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Agenda 07-05-00 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING BOYNTON LEISUREVILLE COMMUNTrY CLUBHOUSE 1807 SW 18'm STREET BOYNTON BEACH, FLORIDA 33426 AGENDA 3uly 5, 2000 6:30 P.M. IT. A. Appointment To Be Made OPENINGS: A. B. C. D. Call to Order - Mayor Gerald Bmening Invocation - Rabbi Max Roth -Temple Beth Kodesh Pledge of Allegiance to the Rag led by Mayor Gerald Broening XF YOU WXSH TO ADDRESS THE COMMISSION: FXLL OUT THE APPROPRXATE REQUEST FORM GXVE ZI' TO THE CITY CLERK (ON THE DA[S) BEFORE THE "OPENINGS" PORT~ON OF :THE AGENDA HAS BEEN COMPLETED. COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDXVXDUALS MAY SPEAK FOR THREE UN~ITERRUPTED MINUTES. E, Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption ADMINISTRATIVE: Appointments to be made: Length of Term Board Expiration Date Mayor Broening I Weiland 1~ Black II1 Sherman IV Fisher Children & Youth Advisory Board Alt Children & Youth Advisory Board Reg Children & Youth Advisory Board Stu/Reg/Voting Children & Youth Advisory Board Stu/Reg/NonVoting Bldg. Board of Adjustment & Appeals Alt I Weiland Code Compliance Board Alt 1 yr te~m to 4/01 2 ~/r term to 4/02 i yr term to 4/01 1 yr term to 4/01 1 yr term to 4/01 1 yr term to 9/00 Agenda Regular City Commission City of Boynton Beach Beynton Beach, Florida 3uly 5, 2000 T[! Sherman IV Fisher Mayor Broening T Weiland [! Black IV Fisher Mayor Broening III Sherma~ Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Nuisance Abatement Board Nuisance Abatement Board Recreation & Parks Board Reg Alt Alt Stu Reg Reg Alt Alt 2 yr term to 4/02 1 yr term to 4/01 1 yr ter~ to 4/01 1 yr term to 4/01 2 yr term to 4/02 Tabled (1) 2 yr term to 4/02 1 yr term to 4/01 1 yr term to 4/01 ZZZ, ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: The City of Boynton Beach Transportation Services and the Department of Leisure Services are offering a one-time only free week of transportation services (with coupon) to the Boynton Beach Senior C. enter and for Shopper Hopper services from Monday, July 17 through Saturday, 3uly 22.. B, Presentations: 1. Orientation PowerPoint Presentation - Fire Chief Bill Bingham ZV. 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: Agenda Preview Conference of 3une 15, 2000 Regular City Commission Meeting of 3une 20, 2000 Agenda Preview Conference of 3une 22, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Approve extension of ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE, Bid #078-2730-OOKR, to Tare Landscape, First Genesis Lawn Service and Luis Cintron's Law~ Service not past 9/30/00 with an estimated expenditure of $175,000 2 Agenda Regular City Commission City of Boynto. Beach Boynton Beach, Florida July 5, 2000 Approve sale of SURPLUS VEHICLES/EQUIPMENT, by auction, Bid #077- 1411-OOKR Approve piggyback of the City of Ft. Lauderdale Bid for purchase of CDR MEieR BOXES AND CDR TOUCH READ LZDS for an annual estimated expenditure of $150,000. Award bid #070-2710-00/C3D to L. B. Limited & Assodates, Inc. for the "FIVE YEAR STRATEGIC PLAN FOR THE BLACK AWARENESS EVENTS" in the amount of $10,000. Award Bid #065-1412-00/C3D for ANNUAL SUPPLY OF BRASS F13TiNGS AND-ACCESSORIES on a lot by lot basis to the lowest most responsive bidder who met all specifications with an esUmated annual expenditure of Szo0,0oo. C. Resolutions: Proposed Resolution No. R00-89 actMties desiring to utilize City owned easements Re: Adopting fees for rights-of-way and controlled 4 Proposed Resolution No. R00-90 Re: Authorizing the Mayor to execute an 1;ntedocal Agreement with Palm Beach County to accept funding in the amount of $200,000 for renovations and additions to Hester Community Center. Proposed Resolu~on No. R00-91 Re: Authorizing the Mayor and City Clerk to execute a consent to a sublease agreement from Sprint Spectrum LP (Spdnt) to Metricom Proposed Resolution No. R00-92 agreement with Bell South Mobility, Inc. Re: Amendment of lease Proposed Resolution No. R00-93 Re: Authorizing & approving a construction surety escrow agreement between the Qb/of Boynton Beach and Bill R. Winchester, Elsie A. Winchester and M, Frank Finfrock, Co-Trustees of the Knuth Road Trust, and Schroeder and Larche, P.A., for the construction of Knuth Road. Proposed Resolution No. R00-94 Re: Authorizing transfer of cable television franchise from Comcast Cablevision of West Palm Beach to Adelphia Communications Corporation Proposed Resolution No. R00-95 Re: Authorizing the Mayor and City Clerk to execute a license agreement with Metric.m, Inc. 3 Agenda Regular City Commission City of Boynton Beach Boynton Beach, florida 3uly 5, 2000 Proposed Resolution No. R00-96 Re: Release of cash bond for $10,654.23 to Boynton Beach Development AssociateS, L.P. Proposed Resolution No. R00-97 Re: Approving and accepting letters of credit No. BA-436 and BA-437 from Bank Atlantic in the amount of $288~800 and $244,300 for the project known as Cascade Lakes 10, Proposed Resolution No. Roo-gB Re: Approval to extend the existing RFQ#O47-1210-99tC]D for ANNUAL coNTRAcT FOR TOWING to various towing companies for an additiona year. 11. Proposed Resolution NO. R00-99 Re: [nterlocaI Agreement estabiishiag water and wa~ewater service area boundaries. 12. Proposed Resolution No. R00-:100 Re: Authorziag the Hayor and t~tY Clerk to execute an agreement with Palm Beach County to provide e mechanism to share g~ographic and land information on an ongoing basis 13. Proposed Resolution No. R00-:101 Re: Authorizing and directing the Mayor and City Clerk to execute the Palm Beach County Florida Information Policy Data Ucensing Agreement-Personal Use Agreement Ratification of Planning & Development Board Action: 1. NONE Approval for Change Order #1 for Service/Maintenance Agreement for the control and data acquisition system with Control Systems Design, Inc., in the amount of $16,000. Approval to apply for grant under the COPS in School Program in the amount of $75,000 over a 3 year period from the U. $. Dept. of 3ustice Office of Community Policing Services Approve an Emergency Purchase Order to Smith & Company, the Gateway Boulevard [mprovements contractor, for an estimated amount of $62,28:1.13 to repair a 10" sanitary sewer damaged during construction Authorizing the Director of Financial Services to implement a program with Bank of America for use of pre-.a?thodzed debits, credit cards, land debit cards for paying utility billings, recreation program fees, as well as an~ other potential fees owed the City Agenda Regular City Commission City of Boynton Beach Boynton Beach, Florida ]uly 5, 2000 Approving the issuance of' a purchase order and payment to G. E. Capital Information Technology Solutions in the amount of $z[1,516.40 for the renewal of the Master Ucense ~,greement (MLA) maintenance and pdrchase of additional software licenses from Novell, Inc. cTrY MANAGER'S REPORT: A. Report on Bid for Ocean Avenue Promenade PUBLIC AUD~'ENCE: ZNDI'V~DUAL SPEAKERS W/LL BE I./MITED TO 3-MZNUTE PRESENTAT/ONS VZZ. PUBI./C HEARZNG: A. Project: Owner: Agent: Location: Request: B. Project: Agent: Description: C. Project: Agent: Description: 7:00 P.M, OR AS SOON THEREAFTER AS THE AGENDA PERM_rI'S Park Shore Manor Barbara R. Bradshaw Peter H. Schmidt, Esq. 658 Manor Drive Request for conditional use/site plan approval for a nine (9) unit bed and breakfast establishment on 0.3 acre. 20/20 Plan Oveday Districts City of 8oynton Beach Request to amend the Comprehensive Plan Future Land Use Element through the addition of Policy 1.9.5 ~nd amendment to Policy 1.16.1 which implements Objective 2~4 of the Beynton 8each Vision 20/20 Redevelopment Master Plan by the establishment of overlays and design plans for primary target areas. Wood Partners Text Amendment Kilday & Associates, [nc. Amend Policy 1.16.1 of the Comprehensive Plan Future Land Use Element to increase the maximum density in the High Density Residential land use category from 10.8 dwelling units per acre to 16 dwelling units per acre. Agenda Regular City Commission City of Boynton Beach Boy.ton Beach, florida July 5, 2000 D Project: Agent: Owner: Location: Descdption: Wood Partners Land Use Plan Amendment I~lday & Associates, Inc. Wood Partners West side of SW 8~ Street approximately 1/8 mile north of Wo01bright Road. Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR) for 14.:L8 acres. V~. FUTURE AGENDA Zi'EMS: Status of Enforcement of Non-conforming Freestanding Signs with Update on Wail Sign Inventory Work (August ~., 2000) B. Workshop on Proposed Billboard Resolution - July 13, 2000 @ 6:30 p.m. C. Review policy for cemetery late arrival fee and space requirements D Report on Implementation Options for Stormwater Fee Structure covering CBD Area tributary to Pond "B" (.luly 18, 2000) E. Future Annexation Areas F. Minimum Landscape Standards Ordinance DEVELOPMENT PLANS: None NEW BUSZNESS: Proposed purchase of used school bus for Recreation Dept. from Palm Beach County School Board at a cost of $8,500. LEGAL: A. Ordinances - 2n~ Reading - PUBLIC HEAR[NG Proposed Ordinance No. O00-33 Re: Amending Chapter 18, Article 1~, Pensions for Police Officers; creating a new Section 18-176 - Deferred Retirement Option Plan 6 Agenda Regular City Commission CAy of Boynton Beach Boynton Beach, Florida 3uly 5, 2000 Bo Ordinances - 1~ Reading Proposed Ordinance No. 000-24 Re: Amending Land Development Regulations, Article ]~I, Chapter 21, SeCdon 3. to allow billboards in public use diS[TiCts on property owned by ~he City and adjacent to 1-95 as a conditional use ~7'ABLED ON 4/4'/00 - REMAXN ON THE TABLE UN?XL AFF~R THE WORKSHOt~ I~Eh'=IXNG ON JUL Y X3~) Proposed Ordinance No. O00-34 Re: Amending Chapter 2, Zoning, Section 6.D.1 to allow unnamed commercial uses in the Commercial Zone as a conditional use. Proposed Ordinance No. O00-35 Re: Amending Chapter 2, Zoning, Section 8.A.1 to allow undefined uses being permittedin the M-1 Tndustrial Zone. Proposed Ordinance No. 000-36 Re: Authorizing the abandonment of a 0.13 acre utility easement located on a portion of Lots #36, #37 and #38 inlthe Quantum Park PTD Proposed Ordinance No. 000-37 Ret Amendment of Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC} to Spedal High Density Residential (SHR) requested for Airman aka Bay Vista Project. Proposed Ordinance No. O00-38 Rei Amendment of Comprehensive Plan FUture Land Use Map to rezone from Community Commercial (C-3) to Multiple-Family Residential (R-3] for 2.33 acres for Nb-nan aka Bay Vista Project. Resolutions: Other: 1. Proposed Resolution No. R00-102 Re: Amending Resolution #00-70 for the approval of the City's Local Housing Assistance Plan for State Rscal Years 2000 - 2003 to continue the SHIP Program. Proposed Resolution No. R00-103 abandonment Casa Loma Boulevard Status Report on madna settlement and request for follow-up authority. Agenda Regular City Commission City of Boynton Beach Boynton Beach, florida 2uly 5, 2000 XIZ, UNFTNZSHED BUSZNESS: XIII. OTHER: X~V. AD3OURNMENT: NOTICE (F.S. 286.0105) CONTACT .1OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRZOR TO THE PROGRAM OR ACTiV1TY IN ORDER FOR THE FZNAL AGENDA - 06/28/2000 1.0:11 AM \\CH~IAIN~rlRDATA\CC\WP\CCAGENDA~AGENDAS\0?0500. DOC 8 Requested Cit) Commission Meeting Dates [] March 21, 2000 [] April 4, 2000 [] April 18, 2000 [] May 2. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit~ Clack's OffiCe March 8, 2000 (5:00 p.m.) March 22, 2000 Requested City Commission Meetin~ Dates [] May 16, 2000 [] Jil~e6, 2000 April5,2000 (5:00p.m~): ' [] June20.2000 April 19, 2000 (5:00 p.m [] July 5. 2000 II1 ANNOUNCEMENTS & PRESENTATIONS A. Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.) May I7, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m.) Ju~e 21, 2000 5:00 p.m.) NATURE OF AGENDA ITEM [] Adminis~afive [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfin/shed Business [] Annomlcement [] Presentation RECOMMENDATION: Announcement of Free Week of Transportation Services. Monday July 17~ through Saturday, July 22ha, 2000 (see attached flyer). EXPLANATION: This is a ONE-TIME ONLY opportunity for City of Boynton Beach resiCents to visit the Senior Center to participate and learn more about what the Center offers and also is giving residents the opportunity to ride the Shopper Hopper to the various shopping centers. PROGRAM IMPACT: By offering this free service for a limited time this will give residents the opportunity to ride the City transportation buses and determine if it will meet their individual needs. This will ~lso promote the Senior Center by allowing residents to go to the Center to find out what activities and programs are offered. The end result ALTERNATIVES: Not to offer the free week Department Head's Signature Department Name · /;)] Qity Mafiag[r'] ~ignamrq,/ ' ~ City Attorney / Finance. Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC The C t.y ~ Bo~on Beach Tran~portation Services And The Department of Leisure Se,wices Are.Offering A ONE-TIME ONLY FREE WEEK OF TRANSPORTATION SEP`VICES (WITH COUPON) TO THE BOYNTON 'BEACH SENIOR. CENTER & FOP. SHOPPER HOPPEP` SERVICES! Monday, july 17th - Saturday, July 22na This ~s ,an oppo~unity for City of Boynton Beach -eddents to visit the Senior Center, p~rCicip~te i~ the man~ exciNng activities and programs offered at ~ne f~c~h~y and/or to ride the Sho~er Hopper to the variou~ shoo~m~ centers. Schedules for the Shopper Hopper Serdce can be picked up at Cit~ H~tl, the Library and at C~y Hait in the Mall To schedule a ride to the Senior Cen~r, you must call the Senior Center at 734-0638 by 3:00PM the previous d~y. There is also a schedule and addigionai information at the City of Boynton Beach website at http:\\w~v,ci.boynton-beach.fi.us COUPON ONE-TIME ONLY FREE WEEK OF Ti~ANSPO~TATION SERVICES TO THE BOYNTON BEACI- SENIOR CENTER & FOR SHOPPER HOPPER ~R/1C~S uly 22n~ Valid Monday, juiy 17~ - Saturday, J Thi~ Coupon will entitie a City ~ ~oyrP~on Beach red~ent~ ~e Ride the Shooper Hopper FREE Cou,~y of ~h~ C,~y of Boy~$on Be~ch Transporter on Se~zices an~ the Deoarsm~nt of Leisure Services City of Bqynton Beach Procurement Services I00 E. Boynton Beach Boulevard :P.O. Box Boyn#on Beaclt, Floritla 3~4,~5-0510 Tel~Ito~e No: (.~61) 74.9~6520 FAX: (561) 74,2-6306 June 12, 2000 NAME OF BID: .: ANNUAL CONTRACT FOR LANDSCAPE MAINTEN~$2NCF, BID#: 046-2730-00/KR Agreement between the City of Boynton Beach, Owner; and TARE LANDSCAPE. Y"~es, I agree to extend Re existing contract, under the same Terms and Conditions, until such time that a new bid can be awarded by the City Commission, not to extend beyond September 30, 2000. I also agree to submit a current Certificate of Insurance along with this agreement, naming the City of Boynton Beach as additional insured. No, I do not agree to the extension of this contract. · NA~VIE OF CO1VIPANY (please print) (AREA CODE) TELEPHONE NUMBER Ame~ca's Gate~ay to the Gul~tream The Cit of Bo. ynton Beach [/~~ Procurement $er~ces 100 E. Bo3rnton Beach Boulevard P.O. Box 310 June 12, 2000 NAME.OF BID: BID#: 046-2730-00/KR__ Agreement between the Ci~' of Boynton Beach, Owner; and FIRST GEI~ESIS LAWN SERVICE '~Yes, I agree to extend the existing contract, under the same Terms and Conditions, until such time that a new bid can be awarded by the City Comm/ssion, not to extend beyond September 30, 2000. I also agree to submit a current Certificate of Insurance along with this agreement, naming the City of Boynton Beach as additional insured. No, I do not agree to the extension of this contract. NAME OF COMPANY ~IGNATURE N2~li~ OF I~PRESENTATIVE (please print) DATE TITLE (-~/3 7'3~'~ (AREA CODE) TELEPHONE NUMBER Ameri~a~s Gate~ay fo the Gulf~ream LEISURE SERVICES: PARKS MEMORANDUM #00-80 TO: Bill Atkins Assistant Finance Director FROM: John Wildner, Parks Director SUBJECT: Landscape Maintenance ~ Date june 9, 2000 RECEIVED ,JUN 9 2000 As you are aware, both of our offices have been working on the bid package for Landscape Maintenance Services. This has been a particularly complicated bid project due to our intention to improve the quality of Landscape Maintenance Services. The bid package for Landscape Maintenance Services is now complete, however it will take some time to advertise, receive bids, and analyze the bid. Request that the existing landscape contractors continue their services until such time as a landscape maintenance contract can be awarded. JW/bt ,.p~ ¢?st~d;Citx Commission ~ L Mee~in~ Dates [] Mamh 2L 2000 [] Apri 4 2000 [] A~ffi~IS, 2000 [] ~ 2, 2~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ITEH B.1 Date Final Form Must be Turned in to City Clerk's Office March 8, 2000 (5:00 March 22. 2000 (5:00 p.m.) Aprit 5, 2000 (5:00 p.m.) April 19, 2000 (fi:(~0p.rn.) Requested ,c~'tsi. Cgmmissjon. Dais6 Hnal Form Mu, s.t be Turned [] May }6,2000 [] Jun~ 6. 2000 [] June 20, 2000 [] July 5, 2000 May 3, 2000 (5:00 p.m0 May 17. 2000 (5:00g.rm) J~une 7, 2000 (5:00 p.m.) June21, 2900 (5.:00 p.m./ NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UnfmishedBusiness [] Announcemen~ [] Presentation RECOMMENDATION: A motion to extend the ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE, B±d~078~273(~-00KRJ° Tare Landscape, First Genesis Lawn Service and Luis Cintron's Lawn Service, until such time that a new bid can be awarded, not to exceed September ~30, 2000. The estimated expenditure is $175,000.00. EXPLANATION: On March 7, 2000, an extension of this bid was awarded by the Commission which will expire on June 30, 2000. In an effort to improve the quality of landscape maintenance services, both the Parks Department and Procurement Services have been working on a bid package that will be more comprehensive. The new bid will include fifty locations within the City and an additional ten locations currently under construction or renovation. It will also cover five areas of expertise, including: Landscape Maintenance, Fertilization, Pesticide, Irrigation Maintenance. and Tree Trimming and Arborist Care. The new bid will be ready for advertisement in approximately ten working days. The new extension to September 30, 2000 will give ample time for the bid process and award. John Wildner. Parks Director, concurs with this recommendation (see attached Memo #00-80). PROGRAM IMPACT: The purpose of this bid is to provide the best quality landscape maintenance service available at the most economical price for different areas with the City limits of Boymon Beach. FISCAL IMPACT: BUDGET ACCOUNT # 001-2730-572.46-95 Parks Maintenance EST. EXPENDITURE $175,000.00 ALTERNATIVES: Deputy Director of Financial Serwces Procurement Services S:kBULLETIlqXFORMS~AGENDA ITEM REQUEST FORM.DOC cc: John Wildner, Parks Director File r'// City Manager s Signat~e City Attorney/Finance/Human Resources The City of Bo.?nton Beach 100 1~. Boj:nton Beach Boulm,ard P.O. Box 310 Boj;nton Beach, Florida 33425-0510 Telephone No: (~L61) 74~-6320 FAX: (561) June 12, 2000 NAME OF BID: ANNUAL CONTRACT FOR' LANDSCAPE MAINTENANCE BID#: 046-2730-00/KR Agreement between the City of Boynton Beach, Owner; and LUIS CINTRON'S LAWN SERVICF {///Yes, I agree to extend the existing contract, under the same Terms and Conditions, until such time that a new bid can be awarded by the City Commission, not to extendbeyond September 30, 2000. I also agree to submit a current Certificate of Insurance ~/ong with this agreement, naming the City of Boynton Beach as additional insured. No, I do not agree to the extension of this con/~_.~t~- / ,/D/ /, NAME OF REPRESEN"~ATIVE TITLE (please print) America's Gatota~; to ~he Gulfs~eam Lb/NA f4. KOESTER, PURCHASING AGENT JOF WILDNER, PARKS SUPERINTENDENT ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE// "Qffer~ from the vendors listed herein are the only offers BID DUE DATE: NOVEMBER 23, 1998 relieved timely as of the above ace ring date and time. BID DUE TIME: 5:00 P.M. All other offers subm tied n response to this solicitation. BID #008-2730-99/SP if~ [-e he[eby lre.l~ VENDORS : A & ASSbClATES ~: ~L.d: LAwN & M'~4"~'N~ICE EDGE & CUT LANDSCAPING i577 DESCARTES CIRCLE P,O. BOX 987 ~.O. BOX 970205 BOYNTON BEACH, FL 33437 DELRAY BEACH, FL 33444 ~OCONUT CREEK, FL 33097 (561) 734-4447 (561) 716-4472 ~54) 481-3737 ANDREW LUCHEY, JR. ~ ~AVIP DRAYTON ;IEROME BURDI AREA #1-GROUP A $31,460~00 $8,795.00 NO BID GROUP B $31,460.00 $6,490.00 NO BID GROUP C $19,635.00 $6,490.00 NO BiD GROUP D $19,175.00 $5,738.00 NO BID GROUP E $19,850,00 $8,795.00 NO BID AREA #2 $11,470.00 $8,890.00 NO BID AREA #3-GROUP A $12,015.00 $5,158.00 NO BID GROUP B $12,015.00 $4,073.00 NO BID GROUP C $12,015.00 $6,310.00 NO BID GROUP D $12,015.00 $6,310.00 NO B D GROUP E $12,o15.oo $4,073.00 NO BID VENDORS ............. ~'~,~ASsocI~,TEs' B,L.C, LAWN& MAINTENANCE ~ EI~GE & CUT LANDSCAPING ,5~77' ~DESCARTES CI. RCLE p,,o~ B0~ 987 ........... P-O. B~_o,x_ 9,70205 BOYNTON BEACH, FL 33437 DELRAY BEACH, FL 33444 COCONUT CREEK, FL 33097 · (561) 734-4447 561) 7~16-44_72 (954) 481-373'~ ANDREW LUCHEY, JR. DAVID DRAYTON JEROME BURDI GROUP F ' " $12,015 00 $4,723 00 NO BID - GROUP G $121015.00 $5,158.00 N0.BID AREA ~ $20,135.00 $5,813.00 NO B!D AREA #5 $18,435.00 $4,488.00 NO BID AREA #6-GROUP A $12,015.00 $11,975.00 NO BID GROUP B $121~1~00 $12,675.00 NO B D GROUP C _ $_.1_2,0~!5.00 ........... .$~6,~3'!0.0o NO BO AREA #7 $12,015.00 ~,, $8,950.00 NO aiD AREA #8~GROUP A _ $12 015.00 ..... .$6 563 oP N° BID GROUP B $12,615.00 $5,658.00 NO BID .. GROUP C 5,023 00 NOLBI AREA #9 $8,085.00 ' $4.,?03.0~0 NO BID AREA #10-GROUP A NO BiDS ACCEPTED NO BIDS ACCEPTED NO BiDS ACCEPTED GROUP B $8,500.00 $3,728.00 NO BID )'ENi~ORS .................. ~ & A----S~(~I-AfE~ ...... ~B-.L.C. LA~N [:~'N~y~NANCE ~EDGE & CUT LANDscAPING i577 DESCARTES CIRCLE P.O. BOX 987 ANDREW LUCHEY JR. . DAVID g~TON_ ;~R~M~ BURp ' GROUP C NO BIDS ACCEPTED NO BIDS AOCEPTED : NO B]~':~C~EPTED GROUP D $~2 185,00 $~,[~8 00 AREA ~11 $~8,2~5.00 ~ $~ =17i.00 AREA ~12 $~s,2~5.0o ...... ~-T~9~. AREA ff13 $~8,635.00 - .~8.00 ................... AREA ~14 St 9,735.00 $~8.00 No:B rD AREA ~15 ' $19,035 00 ' $5~578 O0 ~ ~1~ AREA ~16 $19 735.00 $~,~¢q~ ~ ....... NO BiD' AREA ~17 $~9 735.00 ~,693.00 AREA ~18 $19,735.00 ._~663.0q . ' ~ ~B~ AREA ~19 $~5 655.00 .... ~__~,~ ................. ~REA ~20 $0,oo0.oo ~ ~ AREA ~21 $1,800.00 $1,630.00 ~-~',~ NQBD $2,132 L" ' ' ~:N~BID AREA ~22 $5,370.00 ' ~ ' .00 VENDQRS ............. A'&~ASS-OC~-ATE~ BL. ............................. .C. LAWN & MAINTENANCE EDGE & CUT LANDSCAPING · 5577 DESCARTES CIRCLE P.O. BOX 987 P.O. BOX 970205 BOYNTON BEACH, FL 33437 DELRAy BEACH, FL 33444 C0(~ONUT CREEK, FL 33097 (561) 734-4447 (561 ) 716-4472 (954) 481-3737 ANDREW LUCHEY, JR. DAVID DRAYTON JEROME BURDI AREA #23 $61400.00 $2,438.00 NO BID AREA #24 $1o,400.oo ~ $3,580.00 NO BID AREA #25 $14,475.00 $5,21o.0o $2 995.00 AREA #26 $10,755.00 $8,270.00 $20,915:00 AREA #27 $12,675.00 $9,680.00 $12,340.00 AREA #28 $t5,675.00 ~ $5,203,0~0 $6 9oo.oo AREA #29 $16,375.00 ~ $6,253.00 NOBID AREA #30 $17,575.00 $13,788.00 $33,267.00 AREA #31 $16,275.00 ,~ $6,170.00 . $9,830.00 AREA #32 $17,675.00 ~' $5,260.00 $8,640.00 AREA #33 $16,275.00 $5,128.00 ~135.00 AREA #34 $16,275.00 $5,878.00 $7,310.00 AREA #35 $17,175.00 ~ $5,958.00 $8,690.00 AREA #36 $16,275.00 $6,317.00 $17,330.00 ,, c ~,:[~:S ' - .... ~':E ~ 'G~ [~'A~ih Y~' ~ d ~ VENDORS &ASSO i- - ]... A A 5577 DESCARTES CIRCLE P.O. BOX 987 BOYNTON BEACH; FL 33437 '~'EL~-~[~['~3~' '~"~"~: :OCONUTCREEK, FL 33097 (561) 734-4447 ~5~1~ ~.~ ~95~) ~1-~737 ANDREw LUCHEY, JR. ~,DAVID ......... D~YTON" ......................... . ~'~U~~ .......... AREA ~37 $~ 6,175.00 $4,498.00 :Nb B- D AREA ~38 $5,040.o0 $~ ,~70.00 '~ NO BiD AREA ~39 $5 740 oo ~' $1,500 oo AREA ~0 ' $8 720,00 ' ~ 753.09 AREA ~1 $8,520.00 $2,457.00 . ~: ....... N~BID AREA ~2 $8,520.00 ' $2 457:00 N~.BID AREA ~3 $8,6~0.00 $~,788.00 AREA ~4 ~ ' $8,520.00 $1,788.00 ........ :NO BID AREA ~5 $8,520.00 ,148.00 ............ ~BID AREA'~6 $8,520,00 $2 337:00 AREA ~7 $8,520.00 ,013.00 OBiD AREA ~8 $8,520.00 $2~80~ ........... .00 AREA ~9 $8,52o.oo : $2,805.00 ~:-~ ~ NO BiD ~.~, '_ NO BID ~REA ~50 $11,620.00 $13,519.00 VENDORS A 8~ ~SS-~0CiA~ES i~.L.C. LAWN & ~,I~tENANCE EDGE & CUT ~ANDsCAPING 5577 DESCARTES CIRCLE P.O. BOx 987 P.O, BOX 970205. BOYNTON BEACH, FL 33437 DELRAY BEACH, FL 33444 COCONUT CREEK, FL 33097 (561) 734-4447 (561) 716-4472 (954) 481-3737 ANDREW LUCHEY, JR. DAVID DRAYTON JEROME BURDI AREA #51 $8,7~,5.00 $6 ~60.00 NO B~D AREA #52 $11,200.00 $6,760,00 N~ BiD AREA #53 $6,595.00 _ $11.31'~20~00 NO BID MAIN/ENANCE EQUIPMENT NO NO ' -yES LISTING SUBM TTED COMMERCIAL REFERENCES YES YES YES SUBMITTED CORPORATE FINANCIAL NO No NO STATEMENT SUBMITTED COMMERCIAL PESTICIDE. NO NO YEs LICENSE SUBMITTED NON-COLLUS ON AFFIDAVIT YES INCOMPLETE YES SUBMITTED ANTI-KICKBACK AFFIDAVIT YES Y~ES YES SUBMITTED CONF RMAT ON OF MINORITY IS A CERTIFIED MINORITY -:' IS A CERTIFIED MINORITY · FORM SUBMITTED/NOT A OWNED BUS NESS SUBMITTED OWNED BUSINESS ~"- OWNED BUS NESS ' ' MINORITY OWNED BUSII~ESS CONFIRMATIONOF DRUG-FREE 'YES ~E,~ - YES WQRKPLACE SUBMITTED COMMENTS ............... ~ ~ ~- ~ ..... ' ~-~- ";I (~RT~FICATE OF NSURANCE, ' P~,B. CO. OCCUPATIONAL , EtCENSE, COMMUNICATION .,,,~PABILITIES, WORK EXP., FACILITY SAFETY CHECKLIST ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE BID DUE DATE: NOVEMBER 23, 1998 BID DUE TIME: 5:00 P.M. ['Offers from the venders listed herein are the oi~iy ~ffers ~'ed §~ely ~N~d~,~:-~- :~"~i,~''';-~? ............ ~ R~T~[~,~'S-['~,WN ~ERViCE LU~ C NTRQN;~'~E~i~'~'t~~. ~E~'MSCO., INC. , ......... BOYNTON BEACH, FL33424 ~ :p ,11~9030 ~GK.MC CLENDON ~M~kA G. C!NTRON :JOHN CLARK AREA gl-GROUP A ~ ~ $~ ~,77O.oo ' $~Q.OO ~ ~ ~. $~73 3~0.oo ' _ GROUP B $~ ~,77o.oo GROUP C ~ $11,770.00 .$9,2Q0~Q0 ................. GROUP D . ~ $11,770.00 $9,200,00 $79;~24,0~0 GROUP E ~ $11,770.00 ~9,gq~0g ..... AREA ~3- P A $9 380.00 .......... , Nb BiD GROUP B $9 380.00 ~ ~,O~l~OO .............. GROUP C $9,380,00 ~' GROUP D $9,380.00 $0,001.00 .... NOBD OUP E ~ $9,380.00 " $6,001 O0 .................. i'~' i- VENDORS FIRST'~ENES~-AWN'~:~J~VI~E -'~' LUIS CINTRON'S LAWN SVC. RPMS CO., INC. P O BOX 4061 11886 52ND ROAD N. · 13433 61ST S'TREE"I:' N. BOYNTON BEACH, FL 33424 W. PALM BEAOH, FL 33411-9030 W. PALM BEACH, FL 33412 [661} 736-4302 (561) 798-6511 [561) 753-5693 · MACK MC CLENDON PAMELA G. ClNTRON JOHN CLARK GROUP F $9,380,oo - $6,001.oo - NO BID GROUP G I1~ $9,380.00 $6,001.0o . NO BID AREA #4 $12,12o.oo , · '$8,~9~.o0 . NO BiD AREA #5 $11,725.o0 $'J~'i~3:i .(J~ hO BiD AREA #6-GROUP A $11,450.0o ';~ $5,489.0o NO BiD GROUP B $9,700.00 ..... ~ $5,;489.00' ...... NO BID GROUP C $6,750.00 $5,489.00 $50,702.00 AREA #7 $i0,115,00 $9,793.00 NO BID AREA #8-GROUP A $8,675.00 ~1~ $3,860.00 $50,702.00 GROUP B ~;8,675.00 ~- $4,108,00 .... NO BiD GROUP C $~ $4,509T00 $50,942.00 AREA #9 $7,'r25;00' ~'- ~,61~5~00 - h0alD GROUP A iDs ACCE AREA #10- No B PTED NO BIDS ACCEPTED NO BIDS ACCEPTED GROUP B $6,270.00 ,~ $2,685.00 $43,920.00 VENDORS FIRST GENESIS LAWN SERVICE .LUIS C NTRON'S LAWN SVC. :RPMS CO. NC.~ ....... -. ~1:8~4336.1s STF~E:'F N. P.O. BOX4061 ....... ........ ' ~'11886'52ND ROAD~N; ............ tOYNTON BEACH, FL 33424 ~,PAL~- i~;~[I;,,a;3~t.l:1~,9030 [W. PAL~ BEACH FL 33412 GROUP C d~ Bi'fg~A~'e~P*ED 3 - NOB Dg;A~CE~TED ~ ~ NO B D~A~EPTED GROUP D $6,8oo.oo ~ .... ~a,4g&0n ............. : ........... :NO-B O AREA ~ 1 $8,375.00 $8~-,99:00 AREA ~12 $1~;~45.0~ ~ $5,435;oo AREA ~13 $6,405.00 -~ $3;211.00 AREA ~14 $6j50~.00 ~: $6,444~00 ..... i AREA ~15 $3,605.00 . ~ $3,029;00 ................ AREA~16 ' $3,685.00 ' ~. $~-,618.00 ........... AREA ~17 .00 $~a.7~00 ......................... AREA ~18 $3,685.00 . -~.. ~-,So6=oo ........................... NO BID AREA ~19 $8,88s.00 ...................... -~i4-,00 ...................... " ' <~3 J~6,00 ' $750.00 AR~ ~21 ~ $1,530.00 AREA ~22 $4,770.00 ..... $2~994. VENDORS FIRST GENESIS LAWN SERVICE LUIS CINTRON'S L~WN SVC. RPMS CO. INC P.O. BOX 4Q6! . 11886.52ND ROAD N. 13433 61ST STREET N. BOYNTON BEACH, FL 33424 W. PA.I~M BE~CH?L 33411-9030 W. PALM BEACH, FL 33412 [561) 736-4302 (561) 798-6511 . [561) 753-5693 MACK MC CLENDON PAMELA G. CINTRON JOHN CLARK AREA #23 ~{~ $1,695.00 ' $2,~90.00 $1,366,00. AREA #24 $4,600,00 $4,308.00 $2 536.00 AREA #25 $3,'~e0.0o 'J~ $2,025.0o No'BiD AREA #26 $11,160.00 ~[ $2,985.00 -NO BID AREA #27 $12,e25.00 $12,016.00 NO BID AREA #28 $7,475.00 $6,0.i 4.00. NO BID AREA #29 $9,635.00 $10,717.00 NO BID AREA #30 $21,050.00 ~ $11,938.00 NO BID AREA #31 $8,085.00 ~'" $6,989.(~0 NO BID AREA #32 $7,325.00 $8,006~00 ~' NO BID AREA #33 ,~ $5,085.00 $4,610,0~0 . NOBID AREA #34 ,~ $6,930.00 ' $6,524.00 NO BID AREA #35 $6,835.00 I · $7,040.00 ~ NO BID AREA #36 $12,750.00 $1,239.00 NOBID VENDORS FIRST GENESIS LAWN SERVICE LUIS CINTRON'~"LAWN S~/-C, RPMS- co., INC. r ~ O' BOX 406~1 ..... ~1~1~6 §2'N.~AD'1''l ................. BOYNTONBEACH, FL 33424 W. PALMBEACH FL ~34~1-9030 ~,:PALMBEACH, FL 33412 (561) 7364302 ,(~61 )~Z~-~5~: ................. ~6~ ).7~53-5693: ~ACK MC CLENDON ?~M. EL~.~ CJ~9~ . . ~JOHN C~RK AREA ~37 : $7,2~ 5.00 ~_~ ~1,~3~ ............... ~. $4;49 ~00 AREA ff38 ~ $990,00 ~'430~0Q ............. AREA ~39 ' $1,155,00 $1}840.00 AREA ~0 $2,380~00 ~ .~$:i.,622.Q0 AREA ~1 $2,520.00 ~ $2,0~6.00~ . ............. 0~ AREA ~2 ~,470.00 . ~ ~.1~86Q,00 ........... :,.. $~,g8 ~0:0 ~REA ~3 $4,020.00 $2,~ QO ~ ~.~ ~ ~ . $t;380' 00 AREA ~4 $2,070.00 $~.:,632;00 .... ~. ;~ $i,380,00 AREA ~5 $3,780.00 . $2,6~2.00 r ' ............ $i380;00 AREA ~6 $2,070.00 $2,754.00 ....... ~REA ~7 $2,070.00 $~,~2'8,~ ................. AREA ~8 ~ $2,070.00 .... . ' $2,4i8.00 ............... ~REA ~9 $3 780.00 ~ $1,3 .00 $ ,430, , $2~;806.0 AREA ~50 $13,400.00 ........ ~ ...... _ oo 0 VENDORS FIRST GENESIS LAWN SERVICE LU S CINTRON S LAWN 'svc. RPMS CO., INC. P.O. BOX 4061 11886 52ND ROAD N. 1~433 6~I~T STREET N BOYNTON BEACH, FL 33424 W. PALM BEACH, FL 33411-9030 W. PALM BEACH, FL 33412 (561 ) 736-4302 (561) 798-6511 . ..... 561) 753-5693 MACK MC CLENDON PAMELA G. ClNTRON JOHN CLARK AREA #51 $12,500.00 $8,710.00 $4,480.00 AREA #52 $12,500.00 $8,710.00 $5,170.00 AREA #53 $12,500.00 $9,538.00 $5,170,00 MAINTENANCE EQU PMENT NO YES NO LISTING SUBMITTED COMMERCIAL REFERENCES YES YES YES SUBMITTED · CORPORATE FINANCIAL NO YES NO STATEMENT SUBMITTED COMMERCIAL PESTICIDE, NO YES YES LICENSE SUBMITTED · NON-COLLUSION AFFIDAVIT YES YES YES SUBMITTED ANT -K CKBACK AFFIDAVIT YES YES SUBMITTED YES CONFIRMATION OF MINORITY IS A CERTIFIED MINORITY IS A CERTIFIED U NORITY IS A CERTIFIED MINORITY OWNED BUSINESS SUBMITTED OWNED BUSINESS OWNED BUSINESS OWNED BUS NESS" CONFIRMATION OF DRUG-FREE YES WORKPLACESUBMITTED YES YES COMMENTS ~,- SEi~ ~¥A-¢i-ON S_S p ECS CERTIFICATE OF INSURANCE, P.B CO, OCcuPATIONAL LICENSE, COMMUNICATION ' CAPABILITIES ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE .~rA:.ft~e ~e~r~ listed herein are the only offers BID DUE DATE: NOVEMBER 23. 1998 ~y~)jm~y~s.~.ih~ ~e~erecel~ing date and time· BID DUE TIME: 5:00 P.M. AIl.~ther.~ff~s ~[t~e~n response t6~ls sol{citabon. VENDORS TARE LANDSCAPE 519 S.W. 5TH AVENUE ~,.,.°~^"'u. FL 33444 DELRAY LEROY TEMPLE, JR. AREA #1-GROUP A $12,060.00 GROUP B $12,060.00 GROUP C $11.860.00 GROUP D $11,66o.oo GROUPE $11 660.00 AREA #2 . $24,073.00 AREA #3-GROUP A $6,791~00 GROUP B $6,981.00 GROUP C $6,706 oo GROUP D $6,746.00 GROUP E $6,726,00 VENDORS TARE LANDSCAPE 519 S.W. 5TH AVENUE DELRAY BEACH, FL 33444 (561) 272:1615 LEROY TEMPLE, JR. GROUP F $6,686.00 GROUP G $6,789.00 AREA #4 $30,41'9.00 AREA #5 $5,38o.oo AREA #6-GROUP A $5,997.00 GROUP B . $5,992.00 GROUP C $5,988.00 AREA #7 $~51035.00 AREA #8-GROUP A $5,389.00 GROUP B $5,380.00 GROUP C $5,377.00 AREA #9 $4,620.00 AREA #10-GROUP A ......... NO BIDS ACCEPTED GROUP B $3,565.00 VENDORS TARE LANDSCAPE 519 S.W. 5TH AVENUE [::)ELRAY BEACH, FL 33444 (561) 272-1615 LERQY T~EMPLE, JR. GROUP C NO BIDS ACCEPTED GROUP D $7,175.00 AREA #11 $8,035.00 AREA #12 $11,150.00 AREA #13 $4,875.oo AREA #14 $5,070.00 AREA #15 $3,090.00 ~,REA #16 $3,580,00 AREA #17 $3,320.00 AREA #18 $3,850.00 AREA #19 $8,617.00 AREA #20 $3,460.00 AREA #21 $1,8oo.oo AREA #22 $6,680.00 VENDORS TARE LANDSCAPE 519 S.W. 5TH AVENUE DELRAY BEACH, FL 33444 (561) 272-1615 LEROY TEMPLE, JR. AREA #23 $3,460.00 AREA #24 $6,730.00 AREA #25 $5,o81,00 AREA #26 $7,415.oo AREA #27 ~' $5,420.00 AREA #28 $6,841.00 AREA #29 $9,370.00 AREA #30 $25,575.00 AREA #31 $9,338.00 AREA #32 $6,825.00 AREA #33 $5,975.00 AREA #34 $14,020,00 AREA #35 $7,220.00 AREA #36 $8,89o.oo VENDORS TARE LANDSCAPE 519 S.W. 5TH AVENUE DELRAY BEACH, FL 33444 (561) 272-1615 LEROY TEMPLE, JR. AREA #37 . $6,520 oo AREA #38 $1,89o.oo AREA #39 $2,230.00 AREA ~/N.0 $2,660.00 AREA #41 $2,520.00 AREA #42 AREA #43 AREA #44 AREA ~1.5 $3,420.00 ~REA #46 AREA #47 $2,040.o0 AREA #48 $2,400.00 AREA ~1.9 $3,600,00 AREA #50 $7,750.00 VENDORS TARE LANDSCAPE 519 S.W. 5TH AVENUE DELRAY BEACH, FL 33444 (561 ) 272-1615 LEROY TEMPLE JR. AREA #51 $5,950.00 AREA #52 $5,950.00 AREA #53 $3,190.00 MAI~NTENAN(~E EQUIPMENT * YES LISTING SUBMITTED COMMERCIAL'REFERENCES YES SUBMITTED COR-P-OI~TE'FiNANCiAL ** NO STATEMENT SUBMITTED COMMERCIAL PESTICIDE, NO LICENSE SUBMITTED NON2-CO~'I~US~iON A~FiDAVIT YES SUBMITTED A~iTI~'~(iCKBACK AFFIDAVIT YES SUBMITTED CONFIRMATION OF MINORITY ~S A CERTIFIED MINORITY OWNED BUSINESS SUBMITTED OWNED BUSINESS CONFIR~IATION OFDRUG-FREE YES WCRKPLACE SUBMITTED COMMENTS * SEE BACK OF PAGE 45 · * SEE NOTATION PAGE 36 Requested City Commismon M~etine Dates [] March 21, 2000 [] April 4. 2000 [] April 18.2000 [] May 2. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Ciw Clerk's Office March 8,2000 ~5:00p.m.) March 22.2000 (5:00p.ra.) April 5, 2000 (5 00 p.m.) April 19, 2000 (5:00p.m.) Requested City Cormmssion Meeting Dates [] May 16. 2000 [] June 6. 2000 [] June 20, 2000 [] JulTy 5. 2000 IV-CONSENT AGENDI ITEM B.2 Date Final Form Must be Turned in to City Clerk's Office May 3 2000/5:00 p.m.) May 17, 2000 (5:00 p.m.) June -, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation RECOMMENDATION: Motion to approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Staff and allow for the sale of same {Bid #077-1411-00/KR). EXPLANATION': Procurement Services has reviewed the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by pUBLIC WORKS/FLEET MAINTENANCE DMSION ,(Memo #00-08~3. isl a?ac. he,d)..Utifizin.g t.he disposal process used by the City ni~ Boynton Beach for surplus velfic~es will allow the vehicles/eqmpment to ue auctioned and generate revenues to the Fleet Maintenance Fund. Procurement Services request Commission's review, evaluation, and approval to sell the surplus property. PROGRAM IMPACT: The disposal of surplus vehicles/equipment will provide for maintaining inventory control and allow for receipt of revenues through a process monitored by Procurement Services. __ FISCAL IMPACT: The revenues generated from the sale of surplus vehicles/equipment Nil be placed in the Fleet Maintenance Fund in the following account: 501-0000-365-01.00 Revenue Account No-- Sale of Surplus Equipment ALTERNATIVES: Maintain the vehicles/equipment in inventories with high maintenance costs which could conceivably impact operations due to down time for repairs. Deputy Director of Financial Services Procurement Services Deparmaent Name /ktr Attachment Sc: Chris Roberts, Public Works :~BUL T O ~AGE IT M T OC Hoyt Johnson, Financial Services File City Attorney / Finance 1 Human Resources DEPARTMENT OF PUBLIC WORKS MEMORANDUM #00-083 To: Bill Atkins, Deputy Director of Finance Roberts, Interim Public Works Director Thru: Chris R~bert H. Lee, Fleet~Administratgon ~' ~ From: Sub j: Excess Fleet Vehicles Date: June 12, 2000 The fleet vehicles listed below are units that have been replaced this budget year, 9/2000; These umts are beyond reasonable repair costs, requiring removal from the City Fleet. Request that these units be approved for disposal and sent to a local:agency for processing. ID #: YEAR / MAKE: MODEL: SERIAL #: 0070 1988 ~FORD 'F-800 0084 1993 - MACK DM690S 0090 1993 ~ MACK DM690S 0146 1985 -GMC T J-80 0541 1982 - FO~ F-700 1FDNK84P4JVA58571 1MB209COPM010963 1M2P264C9RM015467 1GDTSC4Y2FV611369 1FDNF70H3BVJ37256 cc: Ramon Dauta, Fleet Maintenance Supervisor Ed Brenner, Service Writer Requested City Commission Meeting Dates [] March 21,2000 [] April 4, 2000 [] ^~il ~s, 2ooo [] May 2. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 8,2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) April 5, 2000 rS:00 p.m.) April 19,2000 (5:00p.m0 Requested City Commission Meeting Dates [] May 16, 2000 [] June 6. 2000 [] June 20. 2000 [] July 5, 2000 IV-CONSENT AGENDA ITEM B.3 Date Final Form Must be Turned in to Ciw Clerk's Office May ~. 2000 (5:0C p.m.) May 17, 2000 (5:00 p.m.) June 7. 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] ConsentAgenda [] New Business [] Public Hearing [] Legal [] Bids [] Un£mished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve the "piggy-back"of the City of Ft. Lauderdale Bid #602-8301 for the purchase of CDR Meter Boxes and CDR Touch Read Lids. CONTRACT PERIOD: JUNE 8, 2000 TO JUNE 7, 2002 EXPLANATION: Meter boxes and Hds are used by Utilities, Meter Services and Water Ilistribution Divisions for replacement and new installation. In the past, the Warehouse has purchased meter boxes and lids for the City utilizing Bid #063-1412-99/SP, which will expire on August 31, 2000. The City of Ft. Lauderdale bid offers a better price since it is a Broward County CoOp bid. based on high volume usage. The City of Ft. Lauderdale has no objection to our piggy-back as stated in the attached letter. Dominic DeMauro, Warehouse Supervisor, concurs with this recommendation {see attached Memo). PROGRAM IMPACT: We will be able to remove meter boxes and lids from the re-bid of "Pipe Fittings and Accessories" and take advantage of the high volume prices offered to the Broward County Co-Op Group. FISCAL IMPACT: BUDGET ACCOUNT # Warehouse Inventory 502-000-141-00 EST. ANNUAL EXPENDITURE $150,000.00 ALTERNATIVES: Continue to bid these items with "Pipe Fittings and Accessories"; however, we would not receive the high volume discount offered in the piggy-back arrangement. '~ ~epuw Director of Financial Services Procurement Services Department Name ATTACHI~ENTS cc: Dominic DeMauro, Warehouse Manager S:~ULLET1N~ORMS~GENDAITEMREO~E~OgM.DQ~ Bob Kenyon, Deputy Utx±ztles ]Jirector Barb Conboy, Administration Coordinator File - City MaTnager s lignamre City Attorney / Finance / Ifuman Resources MEMORANDUM FROM~ Donfinic DeMaurO Date: June 12, 2000. ~ RE:'PiggY-Back Bid from Ft. Lauderdale, Florida Bid#602-8301 In the pastI have purchased CDR Meter Boxes and CDR Touch Read Lids off our "Annual Bid for PipeFittings'. I have been informed that'! can purchase these items off the above mentioned bid from Ft. Lauderdale at a better price than item periods. Please contact me for any additional information necessary in preparation for Commi~si0n approval. The estimated expenditure for boxes and lids is: $150,000.00 The account is: 502-~000-141'00 FROM, : CITY OF BOYNTON BCH WAREHOUSE PHONE NO. : ~13v$~5 Jun. 20 2000 07:05AM =1 -- ~ ; FORT LAUDERDALE 6-"9-2~ '=62P~ F~O~ FOIST LAUDE~DA~E P.S. 9~,:L927881 ~ I PURCHASING CONSENT AGENDA A;enda Bate: 5/16/00 ~: Price Agreements Purcha~ima I~ef. Ng: 6028301 ~T, EM/SERVlCe TL, l~o-yeaY p,,n, ce agreemle~ts for water meter boxes ariel component parts RE¢I~MMENDEDI AWJe, RD: SEMSCO Davie, FL ,i~IdOUNT Per Unit Pricing BeotJDiv.: Publio Services/Distribution & Collections Bids Solicited/Received: 21/5 WBE: 2/1 M~E: 0/0 Exhibits: Memorandum No. 00-641 from City Manager Romark$: The Purchasing Division has reviewed this item and agrees wi~ the recommendation~ Reoomm: Award to.lew responsive and responsible bidders. Tabulation: See Page Z Fax Note 7671 romp Purchasing Manager Pur-6 FROM FORT L.AUDERDA~..E P.S. 9~,4.4.927881 P. 3 TO: FROM: SUBJECT: DATE: Brow~rd Govemmen~l Co-Operative Purchasing Memb*rs Marsha M. Perri, CPPB Wator Mr Boxes and C?~ ~n~o; nent Parts City of Fort Lauderdale Bid No. 60~-$~01 M~y 22, 2000 On May 16, 2000~ ~he For~ Lauderdale City Commission approved Re award of two-year pr/ce agreements for water me,er boxes and componem pans to ~h¢ following vendors: BROOKS PRODUCTS/OLDCASTLE PRECAST Medley, FL Concrete/Polymer W~ter Mc~r Boxes and Component Pans (SYNERTE~OI.iDCASTLE) NET from Price List FERGUSON UNDERGROUND Pompano BeaCh, FL Concret¢,fPo[.~/, ~er v~a~e~ M~er Boxes and Component Parts (CDR) (DUAL AWARD) 95.5% from.P/ice List Concrct~Pol:ymer Water Meter Boxes and Componant Parts (ASSOCIATED I~LASTIC$) 4~.10% from Price Lis~ SEMSCO Davie, FL Concrete Poll!mcr Water Meter Boxes and Component Parts (CDR) (DUAL AWARD) 38.5% from Price List "~ Concrete Water Met~ Boxes and Component P~rts (BKOOKS) 16% from Price List P olye~¥lene Water Met~ Boxes and Compon~t Ps-ts (OAg. II~ DOAK. I~) 20% from Pric,~ List FROM FO~T LAUDERDAt_E P. S_ 9S.4.492788t ~..4 Enclosed pl~s~ tinct thc following do~um~ts that relate to the above mentioned bid: City Commission Item with back~ m~rao Copy O~iapplicable-bids Copy 0£bid tabulati°a. Pric.~ list identifications are listed in th~, Imqtalion to Bid, and copies are available from the desigriattxl vendors. Price Agreements will run through Sune 7, 2002, Please feel flee to contact meif you have any questions, FORT LAUDF__.;;;OALE P.S. 95,~M-92788 MEMORANDUM NO. DATE: May 19, 2~)0 TO: VIA: BY: SUBJECT: F.T., , City Manager. : Frank T. ( ,.,'~. Michael F. Bailey, Utilities,Distribution & Collection.Systems Manager May 16, 2000 Agenda - Supply Contracts for Water Meter Boxes and Component Par~s This is a recommendation for award of three contracts for the supply of water meter boxes and component ~arts. The City of Fort Lauclerdale acts as the lead agency for this Broward Governmental Cooperative (Co-Op) Purchasing Group contract. Increased competition I:)rompted us to re-bid this contract prior to the exhaustion of extension provisions. The re, bid allows for multiple awards to vendors throughout the area. This allows the various entities in the Co-Op to use those vendors suoplying the product that best suits their needs. It also allows for a~temate vendors when products can not be supplied in the necassar~ time frame. The three vendors recommended for award ara Brooks Products/Otdcastle Precast, Ferguson Underground and 8EM$CO. Particil~tir~ vendors offer a percentage discount from an established pdce list. This eliminates the need to list each of the different items reauire<l by the a§enc~es represented in the bid. Awards are to the iow responsive arid responsible vendors in each of the three categories. In the Case of a tie bid, a dual award is recommended. Percentage discounts remain firm for the We ~-commena City .Commission approval of two-year contraGts for water meter boxes and component parts to Brooks Products/Oldcastle Precast, Ferguson Underground and SEMSCO oer the unit pricing. TO OUR PROSPEC~ CONT~CTORS: ~"'~ ~e a~ch~ In~afion to Bid or Requ~ for Pmpo~ls mpm~n~ a ~o~m~e procurement ~r ~e Bm~ Gov~men~l,Coo~ Pu~asing Group. For ~e past ~veml yearn, ~pmximate~ ~en~ix go~mm~ en~es ~ve ~i~p~ in pu~asin~ in Bm~m ~un~. ~e ~p was fo~ n an ~ to . . ~mtive avoidan~ s to all entries bv "*.. ~ ~._: ........... . pmve . UtlJ~l,,u u,= uuy.~ puwer ~ ~mDl~ ~Ul~me~ ~ ~m~on, bas c ffem~. ~e govemment ~encies pa~i~a~ng in ~is padi~lar pm~mmem and ~eir mspe~e, deliver, Io~fions am lis~d in ~e a~ ~me~. B~wa~ Coo~tive Purchasi~ Group P~ment Ope~flo~ p~u~s-. ~ u,~ ~au agen~. All mspo~es am to ~ ~. ........ ..[,-~ ~-~, nemma.er mte~ to a~ched document. Any d~ ~ ~.~,~_:~,~u ,~ a~man~ ~ me introns ~ntain~:in the a~ntien of ~ lead agen~ "' ~,-~,P~un9 agenaes ~emn~ ~ ~is ~ mU~ ~ brought to ~e Ea~ pa~fing govem~na{ ~ ~{I ~ mspons~le ~r a~in~ ~ ~--~ ~-.-=~- -. '" . o~em,-~d ~r.o~er pla~m~t. Ea~ ent~ ~11 ~ui~ ~--~- ~,,~--- :'~""~' *~n~ ~ ~ pur~ase Con~or aw~ ~is ~, and issue ~ o~ ~x exemption ~ as ~ui~ by ~e Co~or. ~e ~n~Wpumhase o~er te~s of ea~ e~ will pm~il for ~e nd~ual Pa~pating en~ Invoi~n ins~ons, del~e~ Io~tions, and i~umn~ ~uimmen~ .... ~ulm~n~. ~ve agency ~y ~emn~ in ~e do~ments to a single en~ Or Io~fion ~11, in fa~, ~ unde~d as mfe~ng to all pa~i~fing envies ~emn~d in ~e docu~nts and ~ver le~er unless s~lly not~ othe~. ~e awa~ Controls) shall ~ responsible for ~sing ~e ~ad agenw ~ ~o~ p~icipa~s who ~il to pla~ o~em as a msu~ ~is a~ dudng ~e ~n~ ~e ~mo~s) shall ~mish ~e Le~ ~en~ a de~i~ Summa~ ~ Sales semi-~ually dudng ~e ~n~ ~. Sales Summa~ shall include ~n~ num~m, ~n~s ~me, ~e ~1 ~ea~ ~mmod~ so~ dudng ~e m~ing ~dod and ~e to~l dollar amount ~ pU~a~s by ~mmod~. ov,mme . ~sage, dunng ~e ~n~ ~. or on an~ ~mm~)-~-~ ~Y ~a~ ,~ ~ar mntm~ ~r new up mem~m ~y Paid.ate in an~ ~-;~ -- ~"~'u" ~' ~ ~pmv~ Dy ~ lead agen . ~w Co- None of ~e ~dpaang govemm~l ~aU~ ~all ~n~ ~ ~ and ~ ...... ~ ~ a ~ to any ~ any o~er govemm~l Of ~s p~ummen~ a~on. _ ~s) as a BROWARD CO-OP "WORKING TOGWI'HER TO REDUCE COSTS" Contractor will be requ~ed to deliver ~ ~b~ ?~ ~ acco ce wi v~ -~ .... .......... - ...., ..... ~,~'.,,-~ . .. rda~_ th the ITB requirements./f de/lverv au~uHH~t ~";~;.6 ~--.--.~-. ~. . . ,~':m~' ' '~ ..~ · at the de ~.-' · ~/: · , ' -'~ ,--- .... ' ---- o ~ of North ] North J 1 Contact: Para Thompson/~05-893-6511 City of Pompano Beach 1, FL 33060 ~"' "d:In/954-786-4098 PURCHAS/NG DMSION 100 N. ANDREWS AVENUE FORT LAUDERDALE, FL 33301 (954) 761-5140 1~AX (954) 761..5576 City ofFort Lauderdaie ISSUE DATE: 328/00 INVITATION TO BID/REQUEST FOR PROPOSAL PAGE l OF 13 e-marl: purchase c~ ci.fllaud_fl.n~ BIDs MUST BE RECEIVED PRIOR TO 2:00 P.M. ~ -. /NVITATIONTO BID NO.: 602-8301 ON: 4/25/2000 /ITLE: WATER METER BOXES AND COMPONET PARTS (CO-OP BID) PROC UREIvlENT SPECIALI S T:DEPT: Marsha M- Perri, CPPB/MamhaP~ci.ffiaud. fl.us (954) 492_7816 CONTAC1 Bidder Must Corn iete the Followin :_ Number & Street: City, State, Zip (+4) (s~ General Conditions Section l.Ol) Phone No.: (954) 492~7832 ZZe-d Total Bid Discoum (sect/on 1.04) Bids are firm for ACc~tance for 90 days (section 1.05) Yes )(' .No Other Was this Invltation. mailed to thc Correct address9. ]'k] ~ Mark X"here~ andwew411adjastourrecords Area Code and Telephone No. Delivery.: Ca/endar ~ays M~er rccelpz of Purchase Order: (scctlon 1.02) Payment Terms: (section 1.03) State or reference any variances (sec~on 1.06) Web s~te adar~s: http//www. NO BID: If not submitting a bid. stmc reason below and remm on copy oftMs for~ (sect/on 1.07) Does your firm qualify for MBE, W'BE. SBE status In accordance with Section 1.08 of General Conditions? t4o WaE /O No How to -q-.:.-~i Bid,~P~ls: It wi I be the sole responsibili of the B Hall, PurchasngDivlsion, 6 floor!~,,.-~,cm ,~^., ty ~ddertoeasurefl'~hisbidreach,~,~,,~r,-,.. ~. . Donor subn'at wa Facsimile. Facsimile bids will nct ' ~Avanue, FonLauderdale, FL 33301, prior tothe bid0o tn~date tlme~;fi~W be --r-~ pcrla - and Each bid envelope must bc scaled with thc following information stated on thc OUTSIDE of the envelope: BID/RFP No. 602-8301 Tide: WATER METER BOXES Opens: Vendor Certifieafion: k ~ below $ign~ hereby agree to furnish instructions, conditions, spe~fic~io., and -" ann,-~ _ the required an/dels] or seawices(s), at the prlce(s) and tenns s~ated subject to all containcdlnthisbid. Ice~i~,,,~,o.~._ ~ a~preved by thc CRy and such a,-s---,,--,ance cov~ _n o andc~w'an! required. By any other bidder(s) or p,%rdcs to this bid. [ certify I am a~horiz~d m .......... : ,~,,,~a ~c~$) ano have not colluded with ,~/c.~ ~._.~/pl~ O,C,,~ contraclmdly bind the bidding lirm. Signature of Authorized Representative _t,~, ."~ ~ 61q/1-~ ~-Oe/ff~ Title (Typed or Primed) Nmh¢ ofAuthorlzed Represen_ ?five (typed or printed} Datc:~ j all contracts f P&RT ! BIDDER pROPOSaL pAGeS) CONDFFiC,~'~ t.01 Division ~f Purchasing. The indicating sucfl cflan ~ inthe Invitation to Bid/~-~ 1.02 1.03 1.04 1.05 1.06 1.07 e net 3o and II be limited to: persons,of htdo:European decent including Central and South American, or other Spanish culture or the Indian DEFINITIONS/ORDER OF pR;r_;_n_~r-r: ......... ,msu-ucuonstobldclers, addenda;i,M.~.;~L-_'~_ _ .~.~.._--.~. ~,numon~, specm, conditions, technical INVITATION TO ..- -..~ ~uwr uucumem use~l In me oidding process: qualified Bidder.. requesting proposaia fTOm qualiSed Proposer.. RFP. PROPOSER-I ~PmpeeaJ. the[ fiB. the City, the most certail i Order to p~form or not to ~form a the procurement or disP%al of ?-O2 3.01 SPECIAL made irt the Any and all rTB that sara date and tim~ MODEL. the make specified in this I 3.03 PRICES ~ freight r the ITl 3.04 TAXES: The C property. Exemption 3.05 WARRANTIES OF 3.O6 APPROVED I t for a brand name, end; both unit p~ce and ext 9~em. ~.~ic" quob goods in tranai~ and* fll~s; No a~e~npt shall be made to tie a i and Florida Sale~ 'taxes tax exemption estimated or p?J.'e~ed a ,1~: pr~Tided It ia under~o0d ~hat d envelopes propMty mar~ed. a ~tngle envelope or package f s~tes that bid~ sent via FAX ~idder's and the and ~ bidder proposal allow the City to reded total. In the case of a shell be,F.O.~ destination, ~ claims), unless otherwi?e item or items contained in direct purchase of tangible mmber is 16-03-196479-MC. tabulation and information Conb"actor will furnish the model, or vendor catalog ; and features desired by qualified desired ! is be the so~ d qualifies as an 3.07 ::nN::uUmM AmN:ndMAa~Nr~Dr ATmrORY,~T.,E. C~HNIC. AL "t ~._C~ IFICA? ONe: ~'The technical specifications ,nclud - . , ~w..~:.~_,~_..~.~.. ~'a.ny Btdder' u m~ p hems that are consldered speciflcal~ons are~rastriCtiv,, k--~.~.~ .:..:....~_nab.~ to meet, or exceed these items, and feels consider the technical:specifications to be~*acceptable to all bidder~n°' such notification is recewed prior to that deadline, the City will FormG-107 Rev. 11/98 Page3of6 3.09 Unless 3,10 3.11 3.12 3.13 3.14 BiD and and the 3.15 3.16 3.17 3.18 LEGAL F and d Form G-107 Rev. 11/98 Page4of6 PART IV BONDS AND INSURANt~= sP~=;J=oRMANce BO.~OCASt.; L;'rTER oF c~o~., ~a ~l ~nd~n~ ~ ~ · ~ ~d or I~o~ . ~Wln fl~ (1 ~ ~ ~ ~ ~ls ~u;~ in ~n~ ~ or an U~ ~ ~gd~s~W~on ~.~to~e C~a ~ b ~ an annual ~e ~ ~--~ -~ _~,..w ~ ~ ~ ~ ~d ~ ~ ~ ~ ~ng, a~ to do b ~m~ ~ ~ ~ ~ ~e C~.~ on a i~ iR~ ~- ~a ~d~ ~ ~a ~C~b c~ ~ C~ ~ ~ ~ude~ FI ~ ~un~) b~k a~leto ~e C 4.02 -----' ~' "' ~gr~ ~ ~ INSU~NCE: ~ t~ C~r s ~uimd ~ go on ~ C S~I ~nd~n~ ~ ~ ~n ~1 n~ . ~_ _~ ~ ..... me ~e Co~r ~ p~vi~e to ~ P~lng D~ on o o ~ ~ng his bid, aG~ ~ ~i~ ~ su~ m~ g ~ a~q~ P~on,~ C~ ~ n~ ~RTV P~ASEORD~ANDCO~A : .~,~p~ ~m~l~h~m**k~ , .. - ,w,,,~ ~ m~ ~ ~ for ~mo'~ ~dd~s ~me bMng ~ ~ ~e C~'s bl~s m~llng I~t for a ~mmended f~ a~ ~ dung ~ ~ ~ ~d ~d~ ~ ~~~~: Them~ldM~ n~ . ~.~d ~e WM ~Mn ~e pro n.~ ~ '~Y~ °r m~l~n~ m~ s~ ,,, ~1--%--' ~gmg· ---]~-.--. ~ ~'and a~n~ M.M~ __O~ Mil ~ ~ ~ ~e BI~ ~ . ....... ~02 5.10 5.12 5.t3 records in 5.14 215 5.16 5.17 5.18 5.19 5.2O PATENTS Dh~ct Form G-107 Rev. tl/98 Page 6 of 6 Inthe operat;ons estrlcted by Ute penalty to the I co~t un~l the not be F~ortda. in accordance employees or materials in the prior w'J~ consent of tre not asS]gnabls except place in ~te Southor~ City of Fort Lauderdale ~ . . P.urchasi,?gD!~ision · nvitation to Bid N~'~ 602-830:1, Concrete/Concrete Polymer Reinforced and Polyethylene Water Heter Boxes And Component parts 1.01 ZNTENT: 1.02 CONTRACT TERM: Part 1. General Znformation and Requirements The Ob/ of Fo~c Lauderdale, on behalf of. ~e. Bmward Counb/Governmental is hereby bids from qualified .vendors to supply 3er the specifications contained herein. Water ~leter ~oxes The contract, term shall be for a period of two, (2) years, commencin b.~or vhen approVed b the O~. ~;, ~'^-~ -~- L_ g Y ~,,-- ~lll:~c~.t. bllcil u . . , ~ , ave p to two (2), two year periods, provided: hr~h nd~bons and speofications ~remain the same; and ~he 1.03 ZNFOR~IATZON: For information regarding bidding procedures, contact: Marsha M.-Perri, C.P. PB Procurement SpecialiSt ~! Public Services pepartment Telephone: (954) 492.7816 For information regarding the technical specificaUons, contact: Hike Bennett Water Distribution SuPervisor Public Services Telephone: (954] 492-7832 Such contact will be for clarification purposes only. Hate. rial changes, if .any, to the technical specifications or bidding procedures will only be t~'ansmitted by written addendum. : 1.04 COMPETENCY OF BZDDEI~: Pre-award inspection of the bidders facility may be made prior to award or,the contract. Bids will be considered only from firms which are regularly engaged in the b~u~in~s of providing the goods and/or services as described in the Invitation to Bid and who n produce a satisfactory record of performance for a reasonable pedod of time; have suffident financial support, su~dent delivery fleet and orqanization to insure that they can satisfactorily execute the services if awarded a contra~ under the terms and conditions stated herein. 602-8301 Page 7 1.05 HANUFACTURER'S may offer any brand 1.06 1.07 Group -- 1.08 Estimated annual expenditures expenditures am projected for given or implied as to the specific item or the contract pedod. ZNSURANCE: Without limiting any of the Contractor shall provide, pay for, any extension term(s), the insurance ~ furnish odginal certificates to the City's PJsk Manager, prior to the ~ the City and any .other herein, as an "Additional requirements. Proposed only. No warranty is will. be. purchased during of liability of the Contractor, throughout the contract term, and section. The Contractor shall and receive approval by the Nork... Such certificates shall name in Broward County, named with provide f~e City ;id No. 602-8301 Page 8 1.09 1.08.01 Worker's CompensaUon ~lsunlnce & Employers Liability ~surance to appiy for all employees, in com~iance with the '~/orker's Compensa~n Lay/' of tim State of Florida and all applicable Federal laws. In addrdon the policy must include: 1.08.01.01 Employe~s Liability: Minimum limits of one hundred thousancl ($100,000.00) dollars each accident. 