boynton Beach, Owner; and GREEN TREE DRY CLEANERS (Company's Name) $EP ~0 PURCHASING, D £P"r.. Contract Extension Period: NO~EMBER 28, 2001 TO NOVEMBER 27, 2002 Yes, I agree to renew the existing contract under the same Terms and Conditions. In addition, I agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to renew the contract at this time. NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE (please print) c). tn- DATE TITLE (AREA CODE) + TELEPHONE NUMBER CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Bill Atkins FROM: Michael L. Munro DATE: SUBJECT: REFERENCES: ENCLOSURES: Sept. 26, 2001 Police Dry Cleaning FILE: Please place on the next Commission Agenda to extend the dry cleaning contract for one (1) year for Greentree Dry Cleaners. Funding has been provided in 2001/2002 budget in account 001-2110-521-49-17 in the amount of $14,000.00. A requisition has been entered ( # 17449 ) into the system. RECEIVED SEP 27 ~0~ Requested City Commission Meeting Dates [] July 17,2001 ] August 7,200l [] August 21, 2001 [] September 4, 2001 CITY OF BOYNTON BEACH ¥i.-CONSENT AGENDA ITEIq 13.4 AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit,t Clerk's Office July 5, 2001 (5:00 p.m.) July I8, 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 tn to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.n~) October 3,200t (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to award a contract to ConVault Florida in the amount of $22,083.82 for a new pesticide storage building and above ground (A/G) fuel tanks and a contract to Branching Out, Inc. in the amount of $24,903.13 for the design, permitting and installation of the new equipment and materials and to establish a total project budget appropriation of $51,685.95. EXPLANATION: The Department of Engineering (DOE) received a request for services in July 26, 2001 from The Links to :investigate a technical solution for the existing under ground CO/G) fuel tanks due to compliance violations noted by the Department of Environmental Resource Management (DERM)~ After a detailed DOE investigation, it was recommended to remove the existing U/G fuel tanks and replace them with above ground (A/G) fuel storage tanks, complete with fuel dispensers and other necessary appurtenances. At the same time, while this work is being undertaken, The Links wants to replace an existing storage shed that has been used for the storage of pesticides. PROGRAM IMPACT: Branching Out, Inc. has received excellent recommendations from a variety of clients including FP&L. ConVault ts a well-reputed supplier of both fuel storage tanks (A/G and U/G) and Haz-Mat type buildings. Branching Out, Inc. has worked together with Convault on numerous occasions and will coordinate all shipping and offioading to insure a fully integrated result. SSBULLET1NkFORMSkAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH FISCAL IMPACT: The combination of the two purchase orders is for $46,986.95, which compares very favorably to a previous quote from a fuel system contractor who had provided a turnkey proposal in excess of $70,000. The inclusion of a contingency allowance of 10% ($4,699.00) will cover the project for any unforeseen site conditions that may develop. We believe that the total package price, including the contingency, of $51,685.95 is an excellent price and will prOvide The Links ~vith v~orld class rePlacements. Funding for this work will come from The Links Renewal & Replacement account (411-5000-590.95- 42). ConVault Florida will provide the above ground fuel storage tanks (and materials) in accordance with their State Negotiated Agreements Price Schedule (SNAPS). However, the Pesticide Storage building is NOT covered in their SNAPS program. CSD has obtained 3 pricing quotes for the supply of the Pesticide Storage building and had judged the ConVault (Non-SNAPS) price to be the best and lowest price. Branching Out, Inc. will supply their services in accordance with their State Negotiated Agreements Price Schedule (SNAPS). ALTERNATIVES: There are two alternatives. The first would be to do nothing. The second would be to upgrade the existing under ground fuel storage tanks as well as the monitoring wells and the cathodic protection of the tanks, pipelines and fuel dispenser system. This second alternative would be a short term solution in that the current DERM requirements is that all under ground steel fuel storage tanks must be removed or replaced (with new double-wall fiberglass tanks) by 2009. The DOE Construction Services Division will provide all requisite technical supervision and oversight to assure compliance to all terms and conditions. ENGINEERING Department Name City Attorney / Finance / ~nan Resources Xc: Joe Sciortino, Golf Course Director SAEngineering\CSD\The LinksXAgenda Item - The Links, Contract to Convault Florida & Branching Out, Inc S 5BULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC TO: FROM: DATE: DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-185 Dale Sugerman, Assistant City Manager Paul Fleming, Senior Project Manage~ September 25, 2001 SUBJECT: LINKS FUEL SYSTEM AND PESTICIDES STORAGE BUILDING REPLACEMENT Based upon a Request for Services dated July 26, 2001 from The Links for the subject items, the Construction Services Division of the Department of Engineering has prepared the following plan to effect the correction of the underground fuel system storage tanks and the replacement of the pesticide storage building. Scope of Services: The Contractor is to provide ConVault D500 above ground storage fuel tanks, complete with fuel dispensers, including slab and freight; provide new pesticide storage building, complete, including freight; provide all installation materials, labor, machinery, and equipment including necessary electrical connections, removal of existing underground fuel storage tanks, backfill and concrete; provide all engineering and disposal of existing underground fuel storage tanks and pesticide storage building with storage tank closure assessment report and Department of Environmental Resources Management (DEP, M). Plan for Completion: Procurement The City will issue two Purchase Orders. The first PO is for the supply of equipment and materials. This PO will be issued to ConVault Florida to furnish the ConVault D500 above ground fuel storage tanks and all related accessories/equipment and the pesticide storage building. ConVault Florida will provide the above ground fuel storage tanks (and materials) in accordance with their State Negotiated Agreements Price Schedule (Snaps). However, the pesticide storage building is NOT covered in their SNAPS program. CSD has obtained 3 pricing quotes for the supply of the pesticide storage building and had judged the ConVault (Non-Snaps) price to be the best and lowest price. Construction/Installation A second Purchase Order will be issued to Branching Out, Inc. to provide all engineering, permitting, restoration and labor, for the removal and the "permitted" closure of the existing underground fuel storage tanks and the existing pesticide storage building. Branching Out will coordinate the shipment, arrival, and offioading of all material and provide all installation services. Branching Out, Inc. will supply their services in accordance with their State Negotiated Agreements Price Schedule (Snaps). Engineering Department Memorandum.No. 01-185 Re: The Links Fuel System & Pesticides Building Replacement September 25, 2001 Page Two Vendor Information and Pricing: ConVault Florida Branching Out, Inc. SUB TOTAL Construction Contingency (10%) TOTAL FUNDING $22,083.82 $24,903.13 $46,986.95 $ 4,699.00 $51,685.95 Justification for these Purchase Orders: Recently, The Links was cited by DERM for cathodic piping violations, no dispenser liners and unsuitable monitoring wells. After an engineering review of the DERM report and in consultation with The Links it was determined that the optimal solution was removal and replacement with above ground storage tanks. The Links underground fuel storage tanks were installed in 1984 and upgraded in 1992. The Links uses these underground fuel storage tanks to re-fuel their maintenance equipment. The existing pesticide storage building has seriously deteriorated and is no longer suitable for the storage of pesticides. Schedule: The material can be supplied within 6 to 8 weeks after receiving a Purchase Order and the installation can be accomplished within 25 calendar days after off-loading at the site. If you have any questions please contact Clem Bucher, Contract Administrator, at ext. 6491. PMF/ck Attachments Xc: Bill DeBeck Joe Sciortino John Yurch Clem Bucher J:\SHRDATA~Engineering\CSDXLinks Fuel System & Pesticides Storage Building Replacement - RFS.doc: RECEIVED /~UG 0 8 ?~01 BY: ~ - To: Joe Sciortino, Golf Director From: Scott Wahlin ~<~,,.r~ CC: Paul Fleming John Yurch Date: August 7, 2001 Re: Upgrading Existing UST's I spoke with Patdck Wille (Palm Beach County. BERM).regarding upgrading our UST's. He said that our tanks are cathodically protected_steel which are fine_until 2009 provided they pass annual testing. In addition, he said we would need to meet the following cdteda: 1. Certify that the piping is also cathodically protected or replace it. 2. Install dispenser liners. 3, Prove site suitabilityafIhe monitoring wells~(that~ey_could detecia-leak within 30 days/either by: A. Providing blueprints showing thatthe~n meet~ent- construction standards and that the wells were installed in the back fill of the excavation, OR B. Have the wells certified by a licensed geologist. Patrick recommends looking at the.piping issue first. He .said if this piping~needs to be replaced, we should pull the tanks since concrete would have to be cut.and considerable excavation done anyway. 09/17/01 19:23 CONVAULT FLORIDA, Oklcastle Precast? '". i dba CONVAULT FLORIDA WiLd ood, '/ 352~748-6462 352-748-6820 /The Links at Boynton Bch ~Mr. ~=~ul !~.. Flc..-.ing- INC. (352) 748-6~2O F. uui www. oldcastteprecasLcom CO~T~RACTAND PROPOSAL Quote No: 0000584 P.O.Box 0310 Boyton Bch, FL 334250310 Job Title: The Links at Boy, ton Bch FL 34785 Date: 09/12/01 Bid Date: Location: Boyton Beach, FL. Page: 1 OF 1 Attention: 561742~A~9~ Number Qty U/M Description Price Extension 890100 1 EACH Hazardous Material Storage 7678.80 7,678.80 Buildin9 w/ storage capacity. for twenty [20] 55 Gal. drums. Skylight, loading ramp, sump- liner for Model 12-20; 8' long X 16" deep modular shelving for end wall. NOT included but available are: 20lb BC fire -' extinguisherw/ mounting cabinet and 6 gallon eye wash for OSHA compliance. 940000 1 EACH:Delivery - Haz/Mat Storage 1900.00 1,900.00 Building. Quote Total: 9,578.80 FOB Jobsite Freight: other Ship Date: Non-Taxable Terms: Net 30 Days Subject to Credit Approval/Bond IM~ORTA/~T: This quotation is based on ~e conditions outlined on the reverse aide. ~ems an~ guantities shown.are the basis £OE this quotation and we are not responsible flor any discrepancies between ~iS list and actual Ite~or~nti=ies. 01 By: Dan Rockefeller 09/16/01 23:25 CONVAULT FLORIDA, 0Ok I castle Precast,* Inc. INC · (352) 74~-b~gU F. UUZ www. otdcasfleprecast, com dba CONVAULT FLORIDA Wildwood, 352-748-6462 352-748-6820 The Links at Boynton Bch P.O.BOX 0310 Boyton Bch, FL 334250310 Job Title: The Links at Boynton Bch FL 34785 CONTRACT AND PROPOSA~ Quote No: 0000550 Date: 09/14/01 Bid Date: Location: Boynton Beach, FL. Page: 1 OF 1 Attention: 5617426543FAX7426285 Item Unit Number .Qty U/M Description Price Extensior 220502 1 EA CVTD5002SF 20YR W/Osp # [ 7420.50 7,420.5C 450208 t PKG Diesel Acc Pkg Guill Ready 500 411.40 411.4C 401106 1 PKG Basic Gas Pkg Thru 500 GuillR 411.40 411.4C 401020 1 PKG 10 GPM Diesel Pump Pkg 1075.57 1,075.57 401025 1 PKG 10 GPM Gas Pump Pkg 1118.07 !,118.07 802920 2 EA B1394 3/4" Id Hose !6.15 32.3¢ 401420 2 PKG 3/4" HSe Swivel With Breakaway 104.81 209,62 805216 2 PKG IRetractor Kit 216.03 432.06 -'91000 1 EA ~Precast Slab CVT1000 (D500) 719.10 719.tf .00200 1 EA Freight Only - No Off-loading 675.00 675.0¢ 000002 State Negotiated Agreement Price Schedule [S.N.A.P.S.] pricing has been used in working this quote. Our State number is: 83022741. Quote Total: 12,505.02 Cci FOB Jobsite Ship Date: Terms: Net 30 Days Subject to Credit Freight: Freedom Non-Taxable Approval/Bond IMPORTANT: ~hiS q~otation is based on the conditions ou=lined on the reverse side. Items and qua~:ities shown are the bas~s for this quotatio~ and we are not responsible for ~ny discrepancies between this list and actual items cr quantities. '~"' Quotation rs Valid FOr 30 Days 8EP 17 CONSTRUCTION SERVICE~ DIVISION {Date] 01 By: Dan Rockefeller City of Boynton Beach Department of Engineering Construction Services Division Inter Departmental Correspondence To: Paul M. Fleming From: John J. Yurch(~'~ Date: September 17, 2001 Re: Branching Out, Inc. References CC: Bucher, Clem Contact was made with three Clients' that Branching Out, Inc. has conducted business with and the following recommendations were made: Firm FP&L, Turkey Point, Homestead, FL Bob Burtelson Comments Very professional, very outstanding work, highly recommended, use them all the time. Westwind Contracting Ft. Lauderdale, FL John Henszy Very good job, quality work and right on time schedule, very good rating. Gulf Plumbing Miami, FL Lucio Rivero Very good job, owner even comes by to check on the job. m-4_ -dzm_D~ ~>~_ ~6>~c~O> OzO~ : o;:u -0 - ~:,Nmm 0 ~ ~ ~ 0 o 6") ~ {,3...4 m~mm < m ~ ¢---. z ~i ~'o, >> oo, :_.i.~_ ~ -4 0 ;u :;u ~ 0 m m ~: 6'3 0::I::;- m m ~ ×-, m '"r"'4~'~ ...-4 <: .~ --.4 > m mm m; I '¢,. ~ ~', z ',~ ~ m ~--,' .t- o O~ 0 ~ ~ ~ ~ I 0 0 ~'m~ ~.=.m 0~/24/0]. FRI 13:].6 FA~[ 8139720955 Y~TRO-CHJ~,~ 2~ ~mpeter ~tr~t ' De~ Plainer, Illi~is ~. Phone (~) 727-2~7 W~82g 32 of Bo~ ~ach Fax: (~1) ~2-7402 E~il: ~d Usec ~m: Lo~l FL Regi i CONSTRUCTION SERVICES DIVISION John Rouse BILL OF MATERIAL HAZ-VAULT HAZARDOUS MATERIAL STORAGE LOC KER 21 55-GAI. LON DRUM STORAGE LOCKER FM APPROVED MODEL LK0816 A freestanding relocatable 8'L x 16'W x 9'H chemical storage and containment ~ructum. The structure includes the 'following components for storage of flammable or combustible liquids and other hazardous materials. STANDARD FEATURES: · Nor~-combu~ble walls con~i~ng of 12 gauge steel sheathing with 16 {;auge formed steel studs. Non-combuMible roof structure consisting of 12 gauge steel deck with ~ 6 gauge formed steel joists. 1-1/8" thick-coated plywood APA rated dru.m, platform in remavable sections for easy access to the spill containment sump. Black enamel painted 6 wide steel grating mount across front wall. A generously ti-zed 400-gallon capacity sump surpasses regulatory ami Factory Mutual requirements for spill containment. One (1) 6O'"l/I/x 80"1-1, 3 ham fire rated steel doubt~ door, UL Classifi[,d. with one (1) door hold open device. Aative door leaf ('tN x 8~'H) is equipped with an exterior UL Li:sted security keyed lock, and I~asdve door (24'IN x 80'H) has.a dead bolt for top and bottom of door One (1) explosiori proof mechanical venlflatm', 350 CFM, equipped wi'th protective screen and weather hood. The ve~t openings are arranged t~ provide air movement and I~*event accumulation of hazardous vapom. intm'ior surfaces protected with a white chemical resistant epoxy coate,d finish. Exterior sllrrace$ §hashed in a white sat~n finish urethane coating for hgh impaCt, corrosion and abrasion resistance. Slatl~ ~roundMg and l~ir~ angles ~ pr~e~on of ~e ~rH~ h~a~. ~M (8) f~ grounding rod ~ m~e shi~ Io~ for ~ch~r ina~flatiofl. ~ b~E~ ~T 'Flamma~~ Pla~, NFPA 7~ r~ Ng~). Four (4) i~h ~r ~r ~ff a~or crone srm~ and u~er sump In.ions. F~r [4) h~ d~ a~s for ~1~ to ~mh~¢s four.on for .r~mic and ~ I~d anchod~. 05/24/01 FRI 13:17 FA/ 8139720955 PETRO-GHE~ ~ uu~ City of Boyton Beach Quote t~R/1829 Page 2 One (1) exploMon proof interior light, UL Listed, Cla~ !, Div. 1, Grou;~ D, 150W bulb, with a UL Uated expica~on proof light switch. One (1) Interior explodon proof receptacle. One (1) eye/face wash station (portable). one (1) non-aidd steel :leading ramp, (51-1F2'W x 71q.), safety yellow. Twenty (24)lineal feet of steel shelving, 18' :deep. Three (3) tter~ located on back Wall. TOTAL NET LOCKER CO~T: $15,a95.B~ : NOTE: to Boyton Beach, FL add: $1,800.00 FREIGHT: DELIVERY: TERMS: DEPOSIT: SALES TAX: Avail prints aplxoved Net 30 days 2S% down payment due upon receipt of invoice; Remit to: Department Number 173901 Her-Stet P.O. Box 67000 Detroit, Mt 48267-1 ?39 Customer Is responsible for ail applicable sales or use taxes; the~ tax es are not included in the price quoted. Applicable sales or use taxes ahotJld be added to the PUrchase order. If tax exempt, plerase sUpply a copy cd your Tax Exempt Certificate with your purc~asa order. Hazardous Material Storage Building Page 1 of 1 scatalog.com Hazard ou Designed exclusively for hazardous materials and waste storage, this unit provides bott spill containment. Constructed from 12& 14 gauge steel, this bUilding can hold up to fo drums Comes complete with new rollup door grounding connection seiSmic tie d,,o, wns ncorporated vents that allOw for a minimum ;of ~ air exchanges each hour. 10'6"x6 6"xC~ sizes and configUrations available. Call: for details. Complies with: Factory Mutual, Uniform Fire Code, Uniform Building Code, BOCA, OSF 13/17/30, Underwriters Laboratories. 2800lbs. #7600 $7,49S.O0 tel (800) 909-3677 fax (888) 234-3677 e-mail fossenv~,fossenv.con Foss Environmental PO Box 80327 Seattle, Washington 98108 US/ Site Copyright © '1998-21300 Foss Environmental http ://store.yahoo.com/fossenv-produCtguide/storbuil.html 9/24/2001 B-253 8/29/0 QUOTA~ON & CO--ACT for in~a~ or G~SQOW E~IPME~ S~C~ INC. P.O, ~x 1~7 Ph~ (~1) ~2-~ * F~ (~1) ~2-7~ c~ OF ~ ~EA~ DE~, ~ ~G~ ~: ~ACE ~L SYS~ EAST ~N B~CH ~EV~ ~ L~ AT BO~N B~CH ~ON B~ ~A 3~25~310 · A~.: ~ PA~ ~, S~ ~O~ ~NAOER ~ ~ Y~ ~. ~ S~T ~ ~iO~ ~TA~: ~W ~T S~D, PER ~ ~ ~ELOW: - ~A~T T~ ~~ CO~AR~, ~, W/~IG~ S 11,~.~ /~-MAT S~, C~, W/~lO~ : S ~I IL75 ~L ~N~+ T~ M~D, C~, W/~EIG~ $ 1,691.65 S~C~~ ~C., BA~ ~~, ~GE T~ CL~ ~SESS~ ~RT TO G~ C~IT]~S $ 3,~2.76 L~ $14,1 ~0.~ ~T TO ~ BID P~ ........................................................................... ; ................. : $ ~l 7.93 CLO~URE ASSESSMENT REPORT BY LICENSED , AND PAYI~ENT/I~ERFO~CE BOND AT HAZ-MAT SHED ONLY WIRINO FROM NBW TANK TO TIE-IN POINT IN BUH.DINO. NO UPGRADES , ETC.) IS INCLUDED CONDITIONS OR UNDERGROUND OBSTRUCTIONS -NO WATER- PRICE RASED ON A CLEAN SITE NO REPAIRS OF EXISTING EQUI~ INCLUDED I(NCLUDED, NO -WORK SUBJECT TO REGULATORY APPROVAL PAYMENT TERMS: BALANCE DUE AT JOB COMPLETION, NET 10 DAYS FROM INVOICE DATE THANK YOU PAUL FOR CALLING GLASGOW! PLEASE CALL WITH ANY QUESTIONS YOU MAY HAVE. / AUG 3 1 200! CONSTRUCTION SERVICES DIVISION NG OUT INC. ENVIRONMENTAL ENGINEERING/CON.. 23300 S.W. 134 AVENUE 33032 TELEPHO~ FROM FAX NUMBER COMPANY TOTAL PAG COMMENTS SEP 1 4 ZIOI CONSTRUCTION SERVICE~ DIVISION [-d ~[B~BSES0C ou[ 3no ~u[q~ueJq d~D:80 [0 DI des 23300 S.W. 134 Avenue Miami, Florida 33032 Branching Out. Inc. ENVIRONMENTAL ENGINEERING / CONSTRUCTION Ph: (305) 258-8 ! 01 Fax: (305) 258-3812 Septe~foer 14, 2001 Mr. P.M. Fleming City of Boynton Beach Department of Engineering City Hall, West Wing 100 E. Boynton Beach Blvd. Bovnton Beach, Florida 33425 State Negotiated Agreement Price Schedule (SNAPS II # 9912501- 1) Proposal for Environmental Engineering and Construction Services To Install Above Ground Fueling System, Remove Undergrov!nd Fuel Tanks, Demolish Existing .Haz-Mat Building and Install New ConVault Haz-Mat Building all for the Links Country Club, City of Boynton Beach, Florida (Client). Dear Mr. Fleming: In accordance with your request, this proposal for professional environmental engineering and construction services is submitted for your consideration and approval. I PURPOSE OF AGREEMENT / PROJECT DESCRIPTION Branching Out, Inc. (Contractor) Shall Coordinate Ail Material Deliveries and Instal1 ConVault Fuel Tanks, Remove Underground Fuel Tanks, Demolish Existing BJ~Z-~_AT Building and Install New HAZ-M3~T Building all for the Links Country Club, City of Boynton Beach (Client). Task !: Purchase and Install Fuel Oil Tanks Contractor Shall: _. Provide and submit engineering, design and drawings. Ail drawlnqs will be signed and sealed. Use best efforts to obtain permits as required. As per SNAPS L~~p Sum Price ........................... $2450.00 E'~ ~[8~8S~S0~ ou~ ~no ~u~4ouedq ~:~0 IO ~I City of Boynton Beach Page -2- 2. Coordinate and Install pre-cast ConVault concrete slab (for CVTD500) as required. As per Snaps: Street Saw I day ....................................... $63.75 Support Truck .......................................... $84.15 Mechanic / Technician ............. 46.24/hr x 7 ........ S323.68 Helper ............................. 37.74/hr x 7 ........ $264.18 Total ................................................. $735.76 ¸. Coordinate and install ConVauit (CVTD5002$F) Dual Compartment Gasoline/Diesel UL-2085 2 hour fire rated tank. Tank shall have ConVault gasoline and diesel accessories package including vents, suction 5ubes mechanical leak detectors, mechanical gauges, overspilt buckets, emergency vents and all other required appurtenances. As per Snaps price .................................. $2,694.50 Purchase and install two 4" concrete bollards, hurricane restraints, install two Fill-Rite FR702 fuel p~ps complete with antisyphon valves, air eliminators, breakaway, swivels, 12' hoses, automatic nozzles and hose retractors as required for a complete fueling system as per NFPA 30, 30A, ANSI B31.1, and FAC17-762. As per Snaps: Street Saw I day ......................................... $63.75 Support Truck ............................................ $84.15 Mechanic / Technician ............... 46.24/hr x 3 ........ $138.72 Helper .............................. 37.74/hr x 3 ........ Slt3.22 Purchase #40 B.S. pipe Bollards $98 x 15% ............... $112.70 Purchase Cable & Anchors $!26~00 x 15% .................. $!44.9a ToTal ................................................... $657.44 E'd EIBEBSESOE ous ~no ~u~qoueuq dgD:EO [0 bi das City of Boynton Beach Page -3- Using existing conduit and spare breakers install new Class 1, Division 1 electrical as required. As per Snaps: Support Truck ............................................ $84.15 Electrical / Technician ............. 46.24/hr x 10 ....... $462.40 Helper .............................. 37.74/hr x 10 ....... $377.40 Purchase rigid, boxes, THWN wire, LB's, E.S. Controller 448.50 x 15% ............................................ $515.77 Total ................................................. $1,439.72 6. Purge system, provide functional test and perform pressure tests as required. As per Snaps: Fuel Tech ....................... 46.24/hr x 2 ............ $92.48 7. Provide up to 2 hours of employee training as required. As per Snaps: Fuel Tech ........................ 46.24/hr x 2 ............ $92.48 Task 2: Remove Existing HAZ-MAT Building and Install New HAZ-MAT Building Provide and submit engineering, design and drawings. All drawings w£i1 be signed and sealed. Use bes£ efforts to obtain permits as required. City of Boynton Beach Page -4- o Demolish old F3~Z-MAT building and prepare site for new HAZ-MAT building. Install new slab approximately 8' x 16' with 12" footer and install hurricane restraints as recuired. As per Snaps: Back hoe 340/day x 2 days ........................... $680.00 Street Saw i day ....................................... $63.75 Support Truck 2 days @ 84.15/day ...................... $168.30 Opera~or /Technician ............. 46.24/hr x 20 ........ $924.80 Helper ........................... 37.74/hr x 20 ........ $754.80 Purchase Cable & Anchors $126.00 x 15% ................ $144.90 Purchase rebar, form boards, vapor b.stks .................... $485.00 x 15% ......................................... $557.75 Purchase concrete including short load chg. $66.00 x 3yds +S.L.($150.00) ........................................ $348.00 Total ............................................... $3,642.30 Install Pro-Tec (PT 12-20) Hazardous Material Storage Building with storage for (20) drums complete with loading ramp, skylight, sump liner and shelving for back wall. AS per Snaps considered same size as i000 gal ConVault Tank ................................................ $2,694.50 Install existing electrical (Class 1 Div. 1) to new i~AZ-MAT building. As per Snaps: Support Truck ! Day ................................. $84.15 Etectrical/Technican .... 46.24 x I0 hfs ............. $462.40 Helper !0 Hrs. @37.74 x 10 hfs ..................... $377.40 Purchase rigid, boxes, TBWN wire, LB's ............. $385.00 Total ............................................ $1,308.95 S'~ EISEBSESO£ ou~ ~no Du~qoueJq dS~:EO ~0 ~I &as City of Boynton Beach Page -5- Please Note: This proposal assumes ~hat Contractor will provide up to i00' of additional trenching and conduit. Contractor will backfill, compact and pour concrete over trenching as required. Task 3: o REmoval and Disposat of Underground Fuel Oil Tanks Contractor Shall: Provide Engineering Design and ~rawings and use best efforts to obtain permits as required. Remove 5wo (2) one thousand gallon underground fuel oil tanks from the golf maintenance division parking lot driveway which shall be manifested and disposed of in accordance with local, state and federal requirements. Cap off, remove or re-route underground oil lines and existing dispenser island as required in accordance with good engineering practices, NFPA 30, ANSI B31.1, FAC,!7-761 and FAC-t7-762. Install and sample temporary monitoring well for EPA Methods 602 & 61~ as required by DEP and DERM. Advance one soil boring as required by DEP and DER/~ to be sampled for EPA Methods 8020, 8021 and TRPH. Backfill to grade wAth clean fill and pour new concrete slab approximately 15'x 20'. The slab shall be 6" thick w/6 x 6 x 10 W.W.F. In addition our staff chemist will perform soil screening as required during excavaEion activities utilizing a Heath' Consultants, Flam~e Ionization Detector (FID) Porta FID II as per the Branching Out, Inc. Generic Quality Assurance Plan on file with the Florida Department of Environmental Regulation (FDER) . This report will be submitted to DEeM as required. City of Boynton Beach Page -6- Please note: 1) 2) 3) If additional excavation is required due to unknown or hidden conditions to remove contaminated soil, it will be invoiced as an extra to the Contract at $13.00 per ton, for excavating and stock piling on visquine. Contractor will transfer usable product to new ConVault at no charge. However, should non usable pumpabie liquids remain in the tanks, it shall be invoiced as an extra to the contract at $.76 per gallon. If sludge is found in the tanks, it will be invoiced as an extra to the contract at S5.04 per qallon. Task 2: T~nk Closure Assessment Report Contractor Shail[ Following the underground tank removal, a Tank Closure Report as required by Florida Administrative Code (F.A.C.) 17-761 will be compiled and submitted to CLIENT and DERM. This report will describe and document the conditions observed during tank removal activities and will include Yank inspection forms. Ail Of the Tank removal activities based on SNAPS Pricing of $4,547.50/1000 gallon tank x 2 ........................ $9095.00 II SCHEDULE Contractor anticipates commencing field work within fifteen (!5) working days after receiving written authorization to proceed. The ~ank removal should be completed within twenty five {25) working days after the projec~ snar~ date pending plan approval. t'd ~I8~8~0E ou~ %no ~u!qou~uq dgD:~O ~0 WI des City of Boyr.~on Beach Page -7- III COMPENSATION These tasks shall be performed for the lump s'am fee of .............................................. $24,903.13 * This flee includes Review Fee required by DERM. Should you have any questions or reTaire additional information, please contact me at (305) 258-8101. Very Truly Yours, M. S. Bu/?chell Branchi[g Out, Inc. Environmental Engineering & Construction 8'd E[8ESSESOE ouz ~no ~u~qoueJq dg~:EO IO bi daS 23300 $,W. 134 Avenue Miami, Florida 3,3032 Branching Out. Inc. ENVIRONMENTAL ENGINEERING / CONSTRUCTION Ph: (305) 258-8101 Fax: (305) 258-3812 GENEP~AL INFOPaMATION o o 5. 6. 7. 9o Branching Out, inc. Environmental Engineering & Consnruct~on 23300 S.W. 134 Avenue Homestead, Florida 33032 Phone (305) 258-8101 Fax (305) 258-3812 Steven Hurst - President Michael Burche]l - Vice President Robert Hughes - Construction Manager Uiysis Munzo - Well Drilling / Directional Drilling Manager Margie Coats- Administrative Supervisor Working hours are 6:30 a.m. 4:30 p.m. Branching Out, inc. is a Florida corporation based in Miami. Branching Out, Inc. was formed in 1983 in Florida. Branching Out, Inc. is a licensed, permitted and certified eng!neering/envlrom~ental consulting and construction firm in the State of F].orida. Licenses include the following: Professional Engineer License PE 0016278 Hazardous Pollutant Storage Contractor License PCC 055725 Certified General Contractor License CGC 006150 Certified Electrical Contracnor License EC 0001470 Certified Plumi>ing Contractor License CF C057075 Level I Fire Protection License FM0091 Water Well Contractor License 11054 State Generic Quality Assurance Plan 930187G Branching Out, Inc. cwns and operates its own equipment including trucks, backhoes, skid loaders, drilling equipment, trenchless directional drilling machines, welders, pipe machines and hand tools, envlronmental mcnitoring and testing equipment. Branching Out, Inc. carries a 2 million dollar general liability, pollution liability and professional liability policy. A copy is attached. 23300 S.W. 134 Avenue Miami, Florida 33032 Branching Out, Inc. ENVIRONMENTAL ENGINEERING / CONS TRUCTION Ph: (305) 258-810 I Fax: (305) 258-3812 Partial Client List WORK PERFORMED NAME & ADDRESS OF OWNER Installation of aboveground locomotive fueling station 1/00 Tri County Co~mute~ Rail Hialeah Yard Fueling Facility Hialeah, Florida Les Nehiley 954-788-7958 Underground Fueling System for Fire Station #2 2/00 City of Coral Gables 525 S. Dixie Highway Coral Gables, FL Wayne Moody 305-460-5033 Retrofit State II Vapor tanks and lines 3/00 Homestead A_ir Reserve Base 482 LSS/LGC, Box 50 29050 Coral Sea Blvd. Homestead ARS, Florida B.J. Cherico 305-224-7406 Removed underground fuel tanks and installed aboveground fuel tanks 3/00 FDOT Turnpike Toll Plaza at 8th Screet Tim Shinabery 954-975-4855 Ext. 1270 Retrofit fleet fueling system with Stage Il and doublewall piping 4/00 City of South Miami 6130 Sunset Drive Dave Gibson Removed aboveground fuel tank and installed dual compartment aboveground tank 5/00 Eastern Metals for Young Oil Company George Knopp 954-425-2910 0['~ EIB£BSESOE ou~ :no ~u~qouedq dg~:EO IO ~[ deS 23300 $.W. 134 Avenue Miami, Florida 3,~032 ENVIRONMENTAL ENGINEERING / CONSTRUCTION Ph: (305) 258-810! Fax: [305) 258-3812 Partial Client List WORK PERFOP4~E D NAME & ADDRESS OF OWNER Installed pumps and tanks at the Shell station Retrofit fleet fueling system with Stage I! and doublewall piping at the City of Hialeah Water & Sewer Department 7/00 8/OO Orlando Alanso Architects Mike Alanso 305-595-3095 R]nmberto Castellano City of Hialeah 5850 E. 8th Street Hialeah, Florida 305-769-7729 Removed fuel tanks, installed tanks, installed soakage pit and electrical Electrical installation, fuel tanks and general construction Installed fuel tanks, cut and replace blow down lines, perform tightness test and abandoned fuel systems 1/01 1/01 2/0t Clove Jones Jones Boat Yard 3399 N.W. South River Dr. Miami, Florida 305-633-4677 Joe Glemba Richmond Naval Air Station Miami, Florida 305-724-6320 Bob Burtelson FP&L Turkey Point Homestead, Florida 3C5-246-6!66 Installed fuel system Fire Station #5 Removed fuel tank, oerformed required remediaticn and contamination assessment reporn 3/01 4/01 Carlos Beritz City of Hiateah 5850 E. 8th Street Hiateah, Florida 305-769-7729 Vernon Roarke Ai~erman Transport Lines Opa Locka, Florida 305-688-3571 ii -d EISSSSESOE ou~ ~no ~u~.qoueJq dLL:EO [0 ~,I ~aS 23300 S.W. 134 Avenue Miami, Florida 33032 · t Branching Ou. Inc. ENVIRONMENTAL ENGINEERING / CONSTRUCTION Ph: (305) 258-8101 Fax: (305) 258-3812 Partial Client List _WORK PERFORMED DATE NJU~E & ~DDRESS OF OWNER Removal and installation of aboveqround fuel systems Removed fuel tanks and installed above ground tanks Installed fuel tanks Installed fuel tanks Installed tank for Dade County Water and Sewer Authozity Installation of fleet fueling system Removal of underground fuel and installation of above- ground fuel systems 4/01 5/01 6/01 6/01 7/01 8/01 9/01 CES Bank of A~erica Paul Truntich 703-769-1263 Deer Creek Golf Course Deerfield Bch., Florida Ricky Wideman 954-480-8552 Miccouskee Tribe of Indians Miami, Florida Oscar Meza 305- John Henszy Westwind Contracting Ft. Lauderdale, Florida 954-986-1555 Lucio Rivero Gulf Plumbing Miami, Florida 305-216-2622 City of Hiaieah 5850 E. 8th Street Hialeah, Florida Rumberto Caste!!ano 305-769-7729 University of Miami Miami, Florida Ken Capezzuto 305-243-3400 EI'd EIO~8SESO~ ou[ =no ~u~qoueuq dt~:EO IO ~,[ das 23300 $.W. 134 Avenue Miami, Florida 33032 Out, ENVIRONMENTAL ENGINEERING / CONSTRUCTION Ph: (305) 258~t01 Fax: (30§) 258-3812 Other Clients Include: Tom Thumb Food Stores Everglades National Park City of Homestead Biscayne National Park City of South Miami Department of Enviro~mental Protection Miami Dade County Deuartment of Environmental Proteciton Barry University Citgo/J&S Hosein Enterprises Young Oil Company City of Miami American LTD ~nerican Airlines Cliff Berry Inc. SWS FPL El.d EI8ESC;Ec;oE ou'~ 9. no :~u~,Aoue,.~q ~IL.b:EO [0 'bi OldcasUe Precast; Inc. www.oldcastlepmcast.com --. dba CONVAUL. T FLORIDA Wildwood, 352-748-6462 352-748-6820 Links at Boynton Bch ~Mr. Paul M. Fleming P.O.Box 0310 Boyton Bch, FL 3342.50310 Job Title: The Links at Boynton Bch FL 34785 CONTRACT AND PROPOSAL Quote No: 0000550 ae~e= ~.o thAI O~ ~.11 Ord~r~ Date: 09/14/01 Bid Date: Location: Boynton Beach, FL. Page: 1 OF i Attention: 5617426543FAX7426285 Item unit Number, Qty U/M Description Price Extensior 220502 1 EA CVTD5002SF 20YR W/Osp # 7420.50 7,420.5¢ 450208 1 PKG Diesel Acc Pkg Guill Ready 500 411.40 411.4¢ 401106 1 PKG Basic Gas Pkg Thru 500 GuillR 411.40 411.4£ 401020 1 PKG 10 GPM Diesel Pump Pkg 1075.57 1,075.55 401025 1 PKG 10 GPM Gas Pump Pkg 1118,07 1,1t8.07 802920 2 EA B1394 3/4" Id Hose 16.15 32.3¢ 401420 2 PKG 3/4" Hse Swivel With Breakaway 104.81 209.62 805216 2 PKG Retractor Kit 216.03 I 432.0E "91000 1 9/% Precast Slab CVT1000 (DS00) 719.10 ] 719.1C ,90100 1 EACH Hazardous Materials Storage 7678.80 7,678.8£ 900200 1 EA Freight Only - No Off-loading 675.00 675.0¢ Tank only Freight! 900200 1 EA Freight Only - No Off-loading 1900.00 1,900.0£ HasMat Building Only, freight only, NO offloading. 000002 State Negotiated Agreement Price Schedule [S.N.A.P.S.] pricing has been used in working this quote. Our State number is: 83022741. Quote Total: 22,083.82 FOB Jobsite Ship Date: Terms: Net 30 Days Subject Freight: Freedom Non-Taxable to Credit Approval/Bond ' ' Quot-etion Is Valid For 30 O&yc (Accept ed 01 By: Dan Rockefeller BRANCHING O ENVi 23300 S.W. 134 AVENUE INC. N HOMESTEAD, FLORIDA 33032 TO: ~ ~%/~,~-~ DATE ~.2. p.~/ FROM / "' ~/~,,.~ F~ NUMBER COMPANY ~ TOTAL PAGES INdLU~ING C VER COMMENTS CONSTRUCTION SERVICES DIVISION ' FL ORIDA DEPARTMENT OF MANAGEMENT SERVICES JEB BUSH Governor CYNTHIA A. HENDERSON Secretary MyFto#d~com Slate Purchasing 4050 Esplanade Way Suite 350 Tal/aha~ee, Florida 32399-0950 Telephone: $50-488.8440 850-414-6122 www. MyFIorida.com/c~ms www-MyFIodcla~com July 31,2001 Mr. Michael S. Burche]l, Manager Branching Out, Inc. 23300 S.W. 134 Avenue Homestead, FL 33032 Suite 325 SUBJECT: Dear Mr. Burchell: SNAPS II No. 9912501-1 Title: Fuel Tank Installation, Removal, Repair & Remediatk)n E~closed is your copy of the executed State Negotiated Agreement Price Schedui'e {SNAPS il) form establishing an agreement between ~he State of Florida and your firm. Please review at h-httP://fcn-state.fLus/orawetYowaJsnaps wv,~w menu power to deter-: ........ your agreement correct, if revisions are reouJr,~,4 -~ :-,, '-"-' .2' _ .~-. ,-,.e ,f me on ne inron'nation is ~ ---, H=~c ~, o[)e ol me te{epnone numbers berow. You are reminded of the Special Condition h the agreement tied 'Vendor Surcharge Fee and Summary of Total Sales,' paragraph 6, which imposes a 0.5% Vendor Surcharge User Fee on total sales and all associated fees except sales tax from this agreement. After receipt of payment from ~he agreemen~ purchases, a~ fees shall be paid no later than 15 days after the end of each calendar_ quartet'_ {September 30, December 31, March 31 an0 ,June 30). Amounts of $50 or Jess may be carded over to the next quarter and ~'otwarded to the State of Flodda when the cumulative amount for the quartem is $50 or greater. The Vendor Surcharge Fee and agreement number should be noted on the check and remitted to: State o~ Rorida Departmant oi~ Management Sen4ces P.O. Box 5438 Tallahaseee, FL 32314-5438 A Vendor User Fee Report is enclosed for your reporting requirements and you may copy as needed Should them be no sales dur~g ~e quarter, a negalJve report must be submitted. Amendments to your agreement re~ating to additions and deletJofls of products or services must be submitted at least two weeks prior to the end o~ each calendar quarter. And if approved, will become effective at the beginning of the next ca~,ndar quarter. Amendmants shall only be reviewed and processed i~ the 'Vendor Surcharge Fee and Summa~ of Total Sales' reports on your agreement are current. Pdce reductions for products or services may be submitted at any time. Failure to comply with these requirements may result in the unilateral cancellation of your agreement by State Purchasing. 413.0257.Sh°u~d you have any questions, please call 1.800.50.SNAPS (1.800.507.6277), 850.487.4197 or SNAPS Administrator GB:&'I Enciosure ou[ ~no ~u~qoueJq dg~:~O [0 ~3 Branching Out, Inc. Service Price Schedule Effective Date 4-1-01 Petroleum System Service Work Hourly Labor Rates Technician Helper Material Rates cost plus 15% List Price $54.40 44.40 Snaps Price $46.24 37.74 2. Environmental Services & System Design Rates Hourly Labor Rates List Price Snaps Price Design Services $105.00 $89.25 Tech I 54.40 46.24 Field Technician 50.00 42.50 Project Manager 70.00 59.50 Equipment Operator 54.40 46.24 Word Processor 35.00 29.75 Clerical 30.00 25.50 Material Rates cost plus 15% List Price/Day Equipment Rates Snaps Price/Day Support Truck $gg.00 $84.15 On Site Storage 70.00 59.50 Tracid3oe 800.00 680.00 Backhoe 400.00 340.00 Frontend Loader 750.00 637.50 Plate Compactor 90.00 76.50 Vibm Roller 480.00 408.00 Concrete Cut Saw 75.00 63.75 I~'ol E[8~;Bq~qot~ ou~. o. no ~u~qouedq ol9,b:£0 [0 6~ ~nB Service Pdce Schedule Page -2- 3. Non-Hazardous Soil Removal/Disposal/Treatment List Snaps Transportation(20 ton mtn) Thermal Treatment (20 ton rain) Clean Back~ili Prebum Analysis Disposal Oily Water for Services Disposal of Sludge $13.00-26.00 per ton 52.50 per ton 15.00 per cubic yard 445,00 each .90 per gallon 5.93 per gallon $11.05-22.10 per ton 44.63 per ton 12.75 per cubic yard 378.25 each .76 per gallon 5.04 per gallon Travel & Per Diem Rates-Apply to All Areas Outside of Dade County Travel Time Regular Labor Rate Mileage FL Statute 112.061 Per Diem FL Statute 1t2.061 Mctel $70/day/man Additional Charges Equipment rental, permit fee's, subcontractors are costs plus 15% Overtime will be billed at labor rate x 1.5 for any work over 40 hours a week Other Services Offered Installation/Removal of Underground/Aboveground Petroleum Storage Tank Systems Branching Out, Inc. will provide a site specific lump sum or unit price proposal for projects tailing outside the above scope of work. Typical Underground Tank Removal List Snaps 500 gallon tank no concrete 1000 gallon tank no concrete 2000 gallon tank no concrete 3000 gallon tank no concrete 4000 gallon tank no concrete 5000 gallon tank no concrete 6000 gallon tank no concrete 7000 gallon tank no concrete 8000 gallon tank no concrete 9000 gallon tank no concrete 10000 gallon tank no concrete 12000 gallon tank no cor~crete 4,850.00 4,122.50 5,350.00 4,54750 5,850.00 4.972.50 6,350.00 5,397.50 6,850.00 5,822.50 7,350.00 6,247.50 7,850.00 6,672.50 8,350.00 7,097.50 8,850.00 7,522.50 9,350.00 7,947.50 g,850.00 8,372,50 10,350.00 8,797,50 t,'d ~[BC8ggqoE: ou.~ 3. no ~lus. qouedq dg~,:~:O [0 6g :~nl:l Service Price Schedule Page -3- B. Pe~'oleum Storage System Upgrades and Tank Installations 1. Replace pumps, hoses, nozzles, breakaways, gauges, disi)ensers, etc. Houdy rate $46.24/!-!r. Portal to portal and materials. 2. Installation of aboveground fuel tanks. Typical CortVault o~ vaulted 2 hours fire rated tank on precast slab, no electrical. Typical abovegmund Tank Installation on Client Provided Slab: Ust Snaps 50(3 gallon ConVault tank on precast slab 1000 gallon ConVault tank on precast slab 2000 gallon ConVauit tank on precast stab 3000 gallon ConVault tank on i~'ecast stab 4000 gallon ConVault tank on precast slab 5000 gallon ConVaull tank on precast slab 6000 gallon ConVault tank on precast slab 7000 gallon ConVault tank on precast stab 8000 gallon ConVault tank on proc, asr slab 9000 gallon ConVault tank on precast slab 10000 gallon ConVault tank on precast slab 12000 gallon ConVauit tank on precast slab $2,670.00 $2,269.50 3,170.00 2;694.50 3,670.00 3,119.50 4,670.00 3,969.50 5,670.00 4,819.50 6,670.00 5,669.50 7,670.00 6,519.50 8,670.00 7,369.50 9,670.00 8,219.50 10,670.00 9,069.50 11,670.00 9,919.50 t2,670.00 10,769.50 C. Installation of Fleet Management and Dispensing Systems Branching Out, Inc. will provide a site specific lump sum or unit price proposal for projects falling within the above scope of work. D, Underground/Aboveground Pel~oleum Storage Tank System Design & Engineered Drawings Branching Out, will provide a site specific lump sum or unit price proposal for projects failing within the above scope of work. E. Remedial Action System Construction Branching Out. Inc. will provide a site specific lump sum or unit Ddce proposal for projects falling within the above scope of work. q.,,l ~[BI~Bq~$oI~ ous. -3no ~u~.qoueJq ~I~i~:IBO [O G~ ~nlcl '09/06/01 22:59 CONVAULT I~ber 13, 2000 Mr. James M. Remington Co~ault ~ Inc. P.O. Box 238 Wildw~ FL 34785 FLORIDA, INC. (352) 748-6820 SNAPS Il No. 8302274-1 Above Ground Storage Tanks SERVICES 4030 Esplanade W~y ,, Taita~ F~addn 32399-.0950 S'_-]31A~JBS NOII3 qHISNOO P. 001 $. · _'7 2001 CONSTRUCTION SERVICES D~VISION Suite 325 ~ is your.copy ~e executed State Negotiated Agreement Price Schedule (SNAPS II) form establishing an agreement between the Slate of ..and .your mm. .?e~e..review yom a. gmement at hl~'Jflcn.smt~.fl.us/orawb/ow~nap~ www.menu.power to determine, ~e online ~mormm]on ~s con'.~ D mvtsmns are required, please call one of ~he tdepho~ numbe~ betow. ~-q~,mer ~U. nmoums m ~'~u or mss may ae carried over to the n~xt. qua-tar and fonva,-dad to fie Slate of Rorida ~ ~ ~e ~unt for quart,~ is ~SO or greater. The Vendo~ Surcharge Fee and agreement number should be noted on lhe c~ad( and rem~ed to: State of Florida P.O. 8ox 5438 TaJla,h~. FL 323145438 A VeedorUserFeeReportis enclosed for your mpodfngrequirements andyou maycopyas needed. ~)uldthem be ho sales during b'~e qumler, a negalJve report must be submitted. Amendments to your agreement relating to m:k~ons and deletions of producls or senses must be subm~ed at least two weeks prior to the end of process~ wme-venoor uu~an~ Pee ano uummary of Total Sales re)om on your agreement are current. Price raduclions for products or- F~ilum to comply ~ theee requirements may r~uit in the m~ilateml c~ncell~on of your agreement by State Purchasing. you have any questions, please call 1.~00.50.SNAPS (1.800.507,627'/}, ~0.487.4197 or 413.0257. SNAP~ Administrator - . ~osure Post-it' Fax Note 7671 Date 7/~ I# of I, 09/06/01 23:00 CONVAULT FLORIDA, INC. (352) 748-6820 CONVAULT FL, INC., 1410 Industrial Dr., P.O. Box 238, Wildwood, FL 34.785-0238 (800) 642-1540 (352) 748-6462 FAX' (362}748-6820 2 0 0 0 Florida List Prices Effective July 1st 2000 Prices Subject To Change Without Notice The Industry Leader In Above Ground Fuel Storage Systems 09/06/01 23:01 CONVAULT FLORIDA, INC. (362) 748-b~ZU l~ · UU.5 CONVAULT SINGLE TANK PRICES Effective 07/01/200o FLORIDA LIST PRICES Tan~ 4000 gallons and larger rnus~ have legs ret in 8500psi. non-snn~kmg, non-metal~ gfouL ~ be set on fleopmfle mbl~ pad~. ALL PRIGES ARE F.O:B. PLANT LOCATION ' ' ·. aze W~jh~ D~m~%ns P~a.~ Pr~ pKGAccB Overspi~ in gallons in poun. d.s LXWXH Location (basic accy.): (7-gal) CVR125-3SF 5,800 .49;5'x49.5",x~.7' !Wildwood ~3,775,00 = ~50 .~ included CVT250-38F 8,000 . Wildwood ~4,837,00 $450.00 inducled I CVT51XI-3SF ~ 12,000 11'x4'6'xaUt Wi~ $5,775.00 $450.OO I included ~ ' $17,28°.oo ~61~oo , CVC4(XX)-3~ i 47,000 i ~11~5x9'4~5'"' Wddwood $20,500~OO , ~615~OO I incduded CVT4000-aSF 45?0 1~x~'5~ Gaeram ~0,500.oo *~615.oo in~lueecl CVT4000-3SF 44,000; I .2~ T~xas ~IC~0,S00.00 ~115.00 ; included CVC5200..~SF ' .~?.,000r ~ l~l.5~x~.Sx~4~ W~:~Ic:X~ ;4~48.OO i t~ 5.oo in~u~e~ CVTs~0.aSF 48,0OO ~l,;~'xr Gaomia Is,TO0.00 t~g.0o / inched CVT~2OO-3SF :. 50,000 ~5'~~ Texas ~.S. ,350.OO ~15,00: included i ~ ~o.ooo! ' ~ ' cvClO.Oeo-3.~ ~aO;Ooo: 'i 2rl~x~4~, ~8;~O:oo, i ' i~ctucled o.ooo-3SF : . s, o.oo. :sr ;oo Ied. ': ' 3~ 'x~s~s' C, AorTX . $4~,~S0.o0 S72S-O0 · in~uded NOT~ ~Ul tanks ~ g~n~ and ~cdude an ~a inch manway. Moc~ # Weightab.. O~nsions Plant loc. ~SLAB 25 ' 3,100 XS~'XS'3' ikhvood .r. I36.OO ~t.4er~ 3,aDo ' - 4-" ' ' 8 X: '3 Z8'2' W'~twood i $546.00 two m~' mats. · SLAe,~ 5.7OO ' ;~ ' · trX t6'XSlY' W~ood' $732.00 ~4ooop~ SL 000 ?.lDO 8-'xil -xrZ' W voo Sa 6.oo '9 00 rx.'rx °' NEOPI~NE RUBBER PADS Pact set.for ~25-30OO Gallon PKGPADS ' $1~.00 PKGPAD~ ' Pad set for 4OO0-~000:~ I~ctangular PKGPADL Pact set for 8;000-12,000 Gallon Rectangular i .~:d~3.00 PKGPADCM pad set for 4ioo0-6,000 Gallon Cyrmdrical ! $136.00 PKGPADCL ~ Pad set ~r 8,000-12,000 Galen Cylindrical 1 .~f~ ~a~emauacm~son0 ~olrzooo Page I NEOPI~,ENE RUBBER PADS PKGPADS Pad set,for ~ 25-3000 Gallon ' mm m $1 ~'00 PKGPADM Rad set fu 4OO0-6000: ~ I~fangulmr $455.00 PKGPADL Pact set for 8;000-12,000 Gallon Rectangular $683.00 PKGPADCM pad set for 4i0(X)-6,000 OallOn Cyfmdrical $136.00 PKGPADCL Pad set ~r 8,00o.12,00o Galen Cylindrical $240.00 09/06/01 23:02 CONVAULT FLORIDA, INC. (352.) 748-6820 P. 004 ~ DOUBL-'~"~-ANK P--'~-ES Effective 07/01/2000 FLO~CES Tanks totaling 4000 gallons and larger must have legs set in 6500pm. non-s,,,. ,,-, ~j, n0r~,._ 'ALL PR!Cti=-S ARE F,O.B. PLANT LOCATION . : Size Weight Dimensions Plant ~ . Price ~ PKGACCB OvemPill in g.llnns in pounds L X W X H , : Location ' (basic accy.) (7-gal) CVTD125-3SF 8,000 7'8'x3'9'x3~3' ~ $7,487.00 $900.0~ r mc,u~e~ CVT[7250-2SF 12.000 1Tx4'6x3'4 ~ Wb~,~,o~ : $7.845.00 $90 CVTDIS00/500-3SF 30,000 11~ x85cSe ,: W'~ood i $14~;00 CVTF.2000-3SF .... 45.00 . . . , ,, CVTm~F . ; 50i000 i; ~: ~ Texas $28,800~ cvc~ . ~ . . ~- A27.0o $1,zuu ~ ~nc3 : ' e an t8 inch mamvay. NOTE: NI tanks5000 gago~s (~ta) and ~ tncl~d FRE-FABRICATED S~S ' : e, ^o E750/2 t 7.100 8"Xl1'6 Xuz . ~ isLAB-Ei000 9.2OO rX ~'Xm:)' :. VV~v,~3d r: tSLAB-E150015, : 2. : I , NEOPRENE RUBBER PADS ' ' Pad. set forlCVTE125-C~1500 C:.-~. lion -i $~36.00 PKGPADS ; : ' ' PKGPADM ; " pad set :foriCVTi:~--n00-E3000 Ga~-~ Re~.~,,g~utar $455.0~- PKGPADL Pad set for:CVTE4000-E6000 GaUo. ~,gul,at' PKGPADCL Pad sat for CVCE4000-E6000 Gallon Cy;~6,~,~ $240.00 , PaGe ~09/06/01 23:04 CONVA:ULT FLORIDA, INC. (362) /48-6820 P · 005 CONVAUL PACKAGES_ Effective 07/01/2000 ~ ' FLORIDA LIST PRICES Ai~ ixtCes a~e F.O.B. W'~KXXi, ~ . ACCESSORY PACi(AGES , Model Number Descrilx~on: Price PKGACCD ' Basic ~ PaCA~ for Diesel Tanks, ThroiJgi~ 2000 Gallo~L~ $450.00 : Basic Accy ~ for Die,el Tanks, 3000-6000 Gallons $6 5.00 Basic Accy Pkg for Diesel Tm11;;. 8000-,2000 ~kJns I $725.00 PKGACCG Ba~ ~ P~ fi;x ~ Tanks, Through 2OOO Gailons ' $450.00 i ~ for T ~c~ccuo Sa.~~~~U~O;T;.~s. Th,~O.=0O0C.~on~ ' rS4~0.00 T~e a~ve packages include: 2'X8' vent riser pipe. 2' vent Cap, 4' t~ sea~ camiock fi~ adap~ 4' to~ se~ camec~,~ (ESW r~7 o; e;u~), emeqlen~ ~ (stz~ as reauimeL fed ~ve ;auae $~ w/caleralfon ~, lea~ d~..m~llo~ sikh, se~ o~ deca~, fuel level gauge (Kmge~ ~equa~) =t(GACCDSFV ;~ ' P~G10G ~: t~ ~ ;er~ wah ~ reset mmr, ~t, ho~e $%O37.0O PKG10GI :iiPKG~OGO and PKGACCG1 ~ $1,663~00 PKG10G2 i 10 gpm ~ ~P wit~ mamJally reset nleter, ~t, hose automa6c ~ ~Rer. (GAS) Phase il VapOr Recovery System PKG18W&M 18gpm, weight and measures ~ pump wit~ elec'eonlc register. S2,814.00 ' or dieset fuel) DISPLAY, ONLY ~) I:PKG9152AXTW-1 TwinHose.$ingte~Oisl:~~ LlptOlSGPM. $6,214.00 slabEzet t~r, ar~ slowdown valve. (S~ pum~ Not inc~decL) PKG9153AXTW-1 rwin HoSe, Single ~ ~ Package. Up lo 22 GPM. $6,356.00 slabiFZer bar, anti slowdown valve. (Submers~e pump Not included.) Ot~er models and combinations avai/aMe. Call for ~ and txices. '~am;e~,~ owov'zuee Page 3 09/06/01 23:05 CONVAULT FLORSDA, INC. (352) 748'6820 P. 006 PUMPS/FLUID HANDLING EQUIPMENT E~,~,'ve 07/01/2000 FLOraDA UST pRIcEs .Dominant prefixes: FR = Fitlrite (pumping equipment) PKG = package All prices a~e F.O.B. Wildwood, Flofid~ Orders of i.~ than 50 units OR 500 pounds may be su~ect to addillonal freight. Model Numl3er t Des~ Pdce : , : : FU~ MANAGt=MENT SYSTEMS . ' ' ' : ~.. . HOENIX !00 Keys o Car uded ' $4,3S0.00 PHOENIX 8l~30-2 50/50 Keys or Caifls included : ' ' ' : $4'973'00 Up to 8 hose l~r~s ava~ble - ca, for price. , , = CABINET PUMPS. ~ Aeees~ for Top MOUnting (~ ~ led!: FR 702RU-X498 ' ~~OVAC cabil~t Pu"'~';'~a~'~ ~'e' r-~;~'er! hose' reset.,elecir~c register, LCD d~splay, lr~ riP,, !10VAC. = EE_MO_TE FlU. I IttM$ . : ' . ~ : ' , IREMOTEFILL I_ngx ollly, Povater C_~_3_e,~_ PKG ~MOTE i~ ali system ~,~,.ry i.s%",,d On Cya~ Convaua AST FILL ! IMITER$ NFP^ 30A (1996 adition) in paragraph 2-4.6.1 calls for tanks to have the means to 'automatically Gu" '~e' a fi,L ;.miter ~,~.]rv-~i!~ d~_<igned for ,_~_e when pumping mm an azx:wegrounu Mod_~l Nuclei' t u"=~---u-'."'~"' . I o'..£ "u":; ,'"T". i ' -m~&.-.-..~ llll a~-- re,- $481.00 GUILL250 , For250/D125gai. ConVault tank. .2 inch ~- ~ ap GUILL500 For 1000/~500 gal. ConVa.It tank. 2 inch camkx:k ~ adapter $49 .00~ GUILLGuiLL20001000 !For 200~r, 1000 gal. ConVauit tank. 2 inch camloc, k llll .adapter GUILL4/12 For ~2,000 C.~l STD. FLOW 2 inch camiock fill aaapter §11 _=d=_gt_4~r, _m,3~,_,'_.'es a 6" NPT opening. High flow. .. page 4 09/06/01 23:06 CONVAULT FLORIDA, INC. (352) 748-6820 P. 007 ; ~ONiTORiNG b--fSTEMS (etectlt,= ~ ~~t), page 1 of Z. ~ Fi..O~u~A UST PRi~ES~ Ag ~ ate F.O.9. W~Nyood, F/or/da Effective 07/01/2000 Pneume~-~tar - tank gages, dl~¢dminatl~ leak P~40 [ r ' ~r t~ or ~. ~ $ ~1.00 09/06/01 23:07 CONVAULT FLORIDA, INC. (352) 748-6820 P. 008 Elective 0T/01/'2~0 PN-LS6OOB1 r all size wilt12 125-3000, 4000LP, and 5200LP Page 6 Q9/06/01 23:08 CONVAULT FLORIDA, INC. (352) 748-6820 LAPEYRE STAIRS ~ve 07/01/2000 FLORIDA LIST PRICES AJtemating tread, meets OSHA requirements. Stair regulations ray by location. Model nUmbers beginning with 'PKG' prefix ~ a ~ X 30" platform (wilh rails). ALL STAIR PRICES ARE F.O.B. WILDW~D, FLORIDA: Model 56 degree Length 68 degree i 68 degree Number Used for Convault AST Size ~ ~ized of stairs . aluminum PKGLAP3656G 2(X)0 galtan ' i $1,899;00 59 in~s call'': call PKG~G 3000 gallon ~.00 I carl' ' , call' PKGLAP~ 4-12,000 C~indrical ~640.00 92 inches call call NOTE: MOUNTING HARDWARE IS NOT INCLUDED TO FASTEN STAIRS TO SLAB! Lapeyre stairs am 23 inches wide. BAMBACICd~O STAIRS ~ve 07110,q~9 : FLORIDA UST PRICES s~gh~ ~ead,i'OsHA appmv.d, carbon ~. Tread rL~e ~ ~-~,S ALL STAIR ~CES ARE F.O.B. WILDWOOD. FLORIDA Model Fueling U~e Used Oil - ~ ! Number Height of I Length of pLT2G · 1000gallon upto500 $824.00 2(two) ~ 17.56; ' 30inches PLT3G ,2000 ~ailon 1000 gal~ $997-00 3 (throe) 26.38 42 inches65 PLTSG 4000LP/5200LP 2000 gallon PLTTG 4000-~2000~4000CP~ $Z044.~ 7(seven) ' 65~ i I 93inches NOTE: MOUNTING HARDWARE i$ Bambacigno stairs am 36" wide Other Stairs and Ladders Effective 0'/!10/99 ' FLORIDA LIST PRICES Model # Descrtp~lk~n Price PLTLADDER Hot Dipped Galvanized Ste~ lhrough I.a~der~i $998.00 fa' access to to~ of Convautt . Page 7 09/06/01 23:09 CONVAULT FLORIDA, INC. {352) 748-6820 ~o00 FR = Filbite (pumping equipment) pKG = package AJ/prices are F.O.B~ W"ddwood, F/or/da 50 u~i~s OR 500 addili°nai fmighL lA 2 1-48x4 ~ gallons, ; Socks,= 2-pair Nitrile I suct., battery cable $1,o36.oo $889.o~ $1,203.00 Feat Sorb, 1-18x18 Pe~ Sorb, 1-18x18 r'~_'_r Ni~l~ G~ =ea~ Stub, 5-18x18 lnstmctkms, U.NJDOT-Dmm $165.0{~ ' Pa~e 8 Requested City Commission. Meetin~ Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned into Citw 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 B.5 Date Final Fo~ Must be Turned in to Ci~ 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 award a contract to Azurix North America Underground Infrastructure, Inc. (formerly known as Madsen-Barr/Philip Utilities Management Corporation, Inc.) in the amount of $173,752.00 by piggy- backing a Board of County Commissioners - Orange County, Florida contract for Storm Sewer Line Slip l,ining Rehabilitation (Contract #Y0-103). EXPLANATION: The Utilities Department has identified various locations where stormwater pipe is deteriorated and failing due to corrosion. This project is the first of many. Four locations are in the Sky Lake Development, which is east of Congress and north of Old Boynton Road. The fifth location, NE 20th Lane is south of Gateway Blvd and east of Federal Highway. This slip lining process will not only renew and strengthen pipes, but will minimize the impact on property owners. Some of the pipes in the Sky Lake area are in inaccessible areas or areas too close to houses, patios, pools, etc. for excavation- type repairs. The NE 20th Lane area has a lot of landscaping that would be impacted. These pipes are in danger of collapsing and pipe failure would cause flooding and fight-of-way problems. Azurix (Madsen-Barr) was awarded the Orange County contract in January 2000, which has been extended through January 2002. Orange County is satisfied with their responsiveness and project completion. SSBULLET1N~ORMS'cAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM PROGRAM IMPACT: These repairs will reduce the number and frequency of emergency responses to sinkholes and collapsed roads, which are considerably more expensive and upsetting to the communitv. FISCAL IMPACT: $200,000.00 is currently budgeted in the Stormwater Renewal and Replacement account, 405-5000-590- 96-09, STM017 for this project. ALTERNATIVES: Rather than using this slip lining method, we could excavate the areas and impact the residents by disrupting the easement areas. Or if we want to hold off on this type of project, we could let the pipes deteriorate further. We do not recommend either option, as they are not in the best interest of our customers nor the general public. Department Head0s Signature C~ty Manager's Signature Department Name City Attorne~ / ~:inan~/~l~[uman Resource~ ~'~ CC: John Guidry Mark Law Mark Bobich Barb Conboy Bill Atkins - Procurement Services S:~BULLETINWORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R- 01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ,BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY-BACK" BID OF THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, AWARDED TO AZURIX NORTH AMERICA UNDERGRUOND INFRASTRUCTURe, INC., FOR STORM SEWER LINE SLIP LINING REHABILITATION (CONTRACT NO. YO-103), IN THE AMOUNT OF $173,752.00; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Utilities Department has identified various locations where stormwater pipe is deteriorated and failing due to corrosion, and this project is the first of many; and WHEREAS, four locations are in the Sky Lake Development, which is east of Congress and north of Old Boynton Road, the fifth location, NE 20th Lane is south of Gateway Blvd. And east of Federal Highway; and WHEREAS, the City of Boynton Beach desires to "Piggy-Back" a Board of County Commissioners - Orange County, Florida Contract for Storm Sewer Line Slip Lining Rehabilitation (Contract #YO- 103)/ 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 "piggyback" of the Board of County Commissioners - Orange County, Florida Contract for Storm Sewer Line Slip Lining Rehabilitation in the amount of One Hundred Seventy-Three Thousand Seven Hundred Fifty-Two ($173,752.00), and authorizes the Mayor and City Clerk to execute a Proposal, attached as Exhibit "A",. Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED this __ day of October, 2001, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk s:ResoXPiggy-Back-Azurix Storm Drain - Utilities. Commissioner IFB NO. Y0-103-BI INVITATION FOR BIDS FOR ONE (1) YEAR TERM CONTRACT, WITH RENEWAL CLAUSE,' FOR STORM SEWER LINE SLIP LINING REHABILITATION Mail or Hand Deliver ORIGINAL BID FORM & TWO COMPLETE COPIES by October 21, 1999, 2:00PM To: BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA PURCHASING AND CONTRACTS DMSION ORANGE COUNTY ADM]NIS~TION CENTER 201 SOUTH ROSALLND AVENUE - 3RD FLOOR ORLANDO, FLORIDA 32801 Bid Opening: October 21, 1999 - 2:00 PM Commissioners' Work Session Room Orange County Administration Center, First Floor Orlando, Florida 32801 Pre-Bid Conference - October 8, 1999 - 2:00PM Orange County Purchasing and Contracts Division 201 S. Rosalind Avenue, 3~ Floor Purchasing Conference Room Orlando, Florida 32801 NOTICE TO BIDDERS/OFFERORS To ensure that your bid/proposal is responsive, you are urged to request clarification or guidance on any issues involving this solicitation before submission of your response. Your point-of-contact for this solicitation is William Irvine at 407/836-5634. PART A I I I I I I I I I I I I I I R I D A PURCItASING AND CONTRACTS DIVISION JOttNNY M. RICItARDSON, CPPO, CACM, Manager I101 5outh Rosalind Avenue, 3rd Floor · Reply To: Po~t Office Box 1393 · Orlando, Florida 32802-1393 (407) 836-,5~I~ · FAX (407) 806-5899 ' http://www, on~gov, n~t January 6, 2000 Mr. John Stokes Madsen-Barr/Philip Utihties Management Corp., Inc. 100 Applewood Drive Longwood, Florida 32750 Re: TRANSMITTAL / PROJECT NO. Y0-103-BI One (1) Year Term Contract, With R.enewal..Clause, For Storm Sewer slip Lining Rehabilitat{on Gentlemen: Enclosed is your executed contract for the referenced project. The Roads & Drainage Division will issue the date for the pre-construction/work meeting. The Official Notice to Proceed will be discussed and predetermined at that time. Please note that no work is to begin until official notice has been issued. Should any work be~n before receipt of the official notice, it will be solely at the contractor's own risk and shall not obligate the County in any way. Please feel free to contact me if you have any questions. w~li~ J. [4a';i~PB, csM Senior Contract Administrator cc: Nancy Smoot.s, Business Development Karen Holder, Finance Carl Elliott, ROads & Drainage Division -i' i i i i i i I I I I. I I I Contract No: Y0-103 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA CONSTRUCTION TERM CONTRACT CONTRACT: Made between the Board of County Commissioners, Orange County, Florida (hereinafter called COUNTY), represented by the Manager of Purchasing and Contracts executing this Contract, and: MADSEN-BARR/PFflI.IP UTILITIES MANAGEMENT CORPORATION~ INC. 100 APPLEWOOD DRIVE LONGWOOD, FLORIDA 327~0 Federal Identification Number: 760469163 The CONTRACTOR shall perform all the Work required, by the Contract Documents for the proper execution and completion of ONE (1) YEAR TERM CONTRACT, WITH RENEWAL CLAUSE~ FOR STORM SEWER LINE SLIP LINING REBABIL1TATION irt full accordance with the drawings and as elaborated in the specifications of Invitation for Bid No, Y0-103-BI (hereinafter referred to as IFB) which is made a part 0fthis Contract as completely as if set forth herein. AMOUNT OF CONTRACT: The County shall pay the Contractor in current funk and in accordance with Release Orders issued as Stated herein, for performance of the work, subject to additions and deductions by Change Order as provided in the Contract Docments, the estimated annual contract amount of: THREE MILLION ONE HUNDRED TltlRTY-NINE ~OUSAND EIGHT HUNDRED DOLLARS AND NO/100 ($3,139,800). ASBESTOS FREE MATERIALS: All work under this COntract will be constructed with asbestos free materials. A written, notarized statement on companY letterhead is to be submitted with the executed contract certifying this fact. All payments shall be withheld until such statement is submitted. Contractor shall agree that if materials containing asbestos are subsequently discovered at any future time to have been included in the construction done by the Contractor or any of its SubconWactors or agents and were not specified in the design or required by the contract document, Contractor shall be liable for all costs related to the abatement of such asbestos and damages or claims against the County. I ADMINISTRATIVE DATA: Payments: Based upon invoices submitted to the Project Manager by the Contractor and Release Orders issued by the Project Manager, the COunty shall make payments against the Contract to the Contractor as provided in the ContraCt Documents as follows: Upon Final completion of a Release Order, one hundredpercent (100%) of the order amount, less such amounts as the County shall determine for all incomplete work and unsettled claims as provided in the Contract DOcuments, shall be paid. Should the Contractor fail to complete all Work on or before the date stipulated for completion on a Release Order, or such later date as may result ~om an extension granted by the County, he shall pay and/or the otherwise to be paid to ~the Contractor each consecutive calendar day after the work is complete, Which sum is damages Work within time as injury to County which could result: is uncertain the compensation sum of $100.00 for the entire of the that the for liquidated CONTRACT DOCUMENTS: This contract hereinafter called the County, represented by the Contracts executing this contract named above, hereinafter called the Contractor. hereto do mutually agree as follows: and The Contractor shall ,fumish all £ and materials and perform the Work described Release Order in strict accordance with the General Provisions, Plans and Specifications and other Contract Documents, all of which are made a part hereof and designated as follows: a. Orange County InvitatiOn for Bids/Project Manual, IFB No. Y0-103-BI, dated September 20, t999; (which contains the Invitation for Bids, Legal Notice, Instruction to Bidders, Bid Form and Attachments, this Contract, required Bonds and insurance certificates, General Conditions,. Supplementary ConditiOns/Special Provisions, and Specifications b. Addendum No. 1-, 1.0/11/99 c. Madsen-Barr/Philips Utilities Management Corporation, Inc. I. Bid Proposal dated October 21, 1999; d. Certificates of Insurance; e. Payment/Performance Bonds; llI. The order of preference of items and documents is as follows: Construction Contract Drawings Specifications Supplemental Conditions/Special Provisions General Conditions Permits Bid .Proposal Instructions to Bidders This isa term contract for the time period specified in the referenced Invitation for Bid, for the products/services covered by this Contract. The County is not obligated to purchase any minimum amount of products or services, unless otherwise stipulated in the Invitation for Bid. VII Release Orders shall not exceed $100,000 without the express written authority of the Purchasing and Contracts Division. This contract is effective ,January 15, 2000 and shall remain effective through January 15, 2001. This contract may be unilaterally renewed as provided in the Contract Documents, Part F, Article 28, "Option to Renew". Any amendments to this contract must be in writing. VIII* This contract may be cancelled or terminated as provided for in the Invitation for Bid. IX. Ordering against the Contract: Unless otherwise specified in the Contract, the County will place orders by issuance of a numbered Release Order against this contract. Each Release Order will specify the locations, description and completion time of the work. The obligations of Orange County under this contract are subject to need and availability of funds lawfully appropriated for its purpose by the Board of County. Commissioners. X. Taxes: The County has the following tax exemption certificates assigned: Certificate of Registry No. 59-70.-004K for tax .free transactions under Chapter 32, Internal Revenue Code; B. Florida Sales and Use Tax Exemption Certificate No. 58-12-090729-53C. XI. Invoicing: A. Invoices must be submitted, in duplicate, referencing this contract number and the Release Order number to: Orange County Finance Department P.O. Box 38 Orlando, Florida 32802 B. Invoices against this contract are authorized only at the prices stated in your bid response, unless otherwise provided in the Invitation for Bid. TIME OF COM1VI~NCEMENT AND FINAL COMPLETION: Work to be completed within period specified on individual Release Orders, unless amended by written Change Order executed by both parties to this Contract. MISCELLANEOUS PROVISIONS: I. Terms used in this Contract which are defined in the General Conditions shall have the meanings designated in those conditions. II. County and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns, and legal reprehentatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. llI. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the provisions of this Contract will be held in Orange County, Florida. BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA M~fager of Purchasing and C~'ntraets Division DATE BY MADSEN-BARR/PI:IHIPS UTILITIES MANAGE~ CORPORATION,!INC.-- · , . JOHN STOKES Type or Print Name December 21, 1999 03-BI STORM SEWER LINE REHABILITATION . BID ITEM SCHEDULE t. --.l~me~,ber Quantity Unit BASE PRICE - DESCRI~TiON Unit Price Total ' ' 1" ru18" . ~ 1 1500 LF L~ght Clean ng - 5 th $1.00 ! $1,500.00 2 1500 LF Medium Cleaning ~ 15~' thru 18" $2.00 $3,000.00 · 3 .1500 LF Heavy Cleaning - 15" thru 18" t $3.80 $5,700.00 4 1500 LF Light Cleaning - 24" thru 42'' $2.50 $3,750.00 5 1500 LF Medium Cleamng - 24 thru 42 $6.50 $9,750.00 6 1500 LF Heavy Cleaning- 24" thru 42" $18.00 $27,000.00 I. · ' '" 0" $7,500.00~__ 7 1500 LF L~ght Cleaning .- 48 thru 6 $5.00 8 1500: LF Medium Cleaning; 48" thru 60" $15.00 $22,500.00 9 1500 LF Heavy Cleaning. -~ 48" thru 60" $20.00 $30,000.00 10 475 LF Furnish and inStall 15" ClPP Lining (less than 500 LF) (7.5 mm) $56.00 $26,600.00 11 1000 LF Furnish and ~nstal115 ClPP Lmg (500 LF to 1,000 LF) (7.5 mm) ~ $54.50 $54,500.00 12 1200 LF Furnish andlnstall 15 CIP Lining (1 000 LF or more) (7.5 mm) $54.00 $64,800.00 13 475 LF Furnish and ~nstall 18 ClPP L~n ng (less than 500 LF)(7.5 mm) $68.00 $32,300.00 14 1000 LF Fumish and install 18" CIPP Lining (500 to 1,000 LF) (7.5: mm) $65.00 $65,000.00 15 1200 LF Furnish and Install 18 CIPP Lm ng (1,0001LF or more) (7.5 ~m) . $60.00 $72,000.00 [ ~ 16 475 LF Fumi~hand instal1 24'' ciPP L~ning (less than 500 LF).(9 mm) $95.00 $45,125.00 , _, 17 1000 LF Furnish and install 24" ClPP Lining (500 t° 1,000 L~, (9 mm) i $90.00 $90,000.00 18 '1200 LF Furnish and install 24, ~CIPP Lining (1,000i LF or more) (9 mm) $85.00 $102,000.00._ 19 475 LF Furnish and install 30" 'ClPP Lining (less than 500 LF) (10.5 mm) $110.00 $52,250.00 20 ~ 1000 LF Furnish and install 30" CIPP Lining . (500 ~e 1,000 LF) (10~5 mm) $105.00 $105,000.00 ..... ~: in ~ln g 21 1200 LF Fumlsh and install 30 CIPP ' (1 i000 LF or m°re) (10.5 mm) $100.00 $120,000.00 ..... " ' in 22 475 LF Furnish and install 36 CIPP L~n g ~!~--~ than 500 LF) (15 mm) $140.00 $66,500.00 23 1000 LF ' Furnish and install 36 cIPP L~mng (500 tO 1,000 LF) (15 mm) $134.00 $134,000.00 Fumes d n , . 24 1200 LF ' h an' i stall 36' CiPP Lmmg (1,000 LF or more) (15 mm) $128.00 $153,600.00. 25 475 LF Furnish and install 42" CIPP Lining ~ (!~ than 500 LF) (13.5 mm) $160.00 $76,000.00 26 1000 LF Fumi~-~nu install 42" CIPP Lining (500 to1,000 LF) (13.5 mm) $155.00 $155,000.00 ADDENDUM # 1 REVISED D-2 (A) Item Quantity Unit DESCRIPTION Unit Price Total number 27 1200 LF Furnish and install 42" CIPP Lining (1,000 LF or more)(13.5 mm) $150.00 $180,000.00 Fumish and install 48, CIPP Lining 28 475 LF (less than 500 LF)(13:5 mm) $200.00 $95,000.00 Furnish and install 48 ClPP L~m g 29 1000 LF ' (500 to 1,000 LF) (13.5 .mm) $195.00 $195,000.00 Furnish and install 48~' CIPP'Lining 30 1200 ' LF (1 iO00 LF °r mo~.e) (13.5 mm) $190:00 $228,000.00 Fumi§h and install 54i CIpp Lining ' : : 0 31 475 LF (Iess than 500 LF)(13.5 .mm) $270,00 $128,250. 0 32 1000 LF Ii. I' ' : i : Furnish =and install 54" C!P1P Lining . 33 1200 LF (1,000 LF or more) i(2 imm);: $290.00 $348,000.00 Furnish and i:nst~ll 1.2" PVC/POLY Lining 34 475 LF (leSS ~han 500, LF : ' ; $53,00 $25,175.00 FurniSh and install t2 '~ PVC/POLY Lining 35 1000 LF (500 to 1,000 LF)' ~ i : $51.00 l;51,000.00 FurniSh and insfa 12" PVC/POLY Lining ?,,: ,, 9.oo __ 36 1200 LF (1,000 LF °r~11, -- $58,800.00 37 ~ LF -i -.~ $1,500.00 - _~ $2.00 $3,000.00 38 ~ LF 39 ~ 1---~-b-~--- ------~F ~ $5,700.00 ~ 475 LF Furnish and msta :) L~;: ~: NoBid No Bid (less than 5(; ~ 41 1000 LF ( 500 tO i,0! it~, ' NO Bid No Bid FumiSl~ andiinSts ! 15 i pvC/pOLy LINING 42 1200 LF Furnish and inst~ I 15i PvC/POLY LINING ( 1,000 LF (:'.;n~;iei, ", : No Bid No Bid 43 475 LF Furnish and install !8" PVC/POLY Lining , ' ~ , No Bid No Bid (less than 500:,LF),I: . . . 44 1000 LF Furnish and install 18? PVC/POLY L~mng ( 500 to 11000 L~ No Bid No Bid ' an intstall '8" PVC/POLY Lining 45 1200 LF Fumlsh d : , ¢ No Bid No Bid (1,000 LF or !mo e) -- ADDENDUM~I i IFB NO. YO-103-BI BASIC YEAR TOTAL: REVISED D-2 (B) $3,139,800.00 STORM SEWER LINEREHABtLITATION BID ITEM scHEDULE ~ -~ltem Quantity Unit OPTION YEAR #t - DESCRiPTiON Unit Price To~al lmber ~ 46 1500 LF Light Cleaning ~ 15" thru 18" $1.00 I $1,500.00 47 1500 LF Medium Clegning - 15" thru 18" $2.00 = $3,000.00 48 1500 LF Heavy Cleaning - 15" thru 18" $3.80 $5,700.00 _ 49 t 1500 LF Light Cleaning - 24" thru 42" $2.50 $3,750.00 50 1500 LF Medium Cleaning' 24" thru 42" $6.50 $9,750.00 51 1500 LF Heavy Cleaning- 24" thru 42" $18.00 $27,000 00 52 1500 LF Light Cleaning - 48" thru 60" $5.00 $7,500.00 53 1500 LF Medium Cleaning - 48" thru 60" $15.00 $22,500.00 54 1500 I LF , Heaw Cleaning -48'; thru 60" $20.00 I $30,000.00 475 LF Furnish and install 15" ClPP Lining 55 (less than 500 LF) (7.5 mm) $56.00 $26,600.00 1000 LF Furnish and install 15 CIPP Lin g 56 (500 LF to 1,000 LF) (7~5 mm) 1 $54.50 $54,500.00 1200 LF Furnish and install 15" CIPP Lining 57 (1,000 LF or more) (7.5 mm) $54.00 $64,800.00 475 LF Fumishl and install 18" ClPP Lining 58 (less than 500 LF) (7 5 mm) $68.00 $32,300.00 1000 LF Furnish and install 18 CIPP Lin g 59 (500 to1 000 L?, (7,5 mm) $65.00 $65,000.00 1200 LF Furnish and install~~8 CIPP Lining (1 000 LF or more)(7.5 mm) $60.00 $72,000.00 60 · · " "in · 475 LF Furnish and install 24 CIPP Lin g 61 (leSs than 500 LF) (9 mm) $95.00 $45,125.00 ........ ii ...... 1000 LF Fum~sh and in=t=[I 24 CIPP L n ng 62 (500 to 1,000 LF)(9 mm) $90.00 $90,000.00 :~ r 1200 LF Furnish and install 24 CIPP Limng ' (1 ;000 LF or more) (9 mm) $85.00 $102,000.00 i 63 475 LF Furnish and install 30" CIPP Lining 64 (less than 500 L~ (10;5 mm) $110.00 $52,250.00 'I 1000 LF Fumi~h and:install 30" ~IPP Lining i 65 (5~0:[~) 1,~00 LF)(10:5 mm) $105.00 $.105,000.00 ' 1200 LF FurniSh and install 30" CIPP Limning ' ·(1,000 LF Or more) (10.5 mm) $100.00 $120,000.00 I 66 Fumish and install 36" ClPP Lining i 475 LF (less than 500 LF)(15 mm) $140.00 $66,500.00 67 1000 LF Furnish and; in~m~l 36 CtPP Lining 68 (500 to t ;000 L~, (15 mm) $134.00 $134,000.00 I 1200 LF FumiSh and ir=~ll 36 CIPP Lining (1,000 i.F Or mOre) (15 mm) $128.00 $153,600.00 ,~ 475 LF Furnish and !nstal142 CIPP L~mng II 70 (1~ than 500 LF) (13.5 mm) $160.00 $76,000.00 ! 1000 LF Furnish and install 42" CIPP Lini.ng (500 to 1,000 LF)(13~5 mm) $155.00 $155,000.00 i 71 ^rm.-kin, [t~ ~ ~ REVISED D-2 (C) IFB NO. YO-103-BI Item Quantity Unit DESCRIPTiON Unit Price Total t I I ! I I number 72 1200 LF Furnish and install 42" CIPP Lining (1,000 LF or more) (13.5 mm) I $150.00 $180,000.00 Furnish and install 48" CIPP Lining 73 475 LF (leSs than 500 LF)' (13 5 mm) $200.00 $95,000.00 74 "1000 : ' I ~ ~ L ' r : : $195:00 $195,000'00 75 1200 LFi "n~s~' im4~;'e~l ~' ~imn imn ~ ~ ,190 00 $228,000.00 r . Furnish:and install 54:~ CIPP L~nmg 76 475 ~ LF (less than 500 L~) (13~5 mm) $270 oo $128,250.00 : FurniSh and install 54' C1PP Lining ~" 77 1000 LF (500 to 11000 L~(21 imm). ~ $295.00 $295,000.00 . Furnish d ! Cl 78 1200 LF (1,0 0 i ', ! i, :?(.~ i' '~ $290.00 $348,000,00 Fumi~h and ihsrtatl 1'2' PVC/POLY Lining .... ~ [ r $25,1 79 475 LF (less than 500 LF:~. ~- ~ $53.00 75.00 FHmi~h and install 12 "~ PVCIPOLY Lining S0 1000 LF , (500to:1,000 LF) ,: ~i $51.00 $5i,000.00 Fumish and ihS~ll !2 = PVCIPOL¥ Lining 81 _. 1200 LF (1,000 LFiOrm0re) · i'r.:= $49.00 $58,800.00 82 --~--500 ~ $1.00 ---~--1 ,500.00 83 ~ ~ ~'--~,000.00_ -----------~----~ ~ LF 475 NO' Bid NO Bid 85 Furnish and' ll~,i ~5 PVC/POLY LINING 1000 LF (500tol,000L~,, ' ~ NoBid Noeid 86 Furnish and ins,taft ~5 PVC/POLY LINING 1200 LF ( 1,000 LF o,~,~or,,e) No Bid No Bid 87 475 LF Furnish and !rlstaf1.18., PVC/POLY Lining (less than ~ L~' ; No Bid No Bid :a d ~ ~- ~ ~t8 PVC/POLY L~mng 1000 LF ~, Fum~sh n n~ ~ ( 500 to 1,,0.00 J~,. !'~ No Bid No Bid ag 1200 LF Furnish nd !~st.alji!lB. PvcIPoLY Lining 90 . _ No Bid No Bid ADDENDUM~I IFB NO. YO-103-B! OPTION YEAR #1 TOTAL: REVISED D-2 (D) $3,139,800.0 REHABII TATION BID ITEM SCHEDULE Item Quantity Unit OPTION YEAR #2rt~DESCP-,JPT~ON Unit Price Total ~mber 01 1500 LF Light Cleaning - 15" thru 18" 1.06 $1,584.00 92 1500 LF Medium Cleaning - 15" thru 18" 2.11 $3,188.00 93 1500 LF Heavy Cleaning - 15" thru 18" 4.01 $6,019.20 94 1500 LF Light Cleaning - 24" thru 42" 2.64 $3,060.00 05 ' 1500 LF Medium Cleaning - 24" thru 42" 6.86 $10,296.00 96 1500 LF · Heavy Cleaning - 24" thru 42" 19.01 $28,512.00 97 . 1500 LF ' Light Cleaning - 48" thru 60" 5.28 $7,920.00 98 1500 LF Medium Cleaning - 48" thru 60" 15.64 $23,760.00 99 1500 LF Heavy Cleaning - 48" thru 60" 21.12 $31,680.00 100 475 LF Furnish and install 15" ClPP Lining (less'than 500 LF) (7.5 mm) 59.14 $28,089.60 101 1000 LF Furnish and install 15" CIPP Lining (500 LF to 1,000 LF) (7.5 mm) 57.55 $57,552.00 102 1200 LF Furnish and install 15" CIPP Lining (li000 LF Or more)(7.5 mm) 57.02 $68,428.80 103 475 LF Furnish and install 18" ClPP Lining (less'than 500 LF)(7.5 mm) 71.81. $34,108.80 104 1000 LF Fumish and install 18" CIPP Lining :(500 to 1,000 LF) (7.5 mm) 68.64 $68,640.00 105 1200 LF FUrnish and install 18" CIPP Lining (1,000 LF or more) (7.5 mm) 63..36 $76,032.00 106 475 LF Furnish and install 24 CIPP L~m g (less than 500 LF) (9 mm) 100.32 $47,652.00 107 1000 LF Furnish and install 24" CIPP Lining (500 to 1,000 LF) (9 mm) 95.04 $95,040.00 108 1200 LF Fumish and install 24" ClPP Lining (1,000 LF or more) (9 mm) 89.76 $107,712.00 109 475 LF Furnish and install 30 IPP Lining (lesS than 500 L,,F) (10.5 mm) 116.16 $55,176.00 110 1000 LF Fumish and install 30 CIPP Lining (500 to 1,000 LF!, (10.5 mm) 110.88 $110,880.00 111 1200 LF FurniSh :and install '3D ClPP Lining (1,000 LF or more) (10.5 mm) 105.60 $126,720.00_ 112 475 LF Furnish and install 36 ClPP Lin ng (less than 500 LF) (15 mm) 147.84 $70,224.00 · ' ' in 113 1000 LF Furnish:and install 36 ClPP Lin g (500 to 1,000 LF) (15 mm) 141.50 $141,504.00 114 1200 LF Fumish and install 36" ClPP Lining (1,000 LF or mbre) (15 mm) 135.17 $162,201.60 115 475 LF Fum~sh and ~nstall 42 CIPP Lmmg (less than 500 LF) (13.5 mm) 168.96 $80,256.00 116 1000 LF FurniSh and install 42" ClPP Lining (500 to 1__.'000..,,,-,, LF).(13.5 ,, ,,mm) ,,-, 163.68 $163,680.00 ADDENDUM # 1 ;ED D-2 (E) IFB NO. YO-103-BI item Quantity Unit DESCRIPTION Jnit Price TotalI number -- 117 I 1200 i LF Furnish and install42" CIPP Lining (1,000 LF or mo,r,e) (13.5 mm) 158.40 $190,080.00 FUrnish a,,d install 48 CIPP Lining $100:,320.00 118 475 LF ( ess than 500 LF) (13 5 mm) . 211.20 119 Furmsh ~,nd ~nstati 48 CIPP Lira g. 1000 LF (500 to 1,000 LF) (13.5 mm) : r 205.92 $205 920.00 Furnish and instal! 48" CIPP Lining 120 : t ;1200 LF (1,000 LF or mo~.e) (13 5,mm) 200,64 $240,768.00 121 FurniSh and install 54 CIPP Lining~ 475 LF (less than 500iLF) (13.5 mm) . :. 285.12 $135,432,00 Furnish and install 54'7 CIPP Lining : 122 (500 to 1~000 LF) (21 mm) 311.52 $311,520.00 1000 LF Furnish and in?al! 54!'? CIPP Lining 123 I (1,000 LF or mor~) (21 mm) 306.24 $367,488.00 1200 LF Furnish and install 12 PVC/pOLY Lining 124 (less than 500 LF ~,~ ' ~ ~ 55.97 1 $26 564.80 475 LF Furnish and install 12 ~PVC/POLY Lining 125 ' L ~ ~' 53.86 $53,856.00 1 (500 to 1,000 F) ,, ~: 1000 LF FurniSh and i?tal 12 PVC/POLY Lining 126 . (1,000 LF'or m,}re) tli _ 51.74 $62,092.80 1200 LF -- i 27 1500 LF ~ 1.06 $1,584.00 ~ ~- LF 2.11 $3,168.00 12~---- ----~-0 -[-F ~ 4.01 $6,019.20 1----~-b~ ~5 LF ii'~ ~ ~/~©LY LINING 0 LF) No Bid No Bid 13-------~ -- 1000 LF ~~d ~ ( 500 to 1, ~; i, F) : No Bid No Bid 132 1200 LF . 00 LF ( r more) ' No Bid No Bid ( 1,0 i'~ i i 133 475 LF (less than 50(] LF) i, ' No Bid No Bid 1-~---- ~- LF ( 50Oto ~,O(10 LF)~ No Bid No Bid 13------5---1200----- LF Lining (1,000 LF 'or r ~Ore) No Bid No Bid OPTION YEAR #2 TOTAL: $3,315,628.80 $3,139,800.00 $3,139,800.00 $3,315,628.80 I I BASIC YEAR TOTAL: OPTION YEAR #1 TOTAL: OPTION YEAR ~ TOTAL t ADDENDUM~I REVISED D-2 (F) FB NO. YO-103-BI . A;urix Azurix North America Llnderground Infl'astructure inc. 11 l 7 ,'~ ~g~ 55d~ Street ~t. Lam~e~dale. FL 33309 Telephone /954J 56i-0942 Fax 954) 49~-5427 FL~ CU C023665 PROPOSAL Submitted To: City of Boynton Beach Date: ' June 18, 2001 124 E. Wonlbright ROad Phone: (561) 742-6420 Boyutou Beach, FL 33435 Fax: (561) 742-6299 Cell: Attn: Mr. Mark Bobi¢h Job Name: , Location: Storm Drain System Boyntou r , Bern:h, Florida We Propose hereby to furnish material and labor-complete in accordance with specifleatious below, for the sam of: See Below Payment to be made as follows: 100% Due within 30 days after completion of acceptance We hereby aubmtt specifications and estimates as follows: Azurix North America will provide all labor, material and equipment to perform the following repairs: ITEM DESCRH~TION QTY 'UNIT PRICE TOTAL I NE 20a lane # 628 - 18' ' 9mm 350 Cool 26,740.00 26,740.00 2 NW 11m Street # 10~3- 4~" 16.qram 174 Co~t 33,408.00 33,408.00 2.1 NW 11' Street #180.3 16.Sram 174 COnt. 33,408.00 33,408.00 3 NW 13a Strut # 1258- 36'~ lflmm 162 Co~t. 25,596.00 25,596.00 4 ~ 10~ Com't #1091 - 42" ' ; 16.$mm I?S Coat. 3.3,600.00 3.3,600.00 $ Install Ma-hole On 42" Line(item #! 2 above) Ia 21,0~0.00 21,000.00 $173,7~2.00 Nots.st: l) City to provide ~' Hydrant Moter for cletulnf & processb~. 2) No permits ere ino. hzded with thb propostL 3) Prleou m piff~oecked off orour current Omnfe County Cont~uct. Acceptance of Propo~.l---The above prices, speeifleatiOns and conditions are mtisfactory and are hereby accepted. You are authorized to do the work as spedfled. Payment win be made as outlined above. Date of A~e~: Authori~ Sipatur~:. SEE MAP NO. 93 __ ~,DOGWOOO ITtYE AVE AVE Harlowe Av Lothai~ Ay PANDORA RUSKIN iity of Boynton Beach CL'[I :24 E. '-~,~-olbn,~n: 2~,ad Off: ~" f:.'.q 3erich, Fh rtda 3~4f, 5 Fax 1 ROXBURY { ~2 MEDFORD CT [3 HAYDEN CT 9 AMHERST [4 WHEATLEY RD 10 ANDOVER 5 WHEATLEY CT 11 BRADFORD CT 16 FOXBORO CT 12 CHADWICK CT DRYDEN CT 13 COPLEY CT NW 2.7 MAHOGANY 'COUNTRY 'L CLUB ~PL ,I PL ;IR .PI.. L~ NL~ CEDAR RIDGE )mmerce Rd QUANTUM Canal '~ C- 16 Boat Bo~nton NW BEACH Commons MALL Shopping Center , p!a CREEK OCEAI .j PURCHASING.~rD CONTRACTS DMSION i .h P*Ee~ #YO-10~.DB - AME t #! to regarding this Adelle Specialist C: P~t Davis- Public Works Fiscal Section (original) Deodat Budhu - Public Works Roads & Drainage (copy) John Pardesi - Public Works Ro~s & Drainage (copy) C~I Elliot,- Public Works Roads & Drain~e (copy) ~ Don~tto - Finance (copy) Fitzhugh Long - Business Developmem (copy) File YO- 103-DB ,/ CONTRACT AMENDMENT No. ~I CONTRACT Y0-103 ONE YEAR TERM CONTRACT, WITH RENEWAL CLAUSE, FOR STORM SEWER LINE SLIP LINING REHABILATION MADSEN-BARR/PHILIP d/b/a AZUP, Df NORTH AMERICA Option No. #I of the Contract for the period of January 15, 2001 to January 14, 2002 is hereby atgeed to by the parties executing tht~ amendment. All other terr~ nnd conditions of the original Contract remain the same. MADSEN-BARR/PHILIP d/b/n AZURIX BOARD OF COUNTY COM~VIISSIONERS ORTH AMEI~CA ORLANDO, ORANGE COUNTY, FLORIDA ~Ianager, Pur~aslng and Contrnct~ Division Rvgi 1%rz2/I~db PLrRCHASLNG AND CONTRA~ DMSION JOHNNY M. RICEIARDSObt, CPPO, CACM, Mano, oer January 6, 2000 Mr. loire Stokes Mads~-B~Mlip Utilities Management Corp., Inc. 1 O0 Applewood Drive Longwood~ Florida 32750 Re-' TRANSMITTAL / PROJECT NO. Y0-103-BI One (1) Year Term Contract, Wi~ Rene.wtl Clause, For Storm Sewer Slip Lining Rehabilitation Gcntlcmcn: Enclosed is your executed contract for the referenc~ project. The Roads & Drainage Division will issue the date for thc pre-construction/work meeting. Thc O~cial Notice to Proc, ced will be discussed and pred~crmmed at that time. Please note ~t no work is to begin until official notice Ires bc~m issued. Should any work begin before receipt of thc official notice, it will bc solely at the contractOr's own risk and shall not obligate thc County in any way. Please feel free to contact me if you have any questions. WiLti h e. PS, Sen/or Contract Administrator cc: Nancy Smoots, Business Development Karon Holder, leimmce Carl Elliott, Roads & Drainage Division Contract No: Y0-10~ BOARD O1~ COUNTY COMMISSIONERS ORAb[GE COUNTY, FLORIDA CONSTRUCTION TERM CONTRACT CONTRACT: Made between the Board of County Commissioners, Orange County, Florida (hereinafter call~d COUNTY), represented by th~ Manag~ of Purchazing and Con~act~ executing this Contract, a. ud: MAD~EN-B~PHILIP UTILITIF~ MANAGEMENT CORPO~ON, INC. 100 APPLEWOOD DRIVE LONGWOOD, FLORIDA 327~0 F~etal Id~tificafion Number:. 760469163 The CONTRACTOR shall p~t'orm all the Work required by the Contract Documeat~ for the proper execution and completion of ONE (1) YEAR TERM CONTRACT, WITH R~NEWAL CLAUSE, FOR STORM SEWER LINE SLIP LINING REHABILITAT/ON in full accordance with thc dmwin~ and m ~labo~ ia the specifications of l~vit~tion for Bid No. Y0--10~-BI (hemin~er referred to az II~) which is made a part of this Contr~t as complct¢ly az ffset forth her~. AMOUNT OF CONTRACT: The County shall pay tho Contractor in current funds and in accord~ce with R~l~ase Orders issu~ az stated herdn, for performance of tho work, subject to additiom and ckductiOns by Change Order as provided .in the Contr~ ~nt~, ~ho ~ima~xi annual contract amount 'of' THREE ONE HUNDRED THIRTY-NINE THOUSAND EIGHT AND NO/100 ($3,139,800). A~BESTOS FREE. MATERIALS: All work undcr this Contract will be constructed with asbestos free materials. A written, notarized statement on company le~rhead is to be submitted with the execu ,t~, contract certifying this fact. All payments shall be withheld until such statement is submitted. Cortlractor shall agree that ifmaIefials conIairting asbestos are subsequ~tly discovered at any future time to have been included in tl~ construction done by the Contractor or any of its Subcontractors or agents and were not :specified hi the design or required by the conWact document, ConWactor shall be I/able for all costs related to the abatement of such asb~ms and damag~ or claims against the County. ADMINISTRATIV~ DATA: Payments: Based upon invoices submitted to thc Project Manager by the Contractor and Release Orders issued by the Project Manage, the County shall make payments aga/nst thc Con~act to the Contractor as provided in the Contract Docum~m as follows: Upon Fhaal completion of a Rclca.~ Ord=r, one hundred percent (100%) of the order amount, l(~ss such amounts as thc County shall determine for all incomplete work and unsettled claims as provided in the Contract Documents, shall be paid. Should the completion by the County, he shall each consccutive Calenchu work is complcte, which sum Work within: time injury ~ This Provisions, which are made Addendum No. 1-~ of ~s Contract, and Specifications d. Certificates of Insurance; e. Payment/Performance Bonds; III. The order ofpr~£~r~ncu of items and documents is as follow~: Construction Contr~ Drawings Specifications Supplemental Conditions/Special Provisions G-en~ Conditions P~rnits Bid Proposal Imtructiom ~.o Bidders This is a term contract for the time period specifi~ in~e refcremced Invitatiou for Bid, for the products/s~rvic~s covered by Utis Conir~. The County is not obligat~l to purcha,~ any minimum amount of products or s~-vice~ unless othe~se stipulated in the Invitation for Bid. Vo Releme Orders shall not cxc~x] $100~000 without the express written authority o£th~ Purchasing and Contracts Division This contract is effective january 15, 2000 and shall remain eff~clive through January 15, 2001. This contract may be unilaterally ru-n~-wml as provided in th~ Conmu~ Documents, Pan F, Article 28, "Option to Ren~w~. Any amendments to this contract mur~ be in writing. VIE. This conh~'t may be cancelled or texminat~xt as provided for in the Invitation for Bid. IX. Ordering against the Contract: Unless otherwise specified in the Contract, the County will place orders by issuance of a numbered Release Order aga/nst figs contract. Each l~l~as~ Order will sl~ify lira locations, description and compl~ion tim~ ofth~ work. Bo The obligations of Orange County under this contract a~ subject to need and availability of funds lawfully appropriated for its purpose by th~ Board of County Commissioners. X. Taxes: The County has the following tax exempiion ~cate, s a~igned: Certificate of R~--gistry No. 59-70-004K for tax fr~ transactions under Chapt~:r 32, Internal Revenu~ Code; B. Florida Sales and Use Tax Exempt/on Cen/flcate No. 58-12-090729-53C.. XI. Invoicing: Luvoice~ must be submitted, in duplicate, rcfc-r~ncing this contract number ~d O~e R~lea.se Order number to: Orange County Finance Depar~ent P.O. Box 38 Orlando, Florida 32802 Invoices against this contract arc authorized only at thc pric.~ stated in your bid respome, unless otherwise provided in thc Invitation for Bid. TIME OF COMMENCEMENT AND FINAL COMPLETION: Work to bc complc't~l within period sp~cifi~l on individual Releas~ Orders, artless ame~l~l by written Change Ord~,~ecuted by both par~ies to this Contract. .MIS.CELLAN'KOU_S PROVISI_QNS_: I. Terms used in this Contract which ar~ defined in thc General Conditions shall have the meanings designated in those conditions. 'County and Conu'~tor each binds h/mself, his partners, su~essors, assigns and legal representat/ves to the other patty hereto, his partners, sue, o~sors, astir% aud legal rep.~ntafives in respect to all covenants, agmem~ and obligations contained in the Contra~ Docum~ts. This Contract shall be Sovmu~d by th~ laws of the S~.~te of Florida. Any and all legal aclion n~ssar~ to ~fforc~ the provisions of this. Contract will be held in Orange County, Florida. BOABD OF COUNTY COMMISSIONERS MA~SEN-BARR/PI-IILIP$ ORANGE ~~ ~O~A ~ ~AG~ CO~~ON, ~C. 500 ~ .l:l_e.a- Cleaning - 15" mru 1 ~--- ~{ 1500 LF Light Cleaning - 24" thru 42" 1500 LF - Light ~ing, ~l.~r't~ru 60 - 500 t LF, ~Med~um Clean~ 54 1500 '-L LF" qH'e-avy clea-ni~ ss ~_ Oess ~. 500 L~ ~6 (5oo LF to 1,000 LF) 1200 LF Fumish ad~-T6~ii~ 15'" ~j'P-~ 57 I (1~ooo LF °r~) ~.5 m 475 LF FumiSh and ~- ITi-8 .~ <~.ss ~. 500 ~ (7~5 m, 59 ' (500 to 1,000 L~ (7.5 rn~ _ ._ (=1,000 LF or mow) (7.5 m 60 ., 475 i:F Furnish and install 24 OlPP Li ~ess than ~00 LF) (gmm; [ LF Furnish and install 24" C1Fi~:~ 1000 62 (500 to 1,000 LF) (9 mm) 1200 LF Furnish and install 24" CjlSP _ (1,000 LF or ~m~, ! (9 mm 63 475 ~ LF Fumbh an~T--nstalT~-~-CjlSP .1~ ~4 ' (~=man 500 LF) (10.5, ........ 1000 LF FurniSh ~ install 30" CIPP U 65 ' (500~to 1',000 LF) (10.5 m 1200 LF Furnish and instal! 30, CiPP (t,000 LF or mOre) (10.5 l 67 ~ than 500 LF) (15 mn -' 1000 LF Furnish ~ install 36" ClI~i~r Li 68 (500 ~o 1=,~ U=) (15 mm - 1200 LF Furnish a,~ i~l 3~ ClPI~' U e9 ('~ ;00o LF or mom) (1 5 m, 475 LF Finnish taxi !rmtal142" CIPP Li 7o.... (mss' man soo 1000 LF um~sh and ~rtstalt 42 CIPP U STORM SEWER LINE REHABILITATION BID iTEM SCHEDULE Item Quantity Ur Jr OPllON YEAR ~ . DESCPJP~rlON- 46 150(T '- L~' - 15" thru 18" ..... - ' 47 i LF_ _ ADDEND~ iM # 1 IFB NO. YO-103-BI ng Unit Pri~e T~t~I1 ~2.oo { .~.ooo-:oo '] $2..50 -.[. $3'75C~'.0(~.-- i $s.5o t ~,750.00 / $18.00 ~7,000.00 $~.00 $7,500.~ $~.00 $22,500:~ $2O.00'$30,000.~ $56.00 $110.00 $105.00 $100.00 $1.40.00 $134.00 S128.00 $100.00 $72,000.00 ..$~s. ,125:oo _ $102,000.00 $52,25o.oo $t05,000.00 $120,000.00 $86.500.00 $153,600.00 $/6,00O .00 $155,000.00 rtem (:~ntitY un~ number ~- 1200 ~ LF 73 475__ _ LF: 7, 110001 LF 75 76 1000 79 475 80 ~.oo 81 1500 _. 1500 475 1200 4?5--- 89 1200 LF LF LF LF LF LF LF DESCRIPTION Furnish and install 42" C-"~-'~'~Li~ng ~ (1,000 LF or mo~) (13.5 mm) ~-Fumish and ins~a~PP~ (less than Lining LF LIN-NT~- LF Unit Prt~ ~-- $150.00 'I S180,000:00 I $200.00 $195.00 28,250..00. NO Bid No Bid NO Bid No Bid NOBEl NOBEl $3.13.9,800.0 PURCHASI?qG AND CONTRACTS DMSION JOHi~N'Y M. RICHARDSON, CPPO, CACM, Man. gev E. 5outh Screen. ~i ~oor · Re~l~ To: Po~t O~'K:t ~(~ 239~ * Orlando. Florida 8880~.1~ BOARD OF COUNT~ COmmISSIONERS ORANGE COUNTY, FLORIDA ~MENDMENT NO. 1/CONTRACT NO. ~0'103'~I One (1) Emar Term Contra=~, Wi~h l~ewal Clause for Storm sewer Slip Lining Rehabili~a~on This amendment is hereby incorporated into the documents of the project referenced above. The following items are clarifications, corrections, additions, deletions ~nd/or revisions ~o and shall take precedence over the original documents. The following line i~em addi=i0ns are hereby ac~ed to and ITEM # UNIT 12A 25& LF DESCRIPTION _UNIT PRICE 15-inch CiPP THIC~NESSVARI~CE +/- 1.5 m~ $4.10 18-inch CIPP THICKNESS VARIANCE +/- 1.5 m~ $4.60 18A LF 21A LF 24-inch CIPP THICKNESS VARIANCE +/- 1.5~ 30-inch CIPP THICKNESS VARIANCE +/- 1.5mn $5.00 $5.60 24A 36-inch CIPP T~ICKNESS VAKIARCE +/- 1.Shun $6,50 27A LF 30A LF 42-Lnch CIPP THZCKNESS VARIANCE +/- 1.5 mm 48-inch CZPP THICKNESS +/- 1.S mm $~.00 $8.00 33A LF 54-inch CIPP THICKNESS VARIANCE +/- 1.5 mm if you have any ~ums~ons in reference ~o this doaument please cal~ me a~ (40?)-q36'5~34. · ~=~ine, CPPB,C~ ~ior Con,act ~nis~a~r =¢. Carlton ~11io~, Ro&~s & D=ainage Division 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 B.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office luly 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 Date Final Form Must be Turned Meeting Dates in to City Clerk's Oc~ff. me [] September 19, 200l September 5, 2001 (5:00~.) [] October 2, 2001 September 20, 2001 (5:00~_4~.) [] October 16,2001 October3,2001 (5:00p.m~?~, [] November 6, 2001 October 17, 2001 (5:00 p.m.')' [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award a contract to Thermal Concepts of Davie, Florida in the amount of $62,000.00 for replacement of two rooftop HVAC units at Ezell Hester Community Park. EXPLANATION: This replacement is necessary maintenance to assure continued HVAC services to the Hester Community Park gynmasium. A formal bid was issued under Bid # 076-2413-01/CJD for HVAC system replacements at each of two City facilities (Public Library and the Ezell Hester Community Park). This agenda item is to award just the Hester Center contract. The award for the Library replacement will have to be considered at a later date. PROGRAM IMPACT: Thermal Concepts has performed in a satisfactory manner on previous City projects for both the Department of Engineering and Facilities Management and is considered qualified and competent for the performance of this work. RESOLUTION NO. R 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO. 076-2413-01/CJD) TO THERMAL CONCEPTS OF DAVIE, FLORIDA, FOR REPLACEMENT OF TWO ROOFTOP HVAC UNITS AT EZELL HESTER COMMUNIT PARK, IN THE AMOUNT OF $62,000; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the .Department of Engineering received and opened Bids for the above mentioned project, and it was determined that Thermal Concepts of Davie, Florida, was the most responsive bidder who met and exceeded all specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTONBEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid for the replacement of two rooftop HVAC units at Ezell Hester Community Park in the amount of $62,000.00, to Thermal Concepts of Davie, Florida, and authorizes the Mayor and City Clerk to execute a Contract between the parties, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk s:R~o~Bid Award~LI-IVAC~H~ter Park ~ ~>0 ~' o~ ~0 0 'T' N m rn 0 0'0;:0~ ~ o0 m°~z ~ 'oITI mm.r-'° Z -- r- rn Z E~ ZO r- ~ ~C 0 C ~ 0 0 05 ~--Im 3> 0 ~r- 0 r- m ~m C/) >~ Z 0 0 Z ~ -n f. ~ 0 o~ z 0 c 0 o z '< 0 0 m z z " m 0 ~r- o o o ~ C~ -< m 0 0 0 m IT! m m 0 ' -- Z m ~ m o ~ o ~ ~ m ~ z ~ ~ H m ~ m~ ~ ~ ~ ~ ~ m z ~ Oz ~ ~ ~ 0 H - ~ '- 0 ~ ~m 0 m z ~ m ~ ~ ~ ~ 0 ~ 0 0 Z ~· ~ ~ m o ~ ~ Z Z ~ '- ~ .. C~ ~ ~ ~ ~°~~ ~ Z ~ ~ ~ ~ ~ m ~m ~ 0 o ~ 0 ~ o o to C mo b o b ~ 0 ~ ~mm ~ o ~ z >~m~>~ Z~ · ' ~>Z 0 ~_~ ~ ~ ~Z b~o o ~ m ~ - o o~z b b o m m~ mo --z z~ Z~m~ 0 ~e~ ~ 0 0 ~ >~z _ _ _ ~- m u ~ ~ m ~ ~p~ o ~ ~ ' mzO ~ ~ o ~ m ~ ~0~ ~ ~ ~ ~ mcz: "00 ;;0'13 "0 "0 ~l'- mm ~> .m.m m--t · . "00 CONTRACT FOR REPLACEMENT OF HyAC SYSTEMS AT THE EZELL HESTER JR. COMMUNITY CENTER THIS AGREEMENT, made and entered into this . day of , A.D. 20 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and THERMAL CONCEPTS, INC.. a Florida Corporation (_X__) a Florida General Partnership (: ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) CheCk One hereinafter called "CONTRACTOR". WlTNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission haVing canvassed said bids, had determined .that the bid in the total amount of SIXTY-TWO THOUSAND DOLLARS AND 00/100 submitted by the aforementioned CONTRACTOR was the best and most desirable i bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of th.ese premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated JULY 31, 2001, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work pr~v/ded in the bid, contract documents, bond documents, plans and specifications for: Bid Title: REPLACEMENT OF HVAC SYSTEMS AT TWO (2) LOCATIONS: EZELL HESTER JR. COMMUNITY PARK & THE PUBLIC LIBRARY Bid Number: #076-2413-01/CJD City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling $62,000.00. C -I1 2.8 Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. The CONTRACTOR shall at all times observe and comply With the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 2.10 2.11 Upon completion of the work~ the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if. he agrees with such recommendation, present the final payment application to City: Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the engineer" shall not make the CONTRACTOR an agent Or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship :or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefor. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and Will be required to make good at his own cost any damage or injury occurring from any cause. 3.0 COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date:to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 120 days folloWing the commencement date as specified in same. C-3 6.0 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by :the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of: such property or utilities. INDEMNIFICATION 6.1 6.2 6.3 6.4 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Attachment "A" herein. However, the indemnification provision, and the insurance provision c~ntained in this Contract are not interdependent of each other, each one is separate and distinct from the other. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. c-5 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for th~ performance of the contract, subject to additions and deductions as provided in the specifications. 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such bhange is ordered. 8.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission. if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered br allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change ~rder has been obtained from the City Manager or the City Commissign of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes in the work di~rected in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5 Information regarding changes in the work involving claims to the CITY for additional w~rk, credits, and/or adjustments under the contract shall be promptly transmitted in yvriting by the General CONTRACTOR to the ~ITY'S Representative with fi~ll explanations and justifications for his consideration in preparing a Change Order to the Contract. c-6 9.0 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6 In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 8.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work. provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted dally records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 8.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. PROJECT ENGINEER 9.1 The project engineer shall be STEPHEN BORUFF 9.2 The Engineer shall have general supervision and direction of the work. The Engineer is the agent of the CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop 'the work whenever such stoppage may be necessary to insure the proper execution of the contract. c-8 12.0 TERMINATION OF CONTRACT 12.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or' :he time to which such completion date may be extended; or if other just ten (10) days' written notice upon the C( terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the m the effective date specified event of such termination, the City Manager~ ,, and the and cease to have his contract. Upon such the Surety with written notice of the CITY'S action (10) days of receipt of said notice remedy the default.or the Sure~ shall as expeditiously as possible: 12.1.1 Complete the contract in accordance with its terms and conditions, or 12.1.2 Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the .contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not eXCeeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. C- 10 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence off CITY OF BOYNTON BEACH, FLORIDA Mayor Attest: Approved as to Form: City Clerk City Attomey Signed, sealed and witnessed in the presence off Contractor President or the Vice President Attest as to Contractor C-12 Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August 21,2001 [] September 4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 i~.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2,2001 [] October 16,200l [] November 6, 2001 VT.-CONSENT AGENDA ITEM C.1. 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 [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOtion to approve and authorize signing of an Agreement for Water Service Outside of the City Limits for a parcel owned by The Windsor Investment Group, L.P., located in an unincorporated area between Boynton Beach and Lantana along the east side of Seacrest Boulevard. 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 adjacent to the property and a sewer main on the property. The parcel is currently undeveloped, but is planned for a mixed office/retail usage. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: In that the parcel is within the City's utility service 9~ea, we see no reasonable alternative to approval.of/~~this agreement. _ /~/~Z. 7~ ~_///~ c-~ ] Z~~,~ff~~ Deparlment Head's Signature /' - C~ U[t~ Manager's Signature Utilities Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/attachments) Michael Rumpf, Planning Dept. (w/attachments) City Attorney File " S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN BEACH AND GROUP, L.P.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our water and sewer service area, located in an unincorporated area between Boynton Beach and Lantana along the east side of Seacrest Boulevard; and WHEREAS, City policy requires annexation of the property to be serviced at the earliest practicable time, as a condition of the granting of water services outside its jurisdictional limits; and WItEREAS, the City does have potable water mains adjacent to the property and a sewer main on the property, although the property is currently undeveloped NOW, THEREFORE, BE IT RESOLVED BY TItE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SectiOn 1. The Mayor and City Clerk are hereby authorized and directed to execute a Water Service Agreement between the City of Boynton Beach, Florida and The Windsor Investment Group, L.P., said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of Octobers 2001. CITY OF ~BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner City Clerk Cah-esoXagreements\WaterSer-Windsor Group 100901 Commissioner THIS iNSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren. P.A. 3099 East Commercial Blvd. Su/te 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this day of , 20 , by and between The Windsor Investment Group, L.P. hereinafter called the "Customer", and the CITY OF BOSTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property oWned by Customer; and WHEREAS, the City of Boynton beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are /5/ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, roles and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual Costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to ali mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service, to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs 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 tiabilitv in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters Also, the City shall' have no Iiability in the event there is a reducuon, imPairment or termination of Water sen:ice due to acts of God. accidents, strikes, boycotts, blackouts;fire, earthqu~es, other Casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees /. defend and hold harmless the City of Boynton Beach, Florida. its Mayor,. )f the City Commission. Officers, employees and agents ( ial capaCities} from and against all claims, damages, !aw suits and expenses including reasonable attorneys fees (whether or not ittcurted on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation Under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. iN .WITNESS WHEREOF, the this ~.0 ~ay of WITNESS: parties hereto have set their hands and seals ,200/. INDIVDUAL (S) AS OWNER(S): ! The ~/irJdsor Investment Group, L.P. By: Karen Larosiere, General Partner FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) ) SS2 COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer drily authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Karen Larosiere tO me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally lmown to me or provided the following proof of identification: c. / ,~.~TI~ESS my ~d,~and official seal in th/e ,Coz~___ty and State last aforesaid this ~ dayof~ ,2ff0_tJ~l~ ~ ' '/ (Notary Seal) ~/t~~,,,~ ~ .. ': _ - Commission # CC769 t 70 . NotarY Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the tree corporate seal of said City. this WITNESS my hand and official seal in the County and State last aforesaid __ day of ,200 . (Notary Seal) Approved as to form: Notary Public Legal Description Approved: City Attomey JAC/lms 900182 12/12/95 .rev WATERSRV. 1 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A, 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF Palm Beach I/We, The Windsor Investment Group, L.P., hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of m) attorne,~, THE CITY OF BO'~.'NTON BEACH. FLORIDA, shall commence and be in full force and effect on the --__ day of , 200 and the powers and authority shall be irrevocable by Grantee. iN WITNESS WHEREOF, we have hereunto set our hands and seals the ,~Ot°~ay of ~ _, in the year two thousand and one. Sealed and delivered in the presence of W~tness ~ The Windsor Investment Group, L.P. by: Karen Laros~ere, General Parmer STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) . THE,::~m.D ~ k"- FORIi!GO ING INSTRUMENT- was acknowledged before me thL, _~who day of ,200 q~, by Karen Larosiere who is known to me or have produced ----- , as identification and wh-'"~ did/did not take an oath. ~ ,tO ~110~$ - 311¢lnd ,~Ja~,ON T3, pe or Pn{nt Name Commission No. 0..~ 70' My Commission Expires: POA.tND '..". i.. ':(' ' '. '. : "'; '.: ~,"]VI/INDSOR I~STME~G'ROE/P;;'LI1VI'I'TED PfiRI,'NE. RSItlP ' !GROi~P LIMITED- ), ~d 'thoae ~d"whose . .. 'f.. j".:.~.. ".... ..' ':, . '. . . : .... . .... : - ~~S; ~,'PAR~:~RS?~: tO .fo~; a ;~imit~ .,P~.ers~.:(LP): unde ~e. Jaws of .. ..... _..~-..:. .:-.. . '...., ..... · .... :. . .... , .. · ....:.' ~. .. . . ..,~ .,. .- , ..' ,..'. .. . : - , ?,',.'i:b.~',' '",." : ;. '. ' ""-" ., , , ... ~',".(q '. :'~;;5: ' '" ';..';.':'.' '.'!' .,". '...:.% ?r,':.' '7' ::: ' shall i~'the, calC~clar'?ear,~th¢ ~IE 4 NE 5 CT. LOCATION MAP N.T.S. .... 0 10 ,.30 60 90 GRAPHIC SCALE IN FEET SCALE - 1" = 30' SECTION 9, TOWNSHIP 4-5 SOUTH, RANGE 45 EAST 'Septeml~er 13, 2o01 Kare~.LaRc~iem '" · - P~no"~h, FL 3~62 82/21/1996 19:89 5613678468 GOLDCOAST PLASTICS PAGE 92 OWNER ~ TITLE INSURANCE POLICY Attorneys' Tide Insurance Fund, Inc. ORLANDO, FLORIDA IUBJE_C~ TO T_HE EXCLU.S_!ONS FROM COVEgAGE, THE EXCEPTIONS FROM : o~a£ co~_~ n~ s~u) __v3z _s ~O Tm commons A~rD STIPV. LATI NS, ATTORNEYS TITLE INSURANCE FUND~ INC., a Florida corporation, herein called Th~ Fund, insures, as ofDateofPolicy shown in Schedule A, against loss or _damage, not exceeding the Amount of Insurance stated in Schedule A, smtained or incurred by the imur~d by remon of: 1. Tide to the estate or in terest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the rifle; 4. l.~k ora right of access to and from thc land. ~The Fund will also PaY the costs, attorney' fees and expenses inc,..u?d in defense of, c ride, as imure~, but only to the ext~nt provided in the Condirions and Sripula- riom~ policy to be.signed and ~ale~. as of Dat~ of Policy shown-inSchedule A, the policy to become valid When coun~rsign.ed by an au~o~ ~tory. Altomeys' Tide Insurance Fund, Inc. CharlesJ. l[oval~ ~t SERIAL FUNO FONM OPM (my. :~'~) OPM - 1807861 02/21/19B6 19:09 561~678~60 GIDLDCOAST PLASTICS Poli~y No.: OPM-1807861 Attorneys' Title Insurance Fund, Inc. OP~7~ER'$ POLICY Schedule B Agent's File Reference: BRYNTESON TRUST P~GE 03 This pohcy ~k)es not ~n.qure agaimt lc~s or chmage by ~ or,he foH0wing exceptions: I. Taxes for ~he yeaF of the effective d~tc of Rtis policy md rexes ~ ~l ~ss~u w~ ~ not ~ 4, ~ or cl~ of en~ n~ sho~ by ~ ~ ~o~. Additive, ~by ~ ~~.) ~~~~.2~7,~ 387, ~~ of~~ 12. 15. 16. ~2/2i/1996 1~:09 5613578~58 F~DCOAST PLAST~w~ ¢ASE l%liey No.: OPM. tS07861 Attorneys' Title Insurance Funfi, Inc. OWNEr'S POLICY Schednle A ~ffective Date: February 15, 2000 (~ 09:06 AM Agenfs File Rcfm~ncc; B~.YN'rEsoN TRUST Amount of ~e.., Nan~ of Insured: KAREN LAROSI]~RE _same) and is at the effective ~ hcrcof vested in the named insured u shown by imU-,,,~nt recorded in O~cial Rccords Book 11610, Page 623, of the Public Records ofPalm Bcacb County, Florida. Th~ W~s~ly 253.02 f~et ofTmet ',P', SAN CA~fLE FOURTIt ADDITION, eccotdin~ to the pla.t ns ~ in Plat Book 26, pap 34, Publto ~ of Palm R~&oh County, lssui~ A~nt: HARVEY, WADD~A,L & MONAHAN 101 North J ~treet Lllra Wefth, lqorMn 3~160 JOSEPH M. LF, E F~*m OPM~.ff. zl (re~. I/P~) ~101£1(Z]¥ (]alH± 33±SV3 NVS , I '-I I, ,i ..~ '-r m LOQUAT TREE DRIVE HYPOLUXO ROAD CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.2. Requested City Commission Meeting Dates [] July17,2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 Date Final Form Must be Turned in to City Clerk's Office July 3, 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 18, 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 19, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consem Agenda [] Public Hearing [] Bids [] Announcement [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Approve contract renewal with Children's Program in the amount of $59,519. Services Council (CSC) for the 2001-2002 Latchkey Afterschool EXPLANATION: Each year the City of Boynton Beach must contract with Children's Services Council for grant funding enabling the Latchkey Afterschool Program to be conducted. The program is designed to assist those in need of after school care at Rolling Green Elementary School. The program is located at the school and will serve over 75 families with a maximum capacity of 100 students. Attached are the two contracts. Upon approval, please return the original executed copies to the Recreation Department. These agreements will be sent to CSC for their signatures and the City Clerk's office will be provided an original copy upon receipt from CSC. PROGRAM IMPACT: Without approval of this contract, the Latchkey Program cannot function. It is essential to receive the grant funds for the program so that the Recreation Department may continue serving the children and parents of Rolling Green Elementary School. FISCAL IMPACT: This program is a cooperative effort between Children's Services Council ($59,519), the School Board of Palm Beach County ($18,000) and the City of Boynton Beach, which provides a cash match as well as in-kind services. Budget Account Name Transfer to Grant - Latchkey Account # Amount 001-2710-572.91-48 $36,247 ALTERNATIVES: 1. The City of Boynton Beach would fund this program alone. 2. The School Board would have to explore possibilities to subsidize the~igh cost of their traditional School Age Child Car; programs~.: / _. ! ~'a · l ~B~partmen~ 't Head s Sig/~atu~e7- ~ Crty Managfr s Signature ~ d City Att~'~ Finance / Human Resources S:kBULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. 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 CONTRACT WITH CHILDREN'S SERVICES COUNCIL FOR THE 2001-02 LATCHKEY AFTEF IN THE AMOUNT OF $59,519; =ECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to authorize and direct the Mayor and City Clerk to execute a contract with Children's Services County for grant funding enabling the Latchkey Afterschool Program to be conducted in the amount of $59,519.00; and WHEREAS, the Latchkey After School Program is designed to assist those in need of day care services at Rolling Green School, and is a cooperative effort between Children's Services Council, the School Board of Palm Beach County and eh City of Boynton Beach; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs the Mayor and City Clerk to execute a renewal Contract with the Children's Services Council (CSC), in the amount of $59,519.00 to be utilized for the Latchkey After School Program. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk s:ca~re~o~agreements \Children's Services Council - Latchkey 2001 ~02 -1009O 1 MODIFICATION AND EXTENSION AGREEMENT This Agreement, entered into as of this 1 st day of October 2001. by and between the CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY, a political subdivision of · ' " ounci" ' the State of Florida (hereinafter referred to as~ C 1 ) and City of Boynton Beach/Department of Leisure Services/LatChkey After School Program (hereinafter referred to as "Provider"), for the period from October 1, 2001 ("Effective Date") to September 30, 2002. WHEREAS, by Agreement dated as of October I, 1998 (the "Original Agreement"), Provider agreed to provide certain services and Council agreed to reimburse Provider for those services in program entitled Latchkey After School Program, and WHEREAS, the parties, pursuant to the terms of this Agreement, have decided to modify and extend the'~Original Agreement. WITNESSETH: IN CONSIDERATION of mutual agreements hereinafter contained, the parties intending to be legally bound hereby agree as follows: as follows: as follows: The Original Agreement is hereby modified by amending paragraph 1 thereof to read The Council agrees to reimburse to the Provider sums up to $59,519.00 for provision of services described in Exhibit "A" (consisting of the Program Evaluation Model) attached hereto find made a part hereof; composite Exhibit "B" (consisting of the Council's Budget.Forms A, A1 and B submitted by Provider) attached hereto and made a part hereof; and Exhibit "C" (consisting of the Budget Summary Form) attached hereto and made a part hereof. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by the Provider shall be provided in compliance with all terms and conditions set forth in the Exhibits "A", "B", and "C" and with the Conditions of Award attached hereto and made a part hereof as Exhibit "D", as well as the terms and conditions of this document. The attached Exhibits to this Agreement shall control over any inconsistent provisions in the Exhibits attached to the Original Agreement. The Original Agreement is hereby modified by amending paragraph 3c thereof to read Co To submit, upon completion of this Agreement, a GAO Standard Financial and Compliance Audit ("the Audit"), complete with management letter, within 180 days of the Provider's fiscal year end. In the event that Provider's fiscal year end occurs prior to the completion of the term of this Agreement, Provider will supply Contract #: 01-102-4 Governmental Extension Agreement Page: 2 the Audit and accompanying management letter for each of the Provider's fiscal years occurring during the term of this Agreement, each such audit and management letter to be provided within 180 days of Provider's fiscal year end. 3. The Original Agreement is hereby modified by amending paragraph 14 thereof to read as follows: 14. Payments for services rendered pursuant to this Agreement shall be made to the Provider monthly on a reimbursement basis. Provider shall submit an invoice to the Council by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by the Provider under this Agreement, in whatever form reasonably required by Council. Subject to the availability of funds, the Council will provide reimbursement to the Provider within 45 days after receipt of the invoice. Provider shall submit a final invoice to the Council no later than October 31, 2002 (with appropriate documentation). The Council will not reimburse Provider for any expenditures made by Provider under this Agreement that are submitted after October 31, 2002. 