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Agenda 03-21-00CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA March 21, 2000 6:30 P.M. L OPENINGS: Call to Order - Mayor 3err,/Broening Invocation - Rabbi Max R66~ - Temple Beth Kodesh Pledge of A egiance to the Flag led by Mayor Pro Tern Sherman IF YOU WISH TO ADDRF~$ THE COMMI~SIOH. · FILL OUT THE APPROPR.T. ATE REQUEST FORM · GIVE Ti' BEFORE THE "OPENINGS" · THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES, E. Agenda Approvah 1. Additions, Deletions, Corrections 2. Adoption ADMINISTRATIVE: A. Appointments to be made: ALL ADVZ$oRy BOARD APPOZNTMENT$ W~LL APPEAR ON THE APRIL 4T" AGENDA. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. Breakfast in Boynton and Green Market - Saturday, April 8, 2000 from 8:00 a.m. to 11:30 a.m. on the Library Lawn Presentations: 1. Proclamations: a. "Great American Cleanup Day"-April 1, 2000 IlL Agenda Regular City Commission March 21, 2000 Presentation of the Award Of Merit for Worker Safety' and the Community Service Award to Chuck Magaz ne, Risk Manager by Mayor Broening of awards received from Safety Council of Palm Beach County, thc. Update by Boynton Beach Youth Council and presentation of $100 to Nobel Prize Winner Betty Will ams for her active support of the children and youth of BoyntOn B~ach 1V. CONSENT AGENDA: ,,N, atters in this section of the Agenda are proposed and recommende - Consent A enda" a . . . d by the CrV Manager for g pprova of the act on nd cared [ ' · · n each ~tem, w~th al of the accom an ' matenal to become a part of the Pubhc Record and subject to staff comments, p y~ng A. Minutes: Spedal City Commission Meeting of February 29, 2000 Agenda Preview Conference of March 2, 2000 Regular Qb/Commission Meeting of March 7, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Renew the bid for YEAR CONTRACT FOR THE PURCHASE OF "TWO UNIFORMS" tc Harrson Uniform Company of Boynton Beach, Florida and Martin's Uniform of Tampa, F odda, with an estimated annual expenditure of $150,000 CBID #050-1412-00/C]D) Award "ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING" - BID #032-1412-00/C3D to various vendors as recommended by staff with an annual expenditure of $80,000. The Tabulation Committee recommends awarding the bid on a multi- award basis by overall Iow bidder with primary, secondary and third vendors as follows: Primary Vendor Bonefish Charlie's Pompan'~ Beach, FI0ri Secondary Vendor Logo Gear Lake Worthf Florida Third Island BreW Promotions W~tnn, Florida Award the "PURCHASE OF THREE (3) NEW DIESEL POWERED, DUAL WORK STATION, 20 FT. KNUCKLE BOOM REFUSE COLLECT[ON VEHICLES", BID #037-2516-00/KR - to Atlantic Truck Sales in the amount of $233,847 Agenda Regular City Commission March 21, 2000 Approve the purchase of a SANDPRO 5020 BUNKER RAKE WITH ACCESSORIES in the amount of $11,839.22 from Hector Turf Inc. utilizing the General Services Administration (GSA) Contract #GS-07F-9956H Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by staff and allow selling of same Award the "ANNUAL BID FOR DUMPSTER REPAIR (2"D Re-Bid), BID #024-2510-00/5P, to Container Maintenance Corporation, with an estimated annual expenditure of .$40,000 Approve the Motorola Service Agreement for the Maintenance Radio System for-a twelve [i~~ ~ .... . _ of the {PRO~-_~-~'-- '- "'''~ ,,,v.r.n perloo an amount up to $73.176 0 '~'o$~o R~OL~IT'ZONNO. R~O-30) Approve the purchase of a 2000 Ford Taurus (Commodity #070-200-310) in the amount of $14,524 from Don Reid Ford utilizing State of Florida, State Contract #070-001-99-1 ResoluUons; Proposed Resolution No. R00-31 Re: Approving the release of surety for the project known as Lalane Dental Office in the amount of $6,600 Proposed Resolution No. R00-32 Re: Approving the application for Palm Beach County Emergency Medical Service Grant Funds Proposed Resolution No. R00-33 Re: Approving a facility rental agreement between the City of Boynton Beach and Palm Beach Community Duncan Theatre for the children's dance recital Proposed Resolution No. R00-34 Re: Service Contract between the City of Boynton Beach and Physic-Control Corporation for monitor/defibrillators Proposed Resolution No. R00-35 Re: Ratification of contract bargaining agreement between the City of Boynton Beach and the National Conference of Firemen & Oilers SEIU, AFL-CIO, CLC, Local 1227 (White-collar bargain ng unit) cover October 1, 1999 through September 30, 2000 Proposed ResoluUon No. R00--36 Re: Ratification of contract bargaining agreement between the City of Boynton Beach and the National Conference of ~ire~nen & Oilers SEIU, AFL-CIO, CLC, Local 1227 (blue-collar bargaining unit) cover October 1, 1999 through September 30, 2000 Agenda Regular City Commission f4arch 21, 2000 Proposed Resolution No. R00-37 Re: Approving an Interlocal Agreement between South Palm Beach County Communication Cooperative and Palm Beach County regarding the Use of County Smart Zone Radio Controller Proposed Resolution No. R00-38 Re: Authorizing and directing the Mayor and City Clerk to execute a contract between the City of Boynton Beach and Motorola, Inc. for the purpose of purchasing a fully operational 800, MHzTrunked Radio System 9. Proposed Resolution No. R00-39 Re: Approving an amendment to the employment contract with William Bingham, Fire Chief 10. Proposed Resolution No. R00~40 Re: Amending Section 18-55 of the Code of Ordinances to clarify the composition of the Board of Trustees of the Employees' Pefision Plan of the City of Boynton Beach Ratification of Planning & Development Board Action: 1. Hampton Inn-Quantum Park (1475 West Gateway Boulevard) - Request for major site plan modification to expand the existing hotel by 54 rooms to a total of 161 rooms or a total of 103,993 square feet and related improvements Poly Plastic Packaging, Inc. (510 East Industrial Avenue) - Request for major site plan modification to expand the existing industrial facility by 11,503 square feet to a total of 26,711 square feet and related site improvements Approve Task Order #30 with CH2M Hill, Utility General Engineering Consultant, for design services of fluoridation feed systems for both of the Water Treatment Plants Approve permit for open burning of piles of vegetation at Quantum Park within the scope of Fire Rescue requirements Approve Change Order #7 in the credit amount of $17,015,31 for the "Renovation and New Construction for Utilities Operation~Fechnical Services Building" Approve piggybacking off Contract for Services between the City of Riviera Beach and Gallagher Bassett Services, Inc., effective 10/01/99, to perform adjustment services for liability and property claims, in the amount of $23,434 through 10/01/2000 Agenda Regular City Commission March 2Z, 2000 V. cTrY HANAGER~S REPORT: VZ. PUBLZC AUDIENCE: VII. INDZVt'DUAL SPEAKERS Wt'LL BE LIHZTED TO 3-HZNUTE PRESENTATZONS PUBLIC HEARZNG: 7:o0 P.H. OR AS SOON THEREAFTER AS THE AGENDA PER/qTTS A, Public Hearing for a Development Order Amendment and Zoning Code Text Change for Quantum Park at Boynton Beach VZIZ, BIDS: Xm None DEVELOPMENT PLANS: None NEW BUSINESS: A. Discuss Community Redevelopment Agency membership and direct staff to develop membership criteria XI. LEGAL: Bo Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O00-04 Re: Amending Sections 8.A.5,a(5) and 8-~.4,e of the M-1 zoning district to allow as conditional uses the cutting of sub-primal portions of meat (Berry Veal) Proposed Ordinance No, 000-05 Re: Abandonment of three (3) segments of street rights-of-way for Wal-Mart Proposed Ordinance No. 000-06 Re: Abandonment of two (2) segments of special purpose easement rights-of-way for Wal-Mart Proposed Ordinance No. 000-07 Re: Abandonment of street rights-of-way for BAPS Temple Ordinances - i~t Reading Proposed Ordinance No.O00-08 Re: Amending Chapter 9, Article ~V, Section 9~5! of the City of Boynton Beach Code of Ordinances by creating a new subsection (e) to provide that reasonable and proper 5 Agenda Regular City Commission March 21, 2000 fees are established for Fire Rescue Services in the absence of a Mutual Aid or Interlocal Agreement Proposed Ordinance No. O00-09 Re: Amending Chapter 20, Entitled "Building, Housing, and Construction Regulations," Article I entitled "In General," Secti~)n 4 entitleC "Fees~; to provide that the levy ancJ collection of the ~nterim Services Fee is suspended effective June 14, 1999, until such suspension is repealed by the City Commission by adoption of an Ordinance 3. Proposed Ordinance No, O00-10 Re: A · · "AdminiStrat On" Attic e V ~-~ ~,~ ',,' .... m~.. ndlng_ Chapter 2, entitled compliance with ame~,~,-~-~-~; ,L; ..... p a.nce ~oard providing for · .,,,,~,,~ u, u~e rlorll3a Legislature Resolutions: Other: Proposed Resolution NO. R00-41 Re: Amending our Interlocal Agreement with Palm Beach County for Boat Club Park improvements and Intracoastal Waterway Park improvements 1. Ratification of Code Compliance Board action: Reduce the fine in Code Compliance Case #97-4235 (554 NW 11t~ Ave.) to the administrative Costs of $634.12. The total fine before reduction was $32,450 plus the aforementioned administrative costs. The motion to reduce the fine was unanimously approved. Rescind the fine in Code Compliance Case #99-1314 (8562 Lawrence Road). The total fine before reduction was $2,300 plus $634.12 in administrative costs. The motion to rescind the fine was unanimously approved. Reduce the fine in Code Compliance Case #96-5768 (3020/3040 SE 2"d Street (duplex) to $1,000 plus $826.18 in administrative costs. The total fine before reduction was $264,750 plus the aforementioned administrative costs. The motion to reduce the fine was approved by a 5-1 vote. Reduce the fine in Code Compliance Case #97-4349 (515 NE 20~ Avenue) to the administrative costs of $634.12. The total fine before reduction was $4,400 plus the aforementioned administrative costs. The motion to reduce the fine was approved by a 5-1 vote. Recreation impact fee for the~'Manatee Bay development in the amount of $229,865 Agenda Regular City Commission Hatch 2Z, 2000 Appeal of administrative decision Establishment of fee Ordinances - 3r~ and Final Reading: Prooosed Ordinance No. 000-02 Re: Providing for determination whether changes to the comprehensive development of regional impact constitutes a substantial deviation under 380.06 F.$ and whether further deve opment of reg onal impact review is necessary, amending the development order for Quantum Park Proposed Ordinance No O00-03 Re: Amending land development regulations, uses permitted to allow recreational and attra~0ns as defined for the industrial land use Classification, multi-family, residential and mixed use residentia/commercial uses in p.ir.D.S, totaling a minimum of 500 acres, b~ amending Uses Prohibited to exClUde m;ulU-family from prohibited uses. X~T. UNFINZSHED BUSZNESS: Review and Consideration of the pre-application(s) received, for submittal to Palm Beach County, Department of Economic Development, under the Round ]~T! Core Grant Program (TABleD) B. Discussion on Ocean Ridge Response to Land Sale and Purchase OTHER: X,-TV. AD3OURNMENT: NOTICE FINAL AGENDA - 03/17/2000 4:03 PM $:\CC\WP\CCAGENOA\032100.DOC III-ANNOUNCEHENTS & Boynton Beach is a city of neighborhoods whose residents take pdde in their surroundings. They recognize that litter is a serious quality of life issue and that a cleaner environment translates into a better looking, safer and healthier community. On Saturday, Apdl 1, 2000, Boynton Beach will participate in the Keep Amedca Beautiful Great Amedcan Cleanup, the nation's largest organized litter cleanup campaign. Over 2 million volunteers nationwide will take part in this second annual observance. Conducted locally by Keep Palm Beach County Beautiful with assistance from the Solid Waste Authority, the Great Amedcan Cleanup stimulates community pdde by involving residents, businesses and community leaders at the state and local level in an effort to improve and beautify their local environment. It encourages volunteedsm, personal action and responsibility and promotes [he missions of the Keep America Beautiful organization: litter prevention, beautification and minimizing the impact of solid waste. The~community also realizes economic benefits when the program ~s successfully implemented. 'Now, therefore, I, Gerald Brcening, by virtue of the authority vested in me as Mayor of the City of Boynt~n E~each, Rodda, herebyproclaim Saturday, April 1, 2000, to be observed as: Great American Cleanup Day and call upon all our citizens to commemorate the day with appropriate observances. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seat of the City of Boynton Beach, Flodda, to be affixed this 21ST day of March, in the year Two Thousand. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) Requested City Commission Meeting Dates [] March21 2000 [] Apr/I 4, 2000 [] April 18.2000 [] May 2, 2000 'ri-ANNOUNCEMENTS & PRESENTATZONS ri'EM B~I CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date F~nal Form Must be Turned in to City Clerk's Office March 8, 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) April 5, 2000 (5:00 p.m.) April 19, 2000 (5:00 p.m.i Requested City Commis~on Meeting Dates '~ May l6.2000 [] June 6.2000 [] June 20,2000 [] July 5. 2000 Date Final Form Must be Turned in to City Clerk's (~ffice May3, 2000 5:00 p.m.) May 17, 2000 (5:00p.m.) lune 7, 2000~:00 p.m.) June2I, 2000(5:00~m.~ NATURE DF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Aanouncemenr [] Presentation RECOMMENDATION: Presentation by Mayor of awards received fi.om Safety Council of Palm Beach County, Inc., at the Third Aunual Safety Council Awards Luncheon. EXPLANATION: Awards received: To the City of Boynton Beach-Award of Merit for Worker SafeO~. To Chuck Magazine, Risk Manager, City of Boynton Beach - Community Service Award. PROGRAM IMPACT: Recognition of activities in the areas of Risk Managem~m and Safety. FISCAL IMPACT: Documentation of activities to reduce the cost of risk to the City of Boynton Beach. ALTERNATIVES: None. Deg~r~ Head s Signature RISK MANAGEMENT Department Name City ~a~age?~ Signature City Attorney / F/nance / Human Resources RM/Safety Awards 2000.dot S:\BULLETtNkFORMSka. GENDA ITEM REQUEST FORM.DOC February 3, 2000 Toni Burrows Safety Council of Palm Beach County, Inc. 770-S South Military Trail West Palm Beach, FL 33415 Dear Ms. Burrows: Please fred attached, the City of Boyntun Beach Application for the Annual Safety Awards Prograan. We have initiated and continued a number of safety programs. The Workers' Compensation Experience Modifier is a statistical determination by the State based upon workers' compensation claims experience. It takes into account the frequency and severity of claims. They compare claims experience tu the average employer with the same classifications of employees. The average employer would be at 1.00. A higher number would represent an increase over the average employer, while a lower number would represent a decrease. Our rating in 1997 was 0.83. and rose to 0.89 in 1998. It dropped to 0,75 in 1999. representing a decrease in frequency and severity. We continue to focus on the safety awareness of our employees. We continue to conduct train[ug for our Safety Coordinators who pass this training on to the supervisors and employees within their departments. We continued our safety awards/incentives program through the use of safety pins, sunglaases~ insulated bags, and other items to positively impact employees when they operate in a safe manner. We developed; published, and distributed brochures on specific safety-related topics. In 1999. we published three brochures on: Seatbelts - What a Bright Idea.t; Emergency Care and First Aid Guide: and, Holiday Safety and Security Tips. These brochures were distributed to every employee in the City and to the general public. We continued and expanded the Sagety l~ewslett~r. This publication is distributed to all employees monthly. It has been well received and has served as a model for other public and private entities through distribution in Florida, naimnally and internationally. We have also continued and expanded the weekly "Unofficial Rock n Roll Safety Calendar" tu include safety messages. This continues to be popular and is regularly in demand from staff. and individuals and entities outside the City. We continued to expand the .s, afety information available both on the City's intranet for employees, and much of which is included on the Cqt? s interuet web site. The City of Boytuon Beach continues tc put major emphasis-on creating a working enlmre and environment that is safety oriented. This is not just a priority, but the way we do business. Thank you for the opportunity to apply for these prestigious awards. Sincerely, Charles J. Magazine Risk Manager SAFETY/Safety Council Awards 99Lu'.doc Safety Council of Palm Beach County, Inc. Second Annual Safety Awards Program Members' Award Program Return'Application By Februa~_ 14, 2000 Nominations should be for the reporting year 1999. SIC Code: 91 [see enclosed SIC listing if you are unsure of your code.) For companies that h;}ve m~lti~e locations, submit a separate form for each location. Worker Safety: The nUmber of OSHA / DOS recordable cases 1997 - 247 Total~ cumulative hours worked during reporting year 1998 - 95 1999 - 99_ 1997 - 1,545,698 1998- 1.539.524 1999 - 1,691,040 Vehicle Safety: Count the nUmber of preventable collisions that occurred in the calendar year in company owned or leased vehicles: CUmulative miles driven during reporting year: Number of vehicles: 1998 - 18 1999 -26 1998- 578,208 1999 - 844,472 1998- 228 1999- 333 Incidence Rate: No. Preventable Collisions x 200,000 = 1998 - 0.0127 Total # CUmulative Miles Driven 1999 - 0.0127 Incidence Rate: Total Recordabte Cases x 200,000 Total # Hours Worked = 1997-31.96 1998- 12.34 1999- 11.71 I certify that this is an accurate accounting: Charles J. Magazine Risk Manager All reports will be kept strictly confidential. Company Name: Contact Person & Title Address: City of Boynton Beach Charles J. Magazine, Risk Manager 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Phone Nmmber: 742-6040 Fax Number: 742-6041 Type of Business Municipal Government No. of Employees: 850 Requested City Commission Meeting Daces [] March 2I. 2000 [] April 4. 2000 [] April I8,2000 May 2, 2000 IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B.1 AGENDA ITEM REQUEST FORM Date FinalForm Mustbe Turned in to Ci~/Clerk's Office March 8, 2000 (5:00 p.m.) March 22. 2000 5:00p.rn,) April 5, 2000 5:00 p,m.j ~:priI 19, 2000 (5:00 p.m.) Requested City Commission Meetin~ Dates [] May 16. 2000 [] June 6. 2000 [] June 20. 2000 [] July5. 2000 Date Final Form Must be Turned in to City Cterk~s Offic~ May 3, 2000 (5:00 p.ra.) May I7, 2000 (5:00 p.m,) June 7, 2000 (5:00 p.m.) June2] 2000 5:00p.rn. NATURE OF AGENDA ITEM [] Adminis~ative [] Development Plans [] Consent Agenda [] New Bus/ness [] Public Hear/ng [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION:A motion to renew the bid for: "TWO YEAR CONTRACT FOR TI-IE PURCHASE OF UNIFORMS" to: Harrison Uniform Company of Boynton Beach, Florida and Martin's Uniform of Tampa, Florida with an estimated annual expenditure of: $150~000.00. BLD#050-1412-00/CJD. CONTRACT PERIOD: MAY 18, 2000 TO MAY 17. 2001 Procuremem Services requests Cormmss~on's rewew, evaluation and award approval. EXPLANATION: The purpose of this bid is to secure prices for a period of two {2) yearn for the purchase of uniforms for the Police Department, Fire Department and general workers within the City. At the Commission meeting of May 19, 1998, the bid was a split-award to Martin's Uniform Company and Harrison Uniform Company. These companies have provided us with this service in a satisfactory manner. This bid will expire on May 18, 2000. but according to the Terms and Conditions of the bid, we have the option to renew the bid and extend the prices for an additional year provided both parties agree {see letter from Martin's Uniform and Harrison Uniform Companyl. Dominic DeMaure~ Warehouse Manager concurs with this request per memo attached. FISCAL LMPACT: BUDGET ACCOUNT #: 502-000-141.00 Deputy Director of F/na~ial Se~rvices BUDGETED A3'IOUNT: $150,000.00 City Attorney / Finance Human Resource Procurement Services Department Name C: Dominic DeMauro - Warehouse Manager File S:\BULLETtN~FORMSXAGENDA iTEM P~EQUEST FORM.DOC CITY OF BOYNTON BEACH MEMORANDUM TO: FROM:. DATE: SUBJECT: Bill Atkins. Deput?- Finance Director Dominie DeIviauro. Wax~hou~ Manag~r/~ Mar~h 8, 2000 Uniform Bids The following uniform companies, Martin uniforms & Harrison Uniforms. have agreed to extend their bid for an additional year. Service from both companies have been satis~a0tory. It is warehouse recornmendation-- that these bids should be extended for an additional year. Any questions feel free to call.ext. 6324, Id NdBS:E~ 000~ ~0 'ON ~NOHd BSOOH~WM H3~t NOIN~OE ~0 klI3 : WO~ ¢it of Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 334~5-0310 Telephone No: (561) 742-6320 FAX: (561) 742,6306 RECEIVED FEB 18~0 NAME OF BID: THE PURCHASE OF UNIFORMS- ANNUAL CONTRACT TWO (2) YEARS BID#: 046-502-98/CJD Agreement between the City of Boynton Beach, Owner; and MARTIN'S UNIFORM (Company's Name) Contract Renewal Period: MAY 18, 2000 TO MAY 17, 2001 X Yes, I agree to renew the existing contract under the same rems and Conditions. _ No, I do not wish to renew the contract at this time. Martin,s Uniforms, Division Superior Uniform Group Inc. NAME OF COMPANY SIGNATURE David H. Muar ~/AM~ ,-,F RE~ RE~ENTATtVE (please prin0 Vice President,Sales. TITLE 02-16-2000 DATE 1-800-627-8467 (AREA CODE) TELEPHONE NLrMBER America's Gat~vay to the Gulfstrea~n Feb-25-O0 09:34A Harrison Uniforms Mi~m~ of 305~721Z~5 P.O1 ' NAME OF BID:. ~ ~PURCHA~E OF U'N]~O~-- A.WNU.~,~ ;C01'¢1'1~C~ TWO'(3)~ ,s. gmenmt b~,~ween t~ Ci. ry o~ Bo3m~on Bc~,h, ~r; ~ Cmm.~t l~g~ Pe~ed:. MAY tS. 3000 TO MAY 17, 2001 ~k.._ '¥~, I ~ to rcuew d~e exig~g comsac~ ,.rode,: t~ .~m,r T enoz ~ Co-,~J.~.om. __ ~o, ido.ocwi~m zeu~w the coutract a.t Ibis time. SlON~ THE PURCHASE OF UNIFORMS - TWO (2) YEAR CONTRACT BID OPENING DATE: 4/2/98 "Offers from,the vendors listed herein are the omy Offers received t me ¥ as of the above race ving date and t me BID OPENING T ME 2:00 P,M .... All other offers"~b~itt~d ih reS-p-bi-is~ tO this solicitation. BID NO.#046-502-98/CJD V,-~n,-~c, ...... It any are hereby rejected as late" . · uu,',l UI~hruHM~ GERBER.MFG. CO. ~ GOLD NUGGET DBA ARGO UNIFORM CO. P.O. BOX 6275 202 LINCOLNWAY EAST i 000 S DX E HWY CoLUMBuS; GA 31917~6275 MISiTAWAt~,A, iN 46544 ~ ~-IALLANdALE FL 33009 (706) 327-7662 1-800-437-2371 r (954) 457'7100 GROVER C.'BARFIELDlll ~JlM~J; MA['OOF ': ~ELICA DRENsTEIN UNIFORM MANUFACTURERS *R D ................. ~ ....... ' ' ~'-lz 5 ' - E KAPINDU~ H~-$ ~ERBE~'OUTERWEAR HORAOESMAI~LMFG; CLFTONSHRT, I~DWAR~ GARMENT RED KAP IND ANTI-KICKBACK AFFIDAVIT FORM SUBMITTED NO ....... YES . YES '~ONFIRMATION OF MINORITY FORM SUBMI'r it::u/ I r FORM SUBMI' ~ED / S A CERTIFIED MINOR TY OWNED BUS!NESS FORM SUBMITTED NOTAMINORITYOWNEDBUSINESS' NOTAMii~ORiTY~(~WNEDBUSiNESS OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE FORM SUBMITTED YES YES YES COMMENTS *SEE NOTATIONS *SEE NOTATIONS ITEMS 10 & 14 SEE LIST OF EXCEPTIONS "' ADDITIONAL CHARGES ON OVERS ZED CLOTHING WILL APPLY SEE NOTATIONS ON ALL 100% COTTON CLOTH NG THE PURCHASE OF UNIFORMS - TWO (2) YEAR CONTRACT Qf.fer~.~fro~ theLvendo s listed herein are the only offers BID OPENING DATE: 4/2/98 received timely as of the above receiving date and time. BID OPENING TIME: 2:00 P.M. AIl'0ttler'off~.rs S¢:i~itted in response to this solicitat on, BID NO.#046-502-98/CJD Lf~..a[,e, be[cby reiecLed as lat VENDORS dALR~UN U~I~ORMS ~-'I~E'"R~'M~'~¢~i~-~;~. ..... ;~ '~0~O:"~tJ~'E~ DBA ARGO UNIFORM CO. P.O. BOX 6275 202 LINCOLNWAY EAST ; 1000 S. DIXIE HVVY. COLUMBUS, GA 31917-6275 MISITAWAKA, IN 46544' ~ALEANDA£E, FL 33009 (706) 327-7662 ' 1-800-437-2371 [954) 457.-7100 GROVER C. BARFIELD III JIM J. MALOOF SEEICA'~RENS,T~!N~ ITEM ¢1 UNIT COST ;~';<%~? ~;~HORT SEE~E¥E $23.75 iTEM ~¢2 UNIT COST : "' N~ BiO' - N'0 BID ~' ;~ ~, :~-;, ~'~¢: ?;'" ; '~'.? :~;~:¢~'"~' ~ :,,';~ONG' ',$21,98S~EEVE', $25.74 ITEM ¢3 UNIT COST NO BID NO BID $21.98 ITEM ~ U~T CO~ST NO BID ...... BASE~IXl$i24.00 $99.15 . ALTERNATE¢31S1 $~12.00 ' :~/~"- ~ TE~' ' C-O~ ........................ ........ NO'~D N~. D ' ......... ~. [¢. '*~.' ;,;~$,~t'9,~~, ~. ,,. · ITEM'¢8~U-N/T COST" , NO BID NO BID ' $18.~0 ITE~ '~7~T'C~T .................. NUBID ........ NO'BID $19 ITEM ¢8 UNIT COST NO BID NbC D :,";~h0A~ : .... .%.: ..~.-~ ~QN'G ~LEBVE$~ 5.:12 ~, ~u u~ uuo~ ~u u~u Nu u~u ~M~.~[ ~pEEVE $17 85 · . ~ ~; ~- ~;~O~GSEEEVE$21 95 'iTE~10'UNiTCOST .............. R~B~ ', ' 'NOBiD E~'':~.~'~:~:~: ' *$3878 TEM ¢11 UNIT COST $]'2~1 N0 B D ' ¢ $!5.95 I~EB ¢12 UNI COST ~$~.58: , ....... R~BD:,~- ,-, SHORT SEEEVE $9.93 IT~'~'13 UNIT COST ...... $12:00. " ......... ':~'BID : -, .,:~,~.': _:-$~5,95 1~'-4-UN ~C-OST $2~ .70 ................... ~'BiD ................... *$21 ;20 THE PURCHASE OF UNI FORMS - TWO (2) YEAR CONTRACT BID OPE N I N G DATE: 4/2/98 :"Offers from th e vendors listed herein arb the On ly offers BID OPENING TIME': 2:00 P.M date and time. .-~ ............. ,-. ~ ,.,~, r, v,, :~ ~ ~.;~j~.~.. , ~,.. ~ ~.~11 other ~fe~:.s s~ubmlffec[!n response re_ his solicitat on- BID NO #046-502-98/CJD ~r~-:':~;~;,~;,':': :i :~:' f'a~ VENDORS . ............. ~,:.. ~,arehe~b~rel.~t~da~te ;~ H],~RSONUN ~ORMCO. ~?~ MARTI'N'SUNIFORM - .~ ARNOLD MiND CK ~2023 CORPORATE DRIVE , ? ~20:~ES~H L~SBOROUGH AVE 1603 POTAWAYAVENUE ~ BOYNTONCBEACH, FL 33426 '~ TA~A; ~L 33'~0~ ' 3OYNTON BEACH, FL 33437 (561) 736-5600 . 1-800-627-8467 . (561) 732-2797 JENNIFER L. YERGER ;~ BAVID H:~MUAR ' ~ ' ~. ARNOLD MINDICK UNIFORM MANUFACTURERS '~ ~ ..... ': '~- ~ ' ' ' ~: E~PM~,GCA;FECHHEIMER, :' . ' EDWARDS GARMEN~ CO.; RED-~P';' ANTI-KICKBACK AFFIDAVIT FORM YES ' SUBMITTED YES YES CONFIRMATION OF MINORI~ . ORM SUB~fi~U / ~ FORM SUBMIWED/, FORM SU~MIWED / OWNED BUSINESS FORM SUBMITTE[ NOT A MINORITY O~ED BUSINESS NOT A MINORITY OWNED BUS NESS NOT A MINORI~ OWNED BUSINESS CONFIRMATION OF DRUG-FREE ' YES YES YES WORKPLACE FORM SUBMITTED COMMENTS .. *SEE NOTAT ONS ...... ~ ,~LARGER S ZESAREADDIT ONAL ..... - COST SEE LIST OF EXCEPTIONS ,.;,** LOI.~ST~ I'iOST RESPONSIBLE, RESPONSIVE BIDDER l,,lllO l, iliE'l'~ z'u.,~, a.r~,,,,.,~-~'~-,., ......... .~ '--.. r~.,,j..,~._,,~-/h ~4.-r'~ ~' · ~ ~, __ --6 ~Cl~l~ ' · -- ~ H. *KOESTER, PUR~ THE PURCHASE OF UNIFORMS - TWO (2) YEAR CON,T,,RACT '{3fiei~s fi;~h the veddors USte'd herei,n are the only offers BID OPENING DATE: 4/2/98 ' red??'ti~eiy as ofthi~ ab~.e. re~e,ving db. te and time. B D OPENING TIME 2:00 P.M. s. , . . /(]ibt~r ~is~sbbi~t~ n:rt~po!se to tbs Solicitation, VENDORS ~BJ '~ ............. "~ ~; ' ':~ ":; ~' ' ~, ~ P TAWAY AVENUE 2023 CORPORATE DR VE BOYNTON BEACH, FL 33426 TAMPA, FL 33603 , 561) 736-5600 1-800-627-~67 ? ~1~732-2797:F~ 739-9161 I~NNIFER L. YERGER DAVID H. MUAR ~RNOLD MINDICK ,TEM ~1 UN,T COST " LONG SLEEVE $2~.95 . ~; ;--~.~L~E~:~2~.25 ? sHoRT S~EEVE $20.00 - ~.~ ~; *"; :':~';~;~ 2~5~?'~ ...... ~:' $20:00 {fE~'~ u~if COST '~ : .8 ~:~;:.,~ .~Q_HG;~VE.$~6;~5 ~ ~ LONG SLEEVES22.00 ITEM ~5 UNIT COST . - · ~ $19.60 . ITEM ~6 UNIT COST ~ ' $19.06 *$24.~5 ~. ; $18.00 ITEM ~7 UNIT COST ~ $ · ' · ~ ~ ,N T ~RT ~ ~ LON~ S~ ~17.eS ~ S~OR~ ~?~0.0 ~. :~ ~ Sj 5.00 ITEM ~ ~NIT COST _ $17.95 . ~ *SHORTSLEEVE *$17.~ ,, ' $17.75 ~ '~ ~g 2~ ~,~-- $30 00 ITEM ~10 UNIT COST ~ $38.9 ' ' ST - -, ,,.? G~SE~EVE $9 80 ~¢?~F: :~ ~:,:.~, ;~;~,/ ~, SHOR~_SEEEVE $8.50 ITEM~12 UNI~CO ~ , ~,-,, .... ~, ~.,,-~, ~:~ ~, ::~, ~¢t~ ~- , LONGSEEEVE $9.50 ITEM ~13 UNIT COST 12.50 · ITEM ~14 UNIT COST *$18.00 ~ *$38 00 ' $20 00 Submit Bids To: CITY OF BOYNTON BEACH, FLORIDA BIDDER ACKNOWTu~DG~/k4ENT PURCHASING DEPARTMENT 100 E. Boynton Beach Boulevard P.O. Box 310 Boynuon Beach, Florida 33425-0310 Telephone 561-375-6323 Mailing Date Bid Title: Bid Number: Bid Received By: (City): FEBRUARY i7, 1998 THE PURCHASE OF. UNIFORMS - TWO YEAR CONTRACT BID NO. #046-B02~98/CJD APRIL. 2, 1998 no later than 2:00 P.M. (LOCAL TIME) Bids will be opened in the Purchasing Department unless specified otherwise bid opening scheduled for:APRIL 2r 1998 at 2:00 P.M. (LOCAL T1/4E) and may not be withdrawn within ninety (90) days after such date and time. Ail awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Harrison Uniform Co. · A Corporation of the State of: Florida Area Code: 561 Telephone Number: 7736-5600 Mailing Address: 2023 Corporate_Drive City/State/Zip: ~o~vnton Beach. Vendor Mailing Date: Delivered4-2-98 Certified or Cashier's check is attached when required $ $ Jennifer L. Yerger Name Typed in the amount of A % Bid B,D/kd is a5~ached in amount of . ~r£ze~Signature~ ~ THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL 42 PROPOSAL BLANK TO THE CITY OF BOTNTON BF~ACH, FLORIDA Date 4-2-98 To Ail Bidders: The undersigned' declares that he has carefully examrne~ the specifications and is thoroughly fami.liar ~wf~th its pfQv~i~'ns ~nd ~th the quality, type and grade of uniforms called for. The undersigned proposes co deliver the uniforms in accordance with the specifications for the sum of: UNIFORM,DESCRIPTION ITEM ~1 Plain/Zipper Front Shirts 'ESTIPIATED UNIT ~U~,~t~IES PRICE 625 25.95 1/S shirts $ 23.85 s/s shirts ITEM~2 Polyester Trousers 532 $ 23,.20 ITEM #3 Polyester Trouser (Shorts) ITEM ~4 Police Uniform Jacket w/ Collar 48 48 $ 23.20 129.00 ITEM #5 Ladies Polyester Skirts 24 19.60 ITEM #6 Ladies Polyester Vests 24 $ 19.06 ITEM#7 Ladies Polyester Slacks ITEM #8 Ladies Oxford Cloth Shirt 24 48 $ 18.85 17.85 1/s shirts $ 15.90 s/s shirts ITEM#9 Firemen Work Shirts 156 $ 17.95 43 ' ' THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL · PROPOSAL BLANK CONTINUED... .. ITF/4 #10 EMS Pants 200 S 38.95 ITEM #11 Work Trousers 864 $ ~9.00 ITEM#12 Work Shirts 576 9.80 1/s shirts $ 8.80 s/s shirts ITEI~ #13 Industrial Work Trouser (Shorts) 240 s 12.50 ITEM-#14 white - navy 18.00 GCA Coveralls (Unisex) 100 blue $ 18~00 Red Kap It is further agreed that the uniforms will be delivered within 30 calendar days from the date of the placing of the Order from the City. List Uniform Manufacturers here: B. Lip~man GCA Fechheimer Edwards Garment Co. Red Kap Harrison Uniform Co. COMPANY NAME 561-736-5600 TELEPHONE NUMBER Jennifer L, Yerg~r PRINTED NAME Asst. Manager TITLE THIS PAGE I~JST BE SUBMITTED ALONG WITH PROPOSAL 44 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH ; ) : SS I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as~:a~.cQm~Ma~,~, kickback, reward of giflt, directly' or indirectl~ 'by me or any mem~+6f:.~yr'Yir~ or by an 6fficer Of the corporation. Sworn and subscribed before me this ~ PUBLIC, / au Large S~of Florida "OFFICIAL NOT/~qY SEAL" STAMP Printed Information: TITLE COMPANY THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL CONFIRMATION OF MINORITY OWNED BUSINESS A requested fo~m to be made a part of our files .for future use and information. Please fill out and indicate in the appropriate spaces provided which ca.tegory best describes your company. Return this form with your Bid proposal shee~ making tt an official part of your Bi~ response. ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority owned Business"? YES NO X If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification 46 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever cwo or more bids which are equal with respect to price,.qual~,~ and s~rvice are ~ece{~d ~by the city of Bo.ynton Beach or ~y an~-poli~ii~al~u~di~!s'fgn' f07' th~. precuJemen~:~f Co~od~ti~s~ or sQn~a¢~al .ser~e.~ ~ bid ~e~eiii~gd~ ~-ro~ a business '~at 'certifies~ ~that it h, asimpte~e~t~a~g~r~6~kpia~e~pr~am~shaii:be~g~ven~prefarence in t~e a~rd~o~&~.'Esta~ii~sh~d~r~edures f~r processing tiebids~Will be followed if none of ~he ~ied vendgrs have ~ drug-free workplace program. In order to have a drug-free workplace program, a business shall: l) Publ.ish a statement no%ifying ~mployees that th~ unlawful manuf&ctu~e, distribution,. d~$P~s~?L.{~oss~sSion, Or use of a contr~lied' substance is proh~d ih'~ ~rkpiace and specifying the act'ions that will ~e tak~n&~.~!~mp~oy~ for vi~la~ion~ of sucn prohibition. 2) Inform employees about the dangers of dr~g abuse in the workplace, the business's policy of workp~lace, any avai~able~drug and emp] [ssistance Prog=ams, an~ the penaltie~ imposeO upmn drugabuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(l). 4) In the statemen~ specified in subsection (i), notify the employee that, as a condition of working on the commodities, or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or p~ea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. AS the person authorized to sign the starkest, I certify that this firm complies fully with the above requirementS. } / __ 47 THIS PAGE MUST ~E SUBMITTED ALONG WiTH PROPOSAL IN ORDER FOR ~ID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Submit Bids To: CITY OF BOYlqTON BEACH, FLORIDA BIDDER ACF=NOWLEbGR/~EN~ PURCHASING DEPARTMENT 100 E. Boynton Beach Boulevard P.O. Box 310 Boyn~on Beach,. Florida 33425-0310 Telephone 561-375-6323 Mailing Date (City): FEBRUARY 17, 1998 Bid Title: PURCHASE OF UNIFORMS TWO YEAR CONTRACT Bid Number: BID NO~ #046-502-98/CJD Bid Received By: A~RIL 2, 1998 no later than 2:00 P.M.(LOC2~L TIME) Bids will be opened in the Purchasing Department unless specified otherwise bid opening scheduled for:APRIL 2~ 1998 at 2:00 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Martin's Uniforms, Division of Name of Vendor: Superior ~,,~im~ ~ ~, A Corporation of the State of: New York Area Code: 800 Mailing Address: City/State/Zip: Telephone Number: 627-8467 2320 West Hillsborough Avenue Tampa Florida 33603 Vendor Mailing Date: Certified or Cashier's check is attached when required in the amount of $ A ~ Bid Bond is attached in amount of uth'~lzed Signature David H. Muar. Name Typed 42 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL PROPOSAL BLANK TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date March 30 1998 The undersigned' declares that he has caref'ully examined the specifications and is thoroughly familiar wLth it~ ~ ' Drovlsions and with the quality, type and grade of uniforms called fo~. The undersigned proposes to deliver the uniforms in accordance with the specifications for the sum of: 'ESTIMATED UNIT UNIFORM DESCRIPTION ' Q~AN~ITtES PRICE ITm~ ~l Plain/Zipper Front Shir~s 625 S/S.~.$ 24.25 Ea. ~23454 L/S .... 10% Extra,~ Female 44 to 46=10% ExtraS- -- ~21448 532 $ 22.25 P~. (18~!,9½: Female 22 to 24= 10% Extra) Polyester Trouser (Shorts) 48 $23.25 Pr- ~21248, ~21448 ' ' ~ ' ~ (18½-~'9½=10% EXtra., Female 22 to 24= 10% extra) ITEM %4 Police Uniform Jacket w/ Collar 48 ~24718 w/~24724 2X-L = 20%'Extra. ITEM#5 Ladies Polyester Skirts 24 ~31171 22 to 24 =10% Extra. $125.00 Ea. $ 24.50 Ea. ITEM %6 Ladies Polyester Vests ~31061 22 to 24=10% Extra. 24 $ 24.25 Ea. ITEM 97 Ladies Polyester Slacks 24 $ ?~_~ ~. % 20571 22 to 24= 10% Extra. ITEM~8 Ladies Oxford Cloth Shir~ 48 S/S.$10.00 Ea. ~22960 and % 23960 L/S.$12.00 Ea. ~22~ to 24= 10% extra) ITEM Firemen Work Shirts 156 ~ S/S $17.00 Ea. ~22338 and % 23338 Lt. Blue %22350 and % 23350 White L/S $18.50 Ea. 18½ to 19%= 10% Extra. THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL 43 PROPOSAL BLANK CONTINUED ..................... . ........................ ITEM #10 EMS Pants 200 Male ~ 21198, Female %21128 (46 to 50=10% extra, Female 22 to 24 ITEM #11 Work Trousers 864 Male %21118, Female % 21138 (44 to 50 =10% Extra, Female 22 to ITEM~12 Work Shirts 576 ~22083 and % 23083 ( 18% to 195=10% extra) ITF-/4#13 Industrial Work Trouser {Shorts) 240 ~21113, ~21118 ITEM-~14 Coveralls {Unisex) 100 ~25398 2X-L= 10% Extra) s 19.25 Pr. = 10% Extra.) $ 18..25 Pr. 24=10% extra) S/S. s 9.25 Ea. L/S $ 10.40 Ea. $ 18..25 Pr'. $ 35.00 Ea. It is further agreed that the uniforms will be delivered within 30 calendar days from the date of the placing of the Order from the City. List Uniform Manufacturers here: Martin's Uniforms Edwards Garment Co. (Item %5 &6 Martin's Uniforms, Division Superior Surgical Mfg. Co. Inc. COMPANY NAME 1-800-627-8457 TELEPHONE NUMBER SIGNATURE David H. Muar PRINTED NAME Vice President, Sales. TITLE 44 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL STATE OF FLORIDA COUNTY OF PALM BEACH ANTI-KIC~u~ACK AFFIDAVIT : SS I, the undersigned hereby duly sworn, depose and say that no portion 9f the sum herein b~d will be paid to any employee~ of the City of Bo~nton Beach as aco~ss.~,.ki~kb~¢k, rawar~ of gif~ ~irectl~ or i~i~ b~ilm~ or any memb~ar~of.m~ ~n~or by an officer of the ~o~po~ati0n~~. Sworn and subscribed before me this ~-~ day of ~L~'C~ , 19 ~ NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY SEAL ST~%MP Printed Information: David H. Muar NAME Vice .President, sales. TITLE Martin's Uniforms Division of Superior Surgical Mfg. Co. Inc. COMPANY 45 THIS PA~E MUST BE SUBMITTED ALON~ WITH PROPOSAL CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for fuuure use and information. Please fill out and £ndica~e in the appropriate spaces provided which category best describes your company. Return th~s form with your Bid proposal sheet making it an official part of your Bid response. ( ) BLACK ( ) HISPANIC ( ) WOMEN (X) OTHER Public Held Corporation. (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO X If YES, Name the Organization from which this certigication was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL 46 CITY OF BOYTON BEACH BID# 046-502~98/CJD EXCEPTIONS To SPECIFICATIONS: ITEM # 1 Stitched in creases thru pocket & flaps. ITEM # 2 Waistband: Comfort n action. ITEM # 3 waistband: Comfort in action. ITEM # 4 Pocket Flaps & Shoulder straps are secure with metal snaps. Nylon Taslan Weave. Double needle seams. Mitered corned pocket flaps. No metal buttons to change. ITEM #5 Elastique side w/zipper ITEM#6 full lined 4 button style two usable welt lower pockets ITEM # 7 No elastique Back Pleated Front. ITEM # 8 Assembled overseas with U.S. components. ITEM # 9 Stitched in creases thru pocket & pocket flaps. Assembled overseas with U.S. components. ITEM # 10 No knee reinforcement Fashion set permanent creases. Regular rise only Assembled overseas with U.S. components. ITEM # 11 Comfort in Action waistband. Assembled overseas with U.S. components. ITEM # 12 Button closure at neck of shirts. Assembled overseas with U.S. components. ITEM # 13 Comfort In Action waistband. Assembled overseas with U.S. components. ITEM #14 No action back pleats. Assembled overseas with U,S. components. Available in Midnite only. Regular and long only. Requested City Commission _Meeting Dates [] March 21,2000 [] April 4, 2000 [] April 18. 2000 [] May 2, 2000 C[TY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 8, 2000 (5:00 p.m.) March 22, 2000 .5:00 p.m.) April 5, 2000 (5:00 p.m,) April 19, 2000 tS:00p.m.) Requested City Commission Meefina Dates [] May 16, 2000 [] June 6, 2000 [] ,Juge 20. 2000 [] July 5. 2000 IV-CONSENT AGENDA ITEM B. 2 Date Final Form Mugt be Turned in to City Clerk's Office- May 3. 2000 (5:00 p.m.) Ma2~ 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m.i June 21, 2000 (5:00 p,rm) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: MOTION to award "ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/S][LK SCREENING" - BID#032-1412-00/CJD to various vendors as recommended by Staff with an annual expenditure of $80,000.00. The Tabulation Cormmttee recommends awarding the bid on a multi-award basis by overall low bidder with primary, secondary and third vendors as follows: RANKING: PRIMARY VENDOR: NAME OF COMPANY: BONE~SH CHARL~'S LOCATION POMPANO BEACH, FLORIDA SECOND~Y~NDOR: TItlRD: LOGO GEAR ISLAND BREW PROMOTIONS LAKE WORTH, FLORIDA WESTON, FLORIDA CONTRACT PERIOD: MARCH 22, 2000 TO MARCH 21, 2001 Procurement Serwces requests ComnUssion's review, evaluat/on and award approval. EXPLANATION: The purpose of this bid is m establish firm pr/ces for embroidery and silk screening on our miscellaneous uniforms to be ordered on an Needed" basis through the Warehouse. On February 2, 2000, Pocmement Services opened the above mentioned bid and received twelve (12) bids. The evaluating factors used in determining the award were: D Price and 2) Delivery time, All recommended vendors are considered m be the lowest, most responsible responsive bidders in sequential order and that meet specifications. Domimc DeMauro, Waraehonse Managex concurs with this request isee attached memo). FISCAL IMPACT: BUDGET ACCOUNT: 502-000-141.00 Deputy Director of Financml Service Procurement Services Depamnent Name ESTIMATED EXPENDITURE: ~ . ,, __ $8~,000.00 -/~' C~t~ M,4nager;s Signature City Attorney / Finance ~ Human Resources cc: Dominic DeMauro - Warehouse File S:kBULLETINkFORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH MEMORANDUM FINANCE ADMINISTRATION TO: FROM: DATE: SUBJECT: Bill Atkins, Deputy Finance Director l~6minie DeMauro, ~rarehotlse Manage~''~ March 1, 2000 Bid 032-1412-00/CJD PURCHA 200~ I received a tabulation sheet sent from your office, there were twelve bidders. I am giving no consideration to Uniforms Manufacturing Inc. due to the excessive delivery time of 45 days. My recommendation for award is overall low bidder. W~th' the primary vendor being Bone Fish pCroharlie's, secondary. V6nd0r being Logo Gear and the third vendor being Island Brew motions., On February'28;~ 2000, Carol Doppler and myself visited ali t~e~ si~es. Ail v~ndors met the city s requirements f6r quality and delivery. Any questions please Call me at 6324. BONEFISH CHARLIES DESIGNS FOR YOU DYNAMIC DESIGN FOREVER YOUNG SPORTS GRAFI-TS II. AND BREW J~H.CHURRCHWELL KLUCH LOGO GEAR MVP SPORTS EMBROIDERY/SILK SCREENING LOW SECOND THIRD 16 2 3 PRIMARY 0 0 0 0 0 0 2 2 8 0 1 0 0 7 8 THIRD 0 0 0 0 2 1 4 1 4 SECOND 0 0 2 "Offers from the vendors listed herein am the only offem BID OPENING DATE: FEBRUARY 2, 2000 received timely as of the above receiving date and time. BID OPENING TIME: 2:00 P.M. All ether offerssubmitted in msoonse to this solicitation. BIL)#: U~,2~-141Z-UU/L;JU ~1~1~ ~~111~ ~11~ ~j~ ifany, are hereby rejected as late" VENDORS ~,ONE :ISH CHAF .IE'$ ' ' ')ES GNS FOR YOU, INC. DYNAM C DES GN INC. '1301 W. COPANS ROAD G4 501 N. DIXIE HIGHWAY 2244 N.W, 29TH STREET POMPANO BEACH, FL 33064 ~OCA RATON, FL 33431-5029 FT. LAUDERDALE, FL 33311 (954) 975-3474 '.561) 368-4017 (954) 485-2523 ATTN: CRAIG KUPERMAN ~,TTN: LAURAE S, HAT,HAWAY ATTN: SCOTT J. MANCINI SECTION 1 PURCHASE OF UNIFORMS/EMBROIDERY ITEM #1 POLICE TRAINING UNIT GOLF SHIRT $16.00 $24.20 $23.00 ITEM #2 POLICE CARDIGAN SWEATER $14.50 $23.00 $19,00 ITEM #3 POLICE WHITE ADMINISTRATION $14.00 $22.58 $23.00 GOLF SHIRT XXL +$1.00 XXL $25.00 ITEM #4 POLICE CRIME SCENE GOLF SHIRT $14.50 $22.91 $2,2.00 XXL +~1.00 XXL $24.00 ITEM #5 POLICE CRIME PREVENTION $15,25 $24.20 $25.00 GOLF SHIRT ITEM #6 POLICE DETECTIVE GOLF SHIRT $;~ 5.25 $24.20 $23.00 XXL +$1.00 XXL $25.00 ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING "Offers from the vendors listed herein am the only offers BID OPENING DATE: FEBRUARY 2. 2000 received timely as of the above receiving date and time. BID OPENING TIME: 2:00 P.M. All other offers submitted in response io this solicitation, BID #: 032-1412-00/CJD If any, are hereby rejected as late" VENDORS BONEFISH CHARLIE'S DESIGNS FOP, YOU, INC. DYNAMIC DESIGN INC. 1301 W. COPANS ROAD G4 4501 N. DIX E HIGHWAY 2244 N.W. 29TH STREET POMPANO BEACH, FL 33064 BOCA RATON, FL 33431-5029 .. FT. LAUDERDALE, FL 33311 (954) 975-3474 (561) 368-4017 (954) 485-2523 ATTN: CRAIG KUPERMAN ATTN: LAURAE S. HATHAWAY ATTN SCOTT J~ MANC N ITEM #7 ,I POLICE DIRECTED PATROL $15.25 $22.91 $22.00 GOLF SHIRT XXL +$1.00 XXL $24.00 ITEM #8 POLICE - CODE ENFORCEMENT $12.00 $19.59 $18.00 GOLF SHIRT ITEM #9 TRANSIT - GOLF SHIRTS $10.00 $17.47 $16.00 ITEM #10 SUPERVISOR - POLO SHIRTS $12.50 $20.41 $19.00 XXL +$1.00 . _ , XXL $2'1.00 FIRE DEPARTMENT - BALL CAP $5.50 $7.90 , $7.50 iTEM #12 ' ' POLICE BALL CAP $5.50 ' $7.90 ' $7.50 ITEM #13 ALL CITY BALL CAPS BLUE $5.50 ..... $~,90 $7.50 ITEM #14 ALL CITY BALL CAPS GREEN $5.50 $7,90 $7.50 ' NING ~I~lq~L~IS~.ELL~NEOUS U~iF'i~EMS TOiNCLUDE EMBROID ERY/SILK SCREE _';.O_ffe?s.~r~,~ .the. ¥,e.n#prs listed ~emin are,the 0?y offers BID OPENING DATE: FEBRUARY 2, 2000 r~ceiv~d timely as of the above receiving date a¢~d time, BID OPENING TIME: 2:00 P.M. ~l otfier offerssubmitt~c~i~'m~ponse to this Solidta~ion, BID #: 032-1412-00/CJD ..... ifany, are-hereby rejected as late .......... BONEF SH CHARL E'S DESIGNS FOR YOU NC. DYNAMIC DESIGN !NC. VENDORS 1301 W. COPANS ROAD G4 4501 N, DIXIE HIGHWAY ~OMPANO BEACH FL 33064 BOCA PATON, FL' 33431-5029 - 5'T. LAUDERDALE, FL 33311 . (954) 975-3474 (561)368-4017 ~ 1954-)485-2523' " ~T~N; CBA!~.~_U~MAN ~N~ SECTION 2 1 PURCHASE OF UNIFORMS SILK SCREEN ITEM #15 OlTYT-SHIRT GREEN $3.00 $7,00 ...... :., $4.67 ' XXL +$.75 XXL $6,17 ITEM #16 CITY T-SHIRT BLUE $4.75 $11.52 XXL +$1,00 XXXL +$'1.25............. r*-......X~ ' $7.45 ITEM #17 POLICE T-SHIRT BLUE $5.00 $12.38 $6.75! XXL +$1.00 XXL" '$.25 ITEM #18 - ~,, -~ . ," pOLI(~E T-SHIRT BLUE $9:00 - .... '~:~01-46 ........ ~' ' : "- $t2.~: , ..X~L _ ,.$14.3 XXL +$1,00 . , ,'-' ': . TEM#19 ' ' ~'"' ' ' : ""' '*' ' POLICE SWAT T-SHIRT LIS $7 25 $20.96 XXL $ ~Q ' - ' ITEM #20 POLICE SWAT T-SHIRT S/S $5.00 ~ $12.6~ $7,95 XXL +$1.00 .... XXL $9.45 ITEM #21 - FIRE DEPARTMENT T-SHIRT WITH $~4.50 ~ ~ '~$~'~i'~'~ .... ' $7.95 XXL $9.45 POCKET SIS KXL +$1.00~, ........ ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING "Off ers from the vendors flsted herein are the on y offers BID OPENING DATE: FEBRUARY 2, 2000 received timeiy as of the above receiving date and time. BID OPENING TIME: 2:00 P.M. All otherofferssubmitted in response to thls solicitation. BID #: 032-1412-00/CJD if any, are hereby rejected as late" VENDORS BONEFISH CHARLIE'S DESIGNS FOR YOU, INC. DYNAM C DES GN INC. 1301 W. COPANS ROAD G4 4501 N D XIE HIGHWAY 2244.N.W. 29TH STREET POMPANO BEACH, FL 33064 BOCA RATON, FL 33431-5029 FT. LAUDERDALE, FL 33311 (954) 975-3474 (561) 368-4017 (954) 485-2523 ATTN: CRAIG KUPERMAN ATTN: LAURAE S. HATHAWAY ATTN: SCOTT J. MANCINI ITEM #22 FIRE DEPARTMENT GYM SHORTS $6.75 $15.85 $7,85 XXL +$1.00 XXL $9.35 SECTION 3 EMBROIDERY AND SILK SCREEN FOR SUPPLIED PRODUCTS ITEM #23 FIRE DEPARTMENT POLO SHIRTS $16.50 $27.72 $24.00 XXL +$1.50 rt. chest each $2.50 ITEM #24 XXL $26.00 FIRE DEPARTMENT INSPECTOR $16.50 ' $27.88 $24.00 POLO SHIRTS )(XL +$1.50 rt. chest each $2.50 XXL $26.00 CALENDAR DAYS 10 14 18 NUMBER OF PROPOSALS I ' 1 SUBMITTED 1 ANTI-KICKBACK AFFIDAVIT YES YES SUBMITTED YES CONFIRMATION OF MINORITY YES/NOT YES/NOT YES/NOT DWNED BUSINESS SUBMITTED - "Offers from the vendors listed herein are the ~nly offers BID OPENING DATE: FEBIJ3UARY 2, 2000 .......... receivedtim~l~c~bf~[he'~b~'verecevingdate ~ndtime' BID OPENING TIME: 2:00 P.M. AlrbtheroffersSubmtted!nresponsetothissolicitatlon. BID #i 032-1412-O0/CJD ir any, are hereby rejected as late" VENDORS BONEFISH CHARLIE'S )ESIGNS FOR YOU, INC. !-DYNAMIC DESIGN'INC, 1301 W. COPANS ROAD G4 4501 N; DIXIE HIGHWAY .4 !-244 N W 29TH S~REET POMPANO BEACH, FL 33064 BOGARATON; EL 33431.5029 .... ' ~,..LAUDERDALE; FL 33311 (954) 975-3474 (561 ) 368-4017 ~ i {954) 485-2523 ATTN: CRAIG KUPERMAN i ~ LA~U'~.~AT~HAWAY ~! ..,~TTN: .SCOTT J. MANCINI CONFIRMATION OF DRUG-FREE i YES YES YES WQRKPLACE SUBMITTED see corresPondence enolosed COMMENTS "Offers from the vendors listed herein are the on y offers BID OPENING DATE: FEBRUARY 2, 2000 .received timely as of the above receiving date and time. BID OPENING TIME: 2:00 P.M. All other offers submitted in response to this solicitation. BID #: 032-1412-00/CJD if any, are hereby rejected as Pate" VENDORS FOREVER YOUNG SPORTSWEAR GRAFFI-T,S 1085S.W, 15THAVENUE E-1 7001 NORTON AVENUE STE.#12 ~Ii12WES:'rON ROAD #~27 DELRAY BEACH, FL 33444 WEST PALM BEACH, FL 33405 WESTON Fl' 33326 (561) 279-2266 (56t) 533-3804 I954) 385-9489 ATTN: EDWARD H. BUXTON ATTN: RICHARD ~G.~)W[E ATTN: DAVID CONNER SECTION 1 PURCHASE OF UNiFORMS/EMBROIDERY ITEM #1 POLICE TRAINING UNIT GOLF SHIRT $18.50 NO BID *$17.95 ITEM #2 POLICE CARDIGAN SWEATER $16.50 NO BID i *$17.75 ITEM #3 ' POLICE WHITE ADMINISTRATION $18.50 NO BID *$16.75 GOLF SHIRT XXL *$19.50 ITEM ~ ' POLICE CRIME SCENE GOLF SHIRT $17.50 NO BID $16.95 ITEM #5 ...... XXL $'18 75 POLICE CRIME PREVENTION $18.50 NO BID GOLF SHIRT *$17,95 ANNI:IAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREEN lNG "Offers from the venclors listed herein are the only offers BID OPENING DATE: FEBRUARY 2, 2000 re~ei~edtim01yas0ft~eab°~e:re?~ivl~gda~e'an~ !ime BI D OPENING TIME: 2:00 P.M, All other offers submitted in response to this solicitation, BI D #: 032-1412-00/CJ D if any, are hereby rejected as late" :FOREVER 'YOUNG S_~ORTSWEAR G~J~J:~ ::T~ ...... ~i,,. ,~ : -.,~,i~ !~]~ANi~,B~W. PR~0~I~S VENDORS .............................. - ..... , ~' 1 ENUE E-1 7~0~NORTON AVENUE STE 1085 S.W. 15TH AV DEL~Y BEACH FL 33444 WEST PALM BEACH; FL 33405 ~ ~ESTON, FL 33326 56~ 279 2266 (561) 533-3804 ~ ~4) 385-9~9 ' D GOW E :~ A~N. DAV D CONNER · A~N. EDWARD H. BUXTON A~N. ~CHA~, , , ITEM ~6 } POLICE DETECTIVE GOLF SHIRT $18.50 NO BID ~ *$~7,95 T ~L ~$19.75 ITEM ¢7 ~ $16.95 POLICE DIRECTED PATROL $17.50 NO BID GOLF SHIRT ITEM ~8 ~ *$13.95 POLICE- CODE ENFORCEMENT $14.50 NO BID GOLF SHIRT ITEM ~9~ $15,50 NO BID *$13,75 T~NSIT - GOLF SHIRTS ITEM ~10 ~7Rn NOBID , ' - $,1~,50 SUPERVISOR - POLO SHIRTS ..... ~ ' '5.50 NO B' B ............ FIRE DEPARTMENT - BALL CAP $ ITEM ~12 -' ............. ~""- ......... )OLICE BALL CAP $5.50 NO BID *$4.50 TEM ~13 *$5,00 ALL CITY BALL CAPS BLUE $5.50 NO BID ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING "Offers from the vendorSllstedbemin are the onlyoffers BID OPENING DATE: FEBRUARY 2, 2000 BID OPENING TIME: 2:00 P.M. received timeiyas of the above receiving date and time. BID#: 032-1412-00/CJD AIl other offers ~ubmiffed in response to this solicitation, if any, are hereby rejected aa late" VENDORS FOREVER YOUNG SPORTSWEAI; GRAFFI-T'S , ISLAND BREW PROMOTIONS 1085S.W. 15THAVENUE E-1 . 7001NORToN AVi~NUE STE,#12 ;I'I12WESTONROAD #127 DELRAY BEACH, FL 33444 WEST PALM BEACH, FL 33405 WESTON, FL 33326 · (561) 279-2266 (561) 533-3804 ~954) 385-9489 ATTN~ EDWARD H BUXTON ATTN RICHARD GOWIE ATTN DAV D CONNER ITEM #14~ ~ ALL CITY BALL CAPS GREEN $5.50 NO BID *$5.00 SECTION 2 PURCHASE OF UNIFORMS SILK SCREEN ITEM #15 CITY T-SHIRT GREEN $3.75 $3.86 *$3:75 . ITEM #16 XXL $5.29 XXL *$§.25 CITY T-SHIRT BLUE $5.75 $5.98 *$5.75 ITEM#17 XXL $7.05 XXXL $7.55 XXL *$6.75 XXXL *$~.25 POLICE T-SHIRT BLUE $5.25 $5.30 *$5.75: TEM #18 XXL $6,55 · XXL *$6,75 POLICE T-SHIRT BLUE $7.50 $9,30 *$9125 POLICE SWAT T-SHIRT L/S $7.50 $9.30 *$9.25 ITEM #20 XXL $10,15 XXL *$10.25 POLICE SWAT T-SHIRT S/S $'5.25 $5.30 *$5.75 XXL $6.55 XXL *$6.75 ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIpERYISILK SCREENING BID OPENING DATE: FEBRUARY 2, 2000 BID OPENING TIME: 2:00 P.M. BID #: 032-1412-00/CJD · "Offem from ~he veddors listed herein am the (~nly offers ~ race ved t me y ;iS o~' the ~b(~ve r~ce ring date and time· Aid o{her o f f~-U b mi t~:ed~it{ ~l~nse to this solicitation. if any, are hereby rejected as late" "FOREVERYOUNGSPORTSWEAR GEAFFI-?8:' -~ :.,.- ~ SEAND BREW ~ROMOTIONS ~/ENDORS ~ 1'085 s~W 15TFI A~/ENUE E-1 ~ ~00~ NE)RTON~A~N~E STE..#12· ~7142 WESTON'~OAD #127 i~EL~'~ ~,EACH, FL 33444 ATTN: EDWARD.H. BUXTON ATTN: RICHARD G.OWIE ~'N. , ,,, , ITEM #21 FIRE DEPARTMENT T-SHIRT WITH $5 75 ' ' , ' $5 98: ..... ; :~' '~' 5 XXL ':~¢ ,,,~'$7.25 POCKET S/S XXL $7.05 TEM '#22 :IRE DEPARTMENT GYM SHORTS $7.50 *$7,30 · t$9:75 ~ECTION 3 EMBROIDERY AND S LK SCREEN FOR SUPPLIED PRODUCTS ITEM #23 ' FIRE DEPARTMENT POLO SHIRTS $20.50 NO BID ¢ $19.95 ~: XXL $21.95 ITEM#24 ' i ~-, ~" $19.95 FIRE DEPARTMENT INSPECTOR $20,50 NO BID .,',~; ' XXL .· ;$21.95 POLO SHIRTS ' 15 ........ 1 CALENDAR DAYS 14 , , ',lUMBER OF PROPOSALS SUBMITTED 1 ~ I , 1 ANTI-KICKBACK AFFIDAVIT YES ' "' YES YES SUBMITTED ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING "Offers frors the vendors listed herein are the on y offers BID OPENING DATE: FEBRUARY 2, 2000 received time y as Of the above receiving date and time. BID OPENING TIME: 2:00 P.M. BID#: 032-1412-00/CJD -~AII other offers submitted in resconse to this s0 icitat on if any, are hereby rejected as late" VENDORS FOREVER YOUNG SPORTSWEAR RAFFI-T S ~ 'ISLAND BREW PROMOTIONS G ' 1085S-W. 15TFiAVENUE E-1 7001 NORTON AVENUE sTE.#12, ~I'I2wEsToN RoAD #127 DEEP, AY BEACH, FL 33444 WEST PALM BEACH, FL 33405 ~ WESTON, FL 33326~ (561) 279-2266 (561) 533-3804 (954) 385-94{39 CONFIRMAT ON OFM NORITY ATTN: EDWARD H. BUXTON ATTN: RICHARD GoWIE ATTN DAV D CONNER OWNED BUSINESS SUBMITTED J YES/NOT YES/YES CERTIFIED YES/NOT CONFIRMATION OF DRUG-FREE YES YES YES WORKPLACE SUBMITTED COMMENTS ~ SEE NOTATIONS SEE NOTATIONS BROCHURES ENCLOSED ANNUAL MISCELLANEOUS UNIFORMS TO iNCLUDE EMBROIDERY/SILK SCREENING "Offers from the vendors listed herein are the only offers BID OPENING DATE: FEBRUARY 2, 2000 receved tlmeyas bf. the above receiving date and time, BID OPENING TIME: 2:00 P.M. All:other offerssubmitted in reseonse to this solicitation, BID#: 032-1412-00/CJD if any, are hereby rejected as late" VENDORSij.H. CHURCHWELL COMPANY ' KLEIOH CLOTHING'COMPANY, IN~" ~OG~ ):GEA~r . P.O. BOX~1019 2~0SE 8THAVE~UE BAY4 ~0~ANORTH"G~'STREET IACKSONVILLE, FL 32201-10~9 ~OYNTON BEACH, FL 33435 ~E WORTH, FL 33460 904) 356-5721 (561) 734-9665 ~561) 582-2201 ~N: LEONARD R. PAVEL~ ' A~N MICHEL J R SELEY ~N: GREG TREHUBENKO SECTION 1 .' PURCHASE OF UN FORMS/EMBROIDERY ITEM ~1~. - ~OLICE TRAINING UNIT GOLF SHIRT *$24.75 ._~'°°..... ITEM ¢2 ' $25.50 POLICE CARDIGAN SWEATER *$21.65 $23.89 PQL CE WHITE ADMINISTraTION *$24'~2 ~Z~ , GOLF SHIRT '~'- ;; ITEM ~ SHIRT ' $21.75 . ,. .... .--~¢,~0~__._ POLICE CRIME SCENE GOLF TEM fi5 "~ $27.50 POLICE CRIME PREVENTION *$24.75 $27:58, , GOLF SHIRT TEM ¢6 ' POLICE DETECTIVE GOLF SHIRT *$24.75 ' '"- -" "$27~58 :¢ $27.50 XXL ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING BID OPENING DATE: FEBRUARY 2, 2000 BID OPENING TIME: 2:00 P.M. BID #: 032-1412-00/CJD fiefs from the vendors sted heroin are the on y offem received timely as of the above receiving date and time. All other offers submitted id'm~ponse to thfs solicitation, if any, are hereby rejected as late" ~ENDORS J, H. CHURCHWEL-I[_ COMPANY i KLUCH CLoTHii~G CoMpANY, INC! LOGO GEAR P.O. BOX #101g 210 S,E. 8TH AVENUE BAY4 t 110-A NORTH "G" STREET ~ACKSONVILLE, FL 32201-1019 ' BOYNTON BEACH, FL 33435 ' LAKE WORTH, FL 3;~460 (904) 356-572:1 [561) 734-9665 ' (561) 582-2201 , ATTN: LEONARD R; PAVELKA · ATTN: MICHAEL J. R SELEY &TTN: GREG TREHUBENKO ITEM #7 POLICE DIRECTED PATROL $21.75 $22.80 ' $26.50 GOLF SHIRT XXL $24.00 XXL $24.42 ITEM #8 POLICE - CODE ENFORCEMENT *$18.50 GOLF SHIRT $22.27 $24.50 ITEM #9 ]'PANSIT - GOLF SHIRTS ITEM #10 SUPERVISOR - POLO SHIRTS $19.10 $17.59 $17.50 XXL $21.35 XXL $18.89 ITEM #11 FIRE DEPARTMENT- BALL CAP *$7.95 $8,79 $10.50 i'TEM #12 POLICE BALL CAP -*$5.75 $5.78 $9.50 ITEM #13 ALL CITY BALL CAPS BLUE *$6.40 $6.59 $9.50 iTEM #14 ALL CITY BALL CAPS GREEN *$6.40 $6.59 $9.50 ANNUAL-MiSCELLANEOUS UNIFORMS TOINCLI21DE EMBROIDERY/SiLK SCREENING ~Offers from th~ ven~for~l S~%d h ~er~i~ ar~ !h,e 9~IY offers BID OPENING DATE: FEBRUARY 2, 2000 BID OPENING TIME: 2:00 P.M. BID #: 032-1412-00/CJD ~m~eive~l [imely ~s bf the ~ibo?e i'eceiving date and time. AIl other offers submitted'in ~soonse to this solicitation. tf any, are hereby re ected as late ~. J. H. CHURCHWELL COMPANY ' ~LUCH CLOTHING COMPANY, NC [:OGO GEAR VENDORS P,O BO~(~.#1019 ;~1,0 S,E. 83:HAVENU, E, BA~A,:, ~ ~,,: ~,,tJDr~ NORTH "G" STREET '~'~NviLL~ "~[~ ~2~0'~ 0~'9 ~V~ToN BEACH; FL 33435 ~A~E W0~TH. FL 33460 (904) 356-572~ ~561) 734-9665 ~N: LEONARDR PAVEL~ A~N MJCHAELJ RSELEY .:A~N GREGTREHUBENKO SECTION 2 . :, PURCHASE OF UNIFORMS , SILK SCREEN ' ITEM ~15 $2.95 CI~ T-SHIRT GREEN $4.44 $3.57 XXL $6.15 ' ' XXL '$4.78 .... ' ITEM ~16 $~75 ;1~ T-SHIRT BLUE *$7.25 $5.09 XXL $*8.60 ' ~L $6.09 X~L $6.59 ITEM ~17 ' POLICE T-SHIRT BLUE $7,30 ' $5.68 ;' $4.95 - XXL $9.35 X~L ~ ~6 68 ~OLICE T-SHIRT BLUE ' ' $~2.65 ........ ~. 613.75 XxL 9.78 3OLiCE SWAT T-SHIRT LIS ~ ..... ;~ 3~5~ ;,:~. :~:.~;~L~ :- ~$9~8: ~J' ~TEM ~20 $4.95 POLICE SWAT T-SHIRT S/S $7.30 $~;'68" ~L $9.35 xXL ~ ~ $6;68 ITEM ~21 ~ ~ :IRE DEPARTMENT T-SHIRT WITH *$8.75 ~ ' ~ $~. 9 . ~ ~" $5.40 ~OCKET S/S XXL ~0.15 XXL $6.89 ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING BID OPENING DATE: FEBRUARY 2, 2000 BID OPENING TIME: 2:00 P.M. BID #: 032-1412-00/CJD "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation. if any, are hereby rejected as late" VENDORS J.H. CHURCHWELL COMPANY i KLUCH CLOTHING COMPANY, INC LOGO GEAR .... P.O. BOX#10'I91210s. E'8THAVENUE BAY4 'II10-ANORTH G STREET JACKSONVILLE, FL 32201-1019 !BOYNTON BEACH, FL 33435 LAKE WORTH, FL 33460 (904) 356-5721 (561) 734-9665 (561) 582-2201 ~TTN: LEONARD R. PAVELKA ATTN: MICHAEL J.,RISELEY ~TTN: GREG TREHUBENKO ITEM #22 FIRE DEPARTMENT GYM SHORTS *$9.75 $6.89 $6.75 XXL N/A XXL $7.20 SECTION 3 '"MBROIDERY AND SILK SCREEN FOR SUPPLIED PRODUCTS ITEM #23 FIRE DEPARTMENT POLO SHIRTS $5.50 $31.60 $26,50 EMBROIDERY ONLY XXL $33.29 ITEM #24 FIRE DEPARTMENT INSPECTOR $5.50 $31.60 $26,50 POLO SHIRTS EMBROIDERY ONI~Y XXL $33.29 CALENDAR DAYS 30 30 7-10 dUMBER OF PROPOSALS 1 1 1 SUBMITTED &NT -K CKBACK AFF DAV T YES YES YES SUBMITTED CONFIRMATION OF MINORITY YES/NOT YES/NOT YES/NOT OWNED BUSINESS SUBMITTED ;"O.ffem from the vendors Ii~ted herein are th~ o?ly offers BID~QRE~I.~G.DATE:.. FEBRUARY. 2,. 20Q0 ................ ;.receiveU,tjmely as ~f th(~t;~bl~ve :receivingdate.~nd .time~ BID OPENING TIME: 2:00 P.M. ,~11 o~hereffer~s subm fled n response tOthis so idtation, BID #: 032-1412-00/CJD if any, are hereby rejected as late" VENDORS . J. H. (~HURCHWE/L COMPANY ~LU~H CLOTI~ NG~COMPANY, NC LOGO GEAR P.O. BOX #1019 ' 2ri0 S.E. 8TH AVENUE BAY4 l~,~0-A NORTH "G" STREET ~_ ........ .. ~ .. ................. JAGKSO"VELE,~EL.~2Q~,~O.l.g(904) 356-5721 ..... (561BO~N~ON~BEACH') 734-9665 FL33435 ......~;~-I)LAKE WORTH, FL582.2201 33460 A~N: LEONA~R, pAVEL~ ~ A~N;-MIC~AE~,~.RISELE~ . .,~ ~N; G~EGTRE~BENKO ~O~I~ATION ~0~ DRUG~REE ' YES NO YES WORKPLACE SUBMI~ED COMMENTS *SEE NOTATIONS BROCHURES-ENCLOSED ..................................................... ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING BID OPENING DATE: FEBRUARY 2, 2000 BID OPENING TIME: 2:00 P.M. BID #: 032-1412-00/CJD PURCHASE OF UNIFORMS/EMBROIDERY ITEM #1 POLICE TRAINING UNIT GOLF SHIRT ITEM #2 POLICE CARDIGAN SWEATER ITEM #3 POLICE WHITE ADMINISTRATION GOLF SHIRT ITEM #4 POLICE CRIME SCENE GOLF SHIRT ITEM #5 POLICE CRIME PREVENTION GOLF SHIRT ITEM #6 POLICE DETECTIVE GOLF SHIRT MVP SPORTS 3600 S. CONGRESS AVENUE BOYNTON BEACH, FL 33426 I561 ) 738-7400 ATTN: ALBERTA J. COWLES . *$20.93 *$18.58 XXL *$20.13 *$2O.93 XXL _ *$22.53 *$2O.93 XXL *$22.53 *$22.53 _ 'Offers from the vendors Jsted heroin are the or~ly offers received ~imely as of the above receiving date and time. All other offers submitted In response to this solicitation, if any, are hereby rejected as late" P.O. BOX 12716 SCOTTSDALE, AZ 85267 (480) 368-9316 ~,TTN:JANET A, FIORUCCl $16.09 NO BID $16.09 XXL $18.23 $15.25 XXL $17.12 $15.25 $16.09 $18.23 245 LOCHAN COVE ALPHARETTA, GA 30202 (770) 754-9900 DISQUALIFIED NOT TYPEWRITTEN ANNUAL MISCELLAN:EOUS UN IFC RMS TO INCLUDE EMBROIDERY/SILl( SCREENING "Offers from the vendpm,ti~,t~d herein are the oDiy'offers BID OPENING DATE: FEBRUARY 2, 2000 ~ re~Dd i[imely:as of theal~0ve receiving date ane time· BID OPENING TIME: 2:00 P,M. - ......... '~il other ~flers sbbmitted in response tothis solicitation, BID #: 032-1412-00/CJD if any, are hereby rejected as ate" ' rV1VP SPORTS ~ ~N~i~q;I~j~OT~JR NG INC: ~E ODYSSEY IMAGING GRouP VENDORS ' 3600 S. CONGRES~ AVENUE p.(~. B~)X-1271'6-·'".~ - · ...... ~Z~ LocHAN COVE ~OyNTON BEACH, FL '33426 SCOTTSDALE, AZ 85267 A~LpHARETTA, GA 30202 (561) 738-7400 (480) 368-9316 ' (770) 754-9900 ATTN: ALBERTA J. COWLES ,~'J-I'N JANET A F ORuCCI · ' ITEM #7 J POLICE DIRECTED PATROL $20.24 $15.25 GOLF sHiRT XXL $21.65 XXL $'17.t2 ITEM #8 $12,19 POLICE - coDE ENFORCEMENT $16.70 GOLF SHIRT TEM #9 'RANSIT GOLF SHIRTS $16.87 $12.52 ***SEE NOTATIONS TEM #10 SUPERVISOR- POLO SHIRTS $15.78 $13.95 XXL $17.38 XXL ..$~5.~2 ITEM #11 - FiRE DEPARTMENT - BALL CAP $6.10 $3.97 ." ITEM #12 )OLICE BALL CAP $6.10 $3.32 \LL CITY BALL CAPS BLUE $6.10 TEM #14 ~,LL CITY BALL CAPS GREEN $6.10 $3~97 ANNUAL. MISCELLANEOUS. , ~ UNIFORMS~ TO INCLUDE EMBROIDERY/SILK SCREENING BID OPENING DATE: FEBRUARY 2, 2000 BID OPENING TIME: 2:00 P.M. BID #: 032-1412-00/CJD SECTION 2 PURCHASE OF UNIFORMS SILK SCREEN MYP SPORTS ~)NGRESS AVENUE BOYNTON BEACH, FL 33426 738-7400 ALBERTA J, COWLES "Offers from the ver~dors listed herein are the only offers re~ived timely as0f the above receiving date and time, All other offers submitted in response to this solicitation, if any, are hereby rejected as late" qG 12716 85267 )368-9316 ~TA. FIO UCCI 754-9900 GA 30202 ITEM #15 IRT GREEN TEM #16 CITY T-SHIRT BLUE POLICE T-SHIRT BLUE ITEM #18 POLICE T-SHIRT BLUE ITEM #19 POLICE SWAT T-SHIRT L/S ITEM #20 POLICE SWAT T-SHiRT S/S ITEM #21 FIRE DEPARTMENT T-SHIRT WITH POCKET S/S *$3.38 XXL *$4.76 $6.42 XXL $8.02 XXXL $9.62 $7.39 XXL $8.99 $11.40 XXL $12.40 $11.40 -YJ(L $12.40 $7.39 XXL $8.99 $7.17 XXL $8.62 $3.86 XXL $5.41 NO B ID $9.33 XXL $10.92 $12,39 XXL 13.51 $12.39 XXL $13.51 $7.90 XXL $9.49 $7.70 XXL $9.20 3ROI ANNUAL MISCELLANEOUS ~'~MS TOIi~CiZUDE EMi~RO!DERYISi[~K SCREENING "Offers fr~m the Ve~;~ted heroin am the oply offers BID OPENING DATE: FEBRUARY 2, 2000 ~ --~. - ~ ..... ?~7:~ - ~' ??:~' "~ ~:: ~: ~ :'~se to this~s0l~tion, ~ All other offem subm~ffe~ m rasp BID OPENING TIME: 2:00 P,M, if any, are hereby rejected as late" BID #: 03z-141z-uu/bJu ...... ,~,~-~-,~--,- -, , -. P VP SPORTS ' ' ~j~] RUF~TUR1NG, lNG ME ODYSSEY IMAGING GROU M , ~5 LOcHAN COVE VENDORS 3600 S CONGRESS AVENUE P.O, BOX 127'16 BOYNTON BEACH, FL 33426 8 ~ ~I~P~HARETTA, GA 302 2 (561) 738-74~)0 (~80) 368-93t 6 ~770) 754-9900 ATTN: ALBERTA J. COWLES ~TTN;JANE~ A..E ORUCCl ' i ' TEM #22 ~ -- ~ ' FIRE DEPARTMENT GYM SHORTS $8,87 ' $9.19 XXL SECTION 3 =MBROIDERY AND SILK SCREEN FOR SUPPLIED PRODUCTS ITEM #23 NO BID :IRE DEPARTMENT POLO SHIRTS $7.50 ITEM #24 NO BID FIRE DEPARTMENT INSPECTOR $7.50 POLO SHIRTS '1'0' CALENDAR DAYS NUMBER OF PROPOSALS SUBMITTED ~,NTI-KICKBACK AFFIDAVIT NO YES SUBMITTED CONFIRMATION OF MINORITY YES/YES CERTIFIED OWNED BUSINESS SUBMITTED ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING BID OPENING DATE: FEBRUARY 2, 2000 BID OPENING TIME: 2:00 P.M. BID #: 032-1412-00/CJD "OffersjY0m the vendom listdd heroin am the only offers mceNed'timely as of the above receiving date and time. All othei' offers submitted in response to this sollcitatior.. if any, are hereby rejected as late" VENDORS ~IVP SPORTS UNI'FO~RMS MANUFACTURII~IG, iNC THE oDYSSEY IMAGING GROUP 3600 S. CONGRESS AVENUE P.O. BOX 12716 ;~45 LOCHAN COVE BOYNTON BEACH, FL 33426 SCOTTSDALE, AZ 85267 ~,LPHARETTA, GA 30202 (561 ) 738-7400 (480) 368-9316 [770) 754-9900 ATTN: ALBERTA J. COWLES ATTN:JANET A. FIORUCCl CONFIRMATION OF DRUG-FREE } NO YES WORKPLACE SUBMITTED 3,OMMENTS SEE NOTATIONS [] ^p~l lS. 2ooo CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final FormMustbe Turned !n to CiW Clerk's Office March 8, 2000 (5:00 p.rm) March 22, 2000 (5:00 p.m.I Apffi 5~2000 (5:00p.m.) April 19,2000 (5:00p.rt~) Requested City Cormmssioa Meetmg Dates [] May 16, 2000 [] June 6,2000 [] June 20, 2000 [] July 5, 2000 IV-CONSENT AGENDA ITEM 6.3 Date Fir[al Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.nr) June 7, 2000 (5:00 p.rm~ June 21. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmis'ned Business [] Announcement [] Presemation RECOMMENDATION: Motion to award the "PURCHASE OF THREE (3) NEW DIESEL POWERED, DUAL WORK STATION, 20 FT. KNUCKLE BOOM REFUSE COLLECTION VEHICLES", Bid #037-2516-00flKR. to Atlantic Truck Sales, in the amount of ~. LANATION' On February 29, 2000, Procurement Services opened nine proposals for the above mentioned bid. EXP ' - ........ -'~ ~-~ ~-~ ~tiantic T~uck Sales of Ft. Lauderdale, Florida is the lowest, All proposals were revieweo aha It was ueternua~u ma~ ~ most responsive, responsible bidder who meets all specifications. Robert Lee, Fleet Administrator, Public Works Department concurs with tlds award (see attached Memo #00-034). PROGRAM IMPACT: The purpose of this bid is to secure a source for the purchase of three (3) new diesel powered truckS. The trucks require a 20 ft. telescopic klmclde boom with a dual work station for use in the Sanitation Division of the Public WorkS Department- FISCAL IMPACT: BUDGET ACCOUNT ~. BUDGETED AMOUNT 501-2516-519.64-31 $ 270,000.00 ALTERNATIVES: ~ D~'fi'~ -ISirector of Financial Services Procurament Services Departmem Name S: BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC .DEPARTMENT OF PUBLIC WO~SMEMORANDUM #00-034 To: Thru.: From: Subj: B/il Atkins, Deputy Director of Finance C~s Roberts,. Interimi Public WoglcS~:~e~tor.~ Robert H. Lee; Fleet Administration ~ Bid #037-2516-00/KR Date: March 2, 2000 After reviewing all the bid packages provided by the various vendors, talking with S61id Waste management team, we feel that bid #037- 2516-00/KR should be awarded to Atlantic Truck Sales of Ft. Lauderdale. I wOuld like to. also: oim :p out that this vendor, by the tabulation sheet, was the low bid for this product.. Fleet Adminis~ tration account #50 t-2516-5519.64-31 has reserves of $270~000.001fo~ the purchase of three"'Setf, Loading Bulk Trash" trucks. Atlantic Truck sales has quoted a cOSt of $77~949.00 each unit for a bid total of $233,847.00. This is a savings of $36,153.00 from the budgeted funds. BILL ATKINS, DEPUTY DIRECTOR OF FINANCIAL SERVICES DATE -: 3/3/00 PURCHAS£ OF THREE (3) NEW DIESEl POWERED, DUAl WORK STATION, Please award to Atlantic Truck Sales of Ft. Lauderdale. 20 FT. KNUCKLE BOOM REFUSE COLLECTION VEHICLES ** LOWEST. MOST RESPONSIVE, RESPONSIBLE BIDDER WHO MEETS ALL SPECIFICATIONS BID OPENING DATE: FEBRUARY 29. 2000 BID OPENING TIME: 2:30 P.M. BID # 037,2516-00/KR "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. AII76th~6~ 6ffer~bi~itted in response to this solicitation, if any, are hereby rejected as late" /ENDOR~ - " ~' ATLANTIC TRUCK SALES --RNIE.HAIRE FORD, INC, GENERAL GMC TRUCK SALES 2565 W. STATE ROAD 84 )545 N. FLORIDA AVENUE 360 SOUTH MILITARY TRAIL FT. LAUDERDAIE, FL 33312 tAMPA, FL 33612 WEST PALM BCH, FL 33415 ~TTN: GEORGE ELLISON %TTN: YOUNGS ABRAMSON ATTN: 'LEONARD DE SANTI '~800) 226-8226 '813) 933-6571 561) 686-8906 CAB/CHASSIS: UNIT PRICI~ . $40,400.00 ~ $43,569,00 $45,164.00 ~ $13o 7o~,o EXTENDED PRICE $121 200.00 0 ' '. - $135,492.00 KNUCKLEBOOM LOADER ASSEMBLY: UNIT PRIC[ $3~;546.00 $3L546;00 $37,546.00 EXTENDED PRIC? $112,638.00 $112,638.00 $112,638.00 TOTAL AMOUN; $77,949.00 $81,115.00 $82 710,00 GRAND TOTAl $233~847.00, $243,345.00 $248,130,00 CALENDAR DAYS ' ~ 180 120 ~ 150-250 NUMBER OF BID PROPOSALS SUBMITTED . 1 I 1 SPECIFICATION "CHECK-OFF SHEETS SUBMITTED *YES *YES *YES WARRANTY INFORMATION SUBMITTED YES YES YES PURCHASE O.F THREE (3) NEW DIESEL POWERED, DUAL WORK STATION, 20--FT~KNUCKLE*BOOMREFUSE-COL~EECTION VEHICLES BID OPENING DATE: FEBRUARY 29, 2000 ~Offem from the vendors sted here n ~are the on y offers B'I'D-OPEF, II IqG TIE4E~'2~-3'0--P.M~ ~e!¥--~l 'fl~m~l' ~y~a"~i ~f' }h~'ab~e're(~e vt~ date and ii~e. BID # 037-2516-00/KR ~il-~.ther;offers ~Ob~J~ted n response ;to this solicitation, VENDORS ~ ~T~NTIC'~TROCK~AL~ES ...... ERNIE HA{I~'E FORD, INC .G.ENERAL GMC TRUCK SALES ..................................... ~i ~5~..$.T~TE ROAD 84 ...... 9545.N. ELORtDAAVENuE ~ :~6QSOUTHMLT~RYT~L' ' ; FT. LAUDERDALE~ FL 33312 TAMPA, FL 336~2 ' , ' WEsT PALM BCH~,:~L 33415 CA'B/CHA~S1SMANUFACTURER ............. ~TEREING ...... -~'FO~OT~ROOMPANY ' ~ ' ' ~ G~C ~/ORA~SiB-~Ob~L ' ..... ~001 L7501 ~ ' F75OR~GU~CAB r ~ ~ C7H042 ~EMBE~ E~ER~EN~INDD~T PE~ER~E~:i~'DO~TRIES ...... ~NOCELEBO~M EOA~ERAS ~ ~' ' P RIES .... PETERSEN~ NDUSTR ES MODEL ' TDB 2030 FHD DUMP BODY TDB 2030 FH~DuMP BODY 'ANTFK'[CKBACK 'AFFiDAViT .................... ~ ......... ~:' ~" ' ~ - ~BMI~ED ............................ .-YES ................................. -YES ................. , - YES OWNED BUSIN SUBMI~ED ~ qT ORKPCESUBMI~ED ' YES YES YES BROCHURES ' BRoGHURES~;~-~ ::~;. ~ ~?~':~ · ' BROCHURES PURCHASE OF THREE (3) NEW DIESEL POWERED, DUAL WORK STATION, 20 FT. KNUCKLE BOOM REFUSE COLLECTION VEHICLES BID OPENING DATE: FEBRUARY 2§. 2000 BID OPENING TIME: 2:30 P.M. BID # 037-2516-00/KR "Offers from thevendors listed herein are the only offers received timely as of the above receiving date and time. All ~)tlle'r'offbr§ submitted in:response to this solicitation, · if any, are hereby rejected as late" VENDORS FOUNTAIN MOTOR CO. PALM BEACH TRUCK & EQUIP, PALM PETERBILT D,B.A. KING TRUCK CENTER 37B? INTERSTATE PK. RD WEST 5750 ORANGE AVENUE 3000 CLARCONA ROAD, ¢t417 RIVIERA BEACH, FL 33404 FT. PIERCE, FL 34947 APOPKA, FL 32703-8734 ATTN: KIRBY TUCKER ATTN: JOHN DOHNER ATTN: SKIP REIKER 1561) 840-9800 (561)489-2300 (407) 888-5319 UNIT PRICE $43,451.00 $41,861.00 $56,342.00 EXTENDED PRICE $130,353.00 $125,583.00 $169 026.00 KNUCKLEBOOM LOADER ASSEMBLY: UNIT PRICE $37 546.00 $37 546.00 $37,546.00 EXTENDED PRICE $112,638.00 $112,638.00 $112,638.00 TOTAL AMOUNT' $80,997.00 $79,407.00 $93,888.00 GRAND TOTAL $242,991.00 *$238,221.00 *ADDITION ERROR $28t,664.00 CALENDAR DAYS 180 1ST 120-150; 2ND 150-180 1ST t50; 2ND 180; NUMBER OF BID PROPOSALS 3RD 180-210' 3RD 210 SUBMITTED, I 1 1 SPECIFICATION "CHECK-OFF" SHEETS SUBMITTED, *YES *YES *YES WARRANTY INFORMATION ~ SUBMITTED YES YES YES cAB/CHASSIS MANUFACTURER GMC TRUCK INTERNATIONAL p~ ~ t::~BILT CAB/CHASSIS MODEL TC 7H042 47004X2 ' 330 KN0~t~L'i~..~'O~O~OAO'E~A~SEMBgY ' ~PETERSEN IND~ST P'E~ERSEN' ~0S~RIE~ PETERSEN INDUSTRIES MANUFAC~U~ ...................... ~ ~ KNUCKLEBOOM LOADER ASSEMBLY TL3 LiGHNING LOADER TL3 TL3 LIGHTNIN~ LOADER MODEL _ . *~AORMENT TDB 2030 ¢HD DUMP BODY ANTI-K CKBACK AFFIDAVIT YES YES YES SUBMI~ED . CONFIRMATION OF MINORI~ YES/NOT : -~., ',~ES(NO~ :' ;, · ;; ,YE~/N~T CONF RMAT ON 0F DRUG-FREE NO YES .; YES. WORKP~CE SUBMI~ED ' ~ .... ~' ' -- ~ * A r. ~SEE NOTATIQNS COMMENTS 'SEE NOTATIONS SEE NOT TIONS BROCHURES BROCHURES EE~ER OF EXCEPTION ' .... BROCHUR S PURCHASE OF THREE (3) NEW DIESEL POWERED, DUAL WORK STATION, 20 FT, KNUCKLE BOOM REFUSE COLLECTION VEHICLES BID OPENING DATE: FEBRUARY 29, 2000 BID OPENING TIME: 2:30 P.M. BID # 037-2516-00/KR "offers fi'Qm the vendors listed herein amthe0nlyoffers r~cei~,e~l ~i~hely'as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby.rejected as late" VENDORS RDK TRUCK SALES & SERVICE ~ RDi( TRUCK SALES & SERVICE . RDK TRUCK SALES & SERVICE 3214 ADAMO DRIVE TAMPA, FL 33605 ~LTERNATE BID' ALTERNATE BI~)' . ATTN: KARRY KELLER (813) 241-0711 UNIT PRICE - EXTENDED PRICE KNUCKLEBOOM LOADER ASSEMBLy; . UNIT PRICE EXTENDED PRICE ~TOTAEAMOUNT ....... $84;543.00 ~ $76,543.00 $74,543.00 GRAND TOTAL $253,629.00 $76,543.00 ; $74,543~00 CALENDAR DAYS 30 DAYS (I IN STOCK, 2 IN IN STOCK IN STOCK ' PRODUCTION) NUMBEROF BID PROPOSALS - '~ '' ' SUBMITTED I 1 1 ICATION SPECIF "CHECK-OFF" *YES *YES *YES SHEETS SUBMITTED , O WARRANTY INFORMATION NO N NO SUBMITTED . PURCHASE OF THREE (3)+NEW DIESEL POWERED, DUAL WORK STATION, 20 FT. KNUCKLE BOOM REFUSE COLLECTION VEHICLES BID OPENING DATE: FEBRUARY 29. 2000 '~Qffe~:s fromthe:v~nd0rs I{sted herein are the only offers BID OPENING TIME: 2:30 P.M. i~ceived-time~y aS. ~,~he above r~cei~;ihg date and time. BI D # 037-2516-00/KR ................... ~,lt ~th~r ~ff~t~' ~b=~itt~~ d~t'esp0nse''t~ this solicitat on, if any, are hereby rejected as late" ~/'E~N~O~'-~ ......... ~ ........ RDKTRUCKSA~ES'&~S"ER~ CE RDK TRUCKSALES~&~'~ERVICE RDK TRUCK~SALES & SERV CE 3214 ADAMO DRIVE - · '~AMP/~;-~:I~ :~:~605~ ...... [ .......... ALTERNATE B~D~: A~N: ~RRY KELLER CAB/CHASSIS M~UFACTURER ' IHC ' NEW 2000 tQ99 RENTAL FLEET DEMO 1999 RENTAL FLEET DEMO CAB/CHASSIS MODEL 4900 FL 80 7500 {NOCKEEBOOM~EOADER~ASSEMBLY ~ ':NO L~iFE::E~N~AE~-iNC;~? ~NU UFE~ENVIR~NMEN~AL~ING. .- ;' NU LIFEENVIRONMENTAL. INC.. MANUFACTURER ' KNUCKLEBOOM LOADER ASSEMBLY 1700B 1700B 1700B MODEL ANTI-KIC KBACK AFFIDAVIT YES YES~ ............. YES SUBMI~ED CONFIRMATION OF MINORI~ YES/NOT CERTIFIED YES/NOT CERTIFIED YES/NOT CERTIFIED OWNED BUSINESS SUBMI~ED ~ -~ : ',' ' "~- ~ - ' ~ ~ ~"; '~': '~ '~<':': ' CONFIRMATION OF DRUG-FREE NO , ~,~,~ ~: NO, NO WORKP~CE SUBMI~ED COMMENTS ' *SEE NOTATIONS *~ NgTA~IO~' EE NoTATIoNS ~' ~ ~' ~ ~ STOCK NUMBER C219 ~~'~;~7 ~""; ':~, ~CK NUMBER C167 BIDDER'S $~ ,~-IN SHEET (P~ease Print) NAME OF BID: BID NUMBER: BID OPENING DATE: BID OPENING TIME: PURCHASE OF THREE (3) NEW, DIESEL POWERED, DUAL WORK STATION, 20 FT. KNUCKLE BOOM REFUSE COLLECTION VEHI(ql ES 037-2516-00/KR FEBRUARY 29, 2000 2:30 P.M, ~AME OF COMPANY REPRESENTATIVE ADDRESS PHONE NUMBER FAX NUMBI R CITY~ STATE & ZIP W/AREA CODE Requested City Commission Meeting Dates [] March 21. 2000 [] April 4, 2000 [] A~l is, 2000 [] May 2. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 8, 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) Apri{ 5, 2000 (5:00 Em,) Requested City Commission Meefin~ Dates [] May 16. 2000 [] June 6,2000 [] June20. 2000 April 19, 2000 (5:00 p.rm) [] July 5, 2008 IV-CONSENT AGENDA ITEM B.4 Date Final Form Mu, st be Tm'ned in to City Clerk s Office May 3, 2000 (5:00 p.m.) May 17, 2000 I5:00 p.m.) Jane 7¢ 2000 (5:00 p.m.) Jtme gl, 2000 ~5:00 p.m3 NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] PablicHearing [] Legal [] Bids [] UnfmishedBusiness [] Announcement [] Presentation RECOMMENDATION: MOTION to approve the purchase of a SANI)PRO 5020 ,BUNKER RAKE WITH ACCESSORIES m the amount of $1t,839.22 from HECTOR TURF INC. utilizthg the GENERAL SERVICES ADMINISTRATION (GSA) CONTRACT #GS-07F-9956H. EXPLANATION:I Procurement Services recgived a,request from GOLF COURSE to purchase a SANDPRO 5020 WITH ACCESSORIES from GSA Contract #GS-07F-9956H :¢Contrac~ Period March 1, 1996 ~hrough Febru~y 28, 200t] in the amount of $11,839.22. This purchase wilt replace SandPro Bunkc~ Rake. Serial Number 90485, Model 08880. Procurement Services requests Commisston's review, evaluation and purchase approval. PROGRAM IMPACT: The purchase of th~ engine powered rake will assist in reducing extensive manpower for performing tasks in relation to plowing bunkers and pushing plugs. FISCAL IMPACT: This purchase will come from the Reserve for Maintenance Equipment. Account Number 411-2911-572-99-13 $11,840.00 ALTERNATIVES: Operating gotf course equipment is scheduled for replacement based on life expectancy and replaced as repairs to existing equipment impacts opemtious. Alternative would be to keep curreur equipment that is costly to repair and potentially impacts maintenance of the golf course~ Depmy Director Financ'~al Services Procurement Services Department Name City Muaag~r's ~ignarure City Attorney / Finance / Human Resources S :kB ULLETINkFO RMSkAGENDA ITEM REQUEST FORM.DOC 82/2572~0 11:5~ 561~661700 YH~ LINKS ~T B~ ~E 02 Date; 2/16/2000 To: Joe*:S~,,MP, Golf Director Fror~. Banie~':F.-Miller, ~GGS;-Golf'Course SuPerintendent During the 99-00 fiscal ..year we are scheduled to replace the last Sand Pro, bunker rake. ! recommend: replacing it with another Sand Pr~= I am recommending the srnithco rakes. problem over time. we have had ~ bunkers or to OVer $7 Daniel F. Miller, CGCS I in FEDERAL, SUPPLY SCHEDULE GSA PRODUCT PRICE BOOK Modification# AS 10 CONTRACT EFFECTIVE DATE MARCI-[ 01, 1996 THRU FEBRUARY 28, 2001 MODEL C~i~CT*~: GS-0?F-9~SEH 2001 ,) 251-05 08884 251-05 08885 251-05 0S888 251-09 251-09 251~09 251-O9 251-09 08550 25~-09 08857 251-09 08856 251-09 088~ 251:09 0~859 251,09 23-2750 251-09 95-?860 251-09 98-G065 251,09 92 ~162. S.A~ND · r4 ~0 OPTZONAL ACOg~SOHIE$ 08858 or 08859) 3020 5020 ~000) 820 Or 08821) ~,~033.25 / 492.03 921.69 1,726.72 265.65 265.65 ~,285.S1 601.75 86.62 180.84 ~.33 132.~7 12.66 13.06 74.18 85.95 25.18 13.48 PRICES QUOTBD FOB DESTINATION Wi=~N ~ 45 CONTX6~0~ STATES. WASH~NGTON~ DC, O~ NEAREST PORT OF EMBA~T~ON FOR OV'I~P.~ SH~S PA~E Requested City cormmss~on [deelin g Dates ~ March 21, 2000 [] April 4, 2000 [] April 18,2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in. ~o C~'tV Clerk's Office March 8, 2000 (.5:00 p.m.) March 22, 2000 (5:00 p.m.) April 5, 2000 (5:00 p.m.) April 19,2000 (5:00 p.m.) Requested City Commission Meeting Dates [] ~May 16, 2000 [] June 6, 2000 [] June 20, 2000 [] July 5, 2000 IV-CONSENT ITEM B.5 Date Final Form Must be Turned in to Ciw Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.~ June 7, 2000 (5:00 p.m.) June 21, 2000 (5:00p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Bnsmesa [] Announcement [] Presentation RECOMMENDATION: MOTION t° appr°ve thc "SURPLUS VEItlCLEfEQUIPM~NT LIST' as submitted bY Staff and allow selling of same. · ervtces has reviewed the "SURPLUS VEtlICLE/EQUIPMENT LIST" as submitted by EXPLANATION. Procurement S . .' ....... ~h di~nnsal orocess for surplus vehicles will allow the FLEET ADMINISTRATION' Utilizing the Clt~ vehicles/equipment to be auctioned and generate revenues to the Vehicle Service Fund. Procurement Services requests Commission's rex-iow, evaluation and approval to sell the surplus property. for maintaining inventory and revenue reimbursement through a momtored processen oy rrocureme - FISCAL IMPACT: The revenues generated from the sale of surplus vehicles/equipment will be placed in the Vehicle Service Fund in the following account. Revenue Reimbursement Account #501-0000-365-0L00 Sale of Surplus Equipment ALTERNATIVES: Maintain thc vehiales/equipment in inventories with high maintenance costs which could conceivably impact operations due to down time £or repairs. Deputy Director of rinencial Services / Procurement Services City Attorney Finance Human Resources Department Name cc: Chris Roberts- Pubhc Works Robert Lee - Fleet Maintenance Hoyt Johnson - Finance File S :~BULLETIN~ORMSXAGENDA ITEM REQUEST FOISt.DOC To: Thru: From: PUBLIC WORKS MEMORANDUM #99-237 Bill Atkins, Deputy Director, ProcUrement Chris Roberts, Interim Public Works Director Sub j: Excess Light & Heavy Vehicles for A~ction Date: March 2, 2000 The vehicles listed below are units that have been replaCed over the past two budget years (98/99- 99/00). These units are beyond reasonable repair costs, requiring removal from the City Fleet. Request tfohrat these units be approved for auction and senta local dealer auctiOn disposal. ID #: YEAR / MAKE: MODEL: SERIAL # 0074 0079 0O80 0082 0085 0083 0087 0142 0324 0323 0411 0420 1989- MACK 1993 - FORD 1992 - MACK 1991 - MACK 1992 - WHITE 1992 - MACK 1995- MACK 1990- FORD 1990- CHEV 1985 - FORD 1991 - FORD 1992-- FORD DM/REAR 1M2B179COKM004522 F-800 / REC 1FDYK84P3MVA38247 MR/EZ-PK' 1M2K185C2NM004554 MIDLINER VG6M114B5MB200796 F/LOADER 4V20CFME1NN653624 MR/EZ-PK 1M2K185COPM004958 MR / EZ-PK IM2K185C8SM00590I TON VAN 4-DOOR TON VAN 4-DOOR 4-DOOR IFTFE24YXLHA731129 1G1BL54ZXLA148119 IFTDE14F9FHC24725 2FACP72GSMX109790 2FACP72WXNX206911 0422 0424 0425 0441 0442 0644 0697 3506 8025 8081 80~ 8094 1992 - FORD 1992. FORD 1992 - FORD 1994- FORD 1994- FORD 1989 - DOD GE 1994- FORD' 1989 -FO~- 1975- SAT 4~OOR 4-DOOR 4-DOOR 4-DOOR &DOOR 1/2VAN 4-DOOR DRAG 2FACP72W4NX206911 2FACP72W1NX206915 2FACP72W3NX206916 2FALP71W4RX145454 2FALP71W6RX145455 2B7GBI 1X8KK307976 2FALP71WORX145452 2FAPP36X7KB214653 S6505 91003771 91004562 4497ALI322NF Requested City :Cpmmission · Mee~n~Dat~s [] March 21, 2000 [] April g, 2000 [] ApriI 18, 2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ha to City Clerk's Office March 8. 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) April 5, 2000 (5:00 p.m.) April 19, 2000 (5:00p.m.) Reques~d CityCommis~on [] May l~2000 [] June 6, 2000 [] Juni2~ 2000 [] J~yS, 2000 IV-CONSENT ITEM B.6 Date Final Form Must'be Turned in to CRv Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.rr~) Jane 7, 2000 (5:00 p.rd.) June21, 2000 (5:0Op.