1.08.02 C°mme .r°a I General Liabirlt~:- Minimum I mits of ~-- ,-: ....... 1.08.02.01 1.08.02.02 1.08.02.03 County, named 1.08.03 Business combined Znsursnce the 1.08.03.01 Owned Vehk:les · ~- '"~=":qulreamprovgleacer'dficatenami e~r~,=-,,-.. .......... yo arethe successful Oan~. g~. to .p.ubl!c a.nd/or private property shall be the ",~',,,nsibiP-- of mpa,rea an~/or replaced to t~e C:~y's sati~acUon at no =~---~1 '~' me _~..nuacmr arm shall be AWARD: Award will be made to the responsive--and responsible bidder whose product and/or service meets, the term~s, condlUons; ~nd specifications and whose bid is COnsidered to best serve the interest of the ordering agency. 1.10 DEL/VERYAND UNLOADZNG: Theproducts'covered un ' ' · ' · delrvered on an "as r~ui~-~~ :~.~:_ r .... ** . der th~S [nvitabon to B~d are to be ~' ~- ,ucouunL$) w;;i De oesignated Dy the ondedng agency. ~tems requiring palletizatiqn~ are to b'ie~shiPPed~ on non-returnable pallets. purchaseThis proposal order: will fix the number of calendar :days required for delivery upon receipt of 1.11 Number!of delivery ~ r~ J ~ PR~C2NG: It is the intent of this bid to request that participaUng vendors offer a percentage differentdisc°unt itemsfr°m requiredan establishedby the)agencies:Price list. ~:This 'will eliminate the need to list each of the re~resented in the bid. All Pricing and percentage discounts are to remain fi~n fo~tl~e tJrm ~ of the COntract. B,. ~. 602-8301 Page 9 ~:~co~tage disCO.unt. _bid w.i!l .~.ke into cOnsideration any har;dling and/or delivery char es. - pnces computed from the discounts and price lists submitS, ~ herein ~i'l~ ~ ~h;, ~=~ ~,~; completedelivered price, ed ............. ~u,,. ~n~ ~ Vendors may ~indicate for special bidding in the itional copies 1.14 and 1.15 1.16 1.17 1.18 :each shipment after receipt of,ser~ices requested shat[ ~be under 1, State, apply b3 this conb'act. to inQ'~ase the (MBE) and women business enterprise ONBE) in set aside programs, these firms, If YOur firm qualifies, of Bid No. 602-8301 result ~ef'this proposal, and if the' :awarded Conb-ac~o~ is~claiming 3pportunib/. Contractor shall disapproved by Broward County, the City of Fort Lauderdale; ~vision of also provide that Page ~.0 c~ac General Conditions Section 1.08 for MBE and WBE definitions. 1.19 SXGNATURE REQUZREHENT: Bidder please insure that you have signed Page I of this ~bid.Invitati°n to Bid. Omission of a signature on that page may result in the rejection of your PART 2. SPECZi='ZCA'rZONS GROUP X. CONCRETE/POLY/4ER AND FZBER RE?NFORCED WATER HETER BOXES AN D COMPONENT PARTS aAllAll boxesC°VerSshallShallmeetmeetH~20the trafficrequirementSraUng, for inddental traffic H-20 loading es established by A.A.S.H.T.O. a All boxes and component parts shall meet the requirements of Section A-8 of ASTlVl C 857 or la revision) on the minimum structuraI de. sion IoadJn,~ ~ ._., ..... ' ( test ~ ,~, unuc~grouna pre-cast concrete uUilb/structures. [] All coverS shall~be designed to fit and interchange with standard concrete boxes. ~ AllboltedCoverSdown.Shall be fitted with meter reader lids, hinged wit~ brass or stainless steel pivot pins or solid and [] All meter boxes and component paths should have a comnr~-~ion stren boxes are t°be mad· av~ilableas strai~k~ ---;., ..... ~. -' g~ of at least 10,000 psi. Meter / ~ ~.~. m,u .~ree Wall ['ype. tfleter boxes and component parts shall meet the requirements of ASTH D570 (or latest revision) standards·, for. water, absorpb'on.. ::Gaining no more than one half of one percent Jn weight after exposure to moisture as established by. the spedficodon procedure, t4eter boxes and component parts shall be unaffected by UV light and subsoil chemicals. QandAll dimensionSinches, of meter boxesand ~component parts shall meet the US Standards of Measurement in feet c~ All meter boxes and component ~arts shall be manufactured in the United S~ates. ~ All meter boxes and component parts are to be available es bolted an~/or with I~uch-read holes. r~ All meter reader lids must open less than 90° so that the reader lids are self-close. n All boxes to be footed. C3 of Allonemeteryear.boxes and component parts shall be warranted against materials and workmanship for a period Bi ~gell, PARTS All boxes and covers shall meet themquirements for'H~20 and/or H-20-S616 (or latest revision) per Q A.A.S.H.T.O~ standard sOedficat~ons for high~ bridges.~ All f~orms L All aggregates, fine and coarse, must~ aggregates are to be free of all sulfide. Ir J Meter .'-33 The All The me~er box shall be made from smooth finish,, black in color and have storage- Inte~ior,wall shall be smooth t Wall thickness shall ground Meter box on a 9~x ;hall be cast of ductile iron conforming to All meter box lids shall be cast and assembled in the USA. Where space,permits; rai~ lettering on the castings shall identify the manufa~er~ foundry, and coUnty of orig n. Submittal information with each shiPment shall include certification from the foundry and ~ird party laboratory that the above requirements have been me~. All meter box lids shall offer a 10 year limited warranty. Bid NO. 602-8301 Page 12 Page ~ 3 PRICE SHEET DATED,2~I~2000 Ormand Beach, t~.l.a. CDR S ¥STEM'S?'S~ERIES 10 x :!5 1! ~nt: ez'¢hangeab~.e wl~,h 15" HEX BOX 32 Series Box STANDA{RD CONCR E #33 ..... ~ ~ * #32 ,, #6.5 round NOTES: Z)All orders Praigh~ Allowed Co City yard. ALL Boxes avatlab~e S~ra~gh~ Wall or 5) Specific ~O00.No ~x~a Charge. 6) Delivery vlthin 14~ days. 7) All Covers avallab~la Solid, ~1th Touchread Hole or ~ith Reader lee~ than 90 Veg~e... . ~) All Covers and Bahia Avai~abla ~-10 9) prices Good ~o~ ?i~m of ~0) A~l products ~en~act=~ed in Pa~a~a. 12) ALL BOLT DOWN!HARDWARE STAiNleSS STg~L. ]3) Ail Boxes a~nd~cov6~s'Made in the USA. Doo! Page 2 :-at~.~ -5~EET DATED 2-I-2000 WCOO-1015-2c WCOO-10]5-02TR WBOO-IO15-12 "B03-1015-12 WCO2--1015-O2 "802-1015-12 W~04-101§-12 COVER ONLY ~ITR READER H-IO COVER WZ?H ~OUCHREAD HO:,E $35.50 ea BOX ONLY iF~D .al! H-~O $35.50 ea Box ONL¥'LSTZ,~O~T HALL H-lo 45.00 em H-lC 45.00 em COVER 0N~y 60~zv Box ONLY FLARZD WALL HD 39.00 ea BOX ONLY.~TEAz~HT ,ALL BD 56.00 sa BOX OR?CO,ER HD 56.00 e& 4,00 e~ LIST PRICE ADD-oN FOR TO BECOME BOLTED WCO0-1tlg-2E WCOO-IiIg-02T~ WBOO-1119-12 X ONLy ~LAR~O WALL H-10 WBO3~Ii19-12 BOx ONLy s~RAzGNT wALL WCO2-iii9-02 COVER ONly ~OLiD weo4-1it~-l~ BOX'ONLy !i AZON? WALL LIST PRICf ADD-ON FOR'BOx CE ~0VI~R TO BECOME BOLTED WCOO-i118-2¢ COVER ONLY WITH READER WCOO-1118-02TR B-10 COVER ONLY WZTH ~OUCHREAD HOLE H-10 WBO3-kllB-.12 BOX ONLY F~ARED WALL H-lC ~B00-1115-~2 ~OX ONly B~RAX~BT WALL H-10 WCO~-iIIB-0~ COVER ONLY ~0LZD HD WBO4-11~8-I2 BOX ONLy FLARED WALL HD WBO2-Ii18-12 SOX ONLY ~TRAZGBT HALL HD LIST PRICE ADD-ON FOR BOX OR COVER TO BECOME BOLTED WC00-1517-2c COVER ONLY WITH READER ~Coo-~5~?-O2T. .-~0 covER oNLY w~TH TOUCNREAD "OLES~-~O wBoo-~5~-~ Box ONLY fLaRED .ALL wco2-~?-o~ cove. ONLY ~OLZD WB04-15i?-I2 BOX ONLY B?RAZOHT W~LL LIST PRICE t~D-ON PO. Box oR Cover To BEeo. E BOLTS WCOO-1324-2C COVER ONLY NZTH-READER B-10 WCOO-I324-02TR COVER ONLy WITH TOUCHREAD HOLE H-10 W800-1324-12 BOX ONLY FLARED HALL H£10 W803-I324-12 BOX ONLy STR~ZGHT WALL ~10 WC02-1324-02 COVER ONLY S~LID W'BO2-1324-12 BOX ONLy PLAR~D WALL HD WB04-1324-[2 BOX ONLY STRAXOHT WALL LIST PRICE ADD-ON FOR BOX OS CO.ER TO BECOME BOLTEDHD PAGE 3 $38.00ea 38.00 em 45.00 ea 45.00 ea 42.00 em 56.00 ea 56.00 ea · .00 ea s38.00 ea 38.00 ea 45.00 ea 45.00 ea 42.00 em 56.00 ea 56.00 ea ~.00 ea $45.80 ea 45.80 ea 62.00 ea 62.00 ea 46.00 ea 82.00 em 82.00 em 4.00 em $66.00 ea 66.00 ea 68.00 ea 68.00 ea 86.00 em 96.00 em 96.00 em 4.00 ea ~ODEL ~ WC00-1527-2c WCOO-152?-02TR [27-12 2-1-2000 READER H-10 TOUCHREAD HOL~ H-10 OME BOLTED LZ STL: PEZCE $80.0b'~&~ 80.00 e~ 4~ 0LTE'D O0 ea .00 ea e~ ~C00-2436~3c wCOO-24351O3TR ~BO0-2436 WE02-2~ ~BO4- ~ST P~CE ~-o~ WCO0-3048-3cw WC00-3048-03wTR WEOO-3048-18w WB00-3048-24w WBOO-3048-36w WBOO-3048-18 WBOO-3048~24 WBOO-3048-3~ wCO2-3048-O3w WB02-3048-18w WBO2-3048-24w w~O2~O48-3~w WB04-~048-18 WB04~3048-24 WB04.3048-36 LrST'PR~CE ADD-O~ WA02-1300-15 HEX WA00-1132-]2c FOR 30 PAGE-4 HOLE BOLTED TOUC! HOLE 18" DEEP P Deep Deep Deep 36" Deep , 18" DEEP ~" DEEP DEEP WALL 18" DEEP WAL~ 24~' DEE~ 36" DEEP BOLTED t %" deep $160.00 ea i160.00 ea ~230~00 ea 230.00 ~ ~2o.oo 260.00 ~'a~ HD 260;00 ea 6.00 ea H-lO H~IO H-~O H-~IO H-10 H-10 H-10 HD HD HD HD~ HD HD HD HD H-10 $250.00 ea 250.00 ea 360.00 ea 380.00 ea 400~.00 ea 420.00 ea 440.00 ea 460~00 ea 400.00 ea 420.00 ea 440~00 ea 460.00 es e~ 520.00 ea 10.00 ea $170.00 ea $160.00 ea PART 3. B~D FORMAT Zt is the i.?nt of ~his bid to request that pari~cipating vendom offer a ' .an establ;shed price list. This will elimi _ ..Pe~en_ tage. dlscount from ~y the agencies represented in ~hi~ k;a n~.,t~, t~.e~need .t~ list =c~ of the aifferent items required ~-~--.---.~ ..... ~------. '", Pn'~ngan, percentagedlsco ,ts - ~ur UlU ~ or me COIIU-dCt, Z] : ~ . . ~ U___ are to remain firm and . . ~ the ~event that we ~recewe ~blds from more · responsible bidder the o ' - -. . than one respons;ve b~t m . ., rdenng agency wdl have the optJen to award to lJtat ' eeta their needs. . b~dder who Zn o. rd.er ~r yo.ur bid to ~ pro,petty evaluated, you must submita co and price list with your b;d. F r. . . · py of your current catalog adure to do.so could result ~n me~on df your bid. E~creta/polymer and fi.~.~ r re~nforced mated Annual ~diture for a ' ·. State Ma Group I. t defective Group ~. Group ZIZ. Have Polyethylene Parts defective HJnimurr Have ' Bid NO. 502-8301 Page Zt is the GmupZ. to request that will eliminate the Group Group ~Z. Have Have Bid No. 602-8301 PaGe 13 ,ECO~ E,OE" P,ICE LIST Group ~.. ~1 osd~t~ ~,~ B r o 0 ks DIVISION # 376 MEDLEY DATE 3-1-98 NOTE: PAGE d[z: [0 oo-~-~d~ R~:¢OMMFNDEO PRICE LfST ~--~(Iu{3 ~ DIVISION # 376 MEDLEY DATE 3.1-98 NOTE: Cl ALL ~0 ',mi Brooks DISTRIBUTOR PRICE LIST . CONCRETE METER BOXES ( MINIMUM ORDER - PALLET QUANTITIES ) DIVISION # 376 MEDLEY DATE 3-1-g8 NOTE: ' ,' - ; 3,95 14¢ 14_60 107 9.35 42 DUAL-1PC. POLY. , · , 73 85 152 UUAL-/~UCH REA ~ ~ 56 T 1 ~6-T STEEL~IL D ~6fl ~ ~ ....... - . 12 ao 60 ~ ~5 ~6-PB QONCR Y - . , 5 . E ~ ........ SO .... ~5 BOLT PACKAGE ~ ]' PA( 2 0 ~t.p~.-~s, Brooks DISTRIBUTOR PRICE LIST-CONCRETE METER BOXES MINIMUM ORDER-PALLET QUANTITIES ) DIVISION # 376 MEDLEY DATE 3-1-98 PART 3. B/I) FORHAT : Zt is the intent of this bid to ~--uest ,~-~ ........ an ~t~blished---- ~-ri-~..,~':"" ~'"'---~--, ,,,~ wm .... .um.L l~raapaung, venclers offer a peramta_ge discount from . . . ~immate the need to list eac~ of the - - by the agencies resented - . . _ . different items required · .rep m th,s bid. All na a. ~ · ~hfor~the term of the contract. Zn . . ? .mj d ~ge. discounts are to remain firm ~a,d 'mS--ns .... ~ ..... ~e event that we rec~v.e bids from more than one ' -.~ ~--~ ~ Il]lO DigGer, I:!)~ Ol'Q~rjn~ ~,~,,~, ...;zl ~.-.._ ~ _~. __ i r~spORSlV~ bes~ .meets their needs. --~ .--.--~ ,-,,, ,~v~ a~. opaon ~o award to that bidder who Zn order for your bid to ~ properly eveiuated, you m ..u~. submit a copy o~_ your current catalog and price list With your bid.' Failur~ to do so couJd result in the rejection of your bid. Group Z. Concrete/polymer and fiber reinforced Water H---- State Hanufactarer you am bidding: standard warranty and Group Group of your price list? YES.. NO ~omponent Parts (for all partidpants): $76,540.00 S~te MpnuPacterer you are bidding: Hinimum delivery reauimm. M. ide. Un'-&.o-' '-"-'-' :~ar~nta.ge .d~.,~o. ~__u~c. ~you am ~ ~ .I;ui~ ~e ~ . ma~Hab and ~a~-. =mrs mn~ ~ and ~mnm agm~ d~ve s myo. . Ha~ you ~d~ ons mW ~ ~ur pd~ li~ ~ NO Pol~e Wa~ ~ ~x~ and ~nent Pa~ State Man.~..cturer YOu. are bidding: _ '.. ~.E 0.- .~- ~' : ~,nce list idenUfication: I~ (~ ~ Bidder is to imffcate t~e ~-a~a~"¢ ,.ago. o~ m.e .ordedmJ agency: $.~.~.~_~. martials,_., .._-.--' ':'.a"ur~ ,~u,._~s stanaa__ ra war~z.nty and ~uarantae aaain~ veyouenaasndonecopyofyourpHceli~t? YES ~' "N:c~~ ' ..... No. 602-830! Page 13 ~e ~ey ~ 1 ~47 1107 Fe~: 678432-~011 8&B~e14-777~ 2000 Part r~ames (3:;) OKDE-12 $30.75 15 LBS ; 1118 (DJa *H) OKDK-13 $41.78 16LAS ]:6 1-~17 (311) OKDK-14 $~.85 18 LBS I2 13:~4 (66) OKDK-~ $70.68 25LBS 12 1730 INC. COVER CODESj RmReader S=Solid TmTouch Read Sp~.'cffy marking=Water or ~r Cover D! WgL Kequesmd City Commission Meetin~ Dates [] March 21, 2000 · [] April 4. 2000 [] ^~l lS, 2ooo [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 8. 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) April 5, 2000 (5:00 p.m.) 3~prit 19, 2000 (5:00p.rr~) Requested City Commission Meeting Dates [] May 16, 2000 [] June 6, 20~0 [] June 20, 2000 [] July'5, 2000 IV-CONSENT AGENDA ITEM B.4 Date Final Form Must be Fumed in to City Clerk'g Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.mj June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adraiais~-ative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] PresentatiOn RECOMMENDATION: A motion to award Bidg070-2710-00/CJD to L.B. LIMITED & ASSOCIATES, INC. for the "FIVE YEAR STRATEGIC PLAN FOR THE BLACK AWARENESS EVENTS" in the amount of: $10,000.00. EXPLANATION: On May 30, 2000, Procurement Services received and opened one (1) Bid for the above mentioned project. It is recommended to award this project to: L.B. LIMITED & ASSOCIATES, INC~ of West Palm Beach, Florida as they were the sole, responsive, responsible bidder who met all specifications. Debbie Majors, Recreation Supervisor concurs with this award (see attached memo g00-82). PROGRAM IMPACT: The purpose of this bid is to seenre a qualified eonsnitant to develol~ a five (5) year plan for implementing an on-going, year-round series of events celebrating the accomplishments and heritage of the City of Boynton Beach's African American Community. FISCAL IMPACT: This is a Community Foundation of Palm Beach and Martin Cotmty grant funded project in the amount of: $10,000.00 Aeeoun_t Deserintion Consultant Fees Director of Financial Services Department Name C: Debbie Majors -Recreation Supervisor t ' - File Account Number Budeet 10~-3015-513-34-53 ~ · $10~.0.00 / ' ~-f City Manager'~ Signature V ' City Attorney / Finance / Human Resources S:~BULLETIN~O RM S~AG ENDA ITEM REQUEST FORM.DOC TO: FROM: DATE: RE: J~ ,16 ~ Bill Atkins, Deputy Finance Director · Debbie Majors. Recreation Supervisor~~'L'/ June 16. 2000 Five Year Strategic Plan for, lhe Black Awareness Eyents Bid # 070-2710-00/CJD ' - · :~ The Black Awareness Committee has agreed to recommend the sole bidder on this project. L.B. Limited and Associates. Inc. This is a Community Foundation of Palm Beach and Martin County grant funded project. We have received $10.000 to cover this expenditure. Please use account # 105-3015-513-34-53. Please place on the July 5th Commission Meeting agenda. If you have any questions, or need further information, please let me know. Thank you for your attention to this matter_ Xc~ Wally Majors Carol Doppler File *****SOLE BIDDER W}IO MEETS ~j~_~F. CIFICATIONS... Bill Atk~n~, Deputy Director of Finance Debbie Majors, Recreation FIVE YEAR STRATEGIC PLAN FOR THE BLACK AWARENESS EVENTS Supervisor "Offers from the vendom listed herein am the only offers BID OPENING DATE: MAY 30, 2000 ~ r(~ceived timely as of the above receivir~g date and time. BID OPENING TIME: 2:30 P.M. . _,~,l~p~thgr offers.sabra tt~.d n msoonse to this soli~tation, BIL)~: UIU-ZI1U-UUIgJU i~- ~ J~ e.~ia ~'" .any, arenereDymlecmaas~am- VENDORS - L,B, LIMITE ;) & ASSOC.,-INC 120 S. DIXIE HWY, STE # 205 WEST PALM BEACH, FL 33401 TOTAL COST 40,000.00 STATEMENT OF PROPOSER'S YES QUALIFICATIONS ANTI-KICKBACK AFFIDAVIT YES SUBMITTED NONcoLLUSION AFFIDAVIT OF YES ' PRIME PROPOSER SUBMITTED CONFIRMATION OF MINORITY OWNED YES/CERTIFIED BUSINESS SUBMITTED CONFIRMATION OF DRUG FREE YES WORKPLACE SUBMITTED COMMENTS LICENSES/BACKUP DOCUMENTATION : PROPOSER ACKNOWLEDGEMENT Submit RFP'S To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 31-0 Boymon Beach, Florida 33425-03t0 Telephone: (561) 742-6323 Mailing Date (City): MAY 5, 2000 RFP Title:FIVE YEAR STRATEGIC PLAN FOR THE BLACK AWARENESS EVENTS RFP Number: #070-2?10-00/CJD RFP Received By: MAY:30, 2000, NO LATER THAN 2:30 P.M. (LOCAL TIME) Pro. po. sels.~i!l bp opened in Procurement Services unless specified otherwise. RFp receiving date and tune ~s r$~edllled for: MAY ~30, 2000, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not b~ Fithdrawn within ninety (90) days after such date and time All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the Ci~. Federal I.D. Number: A Corpomti0n of the State of.' A~ea Code: ---~'-'--~' [ Telephone Number:. Mailing Address: /o~ t~ ~'- City/State/Zip: fA-). .~fft--/m Vendor Mailing Date: ^utho ed Name Typed '1'HIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 12 PROPOSAL BLANK RFP PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Proposers: Date_ The undersigned d~clares that he has carefully examined the specification~ and is thoroughly familiar with its pmv~sions and with the quality, type and grade of service called for. The undersigned proposes m deliver the service in accordance with the specifications ~for the sum of: . FIVE YEAR STRATEGIC PLAN FOR ~ BLACK AWARENESS EVENTS: TOTAL AMOUN?r ALL PRICES F.O.B. BOYNTON BEACH This oroiect must be como~ted NO LATER THAN: DECEMBER 14, 20C~ COMPANY'NAME TELEPHONE NUMBER SIGNATURE PRINTED NAME / TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 13 ADDENDA CITY OF BOYNTON BEACH FLORIDA RFP TITLE: FIVE YEAR STRATEGIC PLAN FOR THE BLACK AWARENESS EVENTS , PROPOSER: ~ ~ ~e~T'fi:'C We work means of t to complete/provide the Having studied the documents prepared by: (Name Of i~roj~t'Manager/~hitect/Conanltant ) and having exam/ned the project site (when indicated in these specifications to do so), we propose to perform the work i~f !this Project'according to the Contract documents and the following addenda which we have received ADDENDUM DATE ADDENDUM DATE 'r~HS PAGE TO BE SUBMITTED Wtl'H PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 14 STATEMENT OF PROPOSER'S QUALIFICATIONS Each proposer proposmg on work included in these General Documents shall prepare and submit the data requested in the following schedule of information This data must be included in and made pan of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP~ * attach additional sheets giving the information 3. Wh nO gmzed: (ge_n-. ¢ o 4. Where Incorporated: '~"~'"l"t'~'"T E 5. How many years have you been in business under the present firm name? Contracts on hand: *GROSS AMOUNT: *(Each Contract) General character of work performed by your company. * -- ~ ~ /~c'F~d]4 Have you ever failed to complete any work awarded to you? If so, where and. why? 10. I1. 12. Have you ever defaulted on a contract? If so, where and why?* ]xJt9 Experience in performance ofwork similar in importance to this project. *~' ~r,L'-Y~AJ ~'~'~' Background and experience ofprmcupal .members of your personnel, including officers. * Credit available. (If requested) '~-- TI-HS PAGE TO BE SUBMITTED WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 13. 14. List all lawsuits (related to similar projects) to which you havebeen a party and which: * a. arose fi'om perf?rmance: ~. ~ O~ B. occurred within the last 4 years: * C. provid~ Case number and style, * Id Financial statement. (If requested). * Dated at: this 'gO+/4dayof ltkA~ ~ 2000 (written sign& re) or'_) Title (printed or typed) THIS PAGE TO BE SUBMITTED ~l'l'lt PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein proposed wilt be paid to any employees of the City of Boynton Beach as a commi.qsion, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By:/' NAME ~ SI~ATURE Swom,~nd su~cribed before m,,~. this ,~/0 ~:~ dayof , 2007,.) ~ge UB C, ~(~te oflqorida- Ilff' MYCOMMkq~ION#CC76453~ Ii "OFFICIAL NOTARY SEAL" STAMP Printed InfOrmation: NAME TITLE COMPANY · [H~S PAGE TO BE SUBMITTED WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER State of LOtlOr ) Co t of ) 1) 2) the preparation and contents of the attached proposal and of 3) Said proposal is genuine and is not a collusive or sham proposal; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this af~ent, has in any way colluded, conspired, connived or~ agr~l~ d'~ectly or indirectly,,with any other proposer, firm or person to submit a collusive or sham proposal in connection with'the Contract for which the attached RFP has been subrn~ted otto refrain from bidding in connection with such Contract, or has in any manner,: di!eetly,.or incti~eCtly, Sought by agre~ent or .collusion or communications or conference with any other proposer, firm or person to fix the price or .prices in the attached any overhead, profit or cost element of the proposal secure throUgh any coll~sion, conspiracy, connivance City ~f Bovmon Beach or any person interested'i 5) The price or prices ~luotec[ in the at~ched bid are f collusmn, ¢onsplracy,:conmvance or unla ful, its agents, representatives, owners; ~re~not tainted by any. this affiant. 18 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your proposal sheet making it an official part of your RFP ~response. ( ) AMERICAN INDIAN ( ) AS~N BLACK ( ) H~SPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifyi~ng your business as a "Minority Owned Business"? YES )(~ NO If YES, name the Orgadization fi'om which this certification was obtained and date: ISSUing Organization for Certification Dat~ of Certification THIS PAGE TO BE SUBMI'i-i'EI) ALONG WITIi PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 CONFIRMATION OF DRUC~FREE WORKPLACE IDENTICAL TIE PROPOSALS more proposals wMch. are-equal vcith respect to price, quality, andservice are received by the City of Boynt0n Beach or by any political subdivision for the procurement of commodities or contractual services, a Proposal received: from a bUSiness that ce~'tifies disu-ibution, 2) abuse in th, ' of and 3) Give each employee engaged in providing the commodities or contractual services that are under proposal a coPY of the statement specified in subsection (1). 4) In the statement specified in subSection (1), notify the employee that, as a condition of working On'tti6eommodifies or coiltractual services that are under proposal, the employee statement and will notify the employer of any conviction of, or plea to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days at~er such conviction. 5) Impose a sanction- 6n, or require the satisfactot3r participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who isso convicted: 6) Make a good faith effort to continue to maintain, a drug-free workplace through implementation of this section. As the person authorized to si~ the statement, I certify that this firm complies fully with the above requirements. ~//'~7~. ~~ Vendor's Signature / 'I'HIS PAGE TO BE SUBI~u-t-t'[D ALONG WITH PROPOSAL 131 ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 LB. LIMITED & ASSOCIATES, INC. PUBLIC RELATIONS 8RU(E N. LEWIS PAt~NER ~ICHAEL BRADY Community Relations Media Relations Health & Social Service Consultants May 30, 2000 Dear RFP Panelist L. B~ Limited.& Associates, Inc. submits this proposal in response to the :' t " : City of Boyn on Beach, FL RFP A F~ve-¥ear Strategic Pla~ For The Black Awareness Ev6nts" # 070-2710-00/CJD. The Consultants are uniquely qualified and can best assist the City with the plan. The finn ofL. B. Limited-has a great history in Boynton Beach due to our participation in developing and implementing the communi~ involvement ~lements Vision 20/20 Plan, which is currently being imple/nented. Our direct contact with residents throughout Boynton Beach allows us to continue our relationships and conduct effective community meetings and workshops required in this proposal. Please review our response and fe~l flee to contact our references. We ~_ok forward to again working~with your communij~. Brfice N..Lew]s/ / M~cli'" '~ael Br[tdy / / 120 South Dixie. Suite 205 * West Palm Beach. Flodda 33401 VOICE (561) 833-8080 FAX (561) 833-3040 E-mail: blewislb~bellsoUth.net L. B. Limited & Associates, Request for Proposal # 070-271 For The for the Plan ~ltants) submit this response to the for the Five Year Strategic Plan specifications Section 2 - Scope of Work The Consultants will demonstrate that they are the most qualified consultants to develop a five (5) year p}an for implementing an on-goin~gy~ earcrmmd s~ies,.of event,sicelebrating the accomplishments and heritage of the City of B°Yntonl B ~eaehis~ ¢~°mmtmi~:- :We ag~eeto.c~duet a, minimum of five ($},e ;p, 1,~mg!workshops,and four {4~) Comm~ttee~mee~b:y no,later than December I4, 2000. · ' ' '- Section 3 - General Information and Selection Criteria L. B. Limited & Associates, Inc. have extensive experience in planning, promoting and producing special events. The Consultants range'of services will best assist the City of Boynton,Beach Florida with the five-year lJlan by the following listed experience with similar projects. 1. Experience of the Firm with similar projects include: SunFest - a five-day music and art festival with over 3000 volunteers, ~ staff of 10 and a. budget of just over $3 million dollars. Mr. Brady and Mr.iLewis have been invol;~'ed f(~r 20 years combined and serve as pre§ident of tl~ board and chair of the public relations committee respectively,i Palm Beach International Cricket Classic, Inc. - a two-day cricket tournament held at Roger.Dean Stadium with 10 teams from around thC United States and the Caribbean competing for cash and trophies. Mr, Brady is President/CEO and Mr. Lewis is Vice President of Business Affairs for the corporation. Arti Gras - a three-day art show ranked in the top 50 nationally. Mr. Bkady serves on the board of the chamber that produces the event and is responsible for the budget and general operations. Palm Beach Offshore Races - a two-day boat race and festival held on Singer Island annually. The consultants serve as advisors to the event organizers on all operations and media relations. SistrunkFestival - a two-day historical and cultural festival held in Ft. Lauderdale, FL: The festivallocated in a predominately Black community, is named after the first Black doctor to practice in Broward County. Mr. Brady serves as an advisor to the Board and has conducted behind the scenes tours at SunFest for the event organizers. Pro Bono Gala Event - a recognition gala honoring the cotmty's attorneys whO have,provided free legal services to the ounderserVed p6pulation in the county. The event raises over $200,000 for programs administered by Legal Aid Society of Palm Beach County, Inc. The consultant's serve as event coordinator:s, 'assist with entertainment and handle all m~dia relations activate. b) c) d) Experience of the Personnel Michael Brady - Partner in L. B. Limited & Associates, Inc. Mr. Brady has over 12 years experience with projects ora similar nature. Mr. Brady's familiarity with projects ora similar nature is addressed in Al. Bruce N. Lewis - Partner in L. B, Limited & Associates, Inc. Mr. Lewis has over 10 years experience with projects of a similar nature. Mr. Lewis familiarity with projects of a similar nature is addressed in Al. Mr. Brady's involvement in this project will be 60% Mr. Lewis's involvement, in this project will be 2~0% The Consultants are committed to completing this project within the budget allocated on or before the completion date of December t4, 2000. Our goal is to complete the strategic plan by the end of November 2000. Resumes and Supplemental Corporate Information (Attachment A) Occupational Licenses are attached (Attachment B) 3) Projects of a similar nature and contact information SunFest, Inc. Paul !amieson Executive Director PBICC Prasad Valluri CFO Arti Gras vlgr ~ega! ,Aid 837-806'2 966-0690 :69432300 :655;8944', xt. 257 The --. L. B. Limited & Associates, Inc. has never been sued or named as a The fn'mis ranked by Dunn & Steps to developing a five-year strategic plan for Black Awareness Events Obtain documents and conduct interviews on past evems Review past 2 years event activities Review the current operations/committee structure Identify who is involved and at what level Review the communications tools used in special event notification Conduct the required 4 Community Meetings Incorporate input from citizens on special events and neighborhood issues Conduct the :required 5 Community Planning Workshops Incorporate input for citywide special events Make revisions to committees/lists to reflect overall community involvement Identify other/proposed special events in the City Develop recommendations to achieve multi-culturalism in all City events Develop foxmal review process and tasks for improving each event Produce a strategic plan to achieve the goals Who would be involved in the strategic planning process? The Consultants, Committee Chair and all committee members including City Staff, Repmsemative(s) from the mandatory community meetings, A representative fr°m the chamber °fCommerce, City Councilperson(s), a representative from. Public Works, the Police and Fire depmtments Timeline for the Process (See Attachment D) Plan to be implemented based on the City fiscal year (Oct 1- Sept 30) Reference List of Clients Served in the Past Two Years (See Attachment E) Payment Schedule The total cost for services including materials, travel and other expenses is $10,000. The payment schedule is a monthly payment of $1666.66 for six (6) months. Attachment A BRUCE N. LEWIS PRESIDENT, CHIEF EXECUTIVE OFFICER AND TREASURER Duties as CEO responsible for all business strategic public proposal'preparation, editing, advertisement,, graphic filings, corporate budget, client.a~nts accounts receivable, accounts~payable and financial forecasting. Previous Fortune Chemical Design Engineer (semiconductors) for including Honeywell Dig t al Equpment CorpOration, RCA Graphic Designer; Philadelphia and West Palm Nest Paim Beach BUSiness Consultant tothe (SBDC), West Palm Beach. Education - Graduate of the University of. Minnesota BSEE - SemiCOnductor C~emical Business Attended -P Graphics =1, Specialized in Administration. Advertising ~Relations Committees and the Chair ~of Marketing / Communications ,and Diversity Committees United Way of Palm Beach County, Active ~ of Committee. SunFest nc.,,, Member - Palm Beach Palm and former member L MICHAEL G. BRADY EXECUTIVE VICE PRESIDENT AND CORPORATE SECRETARY for ail' media business( Previous Experience ~ Vice-chairman of Fresh Relations Director and Cultural~ Affairs Relations/Media, Specialist ~for interest program, ?reduCer Comnfiunity Public Atter~ded PrOg (PRSA), seminars, on dynamics. Civic/Social.. --ct'A wlaes'"~ - Beach media Institute (PhotograPhy). Design and {elations Society of America speaking and effective audio/visual Business Communicators (IABC) seminars County. InC;. BOai~d Palrm Mayors Youth in Action Committee; Palm, Beach County~ ,Member - Mary Immaculate Catholic Church. LB Limited & Associates, Inc. is a West Palm 1990. LB Umited is a full service pu services concentrating on Government Relations, Relations. In addition~ brochures, ting Media ~R produce provide ~lts: ,, B ~ruce N. Lews, Pres dent & CEO' and Mich Our :IVlC The, Clients serviced by Coast Port Inc, Electronic Data System Applied The ; and of inment mahagement for southeast regional,acts. involved The Services provided to our clients vary accord ng to need." They include; the DePartment, the introcluct~3n~'of the prese~3ted tc~ the J~int~ , ~,~r~ ~ '. .... the $300 ~il!ipn dO ar ·A com~un ty consensus,bu~ d no campaign centered around Singer Island development proje~ for O~nLand Investment, Inc. Paim plan. expansion media layout of preduced the · All training for media interviewing techniques to senior management and media spokespersons for E ectron c Data Systems (EDS), a'fortune 500 company. L. B. Limited & Associates PUBLIC RELATIONS Partial Client List Armor Screen Corporation BellSouth American Tennis Association Health Survey Board -Western Palm Beach County Center for Disease Control Cunningham Law Offices United Way of Palm Beach County Palm Beach County Convention Center Florida Pennysaver Palm Beach County Health Department The Port of Palm Beach Colgate-Palmolive Company Electronic Data Systems Minodty Golf Association of America, Inc. City of Boynton Beach Attac B PUBLIC SERVICE 0S-012 --~r~[lB-- -- ~ i e:R AND EN[~NG .ON THE THIRTIETH DAY OE ~,~ r.H IU ENGAGE IN THE BUSINF.~ PROFES.~ON OR OCCUPATiON 'PUBLIC RELATIONS/HKG JOHN K. CLAR~ CFC TAX COLLECTOR, PALMBEACH COUNTY r CNTY $31.5( TOTAL $31,5C THIS IS: NOT A BILL - DO NOT PAY I PAIO. PBC T~X COLLECTOR CK $31.50 OOC 49 10857 0~-12-~9 THIS LICENSE VALID ONLY WHE~ RECEIPTED BY TAX COLLECTOR UCENSE MUST BE DISPLAYED CONSPICUOUSLY AT ESTABUSHMENT OR PLACE OF BUSINESS ~, INSTRUCTIONS: PLEASE DETACH"BEL'~W,. V AND POST IN A CON$~-~UOUS PLACE AT ~-I-I~ PleASE'OF B-U-sINE-ss.~ NOT TRANSFERABLE , ;~ ~ 0~9740 001 GENERAL BUS IN'SS ' THIS LICENSE NOT VALID UNT I I FUNDS ARErCOLLECTED ~ ** PAID ** 0.00 09/07/1999 TOTAL-- 12S~:~0~ '000 125.00 Florida Department of Labor and Employment Security Minority Business Advocacy and Assistance Office is certified as a for a one year period from April 2, 1999 ( ~xecuti~e D~ctor April 3, 200 ! ! Certification Manager tate } artnt n! af I certify from the records of this office~ IS 2~, lNG. The document:number of this corporation is S88444. I further certifythat saidcorpomtion has paid all fees and penalties due this office through Decembe~ 31, 1~999, that its rn~st recent annual report was flied on April 7, 1999, and its statUs is active. I further certifythatsaid corporation has not filed Articles of Dissolution. CR2EO22 (1-99) Given under my ~and and the Groat Seal of the State of Florida at Tallahassee, the Capitol, this the Thirteenth day of ^pril, 1999 A~e~tar~ afA~tate Attachment C Business References Harma Miller- Mayor of Belle Glade Dave Talley - President North Palm Chamber Brian Barnes - Director of Operations Roger Dean Stadium Gary Hines - Sr; Vice Pres. Business Devel6pment Board Mary McCarty - Corn Barbara Noble - President BSN Enterprises Scott Badisch - Ex. Director United Way of PBC Joyce Sullivan - Florida Pennysaver Jamie Titcomb Ex. Director Florida League of Cities 561-996-0100 694-2300 775-1818xt. 276 835-1008 355-2204 790-0767 375-6608 820-4773 355-6545 Attachment D Timeline for the Process Note: this timeline is subject tO mo~dification and may require additional meetings to get the necessary: input to complete the plan Weeks 1 - 3 Review current events, interview special events committee members, review committee structure, identify existing events, and identify new/proposed events. Identify and agree on who should be invOlved in the process. Iden4i~any issues/problemS within thei:community regarding any special ev.e. nts. ' Mee~w,i~i~ ~g~9~tt~e (know ~ 'The C~i~tee"~o~l~the~(2o ~ iim '~ g:~-~end g0gfi~at~on to the pubhc on th,.Commumty Meetings (cta~es, location aha tame9 Weeks 4 - 8 Hold.the four Community Meetings, document the input and compare input from each of the previous meetings. Compile the data from the four community meetings. Weeks 9 - 10 Hold meetings with the Committee to review the Community Meeting data. Compile initial findings. Meet with the Committee to plan the Community Workshops (including who should attend). Send notification to the public on the 5 Community Planning Workshops (dates, location and time) Weeks 11 - 16 Hold the 5 Community Planning Workshops, document the input, meet with the Committee to discuss the input and compile the findings. Week 17 Hold a mid-contract review. Identify missing issues, topics and data. Detetmine how the data from the Community Meetings and the Community Workshops will be presented and to whom. Weeks 18 - 20 Chart the committee members and identify tasks. Work with the Committee to identify weaknesses/missing tasks. Chart all special events held in the City for fiscal year 2000-2001, including any new events planned. Weeks 21 - 24 Detemdne the Special Event calendar year (i.e. City's fiscal year or calendar year). With Committee input, chart how Black Awareness can be incorporated into the various events held in the City. Compile a report on ' Meeting~, 2ommunity Develop a ~ity. Weeks 25 & 26 Finalize the' five-year strategic plan for Black Awareness Events in Boynton Beach with documentation. Present the final report to the City. Attachment E References William Wilkins - City Manager Riviera Beach 845-40 t d The Consultants provided all public relations services, which included creating a master list of all special events and a checklist for promoters of special events held in the City. ~,and[a C~blee - Program Administrator GHS 561-996- 0500 lhe ConStants Served as public relations SPecialist for this twosyear project. Duties included all media relations and community involvement in the study. David Hebert - Project Manager CH2MHill- 813-874-077 / ri'he Consultants currently serve, a public/community relations specialist for the Port of Palm Beach Intermodal Project. Harreen Bertisch -Dir. Resource Dev. Legal Aid 655-8944 ext. 25 / The Consultants direct entertainment and media relations for the Annual Pro Bono Gala. Richard Reikenis - Vice Pres. ATM 659-0041 The Consultants served government relations consultants for ATM on a land development project in Riviera Beach, FL. F. Malcolm Cunnin~ham - Curmin.e. ham Law Firm 833-6400 The'Consultants provide media relations and marketing services to the law firm. Steve Cohen - Attorney Holland & Knight, LLP 650-8360 The Consultants assisted in developing a strategic planning session for the partners in the West Palm Beach office. Brian Morris - Project ManAger O'Brien Kreitzberg 407-481-893 ~ The Consultants currently serve a media/community relations specialist for the new Convention Center in West Palm Beach. .Jerry Taylor - Former Mayor Boynton Beach 355-2204 Mr. Taylor was Mayor of Boynton Beach when the Consultants developed the Vision 20/20 Plan currently being implemented. Requested City Commission Meetine Dates [] March 21, 2000 [] April 4, 2000 [] A~l lS, 2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ~n to City Clerk's Office March 8, 2000 (5:00p.rm) March 22, 2000 (5:00 p.m.) April 5, 2000 (5:0ffp.m.. April 19. 2000 (5:00 p.m.) Requested City Cotmmsmon Meeting Dates [] May 16, 2000 [] June 6, 2000 [] June 20, 2000 [] July 5, 2000 i ViCONSENT AGENDA ITEM B.5' Date Final Form Must be Turned in to City Cl~rk'~ Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00p.m.) June 21, 2000 (5:00 p. m3 NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfiuished Business [] Announcement [] Presentation RECOMMENDATION: A motion to multi award Bid#065-1412-00/CJD "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" on a lot by lot basis to the lowest most responsive bidder who meet all specifications with an estimated annual expenditure of: $200.000.00. Procurement Services requests Commission's review, evaluation and award approval. EXPLANATION: On May 24, 2000, Procurement Services received and opened three (3) proposals for the above mentioned bid. It is recommended to award this bid to two (2) vendors on a lot by lot basis. The evaluating factors used in determining the award were based on: price, brand name, and the vendors minimum shipping. Dominic DeMauro. Warehouse Manager, (per memo attached) concurs with this recommendation. CONTRACT PERIOD: JUNE 28, 2000 TO JUNE 27, 2001 PROGRAM IMPACT: The purpose of this bid is to secure a source for the supply of brass fittings and accessories to be ordered on an "As Needed" basis and stocked in the warehouse for the use of several departments. FISCAL IMPACT: BUDGET ACCOUNT: ESTIMATED EXPENDITURE: 502-000-141-000-00 $200,000.00 (WAREHOUSE INVENTORY ACCT) De-put~ Director of Financial Services //~/ City Manager's Sig~ture City Attorney Finance / Human Resources Department Nume C:Dominic DeMauro - Warehouse Manager File S:~BLILLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH MEMORANDUM FiNANCE ADMINISTRATION TO: FROM: DATE: SUBJECT: Bill Atkins Deputy Finance Director Dominic DeMauro, Warehouse Manager ~ lune 8, 2000 BRASS FITTINGS AND ACCESSORIES I have reviewed tabulation sheet from your office. I used the following factors in determining this award A)price B) brand name C) vendor minimum shipping. My recommendation is the bid be multi awarded lot by lot basis to the lowest must responsive bidder. ADAPTOR Ferguson Underground 1,2,3,4,5,6,7,8,9 CORPORATION ADAPTORS Ferguson Underground 10,11 BALL CORPORATION Ferguson. Underground 12,13 Ball valves-comp x tip Ferguson Underground 14,15,16,17,18 BALL VALVES IPXIP Ferguson Underground 19,20,21,22,23,24,25 BRASS GATE VALVES Ferguson Underground 26,27 TAIL PIECES FOR YOKE Ferguson Underground 28 Semsco 29 EXPANSION NUTS Semsco 30 Ferguson ,Underground 31 METER SPUDS Ferguson Underground 32,33,34 BRASS CLEAN OUT CAPS Ferguson Underground 35,36 BRASS NIPPLES Semsco 37,38,39~40, 41,42,43,44,45,46,47,48,49 Brass page two BRASS REDUCER Ferguson Underground 50,51.52 BRASS BUSHING Ferguson Underground 53,54,55,56,57,58 BRASS CAPS Ferguson Underground 59,60,61,62,63 BRASS COUPLINGS Ferguson Underground 64,65,66,67,68 BRASS ELLS 45 DEGREE Ferguson Underground 69,70,71,72. BRASS ELLS:90 DEGREE Ferguson Underground 73,-74,75,76 BRASS TEES Ferguson Undef~ground 77_.78.79.80. BRASS PLUGS I.P Ferguson Underground 8 t,82,83,84,85 BRASs PLI~G CC THERD Ferguson Underground 86,87,88,89 - FORD PACK JOINT FERGUSON 90 Semsco 91 L COUPLING Semsco 92,93,94,95 FLANGE PLATES Ferguson Underground 96,97 FLANGE PLATES COMP X FLANGE Ferguson Underground 98,99 UNION BRASg 3-PIECE Ferguson Uncl6rground 100,101 102,103 DRESSER Ferguson Underground 104,105,106,107,108,109,110,111 CUSTOM SETTER Ferguson Underground 112 Semsco 113 RAISER FOR METER Ferguson Underground 114,115,116,117,118,119 FIRE HYDRANT SUPPLIES Ferguson Underground 126, I21,122 COPER Ferguson Underground 123 In addition to over all low prices the following discounts are for items not listed on this bid. Ferguson Underground 40%-80% Semsco 40% The estimated expenditure is: $200,000.00 from acer ~ 502-000-141-000-00. ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATE: MAY 24. 2000 BID DUE TIME: 5:00 P.M. . - BID #065-1412-00/CJD ' receiving d~lle a~l Ilrde, ' AIl o~er off~s su~l~lled ir1 r es~nse k~ ~s ~1~ VENDORS: A & B PIPE-& SUPPLY FERGU$ON UNDER(GROUND, INC. ' SEM$CO IDAPTOR · Page 1 of 12 VENDORS: A & R PIPE & SUPPLY FERGUSON UNDERGROUNO, INC. SEMSCO P.O. BOX 3387 2361 NW 22ND STREET 3697 $. INTERSTATE PARK RD. HIALEAH, FL 33013~)367 POMPANO B~CH, FL ~EM Q~. uc~ ~ IUN WAREHOUSE ....... ~ COMMODI~ ~ .. ~ ~ ~4' FORD ~B~ ~-233W 670~52~2 NO BID ~.~ 67~52~3 NO BID $17.03 $17.95 ~ 40 1' FORD ~I]~4WG 67~52~ . NOBID - $~.~ $21,15 23 ~ t lI~B~LV~VES~IPXFIP~11~ 670~52~5 NOBID 25 ~ 2"~TEV~VEOPE~TINGNUTFORD~T67 ' , , ., J~_~J~r ~ ..... .~ , . ~. . $5~Q~ .. 2~ 25 2" B~S GATE V~VE " 6~0~2~ NO ~ 28 25 ~4' TNL PIECES FOR FORD YOKE FORD ~91.23 67~1 -NO BID $2.~e $2.25 Page VENDORS: ~ ~' ~ ' ' P.O. BOX 3367 236! NW 22ND STREET 3697 S. INTERSTA)E PARK RD. ~EM Q~.. L' ~'~;:-. - ~m~ ~N~'~ ~'*~,~ ~. ~ WAREHOUSE ' .................... t0 1~ ~4'COP F~RX~ COMPrAD~ ~ 67D~ NO.BiD~ ' ~ 18 - t2 ~ I'~LCORP~C0[HR~FORD~B;I~'~ 61Q~ HQBD ~ ~ ~ ....... I ~ I 11~ B~L COEP, CC ~R~ ~D~B~¥~ . -~ ~" ~O.a D ,, ~ .... ~ FORD~WG' 670~52~ NOBID ~ $24.31 t6 ~ FIE X M~R~4, Bg~.~3W 6Z~52~t~ NO BID. ~.~ $9.40 : ...... ~ $~.25 Page 2 of 12 IVENDORS~. DESCRIPTION A~& B PIPE & SUPPLY P,O. BOX 336T HIALEAH FI. 33013-0367 WAREHOUSE FERGUSON UNDERGROUND. INC. 2361 NW22ND STREET POMPANO BE~Cf[ FI. 33069 5000 3~4" EXPANSION NUT #EC-23 500 3/4" X 2 250 3/4" X 2 114" #C38-23-2.25 6704)624)0001 NO BID $5.5O $2A2 $2.42 $4.12 NO BID NO BID $6.00 38 15 4' BRASS CLEANOUT CAP ISEMSCO 3697 S. INTERSTATE PARI( RD RNIERR BEACfl FI. 33404 NOBID VENDORS: ~, & B PIPE & SUPPLY FERGUSON UNDERGROUND, INC. ~EMSCO :3,O. BOX 3367 2361 NW 22ND STREET 969? S. INTERSTATE PARK RD. -IIAI. EAH. FL 33013.0367 POMPANO BEACH. FL 33C69 '~IVlER~ BEACH, FL 33404 ...... $1.87 $I~t5 49 ~ ~X6" 670~4~00t3 S7,78 ~.69 ~.70 Page $ of 12 ~/ENDORS: A & B PIPE & SUPPLY FERGUSON UNDER_GROUND, INC, ~EMSCO P.O. BOX 3367 -)36t NW 22ND STREET ]697 S. INTERSTATE PARK RD. HIALEAH, FL 33013-0367 =OMPANO BEACH, FL 33069 ~IVIERA BEACH, FL 33404 50 30 1" X 3/4' 670-(X)64)ggOl $3.93 $8.45 NO BIO _. S?~:14 _ ;is.es NO U D . 704)12.00601 $3,13 '~ ~t.~? NOBID 54 20:-1 1/4"X 1~ 6704)12'00(]02 $8,61 ~ $3,13 NO BID 6704)12-00003 $5.14 ~/ $3.52 NO BID 5~ 25 2' X 3/4' 8704)12-00004 $8.34 $6.58 NOBID 57 50 2'X1" $70'012-00605 $6.34 " $8.58 NOBID 58 100 2"X1 1/Z' 8704)12-00006 $6.34 $8.58 NOSID Page VENDORS: ~, & S PIPE & SUPPLY =ERGUSON UNDERGROUND, INC. SEMSCO ~.O. BOX 3367 !361 NW 22ND STREET 3697/S. INTERSTATE PARK RD. ITEM QTY. DESCRIPTION r ~ ' WAREHOUSE # C~OlVlflOOtT~.# ~RASSCAPS ~ :. ' ,'~:,~.~ P . 670~002-00003 $1 ,St $t.33 NO BID 60 10 1" ; .... 670~2-000~4 ~2,7~4 $2.41 NO BID E70~2~ $4.63 $4.2s NO S~O 62 10 670-002-00006 ~ $6,34 $5.58 NO BID 670~, , $7.85 ~.~ NO BID 69 25 ~4" ' 870~1~1 : $3,15 $2.77 NO BID 70 25 1" 670~1~2 $5.~ ~,73 NOB1D Page 7 of 12 VENDORS: A & B PIPE & SUPPLY FERGUEON UNDERGROUND, INC. SEMSCO P,O. BOX 3367 2361 NW 22ND STREET 3697 S, INTERSTATE PARK RD. qlALEAH, FI. 33013-0367 POMPANO EEACH, FL 33069 RiVIERA BEACH, FL 33404 ITEM QTY. uc~,~t'~lupl WAREHOUSE # 73 20 3J4" 670-001.~(~O5 · $2,41 $2, t2 NOBID 75 20 t II2" 670001-00OO7 $?.85 $6.76 NO BID 76 20 2" ~ , ~- , ,,~ ..... 070'001-00008_- $12.68 · , , ,,... ....... ~ $--t0.91 NORID r ~I.?S NO BID 0 20 2 · ~ "' · % ' ~ ~ . -- NO BID - 82 26 1' oTO'015-0000; $2.41 ~..12 NOelO Page 8~/~ 92 10 93 10 I'XI'~'L'COUPLING.1-FEMALECOPPERFI~AiR:XPACE~ - JOINT t' FORD ~t.04-.44 NO BIO NO BIO $9.t5 htO BID S10.45 Page 9 of 12 VENDORS: · A & S PIPE 8< SUPPLY FERGUSON UNDERGROUND, INC. SEMSCO P.O. SOX 3367 2361 NW 22ND STREET 3697 S, INTERSTATE PARK RD. HIALEAH, FL 33013.0367 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 ITEM QTY. DESCRIPTION WAR~EHOUSE 670~05~-O0003 NO BID $40.73 $42.90 NO BID · : 670.010-00001 HO.BID $4,4T $4.70 10t 200 1" FORD ;~,44-44 ~?0~01G.00002 NO BID S5.39 $5.40 102 20 103 20 2" FORD #C44.77 Page lo VENDORS: A & B PIPE & SUPPLY FERGUSON UN DER'GROunD, I~C. ' ~MSCO P.O. BOX 3~ -~ 2361 NW 22ND STREET ~697 S. INTERSTATE PARK RD. ITEM QTY, Page 11 of 12 VENDORS: ~ : & B pIPE ~_$UP~.Y · FERGUSDN~UNDERGROUND' INCa _.~ SBMSCO- --- ~ ' ' .O. BOX ~7 , 2~1 NW 22ND SmEET ~97 S. IN~TATE PARK RD. ~ ~uunn~w C~FIRMATION OF MINORI~ OWNED B~IN~SS 8UBM~D ........ ~S~O~ ........ ~-A~I~D ~S~E8~ *~T~'MINORI~O~ED BU8IN~ BRASS BID 2000 BID#065.1412-00)CJD AWARDED 100 100 200 100 5 6 - 7 8 ";; ~9 FERGUSGN UNDERGROUND 3/4" X 1" COMP. ADAPTOR FORD #C8~-34 FERGUSON UNDERGROUND 1" MIP X CoI~P. ADAP~'OR FORD ~84-~4 FERGUSON UNDERGROUND I 1/2 M P X ~OMP. ADAI~TOE;~ fF~D.~,~:- 6 FERGUSON UNDERGROUND 50 2" M P X CdMP ADAPTOP~ FO'~b ~'~-~ FERGUSON UNDERGROUND 50 3/4"~-F PX~COMP~ADAPTO~ ~O~D~~'33 ............. P~RG~0s~O~'UNDERG'R~OURo " " -~' ;I FERGUSON UNDERGROUND 25 3/4 F P X 1 COMP. ADAPTOR FOR~'J}~C 4-34~< FERGUSON UNDERGROUND $3.66 $4.42 $4.73 $10.86 $17.23 $3.85 $4.54.: $5,24 11 50 12 13 20 FERGUSON UNDERGROUND $31,87 FERGUEON UNDERGRO~IND 15 500 1" ~ORD #B41-444WG FERGUSON UNDERGROUND $24.31 16 50 FIP X METER 3/4" B91c223w FERGUSON UNDERGROUND $8.90 17 25 BALL VALVES 3/4" COMP [CTSI X FORD YOKE #B94.~223W FERGUSON UNDERGROUND $~l..,80 18 50 BALL VALVES 1" COMP (CTS) X FORD YOKE #B94-344W FERGUSON UNDERGROUND $20.25 BRASS BID 2000 BID#065-1412-001CJD AWARDED 19 20 21 22 23 24 25 100 3/4" FORD #BL11-233W 50 3/4" FORD #B11-233W 100 1" FORD #BLll-344W 40 1" FORD #B11.-444WG 50 1 I/2" BALL VALVES FIP X FIP #B11-666 50 2" BALL VALVES FIP X FIP #B11-777 20 2" GATE VALVE OPERATING NUT FORD #QT67 26 · 27 25 - 2"'BRASS GATEVALv~ 28 25 · 25 1"TALE PIECE FOR~FORD YOKE FORD#C91~ F P X ~.T~R~ FERGUSON UNDERGROUND FERGUS~N UNDERGROUND FERGUSON UNDERGROUND FERGUSONUNDERGROUND FERGUSON UNDERGROUND FERGUSON UNDERGROUND FERGUSON UNDERGROUND $8.73 $8.25 $1~03 $20.48 $37.35 $54.63 $4.98 FERGUSON UNDERGROUND $18.42 30 31 5000 3/4" 2000 1" EXPANSION NU_"I' #E~-4 SEMSCO $5.15 FERGUSONUNDERGROUND $8,32 BRASS BID 2000 BID~065-1412-001CJD AWARDED 32 33 $2.42 35 4Q 41 42 43 44 45 46 49 SEMSCO SEMSCO SEMSCO SEMSCO SEMSCO SEMSCO SEMSCO SEMSCO $2 05 $1.15 $2.00. $2.95 $1.95 $3.50 $5.20 $6.70 BRASS BID 2000 BID#065*1412-001CJD ITEM# QTY. AWARDED DESCRIPTOfl 52 30~ 2"Xl 1/2" 53 54 2~ 55 50 1 1/2"X 1" 56 25 2" X 3~4" 57 50 2"X1" 58 100 2"Xl I/2" 59 10 3/4" 60 10 1" 61 10- 1 ~/4" 62 10 I 1/2" 63 10 2" FERGUSONUNOERGROUND $4.52 FERGUSON UNDERGROUND S5.58 FERGUSON UNDERGROUND $5,58 FERGUSONUNDERGROUND $5.58 FERGUSON UNDERGROUND FERGUSON UNDERGROUND $2.41 FERGUSON UNDERGROUND ~4~5 FERGUSONUNDERGROUND $5.58 FERGUSON UNDERGROUND $9.35 64 50 65 50 1" 66 50 I 112" 67 100 2" .68 50 I 1/4" 69 3/4" 70 25 1" 71 50 ~ 1/2" 72 50 2" FERGUSON UNDERGROUND FERGUSON UNDERGROUND FERGUSON UNDERGROUND FERGUSON UNDERGROUND $3.18 $5.31 FERGUSON UNDERGROUND $2.77 FERGUSON UNDERGROUND $4.73 FERGUSONUNDERGROUND $[24 .......... ~ERGU$ON/UNDE~GRGUND ............ ~4¥0~--* BRASS BID 2000 BID#065-1412-001CJD 74 20 1 ~ 75 '77 78 20 79 -20 I 80 ~o ~," 81 82 '25 1" 83 25 I ~1/4" 84 25 1 ~85 25 2" 87 20 88 20 1 89 20 '2'~-'; ~? 92 ~q 93 94 ~ 95~ -'10 2MIP AWARDED FERGUSONUNDERGROUND FERGUSON UNDERGROUND $3.45 $6.76 FERGUSON JNDERGROUND FERGUSON UNDERGROUND FERGUSON UNDERGROUND $4.78 $9.09 $15.00 FERGUSON UNDERGROUND $2.12 FERGUSON UNDERGROUND $2.98 FERGUSONUNDERGROUND $3.72 =ERGUSON UNDERGROUND ~5.97 ~ERGUSON UNDERGROUND FERGUSONUNDERGROUND FERGUSON UNOERGROUND $3,60 $6.23 $8,76 SEMSCO $19.05 BRASS BID 2000 BID#065-14124}0/CJD AWARDED ITEM# QTY. DESCRIPTON UN 96 12 97 12 2" - #TF FERGUSON UNDERGROUND $10.31 FERGUSON UNDERGROUND $13,46 98 12 1 1/2"-~BF43-666W FE RG~JSON~N DE RGROU N D 99 12 2" #BF43-777W FERGU$ON UNDERGROUND $69.00 100 FERGUSON UNDERGROUND $4.47 101 200 I" FORE FERGU$ON UNDERGROUND $5.39 102 20 1 1/2" FORD #C44-66 FEEGUSON UNDERGROUND $15.60 103 20 2" FORD #C44-77 FERGU$ON UNDERGROUND $22.94 104 20 105 20 3/4" X 3"(3)P ECE. DRESSER COMP· FOR GALVAN ZED PIPE FER~GUSON UND. ERGROUND 106 20 3/4" X 6" FERGU$ON UNDERGROUND $6.40 107 20 1" X &" FERGUSON UNDERGROUND $8.75 108 20 1"X6" I . . - FERGUSON UNDERGROUND $7~3 110 20 1 112 X 6 111 20 2"X6 ..................... FERGUSO~ UNDERGROUND $12.25 112 10 113 10 GEMSCO FERGUSON UNDERGROUND $23.23 FERGUSON UNDERGROUND $23.95 =ERGUSON UNDERGROUND $42.79 =ERGUSON UNDERGROUND $43.80 FERGUSON UNDERGROUND $18~0 FERGUSON UNDERGROUND $12.00 FERGUSON UNDERGROUND $20.00 114 115 116 117 118 119 120 121 122 20 20 3/4" X 12" FORD #V42-12W 20 3/4" X 15" FORD #V42-15W 20 1" X 10" FORD #V44-10W 20 1" X 12" FORD #V44-12W 2O 20 HYDRANT ADAPTORS 20 2 1/2" X 1" ADAPTORS 20 2 1/2" X 2" ADAPTORS I" SPT REDUCER 9 ow ag d s~unts are for te~ls ~;~ j?" ;~;~ ~/~;~,;; ***i~*L~O~T, MOST RgSPONSI~!~--~p~.~S~..ONSIVE BIDDER WHO MEETS ALL SPECIFICATIONS ON A LOT BY LOT BASIS BILL ATKI~S, ]~EPUTY DIRECTOR OF FINANCIAL SVCES. DOMINIC DEMAURO, WAREHOUSE MANAGER ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES BID DUE DATED: MAY 24, 2000 VENDORS: A & a PIPE & SUPPLY =~ON ~G RO U~ ~, INC. SEMSCO ~ P,O, BOX 3367 ~361 NW 22ND STREET 3897 S. INTERSTATE PARK RD. ~ .... $4.42 $4.30 4 100 1 1/2" MiP X COMP. ADAPTOR FORD ~8~6 ' ~-~0~O0~ - N0 BID $~0.86 $~ 1.45 5 50 MIP X COMP. ADAPTOR FORD ~C84-77 ~0~60~0007 NO B~D $17.23 $~6.70 7 25 3/4" FIP X 1" COMP, ADAPTOR FORD ~14~4 ~ ~ 6~0~6~009 ~ NO BID $4,~ ~.80 8 50 1" F~P X COMP. ADAPTOR FORD ~C14~4 670~60~0010 NO BID $5.24 $5.50 9 100 3/4" X 1" AOAPTOR FORD ~4 670-060~00~' NO BiD $7.12 $6.80 VENDORS: . ,., - ~ , ' .... ~' & B PIP~ & SUPPLY FERGUSON UNDERGROUND, INC, SEMSCO · ' " ' ~ P.O. BOX 3367 361 NW 22ND STREET 3697 S. INTERSTATE PARK 12 50 1" BALL COR~. CC t~READ F~D~FB~I~09 ...... ~:Q20~0~OJ ..... ~O. BID ................ $15,~ ..... $1~,40_ VENDORS: ~ & B PIPE & SUPPLY FERGUSON UNDERGROUND, ~NC. SEMSCO P.O. BOX 3367 2361 NW 22ND STREET )697 S. INTERSTATE PARK RD. HIALEAH~ FL 33013-0367 POMPANO BEACH, FL 33069 ~IVIERA BEACH, FL 33404 ITEM QTY. DESCRIPTION WAREHOUSE 2 B0 3/4 FORD#Blt-233W 670~52q)O00~ ~0~]1~ $8.26 ...................... ~ ...... 21 100 1"FORD#BE11-344W . QTQ-OBZA)O00;~ NOBID $17.03 $17.95 Page! P.O, BOX 3357 2361 NW 22ND STREET 3697 $. INTERSTATE PARK 5000 31~"~PAN~ONflUT~EC-~ ~' "~'"~"-'" 610~0~0~ NO'ID $5.~ $5.15 Page 4 of 12 VENDORS: ~, & B PIPE & SUPPLY FERGUSON UNDERGROUND, INC. ~EMSCO >.O, BOX 3367 2361 NW 22ND STREET ~697 S. INTERSTATE PARK RD, -~IALEAH, FL 33013-0367 POMPANO BEACH, FL 33069 ;~IVIERA BEACH, FL 33404 ITEM QTY. DESCRIPTION WAREHOUSE # GOMMODITY~ 37 50 3/4"X18" . S70-004-00001 $8.30 . $7,14 $5,25 38 50 3/4" X 2 6Z0.~)04-00002 $0.93 $0.82 $0.80 39 50 3/4" X 4" ..... 6ZE-004`00003 $1.61 $1,42 $1,40 40 50 3/4" X 6" 670`004`0OO34 $2.35 $2.07 $2.05 41 50 1"X2" ~70-0Q4-00005 $2.13 ~$1,87~- · ~' $1;15 42 50 1"X4" 670-004-00006 $2.34 $2.06 $2.00 43 50 1"X6" 670-004`0O007 $3,44 $3.03 $2.95 44 50 1 1/2" X 2" 670-004-05508 i $2.29 $2.01 $1.95 '0 O $~.09. $3.80 $3.50 46 50 1112"X6" · - 670-004-00010 $6.04 $5.31 $5,20 47 50 2"X2" 670-004-000t $3.49 $3.07 $2.80 48 50 2"X4" 670-004-00012 $5.26 $4.63 $4.55 49 50 2"X6" 670-004~30013 $7.78 $6.69 $6.70 Pag~ ~- : P.O. EOX 3367 !361 NW 22ND STREET 3697 S. INTERSTATE PARK RD. ............ HIALEAH. FL 33013-0367 ~OMPANO BEACH. FL 33069 RIVIERA BEACH. FL 33404 ITEM QTY.' , DESCRIPTION_ 51 30 1'112" X 1" 670~06~0002 $9.96 $8.57 NO BID ~ 100 2"X~ 1/2' 670~F-pgpp6 ~.