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Agenda 11-06-01The City of 100 E. Boynton Beach Boulevard (561) 742-6000 City Commission AGENDA NOVEMBER 6. 2001 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner Distdct IV Kurt Bressner City Manager ;TRIC DISTRIC Visit our Web site~ www'ci'b°ynt°n-bea¢l'fl'us · WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLTC PARTLCIPAT~ON AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeUng. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of ~e Commission has first consented to the presentation for consideration and action. · Consent Agenda Items.--These are items which the Commission does not need to discuss individually and which are voted on as a group. Regular Agenda l~ems: These are items which the Commission will discuss individually in the order listed on the agenda. Voice Vote: A voice vote by the Commission indicates approval of the agenda it~ a regular voice vote with "Ayes & Nays" or by a roll call vote, SPEAKING AT COMMISSION MEEI~NGS: The public is encouraged to offer comment to the Commission at their meetings dud Audience, and on any regular agenda.item. City Commission meetings are business meetings and, as such, the Commission discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please the Public Card" and give it to the City Clerk at the lelt end of the dais before the meeting. As a general practice, comment cards will not be accepted alter presentat begun. · Public Hearings: Any citizen may speak on an official agenda item under ti Hearings=. · Public Audience: Any citizen may be heard concerning any matter within the = the Commission. Please use the yellow colored card for matters not listed o will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) a motion has been made and properly seconded. Please use the green colore¢ the agenda. The Hayor will call for speakers by name from the green cards pro~ ADDRESSING THE COMMTSSION: When your name is called, please step up to either podium and state, for the record DECORUM: Any person making impertinent or slanderous remarks or who becomes boiste~ Commission will be barred from further audience before the Commission by th permission to continue or again address the Commission is granted by the majori members present. Please turn off all pagers and cellular phones in the City Commiss~en Chambers Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambe~ Boulevard, Boynton Beach. All regular meetings are held typically on the first a~ month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meeting: Holidays/Election Day). m. This can be by either Public Hearings, Public retains the right to limit :omplete a "Comment by 'Openings" portion of the on of an agenda item has section entiUed "Public cope of the jurisdiction of the agenda. The Hayor isted on the agenda alter card for matters listed on Jded by the City Clerk. your name and address. ous while addressing the presiding office, r, unless vote of the Commission hile the City Commission s, 100 East Boynton Beach d third Tuesdays of every have been moved due to November 6, 2001 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Reverend Randall Gill - First Presbyterian Churd Pledge of Allegiance to the Flag led by Commissioner McCray IF YOU WISH TO ADDRESS,THE COMMT_S$!ON: FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE cTrY CLERK (ON THE DA~S) BEFORE THE "C PORTION OFTHE AGENDA HAS BEEN COMPLE'~ED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME ~ENZNGS" INDIVIDUALS MAY SPEAK FOR THREE UN[NTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. AdopUon II. III. PUBLIC AUDIENCE: INDMDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS OTHER: A. Informational Items by Members of the Ob/Commission ADMINISTRATIVE: A. Appointments to'be made: Appointment To Be Made [V Fisher Mayor Broening I Weiland III Ferguson IV Fisher Board Children & Youth Advisory EM Children & Youth Advisory EM Children & Youth Advisory EM Bldg, EM of Adj & Appeals Bldg, EM of Adj & Appeals Stu/Reg/NonVoUng Stu/Reg/VoUng Reg. Reg Alt Len th of Term Exp ration Dah, i yr term to 4/02 [ yr term to 4/02 2 yr :erm to 4/03 3 yr :erm to 4/04 Iyr :erm to 4/02 (Tabled-2) (Tabled-2) (Tabled-2) CT'abled-2) (Tabled-2) CZTYOFBOYNTON BEACH AGENDA REGULAR CZTYCOMMZSSZON MEETZNG NOVEMBER ~ I[! Ferguson E! Ferguso~ [! McCray IV Fisher IV Fisher IV Fisher V. Cemetery Board Code Compliance Board Education Advisory Board Library Board Nuisance Abatement Board Senior Advisory Board ANNOUNCEMENTS & PRESENTATZONS: Alt 1 yr term to 4/02 Alt 1 ~'r term to 4/02 / Alt ! yr term to 4/02 Reg 3 ~/r term to 4/04 Alt ! ~'r term to 4/02 Reg 2!¥r term to 4/03 CTabled-2) (Tabled-2) (Tab,ed-3) (Tabled-2) A. Announcements: 1. Oceanfront Concert Series on Novemoer 16, 2001, 6-9 Oceanfront Park - Gold Coast Dance Band (Big Band Music) Presentations: p.m at Proclamations: a. "Boynton Veterans Council Veterans Day Celebration* Announce the receipt of $110,000 from Sprint Spectrum L.P. The money is being used to design and build a press box and storalge building for the Police Athletic League (PAL) football program at Hester Community Park Overview of Presentation on "Operation Lifesaver ..... ~ ..... · - , ...... , ~UHUUCCeo Dy Cansse We~se, City Managers Office, and Pam Webb, Risk Management Department 4. Presentation of Accreditation for Boynton Beach Police Department CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda'~ approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: City Commission Meeting of October 2, 2001 Agenda Preview Conference of October 11, 2001 Q'TY OF BOYNTON BEACH AGENDA REGULAR cTrY COMM~SStON MEETLNG NOVEMBER 6, 2001 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget Award the bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE" (Liquid Caustic Soda), Bid #101-2811-01/C3D, to ]CI 3ones Chemical, Inc., for an estimated expenditure of $173,000 Award the ANNUAL BID FOR PIPE FTI-I'ZNGS &. ACCESSORIES, Bid #090- lz~12-01/KR, to various vendors for an estimated annual expenditure of $75,000 Approve the "sole source" purchase of the ANNUAL SUPPLY OF POLYPHOSPHATES from Shannon Chemical Corporation, for an estimated annual expenditure of $32,000 (Bid #010:2821-02/KR Award a one-year contract (with two one-year rene~ al options) to The Urban Group, Inc. of Fort Lauderdale, Florid. for Real Estate Administrator Services in response to RFQ #075-241 -0:[/KR (Proposed Resolution No. R0;[-283) Approve the "sole source" purchase of ADD[-F~ONAL ~ECURTrY SYSTEM FOR THE DOORS IN cTrY HALL AND EAST WING to match existing security system from ADT SECURTI-Y SERVICES, INC in the amount of $12,045 (Proposed Resolution No. R0:[-284) Approve the "sole source" purchase of ion-exchan, le soffmners from Atlantic .Filter Corporation in the amount of $12,805 (Proposed Resolution No. R01-285) Approve an agreement with Maxim Health Systems LLC for dispensing flu shots at the Senior Center (Proposed Resolution No. R0~.-286) Approve agreement with BAE Systems ADR Inc. fo~ planimetfic base mapping features throughout portior utilities service area, and furnishing digital orthophotc Iow altitude photography for the CRA area only; by Beach County Contract No. R2001-1523, dated Se Total project cost is $229,065 (Proposed Resolution Purchase of solar powered emergency phone system fo Express Ratio in the amount of $15,736.10 (pigg~ County School Board Bid #22-060N for Two-way Rad Accessories) the updating of s of the City and raphy based upon ggy-backing Palm ember 11, 2001; ~o. RO~-287) · golf course from backing Broward os, Equipment & 3 C1'1~' OF BOYNTON BEACH AGENDA REGULAR CTTY COMMZSS~ON MEETING NOVEMBER 6, 2001 C. Resolutions: Proposed Resolution No. R01-288 the Collective Bargaining Agreement between the Ci and the Police Benevolent Association (PBA) (TA; .~6~ 200Z Cz-TYCOI~MZ~ZONM~E'T~-NG) Proposed ResoluUon No. R01-289 R~ cash bond of:$5,280 to the Shoppes of Boynton Terra Proposed Resolution No, R01-290 R~ authorizing.an Agi'eement for Water Service Outside a parcel owned by Cortdor Investments of Palm located near the sO;Jtheast quadrant Of Military Trail al Propo..s~l ResoluUon No, R01-29I Re authorizing an Agreement for Wate~ Service Outside c a parcel owned by R..1. Consuting Management a~ located at the nod~he~St:quadrent ~f Military Trail al Cana Proposed Resolution No, R01-292 Re: the Mayor to execute an agreement between the C~ and the School Board of Palm Beach County for the Bi Department to provide one (1) law enforcement office the PBC School District Police Department to teacf Victims & Bystanders" course at Congress Middle Schoc Proposed Resolution No, R01-293 Re: the Collective ~Bargaining Agreement between the City and the Fraternal Order of POlice - Sergeants Proposed Resolution No, R01-294 Re: First Amendment to Lease Agreement between the City and Sprint spectrum LP., permitting Sprint to lease ar of reel property at 222 NE 9~ Avenue Proposed ResoluUon No, R01-249 Assessment Rates Re: Proposed Resolution No, R01-295 Re: the Mayor to execute an agreement with the Soul Management District to accept a $300,000 grant for th Aquifer Storage and Recovery (ASR) wells -~: Ratification of ¥ of Boynton Beach ~ED AT OCTOBER Release of lova Corp. : Approving and ,f the City Limits for each County, Inc., ~d Hypoluxo Road Approving and the city Umits for d Marketing, Inc., id the LWI:JD L-23 Authorizing of Boynton Beach 'nton Beach Police to be assigned to the "Aggressors, Ratification of Boynton Beach Approving a of Boynton Beach additional parcel Fire Authorizing Florida Water construction of 4 cl-rY OF BOYNTON BEACH AGENDA REGULAR CZTY COMMZSS:[ON MEETING NOVEMBER 6, 200~. De 10. Proposed Resolution No. R01-296 Re: Authorizino the transfer/appropriation of funds in the amount ol~ $250,000 from~the Reserve for Futur~ AppropriaUons account to the Potice Regular Salaries account for wage and benefits for personnel Ratification of Planning & Development Board Action: Gateway Crossing (Quantum Park) - Lots 81 & 82 Quantum Corporate Park - Request for site plan approval to bui d an 87,375 square fo~t std retail center ~n 9.3 acre~ P Gateway Cro~ssing (Quantum Park) - Quantum PaN PID - Request to amencJ the li~ of permitted uses within the Quantum Park PID to allow retail shops, ia fast food restaurant with drive-thr~J, and a sit-down restaurant on Lots 81 and 82 Boynton Beach Medical Pavilion/HTEX 01-002 - 28~15 South Seacrest Boulevard - Request for a height exception pursuant~ to the City's Land Development Regulations, Cha~ter.2 Zonin~ ¢~ ........ excess of th~ maximum 30 foot height limit in the C-1 Office and professional cOmmerCial zoning district VZ~. CITY MANAGER'S REPORT: A. Report on Stormwate~ ERU Rates Standards (survey results) Authorize staff to proceed with the necessary work to reloca communication equipment from the Mangrove Park High Scho exceed $25,000 A. Project: Agent: Owner: Location: Description: Report on City Advisory Board Membership, Attendance and Performance D, Strategic Initiative Report on Visions 20/20 VI:IT. PUBL[C HEAR]NG: 7:00 P.M. OR AS SOON THEREAFTER AS THE Al Dakota Lofts H, P. Tompldns Chart's Enterprises 3010 S. Federal Highway Request to amend the Comprehensive Plan Futt for 2.00 acres of property from Local Retail Con Low Density Residential (LDR) to High Density and to rezone the property from Community Con Single Family Residential (R-l-AA) to Planned 5 :e voice and data )1 at a cost not to ENDA PERMTI'S Land Use Map ~ercial (LRC) anc~ -~sidential (HDR), nercial (C-3) and nit Development cTr~ OF BOYNTON BEACH AGENDA REGULAR cTrY COMM'rSS:~ON MEETING NOVEMBER 6~, 2001 B, Project: Agent: Owner: Location: Description: Project: Agent: Owner: Location: Description: Project: Agent: Owner: Location: Description: (PUD) (P~R TH~ APPI.~C~NT'S R~(~U~ST~ TH~ H~NG ~ZZ B~ PO~TPON~O UN~Z NOVeMBeR 2~ 200~) Gymna~ics Centem in M-1 Har~ Ha~ne N/A Ci~ide Request to amend Chapter 2, Zoning, Se~on 8.A.l.d.(9) to allow gymnas~c centers as pertained us~ in :he H- L zoning distrJ~ (ira Reading ~ Propo~ Ordinance No. O[- KrJspy Kmme Land Use Amendmen~Rezoning Sco~ Barber/Gee & 2enson Dynamic Doughnu~ Florida Real~, Inc. ~o~hwest im Avenue (be~een NW im Avenue and ~ynton each Boulevard [SR804], appro~mate y 1,5( 0 feet 7m . ea~ of ~ ~?ee~). Opposite the inteme~on ~ Boynb ~n Beach Boulevard a~ West Indu~riaI Avenue ~:qu~t to amend the Comprehensve p an Future ~nd Use Map m Medium Densi~ Residential (9,86 du/~c) to Loca Re~l Comme~dal and rezone from Dupl~ Resi~en~al (R-2) to Calvary Chapel of Boynton Beach .lames Barretta Calvary Chape: of Boynton Beach South side of Hypoluxo Road, approximately 1,200 feet west of CongreSs AVenue Request: to an~ex: +8.84 acres of vacant property, to amend Cor~prehensive 'Plan Future Land Use Map from ~tR-8 (Pa m Beach County) to M0~erate Density ResidenUal (MoDR) and rezone from AR t~c~ Plant, ed unit ~evelopment (PUD) (APPLXC,4NT 200X ~ ~14XSSXON ON D~C~I4BER FUTURE AGENDA I'TEMS: Water ConservaUon Strategy (November 20, 2001) Redevelopment Code Issues for Non-conforming Lots and Buildings Commerdal Areas (November 20, 2001) Proposed License Agreement - 905 Railroad Avenue (November 20, 2001) in CZTY OF BOYNTON BEACH AG EN DA REGULAR CZTY COMMZSS'rON MEE {.tNG NOVEMBER 6, 2001 Review of Proposed Amendment to Development Agreement - Marina Project (December 4, 2001) F. G. H. Traffic Calming and Traffic Control Final Report (December 4, 2001) FRA Whistle Ban - Report (December 4, 2001) Discussion Regarding Establishment of Arts Commission (Dec~mber 4, 2001) Discussion Regarding Nonconforming (unpermitted) Canol~ies (December 4, 2001) Public Hearing - 2002/03 Fire Assessment - Proposal to Collection System ([via County tax bills) in lieu of Local Col (December 4, 2001) 3. Discussion of Possible Corridor Study for Congress Avenue DEVELOPMENT PLANS: NEW BUS~NESS: None LEGAL: A. Ordinances - 2n~ Reading - PUBLIC HEARING Bm Proposed Ordinance No. 01-54 Re: Arn Quantum Park DRI/Master Plan to change the permitte from "Office Tndustrial" (OI) to "Mixed Use" [MU) an "Office" [O) to "Mixed Use" (MU); to increase maximul from 500 units to 1,000 units; to partially close Quantul create two (2) new tracts of "Mixed Use" (MU); ar permitted use on tract 34-C from "Detention" to "Reser~ Ordinances - 1st Reading Proposed Ordinance No, 01-50 Re: Am, Land Development Regulations, Chapter 1 and Chat "Banners" (TABLED TO NOVEI4BER 20~ 2001 AT 1 THE LEGAL DEI~ARTi~ENT) :nclude in Uniform ection for 2002-03 :ember 4, 2001) ~nding the use on lots 7-11 lots 23-31 from residential units Lakes Drive and to change the ding Part III, 'er 21, regarding YE REQUEST OF 2. Intentionally left blank 7 CTTY OF BOYNTON BEACH AGENDA REGULAR cI'rY COMMISSION MEET/NG NOVEMBER 6, 2001 Proposed Ordinance No. 01-55 Re: Amending Chapter 15, Article 1. By add nga new 'sect on 15-10 of the Code ,o.f Ordinances; prohibiting soured disturbances n resident al zoning dlstricts; provd ng for definitions, methods of enforcement, and penalties 4. Proposed Ordinance No. 01-56 Re: Ar Assessment Enabling Ordinance to add a Sunset Clau Resolutions: ]endment to Fire Proposed ResoluUon No. R01-297 R~ Palm Beach County Legislative Delegation to in/Ua creation of an independent Special District for the and maintenance of Greenways in Greater Boynton Be; Palm Beach County D. Other: XIII. UNFINISHED BUSINESS: X. ZV. AD3OURNMENT: NOTICE IF A PEP, SON DEC[DES TO APPEAL ANY DE'ION HADE BY 'l~E OTY ~OMMISS[ON WiTH RESPECT TO ANY HA1 ER CON~DERED AT THIS MEETING, HE/SHE ~ NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURFOSE, HE/SHE Ivey NEED TO INSURE THAT A VE~TJH RECORD OF THE P~OC, EEDING IS MADE, WHICH RECORD INCLUDES THE '~HONY AND EVIDENCE UPON WHICH T (F.S, 286.0105) APPEAL IS TO BE BASED. CONTACT.]OYC. E COSTELLO, (56[) 742-6013 AT CE, PROGRAm, ORA~'P~/TTy GONDiJ~T~) BYTHE C.]Ty. PLEASE LERS'r 'rWehTY-POUR HOURS PR[OR TO THE PRC~R~ OR AC-Afar ZN ORDER FOR T~E CTI'Y TO P,E~NABLy ACCONHOOATE YOUR P,E~UEST. Urging the and support the pose of acquisition :h Region of South bg FINAL AGENDA 11/02/2001 4:22 PM \\CI'AMAIN\S HRDATA\CC\WP\CCAG E N DAMAGE N DA6\YEAR 2001\110601 .DOC 8 V-.ANNOUNCEMENTS & PRESENTAT/ONS Item B.l.a, WHEREAS, the Citizens of this Nation, the State of Florida and th~ City of Boynton Beach live in freedom because of the sacrifices and contribut OhS made by those who served in the Armed Forces of the United States of Amedca in time of national danger; and WHEREAS, there are over one million veterans in the State of Florida who continue their devotion to the highest ideals of citizenship, and constitute: a foundation of both the strength and progress of this State; and WHEREAS, we can never repay our debt to our veterans, for it is be can show our gratitude for their exemplary deed and it is Jn the best interes~ express their gratitude for these sacrifices and remind themselves of the gr~ WHEREAS,, we are sure lhat there are still Korean and Vietnam PO\ the City of Boynten Beach acknowledge this fact and pray for their safe retu NOW, THEREFORE, 1, Gerald Broening, by virtue of the authority ve.~ of Boynton Beach do hereby proclaim November 11,2001, as: ond any tangible pdce, but we ~f all the State that its citizens at price Of liberty; and Cs and MtA's and we ask that n. led in me as Mayor of the City BOYNTON VETERANS COUNCIL VETERANS DAY CELEBRATION in Boynton Beach, Flodda, and urge ail citizens of our City to remember the ~ all those who served this Nation in time of war to preserve our cherished heril to be held at Jaycee Park on Sunday, November 11, 2000, at 2:00 p.m. IN WITNESS WHEREOF, I have hereunto set my handand caused Beach, Florida. to be affixed at Boynten Beach, F~odda, this 6~day of Nove acrifices and contributions of of freedom at a ceremony ~e Seal of the City of Boynton ~ber in the Year 2001. ATTEST: Gerald Broening, Mayor City of Boynton Beach, Ftorda City Clerk (Corporate Seal) Boynton Veterans Council American Legion Posts~ 164 & 288: Disabled American Veterans 152: Jewish War Veterans Post 440: Korean War Ve[erans Unit 17: Military Order of the Purple Heart Post 687: Veterans of Foreign Wars Posts 5335 & 10150: Sons of the American Legion Post 164 9525 Majestic Way Boynton Beach, FI 33437 October 3. 2001 TO: Gerald Broening, Mayor Mr. Kurt Bressner, City Manager John Wildner, Park & Recreation Boynton Beach City Hall 100 E. Boynton Beach ~Bfvd. Boynton Beach, FL 33435 Please forgive the memo format of this note. The Boynton Vet~ no secretary or volunteer secretary. The Boynton Veterans Council will be holding our Veterans D~ Celebration on Sunday; November 11th. 200'1, at 2:00 PM. This letter is a written confirmation to the City that we are requ of the Jaycee Park on Federal Highway, as well as set-up of the tent, speaker system. Your Parks Department staff (John Wildner) is famili requirements of this annual program. ~rans Council has Memorial sting the usage seating, and ar with the It would be appreciated if the City would issue a Proclamation in Honor of this event. Mayor Gerald Broening is invited to present this at the program; all members of the City Council are invited to attend and will be introduced to the attendees.~,~llllail~l~ ~the~date'whe~the Proclamation will be read to the City Counsel so that I can Afterwards, a light desert will be served at the park for all attendees, and their guests. Please join us in this repast. I appreciate your help, and understanding, regarding this impersonal contact. Sincerely yours, Gerald A. Levine, Past Chairman 9525 Majestic Way Boynton Beach, FL 33437 561-734-0192 E-mail: gerrymega~...AOL.com V-ANNOUNCEMENTS & PRESENTATIONS CITY OF BOYNTON BEACH Item B.2 AGENDA ITEM REQUEST FOR1 Requested City Commission Meeting Da~e~ [] July I7. 200I ] August 7. 2001 ] August 21. 2001 [] September 4. 2001 NATURE OF AGENDA ITEM Dam Final Form Must be Turned in to Ciw CIcrk's Office July 3, 2001 (5:00 p.ra.) July 18, 2001 (5:00 August 8, 2001 (5:00 p.m.) August 22, 20ffi (5:00 p.m.) [] Administrative Consent Agenda Publi~ Hearing ] 2a~llllOllllcemen~[ Requested City Commission Meet/n~ Dates [] September 18,2001 [] October 2.2001 [] October 16. 2001 [] Novc~nber 6. 2001 Date Final Form Must be Turned in to CiW Clerk's Office September 5, 2001 (5:00 p.m.) September 19, 2001 (5:00 p,m.) October 3, 2001 [5:00 p.m.) October 17, 2001 (5:00 p.m.) [] Development Plans [] New Bus'ness [] Legal ~[~ Unfinished Business RECOMMENDATION: Announce the receipt of$110,000 from Sprint Spectrum L.P. The money is being used to de~i~gn build a press box and storage building for the Police Athletic League (PAL) foot~all prograrr~ Corem Park. 7: ~" EXPLANATION: Sprint Spectrum L.P. is renting land from the City to construct its equipment base station and anteun~ structure. The agreement requires Sprint to pay thc entire amount of rent ($110,0~0) for the initial five (5) year period. Recognizing the growing storage needs of the PAL football prograr~., and the opportunity to develop a multi-purpose facility that can also be used as office space and a press box, the Recreation Department and City alloeatcd the money for this purpose. PROGRAM IMPACT: The press box/storage building will provide office space for PAL staff, much needed storage area for football and other related equipment, and an area for officials and media to view ~he football games. FISCAL IMPACT: N/A ~D ~ ntHead~,~ignafftr~7 - Recreation Department Name City Attorney / Finance / Human Resources S ABULLETIN~OILM SkAGENDA 1TEM REQUEST FORM.DOC Requested City Comm/ssion Meetiu~ Dates [] ~uly 17, 200I [] August 7, 2001 [] August21 2001 [] September 4, 2001 NATURE OF AGENDA ITEM V-ANNOUNCEMENTS & PRESENTATZONS Item B.3 CITY OF BOYNTON BEACH Rg ISED AGENDA ITEM REQUEST FORM Date Final Form Must be Turned into City Clerk's Office Juty 5, 2001 (5:00 p.m.i July 18,2001 (5:00p.m.) August 8. 200I (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meetin~ Dates [] September 19, 2001 [] October 2. 2001 [] October 16, 2001 [] November fi. 2001 [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement -] City Manager's Report Date Final Form Must be Turned in to CRV Clerk's Office September 5. 2001 (5:00 p.m.) September 20. 2001 ~5:00 p.m.) Oclober 3, 2001 (5:00 p.m.) / Oclober 17, 200I (5:00 p.m.) / Legal Unfinished Business Presentation RECOMMENDATION: PRESENTATION of "Ot~eration Lifesaver," conducted by Carisse Weisc, City Manager's Office and Para Webl:, Risk Management Deparunent. EXPLANATION: Presentation o£program sponsored by Th-Rail, conducted by recently certified City employee education program concerning safety at railroad crossings. PROGRAM IM~PACT: This presentation will provide the City Commission and g~neral pubhc with an overview of pro deparanents, schools and neighborhood associations. FISCAL IMPACT: Cost of program already paid in Risk Management 2000-01 budget. Total cost of program $312 ALTERNATIVES: By implementing this proven national program, we anticipate a reduction in injuries and deaths C ty of Boynton Beach and throughout South Florida. This program will be presented to C~ty er pubhc to__ss of the danger involved st raikoad crossings. p ent road's Signature structors. This is an rams to be presented to City 00. t raikoad crossings in the~ ~ployees and the general City Manager's Signature City Attorney / Finance / Human Resources RISK MANAGEMENT Department Name PM/Operation Lifesaver Commission.dot S:kBUI~LET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC V-ANNOUNCEPlENTS 8[ PRESENTATIONS Item B.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] July 17, 2001 [] August 7. 2001 [] August21,2001 [] Septem§er4, 200I Date Final ~orm Must be Turned in to City Clerk's Office July 5, 200I (5:00 p.m0 July 18,2001 (5:00p.m.~ August 8.2001 (5:00 p.m.) August 22, 200I (5:00 p.m.) Requested City Commission Meeting Dates September 19.2001 [] October 2, 200I [] October 16,200I [] November 6. 2001 NATURE OF AGENDA ITEM [] Administxative [] Develop [] Consent Agenda ~ New Bu, [] Public Hearing [] Legal [] Bids [] Unfiuisl~ [] Announcement [] Presenta [] City Manager's Report RECOMMENDATION: Mayor to present certificate of accreditation to the Chief of Polic~ EXPLANATION: On 10 October 2001 the Boynton Beach Police Department was by the Commission for Florida Law Enforcement Accreditation (CFA). The CFA, which has reviewed all aspects of the agency's policies and procedures, management, operations a determined theBoynton Beach Police Department is in compliance with all 260 of the Corn excellence. The Boynton Beach Police Department becomes the 81'' law enforcement agcnc the State af Florida. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A "Department Head s Signature MARSHALL B. GAGE, CHIEF OF POLICE Department Name · ' Z - 'City'M~nag~r~ City 7~t~ornL. tf/'F~ance Date Final Form M~t be Turned in to City Clerk s Office September 5. 200I (5:00 p.m.) September 20. 200I (5:00 p.m. O~ tober 3;20fll (5:00 p.m.~ O~ Iober 17,2001 (5:00 p.m.) nent Plans iness ~d Business ion arfled accredited status based in Orlando, Florida, id support services and nission's standards of ¢ to'become accredited in /. ~ Sig~at~e/ / Human Resources S :\B ULLETIN~O RMS~.GENDA ITEM REQUEST FORM.DOC Oa~ bo[untardip tomP[ieb m.i~!~-t~ld~ geqod~eb ~taubarbnf ~ ~et lotto bp t~e ~ommi~ten [er ~Tordba ~ ~l~fer~ment ~[~r~ebitation, ~nt,, THE PROCESS FULL COMPLgANCE: An agency who is n currently accredited · An agency must apply to the through CALEA w?tbell cormmssinn for Florida Law considered flail Enforcement Accreditation ro compliance agency. The agency will be required to demonsl~ate compliance with all parucipate th the accreditation process, mandathry standards and not less than 80% of other-than-mandathry standards. · The agency will be required to demonstrate compliance with all mandatory standards and not less tha~ 80% of non-mandatory standards · Assistance is available f~om the comrmssion in the form of sample policies, consultation with accredited agenmes, and informal peer evaluation. · COMPARATIVE COMPLIANCE: the national progr.am, die C~sion on (CALEA); Florida agencies that are cun'enfly accredited by CALEA w~ not be required to assesses will check 0nly those CALEA files APPLYING TO THE COMMISSION Agencies must apply to die Comnfi~sion in ordat to pan/cipate in the state accreditation process. Applications ate available from the Executive Director. Susan Kyzer CFA 3504 Lake Lyada Drive, Suite 380 Orlmado. Florida 32817 (800) 558-0218 (407) 2754171 (407) 2754174 (fax) THE COST OF ACCREDITATION AND REACCREDITATION The fee is based on the number of authorzed who are acting in a hlw enforcement capacity. position. ~ER OF FEE SWORN POSITIONS AC/TRAC© soflwan 9 or le*s Donation assist Accreditation I0 - 24 $500.00 progress, is availabh 25 - 99 $1,000.00 ACFfRACe ~xacks ~ I00 - 299 $2.000.00 used for compliance 300 - 499 $3.000.00 track~ and prints ~up Over 500 $4.000.00 lists to prove Standa management reports searching and gener, completed in half th~ ASSESSORS respons~ility ro the law enforcement exemplify the highest levels of professionalism in law enforcement at all times, by remaining objective and impamaL assessor applicanon mus~ be on ~e with the Commission w/th proof of assessor training. Conimission:For,FlOr{da Law Enfor.eement Accreditation, linc, 3so4 ~k~ r~ar:~ · s~i~ 3~o o~J~-d~ pHONE (800), 558-ff"~fl o, r (407) 2754171 E-mail: in fo~flaccredit auon.org Page 2 of 2 TO THE COMMUNITY: agency's ability to prevent and control crime through more effective and ¢ ff'rcient delivery of law enforcement services to the commnnlry understanding of the law enforcemem agency Accreditation. m conjtmcfion with die philosophy of community policing, commits the agency to a broad range of programs (such as crime prevention) that directly benefit the public. Accreditation creates a forum in whicli police and citizens work together to conlrdi and prevent crime. Thisdsl~armership will help cit/zens in understand the challenges tl~t confront law enfom~ment. Law enforcement will. in mm. receive clear direction from the coramamty about its :xpectal~ons. Tiros. a common set of goals and objecfiyes will be staved at and implemented. TO THE CHIEF OR SHERIFF: Increases cooperation and coordination with The accreditation sta other law enforcement agencies and odier against which agentI The accreditation grocess requires an in-depth review of every ~spect of the agency's orga~Zat/on, managemen~ operations, and · establishment of agency goals and objectives with provision$ for periodic updating; Accreditation provid continuous flow of C procedures, aud proj, Accreditation provid justly decision~ relal personneI policies. tdards provide norrm the agency with a >mamsion distributed ,~i~inty policie& id to budget requests and the effectiveness of the agency's programs mad services. The services provided are defined, and nnifomatty of service is assured. .L Accreditation streamlines operations, effective degloymen! of agency manpower. the opporomity to m-organize without the apl~arance of pemonal attacks. TO THE OFFICERS: Accreditation requkes that The morale of the ag~ agency policies and increasing the emgl~ procedm'~ are in written form effectivenes~ and effi aud are available to all agency agency. Opera, ohs b personnel at all thues, and consistan[ Accreditation assures ACcreditation politic: employees that every aspect of issues and provide fo the agency's gersormel system equipmeut of the offi ~s m accord with professional standards, and that the system is both fair and equhable. acy is enlmaced by ee~' confidence in the :iency of their own come more streamlined address officer safety adequate ~aining and Accreditation is a coveted award that symbolizes professionalisrm excellence, and competence. Employee., will take pride in Commission For Florida Law Enforcement Accreditation. Inc. 3504 Lake Lyada Dr/.ve · Suite 380 ' Orlando. Flohda 32817 PHONE: 800~ 558-0218 OX 1407~ 2754171 ' F~X: (407~ 2754174 E-mail: info~flaccreditanomom Requested City ComroJssion Meetln~ Dates [] July 17. 200I [] Au~-st 7 2001 [] August 21, 2001 [] September4. 2001 NATURE OF AGENDA ITEM VII.-CONSENT AGENDA ITEM B.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Of~ce July 5, 2001 (5:00 p.m. August 8. 2001 (5:00 p.m.) August 22, 2001 5:00 p.m.) Requested City Commission Meet/n~ Dates [] September 19, 200] [] Octobe~ 2. 2001 [] October 16. 2001 [] November 6, 2001 [] Administrative [] ~ Consent Agenda [] [] Public Hearing [] Bids [] [] Announcement [] [] City Manager's Report Da .~ FmaI Form Must be Turned m to City Clerk's Office Sepl ~mber 5, 2001 (5:00 p.m.) Sepl ~rnber 20, 2001 (5:00 p.m.) Oct( ~er 3, 2001 (5:00 p.rc~) Octr er 17.2001 (5:00p.m.) Developnc ~nt Plans New Business Legal Unfinishe~ Business Presantafi6n RECOMMENDATION: A motion to award the bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE" (Liquid Caustic Soda), Bid#101-2811-01/CJD, to JCI Jones Chemical, Inc., for an estimated expendi~ are of: $173,000.00. EXPLANATION: On September 27, 2001, three (3) bids were received and ope Services office. All proposals were reviewed and it was determined that JCI Jones Chemic: Florida. is the lowest, most responsible, responsive bidder who meets all specifications. I Adwdnistrative Coordinator, concurs with this recommendation (see attached memo #01-24 PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for a one (I) year Sodium Hydroxide. The West Water Treatment Plant uses sodium hydroxide to raise the prevent scaling in the pipelines and to neutralize hydrogen sulfide in the off-gas scru Treatment Plant anticipates using 1,698,710 pounds of sodium hydroxide for this one (I) yem aed in the Procurement Inc. of Ft. Lauderdale, urbara Conboy, Utilities eriod for the purchase of ! of the product water to ~ber. The West Water ~eriod. FISCAL IMPACT: ACCOUNT NAME/NUMBER Process Chemicals 401-2811-536-52-35 Deputy Director of Financial Serrates Procurement Services Department Name S:XBULLETINXFORMSXAGENDA ITEM REQUEST FORM,DOC C: Barb Conboy-Adminislrative Coordinator, Uti}it/es Dave Ailstock- Chief Operator. WWTP Bob Kenyon - Deputy Director of Ut/titles File ESTIMATED City Manager's Signature City Attorney / Fhnance / Human Resources UTILITIES DEPARTMENT MEMORANDUM NO. 01-243 TO: FROM: DATE: SUBJECT: Bill Atkins, Deput'gDhzectgr of Finance Barb~a Conbo~ Admi~s~ative Coor~nator O~bber 8, 2001 Pumhase of Sodium Hydroxide PURCHaSI,~G, DEP~ Sodium hydroxiflg i~fised at the West Water Treatment Plant to raise the pH of the product water to prevent scaling-in'd~e pipelines and to neutralize hydrogen sulfide in the off-gas scrubber. The currem bid?wi~it~nesChemieal has expired and can no longer be extended. J.C.I. Jones Chemi~t bid price is the lowest on Bid number 101-2811-01/CJO that _was open.ed September 27, 2~)OL 'The bid price is $410.00 per dry ton of 25% and $370.00 per dry ton oz 50% solutions. We recommend l~di~" :ng the btct to purchase sodium hydroxide with an anticipated approximate ~annualusage 0~':~!~¢~ol.0 pounds for $1~3,000.00 from J.C.I. Jones Chemical. e 'g item on the next City Cormmssmn Agenda to approve the bid. These funds are Please plac thi 1~ ~ ~. . . avaitabie iff aec~ber:401-2811-536-52-35 inthe 2001,02 budget. If you. have any q~estions please contact Bob Kenyon ar extension 6402, or Dave Ailstock at exiension 6453. ~i ~ ' /grab Bc: Dave Ailstock Xc: Dale Sugerman Bob Kenyon Barbara Conboy Georganne Barden ****LO~/EST, [4OS'£ RESPONSIBLE, P~SPOI~$IVE BIDDER NHO 14gETS ALL SPECIFICATIONS ~f~.~-~2~. .............. [ .... A' B±ll Ark±ns, Deputy Director of F±nanctal Services ANNUAL SUPPLY OF SODIUM HYDROXIDE [LIMUIU ~AUO/U OUU I ~/ 'Offers ~m the venders listed ,erein are the only offer/ ~.~_ BID OPENING DATE: SEPTEMBER 27, 2001 re~ived timely as of the above re~iving date and time. ~ ~. Co--to] BIDOPENING TIME: 2:30 P,M. AII other o~rs submltted in response to this solic VENDORS IOPAK USA ALLIED UNIVERSAL CORP. ~; JUm~-:5 {.;HE n UAL §049 Old Highway 41 - A 3901 NW 115 Avenue 1800 NW 22nd Street Tampa, FL 33619 Miami, FL 33178 ~ Fort LaLtderdale, FL 33311 Attn: India Haass Attn: Catherine Guillarmod Attn: William Brownlie 1-800-944-4489 (305) 888-2623 I (888) 293-8321 UNIT PRICE DRY TON FOR 25% SOLUTION: SODIUM HYDROXIDE $ 495.00 NO BID $ 410.00 MIN. 4300 GAL. LOADS UNIT PRICE DRY TON FOR 50% - SOLUTION: SODIUM HYDROXIDE $ 455.00 $ 362.81 $ 370.00 MIN. 3500 GAL. LOADS CERTIFICATE OF COMPLIANCE/ ANALYSIS SUBMITTED YES YES YES MSDS SUBMITTED YES YES YES CALENDAR DAYS 3 3 WORKING DAYS 2 TO 3 NUMBER O-F BID PROPOSALS SUBMITTED 1 t 1 SPECIFICATION "CHECK OFF" SHEETS YES YES YES iSUBMITTED ANTI - KICKBACK AFFIDAVIT YES YES YES SUBMITTED CONFIRMATION YES/NOT A YES/NOT A MINORITY YES/NOT A MINORITY OF MINORITY OWNED MINORITY BUSINESS SUBMITTED OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS ICONFIRMATION OF DRUG FREE YES YES YES WORKPLACE SUBMITTED COMMENTS SEE MSDS SHEETS COMMERCIAL GRADE Requesmd Cit~ Comrmssmu Me~line Datos [] July i7,2001 [] August 7.2001 [] August 21, 2001 [] September 4, 2001 NATURE OF AGENDA ITEM VL-CONSENT AGENDA I'TEM B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office July 5:2001 (5:00 p.m.) July 18,2001 (5:00p.md August 8, 2001 (5:00 p.m.) August 22. 2001 IS:00.p.m.) Requested City Commission Meetine Dates ] September 19, 2001 [] October 2,2001 [] October 16. 200] [] November 6, 2001 Date F hal Form Must b ed-~ Septe nber 5. 2001 ~5:00 Septe nber 20, 2001 5:00~a.) Octol mc 3. 2001 5:00 p.n:lq Octol er 17, 2001 (5:00 p.m. -- Administrative [] Develop ~nt Plans Consent Agenda [] New Business [] Public Hearing [] Legal Bids [] Unfinished Business [] Announcc~nent [] PresentatiOn [] City Manager's Report RECOMMENDATION: Motion to award the ANNUAL BID FOR PIPE FITTINGS & ACCESSORIES, Bid #090- 1412-01/KR, to various vendors for an estimated annual expenditure of $ 75,000.00. EXPLANATION: On September 5, 2001, six (6) proposals for this bid were received and computer tabulated. Upon review, the following factors were used for determination of this award: 1. Price: 2. Brand name; and 3. Minimum shipping requirements by vendor. U.S. Pipe and Foundry was not considered in the award due to their minimum shipping requirement of a full truckload. The attached memo from Dominic DeManyo, Warehouse Manager, indicates the awarded vendor, per item, on an "as needed basis". PROGRAM IMPACT: The purpose of this bid is to establish a firm price for the purchasepf Pipe Fittings and other Accessories which are Warehouse stocked/supply items for the using departments for the repair and replacement of utility systems and construction of new systems. FISCAL IMPACT: DESCRIPTION ACCOUNT NUMBER Warehouse Stock 502-0000-141-01.00 DeputyDirector of Financial-S~rv/c4~ y Procurement Services Department Name EST. ANNUAL EXPENDITURE ~ity Ma~ag'er iISignature City Attomey/ Finance / Haman Resources cc: Domimc DeMauro, File Warehouse Manager S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC The ¢ityof Boynton Beach Finance Department WAREHOUSE DIVISION TO: FROM: DATE: SUBJECT: Bill Atkins Deputy Finance Director Dominic DeMauro, WarehoUse Manager October 6, 2001 Pipe Fittings and-Accessories [ have reviewed the tabulation sheet sent from your office. I used the following factors in determining this award: A) price B) brand name and C) Vendors minimum shipping. My recommendation is the bid be multi awarded lowest, most responsive and responsible bidder. No consideration Was given to U.S.' Pipe and Foundry because of their minimum shipments. If you have any question please call me at 6324. POLY TUBING A&BP~E 1,2,3,4 INSERTSFORPETUBING FERGUSON 5,6,7,8 RETAINER GLANDS W/ACC A&B PIPE 9,10,11,12,13,14,15,16,17,18 STAINLESS STEEL TAPPING POWERSEAL 19,20,21,22,23,24,25 TAPPING VALVES W/ACC FERGUSON 26,27,28,29,30,31 RESILENT SEAT GATE VALVES FERGUSON 32,33,34;35 AIR VALVES FERGUSON 36,37,38,39 Pipe fittings page two MJ FITTINGS W/ACC FERGUSON 40,4.1,42,43,44,45,46,47,48,49,50,51,52,53,54,55,56,57~58,59,60,61,62,63 FERNCO A&BPIPE FERGUSON 66,68,70,71,73,74,75,76.77 64,65,67,69,72,78,79,80,81,82 FERNCO STAINLESS STEEL SAVEMORE UNDERGROUND 83,84,85 SADDLES A&B PIPE 86,87,90,106,109,118,120 FERGUSON 88,89,91,92,94,95,100, 105A07,111,113,115,117 SEMSCO 93,96,9'l,98 99,101,102,103,104,108,110,112,114,116 s^wMo 119 NO BID 121,122,123 FERGUSON 124.125,126 12 EXTENSION FOR HYDRANTS FERGUSON 127,128,129,130,131,132 FORD BELL JOINT REPAIR CLAMPS POWERSEAL FERGUSON 133,134,135,136,137,138,140 139 DUCTILE IRON PIPE SLIP JOINT A&B PIPE [41,142,143,144,145,146,147,148,149 DUCTILE IRON PIPE A&B PIPE 150,151,152,153,154,155,156,157,158,159 MJ-DI FULL BODIED SHORT FERGUSON 160,161,162,163,164 MJ-DI LONG PATTERN FERGUSON 165,166,167,168,169,170,171,172,173 45 DEGREE MJ-D/I FULL FERGUSON 174,175,176,177,178,179,180,181,182,183 90 DEGREE MJ D/I FULL A&B PIPE 184,185,186,187,188 TEES MJ DI FULL FERGUSON 189,190,191,192,193,194,195,196,197,198,199,200,201.202,203,204 PLAIN END REDUCERS FERGUSON 205,206,207 Pipe Fi~ings page three CAST IRON VALVE BOX FERGUSON 208,209,210,211,212 213 APC MARKERS FERGUSON 214,215,216,217 MJ GLAND KIT W/ACC A&B PIPE 218,219,220,221,222,223,224,225 UNIFANGE OR EQUAL FERGUSON 226,227,228,229,230,23 REDI CLAMP POWERSEAL 232,233,234,235,236,237,238,239,240,241,242;243;244';~45!~4~(2~77~9~250, 55,256,257,258,259,261,262,263 FORD, ROCKWELL REPAIR CLAMP FERGUSON 248,260,264,267,273,275,276,277,282,286,287,288,294,296,297,298' POWESEAL 265,266,268~26~,270,271,272,274,278,279,280,281,283;284,285 290~291,292,299 SAVEMOR LrNDERGROUNI) 289,293,295,300,301,302,303 HAMAX COUPLING ITEM 304 NO BID P.V.C SDR 26 SEWER PIPE A&B PIPE 305,306,307,308,309,310,311,312,313,314,315,316,317,318,319,320,321 P.V.C.900 CLASS 150 SEWER PIPE FERGUSON 322,323,324,325,326 P.V.C.C.900 CLASS 150 FITTINGS A&B PIPE 329,330,331,332,336,338 FERGUSON 327,328,333,334,335,337,340,341,342 SEMSCO 339 YOKES FERGUSON 343,344 PIPE_LUBE A&B PIPE 345 M J- DI-SHORT PATTERN FERGUSON 346,347.348,,349,350 MD-D/L LONG PATTERN FERGUSON 35 t,352,353,354,355,356,357,358,359 45 DEGREE MJ-DI COMPACT FERGUSON 360,361,362,363,364,365,366,367.368,369 Pipe Fittings page four 90 DEGREE MJ-DI COMPACI A&BP2E 370,371,372,373,374 TEES A&B P~PE 375,376,377,378,379,380,381,382,383,384,385,386,381,388,389,390 In addition to the over all low prices. The following vendors are offering the city a discoUnt. FERGUSON 42-50% POWERSEAL 40% SEMSCO 25% ~/-~f~"~?~'~/' /~/-~ -~ ~ ~ ~ fDOM~d DE~U~O, WAREHOUSE ~NAGER BILL AT~IN~ ~U~y~.DIRECTOR OF FINANCIA~ SERVICES PIPE FITT.,~S AND AccESsoRIES *LOWEST, MOS~ RESPONSIVE~ .~SPONSIBLE BIDDER ~O MEETS SPECIFICATIONS rei¢ctcd as late" BID ~090-1412-01/KR A & B PIPE AND SUPPLY, INC. FERGUSON UNDERGROUND ~OWERSEAL PIPELINE pRODUCTS VENDOR 6500 N.W. 37TH AVENUE 2361 N.W. 22ND STREET 16t9 EASTSIDE DRIVE MIAMI, FL 33015 POMPANO BEACH, FL 33069 WICHITA FALLS, TX 76301 (305) 691-5000 ~(954) 973-8100 . (800) 800-0932 1~'~71fiARI A I~O~R ~I~$~'N~6AN,T'IOME ~ON~ ~N~ [AVIOGALLiTON WAREHOUSE 2000' 3/4" 658-082-00001 I ~ $0.19 . NO BID 2 16000' f, 658-082-00002 ~ ~ $0.30 NO BiD ooo RETAINERGLCANDS W/ACCESSORIESM~ CAST IRON ~ , ' · ~ ' 9 10 3" 870-064-00001 $12.50 NO BID ;0 100 4" 70-0~4-00002 $14.30 NO B D 11 200 S,, 70-064-00003 $17,65 NO BID 12 20 8" 670-064-00004 $24.70 NO BID 13 20 1~' ;70-084~00005 $35.29 NO BID 14 20 12" 670-064-00006 ~ ~ $50.00 NO BID 15 20 16" ,70-064-00008 ~ ~ ~ $100.00 NOBID 16 10 14" 670-064~00007 , ~75.go ...... 17 10 20" 670-064-00009 ~ $164.75 NO BID 18 10 24" ~0-064-00010 $192.50 NO BtD ~TAINLES~STEEL TAPEINGSLEBVES FUEL C RCLE GASKET. , 1 [ 10 6 x 4 ~ON-STOCK $282.35 $238.95 2{ 40 6 x 6 ~ON-STOCK $294.12 [ $2S7.53 21 10 8 x 4 ~ON-STOCK ~94.12 $247,40 Page 1 of 19 PIPE FITTINGS AND ACCESSORIES BID DUE DATE & TIME: SEPTEMBER 4, 2001 @ 5:00 P.M. I~OCAL TIME} BID QPENING DATE & ~' ME: SEPTEMBER 5 2001 @ 9:00 A.M. FLOCAL TIME} BID g090-1412-01/KR "Offers from the vendms listed herein are the only otters received 0500 N.W. 37TH AVENUE FL 83015 [305) 691-5000 ITEM 8x6 10x4 Coated $267.80 Coated $377.~9 Coated $839.11 Coated NON-STOCK $1 Coated NON-STOCK $6.695.94 RESILIENT SE~A'~I~ VALV~:~ W/ACCESSORIES. KENNEDY MUELLER OR M a H ONLY NON-S~CK NON-STOCK $282.48 NON-STOCK $~3,87 $687.19 AIR VALVES Release Valve Val-mat~cs NON-STOCK Sewer Air Release Valve Vel-mattes ~49 BWA Inlel size 2" Outlet size 1" Sewer Air/Vacuum Valve #302 Z" Combina0on Air Valve ~,BI D020+C00 $499.00 $598.00 $885.00 B70-066-00001 POWERSEAL PIPELINE PRODUCTS 1619 EASTSIDE DRIVE WICHITA FALLS.;TX 76301 D BID NO BID NO BID NO BID NO BID Page 2 o PIPE FITTINGS AND ACCESSORIES BID DUE DATE & TIME: SEPTEMBER 4, 2001 @ 5:00 P.M. (LOCAL TIME) BID OPENING DATE & TIME: SEPTEMBER 5, 2001 @ 9:00 A.M. (LOCAL TIME} timehasofthe abovcr eceiving date and Lime. All other offers submitted in response to this so0¢ lat on f any~ ~re_hcr~by BIDfiOg0-1412-QIIKR.... ~~' 2.:L~.;. ....... t ~0~0~/,'' ', '" I~OWERSEAL PIPEL NE PRODUCTS A & B PIPE AND ;SUI~;~LY, I1~1'... I ~ ~ t ; VENDOR : ............. ,,=~..= ~2;~' T 1~19 EASTSIDE DRIVE , ' * ,f;~L:~/;~;~L~;'. ' :: '-:~Q0) 800~932 41 10 I ~" MJ Cap without A~ssodes ~ON~TQC~ ~t~ f , . :=~ ....NO:BID ..... '$43:~ :~ NO BID : 45- 5 12~MJ=~p-with~A~sories ~ ~-~ ...... ~8 ~ :~ N~BI~ fl6 5 3'L Md -Gap~x ~ap ~ wit~ut ,~sories NON:SYOCK' 53 10 . ~"*MJ RINg w/Ac~ssories . ~ ~Q~-S~K ...... ~ .... , ~ ~ ¥~"_M~:Pih. x Ta62?w~ho~tX~ories NON-STOCK , -$~;? . NO BID Page 3 of 19 PIPE FITTINGS AND ACCESSORIES BID DUE DATE & TIME: SEPTEMBER 4. 2001 @ 5:00 P,M. ILOCAL TIME) BID OPENING DATE & TIME: SEPTEMBER 5. 2001 ~ 9:00 A.M. (LOCAL TIME) VENDOR ..... ~ ~-B ~)-~[J ~ A ~)'i~) ~ ~1~i i'l~lc. ~)(jS~3h~:q~J:~,~0UND POWERSEAL PIPELINE PRODUCTS 65 30 ~" Clay x DI ~1003~ 670-008~00p02 $2,4~ NO BID 66 50 ,~ Cla~x P~C ,1002-44 670-068-00003 6( 10 6" Clay x Clay ~001-66 670-068;00005 : ' ' NO BID 6~ 50 6" Clay x 4" DI ~002-65 670-068-00Q06 J NO BID 7( 50 ~ Cl.y x 4" PVC ~00~-~4 o~-o~s-ooo07 _ ~=~"~'~' .~ $6,84 NO BID 71 20 6 Clay x PVC ~1002-66 670-068-00008 .$~ NO BID ~ ~ ~y~R - - ~79~6~009 - - - ~:~- = NO'BID 76 20 8"Clayx DIP ~i003-88 670-068-000i3 ~ $8.31 NOB~D si lo 4" Dm x 4" D[ dt~-0O~-06020 $Z48 ~ NO ~m~, 82 10 6" AC x 6" PVC 670-068-00022 $5.31 NO BID FERNCO STAINLES~ STEEL - Sheer Rin~s . 83 25 4" SR 18 NON-STOCK $4.57 $5;39 NO BID 84 25 6" SR 27 NON-STOCK $5,81 $6.94 NO 85 25 8" SR 34 NON-STOCK $6.64 $7.96 NO BID Page "Offers Eom the vendors listed herein are the only offers received BID DUE DATE & TIME: SEPTEMBER4. 2001 @ 5~00 P.M. (LOCAL TIME) timely as of the above receiving date and time. Ali other offers BID OPENING DATE & TIME SEPTEMBER 5. 2001 @ 9:00 A.M. (LO~AL TIME) s~u?xli?~cd~!n r~l~_s~.to_ this BID ~:090-1412-01/KR VENDOR IA & lB P PE ~D~'6PP~.Y3~C'i ~'~ ~s~-N-0~'6~E~I~ ~) ..... 1 ~0~ER~EAC PIP~UNE PRODUCTS 4.~:/;?~;~," ~.:, ,, %' ]~:~ ~ ~J~' l ~: DAVID GALEIT~ t ........... NOBLE 8e 10 ~' ~_1" CC TfifefiO- Range 4.26~.73 '~¢d~6~ 0 , NO BID ~ 10 4" x 2" P Thread-- Range 4.264.73 ~u~uo~-uuuzu 01 20 4"x 1" CC- Ran,, n.74.5.26 670-069.0001~ , - - 028 10~ 5 6"xl 1/2"lP-Ra~ge6,90-7.45 ~ ~O.~O~EQ~8 ;~.~ . . .. ~$~Q.4~ ',~ : ;NO'BID~ *08 '" ''"* t~-2',~e-Ranpe, e,6,44,~, ,,~69,0Q030 ........ $3*,80 NO BID ' 4~ '~ )8" x ~" 00% No Range 0~0~69:60~1 *~0&95 NOBID 11( 100 6'X" 1"CGThreed-ReRge6-63-7-50 ' ' '" -' "---670-069-60012"..,.$18.08 I NOBLE Page 5 of 19 PIPE FITTINGS AND ACCESSORIES BID DUE DATE & TIME: SEPTEMBER 4. 2001 @ 5:00 P.M. (LOCAL TIME) BID OPENING DATE & TIME: SEPTEMBER 5 2001 @ 9:00 A.M, ILOCAL TIME) "Offers fi'om 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 hcrcby ~IA~I; PL ~3~'2-' 'POMPANO B~CH FL 33069 WICHITA FALLS, TX 76301 305)~6~1 ~000 ~ 13 30 8" x 2" IP Thread - Ranpe 8 116 5 12" x 2" iP Thread - Range 12.62-14 32 8~6-069-~0~2~ N~]~ ' NOnD ' ~ 14 ~ 2 IP T~read - No Rang~ 370-069-00032 . $~Q,29 NO BIO ~ ~ 5 16"x 2" IP Thread- Range 17.40-18.90 ' ~-~0'0~ NoB D 120 5 Z0"X ~IP Thread -Range ~9.25-22.70 '--;~:~;~9-~;b35 .~BIO Mechaniml Joint , r ' 4 1/2" Main Seat Valve 123 12 48" Bu~ NON-STOCK NO BID No'iD NO BID 1 - 4 1/2" Pod Mechani~l Joint 5 1/4" Main Seat Valve Page 6 q PIPE FIT ,~ AND ACCESSORIES ~ ) "X)ffers flora he vendors ! sted here n are he o~ly 0 [~e~,~¢~::e yed BID g090-1412-01/KR relocmo as ~a~c ~OW VENDOR ~' & B PIPE AND SUPPLY, INC. FERGUSON UNDERGROUND/ ERSEAL PIPELINE PRODUCTS ~500 N.W. 37TH AVENUE 2361~ N,W, 22ND STREET ~( 19 EASTSIDE DRIVE ITE~ eW. ~ 9~SCR~PTION ~'~5E '.~ 127 12 ~ueller Improved ~ON-STOCK - $274'00 ~ NO B D ~ON-STOCK NO BID 128 12 31ow 2640 129 ~ 2 ' Ameri~n B-84-B ION-STOCK NO BID ~ NO BID 131 1~. ~Do~dy ~KSJA 51or 40 mil epoxylined ~ON-ST~C~ ~' ~'~' ~--' :~1~:0~: ; .... ~, ~ .N~ B~B~ ~3 1000' ~"Cl~ss50 ~ON-STOCK~ $6,35. IA4 . 500'.. "Class 50 0r 4om epoxy iDed ~ON:STOCK ~ ~ ': :' ' ' ' '{ :' ~1~3~ ' -146 .500' B~plassSOor4Om~lep0xyl~ N~N-oTOCK ~.~ ; :~ ..... $~,30 NO BID Page 7 of 19 PIPE FITTINGS AND ACCESSORIES "Offers bom/he vendors listed herein are lhe only offers received BID DUE DATE & TIME: SEPTEMBER 4. 2001 @ 5:00 P.M. (LOCAL TIME~ timely ~s of the above receiving date and'tin~. ~liotfi~r offer~ ' VENDOR A ~B PIPE ANI~SUPPLY, 'NC. ~ ~.R,~i.O~N*~Q~'~': ,'.' ~ POWERS~L PIPELINE PRODUCTS ~IAMI. FL 33015 ~ ~MPANO BE~H FL ,.~3069, ~' WICHITA FALLS/TX 76301 :305)691-5000 . [9~) 973-8100 (~00) 800-0932 150 100' 4" Class 53 MJ DIP NON-STOCK ~ .... M ~FR~M NO BID 153 100', 8"cmass53MJDmPor40milopoxylined ~ON-S+OeK ~ ~ -',- PROP~SA~SHtET$ : NOBID [5~ 100' .... 10" Class 53 MJ DIP or 40 mU epoxy~i~ed : N~N;~K ¢ ~ ........ ~ NOBID 160 4 ~" ~oN-STOCK $33.96 ' ' NO BID 16~ 4 O" NON-STOCK $57.44 . , ~ ' $~.18 , ~ NO BID 167 4 8" NON-STOCK $73.43 ~ $~2.00 NO BID 168 4 10" NON-STOCK $93.90 $92.45 NO BID ~7~ 2 1~" NON-STOCK $2~.74 $240.(S NO BID 171 2 16" NON-STOCK $291.71 $286,97 NO BID Page ? '\9 BID DUE DATE & TIME: SEPTEMBER 4 2001 @ 5:00 P.M. (LOCAL TIME) BID OPENING DATE & TIME: SEPTEMBER 5, 2001 @ 9:00 A.M. (LOCAL TIME) mil e~xylined ~x~"x~Tee'Mfl'~'40mll'e~xylined '~ ~O~K .~ ,: .d../_,,~;~.{~:,:~. ~z , NOBID Page 9 of 19 PIPE FITTINGS AND ACCESSORIES "O ffe/s fi.om the vendors listed herei, are the ~nly offers received BID DUE DATE & TIME: SEPTEMBER 4 2001 @ 5:00 P.M. ILOGAL TIME) timely as of the above receiving date and time. All other offers BID OPENING DATE & TIME: SEPTEMBER 5. 2001 @ 9:00 A.M. ~LOCAL TIME) submitted in response to this solicitation, if any, are hereby BID fl090-1412-0tlKR O~00 N.W. arTH ~UE .... 2~&I N~W122h6 ~E~T h619 EASTSIDE D~iv~ .... ~I~MI, FL 3301~- ~PX~EX~ ~33~9 ~cHITAFALLS TX 76301 195 5 8x8x8TeeMJ ~Ou}sTQ~K ~- - $~{;~;:38 ' NOBID 19~ 5 8 x 8 x 8 Tee MJ or ~ mil epoxylined NON-STOCK NO 197 5 8 x 8 x 6 Tee MJ NON-SIOCK $110,30 NO BID 108 5 8 x; x 6 Tee'MZor 4-d mi/Y;;~yli;ed N6N-~T;~K $227:~4 NOBID 199 5 8 x 8 x 4 Tee MJ NON-STOCK $102.39 NO BID 200 5 8 x 8 x 4 Tee MJ or 40 mil epoxyiined NON-STOCK $214.03 NO BID 201 5 10 x I0 x 10 Tee MJ Cast Iron NON-STO~K $~7t,83 NO BID 202 5 10 x 10 x 8 Tee MJ Cast Iron NON-STOCK $t 5Z85 ' TNO BID 203 5 10 x 10 x 0 Tee MJ Cast Iron NON;STOCK ;~t~¢~35 ~ ~OBID ~o~ s ~"x ~" NON-StuCK 20~ 100 I"- Exten0ions S70,0~7:00~02 211 50 ~i9 for ~24 Valve Box- Sewer Must be lock no ~70~027-00004 "~.08 ;' ~6 BID 214 100 APC Markers - High Ranfle (Water) B¢O-080-00O01 ~ NOBID ~ ~ ~ ~ NOBID 215 100 APCMa~om-HighRange(Sewe,) 670-002-00002 NOBID ~ ~~ ~ NOBID Page ? ~9 BID DUE DATE & TIME: SEPTEMBERa 2001~ 5:00 P.M. (LOCAL TIME) timelyasoftheabo~6rdc~ivingdatcandtime;Allothcroffers BI0~OPENING D~T~ &TIME: SEP'~EMBER 5, 2001 @ 9:00A.M. (LOCAL TIME} '~ubmitt~d i6 rempdi~i~ t~~ h s so c tat on, ifany a~:hereby , - ' VENDOR ~UPPLY, INC. 6500 N.W, 37TH AVENUE .. N-O I~lb NO BI[~ NO BID 10' NO BID ' ~dBID NOBID X 3" Page 11 of 19 PIPE FITTINGS AND ACCESSORIES BID DUE DATE & TIME: SEPTEMBER 4. 2001 @ 5:00 P.M. (LOCAL TIME) EBD OPENING DATE & TIME: SEPTEMBER 5. 2001 @ 9:00 A.M. (LOCAL TIME) VENDOR ITEM QTY. DESCRIPTION ~EH~DIJSE COMMODITY # 070~)77-00009 2" x 3" 2" x 6" 1/2" - 2.35-2.63 B70-089-00001 t~226-023815-000 2" x 15" - 2.35-2.63 B70;089-00002 2.35-2.63 3" x 7 1/2" Range 2.97~-3.25 "Offers fi.om the vendon listed herein are the omy offers received timely as of the above receiving date and time. All other often submitted in response to this solicitation, if any, are hereby 37TH AVENUE ~IAML FL 33015 691-5009 ROpNp ~48.23 $26.47 $2~.82 ~RODUCTS 76301 1/2" Range 4.74-5.14 1/2" Range 4,95-5.35 e 4.45-4.73 e 4.95-5.35 9 6.84-7.64 370-089-00015 670-089-00018 670-089-00020 $54.11 $54,11 $31.18 -$60~59 $64,38 $45.44 $45.52 PIPE FITTYt'~ AND ACCESSORIES ' VENDOR A S B PIPE AND SUPPLY, INC. [F~R~SON UNDEE~OONO I~EAL I~ P~LIF~E PROpUC M AU, FL 33015 , 269 2 6" x 15" Range 6 84-7 24 ~0-9~9~0026 ~, ~3.13 * ....... n.n~n,nfin~ $70 9~ Page 13 of 19 PIPE FITTINGS AND ACCESSORIES BID DUE DATE & TIME: SEPTEMBER 4. 2001 @ 5:00 P.M. (LOCAL TIME) BID OPENING DATE & TIME SEPTEMBER 5. 2001 ~ 9:00 A.M. (LOCAL TIME) BID )?090-1412-01/KR VENDOR , ~& B PII~E ~ND ~UpPL¥, INC. IFERGIJ~ON U[~:~OUND: POWERSEAL PIPELINE PRODUCT8 ; 2361' ~-W. :22N¢;~:~SEE~ ~ 1619 EASTSIDE DRIVE MIAMI, FL 330~5 ~*~NO B~Z~ 33900 ' ~:; WICHITA FA~LS;TX 78301 305) 691-5000 {9~) 973 8100 ' 800 800 0932 290 2 '0", 15" Range 11.75-,2.55 ~70:a~g'00042 20~ 2 12"x 15" Ra.¢e 13.20-13.50 2 12"x 20" Range 13 10-13 50 670-089-00046 $~35;2¢ ' $1~2.68 296 1 10 11.04-11.44 67~089.00048 $705.85 306 1000'3"SDR NON-STOCK ~ ~ ~ $1.02 NO BID 307 1000' 4"SDR NON-STOCK $0,61 NOBID Page BID DUE DATE & TIME: SEPTEMBER 4. 2001 @ 5:00 P.M. (LOCAL TIME) BID OPENING DATE & TIME: SEPTEMBER 5, 2001 @ 9:00 A.M. (LOCAL TIME) /ENDOR ' t,~ 'B' V£PE A~~ ~JPPLY. INC. ~FERGUSON UNDERGROUND ~OWERS~L P PE~INE PRODUCTS ~500 N,W. 37~ AVENUE 'I 1236~ N.W. 22ND STREETI [1~9 EASTSIDE OR V~ M~M;FL.~30~5-;:'[.~: ~ ' : IPOMPANOB~CH,'F~ 33069 ~ l~CHITAFALLS,~X%6301 ' 312 80'"4 PVC Wye to fil SDR26 Sewer Pipe ~-09I~0003 ' ~ BOII X Bell x Bell ' $1!32 to bt 4 SDR2~ Sewe ' ........... NOBID 317 20 45 Degree Elbow Spigot x Bell NON-STOCK 3 9 20 22 1/2" Elbows Bell x Spigot ~5B-091-00008 ...... ~:~ ~' ,: NO BID' ' ' ' ' ~ ~' "~ ~ ~.. -c .... NO BID 3[6 ~0g' ]2"' ~- ~ ~:~-: :' ...... ........ NONj~:-'' ' ~' '~ r~. -,, '~ r~[~5- = NOBID Page 15 o1'19 h PIPE FITTINGS AND ACCESSORIES BID DUE DATE & TIME: SEPTEMBER 4 2001 @ 5:00 P.M. ILOCAL TIME) BID OPENING DATE & TIME.:. SEPTEMBER 5, 2001 ~ 9:00 A.M, (LOCAL TIME) BID #090. t 412.01/KR 'Offers from the ,}¢ndois listed herein are the only offers received timely a~ of the above r~}c~:iving da e and me A [ other offers submitted in response tO th s sotic ta on fany are hereby ~ · .................. ;-~. ~..:', AT1N;~ ~ARI)AMADOR A~NCDANTROMER~oN - -'~: ~ ~N DAVDGAELTON P~C C-900 CLASS 150 F ~ NGS ~ . ; 32,f 22 degree bends ~0~ $~;60 , NOBID 328 10 ~" 22 degree bends ~8-~88;00002 $32 87 NOBID 32[ 10 8" 22 degree bends ........... ~58.088-D0003 :- ~- :-~ ~;;$65,?~ ...~ NO BID 331 12 33~ 10 6" 45 de,ree ~nds ' ;;0:;;~-00005 . $3~.87 ~ ~ NOBID, 334 10 8" 45 degree bends NON-STOCK ~.;~' g~ ~ NOBID 335 10 10" 45 degree bends NQH-BTOCK $125.36 NOBID 336 10 12" 45 degree ~nds NON-STOCK ' '7'; ~ $~68J20'. NO BID 337 10 4" Clean Out Adaptor 338 10 6" Clean Out Adaptor .eN-sT0~K ' -:'" ....... ' i~5:/'~ * ':: ..... N0 BID" 339 10 8" Clean Out Adaptor NON-STOCK NO>_BID: ~ NO BID $26.~ NO BID ~0 10 4" x 4" Wyes 658:088~0007 ~ 1 34~ 10 ~"x 6"Wye~_ 658-088-~0008 $58.38 NO BID 343 200 l"~504Ford670-082-00007 ~ ~}~. ~'~ ~O~iD 344 50 518"x314"f1503Fo~ 670-082-00008 NOBD ~ ~ ~ ~ ~ NOBID Page 1[ 9 BID DUE OATE & TIME: SEPTEMBER 4, 2001 @ 5:00 P.M. (LOCAL TIME) BiD OPENING DATE & TIME: SEPTEMBER 5. 2001 ~ 9:00 A.M. (LOCAL TIME) BID ~090-1412-01/KR rCl¢CtC(l as lamI VENDOR .A~.~ I~1.~ ~Aj~_ D S~I~.p LY, INC. ~R~USON UNDERgrOUND P~WERSEAL PIPELINE PRODUCTS ~,.E~ 33015 ~I~OMPANO BEAGH, FL ~2~, ~ICHITA FALLs, TX 76301 356 .2 14" . . ~O~¢~OGK: ~ ~ ¢,~$~7~; 36] 15 4" Epoxy , ~QN~STDC~ ~" "$~'~ .... :;~-- ~: -~ "~ NO BID 362 50 6" , NQ~,SyQCK ; 363 6".Epoxy ' . ~ ~ ~:' ; NO BIO 369 5 12" Epoxy ~ON-STOCK $260 J.l NO BID Page 17 of 19 PIPE FITTINGS AND ACCESSORIES BID DUE DATE & TIME SEPTEMBER4. 2001 @ 5:00 P.M ~LOCAL TIME) 3ID OPENING DATE & TIME: SEPTEMBER 5. 2001 @ 9:00 A.M. (LOCAL TIME} 3ID ~090-1412-01/KR 'elected as late" VENDOR ~, & B PIPE AND SUPPLY, INC. FERGUSON UNDERGROUND ~OWERSEAL PIPELINE PRODUCTS 3500 N.W. 37TH AVENUE 2351 N,W. 22ND STREET 1619 EASTSIDE DRIVE MIAMI. FL 33015 POMPANO BEACH, FL 33069 WICHITA FALLS. TX 76301 (305) 691-5000 [954) 973-8100 (800) 800-0932 . A~T ,I'-MARIG~AMADOR :~ ..... ~iTFN; DAN THOMERSON , ~TTN: DAVID GALLITON # COMMODITY # ~j~ 90 GREE MJ-DII COMPACT W/ACCESSOR ES-ANSI-AWWA C1~3~A21,53 .......... 370 10 4" 90 De,qree MJ NON-STOCK $40.08 NO BID 371 . 2~ __ 8" 90 De~ree MJ NON*STOCK $60.15 NO BID 37~ 10 ~" 90 Depree MJ NON-STOCK ~ $87.03 NO BID 373 l0 10" ~0 Degree MJ NON-STOCK ~ $130.26 ~ NO BID 374 10 12"90 Degree MJ I NON-STOCK ' " $162,46 NO BID TEE'S M J-D/ COMPACT WIACCESSORIES-ANSI-AWWA C1531A21.53 · ~ .... ' % - 375 10 ~ x 4 x 4 Tee MJ ~ON-STOCK ~R~ ~ .NOBID 376 5 ~ x 4 x 4 Tee MJ Epoxy ~ON-STOCK $102~20 N~ BID 377 40 6 x 6 x 6 Tee MJ Epoxy qON-STOCK $82,50 NO BID 378 5 6 x 6 x 6 Tee MJ Epoxy ~ON-STOCK ~ $159.38 NO BID 37~c 10 6x6x4TeeMJ NON-STOCK ~ ~ ~ ~ $77.55 NoBID 38£ 5 6 x 6 x 4 Tee MJ Epoxy NON-STOCK ~ ~ ~ $141.75 NOBID 381 5 8 x 8 x 8 Tee MJ NON-STOCK $120.79 NO BID 382 5 8 x 8 x 8 Tee MJ Epoxy NON-STOCK ~ $246~15 NO BID 383 5 8~ X8x 6T~e MJ 'ION-STOCK ~ $~:11,8~ ' NO~t~ID 38~ 5 8 x 8 X 4 Te. MJ Epoxy NoN-sTOCK ~~ $175.92 ~1 "OBID 387 5 10 x 10 x 10 Tee MJ NON-STOCK ~~ $174.60 NO BID 388 5 lO OxSTeo NON-STOCK $19 ,08 .0E,D 389 5 10 x 10 x 6 Tee MJ NON-STOCK ~~ ~ $149.80 NO BID 390 5 10 x 10 x 4 Tee MJ NoN-STocK $143.47 NO BID Page If '9 PIPE FITTI~/S AND ACCESSORIES BID DUE DATE & TIME: SEPTEMBER 4, 200'~ @ 5:00 P.M. (LOCAL TIME) BID OPENING DATE & TIME: SEPTEMBER 5, 2001 @ 9:00 A.M. (LOCAL TIME) BID ~ .w. 22ND STRE~ 33069 PRODUCTS 301 )N "CHECK-OfF" SHEETS /IUM ORDER REQUIREMENTS DAVIT CONFIRMATION OF MINORITY OWNED BUSINESS ' · YES/YES, YES YES/NOT,:/~M] NORITY COMMENTS SEE PROPOSALS FOR LISTING OF VENDOR'S MANUFACTURERS NONE- YES YES Page 19 of 19 B ILI ATKINS, DEPUTY DIRECTOR OF FINANCIAL SERVICES ~Db~'fC DEMAUR0, WAREHOUSE MANAGER P~PM F~TT~NG$ AND ACCM$$OR~E$ *LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER WHO MEETS SPECIFICATIONS "Offers from the vendors listed hereto are the onl3 offers received BID DUE DATE & TIME: AUGUST 9. 2000 @ 5:00 P.M. BIO OPENING DATE & TIME: AUGUST 1 D. 2000 @ 8:30 A.M. BID Cf 082-1412-00/KR IVENDOR timely as of the above receiving date and time All other offem submitted in response to this solicitation, if any, are hereby rqlected as late" ~^~EMO. U.F~ERO.OU.D & EL.C*.,C SUP.qSEMSCO U.S. PIPE & FOUNDRY CO. 4250 S.W. 59TH AVENUE ].:~697 SOUTH INTERSTATE PARK RD P.o. Box 10406 ' :)AVIE, FL 33314 /RIVIERA- BEAOH. FL.- 33404 ~IRMINGHAM, AI~ 35202 [954) 583-2999 ~(561) 844-3222 I(205) 254-7052 INSERTS FOR PE TUBING (STAINLESS-SOLID TUBE FLARED END) g58-082-00005 NO B .... $.0,Z5_ NO BID $0,00 B58-082-00007 NO BID $1.15 658-082-00008 NO BID $1.21 1 1/2" Ford #54 2" Ford #55 RETAINER GLANDS W/ACCESSORIES MJ CAST IRON 570-064-00003 670-064-00005 670~064-00606 670-064-00007 STAINLESS STEEL TAPPING SLEEVES FULL CIRCLE GASKET NO BID NO BID NO BID MO BID NO BID NO BID NO BID NO BtD NO BID NO BID $109.75 $7&25 $~71.25 $204.75 6x6 8x4 NON-STOCK NON-STOCK NON-STOCK $226.52 $236.94 $227.43 $339.25 $370.75 ) BID NO BID NO BID NO BID NO BID NO BID NO BID MO BID Page BID DUE DATE & TIME: AUGUST 9, 2000 @ 5:00 P.M. BID OPENING DATE & TIME: AUGUST 10, 2000 @ 8:30 A.M. "Offers from the vendors liste~ herein are the only offers received timely as of the above receiving date and time, All other offers submitted in response to h s solicitation, if any are hereby VENDOR ~AVEMOR-UNDERGRO U N D'ScEI;EC~TRIO SUPP ~ 4250 S.W; 59TH AVENUE ......... 369~GQ~R~IN~ERS~ATEEAEKRD DAVIE, FL 33~4....~ V E~-BEACH.-F~- 33404 - . BIRMINGHAU,A~.35202 (9~) 58~-2999 .............. 10 0 x 4 NON~S~O~K ............... .$247~00 .......................... ~ - ~J~ ........... Ng~...~BID B D 27 40 W' Epoxy Coated NON~OCK - .- NO.BID . ~.~. ........ ~O-BID~ ............. NOBID 28 20 8" Epoxy Coated NON-STOCK ~NO.BID ................. 29 10 10" Epoxy Coated - . ~ YGN-S~GK. ...... NOBID ........ 30 10 12" Epoxy Coated .... NON-STOCK -~. '-NO,-BID ............ 32 20 4" ~ NO~-~_QCK - --N~:B D NQ~BID-. ~. .............. .'%NO' BiD 33 60 6" ~ NON~S~OGE ..... NO,ID .............................. ~O._BID ........ - ....... h- ..... NQ~..;BJD $795.75 NO BID Page2 of 19 PIPE FITTINGS AND ACCESSORIES BID DUE DATE & TIME: AUGUST 9. 2000 @ 5:00 P.M BID OPENING DATE & TIME: AUGUST 10.2000 @ 8:30 A.M. "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 BID # 082-1412-00/KR ected a~ late" VENDOR SAVEMOR UNDERGROUND & ELECTRIC SUPP[ SEMSCO U.S. PIPE & FOUNDRY CO. · 3697 SOUTH INTERSTATE PARK RD P O BOX t 0406 4250 B W 59TH AVENUE , ~ , ' DAVIE. FL 33314 RIVIERA BEACH~ FL 33404 BIRMINGHAM, AL 35202 (954) 583-2999 561) 844-3222 (205 254-7052 A~I'N: BILL SCHEEI'S ~,TTN; ROBERT~ HORN ATTN: J.D. PARSONS ~lJ FITTINGS WITHOUT ACCESSORIES 40i 5 3" MJ Cap without Accessories NON-STOCK NO BIO $13,25 · 41 10 . ~" Mj CaI) without Accessories NON,STOCK NO BID $t 5.25 · $27:44 42 20 3" MJ CaD without Accessories NON-STOCK NO BID $19.75 $35.77 42 10 8" MJ Cap without Accessories NON-STOCK NO BID $28.25 $46,06 44 5 10" MJ Cap without Accessories NON-STOCK NO BID $48.25 $64,68 4e 5 12" MJ Cap without Accessories NON-STOCK NO BID $55.25 $80.36 46 5 3" MJ Cap x Tap 2" without Accessories NON-STOCK NO BID $24.75 · $59.40 47 10 4 MJ Cap x Tap 2 wflhout Accessories ~ON-STOCK NO BID . $2.6,75 . $67,73 48 t 0 6'~ MJ Cap x Tap 2" without Accessories NON-STOCK NO BiD $30.25 $75,57 49 5 8" MJ Cap x Tap 2" without Accessories NON-STOCK NOBID $38.25 $86~35 55 5 10" MJ Cap x Tap 2" without Accessories '~ON-STOCK NO BID $49,25 $104.97 51 5 12" MJ Cap x Tap 2" without Accessories NON-STOCK NO BID $59.75 $12~,65 52 5 3" MJ Plug without Accessories NON-STOCK NO BID $14.25 ~1~15 53 10 4" MJ Plug without Accessories NON-STOCK NO BID $15,75 $22,54 54 10 §" MJ Plug without Accessories NON-STOCK NO BID $1L25. ~l $31.36 55 5 3" MJ Plug w thou Accessories NON-STOCK NO BID $30,25 . $51.95 56 5 10" MJ Pin9 without Accessories NON-STOCK NO BID $42 7,5 $69,58 57 5 12" MJ Pin9 without Accessories NON-STOCK NO BID $57;25 $92.12 ~ 5 3" MJ Plug x Tap 2" without Accessories NON-STOCK NO BID $24,25 $~8.9t __ 5[ 10 ¢" MJ Plug x Tap 2" W hout Accessories NON-STOCK NO BID $25.25 $32.34 6C 10 3" MJ Plug x Tap 2" without Accessories NON-STOCK NO BID $28.75 $42.14 61 5 3 MJPlu.qxTap2 wdhoutAccessones NON-STOCK NOBID $35.75 $62.23 62 5 10" MJ Plug x Tap 2" without Accessories NON-STOCK NO BID $46,55 $80.36 63 5 12" MJ Pin9 x Tap 2" without Accessories NON-STOCK NO BID $57.25 $102.90 Page BID DUE DATE & TIME: AUGUST 9, 2000 @ 5:00 P.M. BID OPENING DATE & TIME: AUGUST 10, 2000 @ 8:30 A.M. 'Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitied in response to this solicitation, if any, are hereby BID # 082-14'12-00/KR ~AVEMORUNDER6ROUND&ELEC:rRICSUPP S~EMSCO* L~;S,'PtPE.& FQLI_NDEYJ . VENDOR 4~50 S.W. 59TH AVENUE 3~97*~0~U~H I~ERSTATE..RARK RB I PJO, BOX t O40~ DAVIE, FL 33314 ~IVIE~ B~CH FL 3~40~ ~RM NGHAM AL 3~202 ~N~BIL~SGHE~S-~ ............. A~N: R I RT-H~RN ........ A~N:.J.D, ~ER~CQABAff i:u~u~ ~RO~EE~ -~l~sion Co~llngs A ........... , 66 50 4" Clay x PVC ~002-44 670=068.00003 ................ ~2~63 ............ ~ .................. ~ZS. ....... -~ . ,, , _ NO BID 67 100 4" PVC x 4" PVC ~1056-44 670.068-00004 ,$2.63 ........... $3.~5 .... , NOgb~ 68 10 6" Clay x Clay ~1001-66 670-068-00005 - $5.63 . ........ $~ 69 50 6" Clay x 4' Ol ~1002-65 670-068-00006 $6.52 ........ ~6~ ................. , 70 "50 6" Clay x 4" PVC ~1002.64 670-068-00~07 ..... $6,1 ~ $6,Z[ N~ID 72 20 6" Clay x DIP ~1003-66 - ~70-068-00009 ~ $~,63 ............... $6~5~ ............ ; NO aid 73 20 6" PVC x PVC ~1056-66 ~70-068-000~0 -$~63 ................................ $6,~5~.~ .......... NO 74 20 8"Cia xCla ~1001-88 70-068-000~ $8.~ ...................... ~9,25 ........... Y Y 75 20 8" PVC X PVC ~1056-88 ' S70-068-000~2 .... $8~6~ ............ ¢ ............ -$9~5 .............. NO..BI 76 20 8" Clay x DiP ~1003-88 670-068-000~3 $8~64 .......................... $9,2A ................... NO B)D NQ~IP 77 10 ~" PVC x AC 670,0fi~QQ015 ............. $2~63 ....................... ,~,~5,., ............... ; ..... ' 7E 30 S" C~Y x 6" AC 670,068-000~6 ...... $5,63 ............................. $6~5 ............ . .......... 79 20 S" C~Y x 4" AC ~0=068=0081-~ .................... $6¢4 .................................... ~$6~5 .............. ; ........ N~BI~ 81 10 4" Ot x 4" Ol i70,068-00020. $2 6~ ........ . : S~95_, ...........'. .. NO~6 BIOaiD 82 10 6" AC x 6" PVC 67D-06~00022 $5,63 ,:.+ ....... $6.75 FERNCO ST~NLESS STEEL - Sheer Rings ~ ¢'~f~::- ;' ''~''''*'~'~'" '~' ~ ................. " ........ Page 4 of 19 PIPE FITTINGS AND ACCESSORIES BID DUE DATE & TIME: AUGUST 9, 2000 @ 5:00 P.M BID OPENING DATE & TIME: AUGUST 10. 2000 @ 8:30 A.M. 'Offers from the vendors listed herein are the only offers received timely as of the above rece~wng date and time. All other offers submitted in response to this solicitation, if any, are hereby BID # 082-1412-00/KR rc,]ected as ate" VENDOR SAVEMORUNDERGROUND&ELECTRICSUPF SEMSCO U,S. PIPE & FOUNDRY CO. 4250 S.W. 59TH AVENUE 3697 SOUTH INTERSTATE PARK RD P.O. BOX 10406 DAVIE, FL 33314 RIVIERA BEACH, FL 33404 BIRMINGHAM, AL 35202 (954) 583-2999 1561 ) 844-3222 (205) 254-7052 A~-rN: BILL SCHEETS ~,TTN: ROBERT HORN ATTN: J.D. PARSONS 3ADDLES {Ford or APPROVED -equal to Fit Ductile Iron & AC Pipe) 8~' 10 P" x 1" CC Thread- Various Ranges 670-069-00006 NO ~B!D $~15.55 NO BID 87 10 3"..:x 1" CC Thread - Range 2.97-3.54 670-069-00007 NO BID $18.75Ii NO BID ,6 l'x - OTh,ead-Range4.26-4.73,,. 670-659-06016 NOBID $20.76 8c~ 10 ¢ x 2 IP Thread - Range 4.26-4.73 670-069-00020 NO BID $26.25 ] NO BID 9(~ 5 3" x 1" CC - Range 3.74-4.t3 670-069-00008 NO BIO $19.75 ' NO BID 91 20 ~" x 1" CC - Range 4.74-5.26 §70-069-00011 $26.65 $21.25 ] NO BID 92 10 4' x 2" IP- Range 4.74-5.26 ;370-069-00021 $29.40 $26.55 | NO BID 9;3 5 4' x 2" IP - Range 5.94-6.69 ;370-069-00022 NO BID NO BID 94 5 2" x 3/4" CC~ Various Ranges ~77~-?~(?~? NO BIO $~ 1~75 ] NO BID 95 5 4" x 3/4" CC - V~arious Ranges 370-069-00002 ~26:65I NO BID 96 5 4" x 3/4" IP - Various Ranges 370-069-00003 $26.65 ~NO BID 97 5 6" x 3/4" CC - Va~ious R~nges ~70-069-00004 $29.36 NO BiD 98 5 8"x 3/4" CC - Various R~nges 370-069-00005 $34.16 ~ NO BID 99 5 4"x 1 ~IP - Range 4 74-5 63 ~70-069-00009 $26.~5~'~ ~ ~0 B~D - 100 100 6" x 2" IP - Range 6.84-7.60 670-069~06024 $31.90~ NO BID 101 5 ?"x 1" CC - Range 11;!0-12.00 670-669-00015 $41.24 NO BID 102 5 10"x 1" CC- Range 13.20-14.38 670-069-00016 , $47.64 NO BID 103 5 12" x 2" IP - Range._ 13.20-14,38 670*669-00028 $51.08 ] NO BID 10~ 5 12~x~Y~CC~Rar~e 13-20~ 4.38 670--069~00017 ~54 NO BID I 10.~ 5 ~" x I 1/2" IP - Range 6 90-7 45 670-069-00018 $29.36 $~19,75 NO BID 10~ 5 20" x t 1/2" IP - No Range 670-069-00019 $87.54. . 107 5 3" x 1" IP - Range 9.05-9.63 670-069-00026 ...... , ...... $34.t6 NO BID 10~J 6 /2" x 22' CC - Range 12 62-14.32 670-069-00030 $51.08 NO BiD 10~c 5 -~0" x 2" CC - No Range 670-069-00031 $89.92 ~112,75 ~ NO BiD 110 100 6" x 1" CC Thread - Range 6.63-7.50 670-069-00012 $29.36 ~ * ' ~'~ '~':~%;1 NO BID BID DUE DATE & TIME: AUGUST 9.2000 @ 5:00 P,M, BID OPENING DATE & TIME: AUGUST 10, 2000 @ 8:30 A.M. "Offers from the vendors listed herein are the only offers received timely as of he above rece v ng date and time. All other offers submitted in reseonse to this solicitation, if aay, are hereby BID # 082-1412-00/KR . -rojeetecl ~ late" ~EMOR UNDERGROUND s ELECTRIC SUp~PJ ~v{~O~i ~ ,.~..;:,..L .: .~; ..' ~ _ .~ _ U.'8' PIpE & FOUNDRY CO. ~250 S,W, 59TH AVENUE ~.O, BOX 10~06~ 3AVIE, FL 33314 ' ~1~ BEACH'~ ~E' ~3404 ' ~i~MINGHAM, A~ ~5~02 ..... NOB'D' 1 ~ 1 20 6" x 2" IP Thread-- Ranoe5.~-6~69 I 5~0~069~00023 $3~.~1 ~q. · NO,BID ' 112 lO 8~, x 1~, CC Thread. Rangq.8,~-d O,~0 .... ~Q~0.Q~.8 NOB[; lta 5 10,.x.1 .CC ~hmad ~ RanoeJ 0.~.~2J 11~ 10 10" x 2" IP Thread- ~n~e ~1.~0-12.00 67~-0~00.027 $~4,04 N~ ~1~ 116 5 ' lA" x 2"1P Thread- ~nge -12.62'14,32 ~70:~r00029 $fi2.~ 117 5 14" x 2" IP Thread - No Range 670~69-00032 $60.~4 D I~8 5 , t6'~x2'~ IPThmad ~Eange.lZ.4~18,90. 670-069-00033 .~9..~8 1.19 5 . t8"x 2" IP Thm~d- No Range - 670~069-00034 · 120 5 20" x 2" [~ Thread - Range 19,25-22.70 670-069-00035 .NO BiD $[~5 . NO BI~ Accepted Models; Clow 2640, American B-84-B. MH 29T, Kennedy K81A ~21 40 ~6" BU~ - NON~S~OCK ~[~ NO BID 12~ 12' ~2" Bu~ NON~C~ ....................... ~ ........... N~BD HO~D 12~ 12 48" Bu~ NON-STOCK NQ BID NO BiD NO BID 2 - 2 1/2" Po~s NO BID 124 40 36" Bu~ . ~ON-STOCK NO BID $~50.25 125 12 42" BuW ~ON-STOCK ~ NO BID ,$995'75 NO BID 126 12 48" Bu~ NON-STOCK NO~ BID , $1,005.55 NO BID Page 6 of 19 PIPE FITTINGS AND ACCESSORIES BID DUE DATE & TIME: AUGUST 9. 2000 @ 5:00 P.M. BID OPENING DATE & TIME: AUGUST 10. 2000 @ 8:30 AM Offers from the vendors listed herein are the only offers received timel) as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby BID # 082-1412-00/KR re, lected as late" VENDOR BAVEMOR UNDERGROUND & ELECTRIC SUPPI SEMSCO U.S, PIPE & FOUNDRY CO. · 4250 $ W 597H AVENUE ~97 SOUTH NTERSTATE PARK RD P.O, BOX 10406 DAVIE, FL 33314 ~IVIERA BEACH FL 33404 B RM NGHAM, AL 35202 [954) 583-2999 (56t ) 844-3222 (205) 254-7052 ~,TTN: BILL SCHEETS ATTN; ROBERT HORN A'n'N: J,D. PARSONS 12" EXTENSIONS FOR THE ABOVE SAME MODELS - No Substitute 127 12 Mueller Improved NON-STOCK NO BID NO BID NO BID 128 12 Clow 2640 NON-STOCK NO BID NO BID NOBID 129 12 American B-84-B NON-STOCK NO BID $208,25 NO BID 130 12 M & H 297 NON-STOCK NO BID NO BID NO BID 131 12 Kennedy #K81A NON-STOCK NO BID NO BID NO BID 132: 12 ~,VK NON-STOCK NO BID NO BID NO BID =O~D BELL JOINT REPAIR CL~MP 13." 2 ¢" 670-070-00001 NO BID $74.75 NO B D 17 ._2 . ~_" . .................. 670-(~7700002 NOBID $78.95 NO'ID 13~ 2 ~" 670-070-00003 NO BID $"]07,75' ~'" ' NO BID 136 2 Iff' 670-070-00004 NO BID $133,25 NO BID 137 2 12" 670-070-00005 NO BID $144,25 NO BID 138 2 16" 670-070-00006 NO BID NO BID NO BID 139 2 18" 670-070-00007 NO BID NO BID I~O BID 140 2 20" 670-070-00008 NO BID NO BID NO BID DUCTILE IRON PiPE - SLIP JOINT - W/ACCESSORIES PER FOOT " 141 1000' 4" Class 51 NON-STOCK NO BID $6.19 142 500' 4" Class 51or46 milepoxylined NON-STOCK NO BID $13.75 $14.63 ~143 ~1000' 6"~3 aiass au NON-STOCK NOBID $8.75 $5.70 144 500' 6" Class 50 or 40 mil epoxylined ,NON-STOCK NO BiD $t4.95 $14.14 145 2000' 8"Class50 NON-STOCK NOBID $10,55 $7.93 146 500' 8" Class 50 or 40 mil epoxylined NON-STOCK NO BID $17.75 $16,37 147 500' 10" Class 50 NON-STOCK NO BID $t3,75 $10.49 148 100' 12"Class 50 NON-STOCK NO BID $16.55 $13,41 149 200' 12" Class 50 or 40 mil epox¥1ined '~ON-STOCK NO BID $23.75 $23.26 Page PIPE FITTh,~GS AND ACCESSORIES BID DUE DATE & TIME: AUGUST 9, 2000 @ 5:00 P,M, BID OPENING DATE & TIME: AUGUST 10, 2000 @ 8:30 A.M. "OtTers from the vendors listed herein are the only offers received timely as of the above receiving date ana time All other offers submiited in response tothis solicitation, if anY.. are hereby BID # 082-1412-00/KR ~'rql~¢~ as xate''' VENDOR i^VEMOR UNDERGROUN[~ F./ECTR C SUPPI ~EMSCO U.S, PIPE & FOUNDRY CO. , ~250 S.W. 59TH ~VENUE ~g~TSOUTH INTeRSTaTE PARK RD p;o. BOX 10406 DAV E, FL 33314 RIViE~ BEACH, FL 33404 ~IRMiNGHAM, A~ 35202 ~) 583-2999 (~) ~4.3222 ',~05) 2~-7052 A~N B LL SCHEETS A~N: ROBERT HORN ~ ~N: J,D. PA~sONS DUCTILE IRON PI~E-- MJ - W/ACCESSORIES PER FOOT ' , 15~ ~00~ 4~Glass~3, MJ DiP- ..................... ~ ............. ~B~ _ ....... ~11 75 ~ ,,.. .... NO.BID 151 100' ~" Class 53 MJDIP or 40 mil epoxylined NON-STOCK NQ BID $gl,2~ NO BID 15[ 100' 5" Class 53 MJ DIP NON-STOCK NO BID $12,5[ .. , ., 153 t00' '5"Class53MJDIPor40milepoxylined NON-STOCK HOBID $22.75 N0~I~ 1~ 100, 8,, Class 53 MJ DIP NON-STOCK NO BID $16.25 ~ NO BID 155 100' 8" Class 53 MJ DiP or 40 mil epoxylined NON-STOCK HO BID $28.~5 .... NO BID ~56 ~00' 10" Class 53 MJ DIP .NO~,STQCK NO BID $20.55 N~BI~ 157 100' 10" Class 53 MJ DiP or 40 mil epoxylined NON-STOCK NO BID $35.25 . .p qON-ST~CK NOBID $.4,2~ ' 158 100' 12 Ctass53MJO 160 4 4" ~ON-STOCK NO B D . HO~ID '~3'3.~ 161 4 6" nON-STOCK NO B~D NO BID ~62 4 8" NON-STOCK NO BiD NO BID 163 4 10" ~QN~ST~CK NQ ~ID NO BD .... ~,91 ~64 4 12" NON-STQCK .NO BID . NO BID $87.22 651 I NON=S.TQCK NO BID ,$62.25 166 4 ~,, NON-STOCK NO BID $9p.25 '~ ' ~5~,~5 167 4 8" NON-STOCK NO BID .~ $tt~.25 ~ ' ~ $~2.03 ~68 4 10" NON-STOCK NO BID ~ ' i{~5.25 169 4 12" NON-STOCK NO BID $ 5_ 170 2 14" NO~-STOCK ~O_BID , $240.55, 'dO. ~ID.. 171 2 16" NON-STOCK N0 BID $325.55 $286.~6 Page 8 of 19 PIPE FITTINGS AND ACCESSORIES BID DUE DATE & TIME: AUGUST 9. 2000 @ 5:00 P.M BID OPENING DATE & TIME: AUGUST 10. 2000 @ 8:30 A,M. "Offers from the vendors listed herein are the only offers received timely as of the above rece~wng date and time. All other offers submitted i~ response to this solicitation, if hny, are l~ereby BID # 082-1412-00/KR ~Jected as late" VENDOR ~AVEMOR UNDEROROUND & ELECTR C SUPP SEMSCO U.S. PIPE & FOIJNDRY CO ~50~S.W, 5~TH AVENUE 3697 SOUTH NTER. ST^TE PARK RD P O BOX 10406 DAVIE FL 33314 :tlVIERA BEACH. FL 33404 BIRMINGHAM AL 35202 954) 583-2999 ~61 ) 844-3222 (205) 254-7052 ATI'N B LL SCHEE~S ~'I3-N: ROBERT HORN ~I~N J D PARSONS 172 2 18" NON-STOCK NO SID $575.25 NO B D . 173 2~. 20" NON-STOCK NOBID $675.75 $606. t3 f5 DEGREE MJ D/I - COMPACT - AWWA #C 1531A21.16 WIACCESSORIES 174 10 :1" NON-STOCK NO BID $80.25 $37,73 17~ 15 ~" or 40 mil epoxylined NON-STOCK NO BID $120.25 $79.87 17~ 50 6" NON-STOCK NO BID $90.75 $52,02 177 50 6" or 40 mil epox¥1ined NON-STOCK NO BID $160,55 $98,98 .1~? 10 8" NON-STOCK NO BID $140,55 $76~44 17S 10 8" or 40 mil epoxylined NON-STOCK NO BID $190.25 $t27,87 180 10 10" NON-STOCK NO BID $210.55 6103,98 181 10 10" or 40 mil epoxylined NON-STOCK NO BID $230~25 $~85~22 182 5 '12" NON-STOCK NO BID $275.55 i $134,26 183 5 12" or 40 mil epoxylined NON-STOCK NO BID 6340.55 $21;8.54 '{~ 6i~G"~E M~ ~/1~- F~J~'~ 'i~D,~[~'. AVWVA #Ci53/A21JlO W/ACCESSORIES 184 10 4" 90 Degrees MJ Cast Iron ',ION-STOCK NO BID $79.55 185 20 6" 90 Degrees MJ Cast Iron ',ION-STOCK NO BID $120.55 "$~8. 186 10 8'"90 Degrees MJ Cast Iron NON-STOCK NO BID $170.25 $84,28 187 10 10" 90.[~egr~es. MJ Cast ton NON-STOCK NO BID $230.55 $125.93 188 t0 12" 90 De~rees MJ Cast Iron NON-STOCK ~NO BID $350.55 $'h56.81 TEE'S~IJ~DTI~ULL BODIED - AWWA #C153/A21.10 W/ACCESSeR ES t 89 10 4 x 4 x 4 Tee MJ NON-STOCK NO BID $140.25 ~ $59.29 190 5 4 x 4 x 4 Tee MJ or 40 mil epoxy ined NON-STOCK NO BID r$17~;2 ~ -- 191 40 ~ x 6 x 6 Tee MJ NON-STOCK NO BiD $190.55 $8t.83 19,~ 5 .~ x 6 x 6 Tee MJ or 40 mil epox¥1ined NON-STOCK NO BID $275,75 $130.34 19,'- 10 ~ x 6 x 4 Tee MJ NON-STOCK NO BID $159.55 $75.46 19,~ 5 ~ x 6 x 4 Tee MJ or 40 mil epoxylined NON-STOCK NO BID $246.25 $123.48 Page 9~ ~ PIPE FIT~i, ~)S AND ACCESSORIES BID DUE DATE & TIME: AUGUST 9, 2000 @ 5:00 P.M. BID OPENING DATE & TIME: AUGUST 10, 2000 @ 8:30 A.M. imely~a~, of ti3e a~ove rece!vin g__dg? a.qd dine: All pth~ offer~ submiffed in response to this solicitation, ifa[~~, ar_e l~er~by VENDOR , ~VfiMOR U N_[~gB~GBg~U n D ..& Et:ECTRIC ~U.~F g.S, PIPE & FOu~DR~ CO. 4250 S.W. 59TH AVENUE ~6~ ~O~TH IN~RSTXTE PARK RD P.O. BOX 104~ DAVtE, FL 33314 ~ VIE~.BEAC~ ~L 33~04 BIRMINGHAM. AL~202 ~ ......... A~H: BILL.SgHEETS A~N ROBERT HORN A~N; J~D. PARSONS 105 5 ~ x 8 x 8 Tee MJ H~_~STO. CK ~ ~[D ~196 5 _ ~ 8~x 8 x~8.Tee~J~L4OmU,~pgxyliaed. NQ~:~O~, NDBID , $305.55 ~ ~ $~2,48 19~ 5 8 x 8x.6Tee MJ BO~:~[QCK NOBID $20155 $I~8.2~ 198 5 8 x 8 x 6 Tee MJ er,,4 ~ mil epoxyl ned NON-STOCK NO BID $317.75 200 5 8 x8 x 4 Ioe MJ or 40 mil epoxylined NQB-BTOGK NOBID $300,75 $1~,35 201 5 10 x 10 x 10 Tee MJ Cast Iron NQH-SJOCK I NO B D , $325.55 _ $16~.~ 202 5 10 x 10 x 8_Tee MJ Cast Iron ~Q~-STQCK NO BID 203 5 10 x 10 x 6 Tee UJ Cast Iron NON~OCK . ~Q,B[Q , ~ $2~5~55, $~-~ 205 5 6"x4" , ~S~QGK NOBID $111 7S NOBID 206 5 8"x 6" ~gNrATOCK .NQ.BI.O $1~.25 20~ &- 8?~x-4~ ..... ~Q~=~O~ NO BIp. NO BID NO BID ~ALVSBOX~24g MARKED, ~A~ER BE~N~LER-QNLY, ,-212 50. id_for~2~al~e_Box~ Water_(flo~ -I~cking). ~ 67~;027:0~g05 NO BID $~3,2~ ~ ' N~ BID ~,~16 ~10~ M~nI~APC Marker~forWater ~Z~0=.00OO3 .... H~ BI~_ .. $12.55 NO BID 21~ 100 MiniAPC Ma~er for Sewer 6~0,080-00004 ~ BIO _ _ $~2 55 NO BID Page lOof19 PIPE FITTINGS AND ACCESSORIES BiD DUE DATE & TIME: AUGUST 9. 2000 @ 5:00 P.M. BID OPENING DATE & TIME: AUGUST 10. 2000 @ 8:30 A.M. "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitIcd in response to this solicitation, if any, are hereby BID # 082-1412-00/KR relected as la e" VENDOR ~AVEMOR UNDERGROUND & ELECTRIC SUPPI SEMSCO U.S, PIPE & FOUNDRY CO. 3250 S W. 59TH AVENUE 369~' SOUTH NYERSTATE PARK RD P.O. BOX 10406 3AVIE FL 33314 RIV!ERA BEACH, FL 33404 BIRMINGHAM Al- 35~02 1954) 583-2999 (561 ) 844-3222 (205) 254-7052 ~,TTN: BILL SCHEETS &TTN: ROBERT HORN ATTN: J.D. PAR~0N~ MJ GLAND KIT WIACCESSORIES 218 10 3" 670-~)~4-00~1i ~ NO BID $8.25 NO BI'D 219 10 4" 670-064-00012 NO BID $9.75 NO BID 220 10 ~" 670-064-00013 NO BID $11,25 NO BID 221 870-064-00014 $13.76 222 20 10" 670-064-00015 NO BID $16.95 NO BID 223 10 12" 670-064-00016 NO BID $t8.55 NO BID 224i 10 14" NON-STOCK NO BID $35.75 NO BID I 225 10 16" NON-STOCK NO BID · $40.75 NO BID UNIFLANGE OR EQUAL W/ACCESSORIES 226 10 4" 670-082-00002 NO BID $26.25 NO BID 227 10 6" 670-082-00003 NO BID $27.75 NO BID 226 10 8" §79-082-00004 NO BID $37.55 NO BID ' 229 5 10" · ~70-082-00005 NO BID $68.75 NOBID 230 5 570-082-00006 NO BID $80,75 NO BID 23t 5 3" ~70-082-00001 NO BID $21,75 NO BID FORD REDI CLAMP ' 232 100 3/4" x 3" 70-077-00001 $3.48 $7,25 NO BID 233 20 3/4" x 6" .~70-077-00002 $6.48 $9.55 NO BID 234 20 1/2" x 3" ~70-077-00003 $3.39 $7.25 ' NO BID 235 100 1/2"x6" ~70-077-00004 $6.29 $9,55 · NOBID 236 100 ~70-077-00005 $3.79 $7.45 NO BID 237 100 1" x 6" ~70-077-00006. . . - $6,91. $9,7~ " NO BID 238 2O 1/4"x 3" ~70-077-00007 $3.91 $7.25 , NO BID 239 20 1/4"x 6" ~70-077-00008 $7.43 $10.75 NO BID Page 1" PIPE FIT'h',~dS AND ACCESSORIES BID DUE DATE & TIME: AUGUST 9. 2000 @ 5:00 P.M. BID OPENING DATE & TIME: AUGUST 10, 2000 @ 8:30 A.M. "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, ii a~y are hereby BID # 082-1412-00/KR re, lecteaas rote". , . SA~/EMfl~i, ijjjUE~;~/Di~_&~.E_i.E§T?LC_S_UP_?J SEMSCO O.S. PIPE & FouNDRY CO. VENDOR ~,~ .......... ~7 ~UTH INTERSTATE PARK RD ~.0. BOX 10406' 3AVIE. FL 33314 ~ ~ ~E6CH FL 3~404 . ~IRMI~G~M. 354)583-2999 ....... ~1) ~4-3222 . ~ 7205j 2~4052 ' ............... , ~N; BILL SCHEE~S ~N: ROBERT HORN ~N: J;D. PARSONS 240 20 1 1/2" x 3" ~70-0Z~,O00D9 ...... .~A9 ~ $7,25. -~4~ ~0 ~I/2~6, ............. ~7~=077-nnn~n ................ $6.0~ .... . .~1~,75 NoB~D 242 50 2" x 3" Z0=~I~0~IA ......... SbA 9 $~,95.~ HO BID 24~ 50 ~"x 6" ~70-077-0D012 . . ~$10,29 $~2.2~ 245 2- - ~226~23815-000 2"x 15": 2,35-2,63 670-089-00002 ~5~93 $5L5~ ....... N~, BID. 246 2 2" x 15" Range 2.35-2,63 670-08~00003 , ,. $35.93. $5L55 NO'BIb 248 2 2 1/2" x 15" Range 2,70-3.13 670-089-Q~005 $40J3 , $57 55 . 249 2 3" x 7 1/2" ~nge 2.97-3.25 670~089-00~06 ~2.79. $34,~5 NO BID 250 2 ," x 7 1/2" Range 2.46,3.70 670-08940007 .$~.0 $35.75 25t 2 3"x 15" Range 2.73-4.00 670-089-00008 $3~ 21 $62.55 ....... ~b 81~ 252 5 3" x 15" Range 2.97-3.25 ~, 670=089=~0Q09 , $~8~79 $62.25 .... , 'N~ ~1~ ' NO 253 5 3" x 15" Range 3.46-3.70 ~70-08~000~O ..... -~$,~S'97- r $6~ ' 2~ 2 3" x 15" Range 3.96-3.25 370,089=000~ 1 ....... $~D,~6 $60.~5 255 2 34" x 15" Ranfle 3.73-4.00 .... 370,~9=000~Z ............. ~$A0~3_4 ...... $62 75 .... _ ....... ~ZO~08~O~O~ ~ ................ $~0,3j ....................... 257 2 V' x 7" Range 4.74-5A4 570-089-00014 - ~23.9~ $~7,55 NO, BID 25~ 2 l" x 7 1/2" Range 4.74-5.14 670-089-00015 $23.97 ;~ ~:"~ NO BID $24.16 ........ $3~.~5 25{ 2 ~" x 7 ~/2" Range 4.95-5.35 610-089-00016 26( 2 4" x 15" Range 4.45-4,73 610:0B9:000.17 ' $42 08 ~:, ~- ~g~ ~ ' '~O BID 261 2 4" X 15" Range 4.75-5.t4 670-089-~0018 . ~42,29 ~ , -262 2 - 4.~.~S~Range.~5~ ............... 67~08~000J9 ................ ~..~$~-~, .... ...... - ~.75 263 2 ~" x 7 1/2" Range 6.~-7.64 670-089-00020 $28.12 . $44,55 NO BID Page t2 of 19 PIPE FITTINGS AND ACCESSORIES "O~ers from the vendors listed herein are the only offers received BID DUE DATE & TIME: AUGUST 9. 2000 @ 5:00 P.M. timely as of the above receiving date and time. All other offers BID OPENING DATE & TIME: AUGUST 10. 2000 @ 8:30 A.M, submitted in response to this solicitation, it'any, are hereby BID # 082~1412-00/KR rejected as late" VENDOR SAVEMOR UNDERGROUND & ELECTRIC SUPP SEMSCO LI.S. PiPE & FOUNDRY CO. 4250 S.W. 59TH AVENUE 3697 SOUTH INTERSTATE PARK RD P,O. BOX 10406 DAVIE. FL 33314 I~ V ERA BEACH FL 33404 BIRMINGHAM, AL 35202 (954) 583.2999 (561) 844-3222 i205) 254-7052 , A~FN: BILL SCHEETS ATTN; ROBERT,HORN ~I'N: J.D. PARSONS 264 2 6" x 10" Range 6.84-7.24 `370-089-00021 $38,29 $49,75 NO B D 265 2 6" x 10" Range 7.45-7.85 `370-089-00022 $38.29 $57,55 NO BID 266 2 6" x 12 1/2" Range 7.64 ,370-089-00023 $45.44 $62.25 NO BID 267 2 6" x 15" Range 6.56-6.96 370-089-00024 $49.85 $67.75 NO BID 268 2 6" x 15" Range 6.60-7.00 ~70-089-00025 $49.85 $73.55 'i~O BI~D 269 2 6"x 15" Range 6.84-7,24 370-080-00026 $50.05 $73.55 I~10 BID 270 2 6" x 15" Range 6~84-7.64 }70-089-00027 $50,0S $73.55 ' NO BiD 271 2 6" x 15" Range 7.05-7.45 670-089-00028 $50,13 " $73.55 NOBID 272 2 6" x I5" Range 7,46-7 85 670-089-00029 $50.22 $73 55 NO BID 273 2 6" x 30" Range 7,45-7.85 670-089-00030 $110.89 $160.25 NO BID 274 1 8" x 7 1/2" Range 8.99-9.39 670-089-00031 $33.86 $41.25 · NO BID 275 2 B" x 7 1/2" Range 8.99-9,79 670-089-00032 $43.75 $50.75 NO BID 276 2 8" x 10" Range 8 99-9 39 670-089-00033 $45.61 $53.25 NO BID 277 2 `3" x 10" Range 8.99-9 79 670-089-00034 $54.74 $65.75 NO BID 278 2 B" x 10" Range 9.27-9.67 670-089-00035 ~44.08 $65.76 NO BID 279 2 `3"x 12 1/2" Range 9.70-10.10 670-089-00036 $5Z62 $73.25 NO BID 28( 2 3"x 15" Rankle 8.99-9,79 670-089-00037 $78.91 $88.5~ NO BiD 281 2 3" x 15" Ranpe 9 27-9 26 670-089-00054 $60.23 $88,55 NO BID Range 670-O89-00055 $4O.28 $53.75 NO BID 2E~ 2 10" x 101' Range 11.10-11.90 670-089-00056 $72.22 $68,75 NO BID 284 2 10" x 12 1/2" Range 11.04-11.44 670-089-00057 $63.32 $78.75 NO BID 285 2 t0"x 12 1/2" Ran,qe 11.75-12.15 670-089-00058 $63.51 $122,25 NO BID 286 1 10" x 15" Range 11.04-11.44 670-089-60038 $72.85 $9t.75 NO BID 287 1 10" x 15" Range 11.10-11.90 670-089-00039 $t02.77 $91,75 NOBID / Page I? ~19 i,1 s PIPE FITI...~S AND ACCESSORIE BID DUE DATE & TIME: AUGUST 9, 2000 @ 5:00 P.M. BID OPENING DATE & TIME; AUGUST 10, 2000 @ 8;30 A.M, timely as of the above receiving date and time All other offers subm ted n response to this solicitation, if an[ ar~ hereby ' U.S, PIPE & FoUNDRY'CO. VENDOR AV~_ ~ ~ N~ R~ U~ E~ ~l~_~l ~EMSCO RlVlE~ BEACH~ F~ '33404 Si~MIN&'HXM, AL 3~2'0~ ~.~1~ FL 33314 ....... ~) 583;29~9 (~6~) 8~4-~222 [205) 2~-7052 ~;~BILL. S~EE~S. ~N; ROBERT RORN ~: J.D. PARSONS' 289 2 10" x 15" Range I~75-t2,15 ~ 290 2 10"x 15 Ran,e 11.75-12.5 ---my- ................... "6BID 291 2 10' x 10" Raoge 1t.34-11.74 ~70,088;~00~3 $~.68 . ~. $~:0~;~; 292 2 12"x 15" Range 13.20-t3.50 6~0~08~00~4 . ~$8~QZ .... $10~.2~ No BI~' 29~ 2 12"x 16" Range 12.62-13.02 670,~-0~5 $1,42.25 294 2 12" x 20" ~nge 13.10-~ 3.50 670-089:00046 $~20;02 $1~8,25 NO B D 29[ 2 17"x 15" Range 17.65 6~Q-08~000~47 ' -$~¢9.25 ' ~0 BID 296 1 10"x 10" ~nge 11.04-11.44 [70-~8 $~,65. ...................... $68.55 ...... .~. ;:~ B~D 297 I 20" x 15'~ Range 21.52-22,27 ~ZD~Q~_49 $174.11 $220.25 ......... ~0'~D 298 I 22" x 15" Range 22.72-22.87~ ~9~0050 , $295,04 ..... $225 25 NO B D - 209 I ~ ~- x.~': Range 25.70-26.90 670r~89=00051 $4t3.59 . NO BID NO'BID 300 I 30,, X 30" Ranfle 31.14.32.34 6~0-089r00052 "0BID ~OBI6 t - ~ON~STOCK ~ NO B~D ~O BID 302 ~ ~228-20192315-001 18" ~OU,SIOCK ~ ~ N~ 303 I 42"x 30" Range 43,9045.10 ~zb~ODO~3... ~ ~ NQ BID. 305 1000~ Z"SDR ~Q~_ID~ .................. NO,BID ...... $~5~ ~OBID NON-STOCK NOBID : ,' ' : $I.05' ' NO 306 1000' Y'SDR ~ ~ '~ ?"* ~"' NOB~D 307 100 , ¢" SDR ~C~. 30E 1000' "SDR NON*STOCK N9 B~D $;;85 . Page 14 of 19 PIPE FITTINGS AND ACCESSORIES "Offers from the vendors listed herein are the only offers received BID DUE DAlE & TIME: AUGUST 9. 2000 @ 5:00 P.M. timely as of the above receiving date and time. All other offers BID OPENING DATE & TIME: AUGUST 10, 2000 @ 8:30 A.M submitted in response to this solieitatiom if any, are hereby BID # 082-1412-001KR rejected as late" ~/ENDOR SAVEMOR UNDERGROUND & ELECTRIC SUPP SEMSCO I U.S. PIPE & FOUNDRY CO. 4250 S W 59TH AVENUE 3697 SOUTH INTERSTATE PARK RD P.O. BOX 10406 DAVIE, FL 33314 RIVIERA BEACH, FL,33404 - ' BIRMINGHAM, AL 35282 (954) 583-2999 561) 844-3222 ..... 205) 2E4-7052 ATTN: BiLL SCHEETS ATTN: ROBERT HOI3N I &TTN: J.D. PARSONS. 311 80 ~" c.g. Adaptor 658-09%00002 NO BID ........ $.6,35 ~ NO BID 312 80 $" PVC Wye to fit SDR26 Sewer Pipe ;58-091-00003 NO BID 3ell x Bell x Bell $7,75 NO BID 313 10 3" PVC Wye ~ON-STOCK NO BID $16.25 NO BID Bell x Bell x Bell , . ir 314 50 45 Degree Elbow Sp got x Be §58-091-00005 NO BfD to fit 4" SDR26 Sewer Pipe $4:T5 NO BID 315 100 4" Cleanout Threaded Plug §70-087-00003 NO BID $2~15 NO BID 316 2(~ 5" Cleae~ouJL Ibreaded Plug _ §70:0-87=901)04 ..... ND, BID ..... $4,;15. , NO BID 317 20 45 Degree Elbow Spigot x Bell NON-STOCK NO BID ' to fit 6" SDR26 Sewer Pipe .