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UnfmisttedBusiness [] Announcement [] Presentation RECOMMENDATION: A motion to award the "ANNUAL BID FOR DUMPSTER REPAIR (2"a Re- Bid)", Bid #024-2510-00/SP, to Container Maintenance Corporation, with an estimated annual expenditure of $40,000.00. CONTRACT PERIOD: MARCH 22, 2000 TO MARCH 21, 2001 EXPLANATION: On January 5, 2000, Procurement Services opened the above mentioned bid. Of the three bids received, Container Maintenance Corporation of Royal Palm Beach, Florida is the lowest, most responsive, responsible bidder who meets all specifications. Chris Roberts, Interim Public Works Director and Larry Quinn, Solid'Waste Manager concur with this recommendation (see attached Memo ~4}0-015). PROGRAM IMPACT: The purpose of this bid is to provide the City with a cost effective and timely source of service for the repair of the City's dumpsters. FISCAL IMPACT: BUDGET ACCOUNT # 431-2515-534.46-93 Deputy Director of F/nancial Services Date Department Name EST. ANNUAL EXPENDITURE $ 40,000.00 City Manager's S'ign~ture City Attorney / Finance / Human Resources cc: Larry Quinn, Solid Waste Manager File S:kBULLEmF1NWORMSXAGENDA ITEM REQUEST FORM.DOC Bill Atldns, Deputy Finance Director Christine Roberts, Interim Public WOrks Director ~ DATE: : ~[anuary 19, 2000- ' SUBJECT: Annual Bid for Dumpster Repair 2na Re-Bid) Bid ,g,024-2510-00/SP Based on the attachefftabutafion sheet I have received it is my recommendation that the bid be awarded~fo the CONTAINER MAINTENANCE CORPORATION. The recommendation is to award based on the apparent low bid. LQ/pl Attachment BILL'~TKi'/~, DEPUTY DIRECTOR OF. FINANCIAL SERVICES *LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER ~~WASTE MANAGER ANNUAL BID FOR DUMPSTER REPAIR (2nd Re-Bid) "Offers from the vendom listed hereiq are the only offers BID OPENING DATE: JANUARY 5, 2000 ~ .~r ce~-~-~ed imely ................. as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. ^, other offem submRted in response to this solicitation BID #:' 024-2510-00/SP · lili ?:~[a.y, are hel~eby ~ejected as ate" ' VENDORS . · ~ '- ~ ~,~21 st CENTURY WELDING CONTAINER,MAINTENANCE CORP, ~"DWARDLAMONS SERVICE, INc. ~ 'P.O, BOx 210783 320 NE 13TH AVENUE · 199 NW 28TH STREET, #6 ROYAL PALM BEACH FL 33421-0783 ~OYNTON BEACH, FL 33435 ' ' BOCA _R~.yON FL 33431 (561) 753-1544 ~ ul u-~,* ,=~,'5~I~3~8-3~4'~'~'~CECCHINI ~ MARIAA. PISZ pREs. · ~' CUBIC YARD $240~00 $~140.00 NO BID 3 cUBIC YARD NO BID 4 CUBIC YARD $350,00 ' $185 00 NO B D 6 CUBIC Y~,RD $380.00 . ~;260,00 NO BID 8 CUBIC YARD $450.00 ' $275.00 NOBID ADDITIONAL WORK (PER HOUR) $55.00 $35.00 . ' . NO BID 2' CUBIC YARD · NO BiD $140.00 NO BID 3 CUBIC YARD 'NOBiD ...... $1 ?0.00 . NO BID 4 CUBIC YARD NO BID ' · $'[85.00 NO BID 6 CUBIC YARD NO BID $260.00 ! - NO BID CU ' NO BID 8 BIC YARD NO BiD $275.00 ~ ADDIT ONAL WORK (PER HOUR) NO BID $35.00 NO BID ANNUAL BID F0~ D'd~;rER'~'~'ii~(2nd ...... Re-Bid) BID~OPENING DATE: JANUARY 5, 2000 .... BID OPENING TIME: 2:30 P.M. "Offers fm~ ti - 199 NW2~TH STREET fl6 ~ A~AEPALM,~EACH, FL 33~21-0183 iOYNTON BEACH FL 33435 ' BOCA ~TON, FL 33431 (561)753;15~4 ~' ? '" ' '~ ~ (56~) ~68-3444 NED CECCH NI MARIA A. PISZ PRES. : · ~UMBE~0F B D PROPo~ALS . ,,, _ ._ ,. _, .' ..... , , ~ sUBMI~ED ~ : 1 ' ' 0 ' Ng_ ,.~ * S .YES. SHEETS SUBMI~ED .~ :, ~ '~ ;USTOMER L ST SUBM ~ED YES - YES ~ ~', -' . NO ~DAv ' ~E CK ACK F ANTI-KI B A F IT NO ~, ~ ;~ ....... Y. ES SUBMI~ED YES/NOT A MINORI~ ~ , YES~E CONFIRMATION OF MINORI~ NO OWNEDBUS NESS · : ~: , NO~'GE~ FlED OWNED BUSINESS SUBMI~ED ...... , REE CONFIRMATION OF DRUG-F ~ ~ WORKPLACESUBMI~ED , NO -'" "' ~' YES~ : ''~ "/~ ~?.~ ,' ~, - 'YES FORMS BIDDER'S SIGN-IN SHEET (Please Print) NAME OF BID: BID NUMBER: BID OPENING DATE: BID OPENING TIME: ANNUAL BID FOR DUMPSTER REPAIR (2ND RE-BID) 024-2510-00/SP JANUARY 5, 2000 2:30 P,M. NAME OF COMPANY REPRESENTATIVE , ADDRESS . PHONE NUMBER FAX NUMBER · · ~ ,' - r ,, · C~f~,5'TATE & ZIP ~ . W/AREA CODE ~ Requested City Commission Meeting Dates [] March 21,2000 [] April 4, 2000 [] April I8, 2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit~ Clerk's Office March 8, 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) April 5. 2000 (5:00 p.m.) April 19,2000 (5:00 p.ra.) Requested City Commission Meeting Dates [] Mayl6, 2000 [] June 6. 2000 [] June 20.2000 [] July 5, 2000 IV-CONSENT ITEM B. 7 Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7, 2000.(5:00 June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] DevelopmentPtens ~ Consent Agenda; [] New Business [] Public Hearing [] Legal [] Bids, [] Unfinished, Business ~ Announcement [] Presentation RECOMMENDATION: MOTION to aplxove the MOTOROLA SERVICE AGREEMENT FOR THE MAINTENANCE OF THE RAI)IO SYSTEM for a twelve (12) month pariod in an mount not to,exceed $ 73,176.60. EXPLANATION: Procurement Services has~eviewed the request from COMMUNICATIONS DIVISON to have MOTOROLA provide a SERVICE AGREEMEaNT for the maintenance of the radio system. This agreement will cover both preventive maintenace and repairs for caI~ndar year 2000. The radio system consist of Motorola eqtupmear and software. The current agreement has been in place since 1992 with no price mcreases, but a change in the agreement will allow for a 5% increase which is reflected in the amount Of $ 73,177~.60. Procurement Services requests Commission's review, evaluation and approval. PROGRAM IMPACT: Due to the critical natiare of the radio system for public safety and public service the continual timely maintenance and repairs ~s necessary. FISCAL IMPACT: Funding.~l~L_the repairs and maintenance of the radio system will come from: BUDGET ACCOUNT ALLOCA~ON 001-1810-519-46-24 Radio Repairs $ 73,176.60 ALTERNATIVES: Prepare a formal bid with specifications to maintain and repair the radio system. Deputy Director of Financial Services Procurement Services Department Name cc: Phylis$ Dixon - Communications File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORuM.DOC  /City-Manager's 8ighat~e City Attorney / Finance / Human Resources COMMUNICATIONS DIVISION MEMORANDUM To: ~ Bill Atldm, Assistant F~nance Director From: Phyllis Dixon, Interim Communications Manager Re: Service C0nlxact-Maintenance Agreement: Motorola Date: ' i',{hrch 8, 2000 The city has an existing Service Agreement with Motgrola for mainte~iance of the radio system~ The agreement cov~ the radio system'to include the backb0ne and subscribe~mts., It provides 24 x 7, four hour response for major problems, and next day service for minor problems. Both preventative maintenance ~d repairs a/e covered Not covered are ab,nsc, water damage, or acts of God (e.g. ligbmi-g). Charges kre ~o~tht~?~ billed quarterly. The current agreement (through 12-31-!t9~ has been in. place'with n~o pnce!~eas~:slnce !992, and has been automatically renewed annually. Mgtorola contracts the service t6 regi0nal Motoioh anthurized g~rvice facilities but is ultimately responsible for compliance. The agre ~er~ae~ ~t i~ up for renewal with a 5% ~ncrease effective January 1, 2000 and has been under review by the iCft~ Menag~'s 6ffice.. ~Tl?;purchase requisition submitted covers ~nanee through June 2000. A new system {vas:alsticipa~ed l~'then, hOWeVer the implementati°n,-has:been moved back. pUrchase of a r~placemanlsyste~ hgs~ been delayed. That System will l~e~0vered, ~umter facto~ wananty for a ×ear, after which, a new maintenance agr~emant will have t0 be negotiated, I.r ~comm,e ,n, ~ ~ _tjX. ~ agreement,l~.e apprgved~ sole source, ~;, .Moterola re~,r~esponeibility for equipmen~ mugh pf,~hich is p~ropn~etary. · IVi0tur~l~, retains~m sponsibi~ty, fur ~e~vi~e: le, v~!s o f subc ,ontract0m , ~Indiwdu,al~ermceshops~grea~gmquality,andwe, haveexpenanceddifficult~eswith authorized Shops,~ultimately forcing~a change thrbugh Motorola. · Due td the critical nature of the radio System for public safety and public service, lany interruption of service is unacceptable. There is an outstand~g invoice (#800~1~202) for service from February 2 to April 30; 2000 in the amount of $17~331,41. This invoice is due and payable andshoutdbe charged to the Communications Division, Thank you, ~ ~ Cc: Wilfred Hawkins, Interim City Manager G:\WordkRadio~Jvlaintenance Agreement 2000 MOTOROLA 1.800-247-2346 Communications and Electronics, 1307' E Algonquin Road Schaumburg, Illinois 60196 CUSTOMER NAME: ATTN: Hu~h McCaffre), city of Boynton Beach SERVICE AG,.-'EM ENT (PL~S~ p..m SiC CODE 12/20/99 CUSTOMER/AGREEMENT ORDER #: 00_nA5~.~014390 CUSTOMER #: 1000303074 -BILL TO EQUIP AT TAG #: TAG #: BILLING ADDRESS: 100 E. Boynton Beech Blvd. CITY: . STATE_~__._. ZiP: 33425 .... Ol~iSJfON: . SD fixEql~lloN DANTE: CUSTOMER PHONE #: 5611r742~O3t (8outhern Division) (CIRCLE ONE) '[] COVERAGE PLL lID.A, PAGE_ 1_ OF _2__ · I BI~LG~iGEB.T~nk x . !06.9Q 1.91~,g( Team ~ 1 D~,s~e C~r x I ' , 3 AROORE [e ...... x . t6.~ ~.~ X 28.~ ~.~ c.Ta se 6 D~TD~ ~ x ' 21.~ 1~ ~ [ ] NEW [~ SUPERSED 2 ;~14t~ RM~ T~ x 19.7( - ~.~ AGREEMENT . ~ . ~RE~MENT NUMBER (8): 350803265093e6 ~ H~WNA $~ x 8.~ 3t 9~ 2 L~VLB'B~~ x"' 2t.~ 42,~ B p.O.~Em TOT~ ~R ~NTH $1,910.40 , PAYMENT CYCLE: T~ EXEMPT: T~5 ~T~ [~ANNUALLY ~ ~8. A~ACH EXERT TOT~ ~SEMI-~NNUALLY CER~A~ ~ ~ ~ ~ Mike BuMI~ ]QUARTERLY I I ~ ,,~.~A ~TOR0~s~ES~E~EREPRESEmA~NT~ PAGER~ ' iOTHER(SPECIFY IN SPECIAL-INSTRUCTIONS) vem~ev~T~ CUSTOMER COPY Motorola Sales Rep Copy MOTOROLA ;' 1-~00-247-2346 Communications and Elecfronios, Inc. 1307.E Algonquin Road Schaumburg, Illinois 60198 CUSTOMER NAIdE: City of Boynton Beach ATTN: ,Hu~lh McCaffre), BILLING Al)DRESS: · - 100 E: Boynton Beach Blvd. TAG #: TAG #: CONTRACT START DATE: AUTo ~EHL~ ~ EXPIRATK~ 'l~fE: 1-Jan-00 r---'~YaS E~]No t2731100 L '5 ' U~12 ~ ~ 15.75 7B;7E - TOT~ PER T T~ ~,O98.05 I ' SEMI-ANNUALLY C~T~ICATE . '1 X MONTHLY (AFT) Z~ g~ OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) (Southern Division) ...... SCR#: .... STATE: (PLEASE SPECIFY avc CTR I~ TELEP~ NATIONAL SERVICE B LLIN~Y CUSTOMER COPY ~ Motorola Sales Rep Cop~ ~ named In Ih s Agree; ~ Attachments ("Customer"). · 'sental entity. Motorola does not by this Agreement make any pdca guamnt( :~capt as ste~:l ~n th`` SECTION 1 DEF~, .~)N~. 'Service Agreement" roseoe this Sewice Agreement and its Aitachmen,... ]Order Form. "Equipment" means, collecfivety and in part, the communication equipment that is specllfad in the Attach- SECTION 8 WARRANTY Motorola warrants that its Services under this Service Agreement will bi ments or that is subsequently added to this Service Agreement, free nf defects in materials and workmanship for a period of ninety (90) days beyond the expira~to,~ o SECTION 2 ACCEPTANCE 3'~e terms and conditions set forth in this Service Agreement and in At- termination of this Agreement. Customer's sole remedies an to require Motorola to re-pa~form the af lachments will become the Service Agreement only when acknowledged and accepted in writing by Mo- faoted Service or to mfuno, on a pre.rata basis, the Service fee paid for the affected Service. MOTOROL/ torola's Schaumburg, Iltinola Service Department, DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION SECTION 3 SERVICE DEFINED A. Motorola agrees fo provide services for the Equipment as spani- THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. tied in the Attachments and in accordance with the following standards: (i) Motorola parts or parts of SECTION 9 CERTIFICATION DISCLAIMER Unless signed by a Motemla authorized signatory, Mo equal quality that are new or an wan-anted as "like new" will.be used; (ii) the Equipment will be Serviced torola specifically disclaims all certiticatione regarding the manner in which Motorola conducts Its busines at levels set forth in Moforela's product manuals; and (iii) routine service procedures that are prescribed or performs its obligations under this Service Agreement` from time to time by Motorola for its products will be followed, B. All communication equipment pur- SECTION 10 DEFAULT/TERMINATION A. Customer agrees to provide Motorola Wflften rmfica o chased by Customer from Motorola ("Additional Equipment') that is part of the same communicafirms any default of this Service Agreement fo state the nature of the defaulL Noncompliance with regulafor~ system or of similar type as the Equipment covered under this Service Agreement will be automatically laws or disadvantaged business entity requirements may not be cause for default. If Motorola does no added to this Sen, ica Agreement and will be billed at the applicable rates after the warranty period has cure the default within sixty (60) days, Customer may terminate that portion of the Service Agreement Iha i expired. Motorola may also provide additional services ("Alcove-Contract Services') at Customer's re- is in default by gMng Motorola thirty (30) days pdor written notice. B. Any dispute will be msulved b quest that will be billed at Moforola's then applicable service ~atee. C. All Equipment must be in work- mutual agreement` Co Neither party is liabl'; for delays or lack of performance msufting from any cause., lng order on the Start Date of the Service Agreement or at the ~me the Equipmenl is added to the Service such as strikes, matedal shortages, or ants of God that are beyond that party's reasonable conlmt. Agreement` Customer must provide a complete sedal number and model number list either prior fo the SECTION 11 LIMITATION OF LIABILITY Notwithstanding any other provision. Moturets's tutel tiabil- Start Date or prior to the time that the Equipment is added to the Service Agreement and must Indicate in ity for losses, whether for breach of contract, negligence, indemnity, warranty, or strict liability in tort, i,' /he Attachments any Equipment that is labeled intrinsically safe for use in hazardous environments. D. limited to the pdco of twelve months of Services sold. IN NO EVENT WILL MOTOROLA BE LIABLE FOI~ Customer must Immedtateiy notify Motorola in Writing when any Equipment is lost, damaged, or stolen, LOSS OF USE. LOSS OF TIME, INCONVENIENCE. LIQUIDATED DAMAGES. COMMERCIAL LOSS Customer's obligation fo pay Service fees for such Equipment will terminate at the end of the month in LOST PROFITS OR SAVINGS, OR OTHER INDIRECT. SPECIAL. INCIDENTAL OR CONSEQUENTIAL which Motorola mcolves such written notice. E. If Equipment normal` in'Motorola's opinion, be properly DAMAGES TO THEFULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. or economically serviced for any mason including excessive wear. unavailability of parts, the state of tach- SECTION 12 EXCLUSIVE TERMS AND CONDITIONS A. Customer acknowledges that the Service nology, or the pracfical feasibility of the scope of Services as specified in the Attachments or Motorola Agreement supemedes all prior and concurrent agreements and undemtandings, whether written or omi Statement of Work, Motorola may: (1) modify the scope of Services related to such Equipment; (2) remove related to the services parformod. The Service Agreement or Attachments may not be altsmd, amended. such Equipment from Service Agreement: or (3) increase the price to Service such Equipment. F, Cue- or modified except by a written agreement signed by both parties. B, Customer agnes to reference this ;omer must notify Motorola or Motorola's Subcontractor immediately of any Equipment falluro. Motorola Service Agreement on all purchase ordain Issued pumuant to this Service Agreement. Neither party wil will respond to Customer's rlptificafion in a manner consistent with the leval of service purchased as indi- be bound by any terms contained in Customer's purchase order or elsewhere (even if it is attached to the cated in the Attachments. Service Agreement). In the event of a conflict between the main body of this Service Agreement and any SECTION 4 EXCLUDED SERVICES A, Service does not include the repair or replacement of Addenda or Attachments. the main body of this Service Agreement will take precedence, unless the Equipment that has become defective or damaged due fo physical or chemical misuse or abuse from deedum or Aifachment spaciticatiy states othenvise. causes such as lightning, power surges, or liquids. B. Unless specifically included in the Attachments. SECTION 13 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely msponsibts for Service does not include repair or maintenance of any transmission line· antenna, tower or tower I!ghting, obtaining licenses or other authorizations required by the Federal Communications Commission ("FCC duplexer combiner, or multicoupler. Motorola has no obligation or responsibility fur any transmission or any other federal, state, or local government agency and for complying with all rules and regulations medium such as.telephone lines, computer networks, or the worldwide web, or roi: Equipment malfoncfion required by such agencies. Neither Motorola nor any of its employees ia an agent or mprasentative al caused by such transmission medium. C. Unless specifically included in the Attachments. Service of Customer in any governmental maser. Equipment does not include items that are consumed in the coume of normal oparefirm of the Equipment. SECTION 14 OVVNERSHIP OF INTELLECTUAL PROPERTY A. This Service Agreement does eec i such as, but not limited to, batteries, magnetic tspas, and computer supplies, D. Service does not in- grant directly or by implication, estoppel, or othenvice, any owoemhip right or license under any Motorola clude reprogmmming of Equipment; accessories, belt clips, or battery chargers: custom or Special Prod- patent, copyright, trade secret, or other nte lectua property including any intellectual property created as a ucts: modified units; or software, E. Service does not include cartiticetion programs, software support, result of or related to the products sold or Services performed under this Service Agreement. B. Mo- reprogmmming, or mediflcafions to Equipment related to assuring the correct processing, providing, or torola mssrves the right to limit access to its confidential and proprietsq/information including cost and receiving of date data from. into· or between the year 1999 and the year 2000. pricing data. SECTION 5 RIGHT TO SUBCONTRACT/ASSIGNMENT Motorola may assign its lights and obtiga- SECTION 15 GENERAL TERMS A. tf any court tandem any portion of this Servica Agreement unen- lions under this Service Agreement and may subconfract any podJon of Motorola's performance celled for forceable, the remaining terms will continue in foil force and effect. B. THIS SERVICE AGREEMENT ny this Service Agreement, AND THE RIGHTS AND DUTIES OF THE PARTIES WILL BE GOVERNED AND INTERPRETED IN SECTION 6 TIME AND PLACE OF SERVICE Sewtce will be provided at the location specifted in the ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS. C. Failure to exercise any ;ight wil Attachments. When Motorola performs service at the Equipment's location, Customer agrees to provide not operate as a waiver of that right, power, or privilege. D. Except for money due upon an open ac- Molorola, at no charge, a non-hazardous environment for work with shelter, heat. light, and power and count, no acfion may be brought for any broach of this Service Agreement moro than one (1) year after ,vith full and flee access to the Equipment. Customer will provide all thformafien pertaining to the hard- the accrual of such cause of action. E. The Service Agreement will begin on the Start Date specified in Nam and software elements of any system with which the Equipment is interfacing that enable Motorola to the Attachments. This-Servica Agreement will renew, for an additional one year term, on every annivar- )erform its obligations under Ihis Service Agreement` Unless oihenvise specitied in the Attachments, the nary of the Start Date unless either paw notifies the other of its intention to discontinue the Agreement toum of Service will be heum of 8:30 a.m. to 4:30 p.m.. excluding weekends and holidays, within thirty days of that annivemary data. F. If Motumla provides Service aSer the termination or expira- SECTION 7 PAYMENT Motorola will invoice Customer in advance for each payment period. All firm of this Agreement` the terms and conditions and any prices in effect at the time of the termination or ~ )ther charges will be billed monthly, and Customer must pay each invoice within thirty (30) days of the expiration will apply to that Service. Revision Date 3/98 ] qvoica date Io the Motorola office designated by Motorola. Customer agrees to mimbume Motorola for all. ~ ~roperty taxes, sales and use taxes, excise taxes, and other taxes or assessments [except income, profit. IV-CONSENT ITEM B.7 RESOLUTION NO. R 00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CiTY CLERK TO EXECUTE A SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MOTOROLA, INC.; PROVIDING FOR THE MAINTENANCE OF THE RADIO SYSTEM FOR A TWELVE (12) MONTH PERIOD, IN AN AMOUNT NOT TO EXCEED $73,I76.00; AND PROVIDING AN EFFE~. ~ LVE DATE. WHEREAS, the City Commission of the City of Boynton BeaCh, Flodda, upon the recommeridati0n, of st~ff, deems itto be in the best interests of the City residents to enter into a service Agreement~with Motorola, inc., for the maintenance of the radio system for a twelve .(i2) month period, NOW~ THE~FORE, BE ~rT RESOLVED BY THE CZTY COHMZSSZON OF THE CITY OF BO;YNTON BEACH, FLOR~DA~ THAT: ~ The City Commission of the Oty of Boynton Beach, Florida does hereby authOrize and direct the Mayor and City Clerk to execute an Service Agreement Detween the City of Boynton Beach and Motorola, Inc., a copy of said agreement is ~ttached hereto as Exhibit '~A." Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of March, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner "ity Clerk ~Corporate Seal) Requested City Commission M~eting Dates [] March 21, 2000 [] April 4, 2000 [] April 18,2000 [] May 2, 2000 CITY OF BOYNTON BEACH IV-CONSENT ITEM B.8 Date Final Form Must be Turned in to City Clerk's Office March 8, 2000 (5:0Op.m.) March 22. 2000 (5:00 p.m.) AprilS. 2000 (5:00 p.m.) April 19. 2000 (5:00 Requpsted City Cormmsmon Dam Final Form Must be T~med Meetine Dates n to City Clerk's Office [] May [6,2000 [] June6; 2000 [] June 20, 2000 []- July 5, 2000 May 3.2000 (5:00 p.rm) May 17, 2000 (5:00 p.m.) June 7.2000 (5:00 p.m.) June 21, 2000 (5:00 p.rm) NATVRE OF AGENDA ITEM [] Admims'trative [] Development'Plans [] Consent'Agenda [] NewBusiness [~ Public Hearing [] Legal [] Bids [] UnfmishedBusin~ss [] Announeement [] Presentation RECOMB~NDATION: MOTION to approye the purchase of a 2000 FORD TAURUS (Commodity #070-200-310) ill the amount of $14.524.00 from DON REID FORD Utiliz/ng STATE OF FLORIDA, sTATE CONTRACT #070-001-99-1. EXPLANATION: Procurement Services received a request from FLEET MAINTENANCE to purchase a 2000 FORD TAURUS utilizing the STATE OF FLORIDA, STATE CONTRACT #070-001-99-1 (Contract Period October 3I, 1998 through September 19, 2000). Procurement Services requests Commission's review, evaluation and purchase approval. PROGRAM IMPACT: This vehicle purcl~se is m accordance with the provisions of the contract for the new City Manager as approved:by Commission on March 7, 2000, FISCAL IMPACT: Funds will be transferred from the Reserve for Vehicle Replacement to the New Vehicle account to make the purchase. .~--A'et'Uu n t Number Amount 501-2516-519-64-30 Purehase of New Vehicles $14,524.00 l~uty Director of Financial Serv{ces Procurement Services Department Name City Man'a~ger's ~ignamre City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC 03/14/2000 11:38 561375621~ PW CTV BOYNTON BCH PAGE Pyro, lc MEMORANDUM #OO-043' 50: VIA: - FROM: ' Robert I-L L~, FIcct Administralor DATI/!i . ~, March 14,2000 · SUBJECT: Listed below is the additional departmental requ~st,.which was approved by the City Commission on MarCh 7, 2000 as part of the new City Manager's contract. 'Also, included is iQforrnation on thc fun~, replacement vchictc number, and purchasing intorraation. CITY MANAGER'S OFFICE Don Reid Ford: ! - 2000 FORD TAURUS Model P52 w/opt/otis. N~ V*~cle S~te C0~t ~0~1-~9.1 ~ Co~0~ ~070-200~310 Budget~.~ Non-B~g~, but:F~gis av~lable AC~ Co~; ~1~,524.00 ;-'Acco~t ~501-2516-519-~-30 Plcas~ con, act me if you need any additional information in order to place this item on the April 21= Commission Agenda for approval. PL/RHL/pl Suite 315 Page 1 of 2 CERTIFICATION OF CONTRACT Suite 315 TITLE: AUTOMOBILES & LIGHT TRUCKS BID NO.: 7-070-700-P (REV 20 SEP 99) CONTRACTOR(S): BELL CHEVROLET (A) CHAMPION CHEVROLET (A) DUVAL FORD (A) GATEWAY CHEVROLET (A) HILL-KELLY DODGE (A) KAISER PONTIAC (A) MAROONE DODGE (A) ORVILLE BECKFORD FORD (A) CONTRACT NO.: 070-001-99-1 EFFECTIVE: October 31, 1998 through September 19, 2000 SLrpERSEDES~ 070~001~98-1 CARU~-O CHRYSLER (A)~ DON REID FORD (A) GARBER CHEVROLET (A) HEINTZELMAN'S.TRUC~ CENTER (Al JACK cARuso's REGENCY DODGE MAROONE CHEVROLET (A) MICHAEL HOLLEY CHEVROLET (A) ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS Will{ APASE SltALL BE BROUGHT TO TIlE ATTENTION OF JIM DEN BLEYKER AT (3 8367 SUNCOM 278~8367, E-MAIL mailto: denbtej~dms, state, fl.us AUTHORITY - Upon affirmative action taken by the State of FIorida Department of Managen Services on October 29, 1998, a contract has been executed between the State of Florida and tt designated contractors. EFFECT .._Thi~ oontract was entered into to provide economies in the purchase of Automobile Tmcksby all State of Florida agencies and institutions. Therefore, m compliance with Section Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the atl ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, St~ local taxes. http://fcn.state.fl.us/st con~racts/O70001991/cerfification.htm 03/14/2000 070-200-310 LARGE MIB-SIZE VEHICLE, 4,DR SDN (FWI)) Page 1 of 3 070-200-310 LARGE MID-SIZE VEHICLE, 4-DR SDN (FWD) (27A-Sedan) NODDY: This detailed spocffication is not complete unless it is used m conjunction with Specificaff~ Number SRAT- 1, Special Requirements All Automoblles and Light Tracks. INTENDED USE 10. ENG1NE: Gasolin~ engin&, Vt; mlnimm 3-0L (182 CID) anc[ 140 (n°~-xinal} Net HP: standa'cdal~/¢mat°r and ba~ standard cooling system:~ 20. TRANSMISe!ON:Minimum 4 sp~ed automatic w!~h overdrive. 30. AXL~8i st~nda~ axl~ ratio far sp~ified engine/Iransmission combination. 40. PERFORMANCEITENIS: Power ~eering. 50. ~ COMFORT ITEMS: Air condition~g;'all glass tinted; AM-FM radio; cloth or cloth and viayl uplxotstery on seae 60. . SAFETY ITEMS: 4-wheel anti-lock braking system; dual outside miirors~ air bags, driver and passenger. Stander (s) may not be deleted. Fleet deletes for ak bag(s) must not be used. 70. TIKES & WHEELS: Four (4) P205/70Ri5 or larger radial BSW ali season txead fires; manufactfirer's standard st and lug wench. 80. CHASSIS; $RA~, CAB: Wheelbase 107.5 inch m~nimum; m/nimum 54.0 inch rear seat hip room; body side ~r all manufacturer s standard colors. 90. CONDITIONS: All en~10sed Conditions and Requirements shall apply. (REV 13 MAY 99) 070-200-310 MAKE: FORD TAURUS (27A-Sedan) 03/14/2000 http://fcn.state.fl.us/sL~ontracts/070001991/price9.htm 070-200-310 LARGE MID-SIZE VEHICLE, 4-DR SDN (FWD) Page 2 of 3 Wist~rmDislricr Northeni Distdct Central:Disu-ict Southern District DEALER ORVILLE BECKFORD FORD / iDUVAL FORD DON P,.EID FORD DON REID FORI~ DISCOUNT* MODEL PRIC~ _0 P52 14,273.0~ 12 P52 i4,243.(~ _0 P52 14,198.0, 0_ P52 14,298.0~ NOTE: ONLY THE ABOVE NAMED DEAl;ER(S) IS/ARE AUTHORIZED TO SELL THIS COMMODITY UNDER THIS CONTRACT~ SEE FACTORY CUTOFF DATE INFORMATION IN ORDERING INSTRUCTIONS. *Discount for unit for vehicle picked UP by ordering agency at conl~actor's place of business. Approximate delivery time required after receipt of order: 60-90 DAYS STATE USE ONLY BASE VEItlCLE: EPA MILEAGE: 23 LIFE CYCLE FUEL COST$3,478.00 OPTION: 070-200-311 - Option, Large Mid-S/ze Vela/cie, Sedan. Spec. 27A OPTIONS: {DF) DUVAL FORD, (DR) DON REID FORD, (OB) ORVILLE BECKFORD FORD 400~ -5003 Air adjustable rear shock absorbers, factory installed if available. Shocks to be Gabriel, Monroe, NAPA or approved equivalent Electronic speed control with resume feature. 5006 Rain shields over door windows. Auto ventshade Co. or approved equivalent. (REV 13 MAY99) (DF) CODE: DSA (DR) CODE: (OB)CODE: (DF) CODE: 525 {DR)CODE: 525 (OB)CODE: 525 (DF) CODE: DR.S (DR)CODE: DIRS (OB)CODE: DIRS PRICE: 175.00 PRICB: N/A PRICE: N/A PRICE: 185.00 PRICE: 131.00 PRICE: 186.00 PRICE: 65.00 PRICE: 55.00 PRICE: 58.00 http:l/fcn.state.fl.us/st_con~racts/070001991/priceg.htm 03/14/2000 070-200-310 LARGE MID-SIZE VEHICLE, 4-DK SDN (FWD) Pago'~ of 3 6001 Daytime n~n ning -light s. 70(H Full s/ze spare tire, if available f~om the manufacturer only. 8005 - Exterior d~c0r package. State exact components.bid.; 8009 9901 9903 9904 2-dQor coupe/sedan. Bid 2-door version of base model which meets the same minimum requirements. Trailer hitch, installed, for trailem weighing up m 2,000 lbs. Hitch to be HD Class I, 1500 lbs. capacity with 1-7/8 inch ball. Universal mount hitches are not acceptable. Manufacturer's Extended Vehicle Warranty. Warranty shall be for a period of 5 years or 75,000 miles whichever occurs fast. SEE SPECIFICATION EVW 5/75. Manufacturer's Extended Vehicle Warranty. Warranty shall be for a period ~f6 years or 100,000 miles whic~ver Occurs fast SEE SPECIFICATION EVW 6/100. (DF) CODE: 942 (DR)CODE 942 ~i(DR)CODE: {OB)?~DE: (DFJ CODE: DEP (DR)GODEr~64B/WT/PS: DUPINSTRIPE (OB)CODE DEEPTINT . PRICE: 40.00 PRICE: 40~.00 PRICE.' 40.00. PRICE:!N/A. PRICE: N/A PRICE: N/A ....... I~RICE~: PRICE: PRICE: CODE: PRICE: N/A (DF) CODE: DCI (DR)CODE: DITH (OB)CODE: DICI (DF) CODE: EVW5/75 (DR)CODE: EVWS/75 (OB)CODE: EVW5/75 PRICE: '195.00 PRICE: 195.00 PRICE: 240.00 PRICE: 875.0_, PRICE: 875.0i PRICE: 775.0_, (DF) CODE: EVW6/100 (DR)CODE: EVW6/100 (OB)CODE: EVW6/100 PRICE: 1440., PRICE: 1245., PRICE: 1240. htrp://fcn.state.fLus/sl_contracts/070001991 price9.htm 03/147'2000 ]'V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.1 AGENDA ITEM REQUEST FORL~ Requested Ci~ Commissioa Date F~ual Form Must b~ Turned - Req ~uestcd City Comm~sJon * MeetlngDate~ -" . intoCi6~'Cl~rk'sOffie~ - -' * .. Meefing~Da~s [] March 21, 200C [] ~ 4, 2000 March 8, 200~) (5:00 p.m.) Mamh 22, 2009 '(5:00 p m) [] May 16, 2OO0 ~- June 6, 2000 [] June 20~ 2OO0 [] - Yuly 5, 2000 [] April 18,2000 [] U.y 2, 2000 April 5, 2000 (5:00 p.m.) April tg, 2000 (5:00 p.m.) Date Final Form Must be Turned in to City Clerk's Office ~ May 3, 2000 ($:00 p.rr~) May 17, 2000 (5:00 p.m.) lune 7,2000 (5:00 p.m.) June 21, 2000 (5:00 NATURE OF AGENDA ITEM _ [] Adminigtrative [] Development Flans [] Consent Agenda [] . New Business [] Public Hearing [] .Legal [] Bids [] Unfmished Business [] Announcement [] ,Presentation RECOMMENDATION: Motion to release surety for the project known as Lalane Dental Office, in the amount of ~ '~- $6,600. EXPI~ANATION: The required waier and sewer improvements have been completed, and operated satisfactorily during the warranty period. PROGRAM IMPACT: Non* FISC,AL IMPACT: None ALTI~, RNATI~one Utilities Department Name City Attorney / Finance / Human Resources Kc: Peter Mazzella (w/attachment) Barbara Conboy Finance Dept, City Attorney File S:kBLrLLETIN~FO RaMS~AGENDA I~EM REQUEST FORM.DOC RESOLUTION NO. R00- ~V~ERE~S, ~ the o~,,w~l.~er ~f. thiS'~ p~rcg~,~ pre~igqsly posted cash surety in-the amount of $6, O00.O0"for t~e project known as Lalane Dentat Office; and · a final inspectio~ has been conducted on th~s 9roject and the system appears to~ be functioning properly~ NOW, THEREFORE, BE IT RESOLVE~~ BY THE~'CIT~ COMMISSION 9F'THE CITY OF BOYNTON BEAC~,-FLORIDA, THAT~.~ Section 1. The City C0mmlssion of the City of Boynton' Beach, Florida, based upon the recommendation of staff, hereby approves the release of the. cash surety in the ~mount of $6,000.00 to Robert A. Lalane II, project known aa Lalane Dental Office. S~n 2~ That this Resolution shall become effective immediately upon passage° D.M.D., for the~ PASSED ANDADO~TED' this day of March, 2000~ CITY OF BOYNTON BEACh, FLORIDA Mayor Vice Mayor City Clefk (Corporate seal) Mayor Pro Tem Commissioner Commissioner J D RECT PAYMENT REQU SIT ON To; D.M~D, 6 600.00 For: Bo)j.t,~ Bear~h~,FIL 33435 Surety release. Lalane Dental office water main tap and fire hydrant Cu ~ ssion approved: Requested by Pete M-m'/;mlla, Asst. to the Director Date February 25, 2000 Approvals: Dept. Head Finance Dept. City Manager 401 I 0000 220 99 00 6,600.0(; $6,600.0( February 14. 2000 City of B0ynton Beach Utilities Director 5469 West Boynt0n Beach Blvd. Boynton ~each, Fl. 33435 Dear Mr. John GuidrY, I am requesting ~the return, in full, of my six thousand six hundred dollar surer ~ bond. This bond was taken qut on a water'main tap and fire hydrant located on my Office property We have passed all' inspections. Sincerely, ZV-CONSENT AGENDA :['rEM C.2 RESOLUTION R00- A RESOLUTZON OF THE cz'rY COMMZSSZON OF BOYNTON BEACH OF PALM PALM FUND~ AND and a program that can make funds available to has made these hese funds Services Division can and will be used Rorida hereby adopts this and certifies that ~is program. Sect!on 2: This Resolution shal[ take effect immediately upon adoption. PASSED AND ADOFTED THIS DAY OF Marchf 2000. CTFY OF BOYNTON BEACH, FLORIDA Cleric 5:ce/resoGrar~s/Emergency Medical Service Grant Funds 03~.300 Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner Requested City Commission AGENDA ITEM QUEST - Da~F~ Fo~ M~t be T~ Requited Ci~ Core.sion Da~ Fin~ Fo~ Mu~ he T~ed . m ~ ~ Cl~k s Offi e Meeting D~ ~ ~ CiW Cl~k's Offic~ Mmch 8 2000 (5:00 p.m.) May 16,2000 May 3, 2000 (~:00 p.m.) M~h22,20~ (5:00p.m.) ~ J~e6,~0 M~ 17,2000(5:00p.m.) [] April 4, 2000 [] April 18.2000 [] 'May 2, 2.000 April 5, 2000 (5:00 p.m.) April 19, 2000 (5:00 p.m.) [] June 20, 2000 [] July 5. 2000 June 7, 2000 (5:00 p.m.) June 2I, 2000 (5:00 p.m.) [] Administrative [] Development Plans NATUREOE [~ C0nsentAgenda '~r'~ New Business AGENDA ITEM [] Public Hea~ing u Legal ' [] Bids [] -UnfmishedBusiness_ [] Announcement [] Presentafio~ RECOMMENDATION: Recommend approval of facility rental agreement between the City of Boynton Beach and Palm Beach Community Duncan Theatre for the children's dance recital. EXPLANATION: Our enrOllment in dance classes has grown from 50 students in 1995, to 209 studen~ in 1999: We' expect appmximataly 700 parents and guests to a_~end the 2000 recital. The City does not have a facility large enough m accommodate our needs. We rented the Palm Beach Community College Theatre for the Spring [999 recital and the facility and staff was excellent. We are requesting to rent the Duncan Theatre for the Spring 2000 recital. PROGRAM IMPACT: By using the Duncan Theatre, we can accommodate alt of our children's classes and produce a professional show for the audience. The Facility has state of the art sound and lighting systems, several dressing rooms adjacent to the back stage area~ seating capacity of 720, is handicap accessible, and is located in a convenient location with ample parking for the participants and guests. FISCAL IMPACT: NO TAX DOLLARS ARE USED; rental charges are funded through participant fees. The rental fee is $3,225.00; plus additional service c~ated at $1,300.00. The estimated total cost is $4,525.00. -Funds are available in the Recreation Program Fund account #172-27t2-572-34-60. ALTERNATIVES: Split UP the classes .into two separate recitals at the Civic Center. This option is not recommended becauSe parent's s~_urveys highly recommend one recital, combining all classes. , . -- . : ~ ' . Department Head s sign~tnre ~>, Leisure SerVices/Recreation Department Name City Attorney / Finance / Human Resources RESOLUTION NO, R00- A RESOLUTION OF THE CITY COMMISSION OF THE CI'I'Y THE RECI-I'AL; AND PROVIDING AN WHEREA$~!enmllment in-dance classes has grown from 50 students in i995~ 209 students in 1999, and il~ is anticipated that approximately 700 parents and ; will be and · WHEREAS;: the Ob/does not have a facility large enough to accommodate f our ch~dmn'S classes and produce a professional show for the audience; NOWt THEREFORE~ BE IT RESOLVED BY THE ClTY COt4t4]:SS[ON OF CI'TY OF BOYNTON BEACH~ FLOR/DA~ THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, tall, hereby authorizes and directs the Mayor and City ~ execute an Agreement between the City of Boynton Beach and the District F Trustees of Palm Beach Community College for the use of the Duncan for the 2000 children's dance recital, a copy of said Agreement attached hereto as Exhibit"A". Section 2. That this Resolution shall become effective immediately upon Commissioner ~ity Clerk iCorporate Seal). Duncan' eo re 420~ Congres~ ~venue, MS ~$, Lake P,/o~h, Florida $$461-4796 561-439..S244 ph $61~$9-8287fax Please- return Signed contracts'together with the following items and/or information to: Dawn Gibs0n-Brehon : Duncan Theatre Manager - Palm Beach Community College 4200 Congress Avenue~ MS~15 Lessee RepreSentative, Name and Telephone number~ Cert ficatiOn of non-profit status and tax exemption number. Signed contract for event including ali technical information agreed to through said contract. Certificate of insurance listing PBCC as additional insured. Box Office Questionnaire & Event/Ticket Information Sheet . Certified check in theamount of $ 2512.50 due 3110100 This includes the following: 1. One half of the total rental costs of $3225.00 or $1762.50 2. Audience liability insurance of $ 750.00 Certified check in the amount of $ 2012.50 due on 4/10100 (One month pdor). This includes the following: ~ l;' Balance of totaI Rental Costs of $ 3225.00 ors 1762.50 2. House Management Costs of $100.00 3. Stage Crew Costs of $ 100.00 4. Campus Security of $50.00 Additional charges, per items f~2 & #3; wil be billed post event. [TWo months prior) This agreement is made Board' of Trustees of District fellows:. certifies Dance Recital Duncan Theatre Stage West Duncan Theatre Stage Wast Duncan Theatre Stage West $975 10,2000 $975 $100 .Thurs. Mayl' TIMES Rhrs! 4- 8P~n. Rhrsl 4-9 p~n.- Rhrsi 4~- 8 p.m. For space, dates, and ames, specified abovs, including minimal house. insurance the total rent is:~: . $ 4525.00 . 2. SERV!CF.,,~.P.~OVIDED: Unde~ this contract the Duncan Theatre will provide as part of the basic rental charge: Heating/cooling; in COmPliance with federal energy guidelines; permanent; systems the Technical Director, and Duncan Additional charges for Hou Security will be added l event. Due to individual cleaning, additional stage by the Lessee. Ushers, Stage Crew and : : prior to TOt · ~ oaid 3. ADVANCE PAYMENTS: The Lessee agrees to pay the College with the return of this make issued to Cot ege one month pr or1 date of the event, a rhe Lessee agrees to : the rental costs will be rate check make WILL.BE ACCEPTED. an insurance 750;00 for insurance Lessee agrees to make such a deposit by certified Beac~ Community College;.NO PERSONAL CHECK 5. FINAL PAYMENTS: The remaining charges, Informatic~'~ Addendum (see attached), including expenses over the minimum house ma~.agement; stage crew and seCUrity costs, or any c~ther Cost which OcCUrred before, during, and after the event will be billed to Lessee, 6: CANCELLATION BY LESSEE: The Lessee shall have the right to cancel this Agreement by giving Lessor at least sixty (60) days prior-written notice. Lessee and Lessor agree that it would be difficu t to calculate the damages sustained in the event of suCh cancellation and aCCordingly agree that fifty percer~ (50%) of the contract rent shall be !quidated damages to be paid to or retained by theLessor in.the event of any cancellation. F°r any cancellation less than sixty (60) days from the Scheduled performance~ liquidated damages shall be one hundred percent (100~,~) of the contract rental; 7~. CANCELLATIoN'BY COLLEGE.' Should the College desire to cancel or be unable,to perform this agreement, and if notification is given in writing to the Lessee'at . least sixty (60)-days prior to the-date of scheduled use, the College shall return a.ny rent payments and tl~e Lessee and the College shall be relieved of any further obligafionUnder this agreement; orthe 9. REASONS College to be: and the State I Lease or the made to the ~ ~ the ~ trrustees and the regulations of or about ~to default under the terms of the hours and t, from any person because of; race, color, sex, nationat origin, veteran, marital or handicap status. 12. USAGE-POLICY: USAGE GOVERNI~ POLICY PLUS For Lessee: (Address) PHONE LESSEE AGREES TO~OBSERVE AND ABIDE BY THE REGULATIONS SAID USAGE. HERETO:AND IS pART RECEIPT' AND REVIEW OF THE USAGE Date: For Theatre: District Board of Trustees Palm Beach Community College 4200 Congress Avenue, fi45 Lake Worth, Fl. 33461 (561) 439-8244 phone (561) 439-8287 fax By: ~ Date: Dr. Dennis P.~allon, President By: Date: Dr. Marie M. Vallejo, Pmvcat By: Date: Dr. Eileen Holdec,, Academic Dean By: Date: Dr. Richard I-~¢omb, Associate Dean, Div. of Humanities. By: - Date: Ms. Dawn Gibson-Brehon, Duncan Theatre Manager Mayor City Attorney Witness ATTEST: City Clerk STATE OF FLORIDA COUNTY OE PALM BEACH ' BEFORE ME, an officer dully authorized by law to administer oaths and take acknowledgements, personally appeared Gerald Broening and acknowledge he/she executed the foregoing Agreement for the use and purposes mentioned in it. and tMt the instmmem is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in State and County aforesaid on this ' day of 1999. NOTARY PUBLIC My Commission Expires: PALM BEACH COMMUNITY COLLEGE - DUNCAN THEATRE/STAGE WEST PROVISIONS OF THIS ARE FORC THE RULES AND FACIUTIES ARE PBCC~ BASIC P.ROVISlONS~ INFORM OF INDIVIDUAL. RULES, premises and the building of which the saree form a part and all ecru pment within said building Were in' go°d and satisfaCtOry condition. Agreement: 3. SEATING: A. CAPACITY: Persons ~,ill not ~be permitted inside the: Duncar~, Theatre in excess of the established seatingi capacity of ~720, or Stage West. in exceSS of the ,! . 4.¸ hold such marital gated thereunder~ rc the 2 A. TAX EXEMPTION: NOn-profit, tax-exempt organizations shall submit to the Duncan Theatre Manager SUch ta~- exempt!or[~ificates as shall Pertain. ~Such certificates will be required With the return of signed ~contract. ACT: Lessee agrees to furnish Theatre inthe .~ shall carry comprehensive liability insurance million dollars to cover its harmless and Palm Beach Suits, ~ Palm Beach Community 'College, [he Lessee, or any persons, howsoever period of use covered by the Agreement, or occurring as a result of the permissions granted herein~ C. The Theatre Will notbe responsible for any damage or loss to Lessee's proPerty, oi~ that of-the Lessee's agents~ employees, etc:, no: matter.what the cause of such damage or loss. CANCELLATION: In case of cancellation by the Lessee,. it shall be the Lessee shall neither encumber nor obstruct the 'the entrance to the theatre, audience corridors, stairs, the main audience, chambers~ related theat[e premises nor allow the same to be .obstrUcted or encumbered in any manner., Lessee further agrees not to bring onto the premises any material,' substances, equipmant;i or Object Which is likely to endanger the life of Or cause bodily injury to, any person On the premises, Or Which is likely to COnstitute a hazard to property thereon~ The Co ego shall have the:right to i:efuse to allow any such matenai, substances, equipment or object-to be brought onto th premises and the further right tO require its immediate removal therefrom if found thereon. . Stage areas in use pose unique dangers, t(3 anyone not ifamiliar with the 3 the College. agrees to furnish a qualified Stage Manager to' accept the employment of such a Stage Manager from kind witl be the taking n ' ' ~ g, either wsual or audJo, of any 3. · TECHNI~J~L~NFORMATION: - Technical information fr(~m the Lessee. to the Technical Director~ must be communicated first-hand., Technical r .communicated at least thirty (30) d~ys prior to the ,, 4. in by:the Technical equipment. approve or deny $. STAFFING: Technical Director shall secure and Lessee shall pay for minimal staffing requirements. The College retains the right to determine the appropriate 4 number of personnel neCessary to proper!y serve and i~rotect the public~ Any costs over the 'minimum staffing requirements shal! ,~ considered reimbU~:sable to the. College and shall be cove~ed by all such ref. e[enCe~, included in the agreement.~ Such performance personnel~wi !-~nOrmally in~/° Ve persons employed bY the DunCan Th e att e/Stag e .WeSt, .ho:weV~ar~ tsh ~oTl~e~h nl~aleetD isrtaC(t;3~ r~tea(i~r ethmeer~l~l 'ril~lhot '~tv~luC~e ~'- , backstageaPrl~a, g g. ri. ~. :'~. ~. _ ~. The arriving early. Ihat s other to the staff. materials thereof: and/or Iighting:~control'consoles West s strictly forbidden. ~'l~s representative person authorized to performance authorized to act 1. ~ of execution of the Lease Agreement, Lessee will furnish to the DUncan Theatre. Manager the name~ address, a~d Phone numbers of the Lessee's reP!L~entative- This representative will then be the ~ole person authorized to make decisions to negotiate wit~ staff of the Theatre. performance will then be the sole o~ to negotiate Theatre. the Theatre will Manager 'and '] Beach Community CO~ege.may elect to ~ House Manager as its representative. in thefront-:of-~ouse area before, during Manager is selected t° represent PBCC, at the expense of LeSsee a House II theatre ~s absolute ength of intermission, safety 3. USHERS: The Theatre reserves ['S HOUSe _8. 9. FI audi~ n$of' College requ insurance be ~ non~ and will NEVER 1N THE- nust that where food where !3. ANIMALS:' Lessee will no1 animals. Animals used in backstage must' be kept in the Greenroom at the :rear before the end Of ~. the main at any'given 1. CONFIRMATION confirmed unti returns a signed ag and times requested ate not considered event and the Lessee by a deposit ~as required. Ihave l the Lessee's event in its own performance or the appearance this contract, or until contracts between all At its discretion, the Theatre may list and newsletters. 3. CORRECT NAME OF BUILDINg: Whenever the Theatre is mentioned in publicity releases, etc., it will be r~fbrred to as PALM BEACH COMMUNITY COLLEGE, DUNCAN NORTH, FLORIDA or, PALM BEACH COMMUNITY COLLEGE, LAKE WORTH, FLORIDA. 4. EVENT ADVERTISING: The LeSsee will have access to the Box Office the day of pen~ormance only, two[ hours before curtain. The Theatres management reserves-the righ~ t0 /review and approve all advertising and announcement.47,~t~y~that relateS]to theI use of the Theatre's Box Office telephone number. ~. DISPLAYS: Lessee written permission from are specified and such materials the Lessee into the ceilings, walls, or property. 6. OBJECTIONABLE may be vewed by anY segment College reserves the posters, photograPhs, models, etc., without and then only in such areas as advance by the Theatre. Further, tack, nail, screw, or other fastening device as to mar; deface, or injure Theatre Should the event contain any material that as being morally objectionable, the the Lesseethe inclusion in ~: ~ BoxOffice Questionnaire& Eventfficketlnformation Please fill this oul Box Office, you must ~o (~) Performance/Event Tire City of Boymton Beach Dance Rec±tal Performance/Event Dates & Times · Ma3'13. 2000 (2~6pm) ' Approximate Length of PerfonnancW Event Producing Organization Description of PerformancedEvent 4 Hours City of Boynton Beach~Departmemt of Leisure Services Dance Recital · Tickets on Sal~ Beginning 2000 Ticket Sale Location Your Box Office or Contact Phone Number(s) Your Box Office Hours City of Boynton Beach-Civic Center Shalley Janmsen (5615 742-6240 8am-5pm~ Monday-Friday Date of Ia Newspaper Advertisement Ticket Prices NOTE: If you need to get tickets printed, you can contact: Ticket Craft, 1390 Jerusalem Avenue, Merrick, NY, 11'~75~!&538-6200 or 800-6~5-4944/phone and 516-$35~4560/fax. Ticket Craft has the Duncan Theatre seating Chart on fil~. WE CA_N;NOT SUPPLY YOU WITH PRE- PRINTED TICKETS FOR YOUR EVENT. It is sttongty encouraged that all tickets be res Theatre: EI,'E2, E39, E40, L1, L2, L36, L37 ,~rved seating Wheel chair locations in the Duncan 9 60-0~--116451.~54 C P O BOX 310 SOYNTON BEACH FL 33425--0310 !288a5 ' 80YNTo FL - 33435-383E BEACH, ZV CONSENT AGENDA TEM C.4 . · COMMISSION OF BOYNTON BEACH, FLORIDA,- TO E)~ SERVICE FLORIDAr. AND PHYSIO-CONTROL CORPORATION -' FOR THE REPAIR AND PREVENTATIVE MAINTENANCE OF SIX (6) LIFE PACK IILLATORS; AND TE. WHEREAS; the City of -Boynton Beach, Florida, upon staff, desires to enter into' a service agreement with =hysio-Control Corporation; and NOW, THEREFORE; BE IT -RESOLVE~ BY THE CITY :OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, lereby authorize and direct the Mayor and City Clerk to the Service Agreement between the City of Boynton Beach, Florida and Physi0-Contro[ Corporation, a copy of said Agreement ·being is Exhibit "A". Sec~: This Resolution will become effective immediatel, Cc~mmissioner Commissioner Clerk [Corporate Seat) · From: Date: fl: Ness _ Januaw:13:,.20;0 ~ :~-- 00-001 PhysiO-Control Corp - Service contact for Monitor/defibrillators Please review and provide me wi~ au approval for further action. C~ ChiefBingham Capt. Witt Attachments : EL 33435 ~ ,~. - This Service Order begins on 04/01/2000 and expires on 03/31/2001 Special Terms None Accepted: MEDTRONIC PHYSIO-CONTROL CORP. B ' ~ Da~: ! . Customer: By: . Print: Title: Date: .Purchase Order Number Territory Rep: BILL SUGGETT Phone: 800-442-1142 X2743 FAX: 800-772-3340 Reference Number: S63-1060 Renewal Customer Conta~: CHIEF JIM NESS · Phone: 561-742-6333 FAX: 56 [-742-633& ~t~OVED AS TO FORM~ CITY ATTORNEY 01/12/2000 MEDTRONIC PHYSIO-CONTROL CORP. PRODUCT SUPPORT PLAN ~ SCHEOULE B ~" -, LIFEPAK® ! 2 DEFIBR~LLATOR/MONITER · Battgry Support Sy~em included when li~ed on equ.i!~?ant i~. ontory (Sch .edule A , BatterY SUpport System 2 included when listed on equipment inventory (Schedule A). · AC Power Adapter included when listed.on equipment inventory (Sch~e A). · DC Power Adapter included when listed on equipmen~ in~ento~ (Schedule A). · D~/brillator i)addl0 repairs are included (excludes internal, sterilirable and pediatric peddles). ~ CommuniCations and Patiem cables are excluded. · ¢ r current and/or future available LiPt~PAK®I 2 upgrade is Technical Seve/ces. _ Medtroni¢ Physio-Control Fastpak~, Fastpak 2 and Lffepek SLA Battery · Medtronic Physio-Control shall ~Placo ap t0 4 Medtr0nic Phy~io~,ontrol Battery Paks, (lik~ for tike) battery i.e FASTPAK for FASTPAK, FASTPAK 2 forFASTPAK 2 ,or LIFEPAK SLA for LIFEPAK SLA, per year per LIFgPA defibrillator/monitof (listed on schedule A) based on the cUStomer providing evid~nc~ that the bettery fails to m~t the perfOrman~teStSnot~cl aboye and/or battery age exceeds 2 years. To assist in proper recycling and removal of low. capacity batteries, replac~be~m'ies becom~ the propert~ of Medtro~ic Physio-Control and mus~ be returned at the t~me of exchange. Lifepak~ 12 Software Updates · tf combined Repair and l~spection serWces are designated on the Sorvic~ Order inventory for Lifepek 12 un/ts, at the o~stomer's~req~est, a Moltwaic Physio-Control Techn/e,~l Services Represcatat~va will install Lffepak 12 sol, rare · updates at no additionat charg~ provided it isinstalled at the time .of a regularly sch~uled inspection..In ad_~tion during the term. of this agreement, where an assembly such as ~ printed cirosit board must be replaced m order .to install tha new software, these assemblies may be porchascclby tbe customey at a 75% discount off the current hst pnc~ of a now asscmbly. SO~ updates ~Txluested to be i~stalled a,t a time other than th0 regularly scheduled inspection will be billed at $205~ per unit ~ ~ uikhte. The_cost of/he software ulxinte~will be billed on a separate invoice. · ~f ~t<~ ~~i~?~. on t.h~ S~ O~ i~ .~..~ for u.t~k · a ~.Medtro~,Physio-Contwl Techmcal Serwces Representat!va ~vfll install a Lifepak I2 software update at a discount ~a~ et S2os per ~ r~t $ot~ u .~x~. te~ ~ a~on*~in~h~t~ of~s a ~'m?..t, Where ~n ~m~ ~uchas printed Circuit bo~rd must be replaced m ort~ to install ~he,new software, these essembhes may be purchased, by the customer at a 50% discount 0ff the current list price of a new asscmbly. The cost of the software update will be billed on a scparat~ inVOice. Schedule B-Page I MEDTRONIC PHYSIO-CONTROL CORP. SERVICE ORDER SCHEDULE A ConW~ct Number: Servicing Rep: BILL SUGGETr, EASS63 District: SOUTHERN -8235 Phone: 800-442-1142 X~743' FAX: 800-772=3340 { Equip~nent Location: CITY OF BOYNTON BEACH, 03593602 Paa D~tion E{Y~xmvo E~trati~. Warranty N00-Warrant~ 'Date Date , Inspections In~po:tloas 6 OS:REP&INSP:M-F/8-$ X1 $ OS:REP&INSP:M-F/8-5 XI 4 OS:REP&INSP:M-F/8-5 X 1 3 O~:REP&IN~I~;M-F/8-5 Xl I O$:P, EP&INSP:M-F/8:5 XI - , 9 OS:REP&INSP:M-F/8-5 XI 8 .' 7 OS:REP&INSP:M-F/N-5 X 1 04/01/2000 03/31/2001 04/01/2000 03/31/2001 04/01/2000 05/31/2001 04/01/2000 03/31/2001 04/01/2000 03/31/2001 04/01/2000 03/31/2001' 04/01/2000 03/31/2001 04/01/2000 03/3i/2001 04/01/2000 03/31/2001 * * Denotes an inventor/or additional,charge line ihat has changed since thc last,contract r~sion or addendum. 01/12/2000 l'rN:ChmeJ'nn N~ss~ Boynton Beach, FL. 33435 Dear ChiofN~, ' : Medtronic Phvslo-Control Corp. ' [Srx Willo~:s Road NE P.O, Box 97o~.8 con med~ronic~com customer support 800 'a, i c~m~ el~ m m~mmg ~e hi~ poffo~ ~ of My r~r~ ~e ~ it is ~ for you to rm~ ~ S~po~ PI~. rm~l S~po~ Pl~;' iii m~ ~ ~ ~pro~l, plo~e si~ ~d r~ . ~s to o~ ~m ~ ~e ~clo~ ~i~o. Y~U'~y k~ ~ec~y ~k~"CUSTOM~ COP~ ~r yo~ ties ~d r~ ~ec~y ~ "M~oNIC P~SIO-CON~OL COP~'.. ~Y0u ~r a~gus to be pa~ers m h~ ~o. If you ~odd 1 ~ to maa ~eg 1~800442.1142, ~fi~ 1, e~si~ 2743.' ' ' SinCerely, MEDTRONIC PHYSI0-CONTROL CORPORATION Bill Suggett Toch'.Svc. Rep EnclosmZe .FL 3~435 This Servic~ Order begins on 04101/2000 and expires 6n 03131/2001. ~d~et t~ the ~ ahd' ~CO~t~0ns on the xeVer~'~!o~ ot tins a~mon~ ana~any o~-~ ~,~'~ , Special Terms I None PHYSIO-CONTROL CORP. ' Customer,' Print: Title: Date: Purchase Order Number: Territoff Rep: BILL SUGGETT Phone: 800-442-1142 X2743 FAX: ~00-772-3340 Reference Number: S63-1060 Rene~val Customer Contact ~ CHIEF YfM NESS Phone: 561-742~6333 FAX: 561-742-633¢ 01 / 12/2000 MEDTRONIC PHYSIO-CONTROL CORP. PRODUCT SUPPORT PLAN SCHEDULE B DEFIBRILLATOR/MONiTOR LIF'EPAK®I 2 (Schedule A). ? Therapy cables arc excluded. · SpO2 Sensors arc exciud~' ny current and/or future available LIFEPAK® 12 upgrs~ is · M~aii,~ic Physio-Control Technical Services. - ~ the ~s outlined under '~DiscardingJ '' ~ and · Medtr°nic-PhYsio-Contrcl shall r~lace uj~to 4 Medtrcnic Physio-Control Bali Paks ~ FA.$TPAK forI~ASTPAK, FAsTP:~K 2 t~ ^ ~,,~ ~ ~- . . .cry ,0 Ice for hkc) battery Le. -' ?'~ property of Medtrenic 12® of exchange. , · Physio-Control and'must be returned at the time Tiro'cost of the SuRware update will be billed Schedule B Page I MEDTRONIC PHYSIO-CONTROL CORP. SERVICE ORDER SCHEDULE A Contract Number: Servicing Rep: BILL SUGGETI'; PASS63 Districl: SOUTHERN. 8235 Phone: 800~42-1142 X2~43 FAX: 800 772-3340 ' [ · 03593602 Pa~L Numbea' Serial Number lJno VB852-02-000009 3438682 VB$S2-02-000009 8438644 VBSS2-02-~00009 8438295 VLPI2-02-000025 8629974 VLPI2-02-00002~ g628973 VLPI 2-02-000023 g629943 VLPI2-02-000059 112019]0 VLP12-02~00059 [ 1201950 VLPI2-0~-0000~9 11201951 * * Denotes an inventory or additional charge line that has changed since the last contract revision or addendum. Effe~iw Expiration Date Date 04/01/2000 03/31/~200 04701/2000 0]/31/2001 04/01/2000 03/31/2001 04/01/2000 03/3112001 04/0112000 03t31/2001 04/01/2000 03/31/2001 04/01/2000 0~/~ 1/2001 04/01/2000 03/$1/20~'1 - 04/01/2000 03/31/2001 Wan-tory Nen-Wan,ant~ 1 1 I I ;,~? ?~ ~ _ RESOLUTION R OO- A RESOLUTION OF THE cTrY COMMISSION OF THE-- BEACH, FLORIDA, RATIFYING. IV-CO NSENT AGEND~ :- ITEM C.5 _ ~_~, THE ~ OF BOYNTON BEACH, FLOR[DA AND THE NATIONAL CONFERENCE OF F[REHEN'8~ OILERS SEIU, AFL-C[O, CLC,. LOCAL 1227 (WHI'rE COLLAR BARGAINING UNIT) FOR? THE PERIOD FROM lggg THROUGH SEPTEMBER 30, 2000, AND. { ; ! DATE~ WHEREAS, the City of Boynton Beach and the NATIONAL CONFERENCE CLC,. LOCAL 1227 (White CoJlar -.Bargaining Unit) have successfully, concluded negotiations for a one year contract;and .= . WHEREASr the Agreement was ratified by the Bargaining Unit of the Union; and WHEREAS, the City comm*~sion of the City of Boynton Beach deems it to be in the best intareaL~ of the residents and citizens of the City to ratify the Agreement and execute the same; and NOW~ THEREFORE~ BElT RESOLVED BY THE CITY COHHI~SSION OF THE~/'~OF BOYNTON BEACH~ FLOR~DA~THAT= The aty Commission of the aty of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the NATIONAL-CONFERENCE OF' F[REHEN & OILERS SE[U, AFL-CIO, CLC, LOCAL 1227 (White Collar Bargaining Unit)~for'the period of October 1, 1999r through September 30, 2000, and authorizing and directing the Mayor and City Clerk to execute the Agreement; a ,copy of said agreement being attached hereto as tATTEST: i;Oty Clerk ~. ' . ' Commissione~ ~ ~ Commissioner LABOR AGREEMENT BETWEEN- ~ · The City of Boynton Beach, Florida~ - and The NaUonal,Conference of Firemen & Oilers, SEZU, AFL-CZO, CLC, LoCai~ 1227- White Collar Bargaining Unit~ Effective October 1~ ~/999 September 30, S:ca\Collectivc Bareainin~ - White Collar CBA 030700 Version TABLE OF CONTENTS Article 7 8 9 10 17: 181 lng 22 t 23 24 25 26 Health 27 Provisions 28 29 30 I hts 3 1I 21 '---- ~0 31 37 38 42 44, 45 51 52 53 54* 55 56 57 58 S:ca\Collective Bargaining\White Collar CBA030700 versio~ AR'i'~CLE 1 - PREAHBLE The general purpose of t and between SEIU 2. to Set for~h':~erms and conditions of and meaningful labor, relations for the ~3pacEy as an employer, :the S:ca\Collcctive Bar~,ainins\White Collar CBA030700 version J 'ARTZCLE 2 -, RECOGNTi"ZON Section 4. ~ .llhe bareainino unit: is # , the right to join or present when S:ca\Coltective Bar~ainino\White Collar 2BA030700 ver~io~l ARTZCLE 4 .- STRZKES S:ca\Collective Bargaining\White Collar CBA030700versi0r~ ' ' - ARTZCLE 5- NON, DISCR~f4ZNAT~)N ~ ~ Section:2. [t is agreed.t prescribed by ~ in the Union. a~he nd against, as handicap, sexual S:ca\Collective Barwainin~Whit~ Collar CBA030'/00 ver~i(~t OF TI~E C1~'~ S:ca\Coll~ctive B~r~nin~\Vv'I~te Collar CBA030700 versio~ a formal hearing on any matter and s and tWO ilar released with be cumulative total of '200 hours pay per year for The hours shall for all other steward to steward, provided the total If the total hours used exceeds 200, payr and only at the discre~en of the whose approva[ shall not be unreasonably _ withheld whenday to day operationsreleasing in any department. For purpos~ of this Artic~le, a -~/~'~ ?"! S:ca\Collecfive Bar~ainin~White Collar CBA030700 version ARTZCLE 8 - BULLE'rZN BOARDS shall be pmv)ded ,, A boards~ at each where unit employees NaUonal Conference of Rremen bulleUn boardsShall be used for posting · but resbicted to the following: be unsign_ed) in an orderly on such with a~ s will be and removing bulletin boaffls Section 3.~-~ The Union shall not post endorsements~, for candidates who are ruhning:for offfce~:' :; S:ca\Colleetive Bar~.ainin~t\Whit~ Collat' CBA030700 v~;ion, AR'rZCLE g - DZSCZPLZNE ,e 2. pUblic 3. When 1, Counseling: and element to and its.~ will be' necessary. reserves ~the. right There is~ no on incident, 2. Although .progressive; disdplinary actions are encouraged when circumstances support such use~. the severity: of misconduct and the drcumstances shall determine the nature of the discipline. 3. A number of factors should~be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may indude time interval~ between offenses; effectiveness of prior disciplinary actions, insubordinatior~r employee wi lingness tO improve, overall work performance and teamwork. 4. Certain misconduct is so conb'ary to the public interest that dismissal shall ' be the only appropriate measure; . S:ca\CoIlective Bar~aininmWhite COIIarCBA030700 versiort ~.~ .... individual basis without creating a precedent for situati~3ns w~ic[i may arise in the futUre,.~ This case-by, case. me~hod is designed to take individual cirCUmstances and/Or mitigating factors into acCOUnt. These proVisions are not to be construed as a limitation Upon the rights of the City, but are to be used as a guide. 6, disciplinary or the failure to follow Me complete(t' disciplinary documents to Personnel, shall serve as grounds for discipdnary action. or shall represent M[SCONDUCT~' are cc~. sh~ll result in discipline and' the progressive may accompany the vio ations; e Conduct unbecoming of a C ty employee. Conduct unbecoming a Oty ~ml~ioyee m~ans: ~, Employee be..havior or actions on the part of the m~31~e~ Which hinder or jeopardize the successful operation of the Oty, ~nde~ine'teamwork and cooperation-among Cib/ empl°yees~ or undermine the Public confidence in the City or its employees.. ViOlations ordisregard.of Ob/Safety Policy & Procedures, including: a. Careless useof vehicles or equipment b. Failure to use all safety re=b~ints when riding in or operating a City vehide andor use prescribed uniforms or eqUipment Abuse ot~ Personnel Policies, including but not limit~ a. Abus~ of sick leave pdvileges~ sick leave policy or. excessive absenteeis~ b. 'Failure .to. notify'Department and or Human Resources.of current address and telephonenumber within 10 Calendar days of change c. Failureto report any outside employment Abuse of dep ~a~ne ~r~a[ procedures_and work rules including: ,:' a, Failure to.provide'name and off(da[ title to any person requesting same when .performing work related duties~ S:ca\Cotlecfive Bargaining\White Collar CBA030700 version · Habitual extension of lunch pedod or break periOd for work without va d mason 5. · of SERIOUS MISCONDUCT 1. Violation or disregard of Ci~ Safety Policy & Procedures, inClud~g: a. Continued miSoSe _o~ equipment Or negligence resulting:in f n~ry to self others or damage to Ob/equipment Or p~ol~erty ' · ~ b. Horseplay po~.ntially haZardous'to lif~ or property' c. Unauthorizec[ use or unsafe operation of City property, equipment or Vehicles ~' ~ 2. ,Abuse of Personnel poll*des, including:- a. Threatening a ~w0rker Or supervisor- b. Use of ab~ language to" or; about an supe~r the- a su employee, co-worker, procedures and Work rules, including: ' of b, i time in to department within one hour. of'shift start ~rs, special shifts or unavailability during S:ca\Collectiv¢,Bar~aiuin~\White Collar CBA030700 versi°~ e. Outside employment which~ conflicts, in.t. erfered'or OtherWise hampers the performance of the employee in their Cib/jOb 4 Inefficlen~ or Incompetence :'~: /--- ' ~- ~: -' ~ :i ' ·" may result termination: ofassign .ed duties .t0~ an~l. 'including include failure' to Not follow~ ~Below I ptc~ The. following Chart OPH=NSETYpE'. I~:OCCUR~E 2ND · 3RD~' r '" i' ? OCCURRENCE. OCCURRENCE Serious'. ' ' '~ Wriu;en'Repnmai~(~ Sqs~nSlo~"; - Di~j~ji MisCOnduct: ' o~~ SUSpensiOn: ~?hoUt Pay or , :Withou Pa¥ ?, Dismissal ~ EXTREME MZSCONDUCT 1. documentatio~ to PJsk necessary S:ca\CoIlective Barmainin~Whtte Collar CBA030700 versinn - ~r While repo~ng to work under with The fo )ccurred MiscondUct' ): Dismissal?-: arbitrator ,is not. bound in any manner by such the need for the { the ~nd is free to level of discipline if the employee is When an immediate supervisor ~comes aware of conclusive evidence of he/she becomes responsible anct shalk or lack of performance, prior to Hun-tan~ fOllOwing administered. any sworn statements; involving any City These Human documentation ~ or level of responsibility for acquiring Admini~bai~ve investigations shall be an i~ City. The Police Departmen~ Direct°r of the involved unlawful or other extreme, crimina~ investigations shall be S:ca\Colleetive Bargaining\White Collar CBA0307O0 versio~ ~r ' ._ The immediate supervisor 'r~ay initiator a pay to afford a supervisor the 17 less an an Written r the the and The to the future ncluding with a S:ca\Cotlective Bal~a~n~n~kWh[te ~'ollat~C-BA03070OYersto~ .- ~ of -the period prov'~le a specific opportunity ; relative to the discipline, Written :has one to a suspension p t~ and for level .classification, witha resulting decrease int ~ ~ to such instances, demotions may occur in some cases because c~f the inabilitY:to · ~'/~ blfill to f. he · A written notice of recommended termir person. -. However; a~er t The dismissal recommendation and the City Manager's final :decision shall~ be in informatiorr: employee, of, three (3) days or J The the nst the and any further investigation the charges, the ~ shalJ sustain, _notice of 1. Probationary employees shall nOt have the right to appeal or g~eve any ~,~'~; 2. as wot b~ of a ~ or S ca\Collective Bar~ainin ~\Whito Collar CBA030700 versiort : B. Discipline, which is more severe than-a written or verbal warning, but less severe than a four-day suspension shall be appealed through the expedited grievance the term of all pending four months~' to bvO hours, Witnesses shall bE · ec~ion ~ Step 1. ' :' Within five (5) days of the inddent er the time which the employee should have had. knoWteege of the. indden~, the~· emel.~,loyee may. in tiate a written ~...~.~.,.. ~~ith h!s/her immediate s per,or durine normal'work h0um~ He/she may have the Union steward pres~ ~t the grievance to the Supervisor if he/she .desires: The discussion Will include t d~,e~c, r~ption of the action requested and the oasis for th~ request.- Within flv. (5)'~ days, the immediate supervisor shall respOnd to ~ employee with his/h~ r d~islon in writing. The wri[ten grievance should ?tate ~e following: A. A statement of the grievance anc the B. The Articles and SeCtions of this ~re~ C. The acti~edy~ or adjustmerit req . The ~gna~re Of the aggrieved e~nploy Failure to speCificallY state any of reouest the information onor to ft~'thet Step 2~ If the complaint has not been r~ employee may appeal to Step 2 to~ receipt of the grievance, the DJ' employee and sch~lea meeting a The Division Director shall respond i: ~cts upon which it is based. nent alleged to have been violated. Jested. ~ or union representative, and date ur (4) above items allows the City tn oroc~=~in~_ )lveq!~ in Step 1; within five (5) days the e D!yis!On Director.~ Within five (5) days of sion! Director will contact the aggrieved the-Division Director's earliest convenience. wnb;ng within five (5) days of the meeting. S:ca\Colle~t~ve Bar~a{nin~Whita Coilar CBA030700 versiow~ Step S. -" diSPosition j si~ii~decision, ~arbitrator to be the City and the Union ~-after the either party a petition maybe' made DC to supply and Section 6~ not apply. Section 7. parties. The heating: shall be i I and the strict Pales ofevkience shall The arbitrator's fee and expenses shall be divided equally by the hSection 8. Either party, to this Agreement desidng transcripts of the arbitration earings shall roe responsible for the ~ost of SUch transcripts. Section 9~--.-l~j~ and grievants who appear for either side shall suffer no loss in pay or benefits for the time spent testifying as a witness: J- S:ca\Collective Bar~aininatWhite Collak CBA030700 version ARTZCLE 11_ - BASZC WORK WEEK AND OVERTZt4E ' 25 S:ca\Collegtiw Bart~alni'aa\White Collar CBA030700 version AR1/CLE 12 - COMPENSATORY TZME this agency. The u~ must be pursuant to some form of g unit~ City will apply the folloWing schedule for , rate of pay ' '- ~ ~ - ~ - AR'rZCLE ~3 ~ S~'CK LEAVE w~th Workers' Compensation ~ ........ ~ .... ,'y'c ,.,,~ supplement Worker'Srcom~nsatiorl paYments. ~er status E~. Sick eave pay may be paict (in cash) to an employee for extraordinary circumstances' of hardship and may be granted if the employee has the amount of sick leave credited to his/her sick leave account. The sick leave ~na.Sh out may not ~ .ex.c .eed eightY (80) hours and the employee must retain a mimum of 120 sick hours or{ the boOks. Denial 'of sick leave pay Will be made in Writing ~ting the reasons for the denial. Section 3. No employee shall be entitled to sick leave in the excess of the amoU~..nt of'sUCh leave accumulated to his/her credit; Employees may accumulate unlimited s~e~ · . Section 4~ An employee making a depafb~entai transfer wilt retain any unused sick leave; . . Section 5. For all employees employed as of September 30, 1991, employees (or their.benefidaries in the case of death) that have att;~r,c~ pc,-m,,;~,cn~. ~;~c completed their probationary oeriOd and are regular emPloyees will have payment made for unused sick leave at.the rate of one half (1/2) of the total number of hours:accumulated,.not takeri, upon termination in good standing, or retirement or death. Employees hired after October 1, 199~., that have attained S:ca\¢011ective Baroalnlns~\White Collar CBA030?O0 version.- S:ca\Collective Bar~a~Whit~ Cotla~ CBA030700 versior~ ~ [ Continuous Years of Service, Leave ,. - Service lO, full years 29 Percentaee of Accumulated Sick 10%~ 200/0 30% or early currenuy Sharing Sick Leave (1) It shall be the policy of the City to permit an employee who has a minimum'of 120 hours sick leave theoppom~nity 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 ~ick leave and vacation leave doWn to fo~/(40) hours~ (2) Extraordinary circumstanc.~ shall be defined as lengthy hospitalization, critical illness or injury. (3) When there appears to be a need to share sick leave, bargaining unit members who are willing to con~bute sick leave hours, must confirm through the Rnance Depart~n~ ent that the hours are availabler and shall submit a Personne~ Action form to~ the Human Resources Department for proper charge to their sick leave records. Sectior~ 7.-~N~'-member shalt be placed on restricted sick leave unless that employee h~s ha~ a counseling session with his/her Director or Deparbnent Head. During that counselLng ~_e~..~ion, the employee will be: informed of the reasons being~ considere~ for ~e~ sick leave. At that time, the employee will be given .an opportunity to explain the sick leave taken, however, the Department DIrector~ shall have the sole discretion to place the employee ,on restricted Sick leave,i When an,e.m..Ployee is placed on restricted sick leave, me employee Will he'nofifiect in writing Of that fact. An employee' placed on restri~ed sick leave shall be re-evai~Ja _t~d.' in three months. Tf no violation_ is noted the employee shall be rem. eyed from restricted sick leave status. [f not re- evaluated within five (5) worldng days after the three (3) month pedod, the S:ca\Collective Bar~ainln~'\White Collar CBA030700 versio~t~ will be removed leave, The /~i\~ r stating that he/she S:ca'xCollective Bargaining\White Collar CBA~)30700 version]; :-- _ .~ _ the 7 of injury, the injured employee may elect leave and take for the in accordance Failure or the additional City supplement : accepts the claim, the or receiving will be , return to work with a Ught Duty is work available status S:c~t\Collective Bargaining\White Collar CBAQ~)7QQ versior~., ARTZCLE14- FUNERAL LEAVE Section ~nted time ¢ SeCtion2. For purposes of this Article iS Section 4. The City Manager may grant additional leave under this Section which shall-be ,debited agains~ the employees annual or sick leave time or may be granted as leave without pay; S:ca\Collective Barvalnin~White ColIar CBA030700 v~rsion ARTTCLE 15 - Iqlrl..r'TARY LEAVE Jn al S:ca\Colleetive Bar~ainm~XWhite Collar cBA03070O vel~ian AR'FZCLE :1.6 - LEAVE OF ABSENCE 35 Section 2. FAH[LY HED[CAL LEAVE ACT'- The Ob/: recognizes it's obligation to: abide by the provisions of the Famity' Medical Leave Act- which allo~vs ' * medical masons, upon , EmPloyees'must use all :°aid S:ca\Collective Bar~,~{ni~,\White C011kr CBA030700 vCrSfor~ AR'rZCLE :1.7 - 3URY DUTY 36 ~ot of ~0 hours in'~the.pay period without the shall occur cl~dng the period of the: f for sUCh hoiid~y at s~raight time. Section 4. The employee must provide the department director with .proof jury duty service, before compensation iS approveo~: Section 5. Payment forjury duty will be made as follows: A. 3URY DUTYIWI'rNESS FEE~- A ! pay granted under this section mus~ be approved by the CiL~ iVlanager: leave with pay may be authorized in order that regula[ employees may serve required ju~, duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, pro_.vided that such leave is reported in advance to the Pcmc~.~,c; Human Resources DIrector. In order for the employee to receive their regular pay for such leave the, employee must dePOSit the money which he/she receNes for iury duty or as a witness with the City Finance Depamnent for those days that coincide with his/her work schedule. Employees can- keep: Only trave~ expense monies. Employees subpoenaed as witnesses in ..cases- unrelated to City business may take vacation leave in order to receive pay; S :ca\Collective Bar~aininc~White Collar CBA030700 versioq [ AR'I/CLE ~18 - iVlA[NTENANCE OF CONDITIONS 37 S:ca\(~olleefive B ar~ainin~\White Collar CBA030700 version ARTICLE 19 - SENZORZTY Section 1. For S:ca\Collective Bateainine\White Collar CBA0307O0 vcrsloq ' ARTZCLE 20- LAYOFF AND RECALL Witi3Jnr the time Section 2,~ Layoff and recall of employees shall be handled in the following manner: a. The City Manager may !ay-off any, employees in the bargaining 'unit whenever such action is made necessary because of shortage of work or funds,~the abolitlenof a position or changes in the work force. Hov~ever, no regular employee shall be laid-off while there are employees with less seniority or temporary or part time or provisional or probationary,employees in the same dassification serving in the depa~b.ent where the lay-off occurs. b. Whenever a layoff of one or more employees becomes necessary the. City Manager shall notify the Union at least two weeks in advanceof the intended action and the reasons therefore. c. Such layoff will be made in reverse order of seniority within the_deparb~ent: Senior laid-off employees of the depa~b3~ent shall be able to .displace (bump) junior depa~E.ent employees who am in any equiValent or lower classification for which the bumping employee is eligible for or for which he qualifies° d. Laid-off' employees also Shal! have the right to accept the lay-off. In this connection~ the la~d-off employee shall have his name placed at the top of-the eligibility list for any position which becomes Open, and. for which the employee is qualified; The S:ca\Collective Bar~ain;n~\White Collar CBA030700 version employee may pass position for a period of one yeah that were cashed in during lay-off pedod; not, mapp y to a ensure the City. for the~.. ayoff. The with a return an S:ca\Collective B~r~ainin~\White Collar CBA0~O700 version- ARI'~CLE 21 - JOB POSTING AND BTDDZNG ~ J Form. 2. Form, Huron postedfor will prior postings J position inimum other- tO the general applied c6mmenced Temporary o~ do not: require job ~has no- benefits S:ca\Collective Bargaining\White ColIarCBA030700 version ARTICLE 22 - RECRUI"I'I~ENT AND SELECT~ON !~' '-i~i - / ? respOfi~[ble for nondiscriminatory the Human Resources tentative selections~ and;- ~mary responsibility for hiring :-to be considered-non- indicated as made to an be Resources Deparb~ent has officially announced the posting of a 3ob' Opportunity, the official begun. The Human Resources Director may employment must submit Empl~ment Form, a letter of proposal, or a resume are~ encouraged to submit a r consid, eraflon shall complete an Application al: some point during the employment prOcess. must be .sighed and' certified by the applicant. ~ part of the Application for Employment or any ~ denial of an application be received by department~ must be S:ca\~ollecfive'Bar~inlv/t\White Collar CBA030700 versiort - -: 5. :-- '~'~' The Human Resources Department may accept applications for employment even current vacancies for a specified ~ ~-" position.~' - applications and closing t is filled. 7; Certai may require applicable testing pdor to administer tests ng score$~are attained prior to ~ 8. ~e Huma~ R~u~ ~pa~b~lent shall a~i~ the appmp~m Depa~ent H~d of'~e ~igible ~ 9. U~r~ ~eel~i~eapplim~on,,~edepa~e~shOuld:- a. Revi ~ and ~alUa~ all aPpl~Uons and r~m~ ~ . on, but not li~ ~, rela~ quMifi~B~ ~owl~ge, abil~, ~, ~1 ~j~dence, and ce~fl~fions~r licen~s r~u ~ in acc~rd~c ~i~ ~a~ s~fim~on~ Vete~ns Pmfe~e will g~en~n c°m ~nce wi~ chant I~isla~om mu~ ~e me[ ~epa~ ,h~ r~pon~i~ili~ ~ ~i~ sel~on. c. - ~pam an~ inte~i~ sch~ule and condu~ inte~ie~. Human RetoUCh. m~ ~i~: in' ~ulin~ con~n~, or co- S'ca\Collective Bar~mnm~\White C6tlar CB A0~ 0700 v erst'on ~ ) is most suitable for further consideration interviews, if necessa~.. - of S:ca\Gollegfiv~ Barvainin~\White Collar CBA030700 version; A~ B. Selection, Reference Checks and the Recommendation Process 1. . Once the interview pro~ess has revealed suitabe applicants, t~e ~ refemnce checks and screening steps shou d beg n by the department. 2. ' . Human ReSOurces will C0o~inata additional form completion with the applicant and will conduct ref~erence checks. Academic degrees, preVious employers, character references, and all information provided on the Application for Employment will be subject to verification as needed. ~3. Once the results of reference checks and screenings appear will be So' notified'in order that fi~rther with for emplOYment processing. [f be included for and in conjunction pre-employment physical and drug to perform the duties of the 6. physical- eXamination and drug test may proceed with .the hiring process. 7. ~ is the City's intent to employ the most qualified app icant best suited for ~ position. Current emp~loyment with the City s a factor, but is not, in aiid Of itself, determinative 6r controlling~ A~ C. Employment AcCeptance~ · 1. Employment acceptance must be made by the applicant within three (3) WOrk days-of the:depad~nent's employment offer, unless otherw se exte~ded~ bY theHuman ReS0~rces Director.. If employment acceptance is decl!nect,' the dePa~hnent~ may consider another, applicant from the r~s applicant pool, Or the department may choose to begin a new-recruitmenl:-Employment Procedures shall be followed in either case~ 2. -The Human Resources De[ ' of the tentative hire date. E New ~mPl°Yees must provMe " iden§ty to the City. Hum e pl~yee paperwork to the 3. The Human Resources Del program for ali new empl organization, to complete rtment must be notified by the depa[b~ent ployee orientation will then be s~heduled. 3roof of work eligibility and-verification of in Resources wilt process the necessary tance Department for payroll purposes. ~artment shall conduct a gen.,e_ral orientation ~yee~ to explain the City s history and afit program enrollments, and to stress the S:ca\Collective Bamainin~\White Cotlar CBAO30700 v0rsion -'use of safe work practices and the City's commitment to excellent S:ca\Collective Bar~alnin~\White Collar CBA030700 versiort ARTICLE 23 . HOL/DAYS N~ew Yeads Day * · artin LUther King, 3r. Day - President's Day Memorial Day [ndeoendence Day without Holidays are not, c eigh~ (8) scheduled, off working ~is or hei~' birthday w~h notice to their ,. taken on Friday or Monday becharged, as. a vacation day. ,. employee shall be entitled to rat~ of pay~ except where (;tO) hour da~; In thatCase, ., employee is straight time for not on during a pay for working the Section3.. an observed' the, holida~ HOliday~ vacaaon leav~ actually works on their regular rate of that:payment provided in Section 2. jury duty, sick leave~ pay status on the day ~ it is earned. I not be charged against ~ach Section 5. Holida.y.s falling on a Saturday shall, be observed the preceding FFiday. Holidays falling on Sunday Sliall be observed the following Monday: The City Manaoer has the au~horitv to 'r~eschedUle the holiday .Y~ ~ S:ca\Collcctive Bar~ainir~\White'Collar CBA030?00 verSiow · '_ ARTZCLE 24 - VACATZON Section 1~ The following outlines the ~ployeeS~: *.~:~ _ ':~ plan A: The following language' employeeswith an employment date prior to Each fullUme employee shall of 1 ng day 1 year year 2Z S:c~t\Collective Bar~inina\White Collar CBA030700 versior~.. 20 Years · · 21 Years & Al~er Vacation. leave the leave The I and. schedule, apply to ali full. time< be the not Year Years but less than 5 Years but less than 10 10 Years but less than 20 136 20 Years and after 160 6 12 15 17 48 96- 120 S:ca\Collective Bargaining\White Collar CBA0$OT00 v~rsi~n ,: ARTZCLE 25 - WAGES of this be¸ · , S:ca\(~ollecfiveBaroainina\WhiteCollarCBAO30?OOversion, with all shall make S:ca\Cotlective Bar~aininr,\Whito Collar CBAO~O700 ver~0~l ARTICLE 27 '_ GENERAL PROV~SI~ON ': t~los~ Sect~on~ ~ pon t al: no with each actions action. eferred to ecl:ion 6, The City will pray de re mbursement for tui ' tion and bOOks for any full time Pc~-'-~,ant J~O:Ja3Z~Z0~d3~emp oyee who chOOses to obtain a High School degree, G.E,D. or equivalent, or who chooses to attend an accredited college or university;' course, attains a grade of "A, or better will receive 100% reimbursement; a grade of "B~or better, 75% reimbursement; or a gradeof"C" or better~ 50% reimbursement of the tuiUon and books for the course. In I compensation for Employees. who wish to enroll in a G.E.D. or High S~hool. Equivalency program may;-upon the ~bmissi0n 0f appropriate registration materials, be advanced by. 'the FinanCe Department, a check for the coSt of registration and books. Courses r~ Jst lead tO a degree in ~e field of disdpline that may enhance the member's ,erf°rmance in anY City pdsitJon. The committee to review the validity of thecota ;~and degree P~ran~ fo~ which'the reimbursement i$ applied will be 3f the.~ emp!oyee's~ Department Head, ~ Human md Rnance DirectOrs or their designees.