4. The Original Agreement is hereby modified by amending paragraph 20 thereof to read as follows: 20. The Council may assess a charge amounting to five (5%) percent of the Provider's current month's request to the Council for reimbursement for each month that a program is out of compliance with the timely submission of fiscal and programmatic data as required by Sections 3c, 9, 10, and 14 of this Agreement. At the discretion of the Program Review Committee a $10.00 per day charge may be added to the 5% charge for items not submitted within 60 days of the original due date. This charge may also apply if the program does not provide the Council with current copies of the following documents: A. Certificates of Insurance B. License(s) to Operate Agency/Program C. Sales Tax Exemption Certificate D. Other items identified in the Conditions of Award" 5. Except as otherwise modified herein, the Original Agreement shall remain in full force and effect. F :\WORD\2001-02 Funding Process\GOV 1EXT - original 1998.doc 09/19/01 2:21 PM Contract #: 01-102-4 Governmental Extension Agreement Page: 3 IN WITNESS WHEREOF. the parties have caused this Agreement to be executed by their undersigned duly authorized representatives. City of Boynton Beach/Department of Leisure Services BY: DATE: Print Name Print Title Children's Services Council of Palm Beach County BY: Gaetana D. Ebbole, Chief Executive Officer DATE: Approved As To Form & Legal Sufficiency BY: Thomas A. Sheehan, III Attomey for Children's Services Council of Palm Beach County F:\WORD\2001-02 Funding Process\GOVIEXT- original 1998.doc 09/19/01 2:21 PM Exhibit "A" 1. Program Evaluation Model Z Exhibit "B" Form A: Program Budget Narrative 2~ Form A-l: Personnel Budget~Narrative 3~ Form B: Program Budget by Funding Source 0 Z Z O~ o o Z Z iii 0 0 Z Z Exhibit "C" 1. Budget Summary Form BUDGET SUMMARY FORM 2001-2002 Base Application Agency Name: The C±ty of BoynCon Beach Program Name: Bo~tton Beacl~ Latchkey A~£erschool Program Total Clients (Program) Select 1 Capacity 100 Children Agency Funded by CSC Since: Program Funded by CSC Since: Families 1989 1989 Employees Funded by CSC (FTE) 3.5 ~=ROGRAM CSC Funds Total Program Budget CSC % of Program Budget FISCAL INFORMATION 2000-2001 ~ BUDGET 55,886 59,519 3,633 205, 224,054 $ 18,317 % CHANGE 8.9% Total Agency Buclget Total CSC Funds (Agency) CSC % df Agency Budget FOR' CSC USE ONLY: 55,88~ 59,519 3,633 2.3. % 2.~ % .1 CSC Cost per Client (Capacity, Children, Family) Ins~.~uctions 1 2 4 Complete agency and program name and indicate date when CSC first funded each. Give number of clients to be served by the CSC funded program by selecting only one of either capacity or children or families. Complete FTE's funded by CSC by adding percent of fun ded positions (whole or part) as noted in column 8 of Form A-I. Note 100% = I FTE. Complete other fiscal information for your program and agency giwng comparison with previous year, dollar change and percentage change. Leave section "For CSC Use Only" blank Exhibit "D" 1. Conditions of Award CONTRACT 01-102 "AGENCY: PROGRAM: City of Boynton ~Beach Latchkey After School Prog ram CONDITIONS OF AWARD I. PROGRAMMATIC A. Issues or information to be furnished or resolved within sixty (60) days of execution of contract: N/A B. Conditions to be observed throughout contract: The program is to serve latchkey children who are of elementary-school age. Latchkey children are defined as having parents or guardians who work or who are otherwise not regularly available to provide supervision during out-of-school hours; i.e., 3:00 to 6:00 PM, summer, school holidays, and partial days. Representatives of all programs receiving funding through the Council 1998-99 RFP will become members in good standing of the Palm Beach County Out-of- School Consortium. 3. A designated provider representative(s) will attend and participate in monthly provider meetings which are held by the Council's staff. All staff funded through the Council who have direct contact with children must complete ten hours of annual in-service training in Developmentally Appropriate Practices. This is in addition to the training required by licensing. o Providers receiving funding from CSC need to have a Disaster Plan in place to protect staff, and property, and to ensure the program's ability to continue essential functions for the community. Programs funded through CSC will make every effort to obtain staff that have the cultural competence and language skills to work successfully in the community with the population being served. 7. Ail staff working in C$C funded programs are to follow the child abuse reporting requirements under Flodda law. F:\Word~2001 - 2002~2001-2002 Funding Process\Conditions of Award\102 City of BB Latchkey.doc 06129/01 11:25 AM CONTRACT 01-102 AGENCY: City of Boynton Beach PROGRAM: Latchkey After School. Program I1. FISCAL A. Issues or information to be furnished or resolved within sixty (60) days of execution of contract. N/A B. Conditions to be observed throughout contract. To encourage parents and clients to be responsible partners, Provider agrees to require a minimum fee for services according to one or more of the following standards. a. PBC School Readiness Coalition Subsidized Child Care Parent Fee Schedule or, bo PBC School Readiness Coalition Parent Fee Schedule with modifications to the daily rate, which are approved in writing by the Council staff or, c. A sliding fee scale in a format approved, in wdting, by the Council staff. If any fees are generated by the Council's funded program in excess of the amount budgeted, the Provider will notify the Council staff of the excess revenues and plans to expend such fees. The Provider agrees to prioritize the -use of excess fees in the following order: a. Increase the number of clients attending the program within licensed capacity. Purchase those items which would be considered "enhancements" to the service being provided in order to improve the quality of the program. c. Reduce the Council's funding, by the amount of the excess fees received. 3: All fees generated by the Council funded program will be recorded in a separate revenue account. F:\Word~001 - 2002~2001-2002 Funding Process\Conditions of Award\102 City of BB Latchkey.doc 06/29/01 11:25 AM 3. This amendment shall be effective upon execution. This amendment is executed and entered into 20 WITNESSETH: THE SUBGRANTEE THE DIVISION Signature of Authorized Official Typed Name and Title of Authorized Official Barratt Wilkins, Director Division of Library and Information Services Deparunent of State, State of Florida Wimess Wimess Wimess Wimess Requested City Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] ~4.2oo~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Da~ Final Fm'm Must be Turned in to City Clerk's O~eo 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.) Requited City C~, Me~edng Dates [] October 2, 2001 [] Oce~l~r 16, 2001 [] November 6, 2001 VI.-CONSENT AGENDA ITEM ¢.3 Date Final Form Mum tm Turned in to CiW Clerk's Sq~anb~ 5, 2001 (5:00 pJ~) September 20, 2001 (5:00 p.m.) C~tob~ 3, 2001 (5:00 pax) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adrainistmtive [] Development Plans [] Consent Agenda [] New Business [2 Bids [] U~finishedBusiness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Recommend that the City Commission approve the 60 day extension of the federal LSTA project grant (Neighborhood Library Electronic Access and Training Project) EXPLANATION: This grant project was originally funded through the State Library of Florida for the period of 01 October 2000 through 30 September 2001. Due to construction delays at the Hester Center, we will be unable to complete the project within the original time frame. The State Library was asked for and agreed toa sixty (60) day extention~ This would bring the final date to 30 November 2001. The f'malizing of the extension request requires City Commission approval. PROGRAM IMPACT: The requested extension would provide for the completion of the Neighborhood Library Electronic Access and Training Project at no additional cost to the City. FISCAL IMPACT: There would be no additional budgetary requirements from the City. ALTERNATIVES: Terminate and not complete the project as per original agrg~nt, and return to the State Library of Florida any remaining grant funds,.appr~oxim~tely $1~,000. / Department Head s Signatm:e /]' Cit3PManager s ~ignamre Virginia K. Farace Department Name f City Atto~j~ J~'~m~e / aum~ Resources S:~BUI.I.F. TIN~ORMS~GENDA ITEM REQUEST FORM.DOC DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Office of International Relations Division of Elections Division of Corporations Division of Cultural Affairs Division of Historical Resources Division of Library and Information Services Division of Licensing Division of Administrative Services FLORIDA DEPARTMENT OF STATE Katherine Harris SecremY of State DIVISION OF LIBRARy AND INFORMATION SERVICES MEMBER OF THE FLORIDA CABINET State Board of Education Trustees of the lnterna! Improvement Trust Fund Administration Commission Florida Land and Water Adindicatory Corem ssion Siting Board Division of Bond Financef Department of Revenu,~ Department of Law Enfofcement'~, Department of Highway Safety and Motor Vehicles Depar;rment ~f Veterahs' Affairs MEMORANDUM TO: Virginia Farace, Director Boynton Beach City Library ~ trt FROM: Marian A. Deeney, Library Program Adminis a or DATE: September 24, 2001 SUBJECT: Project Agreement Amendment Requiring Signatures Project #: 00-LSTA-K-01 Project: Neighborhood Library Electronic Access and Training Project Enclosed are two copies of the above noted project agreement amendment. Please: Obtain the original signature of an authorized official on both copies. · Obtain original signatures of two witnesses to the signature of the authorized official on both copies. · Do not insert a date on either copy. The date will be entered by the State Librarian when he signs the copies. The project agreement amendment will become effective at that time. · Return both copies to the State and Federal Grants Office (State and Federal Grants Office, State Library of Florida, R. A. Gray Building, Tallahassee, Florida 32399- 0250). One copy of the agreement amendment with original signatures will be returned to you after it has been dated and signed by the State Librarian. Contact the State and Federal Grants Office if you have any questions. MAD/nmn Enclosures Gl STATE LIBRARY OF FLORIDA R.A. Gray Building · Tallahassee, Florida 32399-0250 · (850) 487-2651 FAX: (850) 488-2746 · TDD: (850) 9224085 · http://www.dos.state.fl.us Gl LEGISLATIVE LIBRARY SERVICE Gl RECORDS MANAGEMENT SERVICES Gl FLORIDA STATE ARCHIVES (850) 488-2812 · FAX: (850) 488-9879 (850) 487-2180 · FAX: (850) ,488-1388 (850) 487-2073 · FAX: (850) 4884894 RESOLUTION R01- A RESOLUTION OF THE ~ COMMISSION OF THE CITY OF BOYNTON BF_ACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. i TO THE GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DIVISION OF LIBRARY AND INFORMATION SERVICES AND THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A 60 DAY EXTENSION FOR THE COMPLETION OF THE NEIGHBORHOOD LIBRARY ELECTRONIC ACCESS AND TRAINING PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties entered into an Agreement on October 3, 2000, for implementation of a Library Services and Technology Act grant; and- WHEREAS, said Agreement was initially for the period covering October 1, 2000 through September 30, 2001, however due to construction delays at Hester Center, we will be unable to complete the project within the original time frame; and WHEREAS, this Addendum would extend the completion date to November 30, 2001, which will provide enough time to complete the project; NOW, THEREFORE, BE TI' RESOLVED BY THE CTTY COHM~[SSION OF THE CITY OF BOYNTON BEACH, FLORZDA, THAT: Section :L._ The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute Amendment No. 1 to the Grant Agreement between the State of Florida, Division of Library and Information Services and the City of Boynton Beach, Florida, approving a 60 day extension for the completion of the Neighborhood Library Electronic Access and Training project between the City of Boynton Beach and, a copy of which Agreement is attached hereto as Exhibit '~"A". Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of October, 2001. Ci-I'Y OF BOYNTON BEACH, FLOR[DA Mayor COmmissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca\Reso\County - Amd Agr - [_~i'A project PROJECT # O0-LSTA-K-O1 Florida Department of State, Division of Library and Information Services LIBRARY SERVICES AND TECHNOLOGY ACT AMENDMENT NUMBER 1 TO THE GRANT AGREEMENT AMENDMENT TO THE AGREEMENT BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the DYV-ISION, and the SUBGRANTEE: City of Boynton Beach for and on behalf of Boynton Beach City Library the PROJECT: Neighborhood Library Electronic Access and Training Project The parties entered into an Agreement dated October 3, 2000, for implementation of a Library Services and Technology Act grant. The parties now mutually desire to amend certain terms and conditions of the Agreement. The agreement provides that grant funds shall be expended on or before September 30, 2001. The Subgrantee has requested an extension of time in which to expend the funds. In consideration of the foregoing recitals and covenants contained herein, it is agreed as follows: 1. All sections of the original agreement not specifically amended by this or a prior written amendment and all prior written amendments are hereby reaffirmed. 2. The agreement is hereby revised as follows: "The funds shall be expended on or before November 30, 2001." 3. This amendment shall be effective upon execution. This amendment is executed and entered into 20 WlTNESSETH: THE SUBGRANTEE THE DIVISION Signature of Authorized Official Typed Name and Title of Authorized Official Barratt Wilkin.q, Director Division of Library and Information Services Department of State, State of Florida Witness Witness Wimess Wimess PROJECT # 00-LSTA-K-01 Florida Department of State, Division of Library and Information Services LIBRARY SERVICES AND TECHNOLOGY ACT AMENDMENT NUMBER 1 TO THE GRANT AGREEMENT AMENDMENT TO THE AGREEMENT BETWEEN the State of Florida, Departmem of State, Division of Library and Information Services, hereinafter referred to as the DIVISION, and the SUBGRANTEE: City of Boynton Beach for and on behalf of Boynton Beach City Library the PROJECT: Neighborhood Library Electronic Access and Training Project The parties entered into an Agreement dated October 3, 2000, for implementation of a Library Services and Technology Act grant. The parties now mutually desire to amend certain terms and conditions of the Agreement. The agreement provides that grant funds shall be expended on or before September 30, 2001. The Subgrantee has requested an extension of time in which to expend the funds. In consideration of the foregoing recitals and covenants contained herein, it is agreed as follows: 1. All sections of the original agreement not specifically amended by this or a prior written amendment and all prior written amendments are hereby reaffirmed. 2. The agreement is hereby revised as follows: "The funds shall be expended on or before November 30, 2001." Requested City Commission Meeting Dates [] July 17,2001 [] August 7,2001 [] August 21, 2001 [] September 4, 2001 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AG ENDA ITEM C.4. 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, 200l (5:00 p.m.) [] August 22, 2001 (5:00 p.m.) [] Requested City Commission Meetin~ Dates September 19, 2001 Date Final Form Must be Turned in to City Clerk's Office October 2, 2001 October 16, 2001 November 6, 2001 September 5, 2001 (5:00 p.m.) [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] [] City Manager's Report September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00d~rn.) --4-< October 17, 2001 (5:0qp.m.y.~d Development Plans ~ cz, ~_.:~ New Business ' ° ~. ~ Legal -- rnc-~~ Unfinished Business Presentation RECOMMENDATION: Approve formal Florida Boating Improvement Program Agreement with Palm Beach County for purchase of Sam Brown, Jr. subdivision (More)/ ' s Lounge) property. As approved by the Palm Beach County Board of County Commissioners on September 11, 2001. Agreement calls for the reimbursement of $250, 000 towards the purchase of this property. $150,000 the first year and $100,000 the second year. EXPLANATION: The City would like to purchase approximately .42 acres of property adjacent to Boat Club Park; currently called Morey's Lounge. The purchase of this property wouM allow for demolition of the structures and integrate the property into the park. City Commission previously approved a grant application for this project. PROGRAM IMPACT: Extension of Boat Club Park with possible future uses for the property including vehicle/boat trailer parking, other boating related uses and landscaping. FISCAL IMPACT: Purchase price for this property is approximately $640,000, this agreement will cover $250,000 for reimbursement of costs associated with the City's eligible boating related project. ALTERNATIVES: Reject the proposed Florida Boating Improvement Program Agreemen] and proceed with the project independent of Palm Beach. Co))etty. , t / /'~ f ' D~partment Head s Signature -r ' City Manager s Signature Department Name ~"'- City At~/F~nance ? I~uman Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC Department of Pm-ks nd Recreation 2700 6th Avenue South Lake Worth. FL :~3461 (561) 966-6600 FAX: (561) 642-2640 vavw. co.palm-beacl~.fl.us Palm Bear. h County Board of County Commissioners Warren H. Newell. Chairman Carol A. Roberts. Vice Chair Karen T. Marcus Mary McCany Bun Aaronson Tony Masilotri Addle L Greene County Rdministramr Robert Wetsman September 26, 2001 Mr. Kurt Bressner, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 RE: Palm Beach County - Florida Boating Improvement Program (FBIP) Agreement for Acquisition of the Sam Brown Jr. Subdivision (Morey's Lounge) Property Dear Mr. Bressner: In accordance with direction provided by the Board of County Commissioners on September 11, 2001, we are attaching two originals of an FBIP Agreement for $250,000 towards the purchase of the Sam Brown Jr. Subdivision (Morey's Lounge) property, as described in Exhibit A to the Agreement. Please have the Agreement executed by the City Commission and return both complete originals along with the required insurance certificate or statement of self insurance (see Agreement section 12). Upon return of these materials we will execute the Agreement on .behalf of the Board of County Commissioners. The Agreement has been written to allow for the reimbursement of eligible pre-Agreemeni expenses incurred subsequent to September 17, 2001, since the purchase of the property was anticipated to take place shortly after that date. In accordance with the Agreement, $150,000 will be reimbursed to the City within forty five (45) days after the reimbursement request has been submitted, and the remaining $100,000 will be provided in Calendar Year 2002. I am also enclosing a copy of Palm Beach County - Fiodda Boating Improvement Program Resolution 99-77. The Resolution includes the p~:ocedUre for processing a reimbursement r~equest. Required accounting/reimbursement forms are included as exhibits to the Resolution and you will need to complete the applicable forms prior to reimbursement. You may submit your reimbursement request after the fully executed Agreement has been returned to the City. If you have any questions on this procedure or any questions about the Agreement or the reimbursement process, please contact Susan Yinger, ContractJGrant Coordinator, at 561- 966-6653. Sinc ly, ~.~ Dennis L. Eshleman, Director Parks and Recreation Department DLE/SWY Attachment Copy to: Commissioner Mary McCarty, District 4 John Wildner, Parks Director Bill Wilsher Mike Martz 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 FLORIDA BOATING IMPROVEMENT PROGRAM AGREEMENT WITH PALM BEACH COUNTY TOWARD THE PURCHASE OF SAM BROWN, JR., SUBDIVISION (MOREY'S LOUNGE) PROPERTY; AND PROVIDING AN. EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has adopted Resolution No. R-99-77, establishing the Pall Beach County Florida Boating Improvement Program (FBIP); and WItEREAS, FB~ specifically provides for the County's allocation of vessel registration fees to municipalities for the purpose of funding eligible boating related projects; and WHEREAS, the City has submitted a Project Application Request to the FBIP for funds in an amount not to exceed $250,000 for use toward an eligible project, the acquisition of the Brown Junior Subdivision (Morey's Lounge) property, adjacent to Boat Club Park in Boynton Beach; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. This Commission does hereby authorize and direct the Mayor and City Clerk to execute a Florida Boating Improvement Program Program Agreement with Palm Beach County, for funding in an amount not to exceed $250,000 toward the acquisition of the Brown Junior Subdivision (Morey's Lounge) property, adjacent to Boat Club Park in Boynton Beach. Section 2 That immediately upon passage. this Resolution shall become effective PASSED AND ADOPTED this day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk Commissioner (Corporate Seal) PALM BEACHCOUNTY FLORIDABOATINGIMPROVEMENTPROGRAM PROJECT AGREEMENT THIS AGREEMENT, is made and entered into on , by and between Palm Beach County, a p(:litical subdivision of the State of Florida, hereinafter referred to as "County", and the City of Boynton Beach, a Florida · t "Ci J' mun cipal corporation, hereInafter referred o as ty. WITNESSETH: WHEREAS, in accordance with Section 328.72 (15), Florida Statutes, monies collected from vessel registration fees are distributed by the tax collector to the Board of County CommisSioners for the sole purpose of providing recreational channel marking, public launching facil ties, and other boating related activities; and WHEREAS, the Board of County Commissioners has adopted Resolution No. R-99:77, as may be amended, establishing the Palm Beach County Florida Boating Improvement Program (,FBIP"); and WHEREAS, said FBIP specifically provides for the County's allocation of vessel reg stration fees to munic palities for the purpose of funding eligible boating related projects; and WHEREAS, the City haS submitted a Project Application requesting FBIP funds in an amount' not to ~xCeed $250,000 fOr u~e tOward an eligible project; and WHEREAS, funding is aVailable from Calendar Year 2001 and Calendar Year 2002 FBIP funds; and WHEREAS, the 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 328.72 (15), Florida Statutes, and Palm Beach County Resolution No. R-99-77, as may be amended, 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 $250,000 on a reimbursement basis for costs associated with the City's eligible boating related project Which includes acquisition of the Sam Brown Junior SubdivisiOn (Mor~y's Lounge) property adjacent to Boat Club Park in Boynton , · - ' " fully described in "Exhibit A" Beach, hereinafter referred to as Project, as more attached hereto and incorporated herein. b. The County and the City hereby agree that there shall be no reimbursement of funds bY the County for any expenditure made pdor to the effective date of this Agreement with the exception of $150,000 for the following expenditures: purchase of the Property subsequent to September 17, 2001, as described in Exhibit "A". G:~SYINGER~FBIP. PBC~Boynton~Agr-wpd 4. The County shall use its best efforts to provide $150,000 of said funds to the City fotl( information and will provide the has been f County; as provided by the County that Public Records of Palm Beach b. A: Project COmp et on Certification form as provided by the County; c.A been erected at funding. Co: Wag, Cost Schedule, and(~ ect identification sign which has program as a source of project ipment Costs Schedule. applicable: Actual Salaries and Grantee Stock Material obligation to collector througl' .y's performance and upon funding by the tax istration fees. 6. The for sa by the beyond this ped( unreasonably dE data to County of this Agreement he County at least ninety (90) may request an extension Project. The County shall not 7. The City Status Report form uarterly status reports on the Project ounty. 8. The City Department ~sphalt paving performed by the with the State of Florida aterials. which s~ as funded pursuan Upon advance Project as other evidence documents, and other evidence ny nature expended on the Project less than three (3) years. the right to inspect the records, documents and · 3ess hours. 10. U~ public executiOn of and ~ Palm Beach tees to dedicate the Project for from the date of full Project Agreement I said dedication in the Public Records of 11. The C residents on ~ disabi all Palm Beach County race, color, religion, or sexual orientation. plaque in accordance with F a permanent sign or be amended, crediting G:~YLN GER~FBiP.PBC-~oynto n~,gr .wpd 2 the FBIP as a source of funding. Said sign or plaque shall be erected at the completed Project where, placement is feasible. 13. The City hereby agrees that it shall be responsible for all costs of operation and maintenance of the Project for the term of this project Agreement. 14. The County shall have the right to terminate this Agreement due to City's non-compliance with the terms and conditions hereof or with non-compliance with Resolution No. R-99-77, as may be amended. Upon said termination, the City shall refund the County all FBIP funds tendered for the Project, plus applicable interest in accordance with Resolution No. R-99-77, as may be amended. A determination of non-compliance by the County may result in the CITY being ineligible for further FBIP funding until a time certain and/or under certain conditions as designated by the County. The City may request termination of thisAgreement and the County, at its sole discretion, may elect to accept said termination. In such instance, the City shall refund the County all FBIP funds used on the Project, plus applicable interest in accordance with Resolution No. R-99-77, as may be amended. 15. Within the extent permitted by law, the City shall indemnify and hold the County harmless from and against any and all loss, suit, action, leg, al or administrative Proceeding, claim, demand, damage, liability, interest, attorney s fee, cost and/or expense of whatsoever kind or nature arising in a manner directly or indirectly related to the City's performance of this Agreement. However, the City does not indemnify the County from and against any and all loss, suit, action, legal or administrative proceeding, claim, demand, damage, liability, interest, attorney's fee, cost and/or expense du~ t° the County's negligence or willful misconduct. The liability limits set forth in Section 768.28, Florida StatUtes, shall not be waived. 16. Prior to execution of this Agreement.by the County, the City shall provide either a certificate evidencing i,n_surance coverages as required herein or a statement of self insurance from the Ci~ s Risk manager. Yhe City shall, dudng the term of this Agreement and any extension hereof, maintain in full force and effect self insured or commercial general liability insurance; including contractual liability and completed operations liability, in the amounts specified in Section 768.28, Florida Statutes, to specifically Cover all exposures associated with the Project and terms and conditions of this Agreement. Where permiSsible with respect to the above coverage, such policy shall include Palm Beach County as additional insured. All policies shall contain a clause providing the at least thirty (30) days prior notice in the event of cancellation, or material adverse change in coverage. Compliance with the foregoing requirements shall not relieve the City of its liability and obligations under this Agreement. 17. This Agreement represents the entire agreement of the parties and there are no promises or understandings other than those stated herein. NOne of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by wdtten instrument executed by the parties hereto. 18. The parties may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions adsing 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. G :~SYINGER\FBIP.PBC~Boynton~r.wpd 20. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delive'~d Orient by U.S. Mail. All notices shall be addressed to the following: As to the COUNTY: La As ~to the Cl~: City Manager Department Boynton Beach, FI 33425 IN ~WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date. firSt above written. ATTEST: DOROTHY H~ WILKEN, CLERK pALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy =Clerk By:. Warren H. Newell, Chairman ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:_ County Attorney By: City Attorney APPROVED AS TO TERMS AND CONDITIONS By: Dennis L. Eshleman, Director Parks and Recreation Department G:~qYINGER~FBIP. PBC~Boynton~gr.wpd Date Received: ~-.17-o / PALM BEACH COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT APPLICATION Part A: Identification Project Sponsor: Project Name: Liaison Agent: Title: Address: Telephone: Applicant Information City of Boynton Beach Boat Club Park expansion Kurt Bressner City Manager P.O. Box 310 Boyngon Beacht FL (561) 742-6010 Zip Code: 33425 I hereby certify !Ilst the informa[ion provided in.this application is tree and accurate. Signature: ~1/~ ~ssi/~ant City Manager Date: 08/08/01 Act~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 ts considering the purchase of approximately .42 acres of property adjacent to Boat Club Park. This property is currently called Morey's Lounge. The proposal is to aquire the property, demolish the ~tructures and integrate the property into the park. Possible future uses for the property include vehicle/boat trailer parking, boat washing iaciltities and landscaping. Pugeha~e price for this propert~ is approximately $640,000. Grant request is for $250,000. The City of Boynton Beach will fun~_gh~j~iffarance. PALM BEACtl COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT APPLICATION Page 2 Pm B: Development Project Description Type and Estimated Cost of Proposed Development by Fncilty: Estimated Cost Quanity Facility (Number and/or Footage) No ~.~nediate development of the property-is planned. The primary use of Boat Club Park is for boat Launching and other boating related functions. Future development of the site will include similar use. Location Map: Site Plan: Boundary Map: Attachments (Required prior to Application Consideration) Attach a detailed street, mad or ltighway map locating the project site and provide'driving instructions from the nearest intersection. Attach a legal sized conceptual site plan displaying location of planned facilities, if applicable. Provide a boundary map clearly identifying the project boundaries. G t~t~Iqo~a~..xmBITA.I LOCATION MAP TO BOAT CLUB PARK EXTENSION BOAT CLUB PARK EXTENSION!' ,o~,,~. ~.~ ~00 0 300 1600 Feet Boat Club Park ~ Boat Club Park Extension ~ Road Parcels Water FOR BOAT CLUB PARK EXPANSION 30 0 30 60 Fe~t r~ Boat Club Park Expansion Boat Club Park Parcels I~B Water Requested City Commismon Meeting Dates [] July 17, 2001 August 7, 2001 ] August 21, 2001 [] September4, 2001 VI.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW 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 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 RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Annotmcement [] Presentation [] City Manager's Report Motion to approve Resolution granting a utility easement to BellSouth Telecommunications, In~,., relocation of a telecommunications junction box. ~-~ EXPLANATION: v:,.. --~L~'~- Du~ing the widening of Seacrest Boulevard south of Woolbright Road to allow for the double left turn lane movement last January, 2001, the east right-of-way sidewalk was installed on the City Utility Department prop¢l~:y via a new sidewalk easement that was granted.to Palm Beach County to accomplish this task. ki doing so, an existing BellSouth telephone junction box was found to be in conflict with the relocated sidewalk path. The relocation of this junction box will allow for necessary vehicle sight distance visibility for utility vehicles exiting the East Water Treatment Plant compound, and allow for the County to complete the sidewalk connections. PROGRAM IMPACT: Adoption of this Resolution will allow BellSouth to proceed with the relocation of this existing telecommunications junction box within Seacrest Boulevard to a satisfactory location off the right-of- way and into a controlled easement. FISCAL IMPACT: None. CITY OF BOYNTON BEACH AGENDA ITEM :~QUEST FORM ALTERNATIVES: None. Existing structure will remain in conflict with the completion of the sidewalk along the east fight- of-way line of Seacrest Boulevard and the southern driveway approach into the Utility Department property. ~ Department Head'{J~ignamre City Manager's Signature ENGINEE~G Department Name City Attom~J~Tnv'~nance / Human Resources C:XMy Documents'Agenda Item - BellSouth Telecommunications, Inc. (wanting of U.E.).dot RESOLUTION R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING A UTILITY EASEMENT TO BELLSOUTH TELECOMMUNICATIONS, INC., FOR THE RELOCATION OF A TELECOMMUNICTIONS JUNCTION BOX; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, during the widening of Seacrest Boulevard south of Woolbright Road to allow for the double left mm lane movement last January, 2001, the east right-of-way sidewalk was installed on the City Utility Department property via a new sidewalk easement that was granted to Palm Beach County to accomplish this task; and WHEREAS, as a result, an existing BellSouth telephone j unction box was found to be in conflict with the relocated sidewalk path; WHEREAS, it is the purpose of this requested easement to proceed with the relocation of the existing telecommunications junction box within Seacrest Boulevard to a satisfactory location off the fight-of-way and into a controlled easement. 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 approve the conveyance of an Easement from the City of Boynton Beach to the BellSouth Telecommunications, Inc., for the relocation of a telecommunications junction box, and authorizes the Mayor and City Clerk to execute said Easement, a copy of which is attached hereto as Exhibit "A",. Section2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of October, 200'1: CITY OF BO~TON~BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner ca~resoXagr~Easement Deed - BellSOuth DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-195 TO: FROM: Janet Prainito City Clerk H. David Kelley, Jr., PE/PSM~ Civil/Utility Engineer DATE: SUBJECT: October 1, 2001 Consent Agenda Item Request for October 16, 2001 City Commission Meeting Granting of a BellSouth Utility Easement The attached Agenda Item Request Form is being transmitted to you, and we are requesting its~inc~us~on on the agenda for the October 16, 2001 City Commission meeting. .. Upon the affirmaOve action to this request, please have both copies of the Easement executed, one:~-t) copy recorded with the Clerk of Circuit Court in and for Palm Beach County, and retum both the recorded and unrecorded copies to this department for proper distribution. If you have any questions regarding this matter, please contact the sender at x6488. HDK:ck xc: Dale S. Sugerman, Assistant City Manager Peter Mazzella, Utilities Depamnent Bob Kenyon, Utilities Department Carol Kribs, Engineering Department File C:XlVly Docum6ntsXEWTP Utility Easement Memo 10-01-01 .doc STa~TE OF FLORIDA COUNTY OF PALM BEACH EASEMENT For and in consideration of TEN dollars ($ 10.00 ) and other consideration, the adequacy and receipt of which is hereby acknowledged, the undersigned owner(s) of the hereinafter referred to as Grantor, do(es) hereby grant to BELLSOUTIt TELECOMMUNICA- TIONS, INC., corporation, its licensees, agents, successors, assigns, and allied and associated companies, hereinafter referred to as Grantee, an easement to conatruct, operate, maintain, add, and/or remove such systems of communications, facilities, or related services as the Grantee may from time to time require upon, over, and under a portion of the lands described in PLAT BOOK 1 page 4 , Palm Beach County, Florida, Records, and, to the fullest extent the grantor has the power to grant, upon, over, along, and under th6 roads, streets, or. highways adjoining or through said property, The said easement is more particularly described as follows: bel/: ........ a Georgia All that tract or parcel of land lying in Section Meridian, (strip) (parcel) of land SEE EXHIBIT "A" 33 , Township PALM BEACH 45S , Range 43E County, State of Florida, consisting of a The following rights are also granted: the exclusive right to allow any other person, fa-m, or corporation to attach wires or lay cable or conduit or other appurtenances upon, over, and under said easement for communications or electric power transmission or distribution; ingress to and egress from said easement at all times; the right, but not the obligation, to clear the easement and keep it cleared of all trees, undergrowth, or other obstructions; the right, but not the obligation, to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or systems of communication or power transmission or distribution; and the right to relocate said facilities, systems of communications, or related services on said lands to conform to any furore highway relocation, widening, or improvements. ~-, To have and to hold the above granted easement unto BellSouth Telecommunications, Inc., its licensees, agents, successors, assign~i- and allied and associated companies forever and in perpetuity. Grantor warrants that grantor is the true owner of record of the above described land on which the aforesaid easement is granted. SPECIAL STIPULATIONS OR COMMENTS: The following special stipulations shall control in the event of conflict with any of'the foregoing easement: Preparer's name and address: (Return document to the BellSouth address on back) L.F.MAYERNIK 2021 SOUTH MILITARY TRAIL WEST PALM BEACH FL.33415 In witness whereof, the undersigned has/have caused this instrument to be executed on the 199 Signed, sealed, and delivered m the presence of: day ~f Name of Corporation By: Witness Title: Wimess Attest: State of Florida County of I HEREBY CERTIFY that personally appeared before me and acknowledged that he/she was the same. The foregoing instrument was acknowledged before me this day of , , by ,(name and title of officer) of corporation. He/she is personally known to me or has produced as identification and did/did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of Notary Pubhc Print Name Commission Number: My Commission Expires: Grantor's Address: Grantee's Address: BellSouth Telecommunications, Inc. 2021 SOUTH MILITARY TRAIL WEST PALM BEACH FL. 33415 TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS, INC. Disa-ict Drawing PALM Location Wire Center BOYNTON BEACH Pht Number Au~ofiW Appmval Title BELL SOUTH EXCLUSIVE EASEMENT A PARCEL OF LAND BEING A PORTION OF TRACTS 1 AND 2 OF THE PLAT OF THE "SUBDIVISION OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST", AS RECORDED IN PLAT BOOK 1, AT PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 33 ALSO BEING THE CENTERLINE OF WOOLBRIGHT ROAD (A RIGHT-OF-WAY 80.00 FEET WIDE), WITH THE CENTERLINE OF SEACREST BOULEVARD (A RIGHT-OF-WAY 80.00 FEET WIDE); THENCE SOUTH 01°31'01' EAST, ALONG SAID CENTERLINE OF SEACREST BOULEVARD, A DISTANCE OF 65.97 FEET; THENCE NORTH 88°28'59" EAST, A DISTANCE OF 40.00 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID SEACREST BOULEVARD; THENCE SOUTH 01°31'01" EAST ALONG SAID RIGHT-OF.WAY LINE, A DISTANCE OF 91.92 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 3859.83 FEET; THENCE S( THROUGH A CENTRAL ANGLE 6 16 23, A DISTANCE OF 422.59 FEET TO THE THENCE OF 0 .... F SAID CURVE, SOUTH 86°58'20'' EAST, A DISTANCE OF 32.41 FEET; THENCE NORTH 03°01'40" EAST. FEET; . THENCE NORTH 86°58'20" WEST, A DISTANCE OF 2.50'; THENCE NORTH 03°01'40" I "10.00 FEET; THENCE SOUTH 86°58'20" EAST, A DISTANCE OF 10.00 FEET; THENCE E OF 10.00 FEET; THENCE NORTH 86°58'20'' WEST, A DISTANCE OF 2.50 FEET; THENCE SOUTH 03°01'40' WESTi A DISTANCE OF 14.61 FEET; THENCE NORTH 86°58'20" rWEST, A DISTANCE OF 37.56 FEET TO AN INTERSECTION WITH 'THE EAST RIGHT- OF-WAY LINE OF SEACREST BOULEVARD; BEING A POINT ON A CURVE CONCAVE TO THE WEST, HAV NG A RADIUS OF 3859.83 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND EAST RIGHT-OF WAY LINE, THROUGH A CENTRAL ANGLE OF 00°04'27" A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING: 335 SQUARE FEET OR 0.0077 ACRES MORE OR LESS. SURVEYORS NOTES: 1) THIS DESCRIPTION AND SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2) THIS IS NOT A SURVEY. 3) 4) 5) SEE SHEETS 2 & 3 FOR SKETCH TO ACCOMPANY THIS DESCRIPTION. BEARINGS SHOWN HEREON ARE BASED UPON AN ASSUMED BEARING OF NORTH 89"19'59" EAST ALONG THE NORTH LINE OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST. THE PARENT TRACT INFORMATION FOR THIS DESCRIPTION AND S KETCH IS BASED UPON A BOUNDARY SURVEY PROVIDED TO OUR OFICE BY THE CITY OF 'BOYNTON BEACH. CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH ATTACHED HERETO MEETS THE INTENT OF THE MIN MUM TECHNICAL STANDARDS FOR DESCRIPTIONS AND SKETCHES AS SET FORTH IN CHAPTER 61G17-6.006 (1) OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. W.L. FISH & COMPANY, INC. PATRICK B. MEEDS PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRANT NO. 4728 W.L.FISH & COMPANY! PROFESSIONAL SURVEYORS & MAPPERS 105 S. NARCISSUS AVE., SUITE 712 WEST PALM BEACH, FLORIDA 33401 (561)833-5001 FAX: (561)659-6745 E-m oil: mappers~lfish.com JANUARY 9, 2001 BELL SOUTH EXCLUSIVE EASEMENT $ EAST WATER TREATMENT PLANT CITY OF BOYNTON BEACH, FLORIDA DR^ : E. BAR ON[0ATE: 0 /09/200 /SHEST POINT OF o,O~o~, ~ W00LBRIGHT ROAD (80' COMMENCEMENT_.. . ~5' F N. LINE SEC. 33, TWP. 45 S; "N, fi' I FREE. 43 E: i t n _ ! l_ ..... S 1° ---- o .... .0 ~1 01 E.~ N89 ~a ~a E 65.97' ~~ .f ~ N.882859 E.~'~L , ,, o/ / ~000' -- ,~S.01'31 01 E. ~t / 4-0.00' R = 3859.83' --- O = 6°16'23' ~ ~ A = 422.59' ~ /FOR DETAIL OF ~ / ~ / BELL SOUTH ~ EXCLUSIVE CD EASEMENT ~ ~ POINT OF BEGINNING OF TRACTS 1 & SUBDIVISION OF SECTION 33, TWP. 45 S., RGE. 43 E P.B. 1, PAGE 4 R/W) I S.89°13'07"W. 526.44' 0 · 50' 100' 200' 400' GRAPHIC SCALE ---W.L.FISH &COMPANY!. BELL SOUTH EXCLUSIVE EASEMENT ~ PROFESSIONAL SURVEYORS &: )ZAPPERS O EAST WATER TREATMENT PLANT ), 105 S~ NARCISSUS AVE.; SUITE 712 CITY OF BOYNTON BEACH, FLORIDA >~,,,at...,,~ WEST PALM BEACH, FLORIDA 3,'3401 DRAWN: E. BARRONIDATE: 01/09/2001 ISHEET ~I (561)833-5001 FAX: (561)659-6745 E-mail: m appers{~vlfish.com NO 2 3 ~ CHECKED: p.B~M. IJOB# 2000_393LECALI . OF PARTS OF TRACTS 1 & 2 SUBDIVISION OF SECTION 55, TWP. 45 RGE. 43 E. P.B. 1, PAGE 4 0 2 5 10 GRAPHIC SCALE POINT OF BEGINNING / t / / / / N.03°01 '40" E. 10.00' 2O S.86°58'20,,E. _.10.00' ~__SET ZRON ROD & -. -- --- _1,.~..~ CAP LB# 6216 (~P.) ! S'03°01 '40"W. 10.00' / N'86058',20"W.-_ I I 2.50 N.03°O 1'40" E. ~1 iF~ N.86058,20,,W. 0'-'. 9.61' . ~--S:.8_6°58'20"E. 3.' ' I 2.50' "I - _-_:. 2_41 I c}.~_ ....... .~ I~S.03oO 1,40,, W. . __ _ -_ 14.61' ~(' -N.~'~-ST2~,, W.--~.~;-. - J "--R = 5859.85' ~o ~ = 00°04'27'' co 5.00' a: ~ BELL SOUTH ~ EXCLUSIVE ~- EASEMENT THIS IS NOT A SURVEY W.L. FISH & COMPANY! PROFESSIONAL SURVEYORS & MAPPERS 105 S. NARCISSUS AVE., SUITE 712 WEST PALM BEACH, FLORIDA 33401 (561)83,3-5001 FAX: (561)659-6745 E-mail: mappers~wlfish,com BELL SOUTH EXCLUSIVE EASEMENT ~ EAST WATEE TREATMENT PLANT CITY OF BOYNTON BEACH, FLORIDA ~R^WN: E. S^R~ONI0^TE: 0~/0~/~00~ IS~ ~TATE OF FLOR_IDA COUNTY OF PALM BEACH · . EASEMENT For and in consideration of TEN dollars ($ I0.00 ) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the undersigned owner(s) of the premises described below, hereinafter referred to as Grantor, do(es) hereby grant to BELLSOUTlt TELECOMMUNICA- TIONS, II~'C., a G~orgia corporation, its licensees, agents, successors, assigns, and allied and associated companies, hereinafter referred to a~ Grantee, an easement to consla'uct, operate, maintain, add, and/or remove such systems of commumcations, facilities, or related services as the Grantee may from time to time require upon, over, and under a portion of the lands described in PLAT BOOK 1 page 4 , Palm Beach County, Florida, Records, and, to the fullest extent the grantor has the power to grant, upon, over, along, and under th6 roads, streets, or- highways adjoining or through said property. The said easement is more particularly described as follows: All that tract or parcel of land lying in Section Meridian, (strip) (parcel) of land SEE EXHIBIT "A" 33 , Township PALM BEACH 45S , Range 43E County, State of Florida, consisting of a The following rights are also granted: the exclusive right to allow any other person, fa'm, or corporation to attach wires or lay cable or fionduit or other appurtenances upon, over, and under said easement for communications or electric power transmission or distribution; ingress to and egress from said easement at all tm.es; the right, but not the obligation, to clear the easement and keep it cleared of all trees, undergrowth, or other obstructions; the right, but not the obligation, to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or systems of communication or power transmission or distribution; and the right to relocate said facilities, systems of communications, or related services on said lands to conform to any future highway relocation, widening, or improvements. To have and to hold the above granted easement unto BellSouth Telecommunications, Inc., its licensees, agents, successors, assigns, and allied and associated companies forever and in perpetuity. Grantor warrants that grantor is the tree owner of record of the above described land on which the aforesaid easement.is granted. SPECIAL STIPULATIONS OR COMMENTS: The following special stipulations shall control in the event of conflict with any of'the foregoing easement: Preparer's name and address: (Return document to the BellSouth address on back) L.F.MAYERNIK 2021 SOUTH MILITARY TRAIL WEST PALM BEACH FL.33415 In wimess whereof, the undersigned has/have caused this instrament to be executed on the 199 Signed, sealed, and delivered in the presence of.' day of Name of Corporation By: Witness Title: Wimess Attest: State of Florida County of I HEREBY CERTIFY that personally appeared before me and acknowledged that he/she was the same. The foregoing instrument was acknowledged before me this day of , , by ,(name and rifle of officer) of corporation. He/she is personally known to me or has produced as identification and did/did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of Notary Pubhc Print Name Commission Number: My Commission Expires: Grantor's Address: Grantee's Address: BellSouth Telecommunications, Inc. 2021 SOUTH MILITARY TRAIL WEST PALM BEACH FL. 33415 TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS, INC. DisU-ict [ Wire C~nl~r PALM I BOYNTON BEACH Drawing Location [ Plat Number Approval Title BELL SOUTH EXCLUSIVE EASEMENT A PARCEL OF LAND BEING A PORTION OF TRACTS 1 AND 2 OF THE PLAT OF THE "SUBDIVISION OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST", AS RECORDED IN PLAT BOOK 1, AT PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 33, ALSO BEING THE CENTERLINE OF WOOLBRIGHT ROAD (A RIGHT-OF-WAY 80.00 FEET WI DE), WITH THE CENTERLINE OF SEACREST BOULEVARD (A RIGHT-OF-WAY 80.00 FEET WIDE); THENCE SOUTH 01°31'01" EAST, ALONG SAID CENTERLINE OF SEACREST BOULEVARD, A DISTANCE OF 65.97 FEET; THENCE NORTH 88°28'59" EAST, A DISTANCE OF 40.00 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID SEACREST BOULEVARD; THENCE SOUTH 01°31'01" EAST ALONG SAID RIGHT-OF-WAY LINE. A DISTANCE OF 91.92 FEET TO A POINT OF CURVATURE OFA CURVE CONCAVE TO THE WEST, HAVING A RADI US OF 3859.83 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 06°16'23", A DISTANCE OF 422.59 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 86058'20'. EAST, A DISTANCE OF 32.41 FEET; THENCE NORTH 03°01'40" EAST; A DISTANCE OF 9.61 FEET; THENCE NORTH 86°58'20" WEST A DISTANCE OF 2.50'; THENCE NORTH 03°01'40" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 86°58'20'' EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 03°01'40" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 86°58'20'' WEST, A DISTANCE OF 2.50 FEET; THENCE SOUTH 03°01'40" WEST, A DISTANCE OF 14.61 FEET: THENCE NORTH 86°58'20" WEST, A DISTANCE OF 37.56 FEET TO AN INTERSECTION WITH THE EAST RIGHT- OF-WAY LINE OF SEACREST BOULEVARD; BEING A POINT ON A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 3859.83 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND EAST RIGHT-OF WAY LINE, THROUGH A CENTRAL ANGLE OF 00°04'27", A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING: 335 SQUARE FEET OR 0.0077 ACRES MORE OR LESS. SURVEYORS NOTES: 1) 2) 3) 4) 5) THIS DESCRIPTION AND SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. SEE SHEETS 2 & 3 FOR SKETCH TO ACCOMPANY THIS DESCRIPTION. BEARINGS SHOWN HEREON ARE BASED UPON AN ASSUMED BEARING OF NORTH 89°19'59" EAST ALONG THE NORTH LINE OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST. THE PARENT TRACT INFORMATION FOR TH IS DESCRIPTION AND SKETCH IS BASED UPON A BOUNDARY SURVEY PROVIDED TO OUR OFICE BY THE CITY OF 'BOYNTON BEACH. CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH ATTACHED HERETO MEETS THE INTENT OF THE MINIMUM TECHNICAL STANDARDS FOR DESCRIPTIONS AND SKETCHES AS SET FORTH IN CHAPTER 61G17-6.006 (1) OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. W(~,~ & CO,~.N¥, iNC. PATRICK B. MEEDS JANUARY 9, 2001 PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRANT NO. 4728 W.L.FISH &COMPANY!, BELL SOUTH EXCLUSIVE EASEMENT PROFESSIONAL SURVEYORS & MAPPERS ~ EAST WATER TREATMENT pLANT 1~':~ 105 S. NARCISSUS A~., SUI~ 712 CI~ OF BORON BEACH, FLORIDA ~ST PALM BEACH, ~OR DA 53401 DRA~: E. BARRONIDATE: 01,/09,/2001 ISHEET ~ (561)833-500i FAX: (561)659-6745 ~ , E-mail: m'appers~lfish corn CHECKED: P B M. IJOB~ 2000-393~G~ NO. 1 OF POINT OF COMMENCEMENT S.01°3· 65,97' N.; ¢~ W00LBRIGHT ROAD (80' [ N. L]'NE SEC. ,33, TWP. 45 S: 522.4-8' 91.92' 40.00' ~ R = 3859.83' D = 6'16'23" A = 422.59' .-- SEE SHEET /FOR DETer, /BELLSOUTH /'EXCLUSIVE '~ ~EASEMENT ~ PO~ o~ ~6~m~N6 TRACTS 1 SUBDIVISION 0F SECTION 33, T~. 45 S., RGE. 43 P.B. 1, PAGE 4 S.89'13'0Y'W. 526.44' THIS IS NOT A SURVEY W.L.FISH & COMPANY! PROFESSIONAL SURVEYORS & MAPPE~ 105 $. NARCISSUS AVE., SU TE 712 WEST PALM BEACH, FLOR DA 33401 (561)833-5001 FA)~ (561)659-6745 E-moih mappers~vlfish.com 0 ' 50' 100' 200' 4430' GRAPHIC SCALE % ,,g ;'7 '- BELL SOUTH EXCLUSIVE EASEMENT ~ EAST WATER TREATMENT PLANT CITY OF BOYNTON BEACH, FLORIDA DRAWN E. BARRON[DATE: 01/09/2001ISHEET CHECKED: P.B.M.[JOB# 2000-393LECAL[ NO. 2 OF 3 PARTS OF TRACTS 1 & 2 SUBDIVISION OF SECTION 33, TWP. 4.5 S., RGE. 4-3 E. P.B. 1, PAGE 4- GRAPH[C SCALE POINT OF BEGINNING ~ ge ='~ '""'~'~ueOO'ZU'' E. S~--r ROD & _jo.co, ~ ------ ~~(~p. S.05°01 '40" W. 10.00' 9.61' I S'86°58'20"E. 32.41' I = 3859.83 D = 00°04,27, N.86°58'20" W. I 2.5O' I ~1'~--S-03°01 '40"W. I 14.61' J A = 5.00' BELL SOUTH __~ EXCLUSIVE EASEMENT THIS IS NOT A SURVEY W.L. FISH &COMPANY! BELL SOUTH EXCLUSIVE EASEMENT PROFESSIONAL SURVEYORS & MAPPERS O EAST WATER TREATMENT PLANT 105 S. NARCISSUS AVE., SUIT~ 712 CITY OF BOYNTON BEACH, FLORIDA WEST PALM BEACH, FLORIDA 334.01 DRAWN: E. BARRONIDATE: 01/09/2001 ISHEET ' (561)833-5001 FAX: (561)659-6745 E-m(3il: m(3pper$~vlfish.com CHECKED: P.B.M'.IJOBYf 2000-395LEC, ALI NO. 3 OF 3 Requested City Commission [] July 17, 2001 [] August 7. 2001 ] August21, 2001 Septeml~et 4, 2001 OF CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.6 Date Final Form Must be Turned in to Ci -' Clerk's Office July 5,2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August22, 2001 (5:00 p.m.) Requested City Commission [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned ~ Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m3 October 17, 2001 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mishedBusiness [] Announcement [] Presentation [] City Manager's Report Motion to accept letter of credit no. SM417953C (with amendment) from First Union Ban[x: amount of $166,881 as surety for the installation of the water and sanitary sewer systems serving the project as Alta Chase. ATION: The developer of Alta Chase is constructing a facility in the City of Boynton Beach that will of water and sewer lines to serve the buildings. The subject letter of credit will serve as surety of these utilities, allowing water and sewer services to be provided once both systems are fully IMPACT: None. IMPACT: None ATIVES: Reject the surety, and delay the acceptance of the utilities until all site improvements are fully : fleted. ~gn ~~(d's Signature Utilities ~f~inance / Human Resources -- Department Name Peter Mazzella (w/copy of attachments) City Attorney Finance Dept. (w/original letter of credit & amendment) File (w/copy of attachments) S:\BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LETTER OF CREDIT DATED AUGUST 23:, 2001 AND AMENDMENT THERETO DATED SEPTEMBER 12, 2001, sUBMITTED FOR THE ~ PROJECT KNOWN AS ALTA CHASE BY FIRST UNION BANK (LOC NO. SM417953C) IN THE AMOUNT OF $166,881; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby accept the above referenced Letter of Credit in the amount of $166,881 as surety for water and sewer systems to serve project known as Alta Chase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1.. Thc City COmmission of the City of Boynton Beach, Florida hereby approves and accepts a Letter of Credit for the project known as Alta Chase, and issued by, (Letter of Credit No. SM417953C ) in the amount of $166,881 as surety for water and sewer systems to serve the above project. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of October, 2001 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner ~I/C - Alta CLEAN~ IRREVOCAI~[E ~TANi).B.¥,~[ETTER~ ............ 'NUMi3ER .S~~ ~ '~ OF CREDIT LETTER OF CREDIT AMn~;-7========================j~== ........ ' ..... ~ i~UE DATE USD166, 881. O0 ~ EAPiRy DAT~ BENEFICIARy- -- ......... ===== .... ==== .... LT. OF BOYNTON.