$6,95 NO BID 318 10 45 Degree Elbow Spigol x Bell NON-STOCK NO BID to fit 8,, SDR26 Sewer Pipe $29.25 NQBID __ 319 20 !2 1/2" Elbows Bell x Spigot 558-091-00008 NO BID to fit 4" SDR26 Sewer Pipe $5.95 NO BID 320 10 22 1/2" Elbows Bell x Spigot 958-091-00009 NO BID - !?.f.it?'/ SLUR2§ Sewer Pipe $9,45 NO BI0 321 10 22 1/2" Elbows Bell x Spigot ',ION-STOCK NO BID . . to fit 8" SDR26 Sewer Pipe $22.25 NO BID PVC C-900 CLASS 150 SEWER PIPE DR 18 PER FOOT 322 1000' 4" '.ION-STOCK NO BID $2.05 NO BID 323 4000' 6" '.ION-STOCK NO BID $3.55 NO BID 324 4000' 8" NON-STOCK NO BID $5.75 NO BID 325 200' 10" NON-STOCK NO BID $9,25 NOBIB 326 200' 12" NON-STOCK NO BID $12.75 NO BID Page 1'- \9 BID DUE DATE & TIME: AUGUST 9.2000 @ 5:00 P.M, BID OPENING DATE & TIME: AUGUST 10. 2000 @ 8:30 "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this sobcltatlon, if any, are hereby VENDOR ..... SAYEMORUNBERGROUND.&.ELECTRIC-SUP-R- SEMSCO .................. U.$. pIPE & Fou~qDR~' CO. {9~)~83~2999 ..... ,. ~ A~N;BILL-SCHEE~$ .............. A~. EOB~%.HOBN ......... A~N: J,D. PARSONS P~C C-900 C~SS ~ 50 FI~INGS ........ ....... ~ ....... , -327~ "- t0'"' 4'~degme-bendm ................ NQN-ST~C~ ................. ~Q.BIQ ......................... $~ ........... NO BID 328 10 6' 22 degree bends 658-088-00002 NO BID ~4Z75 32g 10-' 8,~2.degmo+bends 668-088-00003 .... ~O~BI.~ ............................. $6~.~- NO BID 330 10 10" 22 degree bends NON-STOCK NO BID $223,25 O31 10 12" 22 degree bends ~ NON-STOCK , ~O. BID- ............ $~3.~5 ..... NO BID 332 10 4" 45 degree bends 658-088-00004 NO BID $2~,2~5 N~ B~D 33~ ~10 6,~45.degme,bend~ . 658-088-00005 ~ NO.ID ............... $3.~.5~5 NO BID 334 10 8" 45 degree bends qON-STOCK NO BID $~9~5 ~0.~ -335~ ~0. ~o"~5--de9ree-bends qON.ST~K .......... Hg.B~D .................. $2~.5~. NO.BID 336 10' 12" 45 degree bends ........ ION-STOCK- ...................... NO, B!~ ............................. $~0~ .... ~ NO BI~ -337 '10 ~ 4"CleamOut-Adaptor~-.- ~ON STOCK- ..................... ~O~BIQ .......................... ~3~.5 ~ ~I'D $19.25 338 10 6" Clean Out Adaptor ~ON-STOCK NO BID . ~O BID 339 10 8" Clean-Ou~Adaptor ......... NON-SIOGK- NO BID. ........ NO BID 340 10 4" x 4" W~es ~58-088-00007 NO BI~ $26.25 ---34'1' 10-- ~r6"-Wyes ....................... 6~&088-00008---- ,..NO.BI~-- ............................. $66.25 ........... 342 10 8" x 6" Wyes 658-088-00009 NOBID $92.2~ · ~-3~,~ ~200--~ 'l"~04-~rd .......................... 67~0,~-0000~ ~' ~-~.~ ~ ~ ~-~-.~:~:~"~.: ............... '- ................. ~3~5 ....... ~ ~O ~lO 344~ 50 15/8" x 3/4" ~503 Ford I~:D~2-09~8 .L $5.29 .. ...... } $9~{~ ' ~BID Page 16 of 19 PIPE FITTINGS AND ACCESSORIES BID DUE DATE & TIME: AUGUST 9. 2000 @ 5:00 P.M. BID OPENING DATE & TIME: AUGUST 10. 2000 @ 8:30 A.M. 'Offers from the vendors listed herein are the only offers received timely as of the above receivi~)g date and time All other offers submitted in response to this solicitation, if any, are hereby BID # 082-1412-00/KR 'ciected as late" ? & FOUNDRY VENDOR S~VEMOI~ U[~DER~RQU~D & E~ECTRIC SUPE SEMSCO S. pIpE CO. 4250 S.W, 59TH AVENUE :t697 SOUTH NIERSTATE PARK RD P.O BOX 10406 DAVIE, FL 33314 F~iV ERA BEACH,, FL 33404 BIRMINGHAM AL 35202 (954) 583-2999 [56.1 ) 844-3222 . _ (205) 254-7052 ATTN: BILL SCHEETS ~,TTN: ROBERT HORN ^TTN: J D. PARSONS MJ-D/I~qHORT PATTERN COMPACT SLEEVES W/ACC ES S ORIES-ANSI-AWWA Cl 531A2!.53 ' $33~32 346 4 4" NON-STOCK NO BID 347 4 6" NON-STOCK NO BID ~NO BID ~45.67 3~8 4 8" NON-STOCK NO BID NO BID $58.3t 349 4 10" NON-STOCK NO BID NO BID $77,9i 350 4 12" NON-STOCK NO BID NO BID $87.22 MD-D/I-LONG PATTERN COMPACTSLEEVES WIACCESSORIES-ANSI-AWWA CJ 53/A21.53 351 4 ¢" NON-STOCK NO BID $59,25 $40.18 352 4 3" NON-STOCK NO BID $86.25 $56.35 352 4 ~t" NON-STOCK NO BID $102.55 $72,03 354 4 10" NON-STOCK NO BID ,$122.55 $92.12 35~ 4 12" NON-STOCK NO BID $141,25 $tt0.74 35~ 2 14" NON-STOCK NO BID 1,$286.25 NO 357 2 16" NON-STOCK NO B!D $310.25 $286,16 358 2 18" NON-STOCK NO BID $530,25 NO BID 35~ 2 20" NON-STOCK NO BID $605.25 $606.13 45 DEGREE MJ-DII COMPACT WI ACCESSORIES-ANSI-AWWA C153/A21.63 O BI 360 10 4" NON-STOCK N D $67 25 $37.73 361 15 4" Epoxy NON-STOCK NO BID `$80.25 $79.87 362 50 6" NON-STOCK NO BID $82.55 $52.92 363 50 6" Epoxy NON-STOCK NO BID $135.55 $98.98 364 10 8" NON-STOCK NO BID $106.55 $76.44 36~5 10 8" Epoxy NON-STOCK NOBID .... ~6~!.~ ' $t28.87 366 ~0 10" NON-STOCK NO BID $134.25 $tO3.88 3.6,7 ~ !? · 10" Epoxy NON-STOCK NO BID $201.25 $185.22 368 5 12" NON-STOCK NO BID $165.25 $134.26 369 5 12" Epoxy NON-STOCK NO BID $262.25 $218.54 Page 1~ ~,[9 BID DUE DATE & TIME: AUGUST 9. 2000 @ 5:00 P.M. BID OPENING DATE & TIME: AUGUST 10. 2000 @ 8:30 A.M. "O~fers from the vel~dors listed herein are the only offers retired timely asx)f the above receiving dale.and thne, Al[other offers submilted in response to this solicitation, if any, arch~by. BID # 082-14t2-00/KR rojecma, a~mt~o SEMSCD ~, ....... J~S. PIPE & FouNDRy Co. VENDOR AVEMOR UNDERGROUND & ELECTRIC SUPP 4250 S.W. 59TH AVENUE :~6~?~S.O.O.T.H~ H~.R*~q:,~TE PARK RD a,O. BOX 10406 DAVIE, FL 33314 R v E~ BEACh, FL 33~04 ~IRMINGHAM, AL 35202 A~; BILL.SCHEETS _ ; A~a;.ROB~RT~ ~R~... ~N: J.D, PAR~NS -~3~+ -~0--" ~90.Begme. Md ...................... NO~,S~O. CK .................... ~O~lB ................ ~ .. , SB~,~, $58.31 372 10 8" 90 Degree MJ NQN,$~OC~ .............. ~ ............ $114.25 $84,28 373 10 10" 90 Degree MJ NON-STOCK ~Q ~B_ $156.25 .. ~ ., $1'25.9~ 374 10 12" 90 Degree MJ - NON,S~OCK ................. ~O. BJQ ......... $187.55 375 10 4 x 4 x 4 Tee MJ NO~.S~OCK. ........... ~-~ ............... ~88.55 $59,2 376 5 ~ x 4 x 4 Tee MJ Epoxy qON-S~OCK ~BIQ ............ $110,25 $1~3.39 377 40 6 x 6 x 6 Tee MJ Epoxy ~ON,S~OCK ~D ............. $! t 1.25 $81.83 378 5 i x 6 x 6 Tee MJ Epoxy NOU,S~OCK .......... ~.B~ ......... $~.2fi $t 30~4~. -- 380 5 ' 6 x 6 x 4 Tee MJ Epoxy NON-S~OCK .............. ~O. BID ................ $[41,~ $123.~8 .__ 381 5 8 x 8 x 8 Tee MJ NON-STOCK ............ UO.B~D $~!~7,75 . 382 5 ~ x 8 x 6 Tee MJ ' N~N-ST~CK ............. ~Q~BID .................. r ...... ~1~' ~ ~8.29 38~ 5 ~ 3-~8~'6 Tee M&Epoxy .............. N~..~._ K .......... NO~BI~ ......................... ~J~8.~ $t~ 17 386 5 5x 8x 4 Tee MJ EpOXy ~ON~$~OGK ..................... ~Q BID, .................. $~72 25 387 5 10 x 10 x 10 Toe MJ NON-STOCK NO B D . ' . 388 5 10 x 10 x 8 Toe MJ NONrSTOCK NO B D $1~Q.25 ...... ;" $149.94 389 5 10xl0xaTeeMJ NON-S~OCK ~ . NOeD ,, ' " ,$1Z~5. " {1~4.~5 390 5 10 X 10 x 4 Tee MJ NON-STOCK - NQ~B , $~69,25 , ' ~ ' ,' ' ' $~38.67 PagelSofl9 PIPE FITTINGS AND ACCESSORIES BID DUE DATE & TIME: AUGUST 9. 2000 @ 5:00 P.M. BID OPENING DATE & TIME: AUGUST 10, 2000 @ 8:30 A.M "Offers from the vendors listed herein are tile oniy offers r~ceived timely as of the above receiving date and time. All other offers submitied in response to this solicitation, if any, are hereby BID # 082-1412-00/KR r~iected as late" VENDOR SAVEMOR UNDERGROUND & ELECTRIC SUPPI SEMSCO U.S. PIPE & FOUNDRY CO. 4250 S.W, 59TH AVENUE 3697 SOUTH INTERSTATE PARK RD P.O. BOX 10406 DAVIE, FL 33314 RIVIERA BEACH, FL 33404 BIRMINGHAM, AL 35202 [954) 583-2999 {561 ) 844-3222 (205) 254-7052 ~TTN: BILL SCHEETS ATrN: ROBERT HORN ATTN: J.D. PARSONS PERCENTAGE DISCOUNT OFF LIST PRICE SEE NOTE *ITEM BY ITEM BASIS ADDENDUM #1 ACKNOWLEDGED NO YES CALENDAR DAYS 30 15 *SEE NOTATION SPECIFICATION "CHECK-OFF" SHEETS YES YES YES MINIMUM ORDER REQUIREMENTS $100.00 *SEE NOTATION ANTI-KICKBACK AFFIDAVIT YES YES YES/INCOMPLETE CONFIRMATION OF MINORITY OWNED BUSINESS YES/NOT A MINORITY YES/NOT A MINORITY YES/NOT A MINORITY OWNED BUSINESS OWNED BUSINESS owNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES YES YES COMMENTS DISCOUNT PAGE NOT *Stock to 50 calendar days SUBMITTED *Reserves right to reject award fo SEE PROPOSALS FOR LISTING OF VENDOR'S NO MINIMUM less than entire material group ~ MANUFACTURERS *See attached letter Page PIPE FITTINGS AND ACCESSORIES BID #~ AWARD SHEET ..... $238 95 NO BID Page '~21 PIPE FITTINGS AND ACCESSORIES BID #~ ITEM A & B PIPE FERGUSON POWER'` ~1 ~[ ~ ~ §~Si~. U:S.' PE .i]HI~EI~UND ~- - ~ :~, ~ & FOUNDRY .. _, ~_ , . ~:~:~ ~, D~ . 38 $596.00 . _ ~D~ ......... .,, .N:O. BID , $Z95;75 NO BID Page 2 of 21 PIPE FITTINGS AND ACCESSORIES BID #~ AWARD SHEET ITEM A & B PIPE FERGUSON POWER- sAVEMOR ~ S~MSCO u s. PIPE UNDERGRouN # :~ ~I.~E ~_. U N D.E~R~R~UNp ~:i8~E~: ' D . & FOUNDRY 4639 ': : $~0;005'~5'00 N6=~'~'D. .... ' 6:6i:6 ~ $9'~5;.75 NO BID ~0 .~:!D ~O BID $~ ~¢25 $i 6.44 '~4 ' ~3~50 ' -NOBD NQ:_BiD _ .$~8~5 $64;68 45 $~3.50 ' ~0 BID NO BID $~5J25 $80.36 46 $" 8:48 NO BI;D _NO..DJD ' $24.:75 $59 40 ~7 ~ ~8~ ' ~No:~B'~.9 '--~:B]D ~'~.~5 - .$67.73 48 $2~.~7 ~. NOBiD No BIO_ $30;25 ~5.57 50 $43.45 NO BID MOB D $49;25 . $104 97 51 ' $52,94 ~ NO BID NO B D $59;M5 $120 65 52 $10.00 NO BID NOBID - '$14.25 53 $10.50 ~ . N0 BID NO BID :$1~5,75 $22,54 54 $1~;50 ~ ~ ~ NO B D NO B~D $J7;25 $31,36 55 $25.00 ~ ~ NO B!D ~' Nb ~' D Sa0 25 $51_95 ~' $3~6;~0 ~ N°BiD :'~' NOBID $42:75 $69.58 ' ~ 'NO B D ' N© BID 57 $46.00 ~ " $51.25 $92.12 Pag! ~/21 PIPE FITTINGS AND ACCESSORIES BID #~ ...... : AWAROSHEET Page 4 of 21 PIPE FITTINGS AND ACCESSORIES BID #~ AWARD SHEET ....... :~;t5 25 ,$~25; . "NO BID 81 -$2:48 ~ NQBD $2:'6'3 ' ;$3;95 NO BID 82 ~'~:~ NOB1D $5..6~3-' $6:~z 5 NO'B: D- 83 .... $4,57 -~- $5.39 ~ ~'~D ' ~.~ NOBiD :: , .--_ - ,-, NO BID 87' ,-. ~ -~ N6*BiD .... NO BID '~ $'~-~.76 NOBID ~ NUB D 2 ' $ .=0.~5 NO BID 9~-' : "~:76 ~'~;B~D' $26;65 ~: :~::2~' NO B'D 9~ -' $'~;7.85 ""O.~'D ~ "$29,~0.~', ,' $2 ~;'5,5 NO BID 98 $17.65 $17.85 BbBiD NOBID , NO aiD 94 $10j58 ~ No,BIB; ",~' R~-BID ' $~'~;75 NO BID 95 $13.76 NO,BID $26.65 $13 95 NO B D Pag~ t 21 PIPE FITTINGS AND ACC ESSORIES BID #~ ~ . ~. · . . AWARD SHEET . ~ ~ , US PPE - '"~'='~ , ~ - - $~25< NOB D Page 6 of 21 PIPE FITTINGS AND ACCESSORIES BID #090-1412-01/KR AWARD SHEET TEM A & BPIPE FERGUSON ~OWER. sAVEMOR SEMSCO ' U.S. PIPE !-~5 · ~$2~9:65~ : ,. '- N~':~tD ~ .,$4~.,0~ , $~&85 NO BID -t~o : ue~e~:~_-. :~:~:~!,~ , $:s~.54 ', No~D 124 -NO :~ID .... ~-5'B]5' ' ' 'N~' ~-F6" : $~6~25 NOBID ~ ' N0 BiD ' NOBiD NO BID $995.75 NO BID 1~6 NOBID ]~ ~B~D ; .NQ.BI~D $~,005 55 NO BID 128 N~'BID "' /~"'B:i~D] NOBI:D ', NoB'ID NO BID 1~9 ' "~ ~ 7' ' .] 'N'~;~i;5 ~ $205:25 NO.BID 130 ~0~iD ; ,OBID N~ .BiD :' HO'BD NOBID 131 N°'~lb NO-B~D NOB D - NOBID NO BID 132 NO BID NQ;;Bt:D NO BID NO BID NO BID Page:' ' '~f 21 PIPE FITTINGS AND ACCESSORIES BID #~ .................................. AWARDSHEET ~::':~37~ ~ ~ ~ .BF~ ~e~- .~-~'"' ~' ~: - $5.70 ~ . . . ........... :$ ,93 ~'~,~ ~ ~ -~a~ ....... "~'~'Al~nl'~~' '-~: .... :~: ~D~ ~'"~ ~ ~' ~:~: ~w~ ' ~ 151 "" OM ITED . ~,~D?,.~ ~ N~ B D $~!.25 NO BID Page 8 of 21 PIPE FITTINGS AND ACCESSORIES BID #090-1412-01/KR AWARD SHEET ~,~ ...... ~ ....... UNDE~GEDUND: '-~EA~' ~ 'UNOLE~R-~UND* ",, ,, ~ - ' &FOUNDRY NO-BID' 1:53 0M'i~TED ~;;"~1:9. ;N~7~, D '$22.75 - NO. BIO : ~:eMl~ NO: ~ D NO BID, $~:8~;~ ,NO B D " M,i~ N0 BiD N0 BI~D - NO a D 1~1 ' $/'6.45 Nb ~ib No. Bib ~6'BiD - $45,57 163 $79:42 NOBID OBID~ ' $77. ~. ~s.~ ~ h~b ~i~ NOm~ -" ~o mo $87 22 $57.~ N,Q $56.35 166 44 B~D 167 $7;3,43 ~ ~ NQ_BID _ NO'BIQ~ _ $11025 $72.03 168 $93.90 NOBID NQBJD $~25~25 $92.12 169 $112.89 ~ ~ BIp ' NO B D $150 75 $~ 10.74 170 $250.74 ~ ~ ~OBID NOBID $240.55 NO BID Page r ~21 PIPE FITTINGS AND ACCESSORIES BID #~ ......... 2 -NOBID ' Page lOof21 PIPE FITTINGS AND ACCESSORIES BID #~ AWARD SHEET Page ' ~r 21 PIPE FITTINGS AND ACCESSORIES BID #~ ...... AWARD SHEET ITEM A & B PiPE FERGUSON POWER- SAVEMOR ~EM,' 0 U:~ PIPE 227 ~Z.,89 ~ 2: 5- ;...N.Q BiD , $2~2Y~ NQBID Page 12 of 21 PIPE FITTINGS AND ACCESSORIES BID #~ AWARD 'SHEET ITEM & B ¢~U~ON POWER- SAVEMOR ' U.S: ~IPE ~' ~ ~;7~ .... ~.,~'r~:-:-..- NO BID $~7.55 N© BID- 237 $6:02 $6~9t ~ $9~75 NO B D 241 $ .30 ~ ~' :~ ~ $8;04 $!0.75 NO BID - $ NO BID 243 $~::~6 ':$~;~: ~j -$~0.~9 ' $12.25' ' NO BID 24~ $'~'3- $~::~2 ~ ~ ~' -$2~;~0' $31.75 NO BID 54~ $4~;2~ ' $39.62 ..... ~;~---' 7 $57;5~ NO BID 246 $48.23 $39.62 . $35,93 $57.55 NO BID Page ' ~./t' 21 PIPE FITTINGS AND ACCESSORIES BID #~ ITEM A ~ P PE FERGUSON~ .. - .~ ..P~.O~NER, _ S ~' ~EM~GO ; U.S. PIPE ~¢ ~ ~ ~ BID 265 $64.13 $35.74 $,38.29 $5Z.55 NO BID Page 14 of 21 PIPE FITTINGS AND ACCESSORIES BID AWARD SHEET ~ ~ ' :L.~.~-..L. ~ BN~ND ~UN~-~R~UN~ '~]'~,Z 7, & FOUNDRY ...... ~ ~" -~ :$~5~44: $62.25 NO BiD 26Y ':~:;~-~ ..... 'f~:~.:~?:'"' $~¢.85 ': $~6~.75 'N© BID ~ ~ ~ $4:~85 ~ $-73~55 NO BID $7,,~]3. ~4:~0 . .$ {,13 ~$Z3~5 NO BID ...... $4! ;25 NO'BID 278 ~0:~4 '-:~b $44.08 - $,6~:75 N?B.ID ~7~ '- '~i'~4' "':;" ::/-: ~' $52:62 ~'7~'r25 NO BID :-'~' ~'" - ~:41 : '--~8;7~7 ~ ~ :$~2'~52: ' ~ $68.75 NO BID 284 $89.41 $58.93 ~ $63.32 $78.75 NO B D / Page' )~f21 PIPE FITTINGS AND ACCESSORIES BID #~ ~RD~SHEET ITEM A &~B PIpE i. FERGUSQN ~ ~: - =~M~ u;~.. , ~::~*~' ~:~ ?' ~"~ -~ gQ.B~. ~:~ '? J. ~D~BI 'N© BID - Page 16of21 PIPE FITTINGS AND ACCESSORIES BID #090-1412-01/KR AWARb SHEET - 305 306 "-:'~'i:.~' ~I¢~'~I'E)- * Nb'BiD ' ~:1~0§ NO BID 368' , '$'J~:1;48 ' N~ B'jD ' 'NO-~ID :$;t 8;5. N© BID :~0:9 : '=''~-~.-~:4":: = 'N'O"~jb ' -i~'E~i~ .$~;~:~'~ 5 . 'N© BID -3~1;3 ! L ' $:;~;~.:.. .:N.QzBtD .! ..,BO,BID $J6,~5 NO BID '3'14' ' '"' ~0'r ' ; ~N~ :~i'D ' i;'lb--I~iD ; '$4!75 NO BID 315 ' ~ ='.$:1:.9~ ' iq'0-a'D : NOBID $2 15 NO BID ;---~'~ ...... i$~-2:~' *' I~b ~iD N0 BID $~§:25 ' NOBID 320 ;7 *$E'~ '1~ -B'ID - NOBID $9r~' NO B D 321 ,~ $22.'39' ~b~8ii~ " '~U'Bi'9 ' '$22.25 NOBID 322 $1.21 NO BID NO BID $2.05 NO BID Pag( ~of 21 _/ ~, / L..) PIPE FITTINGS AND ACCESSORIES BID #~ AWARDSHEET ~ 'i¥'E'~ ~'~[!~-'i6i~i~ FE'~[JSON ~OWER- , ~ ~.E~O U,S, PrPE~ . r3~ ~;~8 . ~ :,;~?iD:: ~-.. N°BI'D ' I '~::2S NO BID Page 18 of 21 PIPE FITTINGS AND ACCESSORIES BID # -~- AWARD SHEET i~=M' ~ ~:-&B~iPE Fi~RGUSON · ~i~.~ ~'~:~R ~MS~b ' U,S: PIPE 3~2 - $~72 ~ B D NeB D $g~5 NO BID 345 ~;.~'. ~$.'---~_;~ '~ '~,'b::lD ' ;NO BiD NOBLE ~ NOBLE 3~6 $~,96 . :N0~ BID~ . NO.B~D NO: BID $33.32 , $87.22 . ~O:BiD' $~,:02.55 ' , ~ ~ $93;90 : N,0~~ ,, ,N0:~iD $.]~22,55, ~$92.12 355 ~'Z~9 '~ ~h~O~:~ib. ~O;BiD $~4~,25 $~0.74 ~5'~" $~:.~4 _ N~ei.e . . -~0BD ~ $~86,25 NOB, D ~'~1 : - ' N;O:B:i'~ ~ : i,D ,' $3:~0.25 $286,16 -358 , ~'~3',89 : NO B ~D ~ NO'BID ' $53~0;25 NQ BID ~9 '$6~8 R~ . ' ~O-Bi:D ...... $~-05.25 $606.13 360 $38:46 NO'BID 'NO BID $67,25 $37.73 Page ',f 21 PIPE FITTINGS AND ACCESSORIES BID #090-1412-01/KR 379 ,~7.~,5~ . :~,.:_:'_ .:_.:.~Q_BID $~05.55 $75.46 Page 20 of 21 PIPE FITTINGS AND ACCESSORIES BID AWARD SHEET ITEM A & B PIPE FERGUSONPOWER- SAVEMOR SEMsco U.S. PIPE # PIPE UNDERGROUND SEAL UNDERGROUND & FOUNDRY 380 -'$~i.~5 NO BID NOBiD $!;41~55 $123.48 381 $;1'20179 NO BID ~O BiD $147 75 $1t7 11 382 $246,15 NO BiD N~ BI D $194,55 $172.48 3E~3 ? : $i 11.82 N'~BiD No BID $138,25 $108.29 384 $2'15.38 NO BID N° BID $188.55 $163.17 385 $103.38 NO BID NO BID. . $130.25 $100.45 386 ~'~(~'9~ NO BID NO BID $172.25 $~t54.35 387 $174.60 NO BID NO B D $199.25 $168.56 388 ~?~'~ ~ $155.08 NO BID NO BID $180.25 $149.94 389 $149.8-0 -I'~O~ -BID NOBID $17555 $14455 390 ~'~"'~ '~ ~ $143.47 NO BID NO BID $169.25 $138.67 Page' T21 Requested City Commission Meetan~ Dates [] Ju~,~ t7.2OOl [] August 7,2001 [] Angust 21, 2001 [] September 4, 2001 NATURE OF AGENDAITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office July 5, 2001 (5:00 p.m,) July I8,2001 (5:00p.m.) August 8,200I ¢5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October2.2001 [] October t 6, 2001 [] November 6. 2001 [] Administrative [] [] Consent Agenda [] [] Public Heating [] [] Announcement [] [] City Manager's Repor~ VI.-CONSENT AGENDA ITEM B.3. Sep Sep Develepn ant Plans New Bu hess Legal Unfmisbe~ Business Presentnti6n Da: .~ Final Form Must b~-~urne3q ,-~ in to City Clerk's OI~ce -- ~ graber 5. 2001 (5:00 p.rm) ~ xnber 20. 200I (5:00 p.m.) ber 3, 2001 (5:0C p.m.) ber 17, 200t (5:00 p,mA RECOMMIgNDATION: A motion to approve the sole source purchase of the ANNUAL SUPPLY OF POLYPHOSPHATES from Shannon Chemical Corporation. for an estimated annual eXpenditure of $32,000.00. (Bid #010-2821-02/KR) EXPLANATION: Polyphosphates are used at the East and West Water Treatment Plants the distribution systerm This product has been competitively bid in the past: however, thcs and are specific formulas for each treatment plant. This makes it difficult to objectively e the manufacturers use proprietary formulas. Also, due to the use of different formulations back" other bids for this blended product. Robert Kenyon, Deputy Utility Dir~ recommendation (see attached Memo #01-239). PROGRAM 1NIPACT: Shannon Chemical Corporation of Malvern, PA, has provided poll seven years with continued good service. Different formulations have been tested over th{ suppliers; but, Shannon Chemical's works the best. Shannon Chemical has offered to products, at the same price us last year, for an additional two (2) years (see attached letter). or stabilizing the water in products are not generic raluate these chemicals as we are unable to "piggy- ctor, concurs with this ~}hosphate to the City for past 20 years from other supply these sole source FISCAL IMPACT: East Plant - Formula #SNC-N2 ~ $0.647 and West Plant - Formula ~ISLI-6120 ~ $0.687 DESCRIPTION ACCOUNT NUMBER PROCESS ClllgMICALS 401-2811-536-52.35 Deputy Director of Financial Services Procurement Services Department Name EST. ANNU~ EXPENDITURE City Manager's Signature City Attorney / Finance - Human Resources cc: Bob Kenyon, Deputy Uti!ity Director Barb Conboy, Administrative Coordinator File S:XBULLETINkFO RM S~AGENDA ITEM REQUEST FOP.2Vi. DOC MEMORANDUM Utilities #01-239 TO: FROM: Bill Atkins~ Procurement Services Bob Kenyon'~ ~eputy Ut/liti~:; ¢irector D~- DATE: October 3,2001 SUBJECT: Purchase ot~ Polyphosphates Sole Source Award Agenda Item Polyphosphates are used atthe East and West Water Treatment Plants for stabilizing the water in the distribution system. These products are not genetic and are specific formulas for each treatm~i~i Plant. We have competitively bid this product each year since 1992. It has been difficult to objectively evaluate these chemicals as the manufacturers use proprietary formulas for these:blended ~/0ducts. We have tested different formulations in the last 20 + years from Other suppliers.~!~!~hann°n~hemical Products has been our supplier for seven 4- years and the proc(t~ct per(drms the best and continues to give us good service. They arealso the polyphosphate ~U:pplier tq:,.the Cities of Delmy and Lake Worth, but we are unable to . · , ,, ~?~ :!, , . . ~ggyback those contracts as they use different formulataons. We recommend/i~Svarding the;polyphosphate purchase to Shannon Chemical Corporation based on sole m~rce fo3 ~e specific polyphosphates used at both treatment plants. We anticipate usingi~ppr°.ximatekY 36.500 lbs. of SLI-6120 at the West Plant and 10,700 lbs. of SNC,N2 at ~e~Eas~ plant. Shannon Chemical is ~v[lling to continue last year'S Comm~smon apl~oycd e~¢tmgtual pnce of the chermcals for the next two years of $ .687 per POund ~0r ~,~l~oiaiad ~ .647 per pound for SNC-N2 for an anticipated annual cost of $32,000.00 ~:-: ' Please place tiffs item on the next City Commission agenda for approval. Funds are available in acqount #401-2811-536-52-35. If additioual information is needed, please contact Bob Ker~0n'~t ext 6402 or Dave Ailst0ck at ext. 6453. /gb Attachments Xc: Dale Sugerman Barb Cortboy Dave Ailstock UTI£1Tj£§" Specializing in LEAD and COPPER Corr~ September 10, 2001 City of Boynton Beach Water Treatment Plant 4569 W. Boynton Beach BlvcL Boynton Beach, FL 33437 Attenuom Mr. David Ailstock, Chief Operator Subject: Polyphosphate Bids Dear Dave, I understand that the City of Boynton Beach will be accepting bids for water treatment chemicals sometime in the near furore. Every two years there is confusion surrounding the polyphosphate bid and/or bid specifications. Several companies submit bids on different products. Some price quotes are on a per pound basis and some quotes are giyen as a price per gallon. T~,~ p, roducts all have different phosphate concentrations and vavfing potyphosphate to orth.~phosphate ratios. This makes the award process difficult for Bob Kenyon and your purchasing department. The products in current use at both the East and West treatment plan products. This means that they are product formulations specifically desig~ CHEMICAL CORPORATION for yom finished water quality. No other suppliers have an equal or alternative product to the specific formulations' SHANNON CHEMIGAL CORPORATION offers to continue to supply tN are sole source ~ed by Srmmao~ m~mfacturers or ~u are feeding~ City of Boynton Beach with SLI-6120 (West Plant) and SNC-N2 (East Plant) at the sam contract pnce as last year, $0.687/# (SLI-6120) and $0.647/# (SNC-N2), for an additiqnal 2 year period beginning 10/1/01 and ending 9/30/03. All terms and conditions will remain the same. Shipmen~ are received within 7-10 days ARO., Thank you for your interest in SHANNON CHF_~CAL CORPCI~TIO~ S products and serwces. SHANNON C~CAL CORFORATION Daniel C. Flyun Vice President-Operations Post Office Box 376 · Malvem, Pennsylvania 19355 o (610) 363-9090 o Fax: (610) 524-6050 / VA-CONSENT AGENDA CONSULTANT AGREEMENT FO1 ITEM B.4. REVISED AGREE/~ENT REAL ESTATE ADMINISTRATOR SER',, .... THIS CONSULTANT AGREEMENT, ("Agreement") is entered into by and b,e, twee,,n the City of Boynton Beach, a Florida municipal corporation, hereinafter referred to as !City, and THE URBAN GROUP, INC., a Florida Corporation, hereinafter referr{d to as "Consultant", and in consideration of the mutaM benefits, terms, and conditions hereinafter specified, the parties agree as follows: SCOPE OF SERVICES. Consultant agrees to perform the services i& for Quahfications RFQ No. 075-2413-01/KR, which is on file in the including the provision of M1 labor, materials, eqmpment and supplies. TIME FOR PERFORMANCE. Work under this contract shall comme written notice by the City to the Consultant to proceed. Consultant shal in a timely manner as directed by the City, and provide all work pmduc this Agreement. 3. PAYMENT. The Consultant shall be paid by the City for completed rendered under this agreement as follows: Payment for the work provided by Consultant for each individual provided on the rate scheduled attached hereto as Exhibit "A", px amount of payment to Consultant for one project shall not excee~ 00/100 dollars ($10,000.00) without City Commission approval. The Consultant may submit vouchers to the City once per month d' the work for partial payment for project comI')leted ~o date. Su checked by the City, and upon approval thereof, payment will be ml in the amount approved. ~tified in the Request City Clerk's Office, :e upon the giving of perform ail serv/ces required pursuant to ~ork and for services ect shall be made as ~vided that the total · Ten Thousand and tring the progress of vouchers will be to the Consultant Final payment of any balance due the Consultant of the total contrac~ price earned will be made promptly upon its ascertainment and verification bythe City after the completion of the work under this agreement and its acceptance by the City. do Payment as provided in this section shall be full compensation services rendered and for all materials, supplies, equipment and inc: complete the work. The Consultant's records and accounts pertaining to this agreen available for inspection by representatives of the City and State for years after final payments. Copies shall be made available upon reqm OWNERSHIP AND USE OF DOCUMENTS. All documents, drawing other materials produced by the Consultant in connection with the sen this agreement shall be the property of the City whether the project for Page 1 of 5 ~r work performed, dentals necessary to ent are to be kepl ~ period of three (3) St. 3, specifications and ices rendered under lhich they are made DNT:dnt S:\CAXAGMTS\The Urban Omup Conaul~,nt Agreon~nt.do~ ~s executed or not. Yhe Consultant shall be. permitted to retain copies, including reproducible copies,: of drawings and specifications for information, reference and use in eonnecnon with Consultant'S endeavors. COMPLIANCE WITH LAWS. Consultant shall, in performing the services comemplated .- . lo~,r~ ,~rrli~aneeS anC~ t~htiOIls~ ghl~ are appll~a agreement. INDEMNIFICATION. Consultant further agrees to indemnify, defend, a~d- hold harmless the City, its offices, agents and employees, fi:om~ and against any and ~! claims, losses or liabiiity, or any p0~iofi ~..e,r~eqf, inc~udi~g:attomiys feesi and c0St;,~ atitl~e jtdai ;ina appellate or ~lure of the Consultant. ...... ,~ .... ,,^_+ .~,n secure and maintalrt.in ~force throughout the durati°n °f_ $500000 per occurrence and '$!,000, . g~g ~ P:~ ~ ,. :' : .V t , ' , ~. ' ' ;liaioili insurance m me amoun e/a e te for property damage, and pw~ess~onat~ ry occurrenc ggr ga ,. of $ ,00o,0OO. Said general liability po!icy shall name the C.i!~y of Boymon Boach as an additionai named insured and shall i~clude a provisi°n Prohibiting cancellation of said policy oxeept upon dars v io , itten notic CitY. etti cates as r;.q ired by $. to this agreement. considered:to create the relationship of employer and Neither Consultant nor any employee of Consultant emp ' shall be entitled to any benefits accorded City employees.by virtue of the sermces provided under this 2ity shall not be raspons~le for withholding or otherwise to the state indnstrial deducting tax or s6clal an employer with respect to Consultant, insurance program, or any employee of Consultant. ,~rWENANT AGAINST CONTINGENT FEES. The Consultant warrants that .he has ,not 9. ~r~;l~ed or retained any comPanY Or :Person, other than a bonafide employee working smety e Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay for th - - . ; -~ , ......... V;na soleI;~ for the Consultant, all Or erson, otllor tllan: a oonalla¢ omptoy;; ~,~,txxs ~ ~. . . any comp y P or any othercons~derataon contingent of this contract. For breach or violation of this warranty, the City shall have the nghi t discretion to deduct fi:om .the. c0ntract price ,or ~cffn,~si~d~[~t2o. o~,~ro~ cff;enT~;~};j' tile amount of such fee, commission, percentage, DroKgrag~ ~.~, r~ , ~ DN~':dnt S:\C A'xAGMTS\Th¢ Urban Group Consultant Agreement.doe Page 2 of 5 10. DISCREMINATION PROHIBITED. The Consultant, with regard to tlc ~t under this agreement, will not discriminate ~n~the, grounds of race, religion, creed, age, sex or the presence of any physmal or sensory hah and retention of employees or procurement of materials or supplies. 11. ASSIGNMENT. The Consultant shall not sublet or assign any of the this agreement without the express -¢a'itten consent of the City. e work performed by :olor, national origin, flicap in the selection services covered by 12. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision 13. ~ This Agreement shall commence on the date of execution of the Agreement by the last ?arty to ex,ecute thi. s Agreem. ent and nm for an initial one (1) year term: This Agreement may oe renewen upon the mutual consent of the parties for two (2) additional one (1) year terms. Any agreement to extend the Agreement shall only be effective if placed in writing and executed by both parties. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving memb{[s of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegofiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. APPLICABLE LAW AND VENUE. This Agreement shall be interpre accordance with and governed by the laws of the State of Florida. concerning this Agreement shall be in Palm Beach County, Florida. 16. NOTICES. Whenever either party desires to give notice to the other, su writing, sent by certified United States mail, postage prepaid, return rec, hand-delivery with a request for a written receipt of acknowledgment ol :ed and construed in Cenue for litigation :h notice must be in tpt requested, or by delivery, addressed to the party for whom it is intended at the place last specified. The ph ce for giving notice shall remain the same as~ set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR CITY: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Arm: City Manager FOR CONSULTANT: The Urban Group, hie. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, FL 33316 Arm: Howard W. Steinholz, President Page 3 of 5 DNT:dnt S:\CA~AGMTS\The Urban Group Consultant Agreement. doc 17. 18. AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the.City and.Consultant- or contained in be It is 19. INCORPORATION BY REFERENCE.. The truth and accuracy of each "Whereas" clause set forth above iS acknowledged by the parties. The attached Exhibits ,A bad are incorporated into and made a paJt of this Agreement. 20. MULTIPLE ORIGINALS. This Agreement may be executed in three (3) copies, each of which 'shall be deemed to be an original. · made and executed this Agreement, · . . . . . boYFdthrlNWITNESSWllEREOF, thepart~esheret°have O;ayghlot~' THE CITY OF BOY2ffrON BEAC. H .th~;ough its .City Conm~.~.ssto,~nff~_rs, l S~acg~ong Mayor or Vice Mayor, authorized to execute same oy vuasu . , 2001, and THE URBAN GROUP, INC., signing by and through its representative authorized to execute same. CITY OF BOYNTON BEACH THE URBAN GROUP, INC. Mayor Consultant Attest/Authenticated: Title City Clerk Page 4 of 5 (Corporate Seal) DNT:dnt S:\CAkAGMTS\The IJ~an Group Consultant Ag~eemen~doe Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary STATE OF FLORIDA ) ) SS: COUNTY OF ) ON THIS day of ,2001 before me, th~ undersigned notary public, personally appeared , personally known to me, or who has produced as identification, andis 'the person who subschbed to the foregoing instrument and who acknowledged that (s)he e~ecmed [he same on behalf of said Corporation and that (s)he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC My Corrtm/ssion Expires: Print or Type Name DNT:dnt Page 5 of 5 The' Urban Group, Inc. 1424 South Andrews Avenue, SUite 200 Fort Laud~erdale, Florida 33516 JOB CLASSIFICATION RATES Job Classification Real Estate Administrator Real Estate Services Specialist Services 2001 Rates 122.94 108.48 108.48 82.44 75 1 126.63 111.73 9~88 108.48 111.73 86:78 89,39 79.55 8~,94 65.08 67:04 57. 50.62 52.1'4 53:71 43~39 44.69 ~.03 2003 2004 Rates 130.43 134.34 115.09 118.54 118.54 71.12 63:22 55:32 47,42 65~09 67.04 69.05 71.12 47:01 48.42 49.87 51.37 39L05 40,?.2 41 43 42.67 115.71 119.18 122~76 126.44 86.78 89.39 92.07 94.83 36.16 37.24 38.36 39.51 .Pa, ge I Revised 10110/01 PROJECT RIGHT OF WAY RIGHT OF WAY RIGHT OF WAY ADMINISTRATIVE MANAGER SENIOR AGENT SUIT COORDINATOR SUPPORT TOTAL ~,$K 1 I~uds Assessment Survey 8 40 ~$K 2 Parcel Aoquls#lon 12 264 100 103 104 105 106 ~,$K 3 Parcel Relocation 104 105 107 )TN. HOURS )TAL COST )pies 1000 copies at $.07 pe¢ copy Total Expense 84 3O4 Sub-Total (Lump Sum) Expenses (Lump Sum) TOTAL MAXIMUM].UMI~SUM: ?0 10 0 O 66 90 211 127 764 4 2 1 100 211 142 830 $0.00 L:~ProJecls19916~TA l~houdoad.xls , P,.e~O~t ed City Comm~on Mce~n~ Dates [] luly 17,2001 [] August 7, 2001 ] Augus~ 21, 2001 [] September 4. 2001 VI.-CONSENT AGENDA I~EM B.4 CITY OF BORON BEACH AGENDA ITEM REQUEST FORM Dat~ Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.} July 18. 2001 (5:00 p.m.) A~gust 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 Requested City Commission Meeting Dams [] September 19,2001 [] Oato~r 2, 2001 [] Ootober 16, 2001 [] November 6, 2001 Oe~ber 3,2001 (5:00 p~m.) NATURE OF AGENDA iTEM . Adminislxative [] Dev¢lopr~ent Plans Consent Agenda [] New Business [] Public Hearing [] Legal .~ Bids [] Unfinished Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award a one year contract (with two one-year renewal options) to The Urban Group, Inc. of Fort Lauderdale Florida for Real Estate Administrator SerVices in response to RFQ. #075-2413-01/KR. EXPLANATION: The City solicited proposals from professional serVices firms to provide real .estate administrator serVices. The Urban Group, Inc. of Fort Lauderdale, Florida was found to be the mos! responsible provider of those serVices and the firm was ranked nun~ber one on the City's seleFtion list. Since the number one ranking negotiations for those seal/ices have now been completed. Attached to this agenda item ~equest form is the City's standard professional services contract, a copy of The Urban Group's original proposal in response to our Scope of Services request, and a rate sheet showing the negotiated hourly rate to be charged by The Urban Group, Inc. Th=e. Lcontract for services, as proposed, is written as a one year contract With the option for two one year renewals. This will give the City the opportunity to extend this professional serVices contract it We find it to be in the best interest of the City. Each individual engagement for serVices will be built around an "Effort Hpur Estimating Form". Depending on the type of actual serVice performed, The Urban Group wlll bill the City only for th~ actual hours approved (in advance) and then worked. Any engagement for services that exceeds $10,000.00 will be forwarded to the City Commission for approval before the actual engagement is undertaken. S:~BLV~LETINWORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM I~IPACT: This program will allow the City to buy and sell land, acquire easements and manage and maintain property through the use of an anonymous third party working on our behalf. It will also give us. an Opportunity to control data, i~formation and r~cords regarding property and services of The. Urban Group ~ FISCAL IMPACT: Funds for this engagement have already been encumbered' for FY' 2001-2002. The City Commission has already authorized a line item in the Engineering Department not to exceed $85,000.00. Should the CRA desire to uSe the services 6f'The Urban Group, Inc., funds for their activities wi I need to be taken from the CRA budget. The contract is being written as a one year contract with two one-year renewal options. Each of the succeeding renewal years ~have an escalation in the hourly rates for the various services provided Each succeeding contrac! year would also need to have an appropriation of funds by the City Commission to continue the contract'. ALTERNATIVES: Not to authorize a contract for real estate administration services with The Urban Group, Inc. Engineering .Department // Cit~.~r'C6~¢y I Finance / Human Resources RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA, AUTH~ THE .MAYOR AND CITY CLERK TO EXEI CONSULTANT AGREEMENT FOR REAL ADMINISTRATOR SERVICES (RFQ ~075-241 BETWEEN THE CITY OF BOYNTON BEACH A URBAN GROUP, INC., AND PROVIDING AN EF DATE. DF THE ~RIZING UTE A ESTATE -01/KR) qD THE ECTWE WHEREAS. the City solicited proposals from professional ,-rvices firms to provide 'eal estate administrator services, and The Urban Group was dele :mined to be the most responsibie pro~der of those sermces; WHEREAS, tins program will allow the City to buy and sell, [and, acquire easements and manage and m~intain p~oPerty through the use of an anonymom third party working on our behalf; ~ NOW, THEREFORE, BE IT RESOLVED BY eT. HE CITY COMMISSION OF THE CITY OF BoYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynt~n Beach, Florida does ~hereby authorize and direct the Mayor and City Clerk to approve andl execute the Consultant Agreement for Real Estate Administration Services (RFQ #075-2413-01/KR) between the City of Boynton Beach and The Urban Group, Inc., which Agreement is attached hereto as Exhibit -A'. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~.TTEST: City Clerk day of November, 2001 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner CONSULTANT AGREEMENT FOR REAL ESTATE ADMINISTRATOR SERVICES ' ' into b and hetween THIS CONSULTANT AGREEMENT ~, '.('?Agreement ) ~s .entered y ,, , the City of Boynton Beach, a Florida rn~C.ipat c0rp0~afion,'.~er-ein~fter referred to as City', ' ' ' · '~ ' " taut" and THE IJRBAN. GRO:'~"U?, tN¢.; a'Flonda~:~o.rp0!.atmr~;.k_ere/nafter~ferred to as Consul , and in consideration of the mutual benefits} terms, and conditions hereinafter specified, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on E.x, hibit · ~'A' attac-h~a he~e~0, including the Provision of~!l labor, ma~i eq~e~. ~.:a~..~i$~pphes. TIME FORPE, RFORMANCE. Work under this contrac~ shall cornmen? upon the giving of ~t~en noti~ h~ the City ~ the Consul. tan't tO Pr0ceed.'C0nSal~ant shall 'perform al! services in a timely ~6r;as' air,etna i~y the c[tY~ ~dlpiov{~te all Worl('proClfict'/req.~i,~ ~uant,to this Agreement. 3. PXYMENT. The Consultant shall be paid by the City for completed Work and for services rendered under this agreement as follows: Payment for the work,~,r,o, vided bY C0nsultant for each individual pr°j eot' shall be made as provided on Exhibit B attached hereto, provided that the total amount of payment to Consultant for one project shall not exceed Ten Thousand and 00/100 dollars~ ($10,000.00). Approval by the City commission is required prior to commencement ot any work associated with the specific project. The Consultant may submit voUchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. Payment as provided in this section shall be full compensation for work performed, services rendered and for all mater/als, supplies, eqmpment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. OWNERSHI? AND USE OF DOCUMENTS. All documents, drawings, specifications and other mater/als produced by the Consultant in connection with the services rendered under this agreement shall be the property of the Cit.',' whether the project for which they are made Page 1 of 5 DNT:dat C:~Documents and Sett~n gs~lamannarBLocal Settings\Temporary Intemet Files\OLKC6\The Urban Group Consultant Agreement.doc is executed or not. The Consultan~t Shall/bespatter!to. te~ ~a~nl ~ copies, including reproducible copies, of drawings and specifiC~6ns for informatiOnl refer~f/ee and use in connection with Consultant's endeaVors. COMPLIANCE WITH LAWS. Consultant shal~, in performing the seiwices comemplated by this service agreement, f~iithfially observe and comply with all federal, state and local laws, ordinances and regulations that are'aPPlicable to the services tO be rendered uncter this agreement. INDEMNIFICATION. Consultant further agrees to indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, Or any portiOn thereof, including attorneys fees and costs, at the trial and appellate l~vel, ar/sing from ir/jUry 0r death to persons, including injuries, sickness~ disease or Math to Consultant s own employees, or damage.to, property occasioned by a negligent act, omission or failure ofthe Consultant. ! INSURANCE. The Consultant shall secure and maintain in force throu, g~ out the duration of this contract comprehensive general liability insurance with a mmlmum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injuryi and $500,000 per occurrence/aggregate for property damage, and professional liability insurance in the amo~mt of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include ~ provision prohibiting cancellation of said ~olicy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section Shall be delivered to the City within fifteen (15) days of execution of this agreement. INDEPENDENT CONTRACTOR~ The Consultant and the City agree tt at the Consultant is an independent contractor with respect to the services provided pursuan to tiffs agreement. Nothing in ttfis agreement 'shall be considered to create the relationsbJ p of employer and employee between the parties hereto. Neither Consultant nor any emp]oyee of Consultant shall be entitled to any benefits accorded City employees by virtue of tl: services provided under tiffs agreement. The City' shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to ~he state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide emplqyee wortfing solely for the Consultant, to solicit or secure this contract, and that he has not p~id or agreed to pay any company or person, other than a bonafide employee working solely, for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the fight to annul this contract without liabihty or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Page 2 of 5 DNT:dnt C:~Documenrs and S ettings~lamannar~Local Settings\Ten~orary Interact Files\OLKC6\The Urban Group Consultant: Agreement~doc 10. DISCRIMINATION PROHIBITED. The Consultant, with regard ~o the work performed by it under.this agreement, w!ll not discriminate on the g~gunds of race, color, national origin, religion[ creed, age, sex oi- the presence Of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 1 L ASSIGNMENT,.-,Thc Consultant sh~l/not,,subkt .or a~s~gn any of the services covered by i2. NON-WAIVER. Waiver by the City of any prowsion of this agreement or any time lirm'tation provided for in this agreement shall not constitute a waiver of any other provision. 13. TERM. This Agreement shall commence onthe date of execution of the Agrecment by.the last Andy 'a~eff~e~}' t6 'e>~iend" th~: ~Agree~hent Shall only 'be effecff~z~, i~:plaged~:.in.,writi~g and executed by both parties. 14. TERMINATION, a. The City :r~ecwes'the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. hu the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of fi'ds agreement if requested to do so by the City, This section shall not be a bar to rene~otiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. APPLICABLE LAW AND VENUE. This Agreement shall be interpreted and construed in accordance with and g0vemed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Palm Beach County, Florida. 16. NOTICES. Whenever either party desires to give notice to the other, such notice must be in writing, sent by .certified United States mail, postage prepaid, return recmpt requested, or by hand-delivery with a. request for a written receipt of acknowledgment of deliver, addressed to the party ~or whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR CITY: City of Boymon Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Atto: City Manager FOR CONSULTANT: The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Fort Landerdale, FL 33316 Arm: Howard W. Steinholz, President Page 3 of 5 DNT:dnt C:kDocuments and Settings2 amannarkLocal Settings\Temporary [nternet Files\OLKC6\Th¢ Urban Group Consultant Agreemen~.do¢ 17. 18. AMENDMENTS. No modification, amendmem, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the City and Consultant. PRIOR AGREEMENTS. This document incorporates and includes al~ prior negotiations, correspondence, conversations, agreements, and understandings appli{~a~le to the matters contained herein and the parties agree that there are no commitments,-- agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the ~erms or conditions contained herein shall be effective unless contained in a written document in accordance with Section 17 above. 19. INCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas" clause set forth above ~s acknowledged by the parties. The attached Exhibits "A" and "B" are incorporated into and made a part of this Agreement. 20. MULTIPLE ORIGINALS. This Agreement may be executed in three (3) copies, each of which shall be deemed to be an onginal. IN WITNESS WltEREOF, the parties hereto have made and executed this Agreement, THE CITY OF BOYNTON BEACH through its City Commissioners, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board actiori on day of , 2001, and THE URBAN GROUP, INC., signing b~, and through its representative authorized to execute ~ame. CITY OF BOYNTON BEACH THE URBAN GROUP, INC. Mayor Consultant Attest/Authenticated: Title (Corporate Seal) City Clerk Page 4 of 5 DNT:dnt C:'~Doc umcmt~ and Settings~larnarmarkLecal Settings\Temporary Interact Files\OLKC6\The Urban Group Consultant Agreemc-nt.do¢ Attest/Authenticated: .~. Approved as to Form: Office oflhe City:Attorney Secretary STATE OF FLORIDA COUNTY OF SSi ON THIS ' day of , 2001 before me, the undersigned notary public, personally appeared , personally known to me, or who has produced as identification, and is the person who subscribed to the foregoing instrument and who acknowledged that (s)he executed the same on behalf o~said Corporation and that (s)he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC Print or Type Name My Commtssion Expires: Page 5 of 5 DNT:ctnt c 5Documents and SettingsXlamannax Local Settings\Temporary Interact Files\OLKC6\The Urban Group Consultant Agreement.doc V1~A FACSTI~lZLE # (561) 742-6298 October 10, 2001 Dale S. Sugarman, Assistant City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Subject: Real Estate Administrator Serv ces ~RF(~' # 0~5-2413:01/KR Dear Mr. Sugarman: Pursuant to our conversation, :[ am forwarding a Job Classification rate spreadsheet for you to review. This "form is based on the Scope of Services within the RFP.~ Along with the rate schedule, is a Cost Estimate WorkSheet that w be used to establish ~he fee for each Task Assignment. The fee Will be negotiated with each TA. . .lim Nardi is the project Point of Contact for further discussions, andl Task Assignments. Tf .]im is unavailable, T will be the Alternate Point of Contact. My1 E-mail' address is hsteinho z~theUrbangroup.com. My te ephone number is (954) 522~6226L Yours truly, THE URBAN GROUP, INC. Howard W. Steinholz ~ President, CEO Accompanying Documents Cc: 3im Nardi, Vice President, TUG Bruce Bradley, SR/VVA, Right of Way Manager, TUG The Urban Group, :~nc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 The Urban Group, Inc. 1424 South Andrews Ave Fort Lauderdale, JOB C LASSIFICAT1ON RATES Job Classification Real Estate Administrator Real Estate Services Acquisition Admihistmtor Sr. Real EState Agent Right of Way Agent R~l°cati0n Ser~c-~s- Specialist nt Services 2001 2002 2003 2004 Rates Rates RateS Rates' 122.94 126.63 130.43 134.34 108.48 111.73 ' '1,15,09 ' '; ;118.54 88.23 90.88 93.60 96.4'1 108.48 111.73 115.09 118;54 82.44 84.92 ~7.47 90,09 75,21 77 47 99,7§ ~,1~9 108.48 · 111.73 1~15~09 11~8~54 ~86.78 89.39 92.07 ~4.83 79.55 81.94 ~.40 86.93 65.09 67.04 69.05 ~1~12 57.86 59.59 61.38 50.62 52.14 53.74: ~..32 43.39 44.69 46.03 47.42 65.09 67.04 69.05 71.12 47.01 48,42 49.87 51,37 39.05 40,22 41.43 42.67 115.71 119.18 122.76 126.44 86.78 89.39 92.07 94.83 36.16 37.24 38.36 39.51 Page 1 Revised 10/10/01 ~-Oct-01 ~,SKS EFFORT HOUR ESTIMA'~. ,~ORM LETTER OF AUTHORIZATION 01 City of Boynton Beach Palm Beach County PROJECT RIGHT OF WAY RIGHT OF WAY MANAGER SENIOR AGENT RIGHT OF WAY SUIT COORDINATOR ADMINISTRATIVE SUPPORT TOTAL ~,SK 1 ~SK 2 ~,SK 3 )TAL HOURS )TAL COST ~pies Needs Assessment Survey Parcel Acquisition 100 103 104 105 106 Parcel Relocation 102 104 105 107 8 72 1 1 1 1 40 10 0 8 66 264 90 211 127 764 84 304 100 211 142 Sub-Total [Lump Sum) Expenses (Lump Sum) TOTAL MAXIMUM LUMP SUM: 1000 copies at $,07 per copy Total Expense 70 $ 70.00 830 $0.00 $ 70,00 $70,00 L:\Projects19916\TA l\hourload.xls E$?&?E AOMINISTRATQR RFQ NO. :075.2413'01/KR PROPOSAL SUBMI! rED BY THE URBAN GROUP, [NC TELEPHONE 1-888-522-6226 FACSIMILE # 1-954-522-6422 E.MAIL-urbanmaster~theurbangroup.com Federal Employer I.D # 59-2442945 THE URBAN GROUP, INC. is in agreement with all terms, conditions and provisions included in the solicitation and is in agreement to furnish any or all items. Authorized Negotiator and Authorized Signatory Howard W. St (888)-522-6226, Ext. ~12 E-mail: hsteinholz(&theurbangroup.com. This proposal includes data that shall not be disclosed outside the Government (City of Boynton Beach) and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror us a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate use, or disclose the data to the extentprovided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in these Proposal sheets. July 19, 2001 City of Boynton Beach Procurement Services I00 E. Boynton Beach Boulevard P.O. Box 310 Boynto~.Beach, Florida 33425-0310 Subject: Statement of QualifiCations-Real Estate Administrator RFQ # O7.~-2413-01/KR In response to the above Request For QualificaUons (RFQ) to Administration Services, The Urban Group, Inc. CTUG)is PleaSe-to s Boynton Beach, twelve (12) copies of its offer to service the describe and accompanying Statements of Qualification with supplemental informa firm's qualifications and experience, dedicated staff, and gives reference also define our. proposecl Technical Approach ;and Methodology to [ outlined in the Scope of Work. The Urban Group, Inc., a Florida corporation, was established in 1984; Florida Real Estate Commission as a Real Estate Broker, TUG has office BroWard Counties, in'",Lake Worth, Riviera Beach, and Fort Lauderdale. operated from our Palm Beach County office in Lake Worth, TUG is an: the Greater West Palm Beach and Fort Lauderdale Board of Realtors, a government funded-Voluntary public purpose and necessary property acc domain projects, TUG is presently a Right- of- Way consultant for the Florida Departrm )rovide Real Estate Jbmit to the City of project. This letter, don, will describe our and contacts. It will ~rform the services Ind is licensed by the s in; Palm Beach and This project will be associate member of id has access to the Uons Property Data es to local, state and or clients, involved in uisiUon, and eminent ~nt of Transportation ~FDO~, and real estate acquisition agent for the Tovw of Lauderdal~By-The-Sea. TUG is dmini~tefing four (4) real estate projects for FDOT in South Flodda with a range of services much like that proposed in this Real Estate Administrator RFQ, including: negotiations, property management, leasing, database interface, accounUng, subcorltractor management and coordination, and appraisal review. Staff who will be working on this project are experienced in all aspects of real estate related services, and they are familiar with working in governmental sector projects that require high evels of responsiveness, cOOrdination, accountability. To lead the Real Estate Administration Services TEAM, we propose four (4) staff persons who are very experlen .'~ in both voluntary and involuntary (Condemnation) authorized government real estate Proje .-'ts. It is their project management.skills that will assure accountability and responsiveness to C ty of Boynton Beach The Urban Group, Inc. - 1424 South Andrews Avenue · Suite 200 · Fort La TELEPHONE 954-52 Jderdale, Flortda 33316 ~--6226 · FAX 9~-5~-6~ City of Boynton Beach .luly 19,, 2001 staff responsible for project oversight. Other Real Estate Specialists will support these managers. Proposed staff has over 192 years of combined related experience. As the firm's Corporate Director and Broker, I will .be assigned as the contract's Single Point of Contact for further discussions and all contract issues. ! can be reached at (954) 522-6226, ext. 112: The 33316. My ~c¢om Cc: TUG ! Manager, TUG, ~~PThe Urban Group THE URBAN GROUPf TNC. Statement of Qualifications CI'TY OF BOYNTON BEACH RFQ # 075-2413-01/KR PROFZLE AND OUALI'FZCATZONS Real Property Support And Advisory Services Established in 1984, and based in South Florida, The Urban Group Inc. (TUG) has worked on real estate service s related projects throUghout Florida. TUG has 32 fl ~ll-time staff thirteen (13) of whom are licensed by the Florida Real Estate Commission to perle rm real estate related services under Florida Statures F.S. 473. Requiring State CertificaUons and meeting State educational standards, ' he Urban Group Inc. iss administraUvely and technically pre-qualified by the State of Florida to )erform Right of Way ervices for the Department C~f Transportation in Major Work Groups 2£ .1 (Appraisal), 21.0 (Acquisition, Negotiations,, Closing and Order of Taking), 24.0 ~cquisition Relocation ~ssi~tance), and 25.0 (prOperty F4anagement, Clearing and Leasing), The firm has a Cert fled oVerhead Audit approved annually by the Professional services Division of FDOT in order to qualify for State Right -of -Way work groups. In this Statement of Qualifications, we present The Urban Group Inc.'s portfolio of Real Estate related, adv sory support serv c6s, and professio~al staff who wou d work bn the project. A Core TEAM will has been assembled to leac~ the Real Estate Administration Services efforts. We Propose' six (6) key sta~ Persons, (Howard steinholz, .lim Nardi~ Kevin Uston, Brian Gorham~ .lo~ Mille.r.,,ASA and RoSemary Monaco), who are very experienced in all aspects of real estate negotiations, proPertY management, information management, and project managemen):? Tl~ese core team members are familiar with voluntary public purpose acquisition and iinvotUn~ary (Colndemnati0n). authorized government real estate pn ~jects. Our appraisal, asbestos an~j environmental experience will assist in both residential and business/commercial Acquisitions and Disposal Services and Property Management. (Key staff professional profiles are .inducted with this submission). :It is their project management skills that will assure the responsivene,' Beach sta~f!r~es~nsible for oversight of the consultant. Our staff voluntary and 'inv°lLintary (Condemnation) authorized government real. experience, and their s to City of Boynton experience in both :state Projects, much TUG Use or ~ of data contained on ff~s si~eet is subject to the mst~:tic~ on ~e UtJe page ~ ~ ~ of which is directed by the strict standards and procedures governed by the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act (LIRA) of 1970. Other real experienced real estate Specialists will support them. Managers and staff have des gnat ons as Senior R ght of Way Agents (SR~WA) by the ~nternational Right of Way Association (TRWA), the national association certifying Right- of - way, and uPA {raining and experience. Core team members have:manage~.,~..v:er~i~ii~t: 9,f;~-~-Y,, .~Pd-,g~ver'nment real'~ restate projects within the state of FlOrida. ~i~,' c~'¢a~ ~&ff!~b~;~r ~8~bih~d years'°f:retated real'i~tate experience. A good portion of our real estate .c, onsulting services has been governed by the exacting eminent domain policies of the F ofida !Department of Transportation (FDOT). Furthermore, you w, see from our client list, .we have world 'using th~s.e,.same ~odm~,r~l ~and~e~'~~ organizations, (CathOlic Dio.~ss,~;. 9f ;~!~,. ;{B~(:h'}; ,nen,:pr.'0fit 'C; ' I , ,!tYi,!'. p t!l ' C0rporatbns (NOAH.' ~nc. p&'~.!¢~; ;~,m,Q~anizations (Urban League of , government serVii:e agen¢(¢~'(BrO,~[~ .6oQ~ ,Housing ,Authbfi~, Bl~°ward Summary Of Related Real Estate Exoerience Similar To This Project with negoUating, contracts to purchase properues mr pUBlIC pu~ose projects. Staff atso knOWS the procedures ~o maoage, sol and Di.sP~e of government owned real estate (REO). TUG has been the aCqUisit 0i~ ¢onsu rant to the FDOT On eleven (11) Right- of -Way contracts, and on ~,Veral local opti~ voluntary acquisitioh Pt0Jects. The scoPe of work in these p~jects include, negotiating purchase c°ntraCts, leasing SurPlus pr6perty, sale 0f excess ~ of acquired properties, demol tion and clearing, closing As the Real Estate Acquisition Agent for the to negoUate the~voluntary acquisition of land roi Acting in fiduciary as a Buye~ A~nt, Specialist will :seek to discover the independent'; negotiate the: purchase of the property. TUG seeks Estate properties, the sought For the Broward County Aviation Department (BCAD), TUG was the Project Manager for the County's Federally funded TUG prepared properties :presented a TUG' coordinated TUG the environmental studies and contaminated¢':~'a~te'~emoval_ With County, State and Federal agencies. TUG collected over $1 million dollars in rent during the five (.5~ year contract term. Collected rent was deposited into a jointly held bank account; from which project operating expenses were paid. Excess funds Were "swept-Up" into the County's general fund account. The firm negotia:ted the purchase of 102 parcels for St~ Lucie County. in a voluntary land acquisition' project at the St. Lude County !nternational Airport-.. Because ,Federal funding was invOlyed, .TUG was required to perform acquisition and relocationservices under the 31 Uniformed Real Property ~ with lidos and procedures .Capital from. may usually sold , for real estate acquired through scope of work involves .real estate throughout Florida, While (. often are c Disposal Task, O.~ders, TUG manages ,improved land, commercial, residential single4 environmentally sensitive properties. All :l s are prepared by TUG. In this ~ont managing dosing agents, reviewing tit the acquisitie~ all TUGfeal estate,~a In recent public sale of loans, the U.S. Small Business Administrl appraisals of real .estate that collateralized SBA loans over $500,000. dl gence process for loan sales # 2 and #3, TUG completed: 94 appra~¢ five Georg a, South Carolina and North Car( corn public sector the very higl we also service n( relate community devel quality a~ [n relationship~ to the City of Boynton Beach, a~d in particular to this experience and qualified staff to review appraisals, and Phase ! Enviro~ closing facilitators .t~o ~eview title and do dosingI research. Furtherm( community Redevelopment consultants, TUG brings a dear understandir local real es~e .(harkens and can research data, prepare feasibility stuc estate. United property ;state assets are ~ auction, and sealed properties, which mily and multifamily, ga/, Notices~or other tct, ~G pe~orms as , clearing title issues i ;process and .; from ;lents review closing tion (SBA)- needed As part of the due als,..ov.er a period of ,lina. TUG met SBA n-profi~ corporations d services that have ).pment and right-of- urance and control. iroject, we also have ~mental Studies, and ~re, 'As Housing and g and perspective of les and analyze real TUG Property Management TUG property management.activities have ranged from demolition supervisory services, to inventorying surplus property, to leasing and rent collection. At the Land Acquisition Program for the Broward Counb/ Aviation Department, ,T~I,G managed four (4) mobile home parks acquired,through~o~demnatio~ARer,acqu ring their m°b~le:hom~s~:~-pdep~°w~:~rs b~ame tena~s~and paid mn~,for ~tbe mbbile ;home tot. i ......' In an a !, out:effoA to p~ e~en~,,"c°iqdemfiation ~blight" from deteriorating TO? ~iin~e'¢at~'~::@'er~i~;-i~'~ved a 'pr°t~ted`a~ heme,s,,,pumhas s'~,[~h'ibited~ ~va~dahsm and, Cut, ileal dum@~ng,~ All prope~ ~ners had ~ option of ]~ng ~ck their pm~. until m~i~n~ heusi~g Wa~ secur~,.,~o~ ,h~;; f~l'b~ate~, ~ p~Pa~ from te~n~ in::~i~'pmj~.was{p!aced~in ,the 'c~n~Geae~l: and federal fund~ used in the. pmje~.' : : Kevin Liston will project's 'flUe and Closing attorneys, closing and office He will attend all closings. on it clients, As TUG understands the special nature of ~ts relabonsh~p w~t of proprietary and public documents, files will be prepared and ~. TUG handled ~n a secure setbng for transfer'to the,.Qty '~l?a 'designated time, or at the end of the project. TUG real estate files will be stor~e(I fo:i'!five years, All requests for information by the public will be forwarded to the City and TUG release no proprietary information without approVal by .the city. in the, case of acquisition, when notice is give~, to:make offers on propeR!es, TUG staff ,will disclose that they are fngle agents for the ~ity (Buyer), ' Background checks were completed on all staff and vendors. TUG has al~vays soug~ to avoid any perception of a Conflict of fnterest. When ~G discovered a subcontractor placed a purchase contract on USM$ Pr0Perty~ TUG' re~d~ed this to USMS, and th~ sale was cancelled. This eliminated any questioi~ of impropriety in the transaction. _ Tn governmental projects, (and the United States Marshals Service contact is a good example), alter several government audits by USI~IS ];nspector General's office, the project had no findings. In USMS contacts all rental income statements balanced withou: ever a discrepancy. TUG paid invoices for USMS u~ing a jointly held account, and sweep fur ds at the end of the each mOnth. The ][G found accounts complete .and balancedJ Compliance with Deliverables: TUG meets contact requirements and "Does what it says". TUG has met all road certification dates for all parcels on all FDOT contracts. The Florida Turnpike Ac( Jisition project was certified two months early, in the St. Lucie County Ridgehaven Land A):luisition project, all 102 voluntary acquisition notices were delivered and households intervie, red within sixty (60) days .of notice to proceed. For instance !n USHS contracts, closing I~roceeds are always delivered the next business day to USNIS office. At least one inspection ~ompleted per month per property, 100% of the time. 100% of all HLS listings installed withln five calendar days inclusive of all property information. Marketing and Management plansdelivered within five days ~)f Disposal Task order, t00% of the tim~. Listings on web page b~, next business day. Earnest Honey dePOSits and rent c011ections~ placed into Escrow Acco. unt by the second banking day, ~,00 % of time. !nvoice delivered by tenth of the month. Activity Log entered on all co:ntacts relabng to property management and real estate sales. Emergencies handled within twenty-four hours. KnoWledge Palm Beach County Real Estate TUG is negotiating, Selling and doing comparative market analysis of r( projects in Palm Beach County, which has relevance to this Real Estate for th~ City of Boynton Beach. Profiles of these projects are also included TUG is an assodate member of the West Palm Beach Board of Realto~ Hultiple Listing Service (HLS), and subscribes to First American Real E~ Base Service. ti estate for several ~dministrator project in this response. and can access the ,rate Solutions, Data TUG TUG staff is currently conducting negotiations of right of way on commercial, residential, and industrial (improved and unimproved) on over 400 parcels in Palm Beach County. And TUG has completed negotiations on projects in Lake Worth on Dixie Highway and on Southern Boulevard in unincorporated Palm Beach County (West Palm Beach). Negotiations of parcels are always i:nitiated,with?,offers,established by independent ~p~raisal$:,.. As development consultants for the Catholic Diocese of Palm Beachj TUG has prOvide.:advisory real estate deve[o~,.m,,.e, nt services .to the DioceSe in deveoplng four housing Projects compriSing Of 447,. m~ltlfamily'units, FDOT acq. uis~ns:inc uded purchase of a variety of types of real estate in' Palm :Beach County. These include. ' · Utility easements · Aviation easements · Drainage easements . ~ndscape easements · Industrial improved (with.demolition and without:demoliUon · Industrial unimproved (with demolition and without demolition) · Commercial improved (with demoliUon and without demolition) · Commercial unimproved Real Estate TranSaction Problem Solving Innovations. CLOSING PROBLEM. Upon review of Forfeiture and Seizure documents, subject property was shown by address only. Withouta legal description, no title insurance would be issued. All Subject documents showed the property address. Amending Final Order of FOrfeiture would be difficult. SOLUTION: TUG was able to prepare and get an executed Deed from the defendant, who was in Federal Prison. TUG staff spoke to the Prisoner Warden and sent him the Deed with instructions. He got the Deed signed, witnessed, and notarized. USMS was able to clear title and dose. CLOSING PROBLEM: Several years before the Forfeiture, a prior Deed in the chain of title omitted the~ block number of the subdivision. Florida law requires that recorded documents show the name of the person who prepared the document. TUG SOLUTION: TUG located the attorney who prepai~ed the defective deed and secured a Scriveners Affidavit setting forth that it was an error leaving out the block number and reflected the correct legal description. This cleared the tiUe and the government was able to close. Insurance and-Risk Management TUG maintains a specialty Professional Liability Policy covered by TUDOR INSURANCE ~3OMPANY, i With a '.$250,000 limit of liability'-~" coverage. General Liability aggrega~ of $2,000,000, and Workers Compensations aggregate of $1,500,000, ,and Autom6bil~LialbilitY:'for $1i000,000, is covered by'Uber17 Mutual. Employees of The Urban Groupf have 'security access authoriz t~ons for the Florida Department or Transportation, and US Department of HUD, databases. As is the nature of our Real Estate consultant contracts with the :ederal Government, emp!oyees have background checks. Alt TUG employees ..working in the field are required to wear company Id~ ~tification Badges. The Urban-Group.-institutes a Drug Free employment policy, which tests employees for substance abuse. Our insurance policies will show the City of Boynton Beach as additional .~rtificate holder. Zncluded in this RFQ are: ReCOmmendaUon letters~ performance raUngs and other additional Znforr laUon, (Supplemental Tnformation, Exhibit ~). TUG PROFESSZONAL STAFF Core TEAM Structure A key to achiev ng success is assemb lng a strong core team that can effectively manage ail aspects of the scope of work in- the project, effiCienty motivate staff through proven management techniques and resolve,,pr~j~ i~S~S without ,undue,effOrts placed o.n, c!ty staff and administration. Our core group meets~'_~e~e in real estate related serv ces for governme~l agendes~will' sur~;bund'{~i§'~O~e~st;aff~ Mr. Howard Steinholz has two (22) year career background and the pdndpal:: municiPaiitie-" years, but his twenty- His .As for- He has dates aro met Programs. He had with Over ~50 compliance of acq parcels. He will attend closings. Project Administrator- :lames Nardi (program Management) Mr. Nardi has been with The Urban Group since [991. A licensed real estate salesperson, he is a certified Asbestos Surveyor/Planner. His career in government projects has been extensive. As a senior Acquisition Agent he negotiated, easements, full and partial takes on the FDOT SE 805 Dixie Highway project in La~(e Worth. He was the Project Manager for Property Management Services for the Broward County Aviation Department Land Acquisition Program. Thero he supervised demolition, asbestos removal, and environmental Phase One studies on structures in the project. For three ~3) years he was responsible for oversight of all leased back properties. This project acquired over 800 parcels that included residential single family and multifamily, commerdal, industrial, improved and unimproved property types. He managed a project to inventoq/FDOT surplus property and identify excess surplus property IN TUG District Four. Mr. Nardi will head up project schec~uling and reporting da~a base development and maintenance. In other projects hehas createdrep0rting programs that are tracked prOject activities through a Production Status RePorts (PSR} Project Manager/Acquisition-- Kevin Liston (TiUe and Closing Facilitator) Mr. Uston has long history working in the real estate industry. In his for over 27 years of xperience he has worked in title underwriting, real estate sales, aqd government asset anagement. He is the Project Manager for TUG in the United States Marshals Service (USMS) orfe ted Real Estate Asset D sposal and Management contract. He has r the sale of government .owned properties. ,~ prepares all .. offers the USMS. tax resolve in HUD sales contracts, He will attend closings, Project Manager:for Subconsultants-,3oseph Miller, ASA (NegOtiations, ^P~aiSal[Review, Subconsultant Hanagement) Mr. Miller's background includes 18 years of experience in real estate acq~ litigation for gOv-er6~ental and private sector projects. His primary focu Appraisal, C0nsul~ion and LiUgation Support for Eminent Domain acquisition pmj~ during this Ume period. During his career Mr. appraisals or provi~ significant professional assistance on over 1,000 p been the AppraiSer of Record on three (3) projects for the FIc Transportation. (District ~), and on another twe, nty-five major projects ~ including: COU ~n~y~V_emments, Cities, and other condemning agencies: Water Hanagem~ District, and the FlOrida Department of Environment been an expert witness on numerous property trials ; to close will check are owned. fl th r ' prope~es or ' e Co al Gables HUD (?ffice, and worked to 9ncumbering/these pmPerties. He super~sed HUD properties ~n average yearly invent(~ry Of over 2000 homes. He reviewed all ~isition, appraisal and s has been related to and other types of Miller has prepared ~rcels. Mr. Miller has rida Department of )r a variety of clients uch as South Flodda ~1 Protection. He has Senior Acquisition Specialist- ROsemary Monaco SR/WA (Negotiations and Properly Management) Ms. Monaco started her career in the right-of-way field for FDOT in 1987. During the ensuing fourteen (14) years of experience she worked for FDOT in various capacities ranging from agent~ to Consultant prOje~ Manager. Since joining TUG in :[996 she has worked as Project Manager on the Florida Turnpike SR 80 (Southern Boulevard) Interchange, and SR 80 ROW project from Military Trail t~) the Turnpike. She has worked in various aspects of ROW / including relocation and property management. A highly skilled negotiator, she has demonstrated abilities to make settlements and has one of the company's highest acquisition settlement rates, over 70%. While at working for FDOT she worked on .leasing surplus property for the department. Combined with her project management skills her involvement will be a valuable asset to the team. icquisition, right-of way, and related real ent, and a state certified appraiser. Armed with Classification Core TEAM Other staff: Right-of-Way Management QA/QC Property Management Acquisition and Negotiations AcquiSition and Negotiations ~re0aslng/Surplus Properties perry Management/Leasing D~ta Processing production Reports Personnel I sted above Bruce Bradley SP,/WA Alan Kameron SPj1/VA Florence Green SR/WA Barry Lazarus Grant Epstein SR/WA Diane Mason SR/WA Magaly Piaares Fanny Ramirez Dianne 3udge TOTAL Years ~duded in this RFQ Pro£ea~ional Profile~ of Key Personnel. (Staff Profiles~ ' 98 ?ears 192 years TUG City of Boynton Beach Real Estate Administrator THE URBAN GROUP~ INC. TECHNICAL APPROACH Approach/Methodoloclv · The Urban Group, ]:nc. (.TUG) using BeaCh will, be to help, the City in, it's will .~ City of Boynton mission from the' RFQ TUG has the this a notic( we have the ha the Profiles and ( Sections; service agen~tha~c would real we for To summarize the' requirements of the consu?nt in the RF-~, we u~derstand that the consultant w I provide 'Real Estate AdministratiOn serVices, which may'include: Provide .consulting services to acquire through voluntary acq.uisition fee simple parC~s, utlity easements, right-of-way for City use, and public purposes and ~ece~sity. ' ' UpOn! identification by the City of an assigr~ment or a property it desires to acquire, a~d prior to disclosUre, seek out willingness of owner to sell pro~. Pres~ent~t.~ ion in person, or by certified mail (if owner is ab.sent or (~,t of town), of the City's offer to purchase prol~erty and to conduct negotiaUons bas.~d on an approved appraisal provided by the City. OngOing negotiation for a settlement until impasse is reach .,d, or if the City determines to proceed with involuntary acquisition. Review titles, legal descriptions and closing statements TUG · Availability to attend real estate closings. · Adherence to F/or/da ,~t~/te~, Chapter 475. and State and City's acquisition procedures and use of document forms in acquiring land for the City. · Prepare studies, do rAsearch, and aha yses, and reports relating to real estate to be acquired. · Compile data and perform ~ark~t~a!~is,~,.i~e~ifl/, market trends and make recommendations to the cit-¢: ~eg~r~Jin~ i~e~'t;~st~t~!0p~tunities. · Provide oversight management of consultant professional services for appraisers, PrOViding a and to perform ou~aurced Information ~tstem to account for: all ....... i :,ma~ntatmng fi es~and Of, ~ity~aPp~yed' formati for ~record keep ng, business or We also understand that the Cty v~il proVide: · Appraisals, title searches and commitments, legal descriptions, and, any other available information regard ng .the project or property. · Assistance/consultation of City staff including' its legal, department for the purposes of acquiring lands for the City. · Sole responsibility for obtaining funds for the acquisition costs of the lands to be acquired for projects. · Responsibilities for acquisition when negotiations reach an impasse or require condemnation. TUG The following section illustrates our further understanding of the City's requirements for Real Estate Administration activities. AcquimHon Once the Not/ce to Proceed is issued, TUG will coordinate resou projects, assignment or task, Database programs will be assembled. will be SchedUled as So0n as pOSSible fo~ the. purpose ,of' introdL establish guidelines, procedures and lines of communication. We 'ces to begin the ~ kick-off meeting cing staff and to will request that on regarding the ~zilt. also invite the appraisers since they will be an important resource during negeUati0ns with the landowners.. We will discuss protect schedules, mllest0nes and specific tasks that will need.'to ~be ~q~d)~ate~l:in brd~rt~!:c°mPlete'the projects. 'By prgper:planning and ~)rgan~tibn :i~,~e,~a~ly,,stag~, ~f~:the~j~roje~ we.lwili, eS~blish ,a,g~od foundation for su~esS, land ~ better i k~li6O~d bf'fin~l~ ~illing sellers; assignment. The parcel will approved the up, and the Depending monthly between the provide a Produddon ~ntified. '[~he have their share of achieved, ProjeCt We have senior acquisition agents who will assist the .Project Mana! day activities of the proje~. :Besides handling the acquisition individuals wiil p~ovide support fc~r th~ acquisition agents assigned t reviewing any ¢~unteroffer from the p~operty owner). ~ in order to ensure the quality of'work and documentation, a senio will serve as a Quatity Assura, nce/Quali~Cy control examiner. This se~ I~alance for t~13e documen~bn that?wi, be assembled througho process, it also ensures tl~at theappropriate documentation is b~ each required task. or bi- will then acquisition ect and staff; to ,nd, to maintain 4anagers will also ~ers in the day-to- of parcels, these the project (e.g. acq uisiUon agent es as a check and Jt the acquisition lng completed for TUG Acquisition agents assigned to a project will make every reasonable effort to acquire property for the City through a negotiated acquisition and a closing by deed. Upon receiving a parce assign.ment, the agent will undertake certain steps in conducting land acquisition negotiations: *{ Order the ~ast deed of record purpose:'o~ ~i~quis~ion and City's Requesbowners ~omplete and return ~ll:app icable form's, mC udiag property l~0'idenUfy any Determine the need for a City strategy meeting, Schedule an appointment web the owner at a time and place convenient to i ruffed mail. At the the owner, otherw se, appointment or in a owner: and contain severance damages and parts (i.e., pro]oct tO. the The offer, will 'ai~d a n'ts, · Provide Data' Systems update. · The agent will secure the owner's signature on a purchase agreement or will thereafter maintain regular fotlow ~up with .the owner in an ongoing negoUabon until an agreement is reached or a derision is made by the City to end negotiations or that a condemnation action must be filed. · When a reasonable settlement is reached., the agent will forward all required forms and dOcuments (including a ~stification for administrative increase when the agreement is above ai~prai~ed value) to the Oty for its review and approval. TUG · In those cases in which a negotiate.~, settlement cannot be reached, the agent will assemble and return the pa~l file to the City. · Attend the real estate closing. · Afl, er the closing, the agent will deliver all executed docum ;nts to the office oF the Clerk of the CirCUit Court for recording in the public records and that City number i§ given. Appraisal Reviews · Study the approved appraisal report for an understand ng of the City's opinion of market value and the basis upon which that O ~inion is derived, including,~ but ~ot I mired t~o, insuring that any reservatior s on any part of the prope~ b~ appraised. Title and Closing Facilitation · A'project Title and Closing Facilitator will be assigned to tts project to work with the City ~ttorneyS and private sector attorneys to assist in closing properties.. :Early in the process, and before any U'le searches are reqUests, the FacilitatOr will. access the Palm Beach County Property Appraisers offiCe tax ~oll-information to check on IRS tax exempt s~atus d~x~umelntauon~, or if taxes on subject properties are owned. He wilt identify liens and seek to resolve them. Core T~Ah1Structure A key to achieving success is assembling a strong TEA~4 that can effe, aspects of the sco? of work in the project, efficiently motivate stal management techniques and resolve prcrject issues without undue effc staff and administration. We will utilize a Core Team of managers wit[ in the work disciplines required' for this project. A complement of st; real estate related services for governmental agencies, will surroun (Staffing is further discussed in the Staffing Section of this RFO. Pr staffare included in Exhibit IV). t~ro[ect hlanauement The Urban Group cleady recognizes that the Project Manager is crucial any project. For this reason, TUG will designate the Supervising Proje, firm's single point Of contact, responsible for a project. Project Mana¢ to perform oversigl~t in work areas of Acquisition, Property Manager Technology Services, Closing and Title Facilitation. Managers will .tively manage all F through proven rts placed on City deep experience ~ff experiences in ~ this COre staff. files of proposed to the success of Manager as the rs be designated ent, Information llow through by TUG closely monitoring the work effort. They will make sure that tasks are clearly identified, scheduled and ass gned to qualified ndividua s such that all work is accomplished in a timely manner and with maximum efficiency of resources Our project Managers understand the importance of maintaining good communications with the client, staff and any of the project subconsultants. Senior acq~isitionl ager~ts~will assist. Project. Managers J~ s,ome'. 0fi!~he administrative fun~ions of the prOj~. They wi'be committed to this project a~i~i~i.'S~Pervise day- to-day aCtvties~ TEay also have a 'suPPort role in ali ~reas'~f' respbt~sibilities in ac Uistion s ecfica y, theyW lbe ~e first,line;S Of:~rgview of roduction contro and q , P ,., : . ?~ ~: ,?.~ ~,,-~ -, ,- ,~ aPdministrafive setUemen~,rec0mrnendati0ns a~d they wall.prepare fbr ~'z3~ .~t,~tus To gather marketing and sales informatic gain s an associate member Fort and :ializes maintaining Server. A new Palm Beach County Appraisers office. ' ' After establishing authorization, and with sufficient "~re wall", protect~i0n, the system may be networked using CITRD( Remote Access capabilities. TUG currently uses C1TRIX in the r netWorking' System. create hard disks and baCk up the system daily. Each task assignment will be separately coded with parcel information, data, contact sheets and other records reflective of that Task AsSignment, Computer data will be stored on CD-ROM or computer disks. Back-ups are stored in a fireproof safe with cop es placed in a bank security vault every two weeks. Agent files are color coded to distinguish between acquisition, relocation, and property management. All fi es wil be availal~le for the City's review at any time, All )nquiries frbm the public ~:hrough the aty's mit ~ with valid ~ TUG reporting, and commit to uphold the integrity old,the system. A final input and quality check will be made of all applicable databases and 'hard copy files. If the need arises, TUG' has the technology to remotely access anry City authorized software application from the field or home office, through Citrix, Meta[frame. Property hlanaqement Property Management functions will be administered by the Proj Property Management Specialist will prepare lease recommendation., management fees: All fees collected will be placed in an operating al with the City, in a FDIC insured local bank. Funds will be "swept" into account each month. Original bank statements will be directly sent to t A Property Specialist will directly handle general property managem( of City-held properties. TUG Staff will make monthly inspections properties. Emergencies will be addressed 24 hours a day, 7 c "Emergency" call number will be available. All emer,g, encies will b,,e business day to the designated City staff person via a Flash Report'. .~ct Manager. A collect rent and count jointly held the City's general he City. nt responsibilities of City-managed ays a week. An 'eported the next Managing db/wide space planning will be Coordinated through this off ice in conjunction with City staff. Public Znformation Information and discussions that are proprietary will be maintaine as confidential. During negotiations, disclosures will be governed by TUG's fiduciary responsibilities to the City, and requirements of Florida Statutes 475. Regarding real estate practices and procedures. TUG will contact the City if any requests for information ~re received, and will follow the City's direction. TUG Requested City Commission Meeting Dates VI.-CONSENT AGENDA I'TEM B.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR2vi Date Fin~l ~orm Must be Turned ' .in~oCitvClerk's Office Requested City Comnfission Meeting Dates Date Final Form Mast be Turned in to City Clerk's Office [] July 17.2001 [] August7.2001 [] August21,2001 [] September 4, 2001 NATURE OF AGENDA ITEM July5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 July 1S, 2001 (5:00 p.m./ [] October 2. 2001 September 20. 200I (5:~p.m.)~_<. Augast 8, 2001. (5:00p,ro0 [] Ocloberl6,2001 October3,2001 5:001~m) August22.2001 (5:00p.m.) [] Noveraber6.200I Oc ber17,2001(5:00~. [] Admiinstrative [] Development Plans -- [] Consent Agenda [] New Business co [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement --] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve the "sole source'' purchase of ADDITIONAL SECURITY SYSTEM FOR TI-~ DOORS IN CITY HALL AND EAST WING to match existing security system from ADT SECURITY SERVICES, INC. in the amount of $12,045.00 EXPLANATION: On November 19, 1999 Commission approved the purchase and installation of a security system for the doors in City Hall and East Wing. A review of security for City Hall and East Wing has determined a need for expanding the system. The expanded areas will include: Customer Service - Lobby D~ors; Communications Two Inside Doors East Wing; ITs ~- Entrance to Computer Room; and City Hall - West ~.obby Door. T~he additional security system for doors has been processed as an emergency purchase under the provisions of APM Chapter 10, Section 10, Procedure for Emergency Purchases. Annual maintenance service will be $1,160~00 after the initial year of installation and will be funded through Facilities Maintenance with the other existing se :urity system. PROGRAM IMPACT: The additional security system to doors wilI nssist the City in con~ olllng access to work areas. FISCAL IMPACT: Funding for the security system will be provided as follows. Account Descriution Equipment Parts/Supplies Building Improvements Communication Equipment Building Improvements Building Improvements Community Promotions Building Improvements Aeenunt Number 401-2825~536-52~75 401-2825-536-62-01 001-t810,519-64-20 001-1810-519-62-01 001-1510-513-62-01 001-1211-512-48-01 001-1211-512-62-01 Total Amount $ <2,409.00> 2,409.00 <4,818.00> 4,818.00 2,409.00 < 2,409.00> 2,409.00 $ 12,045.00 Deputy Director of Financial Servic~ / t-' ~ity Manage: Procurement Services ~ Deparanent Name City Attorney / Financ S:~BULLETiN~ORMS~AGENDA ITEM REQUEST FORM.DOC goals of continued Signature Human Resources RESOLUTION NO. R 0l- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYN~ON BF_,ACH~ FLORIDA, ~PROVING THE pRO~OsALic~F ADT SECURITy gERvI~ES, INcn, FOR EMERGENCY PtmCH_&SE 2¢,rr> 2¢ST~LL^nO OF ~Dr/rn°~t;'' sEC~ ?OR Tm~ OOORS ~ CITY HALL AND~T~ EAST ~G,~ ~ ,TI-IB~ ~OUNT OF $12,045.00; AUTH0~.G THE MAYOR AND crrY ci~F_~ m ~¢i-rm, S~ P~oms~J~, ~ WHEREAS, on November 16, Oty.