~ Approval ;for participation n rsement pr ram :hc~ ff mum' be made d0r to ' ' : . og ~ p enr.o, lhng ~n the course, -r ~e committee will forward, the recommendation tothe City Manager who will ~h~e the final approval for payment., Employees ;are eligible for a maximum bf~$~: per fisCat year on ~a first come first serve basis, but in no will[ reimbu~meht funds be approved:that exceed the budgeted allowance. This be retroactive aad will only cover classes taken in the fiscal Section..7~ For, ~ti?.: term of this. agreement, employees who are required to wear unffo~alt, receive the same number of' uniform Pieces allocated to them priort o ~e ratification'of the agreement, The cost of the uniforms shall be b6rne bY the City. - S:ca\C°lleefive Bargaining\White C°llar CBA030700 ver~iqff _ i,- ~ ARTZCLE 28- SAVZNGS CLAUSE S:ca\ColleefiVe Bar~,~/nin~\White Collar CBA030700 version -- '~ -;~ ARTZCLE 29 - DUES DEDUCTZoN Section I mployee~ ~overed by this Agreement. /~" - ~nthe ~ authorize payroll deductions. from ,their Unien Steward ,or the month in of Union amount of Union dues to the;~W in writing over the Union membership at leastone (1) payment Union office and Union staff shalF b3 the made Section4. For the purpose of p~ ~u~ting this Article into effect, the Union will furnish rforms for such individual authbri~atiOn. S:ca\Collect[ve Bargaining\White Collar CBA030700 v~'r~ion . ;:" _ S:ca\Collective Bar~,a~nln~\WhiteCollar'CBA030700 version ' ~'~*, ~- ARTZCLE~30- PENSZON S:ca\Cotleetave Bar~amln~White Collar CBA030700 versiolt . ~ ,- ,- ARTZCLE 31 -. DURATZON ~0oo, I .S:ca\~ollective Bar~'~inlna\White Collar CBA030700 version:- ARTICLE 32- PROBATIONARY PER/OD, Section 2. Ali 6 months. or rehimd employees sha l be subject to a probatiOnary.period of S:ca\Collective Bar~ainln~\White Coltar[CBA030700 versiqq AR1/CLE 33 ~ LONGEVITY BENEFITS 61 on the Employees will' receive a cash LUmp Sum Bonus as follows: On the employees filth (Sm} anniVersary a lump sum payment of $500.00 On the employees tenth' (:tOm} a~nniv..e.rsary a lump sum payment of $:t;000.00 On the employees fifteenth (15~) an.niversary alump sum payment of $1,500.00~ On the employees_ twentieth (20~)· anniversary a lump sum payment $2,000.00 l. Any pay earned for Longevity Benefits is subject to required federal deductions. 2. Each Department Direc~J3r is responsible for projecting the- number of employees eligible for Longevity Benefits in their depafb~ent and budget accordingly for each fiscal year. 3. Benefits shalt not be ~aid beyond termination payout~ Employees who terminate from City empleyment prior to their to their hire anniversary date will not be entitled to benefits~ S:ca\Colleefive Bar~,alnine\Whito Collar CBA030700 versiotr -. ARTICLE 34 - BONUS 62 Manage~. one bonus City money and:Only the- the S:ca\Collective BamaSnlne\White Collar CBA030700 vcr~ioq AR'rZcLE 35 -' cTrY MANAGER ZNCENTZVE PROGRAH~ '~ ; must,be done a consultant. r t~e City Manager's office, commencing at~ the last City Commission meeting in S:ca\Colleetive Bar~alnln~\White Collar CBA030700 version ARTICLE 36- BONUS DAYS However, this time. receNe on ¸2. S:ca\Collecfive Bar~ainln=_\White CollarCBA030700v~rsioq:: -_.- ' AR'F~CLE 37- MANAGEMENT I~GHT$ ' that 65 Re or¸ B. To maintain ecenomic.stabil!ty. C. : existing methods of operation, equipment, or facilities technological changes or improvements ~ehides, and all other materials or supplies; c=. D.To determine-the methods, income and personnel by which such opera~ons are to be conduct .'~-~ E. To select; hire, test, classify, promote~ train, assign, retain, evaluate, lay- off, schedule, and determine the qualifications of ali employees. F. To suspend, demote, discharge, reprimand, or take other disciplinary action against employees for just cause, G. TO determine the organization of City government.. S:ca\Collective Bar~a;nin~\Whito Collar CBA030700 version: H. · To determine the purpose and departments and posiUons therein. 66 extent of each of its constituents, job assignmen~ J... ~ 'Fo ~anage~;and ~irect the work of the employees of the City, inCluding the ngnt to assign work and overtime as provided herein~ maintain effeCdve ~ internal L. To determine the number, type and grades c~ positions or employees assigned to an organizational unit, depadment or project; .H. To determine lunch, rest pedocl~ and clean-up, times, the. starting anck quitting time, and the number of hours to be worked. Work schedules Will b~ posted, and will not be altered in the midst of normat pay periods as providect herein. ~ N. To adopt or enforce cost or general improvement programs. O. Ina civil emergency, to use personnel in any lawful manner. Section 2. If, in the sole discretion of the City, it is determined that civil emergency conditions exist~ induding, but not limited; to, riots, civil disorders, hurricane conditions, tomado~ or other emergency cond tlons, the provisions of this Agreement may be suspended by the City dudng the time of the declared emergency as long as employees remain in a pay status.. · ~ S:ca\Cotlective Bar~ainin~,\White Collar CBA030700 versio~ . . of' 19 ~ , NATZONAL CONFERENCEOF FZREHEN & OZLERS~ SEZU- AFL-~]:O, CLC Witness. CI'TY OF BOYNTON BEACH~ Witness Mayor Witness ATrEST: Witness Ci~ Oerk ~ APPROVED AS TO FORM AND CORRECTNF--C~:- OW Atb3rney Manager S:ca\Collecfive Bar~ainlng\White Collar CBA030700 Yersion~. Date ratified by Commission: S:ca\Collective Bar~ainin~\Whito Collar CBA030700 version ratified by Union: APPENDIX A 69 POSTrZOI~ Police Rec0rds Clerk Building )'~r Plumbing/Mechanical Inspec~r Electrical [nspector" Fire Inspector Plan Review Analyst Plans Review Technidan WAGE RANGE $30,349L- $45,534 Senior Building Inspector- Senior Senior Senior Planner Economic Research Analyst $32,528 - $~8,792 S:ca\Collegt~vg Bar~ainin~,Whit~ Collar CBA030700 vemiort Date ratified by Union: APPENOD(B ' COMblUNZCATZONS DZSPATCHERS WAGE AD2USTHENTS AND NEW WAGE RANGES EMPLOYEE ~ NEW SALARY AD3USTHENT K.Williams $~1.678. ' S3.889 M.Pfincioe $30,908 ~;4,430. '[.Muth $30:908 $4,43Q T..lada $30,908 $5.449~ SiMcCrerv ~;28~704 $4,804 T. McSweenev $28,70ar $4,555 i~Bean ' $26,645 S4,555 M.Sweet $26,645 $4,555 B. PqweII S23,712 S3,723 M.Farin0-Ruiz $23.192 $3.203 E.Stevens S23.192 - $3.203 LRoeers , $~3.192 $3.203 A.P~;k $~_7~60 $2,371 3.MUI~- _ _ ' _~_~_ ~60 New K.Gilmore $~60 New S:ca\Cotlective Bat~.in~\Whit~ Collar CBA030700 version. [ IV-CONSENT ITEM C.6 RESOLUTION R OO- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING ,THE CONTRACT BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE NATIONAL CONFERENCE OF FIREMEN, & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (BLUE COLLAR BARGAINING'UNlrr) FOR THE PERIOD FROM OCTOBER 1, 1999-THROUGH SEPTEMBER 30, 2000, THE MAYOR ; WHEREAS, the CiD/of Boynton Beach and the NATIONAL CONFERENCE OF FIREMEN &OILERS SE[U,-AFL-CIO, CLC, LOCAL 12)_7 (Blue Collar Bargaining Unit) have successfully concluded negotiations for a one year contract; and WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; and WHEREAS, the CiD/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 TI' RESOLVED BY THE CZTY COMMI'SS1~ON OF THE cTrY OF BOYNTON BEACH, FLOR[DA, THAT: S(~cti'o~l. - The Oty Commission of the City of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (Blue-Collar Bargaining Unit) for the period of October i, 1999 through September 30, 2000, 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 wilt become effective immediately upon FLOI~DA 'City Clerk i(Corporate Seal) Commissioner Commissioner AGREEMENT BETWEEN THE ClTY OF BOYNTON BEACH, FLORIDA AND THE NATIONAL CONFERENCE O1~ FIREMEN AND OILER. S, SEIU, AFL-CIO, CLC LOCAL 1227 BLUE COLLAR BARGAINING UNiT October 1. 1999 - Sel~tember 30, 2000 Artide 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TABLE OF CONTENTS Preamble. .................................... 3 Recognition .................................. Rights of Employees .......................... 6 Strikes ...................................... 7 Non-Discrimination.; ......................... 8 P, epresentation of the ab/ ................... 9 Union RepresentatiVe ......................... 10 Bulletin Boards. ............................. 12 Grievance prOcedure .......................... 13 Basic Work Week and Overtime; ............... 16 Sick Leave .................................. 2O Funeral Leave. .............................. 24 Military Leave ............................... 25 Leave of Absence' ............................ 26 3ury DUb/ .................................... :)7 Maintenance of Conditions .................... 28 Seniority, Layoff, Recall .................................... 29 3ob Posting ................................................. 31 Holidays ..................................... Vacation ..................................... 35 2 Page .~I~''~' /~ 21 ~ - 37 22 39 23 4O 24 42 25 43 26 45 27 46 28 47 29 48 30 49 31 :32 52 Wages ........................................ Safety and Health ............................ General Provisions ........................... Savings Clause ............................... Dues Deduction ............................... Pension ...... ;; .............................. Duration.~....; .............................. - Uniforms ..................................... Substance Abuse ........... , .................. Management Rigt~ts ............................ I~robationary Pedod .......................... 8onus Day ........................................ 3 ARTICLE 1 PREAMBLE Section :1. CIO~ the AR'I-~CLE 2 RECOGNI-F[ON Section 1. The City of Boynton as exctu?e representatives for the purpose of bargaining col ectively with the City re ative to Salades and Other conditiens of employment for ~ the SeCtion 3. Section4, The barqaininq unit is as set # ................. ~'~ ............, ....~ .............. ~,~ ........... bh~ 6 ARTZCLE 3 RIGHTS OF EMPLOYEES Sectio_n 1. Section 2. in this Article. to all Section 4, discussions which cOuld present when lead to ARTICLE 4 ST'R~KES Section 1. Th~ , strike, 9 life of .~ or interference with the disavow ARTICLE 5 NON-DISCRIMINATION The lo ARTICLE 6 REPRESENTATION OF 'rilE CITY Sec'don ~.. The ~ ARTICLE 7 UNION REPRESENTATION ' ma~er be a employes i Section 4. officers or per~ leave, department. section 5. The eig.h~t (8) pay at the sole discretion of th( hearings_, for ail ),to an ~ 12 any be released with 100 hours for the If the total hours used and only at the not be effect this 12 Article, a supervisor who must:deny a steward's request for time allowed for purposes outlined herein shall 'noti~t the steward in writing, within two days, of the reasons for the denial and ~hen the steward can reasonably expect to be granted the time to carry out the purpose of his request. be processed year Sectio~ have ] the of Unit ]nt(~.with or'- Section 7. pool. This )time' request and union negotiaaons~ Or 13 ARTICLE 8 'BULLETIN BOARDS Section ~.. 14 to the A. 14 AR~CLE 9 GRIEVANCE PROCEDURES Se~on ~ the processed through the grievance procedure only dispute through labor management meetings has failed. The term "day" shall exclus~¢e of holidaysL to folloWdimctiOns 'S · hi/her heal~ and herein, The wil be considered ~ be in writing. last answer by management. e grievance 16 scheduled dates if needed every four months. Presentation by either side shall be limited to two hours. Witne$~e~ sha be limited to four for either party. II not be A B. date. · shaiL~be and Step 2. will meeti~ng.. Step 3. ; of ~Director 16 or his/her designee shal respend in writing to the employee within five (5) ;;'Orkin.3 days of~the meeting.~ ' · . Step 4. tn the the 17 disposition of date the illin( a copy of the grievance process, /~ith the aggrieved a written an Step 5. disposition and DmC. to Inthe event that a grievance is.not settled under the foregoing and within ten (10) ';;;r);)~g may be referred by either party to an impartial 3f the parties.. In case the City )n impartial arbitrator within fifteen (15) then on applicaUon of either party a petition and ConciliaUon Sen/ice in Washington, The parties will select an names from the panel. The to whom the grievance shall Section 5. The arbitrator cn;'F ~ch;~ only shall have only jurisdiction and the uthonty to ,appilrand ,nterpret the prows)ons of thLs Agreement. He/she shall not: have jUriSdictiOn te~ a te~' or change in any way the prov sions of this Agreement and shall confine his or her decision solely to the issue of interpretation or appli~Uon of the Agreement presented.-The decision of the arbitrator on any ~att~r within h s/her jurisdiction shall be final and binding on the ui~ion, the (~ity and the emP oyees ~overed by the Agreement unJess the award is contrary;to existing law or public~ policy, or is clearly erroneous as determined by a reviewing court. Section 6, not apply. The hearing shall be informal and the strict rules of evidence shall 17 Section 7, The arbitrator's fee and expenses shall be divided equally by the parties. Tn the event of a settlement, the arbitrator's fee and expenses shall be borne equalJY~ by the~p,ar,~,: u :n.!~S~ ~hey :agree,~iO~h~i~e. ., .. 19 ARTZCLE 10 BASIC WORK WEEK AND OVERT[ME Section i. The basic work week shall: consist of forty (40) hours, unless otherwise s basic '. Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours worked per'week. day. ~o~ that same (4- each day: lese assignments will be determined in Trash personnel assigned to Garbage the assigned hours for that day, and if (3) days il~ a work week, will be paid :[0 hours 3 days out or to garbage reports in sick for 2 report in for duty on Wednesday of that r 3 days or more in a pay period, he/she the [ Section 2. the work as Al work Section 3. closely:as possible, as determined by performed in excess of forty (40) ~ overtime and shall be paid at 'h . =.mployee's straight time rate our task: system assignment day shall Employees who regularly receive eight (8) hours pay for each a holiday shall receive Compensation 19 20 Section 3. Employees shall be required to work overtime as directed unless excused by a supervision, In the event any employee is required to work pi du annual leave nor be five ~the 20 Section 9. any schedule( who work eight (8) hours or more in minute break twice a day - one the a and (15) the ~nd su ;even (~) minutes , have their FOr ~-ta~ of em 21 Section 13. work in a hig~ Employees assigned in writing by their supervisor to performing continuous work days shall receive mom of~ 23 Section 2. for the following reasons: family C. Quarantine due to exposure to contagious disease. D. Tn connection with Workers' Corn e Sauon a d w ' h · · P 0 n hlc shall remain status E. Sick leave pay may be paid (in cash) to an employee for extraordinary circumstances of hardship and may be granted f the employee has the amounf. of sick leave credited to his/her sic~ leave account. The sick leave cash out may not exceed eiglitY (80) hOUrs and the empioyee must retain a minimum of 120 sick hourS on the books: Denial of sick leave pay will be made in writing stating the reasons for the denial. Section 3. No employee shall be entitl~ to sick leave in the excess of the amount of such leave accumulated to his/her credit. Employees may accumulate unlimited sick :lem~e. Section 4. An employee making a deparb'nental transfer will retain any unused sick leave. Section 5, For all employees emp oyed.~s of September 30, i991, employees (or their beneficiaries in the Case of death)Ithat have attained ~.Crm~.~,c~ non- o obat onary ............ status and are regular employees wJl have payment made for unused sick leave at the rate of _o~ne half (1/2] of the total number of hours accumulated, not taken, upon term[.nption in good standing, or retirement or death. Employees hired aflcer October 1~ 1991, that have attained permanent 23 24 ~ status and are regular employees will have payment made for unused sick leave at the rate specified in the t; Ible below, upon termination in or death, ess than 20 10% 30% retirement, or early Unused si~ 'leave may be:accrued on an unlimited based on the , (40) hours. ~the provisions of the Family & Leave of the City to permit an employee who has a ' of donating accrued sick leave and when the emp oyee has exhausted all accrued sick and vacation leave down to 40 ho~rs. (2): ~o. rdinary circumstances shall be defined as lengthy hospitalization, critical ill~nes~ dr-'Th]]ury. (3) When there appears to be a need to share sick leave in accordance with Section 6. A.2, bargaining unit members who are willing to contribute sick leave the Finance Department that the hours are form to the Personnel Office ~ their sick leave records. 24 Section 7. No member shall 'be placed on restricted sick u~ ........ , ......... , .... E, leave unless that employee has had a counseling session wit/ opportunity : Director shall have the be .'re- receive a If th~ difference f his/her normal net take home the salary supplement for a of injury. At'the end of the~hree months,~ or s.?.oner, the City Manager; Department Head, and Human Re~utces Director(or theft designee%) wili,rev~w the case for a determination of pay status, ]~fcontinuation ofthesalarYsuppiement.s granted, it can be a~ any ~te determ r{ed equitable by the revieWing commi~ee, but not to exceedanam0unt equal tO-the net take home pay. In'no case will the salary suPPlement.be~ex~-ende~ beyond six (6) months frOm the date of injury. After six (6) mo~ths from date of nja the in ured em Iee ma e ' ~ . . . ry, . ~1 p:oy y lectto receive accnJed sick leave and;after exhausted, vacation: leave, n accordance with hisJher r;eg~lar hourly Wa~e, to the. extent tha~ hisJher cor~bined s ck leave or vacation lea~;e, City Supplement; (if leSS than the full amount authorized)and worker's comP~sation b~efitS equal h[sJher regular weekly net take home salary.~ The emi~loyee must conta~ the payroll clerk to qUalif~ for the combined check. It is incumbent on the employee to make-application for disability in accordance with the pension plan they are~ members of, or the-insurance plan they are 26 covered under. Failure to do this automatically cancels the additional City benefits. the ~ ARTZCLE 12 FUNERAL LEAVE Section 1. days out of state (3) (5) working Sec'don 3. or sick leave and may not 3mputaUon, me, work of 40 hours without the funeral Section 4. The City Manager may grant additional leave under this Section which shall be debited against the emPlOyees annual or sick eaVe time or may be granted as leave without pay. 27 ARTICLE 13 MILITARY LEAVE ARTICLE 14 LEAVE OF ABSENCE di Department Head, Human that the · Employees be responsib e for paying as ARTICLE 15 3URY DUTY Section 1. An employee who is serve on a ras a A= order the schedule. leave this section mus~ be subpoena issued by a court ! that: such ma~ 3O ARTICLE 16 MAINTENANCE OF CONDII~ONS 31 3! AR'r[CLE 17 SEN[OR_rTY 8t LAYOFF & RE..C,A_.~ 32 g. Paiture prescribed Section 3. Layoff and recall of employees .shall be.handled in the followina manner ........ ............... ~.~. ...... .., ....................................... a. The City Manaoer may lay-off anv employees in the bamainino unit whenever such action is made nec_e~_w oecause of shorta(]e of work or funds. the abolition of a oositionor chanties in the work force. However, no regular employee Shall be laid off while there are employees with less senioritv Or temporary or part time or orovisi.onal or . probationary employees in the same classification servine in the department where the lay-off occurs. b. Whenever a lavoff of one or more employees becomes necessary the City Manaqer shall notify the union at least twe weeks in advance of the intended action and the reasons therefore. c. Such layoff will .be madein reverse order of seniorib/within the department, Senior laid;°ffempl°Vees ofthe department:shall be ableto displace (bump) iunior department employees who are in any eouivalent or lower classif'~cation for which the bumping emOlgyee is elidble for or for which he qualifies. d. Laid-off emDiovees also shall have the rioht to accept the lay-off. this connection, the laid-off em~tovee shall have his name placed at the toi~ 33 33 ARTICLE 18 3OB POSTZNG with their one vacancy for Be a~ The Human stand ~ tO the eligibles be by the tames appear 34¸ highest on the list should be by-passed. The Pc.=cnnc[ Human Resources Director then shall certify ~the name of the next three highest on the list to the Department Head. If all three employees are passed over under the provisions by the names highest on the list. Section 3. Budgeted and promotional vacancies c. cc~r[ngoccurrina in any unit will in 35 AR'I-~CLE 18 19 HOI TDAYS 36 New Year's Day Day Jn addition, the employee may take his or her birthday, b;;t with notice to their supe~iSbr... Birthdays that fall on a weekend may be taken on Friday or Monday witheQt Pdor notice. [f taken the birthday will be charged as a vacation day. Hot[days are not cumulative or interchangeable. Section 2. For each observed holiday, a full-time employee shall be entitled to eight~[8) hours of pay at the employee's regular rate of pay, except where e~;p o~ees are normally scheduled to work a ten (10) hour day. [n that case, they shail receive ten I10) hours of pay. Zn all events, where the emp oyee s scheduled off for the holiday, the employee shall be paid straight time for not w(~iking that holiday. In the event that an employee is scheduled on dudng a hoEdaY~ the employee shall be paid their regular rate of pay for working the h(~ay (at time and one-half)"and shall be paid straight time for the holiday. Se~on 3. Afu I-time employee required to work and who actually works on an 0bserved'h01~'Eay shall receive time and one-half (1 I/2) their regular rate of pay for all hours worked in addition to that payment provided in Section 2. Section 4. The City will make every reasonable effort to schedule Sanitation employees assigned to the Task System offon all holidays. Zn this connection, the Sanitation employees who are scheduled off may be scheduled to work on Wednesday of the week in which the holiday falls. Section 5; Employees on vacation, annual military leave, jury duty, sick leave, funeral leave, and Other absences from duty, but on active pay status on the day the holiday is 36 observed must use the holiday on the same day that it is earned. Holidays that occur during vacation leave shall not be charged against such vacation leave, preceding following Monday. 37 ARTZCLF 19 20 V^CATZON Section 1. Plan A: The fo employees witl' 1, 1991, PLAN A VACATZON ACCRUAL POLZCY (Based on ~40 hour woi'k week) Years of Service VacaUon Days 1 Years 2 Years 3 Years 4 Years 5 Years 6 Years 7 Years 8 Years 9Years - ---- 10 Years 11 Years ).2 Years 13 Years ).~. Years ).5 Years ).6 Years ).7 Years ).8 Years ).9 Years 12 15 ).5 ).6 ).7 18 19 20 21 22 22 22 22 22 22 24 24 24 24 Vacation Hours 96 120 120 128 136 144 152 160 168 176 176 176 176 176 176 ).92 192 192 192 38 20 Years 2! Years & ~fter 24 25 39 200 ~f~ ~ mos~ earned in the 31. PLAN B Years of Service 1 Year 2 Yea~ 5 Years 10 Years 20 Years and after Vacation Days I7 Vacation Hours 48 96 120, 136 160 39 ARTICLE 20 21 WAGES 4O 4O 41 Section Section 4. rate increa~ of f~e perce, n~ r minim~,~g~hich~ js greater. within six (6) months after -I 41 42 ARTICLE 21, 22 SAFETY AND HEALTH Section 2. Em will Be shoeS, work upon wishes to be reimbursed~ atthe above scheduled'rate, for the heshoes at a vendor ~ shoe van and a fixed store ~mit a receipt for proof and to work each day in safety h~ir own unusable based and tear, the employee will shoes of a Section, 3' . - Those emp oyees of the Beach, Patro who are assigned lifeguard dut es ~WiI be~Provided adequate protection from the sun and weather by the City. ~e Qtyi agrees to Prbvide masks or goggles, sunscreen lotion, bath!ng. . suits, afitj winter jackets as required by the department for those assignee actual Beach Patrol duties. Section 4. The City. shall make available immunization shots for tetanus, and diphtheqafor all members of the bargaining unit as requested on a voluntarf basis. 42 ARTZCLE 22 23 GENERAL PROVISION Section 1. 43 Section 2. ~ Exce ~isuse all employees requested ~ools broken',in ~heir Section the, SectJonS, own the Human office, a notice wilJ be sent to Consistent with State law, the t his/her of ~ file maintained by the file, Prior 43 Section 6. - Tuition Reimbursement: 44 ARTICLE 25 24 SAVINGS CLAUSE Section 45 be found invalid, enacted in full force and:effect for the duration of this 45 ARTICLE 24 25 DUES DEDUCT[ON Sectie 46 Such Section 4. 'For the ~ and to the claims effect, tile Union will reading as follows: 46 NO'I'[CE TO EMPLOYER AND UNION ALFrHO~7_AT~ON FOR DEDUCTiON/DISCON'I-~NUA'I'~ON OF UNION DUES I hereby authorize my employer to deduct from my salary each pay period my Union, dueS, as certified to the'employ~: by the Union, and to transmit this amount to the Treasurer of the Union. I un.derstand that this authorization is voluntary' and ~ may revoke it at any time by giving my employer and the Union thirty (30) days advance notice in Wr ting. Date Signatu~ 3ob ~tle Name Printed Social Security' No. ARTICLE ~ 26 PENSION Section 1. Employees will continue to plan of the City o 48 49 ARTICLE ~ 27 DURATION Sectiorj 1. and effect until September 30, __ -- 5O ARTICLE 27 28 ~UNIFORMS Section 3. Bargaining, the uniforms and to of raw, Section in must fall within four agreement and 1 rover such change~ the term of this Section5. Bargaining unit members will be entitled to a reissue of properly fitted standard industrial quality uniformS. Reissue of uniforms on an annual basis Consists of5 Work p.~nts ~ndf'n/ew°rk shirts~, with an option of five T-shirts rot eve s oPUOn ,is d ermined by the em yee's needs.) Section 6. Uniforms destroyed or,damaged While being worn on the job will be replaced provided a memoOuUining the cause of the damage is provided. All issues being replaced must be:,'turn~:l n for the new ssue and recorded. Section 7. Bargaining unit members agree that they will not wear the uniforms any other place e~<c~pt to and from WOrk~ and at Work. City uniforms are not to be worn on outside jobs, to be given to nonLcity employee~, or worn in any public places that serve alCOholic bev6rag_es. . and 5O ARTICLE 25 29 SUBSTANCE ABUSE bargaining unit. [tis recognized by the Union ARTICLE 20 30 MANAGEMENT RIGHTS City or ~loyees, to Control and B. To maintain ec0nomic stability, C. To change or elim hate existing methods of operation, equipment, or fadlities and to ad.o. pt and. implement technological changes or improvements inc uding~ but not limi[~l t0, vehicles, and al other materia S or SUpp es. D. To d~erminethe rnethods,-income and personnel by which such operations a~e.t~'be conducted ~cluding the right to contract and sub-contract existing and future work. E. To select, hire, test, classify, promote, train, assign, retain, evaluate, lay- off, schedule, and determine the qualifications of all employees. F. To suspend, demote, discharge, reprimand, or take other disciplinary action againSt employees for just cause. G. To determine theorganization of C~ity government. 53 H. To determine the purpose and extent of each of its constituents, departments and positions therein. I. To set standards for service to be'offered to;the public,~ and.standards for the performanCe Of duties Of job assignments, including the K. To establish, determine~ imp ement and maintain effective internal security practices. L. To determine the number, type and grades of pO~ons or employees assigned to an organizational unit, department or project. M. To determine lunch, rest periods, and clean-up Umes, the start ng and quitting Ume, and the number of hours to be worked. Work schedules will be posted, and Will not be altered in the midst ofnormat pay periods. N. To adopt or enforce cost or genera! improvement programs. O. In a civil emergency, to use personnel in anylawful manner. Section 2. If, in the sole discretion of the City, it is determined that civil emergency conditions exist, induding~ but not limited to, riots, civil disorders, hurricane conditions, tornado, or other emergency conditions, the provisions of this Agreement may be suspended by the City during the time of the declared emergency. Section 3. The City has the right to impose something that is unilateral in nature, and the Union has the'right to object to that. decisi0n. Zf the City does impose something on a unilateral basis and the Union fails to object to that decision within six (6) months, it shall be considered finally imposed. S4 ARTICLE ~0 31~ PROBATIONARY PERIOD Section 2. ~ l prOmoted'employees shall be subject,to a. probationary period of six (6) months. AR'rICLE 32 BONUS DAYS INTENT 55 The intent of this Article is to establish a wellness omaram desianed to.minimizP time Iost~on the lob and to helo reduce the City's overall health JnsurancR exoenses. The Otv recoonizes that employees ocr~lonally suffer from in~ud~,s or illness necessitatino the use of paid sick leave time off. However, this ACCRUAL All full time City emolovees covered bv this polio/are eliaible to receive n bonus day for continuous attendance at werk at the completion of each calendar auarter that the employee has not used sick time durinq thP orevious auarter, nor has been absent from work or on leave other than those paid leave cateoories recoanized in this document. 2. Bonus days shall be counted as vacation leave and subiect to th~, orovision Set forth for use of vacation. 55 56 Agreed to this day of * ,19 ~ by and between the respective parties through the authorized representatives of the Union and'the City. Witness Witness C~TY OF BOYNTON BEACH Witness Mayor Witness City Clerk APPROVED AS TO FORIVt AND CORRECTNESS: City Attorney Date ratified by Commission: Date ratified by Union: City Manager 56 Requested City Commission Meeting Dates [] November 16. [999 [] December7, 1999 [] December 21.1999 [] January 4, 2000 IV-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 3. 1999 (5:00p.m.) November 17, 1999 (5:0C p.m.) December 8,1999 (5:00 p.m.) December 22, 1999 (5:00 p.m.) Requested City Commission Meeting Dates [] January 18, 2000 [] February I, 2000 [] February 15, 2000 [] Mamh 7, 2000 Date Final Form Must be Turned in to Citw Clerk's Office January 5, 2000 (5:00 p.m.) January 19, 2000 [5:00 p.m.) February 2, 2000 (5:00 p.m.) February 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hear/ng [] Legal [] Bids [] Unfinished Business [] A~nouncement [] Presentation RECOMMENDATION: Commission approve a resolution authorizing the Mayor to execute an Interlocal Agreement with Palm Beach County for the Ci[y, as part of the South Palm Beach County Communications Cooperative, use of certain radio eqmpmear ("SmartZone" switch) for radio interoperability with the County and neighboring cities. EXPLANATION: The City has entered into agreement with the Cities of Boca Raton and Delray Beach to form the South Palm Beach County Communnications Cooperative. In addition, the City has approved a sole source procurement for a Motorola radio system. The justification included the selection of Motorola by Palm Beach County for what is ultimately planned for a county-wide radio system with users able to communicate county-wide with other agencies for mutual aid. Interoperability requ/res equipment ("SmartZone" computer switch) while recognizes radios and and assigns them to an appropriate radio channel Rather than using multiple SmartZone sw~tches (at approxanately $750,000 each), the County has purchased one w~th sufficxentcapacztyfor~tselfandtheMummpal~t~esmtheCounty. Thismtlaallnterloeal~san agreement to agrea which will be followed at a later date with specific costs for access, overhead, and admini~tmtion~ The City will be responsible for costs of conneclmg to the switch. In our case, the City has a separate agreement with the County whereby we have access to six County microwave channels as part of the County use of our radio rower. PROGRAM EVIPACT: This program will ultimately provide better public safety service by providing radio frequency sharing, intercommunication among aganctes, and common radio channels for rautual aid. FISCAL IMPACT: Cost has not been deteimined, as it will be negotiated prior presentation of the second agreement referenced above. ~LTERNATIVES: Alternatives include a stand alone "Smartzone" switch for the Cooperative members at a cost of approximately $750,000, with a~ldi~onal costs [estimated to/15e in excess of $500,000) to enable networking of the two switches. It is probable thal this will also delay ~[nplementati~in]of the prpject. S 5BULLETINWORMS~AG~ENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM Commnnications Department Name City Att0mey~! Finance tk~luman Resources G:\WORDkFORMSkAGENDA REQUEST - SMARTZONE ,rN~ERLOCAL S:~BULLETIN~ORMS~GENDA ITEM KEQUEST FORM.DOC COMMUNICATIONS DIVISION MXMo~UM To: lames Cherof. City Attorney ~/ ~ -~, Through: Wilfi-cdHawldns, Interim City Managc~}~ .~-~-7~ ~ From: Hugh McCaffrey, Cunu~unications Manage~ ~ Re: Inmrlocal Ageemem- SPBCCC & p~lm Beach County Date: Sanua.~ 2~, 2000 Thank you. At~achmen~ cc: Wilfred ttaw~'i-s: Inmim City Manager G:WORD~FORMS',COUNTY AGPlm:MENT Delray Beach Police Department 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 ~(561) 2437888 Fax (561) 243-7816 March 20, 2000 IV-CONSENT AGEND.~ ITEM C.7 1993 Wilfred Hawkins, Acting City Manager City of Boynton Beach Dear Mr. Hawkins: Here is the final draft of the Interlocal agreement between the South Palm proceeding with placing this issue on the March 21 ~ Commission agenda for approval. The five o~ copies will be presented to the Delra.v Beach City Commission Tuesday night then circulated to Boynton Beach and Boca Raton for; si~. I hope. this Copy is suf~cient for your Core,fission to vote or~ Please assure them that the originals will soon follow. As you know, we can't have them at the three Coi~i~,-~ssion meetings at thesame time. If I can be of any further asSlS[~lllCe~ don t hesitate to call me~ Sincerely, Captain Ross Licam District 3 COmmander RECEIVED NAR 20 2000. CITY MANAGER'S OFFICE INTERLOCAL AGI~I~I?MENT '~s INTERLOCAL AGREEMENT, is made and entered into this day of ,2000, a~d between PALM BEJkCH COUNTY, a politica1 subdivision of the State of Flori~:i7 ("COUNTY") and the ci/ies~ of BoCA RATON 'CBOCA RATON'!) and DELRAy BEACH ig~t CDELRAY BEACH") and.BOYNTON BEACH ('!BOYNT~ON BEACH"),:,eacti a sep~¢ municipal corporation eXisting under the laws of the State of Florida, WITNESSETH WHEREAS, the Cities Of Boca Raton, Dekay Beach?a~d,~Boynt6~t~ea~h;%tmve established via interloeal: Agreement the South Paim Beach :~q~ publ~$~ty~ ~/tit~ns Cooperative for the pm-pose df ~e~?and[ng ~e: ge~g. raP~i. ~e of ~able frequendes for mutual assistance and daily, activities anti communications systems; and WHEREAS, the CO as eomm!rted tothe purchase, design, mstallauon, and 0perau n of an 800 IvlHZ T~d~R~di0 System to meet r~e needs oftt/'e Palm Beach County Shenff Office, t~alm::t~6aeh,;C:~ F~e ReScue;,Palm Beach County Emergency Mmiagement Service, ~:Palm~B~ County general goVemment agencies;, and · ~ ~ ' provide ~ubtie safety services; and , exeeute this and ~ePaye? money of both the COUNTY, and.the ~t~blic safety benefit of interoPerability; and WHEREAS Section in common and which each might eiercise separately: agencies to enter into Interlocal tgencies share NOW THEREFORE, in conjunction with the mutual covenants, promises and representations contained here'm the parties hereto agree as follows. SECTION 1: Purpose The pttrpose of this Agreement is to set forth the parameters under which the COUNTYwill make specific components of its 800 MHz Trunked Radio S.vstem available to the COOPERATIVE in Order to fadlitate the planning, design and installation of the COOPERATIVE's communication systems in the short term and, in the long term, provide Page 1 of 14 for interoperable radio communications betweenthe COUNTY and the cities participating in the COOPERATIVE. SECTION 2: Definitions 2.01 BOYNTON BEACH Site The City of Boymon Beach's primary radio communicatimus · ' ' · - site located m Tract B, Rolling Green Pddge Second Ad~lition, ~City of Boynton Beach. 2.02 Centra! Hub- The CentraLHub consists of the~radi'o colmnunications system operated by, the City Of W~gt Palm Beach, and includes thOSe ckies utilizing the system-through interlocal agreement wkh the City of West Palm Beach. city acting in the collective. 2.04 are registered ,on the groups established on a the SmartZone controller will assign ;ystems,when units from the talk group 2.05 Common Countywide Talk Groups Talk gr.o.Ups established on the County's com.muni_~ati0ns,SyStem lhat are made available, to municiPalities and other non- Coun~ragencias. These xail~groups must be programmed into agen~ radios and be selected by the user. 2.06 Controller The Controller is the group of equipment components that provide audio routing and' control signaling functions required to interface various independent communications system and provideS, interopetable operations batween the individual systems. 2..07 COOPERATIVE The South Palm Beach County Public Safety Corem _u2uications Coop~rative w_hich was established byBOCA RATON, DELRAY BE~..C~ AND BOYNTON BEACH to collectively provide a .radio commtmieations ~ystem which provides radio eommunieations for the three cities. Ail references to the CO. OPERATIVE shall also refer to each:of the Cities of Boca Raton, Delray Beach and Boynton Beach and to the approval of all actions of the COOPERATIVE by the Cities :,pursuant to the tnterloeal Agreement establishing the COOPERATIVE dated 2/2/98. = .... .08 .... C~P ,ERA: .TIVE .s S~em. The 80.0 MHzmmked radio system or systems, .mn.. aea~, purcnasea, installed, m _m_t e.d ~_and ow~fld bythe COOPERATIVE orme individual roues, me system, or systems; shall include the fixed network and tSeld radio transmitting Page 2 of 14 and receiving equipment, microwave equipment and/or leased communication transport lines as required for communications between sites, dispatch center equipment and facilities required for the and the towers ~ ::2.09 Microwave Sys,t.em A comm ~u~i, 'cations~sysmm utilizing, frequen~s,in the m~,c~w.awe rang~:~o route audio, and corit~oll signalsi~between site~m :a mt/lti~si~e communications system. r area. 2,11 Parties ~ ennues that have executed this: Agreement which mdud the cOUNTY, BOCA' ~'P~ToN~D 'ELI~' ~Y BEACHAND BO~ON~ BE~C,H~ ;,-~ ~:-: .. : 2.12 Prime Site The location of the COUNTY's SmartZone~' Controller. 2.13 the SmartZone c these talk groups are.assigned communications registered when there is,talk group activity, 2.14 Sonth :Hub The facilities and opera/ions ~.proposed by the COOPERATIVE. Communications · 2,15 System The 800 MHz Tnmked Radio sys~e~n funded, purchased, installed; malntainec~ and owned by the County: The~system wilt-incIi/de fixed and field transmitting and receiving equipment, a microwave SYStem for communications between sites, remote and prime site control and imanagement equipm .e?~ d~patch consoles and related equiPment and a SmartZone controller located at the Pfim~ site. SECTION 3: CO~S 800 MHz Trunked ~Radie System 30t The COUntry,will purct-mse, im~all, and operate, a SmattZone~' Controller, capable~'o~ expansio~l to 48 P°r~s~ at it: Pri~e Site. :The COUNv~ ~ solely ~fimd the purchase,and own t~e Controller. The..C DUNTY Will allow:the C~_OP~RA .T~. to c.onnect to the Controller utilizing a maximum of ~ pores. ThriCe OPERATIVE ac ~kno.wledges that the coUNT~i.has UPsized~the Controller to b, ~ able to aqcomm0Oate ~e ~apacity requirements of the ~COOPI~RAT~ ' as~ tmmmitted to: the COUNTY On iAugmt 28, 1998:~The COOPERATIVE also ackmowtedges that b en~e '.ri?~]nto this~Agreemetrc, the COUNTY must Page 3 of 14 increase the capacity of the Controller to a level sufficient to accommodate the anticipated requirements of the South. Central and North Hub as conceptualized in the Countywide Public Safety CommUnications System for Municipalities prepared in,1995. 3.02 Subject to Section 3.06, the COOPERATIVE agrees ro payits fair share of the operation and maintenance costs as. sociated with the Controtl.er on pro ratabasis. The oparations ~_an.c~ maintenance costs to be included are: system administration costs (which includes persormet'costs); utHities, equipment, sqftware, and component renewal, replacement .costs; anc/ controller maintenance costs . (which may be out. Sourced or performed bY the County). ' i: 3!03 su..bjecr to Sectiorr 3~ .06.~heCOOpERATIVE wilt be solely responsible for any'and all permittir~g and/or lic~g cbsts associated with its use of the Controller. 3.04 Subject to Section 3.06,~the COOPERATIVE will be solely responsible for any.and all c the I modules, inteff~g hardware a the SmartZoneTM Con6roller. 3~05 The COOPI~R ATIVE's behalf,~ and r the COUN'IYf .will connect to, ~rtfich are o~rned by:the COUNTY. The bY the cOiJlNTY~wrv ~on the f this Agreement. 3i06 ' Th~QOpERA, Tlhr~ will 9nly be financially responsible fqr those actions nndext..., akeu~0n the COO~TI~'~ beh~w~en the COOPERATIX/E has agreb:l to the costs in writing prior to commencemem of the a~; 3:07 tO I defined ,to be when progress/status of the will be solely for ~ transporting the ire. COOPERATIVE's needs, the COUNTY agrees the GO( )PERATIVE within 30 days of the ~onel~ ~ ~d the Prime Site. keceptance iz contract requirements for the SmartZone of the ~ status. The [ not be in .- Site, and communications costs associated with Page 4 of 14 SECTION 4: COUNTY'S Digital Microwave Communications System 4.01 BEACH, thc Bo~nton Site, The a cemmunic~tiom ~atl~ coUNT's Prime Site. : -'- ' the 4.02 ownership and Boynton COUNTY's Prime-Site, included ec ~, be 4.0 ~ -~ for ali ¢ ~the ' 4 04 ~e, COOPERA'FLVE,a~re~s ~at ~y~:the CO ~wfii connect to, expand, or other~use mo, dify M~Crc~wa~e S~;te~ ,Cq~Pg~' OW~. ed by ~ COUNTY. Subject. to 'Section. 8,06~ thc C9©PERAT~/E~i ~ such actions: to oe undertaken by the. coUNTY onkhe COOPElS~.Tt~'s;b~half,: and p~uant to the.terms of this Agreement. PageSof 14 - . 4.05 The COOPERATIVE must provide conceptual design, d~tails, space requirements, power nee~ds and capacity requirements for their interface requirements for both the Boynton site and the COUNTY's prime site. Adequate,lime shall be allowed for the COUNTY to review and respond to the requirements, and any modifications necessary on behalf of the COOPERATIVE shall not impact the~scheduie or cost of the COUNTY's System. SECTION S: COOPERATIVE's 'Notification~ of Intent to Pardeipate and Conditions Precedent to COOPERATIVE's Participation 5-0I -. :The_COOPERA/IVE agrees to provide the COUNTY with adequate writtefi noti~ of its iment:to utilize the Controller: Such notice will include ~the date unon whichi'~C.de~iZes ~ro~ c0nnect~.necess~ ~capacity .requirements as ~vell :as evide[nce documentirig:BOCA RATON'& DELRAy BEACH'Si AND B~YN~ON BEACH'S firtsnciai ability to implement-the GQOPERATIVE'$ radf0 systarm NotiCe:which does~no~ include such financiatinformation ~ not he,considered adequate notice by the,COUNTo. the less COb2qTY must b} ~the · those [,date of' cormection:to the Core'roller; ;ection 5.01, with the the are date such funding 5.031 The method of calculation for the operation and maintenance fees associated with the Controller, pursuant,to Section 3.02 of ~ Agreement. associated with the Microwave System, pursuant to ,Section 4.02 of this Agreement. Page 6 of 14 5.033 The timing and manner of payment of operation and maintenance fees co the CO _UNTY. This section w~ll also identify the frequency by which the fee schedule will be updated. 5:034 Id~e~tion0fthe docmmentation~necessa~to demonStra~e~thaxtany and oall permitting or ;licensing fees have been Or Will be paid byxhe cOOPERaTIVE Or the Cities, whi~ are specific tO the COO or the Cities use~ tam,the appropriate p~o~ iieensin~.:~nfity.-~ :~ ' ' 5.04 ~ ~ie COOPERATIVE wili not 1Se permitted to connec~to the System until such mterlocaI:agreemenl~ ~s ~xe~ut~d ky r_-he COUNf['Y and the Crees. - . . SECTION 6: SystemCapac[~y Forecast Assumptions )e mutually benefidal to that can be usec projection. use of the s of.this evaluation are identified in Page 7 of 14 SECTION 7: COOPERATIVE's Acknowledgement of COUNTY Expenditure The COOPERATIVE acknowledges that by entering into this Agreement, the COUNTY SECTION 8: COUNT,S Obligations to COOPERATIVE's System Nothing in this Agreement shall represent a commitment by the. COUNTY, or ~hal] be construed as intent bythe COUNTY, to fund any portion ofthe COOPERATIVE!s System. SECTION g: Frequencies The Parties agree that the frequencies held by Palm Beach Cqunty and the frequencies heldbyth~COOPERATIVE sl~aI1 be separate and shall be implemented and used at the sole discretion of the individualparties. SECTION 10: Liability The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other Pa~ Further, nothing herein,., shall be construed as a waiver of sovereign immtmity by ~ith~r party, pursuant to Secnon 768.28, Florida Statutes. SECTION 11: Term of Agreement The term of this Agreement shall be for a period of four [4) years from execution. The Agreement may be renewed for a period of (2) years upon written modification by all Parties. SECTION 12: Amendments to this Agreement 12.01 This Agreement may be amended from time to time by written amendment by all Parties. 12.02 In the future, if the County enters into an agreement(S) with other ~unicipatities whichterms are more favorable than those contained in this Agreement, the ounty agrees to amend this agreement, by written amendment executed by the County Administrator or his designee, t~e Director of Facilities Development & Operations to matc~ the more favorable. This provision does not apply to Sections 3.01, 4 01, 4.02, and 7 of this Agreement. Page 8 of 14 SECTION 13: Termination 13.01 This Agreement may be terminated by any party at any time prior to receipt of ho.rice pu~smqt to Section 5.0t, with-or ~.wi'thou. t came, anti,with 60 days notice to all SECTION. Any notice given pursuant to the terms.of this Agreement shall be in ~ting and a~ ,, C rtified Mail Return Receipt Recluested. The effective date of such nouce shallbe .,vne by .e the date Of recelpL as evidenced by the Return Receipt. All notices shal} be addreised to the following:: · As to the COUNTY: Direetor, Facilities Development & Operations 3323 Belvedere Road, Building 503 'West Palm Beach, Florida 33406 With copy Director of Communications Division 3323 Belvedere Road, Building 506 West Palm Beach, Florida 33406 Count7 Attomefs Office 301 North Olive Ave, Suite 601 West Palm Beach, Florida 33402 Page 9 of 14 ~ As to BOCA RATON: City Manag~,r . City of Boca Raton 201 W. Palmetto Park Rd. Boca Raton, F1 33432 With copy to: Chief of Police City of Boca Raton 100 NW Boca Raton Blvd Boca Raton, Fl. 33432 As to DELRAY~BEACH: City Manager City of Delray Beach 100 NW Firs~ Ave. Delray Beach, Fl. Withcopyto: Chief of Police city of Delray Beach 300 W. Atlantic Ave Delray Beach, Fl. 32~4 As to BOYNTON BEACH: City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl. 33435 With copy to: Chief of Police City of BoYnton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fi. 33435 Page 10 of 14 SECTION 16: Applicable Law/Enforcement Cost~ This Agreement shall be governed by the laws of the State of Florida. In the event that any action, or suit proceeding is commenced with resp.ect to the ~e~Eetation or enforcement Of this Agreement, the prevailing P~ in SUch action, s~O~ ~o~e~:Shall be entitled tO recover all cOSts; expenses and fees,indudLug wi~Out ~n~m~i0n, fea~6nable attorneys fees, incurred by such ~arty in correction the~with. ""' "~ ' SECTION 17: Filing A copy of this Agreement fnall be filed by Palm Beach Cottony with!'the :C1. erk~<0f the Circuit Cour~ in and for Palm'Beach' County. ' - ~: ' ~ ': "~ SECTION 18: Delegation of Duty ~ Nothing contained herein shall be deemed to authorize the~ delegation ~6f ;the Constitutional or Statutory duties of any parry. IN WITNESS WHEREOF, the parties have caused this Agreement to be' executed ondle day and yea~ flint written above. Al-I EST: DOROTHY H. WILKEN, Clerk PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BY: BY: Chair Legal Sufficiency: County Attorney Page 11 of 14 ~ CITY OF BOCA RATON, Clerk CITY OF BOCA RATON, BY ITS CITY COMMISSIONERS BY: BY: Mayor Legal Sufficiency: City Attome~f CITY OF DI~I'.P~Y BEACH, Clerk CITY OF DELRAY BEACH, BY ITS CITY- COMMISSIONERS BY: BY: Mayor Legal Sufficiency: City Attomey CITY OF BOYNTON BEACH, Clerk CITY OF BOYNTON BEACH, BYITS CITY COMMISSIONERS BY: Legal Sufficiency: BY: Mayor. City Attorney Page 12 of 14 Attachment ^ System Capacity Forecast Re-evaluation In order to implement Section 6 of the Agreement, the COUNTY agrees to the following. Two (2) years after final acceptance of the System and complete migration of PBSO to the system and every three (3) years thereafter, ~ will be re- evaluated, for identified as follows: System Buitd:out: 2013 (See note below) Seconds/Units: 3.778 seconds '036 call-seconds 0.5 seconds Offered 78 seconds percent percent ~each Channel in Use: 53.2% Agency Parameters: - Law Enforcement Fire-Rescue/EMS Gen. Govern. Total Unit Quantity by 2013 Peak Ertang by 2013 3412 1405 2278 7095 6.91 2.84 4:61 14.36 Note: Implementation of two additional channels capable of countywide-coverage is required to meet the operatioftal minimums for the full 15 year system life cycle. To determine the availability of system capacity to support city-county talk groups, the above assumptions will be compare with actual use data and the assumptions will be adjusted accorctingty for law enforcement. Using the adjusted parameters an Erlang-G study shall be performed to determine capacity usage. Page 13 of 14 ~ _~ In the event that the re-evaluation indicates that overall law enforcement usage is less than that computed by the assumptions (including the projected growth in number of COUNTY ...... ~-'~ ~--'~ the actual use for those nroiected radios), the COUNTY will re- aw en~orcemem lamu~ ,~,,~ . . ~ ~ . ..... dkect that law enforcement capadty difference to .allow for c. ermm tam groups to.. nave .me roaming feature activated. Municipalffias proposing roaming talk groups shall proxaae Erlang study data to demonstrate the idenrffied available capacity can support the call traffic from the propOsed city-county talk groups. To ensure comparable Erlang stUdy results, municipal stUdies shallbe based on the sine methods and calculation model as used for the county's study. Th~ number of specific city-county talk group tO use the roaming feature will be based ~n ~;val' ' '~t~at~on Of ~dl city:co~mty talk groups, capacity meeds for each talk group, the capaaty available, the number of radios v~th access to the talk group, the risk/s~ress involved in activities using each talk group, and any mom'toting requirements. All cities in the Counry'witl be able to participate inthe identification of law enforcement city-county talk groups for co~iderationtogo m System-wide ro~. The COOPERATIVE ac~oWle~ges t~at any capacityi~ch may be re-assigned to enable city-county talk groups with the roaming feature is available to all cities in the County not only those in which the COOPERATIVE routinely participates. As~ the System has countywide coverage it will not be necessary for COUNTY users to activate a roaming feature. As a resuk, any costs associated with the re-programming of subscriber units and the SmartZone controller will be -borne in its entirety by the entity proposing the city-county talk group. The re-assignment of any capacity initially forecasted to fire rescue and general government u~ers, is at the sole discretion of the COUNTY. h:southubagr Page 14 of 14 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM P~quest~d Ci~ Corranfssion , D~ Final F. orm M~st b~,Tum~d Requested City Cgr~isdon [] Mamh 21,2000 [] April 4, 2000 · [] April lg, 2000 [] h/ay 2, 2000 MamhS, 2000 ($:00px~) [] May 16;2o00 Mamh 22. 2000 '(5:~ p.m.) ' [] Jun~ 6, 2~ ~filS,~ (5:~m.) ' ~ J~ne20,2~ " A~119,2~0 (5:~p.~) ~ July 5,2~ ZV-CONSENT AGEND i'EM C.8 Date Final Form Must be Turned May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) Juw 7, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) NATURE O~ AGENDA fl'l~ [] -Admlni,~uative [~] Development Plans ~ Consent Agenda ~ New Business ~ Public Hearing [] · Legal [] Bids [] Unfin~hedBusmes~ '[2 ~unouncement [] t~esenmion RECOMMENDATION: MotiOn to approve the Motorola Inc. purchase agreement for the new 800 MHz Astr0 DigitM SmartZone l'runked radio system. EXPLANATION: The Cun'ent radio comnmmcations system, which se~ves th* police, fire deparammt and other Boynton Beach governmental units/s in excess of,ten ye_a~s old and in need of replacement. Togcther with the cities of Dekay Beach and Boca Rato~, we have formed the South Pakn Beach County Public Safety Communications Cooperative for the pUrPose of purchasing an state ~f the axt and include new tames ann acce,~ones for all governmental unit~ The system will b~ tested ( staged ) installed along with the Palm Beach County System and will afford alt:aubsctibers a county-wid~ capabil/ty for commun/¢ation~. PROGRAM~ IMPACT: _ The three ~e~ have negotiated a conm~t with Motorola Inc. in th~ mount of $10,351,666.00. FISCAL IMPACT: The City of Boynton Beach simre will be S 2,809,273.0~ Funding has been budgeted in account 302-1810-S19-~.20 in the amount of $3,000,000.00~ ALTERNATIVES: Continue ~tb_ t~he~anrre.n~tem anti, being unable to communicate w~,h other a~e_ncie, via the/'a.~i.o system. b L/epax~ent Head's :5lgnature / City Manager s S~gnatur~ Police S AB ULLETIN~ORMS~AGENDA ITEM.R~QUEST FORM.DOC RESOLUTION NO. R 00- .~ Agreement '.COl to Public Safety- lnc · and Beach with Motorola, ; and= contract has been. prepared and a~= Copy thereof is ~.~ WHEREAS, the radio communication system requires software for resolution hereby authorizes the-approval of the Motorola NOW, THEREFORE~ BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OFBOYNTON BEACH, FLORIDA. THAT:. ~ The City Commission of the City of Boynton Beech~ Florida does hereby authorize and direct the Mayor and City Clerk to execute a Contract and License Agreement between the City of Boynton Beach and Motorola, Inc., copies.of said agreement is attached hercto,~ . ~ .This Resolution shall become effective immediately upon passage. PA$SED~AND ADOPTED this day of Mamh, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Mayor Pro Tern Commissioner !iATTEST: l lci~ C~erk [ i(Corporate Seal) Commissioner SOUTH PALM BEACH COUNTY PUBLIC COMMUNICATIONS SYSTEM AGREEMENT Dated: 3110100 1A.I Delivery, Installal/on and Acceptance off Equipment ........................................................................... i. 8 1.2 COOPERATIVE's Performance ....................................................................................... 9 1.2.1 Notices to Proceed and Cert/ficat/ons ....................................... 9 1.2.2 FCC License.- Author/zafi~ns._.....~ ............................................................ 9 HRTICLE 2. TER~/I, .. , PERFORMANCE~ $CHEDUZ~ ....... ~ ............................................. 2~3 Performance Schedule ................................................................. 10 2.3.1 MOTOP. OLA Schedule Oblig~tion~ ..................................................................................................... 10 2.3.2 COOPF-~ATIV~ Oblig~ns .............................................................................................................. I 2.3-~ Acquisition of SYSTF~ Sit~ .................................................................................... .~ ........................ 11 2.3.4 A djustment~ to Schedule. ................................................................................................................... 1 2.4 Failure of MOTOROLA to ~)erform .......................................................... II A~ TICLE 3. CONTRA CT PRICE .......................................................................... 12 3.1 PRICE- SYSTF~I ..... .................... 12 3.2 PAYMI~NT MiIestone~. ............ ~ .......................................................... 13 3~2.1 Fixed Equipment ............................................................................................................................... 13 3~.2 SubsCn~aer Equipment ........................................................................................................................... 13 3.3 Pnyment And Invoices 3/17/00 1 COOPERATIVE 3.4 Reserved ............................................................................................................ ~"'"; ..................... 15 5 5.1 SYSTEM Acceptance Test Plan and Acceptance Criteria .................................................... 17 5.1.1 Use of the SYSTEM Pr~orm Accepmuce .............................. ~ .............................................................. 17 5.12, Equipmem and Sof~ware.. ..................................................................................................................... 17 5.3 Test Responsibility .................................................................................................... . . . .... ; 18 5.4 Evaluation of Acceptance Test Data ............................. ~_. ....................................................... 18 5.5 Test Documentation ................................................................................................. 19 ARTICLE 6. INSTALLATION OF SYSTEM ..........................................................................19 {~.i Installatton ................................................................ 6.2 Facilities .................................................................... 6.3 6A 6.5 Trnining ................................................ ~ ............................................................................. 19 3,/17/00 2 COOPERATIVE 7.1.I SYSTEM Warranty ............................................................................................................................... 20 7.1.2 Equipment and Installation Warranty ................................................................................................... 20 7.1.3 Sof~3vare Warranty ................................................................................................................ 20 7.2 Parts Availability Warrant~ ....................................................................................... 21 7.3 Warranty Period. ....................................... ;.. ............................................................. 21 7.4 Warranty of Ownership and Right to Transfer .............................................................. 21 7.5 Compliance with Applicable Laws ................................................................................. 21 7.6 Maintenance and Warranty Records ............................................................................ 22 7.7 Warranty of Radi~ Coverage .................................................................................... 22 7.8 Disclaimer of Implied Warranties .................................................................................. 22 7.9 Maintenance Following Warranty Period ...................................................................... 22 7.10 Enforcement of Warranties ................................................................................. 23 ~LI~TICLE 8. PERSONNE£ .............................................................................................. 23. 8.1 MOTOROLA Personnel .................................................... :'"'~ ...................................... 23 8.2 COOPERATIVE Personnel Support .......................................................... .~ ........... 23 - /IRTICLE 9.. COOPERATIVE REPRESENTATIFES ...................... _~ ........................ 24 9.1 COOPERATIVE Project Coordinator ...................................................................... 24 9.2 MOTOROLA's Project Manager ................................................................................ 24 3/17/00. 3 COOPERATIVE ARTICLE 10. COMMUNICATIONS AND NOTICES, .................. ~....~.- ................. ~.~....~ ....... 24 14.1 14.2 ARTICLE 13. EXCUSABLE DELAYS ........................................................................ 27 ARTICLE 14. CHANGES, DELETIONS OR ADDITIONS TO AGREEMENT ............ ,,... 27 COOPERATIVE change ~<equesrs ......................... · ' change Proposal ....... :M ..................................................................................................... 28 14.4 MOTOROLA Change Requests ................................................................................... 28 14.5 Changes in the COOPERATIVE~s Total Obligation ......................................................29 ARTICLE 16, TERMINATION ............................................................................................ 29 16.1 The COOPERATIVE's Right to Terminate ...................................... ~ ................................. 29 16.2 Notification of Termlnation ................ a ............... ~ ......................................................... 30 16.S Effect of Termination Notification ....... :. ..................................................................... ~.;... 30 3/17/00 COOPERATIVE 16.4 Invoicing6fNon-Defanlt Termination Expenses ............................................................ ~.. 31 16.5 Failure to Agl'ee on Cost ........................................................................................ 31 16.6 DEputes Regarding Convenience Termiaatio~n Costs .............................................,...'32 16.7 Deductions from Agreed To Costs..~ ........................................................................ ,.... 32 16,~ ARTICLE 1 Z LIABILITY ....... ~; ............................................................................. ~ .... 33 17.1 '17.2 Indemnification Regarding Patent Rights, Copyrights~ Proprietary Data and Trade Secrets ..................................................................... 17.3 Liquidated Damages ................................ ~ ........ , ..................................................... 34 17.4 Limitation of Liability. ................................................................................................ 34 ARTICLE 18. BONDS .................................................................................................... 34 18.1 Performance and Payment Bond ............................................................................. 34 ARTICLE 19. INCORPORATION OFSOtt~AND DEFINITIONS ................................... 35 19.1 Incorporation of E3~qTRITS ..................................................................................... 35 19.2 Glossary ..................................................................................................................... 35 ARTICLE 20. ORDER OF PRECEDENCE BETWEEN/I GREEMENTAND EXHIBITS 35 ARTICLE 21. GENERAL PROVISIONS ....................................................................... 36 21.1 Construction of Provisions and Titles Herein ........................................................ 36 21.2 Number of Originals ........................................................ an ' 3/17/00 5 COOPERATIVE 21.3 __ 2L5' andVenue ......................................................................... 36 21.6 21 7 ,AmeDdment..-.~-.~..*.~......~,., ................................................................................ 37 21.14.1 21.14.2 21.14.3 21.14.4 21,9 Independent ~ontraczor 21.10 .Prohibition Against Ass~gnmant or Delegatio~t .............................................................. 37 21.11 21.12 Nondiscrimin ation and Affirmative Action ~ ................................................................... 2..., 38 21.13 Claims for Labor and Materials ...................................................................................... 38 21;14 Insurance ................................................................................................................. 38 Certificate ......................................................................................................................................... 38 Insurer Reqmremems ........................................................................................................................ 38 Required Coverage ....................................................................................... 38 Other Requkementa .......................................................................................................................... 39 21.14.5 Failure to ProcuroI~urance ............................................................................................................. 40 21.15 ConsenT ........................................................................... 21.16 Survival. ........................................................ : ................................................................. 41 21.17 Waivers ............................. ; ................................................................................... 41 21.18 Time of Essence ................................. 3/17/00 6 COOPERATIVE 21.19 Promotional Tours., ........................................................................................................... .~. 41 21.20 Product Substitutions..: ...............~ ........... ~ .................................................................... 41 21.22 21.23 Confidentia!ity of Information ............................................................................... 42 21.24 Assignment..£.., ............ ~ ................... ~ ...................................................................... 43 3/17/00 7 COOPERATIVE AGREEMENT THIS AGREEMENT is entered into by and b~tween thc SOUTH PALM B_E_AC_.H. ,rmrtcCOm ac noNs C ,7 o( o a · Rht0n; ~ty 0tB0Ynton B~ach, and the City of Delray Beach (' COOPERfk~ ~ ),and '. :MOTORO Ine,,.by: ana o, gh:i Commerml, mm. Se tor, - and a DelawareCoiporation authori, zed t0 do bnsin~S$ inthe S~atE of,Flon~, w~m an o ~I~,,c.e cater ai8 ' ,W~;t smtrise BouleVard;~Pl~tatf ' EI~ ~332~ (¢MOTOROLA), W1TNESSETH: of the ( and NOW, THEREFORE, in consideration of the,above ~remises and Of the coven,_ts and representations herein contained, the parties hereto covenant and represent as follows: ARTICLE L STATEMENT OF PERFORMANCE 1.1 MOTOROLA'S Performance MOTOROLA, in accordance With Exhibit A, the SOW, shalI perform or cause to be performed all services (including, without limitation, engineering design, production, procurement, delivery, conslruction, installation, integratiOn, interfacing, testing, documentation, training and one (1) year warranty) and shall furnish all equipment, materials, services, and labor reqmred to complete and achieve accoptance of the SYSTEM identified and described in this AGREEMENT and the EXHIB~S thereto. In so doing, MOTOROLA shall perform the work and de.t!ver .athd~n items described in this AGREEMENT end EXHIBITS incorporated hereto and, notw~thstan g any other provision of ttlis AGREEMENT, pm-form such other work and deliver such other items as are necessm'y to ensure that the SYSTEM for which MOTOROLA is responsible hereunder meets all of the requirements set forth in this AGREEMENT. MOTOROLA shall ensure that subcontractors, present or future, comply With the appheable terms of this AGREEMENT. 1.1.1 Delivery, Installation and Acceptance. of Equipment The equipment required for thc SYSTEM ,/viii be delivered to the staging facilities designated by MOTOROLA. Thereatier, such equipment.Wilt be shipped by MOTOROLA directly to each of the Communications Sites designated by the COOPERATIVE Project Coordinator. 3/1 7/00 8 COOPERATIVE 1.2 · MOTOROLA and thc COOPERATIVE will j0intly inventory the equipment at such sites and shall immediately re/oncile any discrep~ancies and prepare a hst of equipment received. After completion 6f the invent°ry~ copies oi~ the equipment r~ceived Sheets will be maintained jointly by tt~ COOPERATIVE Project'Coor~n, aim/ ai~d MoTORoLAi All deliver/es winbe n~ade F.O.B. Destination to th~ applicable. C0inmunieations Sites.' Title to the equipment shall pass to the COOPERATIVE upon delivery tothe Communications Sites. FR~.'mSak of loss and damage to such equipment shall be .borne by MOTOROLAunti! the Date of 1A¢~p(ance of the SYSTEM~ tui!e~ss 'caused solely bythe COOPERATIVE S negligence, at ~Yl~!ch tim~ the risk olioss or damage~o, such equipment shall pass to the COOPERA:rt~E. The above notwithstanding, title m soflw~e and any thirdpai~supplied software Shalthot ss under any circUmS~ces, includmg payment of the license fee; COOPERATIVE*s Performance This A, gr~ent wlllbe the ~le proet/~ement authorization and notice that funds have been eneumbere& 'Additionally, fiais ~ent will act as a Notice to Proceed at which time Motorol~ shall Commence its activiti~' 6ursuarrt to this A~reement 1.2.2 FCC License ~ Authorizations. ' ' - e COOPERATIVE ::s solely respons,,ible for obtaining any licenses or other related anth0nzatmns ~:eqmred by the F e~al ( ,Qo, ~maanmatiens Comrmssmn (~FCC") for operatmn of the sYsTEM. Neither MOTOROLA h6r any of its employees'is an agent or representative o~ the COOPERATIVE in FCC ma~e~_ .:{ r 9therwise. If requested by the cOoPERATIVE, and at no c.har, ge to the COOPERATIVEq M( rOROLA agrees to assist the COOPERATIVE in obtaining the neqessary liCenses. ~h~ ~the FCC fail to approve or continue to grant the ?annels necessary.for the ~y~?F~M~. ~S; contract may be terminated by the COOPERATIVE tor convenience pursuant to ARTICLl ~6, Ai~icle 16.1(B). Access and'Serv/oe to the Communica ions Sites The COOPER2ATIVE shall; i~l additi~ i9~ respOnsibilities descrthed alsewhere in this AGREEMENT, provide the folio~in :01ncident with MOTOROLA,s performance of this AGREEIvmNT. A. Ingress and egresfi to the t'~ ..... CommUmcalaons S~tes as reasonably requested by MOTOROLA. B. Adequate telephone cireuim to ~99h Communications Site for the installation and operation of the equipment. M~TOROLA Will cooperate and provide assistance to the - COOPERATIVE, in accordand~ ~ith theSOW~ inidentifying requirements and ordering necessary cireuita; AC power at 117 VAC, 601I-~,l~t~ each CommunicationsSite for the installation and operation of the equipmen~ has~d on requirements providec} to the COOPERATIVE by MOTOROLA. 3/17/00 ~9 COOPERATIVE - D. A designated work area and a storage area for equipment at each Communications Site. ARTICLE 2. TERM,~PROJECT IMPLEMENTATION SCHEDULE, AND The ~ Effective Dat~ i~ rite clx. te det~ne~pu~ ~ ..u~n. t to Arti¢!e ~-5, ~ecfive D~te- This · AG~E'MENT shailje~mm~ce ~g:ihe. E£fecti~;e D~feLwithrw°r~k.t? ~11~ ?pon contract ' :. 2.2 tn accordance with the Project Schedule, the ~De system ~tI be reviewed and mutually agreed . MOTORQL~, Upog C.~olrip!etion~0~the ~Sign,~ ~t the "Design Review," MO~OR~OLA and the ¢ Pr°Ject Implementation Schedule, Appendix D of the Sta~nent i~ the.;Woxk which shall become part of this Agreement. This schedule shall indicate in detail all of the tasks and related subtasks..(~!uding~ hut ~0t l'm?'ted to equipment~ c[.p. iliyery; install,afion, testing, conslracfion, etc.) to:bJ P~r fo~nTn. ~-e~ bY: M0~OROLA uP~ ae~ .thig &~i~eem, .ent~}~ d~, t~! sai~ tas~ and subtasks shall be cohapleted, and ~. final completion date for~the sySTEM.:. gn:Review'~ anal the final configuration Of the tw en theCOOpERATWE and ' - ~.'eW, the COOP. !~KATIVE shall approve the .~de 3,23 ? .aym,f ,~nt mi!est0nes: )oPERATIVE shall'mutually develop a 2.3 A Performance ,~Chedule shal! b~ prepared, Updated, and submitted to, the COOPE1LATI~_. Pr0jeot c0ordkiat°; by MOTDROLA witheadh request for pa ,yment. The~Perfermance Schedule shallindioate the actual and proje~ed completion dates of eaCh of the tasks and subtasks identified in the Project !mplementatinn S~hedule, ~e relation~p hqtW_ een ~e~s~ .S. chedules, and the respective 0bligation~ of MOTOROLA, tho COOPERATIVE Project COordinator, ana the COOP~RA~ am de£t~ed in Article 2.3.1~ 2.$.2, 2.3~3, and 2.3.4; ~ 2.3.1 MOTOROLA Schedule Obligations ~ MOTOROLA-shall complcte~ in a timely manner, each of the tasks and subtasks identified in the Project Implementation Schedule. MOTOROLA will order and arrange for delivery of equipmen~ and material in accordan~ with the Project Implementation Schedul~ or in such manner, as maybe approved bY the COOPERATIVE, so as to provid~ fo.r the orderly pro. g[.e. ss of work under this Agreement while, at the same time, ensm'j'ng that no eqmpment or material ~s delivered to any COmmunications Site until that site is properly Prepared for such delivery. If MoToROLA: ~lesires to slfip equipment earlier than scheduled, COoPERATIVE approval must be obtained. 3/17/00 10 COOPERATIVE ,} ~3.2 COOPERATIVE ObligatiOns vlOTOROLA's~abitity to reasonably and substantially meet its obligations to complete each of the tasks 'subtasks identifiedin the Project Implemeniation Schedule is in part dependent upon the OPERATIVE ~dhe~, f g to, the~y', r~speetiVe obligations as set forth in,this ~GREEI~iENT end the ~ITS ther~eto, If the C0OPERAT ~IXrE projects that theY will be Unable.to meet any of their tyld~al obligation~!n a timely mcr, the COOPERATIVE, in writing and as early ~s reasonably [ible, shall advise MOTOROLA of such factand sha'l!:prox;ide aprOJected time within which the relayed obligati°ns Will be a¢canaPlish~ ' , use its 2.3.4 2.4 forthin a the longer ina Any r to discuss the final in,the performance f to for final Completion ay for day other : date. The advance notice to the Failure of MOTOROLA,to Perform- hlthe e. ye?~ that ~M_~OT. OR?I~. or its s~cg~tractor~ fail to perform the wOrk defirled ill the SOW timely as requ~ed bY the Pr~ojeet Implemantafion Sel~edule, then the COOPERATIVE agrees to reasonably cooperiffe with MOTOROLA and joinfl~ schedule or resehedule its performance in order to minimize 3/17/00 11 cooPERATiVE and, to the extent possible, eliminate the impact of such a failure on the COOPERATIVE's performan?~ Inthe event the COOPERATIVE is unable to schedule/resehedule its items of work to eliminate the ~.. effects of such a ~ if the kind other de- ~shai] los~ 3.1 the performance o~ services ~an~ fumishi~g~ o~lab°r' e~tuipment, rear.als ~d , ~ ~;~iS AGUE~ ~d i~ E~,-the'CoOPE~ a~ees to pay to f~.in ~s ~cle 3, ,~ ~9~t nPt t9 exce~ ~,~5~,6~6.0o, as set fen ~ ~e ~,~'. ~cle of~e ~ow ~ Ci~:s Obli~6~ ~ pay:~l be l~ted to i~ we a~ ~cc I~ ~y eqmpm~t, ~t~s, ~ea~, ~, hbor, or se~ccs~ P ,. ~ ~- -- i~8~ to,co~ete ~e SYS~ ~r ~ab~e it tb ~cfi6n ~d p~o~ as 7/00 12 COOPERATIVE specified in this AGREEMENT, or in the EXHIBITS thereto, were not specifically stated in, or were omitted from, the SOW, i~cluding Without limitation the MOTOKOLA Materials £ist, MotoRoLA shall furnish and provide the same to the COOPERATIVE at no additional cost to the COOPERATIVE and without any adjusmaent to the final completion date as set forth in the Project Implement/ition Schedule. 3.2 PAYMENT Milestones The'COOPERATIVE agrees to make payments to MOTOROLA in acc0r~dance with the following schedules: . 15% of the ~tal.'Fixed Equipment amount, less the p~ora~ed ~pplieabl~ system discount, will- be due af~ Agreement is executed and MOTOROLA com_plete~ the Design Review; 40% of the [0ta~ Fi?ed Equipment and~ ~assoeia~ted services amount, less the prorated applicable :SYs~em4iScount,.~il! t/e due upgn~ successful completion offa~ry staging; 20% of the total Fixed NetworkEquipment and associated Services amount, less the prorated applicabl~ system discoUnt, will be due Upon Equipment delivery to COOPEi~TIVE specified sites; 15% of the total Fixed Network Equipment and associated services amoUnt, less the prorated applicable system discount, will.he due immediately after the Equipment is installed at the sites as specified by the COOPERATIVE; 10% of the total Fixed Equipment price, less the prorated applicable system discount, will be due immediately after the date of Final System Acceptance. For any milestones completed, MOTOROLA shall invoice up to the milestone value in an amount equal to the completed portion. In no event shall MOTOROLA invoice more frequently than once each month; 3.2.2 Subscriber Equipment 15% of the total Subscriber Equipment as referenced in the SOW and associated services amount, less the prorated applicable system diSCOunt, will be due after Agreement is executed and MOTOROLA completes the Design Review; 75% of the total Subscriber Equipment and associated services amount, less the prorated appIieable system discount, will be due upon delivery of Subscriber unit Equipment to COOPERATIVE specified sites; 10% of the total Subscriber Equipment and associated services amount, less the prorated applicable system discount, will be due immediately after the date of Final System Acceptance. $/17/00 · 13 COOPERATIVE For' any milestones completed, MOTOROLA shall invoice Ui~ tO the milestone value'in an amount equal to ffi6 comple{ed portion. ~ In no event shall MOTOROLA inv0ice more frequently than once ~ach month. Any. payments made to MO my of the ratifica~tion ofany act on the part of MOTOROLA,. ~ or its agents or mariner may ~ontravene anyof the req~airements~or pxovisions of any late $/17/00 14 COOPERATIVE Invoices for the Smartzone System Management.Terminal will be invoiced to the COOPERATIVE and shall.be submitted to.the following address: City of Delray Beach At~: JosePh~Safford, Finance Director 100 Nw 1~ Avenue DelrayBeach, FL 33444 .Inv..oi.ces .for.~ixed.Net~. ork E~tuipment and Subscriber Equipment will be invoiced to the mdiviga! crees fgr ~e~r own specific Subscriber Equipment-and shall be submitted to the following addresses: City of Boca Raton Attn: Financial Service Dept.: ~ 201 W. Palmetto park Road ' Boca Raton, FL 33432-3795 City of Delray Bea~h- Attn: Joseph Sa/ford, Finance Director i00 N~V 1~ Avenue Delray Beach, FL 33444 City of Boynton Beach Attn: Finance Dept~ 100 E. Boymon Beach Blvd. BoYntonBeach, FL 33425-0310 3.4 Reserved 3.5 General Option for Addition or Deletion For Fixed Equipment and for its Subscriber Eqmpmem, MOTOROLA grants to the COOPERATIVE the option to add or delete any item of equipment listed or any sermee to be proVided Under this AGREEMENT subject to the following: If an item-of non-MOTOROLA manufactured equipment which Cannot be used elsewhere in the SYSTEM is canceled afar it has been shipped,~the party canceling the item wilt be subject to the cancellation, restocking, or equipment return policy of the equipment supplier~ B. "If an item of MOTOROLA manufactured equipment which cannot be used elsewhere in the SYSTEM is canceled after it has been shipped, ~he party canceling the item will be re .q~ired to either pay any restocking charges pursuant to MOTOROLA's restocking or eqmpment retum policy, or, at that party's option, to purchase that item of equipment at the price set forth in this AGREEMENT. 3/17/00 15 COOPERATIVE C. -' Options to add or cane, el equipment or serv/ces shall be exercised only in xvriting, except in the event of emergencies ~when verbal notification:will be accepted by MOTOROLA if written confmation of the verbal notification is received from the COOPERATIVE · ' ¢4 ~: ~.. Vrojec~Coord~tor, or anantho~ d~s~ee, ~th~. ho~g~? ~ of · ~" no~fication;' MOTOROLA will acc~ptall'sUg!~menclmentssu°.lect~t.°.me:aaJusrmem ~ prices. when applicable to MOTOROLA menufactured eqmpment, anct upon, notmcauo vr~¢i~Or~ntoth* eq~ipm,iit sUppli~ when aPphcaUe :t0~n&0XO~OLA n~tificationby theCOOPERATIVE~ of .any su~hea~}lattom COOpERATIVEshal! n°t bere~'sp0n$~le' mr ~['c0s~'5~f~p:: "" "ion items of e4tuipment ~any serw~es'.whi~iar~ ~an~led'a~!ai~ ~[ my a~t or onnss by MOTOROLA, itsempl0yees, subcontractors/or SUl~ners. : ~- ,,,,: . sell tc t the malt ~rices set 3.6 Maintenance SOW. MOTOROLA's obligation of maintenance and sUpport slm[[ cover the eqmpment furnished by MOTOROLP~ and listed in this Agreement ~nd shall be subject to th~ t,uc, s and conditions of the SOW (Section 6), Exhibit C, Setwice Agreement and Extfiblt D, Software Subscription Agreement with the SOW (Section 6)taking precedence over Exh/bits C and D. 3.7 EHgible Purchasers an agreement with tho COOPERATIVE to use any pomon oI me ~x~ ~, mvz m,u purcimsc equipment to us~ on the SYSTEM_,the option, to. p. ~u~. ~ 4m~h;~pm~e~ts:;~et forth m ' ' ist o,acteO mat e.a~ i u~,--~-~ ,~ ment List and Spare Parts t. , pr Purcimsed~Equip · es Eli ible · ' ndi onsofsuchpurclms · g ~,n,r~-nm~rtnl..v.~.