~ $5.ss NOBID Page 6 of 12 VENDORS: A & B PIPE & SUPPLY FERGUSON UNDERGROUND, INC~ SEMSCO P.O, BOX 3367 2361 NW 22ND STREET 3697 S. INTERSTATE PARK HIALEAH, FL 33013-0367 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 ITEM QTY. DESCRIPTION WAREHQUSE # ' C OMMODITY# I 59 10 3/4" 670.002-OO003 $1.51 $'1.33 NO BID 6O 10 1" 87O-OO2.00OO4 $2.74 $2,41 NOBID 25 3/4" 676.00'J~)00~;1 ~3.15 ~ ~ ' ' $27 - NOBID VENDORS: · - ' ~' ~' ~~~*PTP~E~S~P*'~['~ ......... I -~i~U~ON'~D~tTG~:~Ot~ND;~INC. iEMSCO P.O. BOX 3367 ~ ~61 NW 22ND STREET 3697 S. INTERSTATE PARK RD. ITEM Q~. DESCRIPTION WAREHOUEE ~ 77 20 374~ ........... 670~000~ $3.01 $2.65 NOBID 8~ 25 3/4 ................... 67~ ~00~ $1.51 $1,33 NO 85 25 2" 670~5~000~ ...... ~'.9~ ..... $5,97 NO BiO Page 8 of 12 VENDORS: A & B PIPE & SUPPLY FERGUSON UNDERGROUND, INC. SEMSCO P.O. BOX 3367 -~361 NW 22ND STREET 3697 S, INTERSTATE PARK RD HIALEAH. FL 33013-0367 :'OMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 ITEM QTY. ~S~RIPTION -- WAREHOUSE # COMMODITY# · 86 20 3~4" 070-015-00006 $4.41 $2.50 NO BID 87 20 1" 670-01500007 $4.66 $3.60 NO BID 88 20 1 1/2" 670-015-00008 $7.52 $6,23 NO BID 92 10 3~4" X 1" "L" COUPLING-3/4" F~:MALE COPI~ER FLAIR X 670-~)9~0~001 NO BID $5.84 PACK JOINT 1" FORD #L04-34 $6.15 96 12 I 1/2"-;~F 670.053-00001 NOBID $10.31 $10.45 97 12 2" -#7F 670-053-00002 NOBID $13~46 $13.30 Pag~~ ~ VENDORS: ~ & B PIPE & ~U~=~=L~ F~RGU~ON UN~ER~Ab[JND, ~NC, ~E~SCO . . P,O. BOX 336~ . 2361 NW 22ND STREET ~697 S. INTERSTATE PARS RD. HIALEAH, FL 33013~367 ~OMPANO B~CH, FL 33069 RIVIE~ B~CH, FL 3~04 100 t00 3/4"bORp~C44~ 0~0~10~0001 NOBID $4.47 $4.70 104 20 2BOLT~RE~SER2 FORCAS~-:I~P~P~.,~?,~:r'~,,~'~5~- ~ --"~;,~-~;,~ ~ .... Page 10 of 12 VENDORS: A & S PIPE & SUPPLY =ERGUSON UNDERGROUND, INC. SEMSCO P.O. BOX 3367 ~361 NW 22ND STREET 3697 S. ~NTERSTATE PARK RD. HIALEAH. FL 33013-0367 =OMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 ITEM QTY. DESCRIPTION WAREHOUSE 112 10 1 1/2"CUSTOMSETTER-FORD#VVB66.~EBX13 670-054-00001 NOBID $250.00 $257.60 113 10 2" CUSTOM SE~rER ~FORD ~VVB77.15BX17 670-054-00002 NOBID ~ $593.00 $289 45 1t4 20 3/4'~ X 7" FORD #V42;TW ~ . ..... 670-06t q)0o0~. NOBID $23.86 $23.10 115 20 3/4" X 12'~ FORD #V42.12W "' ' 576-~)61,.00005 NOBID $23,23 $24.20 1t8 20 1' X 12" FORD #V44-12W 670-061-060Q8 NOBID $43.80 $46.15 1t9 20 1" X 18" FORD ~,'V44-18W 670-061-00O09 120 20 NT THRI~AD X 1" SPT REDUCER 670-055-00001 NO BID $18,O0 NO BID 121 20 2 t/2" X 1" ADAPTORS 670-055-0OO62 NO BID $12.00 NO BID 122 20 2 1/2" X 2" ADAPTORS 670-055-00003 $20,00 NOBID 123 t0 C(~PPER PIPE 1", 60 FT. ROLL 670-017-0O001 NO BID 86.00/RL NO BID VENDORS - ~ ,~ .~ A ~ B ~i~SE ~ ~P-PL~ FERGU$ON UNDERGROOND, INC.~ ~EMSCO ~ ~- ~ ' ' : ~ ~ '" ' ~ P,O, BOX 3367 236~ NW 22ND STREET ~697 S. INTERSTATE PARK TEM Q~ DES~R ~ION ...... WAR~HOU~ CONFIRMATION OF MiNoRI~ OWNED BUSINESS:SUBM~ED* r ~ ~ES/NOT y~T A~iNO~i~ O~ED~U~N~S yE~ NOT A MINORt~OWNEO ~USIN~:* CONF RMATION OF DRUG FREE WORKP~CE SUBMI~ED YES 'YE YES Page 12of12 Requested City {~ommission Meeting Dates [] March21, 2000 [] April 4. 2000 [] April 18.2000 [] May 2. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office March 8, 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) April 5:2000 (5:00 p.m.) April 19, 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] May 16. 2000 [] June 6. 2000 [] Iune 20, 2000 [] July 5, 2000 IV-CONSENT AGENDA ITEM C.1 Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7_ 2000 (5:0£ p-m~/ June 21, 2000 (5:00 p.mo NATLrRE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve Resolution adopting fees for activities desiring to utilize City owned rights- of-way and~ controlled easements. EXPLANATION: The Cit~ Commission had previously adopted Ordinance No. 74-17, which established a fee structure for permitting construction of certain improvements within City right-of-ways. However, the City Commission adopted a new "Code of Ordinances" via Ordinance No. 81-6, which superceded alt general and permanent ordinances adopted on or before July 1, 1980, repealing those that were not recognized and continued in force by reference. Ordinance No. 74-17 was one of these not recognized. During the establishment of the City's Land Development Regulations, and the establishment of a fee schedule for land development related activities via Ordinance No. 95-02 and Resolution No, 95-45, the fee schedule for construction work within the City right-of-ways was omitted. This Resolution corrects this over-sight. PROGRAM IMPACT: Adoption of this Resolution will re-establish an Engineering Department Fee Schedule for proposed construction within the City right-of-ways and controlled easements. FISCAL IMPACT: Fees generated f~om this Fee Schedule will be applied to the cost of reviewing the permit applications received by the Engineering Deparm~ent. ALTERNATIVES: None. Permit fees carmot be charged without this authorization. John A.' Guidry, lnter~l~n~'~l~e~ f Signature Engine ering Department ~xeatns ENGINEERING Department Name S :~BLILLETIN~FORMSL4.GENDA ITEM P~EQUEST FORM.DOC RESOLUTION NO. ROO- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA FEES FOR CTTY WHEREAS, the City 0f'~Bo~ton Beach previously adopted an ordinance, an ordinance, which and WHE~S, Ordinance No. 74-17 Was~rnot-recognized and continued in force by reference, and WHEREAS, the City of Boynton Beach subsequently adopted an ordinance, No. 95-02, separating the Land Development Regulations Public as a separate set of City, and r previously adopted Resolution No, Land, Development related activities, which did 2i~ rights-hr-way, and WHE~ in the~ LDR,~Chapter 22, Article II, Section 3 (Permit FeeS), fees for work w?hin ~the rights-of-way, shall be as established by the City Commission from time t0 ti~e~bY':ri~S°lution; ~nd WHEREAS, the City Commission of the City, of Beynton Beach deems it to be in the best interest of the citizens and residents of the City to adopt fees for work within the its rights-of-way~ · BE l"r RESOLVED BY THE CITY COMMISSION OF FLORIDA, THAT: Section 1. The definition of Public rights-of-way means the surface, the air space above the surface, and' the area below the surface of any public street, Page 1 of 2 pages highway, lane, path, alley, sidewalk, boulevard, ddve, bridge, tunnel, parkway, waterway/, public easement, or similar property in which the Qb/now or hereafter holds any property interest, which; consistent with the purposes for which it was dedicated, may be used for the puroose of construct rig, operating and repairing a cable system or open video system. Public rights-of-way do not include buildings, ~arks, or other property owned or leased by the City. Section2. The City Commission desires that the Department of Engineering monitor, address and issue permits for those activities desiring to use the rights'of-way and easements situated under the control of the City of Boynton Beach. Section3, The Lst of Fees for the Department of Er!.gineedng to charge for tholes noted in SectIon 2 above are attached hereto as Exh b t hereby adopted. Section ~_. ~assage. That this ResoluUon shall become effective immediately upon PASSED AND ADOPTED this day of 3une, 2000. C~rY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor ProTem Commissioner Commissioner City Clerk Page 2 of 2 pages EXHIBIT "A" ENGINEERING DEPARTMENT FEE SCHEDUI TYPE OF ACTIVITY FEE A~ -Abandonments (easements or rights-of-way): ...... ....................... ~ Sec P&Z ~ee Schedule B. Annexations (legal. descr~on reviewand, continuity evaluation .only): ~ :. ~'~ -: ~1. ~ess than 5_ acres! ~e PaZ ~e~ Schedule C. latting ~ecord-Plat Rewew): ........................................................ ~i~,:r~"~ '?t-. · $3,000 FOR PUBLIC RIGHTS-OF-WAY AND EASEMENT CONSTRUCTION TYPE OF ACTIVITY FEE Installation of gravity sanitary and storm sewer including appurtenant manholes and/or catch basins: a. First 1.00 lineal feet or less: .......................................................................... $ 70. b. Next 400 lineal feet or fraction thereof: ......................................................... $ 40. c. Each additional 500 lineal feet or fraction thereof: ....................................... $ 30. Installation ofall other underground facilities including, but not limited by the following: sanitary force,~ water, gas, liquid or semi-liquid pipe lines; electric telephone:and/or telecommunication conduits or direct burial, including appurtenant manholes and/or junction boxes: a. First 200 Iineal feet or less: ............................................................................ $ b. Next 300 l~ineal feet or fraction thereof: ......................................................... $ c. Each~additiohal 500 lineal feet or fraction thereof: ..... : ................................. $ 48. 24. 18. Construction or installation of individual catch basins, manhole~ or j~ction boxes not erected in connection with an installation governed by #1 or #2 above (each): ................................................... $ 60. All underground crossings of paved roads of widths up to 25 feet of pavement (open cut): Cost per cur: a. For pipe sizes 18" or less in diameter: ........................................................... $ 120. b. For p~pe sizes over 18" and up to and including 48" in diameter: ................. $ 180. c. For pipe sizes in excess of 48" in diameter: .................................................. $ 240. Page 1 of 2 pages FOR PUBLIC RIGHTS-OF-WAY AND EASEMENT CONSTRUCTION TYPE 10. 11. 12. OF ACTIVITY FEE All underground crossings of paved roads over 25 feet in paving widths (open cuts): Cost per cut: a. For pipe sizes of 18" or less in diameter: ....................................................... $ 240. b. For pipe sizes over 18" and up to and including 48" in diameter: ................. $ 360. c. For pipe sizes in excess of 48" in diameter: .................................................. $ 480. Ail underground jack and bore crossing of paved public roadways based on width ofpaving~ including median: Cost per foot: a~ For pipe sizes of 18" or less in diameter: ....................................................... $ 3. b. For pipe sizes over 18" and up to and including 48" in diameter: ................. $ 5. c. For pipe sizes in excess of 4g"in diameter: .................................................. $ 7. Installation of a pole line for overhead facilities: a. First 200 lineal feet or less: ............................................................................ $ 100. b. Next 300 lineal feet or fraction thereof: ......................................................... $ 60. c. Each additional 500 lineal feet or fraction thereof: ....................................... $ 40. Tumou~s: a. Commercial or industrial turnout connection: ............................................... $ 400. b. Residential turnout: ........................................................................................ $ 125. c. Where culverts are used in conjunction with turnout (per foot): ................... $ 3. Street Connections: a~ Paved street connection for tying into existing and/or new City roadways or streets (each): ............................................................................ $ 400. b. Where culverts are used in conjunction with street/roadway connections (per lineal foot): ........................................................................ $ 3. Construction of elevated or submerged facilities crossing City owned canals or waterways: ................................................................ $ 60. Landscaping within or upon City maintained fights-of-way: .................................... $ 350. + 3% of Cost All construction within or upon City maintained rights-of-way (and easements) including but not limited to mm lanes, new, and expansion of existing roads, and landscaping and irrigation systems within medians: ............................... 3% of Cost Page 2 of 2 pages CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IV-CONSENT AGENDI ITEM C.2 Requested City Commission [] March 21. 2000 [] Ap~l 4, 2000 [] April 18~ 2000 [] May 2, 2000 Date Final Form Must be Turned in Requested City March 8.2000 (5:00 p.m0 [] May 16, 2000 March 22, 2000 (5:00 p.m.1 [] June 6, 2000 April 5, 2000 (5:00 p.m.) [] June 20, 2000 April 19, 2000 (5:00 p.m.) [] July 5. 2000 Date Final Form Must be Tinned May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] EublicHearing [] Legal [] Bids [] Unrra/shed Business [] Announcement [] Presentation RECOMMENDATION: Request Commission approval to authorize the Mayor to execute an Interlocal Agreement between the City of Boymon Beach and Palm Beach County to accept funding in the amount of $200,000 for renovations and additions to Hestcr Co~mnunity Center. EXPLANATION: On March 9, 1999, a bond referendum was passed by the voters of Palm Beach County for the issuance of general ~. obligation bonds for the pm'pose of financing the acquisition, construction, and/or improvement of certain recreation and :ultural facilities. The Hester Center renovations and additions represent one such project. Therefore, upon execution of .... the Interlocal Agreement, the County will provide the City of Boynton Beach a total of $200,000 for the construction of this project. PROGRAM IMPACT: Approval of the Interlocat Agreement will allow for complete funding ofth~s project. The project will allow us to meet public demand for additional program space, provide additional storage and office area, relocate the ex/sting wheelchair ramp and ensure ADA compliance, and upgrade security and supervision of participants using the facility. FISCAL IMPACT: City of Boynton Beach funding for the project = $134,000 ($118,917 in account g001-0000-247.0247; $15,083 in FY 99-00 acct. #001-2710-572.49-17) Palm Beach County funding for the project = $200,000 TOTAL PROJECTED COST ESTIMATE = $334,000 ALTERNATIVES: Staff does not recommend any alternatives. [ Leisure Services/Recreation Department Name City Attomey/ Fimmce / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC _RESOLUTION R00- A RESOLUTION OF THE CITY COMMISSION OF 1999, a bond- referendt~~ was passed for the fssua.ce of general by 3each County "~ obligaton bgnds for the purpose of financing th? acquisition, construction; and/0~'.improvements to certain recreation and cultural facilities, in the principal amount of $25 Million; and WHEREAS. on July 27, 1999, the County approved a recreation: and cultural fac~ht es project tst and proposed funding, allocations for the $25 Million Recreation and Facilities Bond, which included improvements to Hester Center in the City of Boynton Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE THAT: Section 1. This CITY OF BOYNTON BEACH, FLORIDA, Commission does hereby authorize and direct the Mayor and City Clerk to execute an Intedocal Agreement between Palm Beach County and the City of Boynton Beach, for funding of Hester Center Additions and Renovations, which Agreement is attached hereto as Exhibit "A". -Section2 That this Resolution immediately upon passage. PASSED'AND ADOPTED this shall become effective day of Juty, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ~.~ity Clerk PI~OPO~ED · ER~CE AREA PURCHASE INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF HESTER CENTER ADDITIONS AND RENOVATIONS THIS INTERLOCAL AGREEMENT is made and entered into this day of . ., 2000, by and between PALM BEACH COUNTY, a political subaivisi(~n of the State of Florida, hereinafter referred to as "COUNTY", and the City of Boynton Beach, a Florida municipal corporation, hereinafter referred to as" MUNICIPALITY" WITNESSETH: WHEREAS, MUNICIPALITY owns property located at 1901 Seacrest Boulevard in Boynton Beach; and WHEREAS, MUNICIPALITY desires to construct additions and renovations to the Hester Center, hereinafter referred to as "the Project" at said location; and WHEREAS, MUNICIPALITY has asked COUNTY to financially participate in the construction of said project; and WHEREAS, on March 9, 1999, a bond referendum was passed by the voters of Palm Beach County for the issuance of general obligation bonds for the purpose of financing the acqUisition, construction, and/or improvements to certain recreation and cultural facilities, in the principal amount of $25 Million; and WHEREAS, on July27, 1999, COUNTY approved a recreation and cultural facilities project list and proposed funding allocations for the $25 Million Recreation and Cultural Facilities Bond; and WHEREAS, the Project represents one such recreation/cultural project enumerated in the $25 Million Recreation and Cultural Facilities Bond; and WHEREAS, MUNICIPALITY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share ~n common and which each might exercise separately; and WHEREAS, both parties desire to increase the recreational and cultural opportunities for residents of Palm Beach County and to enter into this Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations Contained hereini the parties hereto agree as follows: Section 1:01 The foregoing recitals are'true and?c0rri~ct'and are incorporated herein as if fully set forth. - : -~ ' ~- " · - Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational and cultural opportunities for use by the public and thereby provide a mechanism for the COUNTY to,assist MUNICIPALITY inr~the~:f~ndtng~o~ the,Prolect. Sectton..l'.03.~ GO[JN~w II pay to MUNICIP/~L TY-a total~amount, notto exceed; $200.. . O00 for the' cbnSt~¢t on of the Proiect as more fu y descr bed- h the PrOject':Description a'nc ~: ' i 'it "A" Conce~ptual S;tt~ P an,~attached hereto and made a part hereof as Exh 13 . Section an;'~amount of $~ 33;,150 or s representat ve dudng the design'and ¢onstructi0n 0f the Project Palm Beach County Parks and Recreation MUN ICIPALITY'~ ?tep~.esen%atigb du ring the Majors, I nterim~ Recr~eation Dirbctor, City of Secto.n 1.06 MUNCtPALITY shall construct the Project upon property owned by M 0N~i, pAE~'F~:a~ ~re faIly :described in Exhibit "B" attabhed hereto aridi made a part Section1.07 MUNICIPALITY shall utilize its procurement process for all construction ~etvices required for the Project, Said procurement-process shalr be consistent with all federal, state ahd local laws, rules and regUlations. COUN~ Shall have no cOntractual obligation to any .p. erson retained by MUNIC PALITY with regard to ~he Project. Any dispute,~ cla m, or hub lity that may arise as a result of MuNI~IPALITY'S"~rochmment is solelythe responsibility(~fMUNICIPALITYand MUNICIPAL TYFY hereby h01(JS th'eCouNTy ~ extent permitted by aw and subject to the limitations of Section ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 MUNICIPALITY shall be responsible for the design and construction of the Project. MUNICIPALITY shall design and construct the Project in accordance with Exhibit A (Project Description and Conceptual Ste Plan), attached hereto and made a part hereof; ~nd With all aPPlicable federal, state and local lawS, ru es and regulations. 2 Section 2.02 Prior to or upon execution 0fthis Intedocal Agreement bythe parties hereto, MUNICIPALITY shall initiate its procurement process~to select the necessary professional engineer and/or architect to perform all engineering and/or architectural design work, including, ~)ut not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03 MUNICIPALITY shall Provide a copy of the engineer's and/or archritect's progFamming :phase documents ~(i.e, site p an, floor p an, elevations etc.) ~o the ~ouNTY's Representative for revle~. The COUNTY's R~presentative shall review said programming l~hase'documents to ensure consistency with the intent of this Interlocal Agreement. S~ction ,2.04 MUNICIP:ALI~ shall: be responsible for securing a I permits and-approvals ne'c~s~ry to donst~t the P~ject ~ ' Section 2:05- Prior to MUNICIPALITY commencing construction of the Project MUNICIP~Lt~ sl~ali ~r~;~id~:~a ~py of all plans and 'specifications ~10ng with the assoc ated cOSts thereof to the coUi~iTY's Rel~resentative ~o~ review of s~am;; to ensure consisl:e~cywith the intent ofthis nteroca Agreement section 2.06. MU~ iCIP~!~:. Interi~:c~) A~e~e~e~i~.by ~e !i PeHdd for th~;~b~p0~; df MUNICIPALI~s reque~ for ~ /rees to totally complete the Project and open same to the twen~ fou~'(24) months from the date ? ~xecution bf this rties I~eretd). Upon notification to the COUNTY at least .~, MuNIcIPALI:rY may reqUest ah extension beyond this atir{g,the P~'0ject. COUN-P;' shal not unreasonably deny aid extension. Section ~2.07 MUNICI~RAEITY shall submit quarterly project status reports to the COUNT~sRe~'eseptatlve~on or before January 10 April 10, July 10 and October 10 duringit~ desi~n.a~did6~§~uction of the Project. These Quarterly reports shall include but n(~t~ imit~d to,.a summa~ of the work accomp shed pmb ems encountered peroen~ge ofcemp)e~ on~ando~er ~format on as deemed appropr ate bvthe COUN~ s Represe~ta~ve; ' ARTICLE 3: FUNDING Section 3.01 The total not t0 exceed amount as set forth in Section 1.03 hereinabove shall be paid by COUNTY to MUNICIPALITY on a reimbursab e basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of MUNICIPALITY. Should tne total cost of the Project exceed the amount as projected by MUNICIPALITY, MUNICIPALITY shall appropriate and expend the excess funds required for completion of the Project. The COUNTY shall not dispense any funds to MUNICIPALITY forthe Project until MUNICIPALITY has appropriated and expended said excess funds for the Project. Section 3.02 The COUN~ Shall reimburse project costs under the terms of this Agreement tO MUNICIPALI;TY on a quarterly basis from the date of execution of this IntedOC~lAgreement; h°we~er, ShOUld the need arise for MUNiCiPALI~ t0 be reimbursed Section,-3 04~ MLIN C PALITY sha prov de~:a r~luest,.~er~ fin~hceimburSemen, t !~to; the ~U~lq~::~:O latex than ninety (90~) days followtn~l com~tio~, of;[~!prole,ct ;ad~i~ on 9, 1999; as mom futl~ described ~n Exhibit, ~D, ~ Es{~,~',,an~Pr~gme t List. Section 3.06 For construction projects fully funded by the County Bond, no more than 1 the l from the County. Section .3.0~ County, shall reimburse pr, eject,, costs, only affe~ MUNIC!PAL!~ ~s e~pended itsi:share'Of proje(~t funding in it~; e~tiret~. ~ . ARTICLE 4: OWNERSHIP; OPERATION AND MAINTENANCE OF THE PROJECT Section 4.0t Upon completion, the Project shall remain the property of the MUNICIPALITY. The COUNTY shallnot be required to pay MUNICIPALITY any additional funds for any other capital improvement required by or of MUNICIPALITY. Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authodty!andfinancial ability to operate and maintain said Project. MUNICIPALITY. shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. Section 4.03 MUNICIPALITY shall operate and maintain the Project for its intended use by .the ,general public for a term of thirty (30)years from the execution of this Inter oca Agreen~edt:b~the part b~heretb.~ MUNICIPALITY sha I maintain the Project in accordance with industry standards for~such facilities, to prevent undue deterioration and to encourage public use. Sectio.n 4:04 The~ rights and duties arising under this Intedocal Agreement shall inure to the benefit of and be binding upon the' pa~;es hereto and their respective successors and assig, ns. MU~'NICIPALI~ ~n~y not ~s~ign this Intedocal Agreement or,any nterest her~[Jnder wi{hour the express prior writte~ consent of the COUNTY. Section 4.05 It is the intent of COUNTY to issue this funding assistance to MUNICIPALITY for the purpose set forth hereinabove. In the event MUNICIPALITY transfers ownership of the Project to a party or parties not now a part of this lnterlocal Agreement, other than another governmental entity that agrees to .assume, in writing, MUNICIPALITY'S obligations hereunder,~3OU NTY retains the dght to reimbursement from MUNICIPALITY for its participation to the full extent of the funding assistance awarded to accomplish the Project. Should MUNICIPALITY transfer management of the project to a partyor parties not now a part of this Interlocal Agreement, MUNICIPALITY shall continue to be responsible for the liabilities and obligations as set forth herein. Further, MUNICIPALITY shall not transfer management of the Project to a third party without the written consent of the COUNTY. ARTICLE 5: USE OF THE PROJECT Section 5.01 MUNICIPALITY warrants that the Project shall serve a public recreational or cultural purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of the Project. Section 5.02 The term of this Interlocal Agreement shall be for a period of thirty (30)years commencing upon the date of execution of this I ntedocal Agreement by the parties hereto. MUNICIPALITY shall restrict its use of the Project to recreational, cultural, civic, community :and 'social Sect!on 5.03 MUNtCIP~Ll~shall~;~a,permapent p!~qu~er:ma~ker' in?a prominent location at the completed'Project indicting that the COUNTY Wa~,;a ?6ntributor to [he d~,elgp,n~, n~)f ~be P~oj~;. ~d:,~laq~e g~, marke~sh~lhncla~ei~e,C~u~n,ty~seat a~d a:,!;[St ~ouh ~G~mmiSSiohem;'-un[e-~s!~fhe~ise~:d~re~e~t~.~;b theC~N~'~ePmsen~ative MUNICIPALITYshall resolution of matters [h, purpose Of inspection ~ Ayn notice given pursuant to ~the terms of this,~ [n~eHec~il"Agreemen'~sha , !I~ ~ ,, be 'n,wdt'ng· ahd hand dblivered or sent byCertified Mail. 'Rd~u~'n~ece!l~t Requested. -All'n0~ces S~all' be addressed to the,following: As to the, COUNTY; ,Directo~ ef Parks~,and, Recreation ~, Palm Beach County Parks and 'Recreation Department 2700 Si~,th Avenue SoUth Lake Worth, FL 33461 As to the MUNICIPALITY: City Manager City of,B0ynton Beach City Hall 100 East Boynton Beach,Boulevard Boynton Beach, FI 33435 ARTICLE 8: TERMINATION FOR N ON-COMPLIAN CE The COUNTY may terminate this Interlocal Agreement upon written notice to MUNICIPALITY for non-compliance by MUNICIPALITY in the performance of any of the terms and conditions as set forth herein and where M LI~NICIPALITY does not cure said non-compliance within ninety (90) days of receipt of wdtten notice from the COUNTY to do so. Further, if MUNICIPALITY does not cure said non-compliance within the time frame specified above, then upon wdtten notice, the COUNTY may require MUNICIPALITY to reimburse any funds provided to MUNICIPALITY pursuant to this Interlocal Agreement either in whole or in part once theCOUNTY has reasonably determined that no other remedy is available. ' ARTICLE 9: REMEDIES This Intedocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Ihterlocal Agreement will be held in Palm Beach County. No remedy herein conferred u pon any party is intended to be exclusive of any other remedy, and each and every suc~ remedy shall be cumu atve and shall be in additionl to every other remedy g v~n hereunder cji' now or hereafter exist ng at law or n equity or by statute or otherwise. No Single or partial exercise by any party of any rght, power, or remedy hereunder shall precldde any other or further exercise thereof. The parties hereto may pursue any and all acti ,ens available.under law to enforce this Interlocal Agreement including, but not limited to, actions adsing~from the breach of any provision set forth herein. ARTICLE 10: FILING A copy of this Intedocal Agreement.shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION MUNICIPALITY shall indemnify, defend, and hold harmless COUNTY against any actions, claims, or damages arising out of MUNICIPALITY's negligence in connection with this Intedoca Agreement to the extent permittf}d by law. The foregoing indemnification shall not constitut~ a waiver of sovereign immudity beyond the limits set forth in Section 768.28 Florida Statutes, nor shall the same.be construed to constitute agreement to indemnify the County for the County's negligent acts or omissions. ARTICLE 12: INSURANCE Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Sta!utes. the~MUNICI~PALITY acknowledges to be~setf~insured~forGener~al Liability under Fi0~ida soVe~ .el~ ~mu~] ty-?s~a~ates ~t~ ~c0~erage~~ mt~of~:$0o',oQ(~ pe~pers0mand $200,000~:per0ccUr~ence;o[s.uChmonetary waiVer~ im~tS,that may chan~ge~nd;be;sat.forth by the iegiSlatUre; . ~ ' · '11 nsured Anycla ms-b~ Th¢_~ MHNI'~PALI~' Shall aome ~ oro~ide a statement or' Certflcate of Insurance evidencir~g~irtsUrance~ se!f~insU~B~F, and?r sove[e[gn~ Immun~ty status, Which COUNTY agree~ f~ ~eCOgni~,e.as a~l~ta~b~e'~or the:§bOve ~entiOned coverages. COmpliance with the foregoing ~equicernen~sshall not reI[eve~MUNICIPALtTY of its liability and Obligations under this IntedObal Agreement. ~ ~ .,..~ :** ;, ~= ARTICLE ~3=?,GAPTIONS The~captlon$fand sectio~,'~sig~ons herein set forth are for convenience only and shall have h~ 'sbb~ta'ntige meaning. 8 ARTICLE 14: SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenfomeable, the remainder of this lnterlocal Agreement, orthe application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision 0fthis Intedocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 15: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the COUNTY and MUNICIPALITY and supersedes all other negotiations, representations or agreements, either written or oral, rel~iting to this Interlocal ~,greeme~t. ~lone of ;[he provisions, term~ and conditions contained in this Intedocal Agreement may be added to, .modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the parties have caused this Intedocal Agreement to be executed on the day and year first above written ATTEST: DOROTHY H. WILKEN, CLERK PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Chair ATTEST: CITY OF BOYNTON BEACH By: By: Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: By: County Attorney Municipality Attorney EXHI'BIT A EXHIBIT B EXHIBIT C Prolect Descrtption,. , ;:", , . a'n~,Conceptual.. Slto Pla_ EXHIBIT D lo ~xa[B~T A, 2 of 2 New lobby St~ora~- New ~ PARTIAL FLOOR FLAN LU XXX ADDITIONS & RENOVATIONS EXHIBIT B LEGAL 12 ~' ~ EXHIBIT B LEGAL DESCRIPTION ROLLING GREEN RIDGE 1ST ADD TR A (LESS N 100 FT OF WLY 500 FT IN OR71OP380, ELY 140 FT OF NLY 158.64 FT IN OR883P148, W 110 FT OF E 260.94 FT OF N 158.64 FT N OR2165P1873 & WLY 449.30 FT OF SLY 786.60 FT IN OR2072P1445 CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES P~CHASE SCHEDULE FORM 13 PALM BEACH COUNTY EXHIBIT C PARKS AN D RECREATION DEPARTMENT Grantee CONTRACT PAYMENT REQUEST (Project) Request Date Billing # Billing Period Item Consulting Services Contractual Services Materials. Supplies. Direct Purchases Grantee Stock Equi oment, Furniture TOTAL PROJECT COSTS Certification: I hereby certify that ti~e above -~e incurred for the work identified as being amplished in the attached progress reports. PROJECT PAYMENT SUMMARY Project Costs Cumulative This Billing Project Costs Total Project Costs Certification: I hereby certify that the documen- tation has been maintainea as required to support tt~e project expenses reported above and is avail- able for audit upon request. Administrator/Date Financial Officer/Date PBC USE ONLY County Funding Participation Total Project Cost Total project costs to date County obligation to date County retainage (%) County funds previously disbursed County funds due this billing Reviewed and Approved by: $ $ $. (. PBC Project Administrator/Date Department Director/Date 1 OF2 PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT CONTRACTUAL SERVICES PURCHASE SCHEDULE EXHIBIT C (Project) Grantee Bil lng Dat~ Billing # Contractor Name Contractor City Check or Project invoice Number Voucher Number Amount Paid and date and date this period Billing Period General Description Certification: I hereby certify that the purchase noted above were used in accomplishing the project. TOTAL ~ . Cert~lcatien,: ~1~ he~eby-oertlfy that~!~ltab;ulatlons, exeeuted contract~?nce!led ehe~ks, a~d, other purcbasin~,de~i;~ntati~On have been ~aintained Rs reqmrea tes~ppeft~he ~osts repo~ed~above and are avai able for aud t upon request. Administrator (Date) Financial Officer (Date) ~ -' EXHIBIT D PROJECT COST ESTIMATE AND PRE-AGREEMENT COST LIST (IF APPLICABLE) Note: Costs must be for eligible project expenses incurred subsequent to March 9, 1999 2.4 EX~IIBIT D HESTER CENTER ADDITIONS & RENOVATIONS COST Note: Pre-agreement costs: N/A Cost estimates: *Design & Engineering $29,150 Demolition $20,000 Lobby $115,000 Office/Storage/Ramp/Corridor $100,000 New Storage Room $25,000 New Computer Room $15,000 New Tile Flooring $1,000 10% Contingency $28,000 TOTAL $333,150 *already paid CERTIFICATE OF COVERAGE RISK MANAGEMENT CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD BOYNTON B~CH. ~ 334.25 The City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Bo~ $10 Boynton Beach, Florida 334~$.0~10 (561) 7~-6050 F~: (561) 7~-60S4 IV-CONSENT AGENDA ITEM C.3 3une 13, 2000 Douglas P. Fulcher Sprint Sites USA East Region 1357 Hembree Road Suite 250 Roswell, GA 30076 Re: Proposed sublease from Sprint Spectrum LP (Sprint) to Hetricom with respect to that certain Lease by and between Sprint Spectrum and the City of Boynton Beach ("Lessor") mede as of August, 1996 -3600 Miner Road, Beynton Beach, FL Dear Mr. Fulcher: You asked us to consent to a sublease ("Sublease'~ to Metricom a part of the property leased to Sprint under the original August 1996 Lease Agreement (Lease). Under the Lease, Sprint must seek our consent to enter into a Sublease. This document is intended to give Sprint and Metricom that consent. Pursuant to section 10 of the Lease, the City hereby gives its consent with the following conditions: 1. The Subleased prope~o/to Metricom shall only be used for such uses as are permitted under the Lease. 2. Notwithstanding this consent, the Sublease to Metricom will be subject and subordinate to the Lease and if the Lease is terminated for any reason, the Sublease thereunder, will likewise terminate. 3. Sprint will remain the Lessee under the Lease and responsible for the payment of rent under the Lease and compliance with all other terms and "~ Equal Opportunity/Affirmative Action/ADA Enmloyer" provisions of the Lease, including but not limited to, insurance and indemnification. Metdcom shall also comply with nsurance and forth in the Lease. - ' 5. Sprint and Metdcom shal comply with all authority All other terms and condiUons of the Lease not revised by this consent Shall Signed, sealed and delivered In the presence of: LESSOR: Witness THE ~ OF BOYNTON BE/~H Florida, a municipal corporatibn, By: Title: (Printed Name) STATE OF FLOP. IDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2000, by , as the Mayor of The Qb/of Boynton Beach, Rorida, a municipal corporation, on behalf of said municipality, who is personally known to me or who has produced as idenUfication. Notary Public Signed, sealed and delivered In the presence of: Witness TENANT Sprint Spectrum STATE OF FLORIDA By: Name: Title: COUNTY OF The foregoing instrument was acknowledged before me this __day of , 2000, by , as theMayor of The City of Boynton Beach, Florida, a municipel corporation, on behalf of said munidpality, who is personally known to me or who has produced. . as identification. Witness Notary Public TENANT Netdcom Name: '[qtle: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this ~._day of , 2000, by , as the Mayor of The City Of B0Ynton Beach, Florida, a municipal corporation, on behalf of sa d municipality, who is perSOnal y known to me or who has produced as identification. Notary Public S:ca/A~mnts Spdnt Consent agreement RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONSENTING TO A FROM EFFECTI~ WHEREAS, Section CONSENT; AN and the terms of a,-lease by and between Sprint nd ........... City of Boynton Beach, Flodda, upon ~ sublease m Spring and City CITY COMMISSION OF ~ach, Florida (Spring) to .~lerk to execute said .Section 2. passage. This Resolution shall become effective immediately upon PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) S:Reso~gr~consent-Spdnt-Metrocim062200 __ day of July, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner RESOLUTION NO. R00- ZV'CONSENT AGENDA ZTEM C.4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BELLSOUTH MOBIILTY, INC, AND PROVIDING AN EFFECTIVE DATE. WHEREAS; the parties entered into an Option and Lease Agreement, dated Februa~-), 1, 1995; and WHEREAS, the parties Wish to modify certain terms an d conditions of the Lease as provided in the attached Agreement; NI CITY COMMISSION OF THAT: Section 1. The City commission of the City of Boynton Beach, Flodda ~loes hereby authorize .Amendment to and City Clerk to execute an Mobility, Inc., of Boynton Beach and BellSouth as Exhibit "A". Section 2.. This ResolutiOn shall become effective immediately upon passage. PASSED AND ADOPTED this day of July, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S;Reso~Agr~BelISouth Amd 062700 THIS AMENDMENT TO LEASE is made tNs . Ag~ement, herein by County, State of Florida, a "Property"); and Now Im m oPa , and valuable acknowledged, accruing in default under the wrms of th, reference and other its knowledge, Lease the not this Amendment and mcorpora~d herein by "Riders"). Thc Riders set forth s expressly modified by the Riders, not otherwise defined herein shall have the · er a memorandum of this Amendment, or 4. Recordation. At the request ofeith p,m~_, - .... ~-~o- ~hallbe executed · ,-. -----~.-~ memorandum or snor~ lonn t,~,.,~-, an amendment to any prewous~y ,~.on~a,..~ . by the parties and recorded in the proper recording office. I~ WITNEss WHEREOF, the undersigned have execmed this Amendment the day and year first above written. BELLSOUi'ii: BELLSOUTH MOBILITY INC., a Georgia corporation By: Printed Name: Title: Witness: Print Name:. Print Name: Witness: Print Name: LANDLORD: THE CH'Y OF BOYNTON BEACH, a municipal corporation of the Stare of Florida Printed Name: Title: Print Name: BellSouth's Initials: BellSouth Site No.: Landlord's Initials: _u~ c ~ow~'i-~,.r~,~_ ~ ,~.,~ -- . RIDER 1: MONTI~YRENTAL RATE All references in Section 4 of thc Lease Shall beand:~xe hereby modified to provide that. Effective Date, r of the current Lease term, in the Lease. BeltSouth's ~: Landlord's Inifiah: B~llSoulh Sitc No.: RIDER 2: ASSIGNMENT AND SUBLEASING Section 16 of the Lease shall be and is hereby modified to provide as follows: The Lease may.be sold, assigne~ licensed or otherwise transferred at any time by BellSouth to BellSouth's parent company or any affiliate or subsidiary of BellSouth,~to Crown Castle International. Inc. or u~A- ._Lo an £ ~ unra~d', g .. naa. ted, t0. any enttty resulting from a reorganization of BellSouth, ., . y parry agreamg to be subject to the terms and cnnaiti,,.- -~-t . ^._ rms Lease may not be sola ..... ~ ........ · - . · ervns¢ -., ~o,~u, ~ u'anszerrea v~mout t~ wnRen consent of LandlorcL ~ueh consent not to be unreasonabl,, wi*hh-~-a ....... -, .... ., um*lu, oet~outtl may sublease or subhcense part or all of the Property, and in the event the Property or any part thereof is subleased or sublicemed to Crown Crown may fmther sublease or sublicense ail or any part of the ~ to third p tenants. but in each case BellSoUth or Cro"-- t...~ ....... arty , subleasedsublicanse. ,,,*. ~=a m= case may u¢) wm provide notice to Landlord of the BellSouth's Initials: BellSouth Sim No,: Landlont's InitiaLs: RIDER 3: ADDI'i'IONAL CONSIDERATION FOR FREE RIGHT OF ASSIGNMENT Landlord's Initials: BellSouth's Initials: Requested City Commission Meeting Date? [~ March 21. 2000 [~ April 4. 2000 [--- April 18. 2000 [-- May 2, 2000 IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C. 5' AGENDA ITEM REQUEST FOR ,i Date Final Form Must be Turned in to City Clerk's Office March 8. 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m~! April 5,2000 (5:00 p.m.) Aprillg, 2000 (5:00 p.m.) Requested Cit~ Commission Meetin~ Dates [] May 16, 2000 [] Juue 6, 2000 [] June 20_ 2000 [] July 5.2000 Date Final Form Must be Turned i~ tO City Clerk's Office May 3. 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7. 2000 (5:00 p.m.) June 21. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UnfmishedBusiness [] Announcement [] Presentation RECOMMENDATION: Motion to approve acceptance of Knuth Road Construction Surety Escrow Agreement on behalf of Bill lt. Winchester and Elsie A~ Winchester. in the mount of $109.981.47. EXPLANATION: This surety is to gumantee enmpletion of Knuth Road construction. This Agreement will remain in place until completion of the roadway, or November 1, 2000, at which time the City may use the remaining Escrow Balance to complete construction 0fthe road. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Di~t'o r'cl f De-ve lom~"t~ Department of Development S:\BULLETINkFORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R00- A RESOLU'r[ON OF THE cTrY COMMISSION OF THE CTTY OF BOYNTON BEACH, WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the dtizens and residents of the City of Boynton Beach to enter into an Escrow Agreement between the City, Bill R. Winchester, Elsie A. Winchester and M. Frank Rnfrock, Co-Trustees of the Knuth Road Trust, and Schroeder and Larche, P.A. as escrow agents, for the con~buction of Knuth Road; NOW~ THEREFORE~ BE 1'1' RESOLVED BY THE CTTY COMMZSSZON OF THE CI'TY OF BOYNTON BEACH~ FLORZDA~ THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and approve a Construction Surety Escrow Agreement between the City of Boynton Beach, Bill P,. Winchester, Elsie A. Winchester and M. Frank Rnfmck, Co-Trustees of the Knuth Road Trust, and Schroederr and Larche, P.A., Escrow Agents, a copy of which Agreement is attached hereto as Exhibit "A". Section 2. The Mayor and City Clerk are authorized and directed to execute said Agreement. Section 3. This Resolution shall become effective immediately upon passage, PASSEDAND ADOPTEDthis day of 3uly, 2000. CZ-FY OF BOYNTON BEACH, FLOI~DA Mayor Vice Mayor I~layor Pro Tern Commissioner Commissioner City Clerk (Corporate Seal) 85/10/08 09:56 SCHROEDER ~ LARCHE, =,A. ZV-CONSENT AGENDA ri'EM C.5 KNUTH ROAD CONSTRUCTION SURETY ESCROW AGREEMENT This Escrow Agreement P.A. "Escrow Agent" RECITALS B. the has man,&ted that south -of ~st is the sou~west corner of real property located on of Boynton B~ach as ~escribed on C. The City of Boynt0n Beach has imposed upon the Trust Property =he" obl igation toi',~c~ns~ct Knuth Road from its pre~ent terminus south of Boynton Beach B~%~levard to the south s~de of L-25 Lake Worth Drainage DistriCt Canal in accordance with p~ans an4 :ions for by Shah, Drot0s & Associates date hereof (UTruat Phase'). D. Palm Beach construction of Knuth Road ~redit .agai~s~ t~affic impact~fee~YWh~ch w0u~d 0~herwi~e in con3unc~ion wzth the deve%opmen~ of zhe ' of ithe E. Applicable regulations of the City ~equire that.prio= to commencement of cone~ructzon of ~he rOad~ suitable bond or O~her surety must be established to'insUre completion of construction. F. ~n accordance with app,%cable regulations of th~ funds contemplated hereby in a~C~rdance herewt~ constitute compliance with the Ci with respect to the to G. Trust intends to enter into a contract with Ryan Incorporated, Inc. ("Contractor")fDr the construction.of the Trust Phase of Knuth Road, a copy of which Contract is attachedhere~o as Exhibit "B". H. The parties have agreed =o enter into this aGreementtto confirm (i) that the del~ry of the Escrowed Funds to the EsCrow the condition and requirement of the Citylof Agent shall satisfy . Boynton Beach for bonding the cone=ruction of the Trust Phas~iof 0010-056 Page 1 of 8 P~. 83 05/10/00 09:56 SCHROEDER & L~RCHE, P.A. NO.B~2 D04 Knuth Road; and (ii) the terms and conditions under which the Escrow Agent shall hold and disburse the Escrowed Funds. NOW~ THEREFORE. in consideration ~o£ the covenants and conditions herein contained ~ and other good and valuable one~deratmon, the re.ceipt and sufficiency of' which are hereby acknowledged, uhe parties agree as follows :.: 1. ~. The Recitals se= forth above are true and cor~ect~. to the construction :of de~emed satisfied by the Funds £n ~ccordanue wit the sum of $ __ the costs of Dy the Contract (the -_--- : :- _ Funds~i ~e ~s~wAgen~ shall s~ disb~se ~hem strictly with the A. The draw requests at t~e be in a gorm ±Cemize ~ which 9ayment is ] The City shall cause the work f be Ifth~ is so a copyto be is the incumbent tO ! :, the inspector and Contractor a. col~fof the has. been to Contractor Ugon futl and ,Phase and construction thereof.by an .~nt, C~Cy of been provided authorized to 0010-056 Page 2 of 8 M~Y 3.0 'BO 10:3~ 5612411~98 ~AGE. B4 05/10~80 09:5~ SCHROEDER ~ _~-RO4E, P.A. N0.0~2 Q05 pay to Contractor any ~mounts::due and ow=ng Under the~final draw request~ together with ~hebndlsbursed ten (10%) perce~t retai~age. E. the its this upon (the or all ~ letiOn ? to the of shall not ~ chaz~jed the the the have 0010-056 h~Y 10 '~ 10:~2 Page 3 ~f B ho. liability in the event of a~y. i~solvencyof any depository, failure of any depository to pay in%erest or other earnings on sums deposited or should such depository fail, or refuse to release sums de.posited pr.delay in. the release ~rdSsbursement of same, it being undereCood',that Escrow Agent's Sole ob~iga~ion zs to, deposit the funds in an interest bearing a¢coun~ and ko authoriae die~nireement therefrom in accordance with the provisions hereof. In the Escrowed Funds or any other here.un,.er, which, in its sole provision o~ 'this ~reement, refrain from=aking any i~,w~.iting a court Of' sum8 o~ uncertain as to instructions, to ~the r be held any to or just of are the the zn the or or may ,Agent the the in G. In =he event lawsuit by virtue of the Funds, Esc=owAgent shall of the appropriate court. the , as a Rar~y to a H. In the event of a dispute regarding retention or disbursement of the Eacrowe~ Funds, ~he Tr ~he ( ! may initiate anaction demanding ~nterplea~er. ] shall not initiate any interpleade~ or similar a event Escrow Acje~t tenders .the Es.~°wed Funds to the appropriac~'courU Escrow Age~ shall be r~l~ ~rom 0010-05g Pa~e 4 of 8 05/10/00 0~:~6 SCHROEDER ~ LARCHE, ~.R. N0.04~ ~07 ~connection ~ere~th. an~] un=il ;-i='~ is 0bligati~n ~nd liability her6under or in any ~,For Escrow Agen=: GLADES ROAD EATON. FL 33431-7315 ~o a and any in ting =he 0010-056 Page 5 o~ 8 M~Y 10 '00 1~,~10/00 ~9:56 $CHR~2EDER 8, LRRCHE, P.9. NO.~42 DOG For =he THE ¢IT~_~ I BEACH c]~ CITYi OFFICE P. O. BOX 310 BOY~FION B~CH, FL 3.3425-0310 ?. ~.~oiue 9~.L~w. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 8. Bin~Ln=Aereemenh. This~.A~reement shall be bind/ngupon the parties hereto and their respective successors and/or assigns. 9. ~oux~texl~arts. Thi~ Agreement may be executed in counterparts and 91! counterparts taken together shall be deemed one and the same instrument IN WITNESS WHEREOF, the parties have executed this Agreement the day anti,ear first~above written. CIT~ OF ~Y~ON BEACK, FLORIDA By: Print Name of Person Signing Its: SCHR~ED~R AND LARCHE, P.A. (Escrow A~ENT) Its: President KNUTH ROAD TRUST DATED NOVEMBER 1~, of The Knuth Road Trust Dated as of November 15, 1996 Elsie A~ Winchester, as Co-Trustee of The Knuth Road Trust Dated as of November 15, 1996 0010-056 Page 6 of 8 :Joine~ in .and C~nsen~ed to by: :i Its ~ 0010-056 Page $ of 8 5G1241B'*'/g8 EXHIBIT "A" TRUST PROPERTY Lot 2, KNUTH~ROAD P.C.D. PLAT NO. 1, according to the Plat thereof as recorded in Plat Book 82, at page 45, of the Public Records of Palm Beach County, Florida. (J: \~ \ CLI~/~TS\WINCHEST~%LRD\EXHIBITA. WPD) 14J97 ~'OI i'ION EXHIBIT "B" AIA DOCUMENT A101-1gg7 Standard Form of Agreement Between O~ncr and Contractor A G R:I El4 Ill ! IrillOf ~lt ~ 2OO0 tin nn~ ~l.~t~ Bill R. This ~ff~q'~t hAS im~r- rant lellSI ~s. BETWEENthe~ Pose Office Drawer 1240 BoFaCon Bea6h, Florida 33435 Telephone: (561) 73:2-~961 Pacs~uaile: (561) 732-39193 '1o~ 33~2 AIA OeGJmlflt A~01-14J4JT, G~rnfal ~iflcms ~ the C~mrKt far CQmmJCfiOn. is ~l~! in d~s document by unhtss rh~s docum~f iS Associates OWNeR-CONTRAlTO -~ The Owner and Contr~tOr ~&RT[CLE 1 THE CONTRACT OOCUMENTS The Contr'4ct ~fJ Consist Supplementary · s if &ttac.hcd to this integr3ted tram o[ alteemenU, eig~. V~Jtte.n. 01an Modifications, appear3 in Aztiel~ &' I Iof the Contract (C, enes~l. ~ddenda issued prior to s issued the entire ARTICLE 2 THE WORK OF THIS ARTICLE 3 DA'T[ OF COMMENGEMSNT AND SUISTANTIAL COMPLETION ........ '__;-':_--- ---- e_T -- days followin8 issuance by City of Boyn~on Beach of permit for the ~ork. !t~: p~ior to _t~e ~ommenc~nent Of the Work. the (:~n~ mquize~ time to file ~c s I~ens end cdJ~ s~urlty ~ ~be Ovnw'a Ume m~nent shall be ~ ~or~. mech~n- N/A 1.2 The Contract T~mc shall be meaSu:~ ~om the d~e of~ommencement. The Comrl~.or_sblg. Ichleve .S~m~Lt~i C~mpletinn of ~ ~tim ~k not later th~ ~;~; ~ ~ ~ ~m ~ ~ of ~m~ent. or u ~: . . sub,ct to Kljustmet~ of t~i~ CQntrKtTime a~ Provided in tbs Contract Documents. AIAOQC?,/NENT&IO~I~J7 OWNgR-CO#TRACTOR ol A~J~u~s t/~ Ne~ ~ x~e. N.W. ARTICL~ 4 CQNTI~ACT SUM 4.1 subject to additions 4.2 None for ~ Contr~tor's ARTI~,,E $ PAYMF. NT~ $.! ~_~_~N%I~4[Xl~ * There shall be made fr~ the Const~ction Escrow Cenffi~t~ ~ ~t ~ ~ ~ ~ ~. ' - - -~ ~ ~U on a~nt o~ ~ Con~ ~ to ~e ~ ~ ~ ~d e~ in the ~nt~ si2 The peflod covtmt W e.a~h Appii~tiou for Pa~nent shall be o~ ~atendar mon~ endinI on the tm d~y of the month, or as fdiow~ /Subject to the provisions of the Constructlon Escrow, . S.i.~ Pt~,id~t that en Application ~ [~t.'~ ~ ~ ~ ~ ~t n~ later ~m.~all ~ ~Oft~~~ent to~e~n~~ be made later ~n tbe ~ ~e ~o~ m~. I[m merit shall bt ~ lsydlM-O.~umu-not later than da~ ahtr the Architect receives the Apphtttion for Payment. 5.1.4 E~'h Application for Ptyment shall be hued on the most recent schedule o(v~lue~ submit- ted by the Contractm m .ccA_rdtn~e with tbt Contr~t Do~um~nU. The schedule of values shall allocate the entire Contra~t Sum among dee ~arlom portions of the Work The schedule of shall be prepared in such form and supported by such data to substantiate its ~ccurac'y ~'chitect may requsre. This Kheduk, urdeis 0~jec..,,'d to by. the Architect. shall be used ~s a bssis for re,,i~in$ the Contractor's Appl~tions for Payment. OWNeR-CONTRACTOR AGREEMENT 1735 New '~ork $.1.S ADplic-,tions for ~?mem shall indic=t~ ~e Ix~:~ntlSe ot completion' of e~ch Porti6ri o f ~he Work ~ o~ the end of Lhe;pcticxt covered by. ~he ApPllc-~don lot P~ment. 5.1.7 .. nullia,d · Ce~ific~t~ sufficient to inc~-ue the total p~- 5.1.8 r shatl and satisfaction of the app progress payments or final payment) to upon Contractor's compliance with ble requirements of the Construction Escrow. S.l.t E.~ept with the Owucr's prio~ ~-~q3~4L the Con~'~tor sh&II not. m~ =dv'4Ace l~yments ~o suppliers for materials o¢ equipment which ha~e no~ been delivered ~nd stored at the site, -" S.2 FINAl. PAY~[NT S.2.1 Final payment, constitutin~ the cntire unp~d ~lince of the Cont~ S~, shill ~ m~ ~ to the ~nt~t~ ~en: .z the Conjuror h~ ~y ~ed the ~mr~ ~ept for the Cont~or2 ,fy to c~ Work ~ ~,~ in 3u~lmph za.L: of A~ ~nt ] ~ final C~aific~ ~or P~m~ h~ ~n ~ ~ ~he ~hi~a. 3. Con~raccor has iully complied ~i~h ~ha requirements ............ ~ ...... MA D~'"I#4IIIT Alii-Itt7 OWNIR.CONTRACTOR AGREEMENT of $.2.2 The Owner s fiflal p~. ~v~.mt to the ,~ontraG~r shall be made no later~than ~o clays ~ftcr th~ ~s~uance oft~e~ Archlt~t~l~J C~Z'~'~ ~M' ~* ~ ~S ~H~V~. in, accordance with ch_e L2 A~o~-~97. ARTICLE 7 7.! anode* Contract 7.2 ~uem at the B~il R. Winches~er Conu-~c's repmenmive b: and ~ M~n~ldon) ?-I Neither t he Owner's no~ Ihe Ca~m'Ktor's mpmseltativ~ shall be changed without ten da.rs' written notice m the other pa~y. 7.s Othe~ pFo~sionE mA D~CUMif~ Aim*!~''--~ OWNER-CONTRACTOK~_. AG~S[MENT J735 ~ew M A~m~. N.w. ARTICLE I ENUH~RATION OF CONTRACT DO~UHENTS A.~r¢cment. ~e enumerGl~[ Gs 0.1.1 The AgrEement is this ex~cmEd WW Ecligion of the Standard Form ot'Asttement l~e~ween Owner md Contractor. ArA Dog, merit Alot-t99y. L~ 'fheGener~lConditioma~th~:ffTEditionoftheGEn~alConditiomoftheComr~ct for Construction. AIA The Supl~.ment~,. ~d othez C~ditlom of the Coatr~'t are thee contained in the Proiect Document T'~k Pa~es N/A and a~ u (oGow~ $.t$ T~e Dr&win~ ~e ~s ~dlow~ and L,e d~!~,~ different date is shown b~low: ¢Z/thff li~t ~,¢ ~/Nm or rqa, ~ an m~i~/~ mmclm/~o t;~ ~.j unle~ a Number Shee~s Of 1-13-99 MA OQCIJMEIITAIGI-lt'~7 OWNeR-CO#TRACTOR AGK~£M{NT Numl~r Dile ~"s N/A That cerCa~n KnuCh Road Construc~ion Surety Escrov A~reement among Bill R. ~inches~er, E[s~e A. ~chesCer and H. ~rank F~nffroc~, Co-T~s~ees o[ the ~uth Road T~sC da~ed as o[ November 15, 1996, ~he City of Bo~on B~c~ ~d Schroeder and Larche, P.A. (the ~ "Const~ction E~ow~)~ a ~v_of'wh~'~t~hed as ~hibi~" A" Notwithstanding anyth~n~ herein to The contrary, thisA~reement is executed by the Trustee~ of ~he Knuth Road Trust only in their representative capacity as Trustees and not individually and all other parties to this Agreement knowingly, voluntarily and irrevocably waiv~ the right to assert or enforce any cla/m of personal liability aga±nsC the Trustees, or any of them or their assets. This Asreement is ent~ed ~to as of the dw ~nd .year 6rst v~tten above and is ~ ~ ~ le~t three od~nal cope~ ofw~ch oGe h t~ be dd.ivm'~d t.o the ~ou~c~r, one to Se ~.'~ for use in the aChninistritlon O( the ~ ~ the ~ tO tl~ Owr~r. See Attached Signature Page For Owner EASTERN OWN[R.CON~'~AC?OI~ O.C. KNUTH ROAD TRUST DATED NOVEMBER 15, 1996 (TRUST) ~ usage of The Knuth Road Trust Dated as of November 15, 1996 Eisie' Ai Wih~h~s-t&'~',~Co=Tfusnee Of-The Knuth Ro~d~-T~st Da~ed as of November 15, 1996 (J: \7\CLIENTS%,WINCHEST\EBDEVELO\SIGNPAGE.WPD 0010-056 D5/01/00 sj ) ARTICLE I GENERAL PROVISIONS 1.1 ~ASIC Dlr F/NITIOI~ t,1.1 th¢~ Ag~ement ), , ~ other Conditions), execution of the Contract, other documents of the Contract. A M~i~fion in ~e Work ~ued ~ and .ntitled intended to f~ilime s ~ervices ~ ~ to be provided by the Contr"~-tor to fulfill the Contra~tot's obligations. The Work rr~'~o~tUte thelwhole or a t~ o~ the Project. 