~ Commission approved the urchase of a seCurity system for the doors in City Hall and the East Wing; and after urther review 'by staff, it has been determined that:this security system needs to be ~panded; and VOtEREA$, the City Commission deems it to b~ :in the best interests of the citizens and community to approve the proposal of ADT Security Services, Inc. fo~ the mrchase and installation of additional security to mach the existing system; NOW, TItEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION }F TltE CITY OF IIOYNTON BEACIt, FLORIDA, T}IAT: SeCtion 1. The City Commission of the City of Boymon Beach, Florida, .ereby approves the proposal of PROPOSAL OF ADT Security S~viccs, Inc., for emergency purchase and installation of additional security for the doom i~ City Hall and th~ East Wing, in the amount of $12,045.00 and authorizing the mayor and city clerk to execute said proposal, a copy of vhieh is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS ATTEST: City Clerk (Corporate Seal) day of November, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Co~ssioner Commissioner Commissioner ~ ADT ~ecurity West palm Beach. FI, 33411 State License #EFO000950 1.$61-712-5400 {HROI~)~JU./I~RF.E~ ~_, _.;~, 10/17/01 ¢i~ of Boyntofl 100 East Boynto~ Beach ENd. 8oynton Beach,FL33425 PJch Fiege Requested Cit-/Commission Meetin~ Dates [-- July 17. 2001 August 7, 2001 [] August 21, 2001 [] September 4, 2001 NATURE OF AGENDAITEM VI.-CONSENT AGENDA ITEM B.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtw Date Final Form Must be Turned Requested City Commission Da~e Final Form Must be Turned in to City Clerk's Office Meetin~ Dates in to City Clerk's Office July 5, 200l (5:00 p.m.} '~ September 19. 2001 September 5, 2001/5:00 p.m.) July 18, 2001 (5:00 p.m.) [] October 2. 200I Sep mber 20. 2001 (5:00 p.m.) AuguszS, 2001 (5:00 p.m.) [] October 16. 2001 October3- 2001 (5:00 p.m./ Augast 22. 2001 (5:00p.m.) [] November6,2001 Oclberl7,2001 (5:f~p.m.~ [] Administrative [] Develo nl Plans [] Consent Agenda [] New Business ~,~ ..~ [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve sole source purchase of ion-exchange softeners from Atlantic Filter Corporation in the mount of $12,805.00 EXPLANATION: Ion-exchange softeners are used at the West Water Treatment Plant to soften the finished water from 80 mW1 to 0 mg/1 of hardness used for the arrunoniator systems feed water. If the ~eed water for the ammoniators has hardness in the water, it reacts with the ammonia and causes the injectors to scale. Ammonia is used with chlorine for disinfection of the finished water. The existing ion-exchange softeners are eight (8) years old, and were repaired six (6) times last year and still are not working properly. It is not cost effective to continue to try and keep them working. PROGRAM IMPACT: The purchase of replacement units are included in the 2001/2002 Renewal and Replacement schedule. Atlantic Filter Corporation is the sole source manufacturer, supplier and insta!ler for this equipment. Atlantic Filter units are currently installed at the East Water Treatment Plant and they have performed satisfactorily, requiring minimal maintenance. FISCAL IMPACT: $14,000.00 is available in 405-5000-590-96-02, WTR017 for replacement of water softening equipment for the West Water Treatment Plant ammonia system. S :~BULLET1N~ORMSXAGENDA ITEM REQUEST FORM.DOC ' CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM A~TEI~A~'FIVES: · The Utilities Department could continue w/th repairs that have been u~:,successful, orthe Department could bid other manufacturers with parts that are incompatibl~with ex[Sting equipment. ~,D'epartment Name / -.v C'ity ~t~ey ? Finance Human Resources cc: Bob Kenyon Dave Ailstock Barb Conboy S:~BUL[ET1N~ORM SXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING TIJ~E PROPOSAL OF ATLANTIC FILTER CORPORATION, FOR THE PURCHASE OF ION- EXCHANGE SOFTENERS IN THE AMOUNT OF $12,805.00; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID PROPOSAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Atlantic Filter Corporation is a sole source provlder of ion-exchange / softeners, which are currently being used at the East Water TreatmentPlant; and WHEREAS. the existing ion-exchange soReners at the West Water Treatment Plant are eight years old and have been repaired six times over the past year, and need replacement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boy~ ~ereby approves the proposal of Atlantic Filter Corporation for exchange softeners from Atlantic Filter Corporation in the am authorizing the mayor and city clerk te execute said proposal, a cop~ tton Beach, Florida, he purchase of ion- ~unt of $12,805.00; , of which is attached tereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS ATTEST: City Clerk (Corporate Seal) day of November. 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ~0~ssion'er Comrmssioner commissioner REQUEST FOR REQUISITION ILT.E. ENTRY DATE: 814101 /~QLrISITION # 18107 ....... lerk: Gmb "~ire~or:~ ~ity Manager (noa budgeted ~]:ca~ital and/or $5000+): The existing Ion-Exchange system is used for the feed water year. Unit is 8 This system ~udg~t. 10/4/01 ASAP Confirm. Robe~D. Ai~tock APPROVED: PW Trealment Sewage () ( ) Unit Price ! Description & Part Bh~nher 5,383.50 Model ATL-SMAGNUMC%r2+4TTM Softening Systems 2,038.00 Installation as specified O:~sac-assistanceXrequisifion blank.doc Bid Docs. C) 40 41 w'fP 42 PAJ 99 Insu'uctions: A~nount 10,767.00' 2,038.00 12,805.00 Corporate Office and Distn~ution Center West ~ ,'8 12~ 5tli Str~e;t gulfstream water treatment systems clearguard water treatment systems HERO Drinldng Water Systems ESS Environmentally Sensitive Systems WaterPlex Water TYeatment Centers Sent via fax 561-731-0065 October 2, 2001 Mr. David Ailstock Chief Operator-West Water Plant City of B0yntpn, Beach 12~ E.' ~bolbright Rd. · Boynt~rr:B~ 3343,5:~ , Dear Dave; . This Wilt .c or, firm that _~flantic Filter Corporation is the sole source manufacturer, supplier endli~staller of the water, treatment system as specified in~ur prqposal &~ectApriti~6, 2001 coPY enclosed. Please et me knpw~ :ify°u It¢¢:[mre any additmnal infonnatiov_ Sincerely, Mark E. Kuyawa,:lV~ItL [ Enclosure I Corporate Office ano Distribution Center West Palm Beach 3112 45th street West Palm Beach FL 33407~1 ~S (561) 683-0101 Fax (561) $8~--1997 j'ww@at/antic~ter, com ~ulfstream "er treatment systems clearguard water treatment systefns HERO Drinking Water ~ystems ESS Environmeetally Sensigve Systems Waterplex Water Treatme,~t Centers April 26, 2001 ~u-. David Ailstock Ckief Operator-West Water Plant City of Boynton Beach 5469 W. Boynton Beach Road Boynton Beack, FL 33437 RE: Proposal--Water Softening System Dear Dave, visit the oUowing is our ope of u.ppty fo _twm C6~g my water ~ffe~g syst~s. T~s proP0s~ ~c~s remov~ .~d ~osm o ~sfing system ~d inst~latio~ st~-up ~d o~at~ rang o~ a new system The scope of our mpply.~s as follows. WA TER SOFTENING SYSTEM Two (2).Athtnt/c Filter Model ATL-SMAGNUMCV2- So~ening Systems; Systems include: Two (2) fully automatic 2 inch metered control valve(s); Metered controllers provide continuous monitoring of time regeneration, water hardness, salt setting amount, tank capaci time remaining and 3 Two (2) 24" by 72" resin tank containing 10ft of premium cross-linked water softening resin, 120 poUnds of filtration quality gravel; One (1) 30 inch ~c 48 inch round brine tank equipped with safety brine valve; One (1) pallet water softener salt 40lb. bags; One O) set operation and maintenance manuals; Continuous flow rate a 140 gallons per minute; Peak flow rate 200 gallons per minute peak; Backwash flow rate 15 gallons per minute per tank; Rated softening~capacity 600,000 grams; -4TTM' Water day, time of regeneration ~'ade 8 percent INSTALLATION · Installation, start-up and operator training is by AFC; · Installation will be in 3 inch CPVC Schedule 80 pipe and fittings and in accordance with recognized plumbing codes and standardt; ' · Existing twin tank softeners, brine tank, and control will be removed and properly discarded; · Systems requi~e 110VAC electrical supply, provided by others. Total *Six percent sales will be waived when Federal Tax Exempt 'Certificate is provided Standard AFC terms are 50% deposit and balance upon instalhtion or a properly ~thorized purchase O~der number. SyStems may be deliv~3e~ wi~, '1 ~2:~s ~ffom;reeeipt ,~si~e~a~tanee:; ;Al;l~w,. L ~:;id tla/~~ st~up and ~peratm training;~: ':, ~ . . A~thori~ed Representative Date Thank you:~for the opportunity to provide this proposal. foreword tO Working with you on this project. in ~ ~~uyawa, / [ am looking VI.-CONSENT AGENDA - TEM B.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Ci~ Commissio~ Mcetlna Dates [] July 17.2001 [] August 7, 2001 [] August 21, 2001 [] September 4. 2001 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18,2001 (5:00 p.m.) August 8. 2001 (5:00 p.m.) August 22, 200! (5:00 p.m.) Requested 7.ity Commission Meet/n~ Dates [] September 19. 2001 [] October2. 2001 [] October 16, 200I [] November 6, 2001 [] Adm/nistrative [] [] Consent Aganda [] [-- Public Heating [] [] City Manager's Report D~te Final Form Must be Turned in to City Clerk's Offing S~ temberS, 2001 (5:00p.ra.) Se~ tember 20, 2001 (5:00 p.m.) Oc: )ber 3, 2001 (5:00 p.m.) Oc~ )ber 17, 2001 ~5:00 p.ro.) Developt ant Plans New Bt ness Legal Unfinish? Business PresentaU~on RECOMMENDATION: Approve the agreement between the City and Maxim Health Systems, L.L.C., which will make immunizations available at the Senior Center, subject to the availability of the vaccine, on Monday, No¥cnnber 19, from 10arn- 2pm. EXPLANATION: Considering the susceptibility of our senior population to influenza and pneumonia, the Recreation Department wishes to engage Maxim Health Systems to provide such vaccinations at the Senior Cen~er. Maxim will make available qualified professional staff to perform this service. PROGRAM IMPACT: Maxim will provide vaccinations at the Senior Center according to the following rate schedule: $17 for influenza and $25 for the pneumonia vaccine. Medicare Participants Part B Medical requires no co-pay. FISCAL IMPACT: N/A ALTERNATIVES: Do not provide vaccinations at the Senior Canter. D~e~t Head's Signature ' ~) City~[an~ger's S~gn[turd Department Name City Attorney / Finance ~ Human Resources S :~B ULLETIN~ORM S~AGENDA ITEM R~QUEST FORM.DOC VI.-CONSENT AGENDA [TE F,1 B.7 RESOLUTION NO. R01- A.RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTH~DRIZlNG AND DIRECTING THE MAYOR AND CITY CEERK TO EXECUTE A CORPORATE IMMUNIZATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH (CITY), AND MAXIM HEALTH SYSTEMS, L.L.C,; PROVIDING FOR FLU VACCINATIONS TO BE AVA LABLE AT THE SENIOR CENTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of ~oynton Beach, upon recommendation of staff, hereby deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to approve a Corporate mmunization Agreement between the City of Boynton Be; ch and Maxim Health .' Systems, L.L.C., which will make flu shots available to residents at the Boynton Beach Senior Center, subject to the availability of the vaccine. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Sectiqn_ 1. The City Commission of the City of Boynton Beach, Florida / :loes hereby approve, and authorizes and directs the Ma~/or and City Clerk to ~-xecute a Consulting Agreement between the City of Be nton Beach and the Maxim Health Systems, L.L.C., providing for flu shots to ~ administered at the Boynton Beech Senior Center, subject to the availability the vaccine, a copy f which Agreement is attached hereto as Exhibit 'A". Section 2. This Resolution shall become effecl immediately upon assage. PASSED AND ADOPTED this day of November. 2001. 01TY OF BOYNTON BEACH, FLORIDA Mayor; Vice Mhyor Commissioner- Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) P~02/07 CORPORA'I'~ IMMUNIZATION .e~IDREEMENT This Agreement is entered into this 18th and belween City of Boynton FL 33425, to in this MAXIM and is ~ Therefore, COMPANY and MAXIM agi'~ie to the, following terms and ~onditions, ANTI(~IiE ~l. ~TEPJ~,AGREI~MENT 5~-'tion I r and will ~th ~ of the to the ~ectlon 2.01 2.03 2.04 Heal~ and ~ -HeaJth and 2) $) MAXIM program ; following : of Healt~ State prior to ~ in for the C~'pOratePlu.040101 OCT ~2 '~1 89:43 TD 15617345926 and exl~e,'lse~ f,a~y, incurred enfor~ng-its ¥ights,an~l/or (;ollecting its mordes, ~,ectton 4~OZ ~ 4.0~ Sl~iof] 4.04 Section 4,OS Section 4,08 P. Section 4.07 8e0tion 4.09 · e~Uon 4.t0 Se~on 4.1t ~tim~ 4,1t~ OOm HaadBlg$. COPY TO: ~_im Heellh Systems, LLC Winter'Park, FL 32789 AT'TN: Kmvln IDo~ley COMPANy and ~ agreeme~a, executed in any nOml ~n~u~ ~n due ~ ~e; ~ ~ ~ this ~r~l to of this qualified h of this tto indimc~ that em t o~ the d of the 10/2b/2D01 19:5D 73~,592b SENIORS OAGE 84 OCT 22 '01 1~:~:4~ .ER TO 15Gl?D45926 P.OG/O? COMPANY and M~AX~M have acknowledged their understanding O~':and agreement t~ the mutual promises wqt~en above ~ executing ~-~A~_ , ~r;~a'~ent. BOYNTON SF,~CH ,SEN!?R~NT~[~:; '.~:;' MAXIM HEALTH SYSTEMS. LLC Signature Date 5 10/25/200- !9:50 7345926 SENIORS PAGE 85 OCT ~ '0! ~9:45 FR TO 15617~L5926 FOR Minimum ~E,?,quiremant. A minimum requirement Df above e~tabllshed q~te. _. 0 shots w~ be B/f/ed to COMPAt Ooupona. Ail c~Jp~n~ R . ~-v,~w,~;i ~ aclva~;e b .R~.C.?IEN:T at, the. t~me ~erv* '~ a,.r- ,,~nderi~."" YcoMCOMPA?'Y mu,t be sul~m ttecl to M M~IM fO~. a ,(~recl .t ~tOwards amOunl~ - -.-..~ ,,., .4.~... ~A~_. may return al unu~ re~Jrr~s wi be ~-~.~ ,~ .... :, _. - -. ,.m,'uM oy COMPANY "~'"'~ ~u' ~q m'~zing prior tO final bm r~ su~n~on.'. - Clinic Dates. Immunq:ati0n Cllttic~ wilt/~e I]MCl On lite follow~g day(s) ~lrtu at the rY et ~he ~,XlM by ~pOns to )flOwing '"ran~Lr've- INieed on tutti out of 'lgth cl'mJo hlcdude i'"dltiO~ll (latee and time1 off an at~tl~hmenL io~ 25/2OOl 1~:5o 73~5~s SENIORS PAGE 86 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOB Requested City Commiss~a Date Final Form Mil, st be Turned ~ifin~ Dates in to City Cl~rk s Office July 5, 2001 (5:00 p.m.~ July 18,200I (5:00p.rn.~ AugUst 8, 2001 (5:00 p.m.) AugUst 22, 200! (5:00 p.m.) [] July 17.2001 r" August7, 2001 F- August21.2001 E September4,20~l Requested City Commission Meeting Da/es [] September 19,2001 [] October 2, 2001 [] October 16,2001 [] Novernber6. 2001 NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids ] Atmouncement [] City Manager's Report RECOMMENDATION: Motion to approve and accept agreement (by R Systems ADR Inc. for the updating of planimetric base mapping features t[ the City and utilities service area. and furnishing digital orthophotography altitude photography for the CRA area~ only; by piggy-backing Palm Beach R2001-1523 dated September 11, 2001. Total project cost is $229,065.00. VI.-CONSENT AGENDA ITEM B.8 O/ 00).22 ~,, lh SS Date Final Form Must be :Fumed in to City Clerk's Office September 5. 2001 r5:00 p.m.J September 20. 2001 (5:00 p.m.) October 3, 2001 '~5:00 p.m.) O~ober 17, 2001 (5:00 p.m.) ! [] Development Plans [] New Business [] Legal [] Unfinished Busmess [] Present~ Iion solution) with BAE roughout portions of based upon low County Contract no. EXPLANATION: in the mid-1990's, the City. created a digital base map ol utilities service area in cooperation with Palm Beach County. The map inc] features including roadways~ edge of pavements, canals, and buildings. Th, additional features such as manholes, fire hydrants, utility poles, and other especially useful to utilities. The resulting base maps were used to create a the water and sewer systems. the entire City and aded 10 basic land map also included 14 Features that are ingle system map of Much construction and new development has occurred since the original mapping project and areas that were sho..w~_ as vacant have now been developed. For eXample, developments such as Nautica Sound and Via Lugano had not even been planned when the maps~ere created. The existing system map is therefore ina. ccurate in s.u.ch areas, and must be updated in ord.er to be a useful tool in the day-to-day ~peration of the utility. In addition, the utility ts embarking upon significant stormwater swale redevelopment that requires additional elevati?n features not included in the original base mapping. The information gathered through this mapping project will be useful to many other City agencies, including the CRA, which has (through the Director of Developmqnt) formally requested approval of the low-level orthophotogrnphy. The proposed work will also benefit the City's GIS S:\BULL ETll~FOR~MS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA I~M REQUEST FORM their efforts. The attached proposal includes three specifics tasks, and mentions a foUrth task for future 1. These In as a~ provid a and' will The cost for this pro] and their, selection by since their creation in of the 04 S S :~BULL ETIN~FORM S~AGENDA ITEM KEQUEST FORM.DOC from 405~5000-590-96- both act~wt~es. e pilot s~vale projects. CITY OF BOYNTON BEACH AGENDA I~":~QUE$T ~ORM Deparrmer~fI:tead's Signature City Manager's Signature Utilities Department Name /'C'ty AttomC~'y'J'Fihanee / Human Resources XC: Peter Mazzetla (w/attachments) Dale Sugerman Barbara Conboy Procurement Services." City Attorney File S :~B UL LETrN~FORMS~AGENDA ITEM REQUEST FORM.DOC . :,RESOLUTION NO. R-01 i A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING TH~ "PIGGY-BACK" BID OF THE BOARD OF COUNTY COMMISSIONERS - PALM BEACH COUNTY, CONTRACT NO. R2001-1523, AWARDED O.BAE SYSTEMS Al)R, [NC,, FOR THE U?DAT[NG T~0UGHOUT PORTIONS OF (5iT¥ ~ UTILITII~S SERVICE AREA, AND FURNISHING D!Ou~,~T~BORTHOPHOTOGRAPHY BASED ~ON PI-IOTOGRAPHY_ EOR, ..~i2~ PROVID[NG AN EFFECTIVE DATE. WItEREAS, in the mid-19902's the City created a digital base map of the entire City and utilities service area in cooperation with Palm Beach County; and WI:IEREAS, this Map included 10 basic land features including roadways, edge of pavements, canals and buildings, as well as 14 additional feature such as manholes, fire hydrants, utility poles and other features that are especially useful to utilities; and WttEREAS, the resulting base maps were used to create a single system map of the water and sewer system; and WHEREAS, much construction and new development has occurred since the original mappingproject and areas that were shown as vacant have now been developed. In order for this to remain a usefttl tool in the day-to-day operation of the utility department, the existing maps must be updated. The information gathered through this project will also be utilized by other City agencies, including the CRA, and the GIS Division; and WItEREAS, the City of Boynton Beach desires to "Piggy-Back" a Board of County Commissioners - Palm Beach County, Florida Contract this process, Contract No. R2001-1523, dated September I 1, 2001; NOW, THEREFORE, BE IT RESOLVED BY TItE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boyn~on Beach, Florida, hereby approves th~ "piggyback" of the Board of County Commissioners - Palm Beach County, Florida Contract No. R20014512, dated September 11, 2001 in the amount of Two hundred Twenty Nine Thousand Sixty-Five and 00/100 ($229,065.00), and authorizes the Mayor and City Clerk to execute a Proposal, attached as Exhibit "A',. Section 2. That this R~solutio~ shall become effective immediately. ~PASSED AND ADOPTEDthxs ~, dayof November, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk 09/25/01 11:06 ~1856A$67778 ~ SYSTEMS M)R ~0002/0002 $CH ~,:t~LrI,E OF FEE$ Septemb~ 25, 200 t (revision) photOgrammet rle~Ser~ess ~or-Ulnlafing the Basic Ge~rapbie Featur~ in the City mulServiee Area Combine4 Photogmmmetrie Digital Orthophotography for ~e Community Redevelopment Area E-23012 B1 E.23105-1 Photogrammctrio Digital Plardmetric and Topographic Land Base files for the ~Pilot Area" of ~e Storm Water Swale System Improvement Project (Areas #1 and #2 combingdtotal 0/'706 aotes, 23 Stereomodels) Phoro/o'mnmgtfio digi~ planimetrie revisio~ oftl~ 10 Basic Gcographio F~ ia the area west of F~le~al Highway ~o the appto~imnt~ Western City Boundary tota~ 2,478 ac~s, 179 Stereomodels in accordan~ with tile specifi~tions ofth~ ori~nat c. ontrac% includes digital ortho files for the bridge Photogrammetrio D~§~I Otthopbo~ography to cove~ th~ Community Redevelopm~tArea (totaling 1861 acres), Tl~ City's ctu'c~at (2001) aa'iai n~gatives at a scale of 1'--300' will be used (to~aliag 69 pintos from flight lines 9,10,11,12,13, and 14) Subtotal $58,355.00 $140,174.00 $30,536.00 E-25012 B2 will Im suhna#-a to Palm Beack Comtty and the Property ,~ppraiser (PBPA) for co~ skaring negoamiora~ Photogrammctric digital planimctr~ revision of the 10 Basle Geographic Features in the Uniaoarporated Service Area west of the Ci~ Boundary totaling 625 acan~ 27 St~-eomodels ia accordanco wi~. the specifica'dons oftl~ odgiml contract. SUBMITTED BY BAE SYSTEMS ADR INC. By: ~ Loui~~n~l Manager Dated: This ]-~-~ dayof ~fe~c~-2001 APPROVED BY CITY OF BOYNTON BEACH, FLORIDA By: Gerald Broening, Mayor Dated: This day of 2001 TO: From: Kurt Bressner, City Manager Quintus'Greene, CRA DirecTor Date: October 19, 2001 RE: Aerial Photographs Pursuant to the action of the CRA board, at its regular meeting of October g 2001, the CRA formally requests that the agenda item involving the aerial photographs by the Utilities department, go forward. It is understood that there is no cost to the CRA associated with this item. Memorandum To: Peter Mazzella CC: Kurt Bressner, Peter Wallace From: Regina Hagger Date: October 16; 2001 Re: Enterprise Plarfimetric Update for 2001 The GIS Division is in full support of the Planimelxic update budgeted for Fiscal Year 200t-01 by the Utilities Department. The Utilities Department and the GIS Division have b~en working together in partner ship in the implementation of the Enterprise-wide GIS database. / The update of the ptanimelrics by ADR will accomplish several things: · Provide an accurate picture of the current ground features in the most rapidly growing areas of the City of Boynton Beach. The planimetrics were flown in 1996, som~ of that information is still valid, but the majority of it has changed drastically. This update wi!~ provide the City will the most current information that ~vill be brought into the City's Centralized GIS Database for al/ of the City Deparnnents to share. Create a digital ortho photo of the CRA area for use b~, all of the City D~ photo will accurately capture the redevelopment of the CRA. including ~ redevelopment and the Ocean Avenue Bridge, Currently we have black photos from Palm Beach County which where flown in 1999. These art Ocean Avenu~ Redevelopment, ~he New Ocean Avenue Bridge or the ra western part of the City. The County ortho photo's are not at a resolutio the City staff in the Development Division. The new orthos proposed resolution afl'=300' ThiswouldallowtheCitystafftoviewthedetai] parcels for the beaefit of the Code Compliance, Occupational Licenses,. Planning, and Bffilding Divi~i0nsl The City staffwould be able ~o see tlc fences, sheds, sidewalks, etc. This currently is not avadabte with the Co panments. This ortho le Ocean Avenue md white dig/tal ortho tos did not capture the >id development in the ~ that provides detail for Utilities would be at a of the individual [~developmear, ~ backyards, pools, tory Ortho's. · Assist in the fu,~her implementation of the GIS database, by providing updated information about the e~ist~g featur~ in tile Ul/lit~ Ser~vice Are~. This Wilt'assist thee City in compliance with the ?eiteraI. ~overp4n~nt )k~qounting. Office's GASB 34 restarting rdquirements b3 reducing the amount:of field verifidatiori by City staff and/or Comultants. The GIS Division fully supports the update of the planimetyic layers and the digital orthos photo's as proposed by the Utilities Department. Sq~tember 10, 2001 Mr. Peter Mazzella Assistant to the utilities Director City of Boymon Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Additional Utility Features and Providing New *1 Unincorporated Service Area Digital Orthophotography to cover the Community Redevelopment Area (a BA~ Dear Mr. Ma2zelia: We appreciate the oppommity to Present this Proposal and Schedule of Fees for the above described projects consolidated into one c06rflimlted pr0duction, effort. ~ We express our compliment foriyour diligent effor~ to compile the six project maps indicating the exact area f~r updating, which help td limit'the ste~om0del set'ups ~o the area of changes. This, according to our opinion representS a substant~l eo~t sawng to the C~ty. The project has two main segr~" ents, 'na, mely' the pI.anim~ topographic su[v, ? of ~.e~ St ,o~n. Sw~.~_l; System, improvement ,Pilot Project as described belo.w; fiarth.ermore, me.upaarmg o~ me ptammem features in the balance of theCi~ and the Serrate:Area m the unincorporated area. E-23012 B The Storm Water ~vale System 'hnPr°vement Pil°t Pr°iect t°taling 705 acres BAE SYSTEMS ADR will pro, wi Photogrammetrie-Topographi¢ ~ ,,A~eas delineated on the atthchefl~! Additional Utility Surface Vea~ files Will serVe ~s a compreh~ System Improyements Pilot Pm~j, M. Chavez and,D. Holtz of Car~.~p, ~ ul~tO-d~ edure to i eject Mat ~. and?E '~ aCC0rc The work will be accomplished~ in 2.(~tv~o) closel,y ?o. ordinated work Field Survey Phase and the Pho~t°grarmnetri¢ Operations. ~'p!a.~metric and topographic digital land base by Stereo ~v~r the combined areas of Area #1 and #2 as Pilot Project ;h°wing d/6 below listed "Basic Geographic Features", the cg~n ]'~0in~,,:: it is ~our understanding that the digital land ~ic~ ~nan bas~ for the design of the Storm Water Swale a-~ Wi~h~th~'~peCificati°ns discussed With you and Messrs. M~Kee, Inc. phases such as the on-site traditional BAE SYSTEMS ADR 9285 Commerce Highway PennsauKen NJ 08110 USA Teleonone [800~ 257-7960 Fax (856] 486-7778 Mr. Peter Mazella September I0, 2001 Page 2 Description of the Photogrammetrical Topographic Procedure: Project Planning and Project Preparation We will use the City's current 1" = 300' aerial negatives (2001) Select the stereomodels to cover tho Swale Project areas as well s the entire combined pr0ject'areaS~ fotal i~f 229 SteXeomodets: Prepare aerial photo-positive (9" x 9") to be used for the vertical ~detic Photo Control Surveys Geodetic vertical control planning Convert those aerial negatives, which are required to assure the ~tegrity of the stereo pairs of the combined 2 (two) project areas and the entire combined projeo~ area into digital form to be used in Me '*sol, copy photogrammetty" data capu~e 1 Perform Vertical Geodetic Photo Control Surveys The positions will be marked on the ground with copperwel~l rod, "PK" nails, or railroad spikes driven flush with the pavement or ground, or hi the form of chiseled marks on concrete permanent objects. Plane coordinate values based on the selected grid system of the mapping will be determined for these points~ The additional vertical control points needed to support the integrity of the stereo models for DTM will be accomplished by High Order Differential Leveling teelmiques. The vertical datum will be 1929 NGVD. BAE SYSTEMS ADR ~ill locate recoverable USGS, State of Florida and/or Palm Beach County bench marks as a base for additional vertical control points. Horizontal Datum The horizontal datum will be NAD 1983. Analytical Aerial Triangulation We propose to generate supplemental vertical control for th Swale Project Pilot Area using field and analytical aerial triangulation methods. Our firm will complete all mensuration and COmputer sea-vices necessary to generate a minimum of $ (six) analytical control points for each stereo model of aerial photography. Mr. Peter Mazella September 10. 2001 Page 3 pl~nimetric and Topographic Features robe Stereodigitized in the SWale ImproVement Pilot Area List of the "Basic ' Geo~raohic Features All drainage features: coast (shore)-lines, lakes, rivers, carrels, etc. sea Wa~s Railroad tracks Buildings .:, , .... F,races, walls and other featt~es, which appear to be property lines Back e~lges 0f ~ide walks(property side) jdio and-television towers or ~t~rsections (traeac is!~, ds, painted symbols) Slaf~lafi~ c6brdinate of Section and QUarter- Section.Corners~om CoUnty sources ! A~nalUtilit~Surface Features · Storm dmin manholes · Sanitary sewer manholes · Valve boxes' · Fire hydrants · Lm~ans ' · Catch basinsi Yard inlets, culverts · Swimming ~ls o Utility pc~les: · Sidewail~'(r°ad side) · Driveways · Patios:and:impervious areas. ·siw (St6p etc.) · Power poles (Wansformer, light, etc.) and other permanent sn'uetures · G-retinal transformers · Large trees (over 6" diameter) Elevation Points to be Shown · Along the approximate centerline of each driveway starting close to the building and across the opposite side of the road to a point 1'+ beyond the sidewalk (or to the approximate R/W line) at each significant grade change or the mimmum of 25' whichever is less. · In between houses (buildings) provide at least one line of elevation across the road including sidewalks. If the spacing between houses exceeds 50 feet, provide a line of elevations across the road every 50'. Mr. Peter Mazella September 10, 2001 Page 4 E-23012 B1 Uodatine of the Western Area of the City to the approximate WeStern City Line ! As a, coo.rd,_ ted production effort, BAE SYSTEMS ~R will perform the ph~ogrammetric digital plammemc data capture in accordance to the specified'± 6" horizontal accuracy for the items on the "List of Basic Geographic Features" for the balance of the City (ID totaling 2,478 (two thousand four hundred seventy-eight) acres E-23012 B2 ,Uodatin~ of the City's Ser~ice Segment'in the nnineorporated area of Palm Beach County The Service Area in the ~orp0rat~d :a2t~a of Palm Beach County, represents~;th six hundred twenty¢£our (624) acres~a~.~d ~11 be upda, eX[-from th~ C(ty'~ne~v ac~ wifffthe ~ec~c,SaSaz a~m~it ~1~ thi~ ddcflment. A compgs~te s~ scale ~ 0fthe mmbhl~ C~Sendce Area will be areas el~ foe ~.~g ~ce~. :.Th~ mal~?fl! !be presented; az Siig~eSt* Pr0perty Apprmser a~ the t~ ~~ Gi$ Divasmm (approximate total of !~0~)~ Photography in ;o illustrate all of the t, tO the Palm Beach and stored on hard graphic systems. ~ur central Upon completion of the pkotogr0nm!etrjc data ac~luisiqons the digital through BAE SYSTEMS ADR'~ digi~l gniphic eafi~nee~ant program. Once the vector land base is judged to be completed, it will be translated to DXF format for final deliver~ to the Cityi be processed 14 or Area of One Thousand Eight Hundred and Sixfy-one (1861) acres Digital orthophotography provides ortho ~gon~l (planer) representation of tho earth, I photography. The ortho-~recfification prcq~s elhnin~tes distortions always pres photography. Ortho-rectificatio~ allows a~l'~is~le features in the aerial imazery to ~n thetr correct posmon On the appr0.x~.~ataon of the earth s surface. Generation maintains two major advantages as compared to mtditlonal "photorect~fication": · It provides digital files of tile. pkoto. .'mm~ g~s (rasters) that may be disple · The rectification results in true horizontal dimensions identical in accuracy ~ y rectifying the aerial ~nt in vertical aerial ye placed and viewed ff digital orthophotos 'ed on the computer ~ the vector data Mr. Peter Mazella September 10. 2001 Page 5 Highlights of the digital orthophotography pro~,edure are as follows: 2. The 1"=300' I tothe new 2001 BAE TIFF a. Horizontal Ninety pge, em (90%) of all planimetri photography ~shal[ h~ ploCed to at' aela hished ,m~g. coordinate positrons. . b. Vertical AcCuracy, features, whmh hre Well-defined on the ktion 9~n the Emished maps shall be accurate ~i ~r0Ufld cOgrdinges, as determined by test f~tu~ tested shall he misplaced on th )~) ~ini. gro ~Ugd', coordinates fi.om their tree Nine~ nercent f90%5 of soo~ ele~Vatlons;~hc~ on ~e ma~ shall ~ve ~ acc~acy of at l~ 0.2' ~e ~g t~-~m,~0%)~l oot be m ~or ~ m~e~ 0.4. We ro e to corn l~e the ~o~and s~ic~ ~c~b~ abo~e for~the S~ale Syst~ P~t Mm ~d for m~ Cnmmnn~ R~evel~em ~ m avv~ ~[mont~ afl~ ~e .~e o~ A~ment and will' complge ~ di~' 1 o~h~oghp~. ~ p~tc~ up,ting, m~. ~6~g mon~. ¢o~ of five mom~). Mr. Peter Mazelta September 10, 2001 Page 6 BAE SYSTEMS ADR will submit invoices on a monthly basis, based upon services completed in accordance with the Description or'the Photogrammetrie, Planimetric, Topographic an~ digital orthophotography Procedures. This proposal is firm for 3 (three) months after which time it ma~v be reviewed and iyvised. ! It is BAE SYSTEMS ADR sincere desire to provide a land- base which~Oll;effecl ively conm~bute to the .ultima~ goal. Of the'CiG of Bp3~t0n ~ll S~rm:.~W?er ~ S ygem Impmv~ e ~ts Project, revision of the Dig/tal Land Base for the C~'s~Ge0gral~hic'Info~ti~;~syst~m & 1 g~ffei-ation of digital orthoph0tos .for the City's Redevel~ment Area. We' a/h~areeiafe'~he ~ppommiW ~ propose and: ar~ prepared to furnish any :additio~ al:information at your request. ~ Very truly yours, · BAE SYSTEMS ~-~R Inc. "~--~Zouis ~7omondi Sedi0r'Regional Manager db Attachments: Schedule of Fees Project Area Map for the Swale Improvement Pilot Project ~0~01/200~ / / PALM BEACH COUNTY NO?XCE 02/'02 pUBUSH: THE PALM ~.,A. OH POST ~UN~A.Y: Oet~'~bef 17 *[~00~ December ~, ~ Hh26 Fl~O~-Palm Bch Cry iS$ - 8th FL 5~1 $~ ~482 T-168 P,002/0113 F-ti40 CONTRACT FOR CONSULTING/PROFF~SIONAL SERVICES This Contract i~ made as of the day of $£P f'! ~,, 2001, by and between Palm Beach County, a Political Sulxlivision of the State of Florida, by and through its Board of Commissioners, herekmftor rderred m as ~ COUNTY, and ~ ~VST~S ADR /nc_ iO bushaess in the State of Florida, her~naq~ referred to as tho LD. orSo¢ialSecurkyn,~mberis _vT_~on6~l . / ., the COUNTY an~ the CONSULTANT ~RTICLE 1 ~ SERVICF~ Tho CONSULTANT~; responsibility under this Contract is to provide professionfl/¢0mnltation sexvices for p~n/motric and digital ortho photograpl ~i as ~ed £or the C'O~ S Geographic Information System (G: Upon reqnest; bf the COUNTY'S representatiye, tho CONSULTANT will with a Writter~ firm ~ proposal and schedule for each proposed Task Orde is awar~ that the COUNTY h~iq entered into contracts with other firms for si, propo~<l Task ~ pOtential Stlpplig~i'S Without The CONSULTANT has not been gu; Contract and the COUNTY will award Task Ord Task Orders will bein substan~ially the form of F. XHIBIT A, describe th* wo~ schedule for performance, and ~e f~iix fixed price based on rates set forth in l costfl to, b~ lflselt to dt~terllXillo tho final price of llie Task Order, with a '~not t{ Ta,k Orcters,of less than $100,000 wfll, b~ authorized by the County Adminig Task Ord~s,of $100,000 or more wilI require approval by the Board of Con The COLI}YrY'S representative/llai~on during the performance of this Ct Ratchinsky, Countywide GIS Coordinator. telephone no. 355-4275. The CONSULTANT'S representative/~i~i~on during l~e performance of thh ~,~h~=~-~- .?_ ~i~k*~v. Di]r_ Sale~ & Market,tel~phollollo. ARTLQLE Z. SCItlgDULE Th~ ~ terffi of this Colltra~t .~hall commarice on August 21, 2001 and termi. The COUNTY may, at its option, extem:l the Contract for up to three (3) a( the COUNTY with y mapping goods and rovlde the COUNTY Tim CONSULTANT ~ila~ S~a'viee,S and ~at der, or ~u~g comp~g c to be performed, the ;XHIBIT B and other ex~" rator or bis designe~, ~ty Commi~ners. ntract shall be Kelly Conh'act shall ;-663-7200 ,re August 20, 2003, ,ditional one (1) year periods, upon written notice to the CONSULTANT. Nc Task Orders may be issued following expiration of the:Contract arid all open Task Orders shall be completed in accordance with their applicable schedules. The COUNT¥~ issue .Task.' Orders for s CONSULT~ shag.submit a pr0p°sal for each The Piny 6ther charges ~ - ..... tract ~"' the CONSULTANT shall also act a~,'tlie execution of a troth-in- · ature o~[ tins ~mm:a uj ~ · ,, ~ ;: ' ' and, other ~gn · - : ' ' , XHIBIT'B); o~:4head.cha~ges, · . ., .~ ; that the wage rates (E , ;:., ~ ,~ · negouaUon ~0~¢a~ ce,rt~~ . .] .~ .~ :;.-+~;~o Contrae~::m aceum~te; complete and :" :mi~ethecom ensauonpromuea~ma, m~ ,, '? - .,- costs used to :deter , P ..... ,---.,- .... oed the CONSULTANT S most current as of~ date, io!the coatrac! anaUl .. g . ,,:; ,± ,~,.; .. ::;:.,~ favored customer for, the same or substanU~y smmar serous. :, The said ra!es and costs shall be adjusted to excludei, a.ny,~signific~t:, . ! i :!ir!l :s~ms shouldi~ i it~e COUNTY, res and'costs were increased due t° inaccurate; ii~cdn~plete 0t n~o. neur;rent Wage determine thatthe:ra, te re resentauons" ' of fees v~;aid' ,to outside"', ' cOKSafltants.,. , · The COUN~ shail ARTICLE 5 - TERMINAT. ION This Contract may be terminated by the CONSULTANT upon sixty (60) days' · ' e in,the event of s~bstantiar failure by the COL to the COUNTY s representauv accordance with the terms of this Contract through no fault of the CONSULTA te~ated~ ia whole or ia part, by the COUNTY, with or withou, t c.a ,u~, notice to ~ CONSULTANT: Unless the CONSULTkaNT m m oreacn o of termination. After receipt of a TerminaUon Notice and except as ottaerw CO~ the CONSULTANT shall; A. Stop work on the date and to the extent specified. Bo Terminate and settle all orders and subcontracts relating to th terminated work; C. Transfer all work ia process, completed work, and other ma terminated work to the COUNTY[ D. Continue and complete all parts of the work that have not been ARTICLE 6 - PERSONNEL The CONSULTANT represents that it has, or will secure at its own expense, ar required to perform the services under this Contract. Such personnel shall no have any contractual rehtionship with the COUNTY. All of the services required hereinunder shall be performed by the CONS[ supervision and all' personnel 'engaged in performing the services shall be required, authorized or permitted under state and local law to perform such s~ Any changes or substitutions in the CONSULTANT'S key personnel, as may 1 "B", must be made known to ~ae COUNTY'S representative and written appr by the COUNTY's representative before said change or substitution can be, co: The CONSULTANT warrants that an services shall be performed by skilled and to the kighest professional standards in the field. All of the CONSULTANT'S personnel (and an Subcontractors) while on comply with all COUNTY requirements governing conduct, safety and seem ARTICLE 7- SUBCONTRACTING The COUNTY reserves the right to accept the use of a subcontractor or to r( )flor written notice qTY to perform in 5lT. It may als~ be lately upon written this Contract, the )ri,through the date we directed by the performance of the ~rials related to the terminated. necessary personnel : be employees of or ,TANT or under its any qualified and, ff rvices. e listed in EXH~IT )val must be granted ne' effective. competent personnel ~ounty premises will ty. ect the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Contract. The CONSULTANT is encouraged to seek minority and women business enterprises for pamcxpauon m subcontracting opportunities, ,If ~e. CONSLI~-T~ uses any subcon~actors on this proj~ec~ th~ _ foll~wingprovision~ of this Article Sha~ appiyli :. If a'sub¢~mtractor fails tO perform or m~ke.pro?~S; as require'bi tMs C0ntta~t, as~t is!necessa~ ee the S l ntraitor to comp le) !he.;ii p[k e!y ifashion; the CON jLTANT hall ;_, : ' ', '" : a~e~ntanec Of the-I~W siil6contracto~ bY the COUlq~ The C :Understands that each mmortty and/o~ women ~w~:.ed~f~r,~utiliz. e.d..on..this eon;r~c~ nmst be~ .ext~ i~yPalm Beach County in order to t~ countea as~M/.w~ pammpauon. -- ,,,~(.~.,~-~2~ ~;.~,2¢ ~o}ees (o' nrovide the Office of Small and MJnority/W0men Business · ' ' o .~ ~'xxrqlli ;r~NW~ contract with any M/WBE subcontractor or a y Assistance m ,.:,. py other relaterl: d0~umev/ta~i°n UP0n xequest. CONSULTANT Understands the requirements to comply with the tasks and proportionate dollar mounts t~oughout the term of ~he contract as it relates to the use oftVl/WBE firms. ~, a certified M/WBE subcontractor who is unwilling ~ M/WBE in order to or unable s Contract. If CONSULTANT cannot find a the CONSULTANT must establish it uests for substitutions of M/WBE must has ~titlX a copy to the COUNT~ Office of Small and be The or is prohibited from making any ,agreements with the provide sub-contractors quotations to other bidders The CONSULTANT agrees to maintain all relevant records and information necessary to document compliance w[th~the applicable M/WBE prox6sions of the Pakm Beach County Code, as amended, and will allow!the COUNTY to,inspect such records. ARTICLE 8 -:FEDERAL AND STATE TAX The COUNTY is exempt from payment of Fl°rida State Sales and Use Taxes. The COUNTY will sign an exemption certificate submitted by the CONSULTANT. The CONSULTANT shall no~ be exempted from paying sales-tax to its suppliers for materials used to fulfill cofltractual obligations with the COUNTY, nor is the CONSULTANT authorized to use the COUNT Y~ Tax Exemption Number in securing such materials. Tile COIq'SULT~ANT shall be.reSPonsible for payment of its own and its sh payroll, payroll taxes, and benefits with respect to this contract. ARTICLE 9 - AVAILABILITY OF FUNDS e of its- employe~.~' pay . ARTICLE 10 - INSURANCE CONSULTANT shall; at its sole ~expense, agree to during.the m ofthis cOntract, ~uraricecoverageS and limits describedherein.~ The ~equirements contained herein, as well acceptance or,insurance,maintained bY CONSULTANT are not any maimer limit or qualLey the li&bitities and obligations assumed by C( ,ifc contract. Co endorsements), as or ~NSULTANT under Commercial General Liability CONSULTANT shallmaintain C0mme rciat General Liability at a limit 0~ tial~ddt not tess than $500~000 Each Oecurrenc6 Co~:)erage shall not enntaln any :' 'Y. , . · 2~ I' end0rse~ment excludmg Contractual Liability or Cross Liability unless, g'anted m writing by c~mt :'s Risk Management Department CONSULTANT Shall provide this coverage on a primary basis. s Automobile for all awned, non- BnalneSS:Automohile giabilltyr CONSULTANT shall Liability at a limit of liability not !~.ess ~han $500,000 Eac~ owned and hired automobiles, in the}bvent CONSUL'I~ANT the P~uto co.~emge, form. tgree be lusiness primary basis. Do 440~ uivalent When a sdf-insured retention (SIR) right, but not the obligatiOn, to review and request annual report or audited f'mancial statement. For policies written on a "Claims-Made" basis, CONSULTANT shall maintain a Retroactive Date prior to or equal to the effective date of this Contract. In the event the policy is canceled, non-renewed, switched to an Occurrence retroactive date advanced, or any. other event triggering the ~g~tm pumhase~a Form; : . '_ ..... :_n te~m' during : :the life of' this Contract, years. CONSULTANS' shaU pr6¢i~ithis:eovera~e oh ~Pr~Y'~is: '~ .: . -- force and llimits and Excess knit for The r Excess endorsements, herein from time to time throughout the term of this Contract. COUNTY reserves the fight, but not the obligation, to review and reject any insurer p :oviding coverage because of its poor £mancial condition or failure to operate legally. ARTICLE ~1 ~ tNDEM_NIFICATION CONSULT~N~?f ShaR protect, defend, reimburse, indemnJfs' and hold COIJ emploYees deiec Jd:dffce harmless from and against all claims, liability, e damages or causes of action of eve~ kind or character, including attorney's fees at trial or appellate levehor o~e, arising during and as~a result of'their peffor of this Contract or due to the acts or omi.qsions of CONSULTANT. ARTICLE 12,!-SUCCESSORS:AND ASSIGNS The .COUNTY !and the CONSUDTANT each binds itself and its partners, suc~ ad~trators.an~ assign~ tO the other party and to the partners, suec adraini~trators and. assigr~'0f such ot .he~ p ~af~y, in respect to ali covenants of ~ as above, neither ~ COUNTY:nor.the CONSULTANT shall asmgn, sublet, ec interest,in this ~mct wi~out the prior ~ written consent of the other. Noth construed as c~estlng ~'~y pe~so~lia~ty on thepart 0fany officer or agent of' sh U it c0 ed giv g anY, .. ts herermder to anyone Other and the CONS~LTANT. · ' qTY, its. agents, ~pense, loss, cost, md costs, whether nance.ofthe terms :essors, executors, ~ssors, executors, Contract. Except avey or transfer its ng herein shall be he COUNTY, nor han the COUNTY ARTICLE 13- REMEDIES This Contract shall be governed by the laws of the State of Florida. Any legal action n?essary to enforce the Contract willbe held in Palm Beach County. No remedy herein confe~ed upon any party is intended to be exclusive of any other remedy, and each and every such remedy sha~. be cumulative find shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of: ~y fight, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 14 - CONFLIC'I~ OF INTEREST The CONSULTANT represents that it presently has no interest and shall acqur direct or indirect, which would conflict in any mariner with the performance hereunder, as provided for in Chapter 112, Part III, Florida Statutes, The CO~ represents that no person having any such conflict of interest shall be employed of services. The CONSULTANT shall promptly notify ~ COUNTY's repr. esentative,.in. mail of all potential conflicts Of int~est Of any prospecUve business assoma~ circumstance Which may influence or appear to influence the CONSULTANT'~ e no interest, either f services required 'SULTANT further >r said performance ~fiting, by certified }n, interest or other udgement or quality Such written notification shall identify the prospective business of services being provided hereunder, the CONSULTANT may undertake and association, interest or circumstance, the nature of work that request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, conflict of interest if entered into by the CONSULTANT: the within The CONSULTANT shall not be considered in default by reason of any failure in performaDce~ if such 6m/~etor~anfl. Without their fault °r ~g g c~ ma e~re~ ~natural or pBD. n¢ ,~ a . , . of God, for ~ ..... abr~onually se~ere and unusual we ~a~.he~ qonamo · to-~ .... "7 ' . : ' · ~': -~ :~i-~;~tra~t sd~dle ~udfoi:any other affecte~.p~zg.n:pttlns ubeo ' etors t~utt or negagence, mo,~,,;,a,~ :. ~ s ntra. . ~ ~. :, ..... ~:.~ttotheCouNTYBrightstocha~ge,~e. rmina~e~o~stop COntract shall be revised accommg~y, any or all of the work atany time. The CONSULTANT shall not pledge the COUNTY'S credit or make it a guarantor of payment or et for an contract, debt, obligation, judgement, lien, or any form of indebtedness. The sur '.'y b' _ . a ..... ~*~ that it has no Obligation or indebtedness that would CONSULT~ further warrants anu wg~,,~ im~-ai~ its ability to fulfill thelerms of this Contract. ARTICLE 17 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS before~ing eligible for final payment ot any mounts uu~, ~ ,~o and ~or the COUNTY under this Contract. To the extent allowed by Chapter 119~ Florida Statutes, all written and oral information not in the public domain or not previously known, and allinformation and data obtained, developed, Or supplied · ' be by the COUNTY orat its expense will be kept eonfidentaal by the CONSULTANT and wLLI not I sed tO an other party, directly or indirectly, without the COUNTY'SPrior written consent disc o Y ' ro rams, data ~ase, reports · ~ ' rawm s ma s, sketches, p g Unless reqtnred by a lawful court order. All d g , P and other data developed, or purchased, under this Contract for or at the COUNTY'S expense shall be and remain the COUNTY'3 property and may be reproduced and reused at the discretion of the COUNTY. All covenants, agreements, repre~entatio ns and w.arr, an?es made herein, or o. therw~.e .made.in w}'i. 't~ng by any party purSUant hereto, including but not limited to any representations m~e hereto relating to disclosure or ownership~o f documents, shall survive the executxon and delivery 0f this Contract and the consummation of the transactions contemplated hereby. ARTICLE 18 - INDEPENDENT CONTRACTOR RELATIONSHII~ The CONSULTANT is, and shall be. in the performance of all work Services and Comract, an~!ndegendent Co~traetor, and ngt an employee, ~gent, or servant o! personsengaged i~any of. the wbrk or S~rvices peff6rmed'~su .a~. t to this C~nm in -plac, , to hei O S sol CONSULT~T.stmlI: ~xer~se'. COntrol Over the _~=a~.s ~a~.a m, %a~.~ r:~ w~nt~ the in the C NS ? x .S r?Sns p employees to the COUNTY shall be that o£ an Independent Contractor and · agents of the COLrNTY. The COIqSULTAI~T does not have the power or authority to bind the COLIN agreement or represemation. The CONSULTANT warrants that it has not employed or retained any comp than a bona fide employee working solely for the CONSULTANT to solicit or and that it has not paid:or agreed to pay any person, company, corporation, indi, than~a-bona fide employee working solely for the CONSULTANT, any fee, corn gift, or any other coaSideration contingent Upon or resulting from the awar Contract. ARTICLE :20 - ACCESS AND AUDITS The CONSULTANT shall maintain adequate records to justify all charges, incurred in estimaiffng and peffo~g the work for at least three (3) years termination,o~this Contract. The COUNTY shall have access to such books, rec as requked in this section for the purpose of inspection or audit during normal [ CONSULTANT'S place of business. ARTIcLe. 21 - NONDISCRIMINATION The CONSULTANT warrants and represents that all of its employees are t employment without regard to race, color, religion, disability, sex, age, nafic ctivitics under this the COUNTY. Ali .et shall at all times, t, and control_ The and its employees ~.relationship~of its vt as employees or rY in any prorcdse, ny or person, other ;ecure this Contract 4dual, or firm, other nission, percentage, or making of this ~xpenses, and costs after completion or )rds, and documents usiness hours, at the rated equally during nal origin, ancestry, 9 marital status, or sexual orientation. ~-~ ' _ .....~.~.~ -- L ........... and ~m-r~s that it has and will continue to maintain all The CONS~UI~I'2flN:t ~rq~y ~w.~ .~, ,~ : , i . · licenses and approvals ~equired E6 Condue~ its b~S, a~fi that it will at all }Jmes conduct its business acfi~ ,~ ~reputable ~er. ~0f of SUCh licenses and approvals shill besubrmtted to the rePres nta ! Qg es3 . / .... this contract or performing any wo~& in furtherance affiliates, suppliers, subcontractorstand consukants ythe 287 133(3)(a). g. alteratiop~, reductions in writing: (1) provide a detailed estimate for the ~ , the COUNTY of any f this Contract. ....... "~*&~"J~' ~ ~st-'"ts in ~fi~.kJ i~ ~NSULTAIqT shall, suspend work On that portion of the ehange. If the COUNTY' elects, to make the change, the COUNTY. s~all initiat .e.,a co, m[a! Amendm, e~t ~ theCONSULT~ shaIl not commence wo ~rk.. on any such Change unto such wratea amenumem ~s s~gned!b~t~the~CONS~LTANT and app!;oved and executed on behalf o~'Palm Beach County. ARTICLE 26 ~NOTICE All notices required in this Contract shall be sent by certified mail, return receipt requested, hand delivery or otherdelivery service requiring signed acceptancei If sent to the COUNTY, notices shall be addressed tO: Kelly Ratchinsky ISS - Countywide GIS Coordination 301 N. Olive Ave. 8~' Floor West Palm Beach; ~ 33401 With copy to: CountyAttomey Palm Beach County Attorney's Office 301 North Olive AVe. West Palm Beach, Florida 33401 If sent to the CONSULTANT, notices shall be addressed to: Robert J. Hickey, Dir. of Sales & Marketing BAE SYSTEMS ADR Inc. Pennsauken, NJ 081 10 ARTICLE 27 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY .and the CONSULTANT agree that this Contract sets forth the entire agreeme, nt between the parties, and that there are no promises or understandings other thtm those stated hereto. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto in accordance with Article 25- Modifications of Work. 11 VClTNESS ~H]/;REOF, th~ Board of County Commission.s of Pahn Beach Coun~ Plorida made and cxt~cutexl ~ Contract on behalf of 1;he COUNTY and CONSULTANT has hereunto ATTEST: Company Name Didi_ Ru~er Brian Reeves Name (type or print) APPROVED AS TO FORM AND LEGAL SUI~FICn~-NCY CO-at~ Attorn~ Approved as to t~rms and conditions Marlo Or~ Chuii~er EXHIBIT "A" TASK ORDER TASK ORDER $ ACCOUNT $301 491 M016 3401 COUNTY CONTRACT MANAGER PROJECT NAME LOCATION TASK DESCRIPTION COI~SULTANT CONTRACT PHONE (use additional pages if necessary) DELIVERABLES TASK ORDER TYPE *TOTAL AMOUNT $ RETAINAGE 10% *See attached spreadsheet dated DUE DATE TOTAL AMOUNT WITH W/MBE PARTICIPATION $ PROJECT MANAGER DATE signature CONTRACT MANAGER DATE Signature CONSULTANT DATE signature cc: Irwin Jacobowitz, Contracts Development & Control Robert Busch, Information systems Services penny Anderson, ISS/Countywide'GIS 13 EXHIBIT "B" CONFIDENTIAL (This Information for Palm Beach County Only) RATE SHEET ADR, Imc. June 30, 2001 Project Manger Certified Photogrammetrist Senior Stereo Compiler Stereo ComPiler Junior Stereo Compiler Graphics Editor Analytics Specialist GIS Specialist Digital Ortho Specialist Digital Ortho Technician Computer, per hour CADD/GIS Workstation, per hour Analytical Stereo Plotter, per hour Softcopy Workstation, per hour B&W Scanner, per hour Color Scanner, per hour 120.00 77.00 61.50 58.50 50.00 60.00 72.00 97.00 75.90 60.00 5.50 10.50 21.50 19.00 25.50 30.00 *These rates will be effective for one year. At the end of each year an increase of 5% will be applied. 14 ---Original M~ssage--- ~m: Mazzella, Pete ~ent: Thursday, October 04, 2001 5:45 PM To: Sugerman, Dale; AUdns, {Bill Subject: RE: Commission Agenda Item - BAE Systems ADR Inc. Gentlemen Attached is a spreadsheet with an itemized breakdown of costs based upon the rate sheet attached to the County contract. Th s spreadsheet shows the estimated hours for each employee and equipment category multiplied by the cost/hour. The hourly rates appear to match those on the rate sheet. Note that a subcontract cost is also included for on-site surveying. Use of subcontractors is allowed under Article 7 of the contract. Some on-site surveying is essential to the development of the fin shed product Please contact me if you have any additional questions on th s matter. Pe=er Mazzella CITy OF BOYTON BEACH. FLORIDA ADJUSTED RATES CONTRA(TI'OR BAE SYSTEMS ADR VI-CONSENT AGENDA ITEM B.9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Corramss~on Date Final Form Must be Turned Meefin~ Date~ in to C'iI~ Clerk's Office Requested Cit) Comm/ssion Date Fh~al Form Must he Turned Meetin~ Dates in to City Clerk's Office [~ July 17, 2001 July 5, 2001 5:00 p.m. [] September 19, 2001 [] AugustT, 2001 July l8, 2001 (5:00p.m.) [] October2.2001 [] August 21. 2001 August 8,2001 (5:00 p.m. [] October 16, 2001 [] September4,2001 August22.2001 (5:00p.m.) [] November6.2001 September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m. October3, 200I (5:00 p.m.) October I7, 2001 (5:00 p.m.) [] Administrative [] Development Plans cD NATURE OF [] Consent Agenda [] New Business AGENDAITEM [] Public Hearing [] Legal [] Bids [] UngimshedBusiness [] Amaoancement [] Presentation [] City Manager's Report RECOMMENDATION: Purchase of solar powered emergency phone system for golf course from Express Radio in the amount of $15.736.10 (piggybacking of Broward County School Board Bid #22-060N folr Two-Way Radios. Equipment & Accessories, EXPLANATION: Our current system has three phones in our relief stations covering approximately 150 acres. They are l~ardwired underground, were installed soon after opening in 1984, and have become very unreliable. Presently one of these phones is inoperable and would require complete rewiring from the clubhouse to the phone located on #4 tee o~n the Championship Course. In[ addition, these phones are run through the City's PB3~ system and are therefore subject to the same "system down" issues as any other City departmental phone. The cost ef this single repair is estiniated to exceed $3,000. These phones} due totheir locations and wiring, are frequently subjected to lightning strikes through the underground ~ng. This then leaves them inoperable for several day~ whi~e ITS de~ermines which part was damaged, obtains replacements, and installs the part. PROGRAM IMPACT: The most significant change with the system is that it will allow us to install 7 call boxes throughout the facility, instead of just 3. This will increase our customer service/safety coverage greatly. More stations mea~s less driving around looking for one of the three possible points of communication. We.plan on placing three of the s6vea units near the reliefsf~tlods for those who already know our safety systems are tfiere, and four more locations which will eliminate the need for golfers to drive, or walk, around lakes to get to ~n emergency phone location. We are also obtaining two new FCC licenses for VI-IF channels to accommodate this system. One channel will be for the emergency phones and the other WIH be for the restaurant phone on #8 tee. Presently the restaurant phone shares a channel vath the beach. Due to the distancebetween our facilities this has not hoen a problem to date but is not'an ideal situation either. FISCAL IMPACT: $15,736.10 from Renewal & Replacement Depa~//~t l~ead~s Signature Golf Course Department Name S:~BULLETFN~FORMS~AGENDA ITEM REQUEST FORM.DOC Account 411-5000-590-95-42 C~ty Attorney / Finance / Human Resources Golf Course To: Dale, . Sugerman,, Asst. City :M~ From: Joe Sciortino. Golf Director, ~ '_~/ Date: October 18.2001 Re: Emergency Phone System Replacement OCT 19 BOYNTON BEACH UTILITIES Attached is a proposal from Express Radio failing on a regular basis, with a solar powered Wallace for his opinion and he this system in place at Indian golf professionals have [old me that iris very reliable Our current system has three )hones in our reli hardwired underground, were Presentl~ the phone located on fl4 tee on the Cham~ dCity's PBX system and a~e . epartmental phone. Thb cost their locations and wiring, are frequentl! then leaves them inoperable for replacements, and installs the part; We currently wiring being inaF ) acres. They are 'eliable. from the clubhouse to the ¢~ty The is solar ~ of,the The the facility means three We are facilities this has not,~eer~:a l ,The Board, Bid We will doing One tee. the Broward County School but ExpreSs Radio will be REQUISITION BY: GOLF COURSE/FD SHIP TO LOCATION: GOLF COURSE LINE NBR DESCRIPTION PURCHASE REQUISITION NBR: 0000018211 STATUS:' DEPT APPROVAL REASON: EMERGENCY PHONE SYSTEM SUGGESTED VENDOR: 976 EXPRESS RADIO UNIT QUANTITY UOM COST EXTEND COST DATE: 10/18/01 DELIVER BY DATE: 11/01/01 VENDOR PART NUMBER 1 MOTOROLA VHF PORTABLE RADIO W/EMERGENCY SIGNAL 7.00 EA 1043.0000 7301.00 H01KDCgAA1N COMMODITY: RADIO & TELHCOMMLrNICATION SUBCOMMOD: RADIO TELEPHONE 2 CALL BOX KIT 7.00 EA 936.0000 6552.00 CMV1001 COMMODITY: RADIO & TELECOMMUNICATION SUBCOMMOD: P~IO TELEPHONE 10 ADD SOLAR PANEL COMMODITY: RADIO & TELECOMMUNICATION SUBCOMMOD: RADIO TELEPHONE INSTALL CALL BOX & SOLAR PANELS COMMODITY: RADIO & TELECOMMUNICATION SUBCOMMOD: RADIO TELEPHONE 5 MOTOROLA VHF BASE STATION W/ID & DESK MICROPHONE COMMODITY: RADIO & TELECOMMUNICATION SUBCOMMOD: RADIO TELEPHONE 3DB OMNI FIBERGLASS ANTENNA COMMODITY: RADIO & TELECOMMUNICATION SUBCOMMOD: RADIO TELEPHONE POLY PHASE LIGHTNING ARRESTOR COMMODITY: RADIO & TELECOMMUNICATION SUBCOMMOD: RADIO TELEPHONE 8 DITEK AC SURGE PROTECTOR COMMODITY: RADIO & TELECOMMUNICATION SUBCOMMOD: RADIO TELEPHONE 9 1 STORY ANTENNA LINE KIT WITH CONNECTORS COMMODITY: RADIO & THLECOMMUNICATION SUBCOMMOD: RADIO TELEPHONE BASE INSTALL COMMODITY: RADIO & TELECOMMUNICATION SUBCOMMOD: RADIO TELEPHONE CO-ORDINATE FCC LICENSES COMMODITY: RADIO & TELECOMMUNICATION SUBCOMMOD: RADIO TELEPHONE LESS DISCOUNT COMMODITY: RADIO & TELECOMMUNICATION SUBCOMMOD: RADIO TELEPHONE 7.00 EA 400.0000 2800.00 IM222 7.00 EA 275.0000 1925.00 1o00 EA 963.0000 963.00 CDM1550 1.00 EA 175.0000 175.00 AA101 1.00 EA 79.9000 79.00 AA611 1.00 EA 60.D000 60.00 AA614 1.00 EA 65.0000 65,00 AA0501 1.00 EA 275.0000 275.00 INSTALL B 2°00 EA 295.0000 590.00 FCCLIC 1.00- EA 5048.9000 5048.90- REQUISITION TOTAL: 15736.10 REQUISITION BY: GOLF COURSE/FD SNIP TO LOCATION: GOLF COURSE PURCHASE REQUISIT~ r~NBR: 0000018211 STATUS:' DEPT APPROVAL REASON: EMERGENCY PHONE SYSTEM SUGGESTED VENDOR: 976 EXPRESS RADIO UNIT EXTEND DATE: 10/18/01 DELIVER BY DATE: 11/01/01 ~IB~E DESCRIPTION QUANTITY UOM COST COST VENDOR PART NUMBER ............................................ ACCOUNT INFORMATION LINE ~ ACCOUNT 1 41150005909542 2 4115000590~95~2 3 411500059095~2 ~ 41150OOSE~O~5~ 5 411500059'09542 6 411500059~954~ ~ 4115000590~5'42 8 41150005909,542 9 41150005909542 10 4115000590954~ 11 41150005909542 12 41150005g09542 PROJECT % AMOUNT 100.00 7301.00 100.00 6552.00 100.00 2800.00 100.00 1925.00 100.00 963.00 100.00 175 00 10C.00 79 00 100.00 60.00 100.00 65.00 100.00 275.00 100.00 590.00 100.00 5048.90- 15736.10 REQUISITION IS IN THE CURRENT FI REQUISITION COMMEN~ pIGGY-BACKING BROWARD CO~qTY SCHOOL BOARD BID BCAL YEAR. EXPRESS RADIO Confidential 10/t6/0! Page 1 IITY OF BOYNTON BEACH MUNICIPAL GOLF COURSE Attn: Joe and Freda (561) 742-6501 fax 966--1700 Mo~e; # 7 7 CMVIO01 7 IM222 7 I CDM1550 AA101 A. A611 1 AA614 I Install B FCCI.IC _nes__cription eme~'gency panel Install c. all box and solar panel station with I.D. and deskmic. lightning arrestor sto~y antenna line kit with connectors install ~o-ordinate FCC license Instructions: Customer responsible for installing a steel box mounting (in sun). accordance with Broward County School Board Bid I Total $ $936.00 $ $ $400.00 $ $ $275.00 $ $ $175.00 $ $ $60.00 $2.75.0,0 $295,00 $ :$ Shipping: $ $ Discount: $ Purchase: $ Lice~3se. Terms; Net 30 Days Proposal Valid for 30 Days Prepared by:. Dave McKea~ Date:t0/16/01 Accepted By: Signature X TollFme(SO0)448-7755 L°cal(954)3~?--9050 FAX: (954) 344-9112 10850 Wiles Road, Coral Spring~, FL 33076 6,552.00 2,800.00 1,92.5.00 963.00 175.00 79.00 65.0~ 590,0( 20,785.00 (5,048.9( t5,736.1[ THE SCHOOL BOARD OF BROWARD COUNTY, FLOR/DA aCHOOL 8o~u) September 11, 2001 Radio · FL 33076 SUBJECT: Letter of Agreement Per Bid No./Title: 22-060N Two-Way Radios. Eamoment and Accessories Term Contract This is to advise you that The School Board of Broward County, Florida has accepted your bid ~to furnish sc-mc.e, equipment andTor supplies on Item(s} lA & B as specified. This acceptance ;is subject to compliance with bid Sl~Cifications, Terms and conditions, all pertinent laws of the ,State of Florida, and instructions as determined by the Attorney for the School Board. The School Board of Broward County, Florida reserves the right to terminate this contract at any time and for any reason upon giving thirty (30) d~ys prior written notice. Purchase order(s) will be issued to cover service(s)/equipmentJsupplies for the period Sincerely, Phyllis ~ .l~m-Asher, Purchasing Agent III Purchasing Del~b.ent PBA/dw Bid File Transforming Education: One Student at A Tim~ Broward Co~nO~ Public .~hools Is ~ln Equal Opportunity/Equal Access Employer 8EGTWN 4. BID ~UMM,WY MIE~T- ~ MOTOROLA RADIOS, EqWPMENT AHD AC~ORIES Far F. qUilm nL If a~ in ~K~.~ wi~ Spedal CredEre 16. (qu~ily ar clahr ii Rxed Credit Qr discadmt offered ~or old or replaced W Credt: Yes No~' $ NO'T~ TO BIDDER: bcoq)ora~e M least ~Ne pea:ent M~ pa~ldpMon in any award received as a VI.-CONSENT AGENDA ITEM C.1. a~"v-zs~.[~ Section 2. Sick Leave bo do Employees will earn ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month The use of sick leave will be in accord with the Personnel Policy Manual and Police Depattment Rules andRegulations, as applicable. New employees h/red alter J uary 1, 1992 shall be Subject to the reviSed sick leave schedule. Each bargaining unit member covered by this agreement is eligible to receive one bonus day for Contir)uous attendance at w0.rk at.the comp!etion 0 f each calendar quarter tha! the barg~g unit r tember has not used ~ck time during the-previous,qUarter, nor has been abSent from work or m leave other than those leave categories recognized in this do. cument. Bonus d~.ys shall be counted as vacation leave and subject to the provisions set forth £or use of vacatiom Employees who have more than one hundred twenty (120) hours ff sick leave as of September I, of the cmyem c0n~a~t ~.y~, ~y.c~v~.rt:50~,/° °~tk.e excess Over one hu~d~e.d ~-w ~uty (120) hours.to a cash stra/ght time payment no~ to exceed one htmdred ( 1007 h,.o, ur~.,m this fiscal year. Those hours over one hun~ drefl twenty (120) hours ~ot conve.rte..a ~n m.e 1989,90 fiscal year may be converted in the next fiscal year. This provision shall not be applicable for ~scal;ye~r 1994-97, and shall be subject t~ the collecfiw bargaining process for subsequent fiscal years. Sharing Sick Leave 1. It shall be the policy of the City to permit an employee the opp ~rmnity of donating aeemed sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent fro'n work for a lengthy period of time, and when the employee bas exhausted all ac~ rued sick leave and vacation leave to the number of vacation hours that said empk zee would accrue in one year. 2. Extraordinary circumstances shall be defined as lengthy ho~ ~italization, critical illness, or injury. 3. When there appears to be a need to share sick leave in accord Mth Section c.2, the Union Steward will prepare a liat of bargaining unit membe~ who are willing to contribute sick leave hours, confirm through the Finance Dep; tment that the hours are available and submit the list, accompanied by appropna~e Personnel Action Form, to the Human Resource Office for proper charge to sick leave records. Time used will be used in order listed on appropriate form s~tpplied b~ the Union Steward. Sick leave for medical appointment can be scheduled more than 48 hoursl ahead and not be changed except in the event of an emergency. ARTICLE 24 PERSONNEL RECORDS SeCti°n 1. Consistent with State right to inspect his orher own the,right 33 ~ mexnber shall have the The member shall have record shall be hidden Section2. : ~aternal affairs mvest~atory fil~s vail be:m~ed m accordance' with Fl. State Requested City Commission Meetin~ Dates [] JuIy [7,2001 [] AugUst 7. 2001 [] August 21, 2001 [] September 4.. 2001 VI.-CONSENT AGENDA ITEM C.1. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM- Date Final Form Must be Turned in fo C~v/Clerk's Office July 5, 2001 (5:00 p.m.) July [8,~00I (5:00p.m.) August 8. 2001 ~5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Comm~sszon Meeting Dates [] September 19, 2001 [] October2. 2001 October 16.2001 November& 2001 Date Final Form Must be Turned in to Citw Clerk's Office September 5.2001 (5:00 p.m.) September 20, 2001 15:00 p.m.) OCtober 3,200l (5:00 p.m. / October l 7, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adminisu'anve [] Development Plans [] Consent Agenda [] New B~siness [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation ~ City Manager's Report RECOMMENDATION: Motion for ratification of the Collective Bargaining Agreement between the City of Boynton Beach and the Police Benevolent Association (PBA). EXPLANATION: This Agreement sets out in substantial form the agreement reached between the City's negotiating team and representatives of the PBA. This Agreement is effective from date of ratfficafion to 9/30/04. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature lames A. Cherof Deparmaent Name City Manager's Signature/ 'city ^k~y-rVinan~e / H~ Resources S:XBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R01- A RESOLUTION OF THE CITY COMMISSION OF THE CLTY OF BOYNTON BEACH. FLOR_IDA. RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON ...~:~ACH, FL.O~A :~ ~THE POLICE ocToBERr/1~ 2 ]01 .THROUGH SEPTEMBER ~0, 2004, g2qD C~ .G~] :~TO E~E THE AGREEMENT', AND PROVIDI2 i~:,~,N EFFECTIVE DATE. WHEREAS, the City of Bc~ymon Beach and the Police BenevOlent Association (PBA) have successfully concluded negotiations for a three year contract; and WHEREAS, the Agreemem was ratified by the Bargaimg Unit of the Union: and WHEREAS; the City Commxssion of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Agreement and execute the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:- Section 1. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the Police Benevolent Association (PBA) for the period of October 1, 2001 through September 30, 2004, and authorizing and directing the Mayor and City Clerk to execute the Agreement, ,. a copy of smd agreement bemg attached hereto as Exhibtt . Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of November , 2001 ! CITY OF BOYNTON BEACH. FLORIDA Mayor Vice Mayor Commissioner Commissioner kTTEST: Commissioner City Clerk (Corporate Seal) 2001-2004 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION f r'N TABLE OF CONTENTS ARTICLE 1 Preamble 2 Recognition 3 Non-Discrimination 4 Dues Deduction 5 U2ion Business 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 Bulletin Board EYlgibility for Promotion Vacancies Management Rights Advisory Committee Hours of Work and Overtime Wages Seniority Additional Monetary Benefits Un/forms Medical Expenses Group Insurance Leaves Holidays Ftmexal Expenses E~pment Maintenance & Safety Trainmg Car~er path Program Pet:sonnel Records L~ Action Grievance Procedure D~S¢ip~ne Appeals Ri~,~ ~f Law Enforcement Officers m~r~vestigation Di~lhae and Discharge pas~ grhctices Pemo?-al Vehicles ~i~t Pohces, Rules &Regulattons CCC2~i~e Agreement and Waiver Clause sev~ablity D~rati~n/Signature Page PAGE NO 1 2 3 4 5 6 7 8 9 11 12 13 16 17 20 21 22 23 26 27 28 29 31 33 34 35 38 39 40 41 42 43 44 45 46 47 ARTICLE 1 PREAMBLE This Agreement is entered into by the Ci.ty of Boynton Beach, Florida, hereinafter referred to as the "City" and Palm Beach County Police Benevolent Association, located in West Palm Beach, Florida, hereinafter refereed to as We "Union", for the purpose of setting forth,the partiesl Agreements regarding rights, wages, benbfits, and conditions of employment. . i! ': ' ARTICLE 2 RECOGNITION 2 The City hereby recognizes the Union as exclusive bargaining agent for the purpose of presenting proposals relative to salaries and other conditions of employment for the bargaining unit consisting of all full time sworn police officers within the following job classification~ Police Officer and Police Detective, or as modified by PERC ~ Th~ term "membef'.~or "emplCyee" will mean any member in the bargaining unit. Effective October 1,2001, the City will no longer fill vacant Detectivepositiong. Allbargaining unit members Who h01d the position oSDetective at time of ratification ofth/s Agreement shall continue to serve as Detectives until: . Themember is prom0ted,.or B. T-~~m~member resigns .~fi'r~ ~m: the.position, or C. . The;remember is demoted, for cause, or D. The member retires. ARTICLE 3 NON-DISCRIMINATION 3 The City will not interfere with the fights of officers to become members of the Union. and there shall be no discrimination, interference, restraint or coercionby the City, or any City representative, against any officer because of membership or because of any activity in any official capacity on behglf:O~ the'rom'on? The~uiiion' mhaIl nbt discriminate ~ag:ains~any'b a~aining uni~ member ~vho fails to join the Union. ' The City a~j~the Uni°n oppose-diseriminatory behavior 6f an~ Wofk~ointt~:to ei~ai:li~ diic~/atory eondaet inthe work place Union agree that bargaining unit members have behavior when it occurs in their presence. the ,City:and' the conduct by an means not ARTICLE 4 DUES DEDUCTION Upon receipt of a form provided by the Union and approved by the City which has been voluntarily executed by a City employee who is a member of the bargmning unit, the Ci~jwill deduct fi.om the pay due the employee, those dues and uniform assessments required to retain Up/on membership as certified bythe Union. The total amount of deductions shall be remitted each ~nth by the City to the TreasUrer of the Union. This authorization shall remain in full force and effect duringthe term of this Agreement or for thirty (30) days after ~ofification of the revocation of the authorization to deduct by the employee. ARTICLE 5 UNION BUSINESS 5 _Section 1. on behalf of the Union or any member as follows: Union representatives will be granted paid leave to engage in representation activities :P~6~esSin~ of griev:a~es. '~- Accompany a fellow employee when: I 2. 3. The employee is required to appear at a hearing related toa grievance. The employee is presenting or responding to a grievance. The employee is subject to interrogation m conjunction with an internal affairs investigation. The employee is attending a pre-determination hearing. The CITY may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the CITY' S part shall not be arbitrary or capricious, nor shall it allow the CITY to proceed in a manner which deprives the employee of his or her right of representation. A UNION representative shall be permitted leave to attend functions of the Union, provided that such leave shall be at no cost to the CITY and representatives shall use accrued vacation leave. Section 2. Section 1. No employee shall engage in Union business while on duty except as referenced in ARTICLE 6 BULLETIN BOARD l'he City will provide bulletin board space; one in the Line Up Room and one in the Detective Division for the exclusive use of the Union, for posting bulletins, notices and other union material. A notice or item placed on the bulletin board shall bear, on its face, the legible designation of the person responsible for placing of this notice or item on the bulletin board. ARTICLE 7 ELIGIBILITy FOR PgOMOTION All bargaining unit members who have served for three years as a sworn law enforcement . officer inthe City ofBoynton Beachare eligible for t~sfing for promotion to the position of Sergeant. ARTICLE 8 VACANCIES Section 1. Consistent with the City's recruitment and selection policy (PPI~I Chapter 06), vacan! positions--shall be filled in the best interest of the City through recruitment and selection of employees on the basis of their qualifications and relative knowledge, abilities, and skills. Section 2. When :a posilfon in the bargaining.unit is filled hy hiring a candidate with law enforcement experience from another agency, the candidate may be credited with one year for every zwo years of law enforcement experienee.andma3rbe hiredat a base annual mt~ of pay not~o exceed $38,~00 inyear one, $40,158 in year two, and $41,563 in year three. This proCtsio~ may be applied retr0activ ely to members hired within the past. twenty- four (24) months ( ~m dhte o f ratification), at the discretion of the Police Chief. ARTICLE 9 MANAGEMENT RIGHTS Section 1. The Union recognizeS that the City has the exclusive right to manage and direct the Police Department. Specifically, but not by way of limitation, the Ci .ty retains the exclusive right to: C: time to another. Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. F. Schedule and change the work to be peffon-ned by employees. Formulate, implement and change Departmental policy, roles, regulations, and directives which are not in conflict with the specific provisions of this Agreement. H. Introduce new services, procedures, materials, facilities and equipment. To require employees to submit to physical, medical, and psychological testing to determine fitness for duty. No bargaining unit member shall be ordered to submit to physical, medical or psychological testing to determine fitness for duty without such testing being approved by the Police Chief and the City Manager. Determine and change the equipment and materials provided to or not provided to employees. K. Add to or change the qualifications necessary for any job classification. Create, alter or disband any Departmental unit or transfer members based upon the needs of the department as determined by the Chief. The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. The City supports random drug testing for all bargmning unit members. The City reserves to itself the power to order employees to submit to reasonable suspicion l0 or random drag testing, subject to compliance with the testing/sample handling procedures as set forth in Florida Statute and the Florida Administrative Code, as referenced in the City's Drag Free Workplace Policy. The City agrees to use State certified laboratories for all drug testing. If the City fails to exorcise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquisher} by the City in this Agreement shall remain ~,vith the City. Section 2. In the event of any, change over wkich the City may have an obligation to bargain concmg an nripact of the change, the change may be ~mpl~mented pnor to resolutmn of the impact barga'mmg. ARTICLE I0 ADVISORY,COMMi~EE Section 1, By mutual agreement between the City and the Union, the3' may establish a joint committee. The Union membership shall consist of persons fromwithin theposition classification covered by this Agreement; and members designated by the Chief of Police shall consist of persons within the Department, bm outside the bargaining unit. -Seefion ~..~-:-::~his~ co~tte.e~may mee~ i'aii~eeje~'~ mumal~cons, eJt, and me~ings~may be~ held betWeen the hours of 8:00 A.M. and 5~0~ p'.M, ~nday through Friday or: at. anP~e~;mumally agreeable time. If a meeting is ,hek~.durigg. w~rhng ho~s of an employee Participant, said p~u'ticipant may be excused witho~ !qs~bf~pa~ f0r:.thalip~se, Attel~,dance for a meeting Outside of regnlar Worldng, horns 'shall not he:/d~emeet: as: tim~ w0rl~ed, and parficipanm will not receive additional pay or leave benefits. Section 3. Attendance by other than members of the Union and City Administrative Officers will be by agreement of a majority of the members of the Committee and shall first receive the approval of the Chief of Police. ARTICLE 11 HOURS OF WORK AND OVERTItvlE Section 1. The work cycle for bargaining unit members assigned to 11.5 ~hour shifts is a 28 day work cyc-~-~e. The work cycle per bargaining members assigned to 8 hour shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift will be paid overtime for all hours v~orked in excess', of 170 hours in a'28 day ~vork cYcle. For the purpose of calculating overtime~ bargaihing unit members assigned to the 8 hour shift will be paid overtime for alt hours W6rked in'excess 0t~40'hburs in a 7 day work cycle. / / For purposes of calculating overtime, onlyhoursactuallyworked, hours taker for:authorized leave for training or school, and vacation leave shall be; counted as hours worked. ed, will normally be~ contained inthemember'S n ;xt regular pay check prior to'0/~ after their shift must.be.so only with the SuperVisor's approval iric overtime pay. ~r after their shift will rmore minutes either rder to be eligible for Sectio~ 2. Pursuant to Article 9 Section I~D., it is a Management-Right to establish and change the starting and-qmttmg t~mes and ~he number!of hours and s,hifts to be woi:ked. :Departmental w~de shift schednles !shall not be changed without the City providing thirty (30) da~s advanced notice to the Union of the change. Section -3. No member of the Bargaining Unit shall be required or allowed to work more than sixteefi (16) c~finuous ~tours except during a declared emergency or during a inve~t~gation~ ~Men}bers of the Bargaining Unit acknowledge that they have ar Work playsicall/f and mentally prepared to efficiently and effectively carry om No member of the bargaining unit shall be scheduled either by the department details, or ov, er-time, te work more than 16 hours of duty in a 24 hour emergencies 0r where overtime is required to. COmplete an on duty assignme~ the purpose or, this section, duty means regular assigned duties and detail:as$ig court, depOsi¢ions, filings, and similar judicial responsibilities. a ongoing immediate obligation to come to their responsibilities. r through shift swaps, eriod, except during ~, i.~ late arrest. For ~ments; not to include ARTICLE 12 WAGES 13 Section 1. Base Wage Adjustments BARGAINING UNI,T-MEMBERS HIRED PRIOR TO 10/1/00 Year One. (October 1~;~00:1~2 :September ~0, unit member hired 9 of' performance evaluation. : ~A member vcho receives an~e~aluation ,score of less than 2.91 shall have a c6nnseling sessiomvdtk siip~iso?y Pers0nn~t-an~ beprorvid~d With peffo ~rmance goals. The member~will be re- evaluate~ ninetY, (~0)days following, the coUnse!ing Se~siun. If a 2.91 or higher evaluafi0n scoreis received,~lhe n~in~er Will receive a Wag~ adjustment l0 the mount shown by their name in column 9 of ~ffeeti~ the (~s~t p~y P~n'od fo~lowing the reseyal,uation. A member who does not ac. h/,eye:~ ~a ~ ~ 2,9~ir~~g -on a:e:~vai~afiqn~:iS subject ~° ia ~n0n~di scipi;mary p ergorm :a~,~ e based Year Two (October 1, 2002- September 30, 2003): Effective the:firSt pay period ~oltowing October 1, 2002, each bargaming unit member hired on or,before. ~ ~/1/00 wi~ have ;heir base wage a~j usted by adding to their base salary a percentage of the. ~mmnt shbw~ inCot, umn 8 on EXhibit '~A";~ based on theft most recent performance evaluation a's fol~lowS: ; : . a~ets ~X~eaations Below Flvleets EXPectations 100% 90% 8O% 0%, subject to 90 day re-evaluation rule stated above. Year Three (October 1, 20~3- September 30, 2004): Effectivethe first pay period following October 1, 2003, each bargairfi~ unit member hired on or after 10/1/00 w. itl have their base wage adjusted by adding to their base salary a percentage of the mount shown in Column 8 based on their most recent performance evaluation as follows: Outstanding Exceeds Expectations Meets Expectations Below "Meets Expectations" 100% 90% 80% 0%, subject to 90 day re-evaluation nde stated above. BARGAINING UNIT MEMBERS HIRED ON OR AFTER 10/1/00 Bargaining unit employees hired on or after 10/1/00 shall not progress in base pay in the same manner as bargaining unit members hired prior to 10/1/00. Bargaining unit employees hired on or after 10/1/00 shall advance in base pay through the progressmns as follows, provided the member receives a performance evaluation of"Meets Expectations?' or better: PROGRESSION PROGRESSION PROGRESSION $34,000 $35.530 $37,129 PROGRESSIO~ $3.8,800 A member h/red on or after 10/1:/00 with a base salary of less than $34,000 will move to $34,000 effective 10/1/0L A memberhired on or after 10/1700 with a base salary of more than $34,000 will move to $35,530 on 10/1/01. On 10/1/02 and 10/1/03 members will move up )ne progression from their 10/1/01 baSe pay. Section 2. STARTING AND TOP OUT PAY The starting salary for a new kite police officer during the term of ag~ '.ement is as follows: 10/1/01-9/30/02 $34,000 l 0/1/02-9/30/03 $35,190 10/1/03-9/~30/04 $36,422 New hires will thereafter progress in base salary following the progressions stated above. Example: an employee hired on 1271/01 will be hired at $34,000, will receive an increase on 10/1/02 to $35,530, on 10/1/03 to $37,129, and thereafter as subsequently negotiated by the parties. 