~_____ entlty~m tV read, agreement ...... on tho terms and co tr. ' ' ~ - - ......... '~~~-, +~-o+ the COOPERATIVE deems ~s eligible. A govemmen enti ~ay =ercis~tUs o~o. indepenaem!y of thc coo~RAmm.; upon ~tt~. ith~e COOPERATIVE to MOTOROLA that such governmental entity is qualmen under mis by Article. $/17/00 16 COOPERATIVE ARTICLE 4. COOPERATIVE APPROVAL OF MOTOROLA DOCUMENTS AND SPECIFICATIONS Notwithstanding any other provision of this AGREEMENT~ approval by.the COOPERATIVE of any engi~ering or ~lesign documents ~d specifications, any other similar submittal, or any part thereof, ihall ~0t rel]eve:MOTOROLA: ,of thereSP°nSibility to meei an. of the requir~mants ior: : the SYSTEMas set forth in this AGRE~I~,~,, and to c0rrect any errors or omissions in said .: do.cume~t~ or spgcffieatlons ami: associ~ performance Under this AGREEMENT.' ' -MOTOROLA shaiIhave noclaim for a~ditional costs resulting from any such c0rrections or performance or for any delays in performance arising or resulting from such correction or performance. : ARTICLE,S. SYSTEM,PERFORMANCE ~ ACCEI~ANCE,TESTI~ 5.1 SYSTEM Acceptance Test Plan and AcceptanceCriteri:~ A SYSTEM Kcceptance:Test Plan CATP") eentains,detailed plans and procedures:designed to dem0nstr~e thE ability of the SYSTEM to meet, fim~ion, mid perform in ae'cordance w~th the SOW. and the specifications ang requirements Contained herein. The i~suance ora writtan notice of final acgep~ee by the CoOPERA~ Project Coordinator, subject to the unanimous appi'oval and consent of each City, stating that the SYSTEM haS' satisfactorily completed the ATp and fia:at other requireinants 0~ this AGREEMENT have heen met will be the sole criteria for system acceptance and the date of SUch is§uance will be the Date of F~ Acceptance. 5.1.1 Us~oftheSYSTEM Prior to Acceptance The. COOPERATIVE agrees that it will aot use the SYSTEM prior to the Date of Einat Acceptance forany purpose.other than t~ing or te~ting as is authorized in this AGREEMENT without the'written Consent of MOTOROLA, whi¢llconsant wilt not bv unreasonably withheld. 5.1.2 Equipment and Software, Any equlpme~at~or sofhvare which does not successfully meet the reqmrements of the ATP or whiCh:does not meet ~¢ requirement~ or SPecifications set forth in the sOW Shall be repaired or replacedbY MOTOROLA ~ithout additio;aal cost. ~ 5.2 Testing Notice Not.less than fourtoen (14)calendar days prior to conducting any ATP test, MOTOROLA shall notify the COOPERATivE ?r0ject Cour4i~ator in writing of the date~ time,~and location of the test(s) to be c0ndgeted~ The COOPERATIVE Pr0jeet Co0rdihator shall be responsible for therea~er giving prompt notice of sUCh test(s) to other affected COOPERATr~ personnel. Any personnel so designated by the COOPERA~ may be present during and may witness such test(s). 3/17/00 17 COOPERATIVE 5.3 Test Responsibility The conduct of all acceptance testing end all testing identified by eny:terminol0gy (e.g., unit shall the at ~he the .~/17/00 18 COOPERATIVE 5.5 rest Documentation · · Test documentation of a pass/fail to previously specified criteria will be mutually established by MOTOROLA and the Project Coordimtor prior~lo the test. ARTICLE 6. INSTALLATION OF SYSTEM 6.1 InstaHafion MOTOROLA shall furnish all labor required for unpacking and placing the delivered equipment, hardware an~t software in:the apPmpriam tgcations at, the communications Sites. The ' equipment, ~dware, ~d ~o~are delivered under this AGREE~ ~halt be installed by MOTOROLA at their final delivery locations in accordance with the SOW. 6.2 Facilities - · The.COOPERATiN'E will not be obligg~gd to receive or to provide storage space for equipment, matefials,~or supblies ~,~_'~9~ to~¢ appii~ibiedeiivery dates Set f6rth~in~; Pr~oje~t ; ' Implementation S~:he~!ul~ °r.~U~:h Other ~a~es' as may be agreed in writin~ by t~he ' COOpERaTIVE Project.Coordinator. MOTORO~ a.c.k~,ow!edges that access to some sites and facilities may be restricted by the CoopERATIVE; therefor~ MoTORoLA agrees to.' ~ooperate fully w~th ail reasonable access r~quh:ements for deliver9.(, installation and testing of the SYSTEM. - ' - 6.3 Standard of Work n~O.T. O,RO. LA .shall, perform all~service~!?quired pursuant to this AGKEBMBNT, including but t lumt~ to ~he,.installafipn qfthe SYSTEM, as provided in this AGREEMENT and in accordance with MOTOROLA's R-56 ~.Installations Quality Standards as part 'of this AGREEMENT. Ia the event that MOTOROLA, in/ts reasonable judgment;determines that a ~oarricular practice of procedure is inappro, priate in a particular situation, MOTOROLA may ll0w whatever practice or procedure it deems appropriate, provided that such practice, or procedure shall reflect good workmans~p and judgment and be at least that of the standard observed by a competent'provider of Services. in the business in which MOTOROLA is engaged. MO _TOROLA agrees to notif~ th? COOPERATIVE Project Coordinator of any such chan~d practices or procedures.prior to implementation, if practicable, or if not, as soon thereafter as is practicable. 6.4 Documentatio~ MOTORDLA shall deliver to the COOPERA~ all documentation related to the SYSTEM, including without limitation all appropriate ~stem manuals, equipment manuals, hardware manuals, and sof~ware manuals, as provider[ in the SOW and in the Implementation Schedule. 6.5 Training MOTOROLA will provide training feinted W the SYSTEM as provided ia the SOW and in the Project Implementation Schedule. MOTOROLA will provide training for any other equipment, hardware, and soft:ware as requested by the COOPERATIVE at its then current prices. The 3/17/00 19 COOPERATIVE COOPERATIVE agrees to give MOTOROLA five (5) business days' ~otice for the cancellation 'of any scheduled training classes. - ARTICLE 7. W~ .~-Z4}~O, ANTIES'AND~'ll!;NANCE ~ 7.1 SYSTEM, Equipment and Software Warrantie~ ~ 7.1.1 SYSTEI~I Warranty and Warrants that all equipment, hardware, other products are new, and , of any md 7.1.3 subcontractors are warranted year ~fective A~ B: The product has Alteranons or repairs~not per frirmed or a~utl!0rizcd bxMI~TOR..OLA h~v¢ been made to the product, or unauthoriZed p~a'ts have been used inthe,equipm~rit.~: ~ ord~ to obtain p~formanoe 0f,~, w==,, th. coo~uv~_ ~ as:app?.~te ? instance, must contact MOTOROLA S representative or Customer Kesp0nse center ar 247-2346;' Software ;3rarranty License" which is included in, and Sofavare shall be warranted m accordance with the "SoO:ware made a part of, the SOW. Such warranty shall include, without limitation, providing the COOPERATIVE ~vith updates, new enhancemant releases (not platform;releases), and support for all such software; 7/00 20 COOPERATIVE 7.2 Parts Availability Warrant3- MOTOROLA Warrants the full and complete availability of all SYSTEM equipment parts, ~-- componentS~ and service therefor for a~.peri0d of seven (7) years on fixed equipment and five (5) y~,e~s 0.a subscriber eqU~ment following the date Up0nWhich sUCh equipment or parts are mseontmued. ~MOTOROLA agre6s ~at in the event of a breach oflhis warranty, MOTOROLA shall give credit to th~ COOPERATIVE the difference b~tWeen :MOTOROLA'statest available price for any such equipment parts, cc~nponents, or Service tha~ may be'Unavailable and the costs ~f alte~ate compatible e~luipmefit, ~arts, components, and s~ce. warranty Article shall COmmence. include work hy ~ the Condffiunal Acceptance. The year,following the Cund~tional Acceptance or, ~ 7.4 A ,ceptance. piece : the COOPERATIVE Project serial number of each piece of equipment MOTOROLA nor the its softwan SYSTEM, inetudhag without limitation thereof as provided herein), will in any trade secret, trademark, any third party. The e SYSTEM 7,5 ' Compliance MOTOROLA funh them to useby the COOPERATe, an~itl hereunder,` ~Ibe in ~o~pl~ee ~i sale, use~. ms~laao~ md mmt~e .~ including but not limited to all sofavare, its hcense ~ance by MOTOROLA of ~he sen, ices provided l:a~plicable laws, rules, and regiilafions governing the r he SYSTEM or any portion or componem thereof. 3/17~Or? COOPERATIVE 7.8 7.9 ¸ ii1 meet · the implied the end the $/17/00 22 COOPERATIVE days per week, 8 a.m. to 5 p.m. 1 include, providing the COOPERATIVI~ wi~h ~pdates, new releases, and support for all software in accordance with the terms and conditions of th_e Software Subscription Agreeme~at, Exhibit D. 7.10 Enforcement Of Warranties ARTICLE 8.1 8.2 ~ with Article 10 of or e requirements of this AGREEMENT~ including without forth in this Article 7. Upon receipt of such notice, its so?cos~ and expend, shall-take.all actions necessary to malfunction, failure, or noncunfomaity. 'Such action~ shall inelude, ~fparts, equipment, materials, supptjes, structures, or ,,' responsible for enforcing any third-party materials, supplies~ and sen, ices provided Under hall be liable to the COOPERAT~ZE for satisfaction of forth.inthis.AGREE~NT~.. ~ The MOTOROLA key personnel to be ~signed to the project will be identified prior to commencement of installation of any equipment er components or performance of any other work at aCommurdeat/ons Site. MOTOROLA shall make its best effort to retain the key persounel loft the duration of the project and continue their assignment to the project until the Date of Final Acceptance. If it becomes necessary to change such personnel assignments, MOTOROLA shall provide timely written notification to the COOPERATIVE regarding any such changes. MOTOROLA shall promptly replace any key or other personnel Ul~n the reasOnable req?st of the*COOPERA .T~E Project Coordinator. MOTOROLA shall at all times exercise reasonable~¢are anddiligence in enforcing discipline and good order among its assigned personnel'and m :ensur~fl that the work ~s executed m a timely and high quality manner. ' N_0twithstan~g~?e authority of the CQOPERATIVE Project Co0rdinator as set forth herein or elsewhere in ~s:AGI~.,EMENT, MOTOROLA shall be and remain liable to the COOPERA~ for~pe~ormanee of all persons providing services, labor, material, equipment. or other Products under hhis AGREEMENT. . . assignments ha tlaat iegard shall be made available to MOTOROLA within thirty (30) calendar days after th~ EffectiVe Date of this A_G_ ~R~__EMENT. The COOPERATIVE shall make its best effort to retain the key ~onnet fOr the ~turafion of the project and continue their assignment to the.proJect ~ ~ts ~imliae .eep _mnce_: I~. il becomes necessary to change such personnel ~ ass~,ents, the COOPERATIVE Project Coordinator shall provide timely written notification to MOTOROLA regarding any such changes. 3/17/00 23 COOPERAI'IVE ARTICLE 9. ~ COOPERATIVE REPRESENTATIVES 9.1 COoPERATIVe_ Pr0ject Coordinator h~v¢ direct normally for dcskestogiv¢ applicable, so as set forth i~ 10.20~ff~ap ~O~ERATIVEAddr ess ~ ~ ' · · er~i~in to this AGREEMENT · ~icat~0ns~¢xc tas rowdedmA~icle3.3, p g All ~Writtcu:~ co~; to the CO®PER~TI~ shall be ~ddrcssed as f0tlow~ COOPEIL~TIV~ City o£Bc¢a R~ton Atm.: Deputy Chief Ken Pachnck 3/17/OO 24 COOPERATIVE 100 N.W. Boca Raton Blvd. Boca Raton, FL 33432 Voice: 561-338-1202 Fax: 561-338-1315 10.3 ' OfficiaIMOTOROLA Address Ail written communications pertaining to this AGREEMENT to MOTOROLA shall be addressed as follows: MOTOROLA Inc. Attn.: Mike Bunting 5900 North Andrews Avenue, Suite 500 Fort Lauderdal~,.FL 33309-2367 Voice: (954)349-9353 Fax: (954-) 349-9453 3/17/00 COOPERATIVE With a copy to: MOTOROLA, Inc. Attn.: Contracts and Compliance Dept. 8000 West Sunrise Boulevard, Room #I189 ~ plantation~ FL 33322-4497 Voice: (954) 723~349~ · Fax: (9~54) 723:5858 ' 10.4 Consultant's Address Any party giving notice under thi~ ~cle ~ via fn'st class mail, to: . OMNICOM~ Inc, Atm.:: Bob Sutphen 930 ThomaSVille Roach Suite 200 Tullahassee; FL 32303 V~ice: 850 224 4451, Extension 17 Fax: 850 224 3059~ emall: rwsutphen~worldnet.att.net ARTICLE 11. YINANCIAL REPORTS AND STATEMENTS During the term of this AGREEMENT, MOTOROLA will provide the COOPERATIVE with . oral and written financial data in the form of repons and statements as indicated herein. Such rePort~ shall be delivered to the COOPERATIVE Project Coordinator, who will be responsible for proViding copie~ of such reports and statements to other staff or consultants, as necessary. MOTOKOLA will proVide such information as may be reasonably requested by the COOPERATIVE Project Coordinator, including the following: A. Invoices for eqtupmera and services provided to the COOPERATIVE under this AGREEMENT. Such invoices shallbe submitted in a form acceptable to the COOPERATIVE, shall clearly distinguish between Fixed Equipment and Subscriber Equipment (and the total price therefor), and shall show the location or Communications Site associated with such equipment and services. Additionally, such invoices shall contain sufficient detail to allow the COOPERATIVE Project Coordinator to verify the cost of equipment and services included in the invoice, to verify that the services ' included in the invoice have been performed, and to verify that the costs for such equipment and s&vices are properly categorized. B. Periodic summaries of paYments received by MOTOROLA from the COOPERATIVE under this AGREEMENT divided into two categories: Fixed Equipment, and the COOPERATIVE's Subscriber Equipment. Such summaries shall identify any unpaid mounts for such categories, and shall contain sufficient detail to allow the COOPERATIVE Project Coordinator to verify that the paYments shown in the summaries have been applied to the correct category. ~/17/00 26 COOPERATIVE Projections of Milestone completion in' accordance with the SOW. D. Quotations in response to requests by the COOPERATIVE Project Coordinator and the' ~. ~ COOPERATIVE as related to changes in the work. This Article shall not reqmre MOTOROLA to disclose ~ts confidential, proprietary cost pricing data andiflforma-ti0n, I ARTICLE 12. NON-INTERFERENCE ~ and services bemg~groyided by MOTOROLA use of, or presence in, a~eas being used by m prevented by reasOn of any of the fol events, (i0'op~, ation :0f'l, awl (iii) the ~ equipmefit by ~eas°i~ ~£appropriati ~0n c or by reddish 6f regnlhti6~s imposed by the enemies or'the ~tate 0~F1;hda or o fire and delays in tranSl~ortation beyon~ affected, (vii) any othe~ event beyond fl affected (including delays caused by Pa such party's willful activitie: that :this covenant shall not public'safety functions. ARTICLE 13. EXCUSABLE DEL&YS A Party s tnnetyperf0rmance of its ob~gattons under this AGREEMENT, only to the extent it is specifically affected ~thereby, shall be st~spended, without forfeiture of anY performance bond or the inc~g of m/y financial liabillty,~ ~hen and for :as 10ng as performaneeof such obligations owing cases: (i) acts of God; including severe weather ,itit~ to obtain necessary perm/t~materials, supplies, or use ~ereofby the Local, State~ or Federal Government ~cal, State, or Federal Government, (iv) any acts of United State ogAmeri~a; (~) civil commotion, (vi) ~.reasonable control of the party whose performance is e reasonable control of the party Whose performance is :m Beach County, Florida), to the extent not caused by or negligent acts or omissions, except in those cases where a Perry could have reas, ~n.a~ ly fo~ ~ ~ ~ en and~rea, so~aabl~ a~.mded the occurre~ ce. TheParty affected by any such even:stlallgi~ ' ' ' ' ~ ~ ~ ~ · ' ~ - rotten nottce ~er~of toithe other Party as soon as pmcmcable after it h~,om~s ware~o~ ~ a~ event ~; tOi~he e~nt p~acti'C~U*~ ~mI *e~ the anticipated Ien~ of: he~aO~:~e eV=tp~o~anceii~ suSPenCed;due~O ~c~h:¢l~ Velay, t~ ~eoted Par~ sh~l USe ,redS', ble effO~S to mi~mize)he imp~t o~tha~detay fi~the dates for compIeiio {of ~i; -. sils ren~cted ~t~e rmf~!em~taion achedUie. - ' ' A~TICLS ~4. C~-~'~]~S, m~L~TIO~SlO~ Am)ITIONS TO .~REE~Vm~vr 14.1 COOPERATIVE Change Requests In the event that the COOPERATIVE id~ntifies changes or delCtions to the performance, work, or tasks specified in this AGREEMENT. ]°r additional.work to be performed under this AGREEMENT, the cOOPERATIVE ~Pr?j?t Coordinator shall submit a written request for such changes, deletions, or additions to ttie 1N~ject Manager. Such request shall include the nature of 3/17/00' 2~7 COOPERATIVE the change~ deletion or addition requested, including a brief description of any new or altered requirements, and a description of the requested work to be changed, deleted; or added. 14.2. Change Proposal - w;.~,,' t~,ih, v ~q0l calendar days folkr, vine MOTOROLA s receipt of a request under Article - [4.1i MOTOROLA shall prepare and delver to the COOPERATIYE Project Coordinator a wriffen statc~aent Which ~hall include~the folloWing 4ata: ' ~ or addition on existing requirements and E. Imp~ of th,e change, deletion, or addition on any other part 0f this AGREF_AtENT, in~iifding EXI-HBi~s, or other docmnents.which may;be affected by ~ request. F.. Th,~qd oftime for which such statement m valid, whicht~me slmttno~bele sthan 5(30) dg. ys. ':~ .... '" " 'ori i. ftheCOOP;~RA,T!,-~/E, !~oject:Coordmatordemgnatesthechan~¢requestasa ~ ty, MO~OR0~ s~~iespomd ~o later ~ fifteen(15), ca1endar days,affer receipt of the request. No s chld M;:t ' S mbe*ome bindi til *e COO .ATrv MOTORO~ hav~¢ ~nt~ed into an apprqpdate written amendment ~o this AGREEMENT, 14.3 ' shall execute and and all of the s to said MOTOROLA. 14.4 MOTOROLA Change Requests MOTOROLA may suggest that changes be made to the scop~ of the w_or_k c.on~e~mpla~e.d i~ this Such suggestec[ change,s may include? but shall not be limited to, sunst~tu~o.ns,~ce~.eu~ons or additiOns, upgrading or enlarging SYSTEM'components, or adjustment ol'me rrojec~ Implementation SchedUle. All such suggested changes shall be made m writing to the 7/00 28 COOPERATIVE COOPERATIVE Project Coordinator and shall set forth all information required by Articles 14.2 and 14.3. No such Changes to~this AGREEMENT shall b~come binding until the COOPERATIV~E and MOTOROLA have entered into an ~appropriate written amendment to this AGREEMENT, ineludmgall affected EXHIBITS. 'equired by a written amendment to this AGREEMENT approved each City. The COOPERATIVE shallnot be obligated for payment total obligation of reduced by any changes, substitutions, or deletions hereunder, the [ for such reduction, whidh shall be suitably defined and tpplied upon the subsequent billing invoice to the · any disputes that arise under this Contract in good faith. accordance with the following procedures: Ao The aggrieved party shall give written notice to the Project Manager or COOPERATIVE Project Coordinator, as appropriate, setting forth the nature of the dispute, date of occurrence (if known), and proposed equitable resolution. Both-the COOPERATIVE Pr0,iect Coordinator and the Project Manager shall meet at the earliest oppo?tunity to discuss and resolve the dispute. If the dispute is resolved to the mutual :~ti~faetion 0f both, they shall report their'dec/si°n to both_ the COOPERATIVE and'MOTOROLA in writing. If ~e COOPERATIVE Project Coordinator and the Project Manager are unable to rec0neile ~C dispute, they shal~ repgrt their impasse m both the COOPERATIVE and MOTOROLA, who shail then convene a meeting at their earliest opportunity to attempt to reconcile the dispute. If ~e ~q~ .are:not able to.amicably resolve the dispute within thirty (30) days after the initiai:noti~ thereof is received b~/the cOOpERATIVE Project Coord~tor or the Project Manage, then the parties can pur~e any Other forms of relief that may be available to them Under this AGREEMENT, at law, or in equity. ARTICLE 16. TERMINATION 16.1 If MOTOROLA fails to provide an operational~sYSTEM in accordance with the SOW; or fails to make deliv ~ery or complete the installation of such SYSTEM and all other performance as required under ~s AGREEMENT in a timely manner, unless such 3/1 7/00 29 COOPERATIVE failure has been caused by an ExcuSable Delay 'as defined in ARTICLE 13; or fails to fulfiI1 any other of its obligations, through rio fault of the COOPERATIVE, such failure shall be~onsidered a default and Shall entitle, but not obligate, the COOPERATIVE to in whole the 0thercosu 16.3 excusable belief due to~ as 1S 3 s to be due to of the basis for its The the peffarrn is the Notice of the or facilities this AGREEMENT extent that 3/17/00 3O COOPERATIVE 16.4 16.5 · ' A. - MOTOROLA Shall be paid for items it delivers hereunder. MOTOROLA and the COOPERATIV~ shall work together in good faith ~o determine and agree upon the whole or any part of the amount or mounts to be paid to MOTOROLA by reason of the total or partial termination ofav0rk pursuant to this Article. B. MOTOROLA shall complete performance of such part of the work as shall not have - been terminated by the Notice of Terrninatiom MOTOROLA shall take such action as may be ~ecessarY, or as the COOPERATIVE Project C~rdinal0t may direct, for the pr0teetion and preservation of all equipment, mater/als, and other property related to this AGREEMENT which are in the possession of MOTOROLA and in which the COOPERATIVE has ormay hequire an interest~ . C. MOTOROLA shall proceed immediately with the performmace of the obligations sp.ecified in A~ticle 16.3, notwi~standi~g any delay.in determir~ng or adjUSting the prices and compensation due MOTOROLA under this AGREEMENT. After receipt cfa Notice of Term~ati ~o~ for the COOPERATIVE's Convenience, MOTOROLA shall submit to the COOPERATIVE it~linv,o, iees for its termination expeuses by categories ' (Fixed Equipment and the COOPE ~RA~ s Subscriber Equipment) and in sumcie~t detail to allow the COOPERATIVE Project Coordinator to verify that such non-default termination costs are properly categorized and payable urider this AGREEMENT. Such invoices shall be submitted pr0ingfl3i, 8u.t in no event lat~ than ninety (90) ~alendar days after the effective date of t~rmination, u~flCSS ane or more ext~ons in writing are granted by the'COOPERATIVE ProJect Coordinator Upon good cause rkiown by MOTOROLA in writing with/n such period or any authorized extension thereof. Failure to Agree on Cost If MOTOROLA and the COOPERATIVE fail to agree in whole or in part, as provided in this Article 16.5, as to the amoUnts to be paiif to MOTOROLA in connection with the termination of work for the conveaience of the COOPERATIVE, MOTOROLA shall, nevertheless, be entitled to payment for the following: A= Each milestone fulfilled and all amounts and expenses incurred by MOTOROLA in the performance of the work on this; AGREE~ prior to effective date of said termination not previously paid' to MOTOROLA, and such additional amounts as may be meurred out ofn. eeessity within ~_ reasonable lirae thereafter with the written approval of or as directed b3/the COOPE~ .TI~_ Project Coordinator;, provided, however, that MOTOROLA shall proceed as iapidly as practicable to discontinue all additional costs related to the terminated portions of this AGREEMENT. Bo So far asnot included under Article 16.5(A),the costs of gettling and paying claims arising out of the termination of work under subcontracts-or orders, as provided in Article 16,3, which are related ~6 the terminatedportion of this AGREEMENT. 3/17/00 31 COOPERATIVE · -f The reasonable costs of Settlement, including accounting, legaJ; clerical, and other expenses r~asonably necessary for the preParation of the invoices for termination. · -- expenses and sUpporting data for the termination and settlemem of sub¢0ntracts here~mder;~togethgr ~Vith reasonable's~rage~ tran~P°rtat~o~, andother costs incurred in :,' cmmecti0n With the'protection or d/sposit/on of te~U,'on Inventory. . under ti~s ARTICLE t6~ere'shall be deducted: ' A. ~1 pa~ ~cretofo~ r~de t0 MOTOROLA ~pticable to ~.te~a~d ~mon o .,~s,AG~E~- ': '- ':- '~ ' ' B. ':~. ~o~t d~e'~e COQPE~ ~ MOTOROLA ~ ~ecfi~ ~ ~s AG~E~. . ' ~e recox~ed by 0r:~e*ged!q *e cOOPErS' :: 16.8 Removal of sYSTEM and Recovery of Payments Notwithstanding any other provisionof this AGREEMENT unless specifically referenced in this Ar'dele 16.8; the COOPERATIVE shall have the right; upon termination by reason of MOTOROLA's material breach o£ this AGREEMENT and failure to timely cum, to reqmre MOToRoLA th ~emove all equipment and other components of thc SYSTEM and recover from MOTOROLA ail sums paid by the COOPERATIVE to MOTOROLA under this AGREEMENT. Should the COOPERATIVE'elect such a remedy, the COOPERATIVE Project Coordinator shall so notify the Project Manager, and MOTOROLA shall refund all sums paid by the COOPERATIVE Under this AOREEMENT within sixty (60) days following receipt..of such.. notice. UPOn r¢ceiving,siieh notice~ MOTOROLA, at its sole cost and e,xpense; snan prompuy proceed to remove all eqUipment and components of the S~STEM, w~ou~ h~ or d..,a~nage to any property o f~ the COOP EP~.TIVE, 'and to restore all rea[ l~. operty a~;o ~s ,tr~, c,.t~,;es ~ me COOPERATIVE affected by such remov, al tO then' pnor,condmon;,ana sn_a.u mngenuy p~rl~l~E such remoVal, repair, and restOration until completed to the satisfaction of the COOPERA . Should MOTOROLA fail to commence and complete such removal, repmr, and restoration - within ninety (90) days~following the receipt,of such noticel the COOPERATIVE shall have the option, without.liabiliiy for arty damage ~vhich may Occur t9 the SYSI'~M, to r~m.ove, such the equipment:and Components, or cause the same to be removed, and MOTOROLA snan pay to COOPERATIVE all costs and expenses incurred as a result of, or related to, such removal (including without limitation remm of all removed equipment, components, and materials to 3/17/00 32, COOPERATIVE MOTOROLA), repair~ andrestorati0n. This Article 16.8 shall not supercede the obligations or fights provided in the dispute resolution process set forth in Article 15; however, Article 15 shall not be interpreted,~aor is it intended, to condition the performance of obligations or assertion of rights set forth in this Article on either the initiation, completion, or other resolution of any relief at law'or in equity that may be available m or pursued by MOTOROLA. ARTICLE 17. LIABILITY 17.1 IndemnifiCation ~ ~md the its :agents. - e Soon/ts pmctical ot request i agreernem the Parties, MOTOROLA uadertakes, at its sole expe~, se, the defense of any such claim, ~d, or cause of act/on, the CoopERATIVE shall c0opem~ wihk MOTOROLA in regard t6 its defense of the same..This indemnification 'shalt:, survive ~he expiration and/ermination Of this A~grecment. 17.2 Indemnffication.~Regarding P~tent Righ~s~ Copyrights, Proprietary Data and Trade Secrets PATENT AND [efend, at its own. expense, an>- the extent that it is based on a claim that the following:. of such claim; i for it,, wrongdoing; and iii) should the opinion b~ likely to will 1 ! ,against the COOPeRATiVE in any, s~h suit which payments are conditioned 6n the ' in writing by COOPE~ of any notice defense of such suit and :all negotiations · the COOPERATIVE to admit or,Motorola Sof~are become, o~ in Mo~orola's . UnitedS/ams patent or expensc~either tO.Procure for Equipment or Motorola Sofb, Vare or to replace for the t and acce~,t its return. The depreciation amount standards for such Equipmenthnd~Software. attached~t Motorola with respect to infringement MCtorola have furnished:by Moti~rola.which is foregoing states ~e enth'e liability of 3/17/00 33 COOPERATIVE 17.4 Sofavare or any parts thereof, This indemnification shall Survive the expiration and termination of this~Agreement~ actiorls, or ~causedby 18.1 tothe ¢ompt provided 3/17/00 34 COOPERATIVE ' 19.1 Incorporation of EXttIBrrs ~a maae a p~ ot ~s AG~~.~ :~7- _ . ~, t~ ii. ropy mco~orated ~to mat~s'~d doc~ ..... ~'~ ~ ~eve[ ~ea to ~n ~e t~t as ~ou~k ~d all ~E~ m ~ese doom ts ineh,~ +~' - ~ Y offence m ~e ' ' - . .. . ?n ........... .nsaocmem~d~l ' · si~:fic~ceandapphcab w~o,~.. ~ - .. . E~b~. ~eeffect, ~-- ..... .s aoc~ or ~cles ~of~e ~ specffied in · o~ po~ons of the AG~E~. w~ch. m~e specific, ref~ce to. ~em. ~e m~ 'AG~,,, whenever use~ s~ll mctude smd E~. 19.2 Glossa~ ' -~ ~ F~ed Ne~o~ Equipm~ S~em~equipm~t such as b~ s~fions ~d ~pment - Com~icaions Site O~e SYS~M ~ to be ~n~cted or ~S~Ie~. ~te of F~I Acc~ce D~ specified by ~e COOP~ ~ its no~ce of ~al acc~c~ w~c~ a~ses MOTOROLA ~t ~s~lafion ~d co~cfioa 0f ~e SYS~M ~S ~ ~mPl~ed ~ ace~rd~Se ~ ~e SOW ~d by'w~ch~e Subs~b~ Eq~pm~t E~ment used as a p~ of~e SYS~Mtocated ~ v~hicies, such as mobile ra~os or ble m ~, pm~ locatea at~e COOPE~,s Police ~or F~ p~, ~ at au~o~ loc~ gov~ent o~c~. Major System Mat~ction A fa~e ~ w~eh ~e en~e SYS~ is out of se~ce or m . . ~o ~=a ~s no~ suos~fialy prolog ~e level of- cov~ge ~ usage requ~. Minor System ~ ~ w~ch s~e ferns of ~e S~M are ~Op~a~ve, but which ~ not ruder the ~e SYS~M ~able,or ~ific~tty de~a~ i~ P~o~ce. ~E 2O. O~ER OFP~DENCE E~S ~ ~e event of ~ mc ' ~ ' ' ~ .... onast~cy be~een ~y of~e pro~sio~ of ~ AGUE · ord.: ~-~-.-~ ~,~ ~e r~oivea ay ~ preced~e ~ ~e follo~g A. ARTICLES of this AGREEMEt~F 3/17/00 35 COOPERA'i'iWE -B. 21.1 Exhibit A, MOTOROLA'S sOw (SOW) dated March i0, 2000, including the Project Implementation Schedule - not be The hall be equal to the number of the parties to OlvlNICOM. 21.3 21.4 Se,~erabillty , ~ ~' )i. .... ' ' to be invalid If any po~on of this AGREEMENT or any EXHIBITS, or pomon thereof is held by a court' of law such provision shall be considered severab, le, and the remainder of this AGREEMENT 0r any provision hereof shall not be affeetect. interpcetation~ Enforcement, and Venue This AGREEMENT shatlbe'enforcedand'interpreted under thc laws of the State of Florida. All . limitation tho SOlar and the Soi~are Licenses, snail ae men tn a cour~ ox in eac c0 w, 11.5 Effective Date This AGREEMENT shall be effective when all of the following events have occurred: MOTOROLA by the person or persons A. This AGREEMENT has been signed on behalt~ of authorized to hind MOTOROLA; and This AGREEMEtqT has been signed on behalf of the COOPERATIVE by the person or persons authorized to bind the COOPERATIVE following-approval of the AGREEMENT by the COOPERATIVE, or ten days after the approval by the City of Boca Paton Council, whichever is later. 3/17/00 36 COOPERATIVE 21.6 Integrated Agreement This AGREEMENT sets forth all of the rights and duties of the parties with respect to the subject matter hereof,/nd replaces any and all previous AGREEMENTS or understandings, whether 'written Or oral, relating thereto. Tliis AGREEMENT m~iy be amended only as Provided in Article 21.7. · 21.7 Amendment All amendments hereto shall be in writing ~:nd signed by the persons ~uthorized to bind the parties thereto. The COOPERATIVE Project Coordinator shall be responsible for processing all proposed amendments to the AGREEMENT for si~ bythe CoopERATiVE and'eaCh City. - ' . 2L8 Breach If any party fail~: Go perform, in who~e or in part, any promise, covenant, Or agreement set forth h~ein,: or shguld 'any represer~t~iSon made by :any party be untme;.the aggrieved party, in aCcordanc~e with the terms of this AGREEMENT,' may avail itself of ali rights and remedies, at law or equity, in the courts of law. 21.9 Independent Contractor MOTOROLA is acting hereunder as an independent contractor and not as an agent or employee of the COOPERATIVE. MoToROLA'shall not represent or otherwise hold out itself to ~e an agent or employee of the COOPERATYv'E. 21.10 Prohibition Against Assignment or Delegation MOTOROLA may not, unless it has first obtained the written pemfission of the COOPERATIVE: Assign or otherwise alienate any of its rights hereunder, including the right to payment. Motorola may assign its receivable to a third party provided that the assigm-nent does not ankmpt or ~mpa~r Motorola s financml wherevathal To complete this project. B. Delegate, subcontracT, or otherwise transfer any of its duties hereunder: 21.11 Permits With the excepti6n of h'censes or permits required by the Federal Communications Commission or the Federal Aviation Administration, MOTOROLA shall obtain, at its sole cost and expense (if any); all permits and licenses for local site construction. Ali other pemiits and licenses that are required for the performance of work under this AGREEMENT, shall be the responsibility of the COOPERATIVE 3/17/00 37 COOPERATIVE 21.12 Nondiscrimination and Affirmativ~ Action .and the.State of Florida. In performing 21.13, 21.14 Insurance 21.14.1 Certificate The Imum~ce Certificate must read as follows: CanCellation "Should any of t~e above described vera e be canceledbefore the expirati°n dat~ thereof, tl/e issuing c0mpany:wili endeavor to CO g , . . ~' ,, mail 30 davs written notice to the certificate holder named to the left. 21.14.2 Insurer Requirements Ail insurance coverage shall be placed with companies who are either licensed'by the State of Florida or admitted as a surplus lines carrier by the state. All companies shall have at least a B+ rating by A.M. Best or,other recognized rating agency. 2L14.3 Required Coverage MOTOROLA wilt file proof of insurance inthe following amounts prior to commencement of work: A. Workers' Compensation and Employers Liability Insurange - Workers' Compensation ~ statutory limits.as required by Chapter 440, Florida S~,tute~s. This policy should include Employers' Liability Coverage for $1,000,000 per acclaent. B. Commercial General Liability Insurance - $1,000,000 limit per occurrence for property damage and bodily injury. The insurance shall include coverage for the following: i, Premise/Operations 2. Explosion, Collapse and Underground Property Damage Hazard (only when applicable tO the project) 3/17/00 38 COOPERATIVE 3. Producrs/Cornp!eted Operations 4. Contractual 5. Independent Contractors 6. Broad Form Property Damage 7. PersonalInjury Business Aiitomobile Liability Insurance - $1,000,000 limit per accident for property damage and personal injmy regarding all of the following: - : 1. Owned/Leased Autos - 2. Non-oWned Autos 3. Hired Autos' Other Reqnirements In addition to other requirements set for& in this Article 21.1,3, insurance coverage must meet the following requirements, as applicable: A. Commercial General Liability and Automobile Liability Coverage The COOPERA~..TI~ ,: members of its COOPERATIVE Commission, boards, commissions an~d committees, officers, agents, employees and volunteers are to be covered as additibnal ~ as respects:_ liability arising out of activities performed by or onbehalfofMOTOROLA; products and completed operations ofMOTOROLA;p~isesowned, teasedorusedb. ~ , . y MOTOROLA or prermses on which MOTOROI.~,. is performing services on b~half of the CooPERATIVE. ~e~ bo,~erage Shall COntain no speciallimitations on the scope of protection afforded ,to the COOPERATIVE, members of the COOPERATIVE Commission, board~;, qommissions and committees, officers, agents, employees and volunteers° Insurance coverage isb~Jl be primary insurance as respects the COOPERATIVE, members of!ts GOQPER~:T1VE Commission, boards, commissions and commigees, offi~cer~, aZents, employees and volUnteers. Any insurance 0rself- insurance maintaLued bY the COOPERATIVE, members of its COOPERATWE Commission, boards, a~l c0mmittees; officers, agents, employees and volunteers shall be excess of Contractor's insurance and shall not contribute with it. Any failure m c0.mpl~y ,withireporting pro~sions of the policies shall not affect coverage provad{d t~ ~e COOPERATIVE, members of its Commission, boards, committees, offi~er~; a~ent~, emploYees and volunteers. 311 7100' 39 COOPERATIVE 4. Coverage shall state that the insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits _of the insurer's liability. ' Workers~ Corn ensation and Employers 'Liabd~w and PmP~ Coverage The insurer Shall agree to waive all;rights '6f:Subrogatior/ag~t the C .OOPEP.' .A...TIVE, member of its COOPERATIVE commission, boards, ¢o~m~mor~s and committees, officers, agents, empl°Ye~s and volUnteerS for I&~es ari~sing from activities and operations 0fContrac~or in the PerforCe of services under this Agreement. C.. All Coverag~ ...... ' :: ~'~ ~':'~ ~ ~ ' The Certific~ate of Insurance required by ~is Article ~:1.13 shall be e.n.dorsed to state that coverage shal!n°t be.su~ende~ ~¢ded, Car'~' eled~ reduced ~ coverage, ot in limits except after ~ (30) d~ys :prioi' written~fioti0e hastb~en given to the COOPERATIVE. If MOTOROLA, for any rea~on~ fails to maintain.insurance coverage~which is requ~' edpUrSuant to this Agreement, ~esame- Sh~l bed~emed? :ma,~,e~i~'al breach of contract. The cOOPEKATIVE, at its sole option, may t~rnmau~ ms Agresment and Obtain damages from MOTOROL~.resut!~g ~o~ smd breach. Alternatively, the COOPERATIVE may purchase such reqmred msursuce coverage (but has no special obligation to do ~o), and ~p~.~n notic~ to MOTdk0l and MOTOROL~s opportunit~ to e~e~ the. COOPERATIVE may deduct ~orri Sins d~e tO MOTOROLA any premium costs advanced by the COOPEIL~TIVE for'such insurance. . Verification of Coverage Conlractot shall furnish the COOPERATIVE with a Certificate of Insurance with endorsemerits affectin g cOVe rag · ;reqUired by ~s Clause. The. Certificate . and endorsements are tobe sigma, ed b~ a per~on authorized by that insurer to bma co,v,era .g,e on its'behalf. The Certificate'with endorsements is to be received and approvea ay me CoopERATIVE l~efore work commences. ~ Subcontractors MOTOROLA shall include each of its subcontractors as insureds under the Certificate of Insurance required herein. 21.14.5 Failure to Procure Insurance MOTOROLA's failure to procure and maintain the required insurance during the entire term of this AGREEMENT shall constitute a material breach of this AGREElVI~.N~.,' under: whie,h ~e COOPERATIVE may mediately terminate this AGREEMENT or, at ~ts ctmcreUun ana after written notice to MOTOROLA, procure & ~renew such insurance to protec, t the ~/t 7/00 40 COOPERATIVE 21.15 COOPERATIVE's interests and pay any and all premiums in connection ~herewith, and recover all monies so pal_d f~om MOTOROLA. ~ever c0~s~nt ~r.approvat of either.party ~ required, that pray shal}not unreasonably withhold or delay the granting of sdch cOnsent or approval. . Whenever consent or appr ~°val is required 9f the COOPERATIVE, each City is req~uired to make a decision for approval at the next available Council meeting Of each City m, obliga ons ofthe,pmiCs Whc , bY their, c n Ue beyond the term of . AGREEMENT, will SurviCe the te ~rninati0n of ttris AGREEMENT.. ' 21.17 Waivers No waiver by either party 9fany gro~sioas of,~.'~ AGREEMENT shall be deemed to be a Waiver 0f anY other provision hereof or of anYlsubsequent:breach by either patty of the same or any other provisions, Any~ waivers~hereunder mUSt be in writing and signed by the waiving party. 21.18 Time of Essence · Time is of the essence as t~ ea6h provision of this AGREEMENT which specifies a time within whichperformance is to occur In th~ absence of any specific t~me for performance, performance shall be compieted.within a rea~enable time. : ' 21.19 PromotionaiTours Ta protect the privacy, operalaona! effectiveness, and integrity of the cOOpERATIVE s use o the:SYSTEM, MOTOROI~A wiI1 ~e~ain ~rora aging or encouraging promotional publicity or Other visitS or telephone c~lls to the ~OmERATIVE except as SPecifically approved in advance by the COOPER~TIVE l~.ject c0°rdin~tor. 21.20 Product Substitutions with Article 14A Substitute equipment ~ miderstood that MOTOROLA may, m accordance forth in this AGREEMENT, or , shall not adversely affect physical of the SYSTEM, its components, or any other is,written AGREE_M]~NT between the parties that ' 3/17/00 41 COOPERATIVE 21.21 Non, Interference · s that certain work and services being provided by MOTOROLA LA a~knowledge ~ .... ' · areas being usedby _ with the du ' ~ ' ~ - . provided t~ be request to to the t any person ~ for and/or ~of shall vms-it disregarda co~urt the proprietary tO $/17/00 42 cooPERATIVE 21.24 Assignment of~ts operations or assign any oortiau ,~-~-, ~-- - , subcontract any v -- ......... pa~ ~ O~ t21e AGREENIENT · . . _ _art approval of the COOPE ER A 2-rv~,~ v ~ .... w~thout prior vau tten . ~ --- , cxceprasexpresslyagreedherein - . Unreasonably v~thhetd. , Whic~ approval w~tl not be rights on, me cuOPERATtVE Shall have the unlimited right to assign ali o'fits ,t or all deliverables specified for/n this the by the be and remedies 21.25 rhe to notice with MOTOROLA Books and Re%rds ~, u,~ma~ ACC ce · ( ) years : eptan , ali oooks ~ ' - other records or .... v~.~ .._~ -- .... ._. ; relating to the prowsmn of services, the erfo worK, or me tllrnls~g of eauiorn~n* ,~,~ . . p 1Tflatlce of long as such records are retainea *~,~ r~r~o~,, · ~,~ ~P .ents unaer tkis AGREEMENT. So ....... · -,~x,x ~ ~ ye, or its representative, shell here the right to respect the same, after five (5) days prior notice at o~-- ':--- ~- '· ,. , the' ' .. , o~,y uasm uurmg normal wormg hours at locations where such records.are kept m the normal course of business. This prov/sion shell not require . information.MOTOROLA to d~sclose its confidential, proprietary cost pricing data and 21.26 Applicable Laws .. , ppners, snail comp~ with all ~der~! ........... ors. oramances, rules, and regulations flrat ~2IV ~,~ -,,f~e~----'~'o~' aha ~ocal laws, statutes, 3/17/00 43 COOPERA~ IN WITNESS wHEREOF, the parties hereto have caused th~s AGREEMENT to be executed by Atte§t: By:__ · 3¸; CITY OF (Designate4 Authority) · ~v -~'pr°vcd as T6 Form: By:_ (City Attorney) CITy OF BoYNTON BEACH Attest: By:_ ' By: (De~signated ~uthority) Approved as To Form: By:- (Ci~orney) ~ t~ONTRACTS 3/17/00 MOTOROLA, INC. CooPERATIVE South Palm Beach Count~ Public Safety Communications ~ooperative 800 MHz AsTR(~ Digital SmartZone Trunked Radio SyStem Equipment List and Pricing Boca Raton Fixed Network Equipment total lees the Boca lees1 Boca Raton Fixed Netw~)rk and Subscriber EquipmentTotal Boynton Beach Fixed Network Equipment totat and associated services amount~ less the prorated apl3iicable system discount. Boynton Beach Subscriber Equipment total and aSSOCiated services amount, less the prorated applicable system discount: Boynton Beach Fixed Network and Subscriber EquipmentTotai $2,275,575.00 $2,293,147.00 $4,568,722.00 $1,440,147.00 $1,369.126.00 $2,809;273.00 Deiray Beach Fixed Network Equipment total and associated services amount, less the prorated applicable system discount. De ray Beach Subscriber Equipment total. and associated services amount, less the prorated applicable system discount. Delray Beach Fixed Network and Subscriber EquipmentTotai $1,705,449.00 $1,2684222.00 $2,973,671.00 Motorola. Inc. 2/18/00 Appendix A. Page 79 -A ROUGH ORDER OF MAGNITUDE SCHEDULE Notice to Proceed ' x Project Planning x ' ' Design Review x CCSI Staging x Bo'ca Main Site B ' x - : ,- ,- oca Satellite Site x Boca D spatch X DelrayBch. Main Site . r De ray Bch. Satellite x Delray Dispatch , ~ - · B0ynton Bch; MaimSite x Boy[zten Dispatch _ x , Forest Hill Prime Site x Training- . - , . x -' SUBSCRIBERS , Optimization-Testing x , r Coverage test ' ' x Fdnctionality test/30 days Final Acceptance NoteJ Schedule assumes customer and PBC sire'availability. Appendix D 3/10/00 Requested City Commission MeetingDates [] March 2L 2000 [] April 4, 2OOO [] April 18, 2000 [] May 2. 2000 IV-CONSENT AGENDA ITEM C.9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meefin~ Dates ] May 16. 2000 [] June 6. 2000 [] June 20. 2000 [] Julys. ooo Date F'mal Form Must be Turned in to City Clerk's Offie.~ May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Approve amended employment contract for William L. Bingbnm- Director of Fire and Emergency Medical Services (Fire Chief). EXPLANATION: Various amendments have been negotiated between the Fire Chie~ and the office of the City Manager. This is the first time this contract has been amended since it o~iginated on June 5, 1997. Changes are consistent with benefits provided to other contract employees hired since June 5, 1997. PROGRAM IMPACT: The ability to occasionally review andupdate individual contracts is consistent with the City's philosophy regarding performance- related rewards and retention of a quality workforce. FISCAL IMPACT: The most significant fiscal impact is related to severance and severance-associated leave. ALTERNATIVES: Do not approve ,a~n~d~mpioyment contract. Department Hea~Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~,BULLETLN~ORMS~AGENDA ITEM REQUEST FORM.DOC IV. CONSENTAGENDA C. 10 RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OFTHE ClTY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION 85-777, SECTION 2~E. AND SECT[ON 2.F., WHICH WILL PROVIDE FOR CLARIFICA'r/ON OF COMPOS1-f[ON OF TRUSTEES OF THE EMPLOYEES' PENSION PLAN FOR THE CITY OF BOYNTON BEACH, AND-PROVIDING AN EFFECTIVE DATE. WHEREAS,, Section 18~55:.of-~the codifiedCode of Ordinances of the City of Boynton Beach, .~orida.Pr0vides that the '~Board of Trustees"~ "Board" or "Trustees" shall be construed to mean the members of the City Commission unless the City Commission, by resolution, designates additional or substitute individuals to perform the duties and functions of such Boardof Trustees; and WHEREAS, the City Commission desires to alter the composition for the Board of Trustees; NOW, THEREFOREf BE iT RESOLVED BY THE CZTY COMt41SSION OF rilE CITY O1~ BOYNTON BEACHf FLOR~DA~ THAT: Section 1. The City Commission of the City of Boynton Beach, Flodda, Jpon recommendation of staff, hereby directs that Resolution 85-777, Section 2.E., s hereby amended by adding the words and figures in underlined type, and by ~eleting the words and figures in struck-through type, as follows: Section 2. That the composition and terms of the seven members of the Board of Trustees of the Employees' Pension Plan of the City of Boynton Beach are hereby established as follows: A. The Mayor ... E. One member in Qb/ Pay Grades 15 thru 22, nominated by members in Grades 15 thru 22, elected in December, 1985 for a term to end in March 1987, with subsequent replacements from~'-~ ...... 15 ................ ~ ............ 22, the qeneral membership of tho general employees pension. I~lan, pmvided.themember, s a member or a barqainin(~unit'.oftheCJty,.O?Boynton:Beach, elected.toa three year term with the election' being at large.~by all members of the Pension Plan. F. One member in Qb/'Pay Grades 23 thru 39, nominated by members in Grades 23' thru 39, elected in December, 1985 for a term to end in March, 1988 with subsequent replacements from C."~dc: 23- membership of the qeneral employees' pension Plan, provided that th~. member is not a member of ta barqaininq unit. of.the City of Boynto~ Beach, elected.to a three year term with [he election being at Large by I all members of the Pension Plan. ~ That all other provisions, of Resolution No., 85-777, not herein amended, shall remain in full force and effect. ~ That this Resolution shall become effective immediately upon PASSED AND ADOPTED this City Clerk ~orporate Seal) ca\reso~greement~\GenPension Amd- Board of Trustee Con day of March, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner Requested Cily Coramission Meeting Dates March 21, 2000 [] April 4. 2000 [] April 18, 2000 [] May 2. 2000 NATURE OF AGENDA ITEM IV-CONSENT AGENDA ITEM D.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOl v Date Final Form Must be Turned in to City Clerk's Office March 8, 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) April5. 2000 (5:00 p.m.) April 19, 2000 (5:00 p.m.I [] Administrative [] Consent Agenda [] Public Hearing [] Bids Requested City Commission Date Final Form Must be Turned Meetin~ Dales in to City Clerk's Office [] May 16. 2000 May 3, 2000 (5:00 p.m [] June 6. 2000 May 17, 2000 (5:00 p.m.) [] lune20, 2000 June 7, 2000 (5:00 p.m.) [] July 5, 2000 June 21, 2000 (5:00 p.m.) [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Please place the request below on the March 21, 2000 City Commission Agenda under Consent - Ratification of Planning and Development Board action. The Planning and Development board with a unanimous vote, - recommended approval subject to all staffcommants. For ~ather details pe~g to this request see attached Department of Development Memorandum No. PZ 00-061 EXPLANATION: PROJECT ~TON INN -QUANTUM PARK AGENT: Richard Carlson. Jr.. Esq. OWNER: North Boyntun Hospitality, Limited LOCATION: 1475 West Gateway Boulevard DESCRIPTION: Request for major site plan modification to expand the existing hotel by 54 rooms, to a total of 161 rooms or-a total of 103, 993 square feet, and related site improvements. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Depaffment of l~evelopmem'D~rector / It/.~ ' City Mah~t~er's Signature Planning and Z~'l~'~g Director City Attorney / Finance / Human Resources 6.A~1 HAMPTON INN QUANTUM PARK MAJOR SITE PLAN MODIFICATION DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-061 SITE PLAN REVIEW STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION March 8, 2000 DESCRIPTION OF PROJECT Project Name: Hampton Inn Property Owner: Applicant/Agent: North Boynton Beach Hospitality, LTD. Richard W. Carlson; Jr.. Esq. Location: File No.: i~¢75 West Gateway Blvd. Boynton Beach, FL 33426 Lot 1 and a portion of Lot 2, Quantum Park PID MSPM 004)01 Land Use Plan Designatiom Industrial (I) Zoning Designation: Planned Industrial Development, (PID) Type of Use: Hotel Number of Rooms: Existing 107 Proposed 54 TOTAL 161 Square Footage: Site Area: Building Area: 155,799.6 square feet (3.57 acres) 103,993 square feet Surrounding Land: uses and Zoning District: (see Exhibit "A" - Location Map) North - Remainder of Quantum Park Lot 2. vacant, zoned PID South - N.W. 22< Avenue (Gateway Blvd.). Farther south is Motorola, zoned PID East - Lot 1-A. zoned PID and the Lake Worth Drainage District E-4 Canal. Farther east is office Lot 21, zoned PID West - Water Management Tract "A". Farther west is Shoppes of Boymon Shopping Center, zoned C-3 Page 2 Site Plan Review Staff Report Memorandum I~00-061 Hampton Inn Quantum Park Existing Site Characteristics: Lot 1 is currently a devetbped, 3.57-acre parcel. The development consists of an existing Hampton Inn 107 room hotel and The Original Pancake House restaurant on an ~utpar,~l (Lot i-A). To the south of the site aloh~ the GateWay Boulevard right-of-way line, is a row of street trees and a 15_~.+ foot wide maintained grass area which provides some screening for the adjacen~ uses Proposed Development: The developer is proposing ~ feet, expansion is proposed tO extend on t, will site limit of 400 hotel i hotel rooms would be PID. Concurrency: a. Traffic- Overall PID traffic concurrency was addressed, when the Quantum Park PID was master planned. A comprehensive traffic study was evaluated:by the Palm'Bea~h County (PBC) Traffic Division prior to master plan appmyal, It was determined that 63,752 maximum trips would be permitted within tlxei~ Park:Pm. · The PBC Traffic Division approved a traffic statement for!the existing~ 107 room Hampton Inn. A revised traffic study showing an increas~ in square footage and rooms was not submitted for approval and written confmg~ ation has not been received from Palm Beach County regarding the appro~l ~of the increased traffic rates 'i~he written verification of Pall Beach~County T/-affic Division's acceptance of the new trip generations; as well as 'cOmpliance with traffic performance standards, shall be a condition of approval. b. Drainage - Conceptual drainage informaUon wa~ pro~ided for themtyfs revle . The c~ty s concurrency ordinance requires drainage cendication at time of site plan approval. The Engineering Division is recommending that the review,of specific ~drainage solutions be deferred to time of permit review, Driveways: Existing on-site traffic circulation consists of a 27-foo! wide, loop drive aisle with ~wo access pOints on Gateway BouleVard. Guests;' e~pioyees an~t restaurant patrons cu~enfly use both entrances. The existing vet~icuiar USe ~ea provides parking areas containh~gta combination of 9 f~t~by ,1~ fee/(9'xi6 ) and 9 feet by 18 feet (9'x18') spaces. An additioiaal 27-foot ~ide dr~v~ with similar parking stalls is planned for the hotel expansion. All e~sting paved areas will remain as approved and constructed. Parking Facility: There are 115 parking spaces eXisting on site. ~e additional parking area will increase the,~totai parkipg coun~,ito 179 spaCes~, !~lizd!ng three (3) new 'spaces designated as handicapped aceesgible for a to~l~f eight (8). Spaces for employees and ~uests are included in thb total. The insti~te Of Traffic Engineers (ITE) 6~ Page 3 Site Plan Review Staff Report Memorandum #00-061 Hampton Inn Quantum Park Edition Manual was utilized in determining the parking requirements for the existing hotel use. It was felt to be a preferable methodology over the city's standard for industrial uses Which are Solely based on employees and an estimate of visitors (to be determined by the petitioner). If seven (7) spaces are allocated to employees (using the city's standard of 1 5 S · t~,~-~ per z employees ana assuming 9 employees), !66 spaces wilt remain for guests ITE Inn, 7ields~a The sa minimum :oom. The i above that required surplus spaces Landscaping: The landscaping Of the site will fully meet the code reouiremen · , ~ ,.~ tS wh~,n.staff comments are incorp0med. The development will b~ provided ~x,Sth ~ae required amount of perimeter landscaping. · Building and Site Regulations: .Building and site rog ,.~tio~ will fully :meet code when staff commen~s are mcorp0rated into the permit drawings. Community Des/gn Plan: The proposed building faqade for the new addition,.as viewed fr0mGateway Boui~vard, is archite6~urally compatible with the existing hotel b~i~ding. The building addition will receive surface treatmentS, materials and colors similar [o the existing srmcmr~e, Qnantmn Park's Architectural Review Commiaee reviewed the plans for the ho:tel hdditlon and verification of approval was r~c~ived on February 10, 2000~ Signage: A project sign plan was approved during review of the original hoteI building. The plans for the proposed addition did'nor include additional site signage. The applicant was informed prior to the submittal, that if they were p ,l,3naing for additional signs, sign details must be submitted and reviewed as a sign plan amendment. A condition of approval would include meeting architectural requirements of the Quantum Pa~k approved sign plan RECOMMENDATION: The Planning and Z,,on!,ng Division recommends approval of this site plan request, subject ro the comments included in Exhibit C - Condkions of Approval. The Technical Review Committee (TRG} recommends that the deficiencies identified in this exhibit be corrected _on the set of plans submitted for b~tilding permit. xc: Central File l:\ S HRDATA\plannmg\SHARED\WI~PROJ ECTS\QUAN/TRVl 2000'J-Iampton Inn MSPM 00-001\Sita plan staff report Hampton Irm doc NO~ I IT¥ PlO coMr~E ANTUM 13AFIK] '0 400, '800 FEET X m ITl X ~ / O Ge°rge F- White ^.L~ a"d ~x~'t'~ h: C~ I- :r- ~, ~ fi~orge, F. White rtl X EXHIBIT "C" Conditions of Approval Project name: HAMPTON INN - QUANTUM PARK File number: MSPM 00-001 Reference: 2nd Review File # MSPM 00-001 witka February 22,2000 Planning DEPARTMENTS PuBuc~Om~s~ : entsi NONE mni ' · Co 2. Co~ ~ ~! e, be used f~ ~igafi~ Whe~ o~r ~ces: 3. A~  bi H~} e~ ~ts ~l,be requ~ed f~ ~e waer ~d ~w~ sys~ms~ 5 ~]¢ POLICE ENG~F~G DI~SiON ~ Lot 2 w~ le~ 6. Co sA & aUni~ofTit 7. ~y~.[;op~ation:qhall, r~quire ~ excavafio~fill_ ~mit. Page 2 Hampton Inn - Quanm_m Park File No.: MSPM 00-001 DEPARTMENTS INCLUDE REJECT BUILDING Comments: 8. Add a symbol to the site plan drawings (SP- 1 anti SP-2) that represeats the X perimeter limits of constructions for the proposed'new wdrk. 9. Show and label the handicap accessible entrance doors on the drawing X en ried 1st noor plan. The lo a ion of ; ces iUe eaeance doors shall match those that are shown on the site plan. , 10. Add a Jabeled sYmbol to the ~ite plan drawing (S~l). The symbol shall represent and deline ~am ~e path of ¢~ve! of~e a4C~ssible route that is X recluired, ~ between th~ new hc;cessibl~ pkrl~ing"~pac'¢~ and the accessible entran,ce, door· to the buildin, g. deafi~I ' on the plan. the width of the accesgjble route (Note: ,The minimum~width req~ed by the code is forty- four (44) inches). Add text that wo~d}indicate ~t the sYmb61 represents the accessible route.and the ron~e is ide~ign~d in c6~ptiarme With Section 4 3 (Accessible Route) and 4.6 (parkin~ a~d Pii~seng~,~:~oading Zones) of the Florida Accessibility Code f0f Baiiding ~n~tmcri6n. The sYmbol represents the location of the patli o~trave], not th~';hScati0n 0fthe detectable w.ammg or o~er pavement marking,srequired to ~.~sta~..lcd along the:path. Please note at the time of permi~i'egi?~ the ~PPlieant §hall provide detailed documentation on th~ plans verifyin~ ~ai!~lae *ee~s~bie mute in compliance · with.the regulations ~pecified in ~the ,F'16ri~a ~Ac ces*ibility'Code for Building Construction. 1 t. The number of new acces§ibl¢ parking ~pas~s/:ha;;! ~ sho~ on site plan X se- 1 does not match.the number sh0~¢o~t ~ite pl ~a~~'SP-2. The number shown on both plans shall match; , 12. Within the site data found on both shee~s rifled site nlan ideati~ the proposed fimsh floor elevwaon of the I~fi~'lng (lo~ floor elevation). Verify that the prop(~sed elevatior[ c0~Pli~s~ wi~h ~[at[°ns of the code by adding specifications and notes to the ~e~.~ad~sing )&e following a.) From the FIRM map, identify the fl0e ofth~ fl9~4 zone :the building is located within. Wherea~l~cable, sp&ify~6~efloO~aelevation. If there is no base flood elevation, indicate this ~e plans b.) As the design professionalXof-record f01'the pr¢./ect, state that the proposed floor elevation is above the highest I~(ear base flood elevation applicable to the bt~ilding site~ a~ data'in,ed by the South Florida Water Management District!s s~rfag¢ ~ter management construction develop ment regulations . [ Sectio~l 3107 .1.2 Chap er31 oft the Boynton Beach amendgaeats'to the 1997 ed~tign of the Standard Building Code] ~ Page 3 Hampton Inn - Quantum Park FileNo.: MSPM 00-001 ' UDE DEPA~RTMENTS INCL REJECT o:) .... Identify-the-floor elevation the design ,~.~ofessipnal hasestablished for ....... ~tl~ no~ bui~ithin the footprint r~the b~ildi~g Sh0wing on the site v~aris~ 1gt fl~r 61an and civil plan Also, identify t~e finish ~10or · , elevatto,nofth~ ex!sung:building ................ 13. On sit0 plan (SP-2), !abel the symbol that ~pr~sent~ the loeati~h 6~the X 15 Addtothesi~e'plan~$P-i)allth~easements~,t.~h~at~;;~;~na%~Y, ~ on themte plan 7Wlli~re apvh~'ah%, am~hd the~J, ans~,.s_o,~:~s ',,f~.',~res do not ~k~roach into anieaseme~t , .. ;'.:i . -" 16 Identif~ on both, dra~ rags ~hg ~;~g~{s~: te p] m~.~e ~i gt~e .X appurfenances that ~ attacl~L'd ~ ~g~ ~ g ~ overh~ gs, covered ~alkways~:c ~}p.l, es. ~y ~ xe setba~ sha~l comply <~ satin ~ [e~u ~ ?~,t~ Code. ffdenufy wheiher thg~l ~ ~ ng Is 17 At the~t~m¢ of permit submlttal,~r;ovlde~a~complet~!;.at!~d: ~'4eeuted C~ty X Unity ~f Title form }~'he form s~.~,, desg,~lib~ ~ !~t§, p~l~szg[ ~racls combined ~ one lo[~ A copy o5~,mc¢~{;~~ 9~belng unifie~ ~ requked tr process~ fora: ;E~qU r~a~a~¢~]~al:¢~lude a ~ revxe~. ~e pe~,t ~ee, water ~ ge~{~fi!~~ ~ 20 P~iB ~e require~{~o mnsm~, ~}~y~}sg~Pn th~ ~provea X - site - Pemlt a hcmion fores.me a~,m ~a~guila~ Dwmmn of the ~lo~ant D~em. ~ pemil'l~ho~klil[is avamme m p~S~C~A~ON ~ ~,~ ~ ~,~ ~ ~ Cnmmen~: NO~ '~ ~ ' Page 4 Hampton Inn - Quantum Park File No.: MSPM 00-001 DEPARTMENTS INCLUDE REJECt' FORE ~ TER/ENVIRONMENTALiS T Comments: NONE PLANNING AND ZONTNG Comments: The following comments relate to the requirements in Chapter 4 ' - Site Plan Review 21. Provide a current survey of the adjacent property (Lot 1) showing the X onnect~on between the ex~stmg bmtdmg and the add~txon, a portxon of which is located on Lot 1 22. Provide a north arrow on the site plan sheet SP-2. ~ . X 23. Indicate on the elevation drawings the building coiors and materials to be X used. ~ 24. Indicate the dimension of tile setback from the wes~t property line. X 25. Indicate and label the location of the sidewalk on ~jte plan sheets SP-t and X SP-2. 26. Indicate and label the location of the site lighting on the site plan and landscape plan. Provide a site lighting detail with the height dimension. X 27.'Provide a colored elevation drawing showing all elbvatinns of the building for the Planning and Development Board Meeting. X 28. Indicate on the landscape plan the method of irrigation and the source of X water to be used on site. The following comments relate to the requirements of Chapter 23 - ParMng Lots ' 29. Provide a diraension for the parking lot drive aisle width on the site plan. X 30. Provide a detail of the required handicapped parkin~ sign. X 31. The proposed building addition must match the character and design of the X existing building. Indicate this on the elevation drawings. (Chapter. 9, Sec. 2) / 32. Additional signs were not submitted for approval v~ith this site plan. Signs X must meet the requirements of Chapter 23. ADDITIONAL PLANNING AND DEVELOPMENT ~ONDITIONS X 33. NONE + X ADDITIONAL CITY COMMISSION CONDITIONS 34. To be determined I Page 5 Hampton Inn - Quantum Park File No.: MSPM00-001 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Hampton Inn- Quantum Park APPLICANT'S AGENT: Richard W. Carlson, Esquire APPLICANT'S ADDRESS: - 1475 West Gateway Boulevard DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 21. 2000 TYPE OF RELIEF SOUGHT: Major Site Plan Modification LOCATION OF PROPERTY: 1475 West Gateway Boulevard in Quantum Park DRAWING(S): SEE EXHIBIT ~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 MA'FI'ER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of headng stated above. The City Commission having cons dered the relief sought by the appl cant 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 X 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 kC" with notation ~lncluded". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D.2 AGENDA ITEM REQUEST FOI , Requested City Commission Meeting Dates [] March21, 2000 [] April 4. 2000 [] April 18,2000 [] May 2. 2000 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office March 8, 2000 (5:00 pan.) March22, 2000 (5:00 p.m.) April 5, 2000 (5:00 pan.) April 19, 2000 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids ] Announcement Requested City Commission Meetiu~ Dates [] May 16,2000 [] June 6. 2000 [] June 20, 2000 [~ July 5, 2000 Date Final Form Must be rttmed in m City Clerk's Office May 3, 2000 (5:00 pan3 Ma3~ 17, 2000 (5:00 p.m.) June 7_ 2000 (5:00 p~m.) June 21, 2000 (5:00 p.m.) [] Development Plans [] New Business [] Leg [] Unfinished Business [] Presentation RECOMMENDATION: Please place the request below on the March 21, 2000 City Commission genda under Conse Ratification of Planning and Development Board action. The Plannin~ an~ Devel ......... ~ - ne- recommended approval subject to all o*o~ ........ - ~ _, . ~, upm~m eoara wlta a unannnous vote, of Development Memorandum No PZ 00 059 p rtammg to th~s request ~ee attached Department EXPLANATION: PROJECT AGENT: OWNER: LOCATION: POLY PLASTIC PACKAGING, [NC Robert E. Fetrow, Gator Engineering Poly Plastic Packaging, Inc. 510 East Industrial Avenue DESCRIPTION: Request for major site plan modification m expand the existing industrial facility by 11,503 square feet, to a total of 26,7 l 1 square feet and related site improvements. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~ ~/~D~/~V~ ~i6-pme~t~Dfi'ectOr Planning and Zonin~D~rector City Manager's Signature City Attorney / Finance / Human Resources POLY PLASTIC PACKAGING NEW SITE PLAN: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-059 SITE PLAN REVIEW STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION March 9, 2000 DESCRIPTION OF PROJECT Project Name: Property Owner: Applicant/Agent: Location: FileNo.: Land Use Plan Designation: Zoning Designation: Proposed use: Number of Rooms: Poly Plastic Packaging Poly Plastic Packaging COmpany, Inc. Robert Fetrow, Gator Engineering Services, Inc. 510 East Industrial Avenue in the Boynton Industrial Park MSPM 00-002 Industrial (I) M~I Industrial District Manufacturing (processing of plastic film to pdnt bags for packaging) and warehousing N/A Square Footage: Site Area: 6,054 square feet (1.75 acres) Building Area: EXISTING: Manufacturing ~ 8,066 square feet Warehousing . 7,142 square feet Office - 0 square feet*/ _TOTAL EXISTING -15,208 square fee', ADDITION: Manufacturing _ 6,000 square feet Warehousing . 3,931 square feet Office - 1,407 square feet TOTAL ADDITION ~11,338 square fee~ TOTAL: Manufacturing ~ 14;066 square feet Warehousing . 11,073 square feet Office - 1,407 square feet TOTAL BUILDING AREA -26,546 square fee} */The existing 822 square footage office area will be removed as part of the demolition plan. Page 2 Memorandum #00-059 Surrounding land uses and Zoning District: Existing Site Characteristics: Proposed Development: (see Exhibit "A" - Location Map~i North - An unidentified multi-tenant warehousing facility, zoned M-1 South - Stor-AII storage fac lity (under construct on) zoned M-1 East - Seaboard Airline Ra Iread Row? far~her east Interstate 95 ROW West - East Industr al Avenue farther west car a~,d tru~l( repaJc and other repair service facilit~S~i~!~rvfcesi Jim Brady Mobfl Sel;vlc~ and TrUck Repa r Honda - Acura Whittack~er '~ruC~ ~epai:r~),.zq.n. ed M;1 The currently being a one-sto~ wareho[ south by each side. buildin metal tanks on a There are properbJ is el the property .line at I :. There is palms, The owner is proposing to add manufacturing, storage and office space to the existing facile, n compliance with Chapter 2, Section 8.A.3, of Land Development Recjulafions, the ntensi~cation of the existipg use required the complet On of the Environmental Revi~w~ prioress (ER ~'il~ ~10. 00-001), which s underWay, T0 complete the pm~;e~S and ~bt~n the Env ronmental review permit, the applicant mdst Comply with conditions specified in respective documents issued by th;e Bt~ Iding Division and :Fire Department, to u t mately'ehs~re that the types ~and ~v01umes of hazardous materials handled 0n;site ~i:e consistent With all ~pplicable codes. Concurrency: a. Traffic- A traffic study for the project has been Submitted; Prior to final approval, staff must :ra~eive confirmafibn' from Palm Beach County's Traffic Division regarding standards compliance. b. Drainage - Co.n, ceptual drainage ~nformatlon was provided for the city s rewew. Th city s concurrency ordinance:requires drainage certification at time of site plan approval The Engineerir~g DiVisi0n'is re;:;ommending that the review of specific drainage solutions be deferred to time of permit review, when more complete engineering documents are required Page 3 Memorandum #00-059 D'riYeways: On-site traffic circu ation wiil'cons st of two (2) entry drive ais es with aocess to East industrial A~enue. T~e south drive a s e is ~7 feet wide, and the ~orth dd~e aisle i~ 2.9 feet wide The pro o provide parkin are . _. . . p sed vehicu ar use · ~ ~ ~ . g , as Containing [he re.u;.~. "=~ree a~e) and ~o (2) I~adi~;~".~'u~°Y 3~7~°ot spaces (a at manumctudng/stomge,~dition ~ ~au~ on me soum s/de of the Parking Facili~: Required parking is calculated to be 49 spaces, based on square footage of the proposed uses. ~he.s/~anmeetS th~ mqu~rbment There are currency 30 parking spa~e~.~ the pt0 e . ~ngmg the tota proPOSed, n,,~--: -- p ~Y and 19 spa~s wil be ad '~ ' " ' ~' -u"'~'~rPar~ng~spac~t~ 49. in~luding~d' ees~gnated as handmapped_ aC~ss/b~e. ' Landscaping: The landS~p~g of the s~te ~1 fully meet C commen~ are in - ~ o~ mqu/re~e , ,, ~ corporated, ~ ts When s~aff ex~s~ tr ~ ~ , · , mee~alla g '.e~s and palms , . PP ble~tandards t - . ~,l be em~dan Several ~e e~stm M h - d rep aced th · , , g a oganytree,wll" w~ new treesa .: ~ . - ~e retocat . .: , nd needed for ~he p[opos~ ~i/i~n. ed on the s~te~[o provide Space Building and Site Regulations: Build[n~;~ds[te: ~,~ ~ . regulations wiJ~fUlly meet c · c~e~,~m mce~o[~d '~mt~e ~:' ' __ ~ ~de.~.mqu~rements when staff Communi~ Design Plan: The pmpo~ additJOn~ ~ave b~n;designed to be comPafibh ~ with the of mdU,da[ ~?,ehouse ':e ~j~i:ff~e treatments and ~, will ~ t~ical ' ,,*~ , ties. The s~e t~eated ~tb,a gre~, canod~ Ge~..,,_ ,..~ed a~?nd~ ~ws Will be Signage: No freestaqding o[ wall ~Jgns are propose - ,s pr~pgse~~ a separate s~i~o, ,~:~_ ~ at ~h,s point. ~e~ the signage required. . ......... ~ u~u ~iannmg and Zoning [ )iv/s/on will be RECOMMENDATION: S~aff recommends [hat this request be a C~nditions of ADDrov=I ~- ~ - pproved subject to the ........ . ~dbfic e~- ,,_L~; '7:' -.u ~ ecnnJcal Review Com~ ,~-,,-~n[s ~nclue~ in Exhib t ~ .... ~ ,~-[meo ~n .this exhibit be Corr~ted o- ;~'["~,[~) recommends that the - . u~ se[ or pJa~s submitted for ~, .~=-- · xc: Cen~l File ~-,,~,-B permit. LOCATION MAP POLY PLASTIC ~Ul:] X EXHIBIT "C" Conditions of A~proval Project name: POLY PLASTIC PACKAGING number' MSPM 00-002 000 File · - ......... ~:n~ation File # MSPM 00-002 with a Febmar~ 22, 2 . Reference. 2nd Rew , ! P lannin and Zonin D artment date sham mar . .: . ' . X rectified and operation from Fire Marshal X X Industrial Avenue within the limits of thick section through the driveways. [LDR Chapter obtain sidewalk wmver. length provided of 307 ft. is not correct. X X record- for the project state, ~ site elevation is the above the highest 100-year base X Page 2 Poly Plastic Packaging File No.: MSPM 00-002 ,~aenoments to the 1907 ~n.~:. o -.' ' ' ,,l~ter ~ x o5 the .... mon otthe Standard Building Compliance with the regulatmns of the Ftonda A Build/ho Con~,,,~*~^- ~ · ccessibility Code fn. to, '* ~'.~'~,. ,ne aocmemation shall inelade, ~ut not-C;~ited finish, wld~. ~e of surface e in the Building PARKs FORE S TER/ENVIRoN1VIENTALi ST Comments: NONE PLANNING AND ZONING Commears: 12. Clarify what part of the building is existing and what part ~s proposed on the site plan, including square footage calculation. There is an inconsistency in square footage figures for the proposed addition between the figure provided on the revised site plan (11,338 sq. ft.), the figure ~n which the traffic study is based (11,652 sq, ft.), and the numbers for the existing square footage of manufacturing, Warehousing and office provided in Environmental Review Permit (and those of 1993 Environmental X Page 3 Poly Plastic Packaging FileNo.: MsPM 00-002 REJECT 13. the 17. Indicate 7.5, 1 $. Provide a 5 Indugma] waivers. ADDITIONAL To be determined. sHRD AT 3.~pLANNiN(~SHARED\Vq PkPRO IECTS~LY 17~ p~A~KA;GINGXl ST I~E'qlEW CO~S'DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Poly Plastic Packaging, Inc. APPLICANT'S AGENT: Robed Fetrow, Gator Engineering APPLICANT'S ADDRESS: 510 East Industrial Avenue DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 21, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 510 East Industrial Avenue in Boynton industrial Park DRAWl NG(S): SEE EXHIBIT "B" ATTACHED HERETO. x THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appeanng on the Consent Agenda on the date above. The City Commission hereby adopts the fi~dings 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 Boynto~ Beach, Florida on the date of headng 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 X 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 b, nd supported by substantial competent evidence are as set forth on Exhibit "C" with notation qncluded'. The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk Requested City Commission _l~meting'Dates [] March 21, 2000 [] April 4, 2000 [] April 18,2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned into City Clerk's Offic~ March 8, 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.] April 5, 2000 (5:00 p.m.) April I9, 2000 (5:00 p.m.) Requested City Commission Meetin{[ Dates [] May 16, 2000 [] Ju 6, 2000 [] June 20, 2000 [] luly 5,2000 ~/-CONSENT AGENDA ZTEM E Datetinal Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m3 May 17, 2000 (5:00 p.m3 June 7, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.} NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing ~ Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve Task Order #30 with CH2M Hill Utility General Engineering Consultant, for design services of fluoridation feed systems for both of the Water Treatment Plants. EXPLANATION: The City Commission voted to fluoridate the City's Water System. This requires engineered drawings and permitting. The Florida Fluoridation Project may provide grants for this work ~o include en~ineerin fees payable after 80% of design completion. ~ g PROGRAM IMPACT: Fluoridation feed equipment will Publicly bid in approximately ftve months. FISCAL IMPACT: $24,700 from Utility Reserve Account #403-5000-590.96-01. We expect significant reimbursement from gra?s...~ ALTERNATIVES: Do ~this project. Utilities Department Department Name  /i{y Manager's Signature City Attorney / Finance / Human Resources S :~B ULLETINWORMSL~.GENDA ITEM REQUEST FORM.DOC MEMORANDUM UTILITIES DEPARTMENT NO. 00-0054 FROM: DATE: SUBJECT: TO: ':. :;$u*:~:: . City Clerk Di~CtOr of Utilities t.t ~- February 29, 2000 T~k O~r 930 for Design ~d Pemi~ Se~ic~ of Fluoride Feed ~uipment On J~ 26;2~00,;~e.Ci* ~mssi°n ~mmous¢ void to fluoridate ~e ~i,'s ~g water system. ~ r~{ueS[~ ~ UtiliW En~neefing Consulm~ .CH2M Hffi to develop a o~er for ~e e~e~g d~si~ pemi~ing, ~d ~Si~t~ce ~ grin application for ~s ~ addifionfl proces~ to be i~ed g bo~ of ~e wmer Rea~em pl~ts. ~e ~o~t of~ ra~ ~r ~.$24,700 ~d ~11 be ~ded ~om ~ Utili, R~y~e ) g403-5000-590;g&01 After ~e desi~ is appro~mmely 80go complete, we ~I apply ro me State Dep~ ?,[~e~ f~r~a ~t.~o~ ~e Florida Fl~fidafi0n ~oject-ms proem states, "~o ~ ~e~eq~)o add~flu~e to ~em ~a!~ ~y be provi~E~ ~ ~ for.~ necess~ fluon~6n eq~t, rust,la, on costs, en~ee~g fees ~d chem~cm costs mr ye~s." We eXpect ~e~d~si~n ~d;pe~ia~ ph~e 0f:~s;:project~m t~e fo~ m five monks. After ~e pe~it is approved, we ~11 publicly bid ~e equipment ~d inst~lafion. ml~e present ~s Ta~.0rdCr ~ the ~omo~ $~4,70~t~ ~e CiW ~io~ ~[ ~t~ili* Engineering Com~mt CH2M ~11 ~ design ~e fluoridation sy~em ~or yom m om ~ea~ent pl~ts. ~acl cc: John Ouidry Dale Sugerman Bob Kenyon Barbara Conboy File Task Order No. 30 February 28, 2000 Feed, System for the Cityof Boynton BeaCh, East and West Water Treatment Plants Background fluoridation systems at both Of their WTPs. The most commonly used chemicals For fluoridation of potable water are: · Sodium fluoride · Sodiumsilicbfluoride · Hydrofluosilicic acid · YarYP. ~tmosmae acta is n0rmally supplied as a 25% solution. Each ~ ~qun'eme.ms ~socnarea wire oxy cnemical systems, hydrofluosilicic ac~t is the most common'cberrdcal uSed Therefore, it has been assumed' that h--a-~a----n-'-~ o~ce ~or me '~z .t.ty os r~oynton Beach. end~tt:zs the basis for this Task Order. A .t3??a~uodd. e sy~te~ ~ Floridaconf~ts o~hulk Storage tanks with liquid spin ~e~tea~U~ ~e~,.t ~m~.~ ~a~s_ fe.r,p~T~ps _o~ a..~.:i~u, td~grs, along with a day-~ank and chemical %~. ~.~m~m ~[s. ~e ~apt~ ~a f~ ~oom a~ vented to ou~id~ and ~ve spin co~tammen[. ~ite bulk s~orage tai~uks generally provide lower chemical costs and reqmre less cheniica~handlin§, 300~gallon tote ~anks may also be an option. Sys. te. mi:?n, tr~ n~lly mcl!.tdes flOW.prOportionaI consol for the meterin, ~pumps and a wmgttt scale tot tlxe ~y:tank. The fluoride is.usUally irtiected i,~,,~ m-; U . . ~ r ~, ........... .~d-water just ps.tre~ 9~. the clearwe~, to maintain a (t~s~j~ed: concentration. SCADA svsb 'rn integration can be incorporated :t0.al/0w control and ~oni[~i-ing ~ron~ the ,~id o,~,~-~l :oom at each respective WTP (not inclffded in this'Ta~c::~)rd~r). R~gula~ labo~;a~to~'r~anal~ "~5: is isneeded monitor fluoride levels inthe finished water. Online analysis (ff desired) caz also be used to supplement laboratory analysis The City of Boynto. n B. each has requested that CI-J2~M. HILL provide eng~eering services for the design of ~ flUoride feed systein for both of the City's W~s The fl[lori~a.tion systems shah be sized ~o~ exisling Capacity but shall b~ designed }o facilitate future ~xpansions. The PROJECTS/BOYNTON BEACH RMP/WOR D/FLUORIDEFrC).DOC City has also requested the services of CH2M HILL to assist in application for a State grant for installation of the fluoridation systems. The CH2M HILL (the "Consultant") are to Scepe of Services the the project4 including; poss~l~ · equipment and ' tO meeting will Task'2 4 Rnal O~]~n' SerViCes . ......... , e d s co~bon~wffi be shown as r ~ : ~ .... ~ ~ ~d to mcl~e "- * ~ ~ '~ ~ ': ..... ~ 1 me cai, ele~cal> and con~o~. apptox~ateiy 5 t0 ~ sheets eove~g ClVlI, s~k~a Final design work will include the following subtasks: 1. Pr°visi°n °f a 90 percent design submittal (6 copies of documents) utillzing the design - 90 percent design drawings (11 x 17 copies) 2. Conduct of a90 percent x~view meeting,with City staff, and preparation and distribution of a wrkten summary of the meeting and decisions rendered. The approved written docura~nts · induide: Three se~ of final (100 percent) 11 X t7 drawings. Estimated Tolal Project Cost 2. CH2~ HILL wil~ prepare a response to three "requests for additional information" made 15y a regulatory agency following s, ubmittaI Of the permit applications. Task 4-Grant Application The Consu~,,t,~ t mil!, }~repare and su~bmit a Grant application to the Florida De artment of nv~ronmen,tal Protection (FDEP) and prepare resvonses to auestions One ~n FDEP , ,. ~.. : .... · eeting with the Grant program ts anticipated. Obligations 0t the City The City w, ilt provid? available information that will assist the Consultant in completing the tasks idenfii:ied, ir{cl{Yxiing but not limited to the following: Provide payment for all regulatory agency permit fees associated with the project. (Note: Building permit fees are to be paid by the construction Contractor.) point of contact for HILL for a~g~ · ~ ...... ~g~olvin cla~,;liffgation, a~d Other contro~e, .rS3f~ ~O~fion wi~ ~ ro'~t ~ su~ ac~on m~ca~d bv c~c~mces~eY~d ~ , ~ consol. ~ ma~ ~ ~e ~0~fi°n Con~actor, ~d o~er~. ....... , ..... , ~,~ of ~e ho~ontal or ~erficai loca~on of u~lifies id~ed as berg ~ co, ct of ~e proposed facffi~es, : .~ ~ Development of s~ey~g ~om~on necessa~ t9 locate eq~pm~t~ .. . ~d fac~es. Pr~ara~on o~ pemt applica~o~ ~ a~On to ~ose ~e& ~e deta~d scope. O~er ite~ of work no~ specffica~y iden~ed ~ ~e Task desc~pfiom. Note that bidding phase services assume a single bidding of the project. Each Notice to Proceed shall contain a description of the work to be undertaken, a budget establishing the amount of additional fee to be paid to the Consultmat end a time established to complete the work. The City reserves the fight to add or delete tasks at the City's discretion. Schedule The work described herein will begin upon receipt of a Notice to Proceed. A formal ~.~kd?~ o~.? t? ~.v!.%~ted ~ th~ table below. The ~ed~e ~y ~ aue to factors veyonct me t-onsultant s control. The schedule hasbeen developed so that comments are received from the City within 10 days. Schedule of Deliverables Deliverable Associated Task Time from ~lotice to Proceed Preliminary Design Task 1 3 weeks Final Design Services Task 2 7 weeks Permitting Services Task 3 8 ...... s ..,Grant Applicat on Task 4 7 weeks Compensation Compensation by the City to the Consultant will be on a lump-sum fee basis. The estimated compensa, tion. for the services described in this Task Order is $24,700. The table below %%~ o%eS .~.~ p.~opose,~ costs on~ ~er-tas~ bas~. ~ ~ce s~ be mo~ed o~y ~ the op o wor[m cmmged. Flouridation Systems for Both the East and West Water Treatment Plants Task 1. Predesign Task 2. Final Design Task 3. Permitting Task 4. Grant Appl~o~ Total Labor Costs Expenses Total $5,900 $$1%5% $6,420 $15,000 $16,320 $810 $50 $860 $1,000 $100 $1 100 $22,710 $1,990 $24,700 APPROVED BY By: Wilfred Hawkins, Interim City Manager Date: SUBMITTED BY CH2M HILL, Inc. By: Thomas M. McCormick, P.G. Vice President, Area Manager Date: Reqnested City Commission Meeffn~ Dates [] March 21. 2000 [] April 4, 2000 [] April 18. 20O0 [] May 2. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM March 8. 2000 (5:00 p.m.) March 22~ 2000 (5:00 P.m.) April 5, 2000 (5:00 p.m.) April 19, 2000 (5:00 p.m.) Date Final Form Must be Tamed ~ Requested City Commission in to City Clerk's Office Meetin~ Dat~ [] May 16. 2000 ' [~ June 6. 2000 [] June 20. 2000 [] July 5. 2000 IV-CONSENT AGENDA ITEM F Date F'mal Form Must be Turned in to CRv Clerk's OffiCe May 3, 2000 (5:00 p.m0 May t7, 2000 (5:00 p.m3 June 7, 2000 (5:00 p.m.) June 21. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consem Agenda [] New Bustness [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Allow open burning of piles of vegetation within scope of Fire Rescue requirements. EXPLANATION: Boynton Beach code of ordinances 9-13 does not permit.opan burning. The distance from residential properties makes this location unique for open burning in our city.. PROGRAM IMPACT: The developer would realize a significant fiscal savings ff burning was allowed instead of mulching. FISCAL IMPACT: NONE ALTERNATIVES: Limit ali open burning to air curtain incinerators. artment Head s Signature Department Name Mahager's~Slgnaturd - City Attorney / Finance / Haman Resources S:~B~TIN~FORMS~AGENDA ITEM REQUEST FORM.DOC FIRE & LIFE 'SAFETY DIVISION Memorandum No. 2000-22 NFPA Life Safety Code fOr, NationaliFire Code 1, all ~ppiicable ,¥ational Fire Protection Association codes~,and ~e CitY, Fire code gl'tall be adhered to. TO: FROM: DATE: SUBJECT: Chief Bingnam D/C Steve Galc~~ February 11, 2000 Quantum Open Burn Request Quantum Corporate Park has requested permission to open burn piles of vegetation on their site. The City code prohibits open burning so the request would have to go for commission approval, prefer air curtain incinerator burns but am willing to do a trial burn of one pile if you and the City Commission would allow it. We would then decide if too much smoke was produced and we would stop the burn and go to air incinerator use, I have attached the appropriate code and the request from Quantum Attachment 4. All buildings or structures regardless of the type of construction that are in excess of 1-2,000 Square feet per floor. 5. All portions or sect ons of buildings or structures which are below grade-or which constitute the basement area of a building or structure regardless of square footage of floor area or type of construction. 6. Single family homes and duplexes shall be exempt form this requirement. B. The automatic systems herein referred to and the installat, ion thereof which is required by this ordinance shal be contained in and prov dod for with the applicable standard specified for-thiS section Under of (he Fire Prevention Code. Sections 9-7 - 9-12 Reserved ARTICLE [[. FiRE CODES AND FEES Section 9-!3 Open burning. Section 9-14 A. (a) Defined. Open burning is defined as any outdoor fire or open combustion of material except barbecuing. (b)Prohibited generally. ~t shall be unlawful to have any open burning within [he city limits on public or private 9rgperty' except for fire training purposes or recreationaJ or ceremonial occasions for which written permits from the fire rescue department are required. (c) On beach. No permits wil be issued for any open ,..__ bu ming ~n tfie public beach. (d) Violations. Any person who violates this section, and the owner of the land who allows these violations, shall be guilty of a violation of this Code and subject to a fine not to exceed one nundred dollars ($100.00). Supplementary lighting system in places of assembly. The following buildings in which provision is made for the gathering of persons for the purpose of assembly shall be classified as assembly QUANTUM .LIMITED PARTNERS, LTD 1401 Forum Way, Suite 101 33401 February 11, 2000 Mr. Steve Gale, Fire Marshal :Ci~ of~oy~on ~a(h ~ire. Depa,L~n~ ~ ' Re: Q~an~ Co, tm P~k; Cle~g, ~bbing, BmUg Pemit No.9900004939 Dem' Mr. Gale: Quantum Limited Partners. LTD., is clearing property on the south side of Gateway Boulevard under the City of Boynton Beach Cleanng and Grubbing per~.;~t No. 9~00004939. W.e..ar requesting an open bum permit as we feel there are adequate ~Stances neom any resmcuve development that could be impacted. Please find enclosed an aerial photo of Quantum Corporate Park along with maps showing distances from streets, access muteS~ buildings, 'fire hydrants and burn locations. It is understood that dally app[ovaI based,u,p, on ,w,e.a/the,r.and wind con~_di~r~~ from the ~City o£Boynton Beach and,Palm Beach CoUnty Will:De onm~nea to ensure a sa~e . Additionally, should there be any registered health related complaints due to excessive smoke, we would immediately shut down the open bumand go to air curtain incineration, Our ez ~erienced c0ntmctor, I & J~oUn.,try Land Clearing, Inc. has advised us that the initial bumifi of the d~ grub material, Wi!i be in a small ,trial~ pile to ensure that the wind condi~on~s allow e s~m?~¢ t~ rise between ]5 ~t~.90 de~ees and if n°t' the fire can be quickly extingulsne°' The ~ imat6d: ~pen ':bum is one-third, pf the .!l.me reqmr, ed for an ..mr curt~_b_ ~u~ a~.d00a; ebnsi~ ml~le cost savlngs. Furtherm°re~:we will nave eqmpmem on she conmsung m a , a er'mk, one front end l ad*r and Uac o .. . mg,w0¢ sm. Umylh the issuance of tl~ b~aing permit and woad!be completed w~tmn ~ wee~s, t~ ~s Understood t * ~tie bm vbill be:monitored by the B0ynton Beach Fire Department. ............. Ltd. a~rees to h61d harmless the City of Boymon Beach and the BoYaton Beach Fire Depat tmenf durin~ t~s Controlled burning. Sihcere¢~ Douglas Sac Pres[d~ent [ ' Quantum Limited Partners, Ltd. ~ / e:QuantumLimited/correspondence/SteveG~ APPLICATION ~OR OPEN BURNING FOR COMM~RCIA~ ~ LAND CLEARING OPERATIONS ~ app~ova~ of an open burning application · ~i~luation Dy this A~e .... ~ .. ~ ls dependent u o ~nd = = n~ v~ the potential env' nt p n ~he. LL~ef ~ge ~ffects on the public. This an .... ~O~me .al ~gradatlon ~Pllcatlon can be denied i~ ~ .... ~=~ uan De withdrawn or Department's authori~ --~= ~a+m se%qb County Health - · , ~=~ =9~uu ueems such ac ~ubl/c s interest. Please .... ~ .... t~on necessary in~ the autbo~it ~,~u= ~=~ the Department . y to ~e~er or s,~=~-~ ~- · · .. also has the numsance, g if it is creating a The Palm Seach County Health Department administers open bu~nin fo ~land clearing purposes'only. O~en bur g r "~ ~ii~~ -. . ~ nlng incidental' rai actl'v .... ~ to ~ ~icul . . I~les is a - .~g ~ural :Qepa~tment of A~r'cu].~=%' ~.~ ~. dmlnlstered.by th~ Stat~ ~ 1 ......... .u ~onsumer Services, Oig~sib~FlOrIda ~y c~mpleting the following checklist ou ~ ~.r a Olica i · y will be able :~ · :~. : . . :P~ . t on for a roy ~nd~.taogs.i..of Chapter 17~PF~x~?f-~P~n burning m~e~% . s provided to s ,evn, ~4 - r~re completing your.~app~tcation. Yes No ~ ~ 1. Does the material to be burned consist only of vegetation that has been cleared from the burn site? C ~. ) 2. Are the burn piles free of Bunker C resid~at oil, asphalt, tires, roofing rubber material, ~-. tar, railroad cross ties, other creosoted lumber, . refuse, p astxcs, garbage or other trash? /! (~ ) 3. Is the proposed burn site one hundred (100) feet or more from any public highway or road? ~ the proposed burn site meet one of the ( ) 4. Will following setback requirements? 1). One thousand ~- (1,000) feet or ~o~ from any occupied building; 2). ~. Three hundred (300) feet or more from any occupied ~.~ / building if an Air 8urtain Incinerator is used. ( ) 5. Will the burn be ~gnitsd after 9:00 am and be ~ compl~ly extinguished one hour before sunset? ( ) 6. Will the burn be under the constast supervision of a competent person who has the means available.to quickly extinguish the ~Jre? ( ) 7. Is the material to be burned dry so: as to minimize air pollgtion? are the major guidelines used in the [ · t~. A negative answer to an- ~ ~'~ 3nspect~on of a ~ropos~d ~ z ~ ~ue preceedlng questions w~ll in ~he denlat of your apP~ication~ - to~certify~ that I will compiv~w'th~ : ' is ope~ burning identified in the a~o~'c-~h~l~utat°ry~u_ conditions Thomas A. McGillicuddy ~ President Licensed Real Estate Broker 1401 Forum Way; Suitel01 West Palm Beach. FL 33401 (561) 740-2447 Fax: (561) 686'8863 e-mail: mftquant~bellsouth.net Requested City Commission Meeting Dates [] March 21_ 2000 [] April4. 2000 [] April 18, 2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form M~t be Turned in to City Clerk's Office March & 2000 (5:00p.m.) March 22, 2000 (5:00 p.m.) April 5, 2000 (5:00 p.m0 April 19, 2000 (5:00 p.m.1 Requested City Commission Meeting Dates [] May 16, 2000 [] June 6, 2000 [] June 20, 2000 [] July 5, 2000 IV-CONSENT AGENDA ITEM G Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m:l June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve Change Order #7 in the credit amount of $17.015.31 for the following three (3) items: 1. Add sheet metal roof curbs for support of mechanical equipment. 2. Delete entry gate and access control system. 3. FPL charges for temporary electrical service as a reimbursable. Subsequent to the Commission's action of awarding the contract for "Renovation and New Construction for Utilities Operation/Technical Services Building" at the February 16, 1999, City Commission meeting, and previous chmige orders issued on this project, these items are deemed necessary to continue the retrofit process on the existing building towards its completion. Therefore. these items have developed into a required change order to the original contract for this project. EXPLANATION: These changes are required to facilitate the on-going construction of the building renovation project, located at 124 East Woolbright Road. This is a reduction in the total project construction cost. PROGRAM IMPACT: This is part of the renovation stages at the East Water Treatment Plant and Utilities Administration Building areas. FISCAL IMPACT: The funding credit for this Change Order will be added to account #409,5000-590-96.10, WTR089. ~ ALTERNATIVES: None. The items included in this Change Order relate required field construction modifications deemed necessary to blend ~h past and current building changes previously made, and facilitate the completion of this project in the most effic~enl~ manner.~- eparUnent l-leac~s Signature ' City Manager's Signature Utilities Department Department Name City Attorney / Finance / Human Resources S:~B ULLE TINWORMS~AGENDA ITEM REQUEST FORM.DOC MEMORANDUM, UTILITIES DEPARTMENT #00-062 TO: THRU.: FROM: DATE: SUBJECT: Sue Kruse City Clerk Director of Utilities~'~ '"~ H. David Kelley, Jr., PE/PSM Utility Engineer March 7, 2000 Cofis~nt Agenda .Item Request March 21, 2000 C~ty Commission Meeting The attached Agendg~ Item Request Form is being transmitted to you, and we are requesting its inclusion into the'agLm~la for the March 21, 2000 City Commission meeting. Upon the affirmafiy~..action tO this ~equest, please have al! five (5) copies of the Change Order No. 7 executed ahd ~mm ~e to this department for proper distribution. If you have any qgestions ,zegarding this matter, please contact Mark Law. Deputy Utility Director at x6403 or4Dave Kelley, Utility Engineer at x6414 or x6496. JAG:HDK: gb xc: Mark Law Dave Kelley Barbara Conboy File Page 1 of 1 pages Change Order ~_.r~AIA Document G701 - Electronic Format RECEIVED OWNER A~Cm~CT CONTRACTOR OTHER ~iMENT ~_t~ i ~uvir iL:A HUN' AUTHENTIFICATION OF THIS ELECTRONICAL~.Y DRAFTED AIA DOCUMENT MAY BE MADE By US iNG AiA PROJECT: (name, address) City of Boynton Beach Utilities Administration Building 124 Woolbright Road CHANGE ORDER NUMBER: Boynton Beach, Florida 33435 DATE: February 29, 2000 Seven (7) TO CONTRACTOR: (name. addressl Coral-Tech Associates. Inc. 10211 West Sample Road Coral Springs, Florida 33065 The Contract is changed as follows: 1. 2. 3. 2~!~CI-II'j-II4CT'S PROJECT NO: 98115 CON'I1L~CT D_ATE: Murdh 3, 1,999 CONTRACT FOR: B~lding Renovations RCO 28: Roof curbs for exhaust equipment due to existingconditions. RCO 35: Delete gate accegs system as directed by the Owner. RCO 38: FPL charges for temporary power during construction per the Contract. "The time and funds requested herein do not include time and funds for claims submitted and all rights to additional time and funds are hereby reserved." ~. qNot valid until signed by the Owner,,Architect and Contractor. The original (Contract Sum) (C.--.:__2 .._J ...... IU_t) was Net change by previously authorized Change Orders - The (Contract Sum) (C ..... :~.~ Lf,~:.~. P.l~v~ prior to this Change Order was The (Contract Sum) (C,~&.:...~ l,.~L~f~.c,xc Pr[c:-}.witl be (i ...... ,,d)-(deereased) (~.~S~.~cJ)-by this Change Order in the amount of The new (Contract Sum) (C~:~n:~.z_= :.L~:~.:x~ P.%:) including this Change Order will be $1,560,800.00 $ 44,733.30 $1,605,533.30 $ (17,015.31) $1,588.517.99 The Contract Time will be (unchanged) by ( ) days. (Note: The amount of days will be included in the next Change Order.) The Date of Substantial Completion us of the date of this Change Order therefore is NOTE: This sttm~ary does not reflect cl~nges in the C~maet Sum. Contract Time or Ouamateed maximum Price which have been Authorized by Construction Change Directive. Song + Associates, Inc. ~ Ceral-Tech Associates, Inc. The City of Boynton Beach ARCPdTECT CONTRACTOR OWNER 400 Australian Ave. S. Sixth Floor 10211 Wes[San[xpl¢ Roa~ Ste. 207 124 Woolbright Road West Palm Beach, Florida 33401 Coral sprinkle, l~ll~: j~3065 Boynton Beach, Florida Address ' AddreSs ~~ *I'll' DATE: AIA DOCUMENT G701 * CHANGE ORDI~[ * 1987 EDITION * AIA · COPYRIGHT 1987 · TH~ AMF~RICAN 1N$'l'l'rlfl~ OF ARCHrI~CTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON. n.c. 20006-5292. WARNIIqG: Unlicone~d photocopying violates U.S. copyright law~ and is subject to legal ~ ~.prosecution. Th/s document was ele¢~'onically produced with permissi0n o~ tl~ AiA and can be r,p, uduced without violation antil the date of ~xpiration as noted below. Electronic Format - G701-1987 User Document: 13701.CON - 1 I/4/1999. AIA Licen~ Number 115475, which expi~s on 11/30/2000 - Page gl Sent By: J&C-CTA C0BPANZES; 954 341 7116; D$c-2-99 4:47PU; Page 2 Decembe~ 2, 1999 & Planners, Inc~ Request for ~ Order No. Twenty Eight (28) Utilities Administration ,Building Project No: WTRO89 CTA FILE NO: 9812-18 ~ Mr. Tmd~T. In am with your directives, we ere submitting our request for change order for additiof~l work as follows: ADD SHEET METAL ROOF CURBS FOR SUPPORT OF MECHANICAL EQUIPMENT Curbs and Roofing Modifications per attached proposal $3,650.00 Contractors fee 182.50 B. Genial Construction per attached cost breakdown $ 8cj6.00 TOTAL $4,728.50 TOTAL AMOUNT OF TI'IlS I~-QI.~T $4,728.~0 It is expeCted that the doscrib~ modifications could impact construction progress and project' completion for a period of thi117 (30) days aS we cannot proceed with material construction a~ivities of the project for an extension of contn~ time. 10211 WEST SAMPTE RO~) .SUnT CORAL SPRINGS, ~cLOalOA 33Q~5 Sent~Sy: JAC-CTA COUPANIES; 954 341 711~; Dec-2-gg 4;47PU; Page 3 Mr. M~ Trader ReqUest~f0r_/Change Order No. Twenty Eight (28) U~ilities Admini~stration Building Project No:,~RO89 CTA FILE NO. 9812-18 December 2. 1999 Page 2. I~ndly prepare a change order for this work at your earliest opportunity to aVOid further: delays to completion of the project. Thank you for your kind assistance end cooperation. Veqr truly yours, CORAL-TECH A88OCIATE$. INC. J. YVAI~VIAK, ccE President Enclosures Mr. Mark Law Ms. Diane Goodman Sent By; JAC-CTA~¢OUPAN[ES; ' 954 341 7116; Dec-2-99 4:47PM; Page Sent, By: JAC-CTA COMPANIES; 954 341 7116; Dec-2-g9 4:48PU; Page 5 Sent By: JhC-C~A COUPANIES; ~ ~' 954 341 7116; '0ec-2-99 4:48PM; Page 6 Sent, By; JAC*CT~ COIW=AN:[ES; 954 341 7116; Dec-2-99 4:48PM; Page 7 Novem~ 16., 1999 Diane C. oodmm / K,m Omm~.,,/ !999 AVENUE,; FOI:~I' LAUDERDN. E, FL ~ (OS4} 6e,~-Tg91 FAX (9~1.) 5ee-7"/36 Sent By: JAC-CTA COUPAN[ES; ' '' ~ g54 341 7116; Dec-2-g9 4:4gPM~ Page FRITH : gLO. lED ~qC~l~CC71j~=~ ~TRLS ~1~: t54~(~T7?~ Nov. t6 tcJ99 ~:27R~I Ineullnce: We m,'e fullycG, m. edbywodcn~r~ pf.d:G: hbilKy (es4) 66,1-7811 H~)C (064) RECEIVED DEC 1 7 1999 SONG & ASSOCIATES December 16, 1999 CORAL-TECH ASSOC ATES, INC. Mr. Michael Trader Song & Asseciates Architects & Planners, Inc. 400 Australian Avenue South, Sixth Floor West Palm Beach, Florida 33401 Re: Request for Change Order No Th rty F ve (35) .utili{ies AdminiStration Building Project No: W'l'RO89 CTA FILE NO: 9812-18 Dear Mr. Trader: In accordance with Proposal Request No. 18R, dated November 29, 1999, we are submitting our request for change order fer additional work as follows: DELETE ENTRY GATE AND ACCESS CONTROL SYSTEM Entry Gate Access Control & Structures Total TOTAL AMOUNT OF THIS REQUEST $ 4,950.00 17.995.00 $22,945.OO DEDUCT $22,945.00 Kindly prepare a change order for this work at your earliest opportunity. Thank you for your kind assistance and cooperation. Very truly yours, c c. Jo J'. CCE President Mr. Mark Law Ms. Diane Goodman boyntonut.2660999 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS, FLORIDA 33065 g54-753-7252 FAX: 954-341-7116 RECEIVE!..: January 17;'2000 SONG & ASSOCIATEs Mr. Michael Trader Song & Assoc ates Architects & Planners, Inc. 400 Australian Avenue South, Sixth Floor West Palm Beach, Flodda 33401 Re; CORAL-TECH ASSOCIATES, INC. Dear Mr. Trader: In accordance with contract provisions, we are submitting our request for change order for electric utility charges app cable to tempora~ e ectriC as follows: FPL CHARGES FOR TEMPORARY;ELECTI~(3AL SERVICE Charges per FPL invoices attached: TOTAL TOTAL AMOUNT OF THIS REQUEST Kindly prepare a change order for this work at your earliest opportunity. Thank you for your kind assistance and cooperation. Very truly yours, COR~INC* JO~d~NO~IAK, CCE President ~ Enclosures Mr. Mark Law Ms. Diane Goodman 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS, FLORIDA 33065 954-753-7252 FAX: 954-341-7116 Jcl YNTON B~AC,- .......... '= .... - BO H'UTiLiTiES '---- FPL ~ _ - AMOUNT ~ -- 041299 2 161835 05/17/99 $25.00 3 043233 06/14/99 $25.63 4 043550 07/14/99 $68.98 5 038630 0gt13/99 $129.38 6 045105 7 04~121 10/14/99 $188.6i 8 053900 11/12d99 ~') 02_62 9 037186 12./13/99 ~;115.69 01/12d00 $203:11 11 1-42675 01/26/00 . · ($6.92) t TOTAl.: $1,346.19 CUSTOMER GUARANTEE DEPOSIT CERTIFICATE CUSTOMER CDP~Y Account Number: 79335-51082 Guarantee Deposit No.: 3~6880 Type: COMHERC~AL Deposit Amount: $25.o 00 Service Address: 124 E WOOLBRIGHT RO # TEMI~ .... Issue Date: 05-0.5-1999 : ...... ~ s tt'yeu have made t~!l ppymeqt~pl~ease accept our~thank$ a~d disregard this rio{ice. NOT TRANSFERABLE B~EN INDIVIDU~L/, PAR~ERSHIPS OR COR~RA~ ~h~ or ' ~all The 1:Arms uncMr-:~w~iCh f. hL~s -depes~: i-s made and accepted are= If paylnen~S-are no~ subjec~ ko an no{ accoun~ ~s less mofl~hs of continuous s~ervice, e~.ess of Ss grea~er. rece~¥ed by ~he' due da~e, ~he accoun~ may be ?he ~o~a~ amoun~ of ~he depos$~ sha~! average bL11Lng. ~ i~lorida Power & Light Company i]30 Box 025576 ~1~ ?~Miami, FL 33102 .............. ~ / DEPOSIT BILL STATEMENT E7 ~119 7 t~BWNDJN~ *** AUTO ~C0 6512 1~36978~5V289158~ 161835 CORAL TECH ASSOC INC 10211. ~ SAHpLE RD CORA~ SPRINGSFL 33065-3972 41]/:lTq335SlOB;]TOOSEOonoon PLEASE ~LL IN TOTAL AMOUI~F P/UD Make check payame to ;p~ In U.S. ~ and ~l al~rM~ this ~ ~ FPL GENERAL MAIL FACIL~Y MIAMI FL 33188-0001 t ACCuuNT NUMBER I ISSUE DATE ] CHA~=U PAST DUE ~ AMOUNT DUE "79335-5108z I HAY S, i998 I HAY 17, 1999 I $2S.00 / 27 5 5,8 ~1~9 6 JBNNOJNQ ~## AUTO ~C0 6512 ~'53697~38g269150# 0h3233 CORAL TECH ASSOC IRC 10211 W SANPL[ RD CORAL SPRINGS FC 33065-3972 ?119793355108263652000000 h'lh"lhlh-,Ih,,hh.lhhh,h,,h,hlhh,hl,,,I,,il FPL GENERAL MAIL FACILITY MIAMI FL 33188-000t CUSTOMER STATEMENT CH ~ssoc INC 3LBRIGHT RO # TEMP Statement Oatec MAY 24 cUStomer Name: CORAL Ser~ce Addr~: 124 EW A~t Adlv~ ~ R~ ~ I Pa~t R~v~. ~NK YOU ~ u~ - ~ [ De~t BMan~ Due Enemy Usage -- ~ ~ ~ ~ ~ 'Bi~i~ for E~ U~ on R~e: GS-1 ~y ~ Gro~ R~pts T~ I~ea~ Fr~se Ch~e Utility T~ Fl~da sales Tax Initial Char~ Current Electric Cha~es ACr-"unt Number:. 79335-51o82 Ser~c~ Dat~. MAy 0~ 99 to MAY 24 99 ) Oay~: 20 d:Date: JUN ~ 1~ 25.oo . G/ i 25.00 GENERAL SVC NON-DEMAND 7.85 0.08 0.33 0.79 0.58 16.00 TOTAL NOW DUE: Messages A late, payment charge of 1.5% will apply if not paid by JUN 14. -- This billing pe~od is less than a month; bill factors are available upon ... } [. * request. .. ' ............... ~ ~'The?ervJ .c~l~hia C~harge is a one-time charge to defray administrative · - ~ ......... . .. costs ~_r~u~ red tO start your electric service ur to make a change to your ~ ' ... :' 7':' ~"~=c0unz at-year request. J~'J'}'~ q"~/I .~rim y~0ur c~xtling icosts, improve C~mi'ort by insta ling qualifying window ....... ~ ~, ~_ tr~atr~ents~jr~of or ceiling insulation, Rebates available, Check o Ii, '~ ?.z, ~.~ ~- ~'-:1 "'1~- l ,~, i"~ energ~,savingoptio~l~call 1-800.FPL.5566' utmore 25.63 USEFUL TELEPHONE NUMBERS C_ust.omer. Service: (561) 697-8000 / 27 pl',~lse~eques! changes on me ~119 g A~TO ~0 ~12 O~3550 CORAL RD FL $3065-3972 I~dh,dMlii,,lli.l,l.,Ihhh,h.l,,I,Ihh,hl,,,I,,li 2563 4119793355 ~0829164900000B Make ¢~e~ pa¥~b/eto FPL in U.S. func~$ and mail along wi~ this coupon to: FPL GENERAL MAIL FAC LFI'Y MIAMI FL ~3tll~0001 9to JUN2399 Service 25.63 25.63 GE.E L svc 56.42'* 2.37 .5.07 4.16 0.38 68.98 68.98 TOTAL ..... Messages Florida Power.& Light Company USEFUL TELEPHONE NUMBERS Cubtomer Service: (5611 697-8000 . aTATEMENT Statement ~-) 94.61 94.61 CR .Meter Reading-Meter 5c72276 £:nergy Usage Account Numoer: 79335-51082 'Amt includes the ~otlewtng ¢t~arges: C~st=mar Charge: $9.00 par Mon h · Addlllonal Next Scnedulee React Gaze: AUG 24 19~ Acridly NEW ~ar~, ~s I Past Ou, ITo~I N~ Due I ! I 0.0O O.00 129.38 /AUG 13 19991 ( $12g.38 Account Activity Previous Statement Balance Payments Re~ived - THAN K YOU 94.61CR Billing fer Ele~rtc Use on Rate: GS-1 GENERAL SVC NON-DEMAND Electric Service Amount 106.55, Gross Receipts Tax Increase 1.09 Franchise Charge 4.47 Utility Tax 9.42 Florida Sales Tax 7.85 Curte~ Electric Charges 129.38 TOTAL NOW DUE: Messages -- A ate payment charge of 1.5% Due to our price reduction ia this month and $9.04 to date. franchise fees and taxes that The summer cOOling season ha~ working harder. For more eftici : op~rat, ions, change orc ean your a/c II apply if not paid by AUG 13, ~pril,~, l~Ou~;~ saved approximately $6 01 hesse ~s~.~inge do not include ary ~ci:o?ding to your location. tart&d and your a/c system will be ask us USEFUL TELEPHONE NUMBERS i Customer Service: (561) 697-8000 Outside Florida 1-800-226-3545 . Hearlng~peech Impaired: 1-800-432-6554 (TTY/TDD) · Visit FPL s WSbSite at http://www.fpLcom Florida Power & Light Comoany PO Box 025576 Miami, FL 33102 i Please reqoest',.~ ors the back. Notes on the 1font will not I~ detected. B 7.8 4119 8 #SWNDJNQ **~ AUTO **CO 6512 #53697~3B~289150#7 038630 CORAL TECM ASSOC INC 10211 ~ SAMPLE RD CORAL SPRtNGS FL 53085-3972 I a~ed my c[onatton for the Care to Share Energy Fund to help those in need. [Mark 'X' In box) PLEASE FILL IN TOTAL AMOUNT PAiD aMnadke check payable to FFL In U.S. funds ~lail along with this coupon to: FPL GENERAL MAIL FACILITY MIAMI FL 3a188-g001 Account Nu~be~;:-[::?:~Tota! ;;a~ Ou~:::~:l::NEWCharges I~a~t Due: | I z~s-51o82 I $129.38 I AUG131999 I .;R STATEMENT statement AdVatJonal Balance Pa I Activity (+ or -) 129.38 CR' ~ ,0,00 129.38 Account Number: 79335-$1.0,82' Serwco Dates JU~'23,~ To AUG 24 99 I Charges J Past Dui 'lTohl NOW Due Meter Read lng- Meter 5C~2276 Current Reading 0382~ Previous Reading -02152 KWH Used 166~ Energy Usage KWH This Month 186~ Service Days 32 KWH/Day 52 A~PPROVED ~ ACCOI'N"r .~. Before NEW charges 0.00 Account Activity Previous Stalement Balance Payment Received - THANK YOU Billing for ~ 122.80- Gross Recaip[s Tax Increase 1.26 Franchise Charge 5.15 Uti ity Tax 10.83 F orida Sale{ Tax 9~.05 ~ ~urrent Electric Charges 149.09 129.38 129.38CR GS-1 GENERAL SVC. NON-DEMAND SO.O4a4;0.per.KWH TOTAL NOW DUE: - Messages - A late pa, yme~t charge of 1.5% will apply fnot paid by' SEP 14. --' Due i~0~r price re~luction in APrlJ y;~u saved approximately $7.01 t~lS month and $16.04 to ~fate. These savings do not -include ~,franchlse fees and taxes that vary according to your ~ ..... ~ ....... Iocatio~. I~t:'i.;': .. ~.--- Repia~ng: an uhreliable AC system? Tall< to FPL first because we have ~ a .K~, te::pro~am ~ high- .efficiency spli~ package DX air conditioners. ,,.. in~:higher theefficiency, the higher the savings! Plus there will be . I.o?er cooling and maintenance Costs. Call us at 1-800-FPL- 5566. PAID , Avl, .: - I DATE I AMOU':;.t I CHECK # Florida Power & Light Company PO Box 025576 Miami. FL 33102 USEFUL TELEPHONE NUMBERS Customer Service: (561) 697-6000 Z Outside Florida: 1-800-226-3545 HearingI.S. paech Impaired: 1-800-432-6554 [TTY/TDD) I ~sit FPL s Web Site at http:l/www, fpl.com I. Florida Power & light Company 'PO ~025576 Miami. FL 33102 / E 7 Pleaserequestchangesontheback. Hote~on ~e ~ontwitinotbedetected. B 8 4119 1 #B~NDJN~ #+H~ AUTO e~CO 6512 #5369763Bq289150# 045105 4119793355108219094100000 [ added my donation for the Care ~ ,Share Energy Fund to h~ p tho~e In need. (M~rk X in box) [] ,, []. [] ,. [],1o [] PI.~' FILL IN TOTAL AMOONT CORAL TECH ASSOC INC 10211W SAMPLE RD CORAL SPRINGS FL 3306~'3972 J-lJ-,|J,JJ-,,JJ.mldt.JJddtd.tJ,mJ,mJ,J,mJd.d. JJ Make check payable to FPL In U._S/~'~ and mail along with this coupon foL.- ~; FPL GENERAL MAIL FACILITY MIAMI FL 33188-6001 79335-51082 J $149.09 . STATEMENT ,~e ~EP 23 1999 Account Number: 79335-$1082 .r.Weu~ I ~,~ Rea~ Oale: OCT 22 I~ 1490 Meter Reading-u~c~ Account 'rezou~ ~sa~lng -0~ ' Paymenl R~eived. THANK YOU 149.09CR Billing lot Ele=tric U=e on ~=le: OS-1 GENE~L SVC NON-DEMAND Electric Service Am~nt 155.39" Gross Receipts Tax Increase Franchise Charge 1.59 Energy Usage A.~t includes the following[ char~leS: Utility Tax 6.52 Ftorida Sales Tax 13.66 11.45 Current Electric Charges 188.61 TO AL .OW OUE: L ¢ Messages. -- A late payment charge of 1.5% will apply if not paid by OCT 14. -- Due to our price reduction In April, you saved a rD $9.01 .this month and ~;'^-, ,- :, 'r ~ PP ~ximatel include franchise fees and taxe- "--, ---- avmg..s do not -- Your electrical system is critical to your business. But HOW do you know ii' it is operating safely and e[ficiently? Our thermal scanning mspectron service uses an infrared detector to find hidden hot spots BEFORE they become hazardous. call t-800-FPL-5566, ref# 6196. For information about an inspection, USEFUl TELEPHONE NUMBERS Please request changes on the back. Notes on the front will not i0e detected. ~ 8 ~1t9 #B~NDJN~ ~ AUTO e~CO ~53697~3BQ289150~ 0~q121 CORAL TECH ASSOC INC 10211W SAMPLE RD CORAL. SPRIRGS FL 33065-3972 I added my donaUon for the Care to Share Energy Fund to help these in need. (Mark 'X' In eqx) PLEASE FILL IN TOTAL AMOUNT PAID aMn~ke_c_..h,e~;_,k_ payable ~ FPL n U.S, ~uno's I"lh"lhlh'"lh,,hi,,,Ihhl.l,,,l.hlhl,,hl,,,I,,ll FPL GENERAL MAIL FACILITY MIAMI FL 33188-0001 STATEMENT Account Number: 79335-51082 ?: ~ Balance NE~t Addlfl~lal Before NEW Charges Slaleme~taatance Pa : ~ (Actlvity~ ~g -) N~ (~ar~s=) . Il Cha~s( Pasl Due Total (=)N°w Due taB.61 188.6~I CR ' 0.00 0.~ 202.62 NOV 12 1999 $202.62' ,ewous Reaclmg WH Usec~ 2315 :'nergy Usage WH This MonU~ 23'[5 AccoUnt Activity F~revious Statement Balance 188.61 Payment Received - THANK YOU 188,61CR Billing for Electric Use on Rate: GS-1 GENERALSVC NON-DEMAND Electric Service Amount 166,94" Gross Receipts Tax increase 1.71 Franchise Charge 7.01 Utility Tax 14.66 Florida Sales Tax 12.30 Current Electric Charges 202.62 TOTAL NOW DUE: Messages A ate payment charge of 1.5% will apply if not paid by' NOV 12. :: Due to our price reduction in ApHI you saved appr°ximataly $9.72 this month and $34.78 to data. These savlngS~do not include franchise fees and taxes that vary according to your location. .- To those of you whose electrical service was affected by the recent storms that struck our area, thank you for your overwhelming patience and support as we worked to restore service. This helped us tremendously in our efforts to restore power rapidly and safely. -. Transactions involving connects, disconnects, name changes and payment extensior~s may require positive identification. j' CH,=CK PAID , # iDATE L I USEFUL TELEPHONE NUMBERS ~ Customer Service: (561} 697-8000 Outs de Florida: 1-800-226-3545 Hearing~/,S_peech Impaired:- 1-800-432-6554 ('I-i'YFt'DD) Visit FPL s Web Site at htt~:llwww, f~Lcom s . 7,8 ~119 ~ #BWNOJNQ ~e~ AUTO ~C0 6912 #53697q38Q289150# 0~3900 CORAI~ TECH ASSOC INC 10211 ~ SAMPLE RD CORAL SPRINGS FL 33065-3972 h,lh,,Ihlh,,,Ih,,hh,,Ihhh,h,,h,hlhh,hl'"h'll PO~OI)O00 L ,Share Energy Ix In box) PLEASE ~ IN TOTAL AMOUNT pAID $ Make che(~c payable to FPL In U~x~...tunds and n~ll a&ong ;with this couPofl - FPL GENERAL MAIL FACIUTY MIAMI FL 331ll84000t Number' i. Total Now Des ': I NEW C;-,argaa Past Due ~ ' ~_~['~51082 I S202.62 I NOV 12 1999 ,,IER STATEMENT .... · r Name. COITAL 202.6:2 202.62 CR J ~eter Reading. Memr 5C72276 Energy Usage Ant includes the ~lle~n~ NEXT $CHEOUL~ REAO OATE GEC22 1999 Past ~ ITotal Now Due I (=) DEC 13 1~9~ $21S,69 J Account Number 79335-51082 Addlllonal Betors NEW Activity NEW Cherge~ ] 0.00 0.00 J 215.69 Account Activity Previous Statement gaJance Payment Received * THANK YOU 202.62CR Billing for Electric Use on Rate: GS-1 GENERAL SVC NON-DEMAND Electric Service Amount 177.72" L~ Gross Receipts Tax Increase I Franchise Charge Uti/ity Tax Florida Sales Tax Current Electri~ Charges 7.46 15.60 13.09 215.69 TOTAL NOW DUE: Messages .. A late payment charge of 1.5% will apply if not paid by DEC 13, -- Due to our price reduction In April, you saved approximately $10.39 this month and $45.17 to date. 'These savings do not include franchise fees and taxes that vary according to your location. ~--..~- .... -/ ..... The umen value of fluorescent Ii hts decr · CORAL T,.UH ~r.S. ;r~.same amount of energy is consumed to produce this Iowergl~uY~ ~f / ~ ghL Timely replacementof o d amps wl'l assure GU ......... APPROVED ~-~'/ / t ....... ' y of getting full ! /- ,.dnang value lOT your energy do ar. ~ D"- A "' '- USEFUL TELEPHONE NUMBERS B 8 ~119 9 #B~NDJNQ #~-~ AUTO ~CO 6~12 #~3697q3B~2~91~O~ 037186 CORAL TECH ASSOC IRC 10211 ~ SAMPLE RD CORAL SPRINGS FL $306~-3972 L_, [] ,, []s,o [] PLEASE RLL ,. TOTAL AMOUMT PA~D S u.s. ma4 i,,ih,,il,ll,.,Ih,,hl,,,ll,hh,l,.h,hlhl,,i,h,,i,,ll FPL GENERAL MAIL FACILITY MIAMI FL 331~-~01 ['.a;__..:..:_ ~';~,,A, er J - Total ~ ~ j NEW C~,..s.=a Pa~t Due I L, 7933,5-51082., I $215.$~ I DEC131999 I Me~r Re~ding-ueter Currer~t ~Re~ad~g KWH/Gay A¢COU GE$ ' 215,69 215.69CR 290.00 290.00 7.02 Tax 14.70 Florida Sales Tax t2.32 Current Electric Charges TOTAL NEW CHARGES: 203.11 203.11 Florida Power & Light Company PO Box 025576 Miami; FL 33102 TOTAL NOW DUE: J 493.. J Messages .. A late payment charge of 1.5% will apply if not paid by JAN 12. Due t~.* our price reduction In April, you saved approximately $9.75 this month and $54.92 to date. These savings do not Includefranchise tees and taxes that vary accon~ing to your location. .......... ~ ........ ~t ....... , From all of us at FPL, thank you for your business in 1999. Have a safe i C',')~L-~'c~:]~!;*~?[S. !i'~'td h~appy holiday season! .A .... ~;~~. ~-~-CK,.. J DAT~ J .... : .,1: · p-.. -- ~ USEFUL TELEPHONE ~IUMBERS Customer Eervic~ (561) 697-8000 ~ Outside Florida: t 800-226-3545 Hearing/Speech Impaired: 1-800-432-6554 (TTY/TDD) Visit FFL's Web Site at htt~://www, f~l.com P ease request changes on the Notes on the front will not be ~Jetected. B 7,8 ~119 ~IBNNDJNQ *#* AUTO #*C0 6512 #53697~3Bq289150ff 037390 CORAL TECH ASSOC 10211N SAMPLE RD CORAL SPRINGS FL 33065-3972 J.JJn,JJ,JJ''JJB'J~J''JJ~J tJ.J.,J'J,JJ,J..J,J'~J'JJ I added my donation for the Care to Share Energy Fund to help those in need, (Mark 'X' in icox) pLEASE RLL IN TOTAL AMOUNT PAID $ Maks check payable to FPL in U.S. tune and mail along with this coupon to: FPL ~ GENERAL MAIL FACIUTY MIAMI FL 33188-0001 ~. ~ -AccountNumbar J !.TotalNowDue~'>:. NEW Char9e~ Past Due 1 79335-51082 J $493.11 JAN 12 2000 J 8 5,8 ~119 7 17714 ~NNDJNQ *~# AUTO **CO 6512 ~3697~3BQ289150# CORAL TECH ASS0C NC 10211 ~ SANPLE RD CORAL SPRINGS FL 35065-3972 h'lh"lhll,,,,ll,,,hl,,,ll,hh,h "h,l,lhh,hh,,h,II 41 ~.979':43551082791691000 PLEASE FILL IN TOTAL AMOUNT Make c~eck payable to PP~ ~ FPL GENERAL MAIL FACILITY MIAMI FL 33188-0001 *FINAL BILL' ',~-~m=~, ~lrATEMENT .,., .~,ae~ 'rr:~z~ ............. Statement Date: JAN 05 2000 Account Numbe~: 79335-$1082 ~aare~: 124EWOOLBRIG~TRD#TEMP SetviceDays: ? ' 198.19 Account Activity Previous Statement Balance CO~AL.TEC~A~$C, CiATES,49m.~l *FINAL BIL Additional Activity. Credit ?CiRFi290.00CR Deposit Refund/Reduction JAN 0 ? ~-~uu ~s.00CR Deposit Interest BALANCE BEFORE NEW CHARGEs RECEIVED 0.97CR :" 177.14 Billing for Electric IJ~e on Rate: GS-! GENERAL SVC NON-DEMAND Electric Service Amount Gross Receipts Tax Increase Franchise Charge Utility Tax Florida Sales Tax Current Electric Charge~ TOTAL NEW CHARGES: 15.67 0.16 0.66 1.40 1.16 19.05 19.05 TOTAL NOW DUE: [ $196.19 .- A 1 5% ate na,,--en .... ~'~i ~0~. 11 · ~ P x,- · ~narge ~1~ apply to any remaining bala~ "requ~L ~ s b; mg peri~ isles ~han a month; bill [acto~ are available u~n -. FP~ has I~er~ its ~el and ~n-~eJ en~gy charges for commercial and Industrial customers ~ective Jan. 1. 2000. ~e sa~ngs on your bill will d~end on~ your rate class· FIodda Power & Light Company USEFUL TELEPHONE PO Box 025576 Customer Service: NUMBERS(561) 697-8000 Miami. FL 33102 *=Ca, ~,~ .... ~ Outside Florida- !.800-226.3545 ,.. Oc?. 55 7r, nzAnz 33],0; J~N a? O0 VO O AFTEfl~ MONTHS PAY TO TIlE ORDER OF 1 548065 o 0 o 0 0 G';I;:,O :], 0 ? :],,~ .CORAL TECH ASSOC !NC $& · 92 10211N SAMPLE RD CORAL SPRINGS FL 33065 7933551082 N/A ACCT LL ? -? · , * · · '.. ~-_' ~ ~ -: : ,.?~;~'.:,~ ':.~.t-' ,~,'_.r'-':,,-' ~ · ~ ~ JAN 07 O0 6192 zNA G ~' ' C:RAL-TECH ASSOCIATES, INC. ~ JAN I 0 ZOO0 ' FINAL, BILL OVERPAYMENT REFUND J ~mflE~NO~ ~ G[92CR ~ [NAL BILL ER AYMENT =U~D For billing or sorvzce inquiries call Cusimmr Servzce : 1-S&1-&97-8~--~a c~ll (TTY / TDDJ l-aOO*.43~'-6Ss~. Requested ~ity Commission Meeting Dates [] March21, 2000 [] April 4~ 2000 [] April I8, 2000 [] May 2. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City CI~rk'sOffiee March 8, 2000 (5:00 p.m.) March 22, 2000 /5:00 p.m.) April 5, 2000 (5:00 p.m.~ April 19,2000 (5:0C p.m.) Requested City Commission - Meeline Dates [] May 16. 2000 [] June 6. 2000 [] June 20, 2000 [] Jaly 5, 2000 IV-CONSENT AGENDA ITEM H Date Final Form Must be Turned in to Cir, Clerk's Office May 3, 2000 (~:00 p.m.) May I7, 2000 (5:00 p.m.) June 7; 2000 (5:00 p.ra~) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] ConsentAgenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: To piggyback off Contxact for Services between City of Riviera Beach and Gailagher Bassett Services, Inc., effective 10/01/99 to perform adjustment services for liability and proper~y cia/ms, in the mount of $23,434.00 through 10/{~ 1/2000. EXPLANATION: Current provider of these services has changed ownership with resulting reduction hi quality of services. Contact was made with various local public entities to determine available providers and quality of work. PROGRAM IMPACT: Change of provider of services will improve services and capability, and reduclion of cost of Risk Management Division to provide services to claimants. FISCAL IMPACT: Costs and terms are anficipared to be less than previous year with former provider as Risk Management Division assumes responsibility for more claims handling hitemally. Use of outside provider is for third-party property damage and bodily injury claims. Contract emomat based upon anticipated claims vohime. Chargem Acct. #522-1710-519.31-90. ALTERNATIVES: Continue utilizing current provider with increased costs and reduced quality of services. ~e~'ar~nt~ad's Signature City Manager's Signature RISK MANAGEMENT Department Name City Attorney / Finence Human Resources RM/Wp/Cjm/GallagherBassett2000.dot S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC IV-CONSENT ITEM H GALLAGHER BASSETT SERVICES, INC. City of Boynto~ Beach (hereinafter 'CLIEN~'~;'hereby retains Gailagher BaSsett Se~lces, Inc. (hereir~fter "GE,'} to This conl]'act shall be in effect; fi'om 411/00 to 1011100 and shall remain in full force and effect unless amended terminated. ATTACHMENTS Attached hereto and made a part hereof are the following schedules: h OBLIGATIONS OF THE PARTIES II. BANKING III. TERMS AND CONDITIONS IV. DEFINITIONS V ~ERVlCES AND FEES CITY OF BOYNTON BF. ACH By: ADDRESS: P.O, B~x 310 100 F-.. Boynton Beach Blvd. Boynton Beach, FL 33425-03'10 GALLAGHER BASS~-; ~' SERVICES, INC. ROBERT MASON CHIEF FINANCIAL OFFICER ADDRESS: Two Pierce Place Itasca. IL 60143-3141 -2- SCHEDULE!: OBLIGATIONS OF THE PARTIES GB agrees to perform the following services: 1, ~r~th regard fo Claims Administration, GB shall.' . a. Review each claim and loss report submitted by the CLIENT during the term et this contract. Conduct an tnvestigallon of each qualified ctaim or less lo the extent deemed necessary by GB. Malntan a file for each qualified claim or loss which shall be available for review by the CLIENT. do Adjust, seitie or resist all qualified claims or fosees: 1) within the stated discretionary Settlement authority limit; 2) with specific approval of the CL ENT, if outs de the stated authority limit. Perform necessanj and customary administrative and clerical won~ in cormeclion with each qualified c~aim or loss. including the preparation, of checks or vouchers, releases, agreements and other documents needed ~o-finalize a claim. f. Establish and update claim reserves as needed. Assist the CLIENT in establishing a banking arrangement for loss and expense payments as set forth in Schedule II. Notify CLIENT. CUENT's agent or: ca.ers, as designated by the CUENT, of all qualified claims or losses which may exceed the CLIENT's retenf~on and, if requested, provide information on the status of those claims or losses. Coordinate investigations on litigated claims with attorneys representing the CUENT and with representatives ofthe excaas cal¥ier, as required. It is,expressly understood that ail legal costs and loss payments will be charged to the CEENT_ j. Have GB's ir~emai product'Support staff review large and unusual claims at no additional cost to the CLIENT, unless specified in Schedule V, Investigate and pursue subrogation poesibililias on behalf of the CLI, ,ENT in all states permitling subrogation. Funds received fi'om all subrogation collections shall be considered revenue of the CLIENT. L Maintain an auk=mated loss and information system, and provide the CUENT with reports from RISX;FACS~ as set: fOrl~ tn Schedule V. m. Provide forms, as determined by GB. needed ~o administer the CLIENT's program. Provide additional ad hoc informa6on, analysis, reports and servicas on a time and expense basis. -'3- o. Assist the CU ENT in selecting appropriate experts or specialists as the claims may require. ~-~ p. Provide p~rsonnel needed to oerform the services agreed to herein. and With re<jard to Risk Control Co~sulting~and:Appraisals. GB shall pi'o~ide the services set forth in Schedule V. eV. counts at the lath, 24th, 36th and 48th montfl. CLIENT ~ specified under the Billing and I clams or losses, allocated loss expenses, advance funds to pay losses, eserves the right to charge 1% per month, or the GB agrees expenses., pallJes a voucher system for loss and expense paymants. allocated loss or loss andeXPense vouchers submitted by GB 4o It i~ expmss~ u,nd~ .l~t GB SITall n.,~ he required to a~l?anc~ ~ own funds to ,pay losses, an~l. Ga shall have aLithoriN ~ ¢0r~mitthe'CLl~ENT~$ {Unds~ up,to the diScrefiona~ payment limit set,forth in Schedule IlL GB shall be ~ failure of CLIENT to make payments witttin agreed to 0e'~=~3018~ -4- SCHEDULE I11 :[F..KM~.AND CONDmONS ' Discretionary Settlement Authority - The limit on ~any se~lement payment by GB shall be aa set t'ort~ in Scheduie V_ It is agreed tha~ GB shaft have full au~ork'y in ali matters perl~i~ing to the payment, processing. ~ or,o=s ~m,n sucn ,m~sna, not su~'t GB to liability to, any party in the event of an adverse judgment entered by any court or the settlement of such claim er loss for an amount in excess of such limiL ?L ~ .con ~.a:~'~ .penoa w g~v!ng' the other party wntten no, ca of intent fo Cancel or renecjotiate at east sixty (.ou) eays in advance. If timely notice of cancellation is given, this con~act shall terminate upOn the expiration et the current tenn. S ~ch~_ ~.u.~ V. ?.B a~.rees that all claim lg.e? far ~aims incurred during the con~acled ~ W,~u~ ?ar~.. .leo. /or no a~a. j .~onal te~s for as long as the CLIENT continues to renew at least .50% of ...?~ran~ ~:tn,? Agaric l..n the event .of.cancellation o~ ~1 of 50% or more oftt~s program, p r~e~ pnor [o 'me oate ~ termmaaon only ~f CLIENT pays GB, within established terms, to conl~nue han?ng o~ clairm?; at G~ S I~..v~l.i~ ate on the date of termina~on. A reduc~l RlSX-FACS~ repomng Par~agewmoe provided at the CLIENTs expense. Bankingand adminislral~on fees will be charged to the CLIENT as [png as GB handles the claims. Co If the ( the contract past claims ail files to ~ CLIENT in manner. Costs for file ~ agrees any other service Dm and and I~eep rGB. shall:suwiye termination of this Agreeme~ Em -5- Notices - Any notice required to be given under this conlract shall be sent by cerlifiea mail to the following in the case of Mr: Robert Mason Chief Financial Officer Mr. Chades Magazine Successors/Affiliates- This contrac the the i ~nceptlon of Managed ii f~=e in -6- L ReD°~l~g - GB will not assume that other coverage (unknown to GB) exists for a qualified claim or t~, GB shall not be responsible for repor~ng to camera on a type of claim or loss not managed by GB_ M. ~J~L~t~s.- GB shal/not be responsible for any fines or penalties assessed by any governmental ~9Be~.cy..bec~..use of ~e ~ ? omissions of the CLIEN'~. or by previous or suGcessor daim admin strators. _~ sn~aH .no.[ De r.es~, n?bfa mr any ~nes cr penal~ as~?~d as a result of delayed submissions of firsl repor~ oT injury alia TO IIl~ccur~t~e or Improperly reported information provided by the CLIENT. mSpecUon ~p~o aeaDy (~Bto ~UE:~IT_- 1. to the CUENT only and shall not be constnJed as r defects; Such Services to, 3LIENT and shall not be ~m.smJed as cresting arly duty without limitation, any duty to warn any third C~!EN~ ~al! .make na~mUntal~o~ t~ any third ~ corceming me role or nalum of GB's services w~mout me pr,~r cenSerft Of GB. If GB f il~ tC~ comp~m~ ~'m contracted Risk Control Consulting Services during the ~erm of this ~t ~d~ to the C~ENI's ~ to ~,opeMte with GB's ~ce daiive~ 0b'~, ~ .~C~_~:S~X ~((=~ I'~nths In ~lch to comPleto the conbacted service~ If the CLIENT fails to ~ me ~ servlceswiil be cleemed to be fulfilled and CUENT shall not be eru~tled to .n?rea ~d' ~r services not provided. If for any reason other than CLIENT'$ lack of cooperation, GB ,is ~ ~.te__ .t.he can~ ~ durin9 th.e. t:eflTt of ~e Agreement, then CUENT, at its ~re.~n:.may e~ner rece~ve a refund for that I~rtion of the contracted Services which were not comple[ea or may extend the time for compl_t~_'oq of the contracted services hv a ~Reco. rds Re~ _- G? will ~n ~aim files for 24 months following date of dosare. 'rherea .ff~r. flies~ will De relumed t0 I~e~CUENT or forwah:led to sUCh I~ as may be designated by the'cueNT f~ con ',J~ued stor,age.:r. ~a ~,fl~m ha~ _-~.py ?ecks ~or 24 months fallowing the dat~ of bank ~learahce. Thereafter copies oT crlecl($ W~lbe malrll~fled O~ ~e. aubrcoation - To the extent GB is involved in pursuing recovedes against third parties or otherw/se ~_ld~kci,? .s~.,bmga, tion. _a?vifies on behalf of CUENT, GB is authorized to collect in the ,ama of the no.~)~e~°.r!_n_~m.e..n~an.~_~,~2u, a? fu.ndsdue, as. msultof such recovery or subrngationactivities. GB shall . ~ ,~, .mCl,ulrea to es~?~ D.~Sn any a'us~ ac~otmt~ for the benefit of CLIENT. but shall promptly and fu ly account auaes; an(] assessments re-b, bng to the se~ices prov decl hereunder CLIL~",IT _qh~ll hrdN (=.R h~r~. ~ al claims and liability arising frown CLIENT's failure to pay such taxes. 08tcq~0018892 Nqn-U.S. Dollar Transaction - In the event that GB handles any non-U.S. DOllar Cta~ms. CLIENT shall be responsible for any rate fluctuations. Clairr claimant, per up to this amount, sen,ice,term, provided but ont be limited to: medical examinations or other such reports Care services shall inclu(~e, but not.be limit~l te: reasonably ~. c City of Boynton Beach Servic~ Period: From 411/00 to -8- SCHEDULE V - ND FEES 1011/00 GB Client #: SE~ICL~ PROVIDED: Incl SERVICES PROV~ED: A. Claim~ Adml~stn~n C. Lm~ Ftmdb~ · Auto Uab~ - a~W~, injury (AB) x SIMMS Aato Liabik'y - pl~oetty Damage lAD) X voucfle~ x AUtO Pflyslc~ O~age (APD) C~e:tt Ovmed ~ ~E~.- ~ ~ (~) X ~p~ R~. ~el$ ~ ~i~ To~ ~ R~ Le~ S~,0~ x ~al~ M~ X W~' ~6m ~) I~u X ~ O~ ~ X B. I~ 8~ U~~ ~SX~A~ D~ 23.434 ADDITIONAL SERVICE TERMS'AND CONDmOHS: Clleflt will be billed against the Inlltal claim deposit of $15,678 et the following per claim rates: Auto/General Liability Bodily tnju~/~ $620 per claim At~to/GerteraJ liability Property Damage ~ $316 per claim BILLING AHD PAYMENT TERMS: F~e is payable in 1 installment beginning 411lQ0. Fees are payable upon rec~pt of invmce. GB reserves the right to charge 1% per month, or the maximum legal rate, on balances unpaid after 30 days. 06~qU)oOlSa~2 VII-PUBLIC Hi:ARING ITI:M A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] March21,2000 MarchS, 2000 (5:00p.m.~ [] May 16, 2000 ~ April4,2000 March22,2000 (5:00p.m.) [] June6,2000 [] April 18. 2000 April 5, 2000 (5:00 p.m.) [] June 20, 2000 [] May2,2000 April 19,2000 (5:00p.m.) [] JulyS, 2000 [] Administrative [] NATURE OF [] Consent Agenda [] AGENDA ITEM [] Public Hearing [] [] Announcement [] Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 pan.) May 17, 2000 [5:00 p.m.) June 7, 2000 (5:00 p.m.) June 21, 2000 '5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION:: Please place the request below on the March 21. 2000 City Commission agenda under Legal - Ordinance, Second Reading. As you may recall, at the February 29, 2000 City Commission meeting the request to amend the previously approved PID master plan in connection with an amendment to the DRI as listed below. Staffrecommands this request be approved. EXPLANATION: PROJECT: QUANTUM CORPORATE PARK DR[ AMENDMENT #10 AGENT: Winston Lee & Associates, Inc LOCATION: Quantum Park DESCRIPTION: Request to amend the previously approved PID master plan in connection with an amendment to the DRI as follows: Change the master plan land use designation of lots 3 and 6 from Office/Industrial to Industrial Use; lots 39 and 40 from Office/Industrial to Governmental and Institutional Use: lot 50B from Off'ce/Industrial to Industrial; lots 59, 60 61, and 62 from Office/Industrial to Mixed Use; lots 63, 64, 65A, 65B, 66, 67A, 67B and 67C fi'om Office/Industrial/Commercial to Mixed Use; tots 76, 81 and 82 fi'om Office/Industrial to Office/Iadual;ial/Commercial Use; lots 83, 84, 85, 86, 87 and 88 fi'om Office/Industrial/Attraction and Recreation to MLxed Use; and lot 91 from Office/Industrial/Commercial to AtWaction and Recreation Use. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:N/A Depaff~efit'ofD~v~lop~nentXDirector ' '/ City Manager's Signature PlannIng and Zoning Director City Attorney / Finance / Human Resources \\C/tX2vlAIi~SHRDATA"P L AiqN IN O\ SHAKF~\WPkPROJ~C T S\QUA?~i~JM 2000~DI~I%AOENDA REQLrjSST FOP. CC 3-21-2ND P~DG D0C Requested CiV/CollllillSSlOll L. Meeting Dates [] March 21, 2000 [] April 4. 2000 [] April I$, 2000 [] May 2, 2000 NATURE OF AGENDA ITEM VII-PUBLIC HEARING ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM March 8, 2000 (5:00 p.m.) March22. 2000 (5:00 p.m.) April 5,2000 (5:00 p.m.) April 19, 2000 (5:00p.m.) ] Administrative [] Consent Agenda [] Public Hearing Requested City Commission M~ting.Dateg [] May 16.2000 [] June 6, 2000 [] June 20, 2000 [] July 5~2000 Date Final Form Must be Turned in to Cit~ Clerk,s Office May3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) Juno 7. 2000 (5:00 June~21, 2000 (5:00 p.m.) [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Please piac~ flae request below on the March 21 2000 City Commissioia agenda unde~ Legal- Ordinance, _Tltir? Rendi~. g. As you ~ rem at the February 29, 2000 City commission meetingithe request to amend Chapter 2, Zoning; SecUon 7.E. and 7~. to allow residential, attraction, recreation and mixed uses l(Residential/C ommercial) within a Planned Industrial Development Zoning that totals a minimum of 500 acres was approved. Staff recommends this request be approved. EXPLANATION: RESIDENTIAL, ATTRACTION, RECREATIONAL AND MIXED USES~IN THE PID ZONING DISTRICT Agent: Winston Lee & Associates, Inc. Description: Request to amend Chapter 2, Zoning, Section 7.E. and 7.F. to allow residential, am'al .~ion, recreation and mixed uses (Residential/Commercial) within a Planned Industrial Devetopmem Zoning that totals a minimum of 500 PROGRAM IMPACT: ~N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning and~Zoning Director '/' ' Ciq/Mhnag~drrs Signature City Attorney ! Finance / Human Resources CITY OF BOYNTON BEACH R~quest~d City ~onunission Dat~ Final Fo[~ -Must bo~Turned Re quested ~ity Commission Date Final Form;Must be Turned ~, - in tfi City Cl~rk~s Office ~ in to Ciet', cierk:s Office [] D~¢e~iber 21 I9~9 member 8, 1999 (5:00 p.m.) [] F~b~ I5, 2000 February 2, 2000 ~5:00 p,m.) [] FebmalT 29, 2000 [] January 4, 2000 NATURE OF AGENDA ITEM Decvmb~r 22, 1999 (5:00 p.m.) [] Adminislrative ~], Public Hearing [] Bids ooncemen [] Mar~h 7. 2000 Febmavj 16, 2000 (5:00 p.m3 [] Development Plans :"~ ;New Business [].,~ Legal ~: i UnFinished Business [-I Presentation RECOMMENDATION: Please pla~ the reques~ below on the February 29, 2000 ~y Commission agenda under Legal Ordinance - P' Reading. The Planni~gind Development Board with unanimous v0f~} recommended approval including omitling sl~Tcondit~ons #2, #3, ~4, ~; #9, and #10, in pan, based on their fmding~h~ the subje~ request is not. a substantial change to the master plan and theref~ additi0nal,in fq ,nnafion is not ne~ed..Th~;~ does, however, regommend an additional condition that limi~ Quaq~ park t0;a~maximum of 500 dwelling ~}~r,further details pertaining to this . request see attached Departmen~ ofI~el0pmen~Mem0rendum No.,PZ00- 03Z aii~t,iuached Ordinance. EXPLANATION: PROJECT: QUANTUM CO/,Rt~RATE PARK DRI AMENDMENT #10 AGENT: Winston Lee & Ass~o~iates, Inc LOCATION: Quantum P~rk : DESCRIPTION: Request to amend the previously approved PID master plan in connection with an amendment to the DRI as follows: Change the master plan land use des~gnm~on of lots 3 and 6 from Office,/lndusmal to Indus~ual Use; lots 39 and 40 from OffiC~mdusu'ial tO Governmental and Institutional Use; lot 50B from OfficedIndus~rial to Industrial; lots 59 ~ 61 mid~62 from Officedlndus~rial to Mixed Use; lots 63, 64, 65~A, 65B, 66, 67A, 67B and 67C fi.om Offi~l~ndus~ Commercial tO Mixed Use; lots, 76, 81 and 82 fi.om Office/Indusmal to OfficedIndustnal/Cgmmer~al Use; lots 83, g4, 85, 86, 87 and g$ from Office/Indusmal/Awacuon and l~creation to Mix61i,Use; end lot 91 from OfficedIndusUial/Commercial to Atlraction and Recreation Use. PROGRAM IMPACT: N/A FISCAL IMPACT:. N/A ALTERNATIVES: N/A Planning and Zoniv~It-n'ector ity Manager's Signatlire- - - City ARorney / Finance / Haman Resources TO: FROM: DATE: DEPARTMENT 0,= ~VELOPMENT 4E OP, ANBO f" i Z'00 037 Chairman and Members PIanning and/.,t~D'~I~I°P,ment Board Senior Plann(,e~_~' February 17, 2000 SUBJECT: Quantum Park - DRIA 00-00I/MPMD 00-00t Master Plan Amendment #10 - Quantum Park and Village NATURE OF REQUEST Quantum Park of Commerce is a -west .amendment to Ordinance Ordinance Nos. 86-11, t : (ORI) the (See oy ~"~hang~ .... ~s foJtOWS: Change in me, Master P an designatJor~ ef Lot. s 5 .and 6. from Office/industrial to Industrial use; 2) Change in the Master Plan designation of Lets 39 and 40 from Office/industrial to Governmental and institutional use; 43) Change in the Master Plan designation of Lot 50B from Office/Industrial to IndUstrial; Change in the Master Plan designation of Lots 59, 60, 61 and 62 from Office/Industrial to Mixed Use; Change in the Master Plan designation of Lots 63, 64, 85A, 65B, 68, 67A, 67B, and 67C from 6ffice/lndUstrial/Commercial to M xed Use,; Change in the Master Plan designation of Lo~s 76, 81 and 82 from Office/Industrial to O fmice/indus~al/Comm e rcial use; Change in the Master Ptan designation of ~.ots 83, 84, 85, 86, 87, and 88 from Office/Industrial/Attraction and Recreation to Mixed Use; and 8) Change ~n the Master Plan designation of Lot 91 from Office/Industrial/Commercial to Attraction and Recreation use. BACKGROUND An amendment to a Development of Rog ona mpact (DR) s first and f~rer~osi, ~ goVernedby Florida Statutes Chapter 380.06 (19) - Substantial Deviations. 'l?fe applica?[ has s~g~bmitted a Notice of Proposed Change (NOPC)in accordance with the statut(~rY re~uir0m~r~t$. ~he NOPC is reviewed by the Florida Department q~ Com.muni~y Affairs (~D~A). :the~.Tmasur~ Coast RegiOnal Planning Council (RPC)and t.he ~.~ ~h~ [JCA and t~ LRP~ re~w, ~t~e.,~i;oposed NOPC and provide comments ~il(iWi~g th~ j~rb~edb?~S ~ut ine The that to t nota., ANALYSIS Notice of Proposed Chan.qe(NOPC) -- Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlinee in Chapter 380J36 (~tg), In mviewin¢ the statute ~ection staff determined that at least five of tlie cr ter a apply to the proposed change for QuantumPark, DRI. ,The first three cntena, fall u~der~. subsection (b) which reads as follows: "Any proposed change to a prewously approyed development of regionaL impact or developme0~ o~'der condition which, either individually Or cumulatively 'w~i~ ~)ther changes, exceeds a~ o~ the following criteria shal constitu~ :a substantia'l deviation and further developmen[-of- finding of same by the local governm~ discussed below. 1. Chapter 380.06(t9)(b)9. An increase in the number of dwelling units by 5 percent or 50 dwelling units; whichever is g~eater. The proposed change introduces a new land use category into the DRI Master Plan - Mixed Use. The Mixed Use category includes an addition of 500 residential dwelling units. The proposed change exceeds this criteria. Based on several conversations with representatives at DCA~ additional cdteda app y n the case of a new and Use not pr~Vi0usly introduced,in,the DRL in tbs case the critera outined n .Chapter 380.06(;l~,)(e)5.a. applies. 'FhatCriteria is discussed below and woud over ride the determination ~above. ' Ct An increase in commercial development by 6 acres of of gross floor area, or Of parking spaces in any ',of these o cf (Note 768, The offset ired The Vehicle The ~ with the NOP~-that provides tdp ithat a Dy the sufCtdent to information ' the ~a~ch 7, The fourbh in Chapter' ~ regional i be ~ ~. Such may 5 percent o~' more~ of the ~pmer~t Order. The proposed Change introduces a new category of land use identified as Mixed Use. This new land use category is proposed to include a,mix of commercial office and 62.38 D:R:I. The the If the the 8 Determ the The 4 set of changes introduce into the Master PIan the~62.38 acre mixed use development known as Qua rum V IIage. A descriptive summar7 of these changes is provided below. Lots 3 and 6 The [and use. designations for these Iot~ h;:ave, been changed to Industrial (I) from Office/thdustria~ (O/1) The Change is being rn~de ~to be cons Stent ~v t~ the aPProved s tep ahs for Warehouse;:distributfon and Storage 'facfi t~ ~s. These:fac ities are Bocar properties 4 075 ac es (Lot 3) and Stanton Magnet cs, 2.232 acres(Lot 6). Lots 39. and 40 The and use for these two lets has been ~changed~to Governmental, and .Inst tutional (G&I,3 from Officeh~tdustdaL ~'hese,.lots were purchased b~;i[the Palm.Beach County School 'Board and are use~d:.for 'parl4 ng purpo'ses~ Th~ tof~a] acreage of~;tw0 lots s ~:008. Lot 50B This 4;250 acre lot has been changed from Office/Industrial (OI) to Industrial (I). No explanation was given. Lots .76, 81, 82 These lots have been changed from the O~c~/industrial (OI) land use ¢,ategory to the OffiCe/Industrial/Commercial (OIC) category. Th~ previous DRI Amendment #9 changed them to their'curren~ t01)designation from the proposed (OIC) des gnation w thout consent from the subject proper~y owner. No. ether exp[anatioh ~as provided for this change. These three .lots cor~prise 12:823 acres. Lot 91 This lot has been changed from Office/Industrial/Commercial ('AR), This change is ma( facilit?~ known as "Frozen Ponds". Tract 91 designation proposed for this site is Reg or~al Panning Council. 'l DRl"definition for the AR land use schedi~led public hearing for this NOPC, "Commercial" designation, and vadous other unanticipated "Commercial" acreage increase. ~Attraction and Recreation - skating aces. The (AR) land use for appropriateness by the Treasure Coast staff whether Frozen Ponds meets the , if any,. will be available for the ! to maintaining this lot with the this and88 These 18 Lots are being (OI); OfficellndustriallCommercJal to Mixed Use (MU). The Mixed Use category is not clearly defined at thi ~ time but will include a comb~natior{ of office, commercial and residential land uses. and Village" was submitted with the application. This type of "urban :village" concept that is the departure from the original Park DRI specifically due to the introduction of residential land use. A total of ! residential dwelling units are proposed for this site. The conceptual site plan is not the subject of ar~y approvals at this time. The total land area for these 18 lots is 62.38 acres. The major focus of the analysis for this Master Plan amendment is the proposal for-the:_Mi~ed Use ~an~l use category. The Quantum Park DRt-has been amended, nin~ t me`s` over the ~year~ which ism~t unusual for a.,ORl of this, ~ype~.~he~ ROdda,~Statute ~vernin f:he,DR! r~cess. Cb~B~.e;~80~8~lg,'}~ ..r~.v, 8~iS, f~0~-~d'ariti~i~;~es~e.~ncl. ~e,ts~statin ;that" ~e~e. ~a o~ re~s ~y ca developer: racy W sh ,~o ~roBcse, changes to- an ap e~ regional ,~&ct, InCluding ch~nqe~ ma~ conditions";; : The Proposed change re characte~ ~!e~e!0pm~n r~ui~tiCn~ D~vel~6me~ Reg:~! a~on~ Regional Impacts A development has gone through the DRI ~uested by Amendment #10 is a significa, nt departure f~rom t~e e~¢ ng bec; are will any data including, AM a~d tha CO~SL qf the The Department ef. Cemmunity ~ffairs and, th,e-~re~Isure C~ast Regiona Ptann ng Cound! focus their rewew of the amendment on regional ~ssues ,exclusively. Staff has received prehm~nary comments, from F~DOT regarding traffic Which also requests .additional information be provided by the al~pljc~E~; ~Both DCA and th~ EPO.co~rpeh~S ion this~ project wilt be available on or after- Feb[u~ryi~5,!2~OC~, whiCh is their deadline f0~ re~/i~tof this ameddmenL Comments from these agenc e~ ~i be nserted rlto the., analysis~ Once rec~i~ed. 6 Consistency and Compatibility,with City Policies Comprehensive Plan - In-the NOPC:for this amendment, the a tO ~mendment. It is true tha I ,'Commercial and Local Reta such in a panned industrial distriot. The Local residential development. use. use and No mo[ed for the to Polk ad( land :an and enforce the development of Indastr a areas in' Order to maximize the I[hkage tO 5 to the Quantum Park PID/DRI, staff has '.industrial use. As stated in began with the accommodationrfor the 40 adjacent acres (12 parcels) from the of several parcels from "Industrial" or "Office" ~osed change for Amendment #10 cont hues park development to an expanded mixed use concept It 'is e~ick,~,,~frCm :~he reqiew 9;F t~ei Compreher~ive Plan that the current policies .of the City maintain ~¢¢{d~ ~rdote' the a;vaCil[al~'lity of and :fOr Industr a dove opment as we I as pr°v de fOr certain t~ad t~onat types of.. m xed,use' dove opment. The amendment as proposed cha enges those policies. Although no additional acreage is proposed, the amendment changes the distribution of [and uses in the Quantum Park DRI by reducing industrial and office uses, increasing .commercial uses and adding a residential component. One purpose of the Future Ap~ and The ,,pCeco~ed change:to the Quantum Park DRItPID require~.-~he Cit~-~'-,shi,ff~,its ,~licies re a~]qg.[qdus~al, and, use. In order, to accommodate, the ~ ~f mJx~ ~s~ ,d~e~pmen~ preF~s~8~,~r; th,s, BD,:,-(he comp~ehenswe Plan and ,Land .... . , RECOMMENDATIONS asse~i~:,~:~appiiCa~' ~USt p~evide addition:al; inform~ti0A,~fO~e,}~,.~;~i~A~g~;of: substantial deviatio~ is made by the City. The additional information which must be provided includes: 1. Traffic analysis data requested by the City and McMahon and Assec ates~wh Ch analysis - is found by McMahon and As~sociates not to create additional regiona~ impacts The Substantial. Deviation Determination Chart-showng that the ;increases and decreases in the Quantum pa~k DRI meet the threshold requirements of FJodda Statutes Chapter 380.06(i 9)(e)5.c. ~ .... Regarding the modification to the Quantum Pa~k~ Master Plan staff reco ~mmend~that the request' be condj~gnally: ~p~OV~d' subject to the app cant. filing and rece vi,g ~l~rO~a[ -~for.;;a text amendment to';~he Cor~pr~hen.~ive elan and the approval:of the zon ng ~Ode ;rev s~or~ a~le~ving residential Uses in a PiD:' ' ~ QUA O1' 'UM ./ --'0 1/8 400 '80C' FF_ F~'I" EXHIBIT "B", '1 .8,, IISIHXEt '" "' Project name: QUANTUM PARK DRI File number: MPIvlD 00-001 Reference: REVISED 1st Review, New Site Plan. File with, January 11, 2000 Planning and Zonin, DEPARTMENTS iNCLUDE [ REJECT PUBLIC Comments NONE : X ~ UTILITIES' ' ' i. The masterotan indicates a significant change in Usane from office/ X' commercml/mdustnalto mined use in several locations Adding a residential compqnent will require a re,review of thff water and sanitary : sewerdemands to be placed on our systems. Plea.qe have the applicant i~ provide ~stimated demands for all of the proposed~changes. · FIRE . ~ Comments: NONE X POLICE ' ! Comments: NONE X ~ BUILDING DIVISION Comments; ~2. Submit a letter describing the proposed changes. X i3. To verify compliance with the maximum intensities that are described !i X i within note number two, submit square footage computations' of the gross :~ floor area of the existing sites that have development order approval. 7. Identify the lot number and total floor area square footage of all sites with .t- development order approval. Total the floor area and categorize them in the 'i land uses that are identified in note two. ENGINEERING DIVISION }~Commentsi NONE X ARKS AND RECREATION :i Comments: NONE X OREST RONmNTALIST_ ? >i Comments: NONE X ~PLANNING AND ZONING Page 2 Quantum Park DRI File No.: MPMD 00-00l DEPARTMENTS ' INCLUDE REJECT Comments.; - . 4 The,:Notice pf Pro,posed Change (NOPC) document which accompanies this ". X, ' Ma~ter ;Ptan/-e~isi0~i doe.s n0t. ac¢0unf Tor Quafimm 'Lots '83-88 in tllb ..... narrative provided for ,~uastion ~,5. ~dd ,~he;e lots to the list as 5.11 ehangitlg the us~ fdSm: OIm AR, to MU as shown on the Master Site Plan and ~ro~.~Le4!.. i~.the ac~e .,~J~la on,.pgge~4 ,o.f th~ NOI~C; rel~ort. A[so,~ .... .1.997 ~y~Ovd..man. ee..~9;-097:'20:~ The ~OPC document, page: 5 show, s the date b~ad~P,fi6.n:a''' s. Ma~el~ 17. t99,,7,~,.~, , , 5. Revise Item #2 und¢~ tho Np~s i,so,~c~i~_n,. ,to, ~;: .. ref t h, ini nsit s. 6 Under~th* conditionsof Amendment ~g to the~ Quantum Park D.O:and .... - ..... X Chapter, s,3, Article IV of thaiLand D~Ve[0pman~ Regulations a:~ aalysi~;i~ raqiiiied ff0i~ ~hi? Masf~i Plai/~i~[Oqal. In i/daiti0tl ;i'tr~;ffic '' ' ~ubs~¢lDeviatien~};Atra~cstateme~a~:pr°Vided hut !sin~fficient ' . · to Pro,vide the analysis requi[ecL provid¢;a.t~a '~ analysis for Amendment . #10r :-0-., j - ~ AM and ~.M. Peak ,analysis for use~,proposed in Amendment #1 O, pa~ularIy th~ 50?residentialanits, - - ;iiii.dist;ibutiofi,, md assi~ent roi- the Proposed use changes, . c~m~arafivetxi~ :geae~on,:~able pro~idin~ idata for the uses~originally approved, those te~ntlyCapproxred (Amendment #9) and those uses ;FtI}~.traffi¢ a!la.l~i~ ~!~ ~;eVi~wed bY an independent traffic . , 7. Quantum Park DRI de,.m?~l!Zilent ts delinquent ll~ providing the reqmred X annual report for the y~,9?~.~.ln addition, the~ 1999 annual report ts due ~ February. 15, 2000. A~a[ ~p[iis'mti~t be' provided in order to maintain the existen~ afth~ ~0 atiil,~e.vegied fights associated with it. As a COnditioa of appr~Yal: ofthis ~ff, '~ ~la~ Am~eadment ~1~0 the 1998-99 Annual repor~ ~ay~b~'eom~i~/tqi~Ubmitted~ to the City's Planning and 2000.: 8. IndustrY[ tracts #47,-~ian~7-B are not labeled on the Master Site Plan. X Labe,[ ~se traCts. 9 ApproVAl of the Maste~ Plan is contingent upon a finding of no substantml X deviatioai~hy the City.,~ke applicant must provide addxtional ~nformat~on before ~ ~e~erm!nati0r~!ot~r~isubstantiai d~viati°n is made. The additional information includes: ii - . Traffic analys~s:Oam;requested by the City and McMahon and 'AsSoCiates ¢~Cfi~sia is found by McMahon and Associates not Quantum Park DRI - . ...... Fil~ No.: MPMD 00-001 DEPARTMENTS ; INCLUDE REJECT to create additioniil.regional knpacts., - The Siab~antia[ Deviation Determination Chart showing that the increases a/~d decreases in the Quantum Eark DRI meet the three'bid req'uiiT~ments of Florida StatUtes Chapter 380 06( l 9)(e) 10. Approval ofthe Master Plan i~ confine6nt,upon~e applicant filing:forand,, --~- X receiving at~i'0val i'dr a ~X~ a~endtuent toh~ Compr'ehensive~Pl~n ~ '.. permit residential usa,in ,t~Indush;ial I1. Approvalofthe Mast~-~Pfa, n,i~contingent upon, tlle~.ap~roval of~the- X applicant' ~' - --s c6~, reYisior/i~eqfi~ tb l~etmie r~sid~r~tikl ~=elopm~nt:for:large ADDITIONAL ELANNI~G AND,DEVELOPMENT 12. Delete comment.#2. X 13. Delete comment #3. X 14. Delete comment #4 X 15. Delete comment #6, X 16. Delete comment # 9. X 17. Delete comment X 18. The Quantum Park PID master plan shall be limited to a maximum orS00 X dwelling units. ADDITIONAL CITY COMMISSION COMMENTS 19. To be determined. ORDINANCE NO. O - 00-~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING XZ-LEGAL 'rTEM A. I WHEREAS; RitecO DevelOpment Conpotatlon, a Florida ("Riteco') ~iled with the City of~Boynton Beach (the,City') an Application'forD~,~el°Pment Approval 3f Comprehensive .Development of Regional Impact (the 'ADA"i 0~i'Ma~ 21, 1984, regarding that certain.property (the ~Property") deschbedin Exhibi{*~A", attached hereto and made a part of hereof; and WHEREAS, the ADA was approved and the Development O~der.~for the Property was granted December 18, 1984 pursuant to Ordinance No. 84-51 (the "Development Order"); and WHEREAS, Riteco subsequently conveyed its right, title and interest in and to he Property to Boynton Park of Commerce, Inc., a Florida corporation ('Boynton Park"), and, Boynton Park, in turn, subsequently conveyed its right, title and interest in and to ~e Property to. Quantum A~sociates, a Florida general partnership (the "Developer"); and WHEREAS, the City approved previous applications to amend the Development Irder which applications were approved by the City in Ordinance No. 86-11, Ordinance 6-37, Ordinance No. 88-3, Ordinance No. 94-10, Ordinance No. 94-51, Ordinance 96- Page 1 of 6 33, Ordinance Ne~?~96:65,, '®.rd~nan~Ne;~.97,20}~and Ordinance No. 99-05: and ~ecreation (AR) land use designation for this loot to reflect the approved development ~s a dual ice rink-skating facility. The proPosed change is requested without an increase in the total vested tdp eneration of 65,752 trips: No Change to the DRI is proposed other than as set forth erein. WHEREAS, the City Commission of the City of Boynton' Beach, as the governing 3ody having jurisdiction; is authorized and empowered to consider applications for amendments to development orders approving developments of .regional impact ~ursuant to Chapter 380.06, Ftorida Statutes (1996); and WHEREAS, the City Commission. has considered the testimony, reports and ~ther documentary evidence submitted as said public headng by Quantum, the City staff and the public, and the City Planning and Development Board's recommendation of the 22"" day of February, 2000; and WHEREAS, said City Commission has considered the testimony, reports and 3ther documentary evidence submitted at said public headng by Quantum, the City staff and the public, and the City Planning and Development Board's recommendations of the 22nd of February, 2000; and WHEREAS, said City Commission has considered all of the forgoing. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. A notice of public hearing was duly published on the 26th day of February, 2000, in the Palm Beach Post. a newspaper of generel circulation in Boynton Beach, Flodda, pursuant to Chapter ~380.06, Florida Statutes, and proof of said ublication has been-duly filed. ~ecfion 2. The Development Order shall be amended to include the following provisions: .ots 3 and 6: Page 2 of 6 The Lot 3 and Lot 6 Land Use Designations have been changed to Industrial (IND) from Office/Industrial (OI). The changeis made to be consistent with the approved Site Plans [or warehouse, storage and distribution developments. Lots 39,and 40: The land Use Designation for the lots has been changed to Governmental and .ot5QB'. '~er Lan~ Use Designation has been changed: from Office/Industrial (IND). Lots 59 60 61 62: These lots were previously designated as Office/Industrial [OI) Land Use. The Land lse has been revised to "Mixed Use (MU)". The proposed Mixed Use Land Use )esignation includes office, commercial and residential uses._ _ots 63. 64. 65A. 66; 67A. 67B and 67C: these lots were previously designated as Office/Industrial/Commercial (OIC) Land Use. 'he Land Use has been revised to "Mixed Use (MU)". The proposed Mixed Use Land Use Designation includes office, commercial and residential uses~ These Lots are currently--designated as Office/Industrial (OI). The previous Office/Industrial/Commercial (OIC) Land Use Designation was amended by Notice of Proposed Change No. 9 and the revised Master Plan submitted in support of that change. It is proposed to change the designation to Office/Industrial/Commercial (OIC)o Lots 83. 84.. 85. 86. 87 and 88: 'he Land Use of these lots was previously designated as Office/Industrial (OI) or ~ttraction and Recreation (AR) Land Use~ The Land Use has been revised to "Mixed LJse (MU)". The proposed Mixed Use La~d UseDesignation includes office, commercial and residential uses. Page 3 of 6 Lot 91: The Office/Industrial/Commercial (OIC) designation has been changed to Attraction and Recreation (AR) land use designation for this lot to reflect the approved development as a dual ice rink-skating facility. Section 3. The Development Order shall also be amended'to include the Conditions of Approval, attached and incorporated heroin as Exhibit ~B". Section 4~ 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 achieyement of the objectives of ~he adopted state land development plan applicable to this area. B. The amendments proposed by Quantum ara consistent with the local comprehensive plan and aro, or will be, consistent with the local land development regulations, subject to the conditions outlined above. C. The amendments proposed by Quantum ara 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 additionat regional impacts and therefore do not constitute a substantial deviation under Chapter 380~06, Florida Statutes (1996). Section 5. The City Commission has concluded as a matter of law that these roceedings have been duly conducted pursuant to the provisions of Chapter 380.06, Florida Statutes (1996), that Quantum is entitled to the rolief prayed and applied for, and Ihat the Development Order is heroby amended incorporating the amendments 3roposed by Developer as set forth in Section 2 above. Page 4 of 6 Section 6. Except as otherwise amended herein, the Development Order shall emain in full force and effect. Section 7.-AIl ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8. Should any section or provision of this ordinance,p~ portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be Section 9. Authority is I~er~y,:grapted to codify said ordinance.~ ~ SECOND. READING .and ,2000. .2000. FINAL PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA ~TTEST: Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner City Clerk S:ca%Ord\Quantum DRt - 2000 Page 5 of 6 DEPARTMEI~IT OF DEVELOPMENT MEMORANDUM No. PZ 00-037 TO: FROM: DATE: Chairman and Members Planning and D~v?~lopment Board Lusia Galav ~ Senior Plann{~..~) ' February 17, 2000 SUBJECT: Quantum Park - DRIA Q0-0011MPMD 00-001 MaSter Plan Ar~endmeht-#i0 -Quantum Park and Village NATURE OFREQUEST Quantum Park of Commerce is a par;tiaiJy built-out Deve Opment of Regional Im act DR comprised of 553.13 acres, zoned Planned I~ustdai De'Jel0pment (p D). It s oc~tPeaj o{nI thle) west side of 1-95, "between Miner Rqad 'eXt.,e,?ed and the Boynton Canal - (C-16). (See attached Exhibit "A" - Location Map). The applfcant, MFT Development, Inc s requesting an amendment to the Quantum Park DRI Development OCder (D.C.) adopted December 4 1984. by Ordinance No. 84-51. The original D.C. was subsequently amended hide (9) times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10,. 94~5/ , ,1, 96~.3,.3; 96-65, 97-20 and 99-~05. The current Master Plan for Quantum park s provided i~ E~(hibit B - Ex sting Master Plan Amendment 10 proposes to once again change the approved, uses on several lots in the Master Plan mainly to allow for a mixed use development called .~antum Park and Vii age~. The proposed changes tO the Master Plan are depicted in EXhibit C ' Proposed Master P an and described as follows: - ' ' 1) 2) 3) 4) 5) 6) 7) Change in the Master P an des gnatior~ ~f. Lots 3 and 6 from Office/industrial to Industrial use; Change, in the Master Plan designation- of Lots, 39 and 40 from Office/industrial to Gove~nrhental and'ihstitUtiO:nai.ute ' ' Change in the Master P an designation of Lot 50B from Office/Industrial to Industrial; Change in the Master. Plan designation of Lots 59, 60, 61, and 62 from Office/Industria to Mixed 'Use; - f~ha[~ge !p the Mast, er Plan des gnat[on of Lots 63~ 64, 65A 65B 66 67A 67B, and 67C Om Offf~ellndUstHal/Commer~ial'~o Mi~d'Us~; ' ' ' Change p: the Master Plan designat en~ pf Lots 76, 81 Off[ ..... ,, , , [ , i : , and 82 from Office/industrial to ce/Industrial/CommerCial use; Change in the Master Plan designati,enI Of Lots 83, 84, 85, 86, 87, and 88 from Office/ind~Strial/AttracUon and Recreatio~ l~o-Mixed Use; and DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 00-047 TO: FROM: DATE: City Commission ~'~ Lusia Galav Senior Planne~--~ Februa~ 25, 2'000 SUBJECT: Quantum Park - DRIA,00~0011MPMD:00-001~;~ , ADDENDUM This report is an addendum to the 00-037 information is 2000. Updated Substantial Deviation Determination ' As discussed in staff requested' ~ changesto the Quantum Park DRI. the Planni Traffic Impacts: The'a Board meeting that they generated from the for the~Qua'ntum Park E the applicant's traffic consultant Mr. indicated to staff that n at the Planning and Development show that the traffic man Consulting, Inc and this address icant provided a draft ,of the g and Development Board conversation today with Mr. Rog;er the Staff will make their final determination regarding the substantial deviation when all the information has been provided, in:cluding comments from the DCA and the Treasure Ceast Regional Planning Council. Attachments: 2. 4. 5. 6. 7. 8. 9: ( Department of Development Memorandum No. PZ 00-037 Letter from McMah0r Letter from Letter from Pindar' 17, '2000 11, 2000 TO: DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 00-037 FROM: DATE: SUBJECT: Chairman and Members Lusia Galav Senior Plann(¢~' February 17, 2000 Qi Quantum Park of Commerce is comprised of 553.13 acres west side of 1-95, between attached Exhibit "A" - amendment to the Quantum Ordinance No. 84-51. Ordinance Nos. 86-11 Master Plan for Quantum #10 proposes to once ~ mainly to :allow fo, changes to the Master as follows: 1) an 2) 3) 4) 5) 8) 7) Change in the Master Plan designation cf Lots 3 and 6 from Office/industrial to Industrial Use; Change in the Master Plan designation of Lots 39 and 40 from Office/Industrial [o Governmental and Institutional use; Change in the Master Plan designation of Lot 50B from Office/lr.~dustdal to Industrial; Change in the Master Plan designation of Lots 59~ 60, 61, and 62 from Office/Industrial to Mixed Use; Change in the Master Plan designation of Lots 63, 64, 65A, 65B, 66, 67A. 67B, and 67C from Office~Industrial~Commercial to Mixed Use; Change in the Master Plan designation of Lots 76, 81 and 82 from Office/Industrial to Office/industrial/Commercial use; Change in the Master Plan designation of Lots 83, 84, 85. 86, 87, and 88 from Office/Industrial/Attraction and Recreation to Mi,(ed Use; and 8) Change in the Master Plan designation of Lot 91 from Of'fice/~ndustrial/Commercial to Attraction and Recreation use. BACKGROUND An amendment to a Dove opment of Regional ,trr oact (DRJ) is first and foremost governed by Florida Statutes Chapter 38~.06 (19) - S~bstantiai De,,;iations, The applicant has submit:ted Notice of Proposed Change (NOPC) jn accordance with the statutory requ rements. The NOPC is reviewed by the F]0dda Department of Community Affairs (~CA)/ the Treasure Coast Regional Panning Council (RPC)and the City. The DCA and the RPO review the proposed NOPC and p~ovide comments following the procedures out~ine in Chapter 380:06 The City's Land Development Regulations Chapter I 5, Sec. 4.3A requ res a preim nary review by the P.!a?ning and. DeveloPment B?ard cf an amendment:to a~ DRI Chapter 380:06~F~S requires [nat the~ocaJ goverr~ing body hold a 'public hearing tO review and approg6 the NopC, The City CommisSion is::requi.r?d to determ ne whether the propos~ c~ange 'to the Q~anturr Park DRIis o¢ls not a s~bs~ant~al deviation as; defined n Chapter 380.~8"(19:). If ~ ? det~'n~ned that the reqde~ed char~g~e [~ a;;substa,tial deviation then further review W I 'be;req~Fed pursbaht to the statut~yl requirements.,,if the City Comm ssion determines tl~at the ~mp~sed c~r~ge is not a substantial deviatibn then they may take action to approve or ~ehy the'requested The original DR! Develo,p~ent Order, adopted, a Mas~ter P an' for Qu~nt,Jm Pa~ T~at: Master Plan has be~ amende~i o~/er'the: yearn, the latest change being rhode i~i~ March 1999 The proposed Arhsr~dment #1~0 alters the appreveC[, land .uses for that 'M~'Ste¢~'~i~h.' Ther&foi-e ~h8 review of the~ DRI amendment also constitute~ a review of the. changeS: to ,t~e Master Plan for Quantum~ Par~. in a~d[tion :tO the; state statutes', Staff has revi~V~e~l- tb~ ;Ma~ter P~an ih accordance ~ith LaOd- DevelOpment RegUlafi0ns~ Chapter 2, ~Sec~io~ ~'7, i: Planned' · ]nd~str': ' 'al Deve!op ,men./,and Chapter 3, Master Plan Approval. First review ce~m~rffs w~J.e ~n~¢a~t~d ~nd are aEachea asExhibi -" ·" ' , t D The appltcant re d~sted an e - · . · ~ q r xped~ted review schedul~e waive the opportunity of a~secdnd feV~ew~ by tho 'iRC; agreeing to A NA LYS IS ' Notice of Proposed Cha.qefNOPC,);-,Substantia[ Deviation The criteria for determ nin~ if a pr?osed, change tO a DRI is a substantial deviation are outlined in Chapter 380.0~ ('19).i lni reviewing the statute ~sect[en staff d~termined that at lea? five of the criteria apply to-th~ ,p~oposed C;i~nge for ?uantum Park DRI. The first tl~ree criteJ-~ia fa! under subsection {b) wh~dh reads as !fo l0ws: Any proposed change to a previousy approved development of regional ~mpact or developmeht order condition which, either individually or cumulatively With other changes eXCeeds an,y of the following crteda shall ~ansttute a substantial deviation and cause the ,development to be subject to further development-of- regional-impact review;Without the: .necessity, for a fin~ing of Same b government:". The applicable criteria U~der this!s~bsecfion are discussed below, y the local 1. Chapter 380.06(19)(b)9., An increase i~ the number of dwelling_ units by 5 percent or 60 dWefling uni~, whichever'is grea~er. - The proposed change introduces a new land use category into the DRI Master Plan - Mixed Use. The Mixed Use category includes an addition of 500 residential dwelling units. The proposed change exceeds this criteria. Based qn several conversations with representath/es at DCA, add dona crit;e~[a::;apP y n the case of a new land use not previous[? introduced in the DRI.' In' tt-JiS c~se,' the criteria outilne~' in Chapter 380~06('J?)(e)5~a'. applies. ,That Cdted~ is: d~sCu, s~ed; below and wodtd oger ri'de' the d~e~m h~t ~n al20ve : of the trip for es The fourth;~l~i~,~,a~r,~ appl cable,fo~ review~pf this proposed change ~re p~ovided reg onat ~':¢ha~ ~ ~ create a ,s~bs~nb~. devlabon. Su~ p~,esu~pt[Om may be 4. A change more of the The proposed change introduces a new category of land use'identified as Mixed Use. This new land use category is proposed to include a m~x of commercial, office and residential uses. The residential use is an entirely new use for this DRI development. A~ present the PID zoning regulations, ChapTer 2. Section 7,F. prohibits residential uses except foe hotels and rn;.otels, The. applicant has requested a code rev sion te al ow residential Uses in a, PtO in excess of 500 a4cres. The M xed Use category wll inb Ue'e 82~38.acres Which f~;~J.2...77,~ of the tqtal 553.13 acres comprsing.the Quantum ,Park DRI. The proposed change does not exceed :this criteria; . (19)(e)5,c provision of As par[ of the chan, ThE prqvide, d in the determination regarding:this: Conclusion: applicant is tocomplete a "Substantial' Dewatlon' 0.06(19)(e)4,, made to the }roved by the local government. The local whether'such has data, staff'is unable to would be make a If the first three criteria either of clear an~ the applicant. been requested. It is Determination Chart to recommendation can be applicant and reviewed by staff; DCA, and the RPC. Master Plan Modification , - ~ a provided by has to provide the Substantial Deviation eviation clai~s~. NO substantial deviation requested has been provided by the The proposal s?