1.1.4 to~al COmm~'tion of which the Work performed under the Contract pe~ and which may include construction by the Owner or by 1.1.5 mi DRAWI#G$ The Dr~ ate the ~ &nd pictorial poKiom of the Contract D<x.'~ments shc~ring the c~, l~oti, and dimemtons of the Work, g~.mlly ~nclndir~ plans, ck,~tio~, sections, 1.1.G THI ~t~iRK~l~iS The Specifications ~ ~ ~on of the ~ ~en~ ~mist~g of ~e ~t~n r~mre- m~ for ~s, ~h ~ ~ ~ ~r~hip f~ the w~. ~ ~rfor- m~ce of ~c~ 1.1.7 :- - . -- 1.2 CORRELATION AND INTENT O~ mi CONTRACT DOCUMENTS 1.2.1 The intent of the Contract Documents is to irglude all items necessary Eot the proper execution and comple~ion of the 'Work by the Contractor. The Contract DocumenLs are GENERAL CONDITIO of THE CONTRACT CONSTRUCTION complementary, and-whal is required by one shall be as biz~gin$ as if r~uire~i by all; p~rformance by the Contrzctor shall be requil~d onl,/to the extent consistent with thc Contract Documents snd reasonably inferable from them as being necessary to produce the indi~led:r~sults. 1.2.2 Org~lil~tioa of the SpeciJ~cations into divisions~ sections and articles, and ~Tangcment of Drawings shall not control the Contr~tor in dividing the Work zmong Subcontr~:lors or in est, zblishing the extent of 'work to be p~ i'ca~med by any tr~e. 1.2,3 Urllesa otherwise staled in th,, Contrzct Documents, words which have well-known ~ontrKl Documents in accordarme'..- 1...1 !,3.1 Lhe documeat Imtiwte or Amhitecu. GENERAL CONOITIONS Of TH~ CONTRACT FOR CONSTRUCTION 1.5.2 Execution ~ the Contractor is i has visited is to be 1.G.1 record equipmem, without the Comr~ OF DRAWINGS. SPI~CI.FICA.TION5 AND i~IREIL~ INSTR=UMEN~S . , ,, '-%... **.~.-.%. '~ . Iher tse in the eXeCution o~' their Work unc~r the Contr~'i Documents. All copies m~de under this authorization ~h&II I~ar ~, shown on the DraWinss, ar for o~r. purposes in such which are s~al! exercise shall be services. ~ror OFTH( CONTI~J~CT CONSTRUCTION ~.cordan¢¢ with the Contract Documents, the Owner may zssue a written order to the Contractor to s~op the Work. or any portion thereof, until the cause £or such order has been eliminated; however, the right o{. the Owner to stop the Work shall not sire rise to a duty on the part oft~e Owner to exerCis~ this right {'or the benefit of the Contractor Or any other Person or entry, except to the' extent required by Subparagraph 6.z.3. OMfNgR'$ ~GHT TO CARRY OUT TH[ 'SVOI~K Wonk the from ~ ) co~rect ~epresentat/ve. 3.1.2; ~ 'l:~e,~C..0~or shaiLl~'~ ,~..~, ~th~ work in~ord~nce with the Conttl~ Dooiments. to perform the W~xk in n the Atchitt, ct'$ 'or .~erformed by GEN~RAt, CONOITIONS OF TNt CONTRACT FOR CONSTRUCTION ~.~.-~ D.C. 200~-$292 3.2.2 are not for the Documents; the Architect may require. shall : in the ~ professional unless ~ known to the 3.2.3 IF the Contractor believes that adciltiona| cost or time is involved becau~ oF cial4ficatiozls - or instructions issued hea~ I otto a~ter or in the G~N~RAL CONOITtO~ OF THE CONTRACT FC~-'~ ' CONSTRUCTION M AKhitec1~ Docum~ms. W~rk not con~'ormin$ to these requirements, indUdin$ substitutions_ n~ p~dy rem~y [ord~ or ~t ~d ~ a~s~ m~l~caUons no~ executed by the Co~tr~t~, lmpm~r o~ in.ffleant m~nan~.,lmpw~r o~rat]o, or no.al w~r a~ ~ar a~ norma ,~. l~ ~ the ~ht~. ~R~m~or shaR,i~r~ sa~ct~ evld~cc ~ to the ~ a~ ~lity o~.mate~a~ ~ e~ipmem. · ~.~ ~e ~n~t~ s~l ~ ~e~ c~mer, u~ ~ simi~r ~s, ~or ~e W~k pr~ ~ the Con~a!i~ w~ ~ ~ ~ when bi~ a~ r~ or n~a~om condu~. However, ii' the ~tracto~ ~ that portions of the Con~ract~ ~,~e .t ~riar, ce therewith, the Contractor shall promptly notify the Archilect and O~ner in ,mitln~ and necessary chanses shall be accomplished by ap~, priate Modification ~.7.4 lir the Contractor petforrr~ Work knowir~ it to ~ ~fl~8 ~. ~ ~ ~ ~g~atiom ~th~t such nmice Con~t~ sh~ ~me appwp~ate ~s~bi~ty att~ta~e to co~o~ the costs 3.~ ALLOWANCES 3.L1 The Contractor shal! indude in the Contract Sum a~! ~owa~s s,.t~ied in.the Co~u-~ct Docume~, t~.~!tem~ cove~i by allowaaces shall he supplied [or s~ amou~ ~ by such persons or entices as~th( Owner may ciL, ect, bu~ the Contras'tor shill not be,~equif~"d to employ persons or entities to whom the Contractor has reasonable objection. . Llrde~ otherwise provided in the Contract Documents: '- · · .t allowances shall cover the cost to the Contractor of m~t~ a,~ equipment delivesed at the site and all required tax~, lets applicable trade discotm~ .2 Comractors costs for unloading and handling at the si~, lsb~t, i~taliation costs, overhead, profit and other expenses contemplated Iror],~]_~ aHc~nce amounts be included in the Contract Sum but not in the allowanCe, si 3 whenever costs are more than or le~s than a!lowanCes.~ t~he C~n. tract Sum shall be (0) the difference between actual costs and the allowances unit Clause $.$.~.1 and (z) chanscs in Contractor's costs under Clause }.8.a.a, 3.8.3 Materials and equipment under an allowance shall be seiected by Lhe Owner in sufficient time to avoid delay in the Work. 3.9 SUPI!RIN?~NOtNT 3.9.] T~e ~:)~t~actor shll! who ~tbmit for , Tbe the the' most recent be speci~[y p~'ec~ ~o~ the man~faczurer, s~pplier or l~-t'form~-,e~ chain, instructions, the ContraCtOr to illustrate ma~-r~als or .~uipment or workmanshi p and besoi ~.12.S The ( submit to ~ are not Contra~t portions of the Work for ~be way by which the Con~'actor .he Contract the Contncl ~N~AL COHO ~O~ Of CONSTRUCTION th~ ~ontr~t D~ument~ ~ppr~ ~. Sam~ a~ ~imilar ~bmitta~ te~i~ 1~ ~ ~. N.W. the Contr~ Documents ~th reasonable promptness and in such sequence as to caus~ no del~y b~ the W~k or in the ~li~ti~ of ~e ~ner or ot sepan~ co~t~ctoo. Submittals w~ch a~ not m~ ~ '~i~d ~r compliance ~th the Contract D~ments an~ approv~ W ~¢ ~t~ct~ may ~ retu~ ~ the ,~tect ~thout action. 3.17.~. By approving ~ rdbmittin8 Shop l~'awinss, f*~oduct ~ta, 6~pl~ ~ simil~ s~e~t~ the c~mr ?epr~ts that ~he Com~a~or h~ ~te~in~ ~ verifie~ mat~ ~eM m~enu a~ ~d ~nst~ipn c~te~a ~at~ the~ ~ ~ do ~, ~d has ~e~ a~ ~t~ ~e info~afion ~n~ ~th~ su~ sub~tta~ ~the re~r~enU of ~e ~ ~ oF the ~nt~ ~ments. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 3.12.10 The ( nat be which by to.~rov~de ser~ce~ oz $ ~d otbe~ related to the t~e Azchitect other the 3.13 USE OF Sl?~ 3.13~1 m,'~teria[$ of ectuipmem. of the unWss such , them Suc~ roblig~.tiOn shz|! not b~ GENERAL CONDITION' .... OF THE CONTRACT FOR 1~S Hiw YoW Avast. N.W. a.2.4 Communicatiom l~:ilitatin$ Contr~:t Admiajstt~tioa. Sxcept as other'.vlse provided in the Contract DOCuments or when dirac! communications have hen specially authorized, the Owner and Contractor shall erldeavor tt~ coramumcate with each other through the A~hit¢ct about caatters arising Out of or r~iati~ to ~be Coatract Communications by and with the ArchiteCCs consultants shall be through the, Azchit~ct. Communications b~ and with Subcontractors and material suppliers shall he through the Contractor. COmmunications b~ ~ with separate cootractors shall 1~ throush the Owner. Payment, the will i~.~e Cer~ificatas for that does not conform tothe ~' ~lvis~e~ the Avchltect ~il have Work in accmdance with Subparaf, raph$ z~.~ and ~7 under upon !.he means. Dtrectiv~ and may 4.2.10 ] iate"or xiates of Substantial the'Owner, for the r lite Contract wRI provide one or more pto~ect duties. be as set forth in .MA DQCUI4tlIT K,~014~7 G~N~RAL CONDITIONS OF THE CONTRACT FOR o~ .d~kOK~s ~S ~ ~ *~ N.~. The .~rchitecI's response to such requests will be m~ in writing within any time limits upon or olh~rwi~ with r~i~onable promptness. If no sgreement is made concerning the time within' forra of r~nd !to make s justified, to 4.3.$ Claims for Additional Caat. If the Cont:actor wishes lo make Claim For an increase m thl Contract Sum. written notice as pmvkied herein shill be ziven before proceedin~ to ~xeCute the Work, Prior notice is not required for Claims relating to an emergency enclangerin$ life or properly arLsing under'Paragraph lo.6. 4.J.a iYthe to t ~:a$om including but not limited (:} an order bY the Owner to Stop the Work order fOr a minor chazise in the Work issued O~aer. (~) termination of the cOntract by the grOUnd.s, Claim shell~be flied in 4.3.7 CLAIMS FOR ADOITIONAL 11HE 43.7.1 If 1 !, written e o( co~t a~contia ,ui~ ~I~x on~ one fort. he fffect on ~he 43J jury or ~ others ~ror ~r or the othe ~ investigate thc prices to quantities of Work Contractor, the applicable Unit prices 4330 This Kcord~c~e 4.4 4.4.1 A~chitect and Owner waive Claims a~aznst to this Contract. This mutual for losses of use, income, profit, of manaSement or employee office the to either in error or omission by the xo,~, shall be refen~d the Architect shall be requited as a AJA~CUI41NTA3~I,I~7 GENERAL CONDiTiONS Of THE CONTRACT FOR CONSTRUCTION IT$S New 'v'odc Avenue. N.W. Wanigan. C),C. condition precedent to mediation, arbitration or litisation of all Claims between the Contractor_ .- and Owner aristas prior to the date final pa, rrnent is due, unica,, ~o days have passed after the tl~e .~chitect. the Owner. one t orseek Who mar authorize subject to the ~J~ OOC',H4ENT ~i0T-19S7 GtNERAL CONOITIONS THE CONTRACT FOR 4~S the Owner the such Claim aesthetic shall, ai~ter subi¢ct to mediation a~ a condition prec~ienl to arbitratwn or thc instztution of legal or equitable procee:lin8s by either party. 4.$.2 The partie~ sha!l endeavor to resolve their Claim· by mediation which. ~nle~ the parties _m~u.~al!y a..g~ee o~he.r~nSe: shall be in ~o~ ~th~the ~nstm~ion I~a~ M~ia~ion ot the *me~ ~t~fion ~ati~ ~fiy ~ e~. Requ~ for m~iation s~ll in w~ ~th the ~ber ~y to the Contr~ and with the ~efican ~bitration ~iation. T~ ~ my ~ m~ con~nt~ with the fl~ of · d~a~ [or arbitraion ~t, in ~ ~ ~ ~ed in ~n~e of ar~trafion or legal or ~uitabie preenings, which any court Out of o~ ~a~_~ to the Contract, except Claims relatin8 to aesthetic and:~to.r~ ~halL diet of the Claim to the Architect. be subject to resolve disputes by mediation in arbi~ratior~ parties r a.-bitra~ion 4.6.3 ir~ubstaniiai. hall be made within the time limits specified in Subparagraphs within a reasonable time after the Claim ha~ arign. lo arbltxation att·lng out of or rehtin$ to the any otbet manner, the Architect. the written consent cOntaining specific ~eference to , Contractor and any other petson~ or entity , cor~olidation ot jolnder or m any other . Contractor, asepi~ate contractor a~ described in A:ticie & a common question of fact or4aw whose p~e~ence Ls · tO be ~..oeded i~ adTitration. No [:~on or emity other than the nciuded as .an p~rty roan arbitmlon whose ime~est or responsibility is aa additional person or entity shall not constitute Claim not dascn'bed therein or with a pe~on or entity not named or and other agreements to atbit tare with an the ~greemem shall be specifically ~ thereof. AL4, DOCUMENT A2OI-~¥J 7 GJ~ NIERA~ CONDITIONS THE CONTRACT FOR I~J ~ ~k A~ N.W. Claims and Timely A~,sertion of Claims. The parxy filing a notice of demand for ar~it,~tion met a&ser~ in the demancl all Cl;Jm$ then known ~o t. hat pa~y on which arbitration l~rmi~ted to be dcm~led. any COurt 5.1.1 5.2 r not the of no ' ~5~2 4 A/A OOCUMIJn M GE/41fRAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION of Arr, hi~eCls New YOCk Awflue. NJW. Washinlson, D.~. 20(X)4-5252 of rt.l~ in thc has acted if thc the of the Subcontractor's Work, which the Contractor. by the~ Documents, assumes toward the Owner and Architect. Each sul~ontra,'t agreement shall preserve and protect the rights of the Owner and - .~'chitect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the 5,u, bco~tracton un, less spec:i fatally provided other~se in the subcontract agreement, the benefit of a. ri&nt$, remedies and redrees against the Contractor that the.Cont;..actor, b~ the Contract ..D,.oc~ments, has agains..t the Owner.~Where appropriate, the Contractor shall require each subcontr'~tor to enter tnto similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor. prior to the execution of the subcontract meat. copies of the t t ~.4A S.4.2 mo~e than ,jo days. the ~rom the ARTICLE C(~ITP. ACT$ portions of the Contract to insurance and Ls involved because of ~s provided in Paratraph 4-3. t.1.1 W~. n ~epara~e Contracts ~ awwtcd for ~t ~gions of the ~o~ ~ other ~ sh~:,m~ ~ ~n~ ~ ~ ~ch ~a~ ~cr~ntra~or ~r~ment. &1.3 T~he of ~.,'1 6.1.4 performs ~ the Pmiect ~ a,,n ~o~ces~ the Owner ~hall be same obligations and tO have the same rishts which apply to the of the Owner's Own fo~c~ and a~;~a hah c~te ~ them. The ~ Lhe ~er ih r~n~ theft ~ a~ r~o~ to the ~ ~ the Contractor, ~p~ate o, o e; ., A · GEN[RAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION N.W. D.C. --27:'~-- S292 Contr~or under the Conditions of the Contrzct,' including, without ex}luding o~.hers, tho~e stat~I in Azti¢le $ this Argcle 6 and Articles ~o.. and of their AIA DOO~M~NT GE NIERAt. CONDITIONS os THE CONTRACT FOR rr~potm~oilities for ~utting · ontracto~ and the'Owner as to the the ARTICLE 7 CH~GE$ IN,THE'~WORK 7.] Directive or order ~or a minor 7 a-'~ elsewhere in the Contract agreement among the L-Xvt, er, Contractor ami r; an order for a minor ~in the Work may be 7.1.3 I I ~ of the Comrac~ Change Directive or order~for · minor chang* 7.2 C~ANGE OKI)ERS 7,2.1 A Change Order ~s a written instrument prepared by ther ~tect ~d signed by ~ ~er. Contractor a~. ~itect. s~t~8 their a~ent upon all,of ~e~ following: .~ c~t i~ the Wor~ r .~ lhe ~ount o~ ~e edj~tment, if ~% in the ~ntr~ Sum; and ~ the ~nt of the ad~t. if any. in the ~n~t Time. 7.2.2 e Contzact Sum may include those listed 7.11 7.3.1 CONSTRUCTION a4ANGE DIRECTIVES pre. pared by the ArChitect an~ signed to,agteemem on ad_j~L~ment, if by Construction Chaise the general scope o~er tevisions, the Conlzact Sum and 73.2 ~-ement on the 7.t.4 the Contract'Sum, upoz~ p~t~es am~ a 'mutually Directive; the Contractor shali pmmp0y proceed e X Of the COntractor's agreement or Comtruclion Chan~e Directive for 73.5 indicates the q,~eemem of the Contract -time or the method sh~ be recorded as a 7_t.6 i~ the( such this method for adjustment the :ontract. or shall ~u~ep and present, in appropz~ate ; for the purposes of following: ~ciud~8 cost of ttamportation~ whether pment, exclusive of hand tooL~, whether rented from OF TNI~ CONTRACT FOR CONSTRUCTION ~S ~ ~k A~ N.W. · ,~ costs of premiums for all bonds ~nd insurance, permit fees, and sales, use or similar taxes rehtcd to the Wor~: a~d ~ additional c~s~s,o~-sUp~ri'igion ihd' fiekl office ~r~n~] dxrectly att~butab e to ~e chan~e. 73.7. The amount otrcredit lo chtnse which re~hs in a net decre-se lathe Cont~t i~ in · ~ge, ~e deletion or of n~t iH of LL.~ ~e I AIA OOCUNSNTJ~014~7 OEN'r RAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION M Arch,eKes 8.2;2 theidat~ clefin~l, shall mean calendar day unless of the Contract. By ~easonable period Owner in date of inzur~¢e~ Unless ~roc~ ~,iven by. the Owner. the Contractor shall notify the Owne~ in wtit~ not less thaA ~ve days or other- asteec[ period before commencing the Work to permit the time~/filinG o~' morgages, mechanic's [ie?s and other' secu:ity interests. 8.2..t The Contractol t ~uate foKes a~d shall achieve u '.O~tAYS W/mENSIONS oF ~JME ; Ozder shah be made in aaoKlan~ with' applicable l~wi~ions o~ AnT~CLE S PAYIW[NTS AND COMiq. Lrrlo# F by either party under authot~nl adjustments, is the , ~m' performance or'the:Work under the ContrKt~r ~'tall ~ubmit to theAtchitect a ln'~red in ;such fbrTn and l~e Architect may requit~ ~hls ~:hedule, uaed as a basis for revlemn$ the Contractor's payment, the Contractor :ompieted in shall be nota~zed, if requi~ed, and Contract°t~ risht to payment as the Owner or t requeats t'or payment on authorized by ~C. onstruction' Change t not yet included iN Change Orders. for. payment for portions of the Work for A~A Dq~'UNIilY GENERAL CONDITIONS OF TklE CONTRACT FOR CONSTRUCTION i735 N~w York ~, W4S~'nl~a), D.C. 2Q(XX-5~2 :ora l:to ()pinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting fzOm acts and omissions described ~n Subparagraph 3~t.z. because of.' .~ defective Work not remedied: -~ third party claims, filed or re,~onable evidence inciicatin$ probable ~ling of such claims u~less security ~acceDtable to the Owner is provided by the Contractor, .5 fa:lure o~ the Contractor to 'maJqe-pa.vrnent. s properly to subcontractors or for labor, materials~ot equipment; .e :euatuhle e~fence that the Wort: cannot be completed for the unpaid balance o£ the .s Owner or a~other contractor, ' 9.6.1 · the , the Owr,~shall make payment in Document~. and shall so notify the ;rom the vquire each if practicable, information the Contractor and action t~ken the W~'k done by such ' or ID See to the payment 9.6.5 ~ in ~ manner similar to,that provided in - 916 ~C e or occupancy of the ~-ith the Contract 9.6.7 the money t¢ bi'each, of ~e. reqmr~e~Je,GLs of' Lhi, s provismn. n the F..fl! penal sum o[ tho~e Subcontractors or with the contained heroin shall requtre commingled with money of the CDntractor, e Contractor for breach of Lust against the Contractor [or \ GENERAL CONDITIONS OF TH~ CONTRACT FOR CONSTRUCTION 1735 ~ ~k A~ wa~ D.C. g.7 FAILUR~ OF PAYMENT ContraCtOl ~ont.~a~t CONDITIONS CONSTRUCTION of the Work Contractor. ha¥~ agreed in wrking concernin$ the Per~od for cor~cLion o~ ~he Work ~ comme~em~m oF- wa~mi~ requi~ ~ ~h~ Con[~ D~m~n~ ~n ~e Con~r~tor consider~ ~ portion substant~y compile, ~e Con~ct~ sba]~ p~pare ~ submit a ~ist to the ptov~e~ unde~ Subpa~taph ~.8.:. ~nt o~ the CoPilot to ~a[ ~cupan~ or not ~ un~nabiy winced. The ~a~e o~ ~e p~ o~ ~e Work ~aU be ~e~in~ wttt~ as~ment ~t~en the ~net an~ Contr~ot or, if no agreement ts of the ~chke~. of the ~Vork. o~ to : wkh the requirements of Se 9.10.1 entire balance found.to be due the ArcM~ect's ~.nal Certificate ~ Subparagraph 9.~o.2 until the bills for materials and the Work ~or which the Owner or ~he Owner's Owner) have bern paid by the Contact in effect and will not be canceled to the Owner, (~) a that the insurance w~l not e(her data establishln$ payment or ~ az~d v,'aNem of lien~ claims, s~curity mtere~t~ ~ in ~ch [o~ M may ~ ' the the Work [ulty completed end accepted shall be submitted by'.th~ Con~ctor to the terms ~r. cept and hall l~operty or G#N[RAk CONDITIONS OF TH~ CONTRACT FOR of ~s ,' ~nd ~ .1~ · ith~ of under 10.2.6 The Contractor shall ciesi~mte a r~spomible mcnb~ of the Contr~tor's o~o~Qon ~t the site wh~ duty shall ~ the pr~don of accident. This p~son shall be the Con~ctor~ supe~ntendent units othe~ise designat~ ~ t~ Contr~tor in wdtln~ to ~e ~ner and Archh~ct. 10.2,7 The Contractor shall not load. or t:)erm~ any part. ot'~th¢ constnu:tion or site to be loaded .~. es to'endanger its or death area and report Che L ~f ~emoval Architect wi]] costs or'hut-down. ~. at the G~NIlqAL ¢ONOITIONS OF TI,I~ CONTRACT CONSTRUCTION 1735 Niw Yo~k Avem~, N.W. Washings. D.C. extension o( time claimed by the Contractor on account of an emergency sba' be determined as'~ ~ ARTICLE 11 iNSURANCE AND BONOS m a company or companies law~u~ a~thorb~ed to do business in the jufi~liction in which the Project is located such insurance as will r result ~'om the or ptJo~ to ~ by ti~s such AiA O4)CUM~NT A~01.1~7 GENERAL CONOITIONS O~ T).l~ CONTRACT FOR CONSTRUCTION of prim~r~ shall reimbune the Contractor by increasing the Contract Sum to pay the cost or' putch~ing arid maintaining such optional insurance coverage, and the Contractor sba I not be responsible for purchasing any ~ther lia[:,[l.;,ty insu'tance on behalf of lablhty purcha~d with such coverage shall be equal to the aggregate of the limits required for Contractor% Liabilhy In.~urancc under Clauses ~.~.~..- through ?toject ~naGement Protective 11.4 On In~t,~nc~ coverage .under and cost of ~ct~a~ ~ site property insurance shah be I of such im, ura~ce,.unfil.finat pay'meat ha~ been or entity other than the-Owner has an the Contractor, '.~ubcontrac~ors and ~ and en[ofcemem for Atchitecfs and ~erv~ces ;hen effect Subcontractors and Order the cost thereof ~hall be GgN#RAL CONDITIONS OF THE CONTRACT FOR AL~ O00JM~J~r GENI~I~A~, CONOITION~ OF THE CONTRA~T FOR CONSTRUCTION 1~ N~ ~ ~. N.W. W~. O.C and the Con~raCtor ~sha[! ~ Subc ...... , P ¥ ontr~ctOrs their }ust sha~s of in~n · ~r ~Ss r~w~ ~ ,~ Contractor. ~ a · · .. . . ~ ppmpna~ ~emen~, ~en wh~ ~y ~uzred for ~]idity, ~h~] requ:re ~u~ontr~clo~ W m~ pa~'to ~r ~m~n~ci~ in similar manner. of~n such awa~ in special 11.5~ · of bond~ prompti~ ARTICLJ 1~1 shall AND CORRECTION 0f WORK i~ ~vezed ~ h~ Architect's request or to z~quirements ting by the An:hit~t. ar~ l~ ~pl~ed at the Contractor's expense without t specii%ally .'ques~ to see such Work and is in accordance with the Contract shall, b,/ appropriate Change Onier. be at the accordat~ce with the Cont~a~t Documents, correction OMldition w~ caused by the Owner or a separate MA DOCUI41NT AZOI-I~J? GF. NEKAt CONDITIONS OF 'THE CONTRACT FOR CONSTRUCTION The Amm, ican I~ ~ Yolk Avenue. N.W. 12.J ~:OKI~ECTIOfl OF WOP~ BrFORE O~ AFTER SUBSTANTIAL COMIq. ETION '. in not in 12.2.4 the AIk D~N~I~' A3Okl~ w~h~. 0.¢. '~X~M.$2~2 12.~ 12.,3LI ARTICLE 13 MISCELLANEOUS PROViSiONS 13.1 GOVERNING LAW 13.1.1 Thc CorRract shall ~ ~ov~,l~.ci by t~ ~lw of t~e ~L~e where the ~ojcc~ ~3.2.1 The ~acr a~ ~ntr~ ~ly bi~ th~ ~eir pmne~ su~ ~i~ a~ ~b~ag~ph ~ n~ party to 13.2.2 ~ the Contact ~o ~ , ~c Icnc~ s~' ~ The Con~tKtor ' ~ if &~ ~n to ~ ~ which it ~ I right~ ami ~medi~ I:~] bl.5.2 make except ~.~,provided in: a waist or failure to act ~8reed the Contract : authorities having [, the Contractor shall testing c authority, and shall r shall give the Architect ~ to be made so that the Aghitect may inspections or approvals portions .~ tO For S~ch procedures. Such AIA ~OCU~4ENT A201-1N7 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION TJ~ Am~.Jc,m ln$1itute ~f ,Atcl~ee~ 1735 ~ Y(X'k Av~me, N.W 13.5.3 t t~ SRCh pro,~iures fi~r testin$, m~sl:~Ktion or approval under SubD~r-~aphs z ~..S.~ and z3.5..- re~al failu~ of ~e of the Work to established ~ the ~t ~e ~nt~or~ made aft~ the AIA ~MntNT G~N[RAL CONDi?IONS Of THE CONTRACT FOR of 1735 New w~ o AR~CLE 14.1 direct the Work under ~ iurisdiaion whida /if~nat/ona~ emergent? wkich requites all The Contras, m- ~ proflt( the O~ner as Or accordance With the Subconu-actors: orders o~ a public o~ .4 of a provision o[ the Contract Documents. :"_~ ~.e~ ~t~ t~ ~ audi acuon. ~ w~th .out prejudice to, any oth~ rights or ~..oi~ the ~er ~ ~ ~'the Con~r~ or adc[ ~e Contractor s surety, if any, ~ written notice, terminate employment O~the Oantzactor and may. subject to any prior tishu of the ~-ty: .: t~b,. ~ tools, and constructio~ ~ l~e Contractor: may ~eem expedient. Upon Io the Contractor a ¢tetatled · ~ ~ $ · · I · · the Work. GENERAL CONDITIONS ~.2.3 WhC~ "' OF TH~: CONTRACT FOR the ~ne~, tenniaates the Contract for one oF the reasons stated m Subparagraph ~4-2n. [he Conttactm-~ not be emit!~d to :ecelve R~rther payment until the Work CONSTaUCTION is fini:~r~cd. '" ~ 17~jNewY~fkA~nue. NoW. 14.~.4 If the unp~d I~lnce of the Contract Sum ~ ~ of finish~ the Wo~. ~clud~g- com~tion ~ th~ n~e~-there~, and o~er surv~,e ~4.4.3 $ntitl~ G;r NERAL CONDITIONS OF THE CON?i~ACT CONSTRUCTfON INDEX Adclition~l,C~t~',Ci~m ~]t --__ Architect's Authority to ReieCl Work .~chitecfs Copyright A. rchitect% t~;isions 4.4-6, 4-~. 6.3, 7.~,&, 7J.8, &u~. 8J.z 9.2. 9.4. Architect's Inspections ,'~:hitecfs Instmciion.s 3.2.3, 3.3.~. 4~;-6, 4.2-7, 4.z.~, 7.4-L ~.~, Archilect%' tnt~rpretalions Architect% Proiect Representative 4.z.lo, Bonds, Lien Bonds, PerformanCe, ~nd Paymen~ Buildin~ Permfl CapitalL~ation C.~i~¢ate of Su~nfial Comp~ion ~nific~tcs for ~m~t Conditions of th~ Contr~c~ Con~nt, '~ GENERAL CON01T OF THE CONTRACT CONSTRUCTION '0~ i'KE CONTRACT ~ONSTRUCTIGN Washinsmn, O.~ 2CCC~-5~2 ConteiC~OT'$ Risht to Terminate the 4.3-m. ~. ~74.3 ~~ In~t of ~ ~t D~ C~t, ~nition of 7.~6 C~ts 7.~.~ 7.~ ~.~7, 7,~L ~.1o.2. lo.~L lo.~. I1.~ Damage to ~c~n o~ ~ner or Dam~ ~o the Work D:~ma8e$, Claims for Damagel ~r ~lay 6.LL 8.~ 9.~.~ ~,7, ~o.~z Date o~ Comm~cemen~ o~ thc Dire o~a~i~l ~.1.3 Day, ~fi~tion of D~isions of thc D~ to Wi~M Dc f~Jv¢ Wozk. De~nition (~ 3.54 ($c¢ Defective orNoncon(orminsWork~ lnstm~ion; to the Co~.%-tct~t r Liens I. imitatiems, Ststutes of s ~nd Lin, ~-D.8, 4,.~,~ 4~,0, ?.~ 7.4 Mc~fication$, ~'~finigon Mutual Xnpomibllity Not,ce o(Testing and Inspections Notice to Proceed 8.~.~. Obser~on.~ Conwncior's Orders. Written Ovn~r, De~nitin~ o( Owner. Information and ~ 6a.4, ~.~,~, 9,,.~, ~,6a, 9.6,4, Ow,n~r's Amhority i.~, 2,~.I, 2,~, 2,4. ].4.2. ,~,&z, 6.:, 6.3, 7.Z-h 7.3.1. 8.2.2, 8J.z. Ownc's Financial C~lbility Owner's LLtbility Insurance the tr.4.3 Owner's Relztionship with Subcontractors Owner's Risht to C.~ry Out the Work Ownc:'s Right to CI~ ~p ~'s Right to Stop ~e W~k ~er~ Ri~t to 5us~ ~e W~k S~ety o( Dctsons and i'~l~flY ~fety I thc ~ ;. l~'ocluct Data Relations 173S New Yack Av~m~. ~ O,C 2Q(X~G-S2~,2 ~{endent ?itl~ to Work 9..3.2, ~.3.3 UNCOVERfNG ANO COKREGION OF WORK 12 LTtncov~.i~g of Work ~n foreseen Condi~ons 4.3.4, &3-z, ~'fit Prices ~ of Documents · ~ 4-~.~, 6.~ w~ of Gai~ ~o~ ~ 9.10~ ~ of ~ion Work, ~fi~ of ~tt~n ~t Wfitte~ ~ ALA DOCUMINT A2QI,,ISdJ7 ~ G~NERAL CONOITIONS OF THE CONTRACT FOR was~in~ofl, D.C. 20C~4-S2~2 KNUTH ROAD PHASE 2 - 9945 EXHIBIT "A? ~glrfH IROAD C~STRUCTION SURETY ESCROW AGREEMENT · This Escrow Agreement is made and entered r of A. Road Trust dated as of Nove~aber 15 "Truet~"), '.'the City 'of Boyncon Beach, Boynton Beach, Florida ("City") and schroeder and La~ohe, P.A. ["Eecr~w Agent") RECITALS A. its B. Trust is the of ~ located Beach on as ~ ~pri0r to in Trust lane D. the for of Co with G. 0010-056 co.strict: ( Road, a copy of which have the for the int ~ a into Page 1 of 8 the to of of r'~y 10 '~ 10:32 561241~q9~ PP, GE. 03 a~lure of any or,any ~insolvenc¥ 'of any deposi~tor~, interest or other earnings on sums fail, or sums its du=ies or claims 0010-0~6 In the even= Page 4 of 8 on~. held any S =0 a rowed o~ any and all further obligation and liability hereunder or in connection herewith. I. This Escrow Agreeme. nc shall ,remain im effect unless and until ic is canceled in any of the following man. ers: · (1) Escrow Agent .may resign as Escr?w Agen: at any tam.e. ~ upon. giving notice to the C~ty.an~ .TrUst of-~s desire to so resign;, provided, however, ~ha= resignation of EsCrOw Agent Shall tak.e effect no earli.er than ce~ (1~} clays after the giving of no=ice cz.resignation, or (2)- U~on compliance with all escrow provisions as se~ forth in =his Agreement. J'. In the even= the Ci~ ~ to a successor escrow or other and holds ~ damages losses in li~%te~ ~o, reasonable attorneys, and a~pellat~Ievels. no= ~rial K~, U?o9 t~.r~,'nat~gn of ~h~ duties 9f Escrow Agent ~n ~cn~r .man:ri.? p~R zortn' ~n slvl~p~ragraph I of =hie SecCion, ~scrow Ag~,~s~a~. ae~ver all o~ I~he EscrOwed Fun~S tO the newly appoxn=ea escrow agent designated by the parties. _ . _ L~.. All noC%ce~, ~er=~ficates, requests, deman.ds, ma~e~a±s~an~, other comm~n~ca~=ons hereunder shall be in writing ana aeemeu ~O have been duly g~ven (1) upon delivery by and to the aPPropriate!address ofTrust, theCltyor Escrow Agenta~ se= forth in~h~s Agreement or (2)'on thethird business day af6er mailing by united Sta~es registered or Certified ma~l, return recei t quested, postage pre~ald to such a.ddress. .Ail notices hereunder s~911 be a-d~tressed =o =he r~ePec=ive parczes ac =he following a~or~sses: For Escrow Agent: sC ROEDERAND LARCHE, P.A. BOCA PLACE, SUIT 319 ATRIUM GLADES okD BOCA RATON, FL 3343 -7313 For Trust: M~ BILL R. WINCHESTER P. O. DRAWER 1240 BOYNTON BEACH, FLORIDA 3343S 0010-056 Page 5 of 8 conS=tried BOYNTON BEACH, FL shall in 15, as of of Co-Trus=e~ ed as of 0010-0S6 Page 6 of B ~Y 10 '~ L0:34 Joined an and Consented to by: (CONTRAI By: Pr~nc N~ Its: ~ INC. 0010-056 Page 7 of 8 EXHIBIT "A" Lot 2, KNUT~ ROAD P.C.D. PLAT NO. 1, according to the Plat thereof as recorded page 45, of the Public Records of Palm Beach {J: \7 \ CLIENTS \WINCH~ST% KNUTHRD\EXH!BITA · WPD) I~=z10,,'~8 1~9:56 SC~ROEDER ~ ~_ARC.~E, P.A. NO.G4~ EXHIBIT "B" RYAN ~NCOI~POF%~TED CONTRACT PI~EPARP..D BY: Nicholas I. Igwe, Esq. Aes~s=an~ City Attorney City of Boy. ton Beach 100 E. ~oynton Beach Boulevard Boy. ton B~aCh. Florida 33425-0310 DRAINAGE EASEMENT This Drainage Easement made =hie day of ].une. 2000. between STON~HA~H~SASSOCIATION,---~-~., a Flor~danot-for- profit cozl0oration (hereinafter referre~ =o as "A~sociation"), and =he CITY OF BOYNTON BEACH, a FlorLda municipal corl~ora=ion (hereinafter re~err~d =o as WHEP~AS, Association is th= homeowners aeaocia=~on for the r~iden=ial community know~ as "S~onehaven#· located within the S=onehaven PUD (.S=onehaven") situated ~n Palm B~ach Florida. a~d administers, opera~es and control~ =he common areas, including the storm water drainage ~ystem anu facilities lying within and serving stonehaven; and WHEREAS. City owns the public right-of~way for Knuth Road fronting on Stone~aven~ and ~P~AS, City desires ~o discharge s~orm wa=er runoff from Stonehav~n. NOW, THEREFORE. ~or and in consideration of the pr~ises a~ conditions contained herein, and ~or other good and Yaluable consideration. =he receipt and sufficiencY o£ which is hereby acknowle~jed, =he parties agree as ~ollows= 1. The £oregoing Kec~tal~ ar~ h~r~by raDi~ied and confirmed as being =rue and correct and are incorporated herein by ~his reference. 2. Association hereby 9ran=s, bargain~, sells and conveys to C1~¥ an easem~n= over, upon, ~nder ~n~ =brough the property descr, ibed on. Exhibit ~ hereto (s~ase~ent Are~'), ~or the purpose of discharging storm water, in perpe~ui~¥~ f~om Knuth Road r~ght- of-way into the private storm water drainage system located within Stonehaven. not. ict any lities will 5. Primary responsibility for maintena~ce of the prx ate drainage syStemremains with Association. 6¸, or ~ with 7. Easement shall be on the with and be released or amended without ; as thie docume~. agreement on behalf of either or she ham full legal l~ower Fo the party for whom he or ~he is ~arty with re~pe=t to all 10. _U~?n ~tion of~thisA~reement, City shall record same in the ~ubl~c ReCorclsOf ~a~m Beach County, Florida. IN WITNESS .above w~i==en. sealed and delivered STONEHAV~NHOMEOWNERS STAT~ OF FLORIDA ) COUNTY OF pALM BEACH) M~ Commission ExPires: My commission Number: My Notary Seal .' STATS OF FLORIDA ) or Notary Public ~ State of Florida The foregoin~ instrumen~ was acknowledged before me on , 2000, by as of CITY OF BOI~gTON BEACH, a Florida municipa~ cor~orat%~, on b~.hal~ of the corporation. Ha/She i8 ~ersonall~.k~.C~.~o.m~.\nas ~roaucea ~rint, Type or ~.a.m?'¢o~missioned Name of Notary ~lic - State Of Florida My Commission ~x~res: My Comm~sion Number: My No~ary Seal: {j:\?\CLi~NTS\WZNC~i"~I~\DRAINEA~-I~ 06/16/00 0010-056) 4 10' DRAINAGE EASEMENT , STONEHAVEN-PLAT NO. 1 (PUD) $¢~u r- 1' = 30' LAND DESCRIPTION 10' DRAINAGE EASEMENT S'rONEHAVEN-PLAT NO.1! (PUD) BEGINNING a~the soulh~t ~nW ~ L~ 1581n ~ STONEHAVEN-PI. AT NO.1 (PUD); THENCE ~ 01'1~ 26' W~st, aimg the east ~ ~f ~ Tra~'A', 5.00 fe~ 'I14ENCE Ik,'lh aS'4~a4' West, 50.00 f~t t~ ~ ,.~t line ~' .aid Tract -A; ~m~ l~klg Ih~ F. ast ~'IENCE S~,llh 68'49'~4" ~ ~f~ ~ ~ ~ ~ T~'A'; Prc~e~ No.: 96-0291 Sheet I 0~2 S~ets INTEROFFICE MEMORANDUM TO: COPY: FROM: DATE: RE: Wilfred Hawkin~, Assistant to the City Manager Sames A. Cherof, City Attorney ~ L. Ezrol, A~'~aut City Attomey~ 1une 15, 2000 City of Boynton Beach ("City") / Resolution Authorizing Transfer of Cable TeleVision Franchise from Comcast Cablevision of West Palm Beach to Aielphia Communications Corpormion Enclosed please find for your review a copy of the above-referenced resolution. Should you have any questions or if I can be of further assistance, please contact me. I~LF_/hm Bnclosure H:\1990k900182.BB~IEMo'~rlAWKINS 19.doc Requested City Commission Mee~ng Dates [] July .5,2000 [] August L 200( --~ August 15.2000 '--] September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Coramission in to City Clerk's Office Meefin~ Dates July 6, 2000 (5:00 p.m./ ['- September 19, 200( July 19. 2000 (5:00 p.m.) ~ October 4, 2000 August 2.2000 5:00 p.m.) [] October 17. 2000 AugUst 16. 2000 (5:00 p.m. [] November 8, 2000 I~EM C.6 Date Final Form Must be Turned m m City Clerk's Office September 7. 2000 [5:00 p.rm September 20, 2000 (5:00 p.m.) October 5. 2000 ~5:00 p.m.) October lg. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Bus/ness [] Public Hearing [] Legal [] Bids [] Unfmished Bus/ness [] Announcement [] Presentation RECOMMENDATION: Motion to approve Resolution No. R00-94 Authorizing the transfer of cable television franchise from Comcast Cablevision of West Palm Beach to Adelphia Communication Corporation. EXPLANATION: Comcast Cablevision of West Palm Beach (CCW) and Adelphia ~2ommunication Corporation (ACC) notified the City of the intended transfer and delivered Federal Communications Commission Form 394 IFCC 3941 on March 14. 2000: The information ihehided in the FCC 394 gives detailed information on both companies' legal, technical, and financial status to operate a cable television business. The 1992 Cable Televesion Consumer Protection and Competition Act (.CATV Act '921 allows the franchise authority 120 days t_o,review the submitted FCC 394 inibrmation. The Federal Communications Commission and the State of Florida Attorney General's Office have conducted a review of the CCW and ACC transfer actions in Palm Beach County. The city's Legal Department and staff have reviewed the FCC 394 information and have met with representatives of both companies. The transferee (ACC) has provided the basic information to show it is capable of assuming the existing CATV franchise obligations. As ACC has a separate existing franchise agreement ~vith the city. Under CATV-Act '96, tlmre is no requirement for a CATV company to file FCC 394 when requesting approval of a transfer. Furthermore. there is no requirement for the franchise authority to take formal action to grant a transfer request. Hmvevar. this action allows for review and formal notification of the public by the franchising authority. PROGRAM IMPACT: This CATV transfer will basically give Adelphia ConLmunication Corporation the predominant presence for CATV franchise operations in Boynton Beach There will be one other CATV frauchise operation in a specified area(s) of the city. Furthermore, the ACC franchise agreement will expire on May 3. 2003. The city has been give formal notice for the renewal process. Staff is working new technical specifications, customer serwce requirements, administrative stipulations, and community needs that will allow us to develop a strong new franchise agreement. S:\BULLETIN~FORMSL~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: No negative financial impact is anticipated with this transfer. Adelphia is acquiring the Comcast customer base. which should increase the dollar amount of their franchise fee payments to the city. ALTERNATIVES: FCC regulations inhibit the city's ability to deny the transfer request. Deparunent Head's Signature Department Name City Attorney / Fmartce / Human Resources,/ S:\BULLETIN~FORMSEKGENDA ITEM REQUEST FORM.DOC 1 4 5 7 8 9 10 12 13 14- 15 16 17 21 KESOLUTION NO. IV-CONSENT AGENDA ITEM C.6 A RESOLUTION OF ~ CITY COMMISSION OF THE CITY OF BOYNTON BEACH~ FIIORIDA, AUTHORIZING, 'rl~ ~TRANSFER OF- THE CABLE TELEVISION FRANCHISE FROM COMCAST CARLEVISION OF WEST ~PALM BEACH TO ADELPHIA COMMUNICATIONS CORPORATION; DATE.~ ~ WHEREAS, ~ Comcast- Cablevision Of~ Wes~ Palm Beach, Inc; (the "Franchisee") c~tly owns a~ operates a cable telovision system (thc "System") in the City of Boynton Beach (the "Franchise Authority,) and is the duly authorized holder of a fi~nchise, granted by thc Franchise Authority(as amended to date, the "Franchise"); and WHEREAS. Comcast Corporation,. the parent company of the Franchisee. and Adelphia Communications Corporation ("Adelphia") have entered into an agreement (the "Exchange Agreement"). dated May 25; 1999. pursuant to which Comcast has agreed to tr'an~fer substalltially all of thc assets Of the System including its rights under the Franchise, to Adelphia or its Subsidiaries in a series of transactions in which (i) thc Franchise, through a series of internal lransactions, shall be assigned to Comcast Cablcvision of West p~im Beach, LLC (the "New Franchisee''); and (ii) all of the New Franchisee's interest in the New Franchisee will be transferred to Montgomery Cablevision Associates, LP. ("Transferee"), a wholly-owned indircct subsidiary of Adclphia (thc WHEREAS, Franchisee and Transferee have requested consent by the Franchise Authority to the Transactions in accorrl~mce with the requirements of the Franchise and KLE/Iml mU~0~O0~Sa~aU~SO~COMCAST TO AD~L~m~ P.~so.~ Page 1 Of 4 Pages I -2 3 4 5 6 7 8 'imv?ffied an FCC Form 394 (the "Transfer Application"} with the Franchise Authority describing both the Transferee and the Transactions; and the Transfer Application, of Transferee, followex{i' all Transfer Application, and there~/~dePiby 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 24 and alter the comp!etlon of the~ transfer~ and ?. WHERF. AS, the Franehis~ Authority believes it isi~ the interest of the Franchise Authority to approve the Transfer Application and the transfer of control of the Franchise to Transferee, all as deseribed in the Transfer Application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACI~ FLORIDA: Section 1. Tho foregoing "Wh " . ereas clauses are hereby ratified and confirmed as being tree and correct and are he~y made a specifio part of this-Resolution upon adoption Section 2. The Franchise Authority hereby consents to the Transactions, all in accordance with tho terms of the Franchise. ~gtiglL~.. The Franchise Authority confirms thnt. (a) the Franchise was properly granted or transferred to Franchisee, Co) the Franchise represents the entire understanding of the parties and Franchisee bas no obligations to the Franchise Authority other thnn those specifically stated in the Franchise, and (c) Franchisee is materially in Page 2 of 4 Pages 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 compliance with the provisions of the Franchise and there exists no fact or circnmsrance known to the Franchise Authority which constitutes or which, with the passage of time or the giving .of notice or both, would constitute a material default or breach under the Franchise or would allow the Franchise Authority to cancel or terminate the righls thereunder, except upon the expiration of the full term of the Franchise. Section 4. This Resolution shall be deemed effective for purposes of the Tramactions upon the consummation of the trannactions contemplated by the Exchange Agreement. Section 5. The Franchise Authority releases Comcast Corporation and each of its subsidiaries, effective upon tile consummation of the Transactions contemplated by the Exchange Agreement, from all obligations and liabilities under the Franchise that accrue on and after the coraw,..afion of the Tran.~actions contemplated by the Exchange Agreement; provided that the New Franchisee shall be responsible for. any obligations and liabilities under the Franchise that accrue on and after the consummation of the Trannactions contemplated by the Exchange Agreement. Section 6. All resolutiuns or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. If any clause, section, other part or application of thin Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it sh~il not affegt the validity of the remaining portions or applications of this Resolution. Section 8. This Resolution shall become effective upon adoption. Page 3 of 4 Pages 1 2 '3 4 5 6 10 11 12 13 l§ 17 18 21 27 28 PASSED AND ADOPTED BY ~ CITY COMMISSION OF TIlE CITY OF BOYNTON BEACH~ FLORIDA~ TNI,q .... DAY OF , 2000. MAYOR COMMISSIONER C~SIONF_,R ' ATTEST: SUE KRUSE, CMC/AAE, CITY CLERK APPROVED AS TO FORM: JAMES A. CHEROF, CITY ATTORNEY I~u~,~om.~au~o~coMc~r TO ,~D~-I~ m~so.ao~ Page 4 of 4 Pages Requested City Commission Meetin~ Dates [] March21, 2000 [] April 4. 2000 [] April 18. 2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 8, 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) April 5, 2000 (5:00 p.m.) April t9, 2000 (5:00 p.m.) Requested City Commlssmn Meetin~ Dates [] May 16, 2000 [] June 6, 2000 [] June 20, 2000 [] JuI5 5, 2000 IV. CONSI~II AGNlql)A £Tg.~ C. 7 Date Final Form Must be Turned in to CiW Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m,) June 7. 2000 (~5:00 p.m.) June 2I, 2000 (5:00 p.m.j NATURE OF AGENDA ITEM [] Adminisrrauve [] Development Pla~s [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to adopt Resolution No. R00-94 authorizing the Mayor and City Clerk to execute a License Agreement between the City of Boynton Beach and Metricom, Inc. EXPLANATION: This License Agreement would allow Metricom to operate a mobile digital data communications radio network known as Ricochet. This system is primarily to facifitate Internet access by mobile laptop computers. The radio "boxes" would be attached to "~acilities' located in right-of-way. This license agreement is for 10 years with three ,3) successive five (5) year terms that are automatically renewed. PROGRAM IMPACT: FISCAL IMPACT: Metricom will pay the City an "annual fee" of sixty dollars ($60) for the use of each "city facility" that a radio is connected to. This "annual fee" will be adjusted according to the Consumer Price Index [CPI) effective commencing the fifth (fifth) year of the agreement period. Metricom will also pay applicable permit fees and a "Right- of-Way Fee" on an annual basis in an amount equal to one percent (1%) of Adjusted Gross Revenues collected from subscribers ~vith billing addresses in the City. ALTERNATIVES: The City may deny the request for the License Agreement, but should specify the reason for the denial. Deparnnent Head's Signature ~/~' Cfity 5~f~r~ager's Sig ture/ City Attorney / Fina~ace / Human Resour~ / Deparmaent Name --~ S:\BULLETiNkFORMS~AGENDA ITEM REQUEST FOP.2vI.DOC IV. CONSENT AGENDA C, 7 RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND METRICOM, INC,~. AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Flodda, upon recommendation of staff, hereby authorizes and directs the Mayor and City Clerk to enter into a License Agreement between the City of Boynton Beach and Metric. om, Inc.; 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, Flodda does hereby authorize 'and direct the Mayor and C ty C erk to execute a License Agreement ~)etween the City of B~oynton Beach and Metricom. Inc., said Agreement · ' i ~A" being .attached hereto as Exh~b t . Section2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of July, 2000. CITY Of BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:Reso~Agr~LicAgr-Metricorn062200 THIS-LICi~NSE CITY OF BOYNTON BEACH LICENSE AGREEMENT Recitals IV. CONSENT:~GENDA ITEM ~? day of 2ITY OF ,INC., a · For purpose of operating RicochetS, Memcom ~w!:shes to locate, place; attach, install, operate, and maintain Radios in the citY Right-of-Way (a~: definedfil ~i& on faeilifies owned by the City, as well as on faeiiitie.s, owned by third parties'therein. Agreement Now, therefore, for good and valuable consideration, the receipt and sufficieriey of which are hereby acknowledged, the parties: agree to the following covenants, tenm, and conditions: DEFINITIONS. The following definitions shall apply generally to the provisions 6£this License: 1.1 Adjusted Gross Revenues. "Adjusted Gross Revenues" means the gross dollar amount received by Metficom for.its Services (as defined in section 1.11 b61ow) provided to subscribers with billing addresses in the City, excluding (i) the Right of Way Fee, if any, payable pUrSUant to section 4.1 et seq. below and any t~tility users' tax, communications tax, or similar tax or fee; [NOTE] (ii) local, staie, or federal taxes that have been billed to the subscribers and s~parately stated on subscribers' bills; and (iii) revenue uncollectible t~om subscribers (£e., bad debts) with billing addresses in the City that was previously included in Adjusted Gross Revenues. 1.2 C/ry. "City" means the City of Boynton Beach. 1.3 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or le~vy of general application to entities doing business m the City lawfully imposed hY any governmental body (but excluding .any 'utility users' tax, fi:anchise fees, comm~lications tax, or similar tax or fee). 1.4 Installation Date. "Installation Date" shall mean the date that the first Radio is installed by Metricom pursuant to this License. 1.5 Zaws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, .or?rs, or otho~ requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this License. means Metricom, Inc~ a corporation duly~organized and of the State of Delaware; and its lawful successors, assign.q: and transferees. 1.7 City Facilitieg t'City Fac' ' ' " ' titles means C~ty-owned street light poles, lighting or other City-owned structures located within the City Right- in the singul,ar or plmal, as appropriate to the context in which used. 1.8 ~.Rig~!l~a~,y,~ "City:Right-of-Way" means the space in~ upon, above, along, ss, and O¥~,th~ public streets, reads,:highw.~ays, lanes, co ~u~, ways, alleys, boulevards, ~dewalks, bicycle lanes, and plaecs, including all public utility easements and public sendce easements as the same now or may hereafter exist, located m areas that presently are, or at any time during the License term shall sot include county, state, e any property owned, by any person or entity other than the by applicable Laws or pursuant to an agreement and any such person or entity in which the City accepts br maintenance of the ~ ght-of-wa y. 1.9 P$C. ','PSC" means the FlOrida Public Service Commission 1.10 Radio. "Radio" means the radio equipment, , whether 'referred to singly or collectively, to be installed and operated by Metricom hereunder. 1.11 Serv/ees. "~ervices" means the mobile digital communications services provided through Rie°chet© by Meffieom. TERM. This License shall be effective as of the Effective Date and shall extend for a term of ten (10) years commencing on the Installation Date, unless iq is earlier terminated by either party in ac~rdance W!.' 'th the provisions herein. The term of this ~License shall be renewed automatic :a~,,~Y for thr{e (3) sUccesSive terms of five (5) years each on the same terms and condifionsiaa~set forth herein, unless Metricom notifies the City of its intention not to renew no.t i~s than ~ (30) calendar days prior to commencemem of the relevant renewal term. [NOTE] Metric0m agrees this License shall be subject to future 2 City ordinances, m/es or regulations that may be adopted by the Cigy consistent with state or federal law. SCOPE OF LICENSE. LiCe"Si, 3;L: for of and permits other bythe 3.3 and · information 3 3.4 3.5 3.6 the Compliance with Laws. Metricom ghall comply with all applicable Laws in the exercise and perfOrmance of its rights and obligations under this License. Obtaining Required Permits. If the attachment, installation, operation, maintenance, or location of the Radios in the City Right-of-Way shall require any permits, Metricom shall, if required under applicable City ordinances, apply for the appropfia[e permits and pay any standard and customary permit fees. City shall promptly respond to Metricom's requests for permits and shall otherwise cooperate with Metricom in hcititating the deployment of Ricochet© in the City Right-of-Way in a reasonable and timely manner. planned initial aRer Metricom's Upon a pole ,y. responsible for this 4.1 tbe,~ her~: or Fees, Inorder to compensate City for Metrieom's entry upon and ay, Metricom shall pay to the City, on an percem (1%): of Adjusted Gross Revenues amount may be collected from subscribers of addresses in the City and i-¢udtted to City as provided ~, shall be payable for the period commencing upon subscribers in the City using Radios ending on the date of termination of this or before the 45th day after the ~nd of each calendar forty-five:(45) days after the tat ,,ination of this since the end of the M~tricom shall furnish this section a I Gross; Revenues for the periOd covered by the of compensation or R error or offset against the next payment due. this section shall not be breach of this License occurring prior ,by the*C~ty of-any such paymems preclude the a larger amoun~ was actually due or from 4.2r~ 4.1.1 Reduction of Right-of-Way Fee by Amount of Utility Users or Communications Tax. Notwithstanding anything to the conu'axy in this License, if the Services are subject tO .a utility users tax, communications ~ta~,.:,. :O~,~.~th~ ~imi!ar tax~:~r'~:fee ~h ~ac.eme~ ~to the City by City ~: ~,a~ ~,o£ t~,gPpl~l~, Uti~usm ~,a~,,om~cati°ns,tax, or such 4.2.4 constitute public property 4.3 Annuat Fee. to pay ,~of Sixty Dollars . each on the Annual collecting the fifth (5t~) (5 thc ~ mount equal to Bureau of Labor 4.4 Statistics Consumer Price Index (All Items, All Consumers, 1982- 1984=100) which occurred during the previous five-year period for the South Urban Region Consolidated Metmpohtan Statistical Area_ Electricity Charges. Metricom shall be solely responsible for the payment of all electrical utility charges to the applicable utility company based upon the Radios' usage of electricity and applicable tariffs. RELOCATION AND DISPLACEMENT OF RADIOS. Mctricom understands and acknowledges ~that City may require Metricom to relocate one or more of its Radios, and Metricom ~ cost and thatthe relocafion~is needed for any of the ,completion, repair, relocation, or because the Radio is interfering with or adversely poles; truffle'signals, or other City such case, City equivaleiit .al_t_e. mate localaon. If by the lgity witifin a reasonable shall be entitled to relocate the_ an6 expense, without further notice ge ~ere~ .the.¢ity~ll attempt : remora[ ofanY~pale onwhich a~y 5.1 In the event M~tricom desires to relocate mt aer, Metricoai shali, so;:~Vise the City. accommodate Metricom by making another ~ available for us.erin ~ace0i/flance with and 5.2 0r te~, City Facility. Whenever-the removal or his License, and such m~moval Right-of-Way~ or(any City Facility to be to a safe normal wear and as jmSt described, then the City hays' prior written notice tO Metricem, to and necessary work on behalf , proposed costs to be incurred or the , s standard rotes. Upon receipt of a shall prem~tly reimbUrSe the City for INDEMNH~CATIONAND WAIVER.:,~_Metrieom agrees, at its sole cost and expense, to indemnify,~defend (at the City Atta/~ne3~ ~ Option), protect, and!hold harmless the City, its Commission members, officers, agents, and employees fi'om and against any and all claim~q~ demauds, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and Orders;'judgments, and all costs~ and expenses incurred in connection therewith, employees, agenfis, or contractors. of shall furnish and shall ~following Completed non-owned, of services ~Ignd~ aii, dailI!~te <fedeial Ia~:~;~O ~hcy must include Employers' Liability with a minimum of One Hundred Thousand and 00/100 ($100,000.00) Dollars per accident. 7.2 The insurance coverage obtained by Metticom to comply with this Section shall be approved by the CITY, which approval shall not be unreasonably withheld, and all' certificates of insurance, together with written evidence of payment of required premiums, shall be filed and maintained with the:CITY. The certificates of insurance filed pursuant to this subsection must con~min a statement that the CITY shall receive at least thirty 00) days' advance written ;nofice of any non- renewal, cancellation, or modification of insurance or reduction in coverage. CiTY shall be included asan "Additional Insured." 7.3 CITY reserves the right to review and reasonably amend the insurance requirements if it is determined that such adjnstment~are~necessary to protect CITY's interests. CITY ~,qhall give Metricom at lease aixtyi(60) days written notice of any new insurance requirements. Metricom reserves the right to terminate thi.q Agreement on thirty 00) days' written notice to CITY rather than pay any increased insurance costs. Metricom shall furnish CITY with a certificate(s) of insurance whenever CITY so requests, as evidence that such insurance is in force. CITY reserves the right to require a cexedfied copy of such certificate(s) upon request. 7.4 Compliance with the foregoing insurance requirements shall not relieve Metricom of any liability and obligations under this Article or Under any other section of this Agreement. 7.5 All insurance policies required in this Article shall ~be without any deductible amount and shall be issued by companies authorized to do bUSiness in the State of Florida, with management and financial strength qualifications set forth by CITY's Risk Management Department. The minimum standard is a current rating by A.M. Best Co. of"B+" or higher. 