1 ffi d th te fthi t The top out pay (maximum base annual salary) for po ice o mers uring e ermo 'sagreemen is as follows: 10/1/01-9/30/02 I 10/1/02-9/30/03 I 10/1/03-9~30/04 i $53,529 [555,900 1559,000 No member slxall receiYe an adjugtment to base salaryin excess of top out pay. Payment over base shall'~16e]ump sm:and may be treated as wages forpension cal¢ulafionpurposes when approved by'the~nsion Board. , Section 3. Shift Assignment Pay Each member assigned to the 11 V, additioa~:g:.~% of base. hour shift, who works that s~;~wi..lt~:~e paid an Section 4. Special Assignments Pay. A. Traffic Division: Members assigned to the Traffic Division who are required to ride a motorcycle Shall be compensated an additional 5% for hazardous duty during said assignment. B. Vice Members:: Those members Who are assigned to vice shall be-compensated an additional 5% for hazardous duty during said~assignment. C. Investigators: Those members who are assignedto the position of investigator shall be compensated an additional 5% during said asSigrmaent. D. SRT (Special Response Team): Those members who have successfully completed testing and are selected as a member 0fthe Police Department SRT:Team, shall be compensated an additional 10% for hazardous duty~vhen said Team ~s actually called to duty. E K-9 Unit Members assigned to the K-9 Unit will receive one (1) hour of overtime for K-9 care,'equipment maintenance:and vehicle cleaning for each RDD, vacation gay where the d0gis not kenneled or otherwise boarded. K-9 officers Will be allowed one [1~ hour of duty t~me per,work day to tend to K-9 care, equipment maintenance and vehicle cleaning, Members on vacation will be credited one hour per day for K~9 care, equipment maintenance ard vehicle cteaning. F. OffiCers, while assigned as Field Trainktg :Officers and. wh9 have completed successfully lhe required 40-hour training shall be compensated an a~ dditional five (5%) during the assignment. G. Directed Patrol Unit (DPU). Those members who are assigned to the Directed Patrol Urdt shall receive an additional five (5%) during the assignment. ARTICLE 13 SENIORITY Section 1. The City agrees that seniority shall consist of continuous accumulated paid service with the Boynton Beach Police Deparunent. Seniority shall be computed from the date of appointment. Seniority shall accumulate during absences beeanse of illness, injury in the line of duty, vacation, military leave or any other authorized leave of absence. Sention 2. The City agrees tha* sen~brity-§hall- govern the following matt A. Filling temporary vacandie~.. See Article 14, Section 3. B. Layoffs willbe in reverse order of seniority. C. SeleCtion of day or night shift and sta/'fing time. D. Any special event (Holiday Parade, GALA, July 4th, or any other e' through a rotating list of Police Officers based upon department seniority. apply to special details. ~ent) shall be offered ['his section does not Section 3. Assignments to platoons, divisions, and units, is a manageme~ right. Seniority will be giVen great:'Wel,gh~ in the selecfi6n process, after qualifications and balance of personnel are consid6red. Senioi-i~y may nOt in all cases be a prevailing qualification or the sole basis for the selection. The decision may be reviewed upon request by the Chief of Pohce who has the final decision. ~ Section 4. In the event of a declared emergency alternate shifts or wor~: schedules may be adopted by the chief 6f Police as needed. ARTICLE 14 ADDITIONAL MONETARY BENEFITS Section 1, Compensatory Time Members of the Bargaining Unit shall'have the option of accumulating a maximum of eighty (80) hours, per fiscal year, of compensatory time at time and one h,alf.. A bargaining unit member who is promoted to a position outside ~e bgg~ning unit~ or -WlI°,;mfi~es, or ~vho istetmifiated, will be:paid ~he balance of!atlm-nuSed~ c0 . .tim, ~e~.Co~/~ ~e.. ~t/a~ .~ulat. ed:sl~al! be paid off totally m September ofttte fi~s'~ai ~e~ if ~i.~-~:~a ~,;~1~ fl~onth of XOJ~t~st. ~ompensatory time,, iccumula~ed.,~,.~i ~ .,~,hi~.,~i~e ~e~:~ ~ 'Depacm, ~ent, Section 2. Special Detail Assignment All Bargaining Unit Members ass!gned to cover special detailg, may report directly to theft assignment Without prior checking ~n or out at the police ~atiO~, but rdusi advi~e a SUpervisor perS~malls/orby'xadio. The:oi'fiCer assigned to special-: ct~ail iShall C°mply With all current deparhnent:policies andprOcedures ha effect. Section 3. Call Back Call~ back is defmed as any time an officer is called into work when he/she is off duty, or when the work time is not contiguous with his/her assigned shift. In the event of call back the employee shall be comPensated foithe actual.time worked, but not less than thr,e~ (3) hours tit the rate .0f Pay one and one-half (4 1/2) times his basic hourly rate reflected in the pay Schedule in Appendix A. When an officer is called for call back he/she will be guaranteed a minimum of three (3) hours at time and one-half and at his/her snpervisor~S discretion the officer may be r?qnired to, york the entire three hourslor longer. When an officer is Called for call back hisfaer sup~sor will i~d!cate as't° whether or no, he/she should arrive in uniform or in plain clothes, if the option is available. Call back shall be handled'as follows: ttep 1 Vacancies filled with the off- ~g~,~ing:shit5 platoon by se,niofity. te~ 2 Vacancies filled by other platoon that works,the sam~ shift but is regular day off ep~3 vacancies,fined by oth~ p~t0~ that ~urks the oPPosite shift (~.;g,~canCy on A,1 is ffered to B:4~ 5, 6), Varig, nee to:Step 3~the first dayback o~ the shift ~ ill make the opposite shifts~ineligible to work. This occurs onMonday, Wednesday/and Ffiday~ 4 Ali patr01,officers not previ0u~ly covered by seniority 5: :yacancies ~will ,be, off~red ~9 D~te~ves/ S~p 6. Ordered ha-by~everse seniority ' ~ - The 16 hour maximum hours worked mle applies to all call-back. Section 4. Court Time A. Court.time will be paid at time and one-half when the officer is not on his regular assignment. An officer On court time will be c~mpensated a minimum ofthre~ (3) hours at time and one-half. ~ B. An employee who has been instmct~ed to remain on standby for cour~ appearance purposes during the employee's off-duty hours shall be l~ald one-half the straight time hofirly rote for each hour on standby up to a maximum of eight (8) h~urs of standby duty in any m payment of one ( 1 } ho~ straight time shall be paid for all standby assxgnment~, ~s required to stand b~ for eight (8) hours the employee shall receive foUr~ ( additional hour at straight time, If an office~ does go to court he will be p~ indicated in Section A:and not receive standby time pay. C. Bargaining unit members may report directly to court withom prior station. Members are still required to document their attendance at the co~ documentation to the Department. e day. A minimum · When anemployee O hours plus one (1) id for the court time check in at the police rt house and submit Section 5. On Call Any bargaining unit member who is on an "on-call" (on-pager) basis other than court time as outlined in Article 14, Section 4 shall receive compensation of one hour of parC at time and one half for each day (24 hour per/od) on call. No member will be placed "on-call" without the approval of a division commander, Bureau commander, or designated representative. 19 Section 6. Schedule The City will establish the tm~ ofw~)rl~ best:suited to meet the operational and fiseat needs of the proper time, they will months. The t ,, being sick. Section 7. Shift Changes - Employer An officer will be given adequate advance notice, as determined by the Chief of any change in his/her regula~:~ho/,~s 0f:w.o~k e~cePt',whefi tm emergency exists. Notice given~ less than fortyZeight (48) hours b~fore anyeh~ged §ch~dt~l~'Os~i~ent days or days off) is to take.effect, entities:the officer to receive compensation ~t the rate of~ne and one-half (1,5) times his/her ~egular salary for. the first day of his/her tour of duty. SectiOff 8. ' ~ The City agrees that any member r~quired to be out 0fPalmBeach'Countym atfend court, seminars, or for ~) Other ~iSfi :~s a r~suit~0fhis/her duties as a police offieer;~ except if the officer is exelUSi~rel~ ihe pi~iniiffir~ a personal Civil h'ctio~, Will be paid his/her regular rateofpay for each day or partial (]ay required for said pUrPoses: 'There Will be no regular or 0¢enime compensation. 2O ARTICLE 15 UNIFORMS Section 1: The City will provide up to three (3) full uniforms per year and shoes evec~ six (6) months on an as-need basis. The City will supply replacements for the parts bfthe uniform when replacement is appropriate, as determined bytbe Chief, and if adequate funds are available in the City Budget. The Detectives and other members of the bargaining trait assigned to plain clothes duty will receive, in lieu of uniforms, a total of $1,000.00 a fisCal year, paid in $256 installments at the end of each quarter and pro-rated as~appropriate. [be be required shall plain the ~3) months ata ~ will ~ months and pro-rated thereafter. Section 3. The City willbear the cost of cleaning ten (10) issued uniform tc,~o~o ~act. year. 2~he City shall notify those employees that are eligible, to take t~eir uniforms only m the apP~6ved dry cleaning es~blishment in Boynton BeaCh selected by the City. Detectives and other ~e~nbers a~sigP~ ed to p?in clothes win be giv,ena cash cleaning supplemen[ equivalent to that given th~ unit°tm ohScer, This will l~e paid at th~ end of e~ch quarter of th~ contract year. This ail°waU¢~ shaH:Commence from the date of assignment on a:pro-mted basis. 21 ARTICLE 16 MEDICAL EXPENSES Section 1. Members will receive and shall b'e obliged to take annual electrocardiogram and h sical examination performed by an agency'or doctor to be approved by the City. Scheduling will PY ,, ' · -. · ~ ' ' e be at the discretion of the Department~ and, the results~wffi become part of the employee s record. Th City will pay the cost of this examination'0nly. Beginning ARTICLE 17 GROUP INSURANCE Section 1. Medical Insurance The City shall pay the total medical, hospitalization, and dental insurance premium for all regular employees. The employees will paythe full cost of medical, hospitalization and dentalinsurance for their dependents. Existing or comparable coverage shall remain in effect for the duration of this Agreement; however in the event the City can provide for alternative equivalent benefits options for employees-then, the. health~ insurance coverage for the employee and their-dependents may be amended from time to time. In this connection, should the employees' cost' coverage for their depende~s increase more than 15 % during any fiscal year, ~/ this Article for the purpose Of impact bargaining. The review and selection c shall be made on anmmual basis by the City. To that end, the City will form ~ committee to be qp~prised of ar~ equal number of non-represented mernbers~ the City'Mana~gi~r: ~ two members from each of the city's bargaining ~ represe~tati~e~ }h~be designated bF theUnion. The final decision regarding is reserved to the Ci~ty,' but~the City shall strongly consid~ inpm and reen~ insurance advisory ~ommittee. Section 2. Lifg. Insurance Members of the ~bargaining unit shall be covered by $25,000 of group li~ premium paid byffie City o provide dependent ~e~Cityag~ees m open finsurance coverage insurance advisory ~ho are app0mted by s. Barg~ing unit election of coverage · endafions from the insurance with the Section 3. Dental Insurance A group dental insurance program will be provided by the City and the City will paythe premium for employees and $7.00 per month of the premium for family coverage. ARTICLE 18 ., LEAVES 23 Section 1. Annual Leave - Vacation Persounel in the bargaining unit hired after January 1, 1992 will be covered by City of Boynton B~ach Personnel Policy Manual for all issues relative to annual leave, provided that th~shatl,receive~ 80 hours it~,,year 1:. : ,: schedule: 6 years 7 ,years 152, 8 ~ I60 168 12 ,ve~ 176 I3 ge~s i76 1,g6 17,V~s 192 1Byes 192 l~ve~s [92 2t ge~s & aR~ 200 Vacation requests may be submitted from 14- 45 days in advance for vacation. In the event of dual requests for vacation dates, the settlor member request shall prevail if it was submitted thirty (30) days prior to the date or dates requested. Vacations oftwo days or less may be made with twenty-four (24) hours advance notice or less. All other requests submitted under 30 days shall be on a first come first serve basis regardless of seniority. c. Request for emergency vacation leave will considered individually by the Chief. Secfion2.~SickLeave ao eo Employees will earn ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month. The use of sick leave will be in accord with the Personnel Policy Manual and Police DePartment Rules and Regniafions, as applicable. New employee~ hired after Jan .uftry 1, 1992 sl~all be subject to the revised 'sick leave schedule. Each bargaining unit member covered by this agreemem is eligible to receive one bonus day ,for continuous attendance at work at lite qompleti0n of each calendar quarter:that.the bargaining unit ~ ~ember has not used sick time ~ring.the Pr ~e¢~ quarter, nor has been absent from w0rko~ On leave other ~an thOseleave categories recognized in this document. Bonus days shall b~ counted as vacatton leave and subject to the provisions set forth roi use of 9acafio~ Employees who have more than one hundred twenty (120) hours SepLember 1, of the current 9ontract year, may ~onvert 50% of the exce twe~ (1~0) hours to a cash straight time payn/mit not to exCeed one hu .this ~m¢~yean Thbse hohrs~over, one hundred twenty (120) homrs-, 198;9i90 ~[~cal year may be *°nve/ied'in the ~ext fi~eal year,~ This p~ app~able fo? fiscfl Year I994-97, abd s~-i:be subject to the eollecfiv, for subsequent fiscal years. Sharing Sick Leave It shall be the policy of the City to pcm-nk an employee the accrued sick leave time to a designated employee whe ckcumstances require the designated employee to be absent fro: pedOd:o£fime, and when the employee has exhausted all ac{ vacation leave to the number of vacation hours that said empl one year. ExtraOrdinary circumstances shall be defined as lengthy h~ illness, or injury. )f:aick leaye as of ~s over one hundred ~dred (10~0)hours in ~oticonverted in the ~V~siOn :sl~a~ not be ~ bargaining process ortunity of donating tever extraordinary n work t~or a lengthy rued sick leave and yeewould accrue in italization, critical 3. When there apl~ars t° be a need to share rock leave m accord 1 ith Sect~on.c..2, th Un, on Steward Will prepare a list of bargaining unit incumbers who ~e willing to conn'ibnte sick leave hours, confirm through the Finance Dep ~a~ment that.the hours are available and submit the list, accompanied by appropriate P~sonnel Actton Form, to the Personnel Office for proper charge to sick leave records. Time used will be used in order listed on appropriate form supplied by the Union Steward. Sick leave for medical appointment can be scheduled more than 48 hours ahead and not be changed except in the event of an emergency. 25 No member shall be placed on restricted sick leave unless that member has had a counseling session, with at least a Watch Lieutenant (Lieutenant rank only). D~g that counsel~g session, the member will be informed of the reasons being conSidered'for i:eglricted, sick- Secfiorf 3~.~Personal Time a. ~£o~' of three (3~) Shfffs far pers0nal~timeper year wi!t be allOWed in~increinents of one-half ~m:a~ a ~m~:m a ~ sh~ ;~o~ b~e~:~oT~c~. Per~0~;~e~i~ n°t be acc~ul~ed ~°m Sine m~er ~ v~afion: Employees may request a one-half shift increment of personal time, which will be given at roll-call only, by seniority. Section 4.. ,:Bereavement Days Compassionate Leave: In the event of the death of the mother, father, foster parents, brother, sister, husband: ~vffe,: ,son~ dat~ghte.~, grandparents, grandchildren, mother-in-law, father-in-law, sister-indaw or brother-in-law ot~a permanent or probationary emPloyee, grandparents of spouse and any permanent family member of the household, such employee shall be entitled to paid compaSsiOnate:leave dot to:exceedthr.ee [3) consecutive calendar days for any one death. However, if it is necessary for the employee to leave the State in connection with the internment of the decease~ ~ve ?) ConsectftiVe calendar days shall be allowed. Employees must :¢erify attendance in writing ih~cn:d~ to ~e' eligi.ble ~ this article The City Manager may,grant additional leave under this seeti'o~, e.xcep~tt~t~su¢~'l~/addiuonal leave shall be deb~ted agamst the employee s accrued sick o annual leave. ARTICLE 19 HOLDAYS Section 1. Holidays will be as follows: New Year's Day Martin Luther King, Jr. Day President?s Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day A~er Thanksguving Christmas Eve Christmas Day Section 2. Holiday pay will be at 1.5 times regular pay for all members o~ the bargaining unit whether or not the holiday is worked. Section 3. Holiday Conversion ao Under this Section a member may elect not to receive holiday pay as ,outlined in Section 2 above, but instead to have the equivalent straight time holiday hours added as a lump sum to their accrued vacation balance, (i.e. 110 hours for 4/10 employees and 88 hours for 5/8 employees and 126.5 hours for 3-4/11.5). Members who sign up for this section must do so between October 1st and October 31st of each contract year with the Secretary of the Department. do Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. Members exercising tNs option may use a vacation day instead of working the holiday. The vacation hours will be paid at straight time. Members not assigned to work on the holiday will receive their normal weekly pay. ! Members leaving the service who participated will owe the City for those holidays theywere not on the payroll either through loss of vacation credits or deduction from funds due fi.om the City. 27 _M~TICLE 20 FUNERAL EXPENSES .Section 1. The City will make a payment of up to $5,00Oto the berieficiary of bargaining unit employees killed in the line of duty. Section 2. All employees shall, on a form to be supplied by the Chief of Police or his author/zed representative, designate by name and~ adckess, the individual to whom sucl~ funds.~are lobe paid. ARTICLE 21 EQUIPMENT MAINTENANCE & SAFETY The City, as a management responsibility, will maintain vehicles and equipment in a safe condition and in accordance with law or ordinances. The Union Members accept the responsibility for checking vehicles prior to us City providing .forms for any defects which' is discovered or. any operatin attention. Concerns about unsafe condition will be brought to the attention of the imm¢ will make ajudgment concerning the need for immediate repair prior to use. I~ Member ~does not ~agree with the immediate Supervisor he/she may ask ti supervisiOn~:eviev~ his/her concem, and that Supe,ryjsor will be the final~udg~ eq~ipmeat and the apprgpriate action tO take ~ that time. Subsequent review bargaining unit member or the supervisor, will be made by,the Chief the next and for completing g matter that needs late Supervisor who the Bargaining Unit at the next level of ~ on the safety oftbe of the actions of the aorma} work day. _~R_TICLE 22 TRAINING 29 Section 1. All training required of the officer by the Police Department when off duty will be compensated at time and one half, except for training or ~raVel activities that are ~off site and considered to be semi. na//~', ffp~cial p~Ogf~where expenses-hI-urged are l~aid for by the C~ as provided for by resolution. SectiOn 2. · Weapons;Training The Chiet~tI deeide bn the tra/ning program based On lq. is judgment of.the ~departmenfsmeeds. Each rd'~rfigei~ll be allo'ged ~ 0~pommities to meet p~escfib~d:qualifieafion Stand.ds. If the ~: ~ D,~ ":' ' ~ '· "" ' ' ' ' ~ '" ...... me~ officer'~mot quat~fy in three atte,rapts, they wffi be re;qmrefl, to qualify on- theft own:U '~ ,id expens~ t~i~ligibte f°r;emPlo~ent as la~v enforceinent 0ffleers. ~ Section 3. College Tuition Reimbursement The City will provide for those members who attend colleges and/or umversities an incentive of paid tuition and books based upon the grade score for that class. The member is to pay for the tuition and books and be reimbursed upon proper receipt at the below schedule upon completion oftha semester. "A" equals 100% of tuition and books "B" equals 100% of tuition and books "C" equals 50% of tuition and books College and/or university program must be initially approved by the City Manager and must be a part of a program leading to an acceptable Associates, Bachelor or Master degree with a curriculum directly related to the Police profession. The Chief will make a recommendation to the City Manager who will have final approval for the courses, degree program and payment. The City shall pay tuition and books reimbursement even if a course is not part of a program leading to a degree providing that the course is job related and approved by the City Manager prior to registration of said course. Section 4. The City shall provide reimbursement for authorized expenses associated with training and special schools attended by the officer through approval of the Department. 33_ o ARTICLE 23 CAREER PATH PROGRAM The purpose of this program'is to establish guidelines for a Career Path Program for police officers below the rank of Detective/Sergeant. The Career Path Program is designed to accomplish a three-fold purpose and is voluntary ha nature: A. Recognize and reward the officer through his/her training and educational achievements. B. Provide a career development path for Rank of Police Officer. C. Promote long term dedicated employees by offering incentives, alternatives and guidelines. follows: The Police Officer Skill Levels 11I, II, and I shall be as A. Skill Level Three (121I) Bo (1) Time in grade: new employee to five (5) years continuous servme. Skill Level Two (fi) (1) Time in grade: 5 - 10 years continuous service (2) Education Requirement (job related): 160 hours - Career Incentives or Training Courses ( 3 ) Average or above average performance evaluation for the past two (2) years. (4) Incentive pay increase -2% Skill Level One (1) (1) (2) (3) Time in grade: 10 plus years continuous service Educational Requirement: 400 hours - Career Incentives or Training Courses. Average or above average performance evaluation for the past two (2) years. (4) Lncentive pay increase - 3% A Police Officer will need to declare the Career Path Program; being either career path or career iffcentive~(however, if max our on career incentive, can use/pnrsue career path). No C611ege degree courses will.,be accePted When pursuing a college degree path. Educati°n must bejob related, and comes/training taken fo/credit must be on officer's own time (not City time) tf a police Officer who-has rece!~ed, careerpath, pay increases pursuant ~ this program ~and is promote{t ~ey are no longer eligible to re~ejve career path pay increases, nor will career path payii~cr~a~s ~eee:' i.ved.under thisprogrambe considered in e~tab ~lishing their new rote of pay. 33 ARTICLE 24 PEKSONNEL RECORDS Section l. Consistent with State law,/he Cityagree~,that upon request, a member shall have the right to inspecthi the'fight to.make ~ froma member's inspection Section 3. Statutes, Internal affairs investigatory files will be maintained in accordance with Fl. State ARTICLE 25 LEGAL ACTION Section 1. In accordance with Florida Statutes, the City will provide legal defense for a member against any civil damage suits wherein said member is a named party and wherein the alleged damages were allegedly caused by the actions of said member while acting within the scope of his/her authority and within the course of his employmenr~ Section 2. The Citywill indemnify all membe[s agab,~st judgments for co~npensatory damages entered against them as a result of their actions to'the extent that the City is found liable for such actions. Section Art/cie, Thc Ci.ty will select the -Attorney who is to defend the employee relative tc~ this Section 4~ The employee will be responsible for filing any counterclaims at his/her expense. 35 ARTICLE 26 GPd~VANCE PROCEDLTRES Section 1 A grievance is defmed as a dispute involving the interpretation or application of the ColleCtive Bargaining Agreement. Section 2. A dispute over disciplinary action:is not a grievance, but shall be referred ~o as an set forth in Section 3. The l~arties are committed to resolving grievances in a timely fas!fion. Ac~ co~ding~y, any ~eVance not s~bmi~ted or advanced by;~e gri~vingl~rtyin accordance',wit~the time limits set f~:b~l-'~t a~iohea, i:~m~van¢~:n6t, amwer ~d b,Y the~itY witls~th~ time limi'~S sci forth b~t6~~' :" ti aUt0~l~y.~advance' ~' ~.t~) the next stepof the grievance proc~e. Seeti0n z[. A gribvanCe must'.be filed within ten (1,0)days~o£the first occurrence of,.the e~ent which g~ve rise to the dispute. Grievances shall be presented in the following manner: Step 1. A grievance must be filed on a form approved by the City within ten (10) calendar days as set forth in Section 4 above. The grievance must make specific reference to the Article and Section of the Agreement in dispute, set forth detailed facts explaining how the Article and Section has beenmisappliedby the City, and state the reliefs0ught by the grievant. The grievance form shall be filed with the grievant's Major. In the case of a class grievance filed by the Union, the grievance form shall be filed with the Police Chief. Step 2. The Major shall review the grievance and make a written recommendation for disposition of the grievance to the Police Chief within ten (10) days of receipt of the grievance. Step 3. The police Chief shall review the grievance and render a written decision within ten (10) days of his receipt of the grievance. The Police Chief may require members of the Bargaimng Unit to submit to questioning as part of his review of the grievance. Step 4. In the event that a grievant is not satisfied with the disposition of the grievance bythe Police Chief, the grievant shall have the fight to submit the grievance to the City Manager. Submission to the City Manager shall be made within ten (10) days of the date of the Chief's disposition or the expiration of the time period for the Chief's disposition in the event the Chief does not render a decision. 36 Step 5. The City Manager shall review the grievance and render a x~ten decision within twenty (20) days of receipt of the grievance.. The City .~!anager may reqmre members of the Bh~ing Unif to submit to questioning as part 'of his review of the grievance. Step 6. In the event the employee is not satisfied with the disposition o~the grievance bythe City Manager, or if there is no disposition by the City Manager in a timely fashion, the grievant may request appointment of an arbitrator. The grievant's request for the appointment of an ,arbitrator must be made within ten (10) days 0£th~date or,he City Manager s disposi~_o,n of the grievance, or the expi;ation of the time Period for the City Ma~nage~ s disposition in the eveni the City Manager does not render a decision. Step 7. The grievant's request shall commence with a written req~.est to the Federal Mediation and Conciliation Service asking that it submit a list of names of seven (7) arbitrators, B~th parties will alternatively strike one name until an arbitrator is agreed to . Following appointment of an ai'bitrator, arbitration shall proceed as set forth below. ARBITRATION Section_ 1. When an arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitmbility as a defense. Ifarbitrability is raised by the City, the issue of arbitrabi!ity shall be determined by the arbitrator no less than thirty (30) days prior to the commencement of an arhitratmn hearing on the grievance Itself. If the C~. rinses the question of arbitrability and loses that determination, the City shall pay the cost of the arbitrator. If the City raises the question of arbitrability and the arbitrator determines that the matter is not arbitrable, the Union shall pay for the arbitrator. This provision shall not prohibit the City arbitrability of any grievance in an action for:declaratory relief filed in the C Beach County, Florid~ In the event of a court action by the City, the proceeding shall be abated until the conclusion of the court proceeding. Section 2. The arbitrator shall conduct the arbitration hearing no less thar more than ninety (90) days from the date of appointment. Section 3. In the event a party seeks continuance of an arbitration h~ requesting party shall pay any fee charged by the arbitrator for resetting the he Section 4. The arbitrator's decision shall be confined to the statement of~ in the written grievance form together with any defenses raised by the Cit. grievance procedure. The arbitrator shall have. no anthority to change, amend,,' or otherwise alter or supplement this agreement or any part thereof in order to The arbitrator may not issue declaratory opinions and shall confine himselffiaen :om challenging the rcuit Court of Palm rievance/arbitration thirty (30) days nor aring once set, the aring. e grievance set forth r at any step of the dd to, subtract from, resolve a grievance. elf exclusively to the 37 issues presented, which mfist be actual and existing~ Section 5. ' ~/~ne arbitrator shall'render a written declsion within ~ (30) days of the close of ~e arbitration hearing or su~)mission of post hearing briefs, whiche~ver occurs last. The arbitrator s decision shall be fmal and binding on all parties. ARTICLE 27 DISCIPLINARY APPEALS Section 1: Discipline is classified as either major or m/nor as follows: MAJOR: Termination Demotion Suspension, Without pay - morethan one ( 1 ) day No employee shall be ~ubject to major discipline without first be determination: conference with the City Manager. No pre-determination conducted w/th leks than ten (10) calendar days notice to ~e employee. MINOR: Written reprimand Suspension without pay one (1) day or less Section 2. Appeals of disciplinary action shall be handled as follows: Major discipline may be by appeal to an arbitrator, by using th~ appomrmem of an arbitrator as set forth in Article 26 abo appointment of an arbitrator must be made in writing within ten notice of the City's disciplinary action. The arbitrator may sustain, reverse, or modify the discipline set The decision of the arbitrator is final and binding on the parfie Written repr/mands may not be appealed but the employee m response provided the response is submitted within ten (10) reprimand. Ifa written response is submitted bythe employee, the written reprimand and placed in the employee's personnel Suspensions without pay of one (1) day cr !::s may be app~ Resource Manager whose decision shall be final. An appeal shz within ten (10) days of notice of the suspension without pay. Manager shall conduct an investigation of the discipline and ren, ing afforded a pre- conference shall be same procedure for re. The request for ~10) calendar days of ~y the City Manager. ' submit a written days of the written shall be attached to ile. aled m the Human [1 be filed in writing te Human Resource ler a decision within twenty (20) days of the appeal. The Human Resource Manager's decision may be to either sustain, reverse, or modify the discipline. In no even~ shall the H~uman Resource Manager's decision increase the discipline to more than a suspension without pay ofone day. The Human Resource Manager may con~tuct interviews with the grievant, departmental staff, or members of the bargaining u~it as part of his/her mvestigation of the discipline. 39 ARTICLE 28 RIGHTS OF LAW ENFORCEMENT,OFFICERSI3NDBR INVESTIGATION The City of Boynton Beach agrees:that all rights of Law Enforcement Officers under investigation detailed and granted by Florida Statutes. Section 112.532(1)(a)-(i) and Section 112.533 (as amended from time to time) will be observed and practiced· The Unio~ may ,post a copy of the Law Enforcement Officers Bill of Rights on the.bulletin boards refer~cedm;Arficle 6. ~ the event of any coaflictbet~veen the ~igh~go~a~ ;the.,Bil[ o. fgi-'.gh,ts :,an~ ~is Agrcem~_r~?r any city ARTICLE 29 DISCIPLINE AND DISCHARGE Section 1. Employees may be disciplinedronly for just cause. No employee shall be disciplined without notice of the charges setting forth the basis for such discipline. Section 2. Employees shall have the opportunity to appeal disciplinary act forth in Article 27 of this Agreement. Section 3. The parties recognize that timeliness of disciplinary action is ar due process. Accordingly, no employee shall be subjected to disciplinary disciplinary recommendation is made by the Police Chief vdthin-fourteen il4 determination of the conclUSiOn of an investigation. Section 4. No employee shall be subject to demotion, termination, or a sm, o f more than one ( 1 ) day withOut first kg a/forged the tight to a pm-determi~, the City Manager. [on in the manner set essential element of [crion unless a final ~: days of the Chiefs ~ension without pay on conference with ARTICLE 30 PAST PRACTICES All employment practices listed below shall remain in effect: A. Lockers B. Locker room shower, gym C. D. t v~hen available. 43. ARTICLE 31 PERSONAL VEHICLES Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the nOrmal work location. ' Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, ~srrati~e~ heatings, conferences with City officials, schools and seminars. ARTICLE 32 DEPARTMENTAL POLICIES, R ~.L~LES AND REGULATIONS Section 1 It is agreed and~ undef~Obd that th~-P615ee Depamuent currently has policies, roles and regUlations gO~eming empl6yme~t: The formulation; amendment/revision and implementation of any role shall not be arbitrary oi~¢aprici6Us.' tn the event of a conflict between the roles and specified provisions of this Agreement, the Ag~eemem shall control. q~t~hh 9 · ,'ln~he~eventihe~Citwame~dsor~ev~se~ar/.~ems~orimptementsanYnewmle~lt Shall give ten (10) days notice to :the UlXi0n. :*" ARTICLE 33 POSTING Vacancies in positions or assignments will be posted in-housd no less than thirty (30) days before the application deacll/ne for,the position:or assignmentSs closed. 45 ARTICLE 34 COMPLETE AGREEMENT A_ND WAIVER CLAUSE This Agreement is'the complete Agrec~-nent between~the parties, cancels all: prior practices and agreements, and, except as expressly provided for herein, relieves the parties-of the obligation to bargain on any subject during the term of this Agreement. There is no past practice which resuks in a monetap~ benefit except as set fort~ expressly in this Agreement. Ali bargafining unit m~m~ers are!coVered ~ .U~ (ter~ the terms-o~ this-Agreement and the City's Personnel pollce Manual anc[n0t imder.any G~vff Sermce Rule/Regulation: anc~heretoforem existence. ARTICLE 35 SEVERABILITY Section 1_ If any provision of this Agreement is found to be invalid by any courts having jurisdiction in respect thereof, such findings shall aot affect the remainder of this Agrecnnent~ and all other terms and provisions shall continue in ful;1 force and effect. Section 2. In the event of such finding the parties will meet within thirty (30) days to begin negotiatio~is 0t~replacement Article or Sectio~n. 47 ARTICLE 36 DURATION This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission, and shall remain in effect until Septernber 30, 2004. The pay for performance increases provided for in Article 12, Wages Shall not continue beyond September 30, 2004, unless otherwise extended by written agreement of the parties. Agreed to this dgyof tl~ough the au~e~ ;epmsentafives Of the'Uni6n a~l,the citY. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION Wimess Witness Wimess By:_ President By: CITY OF BOYNTON BEACH Mayor ATTEST: Witness APPROVED AS TO FOP/vi AND CORRECTNESS: City Clerk City Attorney Ratified by City Commission City Manager Ratified by Union Date S:ca~ollecti,,~ bargainingkPBA\Clcan 102401 Date EXHIBIT A 48 VI.-CONSENT AGENDA ITEM C.2, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City commlssmn Date Final Form Must be Turned Requested Cit~ Commisston Da' ~ Final Form Must be Turned Meeting Dates in to Ciw Clerk's Offic~ Meeti~ Dates in to Ciw CIo:k's Office [~ Jul3 17, 2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001 Se :rnber 5, 2001 (5:00 p.m.) '-] August7.2001 July l8. 2001 (5:00p.m.) [] October2.2001 Si ~mber20.2001(5:00p.m.) [] August21.2001 AugustS, 2001 (5:00p.m.) Octoberl6.200t Oct,ber3,2001 5:00p.m.) [] September 4. 2001 August 22, 2001 (5:00 p.m.) ~ November 6. 2001 Oct ~ber 17. 2001 t5:00 p.m.) ['-- Adm/nistrative [] Developx ~ Plans NATURE OF [] Consent Agenda [~ New Bus ness AGENDA ITEM '--] Public Hearing --I Legal ,~ Bids [] Unfinished Bns/ness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: To release cash bond of $5_280.00 to the Shoppes of Boymon Terranova Corp, ~_~ ..... EXPLANATION: On August 9, 2001, the Building Division sent to the Finance Departmeur a cash bond of $5.28~ , for the completion of the permitted work ar the Tuesday Morning Store (2236 North Congxess Avenue). The work has be{ n completed and the f'mal Certificate of Completion has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None D ep~rn~mt l~d s ~ignat~tre 's Signature Department Name ,r ' City ~[tt~mey / Fimm¢ ~ 7 Human Resources S:~BULLETIN~ORiMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- i RESOLUTION OF THE CITY COMMISSION OF THE CITer OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH BOND TO THE SHOPPES OF · BOYNTON ~T~0VA ~P?,, .:~ THE. AMOUNT OF $ 5,280.00; ~ PROVIDING AN ,EFFE~TPq'E DATE. WHEREAS, the developer of this project previously posted a cash bond in the amount of $5,280.00 for the completion of permitter[ work at the Tuesday Morning Store 2236 North Congress Avenue); and :~REAS, all impecfions have been successfully completed and a Certificate of Occupan~ ~been issue~;~' aud .... : '" ' ..... NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITrY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation Of staff, hereby approves the release of the cash bond in the amount of $5,268.00, to Shoppes ofBoynton Terranova Corp. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED tiffs day of November, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk DEPARTMENT :OF~DE~ELOPMENT BUILDING DIVISION MEMORANDUM NO. 01-205 TO: FROM: DATE: RE: Diane Reese, Finance Director Don Jolmsom Building Official September 26, 2001 RETURN OF CASH BOND - TUESDAY MORNING STORE - 2236 NORTH COSIGRESS AVENUE On August 9, 2001, we sent you a memo (copy attached) regard'rog a cash completion of the permitted work at the aboveaddress. The work has been comple' of Completion has been issued. Therefore, please return the bond m Shoppes oi Attached is a Direct Payment Requisition. DJ:rs Attachments XC: Timothy K. Large, Building Code Administrator Kent D. Hamilton/235 Commercial Boulevard, Ste. 208; Lauderdale-By-Tl Permit file # 01-2082 ond of $5,280.00 for the ed and the final Certificate Boynton Terranova Corp. -Se~FL 33308 S:\DevelopmentXBuiiding DivkDocuments~Memoa in Word'6~,etum of Cash Bond-Tuesday Morning Store. doe DIRECT PAYMENT REQUISITION PLEASE RETURN CHECK TO RUTH SCIRI~ IN BUILDING DIV Please issue a check in the amount of $ 5,280,00 To: For: Shoppes of Terranova Corp. 1200 Brickell Ave. Suite 1500 Miami. FL 33131 Return of, cash bond for tlie completion, Of pe~-~"itted W0'rk at TueSday Mgrn rig Store Requested by Department of Development Date September 26, 2001 Approvals: Section Admin. Finance Dept. City Manager rs 001 0000 220 99 00 5,280.00 5,280.00 Attachment/copy of memo # 01-172 Genera/Contractors PENNINGTON & ASSOCIATES INC. License #CGC05294 6 9 5 19 oS~;~:Bnl~ Cw°~tt ~ ~ ~;et ~J,: ~ 'unnt ~ rs eP, a;~'~3F~3~ )~?~)1 _6~8~71~ ~~-~ ~4~;; 8 0 3 DEP.A-RTMENT OF DEVELOP.M-ENT BUILDING DIVISION MEMOR_A. NDUM NO. 01-172 TO: FROM: DATE: Diane Reese, Finance Director Don Johnson, Buitd/ng Official~ August 9, 2001 SUBJECT: CASH BOARD _ TUESDAY MOR,N~ING STORE - 2236 NORTH CONGRESS AVENUE Attached is a check for $5,280.00 fi.om Shoppes of Boynton Terranova Corp. Th/s is a cash surety for Tuesday Morning and is to be held until'all outstanding issues of their temporary Certificate of Completion are completed: T/fig. should occur within 30 days. Upon completion of the deficiencies of thc permit an:d the issuance of the final Certificate of Completion, the surety will be returned. DJ:rs Attachments/lener fi.om Kent D. Hamilton & check XC: Tim6thy K. Large, Building Code Administrator Permit File # 01-2082 J:\SHRDATAkDevelopmentkBuilding DivkDocumentskMemos in Word\Cash Bond - Tuesday Morning Store.doc Requested Ciiy Commission Meeting Dareg [] July 17, 2001 ] AugUst7. 2001 [] August 21, 2001 [] September 4. 2001 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM QUEST FOB Date Final Form Must be Turned in to Cit~ Clerk's Office July 5, 2001 (5:00 p.rml July 18, 2001 ~5:00 p.m.) August 8. 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates September 19. 2001 [] October2; 2001 [] October 16. 2001 [] November6, 2001 [] Admkqisrrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] [] City Manager's Report VI.-CONSENT AGENDA ITEM ¢.3. &?Il: 35 Date Final Form Must be Turned in to City Clerk's Office September 5. 2001 (5:00 o.m.l September 20. 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) Oclober 17, 2001 (5:00 p.m.} / Developinent Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Motion to approve and authorize signing of an Agreement for ~V~.ater Service Outside of the City Limits for a parcel owned by Condor Investments of Palm Beach County, Inc.. located near the southeast quadrant of Military Trail and Hypoluxo Road. EXPLANATION: This parcel is located within the City Utilities Department service area,] but outside of the City Limits. The City does have potable water and sanitary sewer mains adjacent to the property. A portion of the parcel was formerly a nursery, but the parcel is currently undeveloped. It is planned for a multi~f~milv residential usage of 214 dwelling units plus a clubhouse/leasing office. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: In that the parcel is within the City's utility service area, we see no reasonable alternative to approval of this agreement. Depar~ent Head s Signature City Manager s ~ignature / Utilities ~ f Cit~ Attorn~4~ AF-inan~e / Human Resources XC: Peter Mazzella (w/a~tachments) Michael Rumpf, Planning Dept. (w/attachments) City Attorney File S :kBULLEIIN~O1LMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A PcESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRE(~ING THE ~.Y_~pR,,~ GI~Z¥ CLERK TO EXECUTE' A AGREEMENT~POi~'WATER SERVICE OUTSIDE THE C~ LIMITs 3~4D COVENANT FOR ANN Tid i a 'WE N BOYNTON BEACH mm, OF. PALM BEACH coUNTy~ INC.; AND PROVIDING AN EFFECTIVE-DATE. WItEREAS, the subject property is located outside of the City Limits, but within our water and sewer service area, located near the southeast quadrant of Military Trail and [ypoluxo Road: and WItEREAS, City policy requires annexation of the property, to be serviced at the arliest practicable time, as a condition of the granting of water servmes outside its- urisdictional limits; and WHEREAS, the City does have potable water and sanitary sewer mains adjacent to he property, the property is currently undeveloped. It is planned for a multi-family residential usage of 214 dwelling units plus a clubhouse/leasing office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF :HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a Water Service Agreement between the City of Boynton Beach, Florida and Condor Investments of Palm Beach County, Inc., said Agreement being attached hereto as Exhibit 'A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor kqce Mayor Commissioner Commissioner Commissioner Clerk WaterSer-Condor 102501 THIS INSTRUMENT PREPARED BY: James A. Cherof, E~uire Josias & Goren. P.~ 3099 East Commercial Blvci. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this day of 20 by and between ~ ;inafter ca] corporation Of a municipal WHEREAS Customer Owns reai p~:operty outside of the jurisdictional limits of the City of Boynton Beach, F Orida; arid WHEREAS, Customer 'has irec~Uested that the C ty of Boynton Beach Florida provide Water service~tb ~he ~r;6pertY owned by Customer; and WHEREAS, the City of Boynton beach has the ability to prov de water serv ce to Customer'sprop rty. a nde WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and m consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer anti the City hereby agree that there are 2-/J~''' Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of OrdinanCes or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Cu~orner to perform the work necessary to conforFp the lines or the City may have the wdrk performed on behalf of the CuStomer, n which case the CUstomer ¢i]1 payih adva.~ce all est mated costs t hereof. In the event the City has such WOrk performed the CuStomer W l also advance such add t ona funds as may be necessary to pay the t )tal actual costs incurred by the City. 4. Agy water ma n extens on made pursuant to this Agreeme us~,qnly l~y ,the ,Customer, unless written consent, is granted by Boynton.-B~ch, {Or Other parties~,to ieon~ect. All C°nn~ctions she il~' ~¢~ordance With the Codes an'd regulations of Boynton Beach 5. TiQe to all mains, extensions and qther faci ties exteride( City Water DiStribution systecn to and i~bludiUg' the ~et~i'ed oC. Usto~eE ~shall be yes'ted in; the City exc/usiyely unless otherwise ;~ abahd'ened to the property Owner. 6~ The Cu.~tomer agrees to pay ~1 Charges, deposts ~ncl s'.e,~me: a[~d.eqB~pment in ~connectlon ~th,~water serv~ce:ou[sld hmitS ~pi~hcable uqde[ ,C, ity Ordinances ~and rate schedules apPlicable, Whibh ma~/be c~anged ~rom fin~e:~o timel 7.~ , Any rights,of-way or, easementscecessary to accomm ciCnnecti,~bs i~ia.i ;be provided by the Customer {b ~he City.. ~t shall be :he Oit~ of I be~ ma(~e from the ervice to conveyed rates for ~liigh ale date the 8. The Customer shall, con,temporaneously execute and deli .~r to the City ar~ irreV°cab e Special Power df:Attorney granting to the City :he power and authority to execute and advance on behalf of the Ct ;tomer a voluntary petitioa for annexation., Customer covenants it coope~te with the City and hot ra se opposition or annexation if and when annexation~ is initiated. The be subject to annexation at the opt oh Of the Cty at any time the is eligible under any available means or method for annexation. Customer Will inform any and all assigns or property of this covenant and of the ii bUt or lack of no way ~mpair the power Of attorney nor constitute a diminution or lack of consideration. 9, The Customer acknowleclges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the successo! n5 and;seals ~i~ the FO q CORPQ~, ATION(S) NOTARIZATION STATE OF ,N ~ ) COUNTY OF ~q ~o~) ) I HER~EBY CERTIFY that on this day, before me, an officer duly a in the State aforesaid and in the County aforesaid to take acknowledsm personally appeared ~ to me known to be the perso described in and who executed the foregoing instrument that he ackno~ before me that he/she executed the same; that the individual was pets( known to me. WITNESS m~hand and official seal in the County and State la., this [~/~ dayof ~-ob~_ ,200.~ (Norm Notary Public ~thorized snts, ~(s) ~ged natly t aforesaid WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: STATE OF FLORIDA ) ) COI/NTY OF PALM BEACH) City Clerk~ · .... I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and City Clerk respectively, of the City named in the foregoing' agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and Stace last aforesaid this day of , 199_~ (Notary Seal) Approved as to form: .Notary Public Legal Description Approved: City Attorney JAC/lms 900182 12/t2/95.rev WATERSRV.1 Land Design South 478-5012 IRREVOCABLE SPECIAL POWER OF ATrORNEY (By Individuals) STATE OF FLORIDA COUNTY OF I/We, Condor Investments of Palm Beach County. Inc., hereinafter "Gramee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for C. nantee and in Grantee's name, place and stead, for the sole purpose of execuling on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: Land ~si~n south 478-$01~ p.7 Tho pow~s and authority of my attorney, ~ CITY OF BOY]~FFON BEACH, FLORIDA., ~%nl! ¢ommen¢~ and Be in Full for~ ~nd e~e~t ~n ~ :~o'T'¼ dny o£ ~c/~-C ~P~ , 200~ , aud ~he powers and authodty shall bs /z~vocable by / ~ ~Z. day of ~C~o ~ ~ ~ , ~ ~e ~e~ ~o ~o,,~.d ~d one. Viee President STAT~ OF /J',Q.,. ) COUNTY OF ~q~e.~ c ~ ) T~ FO~G ~S~U~ day of~ 200!, ~ Jnm~ Wnnde~o~ ~ve pro~c~ , ~ ideation ~d who di~did ~t ( ~~TARY PUBLIC This property ~s currently ~er cont~ae~ for sal6 vith Holiday HalOdent issociat~s, Ine.~ and is schsduled ~o closa pr~o~ ~o April t, 2002. If the subiec~ prope:~y is ~t closed by Ap~i 1, 2002, this con~ract is null and void. No p~ti~lon or o~her ~cci~ ~o ann~ the r~al p~op~ty described in ~h~bit "A" rill b~ filed or ~rsued prio~ to April 1, 2002~ ~houk approval NOTARY PUBLIC ~ype or Print Name Comm/s~on No. _ First American Title Insurance Company SCHEDULE A Issuing Office Pile No.: 1. 2. 00054057 C0nm'uur*,,e.nt Date: Ji~z'lttary 3, 200! 08~00 ~ Policy or Polic/es lo bc issued: ia) Owner's Policy (Identify policy type below) Policy Amount: $ 2 r 4 0 0,0 0 0 · 0 0 ALTA Owne~ Policy (10-17-92) (with Florida M~ifi~tio~) Pmpo~ ~: ~l~day M~ag~ Associates, Inc. Co) Lo~ Policy ildenlify~ policy type _~.0w) ........ Policy Amount: S ALTA'L0mt'Polic~Y (10-17-92),(wid~ Flonoa ~oomcatioos) Propo~.,d (c) Other (Ideatify policy type below) Propos~t Insured: Policy Amount: interest in the land described in hhis Commitment ia own~l at the A ~llg SIMPLE Corem/uncut Date, by: Condor ~vee~n~s of Pa~ Beach C~ty, Inc., a Florida co~ora~ion The land referred to ia this Commini~cnt i~ described ~ follows: See A~tached Schedul~ & Continue~ Issue Date: FebruarY' 2, 2001 . THIS COlVlMITME~TIS FURNISHEDBYF]RST AMERICAN'rHLEINSURANCE COMI~ANYORITS POLICYISSUING AGE,~I' SOLELYFOR TH~ ISSUANCE OF A POLICYOR POLICH/S OF TITLE INSICRANCE OF FIRST AM~P.]CAI~TITLE INSURANCE COMPANY. 'r~ COMII~T~ IS NOT AN ABSTRACT OR AN OPINION OF TITLE. LIABILITY UNDER THIS COId~rrI~ENTI$ DEFINED BY AND LI~U'r~D TO x'az TERMS AND CONDITIONS OP -l'~uS COMMITMI/:NT AND THE TITLE II'~'URA~ POLICY TO BE ISSUED. PERSONS AlqD EN'Iii-I~S NOT LI~-i~D ABOVE AS PROPOSED INSU'P, ED ARE NOT /~,l'IT~,-r ~ED TO RELY I/PON T[~S COMI~ITMIElqT FOIl ANY PURPOSE. FiI~ No.: First American Title Insurance Company SCHEDULE A (Continuad) 00054057 Commitment No. FA-CC- Policy No.: Parcel 1= Tract 7 of the Northeast Township 4~ South. Ra.n~e (NE 1/4) of Se=tLon 12. Parcel 2~ Tract $ of the Northeast one-quarter (NE 1/%) of Section 12. To.ship %5 ~outh, ~ange 42 East, Palm Eeach County, Flor£da,- auoorc%ing to the amended plat of said Section 12. recorded in Plat Book 9. page 74, o~ the Public aecords of Palm Beach County, FIori~a. Parcel 3= The West one-half (W~1/2) of ~hs East one-quarter [E 1/4) of the Northwes~ one-quarter (NW 1/4) of the Northeast one-c~uar=er (NE 1/4] Of Section 12. Township 4S South. Range 42 Eas~. Palm Beach Count~. Fioricl~. LESS the North 40 feet ~ereof £or Lake Worth Drainage D~strlot r~ht-o~-way of Canal L-18 and LESS follOWing d~scrlbed Beginning a~ the Northwest corner of the above-described thence southerly along ~e West line of said Trao~ a distance of 320.0 feast thence easterly parallel ko the North llne of said Tract a ~i~=a~ae o~138.93 feet; ~h~nce no=therl~ 93~43'30-, as First Am~erican Title Insurance Co~mpany (Continued) SCHEDULE .... FilcNo,: 00054057 Comrmlmen( No. FA-CC= Policy No.: me&su=ed £rom~eet to Ho=th a disCa~ce of 320.0 £eet7 thence ~ ~ ~ha ~oin= of beginning. The above-de~oribe~ parcel be=ng a ~art of the Wes= one-hal~ (W 1/2) of Tra~ ~, acOordin~ =o ~ ~na~a ~1~o~ sai~ Section 12, rec0r~e~ ~ Plat ~k 9, page 74, o~ ~e ~lic Records o~ Pa~ BeaCh Cb~tY' FIOrida. First American Title Insurance Company Issuing Office File No.: 00054057 The following requir~meat~ must be me~: I 2. 4o The SCI41~IU'LE B-SECTION 1 REQUIREMENTS agr~d ~oun~ for ch~ intere~ in thc land to be in~ured a~d/or' a~ording so Be mortgage for the policy. and assessed agaiost the land, which a~e duc and payable. ~o u~, ~eafing the int~rt~ in th~ land and/or th~ mnr~a~c to ~ insured. A. , InC.. a such additS~na '. 6. If the substantla11y all o~ ti a certified autk .1202. must incorporation ! this =f said such additional Partial Relea;e (as ~o t~e lands =o be ~nsured hereby) of t~at certain Mortgage from Con,or InVestments of P~lmBeach County, Inc.. to David B, Rinker Rinker, James A. Vanderwoude ar~ Lo~s K. Van~ez-woude, da~e~ ] : 24, 1997, reco=ded De ia Official Records Book a~ou.nc $4,604.680.00. :h~ Mortgage good standing and Proof of Taxes for ~e Year 2000, u~det Proper~y Control Numbers -0000~ 00-42-4'5-12-02-005-0000; and See A=eache~ Schedule G-1 Add1 Continued Agent's File No.: First A erican Title Insurance C6mpany SCHEDULE ~- I ~d~l (Continued) 00054057 Com~tmcnt No. FA-CC- Policy No.: B- 1 Addl 10. Survey prepared by a Florida registered land ~ur~yor; dated no more than 90 days prior to the ¢losin~ date az s~ject all other parties z~ in:eras:, . all 1aha surveys as set forth in Chapter 472.027, in ChaDter 21 HH 6% Florida Ac~mi=istrative Code. Said i 2. 11. requiremen~s aa it may daemneceseary. executed ~tiona and shown. First American Title,Insurance Company SCHEDULE B-SECTION 2 EXCEPTIONS Issuing Office Pile No.: 000540S7 Any policy we Ls.suc will have the following exceptions, unless they are taken care of to our satisfaction. Any rights, in~resu or claims of panics ia poss~sion of thc largi not shown by the public re¢otas, Any fichu, inleres~s oi' claims affecting the land which a con'~c! sun, ey would disclose and which are not shown Dy · the public records. Afl¸ prior was previously, ~c:re~o~a of~hc 10,~1 taX ~ollccting Any min.'als or mtn~l tithes l~s~l, g~t~l Or r~ain~t y curr~nt_ ~r' prim;, /~ Taxes a~ a.s~,sm~n~s for the year 200~ ~ subsequent years. ~y l~en arls~ng ~der ~ap~e~ l~g, F~o~da ~atu~es, ~n favor o~ ~y oi~y~ to~, village or ~t a~r~y for ~paid ~e~ce char~e~ for se~xce ~ ~y ~ter. sys=~, me~r sysco, or ~as oyst~ seducing the l~ds described herean. matters s~u~wn on the plat of Amended Plat of Section 12, Town~b/p 45 South, Ra~e 42 East, Mary A. =la,an E~ Al, recorded in Pla= Book 9, pa~e 74, of the Public ReuordB of Palm Beach County, Florida. 10. Ri~h=-o£-way o~ S~&~e Road 809 (Military Trail) as shown in that certain deed from the Board o£ County Commissioners 0£ Palm beach cotmty, Florida, to the S=a=e of Florida, recorded i~ Deed Book 909', ~a~e 208, as widened as shown in that cot:sin S:ipulation and Final Jud~men= recorded in official Records Book 6274, page 304. See Attached Schedule B-2 Continued First An eriCan Title Insurance C'6mpany SCHEDULE a~ 2~ ~ i~ (Continued) File No.: 00054057 Commkme~t Ne. FA-CC- Polly No_: 11. Right-of=way fo~ drainage ditches and canals eS now laid out ~nd in use. 12. Easement granted to the City of Bolrnton Beach, Florida, by instrument recorded in O£~icial Records Book 4366, page 1255. lions of that certain agreement with Palm Beach County, 14. 15. dra%n.a~e, as set forth in that certgin Order of Taking Ln Official Records Book 6089, page 202. Ter~s and provisions O~ that aertai~ agreement with Pa~nBeach County, Florida, as set ~or=h in that certaln S~ipul&tion and Final Judgment recorded in Official Records ~ook 6274, page 304. L-18, Affidavi~ recorded rights, title Case No. 407, Record Book 6495, 6:495, 'Page 1~45 and Official Record Pa~e 15~4. / as con~a~e~ i~ Deed from the Lake Worth Drainage District ~ecords Book 926, Pag~ 794. (as to Parcel 2} 16. 17, Easements ~ran=ed, to Florida Power & Light Company by instruments record~ in 0~ftc:Lal Records Book 371, page 39~ 0~c~el Records Book 645, page $17~ O£ficial ~ecords Book 1578, pa~e 887~ and O~ic£al Records Book 6106, pa~e 16~9. (as =o Parcel 1) Easement granted to Florida Power & Light Company by instrument lg' .in Of£iclal aecords Book 6~0,__page $~2. (as to Parcel.2) recorded 19. ~asement granted to Florida pOWer & Light Company by instrument recorded in Of£icial Records Book 642, page 291. (as to Parco1 3) See Attached Schedule B-2 Continued $C~D~E B-2 (Coutlnued) File No: 00054057 Commitment No. FA-CC- Policy No.: 20. Terms, conditions, r~gh2s and ob~g&2~oneoE am.~ ex~sC~ng unrecorded l~aee(e) and all rights of lessee(s) and r~gh~s o£ &11 p&rties cl&im~n~ by, =hrou~h, or under said lease. Note: All of the recording infozma~ion contained herein refers to the PublicRecorde of Palm ~Florida, ~cated. ENDORSEMENT ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY issuing Office File No.: 38771 Attached to: Commitment The Commitment is hereby amended as follows: [. The effective date sst forth in item 3. of Schedule A is hereby updated to September 25, 2001 at 8:00 a.m. 2. Schedule ~ is hereby amended by the addition of the following except n; Florida." ALL OTHER TERMS AND PROVISIONS REMAIN THE SAME. ~een Palm Beach acerded in Official ~m Beach Count'y, This endorsement'is made a part. of the policy and ~is ~ubject to ali of the terms and.proviSions thereof and of any prior endorsements thereto. Except tO the~extent expressly stated, it r~ither modifies any of the terms and 1~3visions of the policy and any pr[or endorsements, nor does it ~.~nd the effective date of the policy and any prior endorsements, nor does it increase the face arno~nt thereof. This endorsement.shall not be valid or binding unless signed by either a duly authorized officer or agent __ of t~e Company. Issue Date: October 8, 2001 Scott, Harris, Bryan, Barra & Jorgensen, P.Ai J. Richard Hams, -'squi Authorized Signatory .%_ ~ NtlLITAF~Y T~ Requested City Commission Meeting Dates [] July 17. 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 CITY OF, ?BOYNTON BEACH AGENDA ITEM REQUEST FOR Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18. 2001 ~{5:00 p.m.) August & 2001 ,5:00 p.m.) August 22, 2001 (5:00 p~m.l Requested City Commission Meeting Dates [] September 19. 2001 [] October 2, 2001 [] October 16. 2001 [] November 6. 2001 VI.-CONSENT AGENDA ITEM C.4. Date Final Form Must be Turned in to Ci~ Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17. 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] City Manager's Report [] Developlnant Plans [] New BuSiness [] Legal [] Unf'mished Business [] Presanta~ion RECOMMENDATION: Motion to approve and authorize signing of an Agreement for ~¢~ater Service Outside of quadrantCity Limits for a parcel owned by R.J. Consulting Management and Marketing, Inc-, located at the n°rtheaStof Military Trail and the LWDD L-23 canal. EXPLANATION: This parcel is located within the City Utilities Department service arcat ?ut outside of the City Limits. The City does have potable water and sanitary sewer mains adjacent to the property. It is planned for a~.~ multi-family residential usage of 18 dwelling units. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: In that the parcel is within the City's utility service area, we see no reasonable alternative to ~~/(~ _~/ff~val of this agreement. ~ Department Head~s Signature ,'~ Cit~'Manage; s Signature Utilities ( ~q'?~ ~ Deparunent Name / C~ty Attorney 31~]Ilffnce Haman Resources XC: Peter Mazzella (w/attachments) Michael Rumpfi Planning Dept. (w/attachmants) City Attorney File S:~BULLET1N~ORMS AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA, AUTHORIZING AND D~t~ECTING, THE M2k~ .¥OR:~ ~ CItY CLERK :TO EXECUTE 3/ AGREEMENT~ FOi~"~WATER SERVICE OUTSIDE THE, ~CIT¥ LIMITS AND COVENANT FOR ANNEXATION BgTWEEN THE ~Crry (~F BOYNTON BEACH AND R.Z ~ONSLrL~!NG~AGEMENT ~ MARKETING, INC,; gaND PROVIDING AN EFFECTIVE DATE. WltEREAS, the subject property is located outside of the City Limits, but within our area, located near the northeast quadr~mt of Military Trail and the LWDD L-23 Canal; and WHEREAS; City policy requires annexation of the property to be serviced at the -' earliest practicable time, as a condition of the granting of water services outside its urisdictional limits; and WItEREAS, the City does have potable water and sanitary sewer mains adjacent to It is planned for a multi-family residential usage of 18 dwelling units. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed ro ~etween the City of Boynton Beach, Florida and Consulting Managemem and Marketing, Inc., said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk 102501 IRREVOCABLE SPECIALPOWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF I/We, ~ ~-. ~-~,~ ~ ~ ~'%~ AC~=-3~-~ , ~/~EV~ ~ (hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, nrue and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power ~o initiate, maintain, and complete a voluntary petition for annexation of the real properuy described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority no act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my~ attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the %'~ day of ~ ~O% and the powers and aunhority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of __ in the year ~ thousand ~ Sealed Witness ~ss and delivered in the presence of ~ ~rin ~ Witness Print name STATE OF FLORIDA ) ) ss: COUNTY OF .PALM BEACH ) THE FQRt~GCING INSTRUMENT was~-~nowled~d befo~me this __ day of ~~ ,~k.~©J, by ~ · ~-~1,~ ~X~m~~3 did/did not and , who are known to me or wl~---K~ as identification and who take an oath. Commission No. My Commzssion Expires: POA.IND James A. Cherof, Esquire Suite 200 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ~.day of Oo-~_~. , ~!, by and between ~-~-C~~/%~m~ ~w.~7~l~ ~4-c hereinafter called the "Customer", and the CITY'OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City. of Boynuon Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton beach has the ability to provide water service ~o Customer's property; and WHEREAS, the City of Boynuon Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of recelving wauer service from the Municipal Water System and the muuua! covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The C~ty agrees uo provide Customer with water service from its Municipal Water System tQ service the real property described as folloQs and which Customer represents is owned by Customer: 5~ ~&~,~ ~ 2. The Customer and the City hereby agree that there are .Equivalent Residential Connections which City shall service. OrdinanCes Q~Land Development regulations to prov~ th~ C~us~merts ~remises. The Customer shall~ be re~ inst~tl~.a~io~ in~confol~mancewith all codes, rules.an~ appl~cabl~ to the lnstallation and maintenance of~% limes upon _the,. Customer's premises. All such li~ app~oved~by~he Director of Utilities and subject ~o the City Engineers. ~ The City shall have the opti requirl~ the C~st~mer to perform the work.neCessary t limes or-the~ Citly may~ have ~he work performed on Customer, in which case~ the Customer will pay in estimated costs thereof. In the event the City performed, the C~stomer will also advance suck additi may be necessary to pay the total actual cosEs in¢ City. e service to ponsible for ~ regulations rater ~ervioe ~es shall be [nspect~ionby on of either conform the ehalf of the advance all ss such work Dual funds as urred by the 4. Any water mazn extension made pursuant to t ~is A~3reement shall be used Only by the Customer, unless written consent is granued by the City of BoyntQn Beach for other partie~ to connect~ All connections shall be made zn accordance with he Codes and regulations of Boynton Beach. 5. Title to~ all mains, extensions and oth extended from the City Water Distribution System to the metered .service to Customer shall be vested exclusively unless otherwise conveyed or abandoned to owner. 6. The Customer a?~ees to pay all charges, rates for service and equipment in Connection with outside the City limits applicable under City Ordina schedules which are applicable which may be changed time. r facilities ~nd including in the City the property deposits and ~ater service ices and rate from time to 2 7. Any rights-of-way or. easements necessary to accommodate the connections shall be provided by the Customer to the City. to the the ~ of.the covenants is The Customer shallf contemporaneously execute andde!iver of to ~to~execute that it shal with the raise ion power~of:; fstiall in nd ;'w~y a~,diminution or'.lac~ ~-. ,~ Th~, ~ th~s ~oyena~t repaint annexation, ~s~tended'to be. :and )y made~a" .... c~e~t.~ru~R!~~' '~' '' wi~h the land described in paragraph 1 above. ThisAgreement. an~ the power of attorney referenced here~n is uo be recorded in the PublicRec'ords.~of Palm Beach Counn¥, Florida, an~.i~he: Customer a~d all subs~.~/~ent transferee; grantee~, heirs or shatl be,'bindin? ou the Customer.:a~d 10. It is agreed that the City shall have ~o liability in. thR event there is a reduction, impairment or termination in water service to b~ provided under this Agreement ~%t~ to any liability zn the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes,~ other Casualties or;other circumstances beyond the City's reasonable;con~roi. : i~ 11. The Customer hereby agrees to indemni~y, defiend and hold harmless the City of Boynuon Beach, Florida, its Mayor, Members of the City Commission, Officers anted agents IBoth in their individual and official a~ ~ agains~ all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgmen5 collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorpQrated in this Agreement. No modifications or chan~e in this Agreement.shall be valid upon the parties unless in writing executed by the parties to be bound thereby. IN WITNESS _WLHE~EOF, the par~ie~ hereto have set their hands and seals this ~~ day of ~~ , ~_~. WITNESS: (As ~o owner) (As eo omer) Secrecary '.(S): e) (P~t na~e) (CORPORATE NOTARIZATION) FOR CORPOP~ATE NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County afore_said to take acknowledgments, personally appeared ~o~ ~,~ ~_~w~ to me known to be the person(s) described in and who executed the foregoing instrumenu that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me o= ~idcd th~ f~llowin~ proz~ ._ ' . mca ion: WITNESS my ha~n~and offici~ ~ in the County and State last aforesaid this ~ day of WITNESS: CITY OF BOYNTON BEACH, FLORIDA ATTEST: STATE OF FLORIDA COUNTY OF PALM BEACH SS: City Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk-respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by'said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of , 199_. (Notary Seal) Approved as to form: .Notary Public Legal Description Approved: City Attorney JAC/lms 900182 12/12/95.rev WATERSRV.1 5 FAR ~^~c~w,~r CBOE REQ. NOJ ~EQUtRED I NO. PRO,lOEB PERIMETER TREES - R/W 1 PER 30 LF. 6 6 TREES - COMPATiBLE 1 PER 50 LF, , 9 9 SHRUBS 24-" O,C. lg~ 1go TOTAL PERIMETER TREES 15 15 INTERIOR TREES - LOT 1 PER 1500 SF. 52 52 TREES - LANDSC. ISLANDS 1 PER 12 SPACES 1 1 TREES-SHRUBS 5 PER 1500 SF. 156 156 TO~'.a4J TREES 67 67 GROSS DENSITY RECREATION REQUIRED RECREATION PROVIDED TYPE OF OWNERSHIP NEW BUILDING COVERA, EXIST. BUILDING COVER EXIST. BLDG IMPERV. TOTAL BUILDING COVER iai LOCATION MAP ~WDD, CANAL L-23 OLD BOYNTON RD. BOYNTON BCH. BLVD N.T.S. ~ DRC CONDITION OF APPROVAL: 1. PHor to building permit the existing utility eosement along the east property line shell be obendoned. (BLDG. PERMIT:MONITORING-Bldg.) (Runs thru bid<] 2) TOTAL SITE IMPERV, TOTAL SITE PERV. [ OFF STREET PARKING REQUIRED PARKING 2.2,~ OFF STREET PARKING Pi 18 GARAGE + 18 DRIVE 4 SPACES 4- i HANClC/ TOTAL PARKING PROVIDE ( SHRUB ~' 24" O.C.) 5' COMPAT. L PERIMETER HEDGE ( SHRUB O 24" O,C.) R~O 1 O' COMPAT. 6' PERIME'FER HEDGE ( SHRUB O 24" O.C.)\ EN~$EP~NT Attorneys' Title Insurance Fund, Inc. 0RLA~ID0. FLOR[DA NO. I ~o C0mm~ent No.: CF-0564932 Or,~al ~nsur~: Palm Beach ~Jn~ ~n~ A;ent'$ F~e Referent: 95486011 The effective date of this commitment is hereby amended to September 13, 2001 at 11:00 .The following is hereby added to Schedule B, Section 2 as Item No. 18: l'8~.~Essement to Bell South es reoerde0 in Official Recor;I Book 12773, Page 1830, of the Public Records of Palm Beach County, Florida. {Legal Description referenced in said ~hea~ment is not with n our property de~ript on) :19. :Easement to Cypress Villas Condominium Unit No. 1 Association, Inc. as recorded n ~ffibi. alRiecord Book 12~33, Page 1593., Of the Public Records of Palm Beach County, FlOrida. other conditlona remain the same. Cohen, Norris, Scherer & Weinberger Name of Agent October 3, 2001 Date 7159 .~oor~ No, Attorneys' TIUe Insurance Fund, Inc. By Charles J. Kovale~ki P~e$i;~e~t Commitrr-ert! No.: CF'0564932 FUND COMMITMENT FORM SCHEDULE A Agent's F]~e Reference: 95486011 Effective D;~te: JUNE 15, 2001 @ 11:00PM The coverages provided by the Cio6ing Protection Letter printed on the inside cover of this commitment are extended to the proposed insured(~) identified below, I. POlicy or I~oiic~e$ to OWNER'S: ALTA MORTGAGEE: ALTA ~ar Pol=y (1~17io~2). (~t other, PALM ~CH COUN~ B~K, ~ ~¢ces~rs and/or a~igns t~re t~re~o i~ ~t the ~e~ ~eof v~l R.J. CONSULTING MANAGEMENT & MAR~TtNG, INC., A FLORIDA COR 3. The ~d r~ff~ to i~ ~ commi~t ~ de~ ~ SEE EXI~IIBIT "A" ATTACHED HERETO AND MADE A ,..P. AflT HERIEOF $1,700.000,00 rest may appear ORATION ISSUED BY COHEN NORRIS, SCNERER, WEINBERGER & WOLMER 712 U,$. HIGHWAY ONE 7159 NORTH PALM BEACH ;LORIDA 334i)8 Oomrn,~rnenl No,: CF'~5649~2 95486011 PHASE II 8~GIN ATTHE ~OUTHF~J' CORNER OF THE PLAT CF ~YPRE~ VILL,~ A~ ~CORDED ~N PLAT BOCK PAGE I~,~PUBLC ~COR~ OF P~ B~H COUNt. FL~D~ THENCE ~OUTH ~ DEC.ES ~ ~INUTE~ THENCE ~UE NO~H A DI~ANCE ~ ~25,~; THENCE NO~H ~ D~GREES ~ MINU~ ~ SECONDS WE~ A ~ANCE OF 1~ FE~; THENC~ NO~H 51 DEG~ ~ MINU~S ~ SECONDS EAST. A'~ISTANCE D:~ ~ ,.~...,~ _. ~. ~ . ' ',,: '~V',~'~'-~-~r -~';~m~; THE~CE:~UTH~ PHASE al E~G N THE FUND GOMMITMENT FORM SCHEDULE B-I Comrnitme~lt NO.~: CF-0564932 Memb~$ F~le No,~: 95486011 h The fOllOWing are the requirements fO be complie¢l with: & ~rl~e~!n~, [nc., ~ F~Orid~ co~rpor~[on to ¢o[r~'t [ega~ d~sefiptio~ ;n instrument ~orde~ , OffiCial Rec0rd aoo~ 4. EMENT & MARKETING, I~C., A FLORIDA FUND COMMITMENT FORM SCHEDULE B-Ii Commitment N=.~: CF~0564932 Metr/oer'$ File No.~: 95486011 II. Schedule Bur the pulley or policies er guarantee to be issued will contain exceptions to the following matters unless the seine are diepussd of to the satisfaction of The Fund: ~nersh,~ ol~m t~y the State of FI0rMa by'right Following Page... FUND COMMITMENT FORM SCHEDULE B-II (Continued) Commitnlent NO,iP: CF"0S64932 Member ~, File N0,~: 9848601 t2, Ded;.-atlon of Easemen= reeoroe~l ~ O.R. Book 1928, Psge $36. of me Pubric Records of =arm aeao~ C=Jn;y, Flor~a 14. Gran[ of Easement re~otc~e¢~ i~ O.R. Bo~ 4015, Page 1295, of the Public ~q~cord$ of pslm E~ach County, Florida- INFORMATIONAL NOTE: Taxes f~' the ye~' 2000 ~'~ paid in [he amount ot ~=0~62: ,~ross Amount $62-50. INFORMATIONAL NOTE: Items Numbered ~. 2 at~ 3 a~ox~e will ~ ~t~t~ on the final mor~.gagee poliCy to ~e issued. INFORMATIONAL NOTE: If requi'e~, ,~ ste~da~d FJorida Form 9 ano 8,1 Endorsement VL-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Coreamssion Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Coram/ssion Date Final Form Must be Turned Meet/rig D~les ~n to City Clerk's Office [] July 17,2001 [] August 7.2001 [] AUguSt21, 2001 ] September 4, 2001 NATURE OF AGENDA ITEM July 5,200I'(5:00 p.m.) [] September 19, 2001 September 5. 2001 (5:00 p.m. July t8.200t (5:00 p;m.) [] October 2. 2001 September 20, 2001 (5:00 p.m./ August 8,2001- (5:00,p.m.) August22, 2001 (5:00p.ro.) [] Ad_mini~rative [] Consent Agenda [] Public Hearing [] Bids ] Announcement [] City Manager's Report RECOM1VIENDATION: [] October 16, 2001 [] November 6. 2001 0cto~er 3, 2001 (5:00 p.m.) / Octoler 17, 2001 (5:00p.m.) / [] Development Plans [] New Bnai tess [] Legal [] Un£mish¢ ] Business [] Presenta~ ~n Approve a resolution authorizmg the Mayor to execute an agreement between the City of Boynm x Beach and the School Board of Palm Beach County. Provide one (1) law enforcement officer to be assigned to the PBC School District Police Department to teach the ' aggressors, victims & bystanders ' course at Congress Middle School. EXPLANATION: ~, ~ae con,:act will be from 08-29-01 tlxrough 06-30-02 at Congress Middle School, and other freddie schools if necessary. The hours will be etght (8) hours per day, five (5) days per weekl Exact times shall be determined by the Chief of School Police. PROGRAM IMPACT: This officer will be a temporary assignment to the PBC School Board and will not requke additional hiring on the Cities part. FISCAL IMPACT: . The PBC School District will provide funding up to $54,000 for salary and benefits for this periokt of tma¢ for one (1) police officer: ALTERNATIVES: Deparmaent Head's S~[gnautre ' '-M2ity Manager's Signature Police Department Name City Attome3/d,l~h'a~ce / Human Resources S:kBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION ROi- A RE~0LUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AND PALM BEACH BEACH, ONE (1) LAW TO ~I~H~REAS. the School Distn~ has,instituted the Aggressors, Victims &,Bystanders curriculum in the 6t~_grade in Distdct middle schools; and WHEREAS this curriculum is a violence prevention curriculum that is research based, has an "A" rating from the U.S. Department of Education, and teaches students positive self-regulatory behavior skills; and WHEREAS, the Distdct wishes to expand this curriculum tc the 7t~ and 8t~ grads, and has received federal funding to cover the cost of this expansion; and; WHEREAS, the District and the City of Boynton Beach will enter into a partnership to provide this curriculum to 6t~, 7t~ and 8t~ grade students; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. This Commission does hereby authorize and direct the Mayor and City Clerk to execute an Agreement between the School District of Palm Beach County, and the City of Boynton Beach, setting forth the terms; conditions and obligations of each of the parties, providing for one law enforcement officer.to be assigned to the Palm Beach County School District Police Department for training in and for the purpose of teaching, the 'iAggressors, victims & Bystanders" course at Congress Middle School Section2 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk THE SCHOOL DISTRICT OF PALM BEACH COUNTY fAG~NDA~T~M NU~.'- laO~DM~i~TE: ~ ~ Consultant Corr ract for PurChasing of N/A / / CONTACT PERSON: PX* Professional or Technical,Services PAT VEACH HAIGHT 4 8 4 3 5J THIS CONTRACT is entered into by and between the SCHOOL BOARD OF PALM BEACH COUNTY. FLORIDA. hereinaffe?~-~ referred to as "SCHOOL BOARD" and' CITY OF~ BOYNTON BEACH hereinafter referred to as the "CONSULTANT" for the purpose of purchasing professional or technical services. The contract is entered into as of AUGUS];~29,2001 [Thisist°bethesamedateasB°ard~rSeni°rStaEappr°Val' DateofservicesnoutdnotprecededateofapprovalbySupedntendentorBoard.) The Parties agree ~'f~l~ow~- 1. That the Consultant does agree to perform the following professional or technical services: PROVIDE ONE (1] LAW ENFORCEMENT OFFICER TO BE ASSIGNED TO THE PBC SCHOOL DISTRICT POLICE DEPARTMENT TO TEACH THE 'AGGRESSORS, VICT MS & BYSTANDERSi COURSE PR. IMARIL¥ AT CONGRESS MIDDLE SCHOOL. The services of the Consultant shall be performed on (date, time. location, etc. - this date should not precede the date of approval by ~he;~uper ntendeg~t~or.,Boerd) ROM 08129101THROUGH .891~IO,,r AT CONGRESS MIDDLE SCHOOL. AND OTHER MIDDLE SCHOOLS IF NECESSARY, HOURS WILL BE E GHT (8) HOURS PER ,DAY; FIVE (5) DAYS PER WEEK. EXACT TIMES SHAll BE DbJENMINED BY THE CHIEF OF SCHOOL POLICE, 34 The Social Securffy number of the Consultant: ~--~- ~ T~--~ or The tax identification number is (if appropriate): I- -IlIIIIll It is expressly understood and agreed by the Consultant and the School Board hereto, that the Consultant is acting in the capacity of an Independent Contractor Both parties understand and agree that in no way is the Consultant to be considered employee or agent of the School Board and the Consultant shall not be eligible for any insurance benefits, workers' compensation coverage, or participation in the retirement fund of the School Board. This contract may be canceled by either party upon 30 days' notice in wdting delivered by hand or certified mail to the other party. However. if it is detarmJned by the School Board that the services ara not being performed as agraea upon, the Consultant shall be deemed to be in default, and the School Boar~ reserves the nght to cancel this contract with 5 days' notice served in the manner described above. 6. The School Board shall pay to the Consultant the maximum sum of ___ hours which is based upon the following rate schedule. , for a maximum of Daily Rate: Half Day Rate: Houdy Rate: Flat Rate: I grant permission for any or all parts of this presentation to be videotaped. [] Yes [] No 7. 'P~vel [] is [] is not allowable for this contract. Estimated travel expense is not to exceed 8. The Consultant agraes to submit all necessary documentation and proof of expenses in accordance with F.S. § 112,£ ?' +. ~d School Board Policy # 6.01. Financial Impact The financial impact is The source of funds is FUND Fund Source: ~ (total expenditure ~ and #7). SCHOOL POLICE / COPS-AVB GRANT budget. FUk'CT]01{ OBJECT L0CATIOH PROJECT PROGRAM GL PBSD 1420 (REV. 5/10/2000) Page 1 of 2 9. The Consultant further agrees that reimbursement for travel must be submitted on travel reimbursement forms with the rates determined by F.S. {}112.061 and School Board Policy # 6.01 and must be authorized by the appropriate administrator(s). 10. Consultant Background Information Education: 11. Position and Address: Target Group / School / Department: Approximate Number to be Served: Evaluation / Follow-up Method OFFICERS WILL BE EVALUATED BY A SPECIALIST WHO WILL MAKE PERIODIC VISITS TO CLASSROOM MIDDLE SCHOOL STUDENTS AT CONGRESS MIDDLE & OTHER SCHOOLS PRESENTATIONS. 12. Minority Status The School Distdct strongly encourages active minority/women business enterprise participation with all prcfessional serVices. In accordance with Palm Beach County School Board Poiicy #6.146. I ce~fy that:. This business is minority owned and operated (mmimum 51%) [] Yes [] No If a consultant not representing a firm, I am a minority. [] Yes [] No If either statement above was checked (4) yes, please indicate minodty group. Black or African Amencan ............................ [] Male [] Female Ame/icanlndianorAlaskanNativ~ .......... [] Male r- Fem:'Je Asian ............................................................. [] Male [] Female Disabled ................................................. ! [] Male E Female Native Hawaiian or Other Pacific islander .... [] Male [] Female White Female ........................................... [] HisaanicerLatino .......................................... [] Male [] Female Other 13. This contract shall not be modified or amended except in writing, duly executed by both parties. 14. Consultant shall not assign this contract in whole or in part. without the express written consent of the Board. 15. This contract shall be governed by and construed in accordance with the taws of the State of Flodda and venue shall be in Palm Beach County, Flodda. 16. No other representations or promises shaJl be binding on the parties hereto except those representations or promises contained herein. 17. In the event that any part, term, or provision of this Contract is, m a court of competent jurisdiction, found to be illegal or unenforceable, the validity of the remaining portions and provisions will not be affected, and the dghts and obligations of the ;)arties shall be construed and enforced as if this Contract did not contain the particular part, term, or provisions held to be so invalid. 18~ Should any litigation be commenced in connection with this agreement, the Prevailing Party shall be entitled to reasonable attorney fees and court costs. 19. The parties hereto represent that they have reviewed the agreement and have sought legal advice concerning the legal significance and ramifications of the provisions contained herein. This contract was recommended for approval by: CONSULTANT SIGNATURE OF CONSULTANT DATE THE SCHOOL BOARD OF PALM BEACH COUNTY By: Affest: This form has been approved by the Office of General Counsel for the School Board of Pslrr~ Beach County: DATE PBSD 1420 [REV. 5/10J2000) Page 2 of 2 AGREEMEN~ BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL DISTRICT OF PALM BEACH COUNTY This Agreement made and entered into this day of , 2001, by an~ between the City of Boynton Beach (herei~fter referred to as "Boynt6n") having & prin~il~ie °f-fice~t l& E~tBoynt6n Beact~Boulevard, Florida 33435, and The Schoo} Board of Palm Beach County, Florida (hereinafter referred to as. D~stnc~ );:; ha~mg a ~rmc~ple office at 3330 Forest Hit~.Boulevard; State B- 127, We~t ~Pa~,' :Fl6¥ida'¢ 3406~5869.'~ '.~:~ ~ '~ ~;~: .'~ - WITN~SSETH: Whereas, District has instituted the Aggressors, Victims & Bystanders curriculum in the 6th grade in District middle schools and; Whereas. Aggressors, Victims & Bystanders is a violence prevention curriculum that is research-based, has an "A' rating from the U.S. Department of Education, and tzaches students positive self-regulatory behavior skills and; Whereas, District wishes to expand the Aggressors, Victims & Bystanders curriculum into 7th and 8th grades and; Whereas, District received federal funding to cover the cost of expansion of the Aggressors, Victims & Bystanders to 7th and 8th grades and; Whereas, District worked in partnership with municipal police departments and the Palm Beach County Sheriff's Office to present the Aggressors, Victims & Bystanders curriculum in the 6th grade and these partners wish to assist in the expansion of the Aggressors, Victims & Bystanders curriculum and; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the ~Parties agree as follows: Boynton will [~rovide one (1) police officer to be assigned to a task force under the supervision of the School Police Department for the purpose of teaching Aggressors, Victims & Bystanders in Congress Middle School and other District middle schools, if needed. 2.0. 3.0. 4.0. 6.0. 