~EACH APPLICANT- - ...... UTILITY DEPARTMENT WP SOUTH BUILDERS (FLORt-DA S), L.L.C. i~4 E. WOOLBEt~HT ROAD ilo NORTHCHASE PARKWAy ~OYNTON BEACH, FL 33~35 SUITE 150 RE: ALT~ CHASE, BOYNTON BEACH, ~ENTL. EMEN: MARIETTA, OA 30067 A 216 UNI~ APARTMENT COMPLEY LOCATED AT t575 S~'8TH STREET, FLORIDA 334~6. " ~E HEREBy OPEN OUR CLEAN, IRREVOCABLE STANDBy LETTER OF;. CREDIT IN YOUR FAVOR FOR THE ACCOUNT OF THE ABOVE MENTIONED APPLICANT ~N THE AO~REO~TE OF U~DI66, 881. O0 ' TERMs AND CONDITIONS OF THIS CREDIT SHALL BE ORIGINAL OF THIS CREDIT, AT EITHER OF OUR INTERNATIONAL DIVISION - OR - ; 873~ RESEARCH DRIVE, URP'~ 2OO ~ CHARLOTTE, NC ~8~62 .,. M:I~i o,'rE As P OVI EO HEREIN. DRAFT(S) DRAWN UNDER~ THIS CREDi~ MUST ~ECIFICALL"Y'~:REPERENCE. i iT IS A CONDITION OF THIS LETTER OF CREDIT THAT AUTOMATICALLY EXTENDED WITHOUT WRITTEN AMENDMENT.FOR, i OR ANY FUTURE EXPIRy DATE"UNLESS AT LEAST NINETY EXPIRATZON DATE, WE NOTIFY YOU: IN WRITING AT THI~ COUR'IER THAT WE ELECT NO~ TO P~:NE'W TH'~ ~DD[TIONAL PERIOD(S). IN>THE' EVENT ~ RECE DR.AN HEREU~ER FOR ANY AMO~4T ~ TO T.HE MAX] CREDIT. INCONSISTENT THEREWITH THE LAWS OF THE STATE OF FL~ZDA.. INFORMATION PURPOSES ONLY: ~THE DESIGNATED ~ORPORATiON SERVICE COMPANy, I201 HAYS STREET, TALLAHASSEE, FLORIDA 32301. /1 IR~T UNION NATIONAL TW 0~/1~/0'i Y; ON BEACH SM417~53C : FOURTH pARAgRAPH DELETED ENT~-RELf.,AN A..COUR~ OF TO ;H 'THE ADD TH~ LETTER OF CREDIT'I5 THAT WILL BE OWNED BY THE CITY OF ALL OTHER TERMS AND CONDITIONS REMAIN. UN~,HANQED' .ETTER' iS TO ~E ATTACHED 'TO iNSTRUMENT- AN~ TO ~ECORE AN\I~FF~RAL PnRT 0F TH~ ORIBtNAL' U.NION NATIONAL ~ANA WOOD PARTNERS September 24, 2001 Mr. Peter V. Mazzella City of Boynton Beach Office of the D/rector of Utilities 124 East Woolbright Road Boynton Beach, FL 33435 Re: Alta Chase Apartments 1575 SW 8t~ Street Boynton Beach, FL 33426 Subject: Letter of Credit Dear Mr. Mazzella; In response to your correspondence of September 18, 2001, asking for the agent in Florida to accept process for the Letter of Credit issued for the water and sewer services at Alta Chase, the agent is Corporation Service Company,/'201 Hayes Street, Tallahassee, FL 32301 as identified in the last paragraph of the Letter of Credit. , I am returning, and have enclosed, the Amendment to Irrevocable Standby Letter of Credit dated 9/12/01 for Letter of Credit No. SM417953C. Paul H. Ederle Project Manager W.P. South Builders (Florida South) L.L.C. CC: Vicki Manus Derek Mendez Shandy Bosnak Wood Partners is a Group of Limited Liability Companies 2600 NORr, MmrAR¥ TRAIL. SUITE IO0 BOCA R.qTO~. FLORIDA 33431 PHONe 561,893.0094 561,893.0095 CITy OF BOYNToN BEACH AGENDA ITEM REQUEST FORM RequestS;deCal__Commission Date Final Form Must be Turned July 5, 200t (5:00 P.m.) ~ [~ August 7, 2001 [] September 19,2001 July I8, 2001 (5:00 P.m.j [] August21,2001 ~J October2, 2001 August 8, 2001 (5:00 P.m.) ~J September4, 2001 ~J October 16, 2001 August 22, 2001 (5:00 p.m.) /~] November 6, 2001 NATURE OF AGENDA STEM V '"CONSENT AGENDA TEN (2.7 /~] Adm/n/strafive ~] Consent Agenda /~] DevelOpment Plans /~J PublicHear/ng /~] New Bus/ness l~ Bids /~J Legal [] Announcement [] Unfinished BuS/ness Date Final Form Must be T ~~ C1 - urnecl September 5, 200 l (5:00 P.m.) September 20, 2001 (5:00 P.m.) October 3, 2001 (5:00 P.m.) October l 7, 2001 (5:00 P.m.) [] City Manager's Report [] Presentation RECOMMENDATioN: Motion to approve ~f°?°w'ngeond, tion The platwillnothereeotr~;~;anlt! te?n:a~:s~(heW.,s;'nMa~eas EmANATIoN' Wa ; t°~f~t~na~;e~h';u'b~jeett~- -~ ,ueae the of engineering and the signature and seal of the reviewing sUrVeyor an~ mapper as re~uirefl by state statu~t~ &rector ~e of the t n ~ ' l-Mart is ...~ ..... ~e~ ~lat}~lV~,ng their tract of la · -' ~ me tinal plat g hen a tract of ~-~ nd into five ..... ' .auu is s~b~ivia~~ . ~arcels, t~r of~h:~. . ~u into three or mord~ ~i, be for sa~e. Chapter PROG~ IMPACT: Wal-Mart cannot sell ~areeis and commission the four Parcels ~thout plat approval FISC~ IMPACT: NOne , AL TERNATIVEs: Deny. the plat °epartment ~ LLETIN~ORMS~AGENDA ITEM REQUEsT FORM. DOC KNUI'H RoAD T RESOLUTION NO. 0l- A RESOLUTION OF THE CITY COMMISSION OF THE ,--,-~ xnt: tqNAL PLAT FOR WAL-MART~ BOYNTON BEACH, SV SECT TO THE CONOmoNs SET FORTH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Elorida, upon recommendation of staff, does hereby accept the Final Plat for Wal-Mart at Boynton Beach, subject to the following conditions: WalZMart is subdividing their tract of land into five (5) parcels, four of which will be for sale. 2. The plat will not be recorded until it contains the signatures of the Mayor and acting Director of Engineering and the seal of the reviewing surveyor and mapper, as required by Florida Statute. 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 acceptance of the Final Plat for Wal-Mart at Boynton Beach, subject to the conditions set forth above. Section 2. That this Resolution shall become effective immediately upon passage. l PASSED AND ADOPTED this day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner City Clerk (Corporate Seal) ca/reso/Wal-Mart Final Plat Commissioner Commissioner Requested City Commission Meeting Dates [] July 17, 2001 [] August 7. 2001 ] August 21,2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM C.8 CITY OF BOYNTON BEAC[ 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, 200l (5:00 p.m.) Requested City Commission Meeting Dates [~]. September 19, 2001 [] October 2, 2001 [] October 16. 200l ] 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 ~ c~-.~ [] Public Hearing [] Legal c:> ~ -< [] Bids [] Unfinished Business -'q ~ ~ [] Announcement [] Presentation ~ :vZ' [] City Manager's Report :~ ...... -- -.~ RECOMMENDATION: Motion to relese the remaining $2,000 of the original $20,000 Cash Restora~n lliJ~ posted by Bill Winchester as surety for restoration associated with the excavation and fill removal permit ~o~ Knuth Road. EXPLANATION: The operation has completed and in accordance with the attached memorandum from the Engineering Department, the Department of Development concurrs with the recommendation for full release. PROGRAM IMPACT: n/a FISCAL IMPACT: n/a Q~nffis'l~ileefle, Directo3 of l~velopment Department of Development Department Name City Manager's Signature ~-- City At~t~g~f / Finance / Human Resources S:\BULLETIN~ORMSX, AGENDA ITEM REQUEST FORM.DOC TO: FROM: Quintus Greene Director of Development H. David Kelley, Jr., PE/PS1V~,~~ Civil/Utility Engineer DEPARTMENT OF ENGINEERING MEMORANDUM NO, 01'188 DATE: September 25, 2001 SUBJECT: CASH RESTORATION SURETY EXCAVATION AND FILL REMOVAL PERMIT ON KNUTH ROAD BELMONT AT BOYNTON BEACH WILLIAM R. WINCHESTER A request has been received from Mr. Bill Winchester to release the last 10% of his cash surety that he posted for fill removal on Knuth Road for the "Belmont" apartment project. City Commission Resolution #R00~15 (dated February 15, 2000) reduced his surety from the original $20,000.00 to $2,000.00. Based upon final inspection(s) performed by this department on the completion of Knuth Road and the entrance to the Belmont at Boynton Beach apartment project, we recommend that a agenda item be prepared for the release of the final $2,000.00 for the above noted subject. Previous back-up paperwork is attached for your convenience. If you have any questions regarding this matter, please contact the sender. Thank you for your attention to this matter. HDK:kd Attach: Previous agenda item R00-15 Xc~ Tim Large, Building Code Administrator Dave Kelley, Civil/Utility Engineer Frantz LaFontant, Engineering Inspector File GS/Vlemo #188 Knuth Rd. Belmont, Winchester 092501.doc RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF REMAINING CASH BOND TO WILLIAM R. WINCHESTER, IN THE AMOUNT OF $2,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this project previously posted a cash bond in the amount of $20,000 for the excavation and fill removal permit for Knuth Road; and WHEREAS, the City Commission reduced the cash surety by Resolution R00-15, dated February 15, 2000, from $20,000 to $2,000; and WHEREAS, the project and all inspections have been successfully completed; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the release of the remaining cash bond in the amount of $2,000 to William R. Winchester. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA ATTEST: City Clerk s:caXReso\Letter of Credit/Cash Bond Release - William Winchester Mayor Vice Mayor Commissioner Commissioner Commissioner Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM C.9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOl w Date Final Form Must be Turned in to CiW 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 [] October2, 2001 [] October 16,2001 [] November6, 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: Staff recommends adoption of Resolution R granting the Mayor authority to sign the amended and restated Interlocal Agreement between the South Palm Beach County Public Safety Communications Cooperative (Boynton Beach, Delray Beach, and Boca Raton) and Palm Beach County. EXPLANATION: Delray Beach has misplaced the original agreement, reviewed and signed on April 4, 2000. Agreement contained several non-substantive scrivener's errors, which have been corrected in this amended Agreement". "That PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Hea'd s Si/e~ · ' City Manager's Signature Department Name Communications Division City Attorney / Finance / Human Resources S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DELRA¥ BEACH Nl-~,ricaCity 1993 Ms. da.net M. Prainito, CMC 2001 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: Amended and Restated Interlocal Agreement - South Palm Beach County Public Safety Communications Cooperative Dear Ms. Prainito: In response to your letter dated October 1, 200.1, I have enclosed three (3) original amended and restated interlocal agreements between the City of Boca Raton, City of Delray Beach and the City of Boynton Beach establishing the S.P.B. Public Safety Communications Cooperative for you to place on your commission agenda for approval and execution. After execution by the City of Boynton Beach, please forward all three agreements to: Attn. Ms. Denise Coleman City Clerks Department City of Boca Raton 201 W. Palmetto Park Road Boca Raton, FL 33432-3730 After receipt, Ms. Coleman will then complete the processing of the agreement. A fully executed copy will be sent to your attention. If you have any questions or concerns, you can reach me at (561) 243-7057. Sincerely, Angela Wong Deputy City Clerk Enclosure cc: Denise Coleman, City of Boca Raton THE EFFORT ALWAYS MATTERS RESOLUTIONR01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICAT!ONS COOPERATIVE AND PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the original Agreement which established the S.P.B. Public Safety Communications Cooperative, (comprised of the City's of Boca Raton, Delray Beach and Boynton Beach) was brought before the City Commission on April 4, 2000, and approved; and WHEREAS, that odginai Agreement which enabled the respective police and fire departments and local governments to communicate with each other benefiting public safety concerns was not executed by all parties, and a new document has been generated by the Cooperative, which contains several non-substantive changes; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Upon recommendation of staff, this Commission does hereby authorize and direct the Mayor and City Clerk to execute an Amended and Restated Intedocal Agreement between the South Palm Beach County Public Safety Communications Cooperative and Palm Beach County, which is attached hereto as Exhibit "A". Section 2 That this ResOlution shall become immediately upon passage. effective ! :cl'rY, OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~-~ ATTEST: ..~ City Clerk (Corporate Seal) s:ca~reso~agnintedocal\Cty~SPB Ceop - Con'.'wJnications100801 AMENDED AND RESTATED INTERLOCAL AGREEMENT to establish South Palm Beach County Public Safety Communications Cooperative THIS AMENDED AND RESTATED AGREEMENT, entered into this of ,2000, originally entered into on the 2"d day of February, 1998, by and between the CITY OF BOCA RATON, the CITY OF DELRAY BEACH and the CITY OF BOYNTON BEACH, each a Florida municipal corporation located in Palm Beach County, Florida, hereinafter referred to as the "Parties" and amended on this 17th day of March., 2000. WITNESSETH: WHEREAS, the parties have entered, into anInterloeal Agreement, dated February 2, 1998, to establish the South Palm Beach County Public Safety Communications Cooperative, and the Parties desire to amend and restate said Interloeal Agreement as provided herein (hereinafter referred to as "the Amended and Restated Interlocal Agreement"); and WHEREAS, each of the parties presently maintains a police/fire department and local government with radio communications services, and WIIEREAS, the Parties desire to enter this Amended and Restated Interlocal Agreement to provide a communication system with operation and maintenance services benefiting public safety and local government; and PSCC lntcrlocal 1 Revised 3/2 !/00 WHEREAS, the use of a cooperative of the three municipalities to provide radio communications services expands the geographical use of available frequencies for mutual aid and day-to-day activities; and WItEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately;: and WHEREAS, pursuant to this Amended and Restated Interlocal Agreement, the municipalities' respective police and fire departments and local government will be able to communicate with each other benefiting public safety concerns; and WHEREAS, it is deemed mutually advantageous to enter into this Amended and Restated Interlocal Agreemer~t for the express purpose of cooperating in the provision of communicating services withOut,regard to territorial boundaries, which shall benefit mutually and equally the citizens of each Party. NOW THEREFORE, The Parties, in consideration of the mutual promises, terms, conditions and benefits hereinat~er set forth, the receipt of which is hereby acknowledged, do hereby agree as follows: Section 1. DEFINITIONS 1. "800 hOlTffUI-IF TRUNKED SMARTZONE RADIO (TSR) System" or "System" shall mean the entirety of the jointly-shared TSR system, to include Backbone Items and User Specific Items, as such system will exist following the completion of the Project. 2. "Backbone System" shall mean those non-user specific elements of the System which may be jointly owned, used or shared by the Parties and may include, but PSCC Into'local 2 Revised 3/21/00 not be limited' to, the construction, modification and/or furnishing of new or existing transmitter/receiving sites and related subsystems as required for such System; the construction and/or modification and out-fitting of new or existing equipment storage facilities at such sites; security of such items, base stations, transmitters/receivers, microwave subsystem, trunking/Smartzone controllers/system managers, related software and any other jointly owned, used or shared items. 3. "FCC" shall mean the Federal Communications Commission or any successor agency. 4. "Project Coordinator" shall mean the person designated by the Cooperative Board of Directors to be responsible for the interface between the Parties and the day-to-day coordination and management of the Project during the planning and construction phases. The Project Coordinator shall perform the duties assigned under this and any other Agreement between the Parties relating to the Project or the operation and maintenance of the System. The Project Coordinator is a position required by the Federal Communications Commission (FCC). The Project Coordinator shall be appointed fi.om the Project Team. 5. "Project Team" shall mean the team composed ofrepresentatives designated by each Party to advise the Project Coordinator. The Communications Directors of each Party must be a part of the Project Team. 6. "User Specific Items" shall mean those elements of the System required for each Party's individual communications system, purchased, installed and/or used individually by each Party and shall include, but not be limited to, radios, dispatch consoles, encryption devices, computer terminals, and other communications structures. Each Party shall be responsible for developing its own requirements for User Specific PSCC lnterlocal 3 Revised 3/21/00 Items and supervising the installation thereof at locations determined by such party. Section 2. THE PSCC AND THE BACKBONE SYSTEM A. This agreement constitutes an Interloeal agreement authorized by Section 163.01, Florida Statutes, being a joint exercise ofpower shared in common which any City could exercise separately and shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. B. The purpose ofthis Agreement is to provide for the establishment and operation of a cooperative local government and public safety communication radio system for the mutual advantage of the cities. C. The term of this Agreement shall be for thirty (30) years from the execution of this Interlocal Agreement by all Parties hereto, unless sooner terminated as provided herein. D1. There is hereby created an administrative agency to be entitled the South Palm Beach County Public Safety Communications Cooperative, herein after referred to as "PSCC". The PSCC shall have the following general powers by the Parties: 1. Lease, sublease or be assigned the lease of real property from any political subdivision of the State of Florida; 2. Receive funds, including but not limited to gifts, grants and bequests, from any mm'ce, public or private, provided that no power to levy taxes or assessments be infer/ed herefrom; 3. Improve and maintain any and all real property acquired by lease, sublease or assignment ora lease; 4. Purchase, lease and install fixtures and moveable property appropriate to a local government and public safety radio Backbone System; PSCC Interlocai 4 Revised 3/21/00 5. Enter into contracts; and 6. Exercise any other power that may be necessary for the operation ora cooperative local government and public safety radio Backbone System or that may hereafter be agreed to by all Cities if within the common powers of all Cities; 7. Hold titles and licenses for the operation of the radio Backbone System. D2. The PSCC shall be governed by a board ofthree (3) people to be known as the Board of Direct. ors, which shall consist of the City Managers of each City or their designee. A chairperson shall be selected by and fi.om the Board membership. A secretary shall be selected by, but not fi.om, the Board membership. The chairperson and secretary shall serve for a tefi'n of one year and may serve successive terms without limitation. Board members shall serve without compensation fi.om PSCC; however, any City may reimburse the member representing that City for expenses incurred for attendance at meetings. Each Board member shall be entitled to one vote. The presence of a representative of each Party shall be required to constitute a quorum. Action of the Board shall be by majority vote of the Board. Each City Manager shall select an alternate member for the Board, who shall serve in the absence of the regular member for whom he or she is an alternate. The Board shall establish such procextural rules and regulations for the conduct t~fits meetings as it may deem necessary, including the recording of minutes. The Board shall meet at least once a year and at such other times as the Board shall determine. All decisions of the Board shall be published in a set of minutes, prepared by a recording secretary selected by the Board. The minutes shall be prepared and distributed to the City Manager and City Clerk ofeach of the Parties PSCC lnteriocal 5 Revised 3/21/00 within fifteen (~15) days following each meeting of the Board. The minutes shall be ratified by the City Commission or City Council of each Party. E. The Board of Directors may assign: questions relating to the daily administration and operation of the function of the communications radio system to a committee which shall be known as the Administration Committee. The Administration Committee shall consist of one representative of each Party to be appointed by that Party's City Manager. It is the intent of this Agreement that such appointments will be made bom Communications Center Managers and/or Directors. An alternate member shall be selected by each City Manager to serve in the absence of the regular member. Each member of the Administration Committee shall be entitled to one vote. The Committee shall meet at such times as the Committee deems necessary. The AdminiStration Committee shall fittend all meetings of the Board. Members shall serve without compensation fi.om PSCC; however;, any City may reimburse the member representing the City for expenses incurred for attendance at meetings. All actions of the Committee shall be subject to the review and approval of the Board of Directors. F. It is the intent ofthis Agreement that the PSCC shall be established with Local Government and Public Safety radio communications as the main function of operation. However, the Board of Directors may from time to time, subject to the approval of the governing bodies of all Parties, add additional functions Io the system as it may deem to be in the best interests ofthe public. (3. The Administration Committee shall prepare the annual operation budget for submission to the Board of Directors. The Administration Committee shall keep an accurate accounting of the financial operation of the PSCC and shall report quarterly to the Board of Directors on the financial condition of the PSCC. PSCC interlocal 6 Revised 3/2 !/00 1. The Party, CITY OF DELRAY~BEACH's Finance Department shall act as the lead agency With respect to the administrative work in preparing the annual budget, setting up and monitoring necessary banking accounts md/or special revenue funds, and maintaining funds for disbursement for the PSCC shared expenses. The CITY OF DELRAY BEACH Finance Department shall perform this administrative function at no cost to the PSCC or the other Parties. 2. Each Party/City shall independently provide monies and issue purchase orders for the purchase of user specific items. 3. Each Party/City shall provide monies to the PSCC for the purchase of shared Backbone items. 4. The CITY OF DELRAY BEACH Finance Department shall maintain all financial records. H. The annual budget of the PSCC shall be approved by the Board of Directors and submitted to/he City Managers of the Parties no later than May 1 st of each year. Each annual operating budget of the Cooperative shall be approved by resolution of the independent governing bodies of each Party. Any unbudgeted financial commitments shall also be approved by resolution of governing bodies of each Party. The fn'st fiscal year of the PSCC shall begin with the effective date of the Agreement, ending September 30, 1998; and shall thereafter be concurrent with the fiscal years of the Cities. The annual budget for the first fiscal year ofthe PSCC shall be prepared and adopted by the Board of Directors no later than sixty (60) days following the effective date of this agreement. PSCC lnterlocal 7 Revised 3/21/00 I. The Parties hereby warrant and represent that each has the full legal authority and financial ability to operate and maintain the shared Backbone items through the PSCC. Section 3. TITLE TO SHARED BACKBONE EQUIPMENT AND SOFTWARE LICENSES The PSCC shall hold title to the shared Backbone equipment. Proprietary software required for the operation of the Backbone and user specific equipment shall be licensed to the PSCC in a manner which will permit its independent use by each Party, and include appropriate warranties running directly to the PSCC. Section 4. TORT LIABILITY To the extent permitted by law, each Party, the CITY OF BOCA RATON, the CITY OF DELRAY BEACH, anal the CITY OF BOY'NTON BEACH shall each be responsible for its own negligence. Nothing"!aerein shall be deemed to waive any immunities granted pursuant to Section 786.28, Florida Statutes. Section 5. WITHDRAWAL,FROM 800 MHz/UItF TSR SYSTEM After the contract(s), pursuant to the provisions of Section I.C. above has been executed, and installation of the Project has commenced pursuant to such contract(s), any Party may, upon three (3) years prior written notice, as described below, withdraw fi.om the System and terminate their interest in this agreement. A. There shall be no refund ofany payments under this Agreement of the costs of the shared Backbone equipment or software to a Party should that Party decide to cease using the Backbone equipment or software. B. If this Interioeal Agreement is terminated by any party, then that party may remove all User Specific Items purchased solely by it for attachment or addition to PSCC interloeal 8 Revised 3/2 !/00 the system, or sell such User Specific Items to the remaining parties at a price to be negotiated at that time. If such User Specific Items are removed, all removal expenses shall be the responsibility of the removing Party. C. Ifany Party sells its User Specific Items to an agency that is not a party to this Interloeal Agreement, that agency shall not become a party by virtue of the purchase of the equipment. D. No Party shall remove or disconnect any User Specific Items fi.om the system that would result or cause the system to malfunction or disrupt service to the system users. E. Nothing contained herein shall constitute a waiver of the right of any Party to damages occasioned by any breach of this Agreement by the other Party. F. Should any Party elect to withdraw fi.om this Agreement, the other Parties shall make arrangements to relocate all PSCC equipment situated in the city limits of the withdrawing Party. Section 6. ADDITIONAL AGREEMENTS, AMENDMENT After the Project is completed and the System is operational, no additional parties, cooperative agencies, or additional expansion of the Backbone System may be added or deleted fi.om such System without the written approval of the Parties and an amendment to this Agreement adding such additional party, agency, or additional expansion to the Backbone System. Upon written consent of the Board of Directors, individual parties may subcontract services to include talk groups to other government or regulatory agencies. These services shall not exceed their respective alloeat ion. Section 7. OPERATION AND MAINTENANCE The Parties recognize that this Agreement provides for the planning, acquisition PSCC Interlocal 9 Revised 3/21/00 and construction of the Project. The initial cost of certain Radio Backbone equipment shall be shared equally among the Parties to the agreement. Unless the Parties provide to the contrary in the subsequent amendment to this Agreement, each Party shall be responsible for(i) 100% of the cost of operating and maintaining its User Specific Items included in the System, and (ii) each Party is responsible for one-third (1/3) of the cost of operating and maintaining the shared Backbone equipment. After appropriation mid budgeting of funds by the Parties, payment to the PSCC for the cost of operating and maintaining the shared Backbone equipment shall be made annually. The budget distributed to the CityManagers of the Parties shall be based upon the good faith, written calculations made by the Project Coordinator. The Parties shall have a right to examine the records used by the Project Coordinator in making the calculations upon which payment by the Parties to the PSCC for maintenance and operating expense of the Backbone equipment will be based. Th~..PSCC shall insure funds collected are disbursed to the maintenance vendor. Section 8. AMENDMENT TO AGREEMENT This Agreement shall not be amended or modified except in writing executed by the Parties, and approved by resolution of the independent governing body of each Party. Section 9. MISCELLANEOUS PROVISIONS 1. Each person'signing this Addendum on behalf of either party individually warrants that he or she has full legal power to execute this Addendum on behalfofthe party for whom he or she is signing, and to bind and. obligate such party with respect to all provisions contained in this Addendum. PSCC Interlocal 10 Revised 3/2 !/00 2. The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 3. Any notice govern pursuant to the terms of this Interlocal Agreement shall be in writing and hand-delivered or sent by certified mail, return receipt requested. Notice shall be sent to each City Manager of the Parties. 4. If any terms or provision ofthis Interloeal Agreement, or the applieal/ion thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. 5. This Agreement shall be gove.rned by the laws of the State of Florida. Any and all legal action necessary to enforce this Interlocal agreement shall be held in Palm Beach County, Florida. 6. This Interlocal Agreement represents the entire understanding of the Parties, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained herein may be added to, modified, superseded or otherwise altered, except by written instrument executed by the Parties hereto. 7. Ail provisions ofthis Agreement calling for the expenditure of ad valorem tax money by any Party is subject to annual budgetary funding, and should any Party involuntarily fail to fund any oftheir respective obligations pursuant to this Agreement, this Agreement may be terminated as to that party. PSCC Interlocal l 1 Revised 3/2 !/00 8. The Interlocal Agreement dated February 2, 1998 shall remain in full force and effect; provided, however, in the event ora conflict between the terms and conditions ofthis Amended and Restated Interloeal Agreement and the lnterlocal Agreement dated February 2, 1998, the terms and conditions of this Amended and Restated Interlocal Agreement shall control. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year fn'st above written. CITY OF BOCA RATON '~2arol (3. Hanson Mayor of Boca Raton, Florida Attest: City"Clerk,' ~it3' 6fBoca Raton Date Approved as to Form and Legality City'~omly Boca Raton, Florida CITY OF BOYNTON BEACIt Jerry Broening D~i~ Mayor of Boynton Beach, Florida PSCC interlocal 12 Revised 3/21/00 Attest: ~ity t~lerk, City ofBoynton l~each Approved as to Form and Legality City Attorney Boynton Beach, Florida CITY OF DELRAY BEACH Date Mayor of Delray Beach, Florida Attest: City Clerk, City of Delray Beach Approved as to Form and Legality i~-. CityAttomey Dekay Beach, Florida PSCC Interlocal 13 Revised 3/21/00 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged befo.~le me this ..- day of , on behalf of ,2000, by Mayor _ the' City of Boca Ratom He~she..Is persor~ally known to me or has produced as identifica$ontt~nd did/dicl-I~ot take an oath. Notary~bfio-- -' Serial Number: My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of ,2000, by Mayor , on behalf of the City of Boynton Beach. He/she is personally known to me or has produced as identification and did/did not take an oath. Nanle: lblotary Public Serial Number: My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~9/~,p day of ' ~4- , ,...w..,,~,~at~lgrq/~e.~ ,200~1, byMayor ~V[~ ~~ on~lfof the City of Dekay Beach. H~she is ~rsonally knomto me or has produced PSCC lnterlocal 14 Revised 3/21/00 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21,2001 [] September4, 2001 VI.-CONSENT AGENDA ITEM C.:1.0 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16,2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion for ratification of the Collective Bargaining Agreement between the City of Boynton Beach and the Police Benevolent Association (PBA). EXPLANATION: This Agreement sets out in substantial form the agreement reached between the City's negotiating team and representatives of the PBA. This Agreement is effective from date of ratification to 9/30/04. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature James A. Cherof Department Name -'~- - City'Manager's Signature" 'City A~tt~3~y-~'Finance / Human Resources S:kBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION ROI- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE POLICE BENEVOLENT ASSOCIATION FOR THE PERIOD OF OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2004, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the Police Benevolent Association (PBA) have successfully concluded negotiations for a there year contract; and and WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Agreement and execute the same; 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 ratify the Agreement between the City of Boynton Beach and the Police Benevolent Association (PBA) for the period of October 1, 2001 through September 30, 2004, and authorizing and directing the Mayor and City Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A". Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice:Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) s:cah'esokagreements~PBA- 01-04 Commissioner 2001-2004 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc TABLE OF CONTENTS ARTICLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Preamble Recognition Non-Discrimination Dues Deduction Union Business Bulletin Board Testing Vacancies Management Rights Advisory Committee Hours of Work Wages Seniority Work Week/Overtime Compensation/Call Back Uniforms Medical Expenses Group Insurance Leaves Holidays Funeral Expenses Equipment Maintenance & Safety Training Career Path Program Personnel Records Legal Action Awards and Commendations Grievance Procedure Rights of Law Enforcement Officers Under Investigation Discipline and Discharge Past Practices Personal Vehicles Department Policies, Rules & Regulations S:\CA\Collective Bargaining\PBA\200! Collective Bargazninq\Proposals\Draft 2 - 100301.doc 2 8/12/99 CITY UNION 10/02/2001 33 34 35 36 Maternity Leave Complete Agreement & Waiver Clause Severability Duration Signature Page S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - t00301.doc q ~ /tho ARTICLE PREAMBLE This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and Palm Beach County Police Benevolent Association, located in West Palm Beach, Florida, hereinafter refereed to as the "Union", for the .purpose of setting forth the parties Agreements regarding rights, wages, benefits, and conditions of employment. S:\CA\Collective Bargaining\PBA\200t Collective BargaininqkProposalskDraft 2 - 100301.doc 4 1 'D ARTICLE 2 RECOGNITION The City hereby recognizes the Union as exclusive bargaining agent for the purpose of presenting proposals relatiVe to salaries and other conditions of employment for the bargaining unit consisting of all full time sworn police officers within the following job classification: Police Officer and Police Detective, or as modified by PERC. The term "member" or "employee" will mean any member in the bargaining unit. Effective October 1. 2001, the City will no longer fill vacant Detective positions. All bargaining unit members who:hOld the position of Detective at time of ratification of this Agreement shall continue to serve as Detectives until: A. The member is promoted, or ' The member resigns from the position, or The member is demoted, for cause, or D. The member retires. S:\CA\Collective Barqaininq\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc '~ t~ /th") /Oththl 5 ARTICLE 3 NON-DISCRiMINATION The City will not interfere with the fights of officers to become members of the Union, and there to join the Union. The City and the Union oppose discriminatory behavior of any nature. ' and the Union shall work jointly to eradicate discriminatory conduct in the work place. Union agree that bargaining unit members have an affirmative duty to act against discriminatory behavior when it occu/'s in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including means any communication, verbal or non-verbal, or not acceptable, desired, or solicited and relates to race, sex, co national origin, handicap, familial status, sexual orientation, age, or marital status. S:\CA\Coi!ective Bargaining\PBAk2001 Collective BargainingkProposals\Draft 2 - 10030t.doc 6 10/02,/c'r,r,~ ARTICLE 4 DUES DEDUCTION Upon receipt of a form provided by the Union and approved by the City which has been voluntarily executed by a City employee who is a member of the bargaining umt, the City will deduct from the pay due the employee, those dues and uniform assessments required to retain Union membership as certified by the Union. The total amount of deductions shall be remitted each month by the City to the Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) days after notification of the revocation of the authorization to deduct by the employee. S:\CA\Collective BargainingkPBA\2001 Collective Bargaining\Proposals\Draft 2 - i00301.doc CITY UNION ARTICLE 5 UNION BUSINESS Section 1. Union representatives will be granted up *- r,,v,~_ ri .<~ ,~ .... ri ,,~ ~, ..... ~ ,~,~, -~ any member as follows: A, Engaging in collective'bargaining with the representatives of the CITY. B. Processing of grievances. C. Accompany a fellow employee when: 1. The employee is required to appear at a hearing related to a grievance. 2. The employee is presenting or responding to a grievance. 3. The employee is subject to interrogation in conjunction with an internal affairs investigation. 4. The employee is attending a pre-determination hearing. The CITY may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the CITY'S part shall not be arbitrary or capricious, nor shall it allow the CITY to proceed in a manner which deprives the employee of his or her right of representation. A UNION representative shall be permitted leave to attend functions of the Union, provided that such leave shall be at no cost to the CITY and representatives shall use accrued Vacation leave. Section 2. No employee shall engage in Union business while on duty except as referenced in Section 1. S:<CA\Collective Bargaining\PBA\2001 Collective Barga!ning\Proposals\Draft 2 - 100301.doc 8 ~,/~,~ ~ CITY U~IO~ 10/02/2001 ARTICLE 6 BULLETIN BOARD The City will provide bulletin board space; one in the Line Up Room and one in the Detective Division for the exclusive use of the Union, for posting bulletins, notices and other union material. A notice or item placed on the bulletin board shall :bear, on its face, the legible designation of the person responsible for placing of this notice or item on the bulletin board. S:\CA\Collective Barqaininq\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc /12/99 CITY UNION ~ /~o /o~I 9 ARTICLE 7 ELIGIBILITY FOR PROMOTION All bargaining ~t members who have served for three years as a sworn law enforcement officer in the City of Boynton Beach may quaH~' are eligible for testing for promotion to the position of Sergeant. S:\CA\Collective Bargain~ng\PBA\2001 Collective Bargaining\Proposals\Draft 2 - t00301.doc 10 8/12,/99 CITY UNION 10/02/2001 ARTICLE 8 VACANCIES Section 1. Consistent with the Ciw's recruitment and selection policy (PPM Chapter 06), vacant positions shall be filled in the best interest of the City through recruitment and selection of employees on the basis of their qualifications and relative knowledge, abilities, and skills, Section 2. When a position in the bargaining unit is filled by hiring a candidate with law enforcement experience from another agency, the candidate may be hired at a base annual rate of pay not to exceed $38,800 in year one, $404158 in year two, and $41,563 in year three, S:\CA\Collective Bargaininq\PBA\2001 Collective BargaininglProposalslDraft 2 - 100301.doc 8/12/99 CITY UN I 0I>1 11 ARTICLE 9 MANAGEMENT RIGHTS A. To establish procedures to hire, promote, and lay offemplOyees. B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another. D. Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. F. Schedule and change the work to be performed by employees. G. Formulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement. H. Introduce new services, procedures, materials, facilities and equipment. I. To require employees to submit to physical, medical, and psychological testing to determine fitness for duty. No bargaining unit member shall be ordered to submit to physical, medical or psychological testing to determine fitness for duty without such testing being approved by the Police Chief and the City Manager. J. Determine and change the equipment and materials provided to or not provided to employees. K. Add to or change the qualifications necessary for any job classification. S:\CAkCollective Bargainlng\PBAk2001 Collective Bargaining\Proposals[Draft 2 - I00301.doc 12 8/12,/99 CITY U~ tO/no Create, alter or disband any Departmental unit or transfer members based upon the needs of the department as determined by the Chief. The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. The City:supports random drug testing for all bargaining unit members. The City reserves to itself the power to order employees to submit to reasonable suspicion or random drug ~testing, subject to compliance with the testing/sample handling procedures as set forth in Florida Statute and the Florida Administrative Code, as referenced in the City's Drug Free Workplace Policy. The City agrees to use State certified laboratories for all drug testing. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. In the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented prior to resolution of the impact bargaining. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 13 ~/12/99 CITY U~IION 10/02/2001 ARTICLE 10 ADVISORY COMMITTEE Section 1. By mutual agreement between the City and the Union, they may establish a joint committee. The Union position classification covered by Section 2. This committee may meet as needed by mutual consent; and meetings may be held between the hours of 8:00 A.M. and Monday through Friday or at another mutually regular working hours additional pay or leave benefits. participants outside of will not receive Section 3. Attendance by other than members ofthe Union and City Administrative Officers will be by agreement of a majority of the members of the Committee and shall first receive the approval of the Chief of Police. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - t00301.doc 14 o~ ~ITY U 10/02/2001 ARTICLE 11 HOURS OF WORK AND OVERTIME ................... 2 o, .................. ~v,~ The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day work cycle. The work cycle per bargaining members assigned to 8 hour shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining mt members assigned to the .11.5 hour shift will be paid overtime for all hours worked in excess of 170 hours in a 28 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 8 hour shift will be paid overtime for all hours worked in excess of 40 hours in a 7 day work cycle. For purposes of calculating overtime, only hours actually worked, hours taken for authorized leave for training or school, and vacation leave shall be counted as hours worked. Overtime pay, when so granted, will normally be contained in the member's next regular pay check following the time worked. Employees who are in a duty status seven (7) or fewer minutes either prior to or after their shift will not be eligible for overtime pay. Employees who are in a duty status eight (8) or more minutes either prior to or after their shift must be so only with the Supervisor's approval in order to be eligible for overtime pay. Section 2. Pursuant to Article 9, Section ID., it is a Management Right to establish and change the starting and quitting times and the number of hours and shifts to be worked. Departmental wide shift schedules shall not be changed without the City providing thirty (30) days advanced notice to the Unio of the hang Section -2-3. No member of the Bargaining Unit shall be required or allowed to work more than ~ ebghteev~f44~ sixteen (16) continuous hours except during a declared emergency or during an ongoing immediate investigation. Members of the Bargaining Unit acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently and effectively S:\CA\Collective BargaininqlPBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc ~/12/99 CITY UNIObl 15 carry out their responsibilities. No member of the bargaining unit shall be scheduled either by the department or through shift swaps, details, or over-time, to work more than 16 ~ hours of duty in a 24 hour period, except during emergencies or where overtime is required to complete an on duty assignment, i.e. late arrest. For the purpose of this section, duty means regular assigned duties and detail assignments, not to include court, depositions, filings, and similar judicial responsibilities. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - i00301.doc 16 o /4 o /c~n CITY r~x~.~,~ ,. .. 10/02/20CI ARTICLE 12 WAGES based sc!c!y ~n ..c:r re Section 1. Base WaRe Adjustments S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 17 ~o /~ o /aa CITY UNION BARGAINING UNIT MEMBERS HIRED PRIOR TO 1/1/01 Year One (October 1, 2001- September 30, 2002): The City has transitioned to a performance based compensation system. Pc The procedures for most score of less than 2.91 shall have a counseling termination: Year Two ffOctober 1, 2002- September 30, 2003): Effective the first pay period folloWing October 1, 2002, each bargaining unit member hired.. on or before 1/1/01 Will have their base wage adjusted by adding to their base salary_ a percentage of the amount shoWn in.Column 8 on Exhibit "A", based on their most recent performance evaluation as follows: Outstanding Exceeds Expectations Meets Expectations Below "Meets Expectations" 100% 90% 80% 0%, subject to 90 day re-evaluation rule state above. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - t00301.doc 18 o~/12/99 CITY U~ 10/02/20©1 Year Three (t:October 1, 2003- September 30, 2004): Effective the first pay period following October 1, 2003, each bargaining unit member hired on or after 1/1/01 will have their base wage adiusted by adding to their base salary a percentage of the amount shown in Column 8 based on their most recent performance evaluation as follows: Outstanding Exceeds Expectations Meets Expectations Below "Meets Expectations" 100% 90% 80% 0%, subject to 90 day re-evaluation rule state above. BARGAINING UNIT MEMBERS HIRED ON OR AFTER 1/1/01 Bargaining unit employees hired on or after 1/1/01 shall not progress in base pay in the same manner as bargaining unit members hired prior to 1/1/01. Bargaining unit employees hired on or after 1/1701 shall advance in base pay as follows, provided the member receives a performance evaluation of "Meets Expectations" or better: 1s'r (10/1/01) 2m> (10/1/02) 3tm(10/1/03) PROGRESSION PROGRESSION PROGRESSION $35,530 $37~129 $38,800 Section 2. STARTING AND TOP OUT PAY The starting salary for a new hire police officers during term of agreement as follows: 10/1/01-9/30/02 $34,OOO 10/1/02-9/30/03 $35,190 10/1/03-9/30/04 $36,422 The top out pay (maximum base annual salary) for police officers during the term of this agreement is as follows: 10/1/01-9/30/02 $53,529 I10/1/02-9/30/03 $55,900 10/1/03-9/30/04 $59,000 No member shall receive an adjustment to base salary in excess of top out pay. Payrnent over S:\CA\Collective Barqaining\PBA\2001 Collective Bargainlnq\Proposals\Draft 2 100301.doc /12/99 CITY UNIO~I 19 base ~hall be lump sum and may be treated as wages for pension calculation purposes when approved by the Pension Board. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 20 8/12/99 CITY Section 3. SHIFT ASSIGNMENT PAY Each member assigned to the 11 ½ hour shift, who works that shift, will be paid an additional 8.5% of base for each hour actually worked. Section 42. Special Assignments Pay. A. Traffic Division: Members assigned to the Traffic Division who are required to ride a motorcycle shall be compensated an additional 5% for hazardous duty during said assignment. B. Vice Members: Those members who are assigned to vice shall be compensated an additional 5% for hazardous duty during said assignment. C. Investigators: Those members who are assigned to the position of investigator shall be compensated an additional 5% during said assignment. D. SRT (Special RespOnse Team): Those members who have successfully completed testing and are selected as a member of the Police Department SRT Team, shall be compensated an additional 10% for hazardous duty when said Team is actually called to duty. E. K-9 Unit. Members assigned to the K-9 Unit will receive one (1) hour of overtime for K-9 care, equipment maintenance and vehicle cleaning for each RI)O, vacation day where the dog is not kenneled or otherwise boarded. K-9 officers will be allowed one (1) hour of duty time per work day to tend to K-9 care, equipment maintenance and vehicle cleaning. Members on vacation will be credited one hour per day for K-9 care, equipment maintenance and vehicle cleaning. F. Officers, while assigned as Field Training Officers and who have completed successfully the required 40-hour training shall r ~;'~ ~ ~'~* -~*~ ~:rr .... ,;~, ~,,'e'~ ~ ,~n ~, w~e,k.be compensated an additional five (5%) during the assignment. G. Directed Patrol Unit (DPU). Those members who are assigned to the Directed Patrol Unit shall receive an additional five (5%) during the assignment. S:\CA\Collective_ Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 21 ~,°/4~_~.o/99 CITY r~,~. ,~ .. ~/n~ /~001 ARTICLE 13 S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\?roposalskDraft 2 - 100301.doc 22 UM 1 OM O /"1 ~ /~ ~T~V f. go \CA\Collective Barqaining\PBA\2001 Collective Barcja±n±ng\Proposals\Draft 2 - 10030i.doc 23 /'~ ~ /~9 CITY UNIObl SENIORITY Section 1. The Cir7 agrees that seniorit~ shall consist of continuous accumulated paid service the date of Section 2. A. Filling temporary vacancies. See Article 14, Section 3. Layoffs will be in reverse order of seniority. C. Selection :of day or night and starting time patrol assignments. D. Any special event (Holiday Parade, GALA, July 4th, or any other event) shall be offered through a rotating list of Police Officers based Upon department seniority. This section does not apply to special details. Section 3. Assi_m~mems to platoons, divisions, and units, is a management fight. Seniority. will be given great Weight in the selection process, after qualifications and balance of personnel arc considered. Seniority may not in ail cases be a prevailing qualification or the sole basis for thc selection. The decision may be reviewed upon ~:equest b~ the Chief of Police who has the final decision. Section 4. In the event of a declared emergency alternate .qhifis or work schedules may be adopted by the Chief of Police as needed. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 ~ !00301.doc 24 o ~ o/a~ CITY U~IIC~; 10,/0q ARTICLE 14 IlTI"~DV XITE'T2V I'~x,rl='DTTX4'I=' tmt'~X,'fD'~T~2 A TTI'~%.T ADDITIONAL MONETARY BENEFITS A. Compensatory Time Members of the Bargaining Unit shall have the option of accumulating a maximum of eighty (80) hours, per fiscal year, of compensatory time at time and one half. A bargaining unit member who is promoted to a position outside the bargaining unit, or who retires, or who is terminated, will be paid the balance of all unused compensatory time. Compensatory time earned and accumulated shall be paid off totally in September of the fiscal year if not utilized by the end of the month of August. Compensatory time accumulated will be taken within the scheduling needs of the Department. Section 2. Special Detail Assignment All Bargaining Unit Members assigned to cover special details may report directly to their assignment without prior checking in or out at the police station, but must advise a supervisor personally or by radio. The officer assigned to special detail shall comply with all current department policies and procedures in effect. S:\CA\Coltective Bargaininq\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc $,/12,/99 CITY UNI©N 10/02/2001 25 Section 3. Call Back Call back is defined as any time an officer is called into work when he/she is off duty, or when the work time is not contiguous with his/her assigned shift. In the event of call back the employee shall be compensated for the actual time worked, but not less than three (3)hours at the rate of pay one and one-half (1 !/2) times his basic hourly rate reflected in the pay schedule in Appendix A. When an officer is called for call back he/she will be guaranteed a minimum of three (3) hours at time and one-halt hours or or not he/she Ste 1 Vacancies filled with the off- oin shift latoon b seniori . shifts ineli ible to work. This occurs on _Monda Wednesda and Frida . Ste 4 All atrol officers not reviousl covered b seniori Step 5 Vacancies will be offered to Detectives Step 6 Ordered in by reverse seniority Section 4, Court Time A. Court time will be paid at time and one-half when the officer is not on his.regular assignment. An officer on court time will be compensated a minimum of three (3) hours at time and one-half. B. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour Bar~aining~Proposal~ra~t 2:- l~0~01.dcc 26 on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assiglunents. When an employee is required to stand by for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. If an officer does go to court he will be paid for the court time indicated in Section A and not receive standby time pay. C. Bargaining unit members may report directly to court without prior check in at the police station. Members are still required' to document their attendance at the court house and submit documentation to the Department. Section 5. On Call Any bargaining unit member who is on an "on-call" (on-pager) basis other than court time as outlined in Article 14, Section 4 shall receive compensation of one hour of pay at time and one half for each day (24 hour period) on call. No member will be placed "on-call" without the approval of a division commander, Bureau commander, or designated representative. Section 6. O~¢,ime-Eey. Reserved Section 7. Schedule The City will establish the hours of work best suited to meet the operational and fiscal needs of the Department. Any officer who accepts and participates in a shift swap will follow the proper protocol. If the officer is sick and cannot meet his/her obligation to work the shift, they are permitted to find a replacement without penalty. If any officer abuses this privilege by calling in sick the first time, they will lose the sick time (per hour) and be suspended from shift swaps for three (3) months. The second subsequent sick call will be a six (6) month suspension from shift swaps, and the third sick call could force the member to be permanently disqualified from shift swaps. The member calling in sick will not be penalized if they provide a legitimate excuse or provide documentation of being sick. Section 8. Shift Changes - Employer S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 27 CITY UNIOST An officer will be given adequate advance notice as determined by the Chief of any change in his/her regular hours of Notice given less than forty-eight (48) hours before any changed schedule i or days off) is to take effect, entitles the officer to receive compensation at the rate of one and one-half(1.5) times his/her regUlar salary for the first day of his/her tour of duty. Section The City agrees that any member required to be out of Palm Beach County to attend court, seminars, or for any other reason as a result of his/her duties as a police officer, except if the officer is exclusively the plaintiffin a personal civil action, will be paid his/her regular rate of pay for each day or partial day required for said purposes. There will be no regular or overtime compensation. \CA\Collective Bargaining\PBA\2001 Ccllectzve Bargaininq\Proposals\Draft 2 - 10030!.doc 28 /~ ©/c~n CITY U~ ARTICLE 15 UNIFORMS Section 1. The City will provide up to three (3) full uniforms per year and shoes every six (6) months on an as-need basis. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Chief, and if adequate funds are available in the City Budget. The Detectives and other members of the bargaining unit assigned to plain clothes duty will receive, in lieu of uniforms, a total of$1,000.00 a fiscal year. paid in $250 installments at the end of each quarter and pro-rated as appropriate. .~ ..... and pro'rate?., as apprapNate. Reimbursement, replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval of the Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required to include, with his/her claim, an explanation of the circumstances of the damage and appropriate repons concerning the incident where damage to his uniform took place. This allowance shall commence from the date of assignment on a pro-rated basis. Uniformed Officers assigned to plain Clothes duty for more than three (3) months at a time will receive clothing allowance in accord with the above for the three O) months and pro-rated thereafter. Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall notify those employees that are eligible, to take their uniforms only to the approved dry cleaning establishment in Boynton Beach selected by the City. Sworn Detectives and other members assigned to plain clothes will be given a cash cleaning supplement equivalent to that given the uniform officer. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro-rated basis. S:\CA\Collective Barqaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - i00301.doc 29 ~°,/12,/99 CITY UNIOn] ARTICLE 16 MEDICAL EXPENSES Section 1. Members will receive and shall be obliged to take annual electrocardiogram and physical examination performed by an agency or doctor to be approved by the City. Scheduling will be at the discretion of the Departrnent:, and the results wall become part of the employee s record. Th City will pay the cost of this examination only. Section 2. undergo and the City will pay for a Stress Test,_. more than a third~ of the bargaining unit being compensated for ; with no one year. any shall be S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301. doc 30 ~o ~ o ~aa CITY UNION ARTICLE 17 GROUP INSURANCE Section 1. Medical Insurance The Ci_ty shall pay the total medical, hospitalization, and dental insurance premium for all regular employees. The employees will pay the full cost of medical, hospitalization and dental insurance for their dependents. Existing or comparable coverage shall remain in effect for the duration of this Agreement; however in the event the City can provide for alternative equivalent benefits options for employees then the health insurance coverage for the employee and their dependents may be amended from time to time. In this connection, should the employees' cost to provide dependent coverage for their dependents increase more than 15 % during any fiscal year, the City agrees to open this Article for the purpose of impact bargaining. The review and selection of insurance coverage shall be made on an annual baSis by the City. To that end, the City will form an insurance advisory_ committee to be comprised of an equal number of non-represented members who are appointed by the City Manager and two members from each of the city's bargaining units. Bargaining unit representatives shall be designated by the Union. The final decision regarding selection of coverage is reserved to the City, but the City shall strongly consider input and recommendations from the insurance advisory_ committee. Section 2. Life Insurance Members of the bargaining unit shall be covered by $25,000 of group life insurance with the premium paid by the City. Section 3. Dental Insurance S:\CA\Collective Barqaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc ~,°/~,/99 CITY UNION 10/02/2001 31 A group dental insurance program will be provided by the City and the City will pay the premium for employees and $7.00 per month of the premium for family coverage. S-\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 32 /12/99 CITY U~I .... ARTICLE 18 LEAVES Section 1. Annual Leave - Vacation Personnel in the bargaining unit hired after January 1, 1992 will be covered by City of Boynton Beach Personnel Policy Manual for all issues relative to annual leave, provided that they shall receive ~ 0 ..... *;^~ ~ .... 80 hours in year 1. ~AI1 employees hired prior to January 1, 1992 will follow the following vacation schedule: Years of Service Vacation Hours 1 year -1-2- 96. 2 years -1-5:_ 120 3 years -14:_ 120 4 years 4-6.. 128 5 years 4-7:_ 136 6 years -1-g 144 7 years -1-9 152 8 years -2-0 160 9 years 24 168 10 years 2-3 176 11 years 2-2- 176 12 years 2-3 176 13 years 2-2- 176 14 years 2-2- 176 15 years 2-3 176 16 years 24 192 17 years 24 192 18 years 24 192 19 years 34 192 20 years 24 192 21 years & after 2-5 200 S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc o /4 '~ /an CITY UNION 10/02/2nn~ 33 Vacation requests may be submitted from 14 - 45 days in advance for vacation. In the event of dual requests for vacation dates, the senior member request shall prevail if it was submitted thirty (30) days prior to the date or dates requested. Vacations of two days or less may be made with twenty-four (24) hours advance notice or less. All other requests c. Request for emergency vacation leave will considered individually by the Chief. Section 2. Sick Leave Employees will earn ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month. The use of sick leave will be in accord with the Personnel Policy Manual and i)olice Department Rules and RegulatiOns, as apPlicable. New employees hired after January 1, 1992 shall be subject to the revised sick leave schedule. Each bargaining unit member covered by this agreement is eligible to receive one bonus day for continuous attendance at work at the completion of each calendar quarter.that the bargaining unit member has not used sick time during the previous quarter, nor has been absent from:work or on leave other than those leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provisions set forth for use of vacation. Employees who have more than one hundred twenty (120) hours of sick leave as of September 1, of the current contract year, may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in this fiscal year. Those hours over one hundred twenty (120) hours not converted in the 1989-90 fiscal year may be converted in the next fiscal year. This provision shall not be applicable for fiscal year 1994-97, and shall be subject to the collective bargaining process for subsequent fiscal years. c. Sharing Sick Leave It shall be the policy of the City to permit an employee the oppommity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick leave and vacation leave to the number of vacation hours that said employee would accrue in S:\CA\Collective BarqaininglPBA\200! COllective BargaininqkProposalskDraft 2 - 100301.cto¢ 34 0 /1 "';' /~r'l r'"'Tq"~V U~,.~.v~., one year. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. When there appears to be a need to share sick leave in accord with Section c.2, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick~leave hours, confirm through the Finance Department that the hours are available and submit the list, accompanied by appropriate Personnel Action Form, to the Personnel Office for proper charge to sick leave records. Time used will be used in Order listed on appropriate form supplied by the Union Steward. Sick leave for medical appointment Can be scheduled more than 48 hours ahead and not be changed except in the event of an emergency. No member shall be placed on restricted sick leave unless that member has had a counseling session, with at least a Watch Lieutenant (Lieutenant rank only). During that counseling session, the member will be informed of the reasons being considered for restricted sick leave. At that time, the member will be given an oppommity to explain the sick days taken. When a member is placed on restricted sick leave, the member will be notified in writing of that fact. A unit member placed on restricted sick leave shall be re-evaluated in six months. If not re-evaluated within ten working days after the six month period the unit member will be removed from restricted sick leave. At the employee's option, the employee may convert excess sick leave time as defined in accordance with this section to vacation time not to exceed forty (40) hours, to be transacted in the first month of the calendar year. Section 3. Personal Time A total of ....... ~.v~.*' .... ~..~jf'~ ...~ ~ ..... three (3) shiftS for personal time per year will be allowed in increments of one-half shift at a time or a full shift, not back-to-back. Personal time will not be accumulated from year to year and in no way should be a basis of termination pay. No request for personal leave will be denied without a reasonable justification. Personal time is to be used in the same manner as vacation. S:\CA\Collective Bargaining\PBA\2C01 Collective Bargaining\Proposals\Draft 2 - 100301.doc 35 bo Employees may request a one-half shift increment of personal time, which will be given at roll-call only, by seniority. Section 4. Bereavement Days event of the death of the mother, father, foster parents, brother, sister, 'wife, mother, in-law, father-in-law, sister-in-law or brOther-in:law of a permanent or probationary employee, grandparents of spouse and if it is necessary for the employee to leave the State in connection with the internment of the deceas under writing this section, except that such additional leave shall b or annual leave. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 36 o /~ o /~r~ CITY U~ .... - 10/02/2~an ,~RTICLE 19 HOLDAYS Section 1. Holidays will be as follows: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day Section 2. Holiday pay will be at 1.5 times regular pay for all members of the bargaining unit whether or not the holiday is worked. Section 3. Holiday Conversion ao co Under this Section a member may elect not to receive holiday pay as outlined in Section 2 above, but instead to have the equivalent straight time holiday hours added as a lump sum to their accrued vacation balance, (i.e. 110 hours for 4/10 employees and 88 hours for 5/8 employees and 126.5 hours for 3-4/11.5). Members who sign up for this section must do so between October 1 st and October 31 st of each contract year with the Secretary of the Department. Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. Members exercising this option may use a vacation day (8 kc, uts) _instead of working the S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc °~/12/99 CITY U3IION 10/02/2001 37 holiday. The vacation hours will be paid at straight time. Members not assigned to work on the holiday will receive their normal weekly pay. Members leaving the service who participated will owe the City for those holidays they were not on the payroll either through loss of vacation credits or deduction from funds due from the City. S:\CA\Collective Bargaining\PBA\2001 Ccllective Bargaining\Proposals\Draft 2 - 100301.doc 38 8,/~,/~ CITY 10/02/2001 ARTICLE 20 FUNERAL EXPENSES Section 1. The City will make a payment of up to $5,000 to the beneficiary of bargaining unit employees killed in the line of duty. Section 2. All employees shall, on a form to be supplied by the Chief of Police or his authorized representative, designate by name and address, the individual to whom such funds are to be paid. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\ProposatslDraft 2 - 100301.doc 10/02/2001 39 ARTICLE 21 EQUIPMENT MAINTENANCE & SAFETY The City, as a management responsibility, will maintain vehicles and equipment in a safe condition and in accordance with law or ordinances. The Union Members accept the responsibility for checking vehicles prior to use and for completing City prOvid~g forms for any defects which is discovered or any operating matter that needs attention. Concerns about unsafe condition will be brought to the attention of the immediate Supervisor who will make aj udgment concerning the need for immediate repair prior to use. If the Bargaining Unit Member does not agree with the immediate Supervisor he/she may ask that the next level of supervision review his/her concern, and that Supervisor will be the final judge on the safety of the equipment and the appropriate action to take at that time. Subsequent review of the actions of the bargaining unit member or the supervisor, will be made by the Chief the next normal work day. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 40 8/l°/aa CITY ARTICLE 22 Section 1. TRAINING All training required of the officer by the Police Department when off duty will be compensated at time and one half, except for training or travel activities that are off site and considered to be seminars, conferences, and special programs where expenses incurred are paid for by the City as provided for by resolution. Section 2. Weapons Training The Chief will decide on the training program based on his judgment of the department's needs. Each member will be allowed three oppommities to meet prescribed qualification standards. If the officer does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as law enforcement officers. Section 3. College Tuition Reimbursement The City will provide for ,~those members who attend colleges and/or universities an incentive of paid tuition and books based upon the grade score for that class. The member is to pay for the tuition and books and be reimbursed upon proper receipt at the below schedule upon completion of the semester. "A" equals 100% of tuition and books "B" equals 100% of tuition and books "C" equals 50% of tuition and books College and/or university program must be initially approved by the City Manager and must be a part of a program leading to an acceptable Associates, Bachelor or Master degree with a curriculum directly related to the Police profession. The Chief will make a recommendation to the City Manager who will have final approval for the courses, degree program and payment. S:\CA\Collective Barqaining\PBA\2001 Collective Bargainznq\Proposals\Draft 2 - 100301.doc CITY UNION 41 The City shall pay tuition and books reimbursement even ifa course is not part of a program leading to a degree providing that the course is job related and approved by the City Manager prior to registration of said course. Section 4. The City shall provide reimbursement for authorized expenses associated with training and special schools attended by the officer through approval of the Department. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - t0030I.doc 42 o /~ o/c~9 C'ITY 10/02/2001 ARTICLE 23 CAREER PATH PROGRAM o The purpose of this program is to establish guidelines for a Career Path Program for police officers below the rank of Detective/Sergeant. The Career Path Program is designed to accomplish a three-fold purpose and is voluntary in nature: A. Recognize and reward the officer through his/her training and educational achievements. Provide a career development path for Rank of Police Officer. Promote long term dedicated employees by offering incentives, alternatives and guidelines. The Police Officer Skill Levels III, II, and I shall be as A. Skill Level Three (lid (1) Time in grade: Skill Level Two (I~ (1) (2) (3) (4) follows: new employee to five (5) years continuous service. Time in grade: 5 - 10 years continuous service Education Requirement (job related): 160 hours o Career Incentives or Training Courses Average or above average performance evaluation for the past two (2) years. Incentive pay increase -2% S:\CA\Cotlective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 43 Skill Level One (I) (1) Time in grade: 10 plus years continuous service (2) Educational Requirement: 40t3 hours - Career Incentives or Training Courses. (3) Average or above average performance evaluation for the past two (2) years. (4) Incentive pay increase - 3% A Police Officer will need to declare the Career Path Program; being either career path or career incentive (however, if max out on career incentive, can use/pursue career path). No college degree courses will be accepted when pursuing a college degree path. Education must be job related, and courses/training taken for credit must be on officer's own time (not City time). Ifa police officer who has received career path pay increases pursuant to this program and is promoted, they are no longer eligible to receive career path pay increases, nor will career path pay increases received under this program be considered in establishing their new rate of pay. S:kCA\Collective Barqazning\PBAk2001 Collective Bargain±rig\Proposals\Draft 2 - 100301.doc 44 8,/12,/~jj CITY U ...... 10/02/2001 ARTICLE 24 PERSONNEL RECORDS Section 1. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his or her own personnel records whenever or however kept. The member shall have the right to make duplicate copies of his or her own records at no expense. No record shall be hidden from a member's inspection and members shall have the right to allow anyone of his or her choosing to inspect the personnel records with written authorization. Members shall have the right to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee. Section 2. A personnel file for all City employees is maintained by the City Personnel Department. Section 3. Statutes. Internal affairs investigatory files will be maintained in accordance with FI. State 199°.,/299 ! 2001-2004 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION S:\CA\Collective Bargaining\PBA\2001 Collective Barga±ning\ProposalskDraft 2 - 100301.doc .1 9,/~.,..,o '99 CITY UNION TABLE OF CONTENTS ARTICLE 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Preamble Recognition Non-Discrimination Dues Deduction Union Business Bulletin Board Testing Vacancies Managemem Rights Advisory Committee Hours of Work Wages Seniority Work Week/Overtime Compensation/Call Back Uniforms Medical Expenses Group Insurance Leaves Holidays Funeral Expenses Equipment Maintenance & Safety Training Career Path Program Personnel Records Legal Action Awards and Commendations Grievance Procedure Rights of Law Enforcement Officers Under Investigation Discipline and Discharge Past Practices Personal Vehicles Department Policies, Rules & Regulations S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 10030!.doc O I1 ~) /OO ~TrmV 10/02/2001 33 34 35 36 Maternity Leave Complete Agreement & Waiver Clause Severability Duration Signature Page S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301. doc 3 o/~/~ CITY U 10/02/2001 ARTICLE 1 PREAMBLE This Agreement is entered into by the City of Boynton BeaCh, Florida, hereinafter referred to as the "City" and Palm Beach County Police Benevolent AssociatiOn, located in West Palm Beach, Florida, hereinafter, refereed to as the "Union", for the purpose of setting forth the parties Agreements regarding rights, wages, benefits, and conditions of employment. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaininq\Proposals\Draft 2 - 100301.doc 4 ~°/12/99 CITY ~n/n~/2001 UN I ON ARTICLE 2 RECOGNITION The City hereby recognizes the Union .as exclusive bargaining agent for. the purpose of presenting of all full time sworn police officers within the following jol: Officer and Police Detective, or as modified by PERC.~ The term ,'member" or ,employee" will mean any member in the bargaining unit. Effective October 1,2001, the City_ will no longer fill vacant Detective positions. All bargaining unit members who hold the position of Detective at time of ratification of this Agreement shall continue to serve as Detectives until; The member is promoted, or The member resigns from the position, or The member is demoted, for cause, or The member retires. S:\CA\Collective Barqaining\PBA\2001 Collective Baruaining\Proposai$[Draft 2 - I00301.do¢ 5 8 /~ o/n~ CITY 10/02,/2001 ARTICLE 3 NON-DISCRIMINATION The City will not interfere with the fights of officers to become members of the Union, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of membership or because of any activity in any official capacity on behalf of the Union. The Union shall not discriminate against any bargaining unit member who fails to join the Union. The City and the Union oppose discriminatory behavior of any nature. The City and the Union shall work jointly to eradicate discriminatory conduct in the work place. To that end, the City and the Union agree that bargaining unit members have an affirmative duty to act against discriminatory behavior when it occurs in :their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. Discriminatory conduct means any communication, verbal or non-verbal, which isqam~tq~aed unwelcome, objectionable, or not acceptable, desiredi or solicited and relates to race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age, or marital status. S:\CA\Collective Bargainzng\PBA\2001 Collective Bargazning\Proposals\Draft 2 - i00301.doc ~,°/~/aaj~ CITY UNION I0/02/2001 ARTICLE 4 DUES DEDUCTION ; been voluntarily certified by the Union. the Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30)days after notification of the revocation of the authorization to \CA\Collective Bargaining\PBA\2001 Collective Bargazning\Proposals\Draft 2 - 100301.doc 7 8,/'~ o /a9 ~TY UNION ARTICLE 5 UNION BUSINESS Section 1. Union representatives will be granted ,,~ +~ ,c.~,, r~ <~ a .... r~ ,a ,, ..... ~ .^.~T .... ...........: ~, ,, ~,;-,'~,~**~* hours, p~d lea~e to engage in r~resentation activities on behalf of the U~on or ~y member ~ follows: Engaging in collective bargaining with the representatives of the CITY. Processing of grievances. Accompany a fellow employee when: 1. The employee is required to appear at a heating related to a grievance. 2. The employee is presenting or responding to a grievance. The employee is subject to interrogation in conjunction with an internal affairs investigation. 4. The employee is attending a pre-determination heating. The CITY may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the CITY'S part shall not be arbitrary or capricious, nor shall it allow the CITY to proceed in a manner which deprives the employee of his or her right of representation. A UNION representative shall be permitted leave to attend functions of the Union, provided that such leave shall be at no cost to the CITY and representatives shall use accrued vacation leave. Section 2. Section 1. No employee shall engage in Union business while on duty except as referenced in S:\CA\,Collective Barqaining\PBA\200t Collective Bargaining\Proposals\Draft 2 - 100301.doc ~°/12/99 CITY UNION 10/02/2001 ARTICLE,6 BULLETIN BOARD The City will provide 'bulletin board space; one in the Line Up Room and one in the Detective Division for the exclusive use of the Union, for posting bulletins, notices and other union material. A notice or item placed on the bulletin board shall bear, on its face, the legible designation of the person responsible for placing of this notice or item on the bulletin board. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 9 o/'1 "~ IOc~ r"TmV ARTICLE 7 TESTD,*G ELIGIBILITY FOR PROMOTION All bargaining unit members who have served for three years as a swom law enforcement officer in the City of Boynton Beach may quali%' are eligible for testing for promotion to the position of Sergeant. S:\CA\Collective Barqaining\PBA\2001 Collective Bargaining\Proposals\,Draft 2 - 100301.doc 8/12/99 CITY U~IION 10/02,/2001 10 ARTICLE 8 VACANCIES Section 1. Consistent with the City's recruitment and selection policy (PPM Chapter 06), vacant. positions shall be filled in recruitment and selection of Section2. When a position in the bargaining ,,nit is filled by hiring a candidate with law S:~CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 11 ~/!2/99 CITY 10/02/2001 ARTICLe'9 MANAGEMENT RIGHTS SectiOn 1. The Union recognizes that the City has the exclusive right to manage and direct the Police Department. Specifically, but not by way of limitation, the City retains the exclusive right to: A. To establish procedures to hire, promote, and lay off employees. B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another. D. Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign :and reassign employees. F. Schedule and change the work to be performed by employees. G. Formulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement. H. Introduce new services, procedures, materials, facilities and equipment. I. To require employees to submit to physical, medical, and psychological testing to determine fitness for duty. No bargaining unit member shall be ordered to submit to physical, medical or psychological testing to determine fitness for duty without such testing being approved by the Police Chief and the City Manager. J. Determine and change the equipment and materials provided to or not provided to employees. K. Add to or change the qualifications necessary for any job classification. S:\CA\Collective Barqaining\PBA\2001 Collective BargaininglProposals\Draft 2 - 100301.doc 12 Create, alter or disband any Departmental unit or transfer members based upon the needs of the department as determined by the Chief. The City is a Drug Free Workplace and has established a Drug Free Workplace City reserves to itself the ' or random drag le handling procedures Code, as referenced in the Ci certified 'laboratories for all drug If the City fails to exercise any one or more of the~ above functions from time t° time, it shall not be deemed a waiver of the City's fight to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished bY. the City in: this Agreement shall remain with the City. Section 2. In the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented prior to resolution of the impact bargaining. S:\CA\Collective Bargainin9\PBA\2001 Collective Baruaininu\Proposals\Dra£t 2 - 100301.doc 8/~,o~9~ CITY ARTICLE 10 ADVISORY COMMITTEE Section 1. By mutual agreement between the City and the Union, they may establish a joint committee. The Union membership shall consist of persons from within the position classification covered by this Agreement, and members designated by the Chief of Policeshall consist of persons within the Department, but outside the bargaining unit. Section 2. This committee may meet as needed by mutual consent, and meetings may be held between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday or at another mutually agreeable time. If a meeting is held during working hours of an employee participant, said participant may be excused without loss of pay for that purpose., Attendance for a meeting outside of regular working hours shall not be deemed as time worked and participants will not receive additional pay or leave benefits. Section 3. Attendance by other than members of the Union and City Administrative Officers will be by agreement ora majofityofthe members of the Committee. and shall first receive the approval o f the Chief of Police. S:\CA\Collective Barqaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - i00301.doc CITY UNION 14 ARTICLE 11 HOURS OF WORK AND OVERTIME ..... ,~ ..... ,~ ;~ .,~..~.~ ;.~.~. c..,~ o ,. ..... "^'k days c" r .... ~ n ~, ......... '- -~ .... The work cyCle for bargaining unit members assigned to 11.5 hour shifts is a 28 day work Cycle, The work cycle per Overtime pay; when so ~ranted, will normally be contained in the, member's next regular pay check following the time worked. Employees who are in a duty status seven (7) or fewer minutes either prior to or after their shift will not be eligible for overtime pay. Employees who are in a duty status eight (8) or more minutes either prior to or after their shift must be so only with the Supervisor's approval in order to be eligible for overtime.pay.. Section 2. Pursuant to Article 9, Section 1D., it is a Management Right to establish and change the starting and quitting times and the number of hours and shifts to be worked. Departmental wide shift schedules shall not be changed without the City providing thirty (30) days advanced notice to the Union of the change. T-~;,,;,~.,-' ~h;c~ ~,.-.~,,,- ~*, ...... I.,,.,11 ,. ..... . c^.,h ;.- ^.~;~,~, ~., Sectic, n Section 2-3. No member of the Bargaining Unit shall be required or allowed to work more than ~;~.~_ ~ ~x ~;~.~., ~ ~x sixteen (16[continuous hours except during a declared emergency or during an ongoing immediate investigation. Members of the Bargaining Unit acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently and effectively S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 10030i.doc 15 lO/aO /2nn~ carry out their responsibilities. No member of the bargaining unit shall be scheduled either by the department or through shift swaps, details, or over-time, to work more than 16 -1-6 hours of duty in a 24 hour period, except during emergencies or where overtime is required to complete an on duty assignment, i.e. late an'est. For the purpose of this section, duty means regular assigned duties and detail assignments, not to include court, depositions, filings, and similar judicial responsibilities. S:\CA\CoileCtive Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc .......... ON 10/02/2001 16 ARTICLE 12 WAGES Effz ..... Au~-'.st I, .... - ..... ~ Section 1. Base Wage Adjustments S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 17 o /~o /~9 ~TTY BARGAINING UNIT MEMBERS HIRED PRIOR TO 1/1/01 Year One (October 1, 2001- September 30, 2002): The City has transitioned to: a performance based compensation system. The procedures for conducting annual performance evaluations for all police department personnel is set forth in the Police Department Written Directives, Index Code 700. Effective the first pay period following October 1,2001, each bargaining unit member hired prior to 1/1/101 will have his/her base wage adiusted to a percentage of the amount shown by their name in Column 9 of Exhibit "A" if the employee has received a score of 2.91 or higher on their most recent performance evaluation. A member who receives an evaluation score of less than 2:91 shall have a counseling session with supervisory personnel and be provided with performance goals. The member will be re- evaluated ninety (90) days following the counseling session. If a 2.91 or higher evaluation score is received, the member will receive a wage adjustment to the amount shown by their name in column 9 of Exhibit "A" effective the first pay period following the re-evaluation. A member who does not achieve a score of 2.91 rating on re-evaluation, is subject to a non-disciplinary performance based termination. Year Two ({:October 1, 2002- September 30, 2003): Effective the first pay period following October 1, 2002, each bargaining unit member hired on or before 1/1/01 will have their base wage adjusted by adding to their base salary a percentage of the amount shown in Column 8 on Exhibit-"A", based on their most recent performance evaluation as follows: Outstanding Exceeds Expectations Meets Expectations Below "Meets Expectations" 100% 90% 80% 0%. subject to 90 day re-evaluation rule state above. S:\CA\Collective BarqaxninqlPBA\2001 Collective BargaininglProposals\Draft 2 - 10030!.doc ~°/~,~/aa~. CITY UNI05I i0/02/2001 18 Year Three (~October 1, 2003- September 30, 2004): Effective the first pay period following October 1. 2003, each bargaining unit member hired on or after 1/1/01 will have their base wa~e adjusted by adding to their base salary a percentage of the amount shown in Column 8 based on their most recent performance evaluation as follows: Outstanding 100% 90% 80% 0%, subject to 90 day re-evaluation rule state above. BARGAINING b2qlT MEMBERS HIRED ON OR AFTER 1/1/01 BargaiNing unit employees hired on or after 1/1/01 shall not progress in base pay in the same manner as bargaining unit members hired prior to 1/1/01. Bargaining unit employees hired on or after 1/1/01 shall advance in base pay as follows, provided.the member receives a performance evaluation of "MeetS Expectations" or better: 1sx (10/1/0i) 2~° (10/1/02) 3v'v(10/1/03) PROGRESSION PROGRESSION PROGRESSION $35,530 $37,129 $38,80Q Section 2. STARTING AND TOP OUT PAY The starting salary for a new hire police officers during term of agreement as follows: 10/1/01-9/30/02 $34,000 10/1/02-9/30/03 $35,190 I10/1/03-9/30/04 $36,422 The top out pay (maximum base annual salary) for police officers during the term of this agreement ~s as follows: 10/1/01-9/30/02 110/I/02-9/30/03 [ 10/1/03-9/30/04 $53,529 $55,900 1559,000 .... No member .~hall receive an adiustment to base salatw in excess of top out pay. Pmmaent over S:\CA\Collective Bargaining\PBA\2001 Collective BarqaininqkProposaiskDraft 2 -.100301.doc 8/1o~,~c~.... 3.0/02 base shall be lump sum and may be treated as wages for pension calculation purposes when approved by the Pension Board. S:\CA\Collective Barqalning\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 20 Section 3. SHIFT ASSIGNMENT PAY Each member assigned to the 11 ½ hour shift, who works that shift, will be paid an additional 8.5% of base for each hour actually worked. Section 4-3_. Special Assignments Pay. A. Traffic Division: Members assigned to the Traffic Division who are required to ride a motorcycle shall be compensated an additional 5% for hazardous duty during said assignment. B. Vice Members: Those members who are assigned to vice shall be compensated an additional 5% for hazardous duty during said assigrnnent. C. Investigators: Those members who are assigned to the position of investigator shall be compensated an additional 5% during said assignment. D. SRT (Special Response Team): Those members who have successfully completed testing and are selected as a member of the Police Department SRT Team, shall be compensated an additional 10% for hazardous duty when said Team is actually called to duty. E. K-9 Unit. Members assigned to the K-9 Unit will receive one (1) hour of overtime for K-9 care, equipment maintenance and vehicle cleaning for each RDO, vacation day where the dog is not kenneled or otherwise boarded. K-9 officers will be allowed one (1) hour of duty time per work day to tend to K-9 care, equipment maintenance and vehicle cleaning. Members on vacation will be credited one hour per day for K-9 care, equipment maintenance and vehicle cleaning. F. Officers, while assigned as Field Training Officers and who have completed successfully the re ed 40-hour training shall receive "*'~'~ ~ nn ........ t. he compensated an adcl~tional five (5%) during the assignment. G. Directed Patrol Unit (DPU). Those members who are assigned to the Directed Patrol Unit shall receive an additional five (5%) during the assignment. S:\CA\Collective Bargaining\PBA\2001 Collective Barga!ning\Proposals\Draft 2 - 100301. doc 21 ~/12/9n~ CITY rm ~-r~ ~, ~ v ., 10/02/2001 ARTICLE 13 SEN!OP~TY S:\CA\Collective Barqaininq\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 10030i.doc o /.~ /aa CITY 10/02/2001 22 Co S:X, CA\Collective Barqaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 23 10/0x /Onnl SENIORITY Section 1. The City agrees that seniority shall consist of continuous accumulated paid service with the Boynton Beach Police Department. Seniority shall be computed from the date of appointment. Senioritw shall accumulate during absences because of illness, iniurv in the line of duty. vacation, military leave or any other authorized leave of absence. Section 2. The City agrees that seniority shall govern the following matters: A. Filling temporary vacancies. See Article 14, Section 3. B. Layoffs will be in reverse order of seniority. C. Selection of day or night and starting time patrol assignments. D. Any special event (Holiday Parade, GALA, July 4th, or any other event) shall be offered through a rotating list of Police Officers based upon department senioriW. This section does not apply to special details. Section 3. Assignments to platoons, divisions, and units, is a management right. Seniorit~ will be given great weight in the selection process, after qualifications and balance of personnel are considered. Seniority may not in all cases be a prevailing qualification or the sole basis for the selection. The decision may be reviewed upon request by the Chief of Police who has the final decision. Section 4. In the event of a declared emergency alternate shifts or work schedules may be adopted by the Chief of Police as needed. S:\CA\Collective BarqalningkPBA\2001 Collective Bargaining\Proposals\Draft 2 - t00301.doc ~/~,.,~/n,n_~.~ CITY UI>I ION 10/02/2001 24 ARTICLE 14 ADDITIONAL MONETARY BENEFITS A. Compensatory Time Members of the Bargaining Unit shall have the option of accumulating a maximum of eighty (80) hours, per fiscal year, of compensatory time at time and one half. A bargaining unit member who is promoted to a position outside the bargaining unit, or who retires, or who is terminated, will be paid the balance of all unused compensatory time. Compensatory time earned and accumulated shall be paid off totally in September of the fiscal year if not utilized by the end of the month of August. Compensatory time accumulated will be taken within the scheduling needs of the Department. Section 2. Special Detail Assignment All Bargaining Unit Members assigned to cover special details may report directly to their assignment without prior checking in or out at the police station, but must advise a supervisor personally or by radio. The officer assigned to special detail shall comply with all current department policies and procedures in effect. S:\CA\Collective Barqazning\PBA\2001 Collective Bargaininq\Proposa!s\Draft 2 - t00301.doc 25 8,/~o/~ ~,~v UHION 10/02/2001 Section 3. Call Back Call back is defined as any time an officer is called into work when he/she is offduty, or when the work time is not contiguous with his/her assigned shift. In the event of call back the employee shall be compensated for the actual time worked, but not less than three (3) hours at the rate of pay one and one-half(1 1/2) times his basic hourly rate reflected in the pay schedule in Appendix A. When an officer is called for call back he/she will be guaranteed a minimum of three (3) hours at time and one-half and at his/her supervisOr's discretion the officer may be required to work the entire three hours or longer. When an officer is called for call back his/her supervisor will indiCate as to whether or not he/she should arrive in uniform or in plain clothes, if the option is available. Call back shall be handled as follows: Step 1 Vacancies filled with the off-going shift platoon by seniority. Step 2 Vacancies filled bY other platoon that works the same shift but is regular day off Step 3 Vacancies filled by Other platoon that works the opposite shift: (e.g. vacancy on A. 1 is offered to B.4, 5, 6). Variance to Step 3-the first day back on the shift will make the opposite shifts ineligible to work. This occurs on Monday, Wednesday and Friday. Step 4 All patrol officers inot previously covered by. seniority Step 5 Vacancies will be °fief:ed to Detectives Step 6 Ordered in by reverse seniority The 16 hour maximum hours worked rule applies to all call-back. Section 4. Court Time A. Court time will be paid at time and one-half when the officer is not on his regular assignment. An officer on court time will be compensated a minimum of three (3) hours at time and one-half. B. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourlyrate for each hour S:\CA\Collective Bargainingk?BA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc o/42,/99 CITY 10/02/2001 26 on standby up to a-maximum of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When an employee is required to stand by for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. court :he will be paid for the court time ay. and submit station. documentation Section 5. On Call Any bargaining unit member who is on an "on-call" (on-pager) basis other than court time as outlined in Article 14, Section 4 shall receive compensation of one hour of pay at time and one half for each day (24 hour period) on call. No member will be Placed "on-call" without the approval of a division commander, Bureau commander, or designated representative. Section 6_. Gq'~a~Reserved Section 7. Schedule The City will establish the hours of work best suited to meet the operational and fiscal needs of the Department. Any officer who accepts and participates in a shift swap will follow the proper protocol. If the officer is sick and cannot meet his/her obligation to work the shift, they are permitted to find a replacement without penalty. If any officer abuses this privilege by calling in sick the first time, they will lose the sick time (per hour) and be suspended from shift swaps for three (3) months. The second subsequent sick call will be a six (6) month suspension from shift swaps, and the third sick call could force the member to be permanently disqualified from shift swaps. The member calling in sick willnot be penalized if they provide a legitimate excuse or provide documentation of being sick. Section 8. Shift Changes - Employer S: \C~~ ~?BA~2~0n0~l~'C°llective ~osal~D~f{- ~ - lO~3~l]-a-~ 27 An officer will be given adequate advance notice as determined by the Chief of any change in his/her regular hours of work except when an emergency exists. Notice given less than forty-eight (48) hours before any changed schedule (assignment days or days off) is to take effect, entitles the officer to receive compensation at the rate of one and one-half (1.5) times his/her regular salary for the first day of his/her tour of duty, Section 9. The City agrees that any member required to be out of Palm Beach County to attend court, seminars, or for any other reason as a result of his/her duties as a police officer, except if the officer is exclusively the plaintiff in a personal civil action, will be paid his/her regular rate of pay for each day or partial day required for said purposes. There will be no regular or overtime compensation. S:\CA\Collective Barqaininq\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc ~/12/99 CITY 10/02/2001 UN 105I 28 ARTICLE 15 UNIFORMS rovide up to three (3) full uniformS per year and shoes every, six (6) Section 1.. The City will ~h~ c'i~v ~vill surml~ ;el~lacements for the parts of the umform when months on an as-need basis ........ ., .... replacement is appropriate, as determined by the Chief, and if adequate funds City Budget. ~ro_-~ ~d p~ ~+ed ~ ~ ~Pp~"P'~at~Reimbursement' replacement or repair of personal clo~g and · - ~' to current department policies and procec~ures. The replacement will eqmpme.nt will be ac. co¢!j_g c'hi~,~' of Police The Detective or Umformed Officer clm~g a require tt~e approval o~ tnt ,~,~-- · circumstances of replacement will be required to include, with his/her claim, an explanation of the the damage and appropriate reports concerning the incident where damage to his umform took place. This allowance shall commence from the date Of assigxn~ent on a pro-rated basis. Uniformed Officers assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accord with the above for the three (3) months and pro-rated thereafier. · . ear the cost of cleardng ten (10) msued umf° .rm p~es p~week f°,r The Ctty will b .... ,_ ...... u~4,, e to take me~r ummrms omy t-th'oe Section 3. The City shall notify ti'rose employees mai at, ~,,,,,,1 , . contract year. the approved dry cleaning establishment in Boynton Beach selected by the City. $wom-Detecuves and other members assigned to plain clothes will be given a cash cleaning supplement equivalent to that given the tmiform officer. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro-rated basis. collective A Collective Bar~_~ning\PBA\2001--' ~~;s~;<~'aft 2 ' 100301-dOc 29 ARTICLE 16 MEDICAL EXPENSES Section 1. Members will receive and shall be obliged to take annual electrocardiogram and physical examination performed by an agency or doctor to be approved by the City. Scheduling will be at the discretion of the Department, and the results will become part of the employee's record. The City will pay the cost o f this examination only. Section 2. Beginning at age 30 and :w%k:hen recommended by a City physician-, a member will undergo and the City will pay for a Stress TeSt~_ no mOre than Once eCe~y three (3) years with no more than a third of the bargaining unit being compensated for such a test in any one year. The ( unit member to shall b edule during the life of this Agreement for De B. It is incumbent upon the bargaining S:\CA\Collective Barqaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 10O301.doc 30 ~°/4~,°/~9~ CITY UNION ARTICLE 17 GROUP INSURANCE Section 1. ' Medical Insurance The the total medical, hoSpitalization, and dental insurance, premium for all regular employees then the health ' amended from time to time. In this connection, should the employees' cost to provide dependent th{ is insurance advisory committee,, Section 2. Life Insurance Members of the bargaining unit shall be covered by $25,000 of group life insurance with the premium paid by the City. Section 3. Dental Insurance S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 31 10/02/2001 A group dental insurance program will be provided by the City and the City will pay the premium for employees and $7.00 per month of the premium for family coverage. S:\CA\Coltective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 32 ARTICLE 18 LEAVES Section 1. Annual Leave - Vacation ao Personnel in the bargaining unit hired after January 1, 1992 will be covered by City of Boynton Beach Personnel Policy Manual for all issues relative to annual leave, provided that they shall receive ~ r~ ..... ~:~ ,4 .... ~n hours in year 1. All employees hired prior to January 1, 1992 will follow the following vacation schedule: Years of Service Vacation Hours 1 year 4-3 2 years 4-5 3 years ~5 4 years 4-6_ 5 years 6 years t-8 7 years. -IX) 9 years. 10 years. 11 years 12 years. 1 3 years 1 4 years 2-3 1 5 years ~--- 1 6 years 34 17 years 34 1 8 years 34 19 years 34: 20 years.. 34 ~& after 120 96 120 128 136 144 152 160 168 176 176 176 176 176 176. 192 192. 192. 192 192 200 S:\CA\Collective Bargaining\PBA\2001 Collective Bargazning\Proposals\Draft 2 - 100301.doc 33 o~/12/99 CITY U~ ..... Vacation requests may be submitted from 14 - 45 days in advance for vacation. In the event of dual requests for vacation dates, the senior member request shall prevail if it was submitted thirty (30) days prior to the date or dates requested. Vacations of two days or less may be made with twenty-four (24) hours advance notice or less. All other requests submitted under 30 days shall be on a first come first serve basis regardless of seniority. c. Request for emergency vacation leave will considered individually by the Chief. Section 2. Sick Leave Employees will earn ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month. The use of sick leave will be in accord with the Personnel Policy Manual and Police Department Rules and .Regulations, as applicable. New employees hired after January l, 1992 shall be subject to the revised sick leave schedule. Each bargaining unit member covered by this agreement is eligible to receive one bonus day for continuous attendance at work at the completion of each calendar quarter that the bargaining unit member has not used sick time during the previous:quarter, nor has been absent from work or on leave other than those leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provisions set forth for use of vacation. Employees who have more:than one hundred twenty (120) hours of sick leave as of September 1, of the current contract year, may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in this fiscal year. Those hours over one hundred twenty (120) hours not converted in the 1989-90 fiscal year may be converted in the next fiscal year. ~s provision shall not be applicable for fiscal year 1994-97, and shall be subject to the collective bargaining process for subsequent fiscal years. c. Sharing Sick Leave It shall be the policy of the City to permit an employee the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick leave and vacation leave to the number of vacation hours that said employee would accrue in S:\CA\Collective Barqaining\PBA\2001 Collective Bargaininq\Proposals\,Draft 2 - 100301.doc ~/1 O /OO CTmv 34 o one year. ExtraOrdinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury.. When there appears to be a need to share sick leave in accord with Section c.2, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours, confirm through, the Finance Department that the hours · Action Form, to the Personnel Office for used will be used in order listed on appropriate form supplied by the Union Steward. Sick leave' for medical~ appointment hours ahead and not be No member shall be ~ session, session, the member will be leave. When a member is placed on that fact. A unit. member a dounseling counseling sick clays taken. ~n six months. will At the in the first employee may convert excess sick leave time! as defined in not to exceed forty (40) hours~ to be transacted Section 3. Personal Time A total of tw:n.%' *'..,,.. .... ~..~"'~x,j ~'...,,~,, ..... three (3) shifts for personal time_ per year will be allowed in increments of one-half shift ara time or a full shift, not back-to-back. Personal time will not be accumulated from year to year and in no way should be a basis of termination pay. No request for personal leave will be denied without a reasonable justification. Personal time is to be used in the same manner as vacation. S:\CA\Collective BargainingkPBA\2001 Collectmve Barga±ninq\Proposals\Draft 2 - 10030!.doc 35 o/~->/~ CITY U 10/n~ bo Employees may request a one-half shift increment of personal time, which will be given at roll-call only, by seniority. Section 4. Bereavement Days Compassionate Leave: In the event of the death of the mother, father, foster parents, brother, sister, husband, wife, son, daughter, grandparents, grandchildren, mother-in-law, father-in-law, sister-in-law or brother-in-law of a permanent or probationary employee, grandparents of spouse and any permanent family member of the household, sUCh employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive calendar days for any one death. However, if it is necessary for the employee to leave the State in connection with the internment of the deceased, five (5) consecutive calendar days shall be alloWed. Employees must verify attendance in writing in order to be eligible for this article. The City Manager may grant additional leave under this section, except that such additional leave shall be debited against the employee's accrued sick or annual leave. S:\CA\Collective Barqaininq\PBA\2001 Coilec~ive Bargaining\Proposals\Draft 2 - 100301.doc ~°/12/99' CITY UNION 10/02/2001 36 Section 1. Holidays will be as follows: New Year's Day Martin Luther King, Jr: Day ARTICLE 19 HOLIDAYS Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day Section 2. Holiday pay will be at 1.5 times regular pay for all members of the bargaining unit whether or not the holiday is worked. Section do 3. Holiday Conversion Under this Section a member may elect not to receive holiday pay as outlined in Section 2 above, but instead to have the equivalent straight time holiday hours added as a lump sum to their accrued vacation balance, (i.e. 1 I0 hours for 4/10 employees and 88 hours for 5/8 employees and 126.5 hours for 3-4/11.5). Members who sign up for this section must do so between October 1 st and October 31 st of each contract year with the Secretary of the Department. Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. Members exercising this option may use a vacation day (g-hour~_instead of working the S:\CA\Collective Bargaining\PBA\2001 Collective BargainingkProposals\Draft 2 - 100301 doc 37 8/~,/~ CITY U~ t0/02/200~ eo holiday. The vacation hours will be paid at straight time. Members not assigned to work on the holiday wiill receive their normal weekly pay. Members leaving the service who participated will owe the City for those holidays they were not on the payroll either through loss of vacatiomcredits or deduction from funds due from the City. S:\CA\Collective Bargaining\PBA\200t Collective Bargaining\Proposals\Draft 2 - 10030i.doc .......... Y .... ON 10/02/2001 38 ;2R. TICLE 20 FUNERAL EXPENSES Section 1. The City wi'Il make a payment of up to $5,000 to the beneficiary of bargaining unit employees killed in the line of duty. Section 2. All employees shall, on a form to be supplied by the Chief of Police or his authorized representative, designate by name and address, the individual to whom such funds are to be paid. S:\CA\Collective Bargaining\PBA\200! Cotlecsive BargainingX?roposals\Draft 2 - 100301.doc 39 9/~,o/aa~ CITY U 10,/02/°nn~ ARTICLE 21 EQUIPMENT MAINTENANCE & SAFETY The City, as a management responsibility, will maintain vehicles and equipment in a safe condition and in accordance with law or ordinances. The Union Members accept the responsibility for checking vehicles prior to use and for completing City providing forms for any defects which is discovered or any operating matter that needs attention. Concerns about unsafe condition will be brought to the attention of the immediate Supervisor who will make a judgment concerning the need for immediate repair prior to use. If the Bargaining Unit Member does not agree with the immediate Supervisor he/she may ask that the next level of supervision review his/her concern, and that Supervisor will be the final judge on the safety of the equipment and the appropriate action to take at that time. Subsequent review of the actions of the bargaining unit member or the supervisor, will be made by the Chief:the next normal work day. S:\CA\Collective Bargaininq\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc ~°/12/99 CITY UNION ~n~no f°001 4O ARTICLE 22 TRAINING Section 1. All training required of the officer by the Police Department when offduty will be compensated at time and one half, except for training or travel activities that are off site and conSidered to be seminars, conferences, and special programs where expenses incurred are paid for by the City as proVided for by resolution. Section 2. Weapons Training The Chief will decide on the training program based on his judgment of the department's needs. Each member will be allowed three opportunities to meet prescribed qualification standards. If the officer does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as law enforcement officers. Section 3. College Tuition Reimbursement Ao The City will provide for ~those members who attend colleges and/or universities an incentive of paid tuition and books based upon the grade score for that class. The member is to pay for the tuition and books and be reimbursed upon proper receipt at the below schedule upon completion of the semester. "A" equals 100% of tuition and books "B" equals 100% of tuition and books "C" equals 50% of tuition and books College and/or university program must be initially approved by the City Manager and must be a part ora program leading roan acceptable Associates, Bachelor or Master degree with a curriculum directly related to the Police profession. The Chief will make a recommendation to the City Manager who will have final approval for the courses, degree program and payment. The City shall pay tuition and books reimbursement even ifa course is not part of a program leading to a degree providing that the course is j ob related and approved by the City Manager prior to registration of said course. Section 4. The City shall provide reimbursement for authorized expenses associated with training and special schools attended by the officer through approval of the Deparunent. S:\CA\Col!ective Bargazning\PBA\2001 Collective Bargaining\prOposals\Draft 2 - 10030i.doc 9/12/99 CITY UNION ~n/no /onOl 42 o ARTICLE 23 CAREER PATH PROGRAM The purpose of this program is to establish guidelines for a Career Path Program for police officers below the rank of Detective/Sergeant. The Career Path Program is designed to accomplish a three-fold purpose and is voluntary in nature: A. Recognize and reward the officer through his/her training and educational achievements. B. Provide a career development path for Rank of Police Officer. C. Promote long term dedicated employees by offering incentives, alternatives and guidelines. The Police Officer Skill Levels llI, 1I, and I shall be as follows: Skill Level Three (m) (1) Time in grade: Skill Level Two (1I) (1) Time in grade: (2) (3) new employee to five (5) years continuous service. 5 - 10 years continuous service Education Requirement (job related): 160 hours - Career Incentives or Training Courses Average or above average performance evaluation for the past two (2) years. (4) Incentive pay increase -2% S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 43 o~/12/99 CITY UMIOH C. Skill Level One (I) (1) Time in grade: 10 plus years continuous service (2) Educational Requirement: 400 hours - Career Incentives or Training Courses. (3) Average or above average performance evaluation for the past two (2) years. (4) Incentive pay increase - 3% A Police Officer will need to declare the Career Path Program; being either career path or career incentive (however, if max out on career incentive, can use/pursue career path). No college degree courses will be accepted when pursuing a college degree path. Education must be job related, and courses/training taken for credit must be on officer's own time (not City time). Ifa police officer who has received career path pay increases pursuant to this program and is promoted, they are no longer eligible to receive career path pay increases, nor will career path pay increases received under this program be considered in establishing their new rate of pay. S:\CA\Collective Bargaininq\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc $/12/99 CITY UNIO~I 10/02/2001 ARTICLE 24 PERSONNEL RECORDS Section 1. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his or her own personnel records whenever or however kept. The member shall have the fight to make duplicate copies:of his or her own records at no expense. No record shall be hidden from a member's inspection and members shall have the fight to allow anyone of his or her choosing to inspect the Personnel records with written authOrization. Members shall have the right to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee. Section2. : A personnel file for all City employees is maintained by the City Personnel Department. Section 3. Internal affairs investigatory files will be maintained in accordance with Fl. State Statutes. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.do~. 8/12/99 CITY 10/02/2nn~ ARTICLE 25 LEGAL ACTION Section 1. In accordance with Florida Statutes, the City will provide legal defense for a member agmnst any civil damage suits wherein said member is a named party and wherein the alleged damages were allegedly caused by the actions of said member while acting within the scope of his/her authority and within the course of his employment. Section 2. The City will indemnify all members against judgments for compensatory damages entered against them as a result of their actions to the extent that the City is found liable for such actions. Section 3. Article. The City will select the Attorney who is to defend the employee relative to this Section 4. The employee will be responsible for filing any counterclaims at his/her expense. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 46 9,/~o/n~ ~v UNION 19,/02,/2001 ARTICLE 26 GRIEVANCE PROCEDURES Section 1. A grievance is defined as a dispute involving the interpretation or application of the Collective Bargaining Agreement. Section 2. A dispute over disciplinary action is not a grievance, but shall be referred to as an appeal of disciplinary action. The process for handling appeals of disciplinary action are set forth in Article 27 - Disciplinary Appeals of this Agreement. Section 3. The parties are committed to resolving grievances in a timely fashion. Accordingly, any grievance not submitted.: or advanced, by the grieving party in accordance with the time limits set fortt[ below will be considered abandoned. Any grievance not answered by the City within the time limits set forth below will automatically advance to the next step: of the grievance procedure. Section 4. A grievance must be filed within ten (10) days of the fn'st occurrence of the event which give rise to the dispute. Grievances shall be presented in the following manner: Step 1. A grievance must be filed on a form approved by the City within ten (10) calendar days as set forth in Section 4 above. The grievance must make specific reference to the Article and Section of the Agreement in dispute, set forth detailed facts explaining how the Article and Section has been misapplied by the City, and state the relief sought by the grievant. The grievance form shall be filed with the grievant's irmr, ed:.ate :upe~Aser Major. In the case of a class grievance filed by the Union, the grievance form shall be filed with the Police Chief. :kCA\Collective Barqaining\PBA\2001 Collective Barga±ning\Proposals\Draft 2 - 100301. doc 47 /12 /~n ~mv r~zrm Step 2. The '~mzd;,ate guper'.';,gor Major shall review the grievance and make a written recommendation for disposition of the grievance to the Police Chief within ten (10)~ days of receipt of the grievance. Step 3. The police Chief shall review the grievance and render a written decision within ten (10) ~ days of his receipt of the .~rievance. the grie;'ance wkh the ~'.,ediate ~uper,'hor. The Police Chief may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 4. In the event that a grievant is not satisfied with the disposition of the grievance by the Police Chief, the grievant shall have the right to submit the grievance to the City Manager. Submission to the City Manager shall be made within ten (10) days ofthe date of the Chief's disposition or the expiration of the time period for the Chief's disposition in the event the Chief does not render a decision. Step 5. The City Manager shall review the grievance and render a written decision within twenty:(20) days of receipt of the grievance .... ~,,,,~, o, u.,. ~,.e:'ance --5+~ the Lx',medhte zuper,'isor. The City Manager may require members of the Bargaining Unit to submit to questioning as part of. his review of the grievance. Step 6. In the event the employee is not satisfied with the disposition of the grievance by the City Manager, or if there is no disposition by the City Manager in a timely fashion, the grievant may request appointment of an arbitrator. The grievant's request for the appointment of an arbitrator must be made within ten (10) days of the date of the City Manager's disposition of the grievance, or the expiration of the time period for the City Manager's disposition in the event the City Manager does not render a decision. Step 7. The grievant's request shall commence with a written request to the Federal Mediation and Conciliation Service asking that it submit a list of names of seven (7) arbitrators. Both parties will alternatively strike one name until an arbitrator is agreed to. Following appointment of an arbitrator, arbitration shall proceed as set forth below. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\,Proposats\Draft 2 - !00301.doc 8/12/99 CITY UNION 10/02/2001 48 ARBITRATION SectiOn 1. When an arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by the City, the issue of arbitrability shall be determined by the.arbitrator no less than thirty (30) days prior to 1 raises the question arbitrator. If the City arbitrable, the Union shall pay for the arbitrator. This from challenging the Circuit COurt of Palm Section 2. The arbitrator shall conduct the: arbitration hearing no less than thirty (30) days nor more than ninety (90) 6ays from the date of appointment. Section 3. In the event a party seeks continuance of an arbitration, hearing once set, the requesting party shall pay any fee charged by the arbitrator for resetting the hearing. Section 4. The arbitrator's decision shall be confined to the statement of the grievance set forth in the written grievance form together with any defenses raised by the City at any step of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this agreement or any part thereof in :order to resolve a grievance. The arbitrator may not issue declaratory opinions and shall confine himself/herself exclusively to the issues presented, which must be actual and existing. Section 5. The arbitrator shall render a written decision within thirty (30) days of the close °fthe arbitration hearing or submission of post hearing briefs, whichever occurs last. The arbitrator's decision shall be final and binding on all parties. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 49 2/12/nn ~TY rm~ 10/02/2001 ARTICLE 27 DISCIPLINARY APPEALS Section 1. Discipline is classified as either mal'or or minor as follows: MAJOR: Termination Demotion Suspension without pay - more than one (1) day No employee shall be subject to major discipline without first being afforded a pre- determination conference with the City Manager. No pre-determination conference shall be conducted with less than ten (10) calendar days notice to the employee. MINOR: Written reprimand Suspension without pay one (1) day or less Section 2. Appeals of disciplinary action shall be handled as follows: Major discipline may be by appeal to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in Article 26 above. The request for appointment of an arbitrator must be made in writing within ten (10) calendar days of notice of the City's disciplinary action. Bo The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the arbitrator is final and binding on the parties. Co Written reprimands may not be appealed but the employee may submit a written response provided the response is submitted within ten (10) days of the written reprimand. Ifa written response is submitted by the employee, it shall be attached to the written reprimand and placed in the employee's personnel file. Do Suspensions without pay of one (1) day ~ may be appealed to the Human Resource Manager whose decision shall be final. An appeal shall be filed in writing within ten (10) days of notice of the suspension without pay. The Human Resource S:\CA\Collective Barqaininq\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 10030t.doc 5O Manager shall conduct an investigation of the discipline and render a decision within twenty (20) days of the appeal. The Human Resource Manager's decision may be to either sustain, reverse, or modify the discipline. In no event shall the Human Resource Manager,s decision increase the discipline to more than a suspension without pay of one day. The Human Resource Manager may conduct interviews with the grievant, departmental staff, or members of the bargaining unit as part of hisSer investigation of the discipline. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 51 t0 inn /~no~ ARTICLE 28 RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION The City of Boynton Beach agrees that all rights of Law Enforcement Officers under investigation detailed and granted by Florida Statutes, Section 112.532(1)(a)-(i) and Section 112.533 (as amended from time to time) will be observed and practiced. The Union may post a copy of the Law Enforcement Officers Bill of Rights on the bulletin boards referenced in Article 6. In the event of any conflict between the rights o~'a member under the Bill of Rights and this Agreement or any city or departmental policy or procedure, the rights afforded under the Law Enforcement Officers Bill of Rights shall prevail. S:\CA\Collective Bargaining\PBA\2001 Collective Bargainzng\Proposals\Draft 2 - i00301.doc °~/12/99 CITY UNION ~ ~/no/2©01 52 ARTICLE 29 DISCIPLINE AND DISCHARGE Section I. ust cause. No employee shall be disciplined ortunity to :appeal diSciplinary action in the manner set Section 3. The parties recognize that timeliness of disciplinary action is anessential element of due process. AccordinglY, no employee shall be subjected to disciplinary action unless a final disciplinary recommendation is made by the Police Chief within fourteen (14) days of the Chief's determination of the conclusion of hhe-an investigation. Section 4. No employee shall be subject to demotion, termination, or a suspension without pay o f more than one (1) day without first being afforded the fight to a pre-determination conference with the City Manager. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\?roposaiskDraft 2 - 100301.doc 53 ~/12/99 CITY U ...... 10/Oo~,~nol~ ARTICLE 30 PAST PRACTICES All employment practices listed below shall remain ineffect: B. C. D. E. F. G. H. I. Lockers Locker room shower, gym Shoes every six (6) months. Provide weapons, equipment, gear appropriate to assignment. Bullet proof vests. Jackets, raincoat, boots. Desk space, office supplies. Approved and required travel expenses. Use of City vehicles for court when available. S:\CA\Collective Bargaining\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 8/12/99 CITY UNION 10/02/2001 54 ARTICLE 31 PERSONAL VEHICLES Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings; conferences with City officials, schools and seminars. S:\CA\Collective Barqalning\PBA\2001 Collective Bargaining\Proposals\Draft 2 - 10C301.doc 55 8/I~._,,c~c~.,_. CITY ....... 10/02/2001 ARTICLE 32 DEPARTMENTAL POLICIES, RULES AND REGULATIONS Section 1, It is agreed and understood that the Police Department currently has policies, roles and regulations governing employment. The formulation, amendment, revision and implementation of any role shall not be arbitrary or'capricious. In the event of a conflict between the roles and specified provisions of this Agreement, the Agreement shall control. Section 2. In the event the City amends or revises an existing role or implements any new role, it shall give ten (10)days notice to the Union. S:\CA\Coilective Bargaininq\PBA\2001Collecsive Bargaining\Proposals\Draft 2 - 100301.doc 8/12/99 CITY U~IION 10/02/2001 56 ARTICLE 33 POSTING I~A' A TI2DXIITV T I~ A ~.,rl~ Vacancies in positions or assignments will be posted in-house no less than thirty (30) days before the application deadline for the position Or assignment is closed. S:kCA\Collective Bargaining\?BA%2001 Collective Bargaining\Proposals\Draft 2 - 100301. doc 57 '1 ~ /no /OO ARTICLE 34 COMPLETE AGREEMENT AND WAIVER CLAUSE This Agreement is the complete Agreement between the parties, cancels all prior practices and agreements, and, except as expressly provided for herein, relieves the parties of the obligation to bargain on any subject during the term of this Agreement. There is no past practice Which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement and the City's Personnel Police Manual and not under any Civil Service Rule/Regulation and heretofore in existence. S:\CA\Collective Bargaininq\PBA\200t Collective Bargaining\Proposals\Draft 2 - 100301.doc 8/12/99 CITY UNION 10/02/2001 S8 ARTICLE 35 SEVERABILITY Section 1. If: any provision of this Agreement is found to be invalid by any courts having jurisdiction in respect thereof, such findings shall not affect.the remainder of this Agreement, and all other terms and provisions shall continue in full force and effect. Section 2.. In the event of such finding the parties will meet within thirty (30)days to begin negotiations of a replacement Article or Section. S:\CA\Collective BargainzngkPBA\200! Collective Bargaining\Proposals\Draft 2 - 100301.doc 59 10,I02/ ARTICLE 36 DURATION This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission, and shall remain in effect until September 30, 200_44. The pay for performance increases provided forin Article 12, Wages shall not continue beyond September 30, 2004_4-, unless otherwise extended by written agreement of the parties. S:\CA\Collective BargaininglPBA\2001 Collective Bargaining\Proposals\Draft 2 - 100301.doc 8/12/99 CITY UNION ~ n /n-~ /,~nO1 60 Agreed to this day of ,20011 .... by and between the respective parties through the authorized representatives of the Union and the City. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION Witness By: President Witness cITY OF BOYNTON BEACH Wimess By: Mayor ATTEST: Wimess APPROVED AS TO FORM AND CORRECTNESS: City Clerk City Attomey City Manager \CA\Collective Bargaining\PBA\2001 Collective Bargainzng\?roposals \Draft 2 10030i.doc 61 /~ o z~a CITY .~,t~..~ , Ratified by City Commission Date Ratified by Union Members S:\CA\Collective Bargainzng\PBA\200! Collective Bargaining\Proposals\Draft 2 - 100301.doc 62 ~/12/99 CITY EXHIBIT S:kCA\Collective Bargainzng\PBA\2001Collecsiv~ Bargaining\Proposals\Draft 2 - 10030i.doc 63 VI.-CONSENT AGENDA ITEM C.11 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA SUPPORTING IMPLEMENTATION OF AQUIFER STORAGE AND RECOVERY TECHNOLOGIES FOR THE PURPOSE OF PROTECTING THE ENVIRONMENT AND PUBLIC WATER SUPPLES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, citizens and the environment of South Florida will benefit from the Implementation of Aquifer Storage and Recovery (ASR) Projects associated with the Comprehensive Everglades Restoration Plan (CERP); WHEREAS, further research is warranted to ensure the injection of surface waters that may contain microorganisms into Florida's aquifers will not impact public health and water supplies; WHEREAS, there does not appear to be another storage technology available that can provide multi-year storage to improve or manage for drought conditions, such as those experienced by Florida during the last year and a half; WHEREAS, since ASR technology is not subject to evapotranspiration or seepage losses and requires only an acre or two per ASR well system, it provides significant cost-effective benefits beyond those achievable by above-ground reservoirs already proposed in CERP; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. The City Commission of the City of Boynton Beach, Florida supports ongoing efforts by the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, and, to proceed in a cautious, methodical manner to answer the many questions about implementing ASR technology, including the concerns about the fate of microorganisms in aquifers; SECTION 2. The combined strategy of (a) conducting three CERP ASR pilot projects at Lake Okeechobee, Caloosahatchee River, and Western Hillsboro Basin, as well as a City of West Palm Beach demonstration project, and (b) evaluating the projected impacts of the proposed 333 ASR wells on the environment and existing water users through an ASR Regional Study, is an appropriate way to address these technical issues; and SECTION 3. The U.S. Army Corps of Engineers, Florida Department of Environmental Protection, and South Florida Water Management District are urged to conduct the necessary data collection and scientific studies to truly evaluate the ASR technology for the benefit of. Everglades Restoration and long-term regional water supplies as outlined in the CERP. SECTION 4. This Resolution Shall become effective upon. adoption. PASSED AND ADOPTED BY THE CITY BOYNTON :BEACH, FLORIDA, THIS THE CITY OF 2001. MAYOR COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER ATTEST: JANET PRA/NITO, CITY CLERK September 2,2001 TO: City Manager & Commission FROM: M. C. Ferguson RE: PB County Intergovernmental Coordination Program-Clearinghouse As you know I am liaison to th/s group which meets quarterly. At the last meeting on August 30, the request was made to have participating cities pass the attached resolution which allows for a test in three of the 333 ASR wells to find out whether it is possible to inject surface waters into these three wells with their contaminants and store this water. The theory is that the contaminants will be eliminated from the deep well storage process and therefore not need to be treated further. If this would work it would reduce costs considerably to deliver this water and I think it is important to test this out. Can we put this on an early agenda, please? Requested City Commission Meetin~ Dates [] July 17, 2001 [] August 7, 2001 [] August 21,2001 [] September 4, 200l NATURE OF AGENDA ITEM VI.-CONSENT AGENDA ITEM D.1 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, 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 ~ ..... [] PublicHeariag [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation ~ ~-~.~ [] City Manager's Repor~ ' RECOMMENDATION: Please place this request on the October 16, 2001 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote recommended that the subject request be approved, subject to staff comments, the modification of comments #23 to allow the unification of parcels prior to issuance of a certificate of occupancy, and a new condition requiring approval by the Quantum Architectural Review Committee. For further details pertaining to this request see attached Depmhuent of Development Memorandum No, PZ 01-209. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: GATEWAY CROSSING (QUANTUM PARK) Neff Gaeta Boynton Industrial Realty Corporation Lots 81 & 82 Quantum Corporate Park Request for site plan approval to build an 87,375 square foot stripretail center on 9.3 acre~. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNA ~r~s: N/A City Manager's Signature Planning & Zo~[fig Director City Attorney / Finance / Human Resources S:~Ianning\SHARED\WPXPROJECTS\Quantum'Gateway CroasingqqWSP\Agenda Item Request NWSP Gateway Crossing. Quantum. dot S:'~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Crossing APPLICANT'S AGENT: Nell Gaeta APPLICANT'S ADDRESS: 3555 Northlake Blvd. Palm Beach Gardens, FL. 33403 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2001 TYPE OF RELIEF SOUGHT: Request to construct 77,375 square feet of strip commercial center and two (2) 5,000 Square foot restaurants With one (1) drive thru lane on 9.39 acres. LOCATION OF PROPERTY: Lots 81 & 82 Quantum Corporate Park DRAWING(S): SEE EXHIBIT"C" 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 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 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. 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 "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED o 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:~lanning~HARED\WP~PROJECTS\Quantum.Gateway Crossing~NWSP\Develol3.Order Forrn-2001.Revised.doc EXHIBIT "C" CONDITIONS OF APPROVAL NEW SITE PLAN Project name: Gateway Crossing File number: NWSP 01-013 Reference: 2"a review plans identified as New Site Plan. File # NWSP 01-013 with a September 25,2001 Planning and Zoning Department date stamp marking. , DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: X PUBLIC WORKS - Traffic Comments: I, Staff has learned that the developer intends to use the most southern X driveway for commercial truck deliveries. In order to accommodate this ' type of vehicular activity, the developer has agreed to insert a corrugated . concrete median to allow for commercial (truck) traffic only onto High Ridge Road, with appropriate signage at the south driveway entrance to read "Truck Delivery Only". UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DMSION Comments: 2. These permits include, but are not limited to, the following: paving, X drainage, clearing & grubbing, excavation & fill, curbing, site lighting, landscaping and irrigation. Permits required from other permitting agencies such as Florida Deparmaent of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM), and any others, shall be included with the permit reqUest~ 3. Show all existing natural features, utilities and elevations on site X characteristics map (SUrvey) and Site Development plan (LDR, Chapter 4, Section A). 4. Spot elevations existing and proposed provided on the paving, grading & X drainage plan are inadequate to adequately determine flow patterns. 5. Provide drainage data for site drainage as specified in the LDR, Chapter 6, Article IV, Section 5. Show rim and invert elevations for all manholes and X catch basins. Indicate, by note and with details, that all catch basin and manhole covers are bicycle proof (LDR, Chapter 5, Article IV, Section 5.A.2.f). 6. Provide data of underground soil conditions (LDR; Chapter 6, Article IV, X Section 9). 7. Indicate in your response whether fill material will be imported for this site. X If so, an Excavation/Fill permit will be required (LDR, Chapter 8). 8. Label the "Point of Commencement" (see comments on plans). X 9. Label the west line of Section 16 (see comments on plans). X 10. Baseline of survey should be shown as an interrupted line, and show bearing X on baseline (see comments on plans). 11. Correct the distance from the baseline to the Point of Beginning; the Point X of Beginning is incorrectly labeled, as the NW comer of plat, should be the NE comer. 12. The easterly line of the 'plat, also the westerly right-o~'-way of the CSX X Railroad Shall be shown in the sketch and correctly labeled as "Seaboard All Florida Railway" right-of-way. 13. The legal description for the subject property is written as Lots 81 and 82, X less the CSX railroad right-of-way. The CSX railroad right-of-way description extends beyond the boundaries of the subject property. The legal description needs to be amended to properly describe the lessened portion. It may be useful to present information in a tabular form. 14. Label the southerly plat line. X 15. Label the northerly plat line. X DEPARTMENTS INCLUDE REJECT 16. The letter "D' in the curve information should be replaced ttna ~ . X 17. Increase the lettering size on the plat for legibility. X 18. Indicate which edition of the FDOT Standard Specifications for Road & Bridge and Standard Index is to .be used - the 2000 Specifications are X recommended since they have both English and Metric units. 19. Indicate the current version of the Manual on Uniform Traffic Control X . Devices in the paving and drainage General Notes. 20. Indicate which type curb is to be used (Sheet L-2 of 3). Provide a detail of X the curb. 21. Provide additional information/instructions regarding watering for plant X establishment and water restrictions. BUILDING DIVISION Comments: 22. Add to the site plan drawing all existing easements that are shown on the X survey. Also, add all proposed easements. The location, type and size of the easements shall be shown and identified on the site plan. Where applicable, amend the plans so that smaetures do not encroach into an easement. 23. At time of permit review, provide a con~leted and executed City unity of X title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The property owner that is identified on each deed shall match. 24. At time of permit review, submit signed and sealed working drawings of the i X proposed construction. 25. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the alley: rib, bt-of-way or easement. 26. To properly determine the impact fees that will be assessed for the project, X identify on the site plan if the restaurant is a high quality, eat-in high turn over, or fast food with drive-through type of restaurant. Also, identify on the site plan the number of existing seats, number of new seats and the total number of seats provided. On the floor plan, chronologically number all seats including those seats that are around the bar. 27. At time of permit review, submit for review an addressing plan for the X project. Conditions of Approval DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: ' 28. Submit detailed irrigation plans for right-of-way landscape and.site work X improvements during the construction document permitting stage, for · review and approval by the Parks Department staff. Include on the plan location of any existin~ irril~ation in the right-of-way FORESTER/ENvIRONMENTALIST Comments: 29. The applicant must provide a tree survey indicating the quantity of desirable X existing trees which will be preserved, relocated or removed / replaced on the site. This tree survey should be correlated with the notes on page L-1 of 3. PLANNING AND ZONING Comments: 30. The survey cannot be older than six (6) months at the time of site plan X submission. . 31. The two (2) restaurants are subject to site plan review and will require X separate site plan and landscape plan submittals. Eliminate the designation of these restaurants as "outparcels". 32. Provide cross access agreements if necessary, where there are multiple X owners between the buildings. 33. Provide cross parking agreements if necessary, where there are multiple X owners between the buildings. 34. The site plan must identify the Quantum Park DRI master plan Land Use for X the subject property. 35. The total number of parking spaces provided in the tabUlar data does not X match the graphic representation on the site plan Or photometric plan. The tabular data indicates 498 parking spaces are provided but the drawing only shows but 495 parking spaces. This discrepancy between the two must be corrected. 30. Include a color rendering of all elevations prior to the Planning & X Development Board meeting (Chapter 4, Section 7.D.2.). 3'L' Submit a color sample / swatch of all major exterior finishes, Each sample X DEPARTMENTS INCLUDE REJECT and / or elevation shall include the manufacturer's name and color code (Chapter 4, Section 7.D. 1 .). 38. Provide as part of this application, conceptual elevations of the two (2) X future stand-alone restaurants to ensure future architectural compatibility with the main commercial / retail building and the P.I.D. 39. Provide a detail of the proposed monument sign, including exterior X · dimensions, sign area, materials, and colors. The monument sign must be at , least ten (10) feet from the property line and meet the Quantum Park master sign program, including the site address. 40. The dumpster enclosure shall resemble with respect to the color and X materials, the design of the principal buildings and shall be integrated with other site elements (Chapter 9, Section 10.E.3.). 41. All above ground mechanical equipment such as exterior utility boxes, X meters, transformers, and back-flow preventers shall be visually screened with landscaping/hedge material (Chapter 9, Section 10.C.4.). 42. LandscaPing at project entrances shall contain a minimum of two (2) X colorful shrub species on both sides of the entrance and a sign. ature tree (Chapter 7.5, Article II, Section 5.N.). Note that signature trees do not contribute toward the total number of required perimeter trees or parking area interior landscaping. (Chapter 7.5, Article II, Section 5.(3.). Provide two (2) additional signature trees, such as Yellow Elder, Tibouchina granulosa, or Bougainvillea at both project entrances. 43. Sculptures, fountains, gardens, pools, and benches shall be encouraged X within the site design (Chapter 9, Section 10. H.). 44. On the landscape plan, change the "MC" symbol to "CI" so that there are X not multiple symbols for the Red Tip Cocoplum. 45. On the site plan, show the circular landscape "cut-outs" that are proposed in X front of the building as shown on the landscape plan. 47. The supporting columns, archways, and changes in the building fagade X depth shown on the elevations do not relate to the floor plan or site plan. Include these elements on all plans so that they all correspond with each other. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 48. Change to number 23. Prior to issuance of certificate of occupancy, provide X a completed and executed City unity of title form. The form shall describe all lots, parcels, or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The property owner that is identified on each deed shall match. Conditions of Approval 6 DEPARTMENTS INCLUDE I , REJECT 49. Project must be approved by the Quantum Architectural Review Committee. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: . , S:\Planning\SHARED\WP\PROJECTS\Quantum-Gateway Crossing\NWSP\cond. of approval 2001 form.doc DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-209 SITE PLAN REVIEW STAFF REPORT ' PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION October 2, 2001 DESCRIPTION OF PROJECT Project Name/No.: GATEWAY CROSSING / NWSP 01-013 Property Owner: Boynton Industrial Realty Corporation c/o J.P. Morgan Fleming Asset Mgmt. Applicant/Agent: Nell J. Gaeta / Gaeta Development Corporation Location: Lots 81 & 82, Quantum Park, a P.I.D. Land Use/Zoning: Office-Industrial-Commercial (OlC) ! Planned Industrial Development (PID) Type of Use: Retail, Fast-Food Restaurant with a drive-thu lane, and Restaurant Project size: Site Area: 9.39 acres (409,036 square feet) Building Area: 87,375 square feet (21%) Adjacent Uses: (see Exhibit "A" - Location Map) North - Gateway Boulevard right-of-way, and farther north vacant, zoned PID; South - Carmax, zoned PID; East C.S.X. Railroad right-of-way, farther east Interstate 95 right-of- -way; and West Mobil Oil Corporation; zoned PID. Site Characteristics:The subject property is a rectangular-shaped tract of undeveloped land, composed of two parcels. Parcel 82 occupies the northern half of the subject property, and parcel 81 occupies the southern half of the property. Dense vegetation appears throughout most of the property. Based on site conditions detailed in an Ardaman Phase I Environmental Site Assessment (ESA) report, the eastern half of parcel 82, and the northeastern section of parcel 81 have been cleared and raised by fill. Also, the Boynton Beach Police Department reportedly used the northern-most section of the subject property as a firing range. Consequently, according to September 4, 2001 ESA update, the possibility of :groundwater contamination by lead in this portion of the subject property is a concern. During Ardaman's site reconnaissance in November 2000, they observed inert construction debds on the entire western section of the subject property, a temporary monitoring well in the southeast section of the subject Property, and three (3) fifty-five gallon oil drums, filled with what appeared to be solid material. No indications of significant discharges of hazardous substances or petroleum products were observed in the November 2000 site visit. T~ees and dense native vegetation occupy the remainder of the property. No recognized environmental conditions were identified within the subject property. Proposal: Mr. Nell J. Gaeta of Gaeta Development Corporation is requesting site plan approval to construct a 77,375 square foot strip commercial retail center, a Page 2 Gateway Crossing - Site Plan Review Staff Report Memorandum No. PZ 01-209 5000 square foot, fast-food restaurant with a drive-thru facility, and a 5,000 square foot restaurant for the above referenced lots (see Exhibit "B" - Proposed Site Plan). As currently proposed, the specifications for each bay area within the satisfy the needs of th 2000, the City of E 'lan Amendment ,ese ~.p.es of uses. t is to be constructed in one phase (see Exh bit B Proposed ). Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. Staff has received confirmation from Palm Beach County's Traffic Division regarding standards compliance. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. On-site traffic circulation will consist of two (2) prOposed two-way driveways providing access from High Ridge Road. The north entrance contains a 16- foot wide entrance lane and a 24-foot wide exit lane, separated by a landscaped median 10 feet in width. The southern entrance will serve as the focal point for commercial truck traffic. The project intent is to have commercial and service vehicles access the site via the southern entrance. Upon entering the site from the southern entrance, trucks will proceed straight, in an easterly direction towards the rear of the site. The dumpster enclosures and loading zone areas have been strategically located in the rear of the property to accommodate these larger types of vehicles and their res pective turning radius. All vehicles (including emergency), however, will have adequate room to maneuver in front, of the building if chosen to be the preferred route. A two-way drive aisle 27 feet in width would provide customer access to proposed parking areas around the building. A total of 486 s paces are required for the proposed use based on the ratio of one (1) space per 200 square feet of gross floor area (retail) and one (1) parking space Per 100 squate feet of gross floor area for restaurant uses. The number of parking spaces provided equals 495 including nine (9) spaces designated for handicap. All spaces, ,e, xcept, handicap spaces will be dimensioned nine feet by eighteen feet (9 x i8 ). The parking spaces and ddve aisles will sur. round all ;sides of the buildings, except in locations where loading zones are proposed. ;All handicap spaces will be located in the front of the building, closest to the proposed I~)uil~ing entrances. Two pedestrian walkways are proposed connecting the main: building with High Ridge Road. These paths are strategically placed to ensure that pedestrians can safely access the site from High Ridge Road. Page 3 Gateway Crossing - Site Plan Review Staff Report Memoranclum No. PZ 01-209 Landscaping: When staff comments and conditions of approval are met the proposed landscape plan will meet minimum code requirements. The two restaurants proposed on Lot 82, will be required to be processed through separate site. plan review submittals (see Exhibit "C" Conditions of Approval). This site plan review process' will include review and approval of their respective landscape plans. The proposed pervious or "green" area is 103,739 square feet or 21.3% of the total site. Currently, the swale of the Gateway Boulevard right-of-way contains full grown Live Oak trees. LiVe Oak trees Will be in the front landscape buffer along High Ridge Road. In addition, the front landscape buffer will consist of Redtip Cocoplum hedges, Wax Jasmine and Dwarf Sheffiera shrubs. A row of Royal Palm trees line each side of the main entranceway. The entranceway also contains colorful Dwarf Star Cluster groundcover. The plan will meet the signature tree requirement at the project entrances (.see Exhibit "C" Conditions of Approval). The interior and terminal landscaped islands in the parking area in front of the building will have Sweet Mahogany trees. The plaza in front of the main building will contain nine (9) diamond shaped landscaped "cut-outs", each consisting of Solitaire Palm trees and Crown-of-Thom groundcover. The two (2) dumpster enclosures located at rear of the main building will have landscaping on all three (3) sides. This landscaping will consist of Redtip Cocoplum hedges. In the north side landscape buffer, Live Oak trees will be planted every 30 feet with Wax Jasmine shrubs and Dwarf Sheffiera planted at the base to screen the vehicular use area from Gateway Boulevard. A continuous row of Redtip Cocoplum hedges will also be planted in the north and south landscape buffers. A 25-foot wide landscape buffer (Quantum Park P.I.D. buffer requirement) will separate the rear parking with the C.S.X. railroad right-of-way. This landscaped buffer will contain Date Palm trees and landscaped material consistent with the CarMax project to the south. The applicant is currently discussing preserving a Sand Pine habitat located in the northeast corner of the project. This high quality habitat however, encroaches into the parking area for the retail center and would eliminate required parking spaces and impact proposed drainage systems. Building and Site: Community Design: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed buildings will be one-story structures with the t(~p of the piched roof on the false towers of the "main building to stand 45 feet in height. The majority of the main building will be less than 35 feet in height. As required by code, the overhead doors for loading zones are proposed in the rear of the building (see east elevations). Numerous architectural features will interrupt the expansive length of the front fa(;ade (see west elevation). The colors of the Page 4 Gateway Crossing - Site Plan Review Staff Report Memorandum No. PZ 01-209 main building appear to vary between light yellow, brown, and peach. The manufacturers name and color of the paint will be provided as a Condition of Approval (see Exhibit "C" Conditions of Approval). The proposed build ng facade with the front entrance features, columns,, and arches i:n conjunction with: their respective finished , has been- a ppropdatE rance of ~f approval, I restaurants at the time of their site plan review. Signage: The applicant is proposing one (1) monument sign to be located at the northwest corner of the site. The monument and building sign(s) dimensions will conform to the sign program of the Quantum Park P.I.D. as detailed in the Conditions Staff recommends that the sign detail include proposed well as the project name and address at the top of the sign. RECOMMENDATION: Staff recommends that this site plan request be approved, subject to the :comments included in Exhibit "C" - Conditions of Approval. Staff also recommends that if feasible, the applicant consider preserving the Sand Pine habitat. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File J:~SHRDATA~'Planning~SHARED\WFAPROJECTS\Quantum-Gateway Cross ng~J~lWSP~taff report NWSP-01-013.doc LOCATION MAP Gateway Crossing NO~ . IN ITYi EXHIB IT "A" =lC) ' TI OF COMME 1/8 MILE: EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" I! E l q 'EXHIBIT "B"- i · iii!l-: . :,: ~.:: ~,~.~., n,-.. ' ' ~-.----~ili: ' ~! I~i , : '"'-' I ' i i ' Ut ~I )~Z-- l~'~ GAETArDE~LOP~ ,I , . ~z I[ I [ .~l~ ~ I! IIi EXHIBIT "B'~ EXHIBIT "B" G.4 TE17/A Y CROSSING Requested City Commission Meeting Dates [] July 17,2001 [] August 7,2001 [] August 2 I, 2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit,/Clerk's Office July 5, 2001 (5:00 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 Commtssion Meeting Dates [] September 19,2001 [] October2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned ~n to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report [] Development Plans [] New Business ;~ [] Legal ~ ~-< [] Unfinished Business ~ "< ~ [] Presentation ---- --~'-~ RECOMMENDATION: Please place this request on the October 16, 2001 City Commission Agenda un~r ~ ~ nin ' ' ~ ~J ~ ~ Consent-Agenda. The Plan g and Development Board with a unammous vote reconmtended that the subject reqaesh~:::- approved subject to staff comments. For further details pertaining to this request see attached Department of Develol~n~t Memorandum No. PZ 01-205. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: GATEWAY CROSSING (QUANTUM PARK PID USAP 01-003) Nell Gaeta Boynton Industrial Realty Corporation Quantum Park PID Request to amend the list of permitted uses within the Quantum Park PID to allow retail shops, a fast food restaurant with drive-through, and a sit-down restaurant on Lots 81 and 82. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTER~TIVES: N/A - bevel~)pf~el~t D~partment fflrector o ~, Plannin~ & Zoning'Director City Manager's Signature City Attorney / Finance / Human Resources S:kPIanningKSHARED\WPLPROJECTS\Quantum-Gateway Crossing\USAPkAgenda Item Request USAP Gateway Crossing. Quantum.dot S:~BULLETIN~FORMSkAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park PID - Gateway Crossing APPLICANT'S AGENT: Neil J. Gaeta APPLICANT'S ADDRESS: 3555 North Lake Boulevard - Palm Beach Gardens, FI DATE OF HEARING' RATIFICATION BEFORE CITY COMMISSION: October 17, 2001 TYPE OF RELIEF SOUGHT: Use approval LOCATION OF PROPERTY: Quantum Park PID, Lots 81 and 82 DRAWING(S): SEE EXHIBITS "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 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, Flodda 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. 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 "C" 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: City Clerk S:~Planning\SHARED\WF~PROJECTS\Quantum-Gateway Crossing\USAP~Development Order.doc EXHIBIT "C" Conditions of Approval Project name: Gateway Crossing (Quantum Park PID) File number: USAP 01-003 (Use Approval) Reference: Letter of request from Neil J. Gaeta of Gaeta Develo ~ment Co. dated S e,tember 5. 2001. DEPARTMENTS [ INCLUDE I REJECT PUBLIC WORKS Commentsi X UTILITIES COmments: X : FIRE - Comments.: X pOLicE ~-_ Comments: X ENG EmNG Dr s oN Comments: X Comments: X ' ~PARKS AND RECREATION Comments: X FORESTER/ENVIRONMENTALIST Comments: X PLANNING AND ZONING Comments: 1. Retail uses will be limited to those lots with the "commercial use" option. X 2. Restaurants and related drive-through features shall be limited to Lots #81 and #82. X ADDITIONAL PLANNING AND DEVELOPMFNT BOARD CONDITIONS commems: NONE I X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. rS\Quantum-Gateway Crossing\USAP\Conditions of Approval.doc DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-205 TO: FROM: DATE: Chairman and Members Planning and Development Board Michael Rumpf~'''~ Director of Planning and Zoning September 24, 2001 SUBJECT: Quantum Park PID (File No. USAP 01-003) Retail Store, fast food restaurant with drive-thru service, and restaurant on Lots 81 and 82. NATURE OF REQUEST Mr. Nell J. Gaeta, of Gaeta Development Co., is requesting use approval for retail stores, a fast food restaurant With drive-thru se~ice, and a "high-turnover" restaurant, for the above-referenced lots within the Quantum Park Planned Industrial Development (see attached location map - Exhibit "A"). The applicant is proposing to construct a 77,375 square-foot building to house multiple retail uses. The planned project is also to include two (2) smaller structures each at 5,000 square-feet, one of them to. be used for a fast food restaurant with drive-thru service, and the other one for a "high-turnover" restaurant (see proposed site plan- Exhibit "B"). Chapter 2, Zoning, Section 7,E. of the Boynton Beach Land Development Regulations permits building structures to be occupied by any office, professional, business (wholesale or retail), provide that all new uses proposed !within a Planned Industrial Development (PID) district be approved by the Planning and Development BOard (and City Commission). Furthermore, according to the Master Site Development Pian Amendment N°. 10 for the ~uantum Park PID, the subject parcels (81 and. 82) are classified as "OIC", thereby allowingoffice, industrial, and commercial use alternatives. In compliance with the 'above-referenced section of the Land Development Regulations, the applicant is reqUesting that retail =stores, and fast food restaurants, including a drive-thru feature be approved for the lots 81 and 82, Quantum Park PID, with the commitment to comply With all of the City's performance standards. BACKGROUND The following is a description of the zoning distdct and land use classifications of properties surrotJnding the Subject parcels, indicated in Exhibit "A": North: Gateway Boulevard right-of-way, and farther north a vacant property zoned PID and classified OiC, Office, Industrial and Commercial; South: Car Max, an automobile dealership zoned PID and classified COMM, Commercial; East: Seaboard Railway and 1-95 rights-of-way; and West: High Ridge Road right-of-way, and farther west a gas station and vacant parcels zoned PID and classified MU, Mixed Use. Unlike other conventional zoning districts, the zoning code does not set forth specific uses permitted in a PID, Pursuant to Chapter 2 - Zoning, Section 7.E., in a PID, a building and its customary, ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale and retail), educational institution, adult entertainment (consistent with Section 11.Mo of the zoning code) or industrial uses provided that such use or uses is/are approved by the Planning and Development Board. To approve such a use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations, and that the use proposed is consistent with the intent and purposes of the Planned Industrial Development District. Page 2 Memorandum No. PZ 01-205 Furthermore, in March 2000, the City of Boynton Beach approved the Master Site Development Plan Amendment No. 10 for the Quantum Park PID to reflect new trends in the type of uses suitable within the Quantum Park PID. Based on the Amended Plan, and concurrently with this use approval request, the applicant is proposing the construction of three commercial retail and restaurant buildings totaling 87,375 square-feet on lots 81 and 82 of the Quantum Park PID, (see Exhibit "B" - proposed site, plan). ANALYSIS use or enjoyment of adjacent or nearby property by reason of noise, vibration, sm matter;, toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference,, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 2, Section 4.N of the Land Development Regulations to evaluate the impact and appr°pdateness of this use Within the PID district. These. responses are listed as follows: 1) Noise: No sound will be created which in violation of: Section 15-8 of the City Of Boynton Beach Code of Ordinances. 2) 3) Vibrations: No ground vibrations will be generated by the proposed use. Smoke, dust, dirt, or other particular matter: No emission of smoke, dust, dirt or oth'er particular matter will be created. The proposed use will not allow the emission of any substances in violation of any federal, state, county or city laws or permits goveming the emission of such substances. 4) Odors and fumes: No objectionable or offensive odors will be readily perceptible at any pcint beyond the industrial district. 5) Toxic or noxious matter: The proposed use will not allow any toxic or noxious matter to be discharged in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way at or beyond the property line or to contaminate any public waters o~ any groundwater. 6) 7) Fire and Explosion: The proposed use will not create a fire or explosion hazard. Heat, Humidity or Glare: The proposed use will not produce heat, humidity or glare, which is readily perceptible past the property boundary..The lighting will conform to the City of Boynton Beach's standards. 8) Liquid Waste: Any disposition of liquid waste will be in conformance with the provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances or any applicable federal, state or county laws or permits. 9) 10) Solid Waste: Any accumulation or disposal of solid waste will be in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances and will not be transferred to adjacent or nearby property or rights-of-way. Electromagnetic Interference: No electromagnetic radiation or interference will be created. Page 3 Memorandum No. PZ 01-205 11) Hazardous Materials and Hazardous Waste: No hazardous materials or hazardous waste will created, stored or handled with the proposed use. it is the opinion of purpose of the Qu~ selected lotS, attempt to code p~ US is within Furff Palm a pacts to I rant uses are consistent with the intent and on the with the. City's Park PID, the d the in. ' the Use; with the "commercial" Quantum PID, and in application only apply to Lots Staff would ~ to lots within the that the restaurant aspect of the The site plan for the project is being reviewed and prepared concurrent with the subject use approval request. RECOMMENDATION Based on the analysis contained herein, staff recommends that 'the list of permitted uses within the Quantum Park PID, be amended to allow retail uses on lots with the 'commercial use" option and to allow restaurants, with or without drive-through services, only on Lots 81 and 82. Additional conditions recommended by the Planning and Development Board or the City Commission will also be placed in Exhibit ~'C" - Conditions of Approval. MR:sb Attachments S:~Planning~SHARED~WF~PROJECTS~Quantum-Gateway C¢ossing\U.%&P~taff Re~rt.cloc LOCATION MAP Gateway Crossing ITY! EXHIBIT "A" 'SITE, TI 01= I::: 0 MM EE I/8 I, M EXHIBIT "Bii""' 4 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM E CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOm,a 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, 200l (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve payment to The Police Law Institute for one year subscription to "Monthly Legal Update & Review" EXPLANATION: PROGRAM IMPACT: Police Computer-based training required for all Police Officers by State for 40 hour Re-certification Allows City Police Officers to meet State-mandated re-certification requirements FISCAL IMPACT: As budgeted in FY 2001-2002 ALTERNATIVES: Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:XBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC CITY BEACH COMMISSION AGENDA APP VAL OF BILLS, N MBER 8, 2000 The Police Law Institute .................................................................... $17,956.00 Pay from Police Training Aids Account 001-2110-521.52-79 THESE BILLS ARE APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 17,956.00 # To: The Police Law Institute University of Iowa Research Park P.O. Box 161 Oakdale, IA 52319 V# 2352 For: Monthly Legal Update & Review Computer-Base Training for Police Officers Oct. 1 to Sept. 30, 2002 Requested by: Michael L. Munro Date: 10-01-01 Approvals: Dept. Head Finance Dept. City Manager: 001 2110' 521 52 79 $17,956. 00 $17,956. 00 The Police Law Institute October 2, 2001 Chief Marshall B. Gage Boynton Beach Police Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33435-3899 INVOICE One year's subscription to the Mo,,~h~y Y~ega~ ~rpdate ~-Bel~e~'TM computer-based training for the period October 1, 2001 through September 30, 2002. Purchase Order # Terms: 30 days NET TOTAL $17,956.00 Payment made to: The Police Law Institute University of Iowa Research Park P.O. Box 161 0akdale, Iowa 52319 Received by: University Of Iovzc~ Resec~ch Pcsk RO. Box 161, Oc~kdcfle. ~ 52319 (319) 665-2868 FAX: (319) 683-3446 Requested City Commission Meetin~ Dates [] July t7, 2001 [] August 7,2001 [] August21, 200l [] September 4, 2001 VI.-CONSENT AGENDA ITEM F 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 Comm/ssion Meeting Dates [] September 19, 2001 ] October 2, 2001 [] October 16,2001 [] November 6, 200t Date Final Form Must be Turned in to City Clerk's Office September 5, 200t (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October t7, 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: EXPLANATION: Approve payment to Queues Enforth Development, Inc. for Software Maintenance for Police Records Management Nov. 1 to Oct. 31, 2002 Renewal of contract PROGRAM IMPACT: Mainenance of Police Records Management Software FISCAL IMPACT: As budgeted in FY 2001-2002 ALTERNATIVES: Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:kBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC CITY COMMISSION AGENDA Queues Enforth Development, Inc ................................................... $37,095.00 Pay from Repair/Maintenance Servs/ Software Maintenace Account 001-2110-521-46-91 THESE BILLS ARE APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 37,095.00 To: Queues Enforth Development, Inc. 14 Summer Street Malden, MA 02148 V# 5064 For: Software Maintenance for Police Records Management Nov. 1 to Oct. 31, 2002 Requested by: Michael L. Munro Date: 10-01-01 Approvals: Dept. Head Finance Dept. City Manager: 001 , 2110 1521- 46 191 37095.0 0 37095.0 0 QUEUES ENFORTH DEVELOPMENT, INC. David D. Varney, President & Chief Executive Officer James A. McClure, Chief Technology Officer John F. Olson, Executive Vice President David B Gordon, Chief Operating Officer Steven Vantine, Controller August 16, 2001 Douglas Solomon Technical Service Manager Boynton Beach Police Department 100 E. Boynton Beach Blvd. P.O. Box 3 l0 Boynton Beach, FL 33425=03 l0 Re: Software Maintenance Contract Dear Doug: Pursuant to Section 2(c) of the SoRware Maintenance Agreement dated November 1, 2000 between Queues Enforth Development, Inc. and the City of Boynton Beach, I am pleased to confirm Q.E.D.'s current standard fees and rotes, which are set forth in the enclosed Renewal Agreements. If the City wishes to renew the Contract on these terms, please have both copies of the Renewal Agreement sig~aed by an appropriate City Official and return one oftbem to me by September 30, 2001. If you should have any questions, please contact me at (781) 870-1109. Sincerely, David B. Gordon Chief Operating Officer Enclosures: Renewal Agreement (2) 14 Summer Street, Malden, Massachusetts 02148 Phone: 781-870-1100 Fax: 781-870-1199 Web: http://www.qed.com ~1111111111111111111 SOFTWARE MAINTENANCE CONTRACT RENEWAL AGREEMENT This agreement sets forth the terms and conditions under which Queues Enforth Development, Inc. ("Q.E.D.") and the City of Boynton Beach (the "Client") agree to renew the Sot~ware Maintenance Agreement dated November 1, 2000, pursuant to Section 2(c) of that Agreement. Renewal Term: Pricing: Other Terms: NOVEMBER 1,2001 - OCTOBER 31, 2002 Software Maintenance for the above term: Consultation Services, if any: Training Services, if any 37,095.00 150.00 150.00 per hour plus expenses per hour plus expenses All other terms and conditions of the Agreement dated November 1, 2000 are incorporated by reference. Travel and out of pocket expenses will be billed separately and are the responsibility of the customer. In witness thereof, Q.E.D. and the Client have caused this Renewal Agreement to be executed effective as of November 1, 2001. Q.E.D. QUEUES ENFORTH DEVELOPMENT, INC. David B.tGordon Chief Operating Officer For the Client: THE CITY OF BOYNTON BEACH By: Title: Requested City Commission Meeting Dates [] July 17. 2001 [] August 7, 2001 [] August 21. 2001 [] September 4. 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5. 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meetin~ Dates [] September 19.2001 [] October 2, 2001 [] October 16. 2001 [] November 6, 2001 VII - CITY MANAGER'S REPORT ITEM A 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 approve the demolition of the Mangrove Park School (Old High School) at 125 East Ocean Avenue at a cost not to exceed $250,000. EXPLANATION: Pursuant to a public hearing at its meeting on May 8, 2001 the Community Redevelopment Agency Board voted 6 to1 to accept a staff recommendation to demolish the Old Mangrove Park High School. At its May 15, 2001 meeting the City Commission, in response to the concems of a citizens group, voted to delay action on this request for a pedod of 30 days. The purpose of the delay was to allow the citizens group an opportunity to independently examine the building to determine the actual cost of renovation as well as to raise funds for said renovation. Representatives of the citizens group seeking to preserve the building appeared before the commission on two subsequent occasions to request additional time to have independent experts examine the structure and prepare an evaluation report. On September 7, 2001 these independent experts, along with city staff, conducted an evaluation tour of the building. In the opinion of staff, the tour provided no additional information that would alter its recommendation to demolish the building. PROGRAM IMPACT: Demolition of the Old High School will remove a rat and flea infested building that has been declared unsafe by the City's Fire Marshall. It will also enable the 1913 Schoolhouse Children's Museum, a recognized historic structure, to become visible from Seacrest Avenue. ALTERNATIVES: The building could remain unused and continue to dete~e Ci~ could commit three to five million dollars to rehabilitate the str~t~re for future use. Dep~ l~&~ ~'~natu~ t~ity Manager' s Signature Quintus L.'