7.6 CITY~Right to Review. Rieht to Review. The City, by and through its Risk Management Department, in Engineering Department, reserves the right to review, any required policies of insurance~ including limits, coverage~s, or endorsements, herein fxom time to time throughout the life of this Agreement. The City reserves the right, but not the obligation, to review and x~ject any insurer or self-insurance Plan providing coverage because of its poor financial eundition or failure to operme legally. NOTICES. All notices which shall or may be given pursuant to this License shall be in writing and delivered personally or transmitted (a) through the United States mail, by registere~,or!cegd~ 'fled mall, postage prepaid; (b) by means of prepaid overnight delivery service; or :(c)b~r facsimile or email transmission, if a hard copy of the same is !followed 8 by delivery through the U.S. mail or by overnight delivery service as just described, addressed as follows: r '. if to:Metr~com: 8.1 Notice Address. Notices shall be deemed given case of personal delivery, three (3) days aRer deposit in the in the case of facsimile, email, or overnight gnate any other address for this party, delivered in. the manner set forth TERMINATION. This License may be terminated by either party upon forty-five (45) days' prior WriRen notice to the other party upon a default of may material covenant or which default isnot cured within forty-five (45) days of receipt (or, if such default is not curable within forty-five (45) fails to commence such cure within .forty-five (45) days or · ~ to completion), provided that the grace be ten (10) days from receipt o£notice. Except as ~xpress!y during the tc~m. ' reject:: any applicable law, doctrine, or other legal are revocable at the will Of the licensor, with the intent that this Agreement shall only be revocable as specifically 10. express which~ eons~nv shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and obligations of Metricom hereunder to a parent, subsidiary, successor, or affiliate shall not be deemed an assi~ment for the purposes of this License. 11. ABANDONMENT AND REMOVAL. 11.1 lnthe event that the use of any Radio within the CITY-'s rights of way or a portion thereof is discontinued for a continuous period of twelve (12) months, Metricom shall be deemed to have abandoned that property. !1.2 CITY, upon:such t~tms as CITY may impose, may gi~-,.Metrieom pemaission to abandon, Without removing~ any System facility or equipment laid, directly constructed, operated ~ under or over the fight of way. Unless CITY~, Metricom shall Property to substantially equipment~ere installed, so as not its plant, structures and equipment, -or on behalf of and places in utility wires, and reasonably indemnity security fund provided for Section. I1.3 11.4 11.5 License is granted, or upon its earlier such case withom above-groumi portions of its reasonable period eighty (I80)days. Metricom ,may, with the consent ot~the CITY, abandon any underground property ~:place.so long as it does not m~terially interfere with the use of the CITY's street or rights~o~way in which such property is located or ,with the use thereof by any public.utility or other licensee or franchisee. 10 11. MISCELLANEOUS PROVISIONS. The proxasions which follow shall apply generally to the obligations of the parties under this License. 12.1 Nonexclusive Use. Memcom does not on or Other provision severable Each party ~_,,, illegal, - 12.4 (24) removal of the 12.5 ~and construed by its parties Seventeenth in the United 12.6 s' fees, by the tito~ the parties to this 11 12.7 Consent Criteria. In any case where the approval or consent of,ne party hereto is required, requested or othen~iseto be given under this License, such party shall not unreasonably delay, condition, or withhold its approval or consent. 12.8 Representations and Warranties. Each of the parties to this Agreement represents and wan'ants that it has the full right, power, legal capacity, and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in section 3.2 above. 12.9 12.10 Entire Agreement. This License contains the entire understanding between the parties with reSPect to the subject matter herein: · .There are-nq~representations, 1 or written) between o~ among the ~ the subject matter of this License which are not fully expressed 12.11 Records. /f the Florida Public Records Act is applicable to Metrienm, Metricom s~ ~eserve and make available all records and documents pertinent to this Agreement in accordance~ With the requirements of Chapter 119, :Florida Statutes. In additiOn, Metricom shall preserve and make available to CITY all financial re.~ords, supporting dqcuments, statistical records, and any other documents pertinent to this Agreement for a period of time as required by the Public Records Law or for a period of four (4) years after termination of this Agreement, whichever is longer, or if an audit has been initiated and audit- findings have not been resolved at the end of these four (4) years, the records shall be retained until resolution of the audit findings. 12.12 No Property Rights. This Agreemem shall not be deemed a lease of any CITY property for the use permitted hereunder granting Metticom any property fights or leaSeh01d interest, but rather a license to use and occupy the respective rights of way under the terms and conditions stated herein. (Remainder of page intentionally left blank.) 12 IN WITNESS Wl~REOF, and in order to bind themselves legally to the terms and conditions of this License~ the duly authorized representatives of the parties have executed this License as of the Effective Date. ATTEST: APPROVED AS TO- FORM: WITNESSES (or ~orporate seal): METRICOM, INC~, ,a;p~laware Corpomt~o By: (name typed) Date: KLE:Sw \XJGCDE_FSkLIBRARY~ 1990\900182.BB~.GMT~Boymon - Lease w Met~e0m 3-21-00 BLACKLINE.doe Dr~i~No. ! [3-15-001 [3-21-00]['3-29-001 13 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina: Form Must be Turned Meetin~ Dates in to City Cl~rk's Office [] March 21. 2000 March 8,2000 (5:00 p.m.) [] April 4. 2000 March 22. 2000 (5:00 p.m. Requested City Commission Meefin~ Dates [] May l& 2000 [] June 6. 2000 [] June 20. 2000 [] ApnlI8,2000 April 5. 2000 (5:00 p.m.) [] May 2. 2000 Apfillg, 2000 (5:00p.m.) [] JulyS. 2000 IV-CONSENT AGENDA ITEM C.8 Date Final Form Must be Turned in to CiP, Clerk's Office May 3, 2000 (5:00 ~.m. May 17,2000 5:00 p.m.) June 7. 2000 (5:00 p.m.) Jtme2] 2000 5:00p.m.) NATURE OF AGENDA ITEM [] Adm/m~trative [] Consent Agenda [] Public Hearing [] Bids [] Development Plans [] New Business [] Legal [] Unf'mished Business [] Presentation RECOMMENDATION: To release cash bond for $ I 0_654.23 to Bo.vmon Beach Development Associates. L.P. EXPLANATION: On November 16, 1998, the Building Division sent to the Finance Department a cash bond for $10, 654.23, which was for the completion of landscaping and irrigation that was part of the off-site improvements associated with the Boynton Commons Shopping Center project. The owner of the off-site land is now Wal'Mart. The responsib/lity for the installation of the landscaping and irrigation is now part of the required improvements for the Wal'Mart project. The Planning & Zoning Division has approved the improvements and the permit has been issued to Wal'Mart to install the landscaping and imgation. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Development Department Name 'ty Manager s Sffgf~atatre City Attorney Finance / Human Resources Attachment/copy of check XC: Permit files ~,97-4259 & ffO0-0286 J:\SHRDATA\DevelopmentkBuilding TemplateskAgenda - Bond Release.dot posted cash project known completion of WHEREAS, Wal'Mart, and landscaping improvements RESOLUTION NO. A RESOLUTION OF OF ROG- CITY COMMISSION OF FLORIDA, SURETY TO L.P., FOR THE SHOPPING AN the developer of this parcel, previ.ousty sureny in the amount of $10,654.23 for the as Boynton Commons Shopping Center, for the landscaping and irrigation; and the owner of the off-site land is now the the required the responsibility for the installation of and irrigation is now part of for the Wal,Mart pro3ect; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CI~YOF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, amount Associates, Shopping Center. Section 2. That this effective immediately upon passage. hereby approves the release of the cash sureny in the of $10,654.23 to Boynton Beach Development L.P., for the project known as Boynton Commons Resolution shall become PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) day of July, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner 3H 757-368-4~30 1435 CROSEWAYS BLVD., STE. 30(3 A ~ - ...., f~ 14D(O CHESAPEAKE, VA 23320 - ~-141/~10 PAY TO THE FOR CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IV-CONSENT AGENDA ITEM C.9 [] M~y 16, 2000 ~)~ July $, 2000 May % 2000 ():00 p.m.) May IZ Jure 21, 2000 {$:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDAI'ION: lVlotion to aecep~ letters of~edit ri'o, BA-436 and BA-~7 from ~nk A~n~c ~ ~e amount of ~,8~ and ~44,300 ns sn~y for ~a construe~on of the potab~ wa~r and ~ani~. s~er sy~ms at the proj~ts kno~ as Lester PUDP~ 4 ~d Plat 5, ~ely. EXPLANATION: The surety is in the amount of 1 t0% of the water and sewer improvemems to be constructed in erich plat. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. Surly for platted subdivbions is required by City and Count~ regulations. Depan~cm'Head ~ Signature Dep~nent Name Cily Attomg.v / F~;~ce / Human Rcsour~s XC: Peter Mazzella (w/atmchmen0 Finan~ Dept. (w/orig~ leRem of~e~0 Ci~ A~o~y (w/~en0 File RESOLUTION NO, R00- A RESOLUTION OF THE O'1 Y COMMISSION OF THE CITYOF FLORIDA, APPROVING AND ACCEPTING TWO OF FOR THE KNOWN AS the ( of Boynton Beach, upon :'Credit (Nos. ~ BY THE Cl'TY CX)MI~SSTON OF THE in as surety for completion of on-site and Project known as Cascade Lakes. Section2. That this Resolcrtion ,shall passage. . PA~SED ~D ADOPTED ~is day of July,2000. OTY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner City Clerk (Corporate Seal) become effective immediately upon Afl .o~. uemauclem~l~im'.sof~l~o~bnl ~.c Smzlby t.~or of(::zcdit No. BA-437 remmn d.) same. This ~ f(xms in hMgnl pa~ ofY. Gu~ of Crcdi~ No. I~A-4'~7 end Senior¥i~ May 10, 2000 BENEFICIARY: City of Boynton Beach HIREVOCABLE LETTER OF CREDIT Amount: $2441300.00 Date of Expiry: May 10, 2001 Place of Expiry: BanlcAtlanti¢, 1750 E. Sunrise Blvd., Fort Landerdale, FL 33304 Letter of Credit Number: BA-437 We establish our Clean Irrevocable Letter of Credit No. BA-437, dated May 10, 2000 in your favor for the account of Cascade Lakes, Ltd., 6561 Cascade Isles Boulevard, Boynton Beach, Florida 33437 against the.~ and conditions described below accompanied by dra~ drawn on Fort Lauderdale, FL 33304 and Drawing(s) may be presented at BankAtlantio, a Federal Savings Bank, 1750 E. Sunrise Blvd, FL Lauderdale, Florida 33304, attn: Commercial Loan Operations. This Letter of Credit is issued for completion ofthe on-site and off-site sanitary sewer and water distribution shown on 98-204E, pages one (1) thru ten (10) of the plans by the W antman Group tiffed water and sanitary sewer plans, Lester PUD,~Plat 5, dated Januaryl0, 2000. Drafts drawn under this credit must indicate: "Drawn under BaukAtiantic, a Federal Savings Bank, Letter of Credit No. BA-437, dated May 10, 2000. DOCUMENTS REQUIRED: 1. Original BankAtlantic Letter of Credit No. BA-437 2. Beneficimy's signed statement as follows: "An Affidavit signed by an authorized agem of the City of Boynton Beach indicating that the amount drawn represents the total cost to complete the on-site sanitary sewer and water distribution for the project known as Lester PUD." FDIC BankAflantic Letter'of Credit No. 437 Page 2 It isa condition of this Letter of Credit that is shall be deemed automatically extended without am.ea. ,dment.for one year ,from the prese~..t, or any future expiration date hereof unless at least sixty (60) days prior to such date w~ shall notify you in writing by Ce//ifiedM.ail., Return Receipt Requested, or hand delivery at the above address thst we elect not to consider this Letter of Credit renewed for such additional period. We hereby engage with you that drafts drawn and presented in conformity with the term.~ of this credit will be.duly honored. PaYment will be m~_de VIA check in the name of Beneficiary listed above, and will be mailed to the Ben¢fic'mry address listed above. Exe .?t as otherwise expressly smtad herein, this credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of C~nmerce Publ/cation Number 500. As to matters not covered by UCP, this credit shall be subject to and governed by the laws of the State of Floricla. This letter of credit is enforceable in a court of competent jurisdiction in Palm Beach County, Florida. BankA tic, a Federal Savin Bank Exemtive Vice President LC404.1wp FROM : CiTY OF BOYNTOf4 BCH UT!LITIES FP.X k'O. : 5617426298 Jun. 21 2I~ ~2:38PM PI II LTl). NO. ONE ti): of' Cn~dB No'. ~A..436 RO. Box 8608 Ft. Lauderdale, FL 33310-8608 (954) 760-5000 IRREVOCABLE LETTER OF CREDIT May 10, 2000 BENEFICIARY: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33437 Amount: $288,800.00 Date of Expiry: May 10, 2001 Place of Expiry: BankAtlantic, 1750 E. Sunrise Blvd., Fort Lauderdale, FL 33304 Lettcr of Credit Number: BA-436 We establish our Clean Irrevocable Letter of Credit No. BA-436, dated May 10, 2000 in your favor for the account of Cascade Lakes, Ltd., 6561 Cascade Isles Boulevard, Boynton Beach, FloriOa 33437 against the terms a~.~d conditions described ?lowaccompanie{1 bY drafts drawn on Bank~tlantic, ,a Fede?r~ ~ Savings Bank, 1750 E. sunrise ~lvd, Fort Lauderdale, FL 33304 and which bears thesignamr~ of Utilities Director of Boynton Beach. Drawing(s) may be presented at BankAtianric, a Federal Savings Bank, 1750 E. Sunrise Blvd, Ft. Lauderdale, Florida 33304, attn: Commercial Loan Operations. This Letter of Credit is issued for completion of the on-site and off-site sanitary sewer and water distribution shown on 98-204C, pages one (1) thru ten (10~ of the plans by the Wantman Group rifled water and sanitary sewer plans, Lester PUD Plat 4, dhted January 10, 2000. Drafts drawn under this credit must indicate: "Drawn under BankAtlantic, a Federal Savings Bank, Letter of. Credit No. BA436, dated May 10, 2000. DOCUMENTS REQUIRED: 1. Original BankAflantic Letter of Credit No. BA436 2. Beneficiary's signed statement as follows: "An Affidavit signed by an authorized agent of the City of Boynton Beach indicating that the mount drawn represents the total cost to complete the on-site sanitary sewer and water distribution for the project known as Lester PUD." FDIC BankAtlantic Letter of Credit No. 436 Page 2 ~nd Marcia K. 1 LC404.1wp Requested City Commission Meefin~ Dates [] March 21, 2000 [] April 4, 2000 [] May 2, 2OO0 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 8, 2000 (5:00p.n~) March 22/2000 (5:00 ~.m j April 5, 2000 (5:00 p.m.) Ap~I 19, 2000 (5:00 p.m.) Requested City Commission [] May I6~ 2000 [] June 6, 2000 [] June 20, 2000 [] July5. 20O0 IV-CONSENT AGENDA ITEM C.10 Date FinaI Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.. May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m.j June 2l, 2000 (5:00 p.m.) NATURE OF AGENDA ri'EM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UmSn/shed Business [] Announcement [] Presentation RECOMMlgNDATION: MOTION to approve an addendum to extend RFQ#047-1210-99/CJI) for the "ANNUAL CONTRACT FOR TOWING" to various Towing companies for an additional year w/th ESTIMATED EXPENDITURES OF $34,000.00. CONTRACT PERIOD: JULY 5, 2000 TO JULY 4, 2001 NEW RFQg081-1210-00/CJD EXPLANATION: At the Conmussion meeting of May 20, 1997, a Certificate of Qualification was issued to six (6) tow companies based on a rotation schedule~ Since 1997, there have been a number of complaints about Murphy's Towing whicli have been documented by the Police Department. The remaining five (5) companies have performed satisfactorily and have agreed to an addendum to the original contract which will extend their service for an additional year. The current comxact expired on May 20, 2000, however, provisions within the contract allow for an addendum to extend it. See attached letters from the five (5) towing companies accepting the addendum to extend the contract fbr an additional year. PROGRAM IMPACT: The purpose of this bid is to establish annual f'med prices for the Towing Rotation Program used by several deparmaents vathin the City. FISCAL IMPACT: Ftmding for the towing services is allocated in the following budgets: Descrimion Other Contractual Services Other Contractual Services Account Number 501-2516-519-49-17 001-2110-521-49-17 Deputy Director of Financial Services Procurement Services Deparmaent Name cc: Matt Immler - Police File $ 30,000.00 4,000.00 City Attorney / Finance / H-trna an Resources S:~B ULLETIN~ORMS~a, GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BoYNTON BEACH~ FLORtDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OF DING AN and Leas e: T to bein[ NOW, BY THE CITY COMMISSION OF Commission Exhibit "A" ~ of Boynton Beach, Florida ; to execute an Addendum Beach, said Addendum shall become effectve immediately upon PASSED:AND ADOPTED this day of July, 2000; CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:Reso~Agr~Towing Amd062700 Coulzac~ ~tm~*wa/P~ioS: ,M.~¥ ~ 2~00 TO l*/tA'i, 1~,. t.~e. NAME OF BID: ONE YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM BID#: 047-1210-99/CJD Towing Services Agreement between the City 0f Boynton,Beach, Owner;, and BECK'S TOWING (Company's Name) .... , :~ Contract Renewal Period: MAY 20720gOTO MgiY t9, 200 , Yes,:I a~e~ re,the; to e~te~i~ e~-~g c0ntract fo~ one (1) , addifion~d~me~ ~n~t~ons, ~d ~.~e to submit . ceffificare ~ee~b~ ~ ~:~ a~eem~t ~d w~D nme the Cit of Boston Beac~h~ad&fion~4~s~e . ' · ~ No, NX~vlE OF COMPANY NAME OF REPRESENTATIVE (please print) DATE ~o' renew the, co~tract at:tl~. ~s time.. SIGNATURE TITLE ~(ARBA CODE) + TELE?~OI'~ NUMBER Revised 2/10/97 NAME OF BID: ONE YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM BID#: 047-1210-99/CJD Towing Services Agreement between the City of Boynton Beach, Owner; and ZUCCALA'S WRECKER SERVICE (Company's Name) NAME OF COMPANY Contract Renewal Period: MAY 20, 2000 TO MAY 19~ 2001 Yes, I agre~ to the addendum to extend the existing contract for one (1) / additional year under the same Terms and Conditions, and agree to submit a Certificate o£Insurance along with this agreement and will name the City of BoYnton Beach the additional insured. No, I do not wish ro renew the comract at thistime. / NAME OF REPRESENTATIVE (please ptint) ~TIYLE E (2151 VED JUN 5 2{;00 DE. PT, Revised 2/10/97 NAME OF BID: ONE YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM BID#: 047-1210,99/CJD · ~, ' ~ ' h Owner; and Towing Servmes Agreement between the Czty ofBoynton Beac, EASTERN TOWING ~ e {Company s~am ) Idly 8 1 2000 Yes~, J. ag~ee~tb ~e ad~eadum,~0,~x~end the existing contract for one ( 1 ) addition" al y:~[er ~, ~ , ~ 5~-hs and COnditiOns. and.agree to submit :;',~2~^~¢~ ~,i~,:~il~'n~:Crith tlii§ anreement and will name the City of Boynto~ B~ach ~e adflltlonal ~nsured. No~ [do not Wish his time. NAME OF COMPANY N~ME OF REPRESENTA"~IVE (please print) TITLE (AREA CODE) + TELEPHONE NUMBER RECEIVE UA¥ 81~ Revised 2/10/97 NAME OF BID: ONE YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM BID#: 047-t210-~9/CJD R CEi VED Towing Services Agreement between the City of Boynton Beach, Owner; and JUN 9 7000 EMERALD TRANSPORTATION PUf~C,~AS~t~G DEPT. (Company's Name) ' B ~ Contract Renewal Period: MAY 20, 2000 TO MAY 19, 2001 Yes, I agree to the addendum to extend the existing contract for one (i) additional year under the same Terms and Conditions, and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach the additional insured. No, I do not wish to renew the contract at this time. NAME OF COMP'ANY NAME OF REPRESENTATWE (please print) TITLE DATE (AREA CODE) - TELEPHONE NUMBER Revised 2/10/97 C TOWING SERVICES AGREEMENT 1997 AGREEMENT Revised 3/18/97 AGREEMENT THIS IS AN AGREEMENT, dated the day of ,1997, between: THE-CITY OF .BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and , hereinafter referred to as "TOW CONTRACTOR". WlTN ESSETH.-. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set'forth, CITY and TOW CONTRACTOR agree as follows: 1. SPECIAL TERMS AND CONDITIONg 1.1 RATES. The rates herein have previously been established and approved by the Boynton Beach City Commission and will remain firm and fixed for the term of this Agreement. The rates Charges by TOW CONTRACTOR to provide all labor, tools, materials, and equipment shall not be greater than the applicable maximum rates as provided by this Agreement. 1.11 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: ;TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,000 GVW1 within City limits; $75.00 per call (2) Motorcycles within the City limits; $75.00 per call (3) Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less; an additional $2.00 per towed mile from the City limits 1997 Tow Conuac~.3\ 18\97 1 (4) Class B (vehicles 10,000 to 30,000 GVVV) within the City limits; (5) Tow ng outs d~ the City limits (6) (7) (8) Class C vehicles (over 30,000 GVW) within City limits-; C ass C vehicles eutside City limits; Additional time at the scene after first hour,' per ~/2 hour ~ thereafter (apPlied to ~.1i vehicles, cars, vans, ~d trucks under and $125.00 per call City limits $150.00 per call (9) Tarp fee Lowboy service Outs de the City limits Underwater recovery salvage divers 1997 Tow Contract3\18\97 2(C). $75.00 for the first hour; and $30.00 per half hour thereafter $35,00 per call $120.00 per hour an additional $5:00 per towed mile from City limits Sh25.00 for first Our or part thereof, and $31.00 for each additional 1/4 hour or part thereof. (10) For purposes of this Agreement, when CONTRACTOR is entitled to additional charges based on time spent at the scene, unless otherwi,se specified, CONTRACTOR shalLapportion ~the charge set forth herein to be consistent with the actual time spent on the scene. (B) STORAGE AND LIEN NOTICE (1) Cars, vans, trucks under 3/4 ton Ins!de storage $20.00 per day $25.00 per day (2) Trucks and vehicles over 3/4 ton Outside., $30.00 per day $35.00 per day (3) Motorcycles Outside, storage $10.00 per day $15.00 per day (4) and under) $17.00 perday $22.00 perday (5) Boat and_Eailer (over 21 feet) $30.00 per day (6) Lien notice (after 24 hours of storage) $30.00 per vehicle Pe.r Florida Statutes, ~no storage fee sha .be charged to the vehicle owner for a vehicle stored less than six (6) hours. "Per day" shall be defined as a twenty-four (24) hour period or any part thereof. (C) VEHICLE RECOVERY The following veh cie recovery fees may be charged to the vehicle owner when the vehicle is overturned, embedded in sano, mud, or water, or requires more than a single I~ook~up; (1) Class A and B wrecker on the scene; 1997 Tow Contract.3X 18\97 . 3 $60.00 per hour 1.12 (2) Extra man [each) on the scene $35.00 per hour A vehicle recovery fee shall not be charged to the vehicle owner in conjunction with Sect on 1 11 (A) of th s Agreement. ~ver 3/4 ton, a road hicle owner for services tire changes, etc. All CI~TY, owned o wrecker will be towed i indicated in Section:t; B. Al service as services at fifty ( ilCLES ~A" ; "A" rate, as ton requiring road Nill receive such C. AIbvehicles department or in any as :(50%) percent of the contract All vehicles towed at the request department of CITY in connection to (50%) percent of the ~ of the contract rate, or any other be towed at fifty / (50%) percent this Agreement. 1.15 F. C ty shall not be assessed any waiti,ng t me ~h~ges, whatsoever. SPECIAL! AND ADDITIONAL CHARGES :' ,- A. WAITING TIME. The ~ CONTRACTOR until sixty (60) TOW B. LABOR CHARGES. 1997 Tow Contmct.3\l 8\97 4 "nstances and when sixty (60) minutes have expired after arrival at the scene. Labor charge must be clearly shown on the tow receipt with a written explanation of the labor charge, LABOR CHARGES PROHIBITED. The cost for labor shall not be assessed to CITY or Customer under any circumstances for the clean-up and removeJ of vehicle parts and debris, regardless of the labor and time necessary to complete c ean-up and removal. . TOW CONT, RACTOR agrees that the mere response to =cene withou~:0ther action ~oes not. constitute a service for which charges may- be assessed to the vehicle owner. 'ANDADDITIONAL CHARGES. document in detail on the tow receipt the performed for assessed agrees tha~, ~, the special or additional vehicle owner or that the City on the and that TOW designee. 1.2 AND AWARD PROCEDURES of qualification Shall be granted ~o the best respons ble the .specifications set forth ~h:erein, which serve the Cdteria: :the ability of the applica~ to provide ~e required services with regard to the exte~nt a~nd condition o~! equipment and facilities, record keeping proCedu~, competency of s~aff, financia support, and exceptions t~[k~a ~to contraCt~','~rmS, conditions and specifications; experience qualifications, tran ng and past pedormance of each p oposed towmg ce,mp~ys owners and officers, and persons directly involved in ~,anagfng the service on a regular basis; Cc proposed 1997 Tow Contract.3\ 18\97 by CITY or Palm Beach County :misconduct on the part of the such as' excessive charges, poor extensive involvement tn and shall weigh heavily against each applicant. Evaluation of applications will be conducted by a committee of City staff who ,' applicants cUpOn the ommittee~ 1.3 C= shall be basis in Palm able to similar services must have been jpport, required tllat TOW ranted a Co ~1997 Tow Contract.3~ a particular 3reparation costs herein shall be company as Commission. within the the proposal is shall be in full ned as TOW and expense, if codes, regulations n Beach County, the State of Florida, the Unitea States of America, and any and all governmental agencies having jurisdiction over the providing of services as contemplated in this Agreement. TOW CONTRACTOR must maintain at ail times during the term of this Agreement a Palm Beach County Towing License required pursuant to Palm Beach County ,Ordinance 94-2. Proof of said license shall be submitted prior to the approval of thisAgreement. TOW CONTRACTOR shall be licensed to do business in the City of ~ BOynton Beach pursua:nt to Chapter,13.of the Boynton Beach Code of Or~linances. At all times during the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances:~shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. 1.4 APPLICATION REQUIREMENTS. All applications, shall be submitted as specified on the application pages. Any attachments must be Clearlyidentified. To be considered, the applicatiot~ must respond to all parts of the RFP. Any other information thoughtto be relevant, but not applicable to the enumerated categories, should De provided as an appendix to the proposal. If publications are supplied by an applicant to raspond to a requirementl, the response should include a, reference~ to the document, number and page number. This will provide a quick reference-for the evaluators of the.~application, Applications failing to provide this reference will be considered to have no reference material included in the additional documents. ALL SUBMITTED MATERIALS BY PROPOSED TOW CONTRACTORS MUST BE TYPED, NO HANDWRITTEN MATERIALS WILL BE ACCEPTED. ANY HANDWRi ~ I~N APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMA TICALL Y DISQUALIFIED AND WILL NOT BE CONSIDERED. 1.5 GENERAL SPECIFICATIONS. A. TOW CONTRACTOR shall maintain-and have available at all times for ~nspection by authorized CITY personnel, detailed records of all services rendered relative to the subject Agreement. B. TOW CONTRACTOR shall furnish towing service for the removal of vehicles Within the City of B0ynton Beach whet required and when 1997 Tow Contract.3\18\97 7 1.6 dispatched or required by the City of Boynton Beach Police Department (or other CITY authorized representative in the case of city-owned or city leased vehicles). Such servicesshatl be ma(~e available on a twenty-four (24) hour basis. CITY only for calls oy the Po ice Department. ' :. ? ; within the meet the the street E.~ ' service up · for 'oration lists, as follows: L st (mandatory for all~ Class "A"/"B" tow (first-party) and. be in possession, two~ (2) CLASS "A" following specifications: 1 four (4) tor~ capac ty, with a and equipped with a /chains. e ' ~l'to.four (4) tens. ~ capac~t~y ,of at ~least feiar (4) tons. At least O~e hundred (100) feet ~ 3/8-inch thick (or greater) cable ,with an end~hook. ~ ,. 1997 Tow Contmct,3\l 8\97 · (4) ton winch pulling feet in length, and at least fifty (50) feet of 3/8 inch cable. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "B" TOWING/RECOVERY VEHICLE, which Shall be flatbed or slide-back, that is mounted on a 23,000 pound GVVVR chassis and equipped with an eight (8) ton winch. Should TOW CONTRACTOR desire to be placed on the Class "C" wrecker rotation list, TOW CONTRACTOR must, own, lease (first-party) and be in possession, or mortgage and have immediate access to at least TOWING/RECOVE.RY~VEHICLE with the following Large wrecker with at least twenty-five (25) ton capacity, a GVVV rating, of at least 25 000 pounds, a cradle or tow plat or si lng, and safety chains or wheel lift capability. 2. An extendible boom with a capacity, of at least fifteen (15) tons; A twin power winch with a pulling capaci~ of at least twenty-five (25) tons. 4. At least Two hundred (200) feet of 5/8 inch thick cable. 5. Air brakes with an auxiliary air supply. Class "C" TOW CONTRACTORS must have the ability to tow an aerial fire truck that is approximately64,000 pounds GVVV, and any sanitation truck. TOW CONTRACTOR shal own, lease, or mortgage and have ~mmediate access to at least one (1) motorcycle trailer. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: Operating clearance and marker lights, as well as any other equipment required by Florida Statutes, or any other laws or codes governing tow and recovery vehicles; 2. There shall be a rotor beam or strobe light, that is amber in color and mounted on the~ wrecker in such a manner that it can be seen from the front, rear and sides of the vehicle; 1997 Tow ContracL3\l 8\97 9 3. One (1) heavy-duty push broom; '- ~,~5 -One¢(,1) flat,nose sh~ovel;~ 6. One (1) ax; crowbar' :~:: 8..~:.~ ~,A~!i~ine ,(.l);,~fiv~(5)~p~und Carbon di0x[de fire exbngu~sher w~h a~ C~i'ren~ insp~[0n tag. The fire~b'~h~aiff=her must be an approved?pa; 9. 10. 11. 12. One. (1.)~seti~f. . jumper cables;. One (1) foqrrwait lug wrench; One (1) high-intensity f ashlight 13. One (1)'set of red highway reflectors; 14. Five (5) thirty minute flares; 15. Each wrecker and' tow'vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the driver and the office of TOW CONTRACTOR; and 16. Each~ vehicle shall be specifically designed, constructed and equippeo for the towing of vehicles, and shall at all times, be properly maintained in a mechanically safe condition. To be awarded and to maintain a certificate of qualification, a Class "A"/"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification .is awarded and for the duration of this agreement at, least two (2) Class "A, wreckers, and one (1) Class "B" wrecker. H. TOW CONTRACTOR sba have available at all times, sufficient equipment ~o perform all services required herein on a timely and responsible' basis. TOW CONTRACTOR shall notify CITY in the event 1997 Tow Contract~3~l 8\97 10 any of the required equipment, as set forth in this Agreement, is inoperable, sol(~, levied upon, repossessed or attached. 1.7 STANDARDS OF CONDUCT FOR TOWCONTRACTORS. A. TOW CONTRACTOR shall comply with all laws, rules and regulations of any governmental agency having jurisdictiorn in the premises, including but not limited to, licensing and minimum safety requirements. Co TOW CONTRACTOR shal be the holder of a general towing and wrecker service license issued by Palm Beach county and shall be the holder or any licenses required by Florida law and theCity of Boynton Beach. Eac,h..wrecker shall be manned by a ~driver who must meet the following qualifications: Possesses a valid State of Florida requi~ed Commercial Drivers License (CDL); 2. Pos:sess knowledge of the layout of streets and roadways within the City of Boynton Beach; and ¸. Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. TOW CONTRACTOR shall ensure that each driver operates the company's equ pment in a safe and proper manner in accordance with operating manuals andFlorida Statutes. Upon receipt of a complaint from tl~e city of Boynt0n Beach Police Del3artment on a driver's unsafe, unlawful o[,~ improper operation, documented corrective action must be taken by TOW CONTRACTOR. 1.8 STORAGE FACILITIES. TOW CONTRACTOR shall ma ntain a storage facility for all impounded ve'hicles. There sEall be an outside, enclosed area and an inside storage area. All facilities shall be located within the city limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. 1 OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to maintain office facilities: a. to include telephone and restroom facilities, and a work area containing, for example, a desk, phone, facsimile machine, 1997 Tow Contract.3\I 8\97 . 11 b= computer, etc.; with a physical plant having the name of the company and the rs a day, 7 d. that it ail times, are OUTSIDE .STORAGE a. Outside storage shall be kept 'Ahd ~mai:ntained to provide for the removal of all fence line and on water. top of an enclosed solid wall feet in height, the doors, or roofed (12) inches access shall be repaired within The area must have;~ five [25) accident -tows it least twenty- for evidence ten and may be utilized 3. INSIDE STORAGE, h gh ceiling; 199~ Tow Contract.3\l 8\97 12 3f :storing up least one (1) cations: eight (8') foot b. a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. CRIME SCENE, CONFISCATED, iSPECIAL "HOLD" STORAGE" a. Any vehicle towed or stored as a result-of the marked "HOLD" relativete a crime scene investigation shall be handled with gloves (i.e. cloth, rubber or leather) by the wrecker operator. Crime scene vehicles shall be ~stored to prevent physica contamination ~ or degradab e ev dence from deteriorating, anti by shall Surrender: the tow and fee to the ne~. Contractor in rotation. This shall not prevent CITY from removir~:the,vehicle or trailer and stortng il; at a City-owned or,controlled facility or at another Tow Contractor's storage compound. If laboratory work on a crime scene vehicle is required and the vehicle must be processed at the City of Boynton Beach Police Headquarters; the crime scene vehicle shall be transported to the City, designated location. Vehicles: which have been marked "HOLD" by the Police Department shall be stored at such compound for whatever period of time necessary, in order to properly process the vehicle and conduct any investigation necessary. Confiscated vehicles or vehicles involved in litigation shall be from~ preferably, at an inside storage vehicle in its (~ondition at the time of towing. This shall not prevent CITY from removing the vehicle ami stodng the vehice at a C,ity owned or controlled facility or at another Tow Contractor's facility. City of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. 2.0 PERFORMANCE PROBATION PERIOD, A. A contractor awarded a Certificate of Qualification will be subject to a 1997 Tow Contrac~3\ 18\97 13 B~ three (3) month probationary period. Dudng this time, the contractor's performance will be evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City of Cih itten the within ¸2.5 -I suspend activities of recommend to the City recommend to the erminated. 2.1 ,in 2.2 th~ ~J the .him/her by City staff, the City Manager may which A n violati0~ of the terms of this ~e Certificate of ~ropriate under ~ed~by this Agreement and Holder (TOW Holder of the termination of and to the date of as a result of the 1997 Tow Contract.3~l~'O7 · the Certificate of I'OW CONTRACTOR, Commission for CITY. 2.3 2.4 COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR's duties under this Agreement and otherwise shatlbe referred to the City Manager of the City of B~ynt0n Beach. The fall.ute of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regardi.ng-any complaint will be considered a material breach of this Agreement and the awarded Certificate of Qualification, and shall be cause for termination thereof. REPUTABILITY. and s A. ~ a Cert ficate of Qua fication butJnot be im ted to the following: =erning the conviction of any officer,l employee or been restored; when that person's c vi r ghts ~have not Retaining any offcer, employee or agent convicted ef any felony when t~hat per~'~i,~vil rightsi, h~.ve nbt bee~ restored; , officer, employee or agent cony cted of any fe ony or first ly related t~3 the business and/or operation of a ; civil rights have not been restored. For the offense involvingperjury, false statement :onsidered to be directly related to the business operation of:a wrecker. officer, employee or agent convicted, of the offense of influence of alcohol or any other controlled substance to normal faculties are impaired; of the offense Of driving a an unlawful blood alcohol level; or of any other 2.5 SUSPENSION Shouh optio; of this the of nature 1 the COl time during the term of this Agreement, including during any be in violation of any of the terms and conditions his or her designated agent shall have ~ until the violation is resolved to the satisfaction ; violation is not promptly resolved or is of such a serious spension is inadequate, the City right to recommend to the City Commission revocation of and termination of this Agreement with TOW [5 Should at any time during the term of this Agreement, including during any opt on terms. TOW CONTRACTOR or its principals become the subject of a any 2.6 leased, or lized by TOW 3n at all 2.7 TOW Each tow truck recovery vehice anti a. ~qa!ip~e~ is subject to in~p~etiort'b~/CITY.o~' its~ desigri-ee ~ g!!.' t~.'~t~r e term of th~s Agreemem. " - ' ' '~'" ' ' Re 'Veh' cie"O[ TOW-~GON~RAC~QB~ ~11 ~u~,~ an emergency vebmle except: when~ the ~c~rcumstan~s~s~{~'~ ,U~f the vehicle n ihat manner ( ,e. flashing i~ghts are ~:: be. Us~ ~h~ necessa~). buildings, or P 2.8 SITE ~ TOW ,( toWed~ sidewalks, 1997 Tow Contract.3~18~,97 · 16 of the street, proper place for disposal if the accident scene is, wil or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreemen[ for the clean-up of hazardous wastes, chemicals, construction debds and spilled loads. 2.9 EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, provide to the city of Boynton Beach Police Department the following information on all officers, employees, agents, and servants keeping the infi~rm~.tion accurate and current: license number, social Security number, and agrees that the owner(s) of the company or the officers Of the company, if a corporation shall be~.pers~nally respOn~ib ~ for the acts of :their e~nploYees, whi e said ' CONTRACTOR: further acknowledges and ~, TY may run dr~vers hcense histories on any driver at an3 cause. 3.0 [JNDER DIFFERENT NAMES ~ is submitted byany one proposer, by or in partner, or other persons and it is ned by CITY staff that 'such aPPlicant is-under Single, identical, or all such applications will be rejected. ) ~s not revealed until the contract for revocation of the this Agreement with TOW )R. 3.1 RESPONSE TIME. A. TOW CONTRACTOR Shall, at'the request of the CITY Police Department or other CITY official requesting tow truck service at an, y time of the day or night arrive a~t the scene ~ith the appropriate equipment wthin the f011o~ing time lim t depend ng uPon the v~hicle class r~quested: CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request TOW CONTRACTOR assumes all liability in meeting the required class response time, including but'n~t limited to, any and 'al damages resulting from traffic accidents and motor veh cie infraction fines occurring after the response time limit has expired. 1997 Tow Contract.3\18\97 I7 C. In the even[ TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the serwce shall document the .antime iness,-an,d~;[o~wa~rd said ~[it ,ng to the Ag,r~ementAdministrator. D. The following penalties shall apply should any fail to respon(: ~t ih n the blass re~,p0nSe time set :forth:.Jn; of th s Agreement: CITY TOW. ~CONTRACTOR may. appg.a.'!~;~ suspensiglr~:: of:~q (:~ ~onths or ' ': ' ' i ' C~mm SS~oh, ~,if~TOW. C AG~DR~ show by more ~ the C~ ~ ~ ~., ~,~;~ ,,.,~;,,::, ..~., ~: ....:~:, Subst~n~t ~1.~ ~nd ~comp~nt, ~ev(d¢~9 ;,~h:aL ce~6g:. ;~ffCumstances ~y0hd ~O~,;CONTR~QTOR'~:~t~'caus~d .~t~, :..to timely '~e~po~ ;the ~b;Spens on,mAY be ri~A~ by;theC thi~ (30) appeal. Suspeos on.' City ~ ;ment and ~ requires 3.2 TOW or mortgage Agreement. secure vehicles, 3.3 owner ~provisions of. this Agreement that there is no obligation to 1997 Tow Contract 3\ 18',97 RS. ng a .certificate of qualification } repai.r and/or automobile paint and body repair provide written notification to the .-ntative of. the owner of the~vehicle towed under the have any 18 3.4 automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. TOW CONTRACTOR shall notify CITY in writing of any and all repairs completed on vehicles~ automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle, under the provisions of this Agreement. TheWi'itten notification to vehicle owner that there is no obligation to have TOW' CONTRACTOR undertake any repairs to the vehicle shall be included. INSURANCE REQUIREMENTS. A. TOW. C ,ONT~RACTOR s liability insurance p~hcles Shall name the CITY as an additional insured. During the.term .of this Agreement, TOW CONTRACTOR shall have in effect insurance with those limits specified in this Section. Copies of said insurance policy or certificate of insurance must be furnished to CITY's Purchasing Department and Risk Management Department ~mmediately after approval of Agreement by the City Commission. CITY may request proof of i.nsu~ce:or the name and phone number of insurer at any time during the term of the Agreement, and TOW CONTRACTOR must respond'with Said proof of nsurance within five (5) days of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requestee shad resu t in automatic susper~ibn?f the certificate of qua f cation and may~ be grounds for tern:iinati°mbf this Agreement with TOW CONTRACTOR. the ca[ II supply CITY with a Certificate of Insurance for ; as shown in this Section. A thirty (30) day favor of CITY shall be included in the Policy and all own cost and expense, shal keep in force at and:shall .maintain the fo owng durng the terms of this ~omprehensive General Liability Insurance w th minimum limits of dove,age cf..Five Hundred Thousand ($500;000.00) Dollars per incident 'COmbined single Limit for Bodily Injury Liability and Property Damage Liability 2. Automobile liability Insurance coverage i~n the minimum amount of Three Hundred Thousand ($300,000.00) DOllars per person/per incident and property damage coverage of One Hundred Thousand 1997 Tow Contract.3\ 18\97 · 1 ~ 3.7 storage. ACCESSIBILITY OF STORAGE FACIUTIES. .night, seven days a 3r any 3:8 LB. )ns and 3.9 upon agency 3roved by the execution of odic inspections the City to TOW remedy the reement may or suspended 3.10 not be 1997 Tow Contract:3\lg}~ - the prior wri 21 or trailer which has ;hall not mton Beach Al persons applying for release of the vehicle or trailer from TOW CONTRACTOR shall present adequate proof of ownership or right to possession. Upon release, TOW CONTRACTOR shall g~ve a receipt and itemized statement indicating all charges related to the impounding of the vehicle ar trailer to the owner or person entitled to possession; Rightful owners shaJ be able to retrieve their towed-vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a. day, seven (7) days a week, inc udin§ legal holidays, provided the appropriate r documentation has Dean filed: Any customer contacting TOW CONTRACTOR by telephone or otherwise pno!: to customer's arrival at the storage site shal .i be advised of the folloWing by TOW CONTRACTOR: .1..each and every document; or other item needed to retdeve vehicle; 2. exact charges at the time of:contact and any additional charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours anct days that the storage site is. open for regular business. If all matters are in order, customer shall be returned.to,possession of the towed vehicle or trailer within thirty (309 minutes of the request. 4.0 PERSONAL PROPERTY LOSS, A CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRACTOR shall hold CITY harmless as to any-claims, suits or actions alleging such loss or damage. Persona property found in vehicles or t~/lers that have been stored by TOW CONTRACTOR shall not be sold ord!sposed of in any way to defray any charges for storage or towing. B. TOW CONTF~CTOR shall be held accountable for all personal property and vehicle accessories inventoried at the time the vehicle or trailer is rowe0, while the vehicle is stored at TOW CONTRACTOR's storage 1997 Tow Contract.3\l 8\97 22 4.1 4.5 TOW facility, and while TOW CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW CONTRACTOR Shall make restitution to owner for all such losses occumng by theft, fire, or other damage. [o any location Police' Officer or of C. D. E. to' 5.0 A. 997 Tow Contmct,3\l 8\97 ~mastbe radio or limits. strong and is at no. time, be tuned into any police Federal :Communication :Cc remission (FCC) shall · · a ;hall, at all times, ,have competent employee(s) ,~m. Jr emergency telephone This service is in addition to A)-(D) above, and ~n provide timely and ~ week. weekly jest of the Police ~ supplied by CITY or tra'ler, 23 5. 6. 7. 9. 10. vehicle identification number; time, date and location of tow; circumstances requiring tow; whether or not a "HOLD" was placed on the vehicle by the Poi!ce Department; time dispatched to scene and time of arrival; storage facility where vehicle is stored; and the date, time and name of em ployee releasing the vehicle. In addition to the for each month, .TOW CONTRACTOR with a compete and detailed stored Police a period Of th rty (30) in writing to the vehicles CO~ Services related to CITY o~ned ;or leased vehiCles or:trailers shall be monthly basis to the such icgs%shall, identify the vehicle or location from which it was towed, and the hours and 3ONTRACTOR's services with, respect to those "service ticket" shall include the signature of the or trailer. a t by CITY, which then must be completed by TOW Eo cTOW CONTRACTOR sha maintain at ts place of-business records ontaining the'foJloWing information: 1. a vehicle storage receipt of each vehicle on the premises 2. a mon~hiy!log (~ all ca is for service by the Polic~ Department 3. a n~ifi~a~i~ log indicat/ng the date, t me a~d method of ' n0tifl~.ati0~.t0 ithe [eg stered0Wner of the stored vehicle or trailer; and 4. A . list of all veh cles towed, as well as each vehicle aS required by SectiOn 5.0(A) of this Agreement~ records of al servces relative to this Agreement 2. ToW CO~TRACTOR Shall make avallabe for 997 Tow Contract.J\l 8L97 .. 24 ' INSPECTIONS. 1. TOW coNTRACTOR shall maintain and have available at all times ,for :inspect on by authorized CITY personnel, detailed inspection by authorized CITY personnel the compounds and storage facilities required herein. In order to facilitate inspection and audits by authorized CITY to TOW ( to (3) 5.1 For, ......... '~lto~qn ..... ur o~s;' .... :;<TQW~ CONTRAC, ~TOR shall. Subm't~-to CITYs nth bas s,~ Io shee~deta ng each tow ~' e b ~'~W ~N~G ~OR du~ng,t~month,, ~S~.wel~ as ~e amount ~a~'~d~sew~ce g~en~r each ,tOw. A copy of the~ mvome for esch te~ S~aid ~ompan~t~emon~ly repo~., ~., ~ ~ 0f Section 5.0 of rotation until ~liance. Should )ns of this t recommending ~alification and including right- has the to C. 1997 Tow Contract3\{ 8\97 provisie ns set breach thereof after receiving t store the vehicle ti me TOW CONTRACTOR, has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. 5.2 NON-EXCLUSIVITYOF SERVICES. A. The owner or person:in possession of the vehicle or trailer which has been involved in an accident or which has been incapacitated in any other manne[ shall~.be given the Opportunity to contact a wrecker or tow company of his/her choice, .as long as the disabled vehicle does not create a hazardous condition and a reasonable response time ca~ be expected. Said person shalt also be given the opportunity to have the vehicleor trailer:towedto a garage or compound of his/her choice. fo¸ and storage to any or omissions. All vehicles and trailers towed under the request;of the'CITY, including but n .... ot bruited to the C~tys Polce Department, Code Enforcement Department, Public Works Department, Fire. Department, shall be governed by this section. 5.3 INDEMNIFICATION, AND HOLD HARMLESS CLAUSE., TOW CONTRAC~TOR shall defend, indemnify and save CITY, its agents, employees, and Police department harmless from and against any and all claims,-.suits,' ~bti(~nS damages or causes 0f act on whatsoever arising during the term Of this Agreeni~nt, Caused by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or damage to proper[y, sustained as a result of TOW CONTRACTOR's duties; and from all cos[s, attorm iabit t es.;. ,causes of action, investigations, and any admini 's ~rought therefrom and fro~ and against all oraers, =or decrees :which 'may .be entered therein. TOW CITY, its agents, employees and police 3 this section, and of In the event any litigation or other legal proceedings; shall arise from this Agreeme@t,. the.prevailing party shall be entt ed to reasonable ~,~erney's fees and all c~ts an~ expenses incurred therein. 5.4 997 Tow Contract.3\l 8\97 ~, hereby agrees and acknowleages that in the performance of ~his, ~ot discriminate, .or tolerate or permit discrimination on the basisi of race,: religion, gender, age, handicap, marital status, political affiliation, national origin, or otherwise with respect to its hiring practices and in 26 5.5 the performance of the terms of this Agreement. POSTING AND PROVIDING CHARGES OF SERVICES. 1. TO~ at in or 5.6 5.7 6.0 This regt~ forth t local laws, and as set to, any and all ~-a Florida shall not, be ~assigned,~Sotd,or~ransfe~ed in any Eave in its in trailer or TOW other than 6.5 pr 1997 Tow Contracr3~18'O7 :ovenant, condition, shalt be valid absent~:tl~e execution and av[dence of any in any unless ; set fo 27 6.6 ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operatons under this Agreement in a courteous, orderly, ethicat and businesslike manner. As it is recognized by both parties that this Agreement is sensitive in nature and requires TOW CONTRACTOR ~and ts personne and amp oyees to work with the public~ On a daily basi-S~ TOW CONTRACTOR is required to extend common courtesies, including but not limited to: Expedte release of Agreement; vehicle in accordance with the terms of this documents from [he vehicle C. .the owner,to remove the Auto tag ,and any unattached personal D. Explain: fully and politely the ;reason for the tow and all charges levied; . a~nd E. If CONTRACTOR shall attempt to resolve the resolved satisfactorily, the Office no later than the day. 7.0 A. Pul wrecker rotation is to have in place a call-Out: on a per nc dent basis (except Code An index cardlsystem is utilized and ma ntained by the Divisior~. procedure Card SYstem a, ~[ndex cards w It, be arranged in a three-card file system, as follOwsi ' i. Class "A"gnd B Wrecker Companies; ii. Class "C" Wrecker Companies; and ii. .C,,o,,d.~ EnfOrcement Wrecker Compan es (a C ass A / B ~OW CONTRACTORS required to participatel. , b. TOW ~ONTRA~ORS wil be filed in alphabetical order. according to c°~i~ate name. ' c. A TOW ~ONT~"~OTOR will be called in rotation order from the card file on al~er incident basis. 2. Wrecker Response. a. If TOW CONTR ~TOR s unab ~ , , e to respond to a call for service, 'rDw CONTRACTOR will be moved to the end of 1997 Tow Contract.3\l 8\97 . 28 the list, thereby forfeiting that rotation. The CITY official, agent or employee on the scene requesting the wrecker or tow shall de~ermine whether a is not The ~ tacted in the ne ~the ~ or ao all ~vehicle or tow, the tow yee, dispatch, or person against the as Such by be wreck(er will schedule. ~le for knowing its position CITY will not provide this rant to Chapter 119, for inspection, by 8.0 CODE A. Purpose. 1997 Tow Contract.3\l 8\97 be utilized for the led or wrecked as described in Section 10-52, City of Boynton Beach Code of Ordinances. Procedure. 1. Tow List. a. Tow lists can be picked up at the front desk of the the CITY's Police Department on the 1st, 10th, and 20th day of each month~.-Ail.tow lists must be returned to the front desk no later than midnight of the est day of the month. b. Results of the stat~s of each vehi(~le or trailer will be noted on th( gone-on-arrival, or ~current[y licensed). c, status is. not verified will rotation and accessible contact pe~o~s phone ~number,~,to the Police ist. 2. Rotation. a. Wrecker Code Enforcement tows on undertake C. ONTR/~ unable to CITY's Code re~,ponsible for do said TOW tOWS as In tl3e event TOW CONTRACTOR is shall be moved I as (12) tow lists CITY hereby reserves the procedure for Cdde Agreement in an effort enforcement tows the rotation-schedule or ' this section of the procedure to place cede · otherwise. 9.0 TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of B0ynton Beach City Commission, and shall have a term of one (1) year from that date. This Agreement shall be automatically renewed 1997 Tow Comract.3\18\97 .. 30 for two (2) additional one (1) year terms, unless either party provides written notice via certified mail to the other party within thirty (30) days of the end of the yearly term, that the Agreement shall be terminated atthe end of the term. ~loyer relationship between the )NTRACTOR is an not the CiTY's employee for the Fair Labor other party, it must be given mail, with return receipt intended and the remaining of notice shall remain ~ in compliance with the r CONTRACTOR and the giving of notice: 1997 Tow Contract.3\ ! 