7.0. District will provide up to $54,000 for sala~ and benefits to Boynton for the services of its' police officer. The assignment of Boynton police officer to the School Police Department will be in accordance with the Palm Beach Coumy La ar Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation M~tual Aid Agreement (Xttachment 1), except as modified in this Agreement. District will train Boynton police offieer to.teach the Aggres gors, Victims & Bystanders curriculum. Boynton police officer shall abide by School Board Polk s, when not in conflict with Boynton Policies. Boynton police officer is not a disciplinarian Any discipline problems Shall be referred to the teacher of t~ e class in whicla the ,Boynton police officer is presenting or to the apt ropriate~ school administrator. District's school police officer is the lead officer for enforce: laws on District property. Should it become necessary fo~ officer to take law enforcement action, he/she shall, as st notify the school center principal and theschool center sch( about the law enforcement action taken. nent of criminal Boynton police ~on as practical, ol police officer In the event the supervising specialist from District'~ School Police Department has reasonable belief that Boynton police officer not effectively performing his/her duties and responsibilities, the specialist may recommend to District?s Chief of Police that Boynton police officer be r~ ;moved from the Task Force, and shall state the reason(s) thereof in writing. Within a reasonable time after receiving the recommendation frm the specialist, District's Chief of Police will advise Boynton's Chief Cf Police of saia recommendation. If Boynton's Chief of Police so desires, ~[ meeting will be scheduled with the Chiefs, Boynton police officer, and the supervising specialist to attempt to mediate or resolve any problems whi :h may exist. If, within a reasonable amount of time after commencement of said meeting, the problem(s) cannot be reSOlved or mediated to the satisfaction of the specialist, or in the event the meeting is not sought by Boynton Chief of Police, then Boynton police officer shall be removed from the TaLk Force and a replacement shall be provided by Boyntom 8.0. Addendum: Any addendum attached hereto and signed by the Parties shall be part of this Agreement. 9.0. The Commencement Date of this Agreement shall be the date shown herein below when the las~ gQ m thisAg:r~e .,me-m has execmed .Same. 10,0: The Agreemen[and all agreements inc0rpomted here shall be goyerned by the laws of the State ,of FlOrida, Should any legal action be required pursuant to t~is Agreement and all agreements inCorporated.herein, venue shall be in Palm/Beaeh'~ounty, FlOrida' , . 11.. Each PT slgmng ,this Agreement on behalf of either party individually , War~ants that he. or she has full legal power to execute this Agreement on 12.0. In connection with any litigation, including appellate proceedings, arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees-. 13.0. Headings herein are for the convenience of reference only and shall not be considered on any interpretation of this Agreement. 14.0. Failure of Boynton or District to insist upon strict performance of any covenant or condition of this Agreement, or to execute any right herein contained shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right by the same shall remain in full force and effect. 15.0. 16.0. It is acknowledged that each party to the Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and accordingly, the nde that a contract shall be interpreted strictly against the party preparing same, shall not apply herein due to the joint contributions of both parties. This Agreement sets forth all the promises, covenants, agreements, conditions; and understandings between!the Parties hereto, and supersedes all prior and contemporaneousagreements, understanding,' inducements or conditions, expressed or Lmplied~ oral or written, except as herein contained. 17.0. This Agreement is intended to be performed in accordance With, and only to the extent permitted by all applicable law~,ordinance, rules igcluding School Board Rules, and regulations of the jurisdiction in whichthe Parties do 18.0. 19.0. business. If any-provision of this Agreement or the applicatic person or circumstance shall, for any reason or to any exte~ unenforceable, the rema'mder of this Agreement and the apt provision to other persons or circumstances shall not be affec rather shall be enforced to the greatest extent permitted by 1. This Agreement is made solely and specifically among and t~ the Parties hereto, and their respective successors and assig: express provisions hereof relat'mg to successors and assign person shall have any rights, interest or claims hereunder or ~ benefits under or on account of this Agreement as a third pa~ otherwise. Term of Agreement: The term of this Agreement is from the date through June 30, 2002. IN WITNESS WHEREOF, this Agreement has been execute this day of ,2001, effective upon the sigr~ below. n thereof to any tt, be invalid or lication of such :ed thereby, but the benefit of subject to the and not other entitled to any beneficiary or .ommencement d by the Parties ~g of the Parties CITY OF BOYNTON BEACH THESCHOOLBOARDOFPALM BEACH COUNTY, FLO~DA Gerald Broening, Mayor Thomas E. Lynch, Chairman Arthur C. Johnson, Ph.D. Superintendent Witness Witness Reviewed and approw legal sufficiency 'A as to form and 4 VL-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEACH AGENDA iTEM REQUEST FORM RJequested City ~omrmss~on Date Final I~orm Must be Turned Meefin~ Dams [] J~l[y 17.200t [] August 7. 2001 ^ugust2] 2001 September 4, 2001 in to City Clerk'sOffice Jul) 5, 2001 (5:00 p.m.) July I8, 2001 (5:00 p.m.) August 8. 2001 15:00 p.m.) August 22~200I (5:00 p.m:) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 200t [] October 16,2001 [] November 6, 2001 Da e Final Form Must be Turned in to City Clerk's Office Sep mber 5. 2001 I5:00 p.m./ Sep mber 20. 2001 (5:00 p.m.) Oct >er3,2001 (5:00p.m.) October 17. 2001 (5:00 p.m. NATURE OF AGENDA ITEM [] Administrative [] Developr~ant Plans [] Consent Agenda [] New Bus'ness [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve a Collective Bargaining Agreement between the 1 the FOP Sergeants for a one year contract, expnSng 9/30/02. EXPLANATION: The FOP Sergeants and the City negotiating team have successfully negotiat{ Bargaining Agreemant, which has been ratified by the Union and is now before the Commission PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature City Attorney Department Name AttomesLf~inanc~ ity of Boynton Beach and d a one year Collective )r rafificatiom Hari1fn Resources SSBULLETINWOILMS~A. GENDA ITEM REQUEST FORM.DOC RESOLUTION R01- A RESOLUTION OF ~HE-CITY COMMISSION OF THE C1T-Y OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA ~THE FRATERNAL ORDgR 0F: ~OLICE ~ SE~::,.$ '~ ~F0R THE PERIOD FROM OCTOB~ ' i; ~ 200i THROUGH SEPTEMBF~R ,30,, 2002, ~ AUTH0~ING AND DIRECTING THE MA¥01~ AND CITY CLERK TO EXECUTE T~ AGRREMENT; ~ piOVlDtNG AN EFFECTIVE DATE. WHEREAS, the City-of Boynton Beach and the~FratemaI Order of, Police - Sergeant's Unit have successfully concluded negotiations for a one year contract; and and WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Agreement and execute the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does tereby ratify the Agreement between the City of Boynton Beach and the Fraternal Order of Police - Sergeant's Unit for the period from October 1, 2001 through September 30, 2002, and authorizing and directing the Mayor and City Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A". Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTE~.~ .. ~?~t.~a,~.of November , 2001. CITY OF BOYNTON BEACH. FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) AGREEMENT BETWEEN CITY OF BOYNTON BEACH, .FLORIDA AND POLICE SERGEANTS FRATERNAL ORDER OF POLICE 2001-2002 TABLE OF CONTENTS _~ticle 1 2 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 Preamble ..................................... Recognition .................................. No Strike or Lock-Out ....................... Non Discrirnination ........................... Dues Deduction ............................... Union Time Pool .............................. FOP Representation ........................... Bulletin Boards .............................. Reproduction ......................... Rights of Law Enforcement Officers Under Investigation ........................ Management Rights ........................... Discipline and Discharge ................... Rate of Pay .................................. On Duty Injuries ............................. Call Back Pay ................................ Stand By Pay ................................. Court Appearances ............................ Bereavement Leave ............................ Sick Leave ................................... Vacation ..................................... Holidays ..................................... Funeral Expenses ............................. Medibal Expenses ............................. Unifomas ..................................... Trairdng .................................... PersOnnel Records ........................... Solicitations ................................ Safety and Health ............................ Use of City Facilities ....................... Hours of Work and Overtime ............ Shift~SeleCtion .............................. Seniority .................................... Transfers and Shift Changes .............. Group Insurance .............................. TuitiDn Reimbursement ...................... Departmental Policies, Rules & Reglalations ...................... Page 1 2 3 5 6 7 8 9 10 I1 12 14 15 17 18 19 20 21 22 24 27 29 30 31 33 34 36 37 38 39 41 42 43 46 47 S:\~\Collective Bargaining\Sgt- FOP\2001 Negotiations\Pi~l Clean Agrl01901.doc 36 37 38 39 40 41 42 43 44 45 Special Details ............................ Grievance and. Arbitration Procedures ........................ Past Practices ............................... Entire Agreement ............................. Personal Vehicles ............................ Qualifications For a Bargaining Unit Position ....... Temporary Assignment ..................... Saxfngs Clause ............................... Chemical Testing ............................. Duration cfi AgreementJSignamres ..... Sig3~amres ..................................... 48 49 55 56 57 58 59 60 S:\CA\Collecgive Bargaining~.Sg=. FOP\2001 Negotiations' Final Clean Agrl01901.doc PREAMBLE Section 1. This agreement is entered into by and between the City of B~ynton Beach. Florida, hereinafter referred to as the "Employer" or "City", and the Florida State Lodge, Fraternal Order of Police, hereinafter referred to as the "FOP" or the "Union". It is the intent and purpose of this Agreement to create a sound and.mutually beneficial working and economic r~lationship between the parties hereto; to provide an orderly, prompt and peaceful means or.resolving disputes involving interpretation or application of this Agreement; and to set forth basic and full agreement between the parties concerning wages, hours, t~xns and conditions of employment. S:\CA\Colleetiv~ Bargaining~S gr. FOPL2001 Negotiati~nskFinal Clean AgrI01901 ~io~ 2:03 PM ARTICLE 1 RECOGNITION Section 1. The City of Boyuton Beach hereby recognizes the FOP as the exclusive collective bargaining agent with respect to wages, hours and other terms and conditions of employment for 'ail employees in the~bargainmg unit. ,Section2:. :: Ttie";bargaining.,~uni~ for which this~ recognition is accorded is as ,defined in ,the eertfficafion g~anted by, the,Public Employees ,l~elations, Commission dated March 18, 1988, and comprises all full, time police' sergeants with the City of Boynton.Beach. Excluded are all other employees of the City. S:\CA\Collective Bargainin~Sgt. FOPX200 l Ne golaalacsas',Final CleanAgr}Ol901 xloc 2:03 PM ARTICLE 2 NO STRIKE OR LOCK-OUT Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of Sergeants from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of Sergeants from the full and faithful performance of their duties of employment with the City, participation in a ~ :liberate and concerted course of conduct which adversely affects the sen'vices of the City, picketi g or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration ~ ,f a collective bargaining agreement. Section 2. Neither the Union, nor any of its officers, agents and mem >ers, nor any employee' organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. Section 3. Each Sergeant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bring about compliance with this Article an~ the strike prohibition in ! Florida Statutes 447.505 and the Constitution of the State of Florida, Article 1. Section 6. Accordingly, the Union, its officers, stewards and other representatives agree that it is theircontinuing obligation and responsibility to maintain compliance with this Article and the law, includi abide by the provisions of this Article and the law by remaining at work durh may be initiated by others; and their responsibility, in event of breach of this employees and upon the request of the City, m encourage and direct employe~ S:\CA\Concetiv~ Bargaining~Sgt FOPS001 Negotiatioas~Final Clean Asr101g01 2:03 PM ~g their responsibility to tg any interruption which aXicle or the law by other s violating this Article or 4 the law to return to work, and to disavow the strike publicly. Section 4. Any or all Sergeants who violate any provisions of the law prohibiting strikes or of ttfis Article may be dismissed or otherwise disciplined by the City, and any such action by the City shatl not be grievable or arbitrable under the provisions of Article 37 - Grievance and Arbitration Procedures. S:\CA\Collecti~ Bargaining~Sg~. FOP~O0 t Negotiaficla$~Final Clean Agrl01901 ~lo~ 2:03 PM ARTICLE 3 NON-DISCRIMINATION Section 1. The City and the Union oppose discriminatory behavior of any r~ Union shall work jointly to eliminate discriminatory conduct in the work place. means words or. actions which~ are derogatory, or insulting and make referen religion or national original. To that end, the City and the Union agree that have an affirmative duty to act against discriminatory behavior when it occurs ir to their attention. Discriminatory conduct by an employee can result in disci including termination. Section 2. Any claim of discrimination by an employee under this Article appropriate governmental agency, but may not be grieved under the Agreement. amre. The City and the Discriminatory conduct :e to age, race, gender, argaining unit members their presence or comes )linary action up to and nay be brought with the' S:\CA\Colleeti~e Bargaining~Sgt. FOPS2001 Ncgoriatims~Final Clean Agrl01901xl~ 2:03 PM 6 ARTICLE 4 DUES DEDUCTION Section 1. Any employee covered by this Agreement may authorize a payroll deduction for the purposes of paying Union dues. Such authorization shall become effective upon acceptance by the City of a fully executed dues deduction form from the employee. Employees who are currently members of the bar~ning:~t~need notexecute, a-new dues authorizafion~ea~d, - :. Section 2. The Union will noti_fy the City as to the mount of dues. Such-notification to the City shall be from anofficial of the Union. Changes in Union membership dues will be certified to the City at least thirty (30) days prior to the effective date of the change. Section 3. Dues will be deducted each pay period and such monies shall be remitted to the Union' treasurer once per month, not later than fourteen days after the end of the month. Section 4. The effective date of deducting dues shall be the beginning of the pay period following the day the dues deduction form is signed. The effective date for stopping dues deduction shall be at the beginning of the pay period thirty (30) days following the date the revocation form is received by the City. Section 5. The Union will indemnify and hold harmless the City against any claims brought against the City based on payroll deductions of dues as provided in this Article. S:\CA\Colleetix~ BargainingxSgt. FOPk2001 NegotiatimsWinal Clean Agrl01901.doe 2:03 PM ARTICLE 5 UNION TIME POOL Section 1. The City shall allow employees to donate time for the creauon of a time pool for utilization of designated union representatives for the conduct of union business within and outside of the City. Use of time pool time may be denied if it will result in the City ~ncurnng overtime payments. Time pool activities shall be ~ted to activity by union representatives for the following: A. To assist an employee who is required to appear at a hearing related to a grievance; B.. To assist an employee who is presenting or responding to a grievance; investigation; C. The employee~ is Subject to interrogation in conJtmction with an internal affairs D. To assist an employee who is attending a predetermination hearing. E. Attendance at collective bargaining sessions as a team representative. Secfi_on 2__ In addition, members of the bargaining unit may donate in two (2) hour increments (on a form designated by the City), not to exceed eight (8) hours each per year of vacation time to be used toward the Union Time Pool. Section 3. Union representatives shall be released from duty upon r~asonable notice to the Department and upon the approval of the division or bureau commander or lieutenant. If the needs of the Department do not permit the release of a particular employee as requested, the release of an alternative member during the desired time shall be provided. S \CA\Collecti~ Bargmning~g~ FOPX2001 Ncgotiaticns~Final Clean Agrl01901 doc 2:03 PM 8 ARTICLE 6 FOP REPRESENTATION Section 1. Neither party in negotiations shall'have any control over fil~ selection of the negotiating or bargaining repreSentatiVes of the other party. The parties shall, ar their first bargaining session, exchange a list o£bargaining team members. Section2. The City ~all~: ~eco~gniz~'up to two (2) FOP 'represeatatiVes"'i ~'6r-~t~e purpose~ of barg;~ining and any bhrgainirig team iriembers shall be permitted to attend-bargaining'sessions which may occur during their regula/'-tours of duty withoUt anY .loss of pay but file ~fiine for more than two (2) represematives will be charged to the Union' Time Pool.' The City shall not be required to provide overtime to any employee attending negotiations. Section 3. The parties agree that file' FOP may establish a system Of stewards providing for a chief steward and an individual steward on each shift and division represented by the bargaining unit. Stewards on duty shall be permitted reasonable release time with pay upon approval of file division or bureau commander or lieutenant for the purpose of processing any individual grievance or assisting employees at investigatory or disciplinary, interviews. Section 4. When acting in their capacity as FOP representatives within the Depmhnent and not on behalf of themselves, employees shall not be obligated to observe the Departmental chain of command. A representative may not refer an issue outside of the department without first presenting it to a senior staff officer. This shall not relieve employees fi'om observing the Departmental chain of command except for receaving approval of release time with regard to their duty-related activities, notwithstanding their position as an FOP representative. S:\CA\Collecti~ Bargaining~Sgt. FOPk2001 NegotiaticnsWinal Clean Agr 101901 aec 2:03 PM ARTICLE 7 BULLETIN BOARDS Section 1. The Union shall be provided with the use of a Sergeant's Union bulletin board space 'at one (1) location in the police building. Section 2. The Union agrees that it shall Use the space on the bulletin board~ only for the purposes of posting notices of Union meetings; notices and results of Union elections; reports of Union comnuttees: rulings or policies of the Union; recreational and social affairs of the Union, and notices by public bodies. S:\CA\Coll¢cti~ Bargaining, Sgt. FOPS2001 Negofiat~m$~Final Clean Agr101901 Ao~ 2:03 PM ARTICLE 8 lO Section i. The parties agree that all bargaining unit members covered by this Agreement shall be provided one (1) copy of this Agreement by the City at no cost to the bargaining unit member. Section 2~ ~The City ~witl post theA~;~em~ 99 t~e City~,s ,,shared dri~re S:\CA\Collecti~ Bargainin~ggt. FOPS2001 Negotiatians~Final Clean AgrlO1901 xl~ 2:03 PM II _ad/TICLE 9 RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION 1 The City ~of Boynmn Beach a~ees that all rights of Law Enforcement OffiCers under investiganon detailed and granted by Florida Statutes, Section [ 12.532, 112.532, AND 1 [2.435 will be observed and practiced. S:\CA\Collccfi~ Bargaining~S g. FOPS2001 Ncgouautxns~Final Clean AErI01901 Aoc 2:03 PM 12 ARTICLE 10 MANAGEMENT RIGHTS Section 1. The Union r~e~ognizes' that the City has the exclusive fight to manage and direct the Police Department. Specifically, but not by way of limitation, the City retains the exclusive right to: A. Hire, promote, and lay off employees in accordance with the City of Boynton Beach Personnel Policy Manual. B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another. D. Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. F. Schedule and change the work to be performed by employees. G. Formulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement. H. Introduce new services, procedures, materials, facilities and equipment. I. Mandate physical, medical, and drug testing in accordance with law. The City agrees to use State Certified Laboratories for ali drug testing. J. Determine and change the equipment and materials provided to or not provided to employees. K. Add to or change the qualifications necessary for any job classification. L. Create, alter or disband any units based upon the needs of the Department as determined by the Police Chief. If the City fails to exercise any one or more of the above functions from time to time it shall not be S:\CA\Collecti~e BargainingkS g~. FOPS2001 Ncgotiatims~Final Clean Agrl01901 de~ 2:03 PM 13 deemed a waiver of the City's right To exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section2. In the event of any change over which the City may have an Obligation to bargaLn concerning an ~mpact of the change, the change may be implemented prior to resolution of the impact bargaining. S:\CA\Collective Barga n ng~Sgt FOPS2001 Negotiations~inal Clean Agrl01901 ~loc 2:03 PM 14 ARTICLE 11 DISCIPLINE AND DISCHARGE Section 1. Employees may be disciplined only for just cause. No employee shall be disciplined without notice 0fthe charges setting forth the basis for such discipline. Section 2. Employees shall have the oppommity to appeal disciplinary action in the manner set forth in Article 37 of this Agreement~ Section 3. The parties recognize that timeliness of disciplinary action is an essential element of due process. Accordingly, it is incumbent upon the Police Ch/cf to make a recommendation to the City Manager for discipline within ten (10) days of the Police Chef's conclusion of the investigation. S:\CA\Collecti~ Bargaining~Sgt. FOPS2001 Ne~tiationsheinal Clean Agrl0lg01 doe 2:03 PM Section 1 additional 10% for hazardous duty when said team is actually called to dut, Intelligence. Narcotics Units and Directed Patrol who are active shall receive employee shall receive more than one assignment pay. Section 2. Effective October 1, 2001 and payable the first pay period loll £5 ARTICLE 12 RATE OF PAY Those employees who are selected members of the SRT team shall be compensated an Members of the Vice, 5% pay supplement. No )wing ratification of this Agreement and for the term of this Agreement each bargmning unit member who received an annual evaluation score which "meets expectations" will receive a 6% base wage a~ astment. Members who receive a performance evaluation score which "exceeds expectation" will :eive an additional 1% added to base (6%+1%). Members who receive a performance evaluation s~ )re of "outstanding" will receive an additional 2% added to base (6%+2%). "Base" means the base armu al salary the member was receiving on 9/30/01. Each bargaining trait member assigned to the 11.5 hour shift will receix e a 8.5% assignment pay for hours actually worked on the l 1.5 shift. Section The minimum salary, for the position covered by this agreement as follows: 10/1/01-9/30/02 $45,600 Section 3. The top out pay (maximum base annual salary) for the position during the term of this agreement is not capped. S:\CA\Collecti~e Bar~ainingkSgt. FOPS001 NegotiatimskFinal Clean Agrl01901 lloc 2:03 PM during term of agreement overed by this agreement 16 Section 4. When a Sergeant position vacancy is filled by lateral hire 15om another agency, the salary for the new hire shall be based on a recommendation by the Police Chief and established by the City Manager, in consultation with the Human Resource Director, taking into consideration the needs of the department and the experience of the new hire but, shall be within the minimum and maximum salaries set forth above. S:\CA\Coll¢¢tive Bargaining~Sgt. FOPk2001 NegotiationsXFinal Clean Agrl01901 ~lcc 2:03 PM 17 ARTICLE 13 ON-DUTY INJURIES Section 1_~____~. When~ an employee is totally disabled fi.om duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Worker~' Compensation Act, the employee shall be entitled to full regulax pay. If the period of disability is greater than seven (7)calendar days, the employee wilt be eligible to receive a sum of money up to an amount equal to the difference between his/her home pay. Section 2. Workers' Compensation check an If the period of disability as greater than 180 days, the City m,' Board to review said employee's disability case for retirement due to disability. Section 3. Following three hundred sixty (360) days loss of duty due to a the City shall be authorized to dismiss the employee for physical inabilit amployee's classification, Section 4. line of duty. his/her normal net take ask the Police Pension .a'vice-connected injury, to perform within the The City shall attempt to provide light duty police work for employees disabled in the S:\CA\Collecfive Bargaining',Sgt. FOP~O01 Negofi att(ms\Final Clean AgrlO1901 dec 2:03 PM 18 ARTICLE 14 CALL-BACK PAY Secuon 1. In the event that~ sergeant is reCall~d to duty anytime outside of his/her regutar working hours, the employee shall be compensated for the actual time worked but in no event less than three (3) hours at time and one-hal£(1 1 2) the employee's regular rate of pay. Section 2~ The: Department shall develop a call-back p ol/,ey WhichShall include the following restrictions: a. No member shall be eligible for call-back at the end of an 11.5 hours shift; b. No member shall be called back if the call-back shift will be immediately followed by an 11.5 hour shift; c. The principles of seniority shall be followed for call-back; d. No employee shall work more than 16 hours in any 24 hour period, absent a designated emergency. S:~CA~Zollective Bargaining6Sgt. FOPS2001 NegotiatienskFinal Clean A8II0t901 2:03 PM 19 ARTICLE 15 STAND-BY PAY Section'l. Employees directed to be on stand-by status must be able to respond to a specified location on duty within one (1) hour and shall be compensated at a minimum of one hour at time and one-half (I 1/2) the employee's regular rate of pay for the first hour and one-half (1/2) the employee's regular~rateofpay for all remaining hours. Section 2. In the event the unit member responds to a specified location for~ duty, this section would / not apply and Article 14, Call-Back Pay, would prevail. Therefore, Stand-ByPay will only be granted if the unit member is on stand-by status and not called to duty. S:\CA\Colleeti~e Bargmning'Sgt- FOP~200I NegotiatimsXFinal Clean Agrl01901 xloc 2:03 PM 20 ARTICLE 16 COURT APPEARANCES Section 1. When reqnired to respond to court; deposition, subpoena, or any other judicial or administrative proceeding arising out of a member's duty as a police officer; and not involving the officer as a plaintiff or whose interestSs affected by the plaintiff, the employee Shall be paid a minimum of three (3) hours per day at time and one-half (t 1/2) the employee':s.;regu)ar .rate:of~pa35:;unlcss such court appearance ocmms~d.udng, ~lxe emplcyyee'sregular working hours.. ~ Section2. · If court appearance is contiguous with~the~endofthe employee's shift, court time shall be compensated as .any other over time assignment. 2:03 PM 21 ARTICLE 17 BEREAVEMENT LEAVE Section 1 In'the even! of the death of the parent, foster parent, sibling, spouse, child, grandparent, _ grandchild, mother or father-in-law,- sister or brother-in-law, grandparents oI spouse, domestic life partner, and any permanent family member of the household such employee shall be entitled to paid compassionate:leave not to-eXceed three (3) consecutive calendar days for any c ne death. However, if it is necessary for the employee to, leave the State of Florida in connection with the funeral of the deceased; five (5) days compassionate leave shall be allowed. Additional leave ~ nay be authorized by the Chief or his/her designee on a case-by-case basis, except that such addition, leave shall be debited against the employee's accrued sick or annual leave. Section 2. Employees must verify, in writing attendance at an out-of-stat~ funeral in writing in order to be eligible for benefits under:this Article. The City Manager may grmat additional leave under this Section. S:\CA\Colleefive Bargaining~Sgt. FOPX2.001 Negotialicns~Final Clean Agrl01901 xtoe 2:03 PM 22 ARTICLE 18 SICKLEAVE. Section L Sick leave is earned and accrued on an hourly basis; Employees shall earn ninety-SlX (96) hours of sick leave per year at the rate of eight (8) hours per month. ,Use of sick leave will be charged ' against a member's bank of accrued time on an hour for hour basis. The use of sick leave shall be in accordance with'the, ~ity of BOynton Beach Personnel Policy, Manual ~tx)n retirement or separation of service with: the City of Boynton,Beach, all accrued sick leave will be,paid out, a~the rate of..50% . Employees who have more than one-hundred-twenty (120) hours of sick leave as o~'October 1, of any contract year, may convert 50% of the excess over one hundred twenty (120) hours to acash straight time payment not to exceed one hundred (100) hours in the contract year. Those hours over one hundred' twenty (120) hours not converted in this contract year may be converted in the next contract year. Section 2. It shall;be the policy of the City to permit an employee the oppommity to donate accrued sick leave time to a designated employee, provided the contributing employee has at least 120 hours accrued sick leave, whenever extraordinary circumstances require the designated employee to be absent fi.om work for a lengthy period of time, and when the employee has exhausted all accrued sick leave and annual leave m the equivalent of his/her current annual earned vacation rate. Extraordinary ctrcumstances shall be defined as lengthy hospitalization, critical illness, or injury. When there appears to be a need to share sick leave in accordance with this Article, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hoars, continuing through the Finance Department that the hours are available. Such list shall be submitted to the Payroll Administrator for proper charge to sick leave records. The time charged will be used in the order listed on the appropriate S:\CA\Collccti'~ Bargaininl~Sgt. FOPk2001 Negotiaticrtsh~inal Clean Agrl01901 2:03 PM form supplied by the Union Steward. Section 4. Sick leave use for medical appointment 23 must be scheduled more than 48 hours in advance and cannot be changed by the Department except in the evem of a clear need by the Department. Section 5. Division Commander informing the member of the reasons and allowing them the situation. If after counseling a problem continues, the member will be notit on restricted sick leave. A member will be on resmcted sick leave for a peri, the end of six months, the member will be advised in writing if the Department restricted sick leave. Section 6. At the employee's option, provided the contributing employee accrued sick leave, the employee may convert sick time to vacation time not tc to be transacted on the first month of the calendar year. Section 7. Each bargaining unit member covered by this agreement is eligible 1 of additional leave for continuous attendance at work at the completion of eac[ bargaining unit member has not used sick leave during the previous quarter, No member shall be placed on restricted sick leave prior to being counseled by the ua opportunity to explain ~d in writing and placed I of six (6) months. At intends on extending the as at least 120 hours of exceed forty (40) hours, ~ receive eight (8) hours calendar quarter that the tor has been absent from work or on leave, other than those paid leave categories recognized in this doc~nnent. Bonus days shall 1 be counted as vacation leave and subject to the provisions set forth for use of vacation. S:\CA\Collecti',~ Bargaining~Sg~. FOPS2001 Negofiatims~Finai Clean Agrl0lgO1 2:03 PM 24 ARTICLE 19 VACATION Section 1. Vacation is earned and accrued on an hourly basis. Each full time employee shall earn vacation leave at the rates shown in the schedules outlined below. Use of vacation leave wilt be charged against a member's bank of accrued time on an hour for hour basis. The number of hours credited per year wilI not-increase after the'20th year of se~ice-unless:the schedu!.~e~'ts~amended. A~barg~ming umt member shall, upon termination of employment with the City,.be paid for unused accumulated vacation leave. For those bargaining unit members,kired prior to 10/1/91: Years of Service Vacation Horn Per Year 1 96 2 - 3 120 4 128 5 136 6 144 7 152 8 160 9 168 10- 15 176 16 - 20 192 21+ 200 S:\CA\Collective Bargainin~Sgt. FOPS2001 Negofiafioas~Final Clean Agrl01901 ~loe 2:03 PM For those bargaining unit members hired after 10/1/91: Years of Service 1 Year 2 years but tess than 5 5 years but tess than 10 I0 years 10 years but less than 20 Vacation Hours 25 48 96 120 136 160 Employees may accrue vacation leave m a maximum of the level earned in the most recent two employment years. However, any amount over the allowable maximum that has not been used during that fiscal year (October 1 - September 30) will be forfeited as of September 30. Section 2. Seniority will prevail in the granting of vacations. Section 3. Vacation requests may be submitted from forty eight (48) hot rs to thirty (30) days in advance. In the event of dual requests for vacation dates, the senior member's request shall prevail if it was submitted twenty one (21) days prior to the date or dates requested. Vacations of three (3) consecutive shifts or less may be made within twenty-four (24) hours advance notice, provided that the City incurs no overtime in the granting of such request. Section 4. Requests for emergency vacation leave shall be individually c( nsidered by the Chief of Police. Section_ 5_. No member shall be denied vacation nor shall vacation pri~leges be suspended or canceled except as specifically set forth in this Agreement or in time of declared emergency, as defined in this Agreement. 2:03 PM 26 Section 6. All sergeants shall receive, ~n addition to the existing vacation accruals. 60 hours of persona] time which may be used in four hour increments (non-accumulative and cannot create an overtime situation). Denial of a request for usage is not grie~able. S:\CA\Collectix~ Bargaining~Sg~. FOPS2001 Negotiaticns~Final Clean Agr 101901 ~loc 2:03 PM 27 ARTICLE 20 HOLIDAYS Section 1. Holidays will be in accordance with the City of Boynton Beach Personnel Policy Manual. Section 2. Employees shall be paid for legal holidays, Those employees who work on a holiday shall also be at time and one-half rate. Those employees who are scheduled off for the holiday wilI be paid at straight time. Employees must work their regular work days immediately before the after the ~oliday in order to receive 1 pay for the holiday or be in an authorized with pay status immediately before and after the holiday. A. Holiday Conversion. Under tiffs Article a member may elect not m receive holiday pay' as outlined in Section 2 above, but instead to have the equivalent straight time holiday hours added as a lump sum to their accrued vacation balance. B. Members who sign up for this section must do so between October 1st and October 31st of each contract year with the Bureau of Administration. C. Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. D. Members whose regular days off are on a holiday will receive their normal weekly pay. ! E. Members leaving the service who participated will owe the Cie for those holidays they were not on the payroll either through loss of vacation credits or deduction from funds due from the City. F. Members may elect to take the holiday off and at their option deduct eight (8) hours S:\CA\Collectix~ Bargaininb~Sg~. FOPS2001 Ne gotiatiaqs~Final Clean Agrl01901 ~loc 2:03 PM Section 3. 28 vacation or take the holiday off without pay. S:\CA\Collecti~ Bar gainingkggt. FOPS2001 NegouaumskFinal Clean Agrl0190l ~loc 2:03 PM 29 ARTICLE 21 FUNERAL EXPENSES Section 1. The City will make a payment not to exceed $5,000 for fimeral ~osts to thc beneficiary of bargaining unit employees killed in the tine of duty. Section 2. All employees shall, on a form to be supplied by t,h_e Human P, egource Director or his/her 1 designee, designate by name and address, the individual to whom such funds are to be paid. 30 ARTICLE 22 MEDICAL EXPENSES Section 1 Members will receive and shall be obliged to take an annual electro-cardiogram and physical examinations by licensed physician approved by the City. Scheduling shah be at the discretion of the Deparunent and the results will become part ,of the employee's permanent record, Said medical records shall:be exempt from, public ,inspection; as provided by Chapter it 19; .Florid~ S~atutes..Tt~e City shall bear thecost of the,examination, Section 2. Any condition of disability resulting from Hepatitis, Acquired Immune Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex I, established to have been occurred in the line of duty shall be covered the same as any other duty injury. Section 3. Beginning at the age of 30 and every other year thereafter, bargaimng unit members shall be provided a twelve lead EKG and cardiac stress test to be paid for by the City and to be performed at a City designated medical facility, A hepatitis "B" vaccine series shall also be offered by the City to all bargaining unit members at ne cost to the member. Section 4. The City shall bear the costs involving lead testing for the Range Instructor(s). Section 5. At the members discretion he/she may request an AIDS and/or Hepatitis screen at the time of his/her annual physical. The cost to be paid for by the City. The results of the AIDS test shall remain confidential. S:\CA\Collecti~e Bargaining~gt. FOPS200 l Ncgotiatial$~Final C lean Agrl01901 xloc 2:03 PM 31 ARTICLE 23 UNIFORMS Section I. The City will supply those parts of the uniform that the City reqmres police sergeants to wear on duty. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Chief of Police, and if adequate funds are available in the City's budget. Section 2. Effective on the date of the approval of this Agreement, sergeants who are members of the bargaining unit and assigned to plain clothes duty will receive a maximum~f $I,000.00 per contract 1 year, paid in $250 installments at the end of each quarter and pro-rated as a~propriate when assigned 1 during each quarter to plain clothes duty. This allowance shall commence from the date of assignment' on a pro-rate basis. Section 3. Sergeants assigned to plain clothes duty for more than three 3) months at a time will receive a clothing allowance in accordance with the above for the three t) months and pro-rated thereafter. Section 4. The City will bear the cost of cleaning ten (10) issued unifor ~ pieces per week for the contract year. The City shall designate the ordy approved dry cleaning est~ blishment. Plain clothes Sergeants shall be given a cash cleaning supplement reasonably equivalent to that of the uniformed sergeant. This will be paid at the end of each quarter of the contract ye~ r. This allowance shall commence from the date of assignment on a pro-rated basis. Section 5. Sergeants assigned to plain clothes duty for more than three (3) months at a time will, for that three months period, be given a cash cleaning supplement equivalent te that given sergeants and S :\CA\Collective BargainingKS gL FOPL2001 Negotiatiols~Final Clean Agtl 01901Aoc 2:03 PM 32 pro-rated thereafter. These payments for sergeants assigned to plain clothes duty will substitute for the normal cleaning allowance for sergeants. S:\CA\Collecti,e Bargaining~Sgt. FOP~2001 NcgouaumskFinal Clean AgrlOlgOl ~ec 2:03 PM 33 ARTICLE 24 TRAINING Section 1. All trmning required of the sergeant by the Police Department when off duty shall be compensated at the rate of time and one-half (1 1/2) the employee's regular n seminars, conferences, schools and special programs. Section 2. The Police Chief will decide on the Department's training pi judgment of the needs and requirements and potential for each member of the D, te of pay, not including ~gram according to his :partment. S:\CA\Collecti-,e Bargaining~Sgt. FOPX2001 Negotiaticns~Final Clean Agrl01901 ~ioc 2:03 PM 34 ARTICLE 25 PERSONNEL RECORDS Section 1 A!I personnel records shall be maintained within the limits of and in accordance with the provisions of the. Public Recgrds Law Section 2. Consistent with State law, the City agrees that upon request, a member shall have the right to insgect~his or her own personn~el records whenever or however kept. The member shall have the right to mak~e 4uplica~ c~pics of his~ Or her owa records at no expense to the member.~ N~ re~rdls~all be hidden from a member's inspection and members shall have the right to allow anyone Of Es or her choosing to inspect the personnel records with written authorization. Members shall have the right to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an. employee within the provisaons of the Public Records Law. Section 3. A personnel file for all bargaining unit employees is maintained by the City Human Resources Department. The City will purge these files of disciplinary actions in accord with the appropriate Florida State Statute. The purging will take place when the Human Resources Department notes that it is time for a record to be purged or when an employee, in writing brings the matter to the attention of the Human Resources Director. An employee may request, in writing, that specific items be added to his/her Personnel file. Section 4. All citizen complaint files and Internal Affairs investigations will be governed by Florida State Statutes and the Public Records destruction guidelines. Section 5. All bargaining unit members covered by this Agreement must be notified in writing (E-mail is acceptable notification) when someone other than a City employee requests to review the bargaining S:\CA\Cotlective Bargaining~Sgt. FOPk2001 Negouaticns~Final Clean AgxlOIgO1 2:03 PM unit members' personnel/LA, file. S:\CA\C olle¢live Bargaining~Sgt. FOPk2001 Negotiati~sWinaI Clean Agrl01901 ~l~c 2:03 PM 36 ARTICLE 26 SOLICITATIONS No member shall be fomed to attend or participate in sohcitations for monies, membership or sales by any outside group (charities. insurance companies, religious organizations, etc.) while on duty or at roil call. S:\CA\Cotlgcti~ Bargaininl~Sgt. FOPS2001 Negotiatitn$~Final Clean Agr 101901 doc 2:03 PM 37 ARTICLE 27 SAFETY AND HEALTH Section 1. The City agrees that it will conform to all State and Federal laws concermng safety, health, sanitation and working conditions, when said laws are specifically applicable to public employees. Section 2. Protective devices, wearing apparel and other equipment neceslary to protect employees 1 from injury shall be provided and maintained in proper working condition bythe City at no cost to the employee. S:\CA\Collective Bargaining, Sgt. FOPX2001 Negotiafiaas~Final Clean Agrl0lg01 xlec 2:03 PM ARTICLE 28 USE OF CITY FACILITIES The FOP shall be entitled to the use of City facilities to conduct Union business at the same cost assessed to other ~roups., S:\CA\ColIecfiw~ Bargainin~Sg~. FOPk2001 Ncg~tiations~Final Clean Agr 101901 ~loc 2:03 PM 39 ARTICLE 29 HOURS OF W'ORK AND OVERTIME Section k The normal hours of work for bargaining unit members not assigned~o the 11.5 hour day shall be five (5) days per week at eight (8) hours per day, or four (4) days per week ali ten! (10) hours per da~. For those members assigned to an 11.5-hour day, the normal work period is a twenty-eight day, one-hundred-seventy one hour work cycle. Time-and-one-half paid for all hours above 171 hours actually worked in that cycle. For the purpose of calculating hours worked for overtime purposes, only the following categories of leave shall be treated as hours worked: A. Vacation time B. Hours actually worked C. Section 2. No work schedule, days off, hours of work, etc., shall be changed primarily for the purpose of avoiding the payment of overtime. Section 3. No person shall be required to work more than sixteen (16) hoers at one (1) time, except in a declared emergency. For the purposes of this section and this agreement, an emergency shall be a natural disaster, (flood, hurricane, etc.) or man-made disaster (riot, mass [vil unrest, etc.) or other incident which directly threatens the health and safety of the citizens of Boyn~ n Beach. Section 4. Any employee who works in excess of the normal work day ~r the normal work week shall be entitled to pay, for those hours in excess of the normal work day or th{ normal work week, at the rate of time and one-half (1 1/2) the employee's regular rate of pay. S:\CA\Collective Bargaining~Sgt. FOPS2001 Nego~ations~Final Cleam Agrl 01901 ~loc 2:03 PM 40 Section 5. One Sergeant per shift per day will serve in the capacity of Administrative Sergeant and shall be entitled to receive 15 minutes of overtime.pay for performance of tasks generic to their position such as organization, shift preparation ~and revie~v:ofsubordina[es ~vork. S:\CA\Collecfi~ Bargaining~Sgt. FOPk2001 Negofiations~Final Clean Agrl~1901 xloc 2:03 PM Section 1. persons assigned to each shift and division within the Department. Section 2. The City may designate the number of slots assigned to each shift. 41 ARTICLE 30 SHIF'r SELECTION The Chief of Police or his/her designee shall have discretion to determine the number of Thereafter the employees shall choose slots by seniority. The Departmem shall have discrelion to change the junior sergeant for training purposes. The right to select shift shall not apply~to probationary sergeants. Section 3. For the purposes of shift selection only, at the scheduled shift plck Acting Sergeants with six (6) months or more experience in the position of Acting Sergeant shall be considered in the pick as Junior Sergeant and shall fall in the shif~ pick accordingly. S:\CA\Collecti~e Bargaininb, kggL FOPS001 NegofiatiolsWinal Clean Ay 101901 floc 2:03 PM 42 ARTICLE 31 SENIORITY Section 1. Seniority shall be computed from the c~ate of promotion to sergeant: .'If two (2) sergeants have the same date of promotion, the date of initial appointment to the service of the City as a polide officer shall be the determining factor. SeatiOn2,:~,~': S~ni0rityshallac~umu}ate-dudng:atl authorized.leaVes, · Section 3. · -Seniority shall-be the determinnig factor for the selectiOn of vacations and overtime assignments. Section 4. The City shall have the fight to determine the nUmber of sergeants assigned to each division and each shift. Section 5. For lay-offs and other non-disciplinary reductions in personnel, Senior Classes will' displace Junior Classes. An example would be: if a police sergeant's position is to be abolished, the incUmbent with the least seniority in the position of sergeant would displace a Police Detective, who would displace a Police Officer, who would displace any probationary or provisional or temporary, or be separated as the case may require. S:\CA\CollecfiYe Bargaining~Sgt. FOPS2001 NegotiaticnsXFinal CIcan Agrl01901 doc 2:03 PM ARTICLE 32 TRANSFERS AND SHIFt CHANGES Section 1. No member shall be transferred nor have his/her skifi or sch¢ days off, without forty-eight (48) huurs notice, except in time of emergency, as Agreement. If a member suffers a transfer or shift change, as defined in this eight (48) hours notice and w~thout the consent of the employee, all time ~ assignedshif~ or workday shall be at the overtime rate. Section 2. Members may request to exchange shifts, provided that the exc members supervisor. Such approval shall not be unreasonably withheld. The C to pay overtime to accommodate the exchange. 43 [ule changed, including Isewhere defined in this greement, without forty- )rked on the first newly ~ange is approved by the shall not be obligated S:\CA\Coile¢five BargainingxSgt. FOPS2001 Ncgotiatia~Final Clean Agrl01901~loc 2:03 PM 44 ARTICLE 33 GROUP INSURANCE Section 1. The City'shall pay the premium for a Fifty Thousand Dollar ($50,000.00) life insurance policy to all bargaining unit members at no expense to the employee. The po}icy shall bear a double indemnify provision for death occurring in the line of duty: This shall be in addition to any other benefits m~l,Uired~by. S~ate~or. Federal law, Section 2. The City shall pay for one hundred percent (100%) of the cost 0I~individual coverage in a group: health insurance policy for members of the bargaining, mt. Section 3. The selection of a carrier or carriers to provide health and dental insurance coverage is a managerial function reserved solely to the City. The City will use its best efforts to maintain health and' dental coverage which is substantially equivalent to the coverage in effect on the date of ratification of this Agreement. Reductions in coverage are permissible and do not constitute a unilateral change of benefits under this Collective Bargaining Agreement, provided, in the event the total health and dental insurance benefit package is altered in a manner which increases either a bargaimng unit members' annual deductible by more than five (5%) percent over the deductible current at time of ratification or an itemized co-payment by more than 25%, the union may reopen negotiations of this Article, by making written request to the City Manager. The review and selection of insurance coverage shall be made on an annual basis by the City. To that end, the City has formed an insurance committee comprised of an equal number of non-represented members who are appointed by the City Manager and two members from each of the City's bargaining units. Bargaining unit representatives shall be designated by the Union. The committee shall meet annually in sufficient advance of the annual insurance benefit renewal S:\CA\ColIecfi'~ Bargaining~S gr. FOPS2001 Negotiatials~Final Clean Agrl01 ~)1 2:03 PM 45 as to have meaningful input in that process. The final decision regarding selection of coverage is reserved to the City, but the City shall strongly consider input and recommendations from the insurance committee. 46 ARTICLE 34 TUITION REIMBURSEMENT Section 1. The City shall provide an incentive in the form of paid tuition and books for members who choose to attend an accredited college or university. Section 2. The member shall initially pa)' and be reimbursed by the City upon presentation of documented completion of the course. College and/or University program must be initially approved by the City Manager. Section 3. Members attaining a grade of "A" or "B" shall be reimbursed for 100% of the cost of a course. Members attaimng a grade of "C" shall be reimbursed for 50% of the cost of a course. In the' event that a course is a mandatory pass/fail course, a grade of passing shall be treated as a satisfactory grade and will be reimbursed for 100% of the cost of the course. Employees shall receive no compensation for grades below a "C". Section 4. Courses must lead to a degree in the fields of law enforcement, criminal justice, public administration, or any other similar police profession discipline that may, in the opinion and with the approval of the City Manager enhance the member's performance as a law enforcement officer. S:kCA\Collecti~e Bargaining, kSgt. FOPS2001 Ncgotiatilm$ Final Clean Agr I 01901 doc 2:26 PM 47 ARTICLE 35 DEPARTMENTAL POLICIES, RULES AND REGULA' Section 1. It'is agreed and .understood that'the Police Department currentl regulations governing employment. The formulation, amendment, revision an role shall not be arbitrary or capricious. In the event of a conflict betwee provisions of this Agreement, the Agreement shall control Section 2. In the event the City wishes to amend, revise or implement any ~ (10) days notice to the Union. IONS lhas policies, rules and t implementation of any the rules and specific ew rule, it shall give ten S:\CA\Collective Bargaining~Sgt. FOPk2001 NegotiatimskFinal Clean Agrl01901~loc 2:26 PM 48 ARTICLE 36 SPECIAL DETAILS Section 1. Off-duty police cmploymen~ shall be defined as any potice-relat~ed duty that is performed or administered by a sworn employee which is paid for-by a private entity, ,through the City of Boymon Beach, Section 2. When City facilities are used by other agencies Or persons; any desired:, security arrangements shall be atthe option~of the user. If the.user-and/or the City determines that cerdfied police officers are to be required at any public event, only Boynton Beach Police Department:personnel shall be used. S:\CA\Colleefive Bargainin~Sgt. FOPS2001 Negofiafims~Final Clean Agrl0190l xloc 2:26 PM ARTICLE 37 GRIEVANCE AND ARBITRATION PROCEDURES Section 1. A grievance is defined as a dispute involving the interpretati{ Collective Bargaining Agreement. Section 2. A dispute over disciplinary action is not a grievance, but shall b of disciplinary action. The process for handling appeals of disciplinary act Article. Section 3. The parties are committed to resolving grievances in a timely fa grievance not submitted or advanced by the grieving party in accordance with below will be considered abandoned. Any grievance not answered by the City forth below will automatically advance to the next step of the grievance procedu By way of example: When a grievance ~s advanced to the Polic~ January 1s~, the Police Chief must respond by January 21~t. If Chief responds to the Grievant on January the 3rd, and the Grie~ satisfied with the Chief's determination, the Grievant has ten from January 3rd to request appointment of an arbitrator. If Chief fails to respond by January 21s~, the Grievant has ten (10) January 21st to request appointment of an arbitrator. Section 4. A grievance must be filed within ten (10) days of the first occu give rise to the dispute. Grievances shall be presented in the following manner: S:\CA\Collective Bargainin g~Sgt. FOPk2001 Negotiatic~skFinal Clean Agrl01901 ~lcc 2:26 PM 49 ,n or application of the referred to as an appeal )n are set forth in this hion. Accordingly, any ~he time limits set forth ~ithin the time limits set- Chief on he Police · ant is not (10) days he Police :lays from 'ence of the event which 50 Step 1. A grievance must be filed on aform approved by the City within ten (10) calendar days as set forth in Section 4 above. The grievance must make specific reference to the Article 'and Section of the Agreement in dispute, set forth detailed facts explaining how the Article and Section has been misapplied by the City, and state the relief sought by the grievant.' The grievance form shall be filed with the grievam's immediate supervisor. In the ease'of~Clas~grievanc¢,filed'by the'Union, the-grievance form:shall~be filed with the Police Chief. Step 2:The immediate supervisor shall review the grievance and make a written recommendation for disposition of the grievance to the Police Chief within five (5) days of receipt of the grievance. Step 3. The Police Chief shall review the grievance and render a written decision within ~:wenty (20) days of the filing of the grievance with the immediate supervisor. The Police Chief may reqmre members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 4. In the event that a grievant is not satisfied with the disposition of the grievance by the Police Chief, the grievant shall have the right to submit the grievance to the City Manager. Submission to the City Manager shall be made within ten (10) days of the date of the Chief's disposition or the expiration of the time period for the Chief's disposition in the event the Chief does not render a decision_. Step 5. The City Manager shall review the grievance and render a written dec~sion within twenty (20) days of the filing of the grievance with the City Manager. The City Manager S:\CA\Collecfix~ [largainingxSgt. FOPS2001 Negouauoas~Final Clean Air l 01901 2:26 PM 51 may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 6 In the event the employee is not satisfied ofthe disposition of the grievance by the City Manager, or if there is no disposition by the City Manager in a timely fashion, tile grievant may request appointment of an arbitrator. The grievant's request for the appointment of an arbitrator must be made within ten (10)day~ of the date of the City _ 1 Manager s disposition of the grievance, or the expiration of the ~ime period for the City Manager's disposition in the event the City Manager does'not render a decision. Step 7. The grievant's request shall commence with a written request the Federal 1 Mediation and Conciliation Service to submit a list of names of~ve (5) arbitrators. Both- 1 parties will alternatively strike one. name until an arbitrator i~ agreed to. Following' appointment of an arbitrator, arbitrat'~on shall proceed as set forth in this Agreement. S:\CA\Collecti~e Bargaining~Sgt. FOPL2001 Negotiaficns~Final Clean Agr101901 d~: 2:26 PM 52 ARBITRATION Section 1.. When an arbitratOr has been selected by the parties, the City shall_have ten (10) days from receipt of notice .of appointment, xo rinse arbitrability asa defense. If arbitrability is, raised bythe City, the ~ssue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to the commencements.of an- a~b~tratina kearing ~n the~grievance, itself. If the ~.Ci~. ,raises the question of arbitrability and loses that determination~ the City.shall pay thecost of the arbitrator; tfthe City rinses the question of arbitrability and the:arbitrator determines that the matter is not arbitrable, the Union shall pay for the arbitrator. This provision shall not prohibit the City from challenging the arbitrability o f any grievance in an action for declaratory relief filed in the Circuit Court of Palm Beach County, Florida. In. the event of a court action by the City, the grievance/arbitration proceeding shall be abated until the conclusion of the court proceedin~ Section 2. The arbitrator shall conduct the arbitration heating no less than thirty (30) days nor more than ninety (90) days from the date of appointment. Section 3. In the event a party seeks continuance of an arbitration hearing once set, the requesting party shall pay any fee charged by the arbitrator for resetting the hearing. Section 4. The arbitrator's decision shall be confined to the statement of the grievance set forth in the written grievance form together with any defenses raised by the City at any step of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this agreement or any part thereof in order to resolve a grievance. The arbitrator may S:\CA\Collecti'~ Bargaining~Sgt. FOPk2001 NegotiatimsXFinal Clean Agl 01901 ~loc 2:26 PM 53 not issue declaratory opimons and shall confine himself/herself exclusively to the issues presented. which must be actual and existing_. Section 5. Tl~e arbitrator shall render a written decision within thirty (30) :lays of the close of the arbitration hearing or submission of post hearing briefs, whichever occurs last. DISCIPLINARY APPEALS. Section 1. Discipline is classified as either major or minor a~ follows: MAJOR: Termination Demotion Suspension without pay-more than two (2) days No employee shallbe subject to major discipline without first being affa ted a pre-determination conference with the City Manager or his/her designee. No pre-determination co: fference shall be conducted with less than ten (I0) calendar days notice to the employee. MINOR Written reprimand Suspension without pay - two (2) days or less Section 2. Appeals of disciplinary action shall be handled as follows A. Major discipline may be appealed to an arbitrator, by us/a the same procedure for appointment of an arbitrator as set forth in this Article. The request for appc intment of an arbitrator must be made in writing within ten (10) calendar days of notice of disciplinary ~ :tion. B. The arbitrator may sustmn, reverse, or modify the discipline s4 The decision of the Arbitrator is final and binding on the parties. S:\CA\Colleeti~e Bargaining~Sgt. FOPS2001 Negoiiatiens~inal Clean Agrl01901 doc 2:26 PM ~t by the City Manager. 54 C. Written reprimands may not be appealed but the employee may submit a written response to a written reprimand provided the response is submitted within ten (10) days of the written reprimand. If a wrilfen response iS submitted by the employee, itu shall be attached to the. written reprimand and placed in the employee's personnel file. D. Suspensions without pay of two (2)-days oF less may be appealed to the Human Resource Manager whose decision shall '0e final, An:appeal shall be~filed in writing'within ten (10) days of notice of the suspension without pay. The Human Resource Manager shall conduct an investigation of the discipline and render a decision within twenty (20) days of the appeal. The Human Resource Manager's decision may be to either sustain, reverse, or modify the, discipline. In no event shall the Human Resource Manager's decision increase the discipline to more than a suspension without pay of' three days. The' Human Resource Manager make conduct interviews with the grievant, departmental staff, or members of the bargaining unit as part of his/her investigation of the discipline_. S:\CA\Collective Bargaining, Sgt. FOP\2001 NegotiaticnsWinal Clean Agrl01901 2:26PM ARTICLE 38 PAST PRACTICES All employment practices :listed below shail remain in effect: B. C. D. E. F. G. H. I. J. Lockers. Locker room shower, .gym. Shoes every six (6) months. Provide weapons, equipment, gear appropriate to Bullet proof vests. Jackets, raincoat, boots. Desk space, office supplies. Approved and required travel expenses. Use of City vehicles for court when available. Three (3) complete uniforms per year, as needed. 55 assignment. S:\CA\Cotlectixe Bargaming~Sgt. FOPX2.001 NegotiatimsXFinal Clean AgrlO1901 .d~x: 2:26PM 56 ARTICLE 39 ENTIRE AGREEMENT The parties agree that this Agreement constitutes the fulland complete understanding of the parties. This Agreement cannot be changed or altered unless it is by mutual consent byb0th parties, in writing. S:\CA~Collective BargainingxSgt. FOPS001 Ncgotiaticns~Finat Clean AgrlOIg0I doc 2:26 PM Section 1. police duties, said employee shall .be reimbursed a mileage rate as establisl excluding mileage traveled to and fi.om the normal work location. Section 2. F6r the purpose of this .Article, the performance of police duties at court, depositions, administrative hearings, conferences with City officials, scl 57 ARTICLE 40 PERSONAL VEHICLES When an employee is required to use his/her personal vehicle in the performance of ted by City resolution, ~hall include attendance .ools and seminars. Section 3. When a bargaining unit member is permitted to take a City ass:~ned vehicle home, use / shall be limited to coming and going fi.om home to work and no deviations for non-essential (i.e. not related to work) personal errands. S:\CA\Collecti~e Bargain[n~xSgt. FOPX2001 Ncgouaucr, s Final Clean Asx10190[~lo~ 2:26 PM ARTICLE 41 QUALIFICATIONS FOR A BARGAINING UNIT POSITION 58 Eligibility for hiring or promotion to position in the bargaining unit shall,be as follows: A. Three (3) years of experience as a law enforcement officer with the City of Boynton :,Beach; Uni~ed~StateS military~police; any, law enforcemen[ age}~cy,~or~any combination thereofL B. · Must possess on effective date of hire and thereafter maintain FDLE certification. C. Must possess on effective date of hire and thereafter maintain a Florida drivers license, S:\CA\Collecti~ Bargaining~Sgt. FOPX2001 Negotiatiansheinal Clean Agr101901 xlt~ 2:26 PM 59 ARTICLE 42 TEMPORARY ASSIGNMENT Section 1. Sergeants acting in the capacity of Watch Commander shall b~ paid five percent (5%) / above the sergeant's regular rate of pay. ' Section 2. The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including derails, S:\CA\Collective Bargammg~Sgt. FOPS2001 Ncgotiatims~Final Clean Agrl01901 ~loc 2:26 PM 6O ARTICLE 43 SAVINGS CLAUSE Section 1._ If any Article or section or.tis Agreemem should be determined by a court of~competent jurisdiction to be in conflict with any existing or subsequently enacted legislation or judicial decision, all other Articles and sections of this Agreement shall remain in full force and effect with it being presumed to be the intent of the, parties that the invalid language be stricken. , . .~,, , , ~ ~ Section 2 In the event of such a determination, the parties shall meet within th/rty (30) days for the purpose of negotiating a substitute provision. Section 3. All new hires, promotions and appointments will have a one (1) year probationary term. S:\CA\Collecti,~ Bargaining~gt. FOPS2001 Negofiafiaas~Final Clean Agrl01901 2:26 PM 61 ARTICLE 44 · CHEMICAL TESTING Sectio_n 1.. The City agrees to use State Certified Laboratories for all drag telting. Drug and alcohol testing may be conducted on ~ither a reasonable suspicion basis or at random. Standards for testing and retesting shall be as set forth in Florida Administrative Code, Florida Statutes and the Drug Free Workplace policy adopted by the City of Boynton Beach. S:\CA\Collecti~ Bargain[rig'S g~. FOPW.001 Negofiatims~Final Clean Agrl01901 xtoc 2:26 PM Section 1.- effect up through and including September 30, 2002. Agreed to: this day of 62 ARTICLE 45 DURATION OF AGREEMENT Tins agreement shall be effective on October 1, 2001, and shall continue in full force and , 2001 , by and between the respective parties through the authorizedrepresentatives.ofthe Union~ and~,the:City-: - - POLICE SERGEANTS FRATERNAL ORDER OF POLICE BY: Chief Representative Witness Wimess Witness Witness APPROVED AS TO FORM: Ratified By City Commission CITY OF BOYNTON BEACH BY: Mayor ATTEST: City Clerk City Attorney Ratified by Union Date S:\CA\Collective Bargaining~Sgt. FOPS2001 Negotiations~Final Clean AgrI01901 Acc 4:17 PM Date VI.-CONSENT AGENDA ?TEM C. 7. REVISED AMENDMENT FIRST AMENDMENT TO LEASE AGREEMENT FOR TELECOMMUNICATION TOWER THIS FIRST AMENDMENT entered into this day of by and between: 2001, THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, with a business address at 100 E. Boynton Beach Boulevard, Boymon Beach, Florida, (hereinafter ret%rred to as "CITY") and SPRINT SPECTRUM L.P., a Delaware limited partnership, with a business address.of 1357 Hembree Road, Suite 250, Roswell, Georgia, 30076, (hereinafter referred to as "TENANT" or "SPRINT"). WITNESSETH: WHEREAS, on or about August 13, 1996, CITY and SPRINT entered into a Lease Agreement for Telecommunication Tower Site ("Lease Agreement") for certain real property located at 222 N.E. 9th Avenue, Boynton Beach, Florida (the "Site"); and WHEREAS, SPRINT desires to lease an additional parcel of real property at the Site for the purposes of allowing the installation, ooeration and maintenanc~ ne tel ' ' ' - ,~ ecomm _u}u~ca_tmn.s eqmpmant .propose..d .by BellSouth Mobility Li~nited Liability company, a tJeorgta LLC dgo/a Cmgular W~reless, ("CINGULAR") by way of a sublease to Cingular; and WHEREAS, the Lease Agreement requires CITY approval prior to any co- location on the Site; NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties agree as follows: A. Modification of Section 1.01: In addition to the Property. referred to in ~e Lease Agreement, CITY leases to TENANT the additional parcel of real property situated m Boynton Beach, Palm Beach County, Florida, more particularly described in Exhibit "A" - First ,A~,~endment at~aehed hereto and incorporated herewith, (hereinafter referred to as Additional Property"). Additional Property iZ located at 222 N.E. 9th Avenue in the City of Boyntun Beach, Florida. CITY additionally leases to TENANT a non-exclusive easement for ingress and egress, 7 days a week. 24 hours a day, on foot or motor vehicles, including tracks and for installation and maintenance of utility wires, cables, conduits and pipes over, under or along a 20 foot wide easement extending from nearest public fight-of-way, as shown in Exhibit "B" - First Amendment, attached hereto and incorporated herewith. Page~ of 3 B. Rent for Additional Property: Rent for the Additional Property will commence on the Rent Start Date, and will be paid annually in advance on each anniversary of the Rent Start Date. The Rent Start Date for the Additional Property shall be simultaneoUS with the issuance to TENANT or CINGULAR of a Certificate of Completion for the Additional Property by C!,~.: Th,e, ,annu. aI Thot~sand Five Hundred Dollars ($7,5~0.9D) Wtact~ si~al~ oe,m aaa~on,: referred to in the Lease Agreement, withpat-tiat.years.-if any, to be pro:ratea; Upon the issuance of a Certificate of Coml~letion l~y CITY for the Additional Property, TENANT, in lieu of making annual payment of rent for the initial five-year term. shall pay to Q~_T.Y a one-time [ump-s~ pa~m:~nt ~of Th',~y-Seven T!iousand'Five payment -by ~- for ~ initialj fi~Yeilf lease 'te~:f°~ ~'~' ~ddiuoazal,:vrope~cy. Thereafter the rent shall be payable to CITY on an annual basxs,. ....... .,__~ n .... ~-u At the exniration of the initial C. Rent Increase tor ~-m-,0u~ ~-,,w--.~ five-year lease term for the Additional. Prop;e,,rty,,~creases. ot aaa~t~onai rent set f;rth intthe Lea~e Agreement, tha~ being 'CPi 'with respect to th~ Rent Start Date for the Additional l~operty. another D. f by TENAN'I as amended herein. E. First Amendment Controls: In the event of a conflict between the Lease Agreement and this First Amendment, this eirst Amendment shall control. F. Lease Agreement Remains In E.ffect: All terms ~and conditions of the Lease Agreement, First Amendment and Exmb~ts thereto whicl~ are not inconsistent herewith remain in full force and effect. [TILE REMAItqDER OF TI-IlS PAGE INTENTIONALLY LEFT BLANK] Page~ of 3 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: CITY OF BOYNTON BEACH By: Janet, Prainito, City Clerk Gerald Broening, 1V~ayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Office o£the City Attorney WITNESSES: SPRINT SPECTRUM L.~, a Delaware limited partnership Print Name Print Name By: Lawrence M. Callander Director of East Region STATE OF GEORGIA ) COUNTY OF FULTON ) BEFORE ME, an officer duly authorized by law to adm/nilt~ oaltls and take acknowl,~,~,,-~ personally appeared LAWRENCE M CALLANDER as Director of East ~,,,, ,.c ~-~--~'~ L~Z~y~nts' · , ~ a~,umszeu ~o eonauct business m the State of Fleri~o and -~---.'--~ has executed It~ foregoing Agreement as the propex official of SPRINT SPECTRUM L~., for the use and purposes mentioned herein and that the im~ is the act and deed of SPRINT SPEC' personally known to me, IN WITNESS OF THE FOREGOING, I have set my hand and official al at in the State and County aforesaid on this --. day of ,2001. My Commiqsioll Expires: Notary Public Page5 of 3 LEGAL DESCRIPTION OF ADDITIONAL LEASE PARCEL r/ion of Lots 2 & 3, Block 1, CONGRESS GROVE, as recorded in P/at Book 13/, Page A~P°,.~'+h~ ~.hlic '~ r~s ~f Pal~n Beach county, Florida being more particularly described as follows: mence at the Southwest Comer of said Lot 3; Block 1; thence S89 ~35'39"E along the Corn , , et to the POINT OF · . ' ~ ce NO0 ~12 08 W for 56.44 fe . South hne of said.. Lot. 3 for 14.4.0 fe~t, th, en_ _, ,~.A~x. ~mo '28'29 'W fok 30-00 fee,/;thence in descnOea amu~; u,~.~ ~,~,~o ~ ~ ' lNG of the follow/ g , P ' , ' " 0 BEGINN ,~ , ,. ,~ , .~ . , ~thenceSO0 1208 Efor16.5 NO0 °12'08"W for 16.60 feet; thence $89 "28 29 E for30 O0 feet; feet to the POINT OF BEGINNING. NOTE: See Boundary Suwey under. File ,N~o. _B_-l~.6~.A,dDesa~t~.be0~'~2:;'~n0,00' by this FIRM, 1.) for a detailed Sketch of the Legm ~es~-,,v-,.- · THIS LEGAL DESCRIPTION WAS pREPARED UNDER MY SUPERVISION. LEITER, PEREZ & ASSOCIATES, INC. BY: ~ \ (]"'"':~'~-~-* -~ T ' STANLEY T. OL'ESI~IC:Z, VICE pi:~E$1DEN REGISTERED PROFESSiO~ SURVEYOR & ~PPER STATE OF PL~IDA 'EST EXTERIO~ .~4-1ELTER DETAIl SOUTH EXTERIOR SHEI TEA DETAIl PRE-FABRICATED VFP 10' x 21' CONCRETE EOUIPMEMT SHELTER REGIS'IRA DON NUMBERS VT.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested C ~y Corrmmssion Meeti'n~ Dates Requested Cig Cormmssmn Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Offie~ D~lte Final Form Must be Turned in to City Clerk's Office [] July 17. 2001 ] August7 2001 July 5, 2001 (5:00p.rm) July 18, 2001 (5:00 p.m.) [] September 19. 2001 [] October 2, 2001 September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) [] August 21, 2001 [] September 4, 2001 NATURE OF AGENDA ITEM AugustS, 2001 (5:00p.m.) October 16.2001 Oclober 3, 2001 (5:00p.m.) ! August 22, 2001 (5:00 p.m.) ~ November 6, 2001 Oc[ober 17, 2001 (5:00 p.m.) / [] Administrative [] Devalop~nentPtans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfm.ist~edBusiness [] Announcement [] Presentalion [] City Manager's Report RECOMMENDATION: Motion to approve a First Amendment to Lease Agreement for Tetecommtmication Tower between Sprint and Cingular for the property located at 222 IqE 9t~ Avenue, in the form of a First Amendment to Lease Agreement between the City and Sprint Spectrum L.P. EXPLANATION: The City currently has a lease with Sprint Spectrum L.P. for a telecommUm Avenue. Sprint wishes to sublease a portion of the property to Bell South, now known as Cin Sprint obtain written approval by the City prior to subleasing any portion of the property desigm and permitting requirements have been met. PROGRAM IMPACT: Increase in telecommunications service in the area. FISCAL IMPACT: Sprint will pay additional rent to the City, payable at five year intervals construction on the site. ations tower at 222 Nlg 9m ar. The lease requires that ed in the lease. All zoning in dvance, commencing with ALTERNATIVES: Department I~feat~'~ ~'i~an~ ~,J Departm~ent Name - / S :~B ULLETIN~OILM SXAGEN DA ITEM REQUEST FORM.DOC RESOLUTION NO. RO 1- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ~ DIRECTING THE MAYOR AND CITY, CLE,R~ TO EXt~/CuT~:~!~ F~ ~ENDMENT TO LEASE AGREEIV~NT'B]{TWEEN'THE cITy OF~ BOYNTON .,,BEACH; FLORIDA, AND SPR24T sPECTRUM L:P., 9 SPRINT FO LEASE:AN ADDITIO~AL-P~GBL OF REAL'PROPERTy AT 229 N.E. 9TH AVB~ AND pRO¥~,~ iI~G ~ EFFECTIVE DATE. WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to execute a First Amendment to Lease Agreemem between the City of Boynton :Beach and Sprint Spectrum L. P., permitting Sprint to lease an additional mrcel of land located at 229 N.E. 9th Avenue, for the purpose of allowing installation, ~eration and maintenance of additional telecommunications equipment proposed by BellSouth Mobility, LLC, a Georgia limited liability company, by its sole member, Cingular Wireless LLC, (Cingular) by way of a sublease to Cingular; and NOW, THEREFORE, BE IT RESOLVED' BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a First Amendment to Lease Agreement between the City of Boymon Beach and Sprint Spectrum, L.P., subject :o all conditions and provisions as indicated in the original Agreement, dated August 13, 1996. Section 2. xssage. That this Resolution shall become effective mediately upon PASSED AND A~-DOPTED this ATTEST: City Clerk (Corporate Seal · diy of November, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner FIRST AMENDMENT TO LEASE AGREEMENT FOR TELECOMMUNICATION TO'~R THIS FIRST AMENDMENT entered into this by and between: day of ~ 2001. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, with a business address at I00 E. Boynton Beach Boulevard, Boyntun Beach, Florida, (hereinafter referred to as "CITY") and SPRINT SPECTRUM L.P., a Delaware limited partnership, with a business address of ! 357 ~abree~Roa~;! Suite 250, Roswell, Georgia, 30076, (hereinafter referred to as "TENANT or "SPRINT' ). WITNESSETH: WHEREAS, on or about August 13, 1996, CITY and SPRINT entered into a Lease Agreement for Telecommunication Tower Site ("Lease Agreement") for certain real property located at 222 N.E. 9th Avenue, Boynton Beach, Florida (the "Site"); and WHEREAS, SPRINT desires to lease an additional parcel of real property at the Site for the purposes of allowing the installation, operation and maintenance of additional telecommunications equipment proposed by BellSouth Mobility Limited Liability Company, a Georgia LLC d/b/a Cingular Wireless, ("CINGULAR") by way of a sublease to Cingular; and WHEREAS, the Lease Agreement requires CITY approval prior to any co- location on the Site; NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties agree as follows: A. Modification of Section 1.01: In addition to the Property referred to in the Lease Agreement, CITY leases to TENANT the additional parcel of real property situated in Boynton Beach, Palm Beach County, Florida, more particularly described in Exhibit "A" - First Amendment attached hereto and incorporated herewith, (hereinafter referred to as "Additional Property"). Additional Property is located at 222 N.E. 9th Avenue in the City of Boynton Beach, Florida. CITY additionally leases m TENANT a non-exclusive easement for ingress and egress, 7 days a week, 24 hours a day, on foot or motor vehicles, including trucks and for installation and maintenance of utility wires, cables, conduits and pipes over, under or along a 20 foot wide easement extending from nearest public right-of-way, as shown in Exhibit "B" - First Amendment, attached hereto and incorporated herewith. Page I1 of 3 B, Rent for Additional Propertv2. Rent for the Additional Property will commence on the Rent Start Date, and will be paid annually in adeance on each anniversary of the Rex/t Start Date. The Rent Start Date for the Additiom be the earlier of (t) the commencement of work on the Additional Proper or CINGULAR, or (2) upon the issuance to TENANT or CI2NGULAR of Completion for the Additional Property by CITY. The annual rent Thousand Five Hundred Dollars ($7~500.00) which shall be in additi referred to in the Lease Agreement, with partial years, if any, to be pro-rat 1 Property shall ~f by TENANT a Certificate of 5hall be Seven )n to the Rent Upon the issuance of a Certificate of Completion by CITY for the Additional Property, TENANT, in lieu of making annual payment of rent for 'the initial five-year term, shall pay to CITY a one-time lump-sum payment of Thirty~Seven Thousand Five Hundred Dollars ($37,500.00). This lump sum shall coustimte the advance rental payment by TENANT for the initial five-year lease term for the Addi' ional Property. Thereafter the rent shall be payable to CITY on an annual basis. C. Rent Increase for Additional Property: At the expirati of the initial five-year lease t~im for tile Additional Property, mereases of additional :enr shall be as set forth in the Lease Agreement, that being "CPI" with respect to the Rer x Start Date for the Additional Property. D, Conditions for Additional Property: TENANT represents that another telecommunications tower will not be constructed on the Additional Property by TENANT or authorized subtenants. CITY consents to proposed sublease >y TENANT to CINGULAR in accordance with all requirements of the Lease Agreeme at, as amended herein. E. First Amendment Controls: In the event of a conflict bet geen the Lease Agreement and this First Amendment, this First Amendment shall control. F. Lease Agreement Remains In Effect: All terms and cr aditions of the Lease Agreement, First Amendment and Exhibits thereto which are x ot inconsistent herewith remain in full force and effect. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Pager of 3 [Iq WITNESS OF TI~ FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: By: Janet,~Prainito, City Clerk CITY OFBOYNTONBEACH Gerald Bro,ening,:MaY°r Office of the City Attorney WITNESSES: SPRINT SPECTRUM L.P., a DelaWare limited partnership Print Name Print Name By: Lawrence M. Caltander Director of East Region STATE OF GEORGIA ) COUNTY OF FULTON BEFORE ME, an officer duly authorized by law to administer oaths and take acknowled~nents. personally appeared LAWRENCE M. CALLANDER as Director of East Region of SPRINT SPECTRUM L.P., a business authorized to conduct business in the State of Florida, and acknowledged under oath that he has executed the foregoing Ag~eemem as the proper official of SPRINT SPECTRUM L.P., for the use and purposes mentioned herein and that the instrument is the act and deed of SPRINT SPECTRUM L.P., He is personally known to me. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this __. day of ,2001. My ComrmSsion Expires: Page3t of 3 Notary Public SKETCH OF SURVEY 25' ¥ORTHEA$~ ~H AVENUE L Q -- ~ _ 0 -- · O T FIRI~ FLOOD ZONE DATA: 'Requested City, Commission Meetin~ Dates [] July 17, 200l [] August 7, 2001 ] August2] 2001 VI.-CONSENT AGENDA ITEM C.8. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office July 5. 2001 (5:00 p.ro-) July 18. 2001 5:00 p.m.) AugUstS, 2001 (5:00 p.m.) AugUst 22, 2001 (5:00 p.m./ Requested City Comm/sslon Meefinu Dates [] Septeraber 19. 2001 [] October 2. 2001 [] October 16,2001 [] November6, 2001 Date Fhaal Forna Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) SepTember 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.rm) October 17, 2001 (5:00 p.ral NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Bosmess [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to approve an Amendmem to Resolution No. R0 I-217, adopted by the City Commission on July 11, 2001. Amending the initial Assessment Resolution, imposing fire rescue assessments against assessed property located ~ the City;, approving the rate of assessment and approving the assessment roll. EXPLANATION: The Inithal Assessment Resolution contains and references a brief and general description of the fire rescue services, facilities and programs to be provided to Assessed Property; describes the method,of apportioning the Fire Rescue Assessed Cost to compute the Fire Rescue Assessment for fire rescue services, facilities a~d ~xograms aga/nst Assess6d Property; estimates rates of assessment: and directs the updating and preparatton of the Assessment Roll and provision ofthe notice required by Ordinance. In order to impose Fire Rescue Assessments for the Fiscal Year beg/nmng October 1, 2001, the Ordinance requires the City Commission to adopt a Final Assessment Resolution which establishes the rates of assessment and approves the Assessment Roll for the upcoming Fiscal Year. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Not approve the Final Assessment Resolution. Dep~ ~ead s Signature City Atlomey's Office Department Name City. Manager'~ Signature City ~_ttomey / Finance / Human Resources S :kBULLETINkFORMS~kGENDA ITEM REQUEST FORM.DOC VT.-CONSENT AGENDA I'TEM C,8 CITY.OF BOYNTON BEACH, FLO~DA FINAL ASSESSMENT RESOLUTION ADOPTED NOVEMBER 6, 2001 TABLE OF CONTENTS Page SECTION 1. SECTION 2. SE( 4. SECTION 8. AUTHORITY .................................................................................... 3 NTE ...................................... 3 APPENDIX A: APPENDIX B: APPENDIX C: APPENDIX D: AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY' OWNERS.