~Greene, Development Director Development Department Department Name City Attorney / Finance / Human Resources S:~BULLETIN'ff:ORMSkAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 01-210 TO: FROM: DATE: SUBJECT: Quintus Greene, Director of Develop_ment Johnson, Building Official~ Don October 8, 2001 DEMOLITION -Old High School On September 7, 2001 I accompanied an inspection team through the old high school at 125 East Ocean Avenue. Chuck Magazine, Risk Manager, assembled this team. The City's team consisted of: Steve Gale, Fire Marshall; Joe Patrick, Plumbing & Mechanical Inspector; and myself. Individuals representing the committee that wishes to save the old high school were Rick Gonzalez and Darrin Engel of REG, Inc. Architects, and Dale Hedrick of Hedrick Brothers, General Contractor. Mr. Rick Infante of Golder Associates was the safety consultant that provided the respirators and safety clothing. The City staff's purpose was to answer questions that the architect and general contractor still had concerning the deterioration and safety concerns during the inspection. They were provided previous reports that were written by City staff. Questions were asked of staff concerning proper tenant separation, deterioration of the building, and asbestos abatement. After the inspection I inquired of the architect what he felt the cost would be to rehabilitate the building. His estimate was approximately between 3.5 and 4 million dollars. DJ:bf Attachments Cc: Nancy Byrne Chuck Magazine S:~DevelopmentXBuilding DiCDocuments~lemos in WordXI)emolition-Old High Schooll0-01 .doc DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 01-060 TO: FROM: DATE: SUBJECT: Nancy Byrne, Assistant Director of Development Don Johnson, Building Official, April 4, 2001 OLD BOYNTON BEACH HIGH SCHOOL - 125 E. OCEAN AVENUE Per your request of April 3,2001, Larry Buchanan and I conducted a cursory inspection of the above referenced building to ascertain the integrity of the structure. My £mdings revealed the following. Exterior ofbuildin~ I. The exterior of the building has many openings in the walls, around windows, under doors and through the roof and floor where insects, rodents and rain can enter the building. Access to the roof was not available;however, due to stains on the ceilings, roof members, walls and floors, it was evident that the roof membrane is in need of major repair or reroofing. 2. Settlement cracks occur around the entire exterior of the building. 3. Birds are entering the building through broken windows and openings in the structure, dropping feces and building nests within the structure. 4. First floor door on northwest coruer of building has deteriorated -from water and termite damage. 5. Trees are growing out of faCade of building. 6. The door sill on the door facing north into first floor corridor has deteriorated and is allowing insects and rodents to enter the building. 7. Door sill and door frame on southwest door of building have deteriorated due to water and termite damage. 8. Handrail missing from steps at southwest coruer of building. 9. Facade over both doors facing south has water intrusion into the building through cracks in the fagade and stucco. 10. Door and frame area facing southeast has had termite and water damage, completely destroying the entire door frame. 11. Water is entering the structure at the southeast coruer of building where lightning previously struck the parapet wall, knocking out a large area of clay brick. 12. Windows and doors around the entire building need to be caulked and sealed. 13. Pump house wall sheathing has deteriorated and is in need of repair. 14. Frames and door sills at northeast entrance area have deteriorated due to termite and water damage. Building Division Memo 01-060 to Nancy Byrne RE: Old Boynton Beach High SchOol April 4, 2001 Page Two 15. Door at northeast comer to locker room has deteriorated and has 3 to 4 inch gap at the base of the door. 16. Drip edge flashing at northeast comer of building is loose and not secure, allowing rain to enter the building. 17. can wash area at northeast comer of building is missing a backflow preventer on the hose bib. Interior of buildina - 1 sT floor 1. There are numerous holes in walls, ceilings, floors and around windows throughout the entire interior area of the first floor, allowing insects, rodents and rain to enter the building. 2. In the cafeteria area, the 'floor has deflection and openings from deterioration due to water and termite damage. 3. Exit stairway blocked with storage. This is a means of egress from the second floor. 4. Hose bib in kitchen area needs backflow preventer. 5. Interior wall in kitchen and door frame show evidence of termites and wall has deflected. 6. Girls' restroom on east end of first floor has water damage to the ceiling that is caused by either leaky pipes above or roof water damage. A portion of the stucco ceiling has fallen and the wooden floor joists that are visible show signs of termite damage. Sinks and toilets have had their plumbing traps dry up, allowing sewer gas to enter the building. For this structure to become operational again, many of the plumbing fixtures would have to be replaced. 7. Southeast classroom of first floor shows sign of water and termite damage on walls, ceilings and floors. 8. Screen walls have been constructed at southeast and southwest entrances without benefit of permits and inspections. 9. Classrooms 102 and 103 show signs of water and termite damage on walls, ceiling and floors. 10. In the office area of the first floor, it was observed that there is an existing ceiling above the newer acoustical lay-in grid ceiling. This ceiling material appears to contain asbestos. It is also a possibility that the floor tile contains asbestos~ This possibility may also exist throughout the entire building. 11. Sinks and toilets in the boys' restroom on the west end of first floor have had ,their Plumbing traps dry up, allowing sewer gas to enter the building. For this structure to become operational again, many of the plumbing fixtures would have to be replaced. 12. Ceiling and walls ora book room on the first floor show signs of water damage. 13. Wire-glass skylights above east and west stairways are broken, allowing rain to enter the building. Building Division Memo 01-060 to Nancy Byrne RE: Old Boynton Beach High School April 4, 2001 Page Three 14. Male and female locker rooms show signs of water and termite damage. Many fixtures have been removed. Sinks and toilets have had their plumbing traps dry up, allowing sewer gas to enter the building. For this structure to become operational again, many of the plumbing fixtures would have to be replaced. Gas hot water heater exhaust flue is deteriorated and would need to be replaced. Interior ofbuildin~ - 2nd floor 1. Water damage to walls and ceiling in boys' restroom. Sinks and toilets in the boys' restroom have had their plumbing traps dry up, allowing sewer gas to. .enter the building. For this structure to become operational again, many of the plumbing fixtures would have to be replaced. 2. Room 201, Water has entered through the roof and walls. Windows are broken, allowing pigeons to enter, nest and breed. Pigeon droppings cover floor and top of closet area. 3. Main corridor of second floor has had major water intrusion as a large portion of the ceiling has fallen in two areas. One area is 5' x I 0' and the other is 4' x 6'. 4. Rooms 202 and 204 have large amounts of water damage, causing walls and floors to deteriorate. 5. Room 203 has a large amount of water damage and .there is fungus and mold growing on the carpet area and in the closet area of this room. This: is possibly creating a "sick" building. 6. Girls' bathroom - ceiling has fallen due to water intrusion into building. The north wall of this room has a large vertical crack running up the load bearing wall. This crack is 8 to 10 feet in length and appears to run up an exterior column. Sinks and toilets have had their plumbing traps dry up, allowing sewer gas to enter the building. For this structure to become operational again, many of the plumbing fixtures would have to be replaced. 7. Many areas of the roof and ceiling of the gymnasium and stage have water intrusion and show signs' of deterioration. Pigeons have been entering this area and there are pigeon droppings in numerous areas. Boiler room 1. Boiler is not operational. Before boiler could be utilized, a licensed mechanical contractor would need to evaluate its operation capabilities and certify that it is in proper working order. 2. Termite and water deterioration to the frame and door exiting out of boiler room. Building Division Memo 01-060 to Nancy Byrne RE: Old Boynton Beach High School April 4, 2001 Page Four Electric 1. North side - Air conditioning pipe exposed and could be damaged by parked cars. Violation of 1999 National Electrical Code (NEC), Article 300-4 & Article 90-1. 2. On west side of the building, Florida Power & Light's service transformer has been undermined and is leaning approximately 15 to 20 degrees to the south. Possible danger of this, with it not being level, is that it could easily slide offthe pad and cause a dead short with unlimited amperage. Violation of NEC, Article 300. 3. Exposed conduits on west side of building are cracked and covers offLB's, exposing wires. 4. South side of building-fire, alarm junction box completely rusted out, exposing wires and causing the fire alarm system to be inoperable. Violation of Life Safety Code and NEC, Article 700. 5. Light fixtures on south Side entrances and other areas are missing covers and not rated for the locations. These fixtures at the entrances need to be weatherproof. Fixtures in other locations need to conform to NEC, Article 410-4. 6. Air conditioning sub panels on the south Side of the building are. no longer conforming to the NEC, Article 384. 7. Junction boxes feeding air conditioning units for 1st & 2nd floor are missing covers, exposing wires. 8. East side conduits entering cafeteria are rusted, separated and loosing ground, causing a hazardous condition. NEC, Article 250. 9. Cafeteria area- several of the outlets are broken, several cords were frayed, one especially to an exhaust fan had shorted out and caused a burn spot on the wall. NEC, Article 90-1. 10. Room 103 - light switch and receptacle at 'entrance have been shorted out, burning the cover. Several outlets broken and light in closet has shorted out causing tar sediment to settle on the lens. This is prevalent throughout the building. 11. Room 102 - outlets broken and need to be repaired. 12. Office area - the main fire alarm panel is no longer conforming to NEC, Article 700. The equipment is outdated and is no longer serviceable. 13. Office area - several conduits and boxes have exposed wiring. 14. Plan room - several broken outlets. Surface mounted electrical box on east side has broken off wall and needs to be repaired. 15. Globes are missing from fixtures in boys' restroom. Switch broken and needs to be repaired. 16. Room 201 - Exposed Wiring on west wall and several broken outletS. 17. Room 202 - Exposed wiring on south wall and several broken outlets. 18. Room 203 - Several broken outlets. Building Division Memo 01-060 to Nancy Byme RE: Old Boynton Beach High School April 4, 2001 Page Five 19. Room 204 - Not accessible, but looking through a window, I saw several broken outlets. 20. 1st & 2nd story hallways - the old existing fuse panels have been converted to breaker panels, which are now nonconforming to NEC, Article 384 and UL approvals. 21. Gymnasium and stage area ? lighting in stage area has exposed, outdated wiring. NEC, Article 90-1. Open junction boxes and switch boxes; emergency panel missing cover. 22. Room 101 - outlet box on north wall separated from wall, exposing wiring in back. Needs to be repaired. The building was rewired in 1974 to the National Electrical Code, 1969 Edition. Since this time, numerous changes have been made to the National Electrical Code. This building does not conform to the 1999 National Electrical Code for places of assembly. Outlets in classrooms need to have GFI outlets. The egress lighting and emergency exit lighting do not conform to the 1997 Standard Building Code, Section 1016. In conClusion, a licensed structural engineer needs to evaluate the structural integrity of this building as it has a major infestation of termites and has received termite and water damage. I would recommend, that an asbestos and lead paint survey be performed prior to allowing occupancy of this building. Licensed contractors would have to file applications, secure permits and receive applicable inspections for electrical, plumbing, mechanical and building repairs of this structure once ithe evaluation has been conducted and determined that the structure i s worth saving. The roof and many rooms of this building could not be inspected due to lack of accessibility. Currently, this building is in violation of Section 3401.6 of the 1997 Standard Building Code, which states "All buildings, structures, electrical, gas, mechanical and plumbing systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary, condition. All devices or safeguards which are required by the technical codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical and plumbing systems." DJ:bg XC: Larry Buchanan \\CHkMAINkSHRDATA\Developrnent\Building-6870\DocumentshMemos in Word\Old Boynton High School.doc BUILDING DIVISION MEMORANDUM NO. 95-i67 June 6, 1995 To: From: Bill DeBeck, Project & Facilities Management Don Johnson, Building Compliance Administrator Old Boynton High School - Inspection for Occupancy This inspection consisted of four classrooms on the second floor, the floor area of the gymnasium and boys & girls and men women rest rooms on the second floor and kitchen area of the cafeteria. I was told that these are the only spaces that be used for Recreation Deparument activities. I. Classrooms: The holes in the interior and exterior building must be patched and sealed. T~o areas of the clas:srooms have the roof leaking heavily and damage is occurring to the ceiling and walls creating a life safety hazardin these areas. Fluorescent fixtures in the classrooms need to be fixed as wire and wire nuts are hanging out of the fixtures. Gymnasium: To utilize the floor of the gymnasium, the stage and the surrounding bleacher areas need to be blocked off to keep students from proceeding beyond designated areas. Also storage areas must be locked. DJ:mb 4. 5. 6. 10. 1!. Egress: Al! emergency means of egress need to be left un-obstructed and un-obscure. Storage Rooms: Doors in this area need to be blocked and sealed so children do not wander into theses. Rest rooms: The boys/girls and men/ladies rest rooms should have all fixtures remain fully operational. Ventilation: At/windows in the rest rooms need to be open for a means of ventilation and be properly screened. Kitchen/cafeteria: The kitchen area of the cafeteria must have water piping properly capped where previous fixtures have been removed, so that valves cannot be accidentally turned ou causing a flooding condition. The holes in walls in this area need to be patched and sealed. Any equipment not being used should be removed and stored elsewhere. Electrical: In various electrical panel areas, breaker blanks are missing and need to be replaced. A breaker at the main asr conditioning breaker does not provide a clear switching space and will not alto~ breaker to trip freely. Lighting: All exit and emergency lights must work properly and provide a safe means of egress. Fire extinguishers: All fire extinguisher must be mounted in appropriate places, readily accessible. Boiler room: All doors to the boiler room must remain locked and boiler is not to be used. Don Johnson ~ cc: William V. Bukill, P.B., Department of Development Director FIRE DEPARTMENT MEMORANDUM NO. 95-110 TO: FROM: Carrie Parker %.._~D' ecto, De.pa~hent of Fire-Rescue SUBJECT: Use of Old Boynton School June 15,1995 Attached is a clarification of the inspection report submitted by Fire Inspector Cavanaug h in Memorandum 95-271. This clarification allows the Old School to be used on a temporary basis. If you have any questions, please contact me in the Chief's Office. FJ/pag CC: All Departmen'~ Heads FIRE PREVENTION MEMORANDUM NO. 95-274I~ WDC TO: FROM: DATE: RE:: Chief Jordan Inspector Cavanaug June 14, 1995 occupation and Use of Old Boynton School (Frame Construction) "The old (turn of the century) elementary building should not be used until restoration is complete. Wooden stairs, open stairwells, etc. absolutely do not meet any reasonable degree of Lifesafety" (Fire Prevention Memorandum NO. 95-271). Centennial Events, Historic Society, Meetings of Adults for short (ie: one evening, one day, etc.) periods are not generally a problem. The following suggestions may help lower the risk associated with using the building in its present condition: Posting No Smoking in the Building. 2. Barricade admittance to second floor. Adults only in building or adult accompanied tours if children are present. Regular/daily use of the building for classes, rehearsals, etc. should be prohibited until the building has been renovated. For meetings of groups over twenty persons a fire guard would be appropriate. Attached please find a copy of the Chapter on Fire Loss Prevention from Fire Prevention Handbook. CC: FPO II CAMPBELL FILE Requested City Commission Meeting Date.s. [] July 17.2001 [] August 7.2001 [] August 21,2001 [] September 4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5. 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22. 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19. 2001 [] October2. 2001 [] October 16,2001 [] November 6, 2001 VII.-CITY MANAGER'S REPORT ITEM B. 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: Receive a report by the Bruce Group on behalf of Associated Estates Realty Corporation (AEC) on the Status of the Boynton Marina Village Project EXPLANATION: In December 2000, AEC, a Cleveland based company assumed control of what was then known as the Boynton Marina Marketplace. Acting through their local representative, the Bruce Group, the company has spent the last ten months preparing to implement Phase One of the project. This has involved resolving problems inherited from the former owners and working through a number of unique site issues and code requirements. Phase One construction, involving the reconstruction of Casa Loma Boulevard as well as the construction of office, retail and restaurant facilities, is now underway. The Bruce Group would now like to provide the Commission with a view of their plan for Phase Two of the project, involving two multi-story apartment buildings with ground level retail and a 600 car parking structure. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Quintus L. ~r~en~[,~)~-v~lopm~3_Director City Manager's Signature Department of Development Department Name City Attorney / Finance / Human Resources S:XBULLET1N~ORMS~GENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] July 17.20Ol [] August 7, 2001 [] August 21~ 200[ [] September 4. 2001 VII - CITY MANAGER'S REPORT ITEM C 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 [] September 19. 2001 [] October 2, 2001 [] October 16. 2001 [] November 6, 2001 July5, 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.) 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 [] Consent Agenda [] Public Heating [] Bids ] Announcement [] City Manager's Report [] [] [] [] [] Presentation RECOMMENDATION: Approve resolution to contract with Lance ~ collaboration with Reapportionment Group 2000, L.L.C., to prepare based on the 2000 Census. EXPLANATION: According to Article II of the City Charter, Section 17(0, geographic boundaries, i.e. "...Geographic boundaries for each voting identified not later than January, [2002], by contract to the City of Boynton Beach university or educational research institution located within the State of Florida to be of the City Of Boynton Beach. PROGRAM IMPACT: The consultant, Professor Lance deHaven-Smith, Ph.D., will boundary map for review and consideration by the Boynton Beach City Connnission. necessary to complete redistricting within the specffied timeframe. The contract also interviews with individual Boynton Beach City Commission members and 1 Reapportionment Group 2000, L.LC. See attachments Exhibit A, Lance deHaven-Smith. FISCAL IMPACT: Professor Lance deHaven-Smith, Ph.D., will provide services for Funds for this project will be transferred from the Contingency account to account ~001-1211-512-4917. ALTERNATIVES: According to the City Charter there redistricting process. · "//]Department Head;s Signature Department Name S:~BULLETINXFO~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING A PROPOSAL DE IN THE PROPOSED THE DATE. WHEREAS, pursuant to Article II of the City Charter, Section 17(0, Geographic boundaries for each voting district shall be designated, prepared and identified not later than January {2002}; and WltEREAS, upon recommendation of staff, the City Commission deems it appropriate to accept the proposal of Lance de Haven-Smith, as outlined in the Scope of Work, attached hereto as Exhibit "A", and outlines key tasks necessary to complete redistricting withinthe statutory timefi~ame, 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 accept the Proposal of Lance de Haven-Smith, in the amount of $9,800.00; to prepare proposed Commission district boundary maps, based on the 2000 Census. A 'copy of the Proposal/Scope of Work is attached hereto as composite Exhibit "A.. Section 2. This Resolution shall become effective immediately upon passage. S:'~,A~RESO~Agreements~.ance ;let-larch-Smith Proposal 100901.doc PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) S:XCA~RESOW. greements~Lance deHaven-,Sntth Proposal 100901.doc day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner SCOPE OF WORK Exhibit A Purpose Article II of the City Charter, Section 17(0, sets out the time frame for designating geographic boundaries, i.e. "...Geographic boundaries for each voting district shall be designated, prepared and identified: not later than the first day of lanuary, 2002, and every four (4) year thereafter by contract to the City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida .... " Professor Lance deHaven-Smith, Ph.D., Florida State University, and Reapportionment Group 2000, L.L.C., propose to assist the City Of Boynton Beach Department of Development in preparing redistricting options for the City of Boynton Beach City Comm/ssion. Narrative Description of Tasks The scope of work involves a series of taska set to begin in October 2001 and end in January 2002. Each task is described below. Establishing the Redistrh:ting Criteria It is understood that the City of Boynton Bench Comn,.ission has agreed to use the following criteria to guide the redisUicting process: To the extent practical with existing precinct boundaries, achieve population equality among the districts. Adhere to Section 2 of the Voting Rights Act of 1965, as amended and interpreted through case law. Follow major natural and manmade boundaries. Maintain integrity of communities of interest, including municipal boundaries. Insure compactness and contiguous districts. Preserve the core of the existing voter districts. Data Colleetlon Will acquir~ both the geographic and attribute information to support the redistricting analysis. The t~luired redistricting data have three (3) main elements: geographic, demographic, and voting registration/election data. (1) Demographic Profiling Information ~' 2000 U.S. Census Population Data (Public Law 94-171 Redistricting Data, Universe: Total Population). Source: U.S. Census Bureau 2000 U.S. Census Population Data for Racial/Ethnic Background (Public Law 94-1'/1 Redistricting Data, Universe: Population of two or more races). Source: U.S. Census Bureau (2) Voter Registration and Election,Information - In cooperation with the Palm Beach County Supervisor of Elections, the City of Boynton Beach Department of Development and Professor Lance deHaven-Smith and Reapportionment. GroUp 2000, L.L.C. will obtain the most current Voter Registration information (gender. party affiliation, and racial composition) as well as election information from two previous elections as identified by City of Boynton Beach Department of Development for the purpose of analyzing voter turnout. It is imperative that the voter registration and election information be provided at the precinct level (requiring that the data.set include the individual precinct number as well as the demograPhic information). ~ Currant voter Registration Data at the Preciuct-Level: Information would include total registered voters, gender, racial and/or'ethnic composition, and party affiliation. Source: Florida Legislature, Florida Redistricting Election Data Set (FREDS). Format: dbase. l~ Previous election information would include total number of registered voters by ~inct :who turned out for two elections as well as demographic information about the voter such as gender, racial composition, and party affiliation. Source: FREDS. Format: dbase. EStimated Timeframe: October 1, 2001 - October 5, 2001 3. Data Integration to Generate Existing District Map and Support Maps Professor Lance deHaven-Smith, PhD will integrate both the demographic and voting information with (3IS maps of the City of Boynton Beach. The map layers will include precinct boundaries, census block query boundaries, roads and streets, and other geographic information. At a minimum, the following maps will be developed using this information: ~ Map depicting Total Population Totals and Percentages by Existing Districts. ~ Map depicting Racial Ethnic Composition Totals and Percentages by Existing Districts. ~. ~p depicting Racial/Ethnic Composition Totals and Percentages at ~nsus Block (3roup Level. ~. Map depicting Number of Registered Voters in each Existing District ~ Map depicting Party Affiliation by Voting Precinct ~' Map depicting Voting Turnout for past elections. 3 Professor deHaven-Smith is free to develop any additional maps that in his judgment are pertinent to the redismct ..Estimated Timeframe~ October 5, 2001 - October 19, 2001 4. Meet With CitY Commissioners In cooperation with Reapportionment Group 2000, L.L.C., Dr. deHaven-Smith wi and discuss concerns regarding the and schedule of the meetings will be based upon the roi · Pre-Planning Meeting: · Draft Review of Options Meeting: · Final Review of Options Meeting: Prepare-and Present the Redistricting Option Maps to the City Commission Dr. deHaven-Smith will prePare and present several redistricting options to the Boynton Beach City Commission for review and comments. Each Commissioner will be provided with a redistricting packet containing the following items: Major Roadways, and young Pmcinc n the Districts. ~ Racial/Ethnic Composition totals and Percentages by Proposed Districts. ~ such as number of registered votes ',gistered voters, total registered voters, and party affiliation assigned to in each proposed option will be provided only for redistricting options. October 17, 2001 - November 7, 2001 Review Process of Maps Submitted by Outside Parties ~' Redistricting proposals will be provided in either dbase, Microsoft Excel, Quattro Pro, and/or Microsoft Access format that includes the following fields: 1) Census BlOCk Number 2) Proposed District Number Assigned to that Census BlOCk 3) Population Total for that Census Block 7. Review Recommendations for Revisions and Modify Approved Changes to -- the Redistricting Option Mnps Dr. deHaven-Smith, in cooperation with Reapportionment Group 2000 L.L.C., will revise the redistricting options following input from City of Boynton Beach. F4timated Tirr~frame: November 7, 2001 -November 21, 2001 Presentation of the Final Version of the Redistricting Option Map(s) Based upon the comments and recommendations received from the Boynton Beach City Commissioners, Dr. deHaven-Smith will present the final version of the Redismcting Options for final approval by the Commission. Reapportionment Group 2000, L.L.C. will be in attendance to provide legal counsel. PDF format for dissemination to public and other interested parties. Dr. deHaven- Smith will provide the ArcView OIS files to Boynton Beach GIS for its use in disseminating information to the public Estimated Timeframe: November 21, 2001 - December 7, 2001 Submittal of Redistricting Map Approved bY the City and Narrative Information Regarding District Boundaries ~, Dr. deHavin-Smith will provide approved redistricting option to Reapportionment Group 2000, L.L.C. and Reapportionment Group 2000, L.L.C. will develop the legal narratives of each district boundaries. ) In the event that an outside party's map is approved, Dr. deHaven-Smith will develop the map in ArcView OIS format. ~' Iris the responsibility of the outside party to provide the boundary narratives to the City, Of Boynton Beach Department of Development. Estimated Timeframe: No later than January 1, 2002 but preferably by December 25, 2001. lnvoicinz All materials and d_st. files developed for the City under this agreement shall become the sole property of the City and shall be available to the City. Invoice for initial payment shall be sent to the Finance Director at City Hall for service rendered through the point of submission of boundary configurations to the appropriate city office or staff. Invoice for final payment shall be sent to the Finance Director at City Hall upon completion of the project. Completion shall be defined to mean the time when a Final Report has been made to the City Commission. Supplemental Scope of Work for Reapportionment Group 2000, L.L.C. ~' Provide all the technical and legal support needed to implement legally enforceable redistricting plans after the 2000 census data is released. ~) All work is done in strict conformity with the general_iy accepted standards set forth in the U.S. constitution, the Voting Rights Act, applicable state law, and the controlling Will attempt to identify that may s overall that is not ~ post-2000 plan on The and controversies City Of Boynton Beach. applicable state and federal laws as criteria. projections indicatethat there has been an increase in the oynton Beach since the 1990 census plan. The impact of the an issue of process. ' enactment of redistricting plans by the City Will develop the legal description of the boundaries of each district of the plan that is adopted by the Commission in suitable format. For services provided, the City Of Boynton Beach will be charged $150.00 per hOur: Any reports, data, or other information given to, prepared, or assembled by the ConSUltant under the contract shall, if requested by Boynton Beach, is to be kept confidential and shall not be published or made available m any individual or organization by the Consultant without prior written approval of the Commission. Exhibit C PROPOSAL FOR THE REDISTRICTING OF BOYNTON BEACH, FLORIDA Submitted by: Reapportionment Group 2000, L.L.C. Jerry Wilson, Managing Partner PO Box 15060 Atlanta, GA 30333 (770) 322-0009 Fax (770) 879-6389 reapportionrnentgroup, corn BACKGROUND REAPPORTIONMENT GROUP 2000, L.L.C. was created to provide redistricting services to city and county governments. We provide all the technical and legal support needed to implement legally enforceable redistricting plans after the 2000 census data is released. RG 2000 consists of attorneys who specialize in political redistricting and voting fights, demographic experts with courtroom experience, and pOlitical consultants who can draft district election plans for all jurisdictions. All work is done in strict conformity with the generally accepted standards set forth in the U.S. Constitution, the Voting Rights Act, applicable state law, and the controlling federal and state court opinions. Collectively, the company's nationally known experts have litigated more than 75 election cases, given expert testimony concerning demographic and redistricting issues in 25 cases, and drafted election plans concerning over 400:jurisdictions. The partners in the company have worked for a number of large jurisdictions faced with difficult representation issues. We have been successful in creating consensus among those with diametrically opposed attitudes about the redistricting process. Jerry Wilson, the Managing Partner of Reapportionment Group. 2000, L.L,C., is an experienced vo.ting rights and political redistricting expert. He has litigated twenty voting fights cases, testified as a demographic and redistricting expert twenty-five times, and consulted with a number of cities and counties on the development of their current election systems. David Buffington is our Lead Counsel and a partner in the company. He is a nationally known voting rights attorney with over twenty years' experience in the political redistricting arena. He has litigated more than sixty voting rights/election cases and :has worked as a consultant for several local governments. Ortharine Williams isa former Assistant City Attorney for the City of Fayetteville, North Carolina. Ms. ams has considerable knowledge of the redistricting process, the legal requirements of the various states. Donna Looper, whose firm works closely with Reapportionment Group 2000, L.L.C, is a noted advisor to candidates for elective office. She has also served as a publiC relations/marketing consultant and as a lobbyist for non- profit organizations, political action committees, and private companies. Consulting Client List Abbeville, Alabama Birmingham, Alabama Clanton, Alabama Green County, Alabama Lowndes County, Alabama Montgomery, Alabama Sumter County, Alabama Tallapoosa County, Alabama Dade County, Florida Leon County, Florida Palm Beach County, Florida Tallahassee, Florida Hinds County, Mississippi Humphreys County, Mississippi Jackson, Mississippi Tallahatchie County, Mississippi New York City'Districting COmmission Yonkers, New York Fayetteville, North Carolina Washington COunty, Mississippi 2 References City of West Palm Beach, Florida Mr. Wilson previously consulted with the city concerning its post 1990 redistricting plan. RG2000 was retained in 2001 to conduct the redistricting process for the city. Contact: Patrick N. Brown City Attorney 200 2~a Street, 4th Floor West Palm Beach, Florida 33401 (561) 659-8017 City of Birmingham, Alabama Redistricting of City Council districtsi realignment of precincts, Section 5 submission to the Justice Department in 1989, 1992, and 2001. Our partners drew original single-member districting plan in 1989, redrew plan in 1992 and 2001 after the decennial census. 2001 redistricting process included Citizens Commission meetings facilitated by RG 2000, drafting of alternative plans, public hearings, address matching the voter registration files, preparation of Section 5 submission, and precinct realignment. Plan precleared by the Justice Department on 8/09/01. Contact: Dr. $arvis Patton Council Administrator 710 North 20ta Street Birmingham, Alabama 35203 (205) 254-2294 City of Fayetteville, North Carolina We drew the original district election plan in 1986. Periodic revisions required because of 1990 census and frequent annexations. The post 2000 redistricting plan was precleared in July, 2001. Contact: Roger Stancil, City Manager City Hall 433 Hay Street Fayetteville, NC 28301 (910) 433-1990 3 Washington County, Mississippi RG 2000 hired to redraw the Western Line Consolidated School District districting plan in 2000. Impacted extreme northern part of Issaquena County. Conducted extensive public hearing proceSs. Rehir~d in 2001 i° draft Plans for the Board of Supervisors, Courts and Constables, and three county school districts. Contact: Willie Griffin, County Attorney Bailey and Griffin, PA 218 South Theobald Street Greenville, MS 38702 (662) 335-1966 II. Proposed Scope of Services A. Guidelines RG 2000 will research the applicable statutes, draft appropriate guidelines and counsel with members of the City Council during the redistricting process. The guidelines will be supported by comprehensive legal memoranda that document the legal standards applicable to the redistricting process. B. Assemble Data And Evaluate Current Plan RG 2000 uses Maptitude as our data management and redistricting software. It gives us full GIS capacity, including the ability to draft the boundary descriptions of districts. Having these resources allows us to match resources and exchange files with county planning and engineering departments and county election offices without using valuable staff time for redistricting work. The TIGER and PL94-171 files are readily available; therefore, there will be few data needs beyond the boundary files for the current districts. A key aspect of plan drawing is the tabulation of voter registration and turnout for each district. The requisite files for this step are available from the county election office. Once we gather the files from all sources, we can create the layers of data that will be useful in determining the levels of representation provided in each district. A report and maps will be generated describing the population of each of the current city council districts. C. Counsel An important part of our service is the education and counsel of City Council members during the redistricting process. Our attorneys explain 4 the law and the process. This step is designed to eliminate problems and concerns that usually-result from misunderstandings about what happens and why the proposed plans have a certain configuration. We also consult with each City Council member before and during the actual drafting of the plans so that no one is surprised by changes or modifications in the format or general theme of his or her district. No plan is stronger than the support generated from the incumbents who adopt it and then run for re- election in the respective districts. Periodic memoranda will be provided to explain the strategies and our approach to the process. D. Draft' Plans Plans will be drafted in conformity with traditional redistricting standards and the guidelines adopted by the City Council. At least three alternatives will ~ submitted to the Council for review. We encourage an approach that continuously solicits input from the incumbents in order to develop unanimity concerning the districts as they are drafted. This hands-on approach allows us to handle issues and questions individually and make assessments of the validity of the positions of incumbents in a private forum. The result can be a plan that the incumbents agree on prior to its public introduction. It' would be good to eliminate as much public political wrangling among Council members as possible to limit the polarization of the community around this issue. The legal description of each district will be provided with the final plan. Adequate color maps will be provided to allow full and clear views of streets and other landmarks. Summary demographic data will be provided with each plan that is drafted. An archive shall be maintained of all - proposed plans. E. Public Input We understand the potential controversies that may arise dUring this redistricting process. Changes in the overall population of the city since the 1990 census are not reflected in the current district election plan. Periodic media pieces should be released to keep the public informed of the status of the process. Community groups may want to add redistricting to their agendas. We can develop public information packets and send representatives to those meetings in order to facilitate understanding of the process in the community. The intent of these efforts is to pick up on adversarial activities, make internal decisions, and avoid potential litigation. All plans submitted as options will be downloaded, evaluated for compliance with the redistricting guidelines, and submitted to the city council for review. F. Consideration and Adoption by the City Council Statutory. requirements for enactment of Council inc forum for dissent by the this process plans by the Cit~ th~ final local appeal members. We will facilitate IH. Compensation For services provided by Reapportionment Group 2000, L.L.C., "Consultant", Boynton Beach, Florida will pay the Consultant at an hourly rate per hour of $150.00 per hour plus expenses for the work performed under this Project. A contract shall be executed between the parties that include the terms for payment of fees and expenses for this Project. IV. Confidentiali ,ty Any reports, data, or other information given to, prepared, or assembled by the Consultant under the contract shall, if requested by the City of Boynton Beach be kept confidential and shall not be published or made available to any individual or organization by the Consultant without prior written approval of the City Council. REAPPORTIONMENT GROUP 2000, L.L.C. P.O. Box 15060 Atlanta, Georgia 30333 1-800-484-3453 (770) 322,0009 Fax 770-322-0309 www.reapportionmentgroup.com October 2, 2001 VIA e-mail Wilfred Hawkins Assistant City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 Re: Boynton Beach Redistricting Dear Mr. Hawkins: I am attaching a formal redistricting proposal pursuant to my conversation and e-mail from Carisse Weise of your-staff. I have confirmed the hourly rate and included a calendar for the project as Appendix A. We are a full service firm that can handle every aspect of the. redistricting process. Our ettomeys have over 50 years of experience handling political redistricting issues. We are currently working for Palm Beach County and the City Of West Palm Beach. I think that we are uniquely qualified to assist you with the redistricting process. I am wi11ing to visit with you at any convement t/me to discuss our services. Thank you for your consideration, and I look forward to hearing from you. Sincerely, Enclosures Jerry Wilson 7 PASSED AND ADOPTED this __ day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner S:~CA~RESOh~4lreements~Lance ~eHaven-Strith Proposal 100901.doc Requested City Commission Meeting Dates '[-'] July 17, 2001 [] August 7. 2001 [] August 21, 2001 [] September 4, 2001 VI! - CITY MANAGER'S REPORT ITEM C CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office July 5. 2001 (5100 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 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 [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve resolution to contract with Reapportionment Group 2000, L.L.C., in collaboration with Lance deHaven-Smith of Florida State University, to prepare proposed Commission district boundary maps, based on the 2000 Census. EXPLANATION: According to Article II of the City Charter, Section 17(f), sets out the time frame for designating geographic boundaries, Lc. "...Geographic boundaries for each voting district shall be designated, prepared and identified not later than January, [2002], by contract to the City of Boynton Beach with four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Comminsion of the City Of Boynton Beach. PROGRAM IMPACT: The consultant, Professor Lance deHaven-Smith, Ph.D., will prepare a Commission District- boundary map for review and cousideration by the Boynton Beach City Commimion. Reapportionment Group 2000, L.L.C. will provide all the legal support needed to implement legally enforceable redistricting plans done in strict conformity with the generally accepted standards set forth in the U.S. Coustitution, the Voting Rights Act, applicable state law, and the controlling federal and state court opinions. The contract outlines key tasks necessary to complete redistricting within the specified timeframe. The contract also provides for a minimum of three interviews with individual Boynton Beach City Commission members and for outside legal review by the Reapportionment Group 2000, L.L.C. See attachments Exhibit A, Contract/Scope of Services; Exhibit C, Letter from Reapportionment Group 2000, L.L.C. (Jerry Wilson). FISCAL IMPACT: Reapportionment Group 2000, L.L.C. (Jerry Wilson) will provide legal services for an amount of $150.00 per hour with travel and expenses not to exceed $3,000.00. Funds for this project will be transferred from the Contingency account to Other Contractual Services, account # 001-1211-512-4917. ALTERNATIVES: According to the City Charter there are no alterna~eed with this 'I~p~ent Head's Signa~ur~ ~~ Manager's Signature Department Name City Attorn~,q Finance I limn Resources SABULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC - RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING A PROPOS TO PROVIDE TECHNICAL AND TO IMPLEMENT LEGALLY ENFORCEABLE REDISTRICING CENSUS; AND WItEREAS, pursuant to Article. II of the City Charter, Section 17(f), Geographic boundaries for each voting district shall be designated, prepared and identified not later than January (2002}; and WHEREAS, upon recommendation of staff, the City Commission deems it appropriate to accept the proposal of Reapportionment Group 2000, L.L.C., as outlined in the Scope of Work, attached hereto as Exhibit "A", to provide technical and legal support needed to implement legally enforceable redistricting plans, based on the 2000 Census. 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 accept the Proposal of Reapportionment Group 2000, L.L.C., at an hourly rate of $150.00 per hour, to provide technical and legal support needed to implement legally enforceable redistricting plans, baSed on the 2000 Census. The Commission also approves travel and expenses aSsociated.with this project in an amount not to exceed $3,000. A copy of the Proposal/Scope of Work is attached hereto as composite Exhibit "A" Section 2. This Resolution shall become effective immediately upon passage. S:K~A~RESO~,greements~Real~oor~onrne~t Group 2000 Prol:~sa1100901 .doc PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) $SCA'~ESO~Agreemems'~eal~oortionment Group 2000 Prol:~sal 100901 day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner [] July 17,2001 ^u St 7, 2ool AuguSt 21 ) 2001 , September 4,200l VIII.-PUBLIC HEARING ITEM A. CITY OF BoYNTON BEACH AGENDA ITE.M REQUEST FORM Date Final Form Must be Turned tn to Cl. - Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) Atigust g, 200l (5:00 p.m.) August 22. 2001 (5:00 p.m.) Requested City Commission [] September 19, 2001 [] October 2, 2001 [] october 16, 2001 [] November& 2001 Date Final Form Must be Turned into Ci · 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.) [] Development Plans [] Administrative [] New Business [] Consent Agenda [] Legal [] Public Hearing l~] Unfinished Business [] Bids [] Presentation [] Announcement [] City Manager's Report .... 16- 2001 City Commission Agenda under Public · please place this requ, st on the Oct.obe.r 2-,;-,nt's reauest, granted a postponement. ,on ! velo ment Agency Board, in respo _ns_e. to.re. ~ aPgu~t~ss~ [o~ ;ostponement is also approved oy Lt~ Rede . .P .... .~ .... tuber 13, 2001. tt me req v ~' -5~___ .~.,oa~ ,ertaining to this re ularly scheduled meeting o.a.,,,,,,~___~,. 20 2001 meeting. For mrm~ ~ .... ~ fids item would be rewev(ed at tn le~er from thc applicant. DESCRIPTION: Development (PUD). N/A N/A Dakota Lofts Tompkins, Jr H.Chans P' Enterprises, Inc. 300 feet south of the intersection ofFedera!~igl~-'a~'. East side Federal Highway approximately, the site of the Sun Wah_Regl~urai~ _o.f .... ,~. ....mOlO S Federal a~ghway) fo .r~.e. rly ..... ~-cal Retail and Old Dine ruguw,~y k~ . ' - ~-,-- =.,-,-,. Land use Map uum,-,~ _ _.j_ ~.~.~. - _~ ,,.. t-',,,-~,ret~ens~ve rta~ ,' u~m~ _ .a__-'-~ tx-mR] and to rezone Request to ame.- ~i~7~iiidential LDR to High Density Kesme.tu-. };TP~a~ned Unit-- ' ~;--' (LKC) and Low D 'ty_ ...... :--le Family Residential (R-l-AA) : & 2:: ~ ...-~ .-.. Community Commercial (.C-~) and ~,m~ - ~.~ -- City Manager's Signature City Attorney / Finance / Human Resources ~: A .~r~sq-A,~p~mning~udson~DAKOT LOFTS LUAR~Agenda Item R~iu~s'~ Postpone~em.dot SEP-I?-2001 18:49 2295 Corpor~e Bird. N.W. Executive Court One Suite 240 Boca Raton, FL 33431 Tel 561.998.0955 Fnx 561-997-5721 Etttail: hptcon~bel}south.ne, PROFESSIONAL ENGINEERING 1AND DEVELOPMENT SITE EVALUA?ION · · PEPOmTT~G & C~C~NCY PRO. CT FROM TO 15627426259 September 17, 2001 Via Fax: 561-742-6259 Ms. Sherle Coale City of Boston Beach Department of Development Pl~nin8 ~ad Zoning Division 100 ~ Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 Dear Ms..Crude, Pursuant to your memo of St~tlm~b~r 15, 2001 please postpone this Rem to the nexI Ivailable Technical Review Commitiee. We are trying to resolve · I1 of ~he comments received to date and finish the architectural plato r~lui~. f~ this mlmaittal. I ~olosiz~ for this r~lu~t for po~on~at~ bm I would like to address all of the commemta one time and not waste statFs time with more than one TR.C meeting. If you have any questions or need any additional information, pleue contact me ar 561-995-095~. SEP I 8 2001 TOTAL P.01 · Building DEPARTMENT OF DEVELOPMENT Planning and Zoning Division · Planning & Zoning · Occupational Licenses · Community Redevelopment September 19, 2001 Mr. H. P. Tompkins, Jr. HPT Consultants, Inc. 2295 Corporate Boulevard, N.W. Executive Court One-Suite 240 Boca Raton, FL 33431 RE: -Dakota Lofts Dear Sir: Pursuant to your request for postponement of review by the Technical Review Committee of the above referenced project, the review has now been scheduled for Tuesday, September 25, 2001. As a result of this postponement, your scheduled dates for hearing by the Community Redevelopment Agency and the City Commission are now November 13, 2001 and November 20, 2001, respectively. In addition, since the site plan for the project will also be reviewed the master plan for the Planned Unit Development, the land use amendment/rezoning and abandonment applications for the property will be heard by the CRA and the City Commission on the same dates as the site plan. Should you have any questions, please contact me at 742-6260. Yours truly, Dick Hudson, Senior Planner J:"',$HRDATA\PIcJnning\$HARED\WP\PROJECTS~DAKOTA LOFTS~LUAR\Reschedule Itt. dot City of Boynton Beach · 100 East Boynton Beach Blvd. · P.O, Box 310 Boynton Beach, FL 33425-0310 Phone: (561) 742-6260 · Fax (561) 742-6259 · www.ci.boynton-beach.fl, us Requested City Commission Meetin~ Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4.2001 XL - NEW BUSINESS TTEf4 ~i~ /~ 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 8,200l (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.m0 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 [] New RECOMMENDATION: Request by member of City Commission to have staff a ERU fee to balance out storm water projects for a longer time line. Approval by mouon. EXPLANATION: The staff received a request from a member of the City Commis: analysis of the impact of reducing the Stormwater ERU from $6.00/mo to $5.00/mo. This reductions to business properties which have their Stormwater EKU calculated on area PROGRAM IMPACT: Staff to analyze and calculate the following: 1. Revenue stream based on current vs. proposed Stormwater ERU. 2. Which construction projects are ready to go and can be funded by the Stormwater ! these projects still go forward with a 17% revenue reduction (impact of proposal)? 3. Impact of swale program and canal program which the City Commission directed staff reviewed and possibly funded through the Stormwater ERU. (Note: The swale~ Stormwater ERU but the Commission during budget review added the canal r FISCAL IMPACT: Current revenue projection for FY 2001-02 is $3,744,000. A ALTERNATIVES: Status quo and leave the Stormwater ERU at $6.00/mo or direct greater reduction than proposed above. Department Head's Signature Department Name S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC City Attorney / XII. - LEGAL ITEM B. 2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] July 17, 2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) [] August 7, 2001 July 18, 2001 (5:00 p.m.) [] October 2, 2001 September 20, 2001 (5:00 p.m.) [] August 21, 2001 [] September 4, 2001 NATURE OF AGENDA ITEM August 8. 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) [] November 6. 2001 October 17, 2001 (5:00 p.~.~ [] 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 October 16, 2001 City Commission Agenda under Legal, Ordinances - First Reading. The Planning and Development Board voted separately on each of the three (3) elements of this NOPC/master plan modification application, as outlined in the staff report under RECOMMENDATIONS. The Board voted 6-2 to support the conversion of Lots 7-11 and 23-31 to "Mixed Use", and voted unanimously to recommend the approval to remove the acreage of Lot 34-C from the open space category and place it in a newly created category called "Reserved", and to reconfigure Quantum Lakes Drive. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-214, and the attached addendum to the staff report (Memorandum No. PZ 01-220). EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: QUANTUM PARK DRI NOPC/Master Plan Amendment #12 Eugene Gerlica, P.E. MFT Development Inc. Quantum Park, P.I.D. Request to amend the Quantum Park DRI/Master Plan to change the permitted use on lots 7-11 from "Office Industrial" (OI) to "Mixed Use" (MU) and lots 23- 31 from "Office" (O) to "Mixed Use" (MU); to increase maximum residential traits from 500 units to 1,000 units; to partially close Quantum Lakes Drive and create two (2) new tracts of "Mixed Use" (MU); and to change the permitted use on tract 34-C from "Detention" t~~-//~L-~5 ~'t,/~L. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERN~VES: N/A - Development ~D~rtment Director Planning & Zorti~g Director ~~~ i~s Signature City Attorney / Finance 1 Human Resources S:XPIanningkSHARED\WP~'ROJECTS\Quantum Park 2001 Amen #12kDRIA 01-00P~.genda Item Request Quantum Pk DRI NOPC 10-16-01.dot S:~BULLETIN'~FORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- ~ q AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMINATION WHETHER CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO. 84-51, AND AMENDED IN ORDINANCES NOS. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05 AND 00-02 CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380.06, FLORIDA STATUTES, 1996, AND WHETHER FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS. 84-51, 86-11, 86-37, 88-3, 94-1:0, 94-51, 96-33, 96-65, 97-20, 99-05, AND 00-02) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Riteco Development Corporation, a Florida corporation ("Riteco") filed with the City of Boynton Beach (the "City") an Application for Development Approval of Comprehensive Development of Regional Impact (the "ADA") on May 21, 1984, regarding that certain property (the "Property") described in Exhibit "A", attached hereto and made a part of hereof; and WHEREAS, the ADA was approved and the Development Order for the Property was granted December 18, 1984 pursuant to Ordinance No. 84-51 (the "Development Order"); and WHEREAS, Riteco subsequently conveyed its fight, title and interestin and to the Property to Boynton Park of Commerce, Inc., a Florida corporation ("Boynton Park"), and, Boynton Park, in turn, subsequently conveyed its fight, title and interest in and to the Property to Quantum Associates, a Florida general partnership (the "Developer"); and Page I of 5 WHEREAS, the City approved previous applications to amend the Development Order which applications were approved by the City in Ordinance No. 86-11, Ordinance 86-37, Ordinance No. 88-3, Ordinance No. 94-10, Ordinance No. 94-51, Ordinance 96- 33, Ordinance No., 96-65, Ordinance No. 97-20, Ordinance No. 99-05 and Ordinance No. 00-02; WHEREAS, the City Commission of the City of Boynton Beach, as the governing body having jurisdiction, is authorized and empowered to consider applications for amendments to development orders approving developments of regional impact pursuant to Chapter 380.06, Florida Statutes (1996); and WHEREAS, the City Commission has considered the testimony, reports and Other documentary evidence submitted as said public hearing by Quantum, the City staff and the public, and the City Planning and Development Board's recommendation of the l0th day of October, 2001; and WHEREAS, said City Commission has considered all of the forgoing. NOW THEREFORE, BE IT ORDAflNED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. A notice of public hearing was duly published on the 28th day of October, 2001, in the Palm Beach Post, a newspaper of general circulation in Boynton Beach, Florida, pursuant to Chapter 380.06, Florida Statutes, and proof of said publication has been duly filed. Section 2. The Development Order shall be amended to include the following provisions: Page 2 of 5 Lots 7,8,9,10 and 11: These lots were previously designated as Office/Industrial (OI) Land Use. The Land Use Designation for Lots 7, 8, 9, 10 and 11 shall be amended to reflect a "Mixed Use (MU)" Land Use Designation. The Mixed Use commercial and residential uses. Lots 23, 24, 25, 26, 27, 28, 29, 30 and 31: Land Use Designation includes office, These lots were previously designated as Office (O) Land Use. The Land Use Designation for Lots 23, 24, 25, 26, 27, 28, 29, 30 and 31 shall be amended to reflect a "Mixed Use (MU)" Land Use Designation. The proposed Mixed Use Land Use Designation includes office, commercial and residential uses. In conjunction with the change described above, the maximum residential number of units shall be increased from 500 dwelling units to a total of 1,000 residential units. Lot 34-C: Designate this lot as "Reserved". Quantum Lakes Drive: Reconfigure Quantum Lakes Drive in the area north and east ofthe Quantum Lakes Drive intersection with Quantum Lakes Drive to the eastern intersection with Gateway Boulevard. This reconfiguration will create two new Mixed Use (MU) designated parcels labeled 100 and 101 totaling 5.21 acres. Section 3. Master Site Development Plan Amendment No.12 as submitted to the City, a copy of which is attached hereto and made a part hereof as Exhibit "B" replaces and supersedes the Master Site Development Plan currently approved in the Development Order. Page 3 of 5 Section 4. The Development Order shall also be amended to include the Conditions of Approval #1, 2, 3, and 4, attached and incorporated herein as Exhibit "C". Section 5. Upon consideration of all matters described in Section 380.06, Florida Statutes (1996), it is hereby determined that: A. The amendments proposed by Quantum do not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to this area. B. The amendments proposed by Quantum are consistent with the local comprehensive plan and are, or will be, consistent with the local land development regulations, subject to the conditions outlined above. C. The amendments proposed by Quantum are consistent with the recommendations of the Treasure Coast Regional Planning Council, subject to the conditions outlined above. D. The amendments proposed by Quantum do not create any additional regional impacts and therefore do not constitute a substantial deviation under Chapter 380.06, Florida Statutes (1996). Section 6. The City Commission has concluded as a matter of law that these proceedings have been duly conducted pursuant to the provisions of~Chapter 380.06, Florida Statutes (1996), that Quantum is entitled to the relief prayed and applied for, and that the Development Order is hereby amended incorporating the amendments proposed by Developer as set forth in Section 2 above. Section 7. Except as otherwise amended herein, the Development Order shall remain in full force and effect. Page 4 of 5 Section 10. Section 11. FIRST READING this All ordinances or parts of ordinances in conflict herewith are Section 8. hereby repealed. Section 9. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon passage. day of C)c.~'oiB ER. ,2001. day of SECOND READING and FINAL PASSAGE this ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S:ca\Ord\Quantum DR[ - 2001- 1010/01 DRAFT Page 5 of 5 TO: -THROUGH: FROM: DATE: SUBJECT: DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 01-214 Chairman and Members Planning and Development Board Michael Rumpf Planning and Zonin~.ir. ector Lusia Galav, AICP ~' Principal Planne~..~ October 4, 2001 Quantum Park - DRIA 01-001/MPMD 01-003 Master Plan Amendment #12 NATURE OF REQUEST Quantum Park of Commerce is a partially built-out Development of Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development (PID). It is located on the west side of 1-95, between Miner Road extended and the Boynton Canal - (C-16). (See attached Exhibit "A"- Location Map). The applicant, MFT Development, Inc. is requesting an amendment to the Quantum Park DRI Development Order (D.O.) adopted December 4, 1984 by Ordinance No. 84-51. The original D.O. was subsequently amended 10 times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05 and 00-02. The City Commission denied Amendment #11 on February 20, 2001. The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan. Amendment #12 proposes several changes including amending the existing use designations on ;14 lots in the Master Plan to the "Mixed Use" designation. This proposed change to the Master Plan would potentially represent the second Mixed Use Pod within the PID. All requested changes are depicted in Exhibit "C" - Proposed Master Plan and described as follows: 1) Change in the Master Plan designation of Lots 7, 8, 9, 10, and 11 from Office/Industrial (OI) land use to Mixed Use (MU). The proposed Mixed Use designation includes office, Commercial and residential uses; 2) Change in the Master Plan designation of Lots 23, 24, 25, 26, 27, 28, 29, 30, and 31 from Office (O) land use to Mixed Use .('MU). The proposed Mixed Use designation includes office, commercial and residential uses; and 3) Increase the maximum number of dwelling units permitted from 500 to 1000. 4) 5) Designate lot 34-C as Industrial (IND) land use on the Master Plan. Reconfiguration of the current roadway and lot layout in the area of the PID north and east of the Quantum Lakes Drive intersection with Quantum Boulevard, along Quantum Quantum Park - DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 Lakes_Drive to the eastern intersection with Gateway Boulevard. This would result in two (2) new Mixed Use lots totalinc~ 5.21 acres and combining lots 62 and 63 to create one lot labeled 102 totaling 6.145 a~cres. .BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter.380.06 (19) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The NOPC is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (RPC) and the City. The DCA and the RPC are reviewing the proposed NOPC ~nd will provide comments follo~ving the procedUres outlined in Chapter 380.06 (19). The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary rev ew by th.e'Planning and Development Board of an amendment to'a DRI. Chapter 380.06 F.S. requires that the local governing bodyhold a public hearing to review and approve the NOPC. The City Commission is required to determine whether the proposed change' to the Quantum Park DRI is or is not a sUbstantial deViation as defined in ChaPter 380.06 (19)i If it is determined that the requested change is a substantial d~ will be required pursuant to the statutory requirements; If the determines that the proposed change is not a substantial deviation then they ml action to approVe or deny the requested change. The original DRI Development Order adopted a Master Plan for Quantum Park. That Master Plan has been amended over the years, the being approved on March 7, 2000. The Proposed Amendment #12 alt~rs the apl the review of the DRI amendment also co for Quantum Park. In addition to the state accordance with Land Devel( Development and Chapter 3, Master P the Technical Review Committee ~ 2001. at Master Plan. Therefore .~ changes to the Master Plan. reviewed the Master Plan in Section 7, Planned Industrial comments were generated and Changes on September 11, ANALYSIS Notice of Proposed Change (NOPC) - SUbstantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statule section staff determined that four of the criteria apply to the proposed changes ~or Quantum Park DRI. The first two criteria fall under subsection "(b)" which reads as follows: "Any proposed change to a previously approved development of regional impact or development order conditior~ which, either ind vidually or cumulatively with other changes, exceeds hny of the following criteria Shall constitute a substantial deviation, and cause the develol~ment to be subject to further development-of- regional-impact rewew without the necessity for a finding of same by the local government:". Chapter 380.06(19)(b)9., An increase in the number of dwelling units by 5 percent or 50 dwelling units, whichever is greater. Quantum Park - DRIA 01-001/MPMD 01-003 Memorandum Noo PZ 01-214 The p~:oposed change includes an addition of 500 residential dwelling units to the 500 currently permitted for a tota of 1000 dWelling units. The proposed change exceeds this threshold. However, the proposed change also decreases the permitted industrial and office square footage totals. I e criterion outlined in Chapter 380,06(19)(e)5.c. applies. Id over ride the determination above. Cl pel in the area set aside for open space of 5 criterion. This lot has never had a ( ~cres is included in the open .space tabUlation on the current master plan effective with Amendment #10. Eliminating this Space 34-C was #6 ti Master Plan #10 ~ lot as 34, contention that this lot is no Ion. for SM ~ncerns are ~ the has ~a ~g a ~der The third criter on for revieW of this NOPC relates to a change not specified in the statute. Cha ion of I or paragraph (c) shall be presumption may be rebuffed .paragraph 2.f., any change ,ecified in paragraph: (b) a substantial deviation. This ncing evidence. The changes related to do not fall into any category deviation or indicating provide furthE including eviC desi totals. ndustrial designations to Mixed Use :riteria either assuming a Substantial n. rThe burden is on the applicant to substantial deviation and subject to n provided by the applicant, tart and the traffic study present use, allowed in the Mixed Use and Office square footage The fourth criterion, which is applicable for review of this proposed change is provided in Chapter 380~06(19)(e)5., which states: "The es to an approved development of regional !mpact shall be presumed to ~tial deviation. Such presumption may b~ rebutted by clear and convincing Quantum Park - DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within a authorized multiuse development of regional impact which was originally approved with more than three uses specified in 380.0651 (3)(c), (d), (f) and (gi an~l residential use, As part of the NOP.,,C application the applicant is to complete a "Substantia Devation Det~rminati°n Chart. The' applicant has provided an updated chart. Amendment #12 involves changes to six land use categories: Industrial, Office, Office/Industrial, Mixed Use (includes Residential), Roads and Open Space: As stated above, the number of reSid.ential dwelling units ~ prOpOsed to inCrease by 500 units. The permitted Industrial use is proposed to decrease in by 375,354 square feet and office use is proposed to decrease by 72,922: feet. The Open Space category decreases by 8.05 acres. These changes are reflected 'n the 'Notes' sect'on on the: Master Plan. =The prOposed increase and decreases are presumed to maintain the vested traffic generation level of 63,752 average daily tdps (ADT). Conclusion The proposed changes delineated in Amendment #12 are determined not to be a substantial deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Table, drainage information and a traffic study, to provide clear and convincing evidence of a non-substantial deviation finding. This determination is subject to satisfying Condition of Approval #12 regarding Palm Beach County Traffic Performance Standards. Master Plan Modification The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park DRI. There are three major changes proposed. The first change relates to the development of a second Mixed Use Pod in the northwest corner of Quantum Corporate Park. This Mixed Use Pod encompasses 14 lots for a total of 23.27 acres. The lots are currently vacant. A descriptive summary of these changes is provided below. ~ Lots 7, 8, 9, 10, and 11 These lots were previously designated as Office/Industrial (OI) Land Use. The Land Use has been revised to "Mixed Use (MU)". The proposed Mixed Use Land Use Designation includes office, commercial and residential uses. Lots 23, 24, 25, 26, 27, 28, 29, 30 and 31 The Land Use of these lots was previously designated as Office (O) Land Use. The Land Use has been revised to "Mixed Use (MU)". The proposed Mixed Use Land Use Designation includes office, commercial and residential uses. In conjunction with the change described above, the applicant proposes to add 500 dwelling units to the 500 currently permitted for a total of 1000 multi-family residential units. Quantum Park - DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 The second .major change involves lot 34-C. The applicant proposes to designate this lot Industrial (IND). Lot 34-C is currently undesignated and is included in the Open Space tabulation. )ses to reconfi ur the the eastern intersection with Use uantum Lakes drive in the area nOrth and east of Drive to new Mixed ad area The Land Use ACreage Table provided on the Master Plan will be changed as shown below. Land Use Acrea.qe Land Use Desi.qnation Proposed Acrea.cle Existinc~ Acreaqe Chanqe Industrial 107.83 101.25 + 6.58 Office (O) 12.96 28.24 (15.28) Office/Industrial (OI) 79.75 87.74 (7.99) Mixed Use (MU) 85.64 62.38 + 23.26 Roads 37.58 41.13 (3.52) Open Space 82.20 90.25 (8.05) All other categories on the Land Use Acreage Table remain the same as approved in Amendment #10. The Quantum Park DRI acreage total of 553.13 remains unchanged. (Refer to Exhibit "E" Area Calculation Chart). The Quantum Park DRI has been amended 10 times over the years, which is not unusual for a DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating that "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions". This proposed changes to the Master Plan were analyzed from two perspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and compatibility of the proposed changes with the regulationS and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. Impacts Re.qional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if Quantum Park - DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 the changes_proposed create additional impacts above and beyond what was originaly identified and mitigated. In the case :of the Quantum Park DRI the major issues are whether there will be an increase in traffic resulting from the land use red stribut on/redesignation and reconfiguration of Quantum lakes Drive. Al~;o of concern are the impacts related to drainage if lot 34-C receives a development designation of Industrial (IND). A provision in Amendment #8 to the Quantum Park development order requires that" A traffic study shall be ~nge in use designations on an' rev De partment Director, app as also tran the traffic study their customary review and approval. independent traffic consultant to the city's Public Works review of the traffic study. The part of the DRI review fee. The the Palm Beach County Traffic Division for Based on the TRC review of the Master Plan, including the traffic study, no additional regional impacts are evident. The vested number of trips, 63,752 is presumed to remain unchanged due to the balancing of increases and decreases in the intensities of the proposed changes to the land use designations. The Palm Beach County Traffic Division has reviewed the traffic stateme,n,t .provided by the applicant and has not granted approval. The letter is attached as Exhibit F' . The substantial dev ation determinati0~ is contingent upon the applicant rectifying the diScre pancies cited by the CoUnty in order to assure that the vested trips a~:e not exceeded. The Department of Community Affairs and the Treasure Coast Regional Planning Counc i focus their review of the amendment On regional issues exclusively, staff has not yet received a formal written response from these agencies. It is antici pared that the city will receive comments from both agencies before the applicat on goes to the City Commission for approval. Local Thefocus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested changes is within the jurisdiction of the city. As such, the city's main focus is local issues and impacts. Besides compatibility with the Comprehensive Plan and Land Development Regulations, to be described later, three local issues were identified during the review process. The first issue relates to local traffic concerns. Jeff Livergood, Public Works Director, reviewed the Applicant's traffic report, prepared by Pinder Troutman Consulting, Inc. Mr. Livergood focused his analysis on the Quantum Lakes Drive road closure and traffic signalization. His analysis is attached as Exhibit "G" of this report. Staff is of the opinion that Quantum Lakes Drive can be safely closed at Gateway Boulevard. The reconfiguration as proposed will require that the affected area be replatted. Internal connections t~ the reconfigured lots will be addressed at the plat and site plan level. · Regarding signalization, staff has determined that traffic signals are currently or will be warranted. It will be the respons bility of the developer and occupants of Quantum Park to pay for the cost of construction when traffic signals at the intersections of Quantum Boulevard and Gateway BouleVard and Congress Avenue are warranted. Adequate utility service is the second local issue of concern regarding the proposed change to the Quantum Park DRi. The Utilities Department expressed this concern in first review TRC Quantum Park -DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 comments. T.he fact is th industrial and offi, these types ~ for the 553 existing facilities onginal DRI for the total Park was designed for commercial, ~d wastewater systems were designed to support were configured to handl eneration uses were not calculated into the d( d may tax the limits. The upgrade to the water and wastewater The third ve Plan any .~d a concurrency Consistency and Compatibility with City Policies Comprehensive Plan The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Secti°n 9, Administration a~d Enforcement, Item C. COmPrehensive Plan Amendments: Rezonings: These cdteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Lanci Use Map. Although the subject appl cation does not include an amendment to the Comprehensive Plan or Zoning Maps. Staff has applied these criteria t0..the review of: the aspects of the subject application that involve signifi~:ant Changes in land use optiOns. ao Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The Planning department shail also recommend limitati(~'ns or requirements, whi'ch wou/'d ha~e t° be impoSed on SubSequent development of the .property, in orde/ to Comply with Policies Contained in the cornprehensive plan. According to the Comprehensive Plan Future Land Use Support Document, Under the "Discussion of Supply and Demand for Commercial Land" the following is recommended: "The Future Land Use Plan which is proposed for the City and area to be annexed by the City will accommodate all of the anticipated demand for commercial land through build-o~Jt. Thereforel the City should not change the land :use to commercial Categories, beyond that which is shown on the proposed FutUre iLand Use Plan, except for minor boundary adjustments, small infill parcels, or commercial uses of a highly specialized nature, which have special location or site requirements, and therefore b~n~otl be easily accommodated on already designated commercial areas." Policy 1.19.6 o{ the Land Use Element restates this recommendation: "The City shall not allow commercial acreage which is greater than the demand which has been projected, unless it can be demonstrated that the additional commercial acreage would not require the proportion of commercial acreage on the City's Future 7 Quantum Park- DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 Land _Use Map to exceed the proportion of commercial acreage on the Palm Beach County Future Land Use Map. The Cty shall not allow commercia unless a particular prope~, is unsuitabe for other usesl or a geographic need exists which cannot be fulfilled by existing commercial y-zoned property, and the commercial use would comply With all other appl cable comprehensive plan i ' " po c~es. Policy 1.19.2 of the Land Use Element addresses the provision of lands for Industrial development and reads as follows: "The City shall provide continued effort to allow for industrial acreage which can accommodate the approximate industrial employment which has bee,n, projected in the Future Land USe El~rnent, and prohibit conversion of land designated Industrial" on the currently adopted Future Land Use Map Unless such conversion would generate a range of employment choices for current and future residents, provide goods and services of regional importance, and retain regional fiscal and economic significance." A~ the time of adoption of the 1989 City of Boynton Beach Comprehensive Plan, approximate acreage for each of the various land use designations included 269 acres for Office CommerCial, 695 acres for Local Retail Commercial and 745 acres for Industrial. Quantum's contribution to these totaled 133 acres for Office Commercial, 30 acres for Local Retail and 199 acres for Industrial. The DRI Amendment allowing the developers to combine the use categories.and permit Mixed Use (Commercial/Office/Multi-family) provides the developers with a great deal of flexibility with the ultimate, likely reduction in land available for industrial uses. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning could create an isolated district that would not relate to the adjacent lands, given the range of uses that could be developed on these parcels. However, since designations for these parcels remain nebulous, any synergism is difficult to determine. The previously approved Mixed Use Pod is located adjacent to roads that are a part of the City's Thoroughfare System and are provided with easy access from 1-95 and is within a five-minute walk Of the local Tri-Rail station. The area for which the additional mixed use designation is now being requested is isolated from all of these components of the transportation network. With respect to the change to lot 34-C, industrial use on this parcel would allow for the creation of an isolated use: incompatible with the surrounding existing uses, which may detrimentally impact, through "edge effect", the preserve. Although the parcel abuts adjacent property (unincorporated) with future industrial use potential, this parcel also contains lands that may be preserved and contribute to the greater preserve area within Quantum Park. Additional industrial lands along Miner Road would contrast with the predominately residential land use character, particularly once the lands surrounding the High Ridge Country Club are developed along with the City Park. c. Whether changed or changing conditions make the proposed rezoning desirable. 8 Quantum Park - DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 The applicant has provided no indication that there are changing conditions that make the proposed Change desirable..Furthermore, the applicant has made no progress in the development of the first mixed-use Project, which remains vac~ the "Industrial" use o revious conversions of industrially-classified ect open space to industrial lands, s that existing prior to suggesting that open space be sacrificed for land conversion. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities, The Utilities De s Analysis submitted within the limits Aqthodty has stated, also be reviewed the city ar has the request the DRI n a letter dated seen impacts to the water and sewer )er. The updated Traffic Impact generated will be the Solid Waste 8, 2001, that adequate capacity exists to ~ng period. Drainage will all requirements of :ion Department ~ stage in order for its levels of Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The 1989 Comprehensive Plan contains policies dealing with the general incompatibilities between "Industrial" and "Residential" land uses and recommends physical separation and buffering to ameliorate those effects. The proposed location for the additional multi-family units is adjacent to properties developed for industrial and office uses and is bisected by Quantum Boulevard. On the east the property is buffered from existing development by a water management tract and on the west by the E-4 Canal. The development of an additional 500 multi-family units in this portion of the DRI will likely hinder the use of adjacent lands for their originally intended purpose and therefore further Change the overall nature of the entire development. Residential uses could lead to further roadway alterations and the combination of incompatible vehicle traffic and pressures. Recent studies, both within Florida and at the national level comparing government revenues to expenses for various land uses, indicate that reSidential development creates deficits while commercial and industrial development creates surpluses. An increase in residential uses and the attendant increase in demands on services without accompanying increases in revenues from other sources, i.e. employment-based development, can create operating deficits for local government. Also see criteria "b" above regarding lot 34-C. f. Whether the property is physically and economically developable under the existing zoning. On February 29, 2000, a representative of the Quantum development stated to the City Commission that the property could be sold and developed for industrial uses. There is no Quantum Park - DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 indication that conditions have changed to the extent that the same would not be true only one year later. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. As discussed above, there is no justification provided by the applicant to convert lands earmarked for development as an employment center to residential development. If one of the goals of the CitY is to maintain a jobs/housing balance, as lands designated for employment- based development are reduced, a corresponding need for housing diminishes. Otherwise, the City becomes merely a bedroom communitY for other, more successful, employment centers in the County. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is a/ready a/lowed. With the recent approval' of apartment developments, there are now many approved but unoccupied multi-family housing units within the City. Five hundred of those are approved for development in the Quantum DRI, and future approvals should be located in the downtown area to promote redevelopment efforts. At the time of their approval, the developers of Quantum agreed to a limitation of 500 total residential units within the development. The addition of another 500 units seems highly unnecessary without some understanding of the rate at which the market will absorb the approved units and only following the successful progress toward developing the first mixed use pod. Land Development Re.qulations The Quantum Park DRI is zoned Planned Industrial Development (PID). Coincident with the approval of Quantum Amendment #10, the PID district regulations were amended per Ordinance No. 000-03 to allow: "mixed use residential/commercial uses in PID's totaling a minimum of 500 acres." Subsequent to the adoption of Quantum Amendment #10 the land Development regulations were amended to allow mixed use pods of commercial, retail, multi- family residential and office/professional use in a PID. This Ordinance No. 000-52 also provided for design guidelines, submission requirements, review and waiver provisions related to a Mixed Use Pod I~aster Plan. As Provided in the ordinance, the definitio~ of a Mixed Use Pod is as follows: "Ch.2, Sec. 7. P1.A. - For the purpose of this subsection, a Mixed Use Pod is defined as a development project located entirely within a previously approved PID which, when complete, will have all the following uses: 1. multi-family residential 2. commercial/retail 3. office and professional The residential component of the Mixed Use Pod may include fee simple and rental dwelling units. A Mixed Use Pod is the aggregate of all land within the PID consolidated and designated for mixed uses". The NOPC for amendment #12 as proposed will create a second Mixed Use Pod as defined above. If approved, the second Mixed Use Pod would be regulated consistent with the requirements as adopted in Ordinance No. 000-52 described above. Quantum Park - DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 The other changes proposed in this application are consistent with current Land Development RegulatiOns. Conclusion As indicated herein, the impacts of the proposed deve opment on the utility systems, roadways and public facilities are either witl les or additional will be standards ~, the physical location of the p ~ of the :isting ~ no n specifically .justify its conflict with the Comprehensive location and change prop, Q ill s.ufficient data. Plan or its disadva ion of lot impact The RECOMMENDATIONS Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has demonstrated by clear and convinc ng evidence that the :proposed Change is not a sUbstantial deviation requiring additional developrTnent of regional impact review. Regarding the proposed modifications to the Quantum Park Master Plan staff recommendations are provided below. 1. Addition of 23.27 Acres of Mixed Use (Lots 7-11 and 23-31) Staff does not support the request to change the current Office/Industrial (Oi) and Office (O) land use designations on lots 7-11 and 23-31 :respectively, to Mixed Use to facilitate further residential development in the Quantum PID. The staff position is based on the following considerationS: First, the Quantum PID was established in order to diversify the city's tax base and provide a master planned community suitable for attracting and retaining technology, office, industrial and distribution uses. Staff is concerned about whether it is in the city's interest to forfeit the long range economic and land use policies that led to the creation of the Quantum PID. Second, those who developed the existing off, industrial and distribution facilities in the Quantum PID did so with the expectation that they were investing in a city sanctioned planned industrial park. Staff is concerned that changing the land use designation on lots 7-11 and 23 - 31 to Mixed Use which would permit additional residential development, without consulting these property owners, could further erode the city's credibility and adversely affect its ability to attract and retain other industrial and distribution uses. These concerns notwithstanding, staff recognizes that there may be other, overriding, considerations related to current economic and market conditions. Accordingly, should the Commission decide to grant the land use designations on lots 7-11 and 23-31 to Mixed Use, which includes residential development, staff would recommend that apartments or congregate care/living facilities be prohibited and that any residential development be restricted to fee Quantum Park - DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 simple with ar~ appropriate price point. Also, the additional 500 dwelling units requested by the applicant are contingent upon Commission approval of Mixed Use for lots 7-11 and 23-31. 2. Lot 34C Staff acknowledges that lot 34-C is no longer part of the required drainage system for the DRI; however, staff does not support the replacement of this open space with development. This Position is based on the following: a) the subject property was never planned for development but for open space; b) the site may have originally been included with the propOsed 40 acre tract intended to meet preservation requirements; c) the parcel is separated from the other developable parcels and the Master Plan roadway network; d) development of the parcel will negatively impact through "edge effect" the adjacent preserve area; e') the subject parcel is surrounded by existing preserve and an unincorporated parcel to the east which has the potential of generating future preserve dedication or acquisition which would increase the consolidated preserve in this area. AlthoUgh staff has opposed previous amendments that reduced land available for industrial uses, there cur, rently exists vacant land that is developable for industrial uses. Staff does not support the increase in industrial land at the expense of open space. 3. Quantum Lakes Drive Reconfiguration Staff recommends approval of the reconfiguration of Quantum Lakes Drive as proposed on the Master Plan Drawing for Amendment #12. This includes the creation of two (2) new Mixed Use designated lots labeled 100 and 101 totaling 5.21 acres and the combining of lots 62 and 63 into one new I,,o,t, labeled 102. The reconfiguration is subject to all applicable Conditions of Approval in Exhibit I including replatting of the affected parcels. S:~PLANNING~SHARED~WP~PROJECTS~QUANTUM PARK 2001 AMEN ¢t12~ORIA 01-OOI'~STAFF REPORT #12.DOC ~EOCAT-ION MaP .:~'OANTUM PARK EXHIBIT "A" NOT IN ITl;' K OF COMM ,NTUM PARIC] PU '0 ii' EXHIBIT "B" ,;, PROPOSED MASTER PLAN EXHIBIT "D" SOUTH FI_DRIDA WATER I~/[ANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-8800 · FL WATS 1-800-432-2045 · TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 334164680 · www.$fwmd.gov LAN 01 September 6, 2001 Mr. Jim Snyder, DRI Coordinator Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, FL 33416 Dear 'Subject: Quantum Park, DRI No, 84-173 Notice of Proposed Change In response to your request, South Florida Water Management (SFWMD) staff has reviewed the August 8, 2001 Notification of A Proposed Change (NOPC) to a Previously Approved Development of Regional Impact (DRI) submitted by Eugene Gerlica, P.E., for the above-referenced project. The primary purpose of the NOPC is to amend the Master Development Plan to_reflect changes in land use affecting various lots throughout the development and reconfiguration Quantum Lakes Drive to create two additional developable lots. After review of the documentation submitted, SFWMD staff did not identify any potential adverse regional water resource-related impacts that could result from approval of the proposed changes. Consequently, the SFWMD has no objections to approval of the proposed changes. However, a modification to the project's Conceptual Approval (Permit No. 50-01503-S) may be required to address the proposed land use changes as they may impact the previously permitted acreage and land use assumptions. If i can be of further assistance, please do not hesitate to contact me at (561) 682-6862. Sincerely, James J. Golden, AiCP Senior Planner Environmental Resource Regulation 4Jg C: Roger Wiiburn, DCA Eugene Gerlica. P.E., Quantum Group GOVERNING ]JOARD EXECIa"t7 VE OFF[CE Trudi K. Williams, Chair Michael Colli~s Lennart E. Lindahl, Vice-Chair Hugh M. English Patrick I- Gleason, Ph.D., P.G. Henry Dean, Executive Director Nicolas J. Guti~rrez, Jr., Esq. EXHIBIT "E" on~ ~.< 4785778 TRAFFIC PAGE 82 EXHIBIT "F" October 5. 2001 Mr. Michael W. Rupf Depmtment of Planning & Zoning City-o¢ Boynton Beach P.O. Box 310 Boynton Beach, FL 34425-0310 RE: Quantum Park. Amendment #t2 TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Michael: The Palm Beach County Traffic Division has reviewed the traffic statement (received on August 17. 2001) for ti~e project entitled; .Qu. a, ntum Pa~k-_ Amendment #12, pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach County Land Development Code. Based on our review, the Traffic Division has determined that the approval can not be granted due to the following: The traffic generated I~ythe high school (about 2.283 daily trips] should be counted as vested trips within the overall Quantum development traffic generation. Daily and peak hour trips related to "ADA Approvals" as presented in Attachments lA, lB, and lC, must reflect the values in the latest NOPC approval. If you llave any questions regarding this determination, please contact me at 684-4030. Sincerely, OFFICE OF THE COUN]P¢ ENGINEER cc: Pinder-Troutrnan Coc~ulflng In~. MTP ~n~p In~. FIM: Goaeml · TPS. Mun. Traffic 8tu~'f Review F:~.TRA FF: C~na~clmin~Commlnts',Q 10812F.p&z.v,lxf EXHIBIT "G" CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: Mike Rumpf, DireCtor of Planning and Zoning Jeffrey R. Livergood, Director of Public Works August 29, 2001-Revised October 4, 2001 Quantum NOPC #12 I have reviewed the proposed changes considered in NOPC #t2 for Quantum Park. Quantum has requested that consideration be given by the City to the closure of the eastern portion of Quantum Lakes Drive at Gateway Boulevard. There are essentially three traffic issues that merit evaluation and scrutiny. Quantum Lakes Drive Closure Staff is of the opinion that Quantum Lakes Drive can safely be closed at Gateway Boulevard. Frankly, it is staffs opinion that there is value in closing Quantum Lakes Driveway since this would effectively eliminate a conflict point on a busy arterial route (Gateway Boulevard). However, in closing Quantum Lakes Drive, we must be cognizant of the revised access configurations from Lots 100 and 102. Staff recommends that these two lots only be allowed to access Gateway Boulevard in a "right in - right out" manner. Staff would oppose any single lot having full access onto Gateway since the driveways in question are located on the inside of the curve on Gateway and sight distance is limited. Traffic Signalization, Quantum Drive and Gateway Boulevard Staff's review of the traffic impact at the intersection of Quantum Drive and Gateway Boulevard is more complex. As part of the NOPC gl 1 submittal, the traffic consultant, Pindar Troutman, opined that a traffic signal is warranted at this intersection based on peak hour warrants, or Warrant 11 from the Manual on Uniform Traffic Control Devices. With respect to NOPC #12, the consultant has changed the intersection lane-marking configuration by eliminating one of two through lanes, both northbound and southbound, and substituting dedicated right turn lanes. This action was logical because the assumption was made that there would be very minimal north or southbound through movements at the intersection. Ultimately, the critical volume sum that was utilized for level of service analysis could be reduced. Thus the intersection theoretically will have a higher traffic capacity. However, whereas the critical lane analysis provides information related to overall intersection capacity, it does not lend itself to warrant analysis for signalization. This analysis is based on completely different criteria established in the Manual in Uniform Traffic Control Devices; the same Manual utilized by the consultant in NOPC #11 submittal. The consultant has shown no changes in the traffic distribution. Thus, the warrant analysis conducted by Pindar Troutman and summarized in a report dated February 16, 2001 is still valid. In f~tct, as lots 7 through 11 and lots 23 through 31 develop as Mixed Use, they will most certainly generate additional traffic that EXHIBIT "G" will use the intersection of Quantum Boulevard and Gateway Boulevard. As such, the need for a traffic signal at this intersection will be even more pronounced. Traffic Signalization, Quantum Drive and Congress Avenue The traffic consultant did not evaluate traffic conditions at this intersection as part of the submittal packet for NOPC #12. However, evaluation of traffic conditions at this intersection is equally as critical. Again, as part of the NOPC #11 submittal, Pin_dar Troutman evaluated traffic signal warrant criteria at the intersection of Quantum Drive and Gateway Boulevard. In this analysis, Pindar Troutman found that a traffic signal was not presently warranted at this intersection based on the peak hour warrant and noted that "there are other Warrants, No. 2 - Interruption of Continuous Traffic and No. 10 - Peak Hour Delay that may be satisfied. The recommendation is that this intersection be monitored in the future. Appropriate time frames for monitoring would be at the buildout of Lots 32 through 38 and at the b~ildout of the NOPC 11 residential or non-residential land uses, whichever occurs fn'st." Staff would note that a large portion oflots 32 through 38 is now complete in the form of the Premier building. Furthermore, as part of Pindar Troutman's traffic anal,.,sis in February of 2001, the consultant assumed a build out of Lots 23 to 31 as office space (£ ~ and Lots 7 to 11 as Office/Industrial (O/I). However, the proposal is to now change flaese 1 ad uses to Mixed Use (MU). The developer continues to be bound by a maximum numb. subtle changes in land use can significantly impact pe daily trip generation rate. The consultant has not exp~ characteristics as related to traffic signal warrant anal: It is very likely that a signal will be warranted as well Avenue upon build out of the proposed mixed use lan~ .~r of daily trips from the entire DRI, yet k hour traffic flows without impacting the ~ssed an opinion on the changed traffic ~is based on the changes to mixed use. it Quantum BouleVard and Gateway uses. Recommendation It is very clear that traffic signals are either currently warranted, or will be warranted in the future, at both Gateway Boulevard and Congress Avenue. These signals will be necessary entirely because of development in Quantum Park. ThUs, staff believes that the cost of constructing these signals should be borne by future btlilders as well as by those tenants of the industrial park that are presently generating traffic. It would not be appropriate to have the City of Boynton Beach pay for the traffic signals when other capital improvements are either more important or have been delayed in prior years awaiting funding. If the City does not obtain surety for the installation of virtually impossible to assess the requirement for traffi~ that may purchase the mixed use lots fi'om Quantum an burden of traffic signal construction should fall upon th individuals that choose to acquire and develop lots in ti the cost equally to future buyers whereas the City coul¢ control over the property owners association and has th existing properties for their share in the cost of traffic s: traffic signal at this time, it will be - signal construction to each individual :l then subsequently develop them. The e developer of the whole rather than the e future. Quantum could easily distribute not. Likewise, Quantum has significant ,~ ability to initiate a special assessment of gnal construction. Staff recommends that the developer and the existing occupants of Quantum Park be held responsible for the cost of construction of traffic actuated signals at the intersections of Quantum Boulevard with Gateway and Congress. THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA CHiEI~ OPERATING OFFICER 334.0 FOREST HiLL BOULEVARD, C-316 WEST PALM BEACH, FL 33406-5869 (561) 484mS~0 FAX (581) 357-7585 ARTHUR C. jOHNSON, Ph,D. PAGE 82/82 EXHIBIT "H" WILLIAM F. I~ALONE CHIEF O?F..RAllNQ OCF~cJ:~ October 1, 2001 Mr. Michael W. Rumpf, Plam~ing Director Planning Department City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 RE: Quantum Park DRIA 01-001/lVlPiVID 01-003 Notice of proposed change Amendment 12 Dear Mr. Rumpf:: The School District staff has reviewed your request through the Quantum Park "mixed use" Master Plan Amendment to the City of Boynton Beach Comprehensive Plan. It b anticipated that there will be sufficient capacity for the students generated by the proiect- The projected addition of multi-family residential units will add an estimated 25 elementary, 80 middle and 80 high school students. This project is located in Concurrency Service Area CSA 17. This project will be exempt from school concurrency determination ~f a complete application is received by the City at the time concurreacy takes effect. If flmre are any questions, please call me at (561) 434-8028. Mills, A CP ~en~or Planner, Concurrency CC: Angels Usher, AICP, Manager, Intergovernmental Relations, Planning Department, PBSCD Terry Hess, Treasure Coast Regional Planning Council H:\DATA\WP5 i~DOC~CONCRNCY'tREGP,.Es~LUA.\ LETrERS\BOYNTN~OB3'61$ H:\DATA\CONC KNClkP. EVD RCkREGR~I~~u~~NOQUANT'DOC DEPARTMENT Of DEVELOPMENT MEMORANDUM NO. PZ 01-220 TO: FROM: DATE: SUBJECT: Mayor Jerry Broening and City Commissio,~ Lusia Galav, AICI~ Principal Plann~ October 11, 2001 Quantum Park- DRIA 01-001/MPMD 01-003 Master Plan Amendment #12 - Quantum Park and Village Addendum ADDENDUM' This report is the addendum to the Department of Development Memorandum No. PZ 01-214 to the Planning and Development Board dated October 4, 2001. Updated information is provided regarding the above referenced project. Final Recommendations Regarding the modifications to the Quantum Park Master Plan, staff has revised the recommendation regarding Lot 34-C based on a compromise reached with the applicant. Staff does not object to revising the NOPC to allow the 6.58 acres in lot 34-C to be placed in a separate category labeled "reserved" until this site is evaluated to determine its appropriate use. This recommendation is contingent upon satisfying revised condition #4 in the Conditions of Approval, Exhibit "1" attached. Conditions of Approval - Exhibit "1" In addition, the Conditions of Approval, Exhibit "1" has been revised to reflect additional information received subsequent to the release of the staff report. At this time the Department of Community Affairs has yet to provide any formal comments. Attachments: 1. Letter from the Treasure Coast Regional Planning Council dated October 8, 2b01. 2. Letter from Palm Beach County Traffic Division dated October 10, 2001. 3. Letter from Florida Department of Transportation dated September 4, 2001 .0CT-~8-2001 I 1: 38 P. 0~ October 8, 2001 Mr. Michael W. Rumpf Planning and Zoning Director City of Boynton Beach 100 E. Boynton Beach Boulevard Boyntoa Beach, Florida 33435 Subjec:: Quantum Park Development of Regional Imp~t Not~.cafion o f l~opo~I Chamge Dear Mr. Rumpfi In accordance wi~ thc requirements of Section 380.06(I9), Florida Statutes (F.S.), we have reviewed t~ "Noth%ation of a Proposed Change to a Previously Approved DevelOpment 6f l~gional Impam (DR/)" (NOPC) lrbr thc Quantum Park DRI dated Augus~ 8, 200I.: The NOPC proposes the following revisiotss to the mamer plan: I) Lots 7, 8, 9, 10, md 11 land u.~ designation ia to be c~-,anged from office/indu~xrial to mixed use, wh/ch allows office, commercial, and residential uses; : 2) Lots 23, 24, 25, 26, 27, 28, 29, 30, and 31 land use designation is to be changed from office to mixed use, which allows office, commercial, and residential uses; 3) Lot 3412 which is currently 'undesignaxed and par~ of thc open space area iz changed to industri~; md 4) Quantum Lakes Drive is proposed lbr elimination from the inter~ecfion v~th .Quantum Boulevard to the eastern intersection with Gateway Boulevard. The appl/caru proposes to decre, aze office and indusuqml square footage to allow additional commercial square footage and dwelling un/ts. The proposed changes are presumed'to create a substant/aI deviat/on pursuant to Section 380.06(19)(e)$. amd 380.06(19)(e)5.c, Florida StatuTes. Council has reviewed the information and dcterm/ned that the proposed changes will not create any additional regional impacts. Cou.ncfl recognizes and appreciates the ap. pi;,cant's efforts to create a good mix of land uses and provide for a more susta/smble form OCr-E)8-2001 11:~8 Mr. Mi~'mel W. Rump.~ October 8, 2001 Page 2 of developmeut ('or a porch of thc project. However. Co.cfi ~ co.creed; ~th ~e desi~tion of Lot ~4C ~o ~d~tHaL ~ lot ~ ~ac~t ~o t~ s~d p~e ~b ~e~e, city p~k ~d ~ter r~tendon ~ea ~e p~cel w~ ori~y pro~d for develop~nt b~ dumg - - ~ ~en~em to the proj~t to address r~ements ~ the development ord~ ~ ~ea w~ desig~ted for prevention ~d ~ter p~ of the water ret~ntiou ~eal ~er t~e ~e ove~ o~n ~e ~ea of ~ pro, ct h~ d~re~ed md de~igmt~ Lot 3~ wo~d ~ ~ ad~tiom[ reduc~on. ~ed on ~e [~afion o~ &e p~cel ~d ~e ~her redu~n ~ open space for ~e project, Smffdoes not rec~end t~t t~ pro~d c~e to ~d~ for Lot 34C proceed ~t~: l) the City eye. les ~e ~ed fo~ o~n sp~e on the p~ject ~d dete~es ~ t~ ~uction ~ o~n sp~e c~ted by t~ c~e ~ com~eut~ C~ ~eg~tio~; 2) ~ ~ demon~ted ~t deve[opm~t of ~ p~cel ~ ao~ ~te~ere ~ m~ge~nt of ~ ~jacent pr~e ~e~ ~d 3)'il ~ de~n~mte~ ~t developm~t of~ site ~I not ~ve a negative ~t on ~e ~bashed drawee ~stem Please call if you have any questions. Sincerely, DRI Coordinator cc: Ken Metcalf, FDCA Eugene Gerlica~ AppEcant TOTAL 1~10/2001 15:04 5614341663 PINDER TROUTHAN ~ ~0/~8/2~01 15:43 4785778 E~INE=_RiN~ TF%aFWIC PAGE PAgE 02 O2 P~be~ ~ismlfl October 10, 2001 Mr. Michael W. Rumpf Dirtier of Plannin~ & Zoning Department of Development City of Boynt0n ~each P.O. B0x 310 Boynton Beach, FL $4425-0310 ' RE: Qutnt~m Park -Amandment #12 TRAFFIC PERFORMANCE STANDARD~ REVIEW Dear Mr, Rumpf: The Palm Beach County Traffic Division has reviewed t~e ~-affio statement (received on August 17,2001} forthe project entitled; Quantqm park. Arnendrlt~nt #!2. pursuant to the Traffic Perfon-nince Standards in Article 15 of the P~lm Beach County L~nd Development Code.. The new proposed development plan for NOPC #12 Is ~s follows: , industrial 1,700,000 SF , Retail 427,9a2 SF · Office 637,900 81= , Warehouse 22,700 ~F · Hotel 200 Rooms · High School 2500 Students · Auto Dealership 53,072 SF · Movie Theater 4,000 Seats · Restaurant - HT 26,400 SF · Restaurant - Quality 69,250: SF . ~ Convenience Stoa/Gas 3,054 SF Ice Skating Rink 83,430 SF · Multi Family Residential 1,000 Dwsllings · Park & Ride Factlity N/A Based on our review, the Traffic Divisi=n has determined that the overall traffic generation assooiated v~th the newly proposed development plan listed above (NOPC #12), dees n~t excec~ the total trtps vested forths Quantum Park development, in the previously approved NOPC ~10 (April 18, 2000). Therefore, tho proposed p[an is approved. It is however, suggested to the city of Boynton Beach: · Require from the traffio consu Itant a table comparing the project vested trips (bssacl on the most recent approval), versus trip generation of all Land uses wl~[ch have received development orders, to date. This practice needs to continue with any future submissions, · The Intersection of Quantum Boulevard/Gateway Boulevard is forecasted to operate within 'unacceptable' conditions, under Year 2006 scenarios, and up~ full c~mpletion ami occupation of the project. This location needs to be monitored fat future improvements, which needs to be Implemented by tho developer. 10~/10/2001 15:04 1. 0/].0/200]. 15:43 56143416G3 PINDER TROUTHAN PAGE 4785778 ENGINEERING T~FFIC PAGE 03 If you l~ave any questions regarding this determination, please contact me at 684°4030. Sincerely, OFFICE OF THE COUNT~ ENGINEER Masoud Attlq, Sr. Engineer - Tr~vision Pinci~-T~n C4n~lltr~ I~. RI¢: G4fle'~l - TPS - Mi,in o'rratfl= Study R~vic. w SEP-11-2001 09:26 J'EBBUSH GOVERNOR Florida Department of TranSportation OFFICE OF PLANNING AND ENVIltOl~MENT~ MANACEMENT- DISTRICt 3400 west Tdcphon~: (954)777-4~01; Fa~: (~54)777=4f71 P.~02 i THO~!AS E BARRY, SECRETARY Mr. D. Ray Eubanks Planing Manager Depa~xent of Community Afl. rs 2555 Shumard Oak Boulevard 'Tallahassee, FL 32399-2100 Dear Mr. Eubanks: September 4, 200l pL.e'.!7~iNG~.:,lO"V t ZC :,~!~:S ~.-E?-T .J SUBJECT: Quantum Park Development of Regional Impact (DRF) City of Boynton Beach, Palm Beach County Notification of Proposed Change (NOPC) As requested in the letter from Mr. James Snyder of the Treasure Coast Regional Planni~ag Council dated August 8, 2001, the Department has reviewed the Quantum Park Development qf Regional Impact (DKI) Notification of Proposed Change (NOPC). The Quantum Park DKI was originally approved on December I8, 1984 as a imixed-use development. Through amendments the development order now approves~the following land uses: commercial, industrial, government/institutional, office, recreation and hotel. ~ In this NOPC (#12), the applicant proposes revisions to the DRI Master Plan to create a:mixed-use development that includes office, commercial, and residential uses. The applicant has pioposed the following changes: to the Master Plan: ~ · .Modifying Lots 7, 8, 9, 10, and 11 from Office/Industrial to Mixed Use, which includes office, commercial, and residential uses. This change decreases the Industrial Lar~d, Use from 2,275,354 square feet to 1,900,000 square feet. ~ Modifying LOts 23, 24, 25, 26, 27, 28, 29, 30 and 31 from Office/Industrial to Mixed Use, which includes office, commercial, and residential uses. This change decrease~ the Office Land Use from 798,772 square feet to 725,850 square feet. The combination of these cha!3ges results in an increase in Residential Land Us~ from 500 dwelling units to 1,000 dwelling units. ,~. , ..... . www,dot.stat;e.fl.us ~ s~crct£o ~,.,,~en --- ~'. SEP-~'1-2001 89: 26, · ...:= P.O~ M_r. D. Raj Eubank$ September 4, 200 l Page 2 The reconfiguration of Quantum Lakes Drive by closing the se~nent from Ouantu,-~ Boulevard to Gateway. Boulevard resulting in additional developable 1b and to be ~u~di--~ide'~ into Lots 100 and 101. Thenow iots are to be designated Mixed Use, which inelt~des o~ce, commercial, and residential uses. ' The Department offers the following comments: · The change in residential development from 500 to 1,000 homes that was incldded in the substantial deviation determination chart was not described in the request for th,~ NOPC. , The reconfigurafion of Quantum Lakes Drive results in redistn'buted traffic volu~rnes to the intersection of Quantum Boulevard and Gateway Boulevard. The intersection ~alysis that was provided with the NOPC indicates that the increased volumes w~t cause the i~t~ectiou to fail unless the northbound and southbound approaches are re striv fi:omasin~leleff lane. Aaer the re-striping, the intersection opiates below ~ ~ti~l voIume i~ 'The applicant should specify the party responsible for the r .estriping irnprovement ito current acceptable standards and incorporate the improvement as Condition in the!Amended Development Order prior to the closure of Quantum Lakes Drive.. · · Please indicate how Parcel MU61 will be accessed with the reeonfigurationJelosure of Quantum Lakes Drive. In summary, the Quantum Park DI~I NOPC provided to the Department is sufficient p inclusion of the above comments into the NOPC and Amended Development Order. Ple~ to contact this office a~ (954) 777-4601 should you have any questions. GS:mm/al ~nding the se feel flee Eng[ueer cc: Jim Snyder, TCRPC Bob Romig Gerry O'Reilly .l'ohn Krane EXHIBIT "I" Revised Conditions of Approval 10/10/01 Project name: Quantum Park NOPC Amendment #12 File number: MPMD 01-003/DRIA 01-001 Reference: 2na review plans identified as Master Plan with a September 11, 2001 Planning and Zoning DEPARTMENTS: ~ INCLUDE. REJECT LIC woRKs General PUB - Comments: NONE X PUBLIC WORKS-Traffic Comments: I 1. When warranted the developer and the existing occupants of Quantum Park X 'will be reSponSible for the cost of construction of traffic-actuated signals at the interSections of Quantum Boulevard with Gateway Boulevard and Congress Avenue. See attached memo from Jeff Livergood, Public Works Director, dated August 29, 2001/Revised OctOber 4, 2001 located in EXhibit ,G,,. UTILITIES Comments: 2. As previously stated, the proposed revision to the land use to "Mixed Use X (MU)" to include Office, Commercial and Residential uses could tax the utility support facilities to their limits. A proviso needs to be incorporated into each group of lot approvals process, that the design-engineering, consultant shall demonstrate that sufficient utility system(s)capacity is available to support the proposed use, or they will provide the necessary upgrade(s) to allow for the proposed use. Failure to do so could result in insufficient utility support to this park, affecting other current (existing) users. FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION iComments: NONE X 2 10/11/2001 DEPARTMENTS INCLUDE REJECT BUILDING DMSION Comments: NONE X PARKS AND RECREATION Comments: 3. The City Commission did exempt from the Recreation Dedication X Requirement of 272 units of the first 500 units required in NOPC # 10. Applicability or amount of Recreation Fees or Dedications will be considered at subsequent site plan stage. FORESTER/ENVIRONMENTALIST Comments: 4. The proposed Master Site Development Plan shall be modified to remove X the Industrial use designation for Lot 34-C. The land area of Lot 34--C, 6.58 acres, shall be deducted from the Industrial designation and included as a separate line item titled "Reserved" in the area tabulation shown on the master plan. Development shall not occur until: a) the City and applicant evaluates the need for open space "in the PIX) master plan" and determines that the reduction in open space created by this change is consistent with the City regulations; b) it is demonstrated that the development of this parcel will not interfere with management of the adjacent preserve area. These two(2) conditions are reiterated above and contained within a letter dated October 8, 2001 from the Treasure Coast Regional Planning Council (TRRPC). It is acknowledged that Lot 34-C is not encumbered by any easement, reservation, dedication or permit requirement by the City, any regulatory agency or special district including the Quantum Community Development District regarding the use of Lot 34-C for drainage purposes, except the drainage requirements associated with the development of Lot 34--C. PLANNING AND ZONING Comments: 5. At the time of site plan approval applicant will work with the City to X maximize emergency access for lots 59 through 61 and new lots 100 through 102. 6. Applicant has submitted a revised area calculation summary. Please revise X the Master Plan drawing to reflect the correct acreage calculations proposed for the Mixed Use and Road Right-of Way categories. /2001 DEPARTMENTS ' INCL E REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS X Comments: NONE ~ ADDITIONAL CITY COMMISSION CONDITIONS ' Comments: S:kPlanning\SHARED\WP~PROJECTS\Quantum Park 2001 Amen #12kMPMD 01-003\cond. of approval 2001 form.doc