8\97 31 10.2 BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually wa~ants that he or she has ful egal power, to execute this Agreement on behalf of the party for whom he or she is sigrfing, and to b nd and obligate such party with respect to all provisions ~contained in this Agreement. 10.3 SEVERABILITY. If application thereof to any person or unenforceable, the remainder of shall not enforced u~t rome and effect, and, be 10.4 GOVERNING LAW. The terms and conditions of this Agreement shall be governed by .and interpreted u)3der the laws of the State of Florida. Venue for the purposes of any litigation arising out oLthis agreement shall be in Palm Beach County, Florida. 10.5 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and T(~WCONTR~CTOR and suPersedes all prior neg(~tiations, representations or agreements, either written or oral. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY: Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 1997 Tow Contract.3\l 8\97 . 32 STATE OF FLORIDA ~._. COUNTY OF PALM BEACH he/she the instrument is ,his/he set my hand and official seal TOW CONTRACTOR WITNESSES: BY: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly author zed by law :to administer oaths and take acknowledgments personally appeared , and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the .State and County aforesaid on :this day of ~ 1997. NOTARY PUBLIC My Commission ExpIres: 1997 Tow Contract.3\18\97 · 33 1'V-CONSENT AGENDA I'TEM C.11 RESOLUTION RO0- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETVVEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH ESTABLISHING WATER AND WASTEWATER SERVICE AREA BOUNDARIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 7, 1985, the County and Cty entered into an Agreement, which Agreement established service area boundaries between the water and,wastewater systems of the County and City; and WHEREAS, the County and City desire to redefine their respective service area boundaries for the provision of potable water, reclaimed water and wastewater service to permit the County to serve the areas defined in the attached Agreement; and NOW, THEREFORE, BE IT RESOLVED BY COMMISSION THAT: Section 1. OF THE CITY OF BOYNTON BEACH, THE CITY FLORIDA, This Commission does hereby authorize and direct the Mayor and City Clerk to execute an Agreement between Palm Beach County and the City of Boynton Beach, establishing water and wastewater service area boundaries, which Agreement is attached hereto as Exhibit "A". Section2 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of July, 2000. · ~ :- ,Cl:~ OF!BOyNTON:BEACH FEOR DA Vi~e May~r Mayor Pi-o T(~m Commisslor~er- ATTEST: Commissioner City Clerk (Corporate Seal) TV-CONSENT AGENDA TTEM C.12 RESOLUTION RO0- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETVVEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH TO PROVIDE THE MECHANISM TO SHARE GEOGRAPHIC AND LAND INFORMATION ON AN ONGOING BASIS; AND PROVIDING AN EFFECTIVE DATE. WHrEREAS, ..the. parties desire to enter into this agreement to share the benefits 0f eX,changing geographic and land inforrna;d0n in order to have the most uP.to.ate and'accurate information; and BE IT BY THE CITY COMM LORIDA, THAT: Section 1. to share. The City Commission does ~ as Exhibit "A". hereby authorize and Ireement between Palm for a mechanism ongoing basis, which Section 2 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of July, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) SF-~'[ BY: 6- 2- 0 : i0:07 : PAt_~I ECH COUNTY I$$" DRAFT.°. Oat~ INTERLOCAL ~ GR.E.E~IENT PALM Thi~ Ag:'cement is entered on .... .... 2000, between "the parties," the. Municipality Of '"). The ,,fficien~Y, Florida ~f mutual usc of their advantago, and ~, . ~CO ~¢ae 'th~ Pa~O~ ~C~{n~ ~C:~t~llt d~H:~ t0 sha~ tfi~.~fi~ of exch~gmg ..... - ,' ~ ~: ~'~ ,~,.~h~ ~,~A¢_~ ~fi:'~A~_~,~__~Jh~, ..._s~ umfi o-to date and accurate relocation Provide a m~ni~m mrSh~e g~phic WHEREAS, Parties will;develop proeedure$ for thc exchange of geographic and land information h~ an ellicicnt and timely manner. of the mutual benefits flowing from eachto the ARTICLE 1 - STATEMENT OF AGREEMENT I. 1 The County GIS Sexvicc Bureau will provide County copyrighted and licensed ge~>graphic data to the City a~ prOvided for in C0un}yw!do PPM CW-R-007 Geographic Information Maintenance, Mmmgement and Disscmi natron. The. Municipality onters into this Agreement to initiam the exchange of updated' geographic arid:land information outlined in l~xhibit A with the County on an ongoing bazis. ARTICLE 2 - TERM OF THE AGREF_,MENT 2.1 The p~riod of performance o: thi~ Agre~mem shall commence on dat~ of execution and r~main activ~ for a period of five yea~a from thc dat~ shown above, unl~s ~u-minatcd earlier under Article 6. SEb/T BY: 8- 2- 0 : 10:08 : P..LL.'~:i BCH COL'5~7'Y I$$- ARTICLE 3 - SHARING AND OWNERSI'IIP 3.1 Each Party shall bo responsibl, for modifications or alterations required at its location for sharing and utilization of geographic and'land information. 3.2 Each Party shall provide and ma.intaiu in its geographi.c and land information system environment the information specified in this Agreement under Exhibit A. Said information shall be maintained in the manne~ (incluOdng-forrnat, accuracY, symbology, and timeliness) also specified ia Exhibit A and enhanced as mumalty'agreed uPOn- In some cases, this will require he cost of required cessible to both and local law. 3.3 THe Municipality agt~ to abide by ~tandards:~ct forth by the County in Exhibit A, to: 3.4 The County wilttp~o~ide~a Goun~.wi~ Centerlin0 file to thc Municipality. The Mhnieinalitv a~h~ :t~-~tiat~ l~ta~ t.-~ 5~ and ~nhance the Countywide Ccnter~e file ~h~-~ i"~ ~u'~-ica~n~d' ~0~id~.¢~Pg oL'such~,n~nccments b~k m ~e County. 4.1 Town/Village/City of . Tht Information 33401 the to thc perform~ 4.2 r the Municipality is · Florida 33 at telephone (561) ~ Ratchiruqky, Palm Beach County, West Palm Beach, FL 1 ma~ter~ arising in connection with $ for resolution or and oversight rclatiag Parti~ under this Agreement shall be r certified mail, r~tum receipt requcst*d, to: ~1'! in) ~E~T BY: 561 742 6285;~t2d'17 Th( Palm Beach County, Information Systems Services CIIS Service Burcau Attontion: Co?~,yWid~18 'Coo~d~na~0n~ :~ ~01 NLOl:i~Awfl~,~.Fltorc ~ c W~t P~Beach, FL 33g0i 5.1 Thc Parties assume any and.all ri~ attributable to tho negligcnl md and denying to gither of Florida; (2) waiver of sove~isn immunity of the 768.28, Florida Statutes. as ~ Stat~ be sued; or (3) a 6.1 duc to 6.2 information. working days prior: taken of the ptoposext suspension : actions may be be reswred as soon as ~ENT BY: O- 2- 0 : 10:10 : P~ ~H COL'N~ I$S- $6t 7¢2 0288:~10/17 6.3 Each Party may enact an cmerg~ucy su~pensmn of data sharing. The GIS Coordinator shall declare an emergency suspension and temporarily, but immediately, suspend or reduce a¢¢e.s.s to information for}ua't cause. Reasons for em~e~gency suspension include, without limitatiol:, equipment faihtm; unauthorized gepg,.ra, p~.tvformauon access; htgh potential for sabolag , failure to adopt and enforce standards; and adOptiOn of policie.~ or engagement of activities whi0h otherwise .,~dversely affect the operation, s6carity or maintenance of the gco~aph.ic infomation the r Committee, and the other The notice shallo*,,;stale the rea~or~ for within which these 7.1 Thel Fifte~nt~ 7.3 with the AII~I[CLE7- STANDARDS OF COMPLIANCE s~gns, shall comply WStti ail ~apptic~blc a r¢lat}ng to the pexformanc~ of this Agreement. In thecvent it 7.4 ; e { in accordane~ racc,~ color, , denied the ARTIC!-E 8 ~ GENERAL PROVISIONS 8.1 Each party shall not assign, d~legat~, or othrxwise transfer i~ ~gh~ and obligations ~ set for~ ~ this Ag~ment ~out ~ prior ~ oo~¢nt o~ ~e P~e$. Any attempt~ ~gnm~t in viola~ of ~ provision sh~ be void. 2 Notwi~st~d~ ~v orov~ons ~ ~ A~m~t to ~o century, ~e Pa~ sh~l not be held hable for any failure or any delay ;m tho ~forman~ of ~s A~ment ~at m~ from 6~e fl~,~. =trikes cmb~*o~ act o~e nubile e~mv, unua,,ally ~vem weather, oulbr~ of w~, ~int of Government, rio~, ~vH commoUon, fo~ mlenm, ac~ of God, ~r for any BY: other cause of the same chamcmr which is Un~vpidabl~ through ~ c?feis¢ of du~ c~e a~ and r~tomu~ ~, ~ - '~;~.v '- ' ;~ '~.~ ~*~nr~ff~[~:OlT,~Agr~m~t. - the events he~memi~m~. ' ~ ' ' sh~ c~flic~, or 8.3 8.4 8.5 of ~a w?tteu approval o[ ~h~ horeto. 8,7 Parties' ~ been to the SE~T BY: 6- 2- 0 : 10:12 : ?.-tl_~J ~CH COI.',~:Y I$$- :61 742 IN Witness wHEREOF, the Partie~s or the/r duly authorized representatives hereby execute this Agreement on the dale first written above. APPROVED AS FORM AND LECzAL SUFFICI~tCY Town/Cityt'Villago of By: By: TOWN/CITYMLLAGE OF BY ITS MAYOR Title: Mayor , City Clerk APPROVF-J) AS TO FORM AIqD Il;GAL ~U~FICII/N CY By:.__ county At~orn,~y PALM BEACH COUNTY, FLOR_~A By:__ Title: Steve Bordelon. Director.of I$S EXHIBIT A Geographic data requ~st~t from thc Municipality ia¢ludos but is not limited - Situs Addr~s W/Panel ( - Car - Hydrants r vodfication purposes) Tho data to l~;i~,6¥~cd by thc County subject to Countywido PPM CW-R-O07 include-S: - Ccnterline File ~ p.r~.el Gr~ .phi~ ~ Dat.b~ .(based.on 5u~Cnt ~"~ Roa) . Dig~ O~ho~Pboto~phy (wtth ava~b~ ~t~ata~ MecbanLs~ ~d ~u~ for exch~ge of ~ta wiB ~ d~id~ by t~ Pm~t M~agers upon ex~ution of t~ Ag~ement, ~co~ora~g ~e most cffgi~t ve~cle ~d for~t po~ib~. S~ci~c s~nd~s ~u~ which s~ll ~ add~ i~lude, but ~u not ~it~ , O~codin~add~sing s~ (e.g. s~t ~ ~d ~s) ~f~ation qu~i~ ~onW~ obj~v~ ~d m~ · Informa6on sou~ ~d lincag~ P~ifion~ ~c~cy/p~on of map con~nt ~d sourc~ - ~orma~on ~gory ~nv~o~s · ~t~afion complo~n~s ~d u~ate cycl~ CommOn base. map com~nont ~men~ are ~ docum~ ~d dis~a~d in da~ pro~d~ by ~e ~, inclu~ng input s~l~, ~g~, symboh ~d ~o~on, caRogmphic g~fion and ~aba~ ~i~g ~ qu~iW con~l. Att~h~ h~to h ~ Co~idc PPM ~-R~7 G~p~c ~a~on M~tenance, ~agemcnt, and D~sem~afion. Docamen~ to ~ pro~d~ upon ex~ufion: Coun~wide S~d~ for ~&~s R~o~ ~onk Da~b~ CW-O-~7 · M~am Capture Fo~at ~d Count~i~ S~ard N~ng Con~miofl for Layers, Feam~, S~ctu~, Etc. Fe~ 4, 2~ SENT BY: 6- 2- 0; 10:13 : P.~L%t BCH COUNTY IS6- ~61 CITY OF BO N BEACH PI3 NIMETRIC MAPPING tn'light Altitude -- 1,800 Negative Scale = 1" -- 300' Aeellracy = +1-6" List of the "Basic" Geogrnphic Features All drainagc l~atures: coast (shor~)-l;n~, lak~, ~rs, c~, S~ Walls Ro~ ~ ~at~ by ~gc or' curb or ~ge of tra~ s~th~ wh~c m~ c~ c~t, B~gs Fe~s, w~ ~ o~ ~tu~, wh~h app~r to Back ~g~n of s~cw~ (p~y Ra~ ~d ~ion towers Mawr ~tio~ (tramc ~s, p~ sym~h) S~ P~e Coor~mte oC S~on a~ Qu~r Addittomd ~phic Featurm for the City of BOynton Beach Storm drain manholas Sanlrarysaw~r ~aalaholes Valve boge. z Fire hydrants Lift stations Catch basins, yard inlets, culvort$ Swimming pools Lr 'flity pole $idewalk~ (road side) Drivewayz Pa~io~ ami impervious are~z S~NT BY: 8- 2- 0 ; 10~ : P:~L.~ BCH C0U~TY ISS~ 581 7~2 CITY OF BOYNTON B~CH PLA~TRIC MAPPinG C A~c~r~q, = +1-6" List of the "B~ldd'~ G~ogr~phi¢ Felix. s ami o~r f~atur~S, whkk appear to .Ix: prol~rty lines f sidew~ (proF~y s~) S~on n~ QU~ ~tiOn Co~s ~m Co~ty Addit/on~l Geographic Fentur~s for, tl~e City Storm drai~ manholes S~.~wer manholes Valve boxes Fir~ lxydraats L/it s~ S~i~ poo~ D~ays IV. CONSENT AGEN DA ITEM C. t3 RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE PALM BEACH COUNTY FLORIDA GIS INFORMATION POLICY DATA LICENSING AGREEMENT - PERSONAL USE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. , reserves all right of .authorship and aws in these Data; and WHEREAS, Palm Beach County is willing to'grant a non-exclusive, personal, nontransferable r ght to use cense to,the requesto (City of Boynton Beach) RESOLVED BY THE CITY COMMISSION OF FLORIDA, THAT:: Beach ( the City of Boynton Beach, Florida Clerk to execute the Palm 1 Policy.Data L~censing Agreement - :Personal attached as Exhibit "A". This ReSOlution shall become effective ~mmediately upon passage. PASSEDAND ADOPTED this day of, July, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner City Clerk (Corporate Seal) BY: 0~ 2- 0 : i0:03 : P.~L~: ~ COL'~TY I$$- 501 7-~'~ 028-~:# 4/~7 Palm Beach COunty County has ~, from which th~ ~n eleotroni¢ form, in an image shall : valu~ by the County, the County is "right to use license" to the r~que~tc-r to these tc~ms, all Data q~.'ifi~dly granl~d by this liccas~ or fi ,.th~ Lic~n.~_eo for its solo and e~xclusiv~, hUemal u~ and not by including a~li~,s or other r¢]al~.~i grollpi. In may: 6- 2- 0 : 10: 04 : P.%L.~ EL'/d COLN"[Y [ 561 742 62~5;# 5/17 Personal Us~ License Install the Data onto permanent, elec~'onic storage devices owned, leased or otherwise controlled by the Licen,s~. This i,.n. Smilation may include One copy, which may be held off~-/~e or outside the immediate corm'el of fl~e Licensee but only for b~ckup or ~rchive purposes. Display Dm for internal purFo~es so long as: L The Dm or its imams are in 1/~ fon~ ora sml/¢ display; 2. The display_or imaffes/~c not conveyed in any manner; 3. Credil; or aV. rihu~ion is given to the County and, wbem appropriate, tl~ custodial agency; 4. The County's copyright ownership interest and notice are displayed; and 5. Notice,that uS~ of tl~,'Dat-a is llmitc~i by ~ License agre~menLincluding disclaimers wi/h ~e County. the agrcemen~ there are three othcx licensing arrangements which, depending on The.sc llcensing an*angcmen, ts must be Se~i~s. PltOIIiilR l~l~lfll:~ U$~$ Thc Liccns~ may not: these rider~ Depa~uucn~ or Information Syslem A. SoU, fcopy>-gift; lease, sublicensc, lend, as,sign, p,,rovide access to or o~ transfer the Data,~.whole erin part, in digital or hsrdcopy term, ~o any other pan'y Without tho writmn consent of tho County. B. Obscure or remove the County's copyright notices, County or custodial al~'ibulion or ~redit noUc~ lic~n,se summarl~, liabi!~ty or disclaune~, or other notices necessary to effectuate and pode~t d~ Coun~ Thc Da~ is pr?v~d~ ,, t~ ~ Licen.se~ 'as is" without warranW or any ~pr~senmtion of accuracy, ~imcli~s~i,O~ ~ni~ss, The btllde~ for deterrolni~§ -o~.ura~y, complet~aess, lim~li~s, Page 2 SENT BY: · '~ 0= 2-0 ~:~ 1O:O~ : !P.~t_'~t BCH COL.~TY I55- ~61 742 'o'--,~, l%rsonn~ US~ Licens~ A~reerneut implied ~ A. ( until such time that: A. ele~ to cease u~e of the Data and of the e~orce any right Page 3 SLNT BY: ~- 2- 0 : 10:08 : ?.tL%~ BCH C0[NI'Y ISS- ~61 7~2 628~:# 7/17 Personal Usc License Axe'cement The panie, s agr~ th~tt this Lite.sc, together with iU rkl~rs, repre~sent th~ sole and enUre agreement of the partic.s r~lativ¢ to tbe Data and superced~s any other agreements. under~timdings, .and ~gcmcrms of thc panic~. If any !~..ovision~ oi this License shall bc hold to be invalid, illegal, or un~nforceabi¢ by a court or other Itlb,,n~l of compeumt jurisdiction, thc r~mahaing provisions shlffi remain in full force and Ca~fect~ in p~lm Beach County, Florida. lfl , the laws of thc S~a~ of for Palm B~ack County, Florida and h~n~by waive thc fight to a '~hangc of venue. Page 4 Intergovernmental Rider Palm BeacO County Elorid~GIS Ir~formation Policy Data Licensing Agreement. intergovernmenta1 Rider For the purposes of thi~ ~overnmenml RidC~r (hereir~fter ' Rider"): A. ea~i£y pubtie Oi' qUaSi-public This to ~the Palm Beach County, Florida /m acktition to,thc ~i~ted use~identified in ~ Liccmc, ~ lnm~ovemm~ Ri~ Li~ns~ may: A. USe, ~ew, ~, m~, ~ ~ m~ge ~ D~ f~ ~e ~'s inm~ p~s~. B. Tr~ bo~ ~opy ~ di~ ve~ of ~ Da~ m ~ ~ ~ ~ ~r~ ~ so long ~: 1. ~it ~ ~bufion is ~v~ ~ ~ County ~d, whore ~pro~, ~e ~sh~ial agency; 2. ~eCoun 's~ ' ' ~ p~g~ own~p ~W~st ~ no~ is display; 3. No~c~ ~t ~ of ~e Da~ is limi~ by ~ Li~ns~ a~mcn~ ~cl~g d~l~s ~ ~ Corny; ~ P~cI SENT BY: 6- 2- 0 : 10:07 : P.~[-~ BCH COL'NTY ISS- 561 742 6285:~ 8/17 /ili'l~I ltllitTI Oil Thc undersigned License~ aflL-ms and wan'ants ~hal it qualities as a Intergov~'m~enh~! entity and that it will observc thc terms of this Rider. In addition, thc Licensee agrees that if its stares a.s a Int~rgov~rnmemal Entity ohanffca, that it will execute thc appropiiata Li¢cns~ and/or rider and pay fees in accord with that rider. Failure to do so shall be primafacie evidence of a br~ach of ~ agreement and cause for termination of the Mce~se and this Rider. [~,Cel'ISP.2~ Address / Phone / Fax / E-Mail By: Title Page 2 Requested City Commission Meetin~ Dates [] March 2I, 2000 [] April 4, 2000 [] April I8, 2000 [-' May 2, 2000 ~V-CONSENT AGENDA ~I'EM E CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORIV1 Date Final Form Must be Turned in to City Clerk's Office March 8, 2000 [5:00p.m.) March 22, 2000 (5:00 p.m.) April 5, 2000 (5:00 p.m.j April 19,2000 (5:00 p.m.) Requested City Comm~ssmn Meeting Dates May 16, 2000 [] June 6, 2000 [] lune 20. 2000 [] July 5. 2000 Date Final Form Must be Turned in to CiW Clerk's Office May 3, 2000 (5:00 p.m.) May 17,2000 5:00p.m.) lune 7, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.j NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heariug [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation RECOMMENDATION: A motion to approve CHANGE ORDER gl for SERVICE/MAINTENANCE AGREEMENT FOR THE CONTROL AND DATA ACQUISITION SYSTEM with CONTROL SYSTEMS DESIGN. INC.. in the amount of: $16.000.00. Procurement Services requests Commission's review, evaluation and increase/Change Order gl approval. EXPLANATION: The existing Purchase Order for computer programming at the East and West Water Treatment has been exhausted. Due to unforeseen problems in the Data Acquisition and Control System at the West Water Treatment Plgnt and minor problems still existing at the East Water Treatment plant, additional funding is required to complete the programming at the West Water Treatment Plant which will allow greater monitoring of the membranes for cleaning and operation. PROGRAM IMPACT: This SCADA system monitors and controls the operation of pumps, motors, valves, speed controls and cii~rlai6ai feed equipment through remote telemetry. FISCAL IMPACT: ACCOUNT DESC~ON_: BUDGET ACCOUNTg: Contractual S(;ces. (operational) 401-2811-536-49.17 Contractual Svees. (maintenance) 401-2812-536-49.17 'Deputy D/rector of Financial ~rvices ~ Procurement Services Department Name FUNDING ALLOCATIO.0.~N' $8,000.00 $8,000,00 City Attorney Finance / Human Resources C: Barb Conboy - Procurement Specialist File S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC MEMORANDUM UTILITIES DEPARTMENT 00-127 ~ TO: Bill Atkins Deput~ D~,e~tor of Financ,e John Guidry, Director of Utilities FROM: DATE: ~'~une 14, 20O0 SUBJECT: Agenda Item - Additional Funding for Control Systems Maintenance at Water Treatment plants TCrOntrol System Design, Inc. is used for computer programming at the East and West Water eatment Plant ~ont~ol s~)stems and computers. Authorization was received bythe City Commission on ~{emb& 21, 1999 for expenditureS'UPto $16,000 With this company. Due to unforeseen~'problems in the Data Acquisition and Control System at the West Water Treatment Plant, the~money in the open purchase order has been exhausted. There are still some minor problems [~m~g at the ~est Wa~er Plgm that need to be fmished and none of the East Water ~rreatmen{'~lhat Pr0blems~have been correete& The programming done at the West Water Treatment Plant provides the plant more flexibility, corrected regulat6ry reposing data and increased plant efficiency by ieducing energy costs. We heed an additional $16,000 inlthis Open Pur6hnse 0rder ~o~£mish,the programming at the West Water Treatmeni P1ant which will allow greater inordt0d~g of the membranes :f6r cleaning and operafiorb and to p~orm theneeded corrections at the Ehst'Water Treatment Plant. Money is available in the other contractual service accounts 40J-2811-536~49.17 (Operations) and 401-2812-5~6-49.17 (Mah/tenan~e). PleaSe present thism the commission for apProval of additional funds for another Open Purchase Order in the mount of $16,000 to Control System Designs as soon as possible. If you have any questions or need any additional informauon, please contact Dave Ailstock at ext. 6453. /gmb cc: Dave Ailstock Bob Kenyon John Reynolds Barbara Conhoy File RESOLUTION NO: R99-/~.~.~ A RESOLUTION OF THE CITY. COMMISSION OF THE CITY OF BOYN3'ON BEACH, FLORIDA, APPROVING AND 'ACCEPTING A PROPOSAL BY CONTROL SYSTEMS DESIGN, INC., FOR FULL SERVICE SYSTEMS INTEGRATION NEEDS, FOR AN AMOUNT NOT TO ~EXCEED $ff6,000 FOR TNE FISCAL YEAR lg99/00;AUTHORiZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE PROPOSAL; _ ANDPROVIDING AN EFFECTIVE DATE. .WI-tEREAS,.,:. ·. ~.~.:~f°r~ the past several years the City staff has been maintaining Treatment Plants; and WHEREAS, ~h~r~: is now a need for specialized technical skill to perform tasks, such as repair of malfunctioning logic controls, removal of non- ~nd revision of screens to reflect modifications; and WHEREAS, the City Commission of the City of Boynton, upon of staff, deems it to be in the best interests of the residents and of the City of Boynton Beach to accept a proposal from Control Systems for full service systems integration needs on an as needed'~asis, not to $16,000 for the 1999/00 fiscal year, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: -~ Each Whereas claUse set forth above is true and correct and herein by this reference. ~ The City Commission of the City of Boynton Beach, Florida hereby approve and accept the Proposal for professional services, from Systems Design, Inc., for full service systems integration needs on an as needed basis, not to exceed $16,000 for the 1999/00 fiscal year which proposal is' attached hereto as composite Exhibit "A". ~ ~-.: That this ~Resolafion shall become effective immediately upon passage. PASSED September, 1999. ~,TTEST: .~i~ Clerk TO: FROM: DATE: SUBJECT: UTIEITIES DEPARTMENT MEMORANDUM #99-233 Lana Koester Purchasing Robert Ken. yo~ Utilities RECEIVED. August 17, 1999 Price'Agreement for Services and Maintenance for the Water Plant Control and Data Acquisition (SCADA) System The operation of both Water Treatment Plants is enhanced through the use of a SCADA system. This SCADA system monitors and controls the operation of pumps, motors, valves, speed controls and chemical feed equipment. The system operates through software manufactured by Intellufion called F/X DMACS. This system was installed by Johnson Yokogawa Corp. (JYC) and expanded by Instrumem Controls Systems, (ICS) Inc. of Plymouth, MN. during several construction projects over the past ten years. For se. veml years we established a contractual arrangement via the bid process with JYC to maintain this system. Approximately three years ago, we decided to perform this work "in house" and have been successful using our personnel to perform the majority of this work. We now find ourselves at a point where we need specialized technical skill to perform several tasks. Examples of this work include: repair malfunctioning logic controls, removal of non-operating loops, and revision of screens to reflect modifications made during various phases of constmctior~ JYC is no longer in the business in this area and ICS is out of Minnesota. Consequently, we have contacted Mr. Mark Biehl of Control Systems Design, Inc. Mr. Biehl was the principal subcontractor to JYC on the east plant modifications contracts and Phase I of the west plant construction project. Mr. Biehl was personally responsible for the controls system design from field sensors through the PLC and SCADA nodes including all documentation and training for the east plant and Phase I of the west plant. We would like to establish an open purchase order with Control Systems Design, [nc. for full servzce systems integration needs. Control Systems Design does work with the cities of Hollywood, Orlando. and Delray Beach as well as Martin County and Gainesville Regional Utilities generally on an "as needed purchase order" basis. August 17. 1999 Page 2 [ wo,uld like to establish an open P O. for fiscal 1999/00 for an amount not to exceed $i-6,i)O¢j r. Biehl charges $95.00 per hour 'for engineering services and $6'5.00 per hour f_er, it~sti~dm~nt Calibration services. Mr. Biehl is ~viliing to maintain this:price/rate for up to o years for his services ifgiven,thi~ opportunity. Mr Bie~js e~tremely famili~ with the City control systems and results would be COst effective. 3~ ~d~itional beBefi~qs that our staff, particularly the, Short Chasers can work s~de b3 s~dew~th Mr. B~ehl expandin~ their knowledge base and expertise. Funds ~e available for this ne~essa~ ~, servi~e in accounts ~1~28~t~536.49-17 ($4;000) and 40;1.-28 i2~536.49-17 ($ ! 2~000~ ['tease Present ~4~re~t ~o ~c°m~ssi0n~ £or fl~mr, approval o~flUs !purchase,order~ [ ha~(e~c-hed experience and i~lient :list for your revieW, please advi~ i~iaddi~'ijnfomation, is cc: Barb Conboy Jerry Leafy · CONTROL SYSTEMS DI:,SIGN, INC. PMB-iIZ$ 4250 Ala[eya Trill # 2tZ Ovleclo, FL. 321'65 Phone (401') 281-8382 Fix (407)Z$1.890;~ Pager t$85) G9t-01S0 PROPOSAL DATE: TO: FROM RE. August 11, 1999 TIME: Bob Kenyon PHONE: City of 8oynton Beach FAX- Mark Biehl PHONE: Control Systems Design, Inc. FAX: Control Systems Service and Maintenance 12:34 PM 561-742-6402 56 1-731-0065 407-281-83~2 407-281-8903 SCOPE: Provide engineer'~ng service, inctuc~ing but not limited to, PLC and SCADA configuratio~ and programming, system lroubleshcoting, training and overall system support for one year. Secvices woul¢ be o~ an as needed basis without retainer or minimum monthly cost through October 1, 2000, with yearly extensions available ~ two years without rate c..J~ange. Response ~/me would be a maximum of 2 hours by phone or 4 hours onsita during the workweek. As ar~ optio~, we can also provide instrument calibcation and/or ACAD services under the same conditions as stated above. COST Engineering service is $95_00 per hour portal to portal from our offices in Central Florida. Instrument calibration service Is $65.00 per hour, minimum 4 ._Plours per service instance. ACAD sen~ice is $50 per hour for 11 x 17 drawings,.'~ot inclusive of any required engineering service time. PAYMENT. Invoiced weekly, due upon recefpt Presented this date by: Mark Bieh( Accepted by: Date: Th~$ prooosal is vahd for 60 days from the dale above. Purchase Order Number Requested City Commission Meetine Dates [] March 21, 2000 [] April 4, 2000 [] April 18.2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Mustbe Turned m to City Clerk's Office March 8, 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) April 5, 2000 (5:00 p.m.) April 19. 2000 /5:00 p.m.) Requested City Commission M~efin~ Dates [] May 16. 2000 [] June 6. 2000 [] June 20, 2000 ~ July 5, 2000 IV-CONSENT AGENDA ITEM F Date Final Form Must be Turned in. !_o CiW Clerk's Office May 3, 2000 (5:00 p.m.) Ma~ 17, 2000 (5:00 p.rm) lune 7, 2000 (5:00 p.m.: June 21. 2000 r5:00 p.m.) NATURE OF AGENDA ITEM [] Adminis~ative [] Development Plans [] Consent Agenda [] New Business [] Public Hearmg [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Approve a resolution authorizing the Mayor to execute an a~eement between the City of Boymon Beach and The U.S. Department of Jnsuce Office of Community Policing Services to apply for a grot under the COPS in School Program m the mount of $75,000 over a three (3) year period. EXPLANATION: The City of Bo3mton Beach Police Department has the opporttmity to fund 1 new police officer for a school officer. The City will need to provide matching funds for 3 years (25% year 1; 35% year 2; 48.2% year 3). By passing this resolution the City will be accepting the conditions of the grant and fully fund the positions in the fourth year (mandatory) and any subsequent years [voluntary). Each year the Department has had a budget line item for matching grant funding/f needed. In the proposed budget for 2000/2001 we have $100,000 for this ,q~pe of grant and in future years we will need to continue to fired this line item. PROGRAM IMPACT: This program will allow the Police Deparunem m add 1 Police Officers for a school officer to be placed in selected schools as the City deems. FISCAL IMPACT: D.O.J. Funding $ 75.000 City ofBoyntonBeach $ 42,737 001-2110-521-91-04 2000/2001 $ 9,526 2001/2002 $39,220 2002/2003 $19.484 l'otal Funding for three year grant $117.737 2003~ 2004 City is obligated to fund entirely at a cost of $41,627 ALTERNATIVES: · - By not applying for this grant the City will have m fund this officer, or not provide this service ~ School Officer S:~BULLETINSFORMS~AGENDA ITEM REQUEST FOKM.DOC Police Department l~ame CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM City AttomeyTFflaance / Human Reseurces S;~BULLETIN~ORM S~AGENDA ITEM REQUEST FORM.DOC Requested Cit~ Comrmssion Meeting Dates March21.2000 [] April 4. 2000 [] April 18,2000 [] May 2. 2000 IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM G AGENDA ITEM REQUEST FOI Date Final Form Must be Tttrned in to Cit} Clerk's Office March 8, 2000 (5:00 p.m./ March22,2000 (5:00 p.m.) April 5, 2000 (5:00 p.m.) April 19, 2000 (5:00 p.m3 Requested CiLy Commission Meeting Dates [] May 16.2000 [] June 6. 2000 [] June 20. 2000 [] July 5, 2000 Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) lune 7. 2000 (5:00 p.m.) June 2I. 2000 (5:00 p.m.) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Aunouncemenl [] Presentation RECOMMENDATION: Motion to approve an Emergency Purchase Order to Smith & Company, the Gateway Blvd. Improvements contractor, for an estimated amount of $62,281.13 to repair a 10" sanitary sewer damaged during construction. EXPLANATION: A sub-contractor, Acro-Tek. damaged the City's 10" sanitar~ sewer main while performing jack and bores in the area. The City has inspected the area and has explored diffarent avenues of repatr, open cut vers~ts reline in place. Unfortunately, the damage is toe extensive m perform reline in place. Staff recommends that a Purchase Order be issued to the general contractor, Smith & Company to facilitate coordination and affect the repair m a timely manner. The Risk Management Depamnent is currently pursuing a claim with the contractor's insurance to cover the City's damages. FISCAL IMPACT: The proposal is a Time and Materials contract with an initial estimate of $62,281.13 and will be charged to the City's insurance account #522-1710-519-49-20. The contract will be monitored by the City's Engineering Consultant, Post Buckley, and Larry Roberts &the Engineering Department. These funds will be reimbursed by the contractor's insurance company. ALTERNATIVES: The 10" sanitary sewer line needs to be repaired, there is no alt~native. D~partrnent Head's Signature Department Name ' / 'C~ty Manager's S~gn~e / , r-- City Attorney / Finance / Haman Resources cc: Procurement Services Risk Managemanr S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC MEMORANDUM Utilities #00-139 Dale Suge~r~. an, TO: Assis~'Ci~y M~i' F]~OM: John A. Guidry, Utilities Director DATE: June 26, 2000 SUBJECT: 10" Sanitary Sewer Repai~ - Gateway Boulevard- During the Gateway Boulevard Roadway Impr,ov~e~,ent Project, Aero-Tek, a subcontractor on the project, damaged t~he City s I0 s.~.'tary sewer line. Aero-Tek is contracted to "jack and bore" underground power Conduits crossing Gatewa~ Boulevard. When the Utility Department was notified, we made efforts to inspect the damage. The damage appeared to be a~puncmre to the mm. It had been determined the best method of repair would be.to ~'Insimfonn" thedamaged section ofmain. While preparing to make "Insituform" repairs, it was determined that the ~! .ar0, age was too excessive. Currently, the main is still in disrepair and it is imperative that itbe repaired as Soon as possible to avoid any further damage resulting inroad collapse or complete sewer main failure. Smith &:Company, who is the G?eway Bouleyar(~t Improvement PrOject Con:~actor, has submitted a proposal for the repmr, m the amount 0f$62,281.13. Attached ~sthe outline of terms and conditions agreed by James L. Ware, Jr. of Smith and Company, and Larry Roberts, Projeqt Manager for the Ci3y 0£BoyrttomBeach~ The proposal isa l~ime, and Material C0ntmct:via Purchase .Order that wili be monitored by the city~ SConsultant Engineer, Post Buckley and Larry Roberts. Chuck MagaZine, Risk Manager, at~d the Risk:Management Dept. have been notified Of the damage and Chuck is pursui~,g ~laimS throughlT~}ms Continental Insurance Cbmpany, the insur~nce company, of,Acm~~k, for damages,~ . . If additional information is needed,'Please contact~Mark Law at ext; 6403 or Larry Roberts at ext. 628I. /gb Attachments Xc: Mark Law Tony Lombardi Larry Roberts Chuck Magazine Barb Conboy REQUEST FOR REQUISITION Cterk: Procurement Ass't Director: City Manager (non budgeted capital and/or $5000+): REASON FOR PURCHASE: Emergency repair to 10" sewer main on Gateway Blvd. - will be reimbursed by the Contractor's insurance. VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Smith & Company, Inc. Admin. ( ) Date: 6-26-00 I ASAP (x) Addres§: 1200WestonRoad2"aF1. Constructinn ( ) Date Needed: 10daysI Confirm. ( ) Weston, FL 33326 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP IIOCS. DELIVERY: SUBMITTED: Phone (contact): James L. Ware, Jr. Lab ~ ( ) ,QuotesNerbal~ (:) , E. Admin. 40 ( ) 954-38~. ~//.0 Pumping ( ) ~Quotes/Written ( ) E. WTP 41 ( ) ,(over $2000) VendorNumber:4832 PWMaint~ ( ) BidDocs. i ( ) W. WTP '42 ( ) PWOps. ( ) 'Sole Souree Lff. ( ) P/U- 99 ( ) INITIATOR: Mark Law Sewage ( x) 'InsUrance' · ( ) ~requirements APPROVED: I S~'mwtr. ( ) 'Project Number: Quan. Unit Price Description & Pa~t~ Number .Fund Dept Basic Elem Obj Amount 1 62,281.13 Time and Material Contract to repair 522 1710 519 49 20 62,281.13 damaged 10" sewer main on Gateway Blvd. Project Cc: Risk Management I: geneml-use\formskre uisition blank.doc Guidry John From: Sent: To: Subject: Roberts. Larry Monday, June 26. 2000 10:38 AM Guidry, John RE: 10 inch sewer repair on Gateway Blvd. I gave the estimate and terms to Tony Lombart[, and he is working with Dale. The estimated cost, which I think is unrealistically high is $62,281 .t3, however they will be paid in accordance With time and mater als and the Proposa ghat has been submitted. ' - Larry P.S. Welcome Back! From: ~' ,~'Gu~d~; J~hn - ! ' Se~, . :M0r~ay, ~Jq[te 26, 2~00 10:34. AM To: R~be~s, La~ Cc: Conbey, Ba~; Ma~ella, Pete Subjec~ -~:-10 in~ sewe¢~pair bn Gateway Blvd. Thank you, ---Original Message-- From ~aw~Mark Sent: . 3~hu,~sday June 22, 2000 ~1:18 AM To: ~ Suge~an, Dale; Guid~, John Cc: Ma~ne, Chuck Ma~ella Pe~ Lombardi Tony Subject: ~ ~ ~b ~wer repair on G~w~y Blvd. While prepar[ng~o make a Insitutiform ~'epair of the damaged pipe section it was determined that the damage is excessiv~"t0~t~po~t that this method can not be used. When the pipe line was originally televised the full extent of the d,a. magff Wla~not visible. Larry R~be,rts has receive a proposal form the road way contractor to excavate and make' a poin~ rep~ii'~¢~t~e~;damaged sewe~ ~am: The excavation method will cost considerably more than the Insituiform m~thOd. This COst. wit[~b~t the expense of~the jack:and bore contractor who caused the damage. By copy of this e-mail to Chuck. Magazi~ w~ are suggesting that the bbring contractor and h s ~nsurance company be put on notice. It is n~eqess~PJ~, Droceedf~ith' the ~epairs to avoid the infiltratiOn of sand and debris into our sewer system and lift station. We~witl require~authorization to proceed;with the necessary repairs. ~une23,2000 Mr. Mark L~w Deputy Director City ofBoynton Beaoh Utilities Ci~ of Boymon B~ach P.O. Box 310 Boyrm~ B~:a~b., Florida 33425 RE: 10" Sanitary S~w~r R~air, l~er dated ~9 Jur~ 00. GaWemy Boulevard Road~vay ImprOv~raents SCI Project #: 99-132 Dear Mr. Law: lu aeoordanee with terms and conditions outlined i~ our letter a_*T_ed 19 Sune 00, SCI propos~ to pros~me 1/~ necessary rep~ based upon information available through 16 June 00. This work will be pt*o~e~u~ed at a Prel~ Estimated Cost of $ 62,281.13, unde~anding unforeseea and umknown condifious will affe~ ~ Pre~/mlm,.y .E.~,'~*~I Cost. Furih~ it is understood that ,ta,~ is a Tirm~ i: M~m'ial Conl~aot, via Purchase Order issued by the City ofBOynton l~a~i~ that will b= monilored by the Cit~ of Boynton Beach. The Preliminary Estimated Time duration for this work as of 16 June 00 is 8 Working Days. SCI is prepared ~o proe..~m~ immediately opon ~pt of the aforementioned Putcha~ Order. Sincerely, Projmt June 16, 2000 Mr. Lan2~ Roberts City of Boynten Beach P.O. Box 310 Boynten Beach, Hca-ida 33425 City of Boynton Beach Project # CP9901 Gateway Boulevard Roadway Improvements Gateway Boulevard from North Seacrest to US L $llbj~gt: l~pliminzry Enfinmt~ forRepair of 10" Sanitary Sewer Line Station 58+80 Pursuant your letter dated 15 June 00 requesting SCI to repair ff~e 10' Sanitary Sewer line damaged by the City's Line BoringCtmtractcx, we hereby submit for your use the following Preliminary Estimate. Boulevard at NE 4z Street. A pothole developed just East 0f'the 'matthole, whidx x~as fiilect k fit i'"'"'"'"'"~ 1 y and ~solated by SCI personnel. On Friday, 9 June 00, SCI was asked to look at the possibility of performing r.~.~, to the line based upon _available information about the situation_ SCI ~ preliminary plauning ~ appraisal of the method, manner and sequence fo3.proseenting ropairs,'in a meeting, Which began at 5:00 PIvE~ On Monday, 12 June 00 SCI was infim~ed that closing CratewaY Bp~vard from 4~a Str? to L~S, 1 w,~ n, et ~ option, whida caused ~a alternate method of managing trafli6 through~lhe proposal Work axen to ~e aevelopea. On Tuesday, 13 June 00 SCI, in discussion daveloped a alternate route censL~fing of 6'~ limeroek 'ha e of Boynton Beach personnel a.L~7~ct ibis traffic In a meeting Wednesday, 14 June O0 at 3:30 PM, City of Boyaten Beach and SCI~ropresentatives met to discuss the overall repair methodology and detailed specifics regarding known conthfiens a...b~ut the pipe, known contritions regarding existing utilities, and th~ possibility of ~mknovn~. and unforeseen conditions. The Time & Matexial Method was agreed to by all lm~ies as the preferred method for expediting tho prosecution of Also, City of Boyntun Beach representatives requested a Preliminary Estimate, with the understanding that numerous ,mlmowa ami unforeseen conditions axe yet to be identified. The following is a ~ co~dsh~g the components of the work agree~nent, for the wcxk to be performed undar the Time & Materials method of c~npemation. Corporate/A~ounting/Estimllting · 1200 Weston Roaa, 2nd Floor · Weston. Florida 33326. [954) 384-4440 · Fax [954) 384-4449 Central Florida · 8030 U~S. Highway 98 N · Lakeland, =]orida 33809 · £863) 858-6768 - '~oll Free [8771286-7770 · Fax (B63) 853-1682 Mr. Larry Roberts City 0fBoyaton Beach 6/16/00 - Page 2 SCOPE OF WORK: The scope of work consists of repairin~ a 10" VCP Sanitary Sewer line flaat was damaged by a non-project associated lin~-boring.contractor. This includes but is not limited to the following; · A full detour arotmd the work area, which was requested by the City of Boynton Beach in lieu of closing the intexsection at the site of the repair. This includes.a a.fflc c~atrol lights, barriers and devices; plaeeanent ,o~ concrete barrier around the work area and to channel traffic away from same; the installation of a full width temporary asphalt, detour south of the work area, with slriping for two lane-two way traffic; and dosing the ex~sting Westbotmd lane from US t (Federal Highway) to just east 0fNE 4' Street. A Sewage Bypass Pu~ ~ ,ping s ,y~te~ will. be;empl_o3[~l:, to reroute sewage from the .mm~. O~e just west ofthe damaged line (Upstream):iJir~lyintotl/,lffi~~ely 300' east of.thew0ttearea-This pumping is designed t6 handle flow rates up to~ t 000~ if tt~m~/ent~fl6w ~tcee/dsthiS rating, ~ddifional pumps will be r~ Tliis measure mult!~¢it prevents any further l~ovemeaXt of ~md into the Oe, w !i~ ~sta~ mitigat/ng~,~y poss~le damage ad~ tothe t~vo 7 four inch pumps op~,K;i ,g in'file stafi0n~ and l~0vides a ~'dry'rpipe &wnseeam to alli~v r~ at the dmaage loeatio~ 350' alaoroved Ixen~h box. e~Ac~lMfi~ shag ~i~s ~ is the essen~ Of this Pre ' .lim~'y Estimat~ All by City of Boynton Beachi ~,~e ev0nt~ ~em~: cannon:be ut~ized as planned, this will be considei'ed an tmforeseeaa condition md ~ to accordingly. described. on site, a the line, pursuant to pictures, taken ts unknown at this time. It ,~ location as is directed by City of Boynton Beach representative accordingly. of the line ~s 13 feet belov~ ~g grad~, mad ail'j~!e~t to detoured ftaffi¢. Cae match shoring symma will be removed and a m~ baek~,pefformed to ~ ~e t~e~da ~ at~ whleh procedural efforts and dens.es due to the nature of · Restoration of the work a~a ~ ~ 0f~ ofbot~ pr~, ,opsly oristing roadway and completed original 6/mlract work ~ o~ deslz6y~l~¥r~ ola~afi~ms. This ~n¢lud~but is not limited to limerock base, asphalt, curb & gutte~ an~sidewalk. · Removal of the detour and temporary asphalt'will boprosecuted when all aforementioned operations are completed, and at the written direetien of the ~ty o£Boynton Beach representative On-Site. · Upon removal of the traffic management plan components, and final cleanup of repair work is complete, Time & Material charges will cease. Mr. Larry Roberts City of Boymon Beach 6/16/00 - Page 3 The Preliminary Estimate for the Scope of Work identified ia $ 62,281.13. GENERAL CONDITIONS: 1. Written approval of the Traffic Managemett~ Plan by the City of Boymon Beach will b~ required prior to work commencing: - 2. It is requested at thistim~ ~t the ¢i[y of Bo:mm Be~:~¢h Provide flow data for this locati~n ~favailable, prior t° ~' P6°n °f th~ Sewage Pumping ~s System~ 4. SCI is:relying UlXm the City ofBoyntm B~ach to provide any and allinformation ~gto existing utilities ~ ~,e~l, ~directty b~ C~ity;pfBoynton/l~ac_h' of Which as-builtsmay?Ot ~e~be~?issued as,yet 6. 7. 8. ~ ~he P~Pe. witl be put :inwriting ~xtd PAYMENt: Payment to be made on all Time and Material co,ts plus I5%. 4. Time & mobilization on a per event 5. ffexcavation for OSHA Trench Safety [ initiates Mr. Larry Roberts City of Boynton Beach 6/16/00 - Page 4 A cost of $500.00 per day will be charged in addition to direct Thne & Material costs as Preseawation of Schedule for each day repair work is prosecuted, such days calculated per Item # 3. SCI has incLmted 14 calendar days in this Estimate. 8. Engineering Inspection has been included ~ $90.00 per hour fi>r 8 hours per day for 8 days. 9. The City of Boynton Beach will approve, in writing, the laber and equilxne~t rates attached prior to commeaxeement of work. Labor burden is caleulated at 52%. 10. It is _~und~s~ood and is a COnd~,~'on~ of the?re~ ~a~ry E~te that funding and~ payment is being made directly by Cit~ of B~oyalon Beach to SCL via a Pu~ckas6 Order: No reteaation' is to be Withheld at time ofpaymont. Due to the EmergeflCY Statos of this situati~,,, sCFs focus onthis project will be solely on the repairs required to the system andxeadway, and will. prosecute the work ~:a- timely, efficiem, m~d prOfessional manner mill completed. /- Bob Murphy Jhn Alle~ Bruce Wolosyn attachments: (2) Smith & Coml~ny Inc. Gateway Bird. from North Seacrest to US 9901 Schedule of Labor Rates ,Cla. ssifiCation HourlyWage Burden~52% Straight Time Overtime I~i~-tMa,~_~",~r . ' _ :.$38.00 <7 :,;$~.~$ S95~75 - ::$143,64 Rates ~nclude 52% Burden r TOT¢~ F.~2- ET GRADERS 12G .._ ' 12H .. $ 50.00 $ ' 25.40 $ 7540 $ 86.70 140H $ " 58.00 $ -25.40 $ _.'' 8340 $ 95.90 14G "' $ '- 58.00 $ '" 25:40 $ 8340 S 95,90 14H $ 60.00 ~ $ 25.40 -$ DOZERS D3flP $ 35.00, $ 2t,'.00~ -$ , i56.00 $ ~, .an 70.20' mc LG $ 4040 $ 21.oo~ ~ isl oo s D4H , $ ,50;00 $ 2:1.00 $ ' ;~ $ .50.00 $ 2~.00' '$ :00 $ r DSH DSM _~., 75~00, $ "' 2~.00' $ se.,ao s '' "- - ' 121L00 $ {39;20 WA400 $ ~VA420 $ ~00i :$ ~, ~i~ ~$. 74~50: S 85.~ 950F $ 55:00 '~; 19:5G: ?$ '74.50 S I :'; 40490 S Equipment Rental ~ Sh~t ~ ~ ~ ~ - 181.~0 NOTES. :' ', ~-'~'~ : ',h' Overtime for o~r Is NOT me.,lu,~',~tes~ ,'. ,~ above. ]2. Four (4.) hour mlnlr~um fermi is ~. ~3. Delivmy (mobili~0n) d ~,pm~job ~ NOT ,nd~ m ] may r~u~e oas ~,su~n~~. ]4. O~h~ and pma,,m~-up (15~) ~[~ ~ = ~n~s ~n~ mw ha. m~i~ I owab e m~ku ' ' t m~ ~u m ~ . E~r~lt Rent~ ~ Shee~ Page2~f2 Last U~ama: 06/1ar'zOO0 TOTRL P. 02 Requested City Cormmssion Meeting Dates [] Mamh 21, 2000 [] April 4, 2000 [] ApnI 18. 2000 [] May 2, 2000 IV-CONSENT AGENDA ITEM H CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk!s Office March 8, 2000 (5:00 p.m.) March 22. 2000 (5:00 p.m.) April 5, 2000 (5:00 p.m.) April 19. 2000 (5:00 p.m.) Requested C~y Commission Meeting Dates [] May 16. 2000 [] June 6, 2000 [] June 20, 2000 [] July 5, 2000 Date Final Fonu Must be Turned m to Cit~ Clerk's Office May 3, 2000 (5:00 p.m.) May I7, 2000 (5:00 p.m.) June 7. 2000 ~5:00 p.rm) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to allow the Director of Financial Services to implement a program with Bank of America for use of pre-authorized debits, credit cards, and debit cards foi paying utility billings, recreation program fees, as well as any other potential fees owed the City. EXPLANATION: There have been numerous inquiries by the citizens of Boynton Beach regarding paying utility billings by use of a pre-anthor/zed debit. This would allow seasonal residents the opportunity to authorize the payment of utility billings as a debit charge directly against their bank account. In addition, the Department of Financial Services would like to expand our services to allow the City to accept credit card and debit card payments. In order to accomphsh this goal the City would need to enter into an Automated Clearing House Service Agreement with Bank of America. This would allow pre- authorized debits to be processed against the customers bank account. PROGRAM IMPACT: The implementation of this program will result in a direct benefit to the citizens of Boynton Beach. It will allow timely payment of utility billings on a regular cycle. The convenience of accepting credit cards and debit cards will contribute ~o assisting those citizens that register children for summer camps, athletic programs, or special interest programs. At the same time it will assist the City in providing a more timely cash flow for :ollected funds and reduce the processing costs of handling checks. HSCAL LMPACT: The City currently has an imprested balance with Bank of America to cover banking services fees. This imprested balance generates sufficient interest to cover the additional costs of implementing this program. ALTEP, NATIVES: Continue to provide the current services to the ciUzens of paying by use of personal check or cash. Director of Financial Services ' '/ City'Manag~'s Sig~l~/ ' Department Name City Attorney / Finance / Human Resources S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC City of Boynton Beach ACH M~in~enance - Per Month ACH Items - Per Items ACH Transmission'- Per Transmission 20.00 0.075 10.00 Additional Charges that may apply: ACH Reversals ACH Reclears ACH Return Item NOC $ 7.50 $ 2.50 $ 3.50 Service utilized but not listed on the above schedule of fees will be charged at ~utually ag~j~.~ed upon prices. Additional information regarding pricing or s mai be~ained from your NationsBank representative. ~ AUTOMATED CLEARING HOUSE SERVICE AGREEMENT This Agreement is mede as of the day of .19 , by and between each of the undersigned customers signing this .~ ~.Agreament on the execution page(s) hereof (individually and collectively the "Customer") and each of the undersigned banks signing this ~kgreamcnt on the execution page(s) hereof which malntmns a bank account ora Customer (individually and colle~ively the "B ank"'~. ~;~ier _vn?bes to init. ia.to p. aperleas Entries ~es her~!n d,~.efin..~..! ~o or through Bank tO accounts malnminad at Bank and/or other fmancial muons oy means or me Automated Cleanng House( ACH 3 through which Bank initiams and se~es such En~-ies. For and in consideration of the promises contained herein and the performance of the obligations specified herein, it is agreed as follows: Def'mitions. defined). As 1. Bank Procedures. The Bank's operating procedures for ACH services. 2. Entry. The term"Entry" shall have the meaning provided in th,,e Rules and s,~hall ~.,so mean the. data reea red from Customer ,hereunder from which Bank p~par~s Entries-' Any E~ shall either be a credit Entry or a debit Entry. as further defined in the~Rul~s. 3, NACHA. The term "NAC~" means the N~io~nal Automat~,Clearing House Association. 4. Provid6r. Th6 term "Provider" Sha I ..... mean a third party serwec provider to whom Files are dehvered by Customer for further proeassmg and delivery to Baak. Rules. The term "Rules" means the Operating Rules of NACHA. aa they may be amended from time to time. VRU. The term "VRU" refers to a yoica Reapo~nse. Unit utilized in certain Bank ACH Operations sites to gather file information from customers and to confirm the acdurac~ Of that information to customers- Operation. cRuffisto~ Custo, m~er ~mi Bank shall be bound by and comply with the Rules and Bank Procedures in effect from time to time. Both met anct ~ank acknowledge that the obligations of each hereunder are subject to the Rules and that in the event of a conflict betw~an the Rules and this Agreement or Bank Pr0cedures,.the Rules shall govern. This~Agreament or Bank Procadums may, how- ever. rmpese additional obligations upon Customer or Bank nor inconsistent with the Rules. A copy of the Rules is available upon request at Customer's expenke. Au~.oqza. fio.n~.' ?sto_m?r sh.all ob_.min a .signed .authorization fi'om any Receiver authorizing Customer to initiate ACH Entries and enanung me Receding DepOsnory Fmanciul Insmufion CRDFI") to aCCept such En~es for charge against or credit to the Recaiver's ~;~t.._ T~e o .ri~nal'or a c0.py of .each authorization shall be retained by Cummer' for a period aa prescribed by the Rules after the t~rrmmmon or revocaUon nf sanh anthonza~on. Alt such anthonzauons shall bo procured in accordance with the Rules and Federal Reserve Regulation E. Customer shall, upon the request of Bank or RDFI. furnish the original or a copy of such authorization. Security Procedures, Prior to or at the same time it delivers a File directly lo Bank (other than through a Provider), Customer shall deliver to Bank a VRU message or mmsmirtal register which shall contain a summary of the File and a total of all Entries making up the File. With i'espect to any File containing credit Entries othar ~un PPD credit Entries, Bank shall verify the authenticity of the credit Entries by telephonic call-back to an Authorized R~presentative as indicated herein: Name of Authorized Representative Telephone Number If an Entry received by Bank purports to have been delivered or authorized by Customer, it will be deemed effective as Customer's Entry and Customer shall be obligated to pay Bank the amount of any such credit Entry, provided Bank acted in compliance with the security procedures set forth herein. Customer acknowledges that the .security procedures set forth herein are commercially reasonable in light of Customer's~cimumstaneas and the type ahd frequency nf Entries initiated hereunder. Customer further acknowledges that the security procedures set forth hcreln aro not designed to deteat errora th transmisalon or daplicate:Entries or duplicate Files. If an Entry (or request to cancel an Entry) received by Bank was delivered or authorized by Customer, Customer shall be obligated to pay the amount of the Entry as provided herein, whether or not Bank complied with the security procedures with respect to that Entry and whether or not that Entry wes erroneous in any respect or that error would have been detected if Bank had complied with such procedure. Initiation of Entries. In order to initiate Entries pursuant to this Agreement. Customer shall furnish Entries on the medium and in the format specffied for thetype nfEnWd by the Rules. Each Entry must be delivered aa specified and in accordance with the camff times and other requirements stated herein and in Bank Procedures. Bank ~y liandl~ Entries and Files delivered by CuStomer to Bank. and those it receives from other customers, in any 0~r sel~ by B~ in its sole discrefion~ ~d Bank may ~ ~y ~S 0~ ~0ute~ . ' it cxeCU~s suni/Entri~ bY ~g th~ Eh~$ t° ~ ACH ol~ef i'at°~i ~ $~ .n0~,~ ~?!,g..~ ~0 ~V~.:de n0~ce ~ ~$~ ~me.r.~f ; wansmi~ Of Enlri~ to the ACH oPerator~ If ~sto~ del!vets or~r~sn)atS Enroes !o a Pr6~der for ~proc~. ,1,ng a~o de!Iver~ ~ to Bank, Customer must comply with ~ ~del!very ~hedu!e~ ,f~ P~ and ~ ~ ~ Qg~wrn~ P%nolificaliom.~ ~smme,~ ~h~i ~omPiy ~/{6a iheip~ofifi~ p/rOCedures p~ by the Ru!es; Remaldng EntrieS-In the event En~es are:rejected by ~l!e ACH Opexato~ 0r~f? ~Y reason o~her gh~ .B _ankhs n~g~ Cfi~{omef S~I be obligated to ~ SU¢~ EntrieSi Cyb~r s,~ r~ ~ffproyi~ ~ ~ ?P ~>~: ~ugi~ ~! mf0~o~ n~ Retums' ( , 10. 11. Settlement. 1. Customer Accoums. Customer shall maintain an account or accounts at Bank. through which Entries~ ~tum F,,nh'les. andadjustment Enlri~ may ire debited or credited. Customer agrees thai B~may _d~bit any accomR of .C. ~.~.o~ ~. l?llk~fof. _an_Lf~..n...~~ ~ct~t o Bank he'rider, and shall'credit an account dezig~t,,,t by Custon~r for any amount rece~vea debit Entries or adjustraent Entries, Bank shall be entitled to withhold the availability of funds credited to Customer's account hereunder for up to slx (6) business days after the Settlement Date for such Entries or adjustments. Bank shall not be required to provide notice of the crediting or debiting of any account of Customer at Bank hereunder, other than to provide Customer with its Payment for Credit Entries. By the opening of business at Bank on the Settlement Date with respect to eanh Ent~ or group of Entries, · .... Customer shall pro'nde Bank wtth h'nmediately availeble, finally collected funds in an amount equal to such credit Entry or group of credit En~es. if such finally collected funds have not been prodded to Bank. Bank may, in its discretion, debit anyaccount of Customer maintained at Bank for the payment of such Entries. Pre-~ Bank rgserve~ the right, in. its sole di,~cretion, to require either (i} payment in finally collected, immediately avallab e funds for '~, ~it~ En~ffy prior to.