~ ........' ................................................. A-1 .... B-1 AFF[DAVI~ OF ~IG .............................. D-1 RESOLUTION NO. R01- CITY OF BOYNTON BEACH, FLORIDA A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA RELATING ~O THE PROVISION OF FIRE REscuE SERVICES, FACILITIES AND p.ROGRAMS iN THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE INITIAL ASSESSMENT RESOLUTION; MPOSING FIRE AN WHEREAS, the City Commission of Boynton Beach, I~lorida (the "City Commission"); hasenacted Ordinance No. 01-34 (the "Ordinance"), which authorizes the imposition of Fire Rescue Assessments for fire rescue services, facililies, and programs against Assessed Property :located within the City; | WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services, facilities, and programs each fiscal year is an equitable and efficient and apportioning the Fire Rescue Assessed Cost among parcels of ~ WHEREAS, the City Commission desires to implement a Fire program and impose a Fire Rescue Assessment in the City using the by the Ordinance for the Fiscal Year beginning on October 1,2001; WHEREAS, the City Commission, on July11, 2001, a~ No. R01-217(the "Initial Assessment Resolution"); WHEREAS, the Initial Assessment Resolution contains and rel general description of the fire rescue services, facilities and prograr~ Assessed Property; describes the method of apportioning the Fire Re., to compute the Fire Rescue Assessment for fire rescue services, faci ~ethod of allocating ssessed Property; escue Assessment rocedures provided topted Resolution ;rences a bdef and to be provided to ~e Assessed Cost ities, and programs against Assessed Property; estimates rates of assessment; and directs the updating and preparation of the Assessment Ro and. provision of the notice required bythe Ordinance; WHEREAS,%i~ grd, er to.impese, F re, Rescue rASSessmen~ts~ for the F sca Year beginning OctOber, i:; 2~)0~l,,,the Ordinance requires the Ci~ Commission to adopt a Final as the City parties; WHEREAS, the Assessment Roll has heretofore been, mad~ a¥~ilable for insoection by the public, as required: by the Ordinance; WHEREAS, notice of a public hearing has been published and 'mailed, as required by the terms of ~he Ordinance, which provides notice to all interested persons of an opportunity to be heard; an affidavit regarding the form of notice mailed being attached hereto as Appendix A and the proof of publication being attached hereto as Appendix B; WHEREAS, a public hearing was held on September 4, 2001, and comments and -objections of all interested persons have been heard and considered as required by the terms of the Ordinance; WHEREAS, in consideration of comments and objections of interested persons dudng the notice period and at the public headng and in consideration of omissions made in the unit counts for Multi-Family Residential Property, the City Commission continued the headng to October 16, 2001, and directed that all adversely affected property owners be 2 provided an additional first class notice; an affidavit regarding the form of notice mailed being attachedhereto as Appendix D. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMJMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance No. 01-34; Resolution'No. R01-217; Article VIII, Section 2, Flodda Constitution; sections 166.021 and 166;041, Flodda Statutes; and other applicable provisions of law. SECTION 2; DEFINITIONS AND INTERPRETATION. This re, solution constitutes the Final Assessment Resolution as defined in Ordinance No. 01-34. All capitalized terms n this resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution, as amended and supplemented hereby. SECTION 3. AMENDMENT OF INITIAL ASSESSMENT RESOLUTION. (A) Due to a scrivener's error in the Initial Assessment Resolution, the incorrect / location for the public headng was included in the resolution. NotwithStanding, the correct location was included in both the published and mailed notices. Accordingly, Section 11 of the Initial Assessment Resolution is hereby amended as follows: SECTION l l, AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public headng to be held at 6:30 p.m. on September 4, 2001, in the "'~" B ......... Boynton Beach Community Hi,qh 'School, 4975 Park Ridqe Boulevard, Boynton Beach, Florida, at which time the 3 City Commission will receive and consider any comments on the Fire Rescue Assessments from-the pu,bli¢~and affected property owners and consider- imposing Fire Rescue Assessments. ( .......... ,-,~..~ Fepresent~de etions; underscores represent add!t, tons:) · (B) attached to the Initial ,Assessment, ResOlution. The ~nprovement Codes attached as Appendix B to the Initial Assessment Resolution included only those Buildings designated as-Single Family Residential and Multi-Family Residential. The Code Designations for Commercial, IndustrialANarehouse, Institutional and Nursing Home Properties were inadvertently omitted from the correct table. Accordingly, the complete Improvement Codes attached hereto at Appendix C are hereby substituted for the Improvement Codes attached as Appendix B to the Initial Assessment Resolution. (C) Except as modified, amended and supplemented herein, the Initial Assessment Resolution shall remain in full force and effect. SECTION 4. IMPOSITION: OF FIRE RESCUE ASSESSMENTS. (A) The parcels of Assessed Property described in the Assessment Roll, which is hereby approved, are hereby found to be specially benefited by the provision of the fire rescue services, facilities, and programs described or referenced in the Initial Assessment Resolution, as amended, in the amount of the Fire Rescue Assessment set forth in the Assessment Roll, a copy of which was present or available for inspection at the above referenced public hearing and is incorporated herein by reference. It is hereby 4 ascertained, determined and declared that each parcel of Assessed Property within the City will be specially benefited by the City's prows~on of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue Assessmer~t for such parcel, ' computed in the manner set forth in the Initial Assessment Resoluti~on.~ as amended. Adoption of this Final Assessment Resolution constitutes a legislative determination.that alit:parcels assessed derive a special benefit in a manner consistent with.the legislative declarations, determinations and findings as set forth in the Ordinance, and the Initial Assessment Resolution from the fire rescue services, facilities, or prOgrams to be provided anC] a legislative, determination, that the Fire Rescue Assessments. · ' .'a~efaidy and reasonably apportioned among the prOperties that receive the.special benefit ~s set forth in the Initial Assessment Resolution. (B) The method for computing Fire Rescue Assessmellts described and referenced in the Initial Assessment Resolution is hereby apprcved. The Parcel Apportionment methodology described in Appendix E of the Initial Ass( ssment Resolution, and adopted in Section 7 of the Initial Assessment Resolution, is her ;by approved. (C) For the Fiscal Year beginning October 1,2001, the es mated Fire Rescue Assessed Cost to be assessed is $3;369,656. The Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1, 2001, are hereby established as follows': 5 RESIDENTIAL pR(~PE~Y USE ,, cATEGoRIEs Dwelling Unit ' i~ingle. Fa~ily,! , _~-,,; ~ ' $70 esidentia Murt.!TEa~m~ly = .... $58 ResidentiaI ~ IOof._ Indu~riall ~ ~ N~rp~g ~ge~) , cbm~ercial :wAreh-OUse~ '~ In~itutio~al: :: -'H~mes ' "": ' ' :r.::r-.,'~ :~ . ~$ 25 $: 251 ,' ", ; ~,~004G;¢~ =$ 309 $ 98 i~$, 502 $'" ¢ 502 ~ ,~.~,~'. $ . ~ $ 172, ,$ 879, $. 879 ~' ....... ' ~':S~;;9~9~', ._ .. .... .:$ ' ' 773" $ 2 5;, :;S ~,255 $ ,255 ' ~4~g;~9 [;,$ ~5 ~$ 491 -~$ 2511 $ 2,51d , - ~8~¢~¢39;9;99 , ;;$. 4635: ~ 1:473.$ 7532 $ ~,532 : ' '$ 7725:'~' ' 2~,4~':. . ' 12,553 . $" 12553 (D) The ,~bove rates of,; assessment are hereby: approved. Fire Rescue Assessments fo~,fim rescue services, facilities and program~ in the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of Assessed Property described in such Assessment, Roll· for. the Fiscal Year .beginning October 1,2001. (E) No Fire Rescue Assessment shall be imposed upon a parcel of Institutional Property whose use is wholly exempt from taxation under Florida law. (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or exemption from payment of the Fire Rescue AsseSsments required by law or authorized by the City Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds dedved from the Fire Rescue Assessments. 6 (G) As authorized in Section 2.13 of the, Ordinance, interim Fire Rescue Assessments are also levied and imposed against all property for which a Certificate of Occupancy is issued after adoption of this Final Assessment Resolution based upon the rates of assessmentapproved herein. (H) Fire Rescue:Assessments shall constitute a lien upon.the Assessed Property so assessed equal in rank and dignitywith the liens of~all state, county, distdct or municipal / taxes and other non-ad valOrem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. (1) The Assessment Roll, as herein approved, together with the correction of any errors or omissions as provided for in Ordinance No, 01-34, shall be billed, collected, and enforced pursuant to the alternative method of collection described in Section 3.02 of the Ordinance and Section 10 of the Initial Assessment Resolution. The City Commission hereby directs the City Manager to mail said bills no later than the close of the first quarter of the calendar year of 2002. SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution, as modified, amended and supplemented herein, is hereby confirmed. SECTION 6. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the Assessment Roll and the levy and lien of the Fire Rescue Assessments), 7 unless proper steps shal be initiated ~n a court of competent jurisdiction to secure relief withirt2Odays from the d~te of this; Fina~ Assessment Reso!u~tiorL SECTION ?. SEVERABILI~. Ifanyclause, section orother part of this resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such uncenstitutiona~ o~,i~Validpart:sh_all:,be.~onsidered as etimif~ated,andin_no way effecting the validity of the~ eth er: provisions o~this_~e~o!u, tieq.;,~ ;, [The remainder of this page ,is intentionally left blank.] 8 SECTION 8. EFFECTIVE DATE. This Final Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this day of ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) APPROVED AS TO FORM AND CORRECTNESS: James A. Cherof City Attorney APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Kurt Bressner, Camille P. Tharpe, and Kevin Buffer, who, after being duly sworn, depose and say: 1. Kurt Bressner, as City Manager of the City of Boynton Be~ch, Florida ("City"), pursuant to PurChase Order No. 011669 dated February 23. 2001 belween Government Services Group:, Inc. ('GSG'} and the City, an~i the authority and direction" received from the City Commission, timely directed the preparation of the Asses~ ~ment Roll and the preparation, mailing, and publication of notices in accordance wi1 h the Fire Rescue Assessment Ordinanca adopted by the City Commission on July 11, 2001 (the "Assessment Ordinance") and in conformance with the initial Ass~ ;ssment Resolution adopted by the City Commission on July 11, 2001 (the 'Initial Asses merit Resolution"}. 2. Camilla P. Tharpe, is Vice President of GSG. GSG ha,, caused the notices required by the Assessment Ordinance to be prepared in conform rice with the Initial Assessment Resolution. An exemplary form of such notice is attach, hereto. GSG has caused such individual notices for each affected property owner to be prepared and each notice included the following---information:-- the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units c parcel; the total re~'nua Itte City expects to collect by the essessr~ failure to pay the assessment will cause a tax certificate to be issue, which may result in a loss of title; a statement that all affected proper to appear at the hearing and to file written objections with the local 20 days of the notice; and the date, time, and place of the I~eadng. A-1 ~ntained within each nt; a statement that I against the property , owners have a right veming board within 3. On or before August 7~; 2001~, G~Gdelivered and directec~ the mailing of the above.referenced notices by~ Mail~*Master-of Tailahassee, Inc. ('Mail Master'), in accordance with the Assessment Ordinance and the Initial Assessment Resolution by First for the purpose of the levy and collection of ad valorem taxes. Notices to property owners receiving mulflole individual notices were mailed, or caused to be mailea, by GSG on or before.August 7,~ 2001.'- 4. Kevin Butler is President of Mail Master. As directed above, Mail Master. mailed or caused'to be mailed on or before August 7, 2001, the above-referenced notices deliVered to Mail Master by GBG. FURTHER AFFIANTS SAYETH NOT. Kurt Bressner, affiant A-2 STATE OF FLORIDA COUNTY OF 'PALM BEACH The foregoing Affidavit of Mailing was sw.o.m to and subscribed before me this da of August, 2001 by K~urt Bressner, C ty Manager, City of Boynton ~ach Flodda: ~eis personally know~ tO me or has produced as identificati~ and did take an oa~. Printed Name: Notary Public; state of Florida At Large My Commission Expires: Commission No.: STATE OF FLORIDA COUNTY OF LEON The fo oin Affidavit of Mailing was sworn to and subscribed before me this %_ reg g {~_~__ day 2001 Camille P: Tharpe, Vice President O! by Group, Inc,, ~ as identification and di~ ~.: ... :,~= At Large STATE OF FLORIDA COUNTY OF LEON ~.k. The foregoing Affidavit of .Mailing _w~.s sworn to and subscribed before m.e this · 2001 ,~ Kevin Butler; President, Mail Master ~ Tailahassee, inc.,a day of August, Florida ,.c~poration. Or has produced ~ as identification and did ~~. .~1~1~.~.~__..~.~.~11~ Notary Public, State of Flodda / & At _ !res: A-3 Boynton Beach, Florida 334.35 COLLECTION OF FiRE RESCUE NON-AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 7. 2001 TO~Y M ~HIEFFQ 836~ W~ITE EGRET'WAY LAKE woR'r~ FL 33487-~ ?~ As required b) Boynton i!Beach that an · fiscal yea~ **'**~ ~; ~0TICE TO PROPERTY GWNER ' ' ' * * City Ordinance No. 01-34, notice is ',given by th~ City of be lev ed on your property for the [1. A in the Beynton Beach Community High on the a right to appear at the hearing and notice. If you decide to appeal any the hearing, you will n~ including ~he testimony~. :~. with the Americana with DiSabilities ~t, proceeding Should contact relief within from the the rate of the issues Resolution an(t the preliminary located at City Hall. 100 East Beynton on this notice for the above parcel will be ~ of 2002. Failure to ;)ay t.he as well as the initiation of including a process that would ultimately would cause a tax cartificete to any qu.;,--tions regarding your tim rescue between August 7, 2001 and or (561) 742-6349, Monday through please fill out the enclosed con"ectJon * * *'* * ~1515 NOT A BILL APPENDIX B PROOF OF PUBLICATION THE PALM BEACH POST STAT~ Ot~ FLOR~A APPENDIX C REVISED IMPROVEMENT CODES APPENDIX C REVISED IMPROVEMENT CODES Code Description Catec. lory 60 EFFICIENCY APARTMENT I MULTI-FAMILY 101 RESIDENTIAL 1 FAMILY i ~ESIDENTIAL 102 RES DENT AL 2~FAM .LY MUI.;T sFAM LM 103 ' RES DENT AL 3' FAM Ey io4" . RESD~ENT~F~M,[;~ MQLT,~AMI~¥~ 170 ,¥ DO~ TORY 220 : ~ AP~TMEN~ . ~EBIDEN~IA~, 301 RES~ON"cOMM~Np RETAIL DRNE~U~ C-1 Code Description Category 530 . HOSPITALS ~ · iNSTITUTIONAL 540 NURSING HOME N~RS NG HOMES 550 BAR/TAVERN ~ ' · ' "COMMER'C~IrAL ' 551 ..: 3OCKT~L LOUNGE ;: COMMERCIAL 560 F~,ESTAU RANT ~ '- COMMERCIAL 570 . ,FRANCHISE FOOD -~ COMMEBC AL 580 ~, 'i BO~NUNG ALLEY : ,- cOMMERCIAL 58~., . L~H~TH C~B'~: .: _L,,:; ~ COMM~CAL ~OUNTRYCLUB, ,, "': : COMMERCIAL , ' 589, . ,~ ~O~P~RY ~E~B~ GOEF:CRSE , COMMERCIA~ 590 : , 4ARENA ' : ,'~, -: CoMMERcI~ COMMERC AL ..... , ~CE~GK' ~. ~ COMMERCIAL ' ~'~-:: COMMERCIAL ,c ...... ~INE~H~, ¢; ~ , COMMERCIAL S1=4'; ~. ~D ~/P C~~., .... COMMERCIAL ......... ' ' "' '""~'-' '~ INS 'ITUT ~, .. ,~ DA~ CARE CE~ , M~H~ M~ . INDUSTRIAliZE t2~~: ~ ~AREHOUSE'D~; ON JNDUSTRIA~aS;~E C-2 ,~ode Description Category 830 U NI'WAREHOUSE IN DUST RIAL/w~RE~]Q~JSE 840 ' ~ARIEH~USE~S:EORAG E~ 8~1 . W~EhO0~E~NGEE~ANT ~ ~ ', '. INDUSTRI~R~U~E' ', :.: 860' ' BARNS , ED C-3 APPENDIX D AFFIDAVIT OF SUPPLEMENTAL MAILING AFFIDAVIT OF SUPPLEMENTAL MAILING BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Camille P. Tharpe, who, after being duly sworn, depose and say: 1 Kurt Bressner, as City Manager of the City of Boynton Beach, Florida ("City"), pursuant to Purchase Order No. 011669 dated February 23, 2001 between Government Services Group, Inc. ("GSG") and the City, and the authority and direction received from the City Commission, timely directed the preparation and mailing of corrected notices in accordance with the Fire Rescue Assessment Ordi ~ance adopted by theCity Commission on July 11, 2001 (the ~'Assessment Ordinance"), in conformance with the Initial Assessment Resolution adopted by the City Commission on July 11, 2001 (the "Initial Assessment Resolution"), and in order to correct omiss~ons on Multi-Family Residential Property. 2. Camille P. Tharpe, is Vice President of GSG. GSG has caused the notices required by paragraph 1 above to be prepared in conformance with the Initial Assessment Resolution. An exemplary form of such notice is attached hereto. GSG has caused such individual ~otices for each affected property owner to be prepared and each notice included the following information: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each ~)arcel to determine the assessment; the corrected number of such units contained within each parcel; the total revenue the City expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title: a statement that all affected property D-1 owners have a right to appear at the hearing and to file written objections with the tocal governing beard within 20 days of the notice: and the date, time, and place of the hearing. 3. On or before September 25. 2001 GSG mailed the above-referenced notices, in accoroance with the Assessment Ordinance and the Initial Assessment Resolution by First Class Mail to each affected owner, at the addresses lhen shown on the real proPerty assessment.{ax roll database maintaine.d bythe Palm BeaC~h CoUnty Property Appraiser for the purpose of,the levy, and collection ;o~d.vatoi'em;'taxe~s~ FURTHER AFFIANTS SAYETH NOT. Kurt Bressner, affiant C~m'i~e P. T'~rpe, affilnt I STATE OF FLORIDA COUNTY OF PALM BEACH ~,, jjl~he foregoing~ Affidavit of Mailing was sworn to and subscnbed before me this ~4 '/' '~ Uay of ¢ 2001 by Kurt BressnerLCity,Manager, ..City~._°f.,:~ ..B°ynt°n. _ Beach, · .-~"-- '- ....... __ ._~ ....... tlr.. and did Florida. He(s person~to mo:~ .... ~ ...... take an oath.'- Notary Public, State o~f Florida At Large My Commission Expires: Commission No.: D-2 STATE OF FLORIDA COUNTY oF. LEON · The foregoing Afl davit of-Mailing was swo. rn to anO subscribed before me this J'~ 'day of Oc;~bber, 2001 bv Camille P. Tharpe, Vice President, Government Serv ces ~ Ir~c, ~ F,Odqla corpOr~ation ' She lis Personally known t~ me - did take an oath. · ' ' .... 9-3 ~ City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 CI'CY OF BOYNTOI'~ BEACH, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RE~SCUE NON-AD VALOREM ASSESSMENTS NOTICE DATE: SEPTEMBER 25 2001 MICHAEL TILLMAN 9645 SADDLEBROOK DR BOCA RATON FL 33496-1806 Parcel ID #: 08434509070000450 Legal Description: NORTH RIDGE ESTATES Sequence #: SA1 * * * * * NOTICE TO PROPERTY OWNER * * * 1 * As required by Section 197.3632, Florida Statutes, and City Ordinance No. 01-34,_notice is given by the City of Boynton Bea~;h that an annual assessment for fire rescue' ser;v ces, :may be levled on your property for the fiscal year October 1, 2001 - September 30, 2002. The Fiscal' Year 2001-02 assessment will be collected using, a separate bill to be mailed during the first three months in 2002 and will b~ payable 30 days after such billing. In futureyears, the assessment will be added to the tax bi your tax. The ~urpose of this. assessment is to fund fire rescue services City of Boynton Beach. The total annual Boynton Beach is~estimated to-be $4,352,899. claSSificationOf each parcel of clubhouse, will make a policy decision regardir The above parcel is classified as MULTI-FAMiLY. The tota[number 0f billingunits on the above parcel is 10 dWelling units. The annual fire rescue assessment for the above pamel is $960.00. ~eld at 6:," 6, 2001 in the Boynton Be of receiving pub 3, M least 24 hours prior tothe date of the hearing. to secure method ~t~all be the fir located a' notic 'first 3 months property including a against'the pr perty any questions Rescue Department the City of is based on the parcel contains a Community High School. ;omment on the proposed r at the hearing and to file ippeal any decision will need a record of / and evidence needing ontact Joyce Costello at ;lief within 20 days from the ' apportionment, the rate of I adjudication of the issues solution and the preliminary City Hall, 100 East Boynton e for the above parcel will be of 2002. Failure to pay the as well. as the initiation of 3rocess that would ultimately a tax certificate to regarding your fire rescue at (561) 742-6326, Monday * * * * * THIS IS NOT A BILL * * * * * ~ NABOR$, GIBLIN & NICKERSON. P.A October 23, 2001 . J ames At Boynton 100E. Re: Amending Fi Final Assessme ~olution , Ordinance and (r~v sed) Dear Jim: Enclosed with this letter you will find the final version of the ordinance amending the Fire Rescue Assessment Ordinance to "sunset" Resolut on for the C~ty Commission s rat f cat on. The original affidavit of supplemental mailing Will be sent to. you by separate cover. Please attach this affidavit to the Final Assessment Resolution at Appendix D. ALS0, the 0rigi~hal affidavit Sentto you before the September 6 [ should' be attached to the Final Assessment I ~hed notice of the September 6 hearil ny form of notice for the October 16 cot : hearing, such a notice could aisc be included at Append~ iX Br. James A. Cherof October 23, 2001 Page 2 Please call me if you have any questions. Very truly yours, Virgil ~nie' Sa%ers VSD:sib Enclosures CC: Kurt Bressner, City Manager (w/enc.) Camille P. Tharpe, GSG (w/enc.) Delegal R~q~ Ci~ Commt~ion [] luly 17, 2001 [] Aug~s~ 7, 2001 VT.-CONSENT AGENDA ITEM C.9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM July $, 2001 (5:00 p.m.) hdy t8.2001 (5:00p.m.) August 8,2001 (5:00 p.m~) August22, 2001 (5:00p.m.) R~III~ City Commi~io/1 Meefim~ Dates [] September 19, 2001 [] October2, 2001 [] October 16, 2001 [] Nov~nber 6, 2001 Date Final Form Must b~ Turn~/n ~o CiW Clerk's Ot~e Sept~aber 5, 2001 (5:00 p.m.) Sei~ember 20,2001 (5:00 p.mO October 3, 2001 (5:00 pan.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's R~port RECOMMENDATION: Motion authoriz ng the Mayor to execute an agreement with the South Florida Water Management District to accept a $300,000 grant for the construction of Aquifer Storage and Recovery (ASR) wells. EXPLANATION: This past May, the Utilities Department submitted a grant application to the South Florida Water Management District, under their Alternative Water Supply Fundlng Program, asking them to fund a portion of our costs associated with the installation of two treated water ASR wells. We had asked for a total of $250,000.00 in grant funds. The actual award is being made for $300,000.00 PROGRAM IMPACT: The City will be installing the ASR wells as part of our alternative source/conservation efforts. The impact of this program is that a portion of the alternative source/conservation costs will now be paid for by the District. FISCAL IMPACT: The total cost of the proposed wells is approximately $1.2 million dollars. Therefore, with the awarding of this grant, the District is paying approximately 25% of our costs. S:~3~ORMS~GENDA li~ KEQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM'~Q~ST FORM ALTERNATIVES: Not to accept the grant from the South Florida Water Management District and pay 100% of the project costs from Utility funds. City Manager's Signature Utilities Department City Attorney / Finance / Human Resources CC: Members of the Water Resources Leadership Team, w/o attachments S:~B~ORMS~AGENDA ITEM REQUEST FORM.DOC REsOLuTION R 01- A RESOL-UTION OF THE CITY COMMISSION OF THE CITY OF AUTHORIZING THE MAYOR AND CITY CLERK TO EXECU AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTR[C~[ TO ACCEPT A $300,000 GRANT FOR THE CONSTRUCTION OF AQUIFER STORAGE AND RECOVERY (ASR) WELLS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. the City of Boynton Beach was approved for a grant from the South Florida Water Management District in the amount of $3000,000 under their alternative Water ~ Funding Program, to fund costs assocmtcd with the installation of two treated water ; and WHEREAS, the City Commission of the City of Boynton Beach upon of staff, deems it to be in the best interest of the citizens of the City of Beach to accept the Grant from the South Florida Water ~anagement District and authorizes the Mayor and City Clerk to execute the Grant Agreement;j NOW, THEREFORE BE IT RESOLVED BY TIlE CITY COMMISSION OF CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, rItAT: Section Ii The City Commission of the City of Boynton Beach, Florida hereby accepts the South Florida Water Management District Grant in the amount of $300,000, for of Aquifer Storage and Recovery (ASR) Wells. Section 2: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS o DAY OF November, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commassioner Commissioner ATTEST: City Clerk S:ca/resoGrants/- SFWMD - ASR Wells SOUTH FLORIDA WATER ~N ~AGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach. Flor/da 33406 - 561 686-8800 · FL WATS 1-800-432-2046 · TDD '561~ 697-2574 Mailing Address: P.O. Box 2468( West Palm Beach FL 334164680 · w~v~.sfwmd.gov ADiM 28-06 October 16. 2001 Ms. Dale Sugarman City of Boyaron Beach 124 East Woolbright Road Boynton Beach. FL 33435 Contract No. C-13974 Aquifer Storage & Recovery Wells Dear Mr. Surgerman: Enclosed are two (2) copies of the subject contract. Please have them signed and dated by an individual with signature authority on behalf of your organization. Remm both copies to my attention. ~ fully signed contract will be returned to you upon execution by the District. Kindly remm the executed documents within ten (10) business days of receipt. Please include documentation to demonstrate official delegation of signature authority on behalf of your finn up to the contract monetary limits. Note that this contract is not binding on the parties until it is approved by the appropriate level of authoritj within the District and executed by both parties. Your coopemtian and timely response will be greatly appreciated. Should there be any questions, please contact me au [56B 682-2813. Sincerely, Assoc. Contract specialist Procurement Depanmem ~DLK Enclosure c: w/attachment Patricia Walker. 4350 Go VERNING BOARD EXECUTIVE OFFICE Henry Dean. Executive Director Tradi K. Williams, Chair Michael Collins Patrick J. Gleason, Ph.D., P.G. Lennart E. Lindahl Vice-Chair Hugh M. English Nicolas I Gutiarrez, Ir., Esq. Pamela Brooks-Thomas Gerardo B. Fernandez Harkley R. ll~ornton Recipient: City of Boynton Beach Recipient's Project Manager: Dale Sugerman, Assistant City Manager Address: 124 East Woolbright Road Boynton Beach. FL 33435 Telephone No: (561) 742-6400 Fax No: (561) 742~298 SFWMD!Project Manager: Patricia Walker Address: 3301 Gun Club Road west Palm Beach, FL 33406 Telephone No: (561) 682-6302 Fax No: (561) 682-5302 MANA Contract Number: C-13974 0R Not to .$ · 300~000.00 ~ject ~ Insurance: Not Applicable Federal Employer Identification Number: 59-6000282 Project Title: Aquifer Storage & Recovery Wells Description: See Attachment "A" Contract C-13974, Page 1 of 8 Th,~~ ns,~A"-~ement is entered into between "the Parties", the South Florida Water Management nio*~;~* *~,~ "nistrict" and the undersimaed Applicant, hereinafter rdferred to as the :~;;;;?en[::Y T~ Recipient warrants and r;pre~bfitd that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreem~n,t, and shall abide bv all legal, financial, and. reporting requirements, such as matching funds a~d final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A". and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested.by the District, any supporting documentation utilized as a basis for payment by the District} This paragraph shall sUrVive the expiration or termination of this Agreement. 1.3 The Recipient shall submit to the District, proof of FLDEP an.d SFWMD permit applications prior to September 1~ of the current fiscal year. to ensure timely completion of the project. 1.4 The Recipient shall submit to the District notification of complete permit applications from FLDEP and SFWMD prior to September 1st of the next fiscal year, to dehaonstrate proposed project readiness. Should the permitting element of an application for a construction project not be completed by the District's required deadline, the District will deem the project ineligible for funding. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Construction Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement. the District shall pay the Recipient the funding amount as specified on .front .pa?: Such.am. oun, t is a not to exceed amount and therefore, no additional cons~deratlon shah oe aumonzea. Recipient must provide at least fifty (50) percent of the total project cost. 3.2 The Recipient assumes sole responsibility for all work. which is performed pursuant to Attachment "A" By providing funding hereunder, the District does not make any warranty, guaranty, or an~ rep' re' sentatio-n whatsoever regarding any of the work llerformed hereunder, including but not limited to the adequacy or sufficiency of all or any pa~t of work described ~n Attachment "A". Contract C-13974. Page 2 of 8 3.3 The, Recipient. hereby agrees,that it shall use other sources of funding for all work associated with, th¢~ des(gn and ~pe~mit~ting ~spe~tbl o.f ithe proje~i. DiSt~ct,fund~ sfiai] ionly :be Used for ,cap(tgl ;or infrastm~ure costs, for the, c0nst~tion acti)Afies described m Atiachment~ ','A,". 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The ReeipienI shall,~r,?~,~d~, c~er[ific~ati, On that all construction has been completed in accordance ,aSth Attachment ' A 0f ~his Agreement' 4.2 The Recipient's in~otce shall reference:[he District's Contract Number and shall be sent to the ProJect Manager at the address stated, on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3-The~District 'St~insP~t :all,;,w~ and review final r. eports before:authorization of paYment is m~de:to tbe ~p~t: !, The ~ric~ shalj,PgY the fi~l am0tmt ~31t!~ i~voiCe ~vithin ~k~ (30) days of receipt and~ acceptance, prpvided th~ Recipient ;hgs peffgmed~e wo~ aCgording,~,o the terms and conditions o£ tiffs Agreement. Funding Will be withheld if the: Recipient ~as not sub~tted ro:tui~-e,d repoAxs or met all ,of the admimstrative requirements: 4.4 Upon award of the Agreement. the Recipient shall provide to the District a detailed schedule of the Project and fire M/WBE utilization plan applicable to the construction of thg Project. The Recii~ieO~ shall provide~three (3) copies of progress re orts on a barter bas's ~ the District which ,shgtl d~sCnbe ~e ex!;ent of Project completion and pmCde an~ updated utilization repor~ indicafi~ag th~ ~E fn'ms used on the Projeet,..uP0n reqOeS~ih~ theD~trict the Recipient ~haR proxide as, supporting documentation, all,work ~r0duct;;~aCd w~th the complet/;h Of me ta~ks designated in ihe Work Breakdown stmc~ ~t~.~fi~ab}e Schedule of Attachment "A', attached hereto to this Agreement. 4.5 However. failure by the Recipient to follow the foregoing instructions may result in an unavoidable det~y of paymem by the District, ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement. other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight, relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, retum receipt, requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Florida Water Management District Attn: (Project Manager's Name as stated on the first page of the Agreement) (Address as stated on the first page of the Agreement) Con~-act C-13974. Page 3 of 8 5.3 All notices required by this Agreement shall be 'considered delivered ul~on receipt. Should either Party change its address, written notice 9~uc~h mew gddress shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If Recipient fails to fulfill ~ts obligations under this Agreement in a timely and proper manner, the District shall have the right to terminate this Agreement by g~ving written notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the Recipient falls to'correct the defici~¢cy within this time, the District shall have the,option to terminate this Agreement at the exp~rauon of the ten (10) day time period. 6.2 time to time in part, whenever the District shall detem'dne that such term interest of the District. Any such termination shall be effected by delivery Notice of Termination specifying the extent to which performance Agreement is terminated, and the date upon which such termination becom The District may terminate this Agreement .at any time for converden~e upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from nation ~s in the best o the Recipient of a )f work under the s effective. 6 3 In the event of termination, the District shall compensate the Recipient f r all authorized and accepted work performed through the terrmnauon date. The Dis~ct shall be relieved of any and all future obligations hereunder, including but not limited to, lost pmfi~ damages under this Agreement. The District may withhold all payments such work until such time as the District determines the exact amount due ! 6.4 If either Party initiates legal action, including appeals, to enforce this Agt~ Party shall be entitled to recover a reasonable attorney's fee, based upon thc the services provided. and consequential to the Recipient for the Recipient. nent, the prevailing fair market value of 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terrmnate the Agreement, pursuant to Paragraph 2. above. 6.6 In the event a dispute arises which the Project Managers cannot resolve b~ Parties shall have the option to submit to non-binding mediation. The shall be impartial, shall be selected by the Parties. and the cost of the me~ equally by the Parties, The mediation process shall be confidential ro thc law. ~een themselves, the ediator or mediators iation shall be borne extent permitted by ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: Contract C-13974, Page4 of 8 A.:Maintenance~ot~ Records. Tl¢~e Recipiem shall maintain all financial and non-financial records and .~epo~s ~.fly:~. !~adirecfiy ~lat~d to the negotiation or P~ffqrmance of this AgreemEnt, including suppdrting docUmentation for any ~ervice Pates. exP$nses, research Or. reports. Such records shall be maintained and made available for inspection for a period of five (5) years from com. p~ting~p~fforma~ce and receiving final.p.ayment und~ this,Agreement. B. Examination of Records. ~The District or its designated agent shall have the right to examine in accordance With generally aeeep[ed g0vemmentat'.~mdifi:ag; standards all records directly or indirectly related to this Agreement~ Such examination may be made only within five (5) ~ears from the date of final payment undertthis.Agr~n~e!~t ~,a/~ ~d.upon reas0,~m~ !e:txoti~e5 time.and;place. C~ Extended A~ailabiljt~::of Re'Cords fo~ Legal Disputes. ~In~the event that-the District should bec0m¢ in¥ol~ed ~n a legal dispute w~th a:tl~jr6 party ~sing fr0m p efta ~rr~mn. ce under this Agreement unffi ~e final :disposition of the legal dispute, and all~such mcoi:ds.~S~[~made readily available to the District. ARTICLE 8- STANDARDS OFCOMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient. upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of th/s Agreement. In the event it is necessary for either partyto initiate legal action rega~dingthis Agreement. venue shall be in the Fifteenth Judicial Circuit for claims under: state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the pmvis~ons of Chapt~ [19. Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and:related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law. shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature. the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race. color, creed, national origin, handicap~ age, or sex, from participation in. denied the benefits oL or ~s otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. Contract C-13974. Page 5 of 8 ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities For value Yeceived, whic.h is hereby acknowledged~ the Recipient shall ~,fend, indemnify, save. and hold the District, its agents; assigns, and employees, harmless from any and ail claims or causes of action, including without limitation, all damages losses, liabilities. expenses, costs, and attorney's fees related to such claims, resulting fro: any negligent or ir/tentionai-act or omission, or the violation of any federal, state, or local I~ w or regulation, by the Recipient, i~s subcontractors, agents, assigns, invitees or employees in connection with this Agreemerit. The Recipient further acknowledges that it' is sol,~ly responsible for ensuring: its compliance and the-compliance cfi its subcontractors, agen s, assigns, invitees and employees with the terms of this Agreement. The provisions of thi ~ paragraph survive the termination or expiration of this Agreement 9.2 The following shall only apply if the work is being performed on District The Recipient shall procure and maintain, through the term of this Ag reement, insurance coverage reflecting, .at a minimum, the limits and coverage conditior s identified on the District's Certificate of Insurance. attached and made a part of this Agreem.ent. The coverage required st~all extend to all employees and subcontractors of 1 he Recipient. The attached District's Certificate of Insurance shall be completed in full. indicating the producer, insured,, carriers name and Best rating, policy numbers and effective and expiration dates of each :type of coverage required. The Certificate shall be signed by the insurance carder's authorized representative. ARTICLE 10 - M/WBE COMPLIANCE 10.1 The Recipient shall take all necessary and reasonable steps to achieve and maintain the M/WBE target for this Agreement, and ensure that minority-owned enterprises have the maximum opportunity to Compete for and perform under the construction of the project. The Recipient shall submit a copy of the Finai M/WBE Utilization Report with the finai invoice. See Attachment "B". ARTICLE 11 - RELATIONSHIP BETWEEN THE PARTIES 11.1 The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any mlationshilSother than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractom, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. 11.2 The Recipient shall not assign, delegate, or otherwise transfer its rights forth in this Agreement without the prior written consent of the Di~ assignment in violation of this provision shall be void. 11.3 It is the intent and understanding of the Parties that this Agreement is so the Recipient and the District. No person or entity other than the Recipier Contxact C-13974, Page 6 of 8 nd obligations as set rict. Any attempted ely for the benefit of t or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third- party beneficiary or o[berwise. ARTICLE 12 - GENERAL PROVISIONS 12.1 Notwithstanding any provisions of this Agreement to the comrary, the Parties shall not be held liable for any failure or delay in the-performance~ of ~this 12.2 In the event any provisions of this A~meffi shall conflict) 6r a,lypear t0 conflict, the Agreement,~.:~n~cludi,ng all Atmchments~. ~d a~l~ 40~unLe~,t~. ~,spocif~¢~ly i~ng~rp0mted by reference, slsall be interpreted as a Whole to resolve any inco~sistericy. of i~s rights or remedies, nor shall obligations strictly in accordance with the terms of this of any any subsequent No wmver shall be Such not be deemed a waiver of any other unless the writing states otherwise. waiver 12.4 Should any term or provimon of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hm'eof, by force of any statute, taw,.or ruling of any forum of competent jurisdiction, such invalidity shall not affect any Other term or provision of this Agreement, to~ the extent that the Agreement shall remain operable, enforceable andin full force and effect to the extent permitted by law. 12.5 Tb_is Agreement may be amended only with the written approval of the Parties. 12.6 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations,, statements_ negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreeraent: The Recipient recognizes that any representations, statements or negotiations made by. District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors ~n interest. Contract C-13974. Page 7 of 8 IN WITNESS WHEREOF. the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENI DISTRICT. BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director Date:. Recipient's Legal Name: By Authorized Official: Title: Date: Construction Project Start Date: ~W~ Proc~l~nt approved: Conlract C-13974, Page 8 of 8 ATTACHMENT "A" Attachment "A" Detailed Project Description 1. Introduction The City of Boynton Beach operates two surficial well fields and combines production of two water treatment plants (WTPs), the East WTP and the West WTP, to generate its drinking water supply· South Florida Water Management Di{,trict (the D~ rtl.ct) ~sued,a War,er Use Permit (WUP) (permit No. 50-00499-W) for grou_ndwater prodi~chon tromthe City s two well fields: the East Well Field and the West Well Field. The p~rfnit allows the City to withdraw groundwater from the Surfidal Aquifer at an average rate of 14.6 million galions per day (mgd), with maximum daily Withdrawals peaking at 20.4 mgd. Exhibit 1 provides a location map of City's WTPs and well fields. The City's East Well l:ield contains 20 active wells completed into the Surficial Aquifer. The wells range in depth from aPProximately50 to 275 feet and provide water of high quality. Because of it~ proximity to the Intracoastal Water Way~ this well fieldls ~mlnerabte to ~alt- water intrusion. The City's East WTP, located:0n Se~cresLBoulevard and Woolbright Road, treats groUnd~va~er from the East Well Field using lime softening, sedimentation, filtration, and chlorination PriOr to d/stributi0n:to the residents. This W'IF has the ~aPaci~ to treat 19 mgd; however,.the City limits pumping from the EaStwell field-to prevent saltwater intrusion, so the plant only averages approximatelY 5 mgd. The City's West Well Field consists of seven operational wells and an additional four wells not vet placed into service. Thewolla are c0m~leted at approximately 13~ feet deep into the inte~e~c~iate, zones of the Surfiei~ AqUifer. S~tch:depths t pically yield greater flows, but produce water with,higher c0ncerttrations of dissolved ~erals and color. The West Well iris!d, because of its distance from the salt water ~ource and proximity to fresh water cartals, is less vulnerable to salt water intrusion. Gr6tm&water from the City's West Well Field is pttmped to the West WTI~ located omBoynton Beach Boulevard lust wes~ of Military Trail. This plant uses membrane treatment to remove high concentrations of rntinerals and color from the groundwater. In 1992, the Ci.ty constructed an Aquifer Storage and Remover,/(ASR) well at the East WTI~ to meet drinking water needs during periods of high demand, including drought conditions. The ASR well, placed into service in 1994, proved to be a val table resource to balance water c~emand and water supply; it stores up to 230 million gall, ms of treated drinking water during periods of low demand and high water availabili '. The water is then recovered from the well at rates of up to 2 mgd during periods of high d mand or drought conditions. Currently, the City ~s recovering water from the ASR well to xelp meet drinldng water demands and to reduce groundwater purnpage from the East We'~ [ Field. An additional two ASR wells are PrOPosed for construction at the .Eas.! !~/TP to au.gI~., ent.thoe~ City's ASR capacity· The AS, R wells will be operated in a manner simila~ to the erastmg ,q~m well, storing treated water during low demand periods amd recovering-Nater during high demand periods or drought. Con~-act C-13974. Attachment "A" Pa*e l of l0 z :F_AN RIDGE EAST WTP DELRAY BEACH REAM 03-28-01 162966.GE~,2966GEF1 .DWG Exhibit 1 Water Treatmen'~ Plant. s and -~i Well Fields Location Map r~.12MHILL Contract C-! 39?4. Attachment: "A". Page 2 of !0 Increased ASR well capacity will decrease the City's dependency on the East Well Field during dry periods when the potential for salt water intrusion is greatest. The City is also looking at logg-range alternative water supplies and considering converting the East WTP from lime softening to membrane treatment in the future. If the City decides to implement this shift In treatment technology, it will likely convert the ~SR wells to Floridan Aquifer supply wells, thus further reducing the City's dependency on the Surfioal Aquifer for drin!-Sng water supply. 2. Scope of Work The scope of work proposed for this District cost-sharing project i~. the cons ,t]ruc~ion of ,t~,.o new ASR wells at the East WTP. Prior to construcffng the ASR wells, grotmdwater moctem'rg will be condUCted to simulate and predict potential hydraulic impacts of operatirtg a multi- well ASR system. The modeling data willbe used to desZgn an ASR wellfield configuration that will maximize recovery efficiency while accommodating the effects of hydraulic interference between tiae ASR wells. The low bid well contractor willbe required to: · Drill pilot holes to designated depths · Ream pilot holes and install casings at selected depths · Cement casings in place · Conduct geophysical logs · Record background water levels · Collect well cutting samples · Conduct step drawdown tests · Conduct specific capacity tests · Collect background water quality data · DisInf.2ct the completed ASR wells Two casings will be installed: a 34-inch outside diameter steel srrrface casing to approximately 400 feet and a final 24-inch outside diameter steel casing to approximately 800 feet. Upon completion, the contractor will cap each well. The total depth of the well is anticipated to be approximately 900 feet. E~hibit 2 provides a conceptual diagram of the proposed ASR wells. 3. Work Breakdown 3.1 Project Elements Prior to constructing the ASR wells, groundwater modeling will be conducted to simulate and predict potential hydraulic impacts of operating a multi-well ASR system. A three- dimensional MODFLOW model of the upper Floridan Aquifer for the East WTt~ site will be developed. Contract C-13974, Attachment "A". Page 3 of 10 3 200 - 4OO 60O 800 -- 1,000 42" 900' CEMENT 800' - 03-28-01 Exhibit 2 [- ~r ASR Well Com[~leUon Diogrom CH2MHILL 162966.GE~2966GEF-3.DWG Contract C-J 3974. Attachment "A". Page 4 of l0 Data from the orig4nal ASR wel/construction, current ASR operating data, and antidpated operation of a multi-well ASR system will be used to develop the model, fi'he objectives of this model are to: · Evaluate the water level response and well interference associated wi~ different ASR layout configurations. / · Develop an A~SR system configuration that will maximize recovery efficiency" of a multi- well ASR sysrerru · Identify and ~e any potential negative impacts a multi-well ASR system may have on pumping heads. The moc[el will then be calibrated to ASR pumpage rates and Water ievels ol~tained from the City. A sensitix4ty.analysls will then be performed upor~ the calibrated r~ odel prior to running predictive pumpage simulations. The output from MODFLOW will then be anadyzed by MODMAN to de :ermine the optimttm well~si2acing and pumping rates based ?r~ ~re-dete~.ed cn~ .fla. The results of the MODIv~AkN simulations will be then used to develop the multi-well, ~SR system configuration. The configuration will specify well separation distances a xd in~iividual ASR well operating capacities .that will maximize the benefit of the[ASR we~I~ to the City. Modeling d~t~.~ also be used to support constructiOn pe~t applicafl, lon~ for Florida Departm~er~t of ~E~vi/rovanerrtal Protection (FDEP) and Palm Beach Co~.m~y Health ' Department (PBCHD)C6nstruction permits for the ASR wells. ' Theweli construction design will be based on data collected during the Construction of the existing City'si ASR well. However, the precise depths drilled and casin setting depths will be based on actual field conditions at each well. The drilling contractor willbe required to mob~li~e to the~ site with equ ~ment capable of constructing a 24-~r~ch well to a depth of appro×imately 900 feet below 1 md surface (bls). Once. m0h~afion is complete, a t2-inch pilot hole will be drilled to a d, ~th of 400 feet bls so that geophysicallogs can be performed. Geophysical logging is the n asurement of physica! pr~6rties that can be interpreted in terms of the hydrogeologi characteristics of the strat~ penetrated by the well. Logging se~'vices planned for this stag .~ of construction inclu~t~: ~atural gamma ray; spontanedus potential, caliper, and dual-ir duct/0n. While d~gi:~tting samples w~ill be conected'and described for correlation :o the geophysical logs. This information allows an accurate ptcture of the subsurface strata to be developed. Foti,c, wing an interpretation of thc vilot hole data, a casing deE-.. will be determined and th reaming of the pilot hoIe will take place. For this project, .the reamed ho~es, thro. ugh the sturficial aquifer will be 42~inches in diameter and are anttopated to be drilled to approxh-nately 400 feet bls; A 34-inch steel casing will then be installed ~md cemented to land surface using neat cement. After allowing 24 hoUrs for the cement to cure; the cement plug at the base of the casing will be reamed out, and pilot hole drillin~ will resume to a depth of approximately 900 feet bls. GeoPhysical logs will be performed again (natural gamma ray, spontaneous potential, caliper, dual-induction~ borehote c~mpensated somc, temperature, fluid resistivity, and fluid velocity) and will be correlated to the cutting samples and a cashes depth'selected as descn'bed above. The pilot hole will the~ be reamed Contract C- 1397gt. Attachment "A-. Page 5 of t0 5 to approximately 34 inches in diameter, to a depth of 800 feet, before setting a bridge plug and installing and cementing the 24-inch diameter steel casing. This casing will be installed into the top of the Floridan Aquifer to isolate the clay interval that separates the Floridan and surficial aquifers. After cementing the final casing, the bridge plug Will be dri~ed and the hole will [O A moire compl~e deserip tion of the project: on a task by..task ha~is iz p~o~ded in Attachment 1,. Projee~Reaxiiness ~. 3.2 Project Justification anc ysis the located in ~ to salt water intrusion as qua~tyof .~ East :obe ~o~d result in a szgnfficant ~eab~ent at ASR wells could potentially be o5 s~.~canfly reducing the DFB~162~9.DOC Contract C-13974. Attachment -A", Page 6 of t0 3.3 Potential for Significant and Long Lasting Benefits Construction of the A~R wells will provide many benefits to people of BoyntOn Beach. The project will have multiple benefits, as outlined below: · Reduced pumping from the East Wellfield during high demand and/or drought periods will reduce the poss~ility of salt water intrusion into the well field. · Storage of large volumes of treated water reduce the need for well field expansions to meet peak demands. · Groundwater that would otherw~.be 10st to regional g_r_ oundv~ater flow w~ be captured, treated, and stored to meet peak demands and reduce pumpage from the East Wellfield during high demand and/or drOught conditions. · Recovery of stored water will allow operation of the East WTP to be flatlined even during peak demaxtd periods. 4. Location of the Project The location of the wells to be constructed is the East-.WTP at the southeast comer of Seacrest Boutevard and Wooll;right Road in Boynto~ Beach, Florida. E.x?'bit 1 provides a location map of the project location.~The physical acid~'.~ ~Ss of the project location is 124 E. Woolbright Road, Boynton Beach, Florida. 5. Deliverable Schedule As shown on Exhibit 3, the design for this project beg.;.~ in March 2001 and is anticipa.t, ed to be complete by the end of May 2001. At that time, c~truction permit applications willbe submitted to the appropriate ~egulatory agendes I~ anticipated that the permits will be e.?proved by the end of Janua.ry 2002 (an 8-month period), ~md willbe r~ady to proceed v~ith bidding and award of the project, which is anticipated to be completed by the end of March 2002 Ia 2-month period). Each well is estimated to take approximately 75 days to construct, for a total of 5 months for construction of both ASR wells. Completion of the project will be well within the District's 12-month r~q.uirement for fundi~ g. As shown, the project will be completed within 1 year of the construction project start date. Contract C-13974. Attachment "A". Page 7 of ] 0 7 Fiscal Year 2001' Fiscaj,~ar 2002 S~MDGrantProcurement Bi.Award *South Florida Water M~nagementDist~ict~s:FiscaL~ear runs from Octobe~ li.~h~rOugh Septemher 30. Exhibit 3 Project Implementation Schedule CH2MHILL M/WBE Utilization Plan Munidpal utility projects'are required to be competitively bid. To address M/WBE participation, appropriate contractors from the SFWMD-approved M/WBE list will be solicited to participate in the bidding process for this project. This will provide the maximum opportunity for a M/WBE contractor to compete in the bidding process anct potentially provide a low bid for the ,project (resulting in 100 percent participation,) A record willbe kept of. the contractors responses to 'the initial solicitation and will be forwarded to SFWMD for its records. . . Additionally, at the time_of bidding for ~e project, a stipulation will he iricluded in the COntract d0~x~ments that reqilests the low~bid contractor to provide for 12 percent parh'c~patiofi of M/WBEequalified subcon~actors who will be able to con~n.'bute to. . components of the project. '!t is the intent Of 2he City of Boynton Beach to give conssderation [o al] M/WBE,cOntractorsqualified to conduct the work described inthe ~ork scope. The City is reco~ed as an equal opportunity work place that maintains a balanced work force. OFB/16289.DOC Contract C-13974, Attacnmem "A", Page 9 of II0 9 Funding Proposal The City of Boynton Beach is committed to the construction of two additional ASR wells at Lhe Eas~ EXHIBIT 4 List 01' Milestones/DetNerables and Cost Sharing for the Boynton Beach ASR Wells Milestone Deliverable Estimated City of Total Cost Boynton Beach Cost SFWMD Estimated Cost Completion Date Engineering Preliminary ASR well design Final ASR well design Permitting Bidding and award Services during construction Project documentation Construction ASR well construction (2) Preliminary $10.000 $10,000 $0 4/15/01 Design Drawings Well specifications $10.000 $10,000 $0 5/31/01 and contract documents Construction $30,000 $30.000 $0 1/31/02 Permits Notice to Proceed $6,500 $6,500 $0 3/31/02 Weekly Progress $120,000 $120,000 $0 3/31/02 Repo~s Well Completion $28,000 $28.000 $0 9/30/02 Reports 3/31/02 Progress Repor~ $2.000.000 $1,750,000 ,T,233.3,CC 3/31/02 Total Estimated Costs $2,204,500 $1,954,500 DF~16273.DOC Ccmtract C- I3974, Attachment "A", Page l0 of 10 ATTACHMENT "B" · Schedule of Subcontractor/Minority Business Enterprise (M/WBE) Participation · FinalM/WBE Utilization Report Attachment "B" SCHEDULE OF SUBCONTRACTOR/MINORITY BUSINESS ENTERPRISE (M/WBE) PARTICIPATION CONTRACT #: PROJECT LOCATION: PRIME CONTRACTOR: CONTACTPERSON: DATE FORM SUBMITTED: PROJECT START DATE: ADDRESS: TELEPHONE#: ( ) FAX#: ( ) $ $ $ African Amerlnan A- Asian American Hispanic American F - Female Native American N/A - Not Applicable °/'o T.b~ ' ' ~[~ ~ E I-co s tea~e ~e~en~ tio ~e i ~to- I~e ;tic th tt bid ' ,~-~.'~ .. ~ ~ .~.t~!~t~ ...... ~ [~ ,~]~ ~ ...... ~=(J~,, .. ~ ~1~ F t~ ~ ,h~ l~de~bell~es such M~BE to be technically a~d fi~e~gi~ q~J~f~d-~nd.~a~a~able, to.p~dorm.the wo~k described. Bi~ders are advi~ed~that the inform~tie~ ceflt~i~ed hemin maybe verified . ce~l~ thet the above In~rmatlon Is tree to the best of my knowledge: Signature ~e ................ ~ ~ FINAL M/WBE UTILIZATION REPORT Submit With Final Invoice CONTRACT NO.: PROJECT NAME: DATE FORM SUBMITTED: PROJECT COMPLETION DATE: PRE~IE CONTRACTOR: CONTACT PERSON: WORK PERIOD ENDING: TELEPItONE #: ( ) FAX#: ( ) SUBCONTRACTING INFORMATION A list of all M/WBE firms used on the project must be submitted with the Final Payment Request (This copied) Original Total Subcontractor Address Description of Work Sub-Contract Amount Gender Race Ethnicity Amount Paid m F A B W* Il N TOTALS $ $ r "Total Amount Paid" is less than the "Original Subcontract Amount, provide an explanation for the variance. certify that the above information is true to the best of my knowledg *Use "W' Category for White Females Only. Signature Title Date *** DOCUMENT MUST BE PROVIDED TO DISTRICT'S OFFICE OF EQUITY IN CONTRACTING *** Attachment "B" Requested City Commission Meetin~ Dates [] July 17,200l [] August 7.2001 [] August 21,2001 [] Scptomber 4, 2001 NATURE OF AGENDA ITEM VI.-CONSENT AGENDA ITEM C. 10. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Ci~ Clerk's Office luly 5, 200I (5:00 p.m.) July 18.2001 (5:00p.m,)' August 8, 2001 (5:00 p.m.) August 22. 2001 (5:00~,m.) Requested City Commission Meetin~ Dates [] September 19. 2001 [] October 2.2001 [] October 16. 2001 [] November 6.2001 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] Legal [] Bids [] Unfmish~ [] Announcement [] Presentat [] City Manager's Report RECOMMENDATION: Motion to approve a Resolution authorizing the transfer/appropriath $250,000 from the Reserve for Future Appropriations Account to the Police Regular Salaries acc, EXPLANATION: Ratifications of the negotiated police union agreements necessitates the trams additional fimds for wages amd benefits, Dare Final Form Must be Turned in to City Clerk's Office September 5. 200 t 5:00 p.m.) September 20. 2001 (5:00 p.m.) October 3,200! (5:00 p.m.) October 17, 2001 5:00 p.m. Development Plans New Business d Business an of funds in the amount of ~r/approphafion of PROGRAM I1VIPACT: FISCAL IMPACT: $250,000 would be deducted from the Reserve for Future Appropriations Account (No. 002-1211. 512-9903) amd transferred to Police Regular Salaries Account (No. 001-2110-521-1210). ALTERNATIVES: Departme~ Head's Signature City Attomey Department Name City Manager's Signamre fCi~'~A~omey Finance. Human Resources S 5BULLET1NXFORMSkAGENDA ITEM REQUEST FORM.DOC RESOLUTION RO 1- A RESOLUTION OF THE CITY COM2MISSION OF THE CITY OF BOYNTON BEACH. FLORIDA, AUTHORIZING THE TRANSFER APPROPRIATION OREr FUNDS IN THE AMOUNT OF $250,000 FROM THE sERVE FOR FUT~ 'APPROPRIATIONS ACCOUNT TO THE POLICE REGULAR SALARIES ACCOUNT FOR WAGE AND BENEFITS FOR PERSONNEL; AND PROVIDING AN EFFECTIVE DATE. ~WHEREAS, ratification of Collective Barga/~ng Agreements necessitates the transfeffappropfiati0n o{ ffdditl~fi~[fuffi~s .for w~fg~s und'b~nef~ti~ and WHEREAS, the City Commission .deems it appropriate to transfer the s.u~90~f $250,000 from the Reserve for Future Appropriations Account (No. 001-1211-512- ) I lto the POlice Regular. Salaries Account (Nol 00i-2110,521-1210); NOW, TttEREFORE, BE IT RESOLVED THAT: Section 1. The City Commission of the City. of Boymon Beach, Florida authorizes and directs the Finance Department to transfer the amount of $250,000 from the Reserve for Future Appropriations Account (No. 001-121.1,512-9903) to the Police Regular,Salaries Account(No. 001-2110-521-1210), for wages and benefits for personnel. PASSEl) AND ADOPTED tltis __. day of Novamber, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner kTTEST: City Clerk Requested City Commission Meeting Dat¢~ [] July 17. 2001 [] August 7. 2001 [] August 21.200I [] September4. 2001 VZ.-CONSENT AGENDA ITEM D.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Fhaal Form Must be Turned m to CiW Clerk's Office July 5,200t '5:00 p.m.) July I8,2001 (5:00 p.m.) AugustS. 2001 (5:00p.m.) Augum 22.2001 (5:00 p.m.) Requested Cid Corrmaission Meeting Dates [] September I9,2001 [] October 2, 2001 [] October 16,2001 [] November 6. 2001 Date Final Foma Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20. 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) / October 17. 2001 (5:00 .p.m.) NATURE OF AGENDA ITEM [] Admkfistxative [~ Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business cD [] Announcement [] Presentation -~. [] City Manager's Report -..4 RECOMMENDATION: Please place this request on the November 6, 2001 City Commission Agenda.trader?:: :~: Consent Agenda. The Planning and Development Board with a unammous vote recommended that the subject re~est 15~ ~ approved, subject to staffcomments, the modification of comment #23 to allow the unification ol~parcels prior to~na~ a certificate of occupancy, and a new condition requiring approval by the Quantum Architectural ~eview Commfittee. Yo~: will recall that the City Commission, during their initial review on October 16th, added a condiri~n to the developmemt order requ/ring the review and approval of the Quantum Park Architectural Review Committee on or b~fore October 22nd, otherwise die project must remm for further recommendation by City Commission at their November 6th meeting. Staffis reserving this place on the agenda in the event that this condition is not met. If the condition is met, the item would then be pulled from the agenda. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-209. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: GATEWAY CROSSING (QUANTUM PARK) Neil Gaeta Boynton Industrial Realty Corporation Lots 81 & 82 Quantum Corporate Park Request for site plan approval to build an 87,375 square foot saip retail center on 9.3 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNAAT~/:ES: N/A Development ~ep~n~ Director Pla ' ,, & Zoning I~rector City Attorney / Finance / Human Resources S:XPlanning ~SHARED\WP~P KOJ ECTS \Quantum-Gateway CrossinghNWSP~Agenda Item Request NWSP Gateway Crossmg. Quantom.dot City Manager's Signature S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC - {E CITY COMMISSION OF THE ' FLORIDA PROJECT NAME: Gateway Qr~ossing APPLICANT'S AGENT: Nell Gaeta APPLICANT'S ADDRESS: 3555 North ake B vd Pa m Beach Gardens, FL. 33403 DATE' OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2001 TYPE OF REL EF SOUGHT Request to construc, t 77,375 square feet of strip commercial center and two (2)'-5,000 square ,foOt restaurants,with Ohe~ (11 drive thru lane on 9:39 acres. LOCATION OF PROPERTY: Lots 8~ &82 Quantum Corpora[e Park DRAWING(S): 'SEE EXHIBIT "C" A'PCACHEB HERETO. X- THIS MATTER came before the City Commission of the City of Boynton Beach, Florida ~ppearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board,, which Board found as follows: OR THIS MATTER came on to be heard before the'City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made,by'the Applicant in a manner consistent with the requirements of the City's Land DevelopFnent Regulations. The Applicant HAS , HAS NOT established by substantial competent evidence a basis for the re ef req Jested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as se[ forth on Exhibit "C" with notation "included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the properly shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SfdARED\WP\PROJECTS\Quan urn-Gateway Crossing\NWSP\Develoa. Order Forr~-2001-Revised.dOC EXHIBIT "C' P~ROVAL CONiMTIONS OF ~ ,,~: NEW SITE PLAN Project name: Gateway Crossing File number: NrwsP 0 I-013 Reference: 2nd review ~lans identified .Plannthg and Zoning Department date ~tamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Co.m~ents: X PUBLIC WORKS - Traffic Comments: 1. Staff has learned that the developer intends to use the most southern X driveway for commercial track deliveries. In order to accommodate this type of vehicular activity, the developer has agreed to insert a corrugated ' concrete median to allow for commercial (truck) traffic only onto High Ridge Road, with appropriate signage at the south driveway entrance to read "Truck Delivery Only". ~ UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: 2. These permits include, but are not limited to, the following: paving, X drainage, clearing & grubbing, excavation & fill, curbing, site lighting, landscaping and irrigation. Permits required fi-om other permitting agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWM_D), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Conditions of Approval DEPARTMI~NTS INCLUDE REJECT Depmhrtent (PBCED), Palm Beach County Department of Environmental. Resourc~e Manag~en~'(PBG~-ERM)~a.nd anyoth~s, s,hall, be.h~c,~ud~d:~sth . the permit request. -, -. , . Show all existin~ natural features, utilities and elevations on site X- · ch~t~sfics-x~ap (Survey) and Site Development plan (LDR, Chapter 4, See~on A). 4. $!~oti~ele~mions e~isting and. proposed provided orl~e p.a..vi'rig,. ~adj.ng & cl};ihage plan:are iiiadequat¢ ~o adequately d~termine flow pat~ms ' a dam for site draina e as s ecified in the LDO., ~hapter 6 5 Provide drain ge. ~ g p ~ S ~v ~m d revert elevations for al/rrmnlxoles, and catcl~ basins. Indi¢~e, by note and vvath details, that all catch basin and man~oie covers ~biey¢le proof (LDR, Chapter 5, Article IV, section 6. Provide data of urrderground s0il conditions CLDR, Chapter 6, .Article IV, X Section 9). . '7 lndi~ate in vour re~nonse whether fill material will be imported for this site. X If so{ an Excavatio~ill p~nit will be required (LDK, Chapter 8). 8. Label the "Point o~ Commencement" (see comments on plans). X 9. Label the west lineiof Section 16 (see comments on plans). X 10. Basehne of surveyishould be shown as an interrupted line, and show bearing X on b~eline (see co~mmen(s on plans). ,¢ .- . x ' e from the baseline to the Point of Beginning; the Point I 1. Co t the distan of ~ginning is incorrectly, labeled, as the NW comer of plat, should be the NE 8omer. . 12. The, easterly line ~of the plat, also the westerly right-of-way of the CSX X " 11 Rai~oad shall be ~own in the sketch and correctly labeled as Seaboard A Florida Railway" ~ght-of-way. t3. The~: legal deseripU~on for the subject property is written as Lots 81 and 82, X raikoad less the CSX r~ikoad right-of-way. The CSX right-of-way des~otion exten~ beyond the boundaries of the subject property. The legal desenpt~ y ion needs to~ be amended to properly describe the lessened portion. It may be useful to p~:esent information in a tabular form. 14. Label the southerly plat hne. . X 15. La~el the northerly pla hne. DEPARTMENTS ~ ' · -' ' ' " ' ~ INCLUDE REJECT 16. The letter "D' in the curve information should be replaced with a "A". X 17. Increase the lettering size on the plat for legibility. X 18. Indicate which edition of the FDOT Standard Specifications for Road & Bridge and Standard Index is to be used - the 2000 Specifications are X recommended since they have both English and Metric units 19. Indicate the current version of the Manual on Uniform Traffic Control X Devices in the paving and drainage General Notes. 20. Indicate which type curb is to be used (Sheet L-2 of 3). Provide a detail of X the curb. 21. Provide additional Information/instructions regarding water/ng for plant X establishment and water restrictions. BUILDING DMSION Comments: 22. Add to the site plan drawing all existing easements that are shown on the X survey. Also, add all proposed easements. The location, type and size of the easements shall be shown and identified on the site plan. Where applicable, amend the plans so that structures do not encroach into an eascrnant. 23. At time of permit review, provide a completed and executed City unity of X title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The property owner that is idantified on each deed shall match. 24.. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 25. At time of permit review, submit a copy of the recorded resolution that ' X verifies the abandonment of the alley, right-o~wa¥ or easement. 26. To properly determine the impact fees that will be assessed for the project, X identify on the site plan if the restaurant is a high quality, eat-in high turn over, or fast food with drive-through type of restaurant. Also, identify on the site plan the number of existing seats, number of new seats and the total number of seats provided. On the floor plan, chronologically number ail seats including those seats that are around the bar. 27. At t/me of permit review, submit for review an addressing plan for the X project. Conditions of Approval DEPARTMENTS [ INCLUDE_ REJECT PARKS AND RECREATION CommentS: . . ' ' ' : 28 Submit detailed irrigation plans for right-of-way landscape and site work imPrcCements'durin[g the constmctmn document perrmtt~ng stage, for review,~ and approva~ by the Parks Department staff. . Include on the plan, OhO anvex~,mag~onmthenght-of-~aY,, ~ ,,*. · Comments:I 29. The applicant must provide a tree survey, indicating the quantity of.desirable ~ existing trees ~hfcti Wi]~l:be preserved~ rel0cated or removed / replaced on . the site. This tree survey should be correlated with the notes on page L-1 of i PLANN]N~ AND ZONING Comments: 30. The ~urvey cannot be old~ than s~x (6) months at the Ume of stte plan X submission. 31. The t~vo (2) restaurants are subject to site plan reviews( and will require X separhte site plan and landscape plan submittals. Eliminate the designation of these restaurants as "outparcels '.. 32. Pro,de cross access agreements if necessary, where there are multiple X owners between the bbJ]di~s. Provide cross parking agreements ~f necessary, where there are multiple 33. ~ _ . . . owners between the bmldmgs. 34. The Site plan must identifY the Quantum Park DKI master plan Land Use for X the subject property. .: 35. The total numb~ of:parking spaces provided in the tabular data does not X matC~ the graphic represen~ati0n on the sit/plan or photonietric plan. The tabular data indicates 498 parking spaces are provided but the drawing only shoves but 495 parking space . This discrepancy between the two must be corrtcted. ! X 36. Incltide a color rendering of all elevations prior to the Planning & Development Board meeting (Chapter 4, Section 7.D.2.). X 37. Subgut a color sample / swatch of all ma. or exterior lqni~hes. Each sample DEPARTMENTS · '.r ,. - , IBICLUDE REJECT and / or elevation shall include the manufacturer's name and color code (Chapter 4, Section 7.D. 1.). 38. ProcSde as part of this application, conceptual elevations of the two (2) X future stand-alone restaurants to ensure fu ~tgr~ e architectural compatibihty with the main commercial/retail building and the P.I.D. 39. Provide a detail of the proposed monument sign, including exterior X dimensions, sign area, materials, and colors. The monument sign must be at least ten (i0) feet from the property line and meet the Quantum Park master sign program, including the site address. 40. The dumpster enclosure shall resemble with respec~ to the color and X materials, the demgn of the principal buildings and shall be integrated with other site elements (Chapter: 9 Section 10 E 3.). 4 i. All above ground mechanical equipment such as exterior utility boxes, X meters, transformers, and back-flow preventers shall be visually screened with landscaping / hedge material (Chapter 9, Section 10.C.4.). 42. Landscaping at project entrances shall contain a minimum of two (2) X colorful shrub species on both sides of the entrance and a signature tree (Chapter 7.5, Article II, Section 5.N.). Note that signature trees do not contribute toward the total number of required perimeter trees or parking area interior landscaping. (Chapter 7.5, Article 1I, Section 5.G.). Provide two (2) additional signature trees~ such as Yellow Elder, Tibouchina granulosa, or Bougainvillea at both project entrances. 43. Sculptures, fountains, gardens, pools, and benches shall be encouraged X within the site design (Chapter 9, Section 10. H.). 44. On the landscape plan, change the "MC" symbol to "CI" so that there are X not multiple symbols for the Red Tip Cocoplum. 45. On the site plan, show the circular landscape "cut-outs" that are proposed in X front of the building as shown on the landscape plan. 47. The supporting columns, archways, and changes in the building facade X depth shown on the elevations do not relate to the floor plan or site plan. Include these elements on all plans so that they all correspond with each other. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 48. Change to number 23. Prior to issuance of certificate of occupancy, provide X a completed and executed City unity of title form. The form shall describe all lots, parcels, or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The property owner that is identified on each deed shall match. Conditions of Approval 6 DEPART1VIENTS . INCLUDE REJECT 49. Project must be approved bY the Qi!antut~ Architectural! RevaeW'£ommittee'; ADDITIO;NAL cITY COMMISSION CONDITIONS, Comments: . 50. Gateway Crossing Site Plan project must be approved without X noi al~prove by Octoper 22, 200t this appro¥~I bY the;~iilf as reco ~ ~tl/lmendatton at,the- Ci~, Corn m~s sm~m~!mg~0f 1513~{mt~ er(,6~, 200 ..... ; - MWRJsc ~i S:\P anning\SHARED\WP\PROJECTS\Ouantum-Gateway Crossing\NWSP\cond of approy~al,~001 form.doc DEVELOPMENT DEPARTMENT MEMORANDUM NO, PZ 01-209 SITE PLAN REVIEW STAFF REPORT -PLANNING- AND DEVELOPMENT BOARD AND CITY COMMISSION October 2. 2001 DESCRIPTION OF PROJECT Project Name/No.: GATEWAY CROSSING/NWSP 01-013 Property Owner: Boynton Industrial Realty Corporation c/e J.P. Morgan Fleming Asset Mgmt. Applicant/Agent: Nell J. Gaeta / Gaeta Develc 2ment Corporation Location: Lots 81 & 82. Quantum Park. a P.LD. Land Use/Zoning: Office-Industrial-Commercial (CIO) / Planned Industrial Development (PID) Type of Use: Retail, Fast-Food Restaurant with a drive~thu lane, and Restaurant Project size: Site Area: 9.39 acres (409,036 square feet) Building Area: 87,375 sq Jare feet (21%) Adjacent Uses: (see Exhibit "A" - Location Map) North Gateway Boulevard right-of-way, and farther north vacant, zoned PID; South - Carmax, zoned PID; East C.S.X. Railroad right-of-way, farther east ~terstate 95 right-of- way; and West Mobil Oil Corporation, zoned PID. Site Characteristics:The subject property is a rectangular-shaped tract o~ undeveloped land, composed of two parcels. Parcel 82 occupies the north6~rn half of the subject property, and parcel 81 occupies the southern half of tne 3roperty Dense vegetation appears throughout most of the property. Based on s~ta conditions detailed in an Ardaman Phase I Environmental Site Assessment (ESA) report. the eastern half of ~arcel 82. and the northeastern sectien of parcel 81 have been cleared and raised by fi]; Also, the Boynton Beacon Police Department reportedly used the northern-most section of the subject property as a firing range. Consequently, according to Sep[emoer 4, 2001 ESA update, the Possibility of groundwater contamination by lead in this .t~ortion of the subject property is a concern. During Ardaman's site reconnaissance n November Proposal: 2000, they observed inert construction debris on the enti the sueject property, a temporary monitoring well n the the subject property, and three (3) fifty-five gallor oil dr appeared to be solid material. No indications of sign qazardous substances or ~etroleum products were obser 2000 site visit. Trees and dense native vegetation occ~ the properzy. No recognized environmental conditions the subject property. Mr. Nell J. Gaeta of Gaeta Development Corporation approval to cons~ruc[ a 77.375 souare foot strip corem( e western section of southe'ast section of ~ms, filled with wi-at ficant dischaCges of /ed in the November py [ne remainder of /ere identified within reouesting site plan rciai retail cen[er, s Page 2 Gateway Crossing - Site Plan Review 'Staff Reoort Memorandum No. PZ 01-209 Concurrency: · a. Traffic- b. Drainage- Driveways: Parking Facility: 5000 square foot, -'ast-food restaurant with a drive-thru facility, and a 5.000 square foot restaurant ' for the-above referenced lots (see Exhibit "B" - Proposed Site P an). As currently proposed, the speci~cati.,0ns fo~ eac~ bay area within the reta area are Conceptual and r~y!~ satisfy the needs of th9 i~d yidual tenant and appi[cabie cedes. In Mardh 2(~O0, the City of Boy'iOn ;Be~ch' ap~rd,~ .~h~~ Ma~Ste~;s~;1~e Dev~J!0P~rtt~'Rl'an Ame,nd~nt ,N.o. 10 for the Qucnt,umF'ark P1D to;a, ll,O~V~ ~'? ~es? tYpe, s 0~ u{es. The~Citire prOjeCt;iS ~o;~be ~r~Str~C[~8 ih :brae ~)ha§)~' (:~ Ex~ ~it*B'; P~bpo~ed Site A traffic statement for this project was submitted and sent to th'e :Palm Beach County Traffic Division for their review and approval. Sta~ has received confirmation fr0m Palm Beach County's Traffic Division regarding standards compliance. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at t me of site plan approval. The Engineering Division is recommending that the rev ew of Specific drainage solutions be deferred until time (~f permit review, when more complete engineering documents are required. On-site traffic circulation will consist of two (2) proposed two-way driveways providing access from High Ridge Road. The north.entrance contains a 16- foot wide entrance lane and a 24-foot wide exit lane, separated by a landscaped median 10 feet in width. The southern entrance will serve as the focal point for commercial truck traffic. The oroject intent is to have commercial and service vehicles access the site via me southern entrance. Upon entering the site from the southern entrance, trucks will proceed straight, n an easterly direction tows -ds the rear of the site. The dumpster enclosures and loading zone areas have been strategically located in the rear of the property to accommoaate these arger types of :veSicles and their respective turning radus All vehces '(including emerg~dcy), however, will have adequate room to maneuver in front of the b~flding if chosen to be the -preferred route A two-waY drive;aisle 27 feet in'width ~ould provide customer access to proposed parking areas around the buildirig. A total of ~86 spaces are r, ired for *the one (1) space per 200 squa feet of parking 'space pe n~ desic 'dimensioned nine 1 drive al: loading zones a the building, walkways are proposed connecting the main These paths are strategically placed access the site frb~ High lb, dge :Road· use on the ratio of and one (1) restaurant uses. The nine (9) soaces soaces will be The parking spaces and in locations where ~ located in the front of Two 2edes~rian zith High Ridge Road. to ensure tha~ pedestnans can safely Page 3 Gateway Crossing - Site Plan Review Staff Repo~ Memorandum No. PZ 01-209 Landscaping: When staff comments aha conditions of approval a .landscape plan will meet minimum code requirements. p~-op0sed on Lot 8'2 will be r~equir,e,.d,,to be processed ~[afi review submitta s(see Exhibit C Conditions of Ap review process will includ8 review and approval of their plans. '~he proposed pervious or "green" area is 103,739 squal total.site.. Cu¢r~ntly, the ~w~le 3fthe Gateway Boulevar( full grown L~i~e O~l~'~ree~. Live~Oak trees will be in t~e ffopt ]ands,c, ape buffer alone. a~d:i~iOn, th~'frdrCt landscape iduffer w cons st of Red: Wax Jasmine and Dwarf Shefflera shrubs. A row of side of the main entrance~ay. The entranceway also c Star Cluster groundoover.. The p[a,,n, ,,w, ill meet the signatu the. project entrsnces (se~ Exh b t C' Cond tions of Appr ~ed islands in the , trees. The plaza ill confa consisting of Solitaire Palm trees and Crown-of-Thom ~ (2) dumpster enclosures located at rear of the' landscaping on ail three (3) sides. This landscaping Cocoplurn hedges. In the north side landscape buffer, Live Oak trees will be with Wax Jasmine shrubs and Dwarf Shefflera planted the vehicular use area from Gateway Boulevard. A con Cocop[um hedges will also be planted in the north buffers. A 25-foot wide landscape buffer (Quantum Park P.LD, separate [he rear parking with t~e C.S.X. railroad landscaped buffer will contain Date Palm trees and consistent with the CarMax projec~ ~o the south. The discussing preserving a Sand Pine habitat located in th the project. This high quality habitat however, encroa~ area for the retail center and would eliminate required tmpact proposed drainage systems, · e met the proposed The two restaurants through separate site ~roval). This site plan respective landscape feet or 21.3% of the right-of-way contains High Ridge Road. In ip Cocoplum hedges, I Palm trees line each ~ntains colorful Dwarf -e tree requirement at ~val). area in front of the in front of the main each The two building will have of Redtie ~lanted every 30 feet e base to screen inuous row of Redtip ~nd south landscape Jffer requirement) will right-of-way. This landscaped material applicant is currently .~ northeast corner of ;hes into the earking parking seaces and Building and Site: Community Design: Building and site regulations will be fully met when staff comments are 'ncorporated into the sermit drawings. The proposed buildings will be one-story structures with the toe of the oiched roof on the false ~owers of ~ne ma~n building to stand 4~ feet in neighs. The majority of the main building wil] be less [nan 35 feet in height. As reauired by code the overhead ~oors for loading zones are proposed in the rear of the building (see east elevations). Numerous architectural fea[ures will interrupt the exoansive length of the front facade (see west elevation). The colors of the Page 4 Gateway Crossing - Sit~ Plan Review Staff Repo~ Memorandum No. PZ 01-209 main building appear to vary between light yellow, brown, and peach. The name and cdor of the paint will be provided as a Condition of Signage: aPP~:opr ate[y the time of their site RECOMMENDATION;i. :~: .... ,,:," - Road. has been ~prova[, at the ~[ons :i tn the ss a~ the top of Staff recommends that ~is; tep an ,request be:'ap~p¢,eve~ Exh bit "C" - Condlttons-,~ef A~r0vat..:Staff aisc r,~9~en~s,~h,a~;i¢ ~a"si~bie,,: the applicant consider ic[enc es dentfied ~s e>b b~ be ~rreCed ~¢ t~8 ~t ¢¢~ ~r~i~d'for building permit. xc: Central File LOCATION MAP Gateway Crossing EXHIBIT "A" !1:3 IK '0 '~/8 MILES I 400 88O FEET X DJ . ,. G~.EWA¥ B(DULEYARID--, QUINCY EXHIBIT "B" ~ r OIVo ) way TYP CAI* i]ROUHDCOVER pLAHTING EIETAI~ QUINCY '. JOHNSON ~ ?~-ARCttlTECI~ i, NOTES: 1. THERE SHALL BE CLEAR. UNOBSTRUCTED CROSS VIBIB ILII"f WITtBN THE SAFE SIGHT TRIANGLES BETWEEN 30" AND 6' ABOVE TNE PAVEMENT. 2. FOOT Iype D or F CURB SHALL BE PROVIDED ALONG THE PERIMETER BP AL[~ LANDSCAPE DRAINAGE and GRASSED AREAS ADJACENT TO PAVED,VEHICULAR USE AREAS. 