~mitted' for 1;he ~O,P. ~imodifies th~ approved Master Plan for the QUantum Park DRI. The n¢a~re., r of th¢,,..changes: .~ to tHe,.~.. Master. ~lan,fa~ . into two Categories. The first setof changes are housekeepor~g te~s to reflect the uses which are ex[st ng at.this time. The second set of changes introduce into the Master Plan the 62.38 acre mixed use developrr ant known as "Quantum Village". A descriptive summary of these changes is provided below. Lots 3and-6 The ,land, ,use ;designations. for ~these lots. have been cha~ged :.to Indsstrial ([) from Office/l~dus~ria!~:(O/,t); ~Fhe change isib~i~g made t~o be cSn,s s~ent ~N ~h 'tiie apP~'oVed ~ t~ ldlans for war~,~h:OUs,~,~d~s~ibuti~: a~d~ storage,: fac~!ltles: These fac~l~tLes, are Bbcar 'properties,' 4.075 acres (Lot 3) and Stanton Magnetics, 2;232acres (Lot 8). : ' The frdm Lot 50B ...... change~l,from Office/industrial (Of)-.~Orlhdustriaf'(l). NO explanation Thi: was given= .:: ~ Lots 78, 81,,,82 i' ". These lc~ts :ba~e; been 'changed:fram the ~ce/~ndustr~l (O~ ,land use, ~teg0~, to,the O~ce/thd~b]~GDmmerciat"(OlO~categow. The' previous DRI' Ameadme~ the r ~n(;(~; ~esign~t ~ fro~ the-prop0s~ (O c), defig~ati¢* W[~Oet; ~ns~t 'f Cern 'the subject p~O~hqwner; No other e~p!a'~at~en'was pmwded ~r ~ s chan~: ~hese,three lots compr se ~2¢~ ~es., - - . Lot 91 ,. This lot has been changed from Office/Industrial/Commercial (OIC) to Attraction and Recreation (AR). This change is made to reflect the approved development for a dual ice rink - skating facility known as 'Frozen Ponds'. Tract 91 is comprised of ,6.550 aces. The (AR) land use designat!on proposed for this site is being reviewed for appropriateness by the Treasure Coast Regional Pla~nirtg Council..They expressed conCern to staff Whiett'fer Frozen Ponds-meets the DRI definLt~ori [o~ the AR,land use category. The RPC, Comments, if any~ will be available for the scheduled p,bbtiC ;hearing for this 'NOPO and could lead to; maintaiding; thiS: lot with the "Commerc!ali~d~Sigr~ation, and various other changes to the lei use designations to off, et this unanticipated '~ommerciaF acreage increase. These 18 Lots are being changed from: Office/Industrial (OI); Office/Industrial/Commercial (OIC); and Office/ Industrial or Attraction and Recreation (O1 & AR) to Mixed Use (,MU). The Mixed Use category is not clearly defined at this time but will, include a combination of corr mercial and'ire~Jdential land uses A 'conceptual ,site plan tit ed "Quadtum Park and Village' was submitted w~th the appl~cabon. Th s site plan represents a type of urban wllage concept that is the dePac~ture :from the original intent of the QUantum Par~ DR ~pecificall~; due to the introduction of residential land use. A total of 500 residential dwelling un ts are propbsed for this site. The conceptual site plan is not the subject of any approvals at this time, The total land area for these 18 lots is 62.38 acres. The,rr. ajor focus of the a~alysis for this Master P an amendment is the propose for the Mixed use lan~ use'Category. The Quantum Park DR has been amended nin~ times ~ver the years which i~ .n0( unu's~al for a DRl of this type-The Ftorida Sf:atute govern ng the' DR pr;ocess, Chapte~ 380.06(1~)pi-o~,fdes for and ant c pates amendments stat ng that "There are a'variety of reaS0Hs Why a deVel°Pe~:ma~ wsh to propose ,,changes: to an approved development, of regional impart,.Jndluding chanqe~ market conditions . The Propos,ed change,requested by Amendment #10is a s gnificant departure/from the ex st ng charaCtei; 0~,deverol"2~Snt for. the Qu~ntum :Pa~:~ DRI. This proposed ¢:~Jan;ge' to,the;Master P~an wa~ a~tYZ~d~fro~ '~o p~rSp~ti~~. ~he first is the potential fo'~ crea~i~ addi~o~ impacts The second is the cons stoney amd ~mpat~ ty ¢ ~he' ~r~S%8 dhan~% ~eg~l~t~onS a~d policies,. . adopted, by .the C'~ ~roug~ .... the Co'rap'roberts ve-'~-Plan,--';-.Land ueve~opment.Regulabons a~ other a.pp~cable s~dies 'such as ~e VisiOns 28/2~ ran. Regional A devetc~p~eat bas gone .thmqgh ,,the DR pm,ce, ss because the pmjec:ted impacts are conside~ m~g~i ir!..natUi, e. ,An~;change td thc ~e~elopment must be an~lyze~ to ~d~term ne~if the cl~iarig~;~ ~{o~esbd Cr~eate additional impaCts;above and beyond ¢~-t~a~tw~$: Originally identifieCf';~r~ ~Jti~ted. i, ln the case of the iQua~um ;park DRI the majc~r s$se;i~ Whether th~r~ will be an indrease in traffic resulting from the land use redistribution/redesignation. A provisia, n in.Ameodment ¢t-8 to the Quantum Park dove opment order,requ res that" A traffic study sba'l! be 'submi~led with any futu~ app .c, ati~n request ng a change n use designations on any lot. TheO fy, shal h re, at tl~8 abplic~nt s ,~×,p,~nse, an independent traffiq consultant to review ~he stuck' .,In;aCcord~ance-w~ t~s pr~v]$~n the City has retained McMahon and Associate~ td~.c~du~:t:the review o~tha~applicanf~' ira~c study. In anal taken the for PM nd applicant Fhe that ha~ The recommendation of the traffic ila~ble for .~nt reque~-t. The Depar~e~,t of'Oommun ty Affai[s a~qd th, e Tre,~sur,;e Coas~ Regional Plann ng Council focus their re~/fe~ 0f:th;;e{amendment on ~egi~nal iissue~ ex, i:::lusively; Staff has reCei~)e~ preliminary comments ~r°m,,' rDOiT :regardidg ,:traffiC-: ~which als~trTeq~este add tional, in format on be provide~ by the appfJ;ca~t~.}BOth DCA and the RPC co~me¢~ o¢¢ th s project will-be available on or afler February 2~,' 2~, W~irh is their dead i~le for revi~ 0i this amendment Commen~s from these agencies will be iriserted into the analysi~ onSe reSefive8 6 Consistency and Compatibility with City Pot/c/es Comprehensive Plan - In the NOPC for this amendment, the apl tO Retail to proj [0 ado Policy land as between Durin has in the staff ~0 the trend allowing a t ~ ev den~ from ~he rev eve of the Comprehensive P an that the. ourrent policieSr of the. City maintain and, promote the a~al[aSll[ty of land for ndustr al deve 9p, ment as iwe[I as provide for certa n traditi~dal types of rd~xecf use de~/elopment. The amen~r~t~t as p~'oposed ~hal~enges those policies. Although no additional acreage is proposed, the amendment changes the distribution of land uses in the Quantum Park DR by reducing industrial and office uses. rncreasing commercial uses and' adding a residential component. One purpose of the FuTure Land Use Element of the ~;ompre~ensive p{an is to provide for a balance Of and'uses to meet the needs of the City and it".s [esJc~ents Th salso assists the CiTb/to determine and provide the necessary pub.t~C' Services ;~or the anticipated popular on and .development. The proposed change f0r Quantum park does affect the data and ar~alysis used ~;o provde the bas S for the land ~:~,e pSii~ es and d stribut off In part CU ar, the Comprehensive Plan-projected a surplus of commercial lar~d use Without fur[l~er increases by the bu d-out date. The prbpose~ Quantum Park amendment does not add .,additional com~ercal acreage but noes a~d a sgnificant amount.of ¢om,mercial,square ;foc~age. Also despite the~suppo~ng r, ole ~at res~dentia u~es have i6 the: ;sucroSes' of, ~}x,ed.i~se rrojec,ts ,t~e. alddit~on of ~e res{al, on,iai ~unitS wi '~ff'~ct th' ' " ' 'i ' ' - ' "-~: ', .' . , t ' , e popu atg~ ~oJerbq~s~or the city ~h~ch [~ -tur~ repacks leca resources Such ~.~ ~=~b.':~k~;~; and OtJ~ er: jUu~li~ servi'ces. ' ,- ..... ...~ ..... Approval.of the amendment as proposed requires the City to adjust i'~ s polic es regarding mixed use developrrrent and to assess the impacts that'the 'proposed rhahge' W;ill have Future Land Use Element Of the Comprehensive Plan. At a m n mum a G0mprehens ve P an amendmbnt wodld be ~equfred fo~ the current proposal to a ow for resident a and m xed use devel~prfient; as Pro~o,~ed Dur ng this process the City will be ab e to eva uate the impacts of the DRr land use ~ch~lg~s as they relate to the data and po cies in the Comprehensive Plan. Land Develo0ment Regulations - The Quantum Park DR s zooed Planhed Industrial DevelOpment (PLO);, AS ;stated in Land Deve opment Regular ons Chapter 2, Sec~ on 7 Planned Industrial Distr~cts; The purpose of the PID districts to provide a zoning classifi,bation for light industrial :d ?merit that will better sat sly current demands for light in~lustrial z,~ned lands by encouragi ;velopment which will reflect changes .in the technology and lanc~ development and relate :i [o the specific site and conserve natural amenities" Once again the ~uts more emphasis on ,the mixed use concept favodng commercial intent of the code. In addition, the list of prohibited uses in uses except for hotes and motelS. The proposed uses the PID z an be ar revision over 50(: staff report. aster Plan requi~s that the P~D section of Chapter 2 Zoning the addition of 500 res dential u;nits. T~e applicant has subm tted a code are proposing anguage thatw allow res dentia uses o 'I b ' ' ; , ny naPIDof emg.rawewed simultaneously and is the subject of another Conclusion The proposed change to the Quantum Park DRI/PtD requires the City to shift its policies regarding industrial land'use. In order to accommodate the type of mi~ed use development proposed for this PID, the Comprehensive Plan and Land Development Regulations must be amended, RECOMMENDATIONS Pursuant to Flodda Statutes. Chapter 380.06(19) Substantial Deviations, the applicant has attempted to justify that the proposed change does not constitute a substantial deviation to the Quantum Park DRL The applicant must provide clear-and convincing evidence support ng this assertion. The applicant must provide additional information before a determination of no 8 substantial deviation is made by the City. The additional information which must be provided includes: 1. Traffic:analysis:data requested by,the City'aad McMahO?_ a~,~ssoCiateswhich ar~alCsis I riS ¢oundbYMCMahon,andA, sso6i~es ~not~:to:'c~eateadditii3ff~i'~egi0nal'i~pacts, ' ~- ' 2. LOCATION MAP QUANTUM PARK / __ W-o '0 . 400. 1/8 ,~,tlLE 80C FEET EXHIBIT "D" Conditions of Approval Project name: QUANTUM PARK DKI File number: MPMD 00-001 ~Reference: REVISED 'tst Review, New Site:Plato File with~ January ll, 2000 planning and Zoning Comments: N~ONE ~TILITIES · ', ~-.' I ~' The master plan mdtcat~s a slgmficant 2 commercla~tndustnal to mmednse~n severald~mnm Add~in~ a , restdenual eomgonentwfll . ~mmde est ~ted deman~ fo~ aH of~e propp,~ Commenm ' ' ~ ~ ~ , X 2. Su~:a le~er~n~ng [~g~rpposed.chang~. To ~ ~ b~m~e, w~B the,:m~mum mtensgte* ~[ ~o d~cnbed X floor,~ea~ ~ emg ~stms ~at hav~ dev~16pment otter appro al. Idenn~ t~e ISt number ~ m~[jflo~r area sq~ foot~ ~q 6~aH. stte~ w~ deve[ogme~t ~de[ apgrOvak Total ~e floor area and category* them m ~e land us~s t~t ~ identified in note x Commen~: ~ONE FO Commen F ~ ~ X PL~G A~ ~ON~G Page 2 Quantum Park DR1 ~ File No.: MPMD 00-001 "~ DEPARTMENTS, INCLUDE REJECT Comments: 4 No ed (NOPC) do Ument Which a p this The tice of Propos Change c · c¢om anies: · X MaSter Plan revision does not account for Quantum Lots 83-88 in the na~ative provided for Question #5. Add the~e Jlots to the list as 5.11 charting the use from "OI or AR" to"MU" as shown on the Msster Site Plan and provided in the acreage table on~page~4 Of the NOPC report, Also~ for your records, the 8th Amendment w~ ~doo~te4 by' the city: on june 3, " 1997 by Ordiha/ide No. 097-20J The ~0PC d cu neht; Page 5 shows th~ date ofadopti0ff as Mamh 17, 1997 5. Revise Item #2 under th~ N0tes section on th~ 3([aster Site Plen'~h~t to: X refill: the Uses arid intensi~es:~is p~)p(~sed, by A~rh6nt #1~). -: 6., Under the conditions of Amendment #8 t0 ~he Q~m~um park D.O. and Chapter 3, Article IV of the Land Development ~g~lations a traffic X analysis is required for this'Master Plan appro'Cai', ~n addition a traffic analysis ts required to assist m determlnlngifthe, prqposed changes w II generate additional regio~al impaets nurs~.'ant to'~bter 380 06 ( i 8) Substantial Devmtions. Atraffic~ statem~ent was #!'evicted but is insufficient to Pr0~'ide the analysis required. Provide a traffic~:englysis for Amendment #10 which at a mir~imum ,includes: - An AM end PM#cak enalysis £o~us~s proposed in Amendment #1 O, particularly the 500 r,e,s, ider)tlat units, - Tug dtstnbtmon~enc~ assignment for the proposed use changes, - Comparative trip ge~eraff, on tableiprovidin~da~ for the uses originally approvedi those recedly approved i)kmendm~nt ~9) end those uses proposed for Amendm~ent gl0, i . T1-/is traffic analysis w~ll be reviewld by an i~dep~endent traffic consultant as requ'u~ ~:by Quantum D.o, Ame~ndment #8. 7. Quantum Park DRI development is delinquent in pro~iding the required X annual report for the year ~998~ In addition, the 1999 ~innual report is due February 15, ¢000. Annu~ reports mustibe provided in order to maintain the existence of the DO and the vested right~ associated ~ ith it. As a condition of approval Of this Master Plan Ameu~tment #1~l~th; 1998-99 Annual report may be combined and submitted to the ~ity: s Planning and Zoning Depa~ent no later than I~la~ I, 2000.: 8. Industrml tracts #47-A and #47-B are not labeled On the Master Site Plan. X Label these tracts. 9. Approval of the Master Plan is contingent upon a findi ~_g of no substantial X deviation by the City. The applicant must provide addi ional information before a determination of no substantial deviation is m, [de. The additional information includes: Traffic analysi,s data requested by the City and McMahon and Associates whmh analysis is found by McMahon and Assoc ates not Page 3 Quantum Park DRI File No.: MPMD 00-00I DEPARTMENTS . ' to create additlonal regional impacts. · - TheSubstantiaLDeviati~n Determi,nation Chart showing that the increases and:d~er~//~6~ ~in th~ Quaht/irfi P,iir!iDRl, ?fleet the ' ~ threshold requ[reme:nt~3~LElo rida sta_t~¢s~CMpt~:380.0ff19)(e) ~0. Approval 9fthe Master plan;is-~e~ti~ge~nt gpor~<the ~applican~,,f~Jin~,for ang : receiving~pproval fora. gext~n,~en~:~;q~e ,~a~[v~Plah~t0.~,. 11 Approval of the Mas~ PI~ ~s c0~g~efi~ ~o~e ag~o~l ofihe ~&..-} apphcant: ~cqde ~v~m~ae~.~ ge~t~r~9~!;~e~&p~~ for large Delete 1 l~'~.~tte o t~~e'e'-c-mmen'~'. : , , Delete comment ~4. 14 15. Delete comment ~6. , 16. Delete comment ~ 17 Delete comment ~I0. 18. The Quantum Park PID master pl~ shall be limited to a m~imum of 500 dwelling unim. · ADDI~ON~ CI~ COMMISSION COUNTS . 19. To be dete~ined. st. lucle Febmi~ry 24, 2000 Mr. MichaeI~W. Rurapf Planmn~ g and Zoning Director City o~BoyatOn Beach 100 E~ Boy~to~ Beac.~ Boulevard so ntoa nOtida s 35 Subject: Quant'urn Park De,~elopment of Regional Impact Substantial Deviatiou Determination l~ar,Mr. Rumpf: In accordance with-the requirements of Section 3g0.06(19), Florida Statutes (F.S.), we have reviewed the ' ~'Notifiea~,on of a Proposed Change to a Previously Approved Development of Regional Impact (DP.i) (NOPC) for the Quantum Pa~k DRI dated lanuary 11, ~000' and add/t/onal information submitted on January 20, 2000. T~¢ NOPC prot~os~ ~e following revisions to, ~e ma,~r plan: t) Lots 3 and 6 land use designation-:is~ to b~ changed from of-ficedLaduitri.al m industrial. 2) Lots 39 and 40 land use designation is to be changed from office/industrial to govcmmcntalAnstitutional, 3) Lot SOB land us~ d~signation is to be changed from office/industrial to industrial. 4) Lots 59.60, 5£, 62 land use d~sig~ation i~ to be changed from office/industrial, to mixed I.l~, 5) Lots 63, 64, 65A. 63B. 66, 67A, 6:7B, and 67C land us~ d~ignation is to be changed from office/industrial/commcmial to mixed.usc. 6) Lots 76, 81, and 82 land use designation is to be changed form office/industrial to offic~industrial/comrn~rcial. TCRPC 7) Lot 91' Iand use designation is to be changed from officedindustdal/commereia] to attraction and recreation to reflect the approved developmem of a dual ice rink-skating facility. The appticant proposes to decrease office and industrial square footage, ~ a/loW,additional commercial square aad $00 units, to Florida Statutes, Transportation (see attache~t A revised notice of proposed mixed use to impacts. 2000:- The applicant concerns and revised the land uses or AttritiOn and Re~reardon to Council has reviewed the additional · ,will not create any a&titiot'al regional effol~s ~o crea~e a good 'mix and :for a portion of the the districts and improving these districts by: 'and residential 1) COMMEq~CIAL DISTRICT * Create a Network ~f Streets · Minimize the Use of roundabouts. Ke,,p them only where they are necessary (Gateway & Main or C.~eway:& High Ridge) · Move the Mixed-Use Complex Crheatres, restaurant, book storz) closer to the street. Keep parking in rear. · Place buildingi in such a way that in the future, they will be lining the streets and parking can be accommodated m the core of the blocks, n parking structures whenever necessary. · Redesign the boulevard's section for Main Street: One I I' lane in each direction and one g'on-street parking lane on either side. · Create well-defined public spaces/plaza that will give Quantum Park civic pride. · Review Higk Ridge and Gateway. Continuous parking flanks them. · klIow for res~dantial uses above shops. FEB-25-20~ ~6: 0~ TCRPC Mr. Mich~I W. Rumpf February 24, 2000 Page 3. ~12214067 P. 84 · Rearrange parking Council staff will b~ Sincerely. RI Coordinator 2) RESIDENTLAZ DISTRICT Create a Network of SlZ'ee. ts Create Blocks that ar~ defir~d by buildings arm any cc: Roger'Wilburn, FDCA Eugene Gerlicz. Applicant TOTAL P,04 RESPONSIVE TRANSPORTATION SOLUTIONS Lusia Galav, Senior Planner Planning and Zoning Division C/t)' o~B~ynt0nBea~h~ .... I00 Sa~t ~'~ton'g~ei~ Ba~eva~d. P.O. Boyn*~n Beach, FL ~342~-0~ RE: Review of Traffic Analysis for Quantum Park DRI NOPC - Amendment #10 McM Project No. M00037.0 Dear Ms. Galav: McMahon Associates, Inc. has reviewed the Notification cfa Proposed Change to a Previously Approved Development of Regional Impact (DP.I)" (NOPC) for the Quantum Park DR.I, dated February 2, 2000. I~.:luded are our cormments regarding this submittal. tn general, it is our finding that the applicant's submittal lacked sufficient information for a proper and thorough review. We understand it is their position that no supporting information is required because they believe the proposed change does not qualify as a Substantial Deviation. Given the proposed changes, we believe adequate documentation must be presented to substantiate their claim that the proposed changes will not significantly impact the region. Based upon our review, it appears that the proposed changes do constitute a Substantial Deviation. Accordingly, we have identified specific areas of concern for which we believe additional analysis is appropriate. If you have any questions concerning the above matter, please do not hesitate to call me. Sincerely, alter W. Berts 'hing , AICP Senior Transportation Planner lWCB:CAT Attacb_ment F:~.I00037._0~DOCUMENTS~ItrLG021600.DOC ' 2240 Wootbright Road. Suite 204, Bovnton Beach, Florida 33426 561.364.1666 fax 561.364.0990 e-mail: mcmtrans@gate.net Quantum Park DR[ NOPC Amendment gl0 Review The applicant, 1V[TF Development, [nc., a Florida Corporation, has submitted a Notification ora Proposed Change (NOPC) to the City of Boynton Beach regarding theQuanmm Park DRI. The DRI was Originally approved in 1984..Since the original ~pproval, the~e have been nine amendments. The NoPc request by MTF Development, Inc. r~presents the 10th amendment. This amendment proposes land use .changes that differ from the original DRI and subsequent amendments The primary differences include the introduction of multi-family housing and mixed-use development. The proposed changes also intend to increase the amount of commercial square footage .by 44.5 percent versus the amount that.: ~vas -approved in N OPC Amendment'-#9. Altogether' ~e:~ ~hgnges raise con~erns~regarding traffic h~r~cts upon adjacent roadways, whichcoul-d reset in additional region~t imp~'~t. Therefore, de City 0f~Bo~nton Beach requested an examination of any potential problems in NOPC Amendment #10. · McMah0n A. ssociates,,Inc..has reviewed NE~PC Amendment glo t0. detemaine if the land use changes ~const~tute a ~s~stantial deviation _~om the most ~ecentI¥ an~mved NOPC Am~tidmeat g~,'March 199g. The review included an examina~on ~,~2 rules, re~rding.. . .su~b~tantial. deviations. . . The results indicate a few areas ~f-coneem, wh~,h'~' presented m the fotlovang:analyS~s. ,Rule 9J-2,. "Rules of ~meedure; . and Practice. Pertaining to Developments of Re~B'onal Impact., cantmns Subpart B ~ ~eyeicpment ofRegmnal Imoact Procedures" subsection 9J~2; opq Local .Government Development Orders." sub-subsection t'~l~ cnar~ge :ma prewous~7 app(o~ed DRI which the developer believes .meets ~the criteria of Subparagraph 380 06(19)(e)2:i Florida Statutes; shall be submitted to the Di~si°- the local government, and'the,reg~on~ ~!amfing agency using Form RPM-BSP-PROPCHANGE-1 'f Such changes~are ¢onsidere~ cmn~[ve~lY ~vi~ all othe~ previous change~ tothe DRI ~ determining whe~he~the e0ndition~ of Sui~amgmph 380.06(19)~)2., Florida Statutes, are met. ~ .An examination of th~conditicns of Submara~rar>h 3800619 e2 Florid :~ ..... ¢. , ~ . ,: ~ · ~ )()., a Statues, aerermi~ed that the apphcant i Notification ora Proposed Change Amendment gl0 has not met all of the conditions of S~ paragraph 380.06~I,~)(e)2., ,,F, lo~ida statUtes., La. particular, Subgaragraph 380~06(19)(e)2,, Flori[ta StatUes, s~at~s that ExCept for a devetopr~ent orde~ rend6red pursuant to subse~ti~ :(22) or subsection [25), a ~ronosed chan~,e to la ~velonment orde~ that individually or cumi ~tively with any premous ch~mg~ iS 'less th~m 40 [percent-~f an-~ num0rical criterion contained in subparagraphs (b)l-15 and does not exceed any Other cfiterion,...ls not subject to the:public hearing re~uir~,,ments of subparagraph (f)3, and is not subject tO a determination purs~a~ to subparagraph If)5 As stated in Subparagraph 380.06(t9)(e)2., t Change that meets the criter~)n in subparagraphs However, if the. criteria.are nor4net, as stated in, SU required. Subparlagraph {b), ~ipulates that "Any development o~ iegi0nal impa~ or development e cumulatively with other ch~ges, exceeds any c lorida Statutes, a Notification of'a Proposed (b) 1-15, does not require further act/on. tragraph (b),'further developrnem review is :oposed change to a previously appro~ved er condition' whieh, e]ther in~idu~ll~v or the following criteria shall constitute a substantial deviation and shall cause the development to be subject to further development-of- regional-impact review without the necessity for a finding of same by the local government." B, n4rh-t tha v~ieW n~ND ~end ent #'10?it was,detenn~ed criteriaofsub~aragraph 380~06(t9)¢) were noi inet, The Criteria,inclUde: dwelling units. The nm-g., be.r Of d .~jl,,ing units and ,&o~m!al~s~a Subparagmpt~ 3 ~O'~i¢)~b~l-:~l 5'may be :red~c[hfO' r~: gweliin ~ts ,~om ~0 ,to 20 a~d comme~:,~, ercent reduet~ l, -, 20 000 did a~i/~J~f~e~OP, O ~endment #l. Oz~£al,Ewi, thlnt;~iSt~ i:~ feet of co~ere~ 1~& me ~ cmp~ed to NOPC Amongst re~ew, creates created and are a few O~er~qu~fions-~that wer~ ~msed durhag >~e>revxew of NOPC ,~en~e~ ~e as ~ollo~ - In completing fora ~M-BSP-PROPCH~GE-1;-MFT Develo~ent~ Inc. ~-not ~o provide ~e ~S~bst~fl Deviati~ ~teminafion ~Ch~ ~ stipulated ~ pm 6 of~e ~m. Instea& ~eyfreplied~: ~ ' ~ ~ ..... ' e~n eo ~t~ ia.su g of ' u ti~ DewaUon Detem~mtmn ghm h~ ~t b m~ 5.1 Thcs ~ . ~ , .... ., . : ' ~is~'0f Pr0po~:Ch~ge. :~e ~ h~ not be~pr~9;;~ro,~ea s~nc~ .u~ cZ~a a:~endment to ~e Develomehi Ord.. ~s NOtice Ch~ge i'iu~ted D effect ~e Temh'~en~t to ~e~Development Order. 6.2 NO change to the DR[ is proposed other than as set forth in paragraph 5, above. Because of the multiple ,land use designations on many of the Iots within the DRI project, the Applicant submits that completion of the Substantial Deviation Determination Chart would not be productive. There are over 100 lots within the DRI consisting of several land uses. The developmem of a Substantial Deviation Determination Chart would not be a simple matter. However, the fact that it has not been pr.eP~ ed roi Amendments 3 - ~, does not warrant its exclusion inthe NOPC Am~ndme,nt #I~0. ~sks especially true:since the land use changes in NOPC Amendme~ #10 have constituted i si~bstanfial deviation from the original DR[ and subsequent amendments. An~ o[her area Of 'qoncem ~invo!ves ~e ~p generation comparisons in Exhibits I-4 that were incfu~ed in ~ letter:to ~s; Lusia:CCdtav,! 4at~dl;February 2, 2000. ,Upon f~rther review.of the trip generation nUmber,;: we discOx;ered some:diScrepancies which are listed below. i. Lots 83 through 89- were not included in sub-paragraph nUmber 5 of form RPM-BSP- PROPCHANGE-1. 2. In Exh!bits t:4, the reported trip generation ratefor AM and PM Land Use Code 710 ~sti~ ¢f TransPOmtion Engineers' Trip Generation, 6th Edition) underestimated hhe tota~ trips due't0: incorrect trip rates. For example. · Re?orted AM Trip Rate of 1.346 per 1,000 Gros,sL FloOr 'Area (GFA) ITE 6e ~Eflit4on. Actual AM peak Hour Trip Rate GTE 6u, Edition) is 1,56 per 1,000 G A. The difference equals 1~71 additional trips using the correct trip rate. · RepoPted P~t~ Trip Rate of 1.~8 per 1,000 Gross.~Floor Are? (GFA) ITE 6th Edition: Ac~ P~M Peak Hoo:r Trip Rate (ITE 6~ Edition) ks 1.49 per 1,000 GFA The difference equals 168 additional trips using the co~ect tri rate · ~I~h0 r.e~po~d ~ and PM trip rates in Exhibits .1-4 could not be located in ITE 6~, 5~, 4t~ and 3m Trip Generation. ~ In Exhibks [4, the Park and Ride total trips are unsubstantiated. ITE Land Use Code 90 is used .in all four ~bits without a description of the variable.used or intensity. ITE Trip Generation, 6th Edition provides three variables including parking spaces, occupied parking spaces, and the nUmber of acres. It is unknown which was used. th Also, the source of the percentage of dally trips was not found in either the ITE 6 or 5th Editions.: It is UnsUre where the per~entage was derived. 'This bmission could impact the actual number of trips that the Park and Ride lot generates. 4; Exhibits i-4 include a Convenience Store using ITE [.and Use Code 853 under the Land Use column. According to the site plan, a Mobil Gas Station with a convemence store w~ll be part of the development, The ITE Land Use Code for this land use is 845. An examination of t~e number of trips generated by a Convenience Store with Gas Pumps (853) versus i Gas Station with a Convenience Store (845) results in an increase in AM and PM peak-hour trips of 100 percent for the Convenience Store with Gas Pumps, given that both land uses have a similar number of gas pumps. It is suggested that IT£ Land Use Code 845 be used instead of 853 to bring the trip generation analysis of the proposed NOPC Amendmem #10 into agreement with the site plan. Conclusions The land use changes in NOPC Amendment #I0 ~exhlbit a NOPC Amendment #9¢ with the addition~, of multi-fam~y use Trip :the - ~In ~i~dition,, ~ it is Our initial~finding that at~a m[n'~m3um, ,.,the fgllowing, an~ys!s, ~ !i:,be provided: Analyze the operation of Gateway Boulevard between C~ngres, S Avenue and 1-95 fgr the' ~e~xisting (ma'rently appro(,ed)~ 'pr°Pose~!. de,,v~io~.,e~ s~e~3at~'0 during the AM and ~PM:peal~-ho'urs., This. analy~issho~ilc~':f°e~-53n:'Pe,.a~,'~seas0n conditions and should be, baSed :oa:acmal cou~nt inf0rr~ g~pg~ ~I~'~ !iqp~,mm. ended that the analys~s tool be the Florida Department of Transpo~atton's ~T_PLAN spreadsheet,prograrfi- · ..... with Gatewa · ' hich mvide access lo the.D~,13I Y · ~i m~rseelaons o~:madways ~v .. . ,.! .... ~ .Bb~vard ;,imust .bei ,analyzed for; bo~ :ithe' cu~rrent,[Y appr:o~¥ect' ana proposeu ,develoPmefl~ s~enaiSO fo~ the AM and ~tV[ peak. hoUrS, i i a.,o~.,,o ,}i~- ~nerat}fn of the I~95/Gateway Boulevard interch.~ge/ramps during the AM and PM peak-hours. ' o Analyze the:intersection of Congress Avenue and Gateway Boulevard during the AM and' PM peak-hgurs, for. both the existing and proposed d,velop~nent scenarios. · Analyze the intersections' of High Ridge Road and Hypoluxo Road and High Ridge Road and Minor Road for both the AM and PM poak-h0urs; for'both the existing andproposed development scenarios. · Analyze the AM and PM peak,hour operating conditions for the inter, section of congress Avenue and Quanta Boulevard for both development scenarios. Ali Of the above analyseJ should be performed for two horizon years, the total buildout of the DRI and Year 2000. F:LM00037_0\DOCUMENTS\ItrLG021600-DOC 2324 South Congress Avenue, Suite 1H West Palm Beach, FL 334~)6 (561) 434-1644 Fax 434.1563 Email: plndertroutman@msn.com February 17, 2000 Mr. Gus Schmidt FDOT, District 4 3400 W. Commercial Boulevard Ft. Lauderdale, FL 33309 Re: Quanlum Park NOPC - #PTCO0-06 Dear Mr. Schmidt: The attached trip generation data is provided in response to comments contained in your letter of February 1, 2000 Trip generation comparisons are provided on Attachments lA, lB and 1C for the daffy AM peak h0u? an:cl PM p~k hour respectively Eadh Attachment also inc udes th;ilappr~gr ate TE land use codes. Please note that the trip generation rate for offce is based on tl~e I:I'E 6"' Edition equation for an average size of $00,000 SF. However the totaJ trips are for the intensity of office use sh6wn on table. If you have an~ questions ple~e do not hes tare to contact this office. Very truly pal cc: Bill Cross Jim Snyder Mark Lippert Eugene Gerlica Doug Mac Donald Lusia Galav A~achment lA Quantum Park NOF~ ~10 Daily Trip Generation Comparison ADA ApproVed . '. Land Use ~Land Use Code IntensiL~ Trip Generation Rate 1) TotaLTdps ndqstrfal; · ' i ~ : ~ ~'L0 4,183,750 SF(2) T=? 468 X)-101.921 31,1~2 C0mmer~at ' :820 300,000 $F(3)' Ln(T)=O643Ln(X)+5.866 ~ 13,8,15 Office -.-,' ' ~' 7t'~ 1,969,500 SF(4) 9.14 /100OSF Hote~:,~,,.~,~ ' :"~'~; · , · -,:. 200 Rm~ ' , 87 /Rm.-"~ Proposed Land Use Code Inten~t7 Tdp Generation Rate (1) Tqtal~T~fps Industzia| 110 2,252,654 SF T= 7.468(X)-101.921 16,721 Comme~dal 820 42Z,962 SI= LnCT) -'--O.643Ln(~ + 5.866 1'7,361 Office ' 710 ' 798,772 $F 9.14 ~ /1000SF.(5)' ~ :: '~7,301 Warehouse ' ~ ~ '1~0 '2~,700,5F Hote~ ' 312 20~ :Ems ' 8.7 /Rm. ' '~ :i ~ .1,~4~ FarkN R~de . 90 : · ' ! :; 633 AutO. Dealership 841 53,072 SF 23 /1000 SF vtovie Theatre - 444 4,000 Seats 0.43 /Seat (6) ' ~ ~? %720 Restaurant. Hi~ ,Turnover 832 28,400 SF ~30.34 /1000 SF ~'r~,,,ant-Quali~f , : 83] . :6;9,250,5F ~89;9S /1C~OSF '. Con~,enienceSto~'eJGas 853 3,054 SF · 848.6 /100051: j. 2,$82 Ice Sk~tin~ PJn~'{7) 46! 93,430 SF - :5'49.5 /Rink ~ ' Re~den~.~al 220 500 Dus 6.63 ' /DU ' _ ~ 3~3 5 Net I~ Attachment 1 B Quantum Park NOPC #I0 AM Peak Hour Trip Generation Comparison ADA AODmved La'od'U~e ' ~ . · ' , Tolal Trips Tola Land Use Code Inl~nsil~, Trip C, eneration R~te (1) ~ In '- ~uL Tri~s '~b'~'~ , /7 0 SF(.) 0,9./~ ~5F(Be/12) , 3387 462 3~849 ~ [ap~ , . 820 3~ ~SF(3) Ln ~ = 0 596Ln X ~ 3~9 61139 ]~7 1~: 307 .proposed ~:~- ~ _~1~ ..... ~- R~m~ 05~/R~m(Sg/41 ' 68 ' 4~ 116 ~e~,p -' -84~ s3;0?2 SF 221/ ~JaJ~fi~Ul~h.~lJmove~ 832 28~4~ .$F 9 27/1 R~ia-~'~ualily .- :a31 692~0 SF Om ~,~ ~ i37 12 263 ~c'?s?~R~?' -. a6~ 93~430 ~F - 2.94h:~sF(65/3~)' 1~9: 9d 275 KesJde~lia[~ull~Fam ~ 22g 5~ ~s O J1 /DM(16~84) TO~L~ ' . ~" "' - ~- . - 214 255 .:. .... ' I . 120~1 4,944 :: .... ' ~ ' 3744 ' '- ' :': - - ' J- NeLNeW External TripsI- (2,_~3~)l Attachment 1C Quantum Park NOPC #10 PM Peak Hour Trip Generation Comparison ADA Approved T rips Total Ogi) Trips .- 8~. 1,639 Febmm'y 1, :2OOO M~ D. Ray Eubanks Ph~ing M~a~er A~ r~e4.in the ~ ~om Mn- Sm~e~ ~.of'tbe Tr~as~r~ Coast R~io~l Plam~in~ Cnt~ai! to IndusUial m be consistent'with approved site pla~s. · Mo~ying Lots 3 9 and 41) t~om Offi~/Imiustr~ to C-ovenunemal/~isince they were pumh~d by_p~ro Beach County ~ool · Mo~Lot ~0B '. An~din~ L~Cs 59, 60. 9 t. ami 52 ~rom Offi~.miuslr~ to l~r.~r~l_use to be d~velop~d as m ~x~d-U~to b. developed-as ~ o£~ ~ par~ and vii~.. ' Modif~4ng Lot~. 76, gl, and 82./3'om-Ofl~ceYIndum/al to OfliceYlndusu/al/C0~ the ch~gc made ht ~he lx~ouS ~OPC. .~om Ol~~Cornmer~al to ami ~ f~. La formation mentioned issues. I/you h&ve ~tuy ~,est~m~,,ple~ cont~ ~s at. (~5~) Dep~n'tm~ do~ not h~ve ~ien~ /'~m Snyde~, TCRI'C Bob RomiS foe ¥¢sbeck ~ B/Il Cross CONSULT N .k ransportation Planners and Engineers February 2, 2000 2324 South Congress Avenue. Suite 11-1 West Palm Beach, FL 33406 (561 ] 434-1644 Fax 434-1663 Email: pinderl:routman @ms n.com Ms. Lusia Galav City of Boynton Beach Planning Department 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 3345,2 Re:~Q~antum Park NOPC #10 - #PTCO0-06 Dear Ms. Galav: Attached are the peak hour tx p generation tables as we discussed atour meeting on MorJday, January 31, 2000. :' Two scenarios have been provided as you requested. Exhibits I and 2 provide the AM:'. and PM peak hour~trip gene?a!i0h (~omparison of the ~DA app?oved and Us~s ~and the proposed land uses for the ;:t~rrent ~OPC. The proposed I~nd' Us~ ~eprbsent.~ ~uJ3star{t a~ decrease n both the AM and PM peak hour trip generation. Inl b0th the AM and the PM peak hours, there are substantial re~tuctions-in ~e peak dire~'ion'0f pr~oject traffic Dur n~ ~he AM eak hour, the inbound volume is reduced by 2,231, trips, and during the PM -peak hour, the outbound volume is reduced by 1,092 trips. Exhibits 3 and ~4 pr~se~n;t the AM and PM peak~ hour trip generation comparison of the most recent NOPC la. nd u~S~cena~ioi(NOPC ~9) an~ the Current NOPe' I~na ~',~ TK,, ,, ...... ,4 land use.scena~'°, Ea~ a im'~o;r.~, decrease. 'n totai 't?~ffic. . d~r ng the ,~ ?~'e~<,~'hour-'?, andr'"~'m .... nor increase ~n total tra~c dunng tlie PM peak hour. i However/there is a reduction n project peak direction ~raffiC d~ri~g ib6th the AMahd I~M peak hours.: The 1ncreaSe of 40 trips during the PM ~eprese~ts. an:i~ic~ease of less than: 0~ne-tenth (1/1 0) of One (1).percent. This responds to ¥our~ requeSt; Very truly you~r~ ~ Principal Cc: Eugene Gerlica Exhibit 1 Quantum Park NO C #~ ~ . AM Peak Hi)or Trip Gen~'atfon C0mpati~ofi ~, ADA ~ - TOTALS : ' '"- ~ ' ~'--' ':: ......... ~? ~ ..... '~- -----~' ' ~.a ' Proposed ~es~ur~t~gh TurnoverI 3 ~ '~ q5 ....... '~ . ?~.~ ,- ~ :~ . ~ · ........ Convenmnce'Slore ~; O~ : "' ~a~a :~FL :,- , ~7::a~:~t . ;~. :'~ '~/~0 ~' .'t~' I , Net New Exterh"i ~'iP~l f~,~'l ~s~ I ","~lt Exhibit 2 Quantum Park NOPC #10 PM P ak Hour Trip Gene,rahon Compar son ADA Appmv~d ~ L nd Use - - . ' Lh~d Use - Cod .... .~.- ......... -;---?- -~- ~:::~; +~ I ~.I:T~I~--~ ~ToI~I= 110 4~183 750 5F(2) 0 1 } ~.~a r . ' 98/OO0.SF(I ' :'492" 3608~'a~ ~,~ . 20 3~,~ SF(3) L, ~ = 0 ~[n (~)~3,403 ~0152 623 674 a ~291 , · 7 [ 1969S00. SF4 ~ - ,', '. - H~t4 .... L2¢/1~0005F(5 143~ 10~ 2,521 Proposed ' L~d Use ....... .., , Total Tr ~ Total Land Use Code I~t~dsiLy Tr p Oepe(atioh Rat~ (1) in" ~t ' - 22 _ Industrial 110 , 52,~54 SF O~ce ~le Z98;772~'SF : ~o ce~ka~in~giok-' 465 ' 93430 SF , , . , ~ ~ uu-ar'~ - ~12' :'~ 220 ges~denUal Mulb-Fam~ y 2~0 500- DuS 0~6~0~' ~/33~~ ? ' 9S ..t New Ex er.a Tripsi' 3961 Exhibit 3 NOPC//9 Approved wamhou~ Hotel- Net New External TripsI (S2~)I 4aS I (4Z)l Exhibit 4 Quantum Park NOPC #10 PM Peak Hour Trip Generation Comparison HOPC #9 Approved Land Use Total Tt!ps Total , Land Use Code, - IntenSity Trtp~e~r~tim~-Rate (1)~- _, In~- -- ~a[~ lndushial 110 2~4027~4 .SF - ~:-~)~9~-~lt090SF~(t2/a8) -- ,292 -- 2.144 ;~ Commercial ~2~ 2~6~'~:~ : L~ (T) 0.6~d. g~i~5~)~ ' ' ' -,'~9 ~ ~I ~fi~e 710 1,6~5 7~2'-SF . 1.28,~ SF (57/43) 2 1230 ~ 928~ Wa~ehou~ 1'50 22~' SF" ~ ~ ~t/J;,~[ (~/~6)' ':~ ~ '~ -~ '-,'~ Hotel 3~2 2~ ~gms ' 0,&2~/~(~4~ ~ ~ 5C 124: Auto Deale~hip 841 53;O~ ~a~ ' 2;8'/4';~SF, (a~60) ~C d~ ~ Mo~e Theatre ' 44'4, '~5~:SF * 0~1'4/~a~(~3/4~) ~ ~ ~ ',' 2~ . Res~u~nt-Hi~h TUrner 832 21~ ~F 10:86 1~ ~F'(~O)' ' -~3 : . ~1 '228 ~n~nienceStore/~s 85~ '3~054 5F ~0.61-/4)~5F:~5~50) ~ ~: ~'~ 185 Pro~d LandUse Code 'lnfte~s!~),' ' Tt;pGel~era~JonRata(1)In~ - ~' ' T~i~ Holel Jl~ . ~ :~s 0,62/R~ ~4o) , 74 5~ 124, ~uto~ale~hip 841 ~53072 5F - ~"2~0~[1~F~(~60)' :"'~6-~~-- '~ ': 1~'~ ~o~e Theater 4aa ~ 4,~ '~aU ,' - -0.{4~]~a[~3~47) 292 ? r 2~ ~ J~ ~es~.ranI-Hi~ Turno~r 83 ~8,4~ SF · - - 10;~6/~ ~F (6~40)- qS~ .q~J '. ~es~umnt-qua ~ 83 6~,250~ SF ' ~'~;~ 1~;~ 6~/33) ' 340 171 519 ~n~nience Store a53 .3,0~q*LSF t '" 60~61/1;~ 5~(5W50) ~3 ~3 New Ex,areal T,ipI ~61 Itl6)I 40 ] P NDER TROUTMAN CONSULTING, INC. Transportation Planners and Engineers 2324 South CongressAvenue~ Suite 1H/~-~-~ West Palm Beach. FL 334061~~ .} (561) 434-1644 Fax434-1663 -~- Emai[: pinde~routman@msn.com PTCO0-06 1/11/00 The proposal ~.d;r th~s?Orice ,~f P~ofilo~ecl Chan§e (N©PC) for ~Quet~m Corp,br~ Park DRI is ':to am~d,~ M~t~riP!~'~ C~ge ~e: la~d u~ de~i~Uods ?~ ~do~sf~rcels. These speaficj~a~ges havg bee~ de~bed m derail m The ~umo~ bf ~s ~c~ w~ ~e pr~os~, ~ange!~ch that a determ~na~on,, o~ sub:~n~al dewa~on ~n be made. The ~ost rece Development square feet fo threshold that project is vest compare the t Exhibit 1 program. refined 20, 1997. that wil bdifi, ~tion to ~h6 DI~I Was approV~ed on May 20, 199~. The M ~a~ ~ Site ved On ~at ddte establ ~ thresholds of de~[~m~t (m~mum I u~) ~at Cqula 9ot ~ ~c~d~ ~wel ~as a ~mgm ~a~[y ~np ~ exceeded: ~ noted on,the M~er 5~te Development Pl~n.~the rSg da N ~i~s.~ Th~s ~en b~omes ~e ~m~k from which m On of~ pr6p~sed land use~. ' : : ~ of ~e The F the site. / .y Exhibit 1 Quantum Park NOPC ~10 Daily Trip Generation Comparison Proposed Land Use · : i Intensi~ Trip Generation Rate (1] , Total1TriPs [Qdus~'ia . 22~2 654 SF T=7 468(X)-101 ~2~1 6~21 '.'ommerda ::, . .4;~7,962 5F Ln(T)t=O.643Ln0~+S ~36H 17,36~ ~fflce ' . :798,772 SF ~ 9.~ /1.000 ~F (2] 7,3Cr~ Warehouse' ': -~ 22,700 SI: 4.~H /10005F~ i'13 Hotel , ~ - 200 Rm$ ~.Y: /Rm. - 1,740 ~a~ N R de · : 633 ^utoOea[~,J~ip ' 53,072 SF : 23 /1000'S~I ~' i 1;221' MovieTh'&atte ,~ ,:- ,'' .,/4,~ Seats ...... ~' 30.~4 /10005F '? 3,2'02 I~e~.~nl:~qt~[~, 69,2~0 SF 89L9~ /1000 SF~ ~ ,229 6 Conve~ienceS¢o~e~Gas . i ' 3054~ SF :. 84~.6:' /10005F ~ 2,582 IceSkal~n~ Rink.~. . ' 93,430 '$F 549:5 /iinE! ~ 1 R~ue,,~ ' : 500 Dus : 6.63i /C)U ~ 3,315 · 63,737 6~ Edition, Equation. TYPE OF LAND USE ~'~(~:~"A'~3R~' ,, ~p~;p~ oAi~A~'~ PREVIODs}D.o. CHANGe-AND DATE OF CHANGE ~ O. Conditions None proposed N~A -~ ~.':~N6/47 ~h~;~ u~e~ [~ted~o a Movie Theater Indus~al 5creage ~09.t6 2~4.~ Acres ......... ~' ~ Bud ng (Gross Square Foo~e) 2,275 354 To~ Vehcle Trps (See Note No.. 16,834 3J~J42 ' ~p~ ~ffio~ UEe~;GJ~ s~ fi~A~on Summa~ A~ched Re-H-naal Number of Dwelling Uni~ 5~. Acreage See Note No 5 '~0 ro~l Mob q e Tdps, (See Note No.; 3,315 ~ '0 ~2~0~da ~l'7DOO0 ~olesale, Re~il, So.ice Acreage NIA g~ 2 ~ '.N~A ~ ~;-e~'~rbl~ ,OS~ C[assifl~aaon Summa~ A~ached B~ldJng (~ro~s Square Fooage) 6Z~,t68 3~:~0 37~,[88 r~ iF: 1n~u~in~ ~o~1 and ~estaUraht). Acreage NIA NIA Toal Vehicle Trips~ (See Note No.: 1,740 1,740 1,740 Bufferor Roads Lakes Retention Area l/Vetlands Sand Pine Preserve Footnotes: s excludes draina~ Ice Rinks ~ ~estaurant 'SUBSTANTIAL DEVIATI0~'~ETE~NATI ON CHART 55.90 0 0 916 0 2,500 DRAFT d 40 this NOPC 90.25 82.2 90.67 48.6 0 48.6 50.3 76.4 46.0 5.8 NO NIA N/A-- 6.O 5.8 40.0 0 40.0 ,1.13 46.5 41.13-- 3,2 acres. INDUSTRIAL USE CLASSIFICATION LAND AREA DEVELOPMENT ORDER STATUS (ACRES} PERCENTAGE PERCENTAGE CHANGE CHANGE FROM PREVIOUS FROM ORIG1NAL BUILDING GROSS AREA SQUARE FOOTAGE PERCENTAGE PERCENTAGE CHANGE CHANGE FROM PREVIOUS FROM ORIGINAL (%) (%) Original ADA 254.70 Amendment No. 1 197.60 -22.4 Amendment No. 2 199.30 0.9 Amendment No. 3 199.30 0.0 Amendment No. 4 199.30 0.0 Amendment No. 5 199.30 0.0 Amendment No. 6 199.30 0.0 Amendment No. 7 199.30 0.0 Amendment No. 8 (See Note 1) 182.67' -8.3 Amendment No. 9 (See Note 1) 182.67 0.0 Amendment No. 10 (See Note 1) 209.16 14.5 4,183,750 -22.4 4,183,750 0.0 0.0 -21.8 4,183,750 0.0 0.0 -21 8 4,183,750 0.0 0.0 -2t .8 4,183,750 0.0 0.0 -21.8 4,183,750 0.0 0.0 -21.8 4,183,750 0.0 0.0 -21.8 4,183,750 0.0 0.0 -28.3 2,784,354 -33.4 -33.4 -28.3 2,784,354 0.0 -33.4 -17.9 2,27.5,354 -18.3 -45.6 NOTES: ~~'~h~o~fi?t~ifi~hffi it~tei'mi'i~l~l~y~dding ~11 use ~lasslfiCatlons ~ncludmg an~Indt~ffial Destgnat~on (e.g., IND, 01, OIC amd OHi) FEBRUARY 21, 2000 QLPLGNCSI99004.111SS01EGJH.EXL Revised 2124100 ss0 legjheag2 OFFICE USE L~ASSIFICATION .DEVELOPMENT ORDER STATUS PERCENTAGE~ CHANGE LAND AREA FROM PREVIOUS (ACRES) Original ADA 128.9 Amendment No. l 133.1 3.3 Amendment No. 2 133.7 0.5 Amendment No. 3 133.7 0.0 Amendment No. 4 133.7 0.0 Amendment No. 5 133.7 0.0 Amendment No. 6 133.7 0.0 Amendment No. 7 133.7 0.0 Amendment No. 8 (See Note 1) 220.2 64.7 Amendment No. 9 (See Note 1) 220.2 0.0 Anientli~n~No. I0 (See Note 1) 136.2 -38.2 PERCENTAGE CHANGE FROM ORIGINAL 3.3 3.7 3.7 3.7 3.7 3.7 3.7 70.8 70,8 5.6 NOTES: 1. The acreage shown is a maximum determined by adding all use classifications including BUILDING SOUARE FOOTAGE PERCENTAGE PERCENTAGE ~HANGE CtlANGE ~ FROM ORIGINAL 1,969.500 1,969,500 0.0 0,0 1,969,500 0.0 0.0 1,969,500 0.0 0.0 1,969,500 0.0 0.0 1,969,500 0.0 0.0 1,969,500 0.0 0.0 1,969,500 0.0 0.0 1,685,772 - 14.4 - 14.4 1,685,772 0.0 -14.4 958,772 -43.1 -51.3 an Office Designation (e.g., O,O1, OIC and OIH) -~ DRAFT FEBRUARY 21,2000 QLPLGNCSI99004.111SSO1EGJH.EXL Revised 2124100 ssOlegjheag2 COMMERCIAL USE DESIGNATION SUMMARY DEVELOPMENT ORDER STATUS PERCENTAGE PERCENTAGE CHANGE CHANGE LAND'AREA FROM PREV1OUS FRO~INAL (ACRES} L~ ~%} PERCENTAGE PERCENTAGE EUILD~ 'c~A~aE CHAr~GE ~ FRO~OUS FRO~INAL SQU~FO6TAGE ~ ~ Original ADA 27.6 Amendment No. I 30.4 Amendment No. 2 29.7 Amendment No. 3 29.7 Amendment No. 4 29.7 Amendment No. 5 29.7 Amendment No. 6 29.7 Amendment No. 7 47.0 Pdnendment No. 8 (See Note 1) 47.0 Amendmem No. 9 (See Note 1) 47.0 Amendment No. 10 (See Note 2) 99.5 300,000 10.1 10.1 300,000 0.0 0.6. -2.3 7.6 300,000 0.0 0.0; 0.0 7.6 300,000 O.0 0.0 0.0 7.6 300,000 0~0 0.0 0.0 7.6 300,000 0.0 0.0 0.0 7.6 300~000 0.0 0.0 58.2 70.3 373,288 24.4 24.4 0.0 70.3 373,288 0.0 24.4 0.0 70.3 373,288 0.0 24.4 111.6 260.4 675,168 .. ~;~ 125.1 NOTES: 1 :' Th6-acreage.shownisa maximumd~termined by adding all use classifications including a Commercial Designation (e.g., COMM, OIC, OIH and MU) 2.' Tile Buildihg Square Footage shown.above does not include the hotel area calculated at 268 SF per room. February 21,2000 ssOlegjheag2, 2/24/00, 4:12 PM DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 00-056 TO: FROM: DATE: SUBJECT: Mayor Jerry Broening and City Commission Lusia Galav Senior Pianner ~ March 3. 2000 Quantum Park - DRIA O0-001/MPMD 00-001 Master Plan Amendment ~ 0 - Quantum Park and Village Second Addendum SECOND ADDENDUM Thio report is the second addendum to,the Department of Deve opment Memorandum No. PZ 00-037 to the Planning and Development Board dated February 17~ 2000. Updated information is provided regarding the above,referenced project. Substantial Deviation Determination The only reman ng issue regarding the substantial deviation determination for the proposed change relates t° traffic iml~aCts. Traffic Impacts: The applicant ha.s provided the informat on requested by the Flodda Department of T. ransportation (FDOT) and McMahon and Associates. All of the FDOT comr;nents have been satisfactorily addressed. The response from McMahon and Associates indicates they concur that the proposed deve opment does not constitute a substantial deviation. However, they are r~cor:nmending that it woud be prudent for the City to require an analysis of the impact of the proposed Change on the traffic conditions ~n the Immed~ate area of the site. This recommendation is based on the fact that the Quantum Park DRI has been amended s~veral times o~/er the past several years with out the benefit of a comprehensive traffic analysis. Included as attachments to this memorandum are all the correspondencerelated to the traffic analysis for this project received b~ staff since the staff report adc~endum dated February 25, 2000. Based on a thorough analysis of all the information presented, staff concl)udes that the proposed change requested as Amendment #10 to the Quantum Park DRI does not constitute a substantial deviation pursuant to Florida Statutes Chapter 380.06. Final Recommendations Regarding the modifications to the Quantum Park Master Plan. staff continues to recommend that the request be conditionally approved subject to the following: The processing and approval of a Comprehensive Plan text amendment to the "Industrial" land use classification definition to allow residential uses; The appr0va of the zon ng code. revision ;alloWing resident a[~ uses in the PID (COncurrent y be ng proces~e~d) ~ % ' ' : School bus stops and the school boundary notice be .p, rovid~d :as outlined in the attached; letter from The School District df palm'Be~ct~, C~Unty Florida dated February 28, 2000. Attachments: 1. Letter from the Department of Community Affairs (DCA) dated February 25. 2000 2. Letter from PinderTroutman Consulting, Inc. to FDOT, District 4 dated February 25, 2000. 3: Letter from the Florida Department of Transportation to DCA dated February 28, 2000 4. Letter from Pinder Troutman Consuiting, Inc. dated February 28, 2000 5. Letter from The School Board of Palm Beach County, Florida dated February 28. 2000 6. Letter from McMahon and Associates dated March 2, 2000 DEPARTMENT STATE OF FLORIDA OF COMMUNITY AFFAIRS 'Dedicated to making Florida a better place to call home I O0 E. BOYnton Be~chBOUlevard Boynton Beach, Florida 332[25-03 I0 February25,.2000 Dear Mr. Rumpf: The Department has completed its review of the Notice of Proposed Change (NOPC) for the Quantum Park Development of Regional Impact (DRO, located in the City of Boynton Beach, Palm Beach County, Floridm The NOPC was rendered to the Department on January 14, 2000. The applicant is requesting that the Development Order CD.O.) for Quantum Park be amended to allow the following changes to the project: I) Lot S .witches-switch Lots 3; 6, and 50B from Office/Industrial (O/I) to Industrial (I); switch Lots 39 and 40 from O/I to Governmental and Industrial (G&I); switch Lots 59, 60, 61, 62, 63, 64, 65A, 65B, 66, 67A, 67B, 67C, 83, 84, 85, 86, 87, and 8:8 from O/I to Mixed Use (MU); switch Lots 76, 81, and 82 back to Office/Industrial/Commercial (OIC) from O/I; and switch Lot 91 from OIC to At/racfion and Recreation (AR) for approved skating rink; 2) Addition of New Use-adding 500 residential, units on 62.38 acresi 3) Simultaneous Increase/Decrease of Land Uses. Regarding item 1) Lot Switches, these changes are presumed to be a substantial deviation under the provisions of Section 380.06(19)(e)3., F.S. Regarding item 2) the addition of 62.38 acres of new mixed use (residential), not already in the development order, comprises only 11 percent of the acreage and ispresumed not to create a substantial deviation under Section 380.06(I 9)(e)5.a, F.S. The simultaneous increase/decrease of land uses (item 3) are presumed to be a substantial deviation under Section 380.06( 19)(e)5.c, F.S. 2555 5HUMARD OAK BOULEVARD w TALLAHASSEE, FLORIDA 32399.2100 Phone: (8501488-8466/Suncom278~8466 FAX: (8501 921-0781/Suncom 291.0781 Interne[ address: http'//www.state.fl us/comaff/ Mr. Michael Rumpf, Manager Febmary 25, 2000 Page TWo The Department has reviewed the proposed changes on thelbasis of the .critef, ia established in ~ection 380.06(19), Florida Statutes. The modifications concerning the Lot Switches and the Simultaneous Increase/Decrease of Uses are presumed to be substantial deviations under the following Se (e)3, and (e)5.c. The addition ¢ e m a land Sincerel!, ~ ~f0~'b& Managementan~b~ic'~ AICP Administrator CG/mgl CC: Douglas MacDonald, President, MFT Devel0Pment~ Inc. Jim Snyder, DRI CoordinatOr,. Treasure coast RegiO¢~l Planning Council Eugene Geflica, Principal Engineer, Moos ~Rb0s ~As:goCiates LTransportation Pbnnars and En§inears February 25. 2000 Mr. Gus Schmidt FDOT, District 4 3400 W. Commercial Boulevard Ft. Lauderdale, FL 33309 Re: Quantum Park NOPC - #PTCO0-06 INc. 2324 South Congress Avenue, Suite 1 H West Palm Beach. FL 33406 ~...~.~,.~. (5611 434-1644 Fax 434-t663 ~~ ~. ,~ ~, ['~n3ail: oindertroutman@msn,com Dear Mr. Schmidt: The following information is provided to supplement the t~ip generation data forwarded to your off ce on February 17, 2000. Proposed changes to the approved Quantum Park land uses affect the land areas located north and south of Gateway Boulevard west of High Ridge Road. :rom a t~affic perspective, the greatest change occurs south of Gateway Boulevard with the introduction of 500 multi-family residential units. Residential us~ provide a better land use balance and also create a greater opportunity for the internalization of trips. Regardless, there is a projected increase in the number of outbound AM peak hour trips and inbound PM peak hour trips. This increase ~s more than offset by the substantial decrease in the number of AM peak hour inbound trips (2,23t) and PM peak hour outbound trips (1,092). The increase in the number of AM peak hour outbound trips and PM peak hour inbound trips is not anticipated to have a substantial impact on the adjacent roadway net, work. The land area north of G~teway Boulevard has four (4) fu I median openings from Gate~,ay Boulevard and H gh R dge Road, the after als serv ng t~e nr~ect. The land area south of GateWay Bou evard has five (5) f6 reed an openings from Gateway Boalevard and ~-tig~g Ridge Road. It is important to note that t~e peak direction of, traffic in the AM ;eak hour is westbound and is eastbound during the PM peak hour. It is projecte~ ~at a~ majority of the AM,0utbbund residential traffic will be eastbound toward 1-95 and the reverse will occur during the PM peak hour. Therefore, the peak direction of flo~v On the adjacent arterial will not be affected. Also, the increase in project directional traffic will not have a substantial impact on 1- 95, the only FIHS road serving the site. If you have any questions please do not hesitate to contact th s off ce cc: Bill Cross Annette Lapkowski Jim 5nyder Mark Lipper~ Eugene Gerlica Doug Mac Donald ~,-'"Lusia Gaiav 3400 W. Comm~ziB] ~oulev~rd For~ Lauderdale. FibNd8:331309 3421 Fe%mary 28, 2000 Mr. D. Ray Eubauks Pla-ming Manager Departmen~ of~ommunity Affairs 2555 Shumard Oak Boulevard TallY, FL 32399-2100 Dear Mr. Eubarnks: SUBJECT: Qu~amm Park Development of Regional Impact (DRI) Ci~.. of Boynton Beach, Palm Beach County Notification of Proposed Change (NOPC} requested in the letter from Mr. Kahart Pinder of Pindar Tro'a~man Consulting Inc. da:ed ~ 17. 2000, the Department has reviev,~d,~...Quan ,mm Pa~rk, ....Dsv__e_.l~°~PX~e)2 °anfalRv~e~is°~u~lat 'ct (DRB Notiifieattoa of Proposed Change t~urC) supptemen .-..-..P ~.,.., r..~.,.,~,.~ 1 was revised purSUant to the Department s comments (FDOT letter , 2000). The Quantum Park DRI was orig~ally approved on December 18, 1984. as a mixed-use development. Throug.h amendments the development order now approves the following land uses: commercial, industrial, government/institutional, office, recreatiom and hotel. The applicant proposes revisions m the DRI Maste} Plan to create a mixed-use development that inellldes c0r~'nereial, and residential uses. The applicant Nas proposed the following choruses to the Master Plan: Modifying Lots 3 and 6 ~rom Office/Industrial to Industrial to be consistent with approved site plans. Modifying Lots 39 and 40 from Office/Industrial to Oovemmemal/Tndustrial since they were purchased by Palm Beach County School District. Modifying Lot 50B from Office/Industrial to Indus~aL Amending Lots 59, 60, 91, and 62 from Office,qndustrial to Mixed-Use to be developed as pan of the "Quantum Park and Village." LoB 63, 64, 65(A, B), 66, d7(A, B). and $7C from Offiee/I~dus?ab~C°mmercial .~rncnding - - -f the "r~uanmm Park and Village. to Mixed-Use to be developeO as perm o www.d~t.state.fl us Mr. D. Ray Eubanks Febmary28,2000 Page 2 Modifying 'Lots 76, $i, z. nd 82 from Office/Industrial to Offic¢,qndustri~Commerciat reversing the change made in the previous NOPC~ Modifying Lot 9 [ from Office/Industrial/Commercial to Attraction. and Recreation t~ reflect the approved ice rink and skating facility. The following are our comments: The applied[used an uvXnown tril~.generation rate for the Auto Dealers~2p Use Categorf in the D~iy Trip Oeneration Comparison. The Department applied the IT~ dail~ "A'~era~e rate of ,7.~0 per 1000 square feet to determine that the Auto Dealership would generate 1,990 daily ~ripsand a total of 6~,506 daily ~ps for the entire DRI. The figure is ~ll less than tb, e approved 64,698 trips. The study s~v¥'~ that the numb~ ofd?~¢tio .nai AM ~ hour tri~ out o f ~e ~ a~ m~s into ~e D~ ~crease~ by ~ee humeri ninety-six (396) trips. ~e applic~t's a~ifi0~ ~yhs ~dieat~ ~at.~e'incr~e wii1 not im~et &e ext~ road~ system since ~e ~ps ~tl ~ disffibuted m ~ver~ ~links and MH be ~a~I~g in the · reefio~. Also, ~e ing~ ~ ~e ~i~t~d ~ong project ac~po~ts, ~ ~H not ne~fively impa~ ~o~ding ih~ections. In summ~ary~the QuahtumP~rk. DRI NO!~C: pm~i~te~ to t~e Department is sufficient a~d we have no further objectiomi Pie~;ieel ~e to c0rk~ct this ~ffi¢* at (95~-):7¢7-4601 should you have any question~. GS:aI Jim Snyder, TCRPC Bob Romi$ Joe Yesbeck Bill Cms~ Sincerely, Ou~t)> o Schn]idt, P.E. Dis~ct ?farming'Manager PINDER TROUTMAN CONSULTING, INC. fransportation Planners and Engineers February 28, 2000 Ms. Lusia Galav City of Boynton Beach Plannin§ Department 100 E. Boynton Beach Blvd. P.O. Box 3t 0 Boynton Beach, FL 33452 2324 South Congress Avenue, Suite 1 ~ West Palm Beach· FL 334~ (56~1~34-1644 Fax 434-166~- · .-.~ ~ [~q-a~ pin~ertroutman~msn.com Re: Qualm Park NOI~g~ #1 - #PTC00~06 Dear Ms. Galav: Attached are revised peak hour trip generation tables dated i~ebruary 28, 2000. Reeisions to the tables,..origina y submitte~d to your'office on February 2; :'2000, have been made based on comments conta ned in a letter from McMahon AsS°ciates; In~:..d~ted February q 6, 20C~0. In i~articular, this letter addresses items 2, 3 and 4 on page ~ of the McMahon letter. As in our previous correspondence, two (2) trip generation scenarios have been provided as you requested.- Revised, Exhibits 1 and 2 provide the A~4 and PM peak hour trip gener;;tion compafi~n of the ADA approved land uses artd t~e proposed and uses for ~NoPC # 1CJ.' ~,evised ;Exhibi~ 3 and 4 present the AM and PM peak hour trip~ g~neration campariso-n of the most recen~ NOPC land use (NOPC ,#9) and NOPC # 10 land uses. For your information I have also, providec~ an Exhibit 5 which documents the daily Tri-Rail trip generation. The results of correcting all the "discrepancies" identified in the McMahon letter is that the reduction in trip generation of th.e proposed la~d uses compared to the ADA land uses is greater than previou~y reported, during both the AM peak ~0ur and. the PM peak hour.. Exhibit I shows a reducti0r~: of ~131 AM peak hour.trips and Exhibit 2 showg' a reduction of 834 PM peak hour trips. These reductions in peak hour traffic were previously reported .as 1,979 and 697 for the AM peak hour and the PM peak hour respectively: Do not hesitate to contact this office if you have any questions~ ~[~a/h a r t-M .~ ~i~e r, -Al C p Principal Cc: Eugene Gerlica Doug MacDonald Exhibit 1 (Revised 2/28/00) Quantum Park NOPC #10 AM Peak Hour Trip Generation Comparison .ADA Approved ~ Land Use' "~¢r' f .. Total Trips Total ~ - Land Use .. Code. . Intensil~z Trip Gen~ratibn Rate (1) n Out Tri Indust~ql '-i-. :i r ' ..,~1~ 4t1837,50.SF(2 0,92 /10~SF(88/12) ~ 3387 462 3,849 Ralafl=~ ;-: ~ ,82~ , -3~ ~F(3) Ln(~=O,596L. Xe2.329 61~39) 187 120 307 - ~ ~71, 1~969 ~,: S~(4) ' ' 1,5& '/~ ~S~88/12 · 2~0~ 3~9, 3,072 ........................~ ' ................ ~ ' ' : ' r ' ' ; 634~ 999J 7.344 proposed ~7~( 798.772~-~F 1.56/lt~S¢(88/12) , 109[ 150 lt246 ~ ~4'1 ..53~072 SE 2.21 /1,~E(73/27 8~ 32 117 4a4 4r~ Sea~ 0.02/Sea (5]/49) (6) 41 39 flO "832 28,4~ SF ' 9.27'/1~5Fr(52/4~) 137 126 263 69,~0:S~ . - 081 /1~5F 51/49) 29 27 56 465 . 93t430 ~E . ' 2.94/I~O~SF (65t35 1~ 9E 275 (1)'5ourcer tnslilht& of T/.tnsj)oUa lion E ,gine~r~ flTE j/I-dl;'~'~;~i~o~l~ ~'l~-~il'~n. ' Exhibit 2 (Revised 2/21],/00) Quantum Park NOPC #10 PM Peak Hour Trip Generation Comparison ADA Approved. ~:,;.~,.~d~:. ~:~ .5 :~ ;~c a~3:7;~0-:S~i2~ T'' ~.gB~/lOOO'SF(1:2/SB)%', ' 49~ 3~ 4,100 12 ~bP~ ...... ~ -.: ~7/~ ;~ - -~nh~ .... ~.0;~1~/i;000,-5F.,(2~76) , : ~, r - .c ........ ' ~O~Rl 6~s 0 6~/R~m.(6 ~40) ' 0 124 Exhibit 3 (Revised 2/28/00) Quantum Park NOPC #10 AM'Peak Hour Trip Generation Comparison NOPC ~*9 Approved .... - - I.du~m~l .~. : . /713~( 248~54 SF 092/!0~F~QWI2 201~ 274 2284 ~EI~I:'"~ ' .? ' 8'2'~ 29~,~2 Sf tn(T)=o,596Ln~X~+~33~'(61739)' ' 187 L l~d , 307 ~[i~?~*-~:~'.~ .. ~ · 1 ~85;~72.5F 1.56;/1,~.~ 8~12~ 2314 316 ~b~::~l~fii~,' : f- ~1 5~0~2' ~a~ , -2;21 I1,Q~;SE(7~/~ ' 85 ~2 ~ 1,17 ~,r~nt,H~hTumevbr ', ~ ' ~;~0 SF ;' , . 9~7/l~e00SF(Sz/4~ 101 94 195. -'- Lahd Usb , Tol~ Tri~s Teal -,.,,~.~ L~pc[U~e -~ I~ode - tntensil~ , Yi ' Trj~"Gesbrai~o 'R~te(~l) In ~ut Trips (n~stri~] II.C 2,252~654 SF 0.9~/1 ~SF 88/t2) 182 24~ 2,072 i . ~ 2C ' 42~62 SF Ln ([) = 0.596Ln(~2:329(61/39). 23~ 14g 380 ~Jf~': ': ,~ 79~,7~2 ~ 1,fi6/l~O SF 88/12) 109( 150 ~ 1,246 ~0v/e~he~te~ : - : ;~4~4 . 4,000 ~q s 0.02J~at (51/49) (~) 4~ 3~ 80 Srai;flifih ~rnb~ :' 'ff~2 2~E~ ~,27/1,~.~(~8) 13~ 12~ - 263 6~q~]Ity ~._ :~. ; ~3~', . ' .~9;~5P ~_ - 0.81, ll;~ SF,(51/49) 29 ' 22 56 ~4; ~ . 77.6fl/1 ~O~75F.(~O) 11~ 11~ 23~ ~[d~tJ~l ~tJ~E~iJy. ~J;2O .... ~SOb D ~ : - 0 51;/DU 1"~/8~) .... 41 2~4 255 Net New Extei-na! TripsI 1644)1 811 [ 034)I Exhibit 4 (Revised 2/28/00) Quantum Park NOPC #10 PM Peak Hour Trip Generation Comparison NOPC #9 Appm~d ~Proposed Exhibit 5- Quantum Park NOPC # 10 and Associates, Inc. Quantum Para DEl Trip Generation (ADT) Update 0 ~ ~m~ c~ J~us~i~ 468,47~47B (p~ 14 8~ 839 Cu~ S. JOA InduStJi31 5lA 27.000 899 ' ~ ~.000 ~013 16 442 ~1 ,pal~ 8ea~ Co~ S~ool B~a~ Public H~ S~tj ' ' 1A,41B.41C.42A,42B,43,44.4S~.4~a~3,$ Td ~il (3) Par~ & M~ola Offi~ . ~M b ~iates, : fnd~tti~ 4fA ~B,47B (~ ' 24,000 884 Sun ~ine; TOTAL 18,037 G .,"04 7 ?-2.202/wp/r epo ms,'Tri pge n .wk4 THE SCHOOL DISTRICT OF PN.M BEACH COUNTY. FLORIDA F~LN, INING & RE~ ESTATE 0 FOREST HILL BOULE~N~D. C-331 WEST PALM BEACH. FL S3406-5813 (561] 434-8020 FAX I561)434-8187 February 28, 2000 Dr. H. Benjamin Marlin, Superintendent Mr. Michael W. Rumpf Director of Planning and Zoning City of Boynton Beach 100 EastBoynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 RE: Park ~- DRi~ 00~00~/MPMD 00-001 Des The School .:.~.[~trict of Pa m Beach County Planning and Real Estate Depar[ment, revi,e,.wed the proposed amed~dment ~ QuantUm DRE Th s m~UeSt ~to; a 10W.~or a mixed~u~~ devel0p~ent called Quan~m Park and v ~g~'.~qS~ncl~d~'500 mu[ti (am y ~esidenfi~l un:its.' · The s~ol~pr~enfly se~in~s area am: . Scho~l~ ~ ' ; . . Capaci~ Enrollment Ro ~en~E)eme~a~ school - -~602 - 848 Sant~&~:H~ S~h~d~ ~2518 3331 T- ~,~: ,:~.-;-~ ~-;,-~ ¢~,~ Year Pia~ sho~ that New Elementa~ School M scheduled to open in August 2001~[tl~p~ ?r°ll~ent re~ef to Rolling Green Bem~nta~ School. New Middle Sc~ol BB scheduled to open in Au~(2OQj%y~iil provide enmll~ent r~ ~fto~ongres~ M ddme School and new High S~oom mil scheduled to open in Au~;~t 200i ~ ~ro~ide enrO I~ent reliei to ~nta~uces High School Bo~e~0~ S~h~ D star's adopted mui~p er for an average multi fa~ly house, 50Q units may generated 25 e em~ta~-~ol,chlidten, 80 middle school children ~d 80 high school children. nuni~ the Sch~ D~ri~ is;requesting that a condit~n of approval includes a bus stop d in front of any accel, conSol points. ~ese bus pull ( ~e size and loc~ion of all such school bu{ lanning, and :Eng neering DepaAments as well as the The The with school ass gnments for students from this development. ind visible loc~tion in ail sales offices and ~nodels "NO~TICE TO HOME BUYERS/TENANTS" -. - School age childrer~ may no['be, assigned tothe public school closest to their res~aences. School Board po i¢ies regarding Overcrowding, racial balance or other boundary policy deoisions affect school boundaries. Please contact the Pa m Beach County School District Boundary' Office at [561) 43~,8100 for the most current school assignment(s). f there are any questions, please call me at 434-8800. g :t; ist(Educat'o ) c: Linda H. Hines An Equal Education Opportunity Provider and Affirmative Action Emplo~r [~002/002 ~ March 2, 2000 Lusia G~lav, Smfior planner Planning and Zoning D{vision City of Boynton Beach . . [ 00 East Boynton ]Beach Boulevara p.O. Box 310 Boynton Beaoh, FL 33425-0310 R.E: Quantum Park DR/NOPC - Ameadmcnt # 10 MoM Project No. M00037.0 Dear Ms- Oalav: (DCA), Ae D~partm~nt of Transpo_rt. ~endw~t ofiginM ~velopment Otd=r. [npmiculg, the r~iew by not ~p~cted to ~ the criteria ~blish¢d in C~pter 380.06 (19), Florida S~t~. Als~ revis~ ~1~ pmenl~:by Pind~ Trou~. C~uking, Inc. resolv~ se~e~ ~u~ons ~at were ~ by MeMnon ~i~es d~ia$ o~ rew~- · ' ation M~on Associ~s ~no~s ~at ~e ~pos~ gevelopm~ d~a not In light ~ ~:s n~ m~ , ., ....... ~ .~ ,~, ~ ~ · ~oul~ ~ot ~lt M a n~,dent ~ wi~ ~ tO ~ On~ Devmiopm ..... '-~-- ~;~ou Ch~ It ~s our opxmon , ' ' 16 ~ol~d~de~e~e~nt~ficp..~Pe__~n ~ cl~fi~om should y~ g~ ~t newsy. If you ~vc ~y qu~io~ ~mi~ ~ above m~r, pl~ ~ uo~ ~i~m ~ ~11 me. Requested City Commission Date Final Form Must be Turned Meeting Dates in to Ci~yCle~k;s Office [] March 21. 2000 [] April 4, 2000 [] April 18. 2000 [] May 2, 2000 March 8,2000 (5:00p.m3 March 22, 2~)00 (5:00 p.m.) April 5, 2000' i5:00 p.m.) April 1.9; 20frO (5:00 pan.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Publk: Hearing [] Announcement Requested City Co ,mm~ssion Date Final Form Must be Turned Meeting Da~s in to City Clerk's Office [] May 16. 2000 May 3, 2000 (5:00 p.m.) [] June 6, 2000 May 17, 2000 (5:00 p.m.) [] June 20, 2000 June 7. 2000 (5:00 p-m.I [] ~luly 5, 2000 June 21. 2000 5:00 p.m.i [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation XI-LEGAL ITEM A.1 RECOMMENDATION: Please place the request below on the March 21. 2000 City Commission agenda undar Legal, Ordinances - Second Reading. As you may recall, the first reading took place at the March 7~ City Commission meeting end was approved to amend Sections 8.A.3,a(5) and 8.A.4.e of the M- 1 zoning district to allow as ~ conditional use the curing of sub-primal portion of meat. Staff recommends this request be approved. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BERRY VEAL Richard W. Carlson, Jr., Esq. Berry Veal Corporation 1421 Neptune Drive Request to amend the M-1 zoning district regulations, Sections 8.A.4.e tlnd 8.A.5 .a [5) to allow as a conditional use the cutting of sub-primal portions of meat and pre-cut ~oultry into serving portions, including packaging and shipping, and to clarify the list of prohibited uses. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A. ALTERNATIVES: N/A Dep ector · ' City Manager's S~gnature City Attorney / Finance /l-tuman Resources ORDINANCE NO. O O0- AN ORDINANCE OF THE CITY COMMISSION OF THE City Commissior~*?oP~ ~Qty~of:.~ Boynton Beach, Florida as ; dtizens and residents of the ~ty to amends* c~n sections of the Code ,of Ordinances to allow as a poultry the fist of ~rohibited uses; and NOW THEREFORE, BE 1T ORDAINED BY THE ClTY COMMI~SS[ON ~F THE CITY OF BOYNTON BEACH~ FLOI~DAr THAT: Section 1. Chapter 2, Zordng, Section 8.A.4.e is hereby amended by ~dding the words and figures in unoerlined type, and by deleting the words and qgures in struck-through tYPe, as ~oilows: 8.A. 4.(e/Curt]no of sub-orimal oortions of meat and ore-cut ooultrv into ;ervino oorfions includina oacka_oinc~ and shippinq where ore-cut oortions [enterino the ~acilitv~ will not exceed 10 oounds and waste aenerated will not .=xceed 1% of ore-cut product. Section 2. Chapter 2, Zoning, Section 8.A.5.a(5) is hereby amended by ~dding the words and figures in underlined type, and by deleting the words and ~gures in struck-through type, as follows: 8.A 5.a(5) Mcat -~-": .... ~ ....'~-' · w ....... ~ .... w~-,- ~ ........ ~. Slauahterina and renderinq of meat and poultry orocessina, and dressina, from carcasses. J Sectiqn 2. All laws and ordinances appl~ng to the CitY of IBoynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 3. Should any section or provision of this Ol~dinance or any ~ortion thereof be declared by a court of competent iurisdiction robe invalid, ~uch decision shall not affect the remainder of this Ordinance. ~_ This Ordinance shall become effecti~e, irnm~iatel¥. FIRSTREADING this day of March, SECOND, FINAL READZNG AND PASSAGE this day ~ March, 2000. ClTY OF BOYNTON BEACH, FLORID~ Mayor Vice Mayor Mayor Pro Tern Commissioner CitY Clerk Commissioner TO: THRU: FROM: DATE: SUBIECT: DEVELOPB, IENT DEPAR'I3,1EaNT i~,EEMORANDU~I NO. P-Z 99-308 Chairman andMembers Planning and Development Bqard Assistan~Pla~er D~¢embet I3~ 1999 Req~-st?~ ,:M~I zohlng distort regulations to allow as a coediti0nal use the cutting oe:,sub*P~im~onlous off, meat and. pre-CUt poultry int~ serving pgrtiorl~; ~lucl~ng p;~ckaging ami ~hi'I~ing';~.tO CIa~:~h~ d~s~riptibn Of the-rela~ed i~f0hiBir'e~use~.' ' NATURE OF REOUEST Richard W. Carlson, Jr., Esq., acting as agent for the Berry Veal Corporation. a 'manufacturer/food preparation within the City of Bo)'nton Beach, (see Exhibit "A" - location map), is requesting a chang~ to allow as a condit~onsl use the cutting of su~-p~al portious~ including packaging and shipping. This a ' the list of prohibited uses to clarify the rather general and ~ pacldng and poultry dressing'. BACKGROUND The Berry Veal Corporation opened its business~in the City of Boynton Beach in 1985 under a license of manufacturer/food preparation. The principle procedures in this business consists of cutting meat to separate it from hone (sub-primal cut) and package it into serving, s/zed portions acco?,ing to customers needs. Land Developmem RegUlations Chapter 2, zoning~ Secti°fi ~ A~3.a.(5).allows Prepared meaX, seafood, and poultry products" uses, once an- environmental review perm.ir is secured. The same Chapter 2, Section 8, A.$.a.(5) prohibits "Meat~packing and poultry dressing~. The applicant requests that a new use be added in the M-I zoning district regulations under conditional USe (Chapter 2, Section 8,A.4.e.), .and read as follows: "Curing of sub-primal portions of meat and pre-cut,poultry into serving portions including packaging and shipping." This request also includes a modification to the list of prohibited uses in the M-1 zoning district. The applicant requests that Chapter 2, Section 8,A.5.a.($)., be changed from "Meat packing and poultry dressing. ~ to "Slaughtering and rendering of meat and poultry, processing, and dressing, from carcasses.' (see Exhibit 'B" - Statement of Request). ANALYSIS As stated above, Berry Veal Corporation has been doing business in the City of Boymon Beach since 1985. Staff assumes that the original approval was the result of a more lenient interpretation of die code. or was seal on an understanding that the subject use did not include the cutting (butchering) of greater portions of ,~eat. The business has subsequently increased its operation to the point of nvergrowing the existing physical facilities. In order for them to remain competitive they have expressed the need ~o expand their facilities, Page 2 CDRV #99-004 ~.~ including building a new storage/cool room area. The cool room will- increase their capacity to store larger ....... quantities of both pre-cut and cut material, and thus provide better (quicker) service to their customers. AS Staff currently ~_terprets the ~-i code to prohib t meat c~ting and packing ;(and the code does not specificallyl define me~t packing , the Use is now construed .to be Iegal non-conforming.i The Land E3evelopm-ent Regulations, Chapter 2, Section i i.I.D.2., NoncOnforming uses and struc0ares, states- 'No structure u~ed for a nonc0nfomaing use shalt be enlat,,ed, extended reco-ot ..... a ...... : . - ' · . - . = · ,,,~ ,~.~uu v~ ~tructurally altereo, unless the use m changed to one whzch comphes wxh the provmor~ of this chap(et-~ordinance)[~ Tha applicant has eipressed his intention to bring the use into conformity (by the subject amendment~)~ and subxequenfly Cbn~plete the needed e,~pansiOn in compliance With current City regulations. .- The applicant beIieves that Berry VeaI's nature of busine~ ~hOuld include meat eu~nd:packaging and ' ,~ shipping~as~Permiaec[~sp'~Ct:'ctfthe endrenrocess, · ~s a o r"t '~ .... . _ ~ p ~ca~mgismppmg ~ · ppr~ p m; · m the indusma! dumct The apohcant also sta ea that ~mtmant~ ~d e,,~,~-~.,,~. -- :~'; ~,7 ...... ~' · ' , : ! '; :: '~ __ , ~i .~-~,~u~,~..~ ~..~,e~narKe~ are allOWC~ · ~o rocess and P p ag me~ ,for ~¢tad customers w~ n commercial n ~ - . . thi zom,, thstmct~, at a ea ge ter intensity · ~; ~a .e~enfiY allowed' re;the more ~ntense M-1 zoning dismct, It ~S nnteW, o~&Y, tha~ ~Be~ yeal is in full ".;~,~Comp3iance with~ ..... federal c~ntro[ regutatiom:as verified daily.by~ resident, USDA. ~ ectorp . In facL :,:, yistted the s~e and wtmessed the Iow cutung stage and cleanliness of the operanon. ii ~ith respect to impacts, staff feels ?at the subject , ~ ~e to !the cIeanliness of the operation and proximity to other ' i!~ll:.~lsobe subject to en~onmental reYiew (the e~istihg 7 3~{ippfovaI in i985). cIisrrict~ industrial : jurisdictions to obtain their respective regulations.~ O~ the thr~ ~ tonal use process, Dekay Beach uses the-conditi0haI use ~roe~ r~ :bas for pe eorm ce, mclud g samy, com ti{ tyT tcTM ounty, simply allows meat cutting as a permitted Use, a~id the ~ky of with code language similar to the city's current regulations. RECOM31ENDATION. ~eaff recommen~ that the subject request be approved, based on the following- I) the~ proposed revisions are consistent with the intent and purpose of the M_i zoning ctistrict regu!arions; 2.) the proposed revisions will have no adverse impact on adjacent properties nor on the Ci~ as a whole; and ~) the proposed revisions will update the City's industrial zonin~ district re.~uN~; ...... ;~'- - pomon cutting; processmg and shipping-of meats, and nrevent furore mult/-I~ ;.~,~_2 ....... subject regulations. Staff assumes that the original intent of the Zoning regulations was to specifically prohibit the more intense stages of meat processing such as SlaUghtering (and the associated impacts such as noise and waste) which are not characteristic of uses involved in the lower end of the process. ~? con.d!tiOns of approxtal are~ recommended, however, ~a?~.conditions recommended by the Board, or ;~;~quifea oy the Commission. ,shaIl be documented in Exhibk C - Condkions of ApprovaL. ~thibits . . ~%:MR M1 1/8 MILE 400. '800 FEET Richard W. Carlson, Jr., Esq. .. 23;77 Crawford Court La~..tana, FL 33462-2511 Phoae (561) 433-0172 Telecopier (561) 433-0874 EXHIBIT "B" November 4, 1999 MAke Rumpf, Planning Director City of Boynton Beach 100 Beach Boulevard Re: Berry. Vea! '~ Code Revision Dear Mike: fe~ ~"* willi Develo! for taking the time for a site visit and ~eeting a ~.Veal facility. We appreciate Your and evaluate the City's Land meat I wr~t~ Section of an de. an indu: Veal suggest prohib: the M-1 relative to its effor%s to expand its ;n business located at 1421 Neptune Drive. co~e review that would modify Chapter 2, ~ distinction between meet processin~ operations. slaughterhouses are properly a 'prohibited use. packaging done by Berr~ Veal has less at a supermarket 9r even a the use is located in ~re is no reason why the business of Berry in the M--1 zoning district. I SASa(5) and '8A4 be amended to provide ~ and rendering be poultry portioninq or packaging of ~cu= portions be addressedas & conditional use in At classJ informati, of our meeting I promised to bbtain the SIC use. I had some difficulty'obtaining the · it proved to be of little help. I for your consideration. To a[~is~ Y~U, I have prepared the:following language for your Mike Rumpf, Planning Director November 4, 1999 Page 2 of 3 review. I sugqest Section 8ASa(5), Prohibited uses, read: Slauchterin~ and renderin, q of meat~ ~' and poultry -rocessin an~ dressing, from carcasses. A new Section 8A4e, Conditional Uses, Should beadded~o ~OU As you for a Code a clear enclosed is a the Code review as we di Veal f~om. your site v~sz=,' zoni! a Veal. the ~ The expansio~ proposed business de,ands. Note that of operation times that of substantial 'inv loss of value property determination'that the use is which Would ~f non- and Berry Veal cannmt continue an~ conforming use. The loss to the City is obvious. Veal ;. Most of extremely you could- see proper=y abc what is foun~ witk the level of-~c [n~ re non- the Mike Rumpf, Planning Director November 4, 1999 Page 3 of 3 / facility is t~ruly a clean, light .industrial use. site We again invite you or other Boy~t~n officials to visit the 'time for a tour of the facility, we will also provide such as the USDA reports - as ~u see fit. :e the business, is ~re will be the you. S~ely, ~i~rd W. Carlson, Jr., Esq.' c:~ Richard Gioia, President, Berry Veal Project name: Ber~ Veal EXHIBIT "C" Conditions of Approval DEP ~ARTM~NTS ~ ~ . - INCLUDE P.EJECT PU Uc o s'. , C°mm~nts: None X comm~n~; Non~ ~" ' X C~,nm ~q~ X Comm~n~: ;Non~ Cmmen~:: None X ~mSen~ ',None X FO~~O~rST C~mmen~ :,~one X ComSe~:~No0e X I. Text~scdbing conditional use shall also state ~at all pre-cut sections of X me~:~n~eting ~e use shall not exceed I0 pounds ~d w~te generated :s~al!~[~x~ed I~. ~D~ON~ G!~ COM~SSION CO~ITIONS 2. To b~ detemined. MWR:dim DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BERRY VEAL APPLICANT'S AGENT: Richard W. Carlson, Jr., Esq. APPLICANT'S ADDRESS: 1421 Neptune Drive DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 1,2000 TYPE OF RELIEF SOUGHT: Amend the M-1 zoning district regulations to allow as a conditional use the. cutting of sub-primal portions of meat and pre-cut poultry into serving portions, including packaging and shipping, and to clarify the description of the related prohibited uses. LOCATION OF PROPERTY: 1421 Neptune Ddve DP, AWING(S): SEE EXHIBIT "B' ATTACHED HERETO. X THIS MA'I-I'ER 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 MA'I-TER came on to be heard before the City Commission of the City of Boynton Beach, ~lerida 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: 1. 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 X.. 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 suppoAed by substantial competent evidence are as set forth on Exhi~t ~C" with notation "included". The Applicant's application for relief is hereby X GRANTED subiect to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other DATED: City Clerk Requested City Commission Meeting Dati~ ~ [] March 21. 2000 [] April 4~ 2000 [] April t8.2000 [] May 2, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM xI. Date Fina~ Form ~st be Turned Requested City i~to C~. ~lerk s Office Meatin~ Dates MarchS, 2000 (5:00pm.) [] May 16,2000 March 22, 2000 (5:00 p.m.) [] June 6, 2000 April 5, 2000 (5:~Op.m.) April 19.2000 (5:00 p.mj [] June 20, 2000 [] July 5. 2000 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] --1 Annotmcement [] Commission Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m3 June 7. 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) Development Plans New BusineSs Legal Unfinished Business Presentation LEGAL A. 2 RECOMMENDATION: Please place the request below on the March 21, 2000 City Commission agenda under Legal, Ordinances - Second Reading, AS you may recall, the fn'st reading took place at the March 7t~ City Commission meeting and was approved to abandon three (3) segments of street fights-of-way. Staff recommends this request be approved. EXPLANATION: PROJECT NAME: AGENT: LOCATION: DESCRIPTION: WAL~rMART J. Robert Bray, Assistant Vice President of Real Estate WalgrMart Stores East, Inc. Northwest comer of Winchester Park Boulevard and Boynton Beach Boulevard Request for abandonment of three (3) segments of street rights-of-way totaling approximately 0.13 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A' ~ Dep armaeai~ f fJevetf6pment D~rectur - ?larmin~ and ~onin~ D~eato~ City Manager s S~gnamre City Attorney / Finance / Human Resources ORDINANCE NO~ AN ORDINANCE OF 0 00- XI. LEGAL A. 2 OF 0.13 FOR ~ IN requesting the and f 0.13 acres; D .WH.EREA~.,. ~..mm. ents ha~e been solicited from the appropriate City epam'nen~s, anti puDmic neadn..gs have been held before the City's P arming an.d. aD:c~e opment BOard: and the' otY Commission 'on the proposed abandonment,~--~ WHEREAS, based on the foregoing information, the said rights-of-way no longer serve any useful purpose. NOW, THEREFORE, BE 11' RESOLVED BY THE ClTY COMNZ$$]*ON OF THE C.,'rTy OF BOYNTON BEACH, FLORZDA THAT: ~ The City Commission of the City Of Boynton Beach, Florida by and through its City Commission, does hereby abandon three street fights-of-' way, more particularly described in Exhibit"A", attached hereto. ~ The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public RecOrds of Palm Beach County, Florida. ~ This Ordinance shall take effect immediately upon passage. FIRST READING this day of ,2000. 2000. SECOND, FINAL READING AND PASSAGE TH~$ day of March, C['TY OF BOYNTON BEACH, FLOP, ZDA Mayor Vice' Mayor Clerk Commissioner Commissioner 82/2B/200~ 12:15 551375~259 ~OYNTON ~ p & ~ PA~' 05 EXHIBIT "A" (Street Easement) LEGAL DESCRIPTION: ABANDONMENt. ~ECE2 · ABANDONMENT PIECE 3 Oagin at the 8outfl--..~t ~omer of Mid Tmot 44; nm tMnce 8. 87'32'52' W. al ~ the South I~]ndary line of Ute ~lhe.~ *A o~ SECTION 19, TOWN~P 4~ ~OUTH, I; MIGE 43 EAST. palm i)ea~, Ro~, · ~istMoe o~ 30,01 feMto U~ so.them _oomefl~ ~ Tra~ thence N. 0~ ,01~4~' W. along the Ea,t bo.n~ ~ of ~ Tmo~ ~0, a e~ o~ 20.01 tflen~e N. 8T'32'~' E., & distaflco of 30.01 fee~ to & point on tM West Ix~zml~ fine of said 44: ~en~$~ 01'01T4~' E. along ~o W~t boufl~ry ane ~ ssid Tra~ 44,'a s~nce of 20.01 feet to the !~r~OF BEOINNINO. ~ pamet cea(eMs 0,0138 acres (000.2 Mumu fee~J mom or less. ABANDONMENT PIECE 4 A pofllofl ef tlut ceflalfl 20 fo~ mad RIgM-~-Wey lying boiween Lo~ A. Bk~ 4 trod t~ A, Bloc~ S. PAt. M ~ FAf~dS CO. Pr.AT NO. 8, as roeoflfed Iff Plat 8ook S. I:~J 73. of the Public Reco~s of Pm ~ Coamy, ~, being mom pafl~d~y de~Fibed mi of 30.00 fee~to a point on.the East boumlaqt lIM Of said Let A, ~ 5; them along t~e Gist Uouncla~y 6no Qf ssicl t.ot A, Blocit S, a ~Ustance of 3~.o0 ~eet ~ comer of ssld L~ A, Block S; thence N. ~7'32'52' E.. a ~,aflce ~ 30.gO fm BEGINNING. Said ~ ?ntl~s 0.0~41 R_~S (1040.8 SquOr8 ~Ot) mog~ o~' ~ ,~2' W.. a dLqtan~e e N. 01'222~ W., ttl~l NO~ to tile POINT OF KNOW ALL HEN BY THESE PRESENTS that me City of Boynton Beach, Florida, a mun cipa corporation, under the la~/s of the S~ate of Floridar does~ I~ereby abandon ~hree sb'eet rights-of-way, as more particularly rdescnbed herein asExhlblt A. IN WlTNESS WHEREOF, the duly authorized officers of the City of Boynton Bea~ Rodda/have hereunto ~set their hands and affixed-me seal of Suzanne Kruse, City Clerk STATE OF, FLOR,TDA COUNTY OF PALM BEACH ) )SS: ) BEFORE t4E, the undersigned authority, personall~ appeared GERALD Broening and SUZANNE KRUSE, Mayor and City Clerk ms ~ecfively,. of the City of Boynton Beach, Rorida, known to me to be ~he persons described in and who executed the'foregoing in~bument, and acknowledged the execution thereof, b3 be their free hand and deed as such officers, for the uses and purposes mentioned therein;' that they affixed thereto 't~e official seal of said corporation; and that said instTument is the act and deed of said corporation. WI'TNESS my hand and official seal in the said State and Counb/ this __ day of March, ~.000. NOTARY PUBI.[C, State of Florida My Commiss on Expires: 82/28/2888 12:15 5613756259 BOYNT[]N ~5~.Np & Z P~ 85 EXHIBIT "A" (Street Easement) Ap th( ABANOONMENT PIECE 3 6UBDIVI~ION OF $~CTION 19, ?OWN~I41~ 44 SOUTH, ~ ti1 .enae 8, ~/°32.'52' W. l ~ 61~'11ON lh TOWI~ItlP 4~ SOUI'N, Sakl,~arc~t ~alfl~r 0-0128 acme (000.2 sflu~e feet) mom or less. ABANDONMENT PIECE 4 20.01 feel;, TO: DEVELOPMENT D~TMENT M MOR VM Oo-oo Chairman and Members Planning and DevelOpment Board. THRU: Michael W. Rumpf Plfinning and Zoning Director FROM: $ose R. Alfaro Assistant Planner DATE: February 3, 2000 SUBJECT: WALMART- ABAN 99-~006 Street Easement ABAN 99-007 Street Easement NATI. rRE OF REQUEST 1. Robert Bray of Wal Mart Stores East, Inc., is requesting the abandonment of the following two street rights-of-way: 1) a right-of-way segment dedicated to the City by the plat of Subdivision of Section 19, as in Plat Book 7, Page 19 of.the Public Records of Palm Beach County, Florida; and 2) a street right-of-way segment dedicated to the City,by the plat of Palm Beach Far~ company No.8, as recorded in Plat Book 5, Page 73, Public Records of Palm Beach County, Florida. The attached Exhiblt A shows the locanon of the apphcant s nrone~-~ ~,~ ,,-~, .