3, AT ALL PARRING LOTS ABUTBNO THE PUBLIC RIGHT-OF-WAY MINrMUM 7' 'I~,N D s CAP E STRIP WITH ONE (1 TREE FOR EACH 80 LINEAR FEET. ADDITIONALLY, PROVIDE SJ~UBS ) GROUNOCOVERB AS REQUIRED BY CHAPTER 7,§. ART CLE I. B EC'~'ION 5.D~ 4, IRRIGATION PLANS WILL BE PROVIDED IN THE CONSTRUCTION DOCUMENT PHASE, UNLESS OTHERWISE REQUIRED, 5,. LANDSCAPE PLANS WILL COMPLY WITH CODE CHAPTER ?.5 - ENVIRONMENTAL. ARTICLE 1 - C11~' TREE PRESERVATION CODE UPON RECEIPT OF FINAL TREE SURVEY, 6, WEEPING FIG WILL BE MAINTAINED AS SHRUBS/ItEDGES FOR THE EXPRESSED PURPOSE OF SCREENING ABOVE GROUND EQUIPMENT OUINCY JOHNSON ~ON IRlIBftr-JONllll ~ ~o .......... L-2 OF 3 LEGENI~ ]'OPOGRAPHIU, PAV{H6. ~ DRA{HA(IE ~EGEND QUINCY JOHNSON L,L,ARCHI T,E'~C!S' ~OAD EXH . . ' EXHIBIT "B"i ! Y Requested City Commission Meetin~ Dates --~ July 17. 2001 --] August 7, 20{)1 [] August 21. 2001 [] September 4, 2001 VI.- CONSENT AGENDA ITEbt 0.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Comrmss~on ~vleeung Dates Da~e FmaI Form Must be Turned in to Clw Clerk's Office July 5. 2001 (5:00 p.r~) [] September 19~ 2001 September 5, 2001 (5:00 p.m.) July I8, 2001 (5:00 p.rru) [] October 2, 2001 September 20, 2001 (5:00 p.m. Otto r3,2001 5:00p.m AugUst 8. 2001 (5:00 p.m3 [~ October 1~, 2001 ct ~berode AugUSt22,2001 (5'00p.m.) [] November6.2001 O 17,2001(5:00p.m.) [] Administrative [] Development Plans ~ .~. 7_q NATURE OF ~] Consent Agenda --] New Business c~ -( ~ AGENDA ITEM [] Public Hearing [] Legal ---4 ._ ~ [] Bids [] Unfinished Business ~a -~.~_: [] Announcement [] Presentation _.~ ·~ [] CityM Rep ~ anager's orr -~' ~ .-7 -w~ RECOMMENDATION: Please place this request on the November 6, 2001 City Commission Agenda ~C~er ~c~.~. Consent Agenda, The Planning and Developmere Board with a unamm°us v°te rec°mmended that the subject request be approved subject to staffcomments. You will recall that the City commXssion, dmfng their initial review of this item, added a condition to the development order requiring the review and approval of the Gateway Crossings site plan by the Quantum Park Architectural Review Committee on or before October 22nd. otherwise the project must return for a recommendation by City Commission at their November 6th meeting. Staffis reserving this place on the agenda in th~ event .th~.t this ~,o~lditinn i~ not met. If this condition is met, the item would then be pulled from the agenda. For further detail~ pertaining to vms reques see attached Department of Development MemorandumNo, PZ 01-205, EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: GATEWAY CROSSING (QUANTUM PARK PII~ USAP 01-003) Neff Gaeta Boyuron Industrial Realty Corporation Quantum Park PID Request to amend the list ofpemaitted uses within the Quantum Park PID to allow retail shops, a fast food restaurant with drive-through, and a sit-down restaurant on Lots 81 and 82. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIn;ES: N/A D e :e; fopm~n~ffe~ ~n3~nt Director Plannirtc, & Zonin9 D~ur City Attorney / Finance / Human Resources s :~PlanmngXS H~I~ED\W~P RO JEC TS~Quantum-Gateway CrossmgXUSAP~Agenda Item Request USAP Gateway Cmssthg Quantum dot amreCltv Man g S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ~.r_ DEVELOPMENT : ~' FLORIDA PROJECT NAME: Quantum Park PID - Gateway Cross ng APPLICANT'S AGENT: Neil J.-Gaeta APPLICANT'S ADDRESS: 3555 North Lake Boulevard - Palm Beach Gardens, FJ DATE OF HEAR, lNG RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Use approval LOCATION OF PROPERTY: Quantum Park PID, Lets 81 and 82 DRAWING(S): SEE EXHIBtTS "A' AND "B" ATTACHED HERETO. 3FTHE October 17, 2001 x THIS MATTER came before the City Commission of the City of Boynton Beach, FIodda appearing on the Consent Agenda on the date above. The City Gommission hereby adopts the fi~dings and recommendation of the Planning and Development Board, wh ch Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the ~pplicant, members of city administrative staff and the public finds as follows: Application for the relief sou__. ~t was made by the Applicant in a manner consistent with' the requirements of the City's Land Development RegulatiOns'. The App icant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development reeuested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included','. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made ~n accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning~SHARED\WP\PROJECTS\Quantum~a~eway Cressing\USAP\Develooment Order,doc EXHIBIT "C" Conditions of Approval Project name: Gateway Crossing (Quantum Park PID) File number: USAP 01-003 (Use Approval) 2001· DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comraents: X UTILITIES X 1 Comments: , , FIRE 2omments: X POLICE C0mment~: X ENGINEERING DIVISION Cr)manents: X BUILDING DIVISION Cammmlts: X PARKS AND RECREATION X Comments: FORESTER/ENVIRONMENTALIST X Cormments: PLANNING AND ZONING Comments: I. Retail uses will be limited to those lots with the "commercial use" option. X 2. Restaurants and related drive-through features shall be limited to Lots #81 and X #82. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS X Comments: NONE Page 2 Steak 'n Shake File No.: COUS 98-005 DEPARTMENTS INCLUDE REJEC:r / ADDITIONAL CITY COMMISSION CONDITIONS ' Comments: 3. Gateway Cross/ng Site Pla~ roject must be approved' without conditions by the X ' : ~ Quant ~um. Ar chitectm:al Review ,C~ _mnmi~e¢ pn~.r .~ aj3d ~ts a condition of permittigg, If' Quanmm, Archit¢~al Review c~mmi~aee does n°t appr°ve by ' Co~sgon meeting'o~Nov~mber6; 20151. ' ' tning\SHARED\WPXPROJECTS\Qqgnmm:~Ga~eway Crossing\USAP\Condit ons of Approva doc TO: FROM: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-205 Chairman and Members Planning and Development Board Michael Rt~mpf Director of Planning and Zoning DATE: September 24, 2001 SUBJECT: Quantum Park,PID (File ~o. USAP 01-003) Retail store, fast food ;resr. auran~wi{h'drive-th~u, service, and restaura ,qt on Lots 81 and. 82. ·. NATURE OF REQUEST Mr. Nell J. Gae~a, of Gaeta Deve opme,,nt Co., is re,q, uesting use approval for retail stores, a fast food restaurant with-drive-th~u-ser:vice.-and a high-turnover' restaurant for the above-re~e,,re~ced lots within the Quantum Park?~larined; j'hdustrial De,~elopr~ent (~ee attached tocatioR map - Exhibit A;). The applicant is nroposing to construct a ,7'7',375..square-foot buiM n~. ,to ;house multiple ret~iI uses. Tt~e planned' project iS ~Iso to n~lude two (2) ~ma er structures each at 5,000 squ~,r~e.?_eet? one of them tobe used fora fast food restaurant with: dri~e4h:ru service, and the other one for a highrturnover" restaurant (see proposed site plan - Exhibit 'B"). Chapter 2, Zoning, Section 7,E; of the Boynton Beach Land Deve epment Regu ations permits building structures to be occupied by any offqce, professional. 2us[hess (wholesale or reta I), provide that all new ¢~r-,uses proposed w th n a Planned Industrial Development (PID) d strict be approv(d by the P ann'ing and Development Board (and;iC ty Commiss on). FuAhermo~:e, according ~o the Master Site Development P an Amendment N'b; 10 f0~, ~e Quantum Park PID, the subject p~rcels (81 and'82) ~re classified as "OIC", thereby allowing office, in;dustriaI, and commercial use alternatives. n compliance with the above-referenced section of the Land Development Ragu ations, the applicant is requesting that retail stores, and fast food restaurants, including a driVe-thru featL re be a,pprovea for the 'ots 81 and 82, Quantum Park PID, with the commitment to comply with all of [he Citys performance standards. BACKGROUND properties surroL~nding The following is a description of the zoning district an¢ land use classifications the subiect parcels, indicated in Exhibit "A": North: Gateway Boulevard right-of-way, and farther north a vacant properb' zened PID and classified OIC, Office, Industrial and Commercial; South: Car Max, an automobile dealership zoned PID and classified COMM, Commercial; East: Seaboard Railway and 1-95 rights-of-way; and West: High Ridge Road right-of-way, and farther west a gas station and vacant parcels zoneo PID and classified MU, Mixed Use. ;ific uses permitted in a its customary, ancillary t: -ofessional. business Section 11.M. of the by the Planning and ard must make findings d in Section 4.N. of the urposes of the Planned Unlike other conventional zoning districts, the zomng code does not se~ forth spe PID. Pursuant to Chap(er 2 - Zoning, Section 7.E. in a PID, a building and structures anc~ land uses may be erected, altered and occupied for any office, ~-r"~(wholesale and retail), educational institution, adult entertainment (consistent wi zoning code} or industrial uses provided that such use or uses is/are approv~ Development Board. To approve such a use, the Planning and Development Bc that the proposed use will not be in conflict with the performance standards lisle zoning r~gulations, and that the use oroposed is consistent with the intent and Industrial Develooment District. Page 2 Memorandum No. PZ 01-265 Furthermore. in March 2000, the City of Boynton Beach approved the Master S te Development Plan Amendment No. 10 for the Quantum Park PIE~ to reflect new trend~ in the'type of uses suitable within the Quantum Park PID. Based on the Amended Plan and concurrently with this use appreva request the applicant is proposing the construct on of three cemmerc al retai a.n.d, .resta~Ji'an~ buildings t, otaling 87 3.75 s~uare-feet on I~ts 81 and 82 of the Quantum Park PID (see Exl~bi~ 'B -'pi:opd~d;~ite p a~n). ANALYSIS The purpose of the Cty's performance standards is to ensure that uses will not be a nuisance or hazard to sm( BeacN Co(se of Ord~hanees. 2). ¸ ~ib~ti0ns:~ Ne' ~round vibrat OhS w ~e generated' by:the proposed us!e ~m0~:e, d~t, ¢tirt; or.:ot~er part cu a~ maker No em ss on 0f smoke; dust, di~ or other '~u'bsta~e¢ in ~[ol~tiOR e~any feuera['st~t~ Codh~'0f Ci~ la'~s~or termits gbvem ng the emission ¢ such ~bsta~ces. 4) ©dors?~d f. ume~ ~0 Objectionable or offensive odors will be readily perceptible at any poinl 5) Toxic or noxious matter: The 2roposed use will not allow any toxic or noxious matter to be discharged in such concentrations as to cause damage to property or vegetation, discomfort or harm to uersons or animals, or prevent-the reasonab e use and enjoyment of ~roperty or rights-of-way at o~ beyond the prope~ line or to contaminate, any public waters o¢ any ground~,at&r. 6) Fire and Explosion The proposed use will not create a fire or explosion hazard. 7) Heat, Humidity or Glare The proposed use will not produce heat,I humidity or glare which is readily perceptible past the proper-~y ~oundary. Th~ lighting ¢i~I c~nf(~rm'to the Cty of Boynton Beach's standards 8) Liquid Waste: Any disposition of liquid waste will be in conformance'with the provisions of Chapter 26 of the, C ty of Boynton Beach Code of Ordinances or any apolicable fedora state or county laws or permits. g) Solid Waste Any accumuaton or dispose of solid waste wili be, in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances arid will; not be transferred to adjacent or nearby proper-o/or r ghts-of-way. 10) Electromagnetic Interference: No electromagnetic radiation or interference wilt be created. Page 3 Memorandum'No. PZ 01-205 11) Hazardous Materials and Hazardous Waste: No hazardous materials or hazardous waste will be created, stored or handled with the proposed use. It isth e o p n on of staff, thatarkthepID,proposedas the retaimasterandp anreStauranthas a waysUSeS hadare aC°'nsistent' com~erc~aWit'h"' I usethe intentoptionandon reflect chart es n and dove opment or current market trends, anc fur[hers the the uses . g . . . . , vid ,,a desirable environment for industrial developments, wh~le complying w~th the C'tys requirements. 'As for impacts to bbth the adjacent properties and the QCantum Park PID, t~e uses are compatible with adjacent uses which includes a gas staten, ( ir dealership, and 'the The f to lots with selected use options, Staff would use element of th;e request be processed therefore app y -to lots ; eptiph, whereas in order .t.~ limit the magn tude of restaurants'wi~in the, ;~t~rJ ~a~t~fo0d restau[ ants staff recommends that the restaurant aspect:of the .' ts 81'arid'82.' project is being reviewed end prepared concurrent with the subject use approval RECOMMENDATION dn the analysis contained herein, staff recommends that the list of permitted uses within [he ~PID, se amended to a ow reta' uses on ets with the 'commercia[ qse option and to allow ith or without ddve-threugh services, only on Lots 81 and 82. Additional conditions by the Planning and Development Board or the City Commission will also be placed in ditions of Approval LOCATION MAP Gateway Crossing EXHIBIT "A" ' [] 400 800 FEET .~,,_ EXHIBIT ~i GA£TA~oym.o~DEVELOPMEN~mr~ .u~z,c~. '~ ,u ~ Requested City Corrarassmn Meetln~ Dates VZ.-CONSENT AGENDA 'rTEM D.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORi , Date Final Form Must be Turned in to CiW Clerk's Office Requested City CmnnUssion Meetin~ Dates Date Final Form Must be Turned in to City Cl~k's Office [] July 17. 2001 [] AugUSt7, 2001 [] AUgUst 21~ 2001 [] September4, 2001 NATURE OF AGENDA ITEM July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) AugUSt 8.2001 t5:00 p-re.) AugUst 22, 2001 (5:00p.rm) [] September 19, 2001 October 2. 2001 [] October 16, 2001 [] November 6, 2001 [] Administrative [] [] Consent Agenda --] --] Public Hearing '-] '~ Bids [] ~'] Announcement [] [] City Manager's Report September 5. 2001 (5:00 p.m.) September 20, 2001 (5:eO p.m.) October 3. 2001 (5:00 p.m.~ Octlber 17, 200115:00 p.m.) / Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the November 6, 2001 City Commission Agenda under Consent Agenda. The planning and Development Board with a unammous vote recommended, that the subject request be approved. For finther details pertaining to this request see attached Department &Development Memorandum No. PZ 01-216. No conditions of approval are recoInmanded by staff. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BOYNTON BEACH MEDICAL PAVILLION/HTEX 01-002 Chris Kerr Bethesda Healthcare System 2815 South Seacrest Boulevard Request for a height exception pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4. F.2, to allow a parapet wall feature to be constructed at 31 feet 8 inches (31'-8') high, winch is I foot 8 inches (1'-8") in excess of the maxnnum thirty (30) foot height limit in the C-1 Office and Professional Commercial zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNAT~8~ ~ N/A City Ivi'anager~ -Signet(ute' Planning & Zoning Director City Attorney / Financ~ / Human Resources S:kPlanning~SHARED\WPkP ROJECTSkBoynton Beach Medical Pav/lionkHTEX-Pampet WallkAgenda Item Request Bo!mton Meal Pay I 1-06-01.dot S:~BULLETIN~FORMSXAGENDA iTEM REQUEST FORM.DOC DEVELOPMENT ORDER OF THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Medical Pavilion (H'FEX 01-002) APPLICANT'S AGENT: Chris Kerr, Kilday & Assobiates, Inc. APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100A West Palm Beach, Fi DATEOFHEARING RATIFICATI©NBEFORE CITY COMMISSION: September4, 2001 TYPE OF RELIEF SOUGHT: Height Exception for a parapet'wall. LOCATION OF PROPERTY: 2815 SOuth Seacrest Boulevard DRAWING(S): SEE EXHIBITS "A", "B", "C" ATTAGHED 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 C ty Commission hereby adopts the findings and recommehdation 'of the Panning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City'of Boynton Beach, -~'odda on the date of hearing stated above, The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner COnsistent with the requiremer~ts of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "E" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk EXHIBIT' "E" Conditions of Approval Project name: Boymon Beach Medical Pavilion File number: HTEX 01-002 Reference: Application received September 6. 2001 DEPARTMENTS ] INCLUDE REJECT PUBLIC WORKS Comments: NONE X U~W ITIES~ Comments: NONE X Comments: NONE X POLICE Comments: NONE X ENGINEERING DMSION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. STAFF REPC RT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION October 5, 2001 Project Name/File No: BOYNTON BEACH MEDICAL PA¥1LLION / HTEX 01-002 Height Exception for parapet wall Property!Owner: L~c_ation,!. Bethesda Healthcare System Chris Kerr, Kilday & Associates, nc. 2815 South Seacrest Boulevard Office/C-1 (Office and Professional Commercial District) Propose~l-Use: Project ~ize: Medical Office Site Area: 2.05 acres I89.162 square feet) Building Area: 29,173 square Feet ~ Adjacent~ Uses: (See Exhibit "A" - Location Map) North - SE 27~n Avenue right-of-way and farther north a medical office building zoned C-1; South - Medical office building zoned C-t; East - SE 1s` Place right:of-way and farther east a church located on a single-family residential development zoned R-l-AA: and West - Seacrest Boulevard right-of-way and farther west Bethesda Memorial Hospital zoned C-1~ Request: Request for a height exception pursuant to the City's [:and Development Regulations, Chapter 2, Zoning, Section 4. F.2, to allow a parapet wall feature to be co,n, st~,,ucted at 31 feet 8 inches (31'-8") high, which is 1 foot 8 inches (1 -8 ) in excess of the maximum thi~y (30) foot height limit in the C-1 Office and Professional Commercial zoning district. BACKGROUND The subject property is currently developed and used for medical offices, featuring a cluster of three (3) buildings constructed in 1978. It is located along South Seacrest Boulevard facing west and across from the Bethesda Hospital (see Exhibit "A" - location map). On September 4, 2001, the City Commission approved a site plan for a new 29,173 square-foot building at the site subject to City approval of code modifications and approval of height exception applications (see Exhibit "B" - site plan). The proposed building features a 44 feet 4 inches (44'-4") high entrance which was the subject of a height exemption application approved by the City Commission on September 4, 2001. Page 2 Boynton Beach Medical Pavilion/HTEX 01-002 Memorandum No. PZ 01-216 Furthermore, at their October 4, 2001 meeting, the'City Commission approved the second reading of an ordinance to: a) include parapet walls in the list of structures eligible for exemption Crom height limitations; and b) increase the maximum structure height in the C-1 zoning district from twertty-five (25) to thirty (30) feet. The proposed -new building at the subiect site include,s a parapet wall that will exceed the new height li~it for the: C-1 zoning district by One foot eight i~ches (1 '-8' ) (see E <hibit ' C" ~ elevations). Th~ appiioant iS; requesting this.l~eight exception to all~:the Constructi0n'¢ F the proposed ,l~arape( wall at 3i'8" h gh~rhis height excePtion application is s~bmitted in compliant e with th~ conditions, of approval for the a'bove-ment~oned s te plan. ANALYSIS Land Development Regulations, Chapter 2, ~Zoning, Section 4.F. 3,: F Exceptions, states that in considedr~g Cn application for exception to the di De City Commission shall m~ke findih~s indicating the proposed eX~p!!c considered in, reiatior~ to minimum Standards, where applicable. Exhibit 'D' i how th~ apPl¢caht addressed them. rail building height will be 31 .feet and ~ zoning, district.. In a< together with the recently apF to the overall of the project~"~ ~ principles recomn such as leight Limitations and ~triet height regulation, h~s be~n stuc~ied and ts those Standards and in?es (31'8"), ~hereby dition, 'the parapet Wall roved entr~ncs: feature his design priqcipal is lended ~hin the C ty's in the area Lastly, staff feels that the requested exception will not impact the area in a) a recent approval ora heightexception of 44 feet for the main entrance project; parapet wall ~ ; the req for c) equipment; a:nd Of the projedt. RECOMMENDATION Based on the analysis contained herein,~rand on the a required by code, staff recommends loot eight inches (1'8'~) be approved. No condition of approval recommended bythe Planning Commission will be placed in Exilibit "E". Attachments S:\P~anninG~S HARED\WP~ROJECTS\Boynton Beach Medic. al PavilJon\HTEX*Paraoet Wail\HEIGHT EXCEP' one LOCATION MAP Boynton Beach Medical Pavilion SiTI~ DATA si'rE ['LAN SP-1 Il, SECTION & Associates Planners 100A '.h, F. Iorida 33401 561) 689-2592 EXHIBIT"D" I I 1]1 (as amended October 11, 2001) Ms. Lucia Galav, AICP 100 E. Boyntor~ Beach Blvd. PO Box 310 Boynton Beach, FL 33425-0310 RE: Request for height exception for East Boynton Medical Arts Pavilion Ouffile 868.28 [ - Dear Ms. G.91a~. On behalf of the applicant, Boynton East Medical Investors, LTD, please accept this request for an exception from the required building height limitation on a medical office building proposed at the southeast comer of Seacrest Blvd. and SE 27t~ Ave. The City Comrmssion recently amended the Land Development Kegulations to include parapet screening to the list of items that can extend above the district's building height limitations. This site plan, with parapet, was the basis for this chang~ to the LDR's. This request is to allow a portion of the parapet screening of the proposed Boynton Beach Medical Pavilion to be exempt from the height requirements of the .C~I Zoning District. The proposed parapet will screen the HVAC and related equipment from view. It will extend 20" above the maximum building height limitation of 30' in the C-! District. The top of the parapet will be 31' 8" from the fihished floor elevation. Please see theattached cross section detail of the building height and parapet. It should be noted that this is the identical site plan, architectural elevations, and parapet screening that was recently reviewed and approved by the TRC, Planning & Zoning Board, and City Comnussion. No changes have been made to the plans. Height exceptions are required to be consistent with the standards of Section 4(F)3. as follows: a. Whether the height exception will have an adverse effect on the existing and proposed land uses. The height exception will not have any adverse impacts on the existing or proposed land uses. The site currently houses several medical office buildings, up to two stories in height, which were built in i978. The recem construction at the hospital has hastened redevelopment in this area such that the existing buildings have become undesirable. The redevelopment of this site will allow for the continued operation of medical offices on this property in a modem, upgraded building. Height exception request Page l of 3 Because the height waiver will allow thq applicant to screen the musightly rooftop equipment from.view as well as enhance ihe buildings appearance from the Seacrest Blvd. frontage, it will have a positive effect on the current and surrounding land uses in the area. b. Whether the.height exception is necessary. This height exception, is a ~,ecess~ty in order .to sufficiently sc equipment from view -and to enhance the appearance of the buJ current office building was consu'ucted, the City has incorporate DevelOpment Regulations requirements to screen rooftop eqml: requir&ments t,o, enhan, ce ~1i 15~ld/ng. facades (Ch. 9.., SeCtion i: r~q~res: that, rooflop eq, u~ent ~t be co~nl~letely ~creened minimum.distanca of6OOfe~t', ~ The proposed parapet will make t c. Whether the height exception will severely reduce light m areas. The proposed height exception will not reduce or adversely affect areas. The parapet will only exceed the district's height lira perimeter o£the building by 20". There is a residential home alon southern property line. The ex/sting office building is setback property line. The Boy,aton Beach Medical Pavilion building separation to over 80'. In addition, because the subject property of this neighbor, the proposed building will not encroach intc sunlight afany time of the day. d Whether the height exception will be a deterrent to the reen the rooftop [ding. Since the t into the/r Land merit as well as ). This Section from view at a ~is,possthle. !d air in adjacent light on adjacem tation along the ; a portion of the :4 feet from this rill increase this on the north side this neighbor's access, landscaping, parking, etc. This proposal will further the r this area, and will act as an exemplary model of design for the adja~ development of adjacent property in accord with existing [egulations. The height exception will not deter, but will actually encourage th~ development of adjacent properties in accordance with existing regulations. Th~ majority of the structures on the east side of Seacrest Blvd. were constructed befgre~ 1980. Many are non-conforming and do not meet the current Code requiremei~ts for setbacks, ;development of ent properties. e. Whether the height exception will adversely affect pr, adjacent areas. This height exception, in conjunction with the proposed redev ~perty values in ,qopment of the property, will only serve to increase the values of adjacent properties. As stated earlier, many of the properties in this area are in dilapidated condition. This redevelopment and the superior design that the height exemp~on allows will enhance the value of this and the surrounding properties. Currently, the site is in disrepair with poor access and few redeeming architectural qualities. This exemption will reverse these effects. ' f Whether the height exception will adversely influence livihg conditions in the neighborhood. Height excepnon request Page 2 of 3 As described above, this height exceptign will advance the quality of the living conditions in the neighborhood. This proposal is for a high-quality building of superior design, and exemption requested is part of that design and will only serve to improve, upon it. The em-rem liy/ng conditions in the. ,n.~ighborhood are jeopardized by the existing tot layout and bnild/ng design Not o~y is the current access onto Seacrest Blvd:.,dang~rous~ bat~:~I~e?A~aI ~ppearane~ o~ the em,tung buildi~g~:o~y.~ser~z~ ~to _bli:gl/t ~e neighb0~od~: ~tii~ prbPos~L:wil~~ ~gh~ficantty g~ . Whether the ~eight :exceptiontw~ill.~ons, exists or~m~ or~an the C~a¢~at;p~p~c £tems (Ch) and (i) ane~no~ s~andards, for th~ applicant to address. Please a¢cept~thi"s,"appl/cation: for~ the~heighf, exeeption based on. the above Call me ~th a~y'qU~ticms o~ c01rane~nts:- · Kilday & Associates, Inc. criteria. Enclosures Height exception request Page 3 of 3 VI! - CI'TY HANAGER'S REPORT *rTEl~ A CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER INTER:DEPARTMENTAL CORRESPONDENCE DATE: TO: FROM: SUBJECT: October 29, 2001 Kurt Bressner. City Manager Dale S. Sugerman, Assistant City Manager Cash Flow and Project Scheduling Stormwater Capital Improvements WaterNVastewater Capital Improvements find two charts The'first. chart g yes you a three-year projection/cash flow Attached you w . ' . " ' of ail utility proceeds (for the combined ubllty system) that can be u~ed for all utility c~..p~t,a ro'ects P ease note that in FY 2002, we have $62.5 million dollars avaitaole improvement p ~ . ~ .~.. . ' ' ate for all of our capital improvement activities. The chart goes on to project the approx]m cash being spent on all capital improvements, such that our availaOle cash at the end of three years is reduce(~ down to $16.5 million dollars. O'his flow of funds chart assumes an interest earnings rate of 3.5% for all idle funds). The second set of charts actually breaks dow?, .by uti?ty..(sllormw, at.e.r, water, and wastewater), the actual projects and the flow of funos mr eacl~..At present, system cash flow chart shows a positive cash flow in buoget years Z~JU3/zuuz ant 200312004. it has a slightly negative cash l~ow in budget year 2002/2003. Of course, reducing the ERU from $6.00 to $5.00 WOuld exacerbate the negative cash flow in budget year 2002/2003. The water system cash flow for capital improvements will experience a similar fate. All things remaining equa, just like the stormwater capital improvements plan, it will also experience a negative cash flow in budget year 2002~2003. The Other two years show a positive cash flow. On the renewal and replacement side, the picture iS quite a bit worse. It currently will have negative cash flow for all three of the next three years. To that end, we are conducting the new rate study to help us with this situation. The wastewater system cash flow for capital improvements is in fairly good shape. That cash flow remains pos tive throughout the next three years. The renewal and replacement activities, however, end up showing negative cash flow (just like s~ormwater and water) in budget year 2002/2003. The other two years show a positive cash flow. I would be happy to answer any questions you or any member of the City Commission might have on this subject. If you would like, I can meet with the Commissioners individually, or Would be happy to answer questions that might come up at the November 6th City commission meeting. Please let me know if I can provide you with any additional information on this subject. Dale S. Sugerman Assistant City Manager cc: Wilfred CITY OF BOYNTON BEACH UTILITIES THREE,YEAR PROJECTION/CASH FLOW FY 2O02 Interest Earned (based on 3.~%) 510,061.29 631.132.63 326.954.41 S 30,070,39~01 ~IOTE: Begznning balanCe 10/1~t taken f~om H.T.E. I0-16~1, sul~quent years am pure guestimates CITY OF BOYNTON BE~CH UTIMTJES THREE ¥1~AR-PRO~ION/~A~H FLOW OUT CAPITAL IMpRoVEMENTSlRENEW~L & REP~CE~ :~ROJEeTS ProJect ~ Budget Cash FI~ O~ Budget Cash FI~ Out Engineer Cont~ctor Funding Source 200112002 200112002 200~2003 200~2003 Budget Cash Flow Out 2003/2004 2003/2004 Stormwater Cash Flow (OUT) 3 year window CW Ougalls to be repPrellned & Oil Gdt Separator $ 200,000.00 $ 42§,000.00 $ 1~000~000.00 NE ?th Avenue to NE ~Oth Avenue water STMO12/96 Bend ~l_ainimpmvements/stormweterend2Ooutfalls CDM rssue 407 $ 50.000.00 $ 100.000.00 $ 1,000,000.0{ ~e_nch Drain Constpaction $ 110,000.00 $ 1 t0,000.00 $ t00~000.00 ndustriafAvenue/LakeBoyntonEstatesDdve K&H STM007~b~ndlasue407 $ 2,250,000.00 $ 2,000~000.00 $ 1~000~000.00 ~,gstaBella SFRN AKA Services S~M0131Reser~es403 $ 600~000.00 $ )owntownStormwaterPhase2&3 $ 1~800~000.00 $ 1~366~000.00 $ 1,t26,000.00 PhaselIDow~ownStocmwaterP~oject CDM STMO18~6 Bond Issue 407 $ 196,000.00 $ 1,000~000,00 $ 1,000,000.0( _Neighborhood Drainage Projects $ 60,000.00 $ 60,000.00 $ 60.000.00 ---St°rmsilverDra[nLekes'Outfa/IPr°gram to £-27 Canal ICOMJ r'~ Resepxes 403 $ 100,000.00 $ 65,000.00 ~ 100,000.00 I $ 100,000 00. ~ ...... ~' .......... b R__e-_Ilne/renew stormwater piping - $ 200,000.00 ~ 200,000.00 $ 250,000.00 Skylake, NE 20th Lane, Venetian Isles, ' ~gyntonlsles-200t/2002 ~zu~'~ STM0171R & R400 ~' · $ 200000.00 S_ torm Drain renewal and replacement ~ & R 405 !44 Ocean Ave, SW l~t Ave, NW 1st Ave, SV r ~5_thAve ' : ' ~ - $ 200~000.00 Purchase 1 replacement pump each year ~ & R 405 $ 7;Q0O.QQ .$ 7,000.00 $ 7~000.00 $ 7,000.00 $ 7~0~0.00 $ 7,000,01 Replace old personal computers and computer e_guipment ~&R405 $ 01~0~)0.00 $ 56,000.00 $ 30,000.00 $ 30,~00.00 $ 00,DO0,00 $ 30,000.0( update aedal photogrammetry in newly d e_v~e~ 3AE Systems STM01§IR & R 405 $ 60,000.00 $ 60,000.00 CITY OF BOYNTON BEACH UTILITIES THREE YEAR PROJECTION/CASH FLOW OUT CAPITAL IM PROVEMI~NTSIREN EWA L & REPLACEMENT PROJECTS Project # Budget Cash Flow Out Budget Cash FlOW O~t E~gineer Contractor Fulldlng Source 200112002 200112002 ~nn~/~nq3 2002/2003 Water Cash Flow (OUT) 3 year window Budget Cash Flow Out 200312004 200312004 550,000.00 CITY ¢ ~ FLOW OUT Project # Budget Cash Flow Out Budget Cash Plow Out Budget Cash Flow Out lements, could be~__ __ __ R & R 405 $ $ Re ]ace Pum~table s., eed _ddves -- -- R & R 405 $ t25,000,00 $ 110,000,00_ $ gO,O00'~O $ ~0_ $ I00,000.0~ .... -- $ 40.000.00 $ 70.0~0.0t R~e~olacetransmlgersfortrains-WestWl'P R&R4O5 $ 24,000.00 $ 24,000.0C $ 24000.00- $ 24.000.60 -- -- Rehabilitate water supply wells (4 wells/year- -- -- -- -- )~u_mps, motors, pipe, meters, cable) VVTR0751R & R 405 $ 80,000.00 $ 70,000.00 $ 85,000.00 $ 85,000.00 $ 85,goo.00 $ 85,~00.01: Well f5 & 16 rehabilitation OH2M Hill ~eplace SlUclge pumps (~ast Hlant, 2 $ 122,000.00 ~.r~ps/ever:/otharyear) R&R405 $ 5,000.00 $ 5~000.00 $ 5,000.00 $ 5~000.0£ Mechanical Integrity Test (Deep Jnj. Well West $ 60 000.00 $ 60,000.0~ _.V~p) R & R 406 $ 60,000.00 $ 90,000.00 $ 100~000.00 $ 100~000.~ ~.e~lace computers and equipment ,~I*RO17/R & R 405 $ $6,0D0.00 $ §6,000.00 $ 30,600.00 $ 30~000.00 $ 30,000.00 $ 30~000.0~ Scrubber, media and Chm.l~l pump r__epIacement ~&R40g $ 60,000.00 $ 5§r000.00 $ 20~000.00 $ 15,000.~0 $ 20.000.00 $ 15t000~m San Castle./Overlook water mare I -- WTR0§4/R & R 405 $ 1,t00,000.00 m~in improvement~/$tormwater and 20 outfalls CDM WTR054/R & R 405 $ 100,600.00 $ 600,0DO.00 SeacrestE~tateswatermalnsandstotmwate $ 280~000 i,~ ~ments CH2M Hill WTR054/R & R 405 $ t,300,066,00 2" water main ~epiacement - Phase VII, VIII, IX. libra victni and some area storm dralna e --- ~ ~ V~'R054/R & R 405 $ 75,000.00 $ 1,500,000.00 _R_e.co~l/ren?~e~al=os? s __~_ _ WTROB0/R&R4O6 $ t,2_00,000.00 dpdale aedal photogram~etry in newly -- --__ WTR092/R & R 405 _ ~- $_. 25,~00.00 $_e. velopedareas BAESystems WTR069/R&R405 $ 60,000.00 $ 60,000~0 ~_~place laborator~ equipment . R & R 405 $ 20,000.00 $ 20,000.00 $ 10,000.00 Replace water softening equipment for West $ t 0~00O.00 W~ P ammonia s stemy~ ^tlantlc FilerS. WTR0tTIR & R405 $ 14.000.00 '$ t3,000.00. _ Re lace in~ main valves_ ---- R &R 405 $ 40,000.0"'---"-----~ $ 40,000.00_ ~ Dee~Well Rehabilitation ~H2M Hill A'1'R0951Reserve~403 -- $ 754,000.00_ 50.000,60_ CITY OF BOYNTON BEACH uTiLITIES THREE YEAR PROJECTION/CASH FLOW OUT cAPITAL IMpRo~EMENT~I~plEWAL & RE~bEMi~f ~Rb~JECTS Project # Budget Cash Flow Out Budget C~h Flow O~ Budget 200312004 Cash Flow Out 200312004 Wastewater Cash Flow 3 (OUT) year window 25,000.g0 400,000.00 CITY OF Project # Budget Cash FIo~ Out Budget Cash Flow Out Budget Cash FIO~ Out Engineer Contractor Fun~lnO Soul, ce 200t/2002 200t/2002 2002/2003 2002/2003 2003/'2004 ~n~l~_ _n~. GRAND TOTAL BY YEAR - ALL PROJECTS, ALL FUNDS $ 15,232,500 $ 18,913,000 $ 14,592,000 Requested City Commission Meeting Dates [] July 17: 200] [] August 7. 2001 [] August 21, 2001 September 4, 2001 VII,-CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 5:00 p.m.) July 18,2001 (5:00p.m.) August 8. 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested EiB Comr~ssion Meeting Dates [] September 19. 2001 [] October 2. 2001 [] October 16, 200I [] November6. 2001 Dat~ E/hal Form Must be Turned in to C~v'Clerk's Office September 5. 200I ~5:00 p.m.) September 20, 200t (5:00 p.m.) October 3, 2001 ~5:00 p.m.) October 17. 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administxative [] Development Plans [] Consent Agenda [] New Bm/ness [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to continue the current practice of prohibiting members from serving on more than one advisory board and maintain our existing policy of allowing three absences from regularly scheduled advisory board meetings· EXPLANATION: The Commission directed staff to [nvestigata the POssible adoption of an Ordinance that would allow board members to serve on more than one'advisory board. At the same time, the investigation included a review of our current absence l~olicy for board members and the leas b ty of adopting conduct standards. In order to determine the practices of other municipalities, the City Clerk's Off~e conducted a survey of all municipalities within Palm Beach County. Tweve obes responded. Alter evaluating the resPOnses, we determined that our current POlicy of not allowing members to serve on more than one advisory board ts consistent with the practices of the overwhelming majority of respondees. In addition, our existing absence policy is also consistent, with three absences being the maximum number allowed. With respect to conduct standards, the City of Boynton Beach supplies new members with the "Gu/de to the Sunshine ,4mendment and Code of Eb'~ic~" which is furnished by the Florida Commission on Ethics. Therefore, in this area, the City of Boynton Beach is providing more information to its board members than 2/3 of those cities that responded. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: City Clerk City Manager's Signature S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC From: .~anet M. Prainito Ot'y Clerk Wilfred Hawkins, .]im Cherof, Patricia Spoerri ~.0/18/01 Advisory Board Survey Tnformafion On October 9, 2001 e-mailed advisory board surveys (copy attached) to ail municipalities within Palm Beach C°unt~i Of those dries surveyed, 12 responded. The.results of the survey are as foli°Ws~ · The average number of advisory boards is 11 per dry with the City of Delray Beach having 20 and the Town of Hypoluxo having two. · In 10 Of 12 instances, board members do not serve on more than one board. · Seven dries require submittal of a profile form. · Nine of the 12 dries require Cibj residency for service on advisory boards. · All of the dries provide new members with information upon appointment. · Nine Of the cities have attendance polities. · Five dries have non-attendance notification requirements. · Eight of the dries limit the number of absences to an average of three. Four dries do not impose a limit. · Ten of the 12 cities do not have absence polities in place to cover cdses. · Four dries have a notification policy in place to advise members of violation of the absence policy and two cities automaricelly terminate violators. The remaining six dries have no notification policy in effect. Kurt Bressner, City Manager Advisory Board Survey October 19, 2001 With respect to conduct ,,standards, five cities provide some information that includes the Guide to the Sunshine Law and Code of Ethics", issued by the Florida Commission on Ethics, and/or "Robert's Rules of Order". The majodty of cities have two and three-year terms for m~embers.' Two cities have no term requirements and one city has three-year unlimited terms. ( e mt es d~d not ~nd~cate ~f the member could be reappointed.) Although I requested copies of profile forms, attendance policies, and Ordinances, only the City of Delray Beach and the Village of North Palm Beach provided that information. I have attached copies for your review. I have also enclosed copies of a typicat~ packet of information thatthe City Clerk's Office provides to new appointees. If I can be of additional service, please advise. Attachments imp J:~SHP, DATA\CC~WP~OA.o, DSgSur~ey~Transmittal ~ Advis~y Board Su~ey Info~maf~on.dec *Must be a City Resident Requested City Commission Meet~n~ Dates [] July 17.2001 [] August 7. 2001 [] August21. 2001 --'] September 4. 2001 NATURE OF AGENDA ITEM VII - CITY MANAGER'S REPORT ITEM C CITY OF BOYNTi q BEACH AGENDA ITEM REQUEST FORM Date Final Folm Musl be Tnraed in to Ciw Clerk's Office July 5. 2001 (5:00 p.m. Kequested City Commission [] September 19. 2001 Dare Final Form Must be Turned in toCirv Clerk's Office Sep mber5.2001 (5:00p.m. July 18. 2001 (5:00 p.m.) ] October 2. 2001 September 20. 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) [] October l& 2001 October 3, 2001 5:00 p.m.) ! August 22. 2001 (5:00 p.m.) [] November 6. 2001 October 17, 2001 (5:00 p.m. ~ ' 1 ns ~ m-~ [] Administrative [] ~eve~opment P a -- ~. [] Consent Agenda [] New Business ---I [] Public Hearing [] L gal po - :: [] Bids [] Unfinished Business :-. [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorize staff to proceed with the necessary work to relocate voice and : data communication equipment from the Mangrove Park High School at a cost not to exceed $25,000. EXPLANATION: At its meeting on May 8, 2001 the Community Redevelopment Agency Board voted 6 to1 to accept a staff recommendation to demolish the Old Mangrove Park Higp School. On May 15, 2001, staff made a similar recommendation to the City Commission. At that meeting the City Commission, in response to the concerns of a citizens preservation group, vote~d to delay action on the request to allow the group an opportunity to independently examine the buildinq to determine the actual cost of renovation as well as to raise funds for said renovation. Over the past six months representatives of this citizens preservation group, and most recently the Boynton Beach Histodc Society, have appeared before the commission on three additional occasions to request more time to raise funds to preserve the building. The most recent request involved a proposal to turn the building into a "Cultural Center." Having reviewee the most recent proposal, staff remains of the opinion that the old Mangrove Park High School is an unsafe, and functionally obso ete. eyesore with little or no historic value, that should be demolished. Since 1993 there have been a number of proposals for preserving the building, none of which proved economically viable. Staff does not believe that this latest proposal, estimated to cost ~-.7 million, is any more economically viable or can be supported by the proposed uses than previous proposals. Nevertheless, at present the Mangrove Park High School building houses ¥oice and network data communication equipment essential to city operations. Thus, regardless ~hether the building is eventually preserved by an outside entity or demolished this equipment will have to be removed and relocated. S:LBULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH PROGRA~M IMPACT: Relocatic~r~ of-this equipment is ~essential to maintain ng the voice and data communications netWork'between: V, ari0us citY buildings ~ind fao ~ es f FISCAL IMPACT: Relocation costs are estimated to be not more than $25,000 ALTERNATIVES: N/A Development Department 6£ Dev~lopmem city Atto/ney / Finmace / Human Resources S:~BULLETIN~ORMSXAGENDA iTEM REQUEST FORM.DOC VII - C~I'Y MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM D AGENDA ITEM REQUEST FORM Requested Ci~ Commission Meetine Date~ [] July 17,200I [] August 7, 200i [] August2L 2001 [] September4, 2001 Date Final Form Must be turned in to City Clerk's Offiqq July 5, 2001 (5:00 p.ro.) July 18, 2001 (5:00 p.m.) August 8. 200I (5:00 p.m~ August 22, 2001 (5:00 p.rm) Requested City Comm/ssion Meefine Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6. 2001 Date Final Form Must be Turaed in to City Clerk's Offi~ September 5. 2001 (5:00 p.m3 September 20, 2001 (5:00 p.m.t October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p_rm) NATURE OF AGENDA ITEM [] Adm/nistrative [] Developmem Plaus [] Consent Age~nda [] New Bus/ness [] Public Hearing [] Legal [] Bids [] Unf-mished Business [] Announcement [] Presentanon [] City Manager's Report RECOMMENDATION: Motion to direct the City Attorney to prepare an ordinance, to formally adopt pages 130-1~8 of the Visions 20/20 Redevelopment Plan to satisfy the requirements of F. S. 163.355, providing an official finding of necessity, supporting the expansion of the CRA area. EXPLANATION: This represents the culmination of efforts by staff on strategic initiative 2.5. This involved the team conducting and completing a comprehensive review of the Vision 20/20 Plan to update/resolve conflicts with current planning initiatives. In addition, the report includes a recommendation for future application of the Vision 20/20 Plan Document. PROGRAM IMPACT: By adopting pages 130-148 of Vision 20/20, this will further solidify the correlation between Vision 20/20 and the expanded CRA. FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head's Signarnre Human Resources/Library/Development Department Name City Attorney ~t~i~ce ] Human Resources s 5B ULLETI/'&FORM S~A. GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O1- AN ORDINANCE OF THE CITY COIvIMISS] CITY OF BOYNTON BEACH, FLORIDA VIII,-PUBLI¢ HEARING iTEM B. AM-ENDED ORDINANCE LAND DEVELOPMENT REGULATIONS CHAPTER 2 "ZONING". SECTION 8.A.l.d (9), PROVIDING FOR TffE ADDITIO,N,,OF A NEW PERMITTED USE, 'GYMNASTIC CENTERS, TO THE M-1 ZONING DIflTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WII~REAS, Chapter 2, Section 8. AA .cl. of the Land Development Regulations of the City of BoYnton Beach Code of Ordinances limits the M-1 zoning district to industrial uses and does not include gymnasiums or gymnastic centers; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the citizens and residents of the City to amend the Land Development Regulations to include gymnastic centers as a permitted use. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confaxned by the City Commission. Section 2. That Chapter 2. "Zoning", Section 8 A. 1.d., oflthe Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by creating a new subsection (9), by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: (9). Gymnastic centers Section 3. Each and every other provision of the Land Development Regulations / tot herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in :onflict With any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction te be invalid, ~uch decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codifs. ' this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this. day of November, 200[. SECOND, FINAL READING AND PASSAGE this dayof ~ovember, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~,TTEST: City Clerk Requested City Co~woission Meetin~ Dates ['~ Jul3 17,2001 ] Augusl 7. 2001 [] August 21. 2001 [] September 4. 2001 VIII.-PUBLIC HEARING ITEM B, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Mast be Turned in to ClW Clerk's Office July 5. 2001 5:00 p.m. July 18,2001 5:00 p.rm) August 8, 200! (5:00 p.m.) August 22. 2001 '5:00 p.m.. Requested City Comrmssion Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6. 200I Date Final Form Mu, st be Turned in to City Clerk s Office September 5, 2001 (5:00 p.m.j September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17. 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [-- AdraJnisUative [~ Development Plans '-] Consent Agenda [] New Busi~.ess [] Public Hearing ~5~ Legal Bids Unfinished Business [] Announcement [] Presentation [] City Manager's Report ~ :h 2: RECOMMENDATION: Please place this request on the November 6, 2001 City Commission AgenC~a urt~I~r~~ Public Hearing, and under Legal, Ordinance - First Reading You win recall.that this ite,,m_~was a .~prove.d by th,e, City. Commissiotiunder,,Consent,,onOctober2~d. To meet state notification requrrements, a cnange~nz,o,,mn~guse mustoe,me sub'ect of two advertised public hearings, wh/ch is fulfilled by placement on the "Public Hearing" and ' Second Reading po~ons of the agenda. By stacking this agenda with the First Reading item as well, the total processing time will be reduced by two (2) weeks. Fo~ further details perta/ning to this request see attached Department of Develdpment Memorandum No. PZ 01-201. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: GYMNASTICS CENTERS IN M-1 Marcy Martine N/A City-Wide Request to amend Chapter 2. Zoning, Sectmn 8.A.1.. (9) to allow gymnastic centers as penmtted uses in the M-1 z°mng distr/ct. PROGRAM EVIPACT: N/A FISCAL IMPACT: N/A ALTERN~ATIVES: N/A Develop~fie/~ epartment Director Catv Manager's Sagnature Planning & Zoning Director City Attorney / Finance / Human Resources S:~Planning~SHARED WPkP KO JECTS\Gymnasdc s Centers [n M-I( Flip Clty)kFlip City CDRV (see Gymnastics Centers in M-1 )~Agenda Item Request 1st reading Gymnastic 11-6-01 .dot S:kBULLETINkFORMSkAGENDA ITEM ~QUEST FORM.DOC ORDINANCE NO. O1- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING, SECTION 8.A.I.d. (9), PROVIDING FOR A NEW PERMITTED USE TO THE M-1 ZONING DISTRICT; FOR CON LI S;', :S V RABm TY, CODIfiCATION AND AN E~BC~ b~TE. ' V~HEREAS~ ChapEer 2, Section 8. A.l.d. of the Land Development limits the M-1 zoning district to industrial uses; avxi does not include gynmasiums or gymnastic centers: WHEREAS, the City Commission of the City of Boynton Beach deems it to be irt the pest interests of the citizens and residents of the City 'to amend the Land Development Regulations to include gymnastic centers as a permitted use. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF I'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. The foregoing whereas clauses are true and correct and are now ratified ~nd confirmed by the City Commission. Section2. That Chapter 2. Zoning, Section 8 AA.d, is hereby amended by =rearing a new subsection (9), by adding the words and figures in underlined type and by :leleting the words and figures in struck-through type, as follows: (9). G~nmastic centers Section 3. Each and every other provision of the Land Development Regulations aot herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boymon Beach ,n .onflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provisaon of this Ordinance or any portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the reminder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. Section 7. FIRST READING this day of NoYermbert, 200t. SECOND, FINAL READING AND PASSAGE this day of November, 2001 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Comrmssioner Clerk TO: TI~OUGH: FROM: DATE :' SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION M]EMOR.4_~4DUM NO. PZ 01-201 Chairman and ~Members Planning and Development Board Michael W. Rumpff~(~-~ Director of Plarming and Zoning VlarmaXime Ducoste-Am6d6e~ er ~ September 20, 2001 CODE REVIEW CDKV 01-004 Gymnastics Centers added to the list ofperm/tted uses in the M-1 zoning district. NATURI~ OF REQUEST Mrs. Marcy Martine, owner and representative for Flip City Gymnastics, is requesting that gymnastic centers be added to the list of permitted uses in the M-t, Industrial zoning distr/ct. Specifically, the applicant is requesting that the code be amended to add a new permitted use to the M-1 zoning district (Chapter 2, Zoning, Section 8. A. 1. d. (9)) to read as fotlows: "(9). Gymnastic centers." It should be noted that the effects of the subject request, if approved, would be citywide (e.g. all M-1 districts). BACKGROUND The City's Land Development Regulations Chapter 2, Section 8. A. 1., limits the M-I' zoning district to industrial uses; the current list does not include gymnasiums or gyrrmastic centers. The C-2, Neighborhood Commercial zoning district, Chapter 2 Section 6. B. 1. (hr) permits: "hr. Art or recreational instmtction. " Also. Section 6. C. 1. (m) and consequently Section 6. D. i, xvhich correspond ro the C-2 and zoning districts, respectively, permit: "Recreational.facilities. inchtding bowling lanes, billiard hails. health cribs, gymnasiums, tennis clubs, golf covrses, mimawre golf courses, shooting ranges/indoor only), skating rinks, and amusement halls. Recreation facilities other than those which are listed above shall be conditional uses (*). Racetracks go-cart tracks, and water slides shall be prohibited." in the C-3 zoning district. With respect to standard classification of the subject use, the North American Industrial Classification Page 2 CDRV 01-004 System (NAICS)', ' ' "' ' " ~dentffies gymnasium under the fitness and recreational sports cemers category (see Exhibit t'A"). ANALYSIS The ~pplic~nt has stated in the letter of request (see Exhibit "B") that: "gymnastic cemers require high ceilings t'min, t6 ft.) and. a relatively large amount of square footage (any*vhere frbm 6. 000 to 20, 000 sq. ft.) '. Because of these requirements it is nor feasxble to operate such a facthty m most commerc~a areas. The ceiling height in most centers is in the J2-14 fi range. So caIte, b~ boxes are prohibitively expensive to either build or lease in commercial areas and would be f~ operate a~ a gymnasticc'enter/' Furthermore, in support.of this position, the applic ThroUghOui the state, of-Florida there are many gymnastic censers operating in ina gymnastic c~nte~'s polled in Florida, 74 of them are located in industrial zones represdntati~e: of the :ggmnastic _industry nationwide:'! Staff understands that i market~trends,~volv¢ ara faster pace than zoMng regutation~ and may also lea~ regar&gO ~e mlatiOnship between the pnhlic~s, welfare, and the allowance of sm staff re§ear~h,e~t:ieveral establishments similar.to that of the, ~ppticant throughout to obtain ..... th~ ag~e~gr4>up of their clientele~ The findin~ ~dicated a similarity dn; years *Id): arao~g tll~ sample. Althou .g~u, this .isi not.a; surgnsmg fact, the student': ~mphasize fhat chi~ldren would be aSa-acted to the/ndustdal .ate.as tha~ are typicall~ the general pubtic. $cally impossible to ant indicated that:" :~strial zones. 0f83 These ~numbers are teed economic and ro inconsistency m ~ use. Furthermore, ?akn Beach County [ge groups (8 to 10 Lges ~re }ncluded to kept~separare from For comparative purposes, staff surveyed tocal govemmenm to obtain their respe gymnasti, ~.enters (see ,Exhibit "CD. Of the eigh~ (8)juffsdictions considere( including Palm,Brach'County and the City of West Palm B~ach, define gymnasx center or exemise studios and health clubs, and permit.gymnastic centers in most and industr/al-districts. The City of Gmenacres and the Town of Lake Worth commerciat:diS~tZicts and classify them as fitness center/exercise studios. The C permiis.~them ~ their Resort/Tourism and Community Facit/ties districts. The Vi Beach regulates them as fitness centers, and the Village of Wellington regulate the :tive regulations on , two.(2) of them [c centers as fitness ~f their commercial allows them in all ty of Delray Beach tage of Royal Palm ax under the broader category of Educational or Institutional services and both jurisdictions allow thex ~ in their respective industrial Z0n~g category where such institutions are ~ermitted. And finally, the Town of Jupiter regulates gynmastic centers as Indoor recreation mad all~)ws them in their general commercial district (C-2) and inr[ustrial districts ([-1 and 1-2). Although all~ zoning regulations varies among other cities and Palm Beactt County,.the general commercial districts described by0ther codes appears comparable to Boynto~ Beath~S C-3 zoning district. With respect to; comparative parki]ag requirements, Chapter 2, Section 11. H. Provision parking spaces, Sectionl6.(e)(8) requires for gymnasiums and health clubs: one 6 three hundred (300) square feet of gross floor a~'ea. ParL~ng space requiremen separately for floor area occupied by athletic courts, swimming pools, or othe which parking space requzremenrs are listed in this ordinance. Section t1.16 parla~ng space per five hundred t'500) square fee~ of gross~ floor area for in& development, trades uses, and one (1)parking space per eight~ hundred (800) squa area for wholesale, and warehouse uses. of off-street ) parking space per s may be computed , principal uses for ~f) requires one (1) tstr/al, research and ,e.feet of gross floor Page 3 CDRV 0 ! -004 The general inter~t and purpose of the M-1 zoning district is to provide adequate space for more intense commercial and industrial uses. Staff has acknowledged that over time buildings that were ,designeed and approved for less intensive uses to minimize parking obligations, are often subsequently converted to more intense uses ~at generate an increase in ~[f-stre, gt ~g demands. The minimum lot size for any property i~-a M~ ~, Ir/dUS/rial .d!~ct to be developedd~.lOiOOQ cqua;r;~¢: £ee~;. ~. cqntra~t,; the minimUm.10t~s/zes wi~ me C,2.~,and'.Cl~ z0mgdi~t~¢tS areS;00I) ~q/iare feet ~'.t5,000 sq~e. f~, respecfiwely, and;the, se'z0~.distr/ets g~nerate:moie>,activity and.~traffic~.~d more parking spaces:tO me~t,th, intent, and purpose of:the~zonin~ dis~dts. ~ , If the' 10,000 three used Lastly, the city aside f~om containing (2) ffa~ prohibiting uses, the affect r "oppommity cost" could then limit: Based on th~s m~lTs~s; s~£f'se¢o~lids tl~t ~astm centeB ~n ~e ff approved ~ requ~"~ed~:bT~th~ dis~bufion of uses md :~e pu~c wel~e within ~e · at &e subject use ~11 mo~ ~e mdfls~aI fabffe ~a~5~I1 ~ot or i arrienc!J the City's code to-inclcde ·, : . :. pinion Of staff teat %his code [revision, ~:m [~eI .off,impact oa l:he mmn~.,.- dismcts. ,Staff ,furlhe;;bel~e~'es ~erfdrm srmllarly. Furthermore, when Page 4 CDRV 01-004 the city's zoning'regulations are' comprehensively reviewed and rewritten as planned, the establishment of more than one industrial z,,o_ne could be considered to provide for a light district ~hat would allow for less intense industrial (i~e. 'cleaner") uses. This light industrial zone could be written to be more compatible with the subject gymnastic center. H6wever, it is unknown how ldng it would take to implement such regulations to actually create the "lighter" and "safer" district wherein such. recreational uses could be compatible. Exhibits MDA EXHIBIT':. ¢': CR nON 669 often provide food' ~d bev~ge se~ces, equipmant, ren~ s~ces, ~d ~ ~s~don ~e~., Cross-Refe~e~qs. .... Es~b~ea~ ~y engaged ~ ope~g reso~ where s~'~ f~li~e~ ~ combined wi~ ~o~odedo~ ~e c~s~d in ~dus~ G~oup 721L Trawler 71393 Mar/na~ S.e¢indusu-y. de~Hption for 713930 below. 713930Marinas This industry comprises establishments, commonly known as marinas, engaged in operating docking and/or storage facilities for pleasure craft owners, with or without one or more related activities, such as retn~llng fuel and marine supplies; and repalr/ng, malnmlnlng, or renting plea- sure boats. Cross-References. Establishments pHmaHty engaged in- . Rendng pleasure boats--are classifiedin U.S. Industry 532292, Recreational Goods Rental; · Repairing pleasure boats--are ctassifiedin Industry 811490, Other Personal andHousehold Goods Repak and Maintenance; · Ret~li~g marine supplies--are classified in U.S. Industry 44122~,.Boat Dealers; and · Re~l~ng fuel for boats--are classified in Industry 44/190, Other Gasoline Stations. 71394 Fitness and Recreational Sports Centers See industry description for 713940 below. This industry comprises establishments primarily engaged in operating fimass and recreational sports facilities featuring exercise and other achve physical fitness conditioning or recreational sports activities, such as sw~mmlng, skating, or racquet sports. Illustrative Examples: Aerobic dance or exercise centers Gymnasiums - H~atdball, mcquetbalI, or tennis club facilities Ice or roger skatfiag rinks Physical fitness Swimming or wave pools Cross-References. · Establishments primarily engaged in providing nonmedical services to assts~ clients in ana/ning or maintaining a desff'ed weight are classified in U.S. Industry 81219L Diet and Weight Reducing Centers: US--Un, ted States industry only. CbaN--Unlted States and Canadian indusu'ies are comparable. When neither US nor CAN appears. Canadian. Mexican. and United States indusu'ies are comparable. htr p :t/www.ntis.gov/naics Marcy Martine 294 Ponce de L~o~ St Royal Palm Beaci~ Fl 33411 561-252-6748 Mr. Michael Rumpf Director Planning and Zoning City of Boynton Beach 100 E. Boynton BeachBivd. Boynton Beact~ Florida 33425~0310 Dear Mr. Rumpf, I am writing'to request a ~de review of the List of Permitted Uses in M-1 Zoning dis~cts. I would like to request that "gymnastic centers" be added under Chapter 2, zoning~ section 8.A.i.d.(~). ~ Gyn~nastic centers are very sirr~ar in nature and use to community centers which are specifically pemaitted in section 8.A.l.d. (8). Gymnastics centers require high ceilings (min. 16 f~) and a relatively large amount of square footage (anywhere from 6i000 to 20,000 sq. ft.). Because of these requirements it is not fea- sible to ~perate such a facility m most commercial areas. The ceiling hmght.m most cent rs m in the 12- 14 ft. range. So called "big boxes~ are prohibitively expensive .to eith~ build or lease in commercial areas and would be fiscally impossible to operate as a gymnastic center. Locating a, gymnastic center in an industrial zone isnot an unusual concept. Thrq_u~gt~_~_o_ut tbe state of Florida there are many gymnastic centers operating in industrial zones.Ot83~ gym- nastic centers polled in Florida, 74 of them are located in industrial zones. These numbers are representative of the gymnastic industry nationwide. The county 0fPalm Beach lists gyranasUc centers under the heading .of ~imess Oenters w~ h are specifically permitted in industrial zones. (Attachment A). The mty of West Palm Beacn lists gymnastics under the heading of exercme studios and health clubs and specifically p mits such in industrial zones. (Attachment B). The Village of Wellington lists .g~x..nn. astics un- der the heading of ~Educational and Instructional services" and specifically pe~, such m light industrial zones. (Attachment C). I w~ be happy to provide more documentation of mu- nicipalities that allow Kvmnastics in industrial zones. I thank you for your time and consideration in this matter. Enclosed please find a check in the amount of $250.00 for this review. Please contact me as necessary for more information or clarification. Sincerely, Marcy Mastir~' EXHIBIT" C" D SurVey ou Gymnastic Centers/Gymnasiums Jurisdictions Commercial Industrial Resort/Tourism · "'i'"'.-~i,~./:'. :-' , District District _ : Palm'Beach: P P - County :'" Ordbha~ "r'~ : _? _ _ Lake'9/~orth: ' .:~:: -P - $~fpiter': p P*, special - · · , exception Dek~f~Beach~ ~ P*, condiUonal : - P .' .: ... u~e r Requested City Commismon Meetin~ Dates [] July 17. 2001 [] August 7. 2001 [] August 2I· 2001 [] September 4, 2001 VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned into City Clerk's Office July $~ 2001 (5:00p.m.) July 18~ 2001 (5:00 p.m.) August 8, 2001 (5:00 p.rm) August 22, 2001 (5:00p.m.) Requested City Commission Meetm~ Dates [] September 19. 2001 [] October2, 2001 [] October 16. 2001 [] November6, 2001 Date Final Form Must be Turned _il! to City Clerk's Office September 5, 2001 (5:00 p.m.~ September 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Develop~entPlans [] Consent Agenda [] New Business [] Pubhc Hearing [] Legal [] Bids [] Unfinished Business [] Annotmccnnem [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 6, 2001City Commission Agenda under Public Hearing. The Plaarfing and Development Board unanimously recommended to postpone its review of this project until the November 27, 200t meeting, or at a special meeting to be scheduled if necessary. The pul~lic will by re-notified of~e new hearing dates thrungh another newspaper advertisement and new notices to property owfiers. This postponement ~s necessary to allow further time to obtain proper authorizations from property owners. This amended schedule would place the public hearing before the City Commission on December 4, 2001. EX,LA_NATION: PROJECT NAME: AGENT: APPLICANT: LOCATION: DESCRIPTION: KRISPY KREME LAND USE AMENDMENT/REZONII~qG Scott Barber / Gee & Jensen Dynam/c Doughnuts Flor/da Realty, Inc. Northwest 1sI Avenue (between NW 1 s~ Avenue and Boyntoti Beach Boulevard [SR804] approximately 1,500 feet east ofNW 7t~ Street). Opposite the intersection of Boynton Beach Boulevard and West Industrial Avenue. Request to amend the Comprehensive Plan Future Land U~se Map from Medium Density Residential (9.86/duac) m Local Retail Commercial and; Request to rezone from Duplex Residential (R-2) to Nmghborhood Commercml (C-). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:.~ N/A// Deve~_flm~e~n~ ~ephr~munt ~-ector planning & Zoni~g~lSi~ctor City Manager's Signature City Attorney / Finance / Human Resources S:~Plannmg~S HARED\WP~PRO JEC TS~rispy lcreme~LUARXAgenda Item Request Krispy Kreme 11-06-0 l .dot Requested City Commission Meeting Dates [] July 17.2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 VIII.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned i!~ to City Clerk's Office July 5, 2001 5:00 p.m.) July 18. 2001 - 5:00 p.m.) August 8. 2001 (5:00 p.m.) August 22, 2001 5:00 p.m.) Requested City Comrrfission Mee~ng Dates [] September 19.2001 [] October 2, 2001 [] October 16.2001 [] November 6, 200] Date Final Form Must be Turned ~to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20. 2001 (5:00 p.m. October 3, 2001 (5:00 p.m.) Octe er 17, 2001 (5:00p.m.) NATURE OF AGENDA ITEM [] Admiinsttative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement -'] Presentation --] City Manager's Report RECOMMENDATION: Please place _t~ais requ. esl on the November .6, 20~1 City Comm~ssi~on Agenda undO[on the Publ/c Hearing. The Planning and Development Board, m response to the apphca~t ~ request, granteu ~a postpon.e~e_u item until their regularly scheduled meeting on .No. vember 27, 200!. If the C. ommasslon ~mso ,ap?.r,~ves m~ ~eq~es~o_r st postponement, this item would be remewed at their December 4, 2001 meeting. For further oetaus pertammg to mas reque see attached letter from staff. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Calvary Chapel of Boynton Beach Iames Barretta Calvary Chapel of Boymon Beach South side of Hypoluxo Road approXU'nately 1,200 feet west of Congress Avenue. Request to annex +8.84 acres of vacant property, To amend the Comprehensive Plan Future Land Use Map from HR-8 (Palm Beach County) to Moderate Density Residential (MoDR) and rezone fi:om AR to Planned Unit Development (PUD). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ Developme~a~q~'nel~ ]~ect - City Manager's Signature City Attorney Finance / Human Resources Planning & Zon[ng~Director · Building DEPARTMENT OF DEVELOPMENT AND ZONING D VISION · Planning & Zoning · OccupationalLicenses · ComrnunRy Redevelopment October 9, 2001 James Barretta Barretta & ~.ssociates 5484 Woodland Drive Dekay B~/ach, FL. 33484 RE: Calvary ChapelBoyriton Beach 3190 Hypoluxo Road Dear Mr. Barretta, Pursuant to your request (via telePhone) for postponement of review by the Technical Review Conunittee of the above referenced project, the review has now been scheduled, for Tuesday, October 23, 2001. As a result of this postponement, your scheduled dates for hearing by the Planning & Development Board and the City Commission are now November 27, 2001 and December 4, 2001,respectively, Additionally, the land use amendment/rezonmg and annexation applications for the property will be heard by the Planning & Development Board and the City Commission on the same dates as the site plan. ~fyou have additional questions, please call Eric Johnson at (561) 742-6260. Sincerely, Lusia Galav, AICP Principal Planner CC: Eric Johnson Ci~ of Boynton Beach · 100 East Boynton Beach Blvd., P.O. Box 310 · Boynton Beach, Florida 33425-0310 Phone: (56~11 742-6350 · www.ci.boynton-beach.fl.us [] Suly 17. 200] NATURE OF AGENDA ITEM XlI. - LEGAL ITEM A.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turaed in to City Clerk's Office R. equesmd City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office July5, 2001 (5:00p.m.) [] September 19. 2001 September 5. 2001 5:00 p.rr~) July I8.2001 (S:00p.m2 ] October 2.2001 September 20, 200t 15:00 p.m.) August 8, 2001 (5:00 p.m.) [] October 16 200I October 3,200t 5:00 p.m.) August 22, 200~ (5;00 p.m_) [] November 6. 2001 October 17,200 [ ~5:00 p.m.) - . [] Admimstrative [] Development Plans [] Consent Agenda [] New Business -- - 5~:.~ [] Pubhc !-tearing [] Legal '-v ~.;--~ [] Bids [] Umf'mished Business [] Announcement [] Presentation co -~ [] City Manager's Report ~1 ~.-n ~-~ RECOMMENDATION: Please place this request on the November 6, 2001 City Comnmssinn Agenda under Public Hearing, and under Legal, Ordinances - Second Reading. The Planning and Development Board voted separately on each of the three (3) elements of this NOPC/master plan modification application, as outlined in the staff report trader RECOMMENDATIONS. The Board voted 6-2 to support the conversmn of Lots 7-1 t and 23-31 to "Mixed Use", and voted unanknously to recommend the approval to remove the acreage of Lot 34-C from the open space category and place it in a newly created category called "Reserved", and to reconfigure Quantum Lakes Drive. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-214, and the attached addendum to the staff report (Memorandum No. PZ 01-220). EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: QUANTUM PARK DRI NOPCfMaster Plan Amendment #12 Eugene Gertica, P.E. MFT Development Inc. Quantum Park. P.LD. Request to amend the Quantum Park DRFMaster Plan to change the penthtted use on lots 7-1 t from "Office Industrial" (OI) to "Mixed Use" (MU] and lots 23- 3 t from "Office" (O) to "Mixed Use" (MU); to increase maximum residential units fi:om 500 units to 1,000 units; to partially clos~ Quantum Lakes Dr~ve and create two (2) new tracts of "M/xed Use" (MU); and to change the permitted use on tract 34-C fi:om '~Detention" to "Reserve". PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ,~ N/A - Develo-pm~ent Director ~-Cl~v'Manager ' s Signature City Attorney / Financ~ / Human Resources s :kPlannmg~S HAKED\WPkP RO JECTS\Quantum Park 2001 Amen # 12kDRL& 01-001kAgenda Item Request Quantum Pk DR1 NOPC 10-164)1.dot SABULLETINkFORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- ~'~ AN ORDINANCE OF' THE CITY OF BOYNTON BEACH, FLORIDA. PROVIDING FOP. A DETERMINATION WHETHER CHANGES TO THE i~OMP~H~N~E DEVE~,Q~MENT :OF REGIONAL AMENDED IN 0RDIN~CES NOS~ 86-11, 86-37, 88-3, 94-10, 9425:L '96~33;~96-65, 97?20; '99-05 ~ 00-02 OF my. 4VURPOS S caAN s, ~E~ ~t~o Development Co~oration, a Flo~da ~o~omtion ("~t~o") filed with ~e CiW of BoSton Beach (~ "Ci~')~ Application for Dewlopm~t Approval of Compmhemiw D~velopment of Re~onal ~a~t (th~ "~A') on May 21, 1984, re.ding ~at ~ain prop~ (~e "Prope~') d~s~db~ in Ex.bit "A', a~h~d hereto ~d mad~ a pm ofhemofi ~d ~E~AS, ~ ~A w~ approved ~d ~e D~v~lopm~nt Order for the ~op~ w~ ~ted Dec~b~ 18, 1984 p~su~t m ~n~ce No. 84-51 (the "Development ~d~"); ~d ~, ~t~o subsequently conveyed its fi~t, title ~d im~est M ~d to ~e ~ope~ m Boston P~k of Co~erce, Mc., a Florida co~oration ("Boston P~k"), ~d, Boston P~k, in-~, subsequ~tly conveyed its fi~t, title ~d Mterest M ~d to ~e Prope~ to Qu~ Associates, a Florida genial p~e~Mp (~e "Developer"); ~d Page 1 of 5 WHEREAS, the City approved.previoo~ :applications to amer/d the Development Order which applications were approved by the City in Ordinance No. 86-11. Ordinance 86-37, Ordinance No. 88-2, Ordinance No. 94-10, Ordinance No. 94-51, Ordinance 96- 33, Ordinance No., 96-65, Ordinance No. 97-20, Ordinance No. 99-05 and Ordinance No. 00-02; WHEREAS, the City Commission of the City of Boynton Beach, as the governing body having jurisdiction, is authorized and empowered to consider applications for amendments to development orders approving developments of regional impact pursuant to Chapter 380.06, Florida Statutes (1996); and WHEREAS, the City Commission has considered the testimony, reports and other documentary evidence submitted as said public hearing by Quantum, the City staff and the public, and the City Planning and Development Board's recommendation of the l0th day of October, 2001; and WHEREAS, said City Commission has considered alt 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 28th day of October, 2001, in the Palm Beach Post, a newspaper of general circulation in Boymon Beach, Florida, pursuant to Chapter 380.06, Florida Statutes, and proof of said publication has been duly filed. Section 2. The Development Order shah be mended to include the following provisions: Page 2 of 5 Lots 7,8,9,t0 and 11: These lots were previously designated as Office/Industrial (OD Land Use. The Land Use Designation for Lots 7, 8, 9, 10 and 11 shall be amended to reflect a "Mixed Use (MU)" Land Use Designation. ~The Mixed Use Land Use Designation includes office, commercial and residential uses. Lots 23, 24, 25, 26, 27, 28, 29, 30 and 31: These lots~were previous~ly designat ~ed: as. Office (O)Land Use. The Land Use Designation for Lots 23, 24, 25; 26,'27~.28~ 29, 30 and 31 shall be amended m reflect a "Mixed Use (MU)" Land Use Designation. The proposed Mixed Use Land Use Designation 'includes office, commercial and residential uses. In conjunction with the change described above, the maximum residential number of units shall be increased from 500 dwelling units to a total of 1,000 residential units. Lot 34-C: Designate this lot as "Reserved". Quantum Lakes Drive: Reconfigure Quantum Lakes Drive in the area north and east of the Quantum Lakes Drive intersection with Quantum Lakes Drive to the eastern intersection with Gateway Boulevard. This reconfiguration will create two new Mixed Use (MU) designated parcels labeled 100 and 101 totaling 5.21 acres. Section 3. Master Site Development Plan Amendment No.12 as submitted to the City, a copy of which is attached hereto and made a part hereof as Exhibit "B" replaces and supersedes the Master Site Development Plan currently approved in the Development Order. Page 3 of 5 Section 4. The Development: Order shall also be amended to include the Conditions of Approval #1,2, 3, and 4, attached and incorporated herein as Exhibit "C". Section 5. Upon consideration of all matters described in Section 380.06. Florida Statutes (1996), it is hereby determined that: A. The amendments proposed by Quantum do not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to this area. B. The amendments proposed by Quantum are consistent with the local comprehensive plan and are, or will be, consistent with the local land development regulations, subject to the conditions outlined above. C. The amendments proposed by Quantum are consistent with the recommendations of the Treasure Coast Regional Planning Council, subject to the conditions outlined above. D. The amendments proposed by Quantum do not create any additional regional impacts and therefore do not constitute a substantial deviation under Chapter 380.06, Florida Statutes (1996). Section 6. The City Commission has concluded as a matter of law that these proceedings have been duly conducted pursuant to the provisions of Chapter 380.06, Florida Statutes (1996), that Quantum is entitled to the relief prayed and applied for, and that the Development Order is hereby amended incorporating the amendments proposed by Developer as se~ forth in Section 2 above. Section 7. Except as otherwise amended herein, the Development Order shall remain in full force and effect. Page 4 of 5 section 8. All ordinances or parts of ordinances in conflict herewith axe hereby repealed. Section 9. Should any section or provision of this ordinance or portion hereofi any paragraph, sentence or word be declared by a courtof competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 10. Authority is hereby granted to codify said ordinance. Section 11. This ordinance shall become:~ffe~tiVe:mediatety upon passage. FIRST;READING this SECOND READING ,2001. t~, 'day oi~ ~-e~p, ,2001. and FINAL ;PASSAGE- this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner CommiSSioner Commissioner ATTEST: City Clerk S:ca\Otd\Quantum DRI- 2001- 1010/0l DRAFT Page 5 of 5 ~LOCATION -MAP _QOANTU,M PARK NOT IN ITY P]D OF CO 'LIM '0 400. '800 MILE: FEET A Trast South. with EXHIBIT "A" Township 4--'-~-'~-"~- West of ~ 635.93 feet recorded in Beach distance feet; North South 22n¢ North 9E53',,57",.; 12E02 41 I distance of 413.21 a point on ti thence ~ Railroad, a ?.2nd 333.5 dght 0E33'$3" distance 187.60 fl thence South ( distance 3817.26 feet I West radius ol feet, a central feet to a Avenu Containing 591.55AC 51.70 AC 539.85 AC Book 60 County. Florida. D 82) Eying within the Beach EXHIBIT "B" PROPOSED MASTER PLAN EXHIBIT "C" Revised Conditions of Approval t0/10 '01 Project name: Quantum Park NOPC Amendment #12 File number: MPMD 01-003/DRIA 01-001 -Re.ference: 2n~'revi:ewplans identified as Master Plan with a September l 1. 2001 Planning and Zoning )~partm~m date¢sta~n~ marking. INCLUDE ' REJECT DEPARTMENTS ~UBLIC WORKS-General :p .~ErBLIC WoRK.S-Traffic ' .-- . · Cbmments: :: .. !~:~' ~ - 1~ ~ ~ted the:devel0pe~ md the existing occUPant~ of Quantum Park X , wili be r~nsible f~0~ the ~st of constmctio~ *f traffie~;~i'Cmated signais ~t : the !kiters~i0ns of ~uantum Boulevard With Gateway ~ulevard and · D~to¢)~ed A~st 29, 200i~ Revise'd ,OCtober 4, 2OO:i lbcated in A~:}~-rcvia,~}'ly,;v ~ stated, the proposed r~vision to the land use to "Mixed Use X 2~ f ~,, to'~clud¢ office, Commercial and Residential uses could, tax the } .,ilhb~ qlln~ort facilities to their limits A ~ovis0 needs: to be incorporated i ~into; eg~l~}~group 0flor approvals process, 'that th~ ~design-engmeenng * cog~iian~,~sh~dl demonstr~te that sufficient ~tility sYStem(s) capacity is * actable to support the p~6posed Use,' or *e~ will provide the necessary ~ ~ap~deO) to ~ll~w for ~e Croposed use. Failure tO do so could result in } 'iii~fficient utility support to this Park, affeci~g other current (existing) ~ usel~s. :C.' ....... ~?[~. NONE POLICE~ Cmtm~ts: NONE X i ENG~E~RiN~ ~)IVISION Co ......... ~. NONE X EXHIBIT "C" 2 t0/I9/2001 DEPARTMENTS CLUDE REJECT BUILDING DIVISION Comments: NONE '~ . X PARKS AND RECREATION ~ Comments: 3. The City Comrmssion did exempt from the Recreation Dedicatk~n , X Requirement of 272 units of the first 500 units required in NOPC # 10. Applicability or amount of Recreation Fees or Dedications will be considered at subsequent site plan stage. FORESTER/ENVIRONMENTALIST Comments: 4. The proposed Master Site Development Plan shall be modified to remove X the Industrial use designation for Lot 3442. The land area of Lot 3442, 6.58 acres, shall be deducted from the Industrial designation and included as a separate line item titled "Reserved" in the area tabulation shown on the master plan. Developmant shall not occur until: a) the City and applicant evaluates the need for open space "in the PID master plan" and determines that the reduction In open space created by this change is consistent with the City regulations; b) it is demonstrated that the development of this parcel will not interfere with management of the adjacent preserve area. These two(2) conditions are reiterated above and contained within a letter dated October 8, 2001 from the Treasure Coast Regional Planning Council (TRRPC). It is acknowledged that Lot 3442 is not encumbered by any easement, reservation, dedication or p~nait requirement by the City, any regulatory agency or special district including the Quantum Community Development District regarding the use of Lot 3442 for drainage purposes, except the drainage requirements associated with the development of Lot 3442. PLANNING AND ZONING Comment. s: 5. At the time of site plan approval applicant will work with the City to X maximize emergency access for lots 59 through 61 and new lots 100 through 102. 6. Applicant has submitted a revised area calculation summary. Please revise X the Master Plan drawing to reflect the correct acreage calculations proposed for the Mixed Use and Road Right-of Way cate$ones. EXHIBIT "C" 10/'19/2001_ DEpARTMENTs INCLUDE REJECT .~DDITIO~AL~PLA~G AND DEYEL©PMENT BOARD CONDITIONS Comments: NONE : X ADDITIONAL CITY ~OMMISSION CONDITIONS Comments: , S:\pIanning~$HARZDIWPkPROJECTS\Quan~um Ea~k 2001 Amgfl:I~.X~I~,PMD 0:[-&03\con~d~ 9[ ~p~pr~.,~1,290~[ _fo,r~.,!~o~: , TO: THROUGH: FROM: DATE: SUBJECT: DEPARTMENT OF DEVELOPMENT MEMORANDUM i~lb~ PZ 01-214 Chairman ~nd Members Planning and Development Board Michael Rumpf /~qf~¢~' Planning and Zonin~.~ir~ctor Lusia Galav, AICP~r~' Principal Pl~nne~ October 4, 2001 Quantum Park - DRIA 01-001/MPMD 01-003 Master Plan Amendment #12 NATURE OF REQUEST Quantum Park of Commerce is a partially built-out Development of R,egional impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development (PID). It is located on the west side of 1-95, between Miner ROad extended and the Boynton Canal - (C-16). (See attached Exhibit "A" - Location Map). The applicant, MFT Development, Inc. is requesting an amendment to the Quantum Park DRI Development Order (D.O.) adopted December 4, 1984 by Ordinance No. 84-51. The original D.O. was subsequently amended 10 times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05 a~nd 00-02. The City Commission denied Amendment #11 on February 20, 2001. The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan. Amendment #12 proposes several cha,,nges inclu.d,,ing amending the existing use designations on 14 lots in the M~ster Plan to the Mixed Use designation. This proposed change to the Master Plan would potentially represent the second Mxed Use Pod within the PID. All requested changes are depicted in Exhibit "C" - Proposed Master Plan and described as follows: 1) Change in the Master Plan designation of Lots 7, 8, 9, 10, and 11 from Office/Industrial (OI) land use to Mixed Use (MU). The proposed Mixed Use designation includes office, commercial and residential uses; 2) Change in the Master Plan designation of Lots 23, 24, 25, 26, 27, 28, 29, 30, and 31 from Office (O) land use to Mixed Use (MU): The proposed Mixed Use designation includes office, commercial and residential uses; and 3) Increase the maximum number of dwelling units permitted from 500 to 1000. 4) Designate lot 34-C as Industrial (IND) land use on the Master Plan. 5) Reconfiguration of the current roadway and lot layout in the area of the PID north and east of the Quantum Lakes Drive intersection with Quantum Boulevard, along Quantum Quantum Park - DP, IA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 Lakes Drive to the eastern intersection with Gateway BOUlevarc. This would result in two (2) new Mixed Use lots totaling 5.21 acres and combining lots 62 and 63 to create one lot labeled 102 tot.aling 6.145 acres. BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (19) - Substantial Deviati0ns.' The applicadt has submitted a Notice of Proposed Change (NOPC) in accordance with~the statutory requirements The NOPC s reviewed by the Florida Department of Commur';ity ,~ff~irs (DCA), the Treasure' Coast Reg onal Planning Council (RPC) and the City, Th~ DC~ahd the~ RPC are reviewing the proposed NOPC and will provide comments roi owing the procedures outlined in chapter 380.06 (19). ~' The City's Land Deve oDment Re~ aborts Chapter 1:5 Sec,,,4.cA requires a,prehmmaryrreV[ew by the 'Planning and E~evelopm t Board of an! amendrrfent to a*DRI; cl~apter;3~,.06,:E.s, r~quires that the local governing body holda public hearing to review and aFproVe ,the NOBC. The City Commission s required t(~ determin9 whether the pr:oposed change to the Quantum Park'DRI is or is not a substantial d~' ation a§ del bed id Chapter 380.06 (19). If it iS d~itermined uested cfian e s a substant a dev at on then further rev ew Will be required pursuant tiia~thereq ' g ~ . , , ~- -,, . to the statutory ,re~uir:ements~ i lf the City Commis,s~on-:detef~nlnes;that the p~posed, ~ha, qg~ ~s ¢iot a: substantial d(~viation the5 they may,take action to approve or deny the requeste~ char!ge. for Quantum Park. accordance with In addi 2001~. ANALYSIS. Notice of Proposed Chanqe (NOPC) - Substantial Deviation The cdteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that four of the criteria apply to the proposed changes for Quantum. Park DRI. The first two criteria fall under subsection "(b)" whriCh reads as follows; 'Any,:pmposed change to a previously approved development of regional impact or developmen,t order condition which either individually or cumulatively with ~ther changes, exceeds any of the following cdteda Shal constitute a substantial deviation and cause the deve opment to be subject to further development-of- regional-impact review without the necessity for a finding of same by the oca government:". 1. Chapter 380.06(19)(b)9., An increase in the number of dwelling units .by 5 percent or 50 dwelling units, whichever is greater. QuanTum Park - DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 The proposed change includes an addition of 500 residential dwelling units to the 500 currently permitted for a total of 1000 dwelling units. The proposed change exceeds this threshold. However~the proposed change also decreases the permitted industrial and office square footage totals. In this case¢ the criterion clutlined in Chapter 380.06(19)(e)5.c. applies. That criterion is discussed below and Iwould over ride the determination above. Chapter 380.06(19) (b) 13. A decrease in the area set aside for open space of 5 percent or twenty acres, whichever is less. The proposed change regarding lot 34-C fails under this criterion. T a development designation attached to it. The 6.58 acres is includ~ tabulation on the current master plan effective with Amendment area results in a 7.3 percent reduction in the Open Space cate labeled as detention in Master Plans associated with amendments DRI. The Master Plan for amendment # 9 and the current Master I; as 34-C, with no detention designation. It is the applicant's contain longer needed to satisfy the drainage requirements for the Department staff has concurred with this assumption based on do( from the South Florida Water Management District, the regional p( dFainage in this development. The SFVVMD issued a letter dated attached as Exhibit "D", indicating that they had no objection to lis tot has never had ~din the open space ~10. Eliminating this gory. Lot 34-C was ~¢6 through #8 to the lan #10 label this lot on that this lot is no park. Engineenng umentation received rrnitting authority for September 6, 2001, the approval of ,the propOSed changes ctng no adverse regiona~ water resource impacts. Staff has determif~ed that the elimination of tract 34-C from Open Space ~vould not constitute a s;Udstantial deviation. However, staff has sedous concerns re~arding applying a development designation to this lot. These concerns are outJined below Urn:der consistency with the Comprehensive Plan. The third criterion for review of this NOPC relates to a change not specified in the statute. 3. Cha.p..ter 380.06(19) (e) 3;, Except for the change authorized by sub-paragraph 2.f., any addition of land not previously reviewed or a~y change not specified tn paragraph (b) or paragi'aph (C) shall be presumed to create a substantial .deviation. This presumption may be rebutted by clear and convincing evidence. The changes related to conversion of Office and Office/Industrial designations to Mixed Use do not fall into any category specified in the statutory criteria either assuming a substantial deviation or indicating that it is not a substantial deviation. The burden i~s on the applicant to provide clear and C°nvncng evdence that t s not a substanta dev~aton and subject to further development-of-regional-impact review. The information provid~ed by the applicant, including the Substantial Deviation Determination Chart and the traffic study Cresent evidence that the increases proposed for residential use, allowedI in the Mix(~d Use designation is offset by the decreases in the permitted industrial and Office square footage totals. The fourth criterion, which is applicab!e for review of this proposed change is provided in Chapter 380.06(19)(e)5., which states: The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebuffed by clear and convincing evidence". Quantum Park- DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within' a authorized multiuse development ,of regional t three uses specified in As part of the NOPC application the applicant is to com involves changes to Use nt #12 Mixed of I Industrial ConcluSiOn The proposed changes delineated in 'Ame,ndment #12 are determined not: to be~,a sub.stantial deviatiot~ per C,hapter 380.06 (19) of the FlOrida-Statutes. The applicant has!.provi(3ed the Subst~ahtfal De,~atori Table :drainage inf0r~tibn aind a baltic StUdy,: to provi~; clear and cohvin0ih~g'evidence of. a non-substantiah, d~VJati0r~ ~ndiag;~ This-~te~mii3ati, e~;~!i~i,;~subject to satiSfyidg CSndition of Approval ¢1;2 re~ard~ng!, Palm Beach, c¢:;tanty ~raffiC~:~.P~rformance StandardS. ' ' ' Master Plan Modification The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park DRI. 'Fti~e are :{hree major changes proposed. The first change relates to the development of a second Mixed UsC ,Pod in the northwest comer of Quantum Corporate Park, This:Mixed Use Pod eno0mpaSses 14 .lots, for a total of 23;27 acres., The ets are currently vacant, A ,descriptive summary of these changes is provided below. Lots 7, 8,,9, 10, and 11 These lots were previously designated as Office/Industrial '(OI) Land Use. The Land Use has been rev sod to -M~xed Us (MU)". The proposed Mixed Use Land Use Designation includes office, commerciat, and residential uses. Lots 23, 24, 25, 26, 27, 28, 29, 30 and 31 The Land Use of these lots was previously designated as Office (O) Land Use. The Land Use has been revised to "Mixed Use (MU)". The proposed Mixed Use Land Use Designation includeS office, commercial and residential uses. in conjunctioa with the change described above, the applicant proposes to add 500 dwelling units to the 500 currently permitted for a total of 1000 multi-family residential units. Quantum Park - DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 The second major change involves lot 34-C. Th~ applicant proposes to designate this lot Industrial (IND). Lot 34-C is currently undesignated and is included in the Open Space tabulation. Finally, the applicant proposes to reconfigure Quantum Lakes drive in the a~-ea north and east of the Quantum Lakes Drive intersection with Quantum Boulevard, along Quantum Lakes Drive to the eastern intersection with Gateway Boulevard. This reconfiguration will dreate two new Mixed Use lots .totaling~ 5.21 acres; consolidate lots 62 and 63 into one lot labeleal0~2; decrease road right-of way by 3..75 acres and further decrease the open space category dbe to the loss of ake area. The Land Use Acreage Table provided on the Master Plan will be changed as shown below. Land Use Acreaqe Land Use Desi.qnation Proposed Acrea,qe Existin.q AcreaRe Chan.qe Industrial 107.83 101.25 + 6.58 Office (O) 12.96 28.24 (15.28) Office/Industrial (OI) 79.75 87.74 (7.99) Mixed Use (MU) 85.64 62.38 + 23.26 Roads 37.58 41.13 (3.52) Open Space~ 82.20 90.25 (8.05) All other categories on the Land Use Acreage Table remain the same as approved in Amendment #10. The Quantum Park DRI acreage total of 553.13 remains unchanged. (Refer to Exhibit "E" Area Calculation Chart). The Quantum Park DRI has been amended 10 times over the years, whichL~is not unusual for a DRI of this type. The Florida Statute governing the DRI process, Chapter~80.06(19), provides for and anticipates amendments stating that "There are a variety of reas6ns why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions". This proposed changes to the Master Plan were analyzed from two perspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan Impacts Reqional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if QuanTum Park- DRI,~ 01-001/MPMD 01-003 Memorandum No. PZ 01-214 the changes proposed create additional impacts above and beyond what was originally identified and 'mitigated. In the case of the Quantum Park DRI the major issues are whether there will be an increase, in traffic resulting from the land use redistribution/redesignation and reconfiguretion of Quantum lakes Drive. Aisc of concern are the impacts related to drainage if lot 34~C~recei~'es a d~v~lopment desig0at or~-o,f.tndt~s~rial (IND).. ~or Based on: tl~e TRC;~reView ef the Master PlanJ~clu~lhg the trsffic: study, no additional regional mpacts a~e ev dent. Th,e vested numbbr of tri¢.~, 63,752 is presumed to remain unchanged due to the balaric ng of i~tci'~ses :and dec~'eases' i~ tt~ihtensities of the proposed changes to the land .use, desi~nat o.n,s~.. The Pa m Beach County Traffic D vis On has reviewed the traffic State~n~.Ff'o'~ided b~ t~ applicant and has 'hot granted approval. The letter i,s attached as Exh bt, "Fi". The su~tan~al deviation determihati?'is contingent upon the apphcant rectifying the di~;¢ApanCies dteS:~Y!:~he County in order [b as§ure that th~ vested tripe ace-not exceeded. The Dep~ir~ment of CommUnity Affairs and the Treasure Coast Regional Planning Council focus their review of the amendment on regional issues excusively. Staff has not yet received a formal written responSe~frem these agencies. It'is anticipated that the city will receive comments from both agencies before the application goes ,to the City Commission for approval. Local The focus of the substantial deviation determination is regional impacts; The development order for the DRI is a local order and the approval of any requested changes is within the jurisdiction of the c ty As such, the city's main focus is local issues and impa.cts..Besi.d, es.c.o.mpa!!b'lity with, the ComPrehensive Plan. and Land'Development Regulations. to be oescrioeo ~azer, mree loca~ issues were identified dudng the review process. The first issue relates to local traffic concerns. Jeff Livergood, Public Works Director, reviewed the Applicant's traffic report, prepared by Pinder Troutman Consulting, Inc. ,Mr. Livergood focused his analysis on the Qu, a,n½um Lakes Drive road closure and traffic signalization. His analysis is attac~ed as Exhibit G: of this report. Staff s of the opinion that Quantum Lakes Drve can be safely closed at Gateway Bou evard. The reconfiguration as proposed will require that the'. affected area be replatted, ntemal connections tothe reconfigured lots will be addressed at the plat and site plan level. Regarding signalization, staff has determined that traffic signals are currently or will be warranted. It will be the responsibility of the developer and occupants of Quantum Park to pay for the cost of construction when traffic signals at the intersections of Quantum Boulevard and Gateway Boulevard and Congress Avenue are warranted. Adequate ~tility service is the second local issue of concern regarding the proposed change to the Quantum Park DRI. The Utilities Department expressed this concern in first review TRC Quantum Park - DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 comments. The fact is that the.ong~rial DRI for t~e~total park was designed for commercial, industrial and office uses. Both the water and wastewater systems were designed to support these types of uses. Four (4) lift stations,were configured to handle the wastewater generation for the 553.13 acre park. Residential uses:were not calculated into the design and may tax the existing facilities to their limits. The conditions of approval include a requirement that any upgrade to the water and wastewater system within Quantum Park, due tc~ the intensification of land use proposed with this application, must be performed at the applicantfs expense. The third local issue is related to school fadlities, r~ accordance with Comprehensive Plan Policy 8.22.1 a copy of the Quantum DRI Notice of Proposed Change (NOPC) was sent to the School District of Palm Beach County. This policy requires the city to notify the School Board of any residential development over 20 units. The S,,,c,h. eol Board reviewed thel NOPC and provided their response in a-letter attached as .Exhibit H. The letter indicate§ that a concurrency determination shall notbe required at this time. Consistency and Compatibility with City Policies Comprehensive Plan The cdteda used to review Comprehensive F~lan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be par[ of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Although the subject application does not include an amendment to the Comprehensive Plan _olr Zoning Maps. Staff has applied these criteria to the review of the aspects of the subject ap¢lication that involve significant changes in la'nd use options. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase ~n dwelling unit density exceeding 50 in the hurricane evacuation, zone without written approv~al of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recomn~end limitations or requirements, which would have to be imposed on subsequent development of the property, in orderto comply with policies contained in the comprehensive plan. According to the Comprehensive Plan Future Land Use Support Document, under the "Discussion of Supply and Demand for Commercial Land" the following is recommended: Th F t L d U PI h h df th d t b e uure an se anw ic is propose or eCityan area o eannexed by the City will accommodate all of the anticipated demand for commercial land through build-out. Therefore, the City should not change the land use to cqmmercial categories, beyond that which is shown on the proposed Future Land Use Plan, eXCept for minor boundary adjustments, small infill parcels, or commercial, uses cfa highly specialized nature, which have special location or site requirements, and therefore cannot, be easily accommodated on already designated commercial areas.' Policy 1.19.6 of the Land Use Element restates this recommendation: "The City shall not allow commercial acreage which is greater tha~. the demand which has been projected, unless it can be demonstrated that the additional co,m_mercial acreage would not require the proportion of commercial acreage on the City s Future Quantum Park- DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 Land Use Map To exceed the proportion of commercial acreage on the Palm Beach County Future Land Use Map. The City shall not allow commercial unless a particular property is unsuitpble for other uses, or a geographic need exists which cannot be fulfilled by existinc~ commercially-zoned property, and the commercial use would comply w~h a other app icab e comprehens vep an po c es" Policy rh..19~2~of the.. ,Lan.d~ Use~ilement addresses the D~0vJsion ~f .lar3ds~ for :lnd~rial development and reads as. follows: :ontinued effort to allow for industrial.acreage which can been projected in the regional'importance, At the time of adoption of the acreage for each of the various t ~33'acres fo Pta~; approximate and 199 The DRI ~:mendment allowing the develope(s ~'~' ,c0mb, ine the use::c~tegpdes aBd Permit,; Mixed User (Com'n;t{er~ial/Office/Multi,family) provi~i .'.~,~h~ devbfop~rs' with,.aig~t~t~of flexibility with the ultim;at~ likely-reduction in land a.vailabie'.~d~'indus~ia~:Uses. : b Whetherthe proposed rezoning would be contrary to the estabti'clied iand use pattern, or Would create an isolated district uqrela~.ed 'to~adj~ce~t and n,e.a(~.~.; d~stric~ or would consfftute a grant Of'special pnw~ege to ag .tndiwdual propepy,owr~r a~ contYasted w~th the protection of the public welfare. The proposed rezoning cpu d create an ~solated dlstr, ict*that would;~not, ~l¢~te!to the adjacent ands, given [he 'range of Uses that could :be deYe'14~ed;!on ;these; ~a[c~iS.? iiHowever, since designatioh~ for these parcels remain neba, i(~J§,any s~ergism';is~ diffidC~lti ~(~i.,d.b~rmine. The prev Ously approved Mixed Use Pod is located adjacent to roads that are. a ~art. of the City's Thoroughfare system and are provided with easy acCess,from P95 and is witl~in a five-minute wa k of the local Td-Ra station. The areafor wliich th~:additional mixed use d~signation is now being reqUested is isolated from all Of these comp0nedts of the transPdrtation ~twork. W th respect to the change to lot 34-C, indu~stdal use or~.,.this parcel would all ~W for the creation of an is01a[ed uS~ incompati.b, le with the sicn;ound d?. ;e)dsting 'uses,,~wh[cb '~ay detrimentally impact, though ~edge effect, thee 'preserVe, Although. the par'celia:bats' adjacent property (ur~incorpbr~at~d) With future industrial Use potential,.this, parcel also cOh~ai.r~ :; ,~ds-that may be preserved and contribute to the greater pres~rYe area~ ~ithir) QuantUm Pa(kt ~d¢!tional industrial ,ands a prig Miner Road would con(rust ~' th th~ predSminate!y reStdenti,al;.t )nid use character, particularly once the lands surrounding the ~li~h' RiClgei~country; Club ~are~b,~eloped along with the City Park. c. Whether changeo or changing conditions make the p~oposed rezoning desirable. Quantum Park - DRIA 01-001/MPMD 01-003 Memorandum No. PZ 01-214 The applicant has provided no indicatidb i~ih~&Y~c;'ai-e changing conditions that make the proposed change desirable. Furthermore, the applicant has made no progress in the development of the first mixed-use project, which remains vacant, and there also exists lots with the "Industrial? use optior~ that remain undeveloped· Altt3ough staff has not supported previous convers OhS of ndustra y~cassfed, parce s~ staff does not support the ~onvers on. of subject open space to ndustral lands, and recommends that exstng ndustra ands be developed prior to suggesting that open space be sacrificed for land conversion. d. Whether the proposed use would be compatible with utility sysfems, roadways, and other public facilities. The Utilities Department has indicated that any unforeseen impacts to the water and sewer systems and related levels of service will be. borne by the developer· The updated Traffic Impact Analysis submitted with the request for amendment indicates that the traffic generated will be within the imts for whch the DR s vested Wth respect to sod waste the Sod Waste Authority has stated, w~th~n a otter dated January 8, 2001, that adequate capacty exsts to accommodate the county's mun cipalit es throughout the ~10-year plannin.g, per od. Drainage will also be reviewed in detail as part ~f the site, pi~ approvats,'and r~ust satisfy all requirements of the city and local drainage permitting authorities. Lastly, the Parks and .R~creation Department has d~tailed the requirements that ~ust be met at the Site plan stage in order for ts' eve s of service standards to be maintained. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby propeR/es, or would affect the property values o~ adjacent or nearby properties. The 1989 Comprehensive Plan contains policies dealing with the gene. ral incompatibilities between "Industrial" and "Residential" land uses and recommends physical separation and buffering to ameliorate those effects. The proposed location for the additk is adjacent to properties developed for industrial and office uses and is [ Boulevard· On the east the property is buffered from existing dove management tract and on the west by the E-4 Canal· The development multi-family units in this portion of the DRI will likely hinder the use of ad originally intended purpose and therefore further change the overall development. Residential uses could lead to further roadway alterations ar ~ncompatible vehicle traffic and pressures. hal multi-family units isected by Quantum 2pment by a water of an additional 500 acent lands for their ~ature of the entire d the combination of Recent studies, both within Florida and at the national level comparing government revenues to expenses for vadous land uses, indicate that residential development Creates deficits while commercial and industrial development creates surpluses. An increase inlresidential uses and the attendant increase in demands on services without accompanying iht. teases in revenues from other sources, i.e. employment-based development, can create operating deficits for local government. Aisc see criteria "b" above regarding lot 34-C. f. Whether the property is physically and economically developaNe under the existing zoning. On February 29, 2000, a representative of the Quantum development stated to the City Commission that the property could be sold and developed for industrial uses. There is no Quantum Park - DRIA 01-001/MPMB 01-003 Memorandum No. PZ 01-214 indication that conditions have changed to the extent that the same wou~a not be true only one year later. g. Whether the ~roposed rezoning is of a scale which is reasonably related to the r~¢~$10~ the neighborhood and the city as a whole~ .... '" roy de'd b ~he ~ a i~nt to' conveK lands As discussed above there' ~s no justification- p Y ~ P~ . ., ear~a~ed for development as an emploYment ~enter to reSident al development. Ifgne of ~ne aoa 'of;tke' Oi "is t~ ma~nta~h: a jOb~fi~ ~ 6aibn'c~;''as~ ~KdS des gha~ for employment-' based development are reduced, a.correspo~d~ng need for ho~smg d~mm~shes; 0the~se, the Cty b~e,~ m~re y a b~d~om 'commun ty for other more successful, emp oYment centers in With are now many to ag-eed to a :l:imi,tation of 500 tota residential · the rate at which progress toward Land Development Requlations The Quantum Park DRI is zonea Planned Iridustrial Development (PID). Coincident with the approval of Quantum Amendment #10, the PID distrct regulations were amended per r~.~i~n,-,~. N0~' 0~)0;~33 to allOW: "mixed use residential/commercial uses in PID's totaling a Deve oplmepttlrtgu ~ti0ns,were amended to al Ow m xed use pods or ~ , - familymsi~leh!ial and officelprofessional use in a P1D. This Ordinance No. 000-52 also provided for d~sigri gu~del[r~es, s~ubmi~i°n mquirements, review and Waiver provisions related to a Mixed u~eI Pod M~ter Plan. AS provided in the Ordinance, the definition of a Mixed Use Pod is as follows: "Ch.2, Sec. 7 P1 A. - For the purpose of this subsection a Mixed Use Pod is defined as a dove opment project located entirely within a previously approved PID which, when complete, will have all the follow ng Uses: - 1. multi-family residential 2. commercial/retail 3. office and professional The residential component of the Mixed Use Pod may include fee simple and rental dwelling units. A Mixed Use Pod is the aggregate of all land within the PID consolidated anddesignated for mixed uses". The NOPC for amendment #12 as proposed will create a second Mixed Use Pod as defined above. If approved, the second Mixed Use Pod would be regulated consistent with the requirements as adopted in Ordihance No. 000-52 described above. l0 Quantum Park - DRIA 01-001/MPMD 0%003 Memorandum No. PZ 01-214 The other changes proposed in this app c~ii0~ are consistent with current Land Development Regulations. Conclusion As indicated herein, the impacts of ti~e proposed development on the utility systems, roadways and public facilities are either within the existing capacities or additior required of the developer to ensure that levels of service standards a Regarding the conversion of 23.27 acres from industrial and Industrial/Off physical location of the proposed change could be buffered to lesser devalopment on existing and future surrounding development, Howeve~ justification pres,ented by the applicant that w~uld refute the findings ¢ specifically justifY' its C~nflict With the Comprehen$ Ve -P an or'its disa location and fiscal .impact. The same is also true 0f the conversion of lot 3 Change proPosed' to Quantum Lakes Drive Will have :minima :impact, sufficient data. al provisions will be e not compromised. ce to Mixed Use, the the imoacts of-the , there has.been no ~ntained herein, nor d~antages regarding ~--C to,Industrial. The md ~ is, supported by RECOMMENDATIONS Pursuant to Florida Statutes, Chapter 380,06(19) Substantial Deviations, the applicant has demonstrated by clear an~t convin~J3g; e~/idefce 'that the proposed change is not a substan'~ial deviation requiring additional devel~rn~Qt 0f regional impact ~ev ew Regarding the proposed modificat ons to the Quantum Park Master P an staff recommendations are provided below. 1. Addition of 23.27 Acres of Mixed Use (Lots 7-11 and 23-31) Staff does not support the request to. change;the current Office/Industrial (OI) and Office (O) land use. designa;dons on lots 7-11 and 23-31 respectively, to MiXed Us~ to facilitate further residential development in the Quantum PID. The staff positon is ha§ed on the following considerations: First, the Quantum PID was established in order to diversify the city's tax~ base and provde a master planned community suitable for attract ng and retain ng techno ogy, office, industrial and distribution uses. Staff is concerned about whether it is in the city's interest to forfeit the long range economic and land use policies that led to the creation or the Quantum PID. Second, those who developed the existing off, industrial and distribution facilities in the Quantum PID did so with the expeot]ation that they were investing in a city sanctioned planned industrial park. Staff is concerne~l that changing the and use des gnat on qn ots 7-11 and 23 - 31 to M'xed Use wh'ch wou d permit add~tiona residenbal dove opment, without consulting these property owners, could further erode the city's credibility and adversely affect its ability to attract and retain other industrial and distribution uses. These concerns notwithstanding, staff recognizes that there may be other, overriding, considerations related to current economic and market conditions. Accbrdingly, should the Commission decide to grant the land use designations on lots 7-11 and 23-31 to Mixed Use, which includes residential development, staff would recommend that apartments or congregate care/living facilities be prohibited and that any residential development be restricted to fee Quantum Park - DRIA 01-001/MPMD: 01-003 Memorandum No. PZ 01-214 simple with an appropriate price point. Also, the additional 500 dwelling units requested by the applicant are contingent upon Commission approval of Mixed Use for lots 7-11 and 23-31. 2. Lot 34C Staff acl(nov~ edges ~hat 10t 34~C s no tonger part of the required ,drainage system for the DRI . however, staff (:Joes not supPort t~e repl~cemen't (Jr this ope~ Space ~ith ~eve~Pment., This poSitiortiS based On [he-fo! owing: : _ 'r, ' . : e) and an unincorpora{~iPaEcel t6 the 'dedicati0n 0i' ~¢q~isitio~ Which ~th~h. staff!,ha~:;qPPesed;,p~evie~s, ame~,G~ts,rt~,.reduced'tand avada~le~for industrial u~ ~ere curreh~i~¢XlS~, ~&~:,la~ fsi( :i~;~l'~;~'lefor i~"strial use~.. ~ does;not suppo~ Be incre~e ih, i~dusbiafJ~h8 at tb~?~se'of~0p~n spa~. Staff recommends approval Of~the ,reconfig~Jration.of Quantum Lakes, Drive as proposed on the Master Plan Drawing for Amendme2t #12; -Chis includes the creation of two (2) new Mixed Use designated lots labeled ,1.00 af~d'101?otat ~g 5.21 acres and the combining of lots 62. and 63 into one ~ew' .o,t,, abeted 102~, ~he rec~nfig~ra~O~ is- subject to all 'applicable ,~;or~ditions' of ApProval in Exh b t nc (~ding re~ attfng ~f th:~ a~e~ted'pa:~c~ls'. 'LOCATION-MAP =an'D-" QUANTUM PARK NOT " IN ~-ITY PID UANTUM 1/'8 MILE: '0 .400. - FEET NOTES PAR~ BOUNDARY LEOEND OCT x 2001 EXHIBIT "C" PROPOSED MASTER PLAN :~N 01 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Clu]; Road West palm Beach, Flgrida 33406 ~ (561) 686-8800 · .t~L WAT~,,1-800-432-2045 MaitlngAddress: p.O. Box24680. West Palm Beach. FL$3416~680 ' ww~sfwmd.gov EXHIBIT "D · TDD (561) 69%2574 2001 i M~'. Jim Snyder, DRI Coordinato. r ~ 'f'i~C~asure Coast Regional Planning Council 3(~1 East Ocean Boulevard, Suite 300 ! ~ SiUart, FL 33416 . l~ , '.D~car M~SnTde.r.' NotiCe Iff response~to your request~ S reviewed th~ August 8, 2001 Not Approved Development of Begiol tf~e above-referenced pr0je~. development'` Plan td~reflect ~h~ develol~Cnen~ and ~-econfgurati( deve o~ab e lots. ,uth Flor da ication of A Pr< impact !..primary ~Urp, ~,gbs, ~n land Qdan~um, SEP u 7 2001 !? Management (SFWMD) staff has ~bsed Change (NOPC) to a Previously brnitted by Eugene Gerlica, P.E., for 6of the NoPc is to amend the Master affect ng various lots throughout the ~S DriVe to create two additional r rev ew of the documentatior~ :submitte~d,. SD~D st.afl;: did not identify any potential Afte ! i , . .: _-__.2.~ ~ Med i~2~cts that: could result from apprdval of the dverse re ional water resou/u~,~,=,~ ,,,t~-- ' . - . ~ ~, g~ ,~ ~,..; :.,., '~,4~,,,F, .~..~ .,, ~blections to aoorova of the osbd chart es .,uonsequenuy, me ~vvv~ .~o ,,,, ~ ~ ~ prop , , , g i, L. * ~'~';ati0d to ~h~!6roieCt'~-~onceptua Appr0va (Permit o osea changes I-iowev~h ~;,},~u.,~ i' ' ' ' pr p = ' _ ;L.,.L'~,~ ~,~'the~bd~ed I~nd use changes as ~ey may No. 50-01503s) m y q . .~ , ~, , , : impact:the previously permuted a~mage a~d,~and,g$e assumptions. If I ~n be of fuAher assista~e, p(ease do not hesitate to contact me at (561) 682-6862.' Sincerely, James J. Golden, AtCP Senior Planner Environmental Resource Regulation 4Jg c: Roger Wilburn, DCA Eugene Gedica P.E., Quantum Group GOVERNING BOARD Trod[ IC Williams, C. Aafr MkhaeI Collins - Hu~ M, B. nCi~h Lennarr E. Lindahl, Vice-Chair Ge~ardo B. Fernandez Pamela Brooks-Thomas QUANTUM PARK MASTER PLAN AMENDMENT NO 12 AREA CALCULATION SUMMARY NOPC t0 13.53 I~DusTrI^L ~. ~ 101.2~ OFFICE 28.24 OFFICE/INDUSTRIAL 87.74 6.58 OFFICE/iNDUSTRIAL/HOTEL 3.78 MIXED USE 62.38 WETLANDS 6.00 ROADWAY RIGHT-OF-WAY SAND PINE PRESERVE "OPEN SPACE. ET.AL" TOTAL 41.13 4000 90.25 553.14 Lot ~ Ti'act Q - Podio~ included in Lets 100 end 3.142 1.459 tl.3~6 Land Uses Prepared by E. Geriica P.E. t 0/2/01 Tract Q Lots Lots (15.28) 3.75 1.46 7.99 15.28 NOPC 12 Area 13,53 55.90 12.96 79~75 22,94 3.78 6.00 37.38 40.00 82.20 653.t3 Areas Sub,ecl lc Lot 1(] Lot t02 6.145 Page 1 rtl X EXHIBIT "F"- October 5. 2001 eel W. Rupf ~g & Zonir~g n B~ach FL 34425-0310 Oe~r Michael: , c Count Traffic D ¥ s on has review~ Th~ Palm Bee I~ y on~us~'lT~ 200~) forthe project entities; ~tuantom. r tO t~Traft3¢ p~rf, ormance~Standards in Artlcie De~elepment C~de.' 't:~e traffic statement (received . Amendment #I 2. pursuant Palm Beach County Lend tt3~:Traffic Division] has deter~[~ [;~hat the approval can not be g rented due {O the followin~g: The t~affic generated by the high schS~] I~b°ut 2,283 daily tnp$) be counted as vested ~ips within ti~rall Qu'~ntum development traffic generation, · n~'~ ;;~4 ~..~ hnur trios re at~'to~'~ Approvals" ~s pr~ent~ in Attachments lA IB and 1C m~t~ the yalues m the ~test If you bare any~uestion~ r~a~ing this determinatlonl ~ea~ ~n[a~ me at 684-4030. OFFICE OF THE COUN~ E~tNEER Ma~ud Atari, ~ St} Engineer- T~vislo~ MTP ~g I~ Fl~'. ~! * TPS - Mun · Tmffio ~V CITY OF BOYNTONBEACH PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM EXHIBIT "G" TO: Mike Rumpf, Director of Planning and Zoning FROM: Jeffrey R. Livergood, Director of Public Works DATE: August 29, 2001-Revised October 4, 2001 SUBJECT: -Quantum NOPC #12 I have reviewed the prop. ose. d 9ranges considered in NOPC #12 for Quantum Park. Quantum has requested that consideration be given by the City to the closure of the eastern portion of Quantum Lakes Drive at Gatew~ay Boulevard. There are essentially three traffic issues that merit evaluation and scrutiny. ' Quantum Lakes,Drive Closure Staffis-of~the-op~i. on that Quantum Lakes Drive can safely be closed at Gateway Boulevard. Frankly, it is' staf£is.opinion that there is value in closing Quantum Lakes Driveway since this would effectively' ~I/m/na~e. a ¢onfl~ct point on a busy affierial route (Gateway Boulevard). However, in closfiig Quantum~Lakes Drive, we must be cognizant of the revisec~ access configurations fromLots 100 and 102. Staffrecommends that these two lots only be allowed to 'access Gateway B0nlevard in a "right in- right out" manner. Staff would oppose any single iot having full access onto Gateway since the driveways in question are located on ~he inside of the curve on Gateways,and sight d~tance is limited. Traffic Signaliza~on, Quantum Drive and Gateway Boulevard Staff's review of the traffic ~mpact at the intersection of Quantum Drive and Gateway Boulevard is morse complex. As part ~>f the NOPC #11 submittal, the traffic consultant, Pindar Troutman, opined t~at a tmffi~ signhI i~ warranted at this intersection based on peak hour x~arrants, or Warrant 11 from the Manual on Uniform Traffic Control Devices. ~Vith respect to NO/)C #12, the consultant has changed the intersection lane-marking configuration by elim/nating one of two through hnes, both non.h, bosund and southbound, and substituting dedicated right turn lanes. This action was logical became fl~e~assumption was made that there would be very minimal north or southbound through movements at the intersection. Ultimately the critical volume sum that was utilized for level of s~ce analysis could be reduced. Thus the intersection theoretically will have ~ higher traffic ~ap~city. ' However, whereas the critical lane analysis provides information related to overall intersection capacity, it does not lend itself to warrant analysis for signalization. This analysis is based on compl.etely different criteria established in the Manual in Uniform Traffic Control Devices; the same I¢anual utilized by the consultant in NOPC #11 submittal. The consultant has shown no changes in the traffic distribution. Thus, the warrant analysis conducted by Pindar Troutman and summarized[in a report dated February 16, 2001 is still valid. In fact, as lots 7 through 11 and lots 231 through 31 develop as Mixed Use, they will most certainly generate additional traffic that EXHIBIT "G" will use the intersection of Quantum Boulevard and Gateway Boulevard. As such. the need for a traffic signal at this intersection will be even more pronounced. Traffic-Signalization, Quantum Drive and Congress Avenue submittal packet I intersectioia is traffic equally as c ~:this ' signal warrant analysis, Pindar intersection based on the Nc/. 2 - (0/I): the It is very clear that;~raffic signals are cuther currentlyw~e~ e at both Gatewa Boulevard and CongreSs Avenue...T~. ese:s~gn~[S~ 5e!r~ecessary entirelybecause of development in Quantum P~rk. Thus, smlI t)~t~e~*m ~ii~f constr~ct/ng t,h. ese gi~ should be bm;ne by fu .ture..bu?~ a~ ~e~l~! ~ ~b~ ~!tcn ~;ants of the ~,~a.~',i ~'~r~ tl~al! ar~'b~sentlv~en~rating t~raffic 'R ,w0~d.nOt~t~i ~ ~t~t~;~!the City imPqrmfit Or lia¥~ Cee~i ~layed ih prior ye'ars it will be The the ¢ TH[ SCHOOL D1STR~CT OF pALM BEACHCOUNT~ FLORIDA CHIEF OPERATING OFFICER ~340 FOREST HILL BOULEVARD, C-3~6 WEST PALM BEACH FL 3340~5869 t56ll 434-~10 FAX (561) 357-7585 ARTHUR C. JO~N~C}N, Ph.D- EXHIBIT "H" W1LLiAM F. MALONE October I, 2001 Mr. Michael W. Rumpf, Planning Director Planning Department City of Boynton Be*ch 1 O0 E. Boynton Beach Blvd. Boynton Beach, I~L 33435 RE: Quantum ParkDRIA 01-001/MPNID 01-003 Notice of proposed change Amendment 12 Dear Mr. Rumpf-': The School District staff has reviewed your request through the Quantum Park "mixed usa" Master Plan Amendment to the City of Boynton Beach Comprehensive Plan. It is a~, ticipLated that there will be suffivicnt capacity for the students generated by the project. The projected addition of 500' multi-fatuity residential units will add an estimated 25 elementary, 80 mxddle and 80 htgh school students. This project is located in Concurrency Service Area CSA 17. This pro. j~t will ~ exo.mptt.from a school concurrency determination if a complete application is received by the City at ~e mae concm-rency takes effect. If there ara any questions, please call me at (561) 434-8028. --~hne Mills, AICP ~enior Plarmer, Concurrency Angela Usher, AICP, Manager, Intergovernmental Relations, Planning Department, PBSCD Terry Hess, Treasure Coaa Regional Planning Council H:\DATA~WP5 I~)G%CONCRNCIaI~GRI~V~LUA\ L l~Tr ~P~ ~B O"FNT~OB J S 1 $ H:kDATA\CON C RNClXREVDRCXREGRI~~~NOQUANT. DOC Revised Conditions of Approval 10/10/01 Project name: Quantum Park N©PC Amendment #12 File number: IvI~MD 01-003/'DRIA 01-001 Reference: 2~ review plans identified as Master Plan with a September 11,2001 Planning and Zoning DEPARTMENTS INCLUDE REJECT PUBLIC WORKS-General i Comments:NO~E : . : X .. pUBLic W0 S-T affic Comments: t. When warranted the developer and the existing occupants of Quantum Park X will be responsible for the cost 0f construction of traffic-actuated signals at the intersections o~f Quantum Boulevard with Gateway Boulevard and G0ngress,Avenue~ See attached memo from Jeff Liverg00d, Public Works Director, dated;August 29, 2001/Revised 0ciober 4, 5001 located in ~ .txxrn~l . ; · . . ' UTILITIES Comments: ' 2. As previously stated, the proposed revision to the land use to "Mixed Use X (MU)" to include Office, Commercial and Re_sid_ent_ial uses could tax the utility support facilities to their limit~. A proviso needs to be incorporated into each group of lot approvals process, that the design-engineering consultant shall demonstrate that sufficient utility system(s) capacity is available to support the proposed use, or they will provide the necessary upgrade(s) to allow for the proposed use. Failure to do so could r~sult in insufficient utility support to this park, affecting other current (existing) FIRE C,-,,n~ents: NONE X POLICE X Comments: NONE ENGINEERING DIVISION X Comments: NONE I0/11/2001 DEPARTMENTS .... "' ~':'~ INCLUDE REjEcT BU~iLDING DIVISION Comments: NONE I X I PARKS AND RECREATION Comments: 3. The City Comm/ssion did exempt from the Recreation Dedication X Requirement of 272 units of the first 500 units required in NOPC # 10. Applicability or amount of Recreation Fees or DedicatiOns will be considered at subsequent site plan stage. FORESTER/ENVIRONMENTALIST Comments: 4. The proposed Master Site Development Plan shall be modified to remove X the Industrial use designation for Lot 34-C. The land area of Lot 3442, 6.58 acres, shall be deducted from the Industrial designation and included as a separate tine item titled "Reserved" in the area tabulation shown on the master plan. Development shall not occur until: a) the City and applicant evaluates the need for open space "in the PID master plan" and determ/nes that the reduction in open space created by this change is consistent with the City regulations; b) it is demonstrated that the development of this parcel will not interfere with management of the adjacent preserve area. These two(2) conditions are reit~ated above and contained within a letter dated October 8, 2001 from the Treasure Coast Regional Planning Council (TIn, PC). It is acknowledged that Lot 34-C is not enctimbered by any easement, ' reservation, dedication or permit requirement by the City, any regulatory agency or special district including the Quantum Community Development District regarding the use of Lot 3442 for drainage purposes, except the drainage requirements associated with the development of Lot 34-C. PLANNING AND ZONING Comments: 5. At the time of site plan approval applicant will work with the City to X maximize emergency access for lots 59 through 61 and new lots 100 through 102. 6. Applicant has submitted a revised area calculation summary. Please revise X the Master Plan drawing to reflect the correct acreage calculations proposed for the Mixed Use and Road Right-of Way categories. 3 10/11/200t UDE REJECT INCL DEPARTMENTS ,:ADDITIONAL PLUG AND DEVELOPMENT BOARD CONDITIONS · : ~omments; NONE -ADDITIOI~A~L CITY COMMISSION CONDITIONS ~:~Planrdng\SHAPeED\WPkPRO JECT$\Quamum park 2001 Amen # 12~4PMD 01 -O03~cond. DEPARTMENT OF DEV~ELOPMENT MEMORANDUM NO. PZ 01-220 TO: FROM: DATE: SUBJECT: Mayor Jerry Broening and City Commissio~_~ Lusia Galav, AICR'~ ~X/ P~incipal Plann~ October 11 2001 Quantum Park - DR1A 01-001/MPMD 01-003 Master Plan Amendment #12 - Quantum Park and Village Addendum ADDENDUM This report is the addendum to the Department of Development Memorandum No. PZ 01-214 to the Plann ng and Development Board dated October 4, 2001. Updated information is provided regarding the above referenced project. Final Recommendations Regarding the modifications to the Quantum Park Master Plan, staff has revised the recommendation regarding Lot 34-C based on a compromise reached with the applicant. Staff does not object to rewsing the NOPC to allow the 6.58 acres in lot 34-C to be placed in a separate category labeled "reserved" unti this site is evaluated to determine its appropriate use. This recommendation is contingent upon satisfying -evised condition ¢~t4 in the Conditions of Approval, Exhibit "1" attached. Conditions of Approval ~ Exhibit "1" fn addition, the Conditions of Approval, Exhibit "1" has been revised to reflect additional information received subsequent to the release of the staff report. At this lime the Department of Commun ty Affairs has yet to provide any formal commems, Attachments: 1. Letter from the Treasure Coast Regional Planning Council dated October 8, 2001. 2. Letter from Palm Beach County Traffic Division dated October 10, 200t. 3. Letter from Florida Deparb'nent of Transportation dated September 4, 2001 200I Subject: Quantum Park Development of Kegionallmpac~ Notification of Propo,ed Change Dear Mi:. Rampti Ia accordance with the requirements of Section 380.06(I9), Florida Statutes (F.S.), we have reviewed the "Notifi.cation of a Proposed Change to a Prex'/oasly Approved Devel6pment 6f l~gional rmpact (DP, I)" (NOPC)~br the Quantum Park DRI dated AugusZ 8, 2001,: The NOPC proposes ~e following revisioiis ~o the maker pla. n: I) Lots 7,8, 9, 10, and 1! ~and use designation ia to be ck-~angcd from offic~tindui'crial to mixed use, which atl~ws Office, commercial, and residential uses; 2) Lots 23, 24, 25, 26, 27, 28, 29, 30, ;md 31 land use de$i~tion is to be cheaged from office to mixed use, which allows office, commercial, and residential uses: 3) Lot 34C which is currently 'madesi*~a~ed and part oF the open space area is changed to indus',rla]; end 4) Quantum Lakes Ddve is proposed tbr etiraiamion from the imersection with .Q,.ummm Boulevard to the eastern/ntersection with Gateway Boulevard. The applicant proposes :o decrease office and kndu~:rial square footage to allow ~ditional ¢ou~uemial sqt~re footage ;md dwelling units. The proposed changes are presumed'to create a subst, a~i.~I deviation pursuant to Section 380.06(19)(¢)3. sad 380.06(19)(e)$.c, Florida Statw;es. Council has reviewed the Lnforma£ion and determined thaz th~ propoSed changes will not creaI¢ any ackiitlorml regional impacts. CouI'.c~ recognizes mid appreciates the appEc;mt's efforts to c-rear~ a good m/x of land uses and provide for a more sustainable ~:brm Mr. MidhaeI W. R~npf October 8, 2001 Page 2 of development for a portion of the project. However. Coumcfl i~ concerned: with the designation of Lot 34C to bd~tfial. This lot is adjacent to the sand pine scrub pr~-~'e, city park and water retention ~rea. The parcel wa~ origku~ly prope'.~kl for development but during - an amendment to the proj~c~ to addr~s requ~ements with~ the development orde? tl~s area wu designated for pre,~twatio.~ mud later part of the water retention areal O~e~' t~me the overall open space area of the project has decreased and designating L additional reduction. Based on the [ocation of the parcel and the furtb space for ~he project, Staffdoes not r~c~mmend that/he propo~d~chang~ site wi?fl not have a negative impact on the ~-~abl~shcddra~nag¢ ~srem ~t 34C would b~ a~ ,'~ r~iuctkm .b open to ~H~ for Lo~ on the p~oj~t ~d ~ut ~ C~ d:v~lopm~t of~ Ple~e call tyou have any questiot~. Sincerely, DRI Coordinator Ken Mete. alf, FDCA Eugene Ger';ca. Appti¢~ut TDTflL P.03 Octobe~ t0, 2001 Mr. Mio.~eel W. Rumpf ~ zoning (fec~lve~ Land #12 Is es follaws: 1,700,000 SF .. 427.ge2 837.~oc SF 22,700 SF 200 Rooms 2500 Students 53,072 SF 4,000 Seats HT 28,(00 SI= 69,250 3,~54 SF ·. Rink g$,430 SF 1 · t R~ 1,000 Dwellings t . : Fac N/A . enerati~r~,aSsocietea ~tb the n~y pm~s~ ~12~ de~' exM~thetotal~psv~edfor~e ~ Pa~evel~, ap~ov~. I[ Is ~ever, sugge~ to the ~ of Boynton Be Requ~ from ~e ~ ~ultant a table co~adng the ~je~ vs~ed trips ~ on the most ra~ent approval), vem~ t~ generation of ail and uses ~[ch have m~ived devel~me~ o~e~, to date. This gra~l~ needs ~ ~nt~ue ~tb any future su~[~jons, ~e ~te~ of Queue Bouleva~Gat~aY Bouleva~ fore.steal to ope~e ~thin 'unacceptable' conditions, 2~06 ~ena~os, and u~ full ~mpl~lon a~ o~upatlon of the pmJe~. This lo.rich needs to ~ reenacted for futu~e im~Ovemen~, which n~s to ~e implemented by the ~eveloper. i0/18/2081 I5:43 4785778 ENGINE-:5~ING T~FF2C PAGE 83 S~ce~y, OF~g~E OF THE COU~ ~IN~ER M,soad At.~. M~E ~_ S~. Engineer- T~i~on F:~TRAFFI~t~I ~1 ~ BUSH GOVEILNOR Florida Department of TranSportation OFFIC~ OF ~G AND ENVIRObq~NTAL MANACEME~I' - DLerfRICT 4 :t400 Wmm O-~mm'elal ]~lv~L, 3~ Yl~,°~t~ ~ FI. La~fl~mt~l~ FI ;~09-3421 T,~-phon= (9.~4)7'/7-4601; Fm,x~ ~$4)7W4671 Mt. D. Ray Eubauks Mr, Eubanks: September 4, 2001 SUB2'ECT: Quantum Park Development of Regional Impact (I)RD City of Boynton Beach, Palm Beach County Notification of Proposed Change (NOPC) As re uested in the letter from Mt. James Snyder of the Treasure Coast Regional PlannJhg Council dated August 8, 2001, the Department has reviewed the Quantum Park Development qf Regtonal Impact (DR/) Notification of Proposed Change (NOPC). The Quantum Park DKI was originally approved on December I$, 1984 as a mixed-use development. Through amendments the development order now approves the following~ land uses: commercial, industrial, govemment/insUtuUonal, office, recreation and hotel. , In this NOPC (#12), the applicant proposes revisions to the DRI Master Plan to create a:mixed-use development that includes office, commercial, and residential uses. The applicant has l:~oposed the following changes to the Master Plan: · Modifying Lots 7, 8, 9, 10, and 11 from Office/Industrial to Mixed Use, whi~,h includes office, co~wnereial, ami residential uses. This change decreases the Industrial Land Use from 2,275,354 square feet to 1,900,000 square feet. Modifying Lots 23, 24, 25, 26, 27, 28, 29, 30 and 31 from Office/Industrial to Mixed Use, which includes office, commercial, and residential uses. This change deereas~ the Office Land Use from 798,772 square feet to 725,850 square feet. The comblnation of these changes results m an mcreas in Residential Land Us,' from 500 dwelling units to 1,000 dwelling units. ~ .... _ .... : w,.,vw.c~ ut.st:at e.fl.u s Mr. D. Ra); Eebanks September 4, 2001 Page 2 The reconfiguration of Quantum Lakes Drive by closing the se~ent froml Quantum Boulevard to Gateway Boqlc_v~. _d_rcsul~ing in ~lditional developable land to be ~ubdivided into Lots 100 and 101. The new lots are to be designated MiXed Use, which inch~des office, commercial, and residential uses. The Depamaent offers the following commenm: The ch~g.¢ in .r~idential development bom 500 to 1,000 homes that was incltided in the substantial deviation determination chart was not descn"oed in the rkluest for th~ NOPC. The reconfigurafion of Quantum Lakes Drive results in redistribut~e~ traffic vol ,~aes to the intersection of Quantum Boulevard and Gateway Boulevard. The intersection a~,alysb that was provided ~th the NOPC indicates that the increased volumes will cause theilatcrsection to fail unless the northbound and southbound approaches are re-striped from a.sin~le left-turn Iane with dual through lanes to a single left-turn, a single through lan~, and a singl~ right-turn lane. After the re-striping, the intersection operates below the critical volume level. The applicant should specify the party responsible, for the restriping '.n~..provementito current acceptable standards and incorporate the improvement as Condition in the Amehded Development Order prior to the closure of Quantum Lakes Drive. · Please indicate how Parcel MU61 will be accessed with the reconfigurafion~closure of Quantum Lakes Drive, In summary, the Quantum Park DRI NOPC provided to the Department i~ sufficient p~nding the inclusion o f the above comments into the NOPC and Amended Development Order. Please feel free to contaet this office at (954) 777-4601 should you have any questions. GS:mm/al cc: Jim Snyder, TCRPC Bob Romig Oerry O'Reilly John IG'-ane Sincerely, Gustf/vo Schm{r~, P.E. Dis~ct Planning and Environmen~I,i Engineer TOT;~ P. 0~ }(II. - LEGAL ITEbt B.3 ORDINANCE NO. O 01- REVISED AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15, ARTICLE 1. BY ADDING A NEW SECTION 15-10 OF THE CODE OF ORDINANCES; PROHIBITING SOUND DISTURBANCES IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR DEFINITIONS, METHODS OF ENFORCEMENT, AND PENALTIES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission recognizes that the intrusion of excessively loud sounds in residential neighborhoods of the City has the potential for disrupting the quiet enjoyment ofproperty that is necessary to peaceful and productive living; and WHEREAS, thc City Commission has been advised that enforcement of sound tisturbances is olden hampered by the technical enforcement standards currently required by the City of Boynton Beach Noise ~o~itrol Ordinance; and WHEREAS, the.City Commission intends to establish, b~ the adoption of this ordinance a simpler and more practicable means for identifying and proh/biting excessively loud sounds that interfere with a property owners quiet enjoyment of their property, without regard to the message or content of thc sound; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in thc best interest of thc citizens and residents of the City to amend Chapter 15 of thc Code of Ordinances to prohibit sOund disturbances in residential zoning districts during certain hours of thc day; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. Chapter 15. "Offenses-Miscellaneous" is hereby amended by creating a new subsection 15-10 as follows: Sec. 15-I0. Sound control-Short title. This ordinance shall be known and may be cited by the short title of"City of Boynton Beach Sound Control Ordinance." 11[02/01 1 ,ec~ 15-10 . Purpose. k. R is the purpose of this ordknance to preserve the peace and tranquility of residential neighborhoods by prohibiting excessively loud sound and by requiring abatement of excessively loud sound. B This se~ion shall app!y_ ~o.' tke control of s0und origin~a, fing within the ju[i~'sdictional limits of the G~Y of BoYnto~i' Bec/ch re~d to 'the content, meaning, or message of :he sound. It is tbe e~q~ress intent'th~'enf0rc~ment 0f thes~ regulations shall be content aentral. Sec. 15-10.2. Terminology and standards. All terminology used in this ordinance, shall be plan meaning by if not defined, given ,is reqmred be Th~ and its vertical plane extension, which is.twenty (20) mlcropaSc~ (t~mY (20) micro- newtons per meter). Any occurrence or, set of circumstances.involving actual or eminent physical property damage which demands immediate action. work. Any work performed for the purpose~of preventing or alleviating the or property damage threatened or caused by an emergency. Those annual holidays designated in 5 U.S.C. 6103. Any individual, association, parmership or corporation, and includes any officer, department agency, or instrumentality of the United States, a state or any political ~ of a state. audible. A sound which is capable of being heard by a human being without the of a mechanical or electronic listening or amplifying device. An oscillation in pressure, stress, particle displacement, particle velocity or other in a medium with internal forces. The description of sound may include characteristic of such sound including duration, intensity and frequency. sound which is: (1) plainly audible beyond a distance of twenty five (25) feet or further from the apparent property line from which the sound emanates, in a single residential zoning district, or (2) plainly audible in a dwelling unit adjacem to the umI from which the sound emanates or is plainly audible twenty five feet (25) feet or further from the apparent property line from which the sound emanates, in multi-family residential zoning districts. (3) plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a commercial zoning district and is heard in a residential zoning district. ?or purpose of enforcement, it is not necessary to specifically identify the property line as would be depicted on a survey~ rather an approximation of the .property line mat be used taking into consideration physical landmarks such as fences, landscaping, 'setbacks, driveways, or ground treatment. Neekday. Any day Monday through Friday. Weekend. Saturday or Sunday. Sec. 15-10.3. Administration. rhe sound control program established by tiffs ordinance shall be administered by the City Manager, or his designee, of the City of Boynton Beach, Florida Sec. 15-10,4. Inspections. Upon presentation of proper credentials, the City Manager or his designee, may enter and/or inspect any private property, place, report or records at any time whenlgranted pemaission by ~he owner, or by some other person with apparent authority to act for the owner. Sec. 15-10.5. Prohibited acts. ~qo person shall make, continue or cause to be made or continued any 5ound disturbances, as tefined herein, between the hours of 10:00 P.M. and 6:00 A.M on weekdays and between the hours of 12:00-~ A.M. and 7:00 A2vI. on weekends or national holidays. Sec. 15-10.6. Exemptions. Sound emanating from the following acts and the causing or permitting thereof shall be ~ecificaliy exempted fi'om the prohibitions of section 15-1025. /02/0! (1) - Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in Chapter 316, Florida Statutes, and applicable rules and regulations of the Department of Highway Safety andMotor Vehicles. (2) Aircraft and interstate railway and locomotives and rail cars. Sound generated by aircra~ ~nd interstate, ra~,ay locomotix~es,and rail cars. (3) Emergency activities, ,amy sound generated, as -a,.tesult of emergency work or for ge purpose of aler~g the iaublic to the existence of an emergency situation. (4) Domestic ,power tools and, lawn maintenance equipment. Any sound generated by the operation 'and use of domestic power~m~als and lawn maintenance equipment. (5) soxmd, generated by the operation and use .'of ,air-cOnditioning units in residenti~ districts, (6) Non-amplified solo musical instrument played by an individual within a private residence. 15-10.7. Enforcement and Penalty. The City Code Enfomement Board shall have jurisdiction to hear and decide cases violations of this Chapter are alleged, or The City may enforce the promsion of this Code by supplemental Code or Part 2 of Chapter t62, Florida Statutes, The City may prosecute violations by issuan,?e of Notices to Appear for violation of a Ordinance, in which case, the penalty for a violat/on shall be as follows: (1) First violation - $50.00 (2) Second violation within twelve (12) months of adjudication of first violation - $100.00 (3) Third violation within eighteen (18) months of adjudication of first v~olation - $500.00 Each calendar day on which a violation exists shall constitute a separate violation for the purpose of determining the fine. D. A violation of this Article may be prosecuted as a nmsance. The City Attorney may bring suit on behalf of the City, or any affected citizen may bring suit in his/her name against the n or persons causing or maintaining the violation, or.against, ~e_ perso ........ _-_,~,4~, exists Relief may be grante~l accoramg building or property on wmcn me wma~,~ · __, . and conditions of Chapter 60, Florida Statutes, entitled Abatement ot rqmsances. LI/02/01 E. Violations of this Article may be.enforceable by arrest. For the ..... purpose of this section, any person owrnng or l~aving respons~bd~y' ':*" tutr-- r or a ousmess prennses, however temporarily, any p~fformer or disc jockey sound upon any business premises, any person playing, producing or con~rolling or other sound, any person having control of the volume of music or sound, and the s named on the Occupational license where the music or sound is emanating may ge jointly and severally liable for compliance with this Article and shall be responsible for any No citation or notice to appear for a violation of this ordinance shall be issued until a law officer or cod~ enf~[cement officer has made contact with the owner, occupant or ~e prop~ fi.om ~Vhlch the offending sound emanates.to request abatement of the ~oun, ~. ,Whe~.~.a request for..a, batement ~s made and the offending sound is not [y an.a.t .en, .or ~r ~t [esumes w~thin ninety (90) minutes folloWing.initial abatement, or again w~ttun three O) days, a citation or notice to appear may issue without additional Each and every other provision of Chapter 15, of th~ Code of Ordinances of' City of Boynton Beach not hereto specifically amended shall remain in full force and . as previously enacted. All ordinances or parts of ordinances in conflict herewith be and the same are provided that no portion of the City of Boynton Beach Noise Control shall repealed. The provisions of this ordinance shall constitute an alternate and 1 means of enforcement to the City of Boynton Beach Noise Control Ordinance. ¢. In action or proceeding to enforce this ordinance it shall be prima facia that prohibited music or other sound is audible at the property line of the property fie sound is emanating if the prohibited sound can be measured at a decibel level 65 dB, provided however, that no decibel level readings need be taken to ~ a violation of this Article. 5. Should any section or provision of this ordinance or portion hereof, any sentence or word be declared by a court of competent jurisdiction to be invalid, tot affect the remainder of this ordinance. Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon passage. FIRST READING this day of , 2001. SECOND, FINAL READING AND PASSAGE this day of · 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor ~viceMayor Commissioner ATTEST: Cc/r~a~ssroner~ · Commissioner Requested City Commission [] July 17. 2001 [] August 21, 2001 [] September 4. 2001 XII. - LEGAL ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5. 2001 [5:00 p.m.) July 18,200] (5:00 p.m. August 8, 2001 (5:00 p.m.) August 22. 200I 5:00 p.m.) Requested City Comm/ss~on Meefin~ Dates [] September 19 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001-5:00 p.rm) September 20. 200t (5:00 p.m.) October 3, 2001 (5:00 p-mO October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Develop~nt Plans ~ Consent Agenda [] New Business [] Public Hearing ~ Legal '-] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve an Ordinance on First Reading mending Chapter U5 to prohibit sound disturbances in residential zoinng districts during certain hours of the day. EXPLANATION: Adoption ofthis ordinance will establish a simpler and m°re practicable means f°r identifying and prohibiting excessively loud sounds that interfere with a property owners quiet enjoyment of their property, w/thout regard to the message or comem of the sound. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Dep~ l/f~d's Signature City Attorney Deparmaent Name City Manager's Signature City Attom~J~inance / Human Resources S:kBULLETINkFORMS AGENDA ITEM KEQUEST FORM.DOC XII. - LEGAL ITEM B.3 ORDINANCE NO. O 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AM~NDrNG CHAPTER 15, ARTICLE l. BY ADDING A NEW SECTION 15-10 OF THE CODE OF ORDINANCES; PROHIBITING SOUND DISTURBANCES 1N RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR DEFINITIONS. METHODS OF ENFORCEMENT, AND PENALTIES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ~EREAS; th~ City Commission recognizes that the intmlion of excessively loud sounds in residential.,'nfi, n~ighborhoods of the City has the potential for disrupting the quiet enjoyment of property that is necessary :o peaceful and productive living; and WltEREAS, the City Commission has been advised that enforcemem of sou. nd isturbances is often hampered by the teclmical enforcement standards-- currently required by. ~e City of Boynton~Beach Noise Control Ordinance; and WHEREAS, th~ City CommissiOn intends to establish, 1 ' the adoption of tltis ordinance a simpler and more practicable means for identifying and ,rohibiting excessively loud sounds that interfere with a property owners quiet enjoyment of their property, without regard to the message or content of the sound; and WItEREAS; upon the recommendation of staff, the City Commission deems it to be the best interest of the citizens and residents of the City to amend Chapter 15 of the Code of Ordinances to prohibit Sound disturbances in residential zoning districts during certain aours of the day; NOW TI-IERRFORE, BE IT ORDAINED BY TIlE CITY COMMISSION OF TIE CITY OF BOYbITON BEACH, THAT: Section 1. Chapter 15. "Offenses-Miscellaneous" is hereby amended by creating a new subsection 15-10 a~ t~0116WS: . ;ec. 15-10. Sound control-Short title. rhis ordinance shall be known and may be cited by the short title of"City of Boynton Beach Sound Control Ordinance." Sec. t5-10.1. Purpose. A. It is the purpose of this ordinance to preserve the peace and tranquility of residential neighborhoods by.'prohibiting excessively loud sound and by requiring abatement of excessively loud sound. B. This ,se'etlon shal~pl~i~.co~ol ~.f'~¢~ ,0~gina:~ng within the jurisdictional limits of the'~it~; ofBo!~'/c~ t~;~ith6m r~d t6 ~e cohtent; mean]ng, or message of the sound. It 'i~':th~e>~S~s~e~t::~t~eh~otc~ffient~O~{~e~mgnlat~°ns shall~be c°ntent neutral. Sec. 15-10.2. Terminology and sta~lard . : . All terminology used in this ordinance, shall be .as de,ed _h.~ein .or, if n.ot!.defi~, ed, gl.yen, nlan meanin~ 'bg reference.to c~` ~mmon dictio~arY~ d~fn~tiom :w?laen?m~rpre~auon ~s _r~ulrea ~v reference~0 ~ source mbre definitive ihan this c6de~0r:a di~o?arY~,YeferenCe ~hall first be [~n~a~; t'~pr~blicati°ns of~ :American Nati0n'ai~iSt~da~t~'~imte :(~s~':: , ,,and its vertical plane extension, (20) (20) times the gound-measured to the micro- newtons per Emergency. Any occurrence or set of ckcumstances involving .actual or eminent physical :rauma or property damage which demands immediate acuon. or alleviating the National Holiday. Those armual holidays designated in5 U.S.C. 6103_. Person. Any individual, association, parmership or corporation, and includes any officer, employee, department agency~ or instrumentality of the,United Sta~es, a state or any political subdivision of a state. Plainly audible.'" ~ A sound.which is capable of being heard by a human being without the ~ssistance of a mechanical or electronic listening or amplifying device. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound including duration, intensity and frequency. ound disturbance. Any sound which is: 0/26/01 (1) plainly audible beyond a distance of twenty five (25) feet or further from the apparent property line from wkich the soUnd emanates, in a single residential zorm3g district, or (2) plainly audible in a dwelling unit adjacent to the Unit from which the sound emanates or is plainly 'audible twenty five :feet (25) feet or further from the apparent property line fi:om which the sound emanates, in multi-family residential zoning districts. (3) plainly audible beyond a distance of one hundred (1t30) feet or further fi:om the apparent property line from which the sound emanates when the sound emanates in a commemial zoning district and is heard in a residential zoning district. For purpose of enforcement, it is not necessary to specifically ldenlify the property line as would be depicted on a survey, rather an approxim~tiun of the property line may be used taking into consideration physical landmarks such. as fences, landscaping, setbacks, aLriveways, or ground treatment. Feekday. Any day Monday through Friday. Weekend. Saturday or Sunday. Sec. 15-10.3. Administration. the sound control program established by this ordinance shall be administered by the City Manager, or his designee, of the City of Boynton Beach, Florida. Sec. 15-10.4. Inspections. Upon presentation of proper credentials, the City Manager or his designee, may enter and/or inspect any private property, place, report or records at any time whet granted permission by the owner, or by some other person with apparent authority to act for the owner. Sec. 15-10.5. Prohibited acts. No person shall make, continue or cause to be made or continued any sound disturbances, as defined herein, between the hours of 10:00 P.M. and 6:00 A.M onweekdays and between the hours of 12:00 P.M. and 7:00 A2vI. on weekends or national holidays. Sec. 15-10.6. Exemptions. ;oUnd emanating from the following acts and the causing or pecrrdtting thereof shall be ~ecifically exempted from the prohibitions of section 15-10.5. i0/26/01 (1) ' Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established-in Chapter 3~16 Florida Statutes, and applicable roles and regulations of the Department of HighWay SafetY and M0tm/ Vehicles (2) Aircraft and interstate railway and locomotives and rail cars. Sound generated , ~ ~ by:aircnafcand i~ters~i~ railw~y4ocemotiy, es4md_. ~ ~ , ~-,. rail cars. (3) Emergency activities ~y.sc~tm~g~e~ra, t, ed a~a ~esult of emergency work or for tl~e p~urpose Of alerthag, the~ phblic to the eXistence of an emergensy (4,) Doroestic power t0ols~imd{~wn main, te!mnce equipment, Any sound .generated by ~¢ op~ation and Use o(" domestic, po~,~r,,,~ t0ots and lawn ,mantenance equiproem. (5) S~ui~d ~geilerated, hY .th*, o· peratmn und us*, of air. conditioning units in residenfiaLdis~ct s. : · (6) Non-amplified solo musical instmmem played by an individual within a private residence. Sec. 15-10.7. Enfomement and Penalty. ~.. The City Code Enforcement Board shall have jurisdiction to hear and decide cases aa which violations of this Chapter are alleged, or B. The City may enforce the provision of this Code by supplemental Code or Ordinance enfomement procedures as provided by Part 2 of Chapter 162, Florida Statutes, or ' C. The City may prosecute violations by issuance of Notices to Appear for violation of a City Ordinance, in which case, the penalty for a violation shall be as follows: (1) (2) First violation - $50.00 second violation within twelve (12) roonths of adjudication of first violation - $100.00 (3) Third violation within eighteen (18) months of adjudication of first violation- $500.00 Each calendar day on which a violation exists shall constitute a separate violation for the purpose of determining the fine. A violation of this Article may be prosecuted as a nuisance. The City Attorney may ~fing suit on behalf of the City, or any affected citizen may bring suit in his/her name against the ~erson or persons causing or maintaining the violation, or again,qt the owner/agent of the - ' 'e..fmay b ,~ x~t .ed~ 2C~Te[.ding uilding or property on which ~e ~olat~on exists...Re!~ e to the terms ~nd conditions of Chapter 60, Florida Statutes, entttlea Aoatemem o~t-~ut~a~tc . -~ 10/26/01 E. Violations of this Article may be cufforceable by arrest. F. For the purpose of this section, any person owning or having responsibihty for management of a business premises, however temporarily, any p~u'former or disc jockey producing sound upon any business premises, any person playing, l~mducing or controlling music, ~or other sound, .any person having control of the volume of ~nusic or sound, and the business as named on the occupational license where the music or sodnd is emanating may be jointly and severally liable for comPliance with this Article and shall be responsible for any violations hereof. G. No citation or notice to appear for a violation of this ordinance s~.~all be issued until a taw enforcement officer or code enfomement officer has made contact with the owner, occupant or operator of the property from which the offending sound emanates to :equest abatement of the offending sound. When a request for abatement is made and the offending sound is not immediately abated, or if it resumes within ninety (90) mutes follo~ kig initial abatement, or occurs again within three (3) days, a citation or notice to appear ma issue without additional request for abatement. Section 2. Each and every other provision of Chapter 15, of th the City of Boynton Beach not herein specifically amended shall r effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict here~,ith be and the same are hereby repealed, provided that no portion of the City of Boyntonl Beach Noise Control Ordinance shall repealed. The provisions of this ordinance shall constitute an alternate and supplemental means of enforcement to the City of Boynton Beach Noise Control Ordinance. Section 4_. In action or proceeding to enforce this ordinance it shall be prima facia evidence that prohibited music or other sound is audible at the property line of the property from which the sound is emanating if the prohibited sound can be measuredl at a decibel level exceeding 65 dB, provided however, that no decibel level readings need be taken to substantiate a violation of this Article. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this day of , 2001. Code of Ordinances of. ,~main in full force and L0/26/01 SECOND, FINAL READING AND PASSAGE this day of ,2001. CITY OF BOYNTON BEACH, FLORIDA Vice M~yor Commissioner ,Commissivner~ Commissioner SEAL) H:\1990X900182.BB\ORDXSound Control Ordinance.doc 10/26/0! Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21 2001 [] September 4. 2001 XlI. - LEGAL ITEM B.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5,200l (5:00 p.ra.] July 18. 2001 5:00 p.m.) August 8, 2001 (5:00 p.ro.) AugUst 22, 2001 (5:00 p.m.: Requested City Commission _M¢. etine Dates [] September 19, 2001 [] October2. 2001 [] October 16,2001 [] November6, 2001 Date Final Form Must be Turned ~n to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) _ October 17, 2001 (5:00 p.rr~) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heming [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to approve an Ordinance on First Reading relating to the imposition and collection of Fire Rescue Assessments against property; Amending Ordinance No. 01-34, The Fire Rescue Assessment Ordinance to lim/t the imposition of the Fire Rescue Assessment to seven years. EXPLANATION: The City Commission enacted the Fire Rescue Assessment Ordinance on July 11,2001, and, in accordance with its provisions adopted the Initial Assessment Resolution (R01-217), also un July 11, 2001. In response To much public corot during the public hearing the City Commission finds it to be in the best i~terest of the City lo amend the Fire Rescue Assessment Ordinance and only authorize the imposition for the Fire Rescue Assessment Ordinance for seven years, until Fiscal Year 2007-2008. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Not approve the Final Assessment Resolution· Depart~t i~e~d s Signature City Attorney's Office Deparunen~ Name City Manager'S Signarare City Attorney / F' ce / Human Resources S:XBULLET1N~FOKM SXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. XII. - LEGAL ITEN B.4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA RELATING TO THE IMPOSITION AND COLLECTION O.F FIRE RESICUE [RTY; AMENDING ASsEssMENT FIRE RESCUE ASSESSMEN? TO SEVEN YEARS, PRQVIDING FOR SEVERABiLITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OFTHE CITY OF BOYNTON BEAC., F oR'DA:/ SECTION 1. DEFINITIONS. Alii capitalized words and terms in {his ordinance shall have the meanings set forth in the Ordinance~ the Initial Assessment Resolution, and the Final Assessment Resolution. SECTION 2. FINDINGS· The City Commission hereby ascerta ns, determines and declares as follows: (A) The City Commission enacted the Fire Rescue Assess ent Ordinance on July 11 2001 and in accordance with its prows~ons adopted the nitial Assessment Resolution (R01-217) also on July 11,2001. (B) The Initial Assessment Resolution directed the mailing f first class notices to all property owners affected by the proposed Fire Rescue A.,sessment and the publication ofthe proposed Fire Rescue Assessment rates. These n(~tices also informed property owners and the public of a public hearing to be held on September 4, 2001. The City Commission held and opened that public hearing and after receiving comments, continued the hearing until October 16, 2001. (C) The City Commission received much public comment during the notice period In response to that commentary, the City ~ommission hereby and at the public hearings. declares it to be in the best interest of the City to amend the Fire Rescue Assessment / Ordinance and only authorize the imposition of the Fire Rescue Assessment Ordinance for seven years, until Fiscal Year 2007-2008. SECTION 3. AMENDMENT OF ORDINANCE NUMBER 01-34. The City Commission hereby amends Article IV, "General Provisions," to include the following new section: SECTION:'~4.;05., LIMiTATiO~N ON FIRE~, RESCUE ::)ns.) SECTION 4. S~VE~ILI,TY. Th~,proVis onsefthis ordinanceare severable; and f.any sect on subsect ~n" ,se~{e~ce,'C~aus~"b~"Pr~v~ien is heid invalid ,by ady couA of competent jurisdiction, the ~;ini~ pr~isib~&'~i~iS not be affected thereby. SECTION 5. EFFECTIVE DATE. This ordinan~ shall ~ke effeCtimmediatety upon its passage and adoption on the second and final [eading. PASSED AND ADOPTED on First R~ad ng on the day of November, 2001. PASSED AND ~OPTED on Seine Reading and Final Reading,on the ~ day of November, 2001. (SEAL) ATTEST: CiTY OF BOYNTON BEACH, FLORIDA BY:GERALD BROENING, Mayor Janet Prainito, City Clerk APPROVED AS TO FORM AND CONTENT: James A. Cherof, City Attorney October 23, 2001 Via E-Mail and United Parcel Service James A. Cherof Boynton Beach City Attorney 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: Amending Fire Rescue Assessment Ordinance and (revised) Final Assessment Resolution Dear Jim: Enclosed with this letter you will find the final version of the ordinance amending the Fire Rescue Assessment Ordinance to "sunset" the imposition of the assessment on September 30, 2008. In addition, I have enclosed the final version of the (revised) Final Assessment Resolution for the City Commission's ratification. The onginal affidavit of supplemental mailing will be sent to you by separate cover. Please attach this affidavit to the Final Assessment Resolution at Appendix D. Also, the original affidavit sent to you before the September 6 public headng should be attached to the Final Assessment Resolution at Appendix A, along with the published notice of the September 6 hearing at Appendix B. If the City published any form of notice for the October 16 continued public hearing, such a notice could also be included at Appendix B. James A. Cherof October 23, 2001 Page 2 Please call me if you have any questions. Very truly yours, Virginia Saunders Delegal VSD:sib Enclosures cc: Kurt Bressner, City Manager (w/enc.) Camille P. Tharpe, GSG (w/enc.) Requested City Cormmss~on Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 2l, 200I [] Septemb~ 4, 2001 XII. - LEGAL ITEM C,1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:0t3 p.m.) August 22, 2001 (5:00 p.rm) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2,200t [] Oct6ber 16. 200I [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5. 200I (5:00 p.m.) Sepmmber 20, 2001 5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17. 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adrrdrfistrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve a Resolution urghig the Palm Beach County Legislative Delegation to iaitiate end support the creation of an independent Special District for the purpose of acquisition and t~aain~enence of Caeenways in the Greater Boynton Beach Region of South Palm Beach County. EXPLANATION: The City Commission of the City of Boynton Beach urges members of the Palm Beach County Legislative Delegation to draft, support end enact a Special Act creating an independent special district for the greater Boyntun Beach region of Palm Beach County for the purpose of acquiring, constructing, and maintaixting greenways throughout the region and comprising the municipalities of Hypoluxo, Lantana, Ocean Ridge, The Village of Golf, Delray Beach end the unincorporated lands which comprise the Coalition of Boyntun West Residential AsSociations (COBWRA). PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Dep~t-H~ead's Signature City Attorney Department Name City Manager's Signature /City 2~ttorney / Fmence ~ Human Resources s :XB ULLETIN'xFO 1LMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. XII. - LEGAL ITEM C.1 REVISED A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON URGING THE PALM FOR AND THE BEACH, FLORIDA, BEACH COUNTY INITIATE AND THE PURPOSE MAINTENANCE OF BOYNTON BEACH WltEREAS,. the potential for urban sprawl and over development in South Palm Beach County endangers the opportunities for.the preservstiisn of open space; and WHEREAS, the drive to develop proper~y for residential and commercial purpose has shown little sensitivity to the need to prose, rye open space and, WItEHEAS, the creation of greenways by the development community is neither evident nor likely; and, WHEREAS, the creation of greenways is an obligation and duty more suited to the efforts of local government through the creation of special districts; and WHEREAS, the creation of greenways has been linked to thc enhancement of environmental protection, recreational values and aesthetic appearance of communities; and WHEREAS, the ercatio~ of g~eenway corridors in other communities has shown a potential for the creation of jobs, enhancement of property values, attraction of new or relocating businesses and the promotion of a sense of local community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2. The City Commission of the City of Boynton Beach urges members of the Palm Beach County Legislative Delegation to draft, support, and enact a Special Act creating an independent special district for the greater Boynton Beach region of South Palm- Beach County for the purpose of acquiring, constructing, and maintaining greenways throughout the region and comprising the municipalities of Hypoluxo, Lantana, Ocean Ridge~ the Village of Golf, Delray Beach and the unincorporated lands which comprise the Coalition of Boymon West Residential Associations (COBWRA). The City Commission of the City of Boynton Beach urges creation of a special independent district during the 2002 Legislative session. SECTION 3.. The City Commission of the City of Boynton Beach further urges Palm Beach County, the municipalities of Hypoluxo, Lanta~a, Delray Beach, Ocean Ridge~ the Village of Golf and the Coalition of Boynton West Residential Associations (COBWRA) to enact supporting resolutions urging the creation oi' an independent special district. .SECTION 4: The City Clerk of the City of Boymon Beach is directed to forward copies of this Resolution to each member of the Palm B~ach County Legislative Delegation, the Palm Beach County Commission, the elected officials of the above- referenced municipalities, and the representatives of COWBRA.. SECTION 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6. If any clause, section, other part or application of ttris Resolution is held by any court of competent jurisdiction to be uncqnstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. This Resolution shall become effective upon adoptiora PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF ~OYNTON BEACH, FLORIDA, THIS DAY OF ,2001. MAYOR COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER ATTEST: IANET PRAINITO, CITY CLERK APPROVED AS TO FORM: /AMES A. CHEROF, CITY ATTORNEY S:XCAXRESO'g..egislative Actions gr~enways.do~ 2 Requested City Commission [] July 17, 200I [] AugUst 7, 2001 [] August 21. 2001 [] September 4., 2001 XII. - LEGAL ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Mustbe Turned in to City Clerk's Office July 5, 2001 (5:00p.m.) July 18, 2001 (g:00 p.m.) August 8, 200t (5:00 p.m.) August 22, 2001 (5:00p.rm3 Requested City Commission Meeting Dates [] September i9, 200l [] October2, 2001 [] October 16.2001 [] November 6, 21~01 Dam Final Foma Must be Turned in to City Clerk's Office Sepfember 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] NewBusiness [] Public Hearing [] Legal [] Bids [] Unfinished Business [] .Mmouncemenr [] PresentaUon [] City Manager's Report RECOMMENDATION: Motion to approve a Resolution urgmg the Palm Beach County Legislative Delegation to initiate and support the creation of an independent Special Dis~ict for the purpose of acquisition'and maintenance of Greenways in the Greater Boymon Beach Region of South Palm Beach County. EXPLANATION: TheCityC0mmissionoftheCityofBoymonBeachurgesm~mb.e. rs.oftheP.~dmBeachCoun~Y~ ~ Delegation to ckaft, support and enact a Special Act creating an independent spemal thstnct for tile greater Boynton tseacn region of South Palm Beach County for the purpose of acqmrmg, constmcmag, and maintaining ~een_ways t~. oughout the region and comprising the municipalities of Hypoluxo, Lantana, Ocean R/dge, the Village of Golf and the tmmcorporated lands which comprise the Coalition of Boynton West Residential Associations (COBWRA). PROGRAM IMPACT: FISCAl IMPACT: ALTERNATIVES: D pmm t Si na e City Attorney Department Name City Manager's Signature ~t~'~Attomey / Finande Human Resources S:kBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. A RESOLUTION OF, THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING THE PALM BEACH COUNTY ~WHE. REA. S, ~ potential for urban sprawl'and over development in South Palm Beach county endang~ the opp0mmities for thepreservation of open space; and WHEREAS, ~e drive to develop property for residential and commercial purpose sas shown little sensiti~ty to the need to preset% ~pon space; and, WHEREAS, the creation of greenways by the development community is neither evident nor likely; and, WHEREAS, :the ereatiori of greenways is an obligation and duty more suited to the f efforts oflocal government through the creation 0fspecial districts; and " WHEREAS, the creation of greenways has been linked to the enhancement of ~nv~romnental protection, recreational values and aesthetic appearance of communities; and · ~7~_ .ER~:AS, ~ creation of greenway corridors in other communities has shown a ,oten. al for the oreati0n or jobs, ~ancement of property values, attraction of new or :elocating businesses and the promotion of a sense of local community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and onfumed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2. The City Commission of the City of Boynton Beach urges members of the Palm Beach County Legislative Delegation to draft, support, and enact a Special Act creating an independent special district for the greater Boynton Beach region of South Palm Beach County for the purpose of acquiring constructing, and maintaining greenways throughout the region and comprising the municipalities of Hypotuxt, Lafitana, Ocean Ridge, the Village of Golf and the unincorporated lands which comprise the Coalition afBoynton West Residential Associations (COBWRA). The City Commission of the City of .'~CA'~RES OLLe g~s htiw A~fion.qxglemway&doc Boynton Beach urges creation of a special independent district during the 2002 Legislative session, SECTION 3. The City Commission of the City of Boymon Beach further urges Palm Beach County, the municipalities of Hypoluxo, Lantana, Ocean Ridge, the Village of Golf and the Coalition of Boynton West Residential Associations (COBWRA) to enact supporting resolutions urging the creation of an independent special district. SECTION 4. The City Clerk of the City of Boynton Beach is directed to forward copies of this Resolution to each member of the Palm Bea, ch County Legislative Delegation, the Palm Beach County commission, the elected officials of the above- and the representatives of COWBRA.. SECTION 5. repealed to the extent of such conflict. All resolutions or parts of resolutions in conflict herewith are SECTION 6. If any clause, section, other part or appl held by any court of competent jurisdiction to be unconstitutior~ it shall not affect the validity of the remaining portion,' SECTION 7. This Resolution shall become effective PASSED AND ADOPTED BY THE CITY COMMISSIOI I BEACH, FLORID& THIS DAY OF :ation of this Resolution or invalid, in part or or applications of this ~onadopfion. OFT HE CITY OF ,2001. MAYOR COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER ' PRAIN1TO, CITY CLERK ; TO FORM: CHEROF, CITY ATTORNEY 2