~u. ~ ........... o aoanooned. The attached Extfibtt B mcludas a detailed sketch of the proposed abandonments. BACKGROUND Wal Mart Stores, Inc., received site plan approval in August, 1999 to develop a .Wal Mart Supercenter Store on the northwest comer of Boynton Beach Boulevard and Winchester Park Boulevard. The fa:st group of easements proposed for abandonment are surrounded by the Wal Mart property at the northeast comer of the site~ In fact, the plat of the Sulxlivision of SeCtion 19, approved in 1917, shows a thirty (30) foot wide street fight-of-way run. i.~ north to south ~e~,~. th~ oject property. The majority of the said thirty (30) foot wide right-of-way has beeh previously ;be~.Oned a~:.d is alr~dy inco~0rated as, tY4rt of Wal Mart property. The portions s~iI1 dedicated to ity are mose segments subject of this request, and are identified by the numbers 2, 3, and 4 in the survey (see Exh/bit "B' .y7~ The seco.nd group of easements are shown on the plat of Palm Beach Farms Company No.8 as a street rigl~t~of-way dedicated to the pe.r~, maLuse by ~the P~bilc. These segments of e~sements are the ones identified b½ the numbers.1 and :5 in:th~ surVey, fit ~:uncertain whY only a portion of the unimproved rights-of-way were previousl ' a~oned~ However. it ' ". ~ . . . . . . ? . . ~s logical to complete the aoandonment of these rights-of-way which wilt no longer serve a public purpose. ANALYSIS _ ~According to the applicant, the subject easemenm are:currently not being utilized by anv a~encv and f m_u. nicipality, ana are not of interest for any publie or. private.utility company do'ing ~us~'mess'es in ..me ~:.ity. T..h/s would eliminate any negative impact in the. surrounding area, specially considering mat me subject parcels are located within the boundaries of the Wal Mart project. Page 2 Memorandum No. PZ 00-001 ABAN 99-006 Furthermore, the City departments involved in the review of all reqne.S? for abandonment, and the utility c0mparfies notified of the request are identified below. Pubii6 notice was given to the property ovmers that abut the streets and ithas been advertised in the newspaper. The responses by the utility companies and city departments are as follows: CITY DEPARTMENTS Engineering Utilities . Planning and Zoning Police No objeCtion. No objection. No o~]:eCgn' NO objection. PUBLIC UTILITY COMPANIES Florida Power and Light The sub Company [Adelpbia) _ Exhibit "A" - Location Map). No objeCtion. No obi%ion. uses of the properties that surround the Adjacent to street right,-of-way identified as numbers 2; 3.. and 4on the survey: North - Vacant property zoned Vacant propert> welt~ ' - Vacant property zoned C-3[; 'Commercial Community. Street right, r-,Wa7 identified as numbers I and:& I '. L,W.D.D $outk' , East Winchester Boulevard r/ght-of-waY. West Commun/ty Commercial Commercial Vacant property, zoned C.3, Community Commercial Staff recommends that the s recommended; however., Board or requirbd b) xc: Central File No conditions of approval are ' the Planning and Development Conditions of Approval. II !I EXHIBIT ^ WA SITE ) L / '1 118 EXHIBIT "B" EXI41BIT "C" CONDITIONS OF APPROVAL Project name: WAL MART File number: ABAN 99-006 Reference: Abandonment File #ABAN 99-006 DEPARTMENTS · INCLUDE REJECT PUBLIC wORKS Comments: NONE X , UTILITIES Commerlts: NONE. ' X FIRE Comments: NONE ' . . X POLICE · Comments: NONE X ENGINEERING DMSION C0mmbntl'. NONE X BUILDING DMSION Comments: NONE X PARKS AND RECREATION X Comments: NONE FORE S TER./ENVIRONMENTALI ST Commeo.ts: NONE ' X PLANNING AND ZONING Comments:. NONE. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 1. NONE X COMMISION COMMENTS ADDITIONAL CITY l. To be determined. JAJdim S:Lalannlng~S HARED;WP~PROJECTS~,Wal Man~BAN TWO~,CONOITION$ OF APPROVAL 00~Aa&d.do~ DEVELOPMENT OF; PROJECT NAME: WAL MART APPLICANT'S AGENT: Robert Bray TYPE OF .RELIEF ,SOUGHT: Abandonment of. streets LOCATION OF PROPERTY: SW comer Winchester Boulevard and Old Boynton Road . DRAWINg(S):, SEE ~IBIT "B" ATTACHED HERETO. , T~lS MATTERicame before the City Commission of the City of Boynton Beach, Flodda appearing en the Conse~ht Agenda on.the date above. The City C0mm ssio~i hereby adopts the findings and recommendation of the Planning and DeVelopment Board, which Board found as follows: OR X ~ THIS MATI'ER came on to be heard before the City Commission of the City of Boynton E~each, Florida on the daie of hearing stated above. The City Commissldn having considered the 'elief sough~ by the appli~nt and heard testimony from the applicant, members of city admin strative ~taff and th~ public finds~as follows: 1. ~ Applicatio the requin 2. ~ for the relief sought was made by the Applicant in a manner consistent with ;ments of the City's Land Development Regulations. The Appli( ant ) HAS ~ HAS NOT establishe~ by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggeStedfby the public and supported by substantial competent evidence are as set forth on Exhibit 'C' with notation ~lncluded". The Applic',~ntnt's application for relief is hereby X t GRAN:I;ED subject to the conditions referenced in paragraph 3 hereof. ! DENIED This Order ~shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditi(pns of this order. 7, Other DATED: City Clerk J:~S HR DATA,Pla nning~S HA R ED\WP~PROJECTS-~Wal Mart~ABAN TWO~)evelop, Order CC 001.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested CiE! Commission Date Final Form Mint be Turned Requested CRy C6mmission Meeting~Dates in to City Clerk's Office Meet~n~Dates [] March21.2000 M~reh 8,2000' (5:00p.m.) [] May 16, 2000 [] April 4. 2000 M~¢h 22~ 2000 (5:00 pm.) [] June 6, 2000 [] April 18,2000 AprilS, 2,000 (5:00p~t.) [] June20.2000 [] May 2, 2000 April ~9, 2000 (5:00 p,m0 [] July 5, 2000 [] Administrative [] NATURE OF [] Consent Agenda [] AGENDA ITEM [] Public Rearing [] [] nm~ouneamant [] Xl. Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) Iune 7~ 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation LEGAL A. 3 RECOMMENDATION: Please place the request below on the March 21 2000 City Commission agenda under Legal, Ordinances - Second Reading. As you may recall, the first reading took place at the March 7t~ City Commission meeting and was approved to abandon two (2) segments of spec'~m~, purpose easement fights-of-way was approved. Staff recommends this request be approved. EXPLANATION: PROYECT NAME: AGENT: LOCATION: DESCRIPTION: WALgrMART J. Robert Bray, Assistant Vice President of Real Estate Wal'i'Mart Stores East, Inc. Northwest comer of Winchester Park boulevard and Boynton Beach Boalevard Request for abandonment of two (2) segments of special purpose easement rights-of-way totaling approximately 0.5 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning and Zoningg~Director '/' Cig7 Mmla~er's Signature City Attorney Finance/[Human Resources Xl. LEGAL A. 3 ORDINANCE NO. R00- AN ORDINANCE 'OF: THE CTrY COMMISSION oF~ THE cTrY OF BOYNTON BEACH, FLORZDAil OF TWO (2) CLERK FOR SAID Book street dS :, Inc., is requesting the (1) a' right-of-way of Section 19~ as in Plat Rodda; and (2) a plat of Palm Beach ~ 73, Public Records of Depa~b, ents, Development and the appropriate CiY~'~ on the proposed, abandonment; WHEREAS, based on;the foregoing information, the said rights-of-way no longer serve any useful~.purpose... NOW, THEREFORE, BE Tr RESOLVED By THE cTrY COIqt4ZSS]:ON OF THE cTrY OF BOYNTON BEAcH~ FLORZDA THAT: _Section 1, The City Commission of the City of Boynton Beach, Florida by and through its City Commission, does hereby abandon the following two street fights-of-way: (1) a right-of-way segment dedicated to the City by the plat of Subdivision Of Section 19, as i.n Plat Book. 7, Page 19 of the Public Records of Palm Beach County, Florida; and (2)a street right-of-way segment dedicated 'to the City by the plat of palm Be~ch Farms Company No. 8, as recorded in Plat Book 5, Page 73, public Records of.. Palm Beach County, Florida, and more particularly descdi~-~cl in E~hibit ~A" a~clied hereto. Section 2.. The Mayorand City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer anti'cause the same to be filed.~''~ the Public Records of Palm Beach County, Rodda. 2000. This Ord nagc9 sha[I take effect immediately upon passage. F~RS-r READING this day of ,2000. SECOND, ~NAL READING AND PASSAGE TH~S day of March, CEI'Y~OF BOYNTON BEACH, FLORZDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner , Clerk 82/28/2000 12:15 56i3756259 ~OYNTON ~ p & Z PA6~ 13 LEGAL DESCRIPTION: HIBIT "A" (Special pUrPose Easement) ABANDONMENT PIECE 1 A I~rtion of tflllt c~ert~lin 26 foot ~ RigN-of-W&y:lying North of Lot A~. Block FARM8 CO. PI, AT NO. I, as recoMed in Pl~t Book 5. ;==ge 73, Coi~nty. FI0~I~~. being:more, p~li~/descrlDe~ ;is follows: ;~ALM BEACH of Pelto Beach ~ ~ttfle I~k~tte~t r~rl~M of said Lot A, 81ock6, run thence S. 87'32'52' ~ Mong the Ninth lille ~ said Lot A all4 the W~lalty 00~2 59* W., ,~ dist,llt~of 2~.01~t'eM !o the ~outl'mm~ comer of TRACT ~, 811J~OM~ION OF s~l Tract 50. adfst~t,'-, of 32D.19 feel; thence $. 01 22'26' E. ~dOng the North//my extension of the Ea,t ll.e of said, Lot A, 8aid ~ contains 0.183~ acres (8007.6 square feet) mom or less. ABANDONMENT PIECE A portion of that certain 2.5 foot ro~l Right.of-Way lying North of Lot A. BIoc~ ~EACH FARM8 CO. PI. AT NO. l, -~, moo~ad in Pl~t Book 5. Page 73. Pub Beth County, FI<;~Ia. heing mom parth~ulm~'y demmD~l es follows: Begin ~ the NorthweM comet of smd LM A. ~m:k 5. nm thenc~ N. 01°2226' V Northerly exie~i~n of the W~I ,ne M ~ai4 I.~ A. i ~mlC~ of 25.00 feM to i Ilrte of Tmc~ S0, ~UBDNISION OF SECTION 1~. TOWNSHIP 41 ~OUTH, RAI indS. PALM · Records of Palm along the mint on the South IGE 4.1 E.4~T, as r~orded M FIM B(~K 7, Pegl t9 of the ~ ReGOldS of PM~t Beioh Cou~,~l=loWJI; thence N. a7'32'52' E. akX~ou~ ii.e M Tram S0 anti 44 of seid SUBOWWiOI40~ SECTION 19, TOWIMHIF M ~OUTK W 43 F. AST. a distance of 549.2e fe~4to a point onthe West PJght..of.W~y =f ~M P~rk Boul~rJ ~ dMc~ll~J in de~l mc~m~d in C Book 5356. ~ ~06 of the PUMio Re~onJs o~ PMm Bem:h County, ~ the E. ;d,~g said West RlgN.~. Way line,M: I distance of 25.00 fe~ to a I~'nt on the L=t A, Bim~ 4; tlw.~ 6. 87'32'52. W. Mon~ tlt~ No,lit Ib~ of s~id Lot A. BIo~ distance of 549,25 feet to the FOglT OF BEGINNING, 0.3152 ~cres (13,732 squ~m feet) mom or ,11clM Records tceS. 01'16'43' lotth line of said ~4 antiS, a TO: THRU: FROM: DATE: SUBJECT: DE~ELOPM~ENT DEPART1V~ 0o- 02 C~an ~d Members Pla~g and Devel6pment Bo~d Michel W. Rumpf Pl~ng a~ Zo~g Dkectof Jose R. Alf~o Assisant Pla~er Febma~ 3, 20~ W~M~T- ~ 99-006 S~t'Easemem ~ 99-0~ S~eet ~ent NATURE OF REQUEST I. Robert Bray of Wal Mart Stores East, Inc., is requesting the abandonmem of the following two street fights-of-way: I) a right-of-way segment dedicated to the City by the plat of Subdivision of Section 19, as in Plat Book 7, Page 19 of the PUbliC Records of Palm Beach County, Floridai and 2) a street right-of-way segment dedicated to the City.by the plat of Palm Beach Farms Company No.8, as recorded in Plat Book 5, Page 73, PUlSlic Records of Palm Beach County, Florida. The attached Exhibit "A' shows the location of the applicant's property and the street right-of-way easements to be abandoned. The attached Exhibit ~B" includes a detailed sketch of the proposed abandonments. BACKGROUND Wal Mart Stores, Inc., received site plan approval in August, 1999 to develop a Wal Mart Supercenter Store on the northwest c0me~ of Boynton BeaCh Boulevard and Winchester Park Boulevard. The first group of easements proposed for abandonment are surrounded by the Wal Mart property at the northeast comer of the site. In fact, the Plat of the Subdivision of Section 19, approved in 1917, shows a thirty (30) foot wide street right-of-way running north to south across the subject property° The majority of the said'thirty (30) foot wide right-of-way has been previously abandoned and is already incorporated as part of Wal Mart property. The portions still dedicated to the City are those segments subject of this request, .and are identified by the numbers 2, 3, and 4 in the survey (see Exhibit "B'~. The second group of easements are shown on the plat of Palm Beach Farms Company No.8 as a street right-of-way dedicated tothe pe~emal use by the public. These segments of easements are the ones identified by the numbers I and 5 in the sUrVe~t. It is uncertain why only a portion of the ummproved rights-of-way were prevaously abandoned. However, at ts logmal to complete the abandonment of these rights-of-way which will 'no longer serve a public purpose. ANALYSIS According m the applicant, the subject easements are cUrrently not being utilized by any agency and ormunicipality, and are not of interest for any public or private utility company doing businesses in the City. This would eliminate any negative impact in the surrounding area, specially considering that the subject parcels are located within the boundaries of the Wal Mart project. Page 2 Memorandum No. PZ 00-002 ABAN 99-007 Furthermore, the City deparmaents involved in the review of all requests for abandonment, and the utility companies notified of the request are identified below. Public notice was given to the property owners that abut the streets and it has been advertised in the newspaper. The responses by the utility companies and city deparmaents are as follows: CITY DEPARTMENTS Engineering Utilities Planning and Zoning Police PUBLIC UTILITY COMPANIES and Light No objection. No objection. No 0.biecti°n~. -'No objection. N0 objectioho m o eC i0n. 'NO ,0bjeetiom I% objection. NO objection; the properties tl~t surround the Street South East West identified as numbers L.W.D.D. L-24 ..._Vacant t Commercial Winchester Boulevard fight-of-way. - Vacant property zoned C-3, Community Commercial Commercial Staff recommends that recommended; howeverj any Board or required by the City xc: Central File conditions of approval are and Development of Approval. WAL'MART SITE ). L EXhiBIT "A" '1 . I · EXHIBIT "B", JiLl i~'~ CONDITIONS OF APPROVAL Project name: WAL MART File number: ABAN 99-007 Reference: AbandonmentFile #ABAN 99-007 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES ~ Comments: NONE. I X FIRE ', Comments: NONE X poLIcE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIx~SION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING X Comments:. NONE. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 1. NONE X TY CO ADDITIONAL CI MMISION COMMENTS 1. To be determined. -~' JA/dim S:'xPlanning~S HARED\WP'~PROJECTS'~Wal Mar~ABAN TWO~,CONOITION$ OF APPROVAL 002-PS, d.deC CITY PROJECT NAME: WAl MART APPLICAN¥'S AGENT: Robert Bray THE DATEOF PUBLIC: HEARI,NG BEFORE, GIN C,~MMISSION~ 02/15/00 'i;YPE OF RELIEF;SOUGHT: Abandonment of streets LOCATION OF PROPERS'Y: Southwest comer Winchester Boulevard and Old Boynton Road X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda ~appeadng oh the Conse~ Agenda on the date above. The CityCommission hereby a~0pts the ~indings and~ recommendation of the Planning and Development Board, wh ch Boar~l found as follows: ~ THIS MAT~'ER came on to be heard before the City Commission of the City of Boynton Beach, ,Flori~la on the dat~ of hearing stated above. The City Commission having considered th~ [telief sough~by the apPlic~ant and heard testimony from the applicant, members of city administrative afl and the{ p~ublic finals ~s follows: 1. ~ Applicatior~ for the relief sought was made by the Applicant in a manner consistent with the require~nents of the City's Land Development Regulations. The Applicant X ~HAS HAS NOT established by substantial competent evidence a basis for the relief requested° The conditfons 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 X !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 J:~S H R DATA~Plamfing~S HA RED~WP~P ROJECT~Wal Mart~ABAN T'VVO~Develop. Orde~' CC 002.d~c DISCLAIMER KNOW ALL HEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a munidpa! corporation, under the laws of the State of Florida, does hereby abandon the following two street rights-of-way: (1) a right-of- way segment dedicated to the City by the plat of Subdivision of Section ~.9, as in Plat Book 7, Page 19 of the Public Records of Palm Beach County, Flodda; and (2) a street right-of-way segment dedicated to the City by the plat of Palm 8each Farms Company No. 8, as recorded in Plat Book 5, Page 73, Public Records of Palm Beach County, Flodda; more Particularly described herein as Exhibit "A". IN-Wl'TNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Rodda, have hereunto set their hands and affixed the seal of the Qb/this day of March, Z000. CI'TY OF BOYNTON BEACH, FLORIDA Suzanne Kruse, City Clerk STATEOF FLORIDA COUNTY OF PAIN BEACH Gerald Broenmg, Mayor BEFORE HE, the undersigned authority, personally appeared GERALD Broening and SUZANNE KRUSE, Mayor and City Qerk respectively, of the City of Boynton Beach, Rodda, known to me to be the persons described in and who executed the foregoing in~txument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said in~bument is the act and deed of said corporation, WZTNESS my hand and offidal seal in the said State and County this day of March, 2000, NOTARY PUBI.[C, State of Florida Ny Commission Expires: 82/28/2888 12:15 5613756259 BOYNTDN I~ACH P & Z P~G[ 13 LEGAL DESCRIPTION: North e 19 of ABANDONMENT PIECE Bagel1 m U~ Northwe~ comer of s/Ki Lo~ A. ~ocll~ 5. rmt thenc~ N. 01°2228° V~. ~ ~l No~Jtedy ~xter, Mon oftl~ Weal fine of said Lot A, · dim~ ot 2,5.00 fe~to_ _~_l~_'nt o~ the South T'OWNSHIP 4~ SOUTH, I~NGE 43 E.'~T.. di.tmn~e of 54~,.~A f~ tom .t~?.~...?_~' ~ ~ ~.~ f~to ~ ~ OF CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Dat~ Final Form Must be Turned Rcqucstcd City CommisSion Date Finat~Form Must be Tumcc Meeting Dates in to Cit~ Clerk's Office Meeting Dates in to City Clerk's Office [] November 16, 1999 Novcmber3, 1999 (5:00 p.m.) [] January lg. 2000 January 5,2000 {5:00p.m.) [] DecemberT, 1999 NovemberlT, 1999 (5:00p.m.) [] Febma~'L2000 January l9, 2000 (5:00 p.m.) [] December21,1999 I)~eemberS, 1999 (5:00 p.m.) [] Fcbma~lS, 2000 February2,200O(5:00p.rm) [~ lanuary 4, 2000 Deeember22.1999(5:00p.m,) [] March7.2000 Februaryl6,2000(5:0Op.m.) [] Administxafiv¢ -~] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation RECOMMENDATION: Please place the request below on the March 7, 2000 City Commission agenda under Legal- Ordinance, First Reading. As you may recall, at the February 15, 2000 City Commission meeting the request to abandon two (2) segments of special purpose easement fights-of- ay Was approved. Staffrecommands this request be approved. EXPLANATION: PROJECT NAME: AGENT: LOCATION: DESCRIPTION: WAL~rMART 1. Robert Bray, Assistant Vice President of Real Estate Wal. Mart Stores East, Inc. Northwest comer of Winchester Park boulevard and Boynton Beach Boulevard Request for abandonment of twa (2) segments of special purpose easement rights-of-way totaling approximately 0.5 acre~. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A DeFa~ment of De p D~rector Planning and Zon'j~4)i~ector City Mmia~er's Sigfiat6r~ - City Attorney / Financo / Human Resources TO: Chairman and Members Planning and Devel~pment Board FROM: DATE: SUILIECT: Jose R. Alfaro Assistant Planner ~ 3 Fcbmary , 2000 99~006 Street EaSement :,~<: , · .ABAN 99'007 Street Easement' NATURE OF REQUF~T L Robe. rt Bray of Wal Mart Stores East, Inc., is reqUesting the abandonment of the following two street rights-of-way: 1) a right'°f-Way segment dedicated to the City by the plat of Subdivision of Section 19, as in Plat Book 7, Page 19 of the Public Records of Palm Beach County, Florida; and 2) a street ~ f Palm Beach Farms Company No.8, as County, Florida. The attached be abandoned. proposed abandonments. BACKGROUND Wal Mart Stores, Inc., received site plan approval in August, !999 to develop a Wal Mart Supexcenter Store on the northwest corner of Boy~.W~ Beach BOulevard arid Winchester Park Boulevard. The fLrst group of easements proP°sed;~r abandonment are SUrrounded by the Wal Mart property at the northeast corner of the site. In fact, the plat of the SUbdivision. of Sect/on 19, approved in 1917, shows a thirty (30) foot wide street right~of-way running north to south across the subject property. The majority of the saidl thirty (30) foot wide fight-of-way has been previously abandoned and is already incorporated as part of Wal Mart property. The portions still dedicated to the City are those segments subject of rhi~ reqUest, .and ar~ identified by th~ numbers 2, 3, and 4 in the survey (see Exhibit 'B~J7-. The second group of easements are shown on the plat of palm Beach Farms Company No.8 as a street right-of-way dedicated tO the perpetual use by the public. TI}ese segmenm of easements are the ones identified by. the numbers 1 and 5 in the survey. It is unce~ v~hY0n!Y a portion of the unimproved rights-of-way were previously abandoned. However, it is'logic~ to ComPlet~ the abandonment of these rights-of-way which will no longer serve a public purpose. ANALYSIS Accord/ng to the applicant, the subject easements are a~-rantly not being utilized by any agency and or municipality, and are not of interest for any public or private utility company doing businesses in the City. This would eliminate any negative impact in the surrounding area, Specially considering that the subject parcels are located within the boundaries of the Wal Mart project. Page 2 Memorandum' No. PZ 00-002 ABAN g9-007 Furthermore, the the utility for abandonment, and below. Public notice was given to the newspaper. The responses by s are as follows: CITY DEPARTMENTS Engineering Utilities Plnnning and Zoning Police No objection. No objection. No objection. No objection. PUBLIC UTILITY COMPANI]ES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelph/a) Cable Company (Comcast) No objection. No objection. No objection. - No objection. No objection. The following is a description of the zoning districts and land uses of the properties subject requests (see Exhibit "A" ~ Location Map). surround the Adjacent to street rights-of-way identified as numbers 2, 3- and4 on the ....... ~orm - vacant property zoned C~3, Comntercla~ Comm,,qitV South - . Vacant property zoned C-3; commercial Communi~ East - Vacant property zoned C-3, Commercial Com~uni~. West - Vacant property zoned C-3, Commercial Corem,miry. Street fight-of-way identified as numbers 1 and 5: North - ?..W.D.D. L-24 canal right-of-way zoned C-3, Comm~ Commercial South -~vacant property zoned C-3, Commtmi~ Commercial East Winchester Boulevard right-of-way. West Vacant properly zoned C-3, Community Commercial RECOMI~ENDATION Staff recommends that the subject a.bandonmem request be approved. No conditions of approval are r..eco .l~ended! ho.w. eve. r, ~an.y e_ondiuo, ns. of approval reco~anded by the Planning ~nd Development moara or reqmrea oy tl~ t~xty Comm/sslon.will.be placed in EXhibit "C" -Concl/fions of Approval. < XC: Central File i; LOCATION MaP WAL'MART EXHIBIT "a' '1 .4.00. 800 FEET EXHIBIT "B" ~{ Project name: WAL M~. RT. ABAN 99-007 EXHIBIT "C" I~E~ECT X NONE PLANNING :.NONE. 1. NONE BOARD I. To be determined. JMdim $:~Ptanning~SHAREO~Wt~P~OJ ;;CTS~Wai Mart~ABAN TWO~CONDI'FIONS OF APPROVAL ~02*P&d.~ac X X X X X X DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: WAL MART APPLICANT'S AGENT: Robert Bray APPLICANT'S ADDRESS: 2001 SE 10= Street Bentonville, AR 72712-6489 DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: 02/15/00 TYPE OF RELIEF SOUGHT: Abandonment of streets LOCATION OF PROPERTY: Southwest corner Winchester Boulevard end Old Boynton Road DRAWING(S): SEE EXHIBIT"B'A~'ACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, FIodda appearing on the COnsent Agenda on the date abo_ve. The City commission hereby adopts the findings and recommendation of the Plenning and Development Board, which Board found as follows: OR THIS MA'ri'ER 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 administratige 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. o The Applicant X HAS HAS NOT established by substantial competent eviden_ce 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 Appli~nt's application'for relief is hereby X. GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuence by the City Clerk. o All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk j:~S H R DATA,~Planning~.~.iARED~,Wp~p ROJECTS'~Wal Mart~ABAN Two~eveloo. Order CC 1~02.doc [] March 21, 2000 [] April 4. 2000 [] April 18, 2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Mus[be. Tumed Meeting Dates in to City Cldr~'s Office March 8, 2000 (5:00 p.m.) Mamh 22, 2000 (5:00 p~m.} 3.pril5 2000 (5:00p~m.) Apritlg, 2000 (5:00p.m0 [] .Administrative [] Cgnsen=t Agenda [] 'Public Hearing [] Bids~ ] AnnoUncemem NATURE OF AGENDA ITEM XI-LEGAL ITEM A, 4 Requested City Commission Date Final Form Must be Turned Meeting Dates in to Cit~ Clerk's Office [] Ma5 16, 2000 May 3, 2000 (5:00 p.m.) [] June 6, 2000 May 17. 2000 (5:00 p.m.) [] June 20,2000 June 7, 2000 (5:00 p.m.J [] July 5. 2000 June 21, 2000 (5:00 p.m3 [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Please place the request below on the March 21. 2000 City Commission agenda undei' Legal, Ordinances - Second Reading. As you may recall, the first reading took place at the March 7t~ City Commission meeting and was approved to abandon the street rights'-of-way, Staffrecommends this request be approved. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BAPS TEMPLE Jay Patel BAPS Development On SE I8t~ Avenue, north of 23r~ Ave.. east of the FEC Rail/road Tracks and west of Federal Highway Request for abandonment of street rights-of-way. PROGRA1VI IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Departm~lf of De,Jelop~en~Oireetor planning and Zon~g Director · ' ffCity Manager's Signature / City Attorney / Finance / Human Resources X]:-LEGAL I~EMA.4 ORDINANCE NO. 0 00- ~ ' AN ORDINANCE OF THE CTFY COMMISSION OF ~ ' ~ '~ THE (SE easement 20m Avenue) and ~ ' owner BAP?~_~, two right-of-w~, (2) the ~ Street, located WHEREAS~ Depa~ b,ents, and and appmpdate City Planning and abandonment; WHEREAS.. based on the foregoing information, the said rights-of-way no longer serve any useful purpose. NOW. THEREFORE, BE :TI' RESOLVED BY THE CTTY COMM'rSSZON OF THE cTrY OF BOYNTON BEACH., FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida by and through its C'~y CommEssion, does hereby a~rand~o,n ,,t~_o street rights-of- way segments, and more parb~ularly described as Exhibit A' attached hereto. ~_~ SecU no_~2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3: This Ordinance shall take effect immediately upon passage. :FIRST.READING this day of ,2000. SECOND~ FINAL READING AND PASSAGE' THIS day of March, 2000. C_ITY OF BOYNTON BEACH, FLO~DA Qb/Clerk Mayor Vice Mayor Mayor ProTem Commissioner Commissioner Vacating of Right-of-Way Deacri~on south line of lots 4 last page lO, of ! of-the line And togetherwith me following That 1480 feet of the east ha/f (E.; line of Dixie Highway Bee~l~, ~2) of the northeast ~ Road NO. b') in dm Beach County, ~e south 1460 [eet of the east half of section 33: thence non'h, along~te west Iine of the · '~) of said section 33,250.01r feet to a line 1460 of the east half (E. 1/2} of th~ northeast quarter E., aior~ said parallel line,}i25.O0 feet:ithence 95.82 t'-ee~ to the said ;x)~nt of beginning DISCLAIMER KNOW ALL HEN BY THESE PRESENTS that the 3ity of Boynton We~ Lane (SE 20m property; and (2) the as SotYch Street,_located northedy extension of the duly 2000. City of City Clerk Gerald Broemng~.May0r STATE OF FLO~DA COUNTY OF PALM BEACH BEFoRE ME, the undersigned authority, personally appeared GERALD Broening and' suZANNE KRUSE, Mayor and City Clerk respectively, 0fthe Ci~ of BoYntOn Beech~ fl°dda~ known to me to be the perso~,s described in ana who executed the foregoing ~nstrument, and acknowledged the executio thereof-to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WZTNESS my hand and official seal in the said State and County this day of March, 2000: S:ca~disciaime~BAPS NOTARY PUBI_[C, State of Florida My Commission Expires: Vacating ~ Right.of-Way Descrip~on according Beach A of I line 3,2, in east half 1460 beginning. DEVELOPM'ENT D ~E~TM~NT MEMORANDUM NO~~ ~Z 00-024 TO: FROM: Chairman and Members Planrdug and Development Board Michael W. Rum'~p~/f--'~ 'Plafining and Zoning Director~ THROUGH: lose R. A/faro Assistant Planner DATE: February 1, 2000 SUBJECT: B.A.P.S. Abandonment - ABAN- 99-008 NATURE OF REQUEST lay Patel, agent representing the property owner BAPS Development, Inc., is requesting abandonment of the following two fight-of-way easement segments: i) a thirty (30) foot wide street known as West Lane (SE 20~' Avenue) loc~ ted south and adjacent to their properly; and 2)the abandonment of a thirty (30) foot wide street knowh'as South Street, located east a~d adjacent to ~eir property, and the northerly extension of same. The aZached Exhibit 'A' indicates the location of the applicant's property and the street rights-of-way to be abandoned. Exhibit ~B~ is a detailed sketch of the proposed ~'~bandonment. BACKGROUND The Plat of Sunny Oaks, approved in 1948, shows both West Lane and South Street as a thirty (30) foot wide right-of-way running east to west and north to south abUtting lots one (1) tkrough six (6) of the subject property. The property owned by the applicant is vacant and consists of 3.97 acres. A site plan has recently been approved to allow the construction of a temple facility in two (2) ph~es, including ancillary education and youth recreation accommodations. The main access road will be SE 184 Avenue to the north (See Exhibit C - Approved site plan. ANALYSIS The city depa~uuents involved in the review of all requests for abandonments, and the utility companies notified oflthe request are identified below. Public notice was given to the property owners that abut the subject rights'of-way and the request has been advertised in the newspaper (no cOmments have been received by staff). The utility companies and the city departments' responses to the abandonment requests are as follows: CITY DEPARTMENTS Engineering Fire Planning and Zoning UtiIities No objection. No objection. No objection No objection. Page 2 Development Department Memorandum No. PZ 00-024 ABAN 99-008 Florida Bell South Florida Public Utilities Company Cable ,Company-(Comcast) to serve future development at no-expense to FPL. No objection. No objection. NO objection. No:ob]ectinn The following is a description oftbe zoning distrie~ <and l~;U~es of the propertie~that surround the North Sout~ East - "' West Lam ' R~3~ Residential Facility known BAPS temple and zoned R-3, south are residentia! properties zoned tre a multi, family R-3, and an Adult Living West - F.E.C. Railway right~°f'-waY. Staff visited the area and concum with the appli6ant's view that the subject streets are not used for area access, and provide meet __ circulation. The ~ as a small neighborhood showing order to upgrade [to and ~ the area zoning allows for a mixture some actions in ~f the temple site and therefore, it Lastly, no objections have been received by owners of adjain~g, propenylWho access thek respective properties from sides opposite the subject abandonments. RECOMM]gNDATION Staff recommends that this request be approved subject to the conditions listed .in Exhibit D - conditions ~f approval. xc: Central File LOCATION~ MAP EXHIBIT "A': 1:3U // FEET- U t ' SKETCH, AND DESCRIPTION- ~'.ge '~. o~ :~ NOTE: THIS IS NOTA ~URVE¥ BUT ONLYAGRAP"IO REPRESENTATION OF THE DEscRIPTION SHOWN HEREON. t. or $4?0' £or P lot t ' A~SOCIATED ENGENEEI~q .e- SUI~VEYQRS I HEREBY CERTIFY: THAT THE ATI'&CHED Sl~rcH AND DESCRIPTION CONFORM~ TO CH~ IIHH4.0~ 111 {FLOP. IDA ADMINISTRATIVE C;ODE)'. MINIMUM TECHNICAl. STANOARD8 FOR [ANOi~,IRVGYIHG Itl THE STATE OF FLORIDA. ~ 18 T~E AND coRREcT TO THE BEST C~ My ~E AND BELIEF UPDATESfl~EViS~I8 - SKETCH AND DESCRIPTION -~,~,=..~ o~ ~, NOTE: THIS IS NOT A SURVEY BUT ONLY A GRAPHIC REPRESENTATION OF THE DESCRIPTION SHOWN HEREON. ASSOCIATED ENGINEERS &: SURVEYORS OF SOUTH FLORIDA CORP. * L.B.# 0006827 · E.BJ~ 0007846 BY: ~ I HERESY CERTIFY: 'II~T THE AI'rAOHES SKETCH AHO DESCRIPTION COltFORMI TO I~I.'II~TEII lll.ll.l-t.(l! |ll [FLOHIOA ADMINISTRATIVE CODE). HJNIMUM TECHNICAL ~TAND/d:[D$ FOR LAND SUflVEYIN(:~ IN THE EBTJ OF fl. ORIDA, .l~lO W TRUE Nt~ CORRECT TO THE BEST OF MY I(NOW~.D~E AND EEUEF UPOATE~REVISIONffl - SKETCH DES , ~ ,~. ,, AND CRIPTION - P-,g,~. t o~.~ iNOTE: THIS IS OT A SURVEY BUT ONLY A GRAPHIC REPRESENTATION~ OF THE DESCRIPTION SHOWN HEREON. v A c ~ ~ r~ I VACANT ASSO~'["ED ENGG'qEER~ &: SU~.V'E¥ORS FLOP, IDA COP, P. · L.I~.# 0006827 I HEREBY CERTIFY: .THA'r THE ATr~(:HED SKETCH J~D nESQRIP~lOS ~E ~ CO.CT ~ ~E BEBT ~ ~ ~O~DGE ~D B~EF UPOA~8~N~ I o! I .I I EXHIB 2 . DEPARTME, ~ twrs ~CLUDE REfECT PUBLIC WORKS Comments: ,NONE UTILITIES . , 1. J,' ~R.e~mr~ a ~ ~de t~Hity ~ement~mstmg water mare Within th X : Comments: NONE X , POLICE Comments: NONE i ' ' : ~ ,I X ' ENGINEERING DIVISION , Comments: NONE . - i X BUILDING DMSION ' Comments: NONE PARKS AND RECREATION : Commenis: NONE ~ X FORESTER/ENVIRONMENTALIST , : , · nts X Comme : NONE ,--- PLANNING AND ZONING i . 2. Utility easement as required by Utilities Department. ! X ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 3. NONE ADDITIONAL CITY COMMISION COMMENTS 4. To be determined. S:~lanning\S HARED~,WP\P R OJ ECT$~,BAPS TEMPLE CHURCH',ABANDONMEN'F~CONDfflONS OF APPROVAL P&d Fa ~ 1 .d~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: B.A.P.S. Temple APPLICANT'S AGENT: Jay Patel APPLICANT'S ADDRESS: 8795 Citation Drive Palm Beach Gardens, FI 33418 DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: 02/15/00 TYPE OF RELIEF SOUGHT: Abandonment of streets LOCATION OF PROPERTY: South of SE 18t"Avenue DRAWING(S): SEE EXHIBIT "B" A']-~'ACHED HERETO. THIS MA'I-rER came before the City Commission of the Ci~ of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Corem ssion hereby adopts the findings and' recommendation of the Planning and Development Board, whiCh Board found as follows: OR X THIS MATI'ER came on to be heard before the City Commission of the City of Boynton Beach. Flodda on the date of headng stated above. The City Commission having considered the staffrelief~ands°ughtthe bYpublicthe findsapplicantas follows:and heard testimony from the applicant, members of city administrative 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 X 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 "D" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall lake effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and condit!ons of this order. 7. Other DATED: City Clerk J:\SHRDATA~P~anning~SHARED\WP~-°ROJEC'I~S~APS TEMPLE CHURCHV~BANDONMEN?',Develop. Order CC 2-15-00.dec ORDINANCE NO. O 00- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 9. ARTICLE IV. SECTION 9-51 OF THE CITY OF BOYNTON BEACH~ODE OF ORDINANCES, BY CREATING A NEW SUBSECTION (e) TO PROVIDE THAT REASONABLE 33~ID PROPER FEES ARE ESTABLISHED FOR FIRE ~RESCUE SERVICES IN THE ABSENCE OF A MUTUAL AID OP~ INTER.LOCAL AGREEMENT; SEVERABIL1TY, XI-LEGAL ITEM B.1 WHEREAS, the City of BoyntonBeach Fire Rescue Department is the division of nunicipal govemment'tha~/enforee~ the fire Codes in the i~terests ofpubiic safety; and WItEREAS, fire protection and prevention are essential to the well-being, prosperity and safety of the community and its residents; and WttEREAS, the City's fire rescue depat~tment has reviewed the existing provisions of Chapter 9 and has detenuined that it is in the best interests of the citizens and residents of the community to recommend that Section 9-51 be mended to provide that reasonable and )roper fees are established for Fire Rescue Services in the absence of a Mutual Aid or Intarlocal Agreement; md NOW TItEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA, TItAT: Section 1. Section 9-51 is hereby amended by creating a new subsection (e) to ;ad as follows: e. In the event that Bovnton Beach Fire Rescue Del~artment resources are reauested by another mm~_cipalitv which has an a;reement with a third-natty a~encv for mutual aid services, and in the absence of an Interlocal A~eement or Mutual Aid A~eement with the City of Boynton Beach, a fee in the amount of $2.000 oer occurrence for un to one (1~ hour ervice, and $500.00 per hour for each additional hour. shall be char~ed to the mumcioalitv equesting and receiving such services. Payment must be made to the City, in full. within [hirtv (30] days ofinvoice, Section 3. Each and every other provision of Chapter 9 of the City of Boymon leach Code of Ordinances not herein specifically amended shall remain in full force and effect as previously enacted. Section 4: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. ~,,Secti0n 5.... Should any,section of provision'0£ this o;flinanee or portion hereof, an ~pt~ s~te~¢e or,~word be 'deClared by a cou~ of: e°mpetent jurisdiction to be of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor, Ma~or Pro Tem Commissioner Commissioner -030100 XI-LEGAL ITEM B.2 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 ORDINANCE AN ORDINANCE OF TIlE CITY COMMISSION OF ~ CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 20, ENTITLED "BUILDING, SECTION 4 ~ LEVY SERVICES 1999, AN EFFECTIVE WttEREA$, C~3. ~p~.r 203 AvaC~ :I, Section 4 of the City's Code of Ordinances provides for the levy and collection of an interim services fee upon structures in the City as of the date of the certificate o£occupaney; and, WHEREAS, on J~tme 14, I~99, the City. suspended the collection of the interim services and fa.~!i~esi~ee ctue to the decision of the Florida Supreme Court in Collier County v. State~ 783 S0.2d I012 (Fla. 1999); and, WHEREASi ~r, w~and is in the best interest of the City to amend its ordinances to provideli~ th~!isgs~/ension Of the imposition and collection of the City's interim servia'es and facilities fee. NOW~ ' THEREFORE, BE IT ORDAINED BY TF/E CITY COMMISSION OF~ CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby incorporated herein and made a part hereof. CODE: Words in ~ type are deletions from existing law; Words in underlined type are additions 3 4 5 6 7 8 9 10 11 2 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Section 2. Chapter 20, entitled, "Buildings, Housing, and Construction Regulations, Article I entitled "In General," Section 4 entitl~ "Fees,!' is amended to read as follows whichever is the value of the ~ the or, :site :for on tho Palm This following the not yet fee. .~ of a ~ 1, of the year ' of the interim IS of a. ~we,,lling unit computatiom For me purposes of this subsection and E~flaibit )~, ::~e!~g~unit Computation shall be made as follows: ' - ; ' ~ (1) Each 'Single-family ' unit, including condominium, apamnent and,ho,t,,~e! unit, shall count as one. CODE: Words m ..... '~.k.'-cugh type are deletions from existing law; Words in underlined type. are additionS 1 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (2) For. commercial and/or industrial structures, divide the total bnild'mg sqtham footage for each such industrial and/or commercial stmctare by one thousand (1,000) square feet rounded to the nearest tenth (0.1). b. Fee det~mdnation; proration. The dwelling unit computation shall be utilized in conjunction with the fee schedule set forth in Exhibit "B" in computing the interim services fee. The following example illustrates how the interim services fee is arrived at: Example: A 22,565 square foot office building is issued a certificate of occupancy in December of any given year: 22,565 + L000 = 22.565 22.6 x $10.23 = $231.20 Interim services fee for this structure would be, $23L20. 3. Procedure. Except during th~Suspemion Period set forth above, --T-the director of development shall collect the interim services fee prior to the issuance of a certificate of occupancy or certificate of completion by the development department. 4. Distribution. Except during th~ suspension Period set forth above, Oon a daily basis, the dovelopment d~artment shall promptly remit monies collected pursuant to this section to the city finance director. 5. Eligibility for municipal services. Except during the Suspension Period set forth above, ~_no. im_m'ovament shall be eligible for municipal services unless an interim services fee has been paid. 6. creation of l~ust fund. The finance director shall deposit all funds collected into a non-lapsing trust fund established and maintained by the city. The use of such funds will be restricted and limited to expenditures for publlt"-safety, physical environment (public works administration costs), maintenance and services for roads and streets; t~ealth (animal control), library and parks and recreation, which ar~ associated .with the properties fi:om which the funds were collected. The city mamtger shall provide the City Commission with recommendations for expend/tures of these funds during the annual budget process or fi:om time to time as~necded. Such expenditures of funds shall be limited to a pei'centile of total~fees collected for each of the CODE: Words in :~2:: .',.'~ugk type are deletions from existing law; Words in underlined type are additions 10 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 services as identified herein. The City Commission by resolution must approve all expenditures from said Irust fund upon determination that said expenditures are appropriate. Sectima 3. Cordlicting Ordinances repealed to the extent of such conflict, section 4, Se~erability .... If any section, sentence, c~, or phrase of this O~dinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affectthe validity of the i~su~ting pordons::ofthis Ordinance. SectionS. Inclusion inCode, It is the~ intention of the City Commission Of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accgmplish such intentions, Section 6. Effective Date. This Ordinance shall become effective upon adoption by the City Commission, Croviding that the ~ion of the levy and collection of, the interim service tee shall be retroactively effective June 14, 1999: CODE: Words in -"~'-~ ,u .... ~. · . . ......... ~. t~l~e are deleaon$ from exmtmg law; Wor~ ~ ~rl~ ~e ~e ~fio~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~. 25 FIRST READING this day of ,2000. SECOND, FINAL READING AND PASSAGE this day of ,2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro T~n Commissioner ATTEST: Cornmissioncr City C~erk MDC:avAXJGCDE_FS~LIBRARY~1990\900 182~B\ORDqnt~m S~wices Fed.doc CODE: · ~,.~.u .....u ' 'stria law' Words m ......... ~ type are delettons from em g , Words in underlined type are additions XI'-LEGAL ZTEt4 B.3 1 ~, 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 ~"~ ~3 24 25 26 27 28 29 30 31 32 33 34 ORDINANCE O 00- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," ARTICLE V ENTITLED "CODE COMPLIANCE BOARD,'~ OF THE CODE OF ORDINANCES OF BEACH BY THE CITY OF BOYNTON AMENDING SECTION 2 73 .7 ,E,,NTITLED DEFINITI~,,N.S TO REVISE THE DEFINITION OF 'REPEAT VIOLATION'; AMENDING SECTION 2;76 ENTITLED "ENFORCEMENT PROCEDURE" TO REQUIRE PROPERTY OWNERS TO 'PROVUE NOTICE OF PENDING CODE ENFORCEMENT THAT THE IN AMENDING CITATIONS -'OR DATE. WHEREAS, Chapter 2, Article V of the City's Code of Ordinances govem the enfomement of the City's Code of Ordinances, including the authority and procedures 0f the City's CodeCompliance Board; and WHEREAS,. Chapter 162, Flodda Statutes, which provides authority for municipalitie~to establish Code Compliance Boards and ,to otherwise enforce its Code of Ordinances, was amended by the Flodda Legislature ,effective October 1, 1999; and, WHEREAS, it is in the best interest of the City to amend its Code of Ordinances to include and address the recent revisions to Chapter 162, Flodda DE: Words in ctdkc thrc-'-'.~h type am deletions from existing taw; Words in underlined type are additions Page 1 of 8 1 2 3 4 5 6 7 8 9 Statutes. NOW, THEREFORE. BE IT ORDAINED BY T~E C TY COMM SS ON OF and entitled "Code Df 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 of the Code inspector means those authorized agents or employees of the city Enforcement board means a cede compliance board. Repeat violation means a violation of a provision of a cede or ordinance by a p rson ................. .~,,,,. ..... . ......~vho has previously been found through a code enf0mement board or any other quas-jud cai or judic~a process to have provision w thin fl~,e (5) years pdor fferent locations. Section 3. Chapter 2 entitled,, "Administration", A,rticle V entitled "Code Compliance Board", Section 2-76, entitled "Enforcement procedure" of the Code of Ordinances of the City of Boynton Beach is amended to read as follows: Sec. 2-76. Enforcement procedure. CODE: Words in ~*'~'".......v '~'""....v_=..-'-~- ~,n,..~ r-.- are deletions from existing law; Words in underlined type are additions ; Page 2 of 8 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 ' 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 ~ 38 39 40 ~ 41 42 43 CODE: (a) it shall be the duty ~of~ the code inspector to initiate enforcement proceedings of the vadous codes?~0wever, no member of the board shall have the initiate enforcement pr°ce~dings. cede inspector shall notify the time specified for correction, the an enforcement board through its cledcal staff, shall hand delivered or code as or if the violation is not corrected by the time specified for cdrreCtio~ by the code inspector, .~ven If the Violation has been corrected and the notice shall so state. (c) and he code inspector viotator~ and:~may immediately notity the the code inspector shall notify the the violator a. reasonable time to correct · epeat violation, and request a headng. The code 311 schedule a hearing and shall cede to the board enforcement proceed ng ~wnership of such was; s~rved~:and the time of the r~e of the , of the received · _~.~t... +~. ..... ~. ' tin law' .Words n ............ ~.. type are deletions from ex s g , Words in underlined type are additions Page 3 of 8 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 2t 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 3. Disclose, in wdting, to the pmspectve transferee that a new owner will be responsible for compliance with the applicable code and with ordem issued in the code e,~,~o, uement proceeding. Code Code of (a) that an time, or violator to pay: and up to violation continues in the case of a with the In which r with the section. (b) board CODE: re deletio~ ~m existing law; Page 4 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 '23 25 26 27 28 29 30 32 33 34 35 ~'36 i~ 7 }!3 (1) The,gravity,:of the:v o at on; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. (c) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the PUblic records and thereafter shall constitute a lien against the land on which the violation exists and uPon any oth~r teat or Pemonal property owned by the violator. [ sheriffs of this state, including [he violator, but such order shall accrue~until circuit court, such order may-be nner asa court' judgment by the for to this part shall continue to three (3) created the . No lien r Section 4i Article X of the State Section 5. Chapter. 2 ,entitled~ "Administration", Article ,V entitled "Code Compliance Board", Secti.0n 2r81;entitled ~Ser~ice of notices" of the Code of Sec. 2-81. Service of notices. (a) All notices required by this act shall by provided to the alleged violator · .,,.~ ~k,-~ ,,m;'~ rc*'_',.m rcC~ "t ~"'~"~t'''~ ~." "" h'''''~ '~':'"~"' ~"'+~" ~"'~ "- hr' !c'.': cnf=mcmc,-'t c~ccr,-~.".cT,",,,"tcr, cr c..*h, cr :pcmcn' dcciGn~Cd b'; thc 1) Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the property in. question at, the address listed in the tax c~llect~F~-0ffice for tax notices, an(J at any ~tl~e~ address provided to the City by such ownerand is returned as uncle med or refused; notice may be provided by posting as described in subparagraphs (b)l and 2;' and by first class mail directed to the addresses furnished to the City with a proped¥ executed proof of mailing or affidavit confirming the first class mailing; CODE: Words n ............. =.. type are deletions from existing law; Words;in underlined type are additions Page 5 of 8 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 33 34 35 36 37 38 39 4O 41 42 43 44 2) Hand delivery by the shedff or other law enforcement officer, code inspector, or other pemon designated by the City; ~n of the at the ,~ each week located. (2) in Ssuch locations, to, exist and required under subsection (a). pemon with, or mail as )r mail notice as provided or po~ting las provided in the notice irequirements of this r~ot-the aileg~d'violator actually from existing law; Page 6 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~'~18 ~I ~ 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 6. Chapter 2.entified,. "Administration", Article V entitled "Code Compliance Board", Section 2-83(c)(2), entitled "Enfomement of the codes and ordinances; penalties", of the Code of: Ordinancesof the City.of Boynton Beach is amended to read as follows: Sec.2-83. Enforcement of the codes and ordinances; penalties. (c) (1) A code enforcement officer is authorized to issue a citation to a person when based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civic infraction in violation of a duly enacted code or ordinance and thecounty court will hear the charge. (2) Pdor to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of the code or ordinance and shall establish a reasonable time pedod within which the person must correct the violation. Such time period shall be no more than within thirty (30) days. If, upon personal investigation, a code enforcement officer finds that the person has not, corrected_ ..the violation within the time pedod, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement afficer does.not have to 0rovide the person with a reasonable time pedod to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat viol.aflon is found or if the code enforcement officer has reason to believe that the Violation Presents a sedous threat to th® publ c health, safety, or welfare, or if the violation is irreparable or irreversible, or i~the violator is en(,]aged in violations of arc,itinerant or transient nature, as defined by local code or ordinance within the jurisdictiOn. Section 7. Conflicting Ordinances All pdor ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no CODE: Words in =~.~kc ~..".rc:;.~.". type are deletions from existing law; VVords in underlined type are additions Page 7 of 8 4 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 way affect the validity of the remaining portions of this Ordinance. Section 9. Inclusion in Code. the provisions of this Ordinance shall become' and be made~a part of the City of Boynton Beach Code of Ordinances; andthat the seCtions of thiS ordinance may be renumbered or mlettered and the word~ "ordinance" may be chan~to. "seL'caon," '~'article,"~ or such other intentions. ~ .... Section 10, Effective Date This Ordinance shall become effective upon adoption by the C ty Commission. FIRST READINGthis ;, day of ,2000. SEC©ND,.~FINAk READING AND PASSAGE th s day of , 2000. ~ CiTY OF BOYNTON BEACH, FLORIDA Ma,/or Vice Mayor A'I-I'EST: Ma~rPm Tem Commissioner Commissioner City Clerk CODE: Words in ct;!kc t~u~ type are deletions from existing Iaw; Words in underlined type are additions Page 8 of 8 Requested City Commission ~M~etinR Dates [] Ma/eh21. 2000 [] Apml 4, 2000 [] April IS. 2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA iTEM REQUEST FORM Date FLnaI Form Must be Tm'aec[ ~lexk~s OflSc~ March 8. 2000 (5:0Op.m.) March22, 2000 (5:00 p.m.) April 5, 2000 (5:00 p.m.) April 19, 2000 (5:00pJn.~ Requested Ci[y Commission [~ May 16, 2000 [] June 6. 2000 [~ June 20. 2000 [] July 5. 2000 XI-LEGAL ITEM C.! Date Final Form Must be Turned to__City Clerk's, Office May 3, 2000 ~5:00 p.m.) May 17~ 2000 ¢5:00 June 7. 2000 (5:00 p.m.) June 21. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developmeat Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: City Commission approve a resolution mending our Interlocal Agreement with Palm Beach County for Boat Club Park improvements and Intmcoastal Waterway Park improvements, according to the plan previously negotiated by CommaSsioner Weiland. - EXPLANATION: Our Interlocal Agreement with Palm Beach County expired this month. Recently Commissioner Ran Weiland and Palm Beach Commissioner Mary McCarthy negohated amendments to this agreement. The amendments include: Redaction of funding fi'om $2.625,000 to $900,000; Project scope reduced to Boat Club Park only; Number of boat parking spaces has been decreased fi.om 75 to 50: Project completion date has been extended by eighteen months until September 2001. PROGRAM IMPACT: Approval of this item roll allow for the completion of Bom Club Park improvements while also allowing for further · · Coanmssmn constderatiun of alternative proposals for;the Intracoastal Park site. FISCAL IMPACT: Approval of ttds item will secure up to $900~000 for the improvement of Boat Club Park. Should the City Commission cho "'- · ose, we may still re-appiy to Palm Beach County for grant funding for the Imracoastal Park site. ALTERNATIVES: The City may choose to release the remaining $900,000 of the $2.650.000 grant and develop Boal Club Park at its own expense. , · epartment Head s S~gnamre Department Name City Attorney / Finance / Haman Resources S:\B U~LETIN\FO P~MS LAGENDA ITEM REQUEST FORM.DOC RESOLUTION R OO- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AN BEACH BOYNTON PARK )UNTY on (Project B) Jate of the CITY and COU~?/'~ h~ve successfully Iments to the existi6g Inte~;oCal?~greement wh ch the follOwing: Club Park only; ~_been decreased eighteen to include the BE IT THE CITY BEACH, FLORIDA, THAT: Section ~1. This Commission does hereby authorize and direct the MaY°~ and City Clerk to execute an Amendment to the interl0cal Agreement between Palm BeaCh County and the City of Boynton Bea(~h for funding of Boat Clul3 Park.' section2 That this Resolution shall become effective immediate y upon passage. PASSED AND ADOPTED this ATTEST: City Clerk (Corporate 'Seal) s:ca\Reso\lntedocal\Boat Club Park 031400 day of Mamh, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner Memo To: From: Date: Re: Jim Cherof, City Attomey JOhn Wildner, PaW, s Director Wiffred' J. HaWaii': '~'1~'' Interim City Me~ager FebruarY 18, 20~00 ' AMENDM~NT~ TO INTERLOCAL AGREEMENT FOR PARK iMPROVEMEN~BOND FUNDING FOR BOAT CLUB PARK iMPROVEMEN~T,S AND NTRACOASTAL WATERWAY PARK DEVELOPMENT Please review and if sufficient prepare resolution and agenda memo for March 21s' Agenda. Thank you. Palm Beach CourtW Board of Count~ Commissioners Maude Ford Lee. Chair War~r~en H. Newell, Vice Chairrna~ Carol A. Roberts Mary McCarty Tony MasilorQ County Adn~nistr~tor Robea Weisra~ February 14, 2000 Mt. Wilfred Hawkins, lnterim CityManager City of Boynton Beach P.O. Box 310 Boynton Beach, F 33425-0310 RE: AMENDMENTS TO INTERLOCAr AGREEMENT FOR PARK IMPROVEMENT BOND FUNDING FOR BOAT C£UB PARK MPROVEMENTS AND INTRACOASTAL WATERWAY PARK 'DEVELOPMENT Dear Mr. Hawkins: In response re your letter to the Board of County Commissioners of February 1, 2000, requesting changes to the Interlocal Agreement for the funding of Boat Club Park and Intracoastal Waterway Park, Distdct 4 Cqmmissioner Mary McCarty has asked that staff prepare tl~e attached Amendment t~o modify the existing nter 0ca~ Agreement. Specifically, the Amendment acc0mplishe~ the following: ° The funding amount is reduced from 82,625,000 to 8900,000: The scope of the project h~as been decreased to allow for the funding of Boat Club Park only; · The number of parking spaces required has been decreased from Seventy five (75) to fif~/(50); · The project complet on date has been extended by eighteen months, until September of 2001i ~;nd · Exhibits A and B have been amended ro incluae the attachments pertaining to Boa[ Club Park only. All other terms 'of the Agreement remain the same. Please have the Amendment executed by the City and return both grig ~als go me for consideration by the Board of County Commiss oners. If you have any questions on the Amendment, please contact Susan Yinger, Contract/Grant Coordinator, at 966-6655. Sincerely, Dennis L. Eshle~an, Director Parks and Recreation Department DLE/SWY Copy re.' Commissioner Mary McCarty, District ~ Jean Creamer John Wildner Bill Wilsher Tim Granowitz FIRST AMENDMENT TO AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH THIS FIRST AMENDMENT TO AGREEMENT is entered into this of ,2000 b~ State of Ftodda, Florida municipal corporation, hem. na. fter ~ day WHEREAS 97-366-D) 1 Club Park improvements B) to be com Agreement (March 17, 2000); and ·: ~'-' WHEREAS, completion date spaces to be provided at parking spaces, witha spaces WHEREAS,' COUNTY Project B; and Agreement with CITY (R- and construction of Boat 3a~k Development (Project the ,7'25 000 in order to be I of the project boat/trailer parking , a total of fifty (50) boat/trailer and lease CITY from its obligations to develop extension to the project WHEREAS, frto reduce the total number of parking spaces to be constructed' t~ fifty (50). WHEREAS, the both partiesdestre to amend the Agreemen. NOW THEREFORE, the parties hereby: agree as follows: 1. Section 1.03 of the Agreement sha be a~ended by~ "$2.625.000 for the design and Construction of Proiect A and Project B"and inserting up to $900~000 for the indesignits place.and construction of Boat Club Park, hereinafter to be referred to as 'the Project'" 2. Section 1.04 of the Agreement sha I be amended b de et, . add,tiona[boat/trailer Y~ sevent five 75 . .. . parkmgspaces andmsertm "rift 50. " - -Y ( ) spaces m ,ts place and: deletino the s-,-~-r~ Y (i~)a.dd,.t onal boat/trader park ng ~ ~,,~,,~ i ne remamm.q balalic (75) spaces shall be nlaced a ,,,, ..... ,_,,,, ..... _. e of the seventy five r t ,,~o~oo~al vva[erway I-'arK to De used as overflow parking for Boat ClUb Park". that of County may ~,000. The balance be used for design and exceed $750,000, then ;ubtracted from the remain,rig balance $750.006, the City ~ costs of Project B. "and ~ "The place. 4. Section 1.07 of-the Agreement shall be amended by deleting "The CITY sha design P[oject A and ProjeCtB ~nd ,c,~nstru~ Same upon propert es ownedby the CITY as more f~liy described in ~EX~ibit B: attached hereto and made , !ns.e. rting "The CITY Shall~design the Project dd ,~n,,o,,,,.. - a part hereof, and Dv[ne ClTY~m,',-~,~,',--~;--~,- ,. -;, a.. ........ ,.[ same upon properties own~.d in'its place. "" """~"u"Y u~s~;noe(] in t:xn,bit'B' attached hereto and made ~a part 5. Section 2.06_ oft.he Agreement shall be amended by _de etin" to totall corn late t ' g The CITY arees ..... Y;_&,. P he Projects and open same tO the pub c for the r in~ g' · ~_~_?. Sl,,X (3~) mon!hs from the date of execution of this I nt oc.~l Anr~n-t-en~ed,,use wi!bin ~ere[o. ina ~ "The CITY aorees to tot=~,,, .... me public for their ntended use ,,, ;'~,;.. ¢,~; ;::~?..~.~,,,p,~ju ~.ne ~roject ina ppen same.t0 ...... ,,, -,,y ,uur joe) morons ~'rom the date o~ execution of this Intedocal Agreement by the parties hereto." in is place. 6. Every refer, e~ce to "the Projects" or "each Project" in the Agreement shall be modified to read "the Project" as set forth in this Amendment where necessary to effect the purposes of the parties in entering into this Amendment. 7. Exhibit A shall be modified to include the project description and site p an for Boat Club Park (the Project) only and to eliminate.the pro'ect descd t' · Intracoastal Waterway Park (Project B). ~J p ion and s,te plan for 8. Exhibit B shall be modified to include the legal description for Boat Club Park (the Project) only and to eliminate the legal description for Intracoastal Waterway Park (Project B). 9. Except as provided herein, each and every other term of the Agreement shall remain in full fome and effect and the Agreement is reaffirmed as modified herein. APPROVED AS TO FORM AND LEGAL-SUFFICIENCY By: -~ County Attemey FIRST AMENDMENT TO AGREEMENT BETVVEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH of THIS FIRSTAMENDMENT TO AGREEMENTisentered into this ,2000, by and between Palm Beach C .. day State of F orida, herei~a~r ~-e~7~rred +,, ~: .,.,~; ,~',~.; ounty, a po Itlcal subd v sion of the Florida muniCiPal c~rnn...*~'~,~ ~--'-~u..'='° ~UNi. y , and the City Of, Boynton Beach a - -,---o-,~,,, -..~u~na~er reterred m as "CITY", ' WITNESSETH: and pment (Project date Of execUtion of the WHEREAS, CITY has req[ released fr(~m constructng Project B ) in order to be project and WHEREAS, CITY h~ 'i!he Seventy five (75) boa~trailer parking f~du~d to a total of fifty (50) bo~t/traile~- parking, s spaces to be placed at Project A; and WHEREAS, COUNTY desires to release CITY from its obligations to develop Project B; and WHEREAS; County desires to allow an eighteen month extensiomto the project completion date ofMamh 17, 2000; and WHEREAS, County desires to allow CiTY to reduce the total number of parking paces to be constructed from seventy five (75) ~to fifty (50). WHEREAS, the both parties desire to amend the Agreement. NOW THEREFORE, the parties hereby agree as follows: 1. Section_ 1.03 of the Agreement shall be amended by ~"$2,625,000 for the · of Pro'ect A and Project B' and insertinq "up to $900,000 for the design and construction J . ,. design and construction of BoatC ub Park, hereinafter to be referred to as the Project in its place. (75) spaces for Boat Club Park". that th~ that in, its shall md the the Agreement shall be ~eCessarY k3 effect the Boat Intracoastai waterway Project) onl~ B). site plan for for Club Park (the Park (Project 9. Except as provided herein, each and every other term of the Agreement shall remain in full force and effect and th~ Agreement is reaffirmed as mod fled herein. IN WITNESS WHEREOF, the parties, by and through their duly authorized agents, have hereunto set their hands and seals on the date indicated above. ATTEST: DOROTHY H. WILKEN, CLERK PALM BEACH COUNTY, r FLORIDA, BY ITS BOARD OF COUNTY COMMiSsIONERS By: Deputy Clerk By: Chair ATTEST: By:_ City Clerk Mayor CITY OF BOYNTON BEACH By: APPROVED AS TO FORM AND LEGALSUFFICIENCY By: County Attorney The City of Bo!tnton Beach OFFICE OF TIt~ CI2Y ~G~x RO. Bo~ 310 2000 Chair 301 N, Olive P~ve. - West Palm Beach, FL 33401 difieations to Interloeal Agreement for Park Improvement Bond Funding,for RE: Mo ' ' ~ , % .......... ~ ,~*~.-,~av Park Development. BoatClub Parl~ImproVements aaa mrracoasLa, ,,a, .... ~ Dear Ms.' Lee: As a result of discussions between Palm Beach County Commissio.ner Mary McCarty and City of Boynton Beach Commissioner Ron Weilan6, our City Commission voted on January lg, 2000 to request a modification to our Interlocal Agreement for Park Improvement funding (Dated March lg, 1997). Our City Commission requests that the time period be extended for the completion of Boat Club Park Improvements by lg months and that a total of $900,000 be reserved from the original agreement to complete this project. Planning and design for this project is basic,ally complete but. some modifications to the existing.bid package will be required in order to mee~ more · ' r uiremems Among the improvements planned, the completion .of this project smngent perrmt eq . .', . · · adin and unloading dock will provide for 50 additional ooat trading parking spaces, boat 1o g space, increased rarnpin,~.~fticiency and overall maintenance improvemems. The City also is agreeable to the release of the remaining $1,725,000 from our original agreement to allow for proposals from other communities interested in providing water-related recreation. We remain interested in developing our Intracoastal Park site. As we sharpen our focus on the development go,als for this property, we may again be in a position to request county grant funds. America's Gatewa!t to the Gulfstream If you have any questions concerning ~his request, please do not hesitate to contact John Wildner, Parks Director, I561) 742-6226 or me (561) 742-6010. Sincerely, In~m City Manager WH%bal C¢~ Mary McCarty, Palm Beach County Commissioner Bob Weisman, Palm Beach County Administrator Dennis Eschleman John Wildner Boyn~on Beach Mayor & City Commission Requested City Commission Meeting Dates [] March 21. 2000 [] ^ 14.2o00 [] Api5118.2000 [] May 2,,2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 8, 2000 (5:00 p.m.) March 22. 2000 (5:00 p,m.) April 5, 2000 (5:00p.m.) April 19,2000 (5:00p.m.) Requested City Commission Meeting Dates [] May 16, 2000 [] June 6, 2000 [] June 20. 2000 [] July 5, 2000 XI-LEGAL ITEM D.l.a Date Final Form Musl be Turne~ in to City Clerk's Office May 3, 2000 (5:00 p.mo May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m.) June 21. 2000 (5:00 p.md [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: The Code Compliance Board recommends reducing the fine in Code Compliance Case #97- 4235 to the administrative costs of $634.12. The total fine before reduction was $32,450.00 pin~ the aforementioned administrative costs. The motion to reduce the fine was unanimously approved. (minutes attaehedl EXPLANATION: The Code Compliance Board's rationale for the substantial reduction was due primarily to the fact the applicant is facing foreclosure on his mortgage, and .testified he was unaware of the lien on his property. The Board also had reservations about staff's inability to prove Mr. Knowles was in business during the time the fine was accumulating. Mr. Knowles was given time to provide evidence he claimed ~to have for the time he said he was working in 1998/99. He later returned to the hearing and stated he did not have an Occupational License for that time period. Upon hearing that, the Board wgnt forward and approved the reduction to administrative costs. PROGRAM IMPACT: Property is in compliance, and Mr. Knowles has an Occupational License. FISCAL/MPACT: City's ce~s~are recovered. ALTERNATIVES: Modify. the Board's recommendation not to exceed $32,450.00, plus the administrative costs, or allow the lien to remain on the property. Dephrlme{t Head's Signature Department Name /City-Manhg~r' s Si~na~xe- City Attorney / Finance / Human Resources S:XBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC 3OARD FLORIDA February 16, 2000 CHAIRMAN DELISO CALLED FOR A RECESS-AT 8:~12 P.M. ,M. VIII. O~D BUSINESS Case No. 97~2~3S Willie & Mamie 554 N.W. 11th Avenue 33435 Mr. Blasie said thatthe property had first been cited on November 20, 1997 for violation of Code.. SectiOn 13~6 Of the Boynt0n Beach COde of Ordinances, failing to renew his occupational license for a lawn ServiCe. 'on D~cember 27, 1997 ResP~)ndent s case came before the Board and Re,pendent did not appear. Service ~for the hearing was obtained by certified mail ai~d it apPeam that Mr. Knowles daughter signed for the' certified mail. TheBoard s~t ra y 19, 1998 or be fined $50.00 per day. on October 29. 1999 although Staff did not realize it at ; 649 and the total fine is $32,450~00 plus The background is that Mr. ha.~ his nam his business know. Story of ate renewa of h's 'censes. He puli Avenue h~ still has that is Mr. Willie Knowles of 149~1 N.W. 2nd Street, Boynton Beach took the podium. Mr. Knowles explained ~hen it came time to renew his business license in 1997 he was ill name from the computer ashe was unable to days re~bperatingl and ~then cat:ch Up On paying bill~. H® went back in the hospital and it took him told the licensing authority were able, -to licensing authority any violations. Mr. to her. His Mr. $32,0( when Mr. Knowles 'h work but that if e {he cense the aloan forthe house. When of the hou,~ ago to ask why he owed $32,000.00, he 14 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH. FLORIDA Februaw 16, 2.000 was told that it was because he had not renewed his occupational license, Mr. Knowles a license-because no one was Mr, Foot asked Mr, Know esif he had:evidence cfa permit for the 10/1197 to 9/30/98 sin( After next on him ~ could get a mortgage. foreclosure. coul The ' no ;lien ~before,he there were only fifteen days left on the of his home.~- Mr: : presenting could that he must have been running him a violation notice. Mr. Blasie said Chairman DeLiso said that if Mr. Knowles could provide proof of an occupational license no fine should be assessed. Motion Mr. Foot moved that..Case 97-4235 be tabled for 45' minutes so Respondent could obtain and present proof of an occupational license, in 1998. Mr. Lambert seconded the motion. Motion carded 6-0. Case No. 97-4349 Guy Estella 515 N.E. 20m Avenue 212 S.W. 10th Avenue Boynton Beach, FI 33435 Mr. Blasie stated that the property was originally cited November 26, 1997 for violations of the City's Community Appearance Code. The Respondent did not appear at the 15 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA had to t February il 6,:2000 3 his -due to he Motion passed 6-0, ,been Mr. be Willie & Mamie Knowles 1491 N.W. 2nd Street Boynton Beach, F! 33435 554 N.W. 11m Ave~ Mr. Knowles, 1491JtI.W. 2nd Street~ Boytnon Beach, took the podium and announced that hehad not pulled an occupational license until: 1999. Mr. Foot said that based on the Respondent's own statements that he did work dudng the fiscal year October 1, 1998,~hrough September 30. 1999, there is a violation that should be recognized an~l that {he Board should reduce the fine t° the administative costs of $634.12. Motion 18 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA February 16, 2000 Based on testimony and evidence presented in Case No. 99-4235, and having been advised that the Respondents have complied with all lien reduction procedures set forth 'n Sections 2-84 thro.ugh 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend tothe City Commission that the fine instituted in Case No. 979-4235, by virtue of this Board's Order of December 17, 1997 be reduced to $634.12. Mr. Miriana seconded the motion. Motion carried 6.0. Chairman DeLiso advised Respondent that he had to go before the City Commission for a final ruling on his case, Respondent said that he had to talk to the loan officer tomorrow reference ,the mortgage and Chairman DeLiso asked Mr. Blasie to give Respondent a letter.to give to the loan officer concerning the Board's recommendation to the City Commission. VI. OLD BUSINESS A. LIEN PENALTY CERTIFICATIONS (TABLED) Case No. 99-717 Neeck & Venande Simeus 116 W. Ocean Dr. (late arrival) At Chairman DeLiso's request, the Recording Secretary swore in the witness. Inspector Skip Lewis stated that this property had originally been cited on Apdl 9, 1999 for a permit for remodeling work in his house, Standard Building Code 1994 Edition 104.1.1. A hearing was held on August 18, 1999 and Respondents did appear. At that time a compliance date was set of October 19, 1999 or a fine of $25.0(3 per day. The property is not yet in compliance for 120 days of non-compliance. The records show the Building Department made comments on the plans that were submitted and the Respondents were eelled to pick the plans up on November 29, 1999 and as of February 9, 2000 no comments had been picked up. A permit has not been issued. The Board asked why. Mr. Blasie said no permit was issued because the Respondents had not picked up the plans from the Building Department with their comments. Neeck Simeus, 116 W. Ocean Drive, Boynton Beach, Florida took the podium and stated that he had not received any such message to pick up the plans. He recalled that one time he submitted plans to the Building Department and they agreed that the electrical and structural plans were fine. The only other thing they wanted was a set of plans because he said no one would be able to read what we had on the paper and he 19 Requested City Commission Meeting Dates [] March21 2000 [] Apffi 4, 2000 [] Apffi 18,2000 [] May 2, 2000.. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned into Ciw Clerk's Office March 8. 2000 (5:00p.mo March 22, 2000 (5:00 p.rra) Apffi'5,2000 (5:00 p.m0 Aprit 19, 2000 (5:001~.m./ [] July 5, 2000 Requested City Commission Meeting Dares [] May 16,2000 [] June 6. 2000 ] Jtme 20,2000 XI-LEGAL ITEM D. 1.b Date Final Form Must be Turned m m City Clerk's Office May 3, 2000 (5:00 p.m.) May ] 7, 2000 (5:00 p.m.~ June 7. 2000 (5:00 p.rr~ ~ June 2l, 2000 (5:00 p.m3 NATURE OF AGENDA ITEM [] Administrative [] Development Plaits [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Busmess [] Announcement [] Presentation RECOM/V~NDATION: The Code Compliance Board recommends rescinding the fine in Code Compliance Case #99-1314. The total fine before reduction was $2,300.00 plus $634.12 in administrative costs. The motion to rescind the f'me was unanimously approved. (minutes attadhed) EXPLANATION. The Code Compliance Board's recommendation to rescind this lien was based on the financial and physical hardships, the applicant has endured. PROGRAM IMPACT: Property is in compliance. FISCAL IMPACT: City's costs are'not recovered. ALTERNATIVES: Modify the Board's'recommendation not to exceed $2;300.00, plus the administrative costs, or allow the lien to remain on the property. Departme~t~Head's Signature Depamnent Name ' /ity Man~ggr's Sigfiathre City Attorney / Finance / Human Resources SABULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC MINUTES BOYNTON BEACH, FLORIDA February 16 2000 the heating. Mr. Estella said that the delay had been due to tenants in the house. When they fina y moved out he was ab e to begin fixing the house up. Motion Based on the testimony and evidence presented in Case No. 97-4349 and having been advised that the Respondent has complied with all lien reduction ~rocadures as set forth in Sections.. 2~84 'd nances, Mr. Lambe~ ~r~0ved The motion was seconded by Mr. Midana: Chairman DeUSO said that the only service in this case had been by posting and since Mr. Estella Was not not fled, $634.12 seemed rather steep, especially since he had been coming to this Board represent ng other people and was never notified on any o1: those occasions. Chairmar~ DeL~iso believed that recovery of the $250.00 lien filing fee should ' be the only penalty. Motion carried 5-1, Chairman DeLiso dissenting. Case NO; 99,13~14 Dennis & Joan Kennamer 8562 Lawrence Rd. Mr. Bias e sa d that th s property was originally cited June 8, 1999 for violations of the City's Community Appearance Code and also Land Development Regulations pertaining to automobile repairs. The case came before the Board August 18, 1999. Respondents did appear a~d a compliance date was .set for October 1~, 1999 Or be fined $25.00 per day The property came into comp lance January 19, 2000 for 92 days of non-compliance for a fine of-$8,900.00 plus admnstratv~ costs. Mr. Basle d stributed phOtographs and alluded to several extenua~ng circumstances in the case. Mr. Foot pointed out that-the fine was actually $2300.00 and not $8900.00 as stated. Dennis Kennamer, 8562 Lawrence Road, Boytnon Beach, Florida 33436, took the podium and presented his case. Mr. Kennamer, a native of Boytnon Beach coming from nj ral areas with agricultural/residential zoning, said that he had been used to having parts and equipment in the yard. Also, his property had just been re-zoned as residential;from agricUltural and that his father's adjoining property had only been made residential recently. Mr, Kennamer went on to explain why he had not brought the property into compliance sooner. Mr. Kennamer's wife was diagnosed with multiple sclerosis in May of 1998 and in 1999 the Kennamer's had to file Chapter 7 bankruptcy. His mother was in the final 17 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA February 16, 2000 stages of breast cancer and Mr. Kennamer had to take off work many times when his wife was unable to care for herself during the day. He lost his job in June due to excessive absence.- From June of 1999 until December 23, 1999 when he got a job he was unemployed. His mother-in-law and his mother both passed away within 30 days of each other in August and September of 1999. His father was attacked and received permanent nerve damage to his arm and he is the one who would have helped with the clean-up of the property. In addition, on December 13, 1999 his father's house on the adjoining property burned.down, further slowing the clean-up effort. Mr. Kennamer was Ultimately friends came to the aid of the consumed by catching up the mQrtgag~. The $4,000.00 insurance proceeds from his wife's mother's death ~;,;ere used to dat~h up the second mortgage. All of these circumstances led tothe Kenname(s nabiity to comply with the Board's Order. Motion Based on the testimony and evidence presented in Case 99-1314, and having been ad¥ised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Lambert moved that this Board recommend to the City Commission that the fine instituted in Case 99-1314. by virtue of this Board's Order of August 18, 1999, be rescinded and that the lien imposed by that Order be released. Motion seconded by Mr. Miriana. Motion passed 6-0. Case No. 97-4235 (continuation) Willie & Mamie Knowles 1491 N.W, 2"d Street Boynton Beach, FI 33435 554 N.W. 11th Ave. Mr. Knowles, 1491 N.~/V. 2nd Street, Boytnon Beach, took the podium and announced that he had not pulled an occupational license until 1999. Mr. Foot said that based on the Respondent's own statements that he did work during the fiscal year October 1, 1998 through September 30, 1999, there is a violation that should be recognized and that the Board should reduce the fine to the administative costs of $634.12. Motion 18 Requested City Commission Meeting Dates ~ March 2I. 2000 [] April 4, 2000 [] April 18, 2000 [] IVlay 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned m to CiW Cl~rk's Office March 8:2000 [5:00 p.m,) March 22. 2000 (5:00 p.m.) April 5, 2000 (5:00 p.m.) April 19, 2000 (5:00p.m4 [] May 16, 2000 [] June 6, 2000 [] Jtme 20. 2000 [] Jdly 5, 2000 XI. LEGAL D.l.g Date Final Form Must be Turned ~lerk's Office May 3, 2000 (5:00 p.m.l May 17, 2000 (5:00 p.m.) June 7. 2000 (5:00 p.m.) June 21. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemcmt [] Presentation RECOMMENDATION: The Code Compliance Board recommends reducing the fine in Code Compliance Case #96- 5768 to $1,000.00 plus $826.18 in administrative costs. The total fine before reduction was $264,750.00 plus the aforementioned administrative costs. The motion to reduce the fine was approved by a 5-1 margin. (minutes attached) EXPLANATION: The Code Compliance Board's rationale for the substantial reduction is due to the fact the property was previously foreclosed, but our lien went undetected. It was the Board's determination to approve this reduction in order to collect something as.opposed to the current owner tiling a new foreclosure action and in all likelihood, wipiiag our lieu out completely. The Boar{[ also noted the fine instituted in this case Was set at $250.00 per day because of Continual complaints from homeowners in the neighborhood. PROGRAM IMPACT: Property rs in compliance and hopefully, will stay that way. FISCAL IMPACT: City's cOn-are recovered, plus an additional $1.000.00. ALTERNATIVES: Modify the Board's recommendation not to exceed $264,750.00, or be subject to a re-foreclosure, thereby extinguishing our lien altogether. Deparmaent 'H'ead's Signature Department Name City Attorney / Finance / Hunmn Resources S:kB ULLETrl. hFORMSXAGENDA ITEM REQUEST FORM.DOC S ~MEETING MINUTE :C~DE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA February 16 2000 Mr. La~b~ moved to accept th~ Agenda as presented The motion was seconded by ur~ ~i~an~ ~ai-ried uha~i~od~~. ~' '~ ' ~ IV. SWEARING;IN OF W1TNESSESAND INTRODtJC~FION At the request of Chairman DeLiso, the Recording Secretary administered the oath to all persons who w~ould be test lying. Chairman M.r. Btasie asked all persons who were LIEN REDUCTION HEARING Case 96-5768 Property Address: 3020/3040 SE 2nd Str .eet(duplex) Boynton Beach, Florida 33~35 Anthony Callis/Crossland Mtg. 9400 4m Street N St, Petersburg, FI 33702 Mr. Blasie stated that the property was originally cited on November 13, 1996 for v o at ons of Community Appearance Code Th? respondent did not appear at the FebrUary 1¢, 7997"~6d~ C~-npliance Board heanng. ~he comp ance da~e was set at March ~17, ~997 or be fined $~50.00 per day. Th~ proPerty came into compliance on February 10~' 2000 with 1059 days of no~-comp ~n(~e and a substanta fine had accrued. Mr.,. Blasie introduced the attorney representing the mortgage company that has forecoSed on the property; however, the City's lien was not extinguished. Ms. & Kni East Broward Bo~ took the is property at this time by virtue of.foreclosing on a mortgage that was recorded in July of. 1995. The City's lien ~vas recorGed ~n July ~3f 1997 For~c osure proceedings were initiated against the prope~ and on N~vember t9, 1999 the property was purchased in a foreclosure delivered to Crossland MOrtgage. There were tenants sal eviction procedures were i~stituted! As soon as in began to clean up the property~ Sh0rtl~ after that time they $6 O00.OP the are as follows: property and the violations and spent in excess of ~ January 8 2000 to correct the violations, an. Mary 10 of a certificate ~ compliance it is the ntent of ~ ~n a well-maintained condtion so that it can be an asset CroSSland Mortgage intehdS !o sell the property. During ons unknown, the: City s tien was:nOt 'ide'ntified or therefore, subject to ~xting'uishment. The options 2 MEETING MINUTES CODE COMPLIANCE BOARD February 16, 2000 Chairmar ~rope~. reimburse the City for the costs that were incurred as identified in the City's letter to Crossland M~rtgage in the amount of $826.16 in ad~inistratiye costs and an-additional Sr1,000.00' or, initiate re-foreclosure proceedings and foreclose the lien what re-foreclosed on the City there would be' egal time bottom line was:that 'Orossland e Mortgagee ¢ Attorney IgWe~ the Assistant City Attorney Igwe asked the value of the property and, Ms. DeLegal replied that they had an offer of $110,000.00. taldng into consideration )f $!50,000 O0 The original mortgage was in the amount of the City's lien is $264,750.00. Chairman DeLiso commented that the reason it was so high is that there were several neighbors in the anc property to 'Ms. so there would be no recourse possible Court under Chapter 7, Chairman the Board.if they;waned to recoup some money or let-the re;foreclosure' whicti wet'id r~um zero dollars to:the Cit~/. Mr. La been new had 'eplied that it had Mr. Blasie that the up the property and Mr. Blasie Ihat they had taken title and January 8, 2000 at1 of: the va ue at they thai the person who~claus~_all the problems on this roe s Mr. Lambe,t,sai~ -. .... = ,-,uuuma pOSSlDly CIO, and that,the legal the picture, tha~ the City ~ad done e~,ervthihn if ...... P p' rty i out Of owners had, immediately upon taking p0sses~ion of the. property, proceeded ~zith renovations and: brought the property,into compliance. The delay in compliance was due to having to evict the tenants. 3 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA February 16 200.0 Chairman~DeLiso Said ~the Board c0uId make-a~counter;offe¢ if it desired. He also p~int~d ~Ut~'~t.~the~ ma'~,~.. ~ h~: to g~-b~ere the' city ~CommiSsi0n Which, in h s opinion, ~v~uld p~b ~ ~eS~it ir~ ~h~e~'~ity.,ta:k,iOgt~e:$! 80o. c~0;:~atliowing ~riiCe fah~ily to move in and solving a long-standing pr0~lem fciC-the ci~. Motion be FoOt The V. is a brir that time corn this Board follows Florida State Statutes. The Board and has a plea system~ ~ When a person ~comes up to the is or her nam~ ~e i -a :he nto this BOard. A ; not d ~a 4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City.. Comr~salon Date Final Form Must be Turned _Meetmg Dates in~o CiWClerk's Office [] March 2[.2000 ] Atml 4, 2000 [] April 18,2000 [] May 2, 2000 March 8, 2000 C5:00 p.m.) March22, 2000 (5:00p.m.) April 5, 2000 (5:00 p.m.) April 19, 2000 rS:00 p.m.) Requested City Comm/ssion [] May 16, 2000 [] Jtme 6.2000 [] Jtme 20,2000 [] Jaly 5, 2000 XI-LEGAL ITEM D.l.d Date Final Form Musf be Turned /_n to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000(5:00 p.m.) June 7,2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.i NA,TI~OF AGE~DAITEM [] Adm/n/strative [] Developmerit Plans [] Consent Agenda [] New Business [] Public I-Ieamag [] Legal [] Bids [] Unfinished Bm/ness [] Announcement [] Presentation RECOMMENDATION: The Code Compliance Board recommends reducing the f'me in Code Corn liance C _ 4349 to the administrative costs of'$634 12 The total fine before'r P ase #97 administrative co . . ' ' eduction was $4,400.00 lus the sts. The motmn to red-oh ~L ~_ ' P aforem~ntion ,~ ,~ me nne was approved by a 5-1 margin. (minutes attached) -" eu EXPL~"~NATION: The Code Compliance Board's recommendation to reduce this lien was based on the efforts made by the a~plicant to comply; including~ the considerable expense they incurred. The applicant 61aimed receive notice, but proper service was accomplished as required by Statute. he did not PROGI~ IMPACT: Property is in compliance. FISCAL/MPACT: City's costs are recovered. ALTE.R~i ATIVEs: Modify the Board's recommendation not to allow th6 lien to remain on *~'~ .... exceed $4,400.00, plus the administrative costs, or · ,~ pt oper~y ann pursue foreclosure. Deparlment"ltead's Signature Departmen~-~mame City Manager s Signature City Attorney / F/nanc~'~'-Hman Resources S:~BULLETFrk~FORM S~AGENDA ITEM REQUEST FORM.DOC MEETING 'MI.NUTES CODECOMPLIANCE BOARD BOYNTON BEACH, FLORIDA February 16, 2000 was told that t was because he had not renewed his occupational license. Mr. Knowles , ~ because no one was t he hadnt uled a hcense told Occupational License tha . P · · - '~" :' ~ a supposed t~;be working~ n 1,997.-M~: Knowies dl~ nc~t under--and Whytbe[ff;Was, problem,,-"~w't~en-he c:a~ne to oe~upationai Licen:~e' t~ pbli ~ license in ~998' ~no ~ne mentioned anything to him. Mr. K~o~IeS, maintained:that he knew n°thingofanylien~ Mr. Foot rasked~, Mr. Knowles if he,had evidence of a permt for,the 10/1197 to 9/30/98 Kr~qW!--es s~id that he~ha~ app!ied for a license twic, e year or the su~eeding Mr his.ill.n.e~ .~:a r~d,~hat h e. had ~,a~:$~0.00 e×t ra. f~ ~. jat~:aibpli~atio n since issue for the next 1997 and 1998. could foreclosure-' the could The issue of make that before he on the He believeg he 1998 and 1999 could to Blasie 'said Chairman DeLisO sa d that f Mr Knowles could prov de proof of an occupational license no fine should be assessed. Motion Mr. Foot moved that,~;ase 97-4235 be tabled for 45 minutes so Respondent could obtain and present proof of an occupational license n 1998. Mr. Lambert seconded the motion. Motion carded 6~0. Case No. 97-4349 Guy Estella 515 N.E. 20th Avenue 212 S.W. 10th Avenue Boynton Beach, FI 33435 Mr. E~lasie stated that the property was originally cited November 26, 1997 for violations of the City's Community Appearance Code. The Respondent did not appear at the 15 MEETING MINUTES CODE COMPLIANCE BOARD February 18, 1998 Board hearing and:a corn I per day was set b t ' - P ante date of March .~... y he Board. The r ' := .. 16 1998 or $25.0 1998 for 1 [6 days of -,-~,....,~ .... P_~ _eperty ca,n.e I~o comphance on Sep ember ~0, has accrued. ' n°n "'",,~,,,~,,uu and a fine ot $4,400.00 plus administra~'ve costs Mr. Estella was unable to apply for a lien reduction any sooner. Chairman DeLiso asked for photos which Mr. Blasie supplied. S.W. lOth Avenue Mr. Este la ignorance of in was h sdr Mrs; .Foot:asked if this had been the first v olation o . .. ;,., par~r property t would be the third vJola[ ons Was for ...... - -' of the ' ',,-,= vehicle or one of his tenants of which he ~uestions from the Board Mr. Blasie stated that Mr. n other properties. Chairman DeL/so commented that from -the pictures the property looked great right now. Mr. , :1 spent $25,000.00 to get the roe asked 'him ' ,,~ P p rty ookin the if he were g t way. ... . . u~ttmg reaay to-sell the · Yes.- Mr. Blasie ex ia' . -_ .. ~ .... property wh ch PIned that he had' oulk on to the house, g t the house it was vacant and in very City took a'lot longer ttCb he thought and there InspeCtor .Melillo offered, to comment on the situation. He stated that the roe extremely di apidated and run down a rea e' es : · p p ny was b°ard~duP fhe "i~--~ -: - : y o? to the neighborhood I Ins by., neighborhood kids who ~-,~ ,__,..a_ll, .a [}.ig f]ole in the driveway, constant prob~m with.pedAte-,oin~;,-,--, ~X.P'~!.ues in it. It looked shabb and w --" :; '_ ~ ~'. ~ u.~-~u l[ all [ne time Wh ' . .Y . as a safety property he dJd fix ~t~up and it looks very nice now.en Mr. Estella finally ended up w~th the Mr. Foot: commented that when the Board ¢~ave t pay $25 00;per day t must ho,,~ ~-~, __., .~- h.e property one month to c m or be brought into compliance. He said +~,-, =,~- -P~ .~. did not require that much work to -'"~ ,~ prouaoly nad not needed $25,000.00 t bring it in?o compliance Aithou~h 30 da o · u ys was ProOably short to,cover the aintin the h~se, the rest;Of ~he ~io ations- items in th P g of have:b~eh ~andled ~ji~.i;' ~;., '~,. ~,7'.'. .[e ~arU grass, ho e Jn dry not appeared at the:Board'S hearinany P~,~0ud~.,_~,,r_' F~,, .o.t .com..m. ented that M~. Estella had ~" · ~ua said ilo did not know anything about 16 MEETING MINUTES CO DE COMPLIANCE BOARD head Mr Es, re la §aid that ~e delay had been due to tenants in the house. When the _ n,g. ~ ' ' ed Out he was ab e to begin fixing the. house up, they finally racy Based on the testimony and evidence presented in Case No. 97-4349 and having been es ondent has comp ed wit~ ~11 lien reductio~ procedures as set forth ad¥iSed ,that [he R i~,? i . ,.~: ~..-., ~:._,~L ~esch C~de of Ordinances, Ur~ - ' ' ~*'~'~ "'~';.; "; 'chi ';Se~'ce' n ~l~;6ase had ,been by posbng and Since C~'~' an,~D~ ~;;s:~ ~;._ , . ,,. , ~ ,,..-, · -, _~c:: ~A&n .... ~*nec at v since he had been t. nefi~ed,$ · - . . · · [ se _ Mr. ~,~Ss:~o -. '~-~=~ n~,l~ a~d,-was-never n¢fied on anyo , "'' ' '~a ~epre~;ep~,~o.~, ,,~,,~,=-~ - " ~e Sheuld"- co leg. ~ ~,. ~. ¢~,..-¢,-, ...... 250;00 hen filing - . · ,~, ~,~n ~.]~so be ~eved that r~ e~ ,,, , 8562 Lawrence Rd. une 8, 1999 for violations of the Land Development ,Regulations before the Board August 18, 1999. 1999 or be 19, 2000 for92 Gays · -,.,; ! ~ actua ly $2300.00 and not $8900.00 as stated. Mr. Foot p,omted out:;tl;~t the fine was, 33436~ took the a native_of Boytnon Beach coming said that he had been used to from, his property had just been re-zoned as lather's ,adjoining property had only been made Ke2.~&~&¢/*r,=n~i'!~n'~O~¢~..~,~?~,. '~""*"~; ,-exOlain why,he had _~ot brought the Prope~ nto compliance 'asda hdsedwith multi~escle~osis n May¢~O98and Mr. ~ ~: , ' a~''ers~Eew . g ~ ~,- · ' the final co er;,,Mr~,~Ken~ ~ ,. ~ · Hs mother--as ~n s p ., , , ~ 7bankm tcy. '~n 199~ the': Kenna~efs. had to file Chapter P 17 Requested City Comm/ssion Meeting Daes [] March21. 2000 [] April 4. 2000 [] Apdl 18. 2000 [] May 2, 2000 CITY OF BOSTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CRY Clerk's Office Mamh K 2000 5:00p.m.) March 22, 2000 (5:00 p.m.) April 5, 2000 (5:00 p.m_) April 19, 2000 (5:00 p.m.) Requested City Cofiamassinn Meeting Dates [] May 16, 2000 [] 5une6. 2000 [] Jtme 20. 2000 [] July 5. 2000 XI LEGAL D. 2 Date Final Form Must be Turned to CRy Clerk's Office May 5, 2000 (5:00 p.m.) May 17. 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m./ June 21. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Hans [] Consent Agenda [] New Business [] Public Hesnng [] Legal [] Bids [] Unfinished Business [] Aunouncement [] Presentation RECOMMENDATION: Motion to approve staff recommendation of $229_865 recreation impact fee for the Manatee Bay Development. ANALYSIS: The Planmng and Zoning Department in a letter dated September 29, 1999 (attacheQ has detertm~ined the Recreation~Impact fee for the Manatee Bay project should be $229.865.00. Olen Residential Realty CorpOration nas proposed the fee to be $148.950. The difference between these two mounts is based on the interpretation of developable acres discussed in an Engmeenng Division letter dated March 8. 1999. The value of 6.1 acres of sabmerged lands becomes the pivotal issue in this case. The developer has been reqnas~ed to provide a separate appraisal of only the submerged lands. So far. they have declined to provide a separate appraisal for this less Valuable property. PROGRAM IMPACT: Disagreemem concerning the amount of the requirement is holding up the collection of the fee the project is nearing completion. FISCAL IM3PACT: The difference between the staff recommended fee and the developer proposal is $80,915. ALTERNATIVES: Select the developer's proposal or rletermine a differem amount entirely.  r Department Head's Signature Department Name · -}~ Ci~ Manager's Signature City Attorn~ / Finance / Human Resoumes 8 :\BULLETINXFOtLMSL4.GENDA ITEM REQUEST FORM.DOC Mm-ch 1. I999 Mr. Michael W. Rumpf, Planning Director CiW of Boynt0n Beach 100 E. Boy3to~ Beach Blvd. Boynton l}~i h. 33425-0310 Manatee Bay (File #NWSP 98-005) Park Fees Dear Mike; Please find enclosed reduced copy of our proposed plat for "Manatee Bay". We will be processing the boundary plat for approval by the City Commission upon completion of our review and appropriate signatures on the plat. It is our understanding that the park fee is normally required as a condition of the plat approval process. We have had several discussions with Ken Hall and John Wildner with the CIO,,, of Boynton Beach regarding the park fee and we will proceed to conclude the payment of the fee upon agreement by all parries. We have calculated the fee based upon Article V of the Boynton Beach Code and our recent closing on the property ($1,890,000 for 17.13 acres or $110,333 per acre). Using the formula in the code together with the private space, we have estimated the Park Fee to be approximately $148.950. W'e have submitted sewer, water, paving and drainage plans to the City for review and approval as well as the architectural plaxls ~'or t}/e principal buildings. Since timing becomes an issue with regard to ordering utility structures and start of~he underground work, we would commit to finalizing the payment of the park fee at either the plat approval process or pt:ior to the issuance of a C.O. t'or the principal buildings. If you are in agreement w/th.the payment schedule enclosed, please notify me and we will proceed accordingly, You can fax a response to (954)?,I 5608. Should you have c uesrions r_~egarding the enclosed, please feel free to contact me. i*.,.NTIA.L REALTY CORP. se Vice President Developmd,__n[ - Florida MMH/sk cc: Igor Olenicoff Ken Hall John Wildner Project File 1062 Coral Ridge Drive (954) 340-4904- · Coral Springs, Florida · Fax (954) 344-4608 33071 FlOR Z~ '~ 0~:04RM THE OL£M COHPRH¥ P.3 ~oh DEPARTM'ENT OF DEVELOPMENT Division of Engineering, .M~, Mark Pie.risen, Vice Pr¢.~ident ~_ I ~[&P~ 6 1062 Coral Ridge Drive Coral Spring% FL 3.3071 RE: MANATEE BAy~RECREATIONAL IMPACT FEE Dear Mr. Hansen: In response to your 3/3/99 letter, the $229,$65.00 park fee was derived by dlv]dul, your purch~e priceby the ~b~ of~ (17.13 total a~es less 6,1 acres ?f submerged lmds) or $170,270.27 per acre. ~s ~t pfic~ w~ factored ~to ~ep~k fee equa~on m~g .015 a~ per mt m~t~hed by 18 ~ less ~ for p~k credit, or 5229.865.00 ro~ed. The CiW feels that the reparian righ~ to the submerged lands lend little or no value to the uplmad buildable area. That w~thout the submerged acreage your purchase grioe would be appro~matety ~e same bosea on a fa~ market price per unit multiplied by the 1 §0 m'du you Imve been allowed to build, Upon reee~pt'of your appraiser tlst, the Ciq~ wbll make a recommendation mail requem that a fair m~ket value o£only the submerge~ lends be submi~ed. Sincerely, Ken Hall Engineering Plan .Check In~ector/Teohn~cian KR.Wok Nancy Byme, Acting Director of Developmen~ John Wildnen Pe.d~ Superintendent Michael Rumpf, Acting Planning & Zo~ng Director 1999 CA,My D~-~mcr~%Manate,~ ~Y l~,ecreatlen Imp~t:t Nm ~ ~.d~ A~ica's Gateway to the Gu~s~e~ loft ga~: ~oynmn B~cb Blvd., P.O. ~x ]tO Boynton Bea~, glod4t 3~5~310 Phone: (~61) 742-6~ Fa~: (~61) 742-~7 DEPARTMENT OF DEVELOPMENT MEMORANDUM ENG 99-ii2 TO: THRU: FROM: DATE: Michael Rumpf, Director o~ Pl~g & Zoning Jot~ Wildner, Parks Superintendent Nicholas Igwe, Assistant City Attorney Nancy Byrne, Acting Director ofDevelopmem q)X~ -KenHall, Engineering Plan Check Inspector/Technician August 24, 1999 MANATEE BAY RECREATION FEE JUSTIFICATION,' A review of Planning's Via Lago file indicates the following: Based on the 66 unit development containing 11.29 acres, no credit for additional units was given to the 3.57 acres of submerged land. The number of units was determined'by the density multiplied by the 7.72 buildable acres (see the attached four documents from the Via Lago ffle), As to the comparison to the Hills of Lake Eden development and the preserve area, I don't see any real comparison. The 1-~ acres at the "Hills" Was a set aside requirement for the scrub area. There was no set 'de ' ' " ' ~ ~ ' as~ reqmrements for Manatee . The one acre was on bmldable land and represented .07 of the site. The submerged lands at "Manatee" consist of 6 acres~ which is 35% of the overall site. The density of "Hills" was reduced by the [ezoning to P.U.D. and a requirement that the homes have a minimum of 2400 sq. ft. under air. The density at "Manatee" increased ftomthe allowable 10.8 units/acre to 16.36 units/acre because the units are all being built on the uplands It is my opinion that the recreation fee of $229,865.00 for 180 units built on 11 acres creating an impact of 16.36 Units/acre is justifiable, and if challenged, the applicant should take his appeal to the City Commission. ~ KRH/ck Attachments: (4) Xc: Jack Casler, P.E., P.L.S., Acting City Engineer MA TCHL~ SEE OF 10 , INTRACOASTAL ATERWAY September' 29, 1999 Mr. i DEPARTMENT OF DEVELOPMENT Division' of Planni Re: Manatee Bay Recre~ttion Fee Dear Mr. Hansen: Thank you for meeting with staff on August 16th rega/ding calculation of the appi:opriate Recreational Impact Fee for your new development. After further review, it is stili~staffs position that the Recreational Impact Fee for the Manatee Bay project should be'$229,865 Staffs position is based on the following: The number of units has increased the impact to the City because the 180 units are being built on the uplands creating a density of 16.36 units per acre rather than the allowable 10.8 traits per acre for your zoning The submerged lands are of relative little value except for the dock out into the Intracoastat Waterway and cannot be valued at the same acre price as the buildable uplands. 3. Upon reviewing,the first phase of the abutting Via Lago development, there was no credit given for additional units for the 3.6 acres of submerged lands. Theoretically, the impact fee is to be used to increase recreation resources within the vicinity from which the fees are collected, which could include land acquisition. A fee collected based, in parr, on submerged lands, may be insufficient to acquire equivalent land on which a park could be developed. 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561} 742-6260 FAX: (561) 742-6259 Mr. Mark Hansen, Olen Residential Realty Co~, Re: Manatee Bay Recreation Fee ' ~ ~ September 29, 1999 Page Two Chapter I, Article V. Section 3.e.(4). of the City's Land Development Regulations (LDR) states that the City Commission may accept the fair market value of a qualified real estate appraiser, i_f found reasonable. Since your company and City staff cannot resolve this issue, we recommend you appeal your case to our City Commission as outlined in Chapter 1, Article VII, Section 1.D.2. of the LDR. Sincerely, Michael W. Rumpf Plarming & Zoning Director MWR:KHYck Xc: Nicholas [gwe, Assistant City Attorney 05 '99 (~3-:24PM THE COMPAMY P. 2/4 October 5, t999 Mr. Michael W. Kumpf, Planning Direct. ar City of Boyuton Beach 100 E. Baymon Beach Blvd. Boynton Beach, Fl. $$425-0510 RE; Manatee Bay - (a.k.a. Banyan Cove) D¢~r Mike; As previously discussed, we do disa~ree with your evaluation for the park fee on the above referenced site and therefore would ask to present this issue to the Cit,/Commission at the time our Pl~t is scheduled for commission review, Please notify me &the schedule in advance of the meeting, Should you have questions regarding the enclosed, please feel free to contact me. DevelFp Jansen, Vice President aent- Florida MMHIsk cc: Igor Olenicoff Ken Hall/City of Boynton Beach Building Dept. Project File Coral Ridge Drive * Core Springs, Florida 33071 (95,4) 340-49(]4 · Fa~ f85,4) $44-4808 March 13, 2000 Mr. 3ohn Wildner City of Boynton Beach Park Division 100 East Boynton Beach Blvd. B0ynton Beach, FL 33425 Re: "Hanatee Bay" - Park Fee Dear Mr. Wildner: Please provide the enclosed information as additional back up material for the March 21, 2000 commission agenda; March 15, 1999 correspondence to Hr. Ken Hall from Olen Development Corp B. Appraisal from Catloway & Price, [nc., with park fee determination dated April 29, 1999. This information was provided to the City staff pursuant to the Boynton Beach Code Article V, Section 3.A (2) e. (4). Should you have any questions regarding the enclose(t, please feel free to contact me. Sincerely, ~ Vice President- Development cc: David Nords Igor Olenicoff 062 Coral Ridge Drive · Coral Springs, Florida 33071 (954) 340-4904 · Fax (954] 34.4-4608 March 15. i999 ~Ir. Ken Hall City of Bovnton Beach 100 E. Bovnton Beach Blvd. -. BoynronBeach, Fl. 33425-0310 Manatee Bay T'ile #N~NSP 98-005 Recreational Irt/pact Fee Dear Ken; Please f'md enclosed the name of two appraisers for your rexaew and selection to proceed with the appraisal of the above referenced property as set forth in the Boynton Beach Code Article V. Section 3.A (2) They are as follows: Callowav & Price. Inc. Real Estate Appraisers & Consultants Contact person, Stephen Shaw. (561)686-0333 American Realty Consultants. Inc. Real Estate Appraisers & Consultants Contact person: Bob Love 9545472-5700 The value of the property for multi-family use including the submerged land is directly proportional to the density allowed on a per acre basis. In this instance the total land area (17.13 acres was utilized to determine the number of units allowed (185 maximum:. If the submerged lands (actually 5.52 acres including mangrove preserve areal were subtracted as indicated in your correspondence, then the density allowed would be 119 units (17.13 AC - 6.1AC = 11.03 AC x 10.SDU/Acre = 119 units~. The value of the property was based on the number of units achieved on the property. We chose ro restrict the development ro 180 units and two and three story product rather than the four story allowed bv the Zoning district. The value was determined on a per unit basis, $i0.500 per unit or $1,890,000 for the total properties (two separate owners~. Basedon 119 units, the property value would be $1,249,500. Palm Beach County assesses a value to paper units TDR's) at approx/mately $i0,000 per unit. The value of the recreational amenities we provide to our residents are immeasurable, the initial cost and long term maintenance of these amenities ks considerable. 4062 Cora Ridge Drive Cora~ Spr~n.~s Flor~oa 3307~ [@54) 340-4904 Fax (954) 344-4608 Page 2 o£2 Ken Hall / City of Boynton Beach Manatee Bay Recreational Fee March 15, 1999 Obviously, in this instance we differ in our calculations, therefore the introduction of an appraiser as indicated in the code. Please review the appraisers submitted and notify me to proceed forward with the appraisal .My [ax number is (954~3444608. Should you have questions regarding the enclosed, please feel free to_contact me. ~ 'i REALTY CORP..~ M 'art~ I .~I-~nsen. Vice President Deve] )merit - Florida MMX~/sk cc: Igor Otenicoff Mike Rumpf/Acting Planning and Zoning Director Nancy Byrne / Acting Director of Developmen~ John Wildner / Parks Superintendent Project File AN APPRAISAL OF THE VACANT MULTI-FAMILY SiTE LOCATED ON THE EAST SIDE OF U.S. HIGHWAY 1. APPROXIMATELY 1/3 MILE SOUTH OF N.E. 22"~AVENUE, IN BOYNTON BEACH, FLORIDA PREPARED FOR OLEN RESIDENTIAL REALTY CORPORATION AS OF APRIL 29, 1999 BY STEPHEN D. SHAW, MAI CALLAWAY & PRICE, INC. IWEST PALM BEACHI Robert J. Callaway, MAI. SRA. CRE St. Cert. Gen. FtEA FtZ0000505 Michael Ft. Slade, MAI, SRA, CFtE St. Cert, Gen. REA FtZ0000116 Daniel P. Hrabko, MAJ St. Cert:Gen. REA RZ0000048 Steahen D. Shaw, MAI St,Cert. Gen,REA RZ 0001192 Joe R. Pdce MAi SRA St. Cert. Gen~REA RZ0000555 Please reply to West Palm Beach E-mail cpi~cpwpo;ceh~ Callaway & Price, Inc. Real Estate Appraisers and Consultants Licensed Rea~ Estate SroKer$ IFORT PIERCEm Harry D. Gray, MAI, SPA St. Cert. Gen. REA RZ0000662 ~IBOCA RATONm Daniel P. HraDKO MAI St. Cert. G_en. REA FtZ0000048 IISTUARTI Harry D. Gray; MAI. SRA St. Cert. Gen. REAP, Z0000662 May 5, 1999 Mark Hansen, Vice President Development Olen Residential Realty Corporation 1062 Coral Ridge Drive Coral S ;rings, FL 33071 Dear Mr. Hansen: Pursuant to your request, we have made an investigation and analysis of the vacant multi-family site located on the east side of U.S. Highway 1, approximately 1/3 mile south of N.E. 22n~ Avenue, in Boynton Beach, Florida. The Subject Property wil] be further described both narratively and 'egally within the following Complete Appraisal in Summary Report format. The purpose of this investigation and analysis was to estimate the Market Value of the Fee Simple Estate of [he Subject, as of April 29, I999. In addition, we will also estimate the proposed park fee which, according !o the Boynton Beach Department of Engineering, is equal to the Market Value of 1.35 acres of the Subject site. As a result of our investigation and analysis of the information obtained therefrom, as well as a general knowledge of real estate valuation procedures, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property, as of Apdl 29 1999 was: TWO MILLION TWENTY FIVE THOUSAND DOLLARS ($2,025,000) WEST PALM BEACH FOFtT PIERCE BOCA RATON STUAFtT 1639 Forum Place. Suite 5. West Palm Beach, FL 33401 505 South Second Street. Suite 230. Fort Pierce, FL 34950 4400 North Federal Hignway, Suite 210. Boca Ftaton, FL 33431 505 South Second Street, Suite 230 Fort Pierce FL 34950 (561)686-0333 / Fax (561)686.3705 (561)464-8607 / Fax (561)461-0809 (561)998-8088 / Fax (561)686-3705 (561)287-3330 / Fax (561)461-0809 Mark Hansen Vice President De?lopment Olen Residential Realty Corp0ra{ion May 5, 1999 Page Two in addition, it is also our opinion that the corresponding park fee attributable to the Subject site which is equal to the Market Value of 1.35 acres of the Subject Property, as of April 29, 1999 was: ONE HUNDRED FIFTY ~IINE THOUSAND SlX HUNDRED TWENTY ONE DOLLARS ($159,621) This appraisal assignment is reported in a Summary Format as defined by the Appraisal Institute. It is considered a Summary RePort because it corftains summary'discussions of the data, reasomng, and analyses that were used to develop t,he opinion of value. It also includes su~.maw desP, riptions of the Subject P~'0perty the property s ocale the rnarl~et for the property tyP~ and the appraiser's op!nion of highest arfCi best use. Any data, reasoning, and analyses not discussed in-f-he summary Appraisal Report are retained in the appraiser's work file (see Limiting Condition 12) It is our 0pi:nien that the resulting work product and the estimate of value is not so limitbd 'in scope and ~nalysis than it would tend to mislead or confuse the restricted userUf ttlis report. It should be clearly understood that the Market Value definition includes a reasonable exposure time. It is our Opinion that exposure time would have taken up to 12 mo'qths. Further, we would point out th at the above value estimate is based on a specific date, wherein a theoretical market exposure has already occurred. To estimate a future value at the end of a marketing time startinq at the~appraisal date would be a prospective value as opposed to the current value estimated herein. A description of.the property appraised, together with an explanation of the valuation procedures utilized, is contained in the body of the attached report. For your convenience, an Executive Summary follows this letter. Your attention is directed to the Limiting Conditions (especially Nos. 11) and underlying assumptions upon which the value conclusions are contingent. Res 3ectfully submitted, CALLAWAY & PRICE, INC. Stephen D. Shaw. MAI State-Certified General Appraiser RZ0001192 SDS:sds/99-43729 Attachments Callaway & Price, Inc. iii¸ PROPERTY TYPE LOCATION DATE OF VALUATION ~URPOSE OF APPt~[SAL EXECUTIVE SUMMARY Vacant multi-family land. . : The Subject is located on the east side of U.S. High~ay ,,1,, approximately 1/3 mile south of N.E. 27'~ ~e~e, i~ Boynton Beach. Florida. : Api'i129,,!999. , : .... : ,To estimate"to estimate the,Market Va ue ,of the ,~i~l~i E~a~ .,of t~ilSubjec~ Prbper~yj ~s of Ap~i~ 29, 1,9,,9~.ln,.~qdd[tLon, we, will also e~mate th~ p~PoS~8~;Par~ [~e Which; aCCOrd ng to tl~ Bovnto~i B~e.~,cl~";~l~'pa~t~e~[ O~ Engi,ge,ring , s e~[ual t~ th~ Ma'rl~et 9aiUe'of1.35 &dres o~he S~bje~.;s te PROPERTY DESCRIPTION: LAND ZONING LAND USE PLAN HIGHEST AND BEST USE 17,.13 acres, more or less. Of the,total site 11.10 acres:is uplands and 6.03 acres,,is submerged [and/mangrove area. R-3, :~esidential Duplex (10.8 Density Max), and C-3, Commercial Community¢ by the City of Boynton Beach. HDR, High Density F~esidential (Max 10.8 DU/Acre), and LRC- Local Retail Commercial by the City of Boynton Beach. For multi-family development. Callaway & Price, Inc. iv MARKET VALUE OF THE FEE SIMPLE ESTATE OF THE SUBJECT PROPERTY AS OF APRIL 29, 1999 ESTIMATE OF THE PARK FEE WHI CH EQUATES TO ~¢IE MARKET VALUE OF 1.35ACRES OF THE SUBJECT PROI~ERTY AS OF APRIL'29, 1999 EXEC U~TIVE, SUMMARY (Continu ed) $2,025,000 $159,821 Callaway & Price, Inc. ,.TABLEOF;CONTENTS Paqe No. Letter of Transmittal ................................................................................................... I Executive Summary ................................................................................................... iii Table of Contents ................................................................................................ iv INTRODUCTION ,!,- Certification ............................................................................................................... 1 Limiting Conditions .............................................................. ~hoto~raphs ............................ GENERAL INFORMATION General Information .................................................................................................... 7 Purpose Date and Function of Appraisal .......................................... ;:~,...,.. ....... i~..'7 Market Value; ......................................................................................................... 7 Interest Appraised .................................................................................................. 8 Fee Simple Estate ................................... ; .............................................................. 8 Legal Description .................................................................................................... 8 Property Data ... ......................................................................................................... 9 Location .................................................................................................................. 9 Zoning .................................................................................................................... 9 Land Use Plan ........................................................................................................ 9 Site Size, Shape and Access ................................................................................. 9 Easements/Rig iqts-of-Way ..................................................................................... 9 Utilities .................................................................................................................. 10 Topography .......................................................................................................... 10 property History ...................... ; ............................................................................. 10 Census Tract ........................................................................................................ 10 Flood Hazard Zone .............................................................................................. 10 Assessed Value and Taxes - 1998 ....................................................................... 10 Concurrency ......................................................................................................... 11 Highest and Best Use ............................................................................................... 12 Conclusion ............................................................................................................ 12 Callaway & Price, Inc. w TABLE OF CONTENTS (Continued) Paqe No. VALUATION Preface to Value/Scope of Assignment .................................................................... 13 Data Sou rces ....................................................................................................... 13 Sales Comparison Approach .................................................................................... 15 Preface ........................................................................... ~;-- ................................... 15 Discussion of Vacant Land Sales ......................................................................... 16 ~.~ Conclusion .......................................................................................................... 17 Park Fee Estimate .............................................................................................. 17 ADDENDA Legal Description Land Sales Ma p Qualifications: Stephen D. Shaw, MAI Michael R. Slade, MAI, SRA, CRE INTRODUCTION Callaway & Price, Inc. CERTIFICATION We certify that to the best of our knowledge and belief: 1 . The statements of fact contained in this report are true and correct. The reported aha yses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, unbiased professional analyses, opinions, and conclusions. We have no present or prospective interest in the property that is thesubject of this report, and we have no-personal interest or bias with respect to the parties involved. Our compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. The analyses, opimons, and conclusion were developed, and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) adopted by the Appraisal Standards Board of the Appraisal Foundation. In addition this report also complies with the appraisal guidelines of FtRREA. Stephen D. Shaw made a personal inspection of the property that is the subject of this report. No one provided significant professional assistance to Stephen D. Shaw, and only he is signing this report. The use of this report is subject to the requirements of the State of Florida relating to review by the Flodda Real Estate Appraisal Board. I certify that, to the best of my knowledge and belief, the reported analyses, opinlons and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. 13. This appraisal assignment was not based on a requested m,nimum valuation, a specific valuation, or the approval of a loan. Callaway & Price, Inc. 2 11'. 12. certify that the use of this-report is subject to the requirements of tt)e Appra sa 'institute relating to review by its duly authorized represer~tatives As of the date of this report, Stephen D. Shaw MA, nas i:omPleted 'the requirements under the continuing education program of the ABpra~sa nst tute "Steph, en D. Shaw, MAI ~ S~*-Ger~f~ed G~ne~l Appraiser RZ0001192 Callaway & Price, Inc. 3 L LIMITING CONDITIONS Unless o~herwse stated, the value appearing in this appraisal represents the opinion of the Market Value or the y'alue Defined AS OF THE DATE SPECIFIED. Marke{ Ya ue of real estate is affected by national and local economic conditions and consequently wilt vary ~vith future ~hanges in Such conditi0ns~ .The value estimated in; thj~.appraisaLrepo~ is gross, v~ithqut consideration given to any enCUmbrance, r~st~ ctio~ (~r qubst ~n eft tlC, unless ~pe;cifically defined. 3. ~Ehis eppFa,isa report covers ~!y~the p[ope[ty:desc,ribed and any,~/alues or rates u,ti ize~l ~re not to, be C0ns[ri. Jed as:,alp¢ica~)te to any oth~ prOPerty,, however ~-' s ~n far the proP,er[les might, be. ' t is assumed that the title to the premises is good; that the legal description is correct that the mpr~vements, are entirely and correctly located on the property described an,d that ~heie a~e np encroachments on this property, but no ¢nves.~ig~tion or Su~ey ~a~ been made. This ~appraisal exp[esse~ ou[ op n on and emp oyment to ,rnal~e this appra sa w~s ;in :no Way'c~'ntin~ent: ~o~ 'the reporting of PredeterFnine~t va:lue or conclusion. No respons b ty is.assumed for matters egal n nature nor Js ar~y opinion of title rendered. In the performance of our investigation and analys~s .leading to the conclusions reached herein, the statements of Others were relied on. No liability s assumed for the corractne, ss ,of tl~ese s:~.atements; and in any event, the appraisers tota I abd~ty f~r th~sr.e,p~rt ~s,hm~ted to the actual fee charged. Neither a Inor any part of the contont~ ,of this report (especially any conclusions, the ~en[ity Of th~ appraiser drthe fl~'¢ With which he is Connectbd, or any refer- ence~to the Appra~_ sa nstitute, or,:an: y of, ts des, gnat ons) sha, be d ssem, hated to the public through advedis ng', .rr~edia. public relations media, nears media, sales medi~ or any o:~her public ~ans o~ Communication without our prior written consent and approval. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. The appraiser assumes no responsibility for such conditions or the engineering which might be required to discover these factors. Callaway & Price, Inc. Unless otherwise stated in this report, the existence of hazardous'substances, "nitation asl on the to test ~hem. 10. Act. If so 11. 'Fills value is t than 1992. reveal of the by the S used to the ead or Callaway & Price, Inc. LOOKING EAST AT SUBJECT LOOKING EAST:AT SUBJECT Callaway & Price, Inc. 7 GENERAL INFORMATION Purpose, Date and Intended Use of Appraisal The purpose of this investigation and analysis was to estimate the Market Value of the Fee Simple .Estate of the Subject Property, ,as of April 29, 1999 n addition we w a so estima'ie the proposed park fee which, according to the Boynton Beach Depar[ment of Engineering, is equal to the Market Value' of 1.35 acres of the SUlSje~t site. The intended use of. this appraisa is for interna ~purposes Market Value ~Section 1110 of Financial Institutions Reform, Recovery, and Enforcement Act's (FIR.REA) instructions to the Office of Thrift Supervision uses the definition of Market Value below' as developed by the Federa Natonal Mortgage Ass.qciation and t_h,e Federal Home Loan Mortgage Corporat on, and adopted by the Appraisal Foundation s Uniform Standards of PrOfessional Appraisal Practice° "The most probable price which a property should bring in a competitive and open market under all conditions requisite: to a fair sale, the buyer and seller, each acting prudently, knowledgeab y and assuming the pdce is not affected by undue stimulus. Implicit in this definition is the Consummation of a sale as of a specified date and the ~assing of t t e from seller tO buyer under conditions whereby: a. buyer and seller are typically motivated; b. both parties are well informed or well advised, and acting in what they consider their own best interests; c. a reasonable time is allowed for exposure in the open market; d. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; anld the price represents the normal consideration for the property sold unaffected by specfal or creative financing or sales concessions granted by anyone associated with the sale." Callaway & Price, Inc. 8 Interest Appraised The interest appra sed here n sthe Fee Simple Estate of the Subject Property. Fee S~mple Estate The Dictionary of Real Estate Appraisal, Third Edition 1~993, by the Appraisal InstitUte, defines Fee Simple Estate on @age 140 as foilo~vs; ' Abso ute ownersb p un,encumbered by any other interest or estate subject on~y to the limitations imposed by the g0vernniCnta powers of.ta~(ati0n eminent.domain, -' police power, and escheat." Leqal' Descripti~)n . ~ _engthy Lega: See Addenda Callaway & Price, Inc. 9 PROPERTY DATA Location The Subject Property is located on the east side of U.S. Highway 1, approximately 1/3 mile south of N.E. 22n' Avenue, in Boynton Beach, Florida. Zoninq The Subject is zoned R-3. Residential Duplex (10.8 Density Max), and C-3, Commemial Community, by the City of Boynton Beach Residenta-~ses which follow the R-3 ~uidelines are permitted under thc C-3 district. The Subject site contains a. total of ¢.13 acres. Of the total site approximately 11.10 acres is considered uplands and 6.03.'acres is. submerged land/mangroVes., The City of Boynton Beach Panning end Zoning Department a~pProved the Subject;:~.ite for a totai of 180 units wh ch indicates a density of 10.51 Qnits Pe¢ acre based oni~e total site ~ze of 17,13 acres; :Therefore, for development purposes, the City of :Boynton Beach recognized the Subject as a 17.13 acre site and not a 11.10 acre site (uplands only). The Subject as proposed conforms to the current zoning requirements. Land Use Plan The Comprehensive Land Use Plan by the city of Boynton Beach indicates that the Subject Property is designated HDR, High Density Residential (Max 10~8 Du/acre) and LRC, Limited' Retail Commercial. Residential uses are permitted under the commercial designation. Since the Subject sitewas recognized as a 17.13 acre site by the City of B0ynt0n Beach,.the proposed density of 10.51 units per acre conforms to the Land Use designation. Site Size, Shape and Access The Subject Property ~s irregular in shape and contains a total of 17.13 acres, t has direct frontage along the northerly right-of-way of U.S. Highway 1 as well as approximately 840 feet of intracoastal frontage. Access to the site is available from U.S. Highway 1. =-asements/Riqht-of Way We are not aware of any easements which negatively affect the Subject. Callaway & Price, Inc. 10 Utilities Water and sewer lines for the Subject Property are provided by the city Of Boynton Beach, Florida Power & Light provides electricity, and telephone services are provided by Southern Betl. Topoqraphy The Subject ste appears level and approximately at street grade, with no apparent d ra nage problems at the f~me of inspection, ~ _ - Rroperc¢ History The 'Subject Property is.'.currently under t~e,ownership of Olen Residential Real~y C0rp;ora'(iPn,' ?he.Site Was purcl}ased in ,two separate transactions.. Thelsellers AJ ~n,qo[pora~ed. and I~.w;,B~e~r), ,n:vestments., T~l~ere ,were no Other arms-!eng,th tran~Cti~,ns ir~v0M,ng (h~.$,,u, lbje~ ~s Jar aswe ~buld determine., Census 'Fdact The Subject Property lies within Census Tract 57.02. Flood Hazard Zone The Subject Property lies within Flood Zones "A7" and "C", according to the Flood Insurance Rate MaP (Panel Number 1'20196 0004 C) prepared for the National Flood lnsuCance Program of the U.S Department of Housing and Urban Developr~ent (H,U:D,.); FlOod zone "A7" indicates areas of 100-year flood; base flood elevations and flood hazard factors determined..Flood Zone "C" indicates areas of minimal flooding. Callaway & Price, Inc. 11 Assessed Value and Taxes - 1998 The total assessed value and taxes for the Subject Property for1998 were as follows: S U BJ ECT TAXES - 1998 FOLIO NUMBER 08-43-45-22-04-000-0010 08.43-45~2-04-000-0291 08.43-45-22-04-000-0390 08.43.45-15-05-000-0171 08.43.45-15-03-000-0181 08-43-45-15-00-000-7010 LAND BUILDING TOTAL ASSESSMENT ASSESSMENT ASSESSMENT TAXES $634,200 $0 $634,200 $15,881.20 $296.000 $0 $296.000 $7,412.23 $76.000 $9.614 $85,614 $2, I43.87 $152,139 $0 ~J;152,139 $3,809.76 $11 t .813 $0 $111.813 $2.799,94 $1.071 $0 $1.071 $26.82 TOTALS $1.271.223 $9.614 $1.280.837 $32.073.82 Concurrency In 1985, the Florida Leaislature enacted the LOcal Government ,Comprehensive 163, Part II. Florida Statutes), Planning and Land Development Regional Act (Chapter commonly referred to as 'q'he Growth Management Act". Pursuant to Section 163.3177(10)(h), F.S. Iit is the intent of the Legislature that ~ublic facilities and services needed to support de.velopment shall be available concurrent with the ~mpacts of such development. From tihls statement, the term co~ncurrenc~ was derived, and is commonly used to refer to th~ above act and its requirements. The basis of the concurrency concept is Rule 9J-5.0055 of the Florida Administrative Code, which states that: "To ensure that facilities and service~ needed to support development are available concurrent with the impacts of/such development, a local government must adopt a concurrency managemer~t system. Prior to the issuance of a development order or development per~!t, the concurrency manageF~ent system must ensure that the adopted level o~ service standards required for roads potable water sanitary sewer solid was~te, drainage parks and recreation and mass transit, if applicable, will be mainta ned." The Subject is currently approved for development of 180 apartment units and is not negatively affected by concurrency. Callaway & Price, Inco 12 HIGHEST AND BEST USE The Dictionary of Real Estate Appraisal T~hird Edition 1993, by the Appraisa Institute defines Highest and Best Use on page i'71 as follows: ' ' "The reasonably probable and legal use of vacant land or an improved property which is physically possib e, appropr~tely supported~ financially feasible, an~ that results in the highest va u'e:. The ~u~,,cri'~eria tb~ ~qig~st and be:st use must meet are eg~l. p,ermissil~il{~ty,;- physical pos~ibi[:~Y,~fi~.anciai fea~ibil!;,,t~,';ahd maximum profitability," . ConclusiOn _ In our opinion, the Highest and B~st Use of the~,Subject Property as or,the appraisal date was for multi-family residentiat~ development; The reasons~for this conclusion are as follows: 1. The site is zoned for multi-family use based on the existing zoning and land u, se plan for the City of Boynton Beach. ,T"ne Subject is approved for 180 b'nits which indicates a density of 10.51 units per acre, The site is contains 17.13 acres and is physically suited for this type of developmen{. While the section of this Site fronting U.So Highway 1 is zoned for commercial use and would also physically be a good location for commercial development, the logical choi~;e for development of the entire site Would be with'a multi-family ~roject. Of those uses which are both legally permissible and physically possible, it is our opinion that it could be financially feasible to build a multi-family development at this time. Demand for both apartment rentals and townhome type developme qts is strong at this time, with new developments meeting with success. 4, This use maximizes the site given its physical constraints and would be the most maximally productive use of the Site. VALUATION Callaway & Price, Inc. 13 ~ .VALUATION Preface to Value\Scope of the Assi.qnment In order to estimate the Market Value of the Subject, three conventional approaches to value were considered. These are the Cost, Sales Comparison and Income Capitalization Approaches. The Cost Approach has as its premise the valuation of the. site by direct comparison with sim lar Sites that have recently sold plus the radd[tiOn of the depreciated cost to replace the. improvements. -the Cost Ap?ouch requires :e'.~ mat nglthe reproduction or ,eplacement cost new of all ..the ~mPro~/ements including an ailowance for ~htrepreneuria profit The appraiser must theg deduct ali forms of depreciation that have accrued against the property in order tO rbach a value indicati0nby this app~-oach. G vbn the f~ct {hat the Subject is vaCa'nt and, We ha~e not performed a Cost Approach. The Sales Comparison Approach has as its premise a comparison of the Subject Property with other similar ~ites that have sold in the recent past. To indicate a value for the Subject Prope~y, adjustments .a~e made to' the c. omParables for differences from the Subject. Typical adjust~r~ts~ ar~ for'fjnar~igg~i~time, location, comer influence, zoni:ng ~.nd approvals. The more ~sir~i ar a c~)m~sie sale is to the Subject, the fewer and smaller the adjustments ~ill be and the more.reliable the value conclusiom The Income Ca9italization Approach, as used for investment properties, has as its premise the estimation of the amount of net income, which when capitalized in a manner that is commensurate with its risk, will indicate the present value of the income stream. Conside ring that the site, is vacant and not an income producing project, this approach was not used. Considering that the only applicable approach is the Sales Con; panson Approach, our Market Value estimate will be based on this methodology. Data Sources In the performance of this appraisal, data was collected from a variety of sources including, REDI, ISC, the' Public Records, and various sources noted throughout this report. The different publications utilized and persons and titles of persons contacted are listed along with the information given w~thin this appraisal. Callaway & Price, Inc. 14 Confirmation of all sales used within this appraisal was. made by' .contacting local brokers, investors, owners and through physical'inspectiOn. COnfir~na;dOns Were with ~uyers, sellers, property managers, brokers, or attorneys involved with or who had knowledge of the transaction or leasing information. This information is retained in our files and available if necessary. Callaway & Price, Inc. 15 ~ SAI.:ES COMPARISON APPROACH PrefaCe The Dictionary of Real Estate Appraisal, Third Edition 1993, by the Appraisal I'nstitute defines Sales Comparison Approach on pa. ge 318 as follows: "A set of procedures in which a value indication is derived by comparing the '-: property being appraised to similar properties tha.~ 'have been sold recently,-' aPplyin~ appropriate units of comparison,, and m:4ki~g adjustments to the sale; ¢ prices of :the Comparabtes based on the elements ~ co~npa¢i~cm, The sales comparison approach may be,used to value improved properties ~vacar~t land, or and being cons doted as though vacant it is the mo, st common'and preferrec~: · method of land valuabon when comparable sales data are aval able. - In order to estimate the Market Value of the Subject Property utiliz!ng this approach to value, it was necessary to abstract and analyze sales of vacant sites considered similar to the Subject. These sales were compared to the Subject on a price per unit basis as this is the methodology relied u 2onby buyer's and seller's:of multi-family land. - Callaway & Price, Inc, 16 Discussion of Vacant Land Sales _In order to estimate the Market Value of the Subject site, a search was made for sales of similar multi-family tand. Five comparables, including the recent sale of theSubject, which were the most comparable, have been summarized in chart form on the facing page.- The Subject recently sold for $1,890,000 or $10,500 per unit. The saJes were analyzed on a price, per:.un t bas s, On an unadjusted basis; the sales ranged from $10,223 to.,$11 868 per un L AJ 'of the comparab es were cons dered w th regard to property :nghts appraised, f~nancmg, conditions Of sale time or market conditions. Ioca;don, sizel site quality, density arid zoning. -- . -~']~he sales all sold withfu[t p~'operty r ghts and their 'financing did not impact their sales prices. The sales, were all exposed to market participants for a reasonable period of time and th 9refore no adjustments were rea aired for conditions of sale. We then made comparisons between the sales in order to abstract an adjustment for time. Sate 5 sold in November 1996, Since that time market, conditions for vacant multi-family sites have improved. Based ~,n this we have adjusted: this sale upward for the inferior market conditions which existed atthe time of its sale. :The remaining sales were considered to reflect current market conditions. With respect to Iocation~ Sate 2 was. cons~idered inferior to the Subjegt based on the amount of surroanding development, anUi.it ~was adjusted upward for this factor. The rema~mng sales were .et~ar IocatedJ ,in ,h!gh growth residential areas or had waterfrentage and were considered sirnila~.to {be Subject n terms of ocation. The comparab[es ranged in size [rom 5,71 acCes to 37.60 acres, :Typica y smaller sites will sell for more on: a pe~r Linit basis !than ~similar larger sites i due [to economies of scale and the fact that there is a lar. ger m~'ket, for smaller parcels. Comparable 5 was smaller thanthe Subject; and Was a~juste,di,upWard for this factor. The reman ng sales were considered similar ~ith r~spect io ~ize. - The Subject,Property has an indicated degsity o[ 10.51 units per acre based on a total site of 17.13 units per acre. While the uplands portion of the Subjebt is only 11 10 acres, the City of Boynt0n Beach recognized the Subject as a 17.13acre site in'its approval of the number of units and the corresponding.density is therefore calculated by this method. The comparables densities ranged from 8.48 to 15.42 units per acre. While sites with lower densitieS will often sell for more on a unit basis than similar sites with higher densities, we could find no evidence to support a density adjustment and therefore none was made. Callaway & Price, Inc. 17 ~_~ The sales were considered similar to the Subject in terms of site quality and all other factors and no further adjustments were made. Conclusion After adjustments,: the sales ranged from $10,500 to $11 868 per unit, with an average indication of $11,246 per acre. Therefore, considering the above analysis and taking -?SUbJe~b'has~:i~d~va ~';6¢~$~d~2~; ~e~ ~o{t, ~T~i~ wou d ihSie~ Market ~--.~ ~ 80 units @ $11,250~unit = $2.025,000 Park Fee Estimate As discussed, we~will also estimate the proposed park fee for the Subject. According to the Boynton:Beaoh Department of Engineering, the park fee is equalto the Market Value of 1.35 acre~ of the Subject site. The Subject site contains a total of 17.13 acres. Of the total site approximately 11.10 acres is considered uplands and 6,03 acres ~s submerged land/mangroves. The City of Boynton Beach Planning and Zoning Department appro~edthe Subject site, for.a total of 180 units which indicates a density of 10..51 units per:acre based on. the total site size ef 17.13 acres. Therefore, for development, purp~)ses, the City of Boynton Beach-recognized the Subject as a 17.13 acre site and :not,a 1.1.10 acre site (uplands only). Had the site been analyzed by the City as a 11.10 acre site (uplands only), the corresponding density for the 180 units would have been -16.22 units per acre. This far exceeds the maximum allowable density (10.8 ,ur~its .pe~ acre)according to the Zoning and Land Use ordinances of the City. Therefore;'for ouranalysiswe a density of ;10.51 units peracre is logical since the project has been approved at this density. Therefore, the total number of units allocated to a 1.35 acre portion of the Sub.ect site would be 14.19 .units (1.35 acres x 10.51 units per acre = 14.19 units). In our opinion, the estimated park fee for the Subject should be:$159,621 calculated as follows: 14.19 units @ $11,250/unit = $159,621 ADDENDA The South 157.37' of the Noah 314.74' of Governmemt Lot 2~ lying East of Flofida East Coast right- of-way and U.S. HighwayNo. 1 right-of-way, and LESS the North 137.37' of the West 300' of the bore described property in Section 22, Township 45 South, Range 43 East, LAKE VII'.TAGE, City eoBo o., in_g to theP P atBo0k2 . e P unty l~uollo l~ecoros. AND a tract ~.~ :. t o~.~. ....... g . ahn Beach . · ----~,,,~. woaam ~eonun 22, To~atnship 45 South, Range .43 East, PaimBe~eh County, Floficta, more particularly dascribed as follows: BEGINNING at the mtersectior and the easterly fight_of. Way line Of State Road No. 5 Beach in Plat B001/21, Pi~e 18, Palm the Sou~ line ~f said Lake of point a'central angle of the That ce~:~.ab, pm,'*, oft.he Sou~ half(S ½) -t' r_..,,. ...... ~,, ',Jla ~N~m~ ~ 14. t,, feet o~- ~-overnment Lot Two (2) in Sea:~ion 22, TownsMp 45 South, Range 43 Ha~ lying and being East of the F.KC. Railway right-of- way ~nd moro panitm{arly d~bed as folIow~: Beginning at &monum .em onthe East lineoftheU. S. HighwayNO. 1 as originally located ~d at the inte~tyz*_jon thereof with ~e North line of said Se. cfio.n 2:2, which monument is 4[72.84 feet East of the Northwest com~- ofsald Section 22; Thenc, running Southe~.ly along th~ Ea.~t boundary llne of said U.S. Hi'ghway No. 1, a distance of 1 ~77 feet to a point, wh/ch is the poiitt ofbesinn/ng; Thence running Southerly along the Bast boundary t/ne of U.S. Highway No. 1, as originally located, a distance of 13g.59 fe~ to a point; Thence rum6ng Hast on a line parallel to tho North boundary line ~hf, cs~S .?0n 22,.a dis _.t~nc.e. of 300 feet to a point} Thence runn/ng Noahedy on a line paralld to t ~e ~,.f said U,;S.r H!.~h~w.a¥ ,No. 1, .a dis.trace of 138.59 f~ to a p0inl; Thence running westbay on a line parallel to the North boundary line of said Section 22, to tho Point of Beginning. Tho fore~oin~ de~ribed premises beln~ the West 300 feet, l¥in~ East ofU S Itivhw~, ~, ~ oo n~nally locatc~ o.fthe N..orth. 137.37 fe~ ofthe South t57.37 feet to the No~h 314.74 feet of 45 South of , ge 4S.S.t, l .g S,t of the l~auway right-ox-way; Ll~S$~the additional dEbt-of-way for/~J.S. Highway No. l) (S.tL No. 5), as shown on Road PlaI Book 3, on Page 12, Public Records o£Palm Beach County, Florid~ Also des~bext as all or a portion'of'. Lots 39 to 41, indusive and't% =~. oo ~ ~_ ....... 43 and Lots 44 to 46, inclusive, less the South 20 f~et ofLake V'fllage, Plat Book 21, Page 18. LESS,: That portion Conveyed to State ofFlor/cla in~$neciai Warrant, D~-~ ~=*--~ -* ........ l~ot m omc. iai Records Book 657, pate $24, Publf0Racords ofPaim Beai:h County, Florida. 05/20/S8 TS[T3 15:40 05/20/9~ ~ 15:&2 F...L.~ ~OOg EX'JlBiT "A" JR 'S feet; then¢~ Wes thenc hereia East. a distot~ce of 49.0 00'00" fo 16 thence 16' 00'00", ~ curvature of 65.64 feet; 11249 leer Page 1 of 3 paga$ rth~esterly the $outhvest. the p~int of the the 08,20/95 '!'~rU 15:43 F.L/. -- - ~OlO rom the So~ *- - feet t, AJSo~ Nor ,5 of ~age 2 of 3 pages Callaway & Price, Inc. QUALIFICATIONS - STEPHEN D. SHAW, MAI Professional Desic~nations\Licenses\Cert fications Member, Appraisal-Institute,. MAI Desig nation ¢10461 Florida State-Certified Genera 'Al~prai~er RZ000i i 92 Florida State Licensed Real Estate Salesman 0495422 Professional Experience Principal, Callaway & Price Inc., since January 1999 Senior Ap pra[sal Consultant, Callaway &Price, Inc., since July 1997- Becember 1998 Appraisal Consultant, Callaway & Price, lnc,, since April 1994 Associate Appraiser, Pinel & Carpenter, Inc., Orlando, April 1992 - MarCh 1994 ~4)S praiser/Researcher, Callaway &-Pdce, Inc., September 1987 - March 1992 pecial Master, Tax Appeal Hear ngs, 1996 - Education Bachelor of Science Degree, Business Administration, Major in Real Estate and Finance, University. of Flodda Appraisal Institute: Course 101 - An Introduction to Appraising Real Property, 1992 Course 201 - Principles of Income Producing Properties, 1991 Course 2-1 - Case Studies in Real Estate Valuation, 1992 Course 540 - Report Wdting and Valuation Analysis, 1993 Course 2-3 - Standards of Professional Practice Parts A & B, 1991 Numerous seminars sponsored by the Appraisal Institute Appraisinq\Consultinq Expertise Acreage ACLFs Apartment Complexes Automotive Service Facilities Bowling Alleys Commercial Buildings Condominium Projects Eminent Domain Golf Courses Hotels Marinas Mini-Warehouses Office Buildings Office/Warehouses Retail Buildings Restaurants Special Purpose Properties Shopping Centers Vacant Commercial Land Vacant Industrial Land Vacant Multifamily Pods Vacant Residential Land Vacant Single-Family Subdivisions Warehouses Or~anizationsand Affi atons Appraisal Institute Experience Review Committee Ethics & Counseling Committee C.__allaway & Price, Inc. _QUALIFICATIONS - MICHAEL R SLADE~ MAI, SRA1 CRE professional. Des qnations\L censes\Certifi?at OhS Flodda State-Certified General Real Estate Broker BK0t28222., Appraisal Institute Approved Instructor (1986-1993) for. Course 1984-1995 & 1998 Qualified As An Expert ~tness. Broward County, Flodda Palm Beach CoUnty, Florida Martin County; Florida Federal District Court of Southern District of Florida United States Bankruptcy Court Southern Flodda Geoqraphic Experience Throughout Florida Education Masters of Business Administration, Flodda Atlantic University Bachelor of Science, Accounting, Flodda Atlantic University Society of Real Estate Appraisers: Course 101 - introduction to Appraising Real Estate Course 201 - Principles of Income Property Appraising Course 202 - Advanced Applications American Institute of Real Estate Appraisers: Course 11 - Urban Properties Course IV - Condemnation Standards of Professional Practice Numerous seminars sponsored by the Appraisal Institute and other organizations Callaway & Price, Inc. QUALIFICATIONS - MICHAEL R. SLADE - Continued Orc~anizations and Affiliations Appraisal Institute: National Chairman of Ethics Administration, 1999 National Vice Chairman of Ethics & Counseling, 1999 Review & Counseling Division, Past National Chairman South Florida-Caribbean Chapter, Past President American Society of Rea~ Estate Counselors: Southern Florida Chapter, past Treasurer Urban Land Institute, Member Palm Beach,County Housing Authority: : ~B._.oard Member (GubernatOrial Appointment) C~mber Of Commerce of the Palm Beaches: Board of Directors ECenomic Development Committee, Member Society of~ Real Estate Appraisers (now Appraisal Institute): YoUng Advisory Council, Past Chairman Requested Ci~ Commission Meeting Dates [] March 2L 2000 [] April 4, 2000 [] April 18,2000 [] May 2, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI. Date Final Form Mmst be Turned Requested City Commtsston in to City Clerk's Office Meeting Dates March8.2000 (5:00p.m.) [] Mayl6,2000 March 22, 2000 (5:00 p.m.) [] June 6. 2000 April 5, 2000 (5:00 p.m.) [] June 20, 2000 April 19, 2000 (5:00 p.m.) [] July 5, 2000 [] Administrative [] [] Consent Agenda [] [] Bids [] [] Aimouncement [] Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m-} May 17, 2000 (5:00 p;m.) June 7, 2000 (5:00 p.m.) lune 21, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation LEGAL D. 3 RECOMMENDATION:: Please place the request below on the March 21, 2000 City Commission agenda under Legal - Ordinance, Third Reading. As you may recall, at the Febrnar-j 29, 2000 City Commission meeting the reques~ to amend the previously approved PID master plan in connect/on with an amendment to the DRI as listed below. Staffrecommends this request be approve& EXPLANATION: QUANTUM CORPORATE PARK DRI AMENDMENT #10 PROJECT: AGENT: Winston Lee & Associates, [nc LOCATION: Quantum Park DESCRIPTION: Request m amend the previously approved PID master plan in connection with an amendment to the Dill as follows: Change the master plan land use designation of lots 3 and 6 from Office/Industrial to Industrial Use: lots 39 and 40 from Office/Industrial to Governmental and Institutional Use; lot 50B from Office/Industrial to Industrial; lots 59, 60 61, and 62 from Office/Industrial to Mixed Use; lots 63, 64, 65A. 65B, 66, 67A, 67B and 67C from Office/Industrial/Commercial to Mixed Use; lots 76, 81 and 82 from Office/Industrial re Office/Industrial/Commemial Use: lots 83. 84, 85, 86, 87 and 88 from Office/Industrial/Attraction and Recreation to Mixed Use; and lot 91 from Office/Industrial/Commercial to Attraction and Recreation Use. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A D epar tm en~' o f D~'~l~pm-en'~'lYrmct or Planning and Zo}iing Director Ci~ ~ana-ger's-Siinamre City Attorney Finance 1 Huraan Resources CONSU [Transportation-Planners and Engineers 2324 South ( Suite 1H West Palm Beach, FL 334C/''-'~'- [56t) 434-J644 F~x 434-'1 $(~.~ ~. Email: Dindert rou tman@msn.com March 3.2000 Mr. Gus Schmidt FDOT, District 4 34.00 W. Comme~rcial Bou evard Ft. LauderS~16~ ~ 33309 Re: Quantum Park NOPC- #PTC00-06 Dear Mr. Schmidt: The following reformation responds to a comment in your letter of Februar),. 28, 2000 regarding the trip §eneration data for the above referenced project. The trip generation rate for the Auto Dealership use is a special rate applied to CarMax. This rate was first used i,n, a report dated A~rl 9 1996, that presented an analysis, of H gh R dge Road and Gateway Boui'e~ardl For your info~mation, I have att'ached a page from that report which discusses the daily trip generation rate of 23.0 trips/I,000 SF GFA. As you stated, use of the IT£, 6t~ Edition daily rate does not change the resultS of our study If tou have any questions please do not hesitate to contact this office. Very truly yours~ -- ///Kahart M. Pinder, AICP Principal CC: Bill Cross Annette Lapkowski Jim Snyder Mark Lippert Eugene Gerlica Doug Mac Donald PROJECT TRAEFIC VOLUMES An trip generation analysis of the potential trips generated by the properties located to the south of the intersection of Gateway Boulevard and High Ridge Ro~)d was then performed. This analysts was performed generally using the S('h Edition ITE Trio Generation Manual The analysis updates the 1984 ADA, to include the proposed CarMax Site, the high school and the inclusion of lots 80, 8~i, and 82. Table 2 demonstrates the probable trip generation and directional distribution for the progosed land us~s for the PM'pe,~k hour. The trip generatloq..for the CarMax site was based_upon trip generation research for a CarMax site in Orlando, conducted by Kimley-Hom and Associates, Inc. and approved by the City of Orlando. Presently, the ITE Trio Generation Manual Sth Edil~iC)n recommends a daily trip generation rate for ne,e.~ car sales of 47.91 trips per 1000 square feet of gross floor area. Due to the small sample size (3 sites) ITE recommends using this number with caution, as the three sites provided a range of 15.64. to 79.96 trips/'J 00 SF GFA. For the proposed CarMax location in Orlando, Kimley-Horn used a rate oic 23.Otrips/'J000 SF GF^. This trip generation rate was developed based upon observations of the trip generation ~haracteristJcs of a similar facility. Several d&ys of counts at this location demonstrated that approximately 12.percent of the daily trips occur during the PM peak. I:rom this a trip generation rate of 2.75 trips/1000 SF GF/~ during the PM peak was used for analysis. This is consistent with a previous study of ~i S new car dealerships~.which returned an average of 2.40/1000 SI: GF,~ in the PM peak. This number [~ more conservative for the CarM~ site as the dealership only s';ils used cars and does not pro~ide maintenan~:e service to the general public, only to its customers. Thus, CarMa× is likely to §enerate at a rate below those of new car dealerships. It is further noted that in comparison to the previously proposed land uses where the ClrMax site will be located, the CarMax has a favorable trip generation rate. The balance of the undeveloped sites were generated very codservatively on an individual basis. It is likely, that as development occurs, sites will be aggregated such that the actual trip generation will be lower. By using the conservative rates, however, maximum assurance is provided relative to .the adequacy of access while providing ~exibility in the future development plan. In essence, any development program whicJ~ generated no more than 1935 PM peak hour trips can have adequate access via the High Ridge Road intersection. -- Trio Assil~n men( The traffic assignment pattern was based upon the ADA with consideration of trends since the ADA. was prepared. The ADA showed a traffic assignment of travel to and from Park Ridge Boulevard as being 31 percent to and from ~he west, 22 percent to and from the north, and 47 percent to and from the east. To be conservative, the distribution to and from ~he east was increased to 60 percent -3- Requested City Commission Meeting Dates [] Marcia 21. 2000 April 4, 2000 [] April i8,2000 [] May 2. 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL ITEN D.$.a ITEM D..3. b Date Final Form Must be Turned in to City Clerk's Office Marck 8, 2000 (5:00 p,m.) March 22, 2000 (5:00 p.m.) Apffi 5, 2000 (5:00 p.nm) April 19, 2000 (5:00 p.m5) [] July 5, 2000 Requested Ci~ Commission Meeting Dates [] May 16, 2000 [] June 6, 2000 [] lune 20. 2000 [] Administrative [] [] Consent Agenda [] [] Bids [] [] ~amouncement [] Date Final Form Musl be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7. 2000 (5:00 p.m.) June 21,.2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place the request below on the March 21, 2000, City Commissionagenda under Legal- Ordinance, Second Reading. As you may recall at tho February 29, 2000 City Commission meeting ~e request to amend Chapter 2, Zoning, Sectibn 7.E. and 7.F. to allow residential, attraction, recreation and mixed uses (Residential/Commercial) within a Planned Industrial Development Zoning that totals a minimum of 500 acres was approved. Staff recommends this request be approved. EXPLANATION: RESIDENTIAL, ATTRACTION, RECREATIONAL AND MIXED USES ~q THE PID ZONING DISTRICT Agent: Winston Lee & Associates, Inc. Description: Request to amend Chapter 2, Zoning, Section 7.E. and 7.F. to allow residential, artrac~on, recreation and mixed uses (Residential/Commercial) within a Planned Industrial Development Zoning tha~ totals a minimum of 500 PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A DepaVml~t 6f DgveT6pnien'[D~ector Pl~g ~d Zon~g~Dkector /CCit~ Managei's S~gna~tre City Attorney / Finance / Human Resources NOTICE OF PUBLIC HEARING FOR A NOTICE.IS FIERJEBY GIVEN that the City Commission of TIlE CITY OF BOYNTON BEACH,~ FLORIDA, will comJuct a ~P~. bti~:~Headn at ~:00**P~ ' ' ag~n~ pemits on ~T~day, M~ch gt'~ 20o~o~eCi~:H~Commis~n:Ch~be~, 10o ~st me mllowmg oraln~ces: OF' NO )F ,t PROVIDING FOR A DEVELOPMENT AND AMENDED IN AND 99-05 380.06, FLORIDA DATE. REQUEST: SUCH 1; 86~,11, PURPOSES OF PROVIDING AN EFFECTIVE Notice of Proposed Change (NOPC) Q~AN.TU~ ~,PARK,AT~OYNTON BEACH ' Cci~ipreheii~ive D~v~lo~6iffeht 6~R~ional Impact LEGAL: Complete legal description on file in the Planning and Zoning Division, 100 East Boynton Beach Boulevard, Boynt0n Beach, Florida. PROPOSED CHANGES: I)--~ Change in the master plan designation of lots 3 and 6 from Oftiee/Industrial to Industrial use; 2) ' Change in the master plan designation of lots 39 and 40 from ,i ~Offi?/industrial to Governmental a~d Institutional use; ' J) ' "iCi~ahg~ in the master plan designation of 10t 50B from Office/Industrial to Industrial 4) Change in the master plan designation of lots 59~ 60, 61, and 62 from Office/Indus~ial to Mixed Use; 5) Cha~g~ ih th~'master plan designation of lots 63, 64 '65A 65B, 66, 67A, 67B2 and 6'~Q from O{tiee/ind~strial/Commercial to Mixed Use: 6) Change in the master-plan designation of lots 76, 81, 82 from Office/Industrial to Office/Industrial/Commercial use; 7) Change in the master pian de§ignation, of lots 83, 84, 85, 86, 87, and 88 from Office/industrial/attrac~'~t-and Recreation to Mixed Use. APPLICANT: MFT Development, ORDINANCE NO. 000-03 AN ORDINANCE OF THE CITY COMMISSION OF THE ~CITY OF BOYNTON BEACH, FLORIDA AMENDING LA1''ID DEVELOPIVlENT REGULATIONS, 'CHAPTER"r~ 2. ZONING, BY AMENDING SECTION T~E. USES PERMITTED TO AEI.OW RECREATIONAL AND ATTRACTIONS AS DEFINED FOR THE INDUSTRIAL LAND USE CLASSIFICATION, MULTI-FAMILY RESIDENTIAL :AND MIXED USE RESIDENTIAL/COMMERCIAL USES IN P.I.D.S TOTAEING A ~ OF 500 ACRES; BY AME ',NDING SECTION 7 F.1. USES PROHIBITED .'TO EXCLUDE MULTI-FAMILY FROM PROHIBITED USES; PROVIDING FOR-cODIFICATION, CONFLICTS, SEVERAB}E/TYi AND Alq ]~FFECTIVE DATE. APPLtCAxNrr: MFT Development Inc. The area hffected by these ordinances is depicted in the map shown below: (INSERT MAP) A copy of these applications and corresponding legat-'description are available for review in the Plan~[ng and zon]h~ Division, Monday through Friday, 8:00 ~.i~L to 5:30 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this:meeting will need a record of the proceedings and for such purpgse may need to ensure that a verbatim record of the proceedings is made, which record includes th~ testimony and evidence upon which the appeal is~to bebased. CIIY OF BOYNTON BEACH PLANNING AND ZONING DMSION (561) 742-6260 PUBLISH: Palm Beach Post March 16,'~"~00 N .k NI~J~ 3001W N¥330 Requested C~y Commission [] Mamh 2I, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM March 8, 2000 (5:00 p.m.) Maxch 22. 2000 (5:~ p.m.) April 5, 2000 (5:00 p_mO April 19, 2000 (5:00 pm.) Reque~ed C~O' Commission [] ~une 6, 2000 XII. UNFINISHED BUSINESS A. NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] NewBusmess [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOM~IENDATION: Motion to deny the pre-application received from Investment's Limited, d/b/a Yachtsman's Plaza for the Round III Development Regions Core Grant program. EXPLANATION: While Investment's Limited has met all of the minimum requirements to be considered for sponsorship in the Round III Development Regions Core Grant program, we have not been able to get an agreement with this firm to restrict the types of businesses located within their shopping plaza. The City does not have an absolute obligation to sponso[ any ,b, usiness that applies for this progra__~m. Based upon the lack of cooperation from Inve~stments Limited to restrict the type of businesses located within their property, it is recommended that the City deny sponsorship of their application for the Round Iii Development R~egions Core Grant program. PROGRAM IMPACT: Application should be rejected for sponsorship before the County. FISCAL IMPACT: Not applicable. S:~BULLET1N~FORMS~AGENDA ITEM REQUEST FORM. DOC CIT~ OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Grant approval of the application and submit it to Palm Beach County for consideration. Econom c Development Department Name City AttOrney / Finance / Human. Resources' S:~BLrLLETIIq~ORMS~GENDA ITEM REQUEST FORM.DOC 22,2000 ~5<00 p.m3 2000 (5~0~ p'~') ~9, 2000 L5'3)0 m,~v~,,~o 2000 (,5:00 l~- 2000 (5:00 lune ?, 2000 (5:00 ~he~ B~mesS o~e~ aud ~i~r~ Ba~us' late~ ~ of oeeC' ~dge. ~s a ~a ,dre theCi~ ~(ns {n the aloU~t~_~ the Ci~ ~o~- . ~equested City Commtssion Meefine Dates [] ~Ma~h 21, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must bo Turned, in to CiW CIerk's Office March 8. 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) April 5, 2000 (5:00 p.mo April 19, 2000 (5:00 p.m.) Requested City Commission Meetin~ Dates [~ May 16, 2000 [] June 6, 2000 [] June 20, 2000 [] July 5, 2000 XII. UNFINISHED BUS~NESS B. Date Final Form Must be Turned in to CiW Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p,m.) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UmSnishedBusiness [] Announcement [] Presentation RECOMMENDATION: Commission authorization for James Cherof, City Attorney and Wilfred Hawkins, Interim City Manager, to participate in a Conflict Resolution Conference with the Town of Ocean Ridge. EXPLANATION: The attached letter from the Town of Ocean Ridge initiates a mandatory/s tutory dispute resolution, process. For the Town of Ocean Ridge, it is a prerequisite to litigation to acquire t;t~ City's property· by enunent domain.. I am requesting. Commission. authorization to participate,, along with~ W'flfre~ Hawkins, in the ;~;~eadt;in°~t ~;tmr;;;~°n c°nfer ence' It is not mY recommandation that a member ofihe City Commission PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~-- ALTERNATIVES: N]A City Attorney's Office Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC XII. UNFINISHED BUSINES$~, B. GAJL ADAM~ ~V March,O, 2000 Mr. Wilfmd Hawkins, Acting City Manager City of B°ynton Beach 100 E. Boynton Beach Blvd. P.O. Box ~ 10 Boynton Beffeh, FL .33425-0310 VIA CERTIFIED 1VLAII RETURN RECEIPT ~REOUESTED Re: Boynton Beach to Town of Ocean Ridge Sale and Purchase Agreement Dear Mr. Hawkins: Enclosed please find a certified copy of Resolution No. 2000-06 of the Town Commission of the Town of Ocean Ridge initiating the conflict resolution procedures provided by Chapter 164, Florida Statutes. This resolution is being provided to you 'pursuant to the requirements of Section 164.1052(I) of the statute. The conflict that initiated the resolution arises out of the Sale and Purchase Agreement emered into between the ToWn and the City for the Town's purchase of City owned property to the north and s0Uth of the p]~esent Ocean Ridge Town Hall. Based on the To-~m's position that the City breached that agreement, the Town xs in a position of having to file a judicial action against the City for either breach of contract or ermnent domain to obtain its fights to the property. Since the Town is in a position of needing to initiate judicial action to secure its fights under the contract und/or to the property, the requirements of Chapter 164 are brought into play. We would propose th&date of March 24, 2000 at 10:00 a.m. as a date and time for the conflict assessment meeting to be held pursuant to Section 164.1053 and that it be held at the Ocean Ridge ComcnLqsion Chambers. We would suggest that the following officials be present at the meeting, keeping m mind that, at the very least, the meeting must be attended by the Town Manager and City Manager or their designees: Greg Dunham, Ocean Ridge Town Manager Kenneth KaleeL Ocean Ridge Commissioner Kermeth G. Spillias, Ocean Ridge Town Attorney Will, ed Hawkins; Boymon Beach Acting City Manager A representative of the City Commission James Cherof, Boynton Beach City Attorney RECEIVED ,'y ~A.,~A~£R ~ OFFICE. Page2: Letter to Wilfred Hawkins Please contact me at your earl/est convenience to confirm the date and time set forth above for ~h~e _c.o.~n,fl_.~ct ~.sess~.en, t mee~,ng o.r to .arrange another date and time an order that we may prepare "~pu°ncnotlcewmcnmust~egtvenlnaccordancewithSection ~ ~,,~,,,,, ~, . J u,,. ~ uo ~ t/I, monda Statutes. Sincerely, of Ocean Ridge Town Manager STATE OF FLORIDA ) COUNTY OF PALM BE~CH ) TOWN OF OCEAN RIDGE ) I, Lisa M. Herrmann, duly appointed and acting Depusy Clerk of the Town of Ocean Ridge, Florida, do hereby certify that the foregoing is a true and correc5 copy of the original instrumen5 described as Resolu5ion No. 2000-06 as contained in the official' records of the Town. Witness my hand and the Official Ridge this 10th day of March, 2000. Seal of ~hg,,,To.wn',,pf Ocean Deputy T :' : '~ ' ".~, / RESOLUTION 2000-06 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF OCEAN /N/TIATING THE CONFLICT CHAPTER I64, FLORIDA PRIOR TO INITIATING JUDICIAL THE CITY OF BOYNTON BEACH PROVIDING AN Beach; and, and south of the Ocean Ridge Town Ridge and, the City of Boynton Beach both passed their respective MaYors, or Vice Mayors to execute the the City of Boynton Beach, through the action of its City not to honor the terms and obligations of the sale and Ridge, by and through .its Town Attorney, notified the City City Attorney, that unless closing on the real estate ~; the Town of Ocean Ridge would pursue its property; and WHEREAS, the City of Boynton Beach failed and refused to close on the property by February 23, 2000; and ~it~ie, Chap~er 164, Florida Statutes, requires governmental entities' including againstmC~paimeS'other goVernr~nt~~t° engage in~ntities;pre-sUitandCOnflict resolution procedures before initiating litigation WHEREAS, the, To--remission of Ocean Ridge, Florida passed Resolution 99-07 on March 22, 1999, authorizing institution of eminent domain proceedings to obtain the subject property. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COM~vHSSgON OF THE TOWN OF OCEAN RIDGE, FLORIDA: Section 1. The contract for sale and purchase entered into between the Town of Ocean Ridge and the City of Boynton Beach for the property located north and south of the Ocean Ridge Town Hall owned by the City of Boynton Beach is declared to be binding, in full force and effect and in breach by the City of Boynton Beach. Section 2. The failure of the Cit3 ~ to hono~ the terms of the contract Town provided Town take therein. the ~se~on 6~ :esolutio~ shall take effect immediately upon ad6pti0n. ' *' G~iSsioner :~ B.~ ,oh~ offered moved :ils/ad~gtiom ~'I~ae motion was seconded by Commissioner and ~ and upon being put to a vote the vote was as follows':. GAlL ADAMS AASKOV, Mayor yea KENNETH M. KALEEL, Vice Mayor DIGBY C, BRIDGES, Commissioner ELISABETH P.B. BINGHAM, Commissioner JEFFREY B. WILLENS, Commissioner The Mayor tha, eUpon declared this Resolution approved and adOPted by the Town Commission of the Town of Ocean Ridge, Florida, this 6th day of March ,2000. TOWN OF OCEAN RIDGE, FLORIDA By: ~ ~Adams Aaskov, Mayor