~e~xer~ULing such En~ ,~.~ ot (i~)i that finally collected, immediately available funds be placed in a separate pledged d~posi~ac~ount ( Col~lateral~,cc0unt ) ~qual to ~h~ amount of any credit Entry prior to executing such Entxy The Custume~ ~hy ~t~the Bank a security interest ir~ tl~e ~gilateral ACCOunt. In the event that, ~0r any reason, the Collateral Account contt~se~: ~,ex.acU~ sa? E~n?es until ns ~rst regulad ,y. scheduled transonss~on to the ACH Operator after the Collateral Account · ssumqentxunos, ~ms-~`grcement~suntaered~agreementandtheCust~mersha~notbeentit~edmadvances~r~an h~nder, despite~uny prior course of dealing. ~ Pro~°~:.?lem~ CUs ~t~ .~g~0wie~gas that ~e,Ru!gs provide that paYment, of an Entxy b~.the RDF~I to the Receiver is ,--. ,-~ ~l Lo~ ~mlu~ go a~re .~ a..lrOm the Keceaver or,the amount credited, and Customer will not he deecn~ m ha,~ ~alcl t~. Receiver ~ amofint Of sueffav, dir EntrY. ............... ; - r ..... .~ ....... , , . try p ev perunttco vymg~lla~ ~a~: ~law Bank~shall, r/pt be liable with respect to such Entry melhdin~.anv liability__ With r~r~r ca~nYt~nC, h ~!i~n_~,eSs~,tomer ~ ~ny so.ch unau.thon .z~d. or erroneous Entry within'30 days of recerpt of ibc stat~ment'or c6nfirma~on mg lmormatmn w~m respect mereto, whichever is enrlier. Varranfies. Warranties of Cnstoreor. Customer warrants to Bank and all other parties entitled to the benefit of such warranties pursuant to the Rules thac Customer has complied with the pronotificafion procedure set forth in the Rules. including the forwarding of a copy of any anthorizatio~ agreements requested as a result thereof. Each Entry mttmted ~s t~mely and ~s m accordance w~th an authonzaaon agreement which Customer has on hand. executed b)~ the Receiver ~ whose account the Entry is to be credited or debited. At the time each Envy is Uansmitted to the ACH Ope, r. Customer does not have actual knowledge of the revocation of any authorization agreement by the Receiver. The Entry complies in all other respects with the requirements of the Rules and is subject to all other warranties required by the Rules. Customer has estabLished and will maintain procedures reasonably adapted to comply with the Electronic Funds Transfer Act and F~_e~ Reserve Regulation F,. as they may be amended from time to time. Breach of Warranties. If Customer breaches any of the fumgoing warranties. Customer shall indemnify Bank, and all other parties entitled to the benefit thereof pursuant to the Rules, from and against ~ny and all claims, demands, liabilities, expenses (including reasonable: atiome, ys' fees and costs), loss or damage resulllng dLrecfly or mdircetly from or arising out of any breach of any of the foregoing warrant~es. Liability; Limitations On Liability; Indemnity. Bank shall be responsible only for performing the services expressly provided for in this Agreement, and shall be liable only for its negligence in performing those services. Bank shall not be responsible for Customer's acts or omissions (including without limitation .th_e, ~a~o. unt,.~,.~ ~of wans~mittal or due authorization of any Entry received from Customer) or those of any other person, mcxuoang vnmout nuntautm any Federal l<eserve Bank. any Provider, any ACH Operator, any Receiver or RDF/(inelnding without Limitation the remm of an F, am'y by such Receiver or RDFI), and no such person shall ~e deemed Bank's agent. Customer agrees to indemnify Bank agains~ any and all claims, demands..liabilities, extramses (including reaSOnable attorneys' fees and costs), loss Or damage resulting directly or indirectly from Or arising out of any aa or omission of CUstomer or any othei' ~n described in this peragraph. In no event shall Bank be liable for any consequential, special, punitive or indirect loss or damage which Company may incur ~r suffer in connection with this Agrecmant. inc!ud}ng wxthou~: hrratat~on los. s or ~ .f~. m s~bs~], ue~, t ~n ~g~. ,1, dis h,o,,~n.o r~ ~r~e s_u. ~n ~ ~fm~j~ be Sank'~ acts or, omi~sions~i~u~uenl ~o tiffs A ,~.:~_ ~.m.e~t. ~ga~e.~? of w~eth_,e? ~ ~CW ?~ shou? h~av~- ~1~, o~ ~ ~es, n~' iiicnired: {n n6 eVent.~hall B~ be responsible for Custow-er's aUom~S~ fees~ -' ; '~ ' ' ' '~ '' :, Headings. The headings of Paragraphs as used herein are for convenience only end shall not be construed,to be pa~ of the text o! this Agreement Termination. This Agreement may be terminated at any time by either party upon written notice to the other pany~ provided, however, that the rerms of this Agree~ shall continue to apply to any Entry initiated hereunder; and provided, further, that termination by Customer shall not be effective until acknt~dedg~.d bg'Bank's ACH Department. Schedules. Each end cvet~ Schedule referred to herein which i~ executed by the Customer is incorporated herein end made a pan of this Agreement. Complete Agreement. This Agreement constitutes the entire agreement between Bank and Customer and supersedes eny and all other agreements, either oral or written, between the paffies with respect to the subject matter hereof. This Agrcement thenrporates by reference, all corporate resolutions, and all terms · - ' Customer's accounts with Bank, regardless of of any deposit agreement, other agreements and all roles and regulations governing or relatlng~tween such deposit agreeraem(s) or other whether such agreements have been executed by Customer. In the event of any inconsistency · . · ~ ,i i this Ag~cmenc This Agreement may also be amended, fi.om time to time, by a writing executed by the parties hereto. Governing Law/Jurisdicliom applicable provision of federal, or state:law, and the Ru . .. cell pro ,.. .... ~.,. _.~...i..~ ..m..,. is located, and anuhcable laws office is iocated, which shall have subject:matter jurisdiction of eny proceeding related to cms .,~,grcemem. Notice~ Bank shall be entitled to rely on any written nonce or other written commumcauon believed by ~t in good faith to be genuine and have ~enn signed by the parties to this Agreement described herein, and any such communicatioh shall ~e deemed to have bees signed by such person. 2. All other notices required or permitted to be given in writing hereunder shall be delivered, or sent by United States registered or certified mail, postage ' - - prepaid, or by express earner to the pames at the address for each described herein. Nonassignability. Customer may not assign or transfer its tights or obligations under this Agreement without the prior written consent of the Bank. Multiple Customers; Multiple Banks. ~t~S A_gr_~_ ~m~_nt !s exe~:ure~ by.mo, re than one Customer or Bal~, this Agreement shal! be deemed tO be a separate Agreement between each tomer aaa eneh Bank maintaining an account of that Customer. Counterparts; Additional Partiea. This Agreement may be executed by any of the pardes hereto on one or more counterpa~s, each of which shall be an executed original end all of which shall constimre one,and the same Agreement. Subsequent to the date of this Agreement, additional banking subsidiaries of Bank of America Corporation ("Additional Banks") and additional Customers .... ,, · ( Additmnal Customers ) may be added as partxes hereto by the execution of a counterpart signature page of this Agreement by each of the Additional Banks or Atidiliuna] Customers, and, in the case of an Additional Customer, by the execution of applicable Schedules, Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining ~mvisions shall in no way be affected or impaired. iN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed this dayof .. ,19 Address Signature Title Bank of America, N.A. Address Ti~e Signature Title (If second signature required) Requested City Comm/ssion Meeting Dates [] March 21. 2000 [] April 4, 2000 April i8. 2000 [] May 2, 2000 V-CONSENT AGENDA 'ITEM 'I CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date FinaI Form Must be Turned in to City Clerk's Office March 8,2000 (5:00 p.m.. March 22, 2000 (5:013 p.m.) April 5, 200{) (5:00 p.m.) April 19,2000 ~,5:00 p.m.) Requested City Commission Meeting Dates --] May I6 2000 [] June 6, 2000 [~ June 20, 2000 [] 5. 2000 Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 5:00 p.m May 17, 2000 5:00 p.m.) June 7, 200~ (5:00 p.m.) June 21, 2000 (5:00 NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal 1-- Bids [] Uafinished Business [] Amaouncemem [-- Presentation RECOMMENDATION: Motion to approve the issuance of a purchase order and payment to G.E. Capital Information Teclmology Solutions in the mount of $41.516.40 for the renewal of the Master License Agreement [MLA) maintenance and purchase of additional software licenses from Novell Inc. EXPLANATION: · Covers our installed base of 438 nodes (395 personal computers, 68 printers, 3 print servers and 8 file serversj for the following Novell products: Netware 5.1 & prior vers~om, network file and print servers operating system Border Manager Enterprise Edition, network firewall and caching software Zenwurks for ServersfDesktops Bundle, network server and desktop management (formerly ManageWise) · Provides prermum software technical support contact for the products. · Provides at no additional cost version upgrades of all licensed Novell software products when available. · Provides ar no additional cost patches for Novell software problems when available. · Necessary to meet licensing requirements for our installed base of systems. PROGRAM IMPACT: · These sot%rare products support file and print services for desktop applications & document imaging used by all departments every day. · They provide the first layer of security for user access to network resources. · They provide firewall security between the [utemet and internal network to protect city systems and data. FISCAL IMPACT: · Sufficient funds are available in the current ITS budget. · This is a budgeted maintenance and software purchase line item. J:~SHRDATAklTXAdministmtion\Comrmssion Agendas~Novel] MLA and Maint June 2000.doc Page 1 of 2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM · G:E. Capital Information Technology Solutiens is~the authorized vender, for Novell Inc. under the State. of Florida term contract 252-009-00-1 Computer Software: 3!uvell for MLA pur~Imses~ ALTERNATIVES: · Use alternate sources: These mammnance serffces are only available fr°m the original software vender, · Use alternate vender:. (obtain best streetp~ ~c~ g vs. MLA) The MLA pricing ~ ¢~siderably mor~ cost effective whe~a consxderihg, th~ life cycle cost of these products. We are'receding prices at l~ie same Ie~el as major commercial operations. · Not i~t~'~ie the~operating systems: Couk[ le~Io adverse effects on our application software and services, · If maintenance is not continued the cost of may operating system ?oftwa~e ~pg~aded would be the current market price for the sof~o~vare at the time of the upgrade. Thi~ is normally much higher then'centmumg maintenance. In formation~echnology Services Department Name city ~h~ger~gpt~e City Attorney F/nance / Human Resources j:\s HRDATA\IT~Adm/nistration\Corm~ ssmn Agendas~Nov¢ll MI~. and Maint June 2000.doc Page 2 of 2 PURCHASE EEQUISI'~N NBR: 0000009540 STATUS: DEPT APPROVAL REQUISITION BY: ~TS REASON: SOFTWARE LICENSES AND MAINTEN2%NCE DATE: 6/21/00 SHIP TO LOCATION: ITS SUGGESTED VENDOR: 1235 G.E. CAPITAL IT SOLUTIONS DELIVER BY DATE: 7/30/00 LINE NBR DESCRIPTION UNIX EXTEND --- QUANTITY UOM COST COST VENDOR PART NL~4BER 1 NETWARE 5.1 & PRIOR NODE LICENSE CONT 138 00 EA 91.6400 COMMODITY: COMPUTERS,Dp & WORD PROC SUBCOMMOD: SOFTWARE LICENSES 2 ZENWORKS SRVR~DESKTOP BUNDLE 1-USER LIC COMMODITY: COMPUTERS,DP & WORD PROC. SUBCOMMOD: SOFTWARE LICENSES 3 BORDER MANAGER ENTERPRISE EDITION NODE LIC COMMODITY: COMPUTERS DP & WORD PROC. SUBCOMMOD: SOFTWARE LICENSES 4 NETWARE 5.1 & PRIOR MAINTENANCE CONT COMMODITY: DATA PROC SERV &SOFTWARE SUBCOMMOD: SOFTWARE MAIN~/SUPPORT 5 ZENWORKS SVR/DESKTOP BUNDLE MAINTENANCE CONT COMMODITY: DATA PROC SERV &SOFTWARE SUBCOMMOD: SOFTWARE MAINT/SUPPORT 6 BORDER M3LNAGER ENTERPRISE EDITION MAINTENANCE COMMODITY: DATA PROC SERV &SOFTWARE SUBCOMMOD: SOFTWARE MAINT/SUPPORT 12646 32 LIC-005379-001 238.00 EA 34.2200 8144.36 LIC-005427-001 118.00 EA 24.9400 2942.92 LIC-005222~001 438.00 EA 23.2000 10161.50 MNT-004889-001 438.00 EA 8.7000 3810.60 MNT-004917-D01 438.00 EA 8-7000 3810.60 MNT-004807-001 REQUISITION TOTAL: ~1516.40 ACCOUNT INFORMATION LINE ~ ACCOUNT 1 00115105134691 PROJECT % AMOUNT 2 00115105135125 100.~0 12646.32 3 00115105135125 100.00 8144.36 4 00115105134691 100.00 2942.92 5 00115105134691 100.00 10161.60 6 00115105134691 100.00 3810.60 100.0] 3810 60 41516.40 REQUISITION COMMENTS: REQUISITION IS IN THE CURRENT FISCAL YEAR. STATE OF FLORIDA TERM CONTRACT 252-009-00-1 COMPUTER SOFTWARE: NOVELL NOVELI MLA ID NUMBER M5Z388-048Z06 BILL TO: CITY OiF BOyI, FfON B~F~_cH PLORIDA BO~TgN ~ ~ 3~25 QUOTE $1{IP CiTY Ot= BOyNTON {{]{ACH FLDRIDA F'iNANC~ DEPARTMENT BOYNTON BF. ACH FL Ta,,~mble Stt~Tet~l ~qou Taxable Sub.TOrsi Total ~ Totat S,?O ~810.$ N 0.00 41 MASTER LICENSE AGREEMENT CUSTOMER GUIDE THE SOFTWARE YOU WANT Sot~vare technology - like the needs of the people who use it - changes daily. Not long ago, software was used only by specialists rather than the general public. NOW, Worldng at Interact and intranet speeds softwvare interfaces with nearly every aspect of our lives - in work, play, education, and enter~aimnent. Sof~ware has become mere sophisticated, esneciallv in the worlmlace At Novell .-,~' ...... :---'-- -' " - --- -- evomuon by assigning taster, more robust, and reliable software to meet the changing challenges and expectations of our customers. THE TECHNOLOGY YOU NEED So,ar? ke.e.p~ ~ m t:ouch with our most precious business resource-~information. Novell pioneered the network computing field, and our soti~are has Deon atthe heart of infurmation management for'more than a decade. As the massive potential oftha Interact and today s busmess mtrauets are recogntzed Novell s wealth of experience ts makxng global network computing a reality. Noyell Provides an informafi0 .n infrastructure that helps you stay in qonh'ol of your resou, rces and ahead of your competitors with market ~eadi~_g solutmn~ such as NetWare*. Novell Directory Service¢' (NE)S'"), Novell BorderManager'", GroupV~ise®, and ManageWise® THE PARTNERSHIPS YOU REQUIRE Of 9ourse, you demanc!more than just proven~ software solutions. In today's highly competitive business environment, he whole soft, var6 ownership experianee from pre-sale/o installation to izpgrade impacts corporate dfficfency, profitability, and success. As a result, you rely on informed advice from your partners and suppliers. The sofiwvare you use ha~ to deliver a great r~mm on investment. Vendors must understand your requirements and accommodate them on a worldwide basis. Security and support need to be assured, allowing you to focus on the corn activities of your business. With these requirements in mind, Novell created Novell Customer Connections®, a comprehensive suite of sofavare licensing programs designed to help customers effectively plan, man~gn, and p?tact their Novell sofiware purchases. Novell Customer Connections helps you:minimize the cost and complexity as~ouiated ~ith purchasing soltware, simplify the management of software assets, and reinforce your relationships with our tra}ned and a~credited reseilers. MEETING YOUR NEEDS: THE MASTER LICENSE AGREEMENT The Novell Customer Connections Master License Agreement (IvlLA) is designed t,o, help large organizations save money and easily manage the services an~l fulfillment options they require. The MLA provide~ Novell s largest, global customers the freedom they want ro make purchasing deelsio?s at a subsidiary, division, or branch level and the control they need to minimize costs enterprise- wide Fl&xible and cust~)mizable, the MLA is the licensing solution for your organization, however large, geographically distributed or decentralized'. I'ha MLA program gives you for a more flexible method of implementing Novell systems across your business enterprise, while allowi~giyou t¢ maintain.close contact with No~ell for sales and technical support. Participation in the MLA allows you to benefit from the superior MLA discounts that recogntze~your volume commitment to Novell products. The MLA also Offers a direct parmerstli¢ with Novell that allows you to tap into our networking expertise, quality products, experienced account management team, award winning technical suppor*, and consulting services. You may also choose to leverage the expertise of key Novell partners for license fulfillment and management, auditing, and billing. HOW THE MIA BENEFITS YOUR ORGANIZATION The MLA'offers you several benefits to simplify the acquisition process protect your investment in Novell soCxware products, provide volume savings, and keep you in touch with Novell. These benefits include: Comprehensive Software Maintenance ML~ Maintenance is "software insurance" and technical support combined into one love fee, providing you upgrades to new product releases and support for your purchases directly from Novell. Node License Purchasing Novell System Products nodally through the ~ program reduces your software acquisition and management costs. This license option permits you to propagate servers freely throughout your organizal~'on, without additional costs. Master License Agreement Customer Guiae September 21, 1999 Novell Account Management An experienced account management team is available to play an active role in identifying and meetzng your company's requ'remems, such as strategic planning, network design_ and sales support. Volume Savings All your MLA purchases establish your MLA Membership Level, which determines yourpotential savings· Your MLA Membership Level is valid for the term of your MLA. The MLA's liCense-only purchasing also saves you time by tahing you out of the business of receiving and managing large sofnvace $hipments. Worldwide Purchasing and Prodnct Fulfillment You can leverage yow: cqmpan)'s tbtal buying~ower by allowing any s~Osiai~y or ~visio~ to t~ a&~ntage of you~ ~La ~?e~qhip Le~!./(l ~¢~5 ~q~e~ Site License The MLA Site License helps you contain costs and standardize on NoVellproducts by, purchasm~g licenses on a vb5-worlcstatibn o}. per2headcount basis The MLA S te L cbnse allows for slmp{ified, hcensE t(aclasg and flexzble confi~cltmn. ' ! · No~en Consu~tine'Serviees Consulting Services provi,des varlets cons~liing 9£ti~ns, qS~h ~ °ns~!~e gonsfi~ingi, ~¢.-i/it.e'~', ~.... i~"~atk/.~.~6, - ~--.' dft~rv.~ ~'deslgn~ ·at di~eou~ed· o rates' ~oussist' ybuii[impI~mehii~g'~erp~e'~O~;~lfin~ - Novell Authorized Education Trainin As an MLA customer, Novell Education offers you on, e free voucber~jbr any N~ve~ Auth~rized Educati~n c~urse ~R~ns~red by participating N~ve~ Auth~rized Edu~a~n .Centers addi~bhal graining vouchers available at your RILA diseoun~ MLA customerg aI~o.may receive, a~tvanced training from Novell and the opporiumty to become Restrzcted NArCs, allowing you to ioffe~: mte~nal tramzng, fo~ YOu o~gatiiSations. Novell DeveloperNetTM Enterprise Subscriptions DeveloperNet, ourprem~erprogramfor developers, prowde~, everything your internal de~elopers need to build, advanced applications and soluiiona for yq~r. com~pany. AdvineedTe~hnieal Training Videos The~'e~oro~esstonallyproducec~video tape{ offe~y~u~TTperofessionals a convenie'n~: &o~t-&ffeetive way to stay up-to-date with Novell products and te>chn, ~logy: MLA Software Demonstration Pro g ram Novell. will~e~:iodically. {hip you~ · ~the Novell·: Soft. are (,XEL), a collection ~f ~ ~o he Novbll software~ on CD Tli?~ libkary pro~ide& access to the tatest;No~et~t~roauets.i ~ . ~ · ou may use the Sa£tware on the SEL to evaluate Novell products for a period, of gO dqys before purOhasmg Communication with Novell Ongoing, rwo-wqy eommunicqgon ~ith Novell is key to~your~ success in the,~ .roard~'dnd in ¢or~ii:g ~ith Novell Sbftware solutions Novetl has de&cared many resources melg~ding c{ ~4 cared sales su ort team, an MLA website, MLA informatwn exchange, local seminars, and bet~ test mte opportumUes, to providePffn~ recei,~e your feedbaclc and recommendations regarding Noveli products and s~rvices~. Ea~sy Re, Ee?al P, rotess Th~ MLA ,automatm~l~Y r%ene~ ~t 5kC;eh~ 0f ~ach ;~ °7.Ye.a.r Y~, ~°ff~in,ghY°U c~n,~nuous iervic~ ~'~ ~Ur,~vIEA ben~fiis and eliminating the time mxd leg~ costs i~ssocmte~d w3tt~sxgn!ngia n~v/agreement, COMPREHENSIVE SOF'DNARE MAINTENANCE Sofiware Mail~tenance is an integral benefit of the MLA program. It is "software instance" and techni~l supl?ort c9mb!ned into one low fee, providing yOU costieffectiw upgrades to pmducts released during ~he Maii~tehance period an~ tecohnical support direct from Novell. COST EFFECTIV ~E PRODUCT UPGRADES Maintenance is requk~d With purchas~ of all Novell products. When a new version of a Novell product is released, you are automatically licansecl to use the new product version and are entitled to receive the new product media, eliminating unforeseen software upgrade expenses. Maintenance has a fixed duration and covers all software version updates during the coverage period. As a result - depending on p~odtict releage kycles - you may receive multiple upgrades by paying a single inexpensive Maintenance fee for yo~ licenses. September 21 1999 Maintenance vs. Retail Upgrade~Comparison []; Upgrade License ~ Annual Maintenance MLA Maintenance is available on the most current version of all Novell products. Maintenance may be added after firs[ purchasing an upgrade license if you own an older version ora product. You can obtain advance notice of upcoming product releasestl~ough the Novell website, http://www.novell, comA NOVELL PREMIUM SERVICE MLA Maintenance also includes Novell Premium Service the ~';~* ~-~ -~ *--'- ' ' .......... organ]zattons that have centralized the management, control, and maintenance of their information systems, and employ skilled support professionals. These companies requirea higher level,of service~one that includes timely round-the-clock access to a rem of senior support engineers, as well as the most current rechincal information and support tools. Premium Service allows you the flexibility to build a customized support package that best meets your advanced support needs. The Premium Service package provides a specific set of services and tools, including the following features: Telephone support 24 hours a day, 7 days a week Account Management On-line incident submittal and U'acking via Interact Novell Support Connection CD site lieeuse Proactive Technical Information Service Access ro Advanced Technical Training Incident tracking reports You may also set up your Premium Service agreement to receiv,e either unlimited incidents for a specific number of authorized contacts (Contact Plan), or a set number of Incidents to be used by multiple contacts [Incident Plan). In addition ro the features described above, your organization may purchase any of the following services: Advanced Technical Training On-site Support - Proactive Analysis On-site Support - Premium Service Engineer Primary Support Engineer Dedicated Support Engineer Scheduled Stafid-by Cordigumtion Managemem Remote Services Additional Contacts or Incidents Additional Support Connection CDs Master License Agreement Customer Guioe 3 September 21. t 999 For more information about the technical suppor~ options available, please refer to the MLA Premium Serwice Guide available on the Novell Customer Connections website, http://~.novell, com/programs/ncc/mla, htmt. NODE LICENSE The MLA Node License allows you to p~C2mse Novell Sysren3~F[~ducts on a nodal b~e[ th.a~, by ~trati~ed server licenses. A node is a connection to the network aad~p~chased on a pro ~d¢~ 9('~y~produ~t basra. L~ m th~s manner ~s espe~talty advantageous for customers who raal~e [e connections ~t~'~ere,nt network ~¢~.l.'izmg thisldptlon~ ~nly one nodal lieens* is needed for each comp to the ~et~e~ ~an 9B;~ ~i:%ense. ~f9i'~?ch connection b~mg made. Ihn Node License dramatically ~implL,5~a~c~avork a~i~$~r~t~o~,~i~'license purcli~ ~o~ need onl. ypurcbase new licenses when new network connections ~re ~c~e3.'~hnS eliminatin~ ~hfi iiee-~'~o track every s~r~e3 copy installed}throughout an organization. The MLA Node License allows licenses to be purchased nodally, regardless of how many server connections each user object makes. NOVELL ACCOUNT MANAGEMENT One of the MLA's primary benefits is the unique relationship with Novell. An account team consisting of a Novell Account Executive. a Systems Engineer. and a designated channel panner, if chosen, wilt work closely with the appropriate groups within your company to service your needs and requireman~s. Novell Account Manager ~m Account Manager is assigned to your location to assist in strategic planning and. to serve as your key contact with Novell. This person also coordinates your partnership with Novell and ensures proactive assistance is provid6d on an ongoing basis. Systems Engineer (U.S~ Only) A Novell Systems Engineer (SE) can be enlisted to provide pre-sales support, network design, and proof-of-concept help. Channel Partnership Novell bas a network of highly qualified partners available to support you and your MLA. Approved parmers are compensated by Novell ['or handling product ful£fltmant and license management. These partners, who participate either as MLA Sales Parmers or MLA Fulfillment Agents. have met specific requimmanrs m participate in the MLA program. Each panner maintains a strong technical knowledge of Novell products and has a well-trained staff and infrastructure to provide you with product and other software asse~ management assistance. MLA Sales Partners can assist you with system configuration, mining, NDS implemantation, pm-sales planning, multi- national shipping, technical consultation, and NetWare 3.x migration. MLA Fulfillment Agents Can also provide these pre-sales and sales support activities, in addition to assisting you with software self-audits; order nggregation, and monthly reporting. Master License Agreement Customer Guide Seotember 21, 1999 VOLUME SAVINGS With an MLA, you can realize increased :ost savings m return for your volume purchase from Novell. Your MLA Membership Level is established through your purchases of new, upgrade, and competitive upgrade licenses, Maintenance fees. and Premium Service through your MI,A. Yom- MLA Membership Level determines your potential savings, therefore, the higher your MLA Membership Level, the greater your potential savings. Ali of your purchases through the MLA are cumulative. If your total purchases exceed those required for the next level of program membership; your MLA Membership Level will be adjusted; allowing yom- entire Organization to benefit from the benefits of the higher level. Novell confirms your total purchases annually to'determthe [f your organization has reached a new MLA Membership Level. The change takes effect for the next annual period:if a new level has been reached· Participation in the MI,A program begins with a minimum purchase of US$700, D00 before discount CUS$462.000 after discotmt). This purchase may ' ' · - - · constst of new lmenses, upgrade bcenaes, competrave upgrade hcenses, MLA Maintenance, and/or service fees· The combined purchases made by all of your company's divisions, subsidiaries, and affiliates apply toward making your initial qualifYing purchase, and then a~dumulate to help'your organiza~on reach progressively higl~er MLA Membership Levels The MLA offers tiered Membership Levels to ensure you receive competifice savings based on your volume commitment to Nov~II_ ~For more details about the Membership Levels} see the attached M.LA Membemh'~ Table.) MLA also offers you Price Protection, which guarantees the pricing for the products yo~u license Will not increase over the current term of your ~g~emant. This benefit is only available through the MI,A program and helps you to budget for and contain the costs of software acqmsituun. MLA list pricing is available through the ML21 P~oduct~lvailability and Price List, which is published monthly and available on the NOvell C~stomer CormectiOns Website. ht~d://~ivW, no~ell, com/programs/nec/. You can easily calculate the price and quantity of each product you naed to purchase with the price list and your MLA discount. MIA NUMBER A unique MLA Number provides Novell with important information about your agreement and must be referenced to obtain product pricing or place MLA orders. The MLA Number tracks various types of information includilig agreement type, and renewal month as a reference for simplified MI,A Maintenance purchasing. M 5 Z 379 000 i 0~ i , Membership Contract Location .amir Agreement Geographic Unique Geographic Type Region Contract Region of Contract Number Membership Geograpific Region Key ~ V = Japan / W =Asia Pacific WORLDWIDE PURCHASING AND PRODUCT FULFILLMENT The MLA provides global solutions for global customers. As a world ~vide organization, you have the option of allo~ving your affiliates, divisions, or subsidiaries to purchase under the terms of the MLA. Each of your business locations wishing to participate under the MLA must complete an MLA Membership Form (included as part of the MLA) and place an initial order for licenses or services of at least US$5,000 before discount. MembershiF locations also recetve their own unique MLA Number - based on the MLA Number of the signing location - which they can use to place orders. September 21, 1999 MASTER SOFTWARE One of the benefits of your MLA is the savings offime and money associated with using Master SoRware. You can save time through immediate access to your software, thus preventing delays associated with purchasing procedures and shipping. Master SoRware saves you money by eliminating multiple media and documentanon purchases of the same product. Your cost is furthur reduced through use of your Iv[LA Membership Level suggested discount. The M,3. st~r Sp,:[~.are you receiye, i~ 9omained/n~a Software teast~m~kit. Software Masters include both.~h~product media m'/nstall the ~0ftware.a~d a~..maste~ Version ,sed~ea License Disk~e~ n6~di~,~t~fo .6mlble the ~:~f~are~up. fo the,~mb~af, u~e,n§es :.- purchased.,This~ sof~.~ ar~ ~a.n..:he ,inst~Iled: ~,n;~eded to suPp~r~ a~ ~dditi6hai ~c~nse,p~d)ases of.the pioduc~ with6ut thee [!eed~ to order additional:media. MLA Maintenance, for, a~l~0guct entffies you.to reOetYe new masters each me a neW,Vmmon of ~e cmtered product is released. NOVELL CONSULTING SERVICES . N0vel};pro¥[~!~l't4!:~.~!¢oa~/isep~c~s'fo large compames, ha!P~ th?_m imN.~meas su?.enor e n~rgn, s e n e t ~.o,r~i~g,~l.u.~o n s h~&iq ,~,~ lq~fi~l~r0~tfi. ~is ~;an f,;~3~ Lmsfomer you can purchase Novell:Conauttmg at a a~scount~ ~emces avm~ame mtoug~ Novell Consulting are as follows: Design~g an Enterprise Directory !m~me~ng ~os~,['s [ntranat Solution ~ ~igni~.'. g. g Cn~upgVise 5. Messaging System ~r~atin} ~ NetWare 11~ Solution Integral/ny NT/nfo an NDS Environmem Desigr~rtg an Enterprise Management System Upgrading to NetWare On-Site Consulting Custom Consulting Service Novell consultants are highly trained professionals with years of experience in the design and implementation of large enterprise networks. They get their information directly from the source, working closely with the expert engineers in the Novell product design group. ACCess tO the latest product developments and dialog with product developers enable .thyn~ to be the most. e~cien5 consultants in the world, offering you the inghast standards of technical knowledge, expenance, and insight. For more mmrmatton see the Novell Consulting website, htrp:Z www. novell, com/consul~'ng/, or contact your Novell Account Manager. NOVELL AUTHORIZED EDUCATION TRAINING Novell recognizes timely and accurate technical information about product directions and the application of technologies is critical to the success of information technology projects. You will receive valuable savings on Novel] Authorized Education Training through Novell Education and Novell Authorized Education Centers [NAECs). You benefit from: A free course voucher for Novell Authorized Education The ability to purchase additional vouchers for training and student kits at your MLA Membership Level discount All voucher purchases being applied foward your MLA Membership Level A connection to the Novell authorized training chmmel Our NAEC partners, located worldwide, offer, training. . options fo meet your needs and schedule.. . You can receive, hands-on. ' _ experience with the latest sofozeare and technical eqarpmant. ~qAECs als0 offer courses m a va~e~y ? formats, mclud, mg ars, _t~.~cmr led classes, computer-based training, and workbooks. For the location of your nearest NAEC, wslt the Novell Educatmn weesate, htrp.-//education.novell, comA Master License Agreement Customer Guide 6 September 21. 1999 You also have the benefit of the following two oppommities: Ability to Become a Restricted NAEC and Offer Internal Training MLA customers may provide training to their employees by participating in the Restricted NAEC program. For more information on the roles and regulations of becoming a Restricted NAEC, call 1-800-233:3382. Advanced Technical Training MLA customers may participate in Advanced Technical Training up to four times per year. Novell offers in-depth quarterly workshops covering current technical topics of interest to experienced individuals who service and. support Novell products. These sessions are presented by experts from Novell rectmical Support, Consulting Services. Product Development, and Novell Education· NOVELL DEVELOPERNET ENTERPRISE SUBSCRIPTION DeveloperNet, our premier program for developers, provides eye, thing your internal developers need to build advanced applications and solutions for yom~ company. As an MLA2 customer, you ear, pUrchase a subscription to the DeveloperNet Enterprise at your MLA discount, providing the eoipbrate, developers in your organization the products, tools, i~'ormation, and support to do their jobs even better. This subscription is designed to serve a whole organization, ~lowmg you the option of designating up to two additional contacts m receive some of ~ DevaluperNet Enterprise subscription fe~tofes, such as the Novell Software Evaluation Library (SEL) and Novell Software Developer Kits (SDK). Pins, you can select up to 10 additional individuals to join the DeveloperNet Electronic level and receive on-line access to DeveloperNet. A~ter your subscription order has been received, Novell w/Il contact you for the names and addresses of the additional DeveloperNet Enrerprise,contacts and DeveluperNet Electronic subscribers: For more information see the Dev~loperNet website, ht¢://developer, novell, com, or contact your.Novell Account Manager. ADVANCED TECHNICAL TRAINING VIDEOS Advanced Technical Training Videos offer your IT prnfessionals, a convenient, cost-effective way to stay up-to-date with Novell products and technology. These professionally produced tapes feature Advanced Technical Training sessions presented by knowledgeable Novell suppor~ engineers. You can receive 40 percent off on your purchases of Advanced Technical Training Videos through your MLA. Access http://support, novell :om/addittonai/ad, ztt/us/on the Worldwide Web to order your videos. Fill out the order form and indicate 'MLA' on the type of licensmg program. You will be required to place these orders with a corporate or personal credit :ard. These purchases can only be made from Novell and do not apply towards your total accumulated purchases or Purchase Forecast· MLA SOFTWARE DEMONSTRATION PROGRAM The Novell Software Evaluation Library is the primary vehicle for the MLA Software Demonstration Program. The SEL is a library nf Novell software containing the most up-to-date versions of Novell products, as well es Beta released sol%yarc of upooming products, and additional Early Access Release technology. Through this program. MLA customers may test Novell products by installing the contained software for evaluation in their o[ganizafiun. The MLA Software Demonstration Program offers a review period of 90 days from the date of installation, aP:er which time the product can either be purchased or removed fi.om the systems· The SEL is updated periodically and sent to you for the length of your MLA. Additional subscriptions to the SEL may be purchased from Novell at your MLA Membership Level suggested discount. Pricing information is located in the monthly MiM Product Availability and Price List, available at http:/Avww, novell, com/programs/ncc/. COMMUNICATION WITH NOVELL A key component of your relationship with Novell is an ongoing, two-way communication. Novell provides this communication through various vehicles, including a desiguatad website, local smrdners, and forums with Novell Executives. Novell MLA Websites Novell Customer Connections has a dedicated MLA section on the Novell corporate website, l~trg://www, novell, com/programs/ncc/mla, html. This location contains up-to-date information on the licensing programs, links to the home pages nf Novell district offices and parmers, the latest information on Novell products and services, technology strategies, and promotions. Also accessible through this site is the current MLA Product Availability andPrice List. We encourage you to use the MLA website as a tool through which you can submit feedback to Novell. September 21 1999 [n addition, Novell's Major Accounts team has created a website for MLA cusremers which can be found at ht~.-//www, novell, com/corp/rna/. This website contains information such as an events calendar, information on new technology, and account contacts. Novell MLA Information Exchange Periodically, Novell may invite you to participate in special Major Account meetings. These meetings offer a forum for Novell Executives to exchange and share ~nform~t~?~ ~w!th yo~u ab0,uy~ our sfi:at~g~ d~rectibn_~or your,~emal plarm~ng'~purppses~o~1I also maml~.s ~ 'N~.~ ~ount ~vlso~y ~oara mat ~lu~es customer ~eprese~t afin~ ami:several CIO ro~nd:tahles' A~ jnf°rmativ~' ~ebsite~ h~://ww~:n~v~ll.com/cor4~maJ, hasbeen des~.g~d~speC, ffically for our MIA customers. .-- - Lanai Seminars As an MLA customer, you are invited to partic~pam in other events sponsored by local Novell offices including seminars, tectmology conferences, and techntc~ mf~rcatlon sessions. ...... ra' i' '~en. - .Acustomerstoberast. sites,forbetarelease · Beta Test Site Opportuntfies' Priority constde ad~anc~ i~ f4he~r gener~at~ava~-labilitg, and~mrq~%in~'.~:r~r~k~g ~ ~rO~U~per t~e~ ~ ~m~ ... Research Pnblica~ns Upon request 7ou .that covers network:ha&~ystems,integtati61~;~4¢P, :using NovelLtecl~ol0gies and tools sdch. a~[X~ [aterprise ~oh~ti¢ns,-Sldll, }.Tr?nsfe~ enterpfige netw0~king solutions. You may send ,~.~e ~.~bscriptions to Novell. APpNotesTM, a Novell publication ~?nd~a~ent issues. ¥0~ '~atfi~ec~i~b',,~ee mbschpfitns ~es ~&vdop~t of emprise ~mbtt~ a~l~ons ~ '~.wo~h~s~Nove~ ~on~ng S~[ces, ~ well ~ N9~911 ~ ~6~ati°njf~r ~e ~i~, ~nte~ti~g~ ~d ~lopment of ~aves to each wor~p MLA CONTRACT PROCESS AND MEMBERSHIP' CONFIRMATION . Your Novell' Ackount M~.~nager Can a~i~t ypu in planning your parcli ,~s of'Novell products and d~)eranmng ?e' MLA M~ ~embersh,P ..... . ~ ~-2:~ kx":~;`~°~in the ~`r~m:am~9~{ih~v wi~ ~s~ ~iesent to y~u the Master Licet~ ~greemenL up~n agreeing to the term~ an&conthaons Or'he agreement; you she , gn g gr initial Schedule ¢ had Pik~hasiOrde~to Novell at: ~ ~ Novell Contract Management Novell lnc 1555 North Teclmol0gy Way Mailsto~p !:I-211 Or~a IJ~ 840~7-2399 Your MLA enrollment is domplete when the Agreement is Welcome Paekel. ' processed by Novell. At this time, Novell will notify you with the MLA M[.~ WELCOME PACK~I' You will receive an MIA Welcome Packet from Novell upon completion of your thitial enrollment. It will contain valuable information, including: A final copy of your signed Master License Agreement Nofificafinn of your unique MLA Number and MLA Memberslnp Level information MLA Customer Guide Novell Product Information The MLA Welcome Packet will also contain information that will help you share your IV[LA with your divisions, subsidiaries, and affiliates to maximize your benefits. Once you have received this continuation, you may place additional MLA orders using your MLA Number. EASY RENEWAL PROCESS '/1aster License Agreement Customer Guide September21,1999 Al~er gour M~A Membemhil: Level has beer~ est,~lished, it remains valid for the cuirent te - the MLA automatically renews in addifior~l!tw~Zvear ineremantq a* fhk ~k~ ~- .. rl~ .o,fyour MLA. For your ~onvemance_ ~ ..................... ,m o~-eacn mrm, provlomg uninterrupted service of your MLA benefits. This el/imnates your time and legal costs associated with negotiating a new agreement. Please refer to the IVlLX for details on mrms and conditions of termination. IN SUMMARY ~n a changing environment thai poses particular challenges to acqu/rin~ and managing business software, the Novell Master License Agreement ensures your enterprise*wide business ~eeds are met. You have the flexibility through the MLA to purchase all Novell products and receive savings based on your total purchases. Multiple licensing and value-added service options help you significantly reduce the cost of acquiring Novell solutions. MLA Maintenance can further reduce die overall cogt of so~c~vare management and support. Through the MLA, ali your subsidiaries can easily participate, allowing you to leverage the purchasing power of your entire enterprise. With Novell and its gales Parmers and Fulfillment Agents fully supporting the MLA, you can be sure the professional advice and service you receive during your program term will further increase the value of your NoveI1 software assets. In addition to receiving valuable Program information from your Novell~ Account Manager, you may also obtain program information from thd Novell Customer Connections wabsit~,.http.-//w~'.novell.~ora/programs/nc~/. Please refer to t~is site for the man~S ts: Ur v~:enst'Informatlon on our hcen~mg programs, as well as links to Novell sales offices. Novell resellers, and Novell products ~ ~ ~, g . r~ease contact your ~ocat rqovell office for addtfional information. Master License Agreement Customer Guide 9 September 21, 1999 Suim 315 b.ttp://fcr~.stare.fl.us/st_conrracts/25200900 l./cere/ficat/on.htm Suite 315 CERTIFICATION OF CONTP CT TITLE: Computer Software: Novell BID NO.: Negotiated CONTRACTOR(S): Novell Inc. (A) CONTRACT NO.: 252-009-00-1 EFFECTIVE: July 1, 1999 through Jtme 30i Z00t (Rev 1 Iun 00) SUPERSEDES ¢ New ~ OF VONNIE A. AUTHORITY-Upon affi, rmafiye action tak~n b~Y the State 0f ?lo¢~da?e, paartt~ee~a~ef of Management Services or/june 23, !,999, a:con~act has oeen executea oer~veen Florida and the designated contractors. B. EFFECT - This contract was entered into to provide economies in the purchase of Novell So~ ail State of Florida agencies and institutions. Therefore, m compliance with Section 287.042, Florida Statutes, ai[purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING YNSTRUCTIONS r All purch.ase 0rd~ers shaft be.issu.edj.m a. cc, orda~,Ce.vW~ the attached ordering instructions. Purchaser shail ortter at the prices intncatea, excmstv · all Federal, State and local taxes. All contract purchase ord6rs shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purcha,se order, totaled. (This reqtiirement may be waived when purchase ~s made by a blanket purchase oraer.) D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering insmxctions. F. CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be used to provide your input and recommendations for.improvem, en~ i.n thE c.o. ntract, to ~State Purchasing for receipt no later than 90 days prior to the expiration aate oIttus contract. Authorized Signature VAJsec Attachments l of 2 6/21/00 3:14 PM Master License Agreement (MLA) February 2000 Product Change Notification Product Description ~,~r°duct Change Notification ~w Products NetWare~ 5.1 Media NetWare 5.1 Software Master US/Canada Edition (128-bit) (EngEsh) NetWare 5.1 Software Master Worldwide Edition (56-bit) (English} U~grade Al~y NetWare to ~!etWare $1 & Prior I O-Connection Additive L cense U~g~ade Ar~y NetWare to NetWare 5.5 & Prior 2S-Connection Additive License ~'~nageWise~ 2.7 M~nageWise 2.7 Node License Upgrade L cense N~w Licenses Ma~ageWise 2.725-User M[ahageWise 2 750-User ma"Number I US DoJJa, I LO=a Curre.cy~~- F Per~ N~Jmber US Dofla~ I LCCa, Currency-I N/A $18 · Mas~t~f Li~eri~'~g-re~n~ht (MI;A} February 2{)00 LicenS~ Pricing~ ":~ ~ !~i A~u~l~Maiht~ha~e ~ ~ P~Change N~ifi~tion .... ~ ~ ~'~' : ~' ' [ License Agreement (MI.A) February 2000 Product Change Notification Product Description ~ '~w Products =ogicSourceTM for NDS for NT Software Evaluation Library (SEL} Obsolete Product Media ~i~ et~Vare 5 US/Canada Edition (128-bit) $oft'a~re Master EngliSh t~Na~-e $& Pr or 100-Connection Additive License License Pricing Annual Maintenance Obsolete Product ManageWise 2~6 Mana~W ~e ~6~&~ LiC4J04924~001 S20.00 VianageWise AgentTM for Windows NT~ Server 2,6 Media MarmgeW-~se Agen[fpr Windows NT, Servec 2,6 Sq~ware Master NoCie License . Meh~i~Wise Agent for ~[ndoWS NT~Servdf 2~ Node License' Mada~eW-~e Agent for ~Vindows NT Server 2.6 Net~Nare Management Agent~ 2~6 NetScape~ Messaging Server for NetWare~ 4 and 5 S125,00 $21.00 $10.00 $695.00 $399.00 gREFt $15.00 S199.00 #REF[ Master License Agreement (MLA) February2000~ r License Product Change Notification Product Descr pt on/ · ~ Pricing Annual Maintenance Page5 0f 6 Obsolete Product Novell Education Student Kit Voucher Software Evaluation Library ($EL) $500.00 Requested City Commission Meeting Dates [] March21. 2000 [] April4, 2000 [] April 18, 2000 [] May 2, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VII-PUBLIC HEARING ITEM A Date Final Form Must be Turned in to CRv Clerk's Office March 8,2000 15:00p.m.) March 22, 2000 (5:00 p.m.) April 5,2000 (5:00 p.m.) AprR 19, 2000 (5:00 pm) [] Administrative [] Consent Agenda [] Public Hearing [] Bids ] Announcement Requested City Commission Meeting Dates [] May I6, 2000 [] June 6, 2000 [] Iune 20, 2000 [] July 5, 2000 Date Final Form Must be Turaed in to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) lune 7. 2000 (5:00 p.m.) Jun6 21, 2000 (5:00 p.m.~ Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the July 5, 2000 City Commission agenda under Public Hearing. The Planning andDevelopment Board, with aunaalmons vote, recommended approval subject to staffcomments. It should be noted that a condition of approval requires either the elimination of cooking and food storage elements in most units, or the amendment of the code to allow kitcheneRes in this project. Staff anticipates that the code amendment option will be selected by applicant. For further details pertain/rig to this request see attached Department of Development Memorandum No. 00-173, EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BRAI)SHAW BED AND BREAKFAST/PARK SHORE MANOR Peter H. Schmidt, Esquire Barbara Bradshaw 658 Manor Drive Request for conditional use/site plan approval for a nine (9) unit bed and breakfast establishment on 0.71 acre. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A "Planning arid Zonin?'l~irector CityAttomey/Finance Human Resources DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 00-1'/3 TO: FROM: DATE: SUBJECT: Chairman and Members P}~ing and Development Board-~ Michael Rumpf :Director'-of Planning and zoning June 16. 2000 Bmdsha,x~ Bed-and Breakfast(Park Shores Manor) ~ COUS 00-001 ,gml~ti°,nal:~Use an'd Site Plan,>ApPr0vai72 Bed ~:.Bteakfa~'t: 'i PROPOSAL SWM3La~y ~ Contained herein is a description of the subject project. The 15ropos~d project is situated on 9.71 acres of previously developed Property, z0ned~ R-3, Residential Multi~Family~ell~ District. It is located at 658 Manor Drive, which is east, of Federal Highway (U.S. 1) ~nd nb~O~}N:E, i~h Avenue. On site there are four (4) existing buildings: a one- story building with a covered patib~ containing four apartments, a one-story studio cottage, a one-story building with a tWo-story east-no,th wing, ~oma~g fixre apartments and a covered porch and a one-story bmldtug used s a shed Nme u{ s are curre~)Tren;~, s~i leased: on a momhly bas~s; the, tenth umt is and will remain occupied b~Y the-,gppljqant~! ~r Th~rg- ~,~, ~ reff~tion ~rCa with a ~sw~g pool; the property is landscaped and eerfil%d bY t~ Un/ ~§ity of Fl;qi;'Ldg Co0~}ativ,~ :Extension Service Florida Yards and Neighborhoods (FYN) prqgram, whmh l~ motes crea~B~g~o~,nagv~,e, h,a~tat for wtldhfe m urban areas. Pursuant to ordinance No. 098~42 and Chapter~5 S~ctibn 1~6. V~'~td~h p~'o~ides for establishment of bed a breakfast as a conditional use, the applicant proposes a corn ,=rsion of the nine existing rental units into a bed and breakfast estabtisinnent. Applicant/Agent: Project name: General description: Property size: Land use: Current Zoning: Proposed Zoning: Location: Building area: Barbara R. Bradshaw / Peter H. Schmidt, Esq. Bradshaw Bed and Breakfast (Park Shores Manor) Conditional use and site plan approval for a bed and breakfast establishment 30,856 square feet (0.71acres) High Density Residential (HDR) Residential Multi-Family Dwelling District (R-3) N/A 658 Manor Drive (see Exhibit "A"-Location Map). 6,783 square feet (See Exhibit "B" - Proposed Site Plan). Bradshaw/Park Shores Manor - COUS 00-001 Page 2 Memorandum No. PZ 00-173 Surrounding land uses/zoning: North - Residential, Lake Worth Mariner Village Condominiums. zoned R-3: South - Manor Drive private right-of-way and farther south, residential, single family and a duplex, zoned R-3: East - Marine Road right-of-way, farther east Lake Worth Mariner Village Condominiums, zoned R-3: and West - Residential. single family, zoned R-3. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the 'Land Development Regulations contains the following standards to which Conditional uses are required to conform. Following, ~ach' of these standards is the Planning and Zoning Division's evaluation of the application as it pert~iins to standards. The Planning and Development Board, and City Commis~i~on shall consider only such conditional uses as are authorized under the terms of these ,zoning regulations an~.: in :cormection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreat.io.n sp,ac? and side. walksi as. shall ~be determined necessary, for the protection of t.he surrounding area and the cxUzens general welfare, or deny conditional, rages when not in harmony :with the intent and purpose of this section. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety and 'welfare Of the community and make written findings certifying that satisfactory provisions h~rve been made concerning the following standards, whereappticable: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The only ingress/egress to the subject property is a private right-of-way Manor Drive, which provides access to Marine Road. Manor Drive is a dead-end road. The proposed conversion to a bed and breakfast establishment does not entail changes in the number of ingress/egress poims or significant changes in volumes of pedestrian and automobile traffic in the neighborhood. Off-street parking and loading areas where required, with particular attention to the items in subsection 1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The number of existing parking spaces exceeds the number of spaces required by the Code for bed and breakfast establishments. Nineteen (19) parking spaces are provided, including one handicapped- accessible space. The Code requires one space per each employee/manager/owner in addition ro one space per each guestroom/unit: the total reqtaremem for the project is eleven (l l) parking spaces All parking spaces will meet or exceed the minimum Code-required dimensions for 90 degree angle parking. The proposed project will not increase the intensity of parking or promore additional glare, noise or odors. Bradshaw/Park Shores Manor - COUS 00-001 Page 3 Memorandum No. PZ 00-173 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The volume of roll-out refuse containers will be provided by the city, and trash will be removed on a standard schedule. Solid w~s~e is n~: .anticipated to;increase as:-a, result of proposed 'use: 4. .Utilities. with ~:Eference. t0 locafions.:availabiljty,~ and compatibility. The.Utility Deparrment comments have been incorporated; utilities are available and provided consistent with Comprehensive Plan policies and city regulations. 5. Screening buffering and landscaping with.reference to type the ~ program and ~ to the FYN existing Requ!r~d.setbacks ,and other open spaces. Side and rea~ yard setback variances for the property were granted in 1998. Open spaces are consistent with the Code requiremehts. General compatibility:with adjacent property and other property in the zoning district. The proposed conversion from rental apartments ~o a bed and breakfast establishment will not affect the compatibility, either visually or through the use change, with the adjacent neighborhood. The scale and architecture ofthe existing buildings match'the surrounding structures, there will be no changes to the structures or the landscaping Given the e,xisting permitted use~ and in particular current schedule~ of (monthly) ieases, a conversion to a bed and breakfast will not bring significantLchange, m terms of the establisliment?s character as a transient lodging with a 14 day maximum stay. Meal preparation and serviice is restnTCted t~ provt'ding brea~ast only to paying guests. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole, There wili be rio changes to the existing structures which are compatible with buildings on adjacent properties. All structures are one-story buil&'ngs with the exception of a mo-story wing of one of the buildings. fT~. Bradshaw/Park Shores Manor - COUS 00-001 Page 4 Memorandum No. PZ 00-173 9. Economic effects on adjacent and nearby properties, and the cky as a whole. As stated in item 7above, given the existing permitted use of the property as rental apartments, and in particular, the current schedule of (monthly) leases, a conversion to a bed and breaJff. 'ast will not bring significant new impact, economic or otherwise, upon the neighborhood. On the other hand. the conversion has the patential to have some positive economic impact on the city, which is trying ro attract visitors but has no szgnificant and diversified stock of tourist accommodations. Bed and breakfast establishments have a strong appeal to a sizeable group of tourists, especially since the,~roperty can,be marketed to visitors aS a bed and breakfast with a very lo-cal character and a certified -Florida Yard ' featuring a small but attractive native hdbitat. 10. Conformance to the standards and requiremems Which apply~to site plans, as set forth in Chap[er 19. Article II of the City of Boynton Beach Code of'Ordinances,. (Part III Chapter 4 Site Plan Review). With incorporation of. staff comments, the proposed project will comply with all requ(r~ements of applicable sections of ~ code. 11. Compliance with, and .akyatement of nuisances and hazards in accordance withithe performance standards within Section 4 of the ~ning regulations; also, conformance to the City of Bbynton B~ach Noise Control Ordinance With incorporation of ali:conditions contained herein, the use wouM operate in a manner that is ir~ compliance with the above;referenced codes arid'ordinances of the City of Boynton BeaCh. RECOMMENDATION Staff recognizes the need for extending and diversifying the supply of tourist accommodations in the city. The property lends itself well to the proposed use, both in terms of its location and its visual character. HoWever. it should be noted that compliance with current regulations does not allow for cooking facilities or food storage m any guest units, a provision that reflects the generally accepted character of bed and breakfast accommodations. Exempt from this provision in the code are one-room conages with existing kitchenettes. The subject property includes one such one-room cottage; however, the remaining buildings do not come under the definition of a "one-room cottage" and thus the presence of kitchen facili[ies in units contained in said buildings is not cohsistent with the current regulations. The applicant must bring the property to compliance with the code or request and obtain modification te the regulations. Staff recommends that. this request 'be recommended for approval contingent upon satisfying this and all other conditions of approval as contained in Exhibit "C'. MR/bw Attachments LOCATION MAP BRADSHAW BE D & BREAKFAST EXHIBIT A __ 0 400 800 EXHIBIT B Z EXHIBIT "C" Conditions of Approval Project name: Bradshaw Bed and Breakfast -2000 Planning and Zoning DEPARTMENTS , : ' INCLUDE REJECT pUBlIC WORKS ~o~ents;t ~0~1~... · (; ;'' X ;; Co~ents: ;. ONE POLIGE : ~om~nts: NONE . X ENGI~. ~ ER1NG D~VISION Com~entk NONE .* X BUILDING DIVISION Comments: ' 1. Ag~.iscusscd atthe June 6, 2000 TRC meeting, identify within the site data X fo~d onthe drawing titled site plan the use of the facility. Indicate that the usc ~s being changed from an apartment complex to a ten- (I0) umt Bed and Br~fast that inclu~s one unit for the proprietor. 2. ~ ~iscussed at the June 6, 2000 TRC meeting, for clarification in defining X th~ location and type of structures, it is recommended that within the , fo~rint.,ofthe buiidings that are shown on the site plan a letter designation sh~l be placed that identifies each building The_ same letter designation sh~l be gia~ed'in th~ site data and, to further define the structures, a unit nu~ber~ ~ail be added.to the site data. The unit number shall directly co~espofldito,, a unit ~tumber .that identifies the location of all units on the si~ plan ~ floor plan drawings. Define separately in the site data the stage S~ea building. 3. As discussetl at the June 6, 2000 TRC meeting, add to the buildings that are X depicted on.the drawing tilled ske plan a labeled symbol that ~denttfies the Bradshaw Bed and Breakfast File number: COUS 00-001 Page 2 of 3 DEPARTMENTS INCLUDE REJECT location of the handicap accessible entrance door to the aceess~Ie unit. Add ' the location of the accessible entrance door to the floor plan drawing. Also, show the accessible mute from the accessible unit to the recreational amenities, each common area space and the accessible parking space. Label on the site plan ahd floor plan dra~vifig the location of the areas that are common space, for all customers, The symbol shall represent the location of the path of~rawel, not the location of:the detectable Warning or other p~v.ement markings that ~are,~cluired~m be ~stalled al0ng~ffte path..Identify on the plan the width of the acee~sibl9 r0ate. (Note: .The minimum width reqfiire~l b3/the, codes forty-fora (44) inches). Add }eXt to the exi~g noie on the site plan that would indicate that the symbol represents the accessible ronte afid':~e ~r6u'f6 is deSigu~din :c0ihpliane; With re~/i~ti6ns ~tated in the Fm.'r Housing .Act. Please nC~;e` .V~. t:a~t~m~tle~f.p~rm~t ~w~,ierat~ ap~lic~t~ shall pga~ide ~..ai~.e~ docum~0n ~01~ ~.~/plans ~,will~ ~;eril~y tJ~t the' aeeessibl~-~6m i~ ~'eogaplfanC~ withthe.i~lichble aece~ibl~ }egidafibns. As d~scussed at the June 6,.20.00:ERG,m.e.e~.t~g, 0m~¢.drmvingffifled s}te X plan, identify ~e symbol that rePresents the prpp~,line. :)5. At time ofpermit review, submit signed and sealed w0rkingdrawings:of the X proposed construction. 16. Coml~l~ance with the Building Codes will be:~vh]imted ag tim~ of permit X review5 The permit fee, wateE.andse~ver ~a:e, il,!g{,.fees,,F~ and Li~e Safety fees, Cgmay fees an~ State fees will be determined attire 9fpermit review. 7. Permits are required t~o construct the improvemei~ts that are,shown onthe X approved s~te plan/c0nd~tmnal use d0enm~ents, p~enm~ apptma..tlon forms are avallab!e in the BuiIding Divisiun of the l~evelopment D~partmeat A permi~ ~ubmittal checklist is available' in the Bui!ding I)ivision. The list ideagfi~s!the basic 4~c. uments that the. Plags~ A~, ~y§[ehe~k~ for when an appficagt submits for permit review~ PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 8. The current regulations prohibit cooking facilities or food storage in any X rental room or unit in the bed and breakfast establishment, with the Bradshaw Bed and Breakfast File number: COUS 00-001 Page 3 of 3 DEPARTMENTS INCLUDE exception of one-room cottages~w~ ~xa~tmg, kitqehenette~'~rl~ere the removal of kitchenettes ~s,no~ re~.qmred.~ Brii~,~the property,~ eomphanc~ with th¢ Code or request and ob~nmodificafi~0aoftheapplicahle · regulations, i~ ~,, ~; : ' · :~ - - Provide ~e missing site, data information,,in th, site pl~taba~. 9. in¢!t~di~g; parking calculations (a,~ug~.~4r;~'~ga~:r~Ui~ed ~g]~r°vUed); setback ~ble; area o~:st~m,ge~eag~, ~~;~c~i[9 :~it/m~* of~ 12. The tymcal parking bay dimensmn defail~:<~n~,~or~es~nd~?th~,s~e X 13 Label landscape plan~as ~ ~a ~t'' ~¢ ' ~ ...... ~ ...... 14 Sign anfl~ seal all plan~ ,for t~e ~iciin~ii ~ttaL ADDITIONAL PLANNI]~,SG ~,~,~,~, .~,. T ~ONDI.'~O~S 15. NONE '~ ....... X ADDITIONAL CITY COMMISS[ON C~]~:.~TION~ :. · ¥ 16. To be determined. ,~ ,~, . ,. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BradshawBed and Breakfast APPLICANT'S AGENT: Peter Schmidt, Esquire APPLICANT'S ADDRESS: 658 Manor Drive, Boynton Beach Florida DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 27, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 658 Manor Ddve DRAWiNG(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof, DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDATA~Plannir~j~HARED\WP~PROJECTS~Bradshaw Bed and Breakfast\CC 6-20-00 Develop Order.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI'T-PUBLTC HEAR N( TTEM B Requested City Commission Me~iing Dates [] March 21, 2000 [] April 4, 2000 [] April 18, 2000 [] May 2, 2000 NATURE OF AGENDA ITEM Date Final Form Must be Turned Requestdd City Commission in to City Clerk's Office Meefin~ Dates March 8, 2000 (5:00 p.m.) [] May I6, 2000 March 22, 2000 (5:00 p.m.) [] June 6, 2000 April 5, 2000 (5:00 p.m.) [] June 20. 2000 April 19, 2000 (5:00 p.m.) [] July 5, 2000 [] Adminisn:ative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned in to City Clerk's Offie~ May 3, 2000 (5:00 p.m.~ May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m.} June 21, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the July 5, 2000 City Commission agenda under Public Hearing. The Planning and Development Board, with a unanimous vote, recommended approval (there are no conditions recommended by staffnor the Planning and Development Board). For further details pertaining to this request see attached Department of Development Memorandum No. 00-178. EXPLANATION: PROJECT NAME: AGENT: DESCRIPTION: 20/20 PLAN OVERLAY DISTRICTS City of Boynton Beach Request to ~unend the Comprehensive Plan Future Land Use Element through the addition of Policy 1.9.5 and amendment to Policy 1.16~1 which implements Objective 2.4 of the Boynton Beach Vision 20/20 Redevelopment Master Plan by the establishment of overlays and design plans for primary target m'eas. PROGRAM IMPACT: Continued implementation of the 20/20 Redevelopment Plan. FISCAL IMPACT: N/A Depar0~n~ bflD'e~el'~'me"ilt Director ALTERNATIVES: Not endorse, or modify the proposed amendments as presented. ''-y - City Manager's S~ahlfe Planning and Zoning/13~-~t~r City Attorney / Finance I Human Resources DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00;178 TO: THROUGH: FROM: Chairman and Members P~ng anc[ DeYe!gpmem. Board Michael W. Rumpf D~ect0r.~3f Planning ana' Zo~g Dick Hudson SeniOr Planner DATE: Jur~ 21, 2000 SUBJECT: comprehensive Plan Text Amendment 20/2(3 Redevelopment Plan Overlay Districts (CPTA 00-002) AMENDMENT DESCRIPTION File No: Proposed change: Policy 1.9.5 Comprehensive Plan Text Amendment (CPTA 00-002) Staff proposes to amend Policy 1.9.5 and Policy 1.16.1 of the Future Land Use Element of the Comprehensive Planby adding language as follows: The City, bv 2005, shall prepare overall design plans for areas designated by the prlmarv Target Areas Overlay. The plans shall implement or further th~ adopted Bovnton Beach 20/20 Redevelopment Master Plan with use provisions, development standards and design criteria which address public improvements. irffrastmcture, building placement, architectural 6haractei', streetscape, si~nage, landmark oppommities and unifi/ing desi~_n concepts. The Primary Target Areas wh/ch shall be designated by the overlay include but are not necessarily limited to: · Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; · U.S. 1 from north to south city limits, · Boynton Beach Boulevard fromU.S, l to 1-95; · Ocean Avenue from the Marina to Seacrest Boulevard; and; · Golf Road between U.S. 1 and. Seacrest Boul6vard. Each Primary Tamer Area shall ultimately be delineated by an overlay on the Future Land Use Map.~ Until such time as the 6verlay district and regulationu are prepared and adopted for such an area, public investment - in terms o£ infrastructure - shall be mi¢irnal. If a private ~levelopmem proposal is mad~ within a redevelopment area, one of the following options shall be pursued: · Acceleration of the redevelopment plan overlay district and deferral of the land use request until the plan is completed; or, · Consideration of the use request on its own merits with the existing zoning and policies ~of the Comprehensive Plan guJdin~ the disposition of the request. Page 2 File Number: CPTA 00-002 (add to Policy 1.16.1 following Conservation Overlay) Boynton Beach 20/20 Primary Tara, et ~treas Overlaw The overia s ~ established to identi areas delineated in the Bo nton Beach ~marv Target Areas..Overall district re ulatiohs and Desi n Plans shall be re ared for the redevelo ment of these tar ets areas coEsistent w/th the Vision 20/20 Redevelo meat Plan and shall ~an de~ n criteria whic x~m~ut architectural character stree~sca e si'~._~ e landmark o ortanifies and unifvin~ desi n- Overall Desi n Plans re amd for each area shall be reviewed b the Commani Redevelo ment A eric and a rove_d b the Cit' Commission. The Primary Commercial Target Areas shall include but not be lira/ted to: · Martin Luther Kin~ Boulevard from Seacrest Boulevard to U. S. l: · U.S 1 from north to south city limits, ~ · Boynton Beach Boulevard from U.S.1 to 1-95~ · Ocean Avenue from the Marina to Seacrest Boulevard; and~ · .Golf Road between U.S. 1 and Seacrest Boulevard PROCEDURE Amendments to the text of the Comprehensive Plan are considered "large scale" amendments by State law and can only be processed twice per year. The subject request is being processed with the year 2000 second cycle amendments and combined with other, privately-initiated amendments submitted for the April 1, 2000 deadline. If approved by the City, they will be transmitted to the State Department of Community Affairs (DCA). DCA and other interested State departments will conduct consistency reviews of the amendments and return comments to the City. The City may then adopt the proposed amendments. Adoption is anticipated ro occur in November or December of the current year. STAFF ANALYSIS_ The proposed language will enable the City staff to move forward in the implementation of Goal 2 - Commercial RevitaIization, of the Vision 20/20 Redevelopment Masrer Plan. The language specifically addresses Objective 2.4 of that plan by both echoing language found in the objective, and expanding that languagu ro create a framework for implementation. The language also proposes a reasonable time frame for carrying out the planning work that must precede any major changes to the City's Land Development Regulations and offers alternatives, should the schedule for the planning work be delayed. Overall design plans shall be reviewed by the Community Redevelopment Agency for consistency with the CRA plan prior to adoption by the City Commission. These two reviews will also provide opportunities for public input in the planning process. Page 3 File Number: CPTA 00-002 CONCLUSIONS/RECOMMENDATIONS Staff recommends approval for transrmttal of the amen .d~n~en! r- ..... h~,,~iw Plan are consistent with and furthei::go~tls aricl~'~]ecuves o~-oom me Bea~ rap. . ~ ., ~_~.~,,~ f~ 'r~commendat2ons~¢ontamed m lite redevelopment p~an. provide an wnplementauon mecnmao,,~, - .... ?~--w-~ ' ./ .£ L,WD.O. CANAL L-28 D Project name: 20/20 File number: Comprehensive DEPARTMENTS PUBLIC' EXHIBIT "A" ¢o.di~!~.~ o~ Ap.ro~ REnt. CT X X zONING AND DEVELOPMENT BOARD CONDITIONS X X DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 20120 PLAN OVERLAy DISTRICTS APPLICANT'S AGENT: City of Boynton Beach APPLICANT'S ADDRESS: 100 E. Boynton Beach Boulevard DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2000 TYPE OF RELIEF SOUGHT: Comprehensive Plan Text Amendment DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. -. THIS MATTER came before the C tv Comrniss' · .appearing on the Consent Agenda on the do*~ .-'---'.- .... !.on~.of the C~ty of Boynton Beach Florid findings and recommendation of the Planni~a~Ur~:..,',~n_e._~_~ ~ornm. ,ss, ion hereby adopts th'e a OR ~ -,~ ,--~v~,upf,en[ uoare, wnlch Beard found as follows: X 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 publ c finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X . HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantia corn e ' forth on Exhibit "A" with notation "Included". p tent evfdence are as set The Applicant's application for relief is hereby XDENiEDGRANTED subject to the conditions referenced in paragraph 3 hereof. 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 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Ciw Commission Date Final Form Must be Turned Requested City Commission ~¢lecfing Dates in to CiW Clerk's Office Meeting Dates [] Mareh2L 2000 March 8,2000 f5:00p.m.) [] May 16, 2000 [] April 4, 2000 March 22. 2000 (5:00 p.m.) [] June 6, 2000 [] April 18, 2000 April 5, 2000 (5:00 p.m.) [] June 20, 2000 [] May 2, 2000 April 19. 2000 (5:00 p.m.) [] July 5, 2000 [] Administrative [] NATURE OF [] Consent Agenda [] AGENDA ITEM [] Public Hearing [] [] Aunouncemenr [] VII PUBLIC HEARiNG C. Date Final Form Must be Turned m to City Clerk's Offic* May 3, 2000 (5:00 p.mo May 17, 2000 (5:00 p.m.) June 7. 2000 [5:00 p.m.) June 21, 2000 f5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMrvlENDATION: Please place this request on the July 5, 2000 City Commission agenda under Public Hearing. The Planning and Development Board, with a unanimous vote, recommended that the request by the applicant for postponement be approved, which is intended to provide additional time to consider staff findings and recommendations. For further details pertaining to this request see attached Department of Development Memorandum No. 179. EXPLANATION: PROJECT NAME: AGENT: DESCRIPTION: WOOD PARTNERS TEXT AMENDMENT Kilday & Associates, Inc. Amend Policy 1.16.1 of the Comprehensive Plan Future Land Use Element to increase the maximum density in the High Density Residential land use category from 10.8 dwelling units per acre m 16 dwelling units per acre. PROGRAM IMPACT: N/A FISCAL IIV~ACT: N/A Departm&l~ oT De~'elopment Director Planning and ~ Director -- Cit~ Mafiag-er' sff~nalgre ' -- City Attorney / Finance / Human Resources TO: Chairman and Members Planning and Development Board T OU, a: _ ichaelW. Rump Director of Planning and .Zoning FROM: O!ck ~udson (~ senior Planner ~ ' DATE: lune 2~., 2000 Applicant: AMENDMENT DESCRIPTION Wood Partners Agent: Kilday & Associates. Inc. File No: C6mprehensive Plan Text Amendment (CPTA 00-00t.) Proposed change: Request to amend Policy 1.16.1 of the Future Land Use Element of the Comprehensive Plan to increase the maximum,density allowed in the High Density Residential land'use classification fro~ 19,8~~ ld dwelling units per acre. This appiicati0~ is being processed in ~ombin~ti0~ :x~i~ ar/iapplicati0n tO amend the land Usifor a 1~.i8 acre parcel from LocaliR~t.ail C~ercial to High Density Residential in preparatibn for the developmefit of ~ high dei~lty ~ntal project. The proposed text change, is described by the ,following crossed-out and underlined tarigh: Density Residential: This land~ use' category shall generally consist of all residential zoning districts in which the griSS~ density permitted by the zoning regulations is greater than 9.68 dwelling units per acre, but does not exceed I0,~ 16 dwelling unks per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited to, but shall not necessarily include, the following: .. Same asLow Density Residential, except that the maximum gross density shall be 10.8 1~6 dwelling units per acre. STAFF ANALYSIS In conducting an analysis of lands designated for residential devetopmem, staff has examined data contained in both the support documents for the 1989 Comprehensive Plan and the 1997 Evaluation and Appraisal Repor~ (EAR). The data show that at the time of adoption of the Comprehensive Plan, 6,399.68 acres of land were designated for residential development, including both developed and undeveloped land as well as land devoted to rights-of-way. This was approximately 66.28% of the total land area of the City. Of the overall residential land, approximately 14.7% was designated for High Density Residential development at a maximum density of 10.8 dwelling units per acre (du/ac). At the time of the EAR. the amoum of land designated for residential development had increased to 6.792.6 acres which was approximately 66.81% of Page 2 File Number: CPTA 00-001 the total area of the City. Of the total, approximately 988.86 acres or 14.6 %were designated for High Density Residential development. Even though the proportion of multi-family housing increased on a national level during the last three decades, there has been little evidence of a shortage of land designated for multi-family land in Boynton Beach. While the maxnnum density for residential development is limited to 10.8 du~ac, excluding the Special High Density and Mixed Use classifmations, portions of Planned Unit (Residential) Developments (PUDs) have been built at greater densities so long as the overall density of the master plan does not exceed the maximum allowed by the Iand use designation. For example, the Via Lugano apartments was built at a density of 15.4 alu/ac and occupies 23.6 acres of the Melear PUD. This PUD has a land use designation of Moderate Density~Residential with an overall maximum density, of 7:26 du/ac. Similarly, The Vinings aparanent development occupies 33 87 acres of the Woolbright Place PUD and has an individual density of 16 2 du/ac. The PUD has a land use designation4 of High Density Residentia~ with an Overall density ~)f 10.8 du/ac. By atlowmg developers to concentrate-densmes m this manner, the City is furthering thd requirements of Land Use Element Policy 1 1 · 9.1 to encourage a full range of housing choices," In requesting the overall increase in density for the High. Density Residential (HDR) designation, the applicant has cited the.gap/hat ~epa. rates the maximum density of 10.8 alu/ac for the HDR category and the maximum density of 20 du/ac for the Special High Dehsity Residential Category. The Special High Density category was adopted for use only on specffic parcels of land lying east of the FEC railroad right-of-Way and identified in the CoastaI Management Element ot~the Comprehensive; Plan'with the expressed purpose of stimulating the further development and redevelopment in the Coastal Area· Similarly, the Mixed Use category allows residential densities up to 40 du/ac; boy, ever, this density.can only be used in the Central Business District for residential and hotel/motel development. Both of theseq:Iesignations Serve as an incentive to redevelop and revitalize the COastal Area, a goal not only of the Visiom20/20 Redevelopment Plan, but also of the Eastward Ho! Initiative. an outgrowth of the G overnor s Comnussmn for a Sustainable South Florida. Whereas. the High Density Residential category is currently applied cig~-wide and can be requested for any parcel of land through the Comprehensive Plan amendment process. The table below shows the land use designations found in the Comprehensive Plan, compared with the Zoning districts applied under each land use ,designation The:corresponding minimum lot size is shown for each Land Use Designation and Zoning District. DENSITY AND CORRESPONDING MINIM[ mp sive Plan Co rehen ' , ;'Zoning Code Land Use Designation - ' Minimum Zoning District , Minimum Lot/Unit Lot/Unit Low Density Residential: 4.84 du/ac 9,000 sq.ft. R-i-AAA: 3·48 da/ac 2 1 ,500 sq.ft. R-1-AAB: 4.84 dd/ac 9,000 sq.ft. Moderate Density Residential: 6,000 sq.ft. R-i-AA: 5.4 du/a~ 8,000 sq.ft. '7.26 du/ac R-i-A: 5.8 alu/ac ?4,500 sq.ft. R-l: 7.26 du/ac 7~,000 sq.f/. Medium Density Residential: 4,500 sq.ft. R-2:9.68 du/ac ' 41~500 sq.ft. 9.68 du/ac High Density Residential: 10.8 du/ac 4,000 sq.ft. R-3:10.8 du/ac 4,000 sq.fc. At the time of the pre-application conference between staff and the applicant, staff understood that the application for text amendment was to be based on the increments at which densities increase in the Future Land Use Element. Currently, densities increase for each residential land use category at a rate of 2·42 units per acre. except for the HDR classification. The increment from the Medium Density Residential classification to the HDR classification is only 1.21 du/ac. An increase of 2.42 over the Medium Density Page 3 File Number: CPTA 00-001 category at 9.68 du/ac would have placed the maximum density for the High Density category at 12.1 du/ac. and equated to a minimum lot size of 3.600 sq. ft. per dwelling unit. In requesting a density of 16 du,/ac for the High Density Residential category, the applicant is suggesting that the gap between Medium Density Residential and High Density Residential be increased to 6.32 units per acre in order to lessen the gap between the High Density Residential and SpeCial High Density Residential ~categnrtes. This ~rther !ncrea~e Vas not .arleq~ately ;]~s~[~d~by:~da~:'and:'~ysis that would include ~housing~.em~nd~ ~'l~,~d'~aYailability, m~i:~imum, ir~pa~t Up,m. g~yices.~zag_d..~e imen~ification of exist~g development~ , PRoCEss ~' ~mendmer~s under State the gross base,d this 1. Past history of resid~mial}devel0pment ~ ~ C~ ~9.e.$. ngt~sh°~.' a gr~acneed for the-requested increase m density and th¢:apphcant has not s~t~tied adequate data to support the mcreas , 2. Densities of 1,6 du/ac :~ ~rea&~'~being ~O~i~ parts:of~PU-Ds and at the ~ame [iq3~ e are providing a range of housxng types that ~sqn keepmg!~h:policy dnce~onS ,*f th~, ..~an~ehensiXre l~lan {o provide a range of housing opp0rmn2rties; The re osed increa~se ~!~t~ld l~acf to g~e~a~& lah~ use incompatibilities,'~p~iCglarly c0nsjdering the potent!al to further mc~ gr~a 4ema~ allowed w, ithin a.Planned Um[ Development that can both single family and m~lu:fmity dw~gm, g units. Hi,,h~/- a;nqltie~ have ~i~}0natl~,v bea~:Jtid should continue to be utilized in the Coastal Area where 4. existine de:v616pmer/t is~/d? at a~' /[ensity and ~h, ere design conmderatlons are in place to $,~,;~a"comnafibilftv~ x~[~ ~9:~:d~aCent :~$~d:&htial development Higher density residential development ShoUld a!,s~ ~p~ t0:b~s~ tO engourag~e ~redevelopmem and revltalrzat~on of the Coastal Area. in keePiilgJ~i~:~h~ p~51f'c[~:~ Misi~a 211/20 redevaopn/~niplan the Eastward HO! Initiative: and 5. The s/tbiect request lacks 'the minimum dam aud aimlysis r~quired by th~ Florida Deparrmem of Community Affairs to ~d~qua~oly suppprt t~h~,al~pl!cat~on. However if this projeCt is apprb~*, subject,t0 q~nditions, .said conditions shall be placed in Exhibit EXHIBIT "B" Conditions of Approval Project name: WOOD PARTNERS File number: Comprehensive Plan Text amendment (CPTA 00-001 DEPARTMENTS 1NCLUDE REYECT PUBEIC WORKS Comments: NONE UTILITIES ' Comments: NONE FIRE Comments: NONE Comments: NONE : ,NGINEERING DIVISION Comments: NONE , BUILDING DIVISION Comments: NONE pARKs AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLUG AND ZONING Comments: NONE ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. OH/dim CITY OF FLORIDA PROJECT NAME: WOOD PARTNERS-TEXT 'AMENDMENT APPLICANT'S AGENT: Kilday & Associates, Inc. APPLICANT,S ADDRESS: 21135 White Oak Avenue. Boca Rato~ FL DATE OF HIEARING' RATIFICATION BEFORE CITY COMMISSION: July 5. 2000 TYPE OF RELIEF SOUGHT: Comprehensive Plan Text Amendment LOCATION ~F PROPERTY: West side of SW 8th Street approximately 1/8 mile north of Woolbright Road DP~WING(;S): SEE EY, HIBIT "B" ATTACHED HERETO~' THIS MA-FTER came before the City Commission of the which Board found as fo~l[o~Ns: OR THIS MATTER came on to be heard before the City Commission of the C ty~ of Boynton Beach, Florida on the date of hearing stated above. The City cornrnis~sion haVing considered the re ief soughtl by the applicant and heard testimony from the app icant, members of city administre.~rve staff and the public finds as follows: 1. Application for'the relief sought was made by the App cant in a manner consistent with the, requirements of the City's Land Development Regulations. - The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidenCe are as set forth on Exhibit "A" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk Requested City Commission Meeting Dates [] March 21, 2000 [] April 4, 2000 [] April I8. 2000 [] May 2, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VII-PUBLIC HEARING ITEM D Date Final Form Must be Tumed Requested City Commission in to City Clerk's Office Meeting Dates March 8, 2000 (5:00 p.m.) [] May 16, 2000 March 22, 2000 [5:00 p.m.) [] June 6, 2000 April 5,2000 [5:00p.m.) [] June20,2000 April 19, 2000 (5:00 p.m.) [] July 5, 2000 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Announcement [] Date Final Form Must be Turned in ~ ~it~ Clerk's Office May 3, 2000 (5:00 p.m.) May I7. 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m.) lune 2I, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the July 5, 2000 City Commission agenda under Public Hearing. The Planning and Development Board, with a unanimous vote, recommended that the request by the applicant for postponement be approved, which is intended to provide additional time to consider staff findings and recommendations. For further details peFtaining to this request see attached Department of Development Memorandum No. 180. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: WOOD PARTNERS Kilday & Associates. Inc. Wood Partners West side ofSW 8t~ Street approximately 1/8 mile north of Woolbright Road Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR) for 14.18 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D ell~f frne~n~ orD~velopmant Director 'PlUming an~-Zonij~/D~ector City~Man,~iger s ~(natdre' City Attomey/ Finance / Human Resources TO: Chairman and Members Planning and Developmem Board w Rum THROUGH: ' .Michgel . pf .... Director of Planning and Zoning FROM: Dick Hudson ~F Senior Planner DATE: June 2:1, 2000 Project/Applicant: PROJECT DESCRIPTION Wood Partners Developmem Agent: Chris Kerr/Kilday & Associates, Inc Owner: First Baptist Church of Boynron Beach Location: West side of SW 8t~ Street approximately 1/8 mile north of Woolbright Road File No: Land Use Amendment (LUAR 00-003) Property Description: Vacant property consisting of 14.1.8 acres, with Local Retail Commercial land use classification and Planned Commercial Development (PCD) zoning. Proposed change/use: To reclassify the subject property from Local Retail Commemial to High Density Residential land use. A petition for rezonmg the property ro Planned Unit Development (PUD) and to rejoin the Woolbright Place PUD will be submitted later so thai approval of the rezoning will coincide with the adoption of the Land Use Amendment. Adjacent Land Uses and Zoning: North Water management area and preserve area of Woolbright Place PUD designated High Density Residential land use and PUD zomng with Land Use Intensity of 5 South Developed commercial land (Cracker Barrel Restaurant), a part of Shoppes of Woolbright PCD designated Local Retail Commercial land use with PCD zoning East Right of way Of SW 8~ Street, and farther eas~, developed multi-family dwellings (Vinings of Boynton Beach) of the Woolbright Place PUD, designated High Density Residential land use and PUD zoning with Land Use Intensity of 5. West Lake Worth Drainage District E4 Canal. and farther west, developed single family homes ~Palm Beach Leisureville) designated Moderate Density Residential land use (maximum density of 7.26 du/ac) with R-1AA single family (PUD) zoning. BACKGROUND The subject parcel was originally a part of the Woolbright Place PUD and was purchased by the First Baptist Church of Boynton Beach, in 1986. as the future location of their new church building/school campus. In Wood Partners Development Page 2 File Number: LUAR 00-003 1997. having,clecided to not relocate ro the property:~ the First Baptist Church requested a land use amendment and rezoning from Moderate Density Residential (7.26 du/ac' and Planned Unit Development to Local Retail Commercial and Planned Commercial Development (PCD). The requested changes were to allow for development of a health care campus with a nursing homei assisted :are living facility and medical offices. The amendment was adopted by Ordinance No. 098-24 on July 21, 1998, and found "In Compliance" by the Florida Deparunent of Commurdty Affairs on November 18~. 1998. In adopting the amendment, the City Commission added the condition that. "If the building permit or land development permit is not obtained within t8 months, the zoning would revert back." Additional conditions limited deyelopment on the site to the following: " 34.300 sq. ft. 120 bed nursing home · 67.000 sq. ft. 60 bed ACLF · 39. 700 sq. ft medical office building With the removal of the subject property from the Woolbright Place PUD. the land use on the property remaining in the PUD was reclassified from Moderate Density Residential (7.26 dwelling units/acre'~ to High Density Resideritial (10.8 dwelling Urdts/acre~ to offset the increase in existing density caused by the reduction in land area in the PUD PROJECT ANALYSIS The subject property was designated for residential development on the Future Land Use Map prior to the 1998 amendment. It would be presumed that if the land was previously physically suitable for residential development, it should still be suitable for residential use. The project analysis will focus on the issue of compatibility of the requested use with the adjacent uses and the intensity at which residential development should be permitted. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2. Section 9. Administration and Enforcement, Item C. Comprehensive Plan Amendmenzs: Rez. onings. These criteria are required to be parr of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit densit) exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which wouM have ro be imposed on subsequent development of the property, in order ro comply with policies contained in the comprehensive plan. The subject property is not located in the Coastal Area; therefore, the prohibition against increasing densities in the hurricane evacuation zone is not applicable. In general, the replacement of a commercial designation with residential use is conststem with Land Use Element Policy 1.19.7 in the Comprehensive Plan, which reads: :'The City shall continue to change the land use and zoning to permit only residential or other non- commercial uses tn areas where the demand for commercial uses will not mcrease." b. Whether the proposed rezoning wouM be contrary to the established land use pattern, or wouM create, an isolated district unrelated to adjacent a'nd nearby dis~'cts, or wouM constitute a grant Wood Partners Development Page 3 File Number: LUAR 00-003 of special privilege ro an individual property owner as contrasted with the protection of the public welfare. The .proppsed rez, gnir~g would not c[eate an isolated c[istrict; but would relate to the residential land use designation on lands within the Woolbright Plac~ PUD to the north and east of the s,ubject parcel as well as the lands, des~gn~amd residential lying t0:tthe ~west';of.fll~iabj'e~t p/rcel. " i' ' c. . Whetk, er chq~ge~:pr.changir~g conditionx mik'e ttib proposed rezoning de~irable. The applicant has stated that the proliferation of Congregate Living Facilities approved yvithin the City recently have-reduced the demand for the:range and intensity of:uges p~rmkted' ogth~ site an¢,the?efore make the rezoning desirable. d. Whether the proposed use wouM be compatible with utilirp.~tems;;roadways, and other public facilities. Florida Administrative Code. Chapter 9J-il requires that-the availability bf public facilities be analyzed in connection with. Ce proposed amendment to a ¢omprehensi~'e plan, ang' that thg maximum p6tdntial demand upon public facilities be determined. The following facilities were analyzed in order to ensure that capacity is available: 1) Roads: Traffic data submitted by the applicant show that impact of the approved uses for the site under its current land use designation would generate a total of 1.838 trips per day (tpd). If the site is developed to the maximum number of units allowed by the proposed High Density Residential designation, the traffic generated would be !,064 tpd (14.18 acres x 10.8 dulac x 7 trips/unit). If the property is rejoined with the Woolbright Place PUD. the project would benefit from the unused density created in the PUD. The surplus density from the PUD at a density of 10.8 du/ac combined with those units of the subject property would equal 220 potential units, yielding 1;540 rpd. Further. if the corresponding text amendment is approved thereby increasing the maximum density of the High Density Residential classification from 10.8 du/ac to 16 du/ac, traffic impadts for the on-site density of 226 units would be 1.588 tpd. Coupled with the available density from the other portion of the PUD. the number of units would increase to 638 units and a traffic impact of 4,466 tpd. This not only would warrant review by Palm.Beach County for traffic impacts, but .would~ generate a significant increase in traffic in the adjacent residential neighborhoods. 2) Water/Sewer: Demand for water and sewer would increase in a similar manner. Water demand for the property, if developed with the currently allowed land use designation and approved Uses would be 40,950 gallons per day (gpd) based on the adopted level of service of 200 gallons per capita per day and 2.4 persons per unit. With the approval of the requested High Density Residential designation at a density of 10.8 ducat the water demand for the 153 units ~would rise to 72,960 gp:d, and with the addition of unbuilt units from the remainder of the, PUD, the maximum demand is projected at 105,600 gpd. At the proposed density increase from 10.8 du/ac to 16 du/ac, the water demand of the on-site density would be 108.480 gpd. This would increase to 306.240 gpd if the unused density within the PUD is included. The demands for sewer, based on the adopted standard of 90 gallons per capita and 2.4 persons per unit. would be 18.378 gpd under the existing approval. At a density of 10.8 du/ac, the site alone would have a demand of 33 048 gpd and with the additional density from the PUD, the demand would be 47.520 gpd. Wood Partners DeYelopment Page 4 File Number: LUAR 00-003 At 16 du/ac, tho demand for the site alone would be 48,816 gpd, and 137.808 gpd with the surplus density of the PUD. 3) Solid Waste: With respect to solid waste, the Solid Waste Authority has stated, within a letter dated January 10 2000, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Drainage: Development of the site must comply with both the City's drainage requirements and those imposed by the Lake Worth Drainage District The impacts of the requested amendment (and corresponding text amendment) compared with the impacts under the existing approval are summarized below. SUMMARy ' ABLE OF IMPACTS Existing Site. alone: With SurplUs , Site Alone With Surplus . - . Density' Density Traffic 1.,838 tpd ~! L064' ~pd 1,540 tpd 1,588. tpd 4,466 tpd Water 40,950 gpd :~/2~96Q ~d · 105,600 gpd 108,480 gpd 306,240 gpd Sewer 18;378 gpd ~33}.048 ~pd ' 47,520 gpd 48}816 g-pd 137,808 ~d Units 180 beds 159 ar/its ~ 528 units 542 units 638 units Population 180 persons 367 p~ef~ons [ 528 persons 542 persons 1,531 pemons e. Whether the proposed rezoning would :be compatible with the current and future use of adjacent and nearby properties, or wouM affect the property values of adjacent or n~arby properties. Lands to the south of the subject property are developed as a part of the Shoppes of Woolbright PCD: the abutting property is the site of a Cracker Barrel Restaurant. Policy 1.17.3 of the Land Use Element of the Comprehensive Plan requires "buffer walls between residential and commercml or industrial districts..." m minimize adverse impact to residential environments. To the east of the subject property and beyond the right- of-way of SW 8m Street are lands within the Woolbright Place PUD, which are designated High Density Residential· Abutting the property on the north is a water area that is also part of the Wootbright Place PUD. To the west. the I00 foot right-of-way of the E-3 canal provides a buffer between the lands developed as Moderate Density Residential and the subject property; however, there is a small portion of similarly developed land to the northeast of the subject property that is not buffered by the canal and that abuts the subject property for approximately 500 feet. f Whether the property is physically and economically developable under the existing zoning. The subject property is physically developable under the existing zoning and land use. The applicant has stated in the application for [and use amendment that the conditions of the previous land use amendment coupled with the proliferation of recent approvals for Congregate Living Facilities within the City make the approved use no longer economically viable. g. Whether the proposed rezoning ts of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed amendment, although in sharp comrast to the adjacent single family homes, would allow for a land use more compatible than a commercial project and could offer a more appropriate transitional use from the adjacent single family homes on the norm to the commercial uses on the south. Wood Partners Development Page 5 File Number: LUAR 00-003 h. W~ether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There is a very limited gmoum of vacant land p~esently designated for High Density Residential withi~n the City. ::HQw~Vei,:there ~.re~v~acant Ia.fids designated, f~or ~ommercial. oK Other: resideriti/il de;~elOpment, Which if reclassified and developed as Planned Unit Developments, could ackie~e densities e~ti'al:tb :oi highei' than i0.8 du/ac on a portion of the deYelopment, provided the 6veraI1 density remains at the level established by the designated land use and zoning. - CONCLUSIONS/RECOMMENDATIONS the will in E:~hibit B ATTACHMENTS LOCATION MAP EXHIBIT A EXHIBIT "B" Conditions of Approval Project name: WOOD PARTNERS File number: LUAR 00-003 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: WOOD PARTNERS APPLICANT'S AGENT: Kilday & Associates Inc APPLJ CANT'S ADDRESS: 21135 White Oak Avenue Boca Raton DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2000 TYPE OF RELIEF SOUGHT: Land Use Plan Amendment LOCATION OF PROPERTY: West side of SW 8~" Street approximately 1/8 mile north ~f Woolbright Road DRAWING(S): SEE EXHIBIT "B" A'I FACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach. Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 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 VZ'rtr'FUTURE AGENDA C To: 'MR. $OHN GUIDRY, UTILIi-ii/S DIRECTOR. From~ SUE KRUSE, CITY CLERK. Date:. JI.TNE I4, 200G Rm ~ ~ e.~'f EXPANSIOI~ 6/15/00= responded by telephone to the above mem~advi$in$: The well£iel~ protection ordinances, which did.no~ ezi$~ 20 yea~s aSo~ are ve~yreetrictive and l~ted ~o ~ can be puc on vellfitlds. Bu~i~ gro~ds ~d even the concoction of a~usole~uld hOC be allowed. ~ese ~ells a~e ou~ beCce~produccion ~ells. ~ch could no~ be abandoned.. Requested City Commtssmn Medtin'z Dates [] March 2I 2000 [] April 4. 2000 [] April I8.2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned m re City Clerk's Office March 8. 2000 (5:00 p.m./ March 22, 2000 '5:00 p.m.) April 5. 2000 ~5:00 p.m.) April 19.200( 5:00 Requested City Comrmssmn Meeting Dates [] May 16. 2000 [] June 6, 200( [] June 20. 2000 [] July 5. 2000 X. NEW BUSINESS A Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m. June 7.2 )00 5:00 p.m.) June 21. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Armouncemenr [] Presentation RECOMMENDATION: Move to approve staff request re purchase a used school bus from the Palm Beach County School Board at a cost of $8,500. EXPLANATION: The Recreation Division organizes after school recreation programs at the Art Center and Ezell Hesrer Community Centers serving 175 local children from six local schools. To meet the growing public demand for these programs, mty buses and vans have been used to transport ch/ldren from the various schools. As a resuk of the growing transportation demands from the Senior Center. the buses will no longer be available after September 2000. The Recreation Division also spends approximately $11,000 each summer to lease buses for summer camp field trips. Furthermore_ the Police Athletic League (PAL~ must also lease buses to ~xansport youth football teams re various "away" games. 22~erefore. staff requests purchasing a used 65-passenger school bus using the Recreation Program Revenue Fund, and researching opUuns re purchase an additional eus re be shared with PAL. The Public Works Deparunent would provide a driver for the 65-passenger bus. PROGRAM IMPACT: Ittere are d/.rect benefits ofpmchasing a 65-passenger bus: · [t would allo~v the Recreation Division to continue to offer after school programs re 175 local children. Developing after-school programs is critical, since 3:00-6:00 p.m. has been identified as one of the key periods when children are unsupervised and possibly exposed to situations which can lead to negative or delmquent behawor. · It would allow expansion of these programs by approximately 25% (over the past two years, there have been 55-60 children on average on the Hester Center program waiting list). · It would allow the Art Center program to mamtath current enrollment of 75 children (without the bus, at least two schools will have to be dropped from the program affecting 16 children). · We would be able to expand the Wilson Center program that currently only serves children who walk from Poinciana Elementary School. · It would eliminate the need to lease a bus for the summer camp program and save the city approximately $11,000 each year. · The bus would also be available to other city deparanents when not being used by the Recreation Division. S:kBULLETYNXFORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM FISCAL IMPACT: · $8,500* to purchase bus from Recreation Program Revenue Fund (Reserve ~0r Future Appropriations acct. #172-2712- 572.99-03 ~. · $5.000' to paint bus from Recreation Program Revenue Fund ~Reserve for Future Appropriations acct. #172-2712- 572.99-03~. · $400* a year for insurance for the bus from Recreation Revenue Fund (otb,er cofiuracmal services acct. #172-2712- · $9,2~83. ..a year .for .a part-time. (20hrs/wk) bus dri-~er to.. be ;included in~Y, .200Q7200· .... 1 Public Works budget.~ · $4,0~.~ea~ e~n~t~a~intenanCe and op~atin~ 66st 0~-the bus t6'be thci~ed:in F~ 2000-2001 Recre~ifion General Fund ivehicle maintenance acct. ~001-2710-572.46-30). · $ i3,900~.initial outlay and $13,682 annually. ALTERNATIVES: 1. Do nO~ purchase a bus. S~aff does no~ recommend this alternative since rising just city vans would result in reduction of number of children served and. inability to expand after school programs as needed If the vans break dowxa, there are no back-up vehicles and the ~ontinued ~xpeuse of leasing a bus for the sunmxer qamp program. 2. Continue to lease a bus for summer camp programs w~th an estmmted cost of $11,000 per year, vath a projected 3 5% increase on rids cost every two years (increase of $330-$550 biannually). ~J~epa~rtment Head s Signature Leisure Services/Recrearinn Deparunent Name City Attomey~ r~nanc~ / i~man Resources SSBULLETINWORMS~AGENDA ITEM KEQUEST FORM.DOC XI-LEGAL ITEM A. 1 ORDINANCE NO. O~,~:::::~,__~..~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH AMENDING CHAPTER 18, ARTICLE III,' PENSIONS FOR POLICE OFFICERS;''' CREATING A NEW SECTION 18-176 - DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DA'rE. WHEREAS,. the City Commission .of the City of Boynton Beach desires to amend~Chapter 18 0f the E:ode of OrdinanCes of the City to provide for a Deferred Retirement.OPtion Plan for'Police Officers; NOW~ THEREFORE~ BE :IT.ORDA~N,ED,'BY THECITY COMMISSION · OFTHECITY OF BOYN~ONBEACH~ FLOR~TDA: Section' ;1: S~ction 18-t69 of'Chapter ¢8, Article III of the Code of Ordinances of t. he City;is~hereby amended Dy crewing a new Section 18-176, as follows:- Sec. 18-176. Deferred Retirement Option Plan ('~,) ' A deferred retirement,ootion~Olan ¢"DROP"~ is hereby created. (2) Eliqibility to oarticioate in~the,DROP is, based ur)on eliaibilitv for normal service retirement in, the.Plan:, Members shall elect to oarticJoate bv applyincl to'the .Board ',of Trustees: On a form provided for that puroose. (3) Pa~idoatiOn;in the DROp-must be exercised within the first twentv- bNo¢22~,vears ofcombined ¢redite~l~service. However. oarticioation in cal~dar vear, 200~. the~irst,vear; will be extended to all members, (4) ExceOt~for, the exter~ieR~°~ oarti¢ioation at inceDtion as orowded for in ~c3 above, a member shall i3ot~DaKcicioate in the DROP beyond the time 0fiattaininq twen~-fivei,(253 years of service and the total years ('5) of oarticipation in the DROP shall not exceed five (5) years. examole: FOr :imp as~ if the DROP will be (9) irrevocable and shall be made prior to the first deposit in the DROP account. The options are: (1) Gains or Iosses~at~the same interest rate earned by the Pension Plan; or (2) A quaranteed rate of 7%. Employee'sDROP accounts will be assessed an administrative fee that ...is:based U~On the.ratio that ~theEmplovee's DROPaccount bears to the_ Fund asa whole. An employee's oarticipaBon in the:DROP shall terminate at the end of five years or 25.years of service, whichever comes first. Failure to end,DROP i~articipation may resull: in penalties at the discretion of the .Trustee_s, uD to and indudinq forfeiture of the DROP account. (11) All intemst:,shall~be credited to the employee's DROP account on a quarterly, ba$!s with ouarterl¥ statements Dro¥ided. In the event that a member dies while, in.the DROP, interest shall be pro-rated to the last b~]sines$'dav of the month preceding the'death of the member. (12) Upon termination of eml~loyment, DaKd¢ioants.in the DROP will receive .the. balance;of the DROP ~ccnunt in accordance with the followinc~ rules: (1) .Members may elect to .begin to receive payment upon termination of employment or defer payment of DROP until the latest day as provided under sub-suboaraoraoh c. (2) : Payments shall be made in either: 1. Lump sum - the entire account balance will be paid to the retirant upon approval of the Board of Trustees. ii Installments - the account balance will be paid out to the retirant in five (5) equal annual payments paid over 3 five (5~ years, the first payment to be made uoon approval of the Board of Trustees. with the minimum distributj~n reeuirements of the iRC ~lOl(A~(9~'. and~Js~sub~ ~to~the rea~Jirements of subsection seoarates, fretn se~ce;~th ,~ Eib/. ~,~ ~hosen ~ no Ionaer,be eiieible ,fo~ disabiliW,retireme~t,~rom the oension Dian. and the same are hereby rel;~e~[,ed. ~: Section 3. Sho~ld.~ a~ro/~ ,, ,~e~ti~n or pro~visiomof~ this ordinance or a portion by a court of competent jurisdiction to be invalid, ~Such!/Mec;ision..shall!:noti:affect the remainder of this ordinance. ~. Section 4. Authorityis =hereby granted to codify this ordinance. Section 5: This ordinance~shall become effective immediately upon passage. FIRST READING this day of 3une, 2000. SECOND, F~NAL READING AND PASSAGE this day of .luly, 2000. C~-fY OF BOYNTON BEACH, FLORZDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner City Clerk 5 D,R.O,P. DEFERRED RETIREMENT OPTION PLAN for BOYNTON BEACH POLICE OFFICERS PENSION FUND I HAVE RECEIVED A COPY OF THE PROVISIONS FOR THE DROP CONTAINED IN EXPLAINED TO ME AND I AMIN FULL AGREE- MENT WITH THE ~RNS SE~ [~, 1T IS MY UNDERSTANDING THAT I WILL NO LONGER HAVE TO CO~B~SEVEN PERCENT (7.00%) PAYROLL DEDUCTIONS FOR PENSION, [ HAVE. A~LSO_ BEEN ADVISED TO SEEK THE COUNSEL OF A QUALIFIED TAX ADVISOR REGARDING THE TAX CONSEQUENCE TO ME OF ENTERING'THE DROP, FAILURE TO RETIRE AT THE END OF THE PARTICIPATION PERIOD COULD RESULT IN FINANCIAL PENALTIES BEING ASSESSED UP TO AND INCLUDING THE LOSS OF THE DROP ACCOUNT BALANCES, I, , RESPECTFULLY SUBMTT TO ENTER INTO THE DROP EFFETE (DATE). SIGNATURE (MAXIMUM DROP PARTICIPATION) PENSION ADMINISTRATOR 6 XI-LEGAL TrEt4 B.3 ORDINANCE NO. O 00- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 2., SECTION 8 A. 1. TO ALLOW A COMMERCIAL USE WHICH IS NOT SPECIFICALLY LISTED AS PERMITTED USE OR CONDITIONAL USE IN ANY OTHER ZONING DISTRICT~ AS A PERMi'TTED USE IN THE M-1 ZONING DISTRICT; PROVIDING FOR CODIFICATION AND WHEREAS, the eib/Zoning Code attempts to identify specific uses~-:of commercial activity and fit those uses into established zoning districts consistent with the City's zoning plan; and WHEREAS, f~om time to time, commercial uses not specifically identified as being permitted, conditionally permitted, or prohibited in any zoning district emerge ow be consIdered for approval; and WHEREAS, ~the ..City commission desires to accommodate previously undefined commercial uses by permitting those uses as a permitted use in the M-1 Zoning District. NOW THEREFORE, BE 1'1' ORDAINED BY THE cI'rY COI41vIlrSSION OF THE ClrTy OF BOYNTON BEACH, THAT: Section 1. That Chapter 2. Section 8 A 1 of the LDR is hereby amended by creating a new subsection A 1,(e), as follows: (e). Any commercial use which ~s not spedfically listed as n permitted or conditional use in any other zonina district, and which is not listed as ,q prohibited use in the M-1 ZoninQ District. Section 2. Each and every other provision of Chapter 2, Section 8 A. 1. of the Land Development Regulations, not herein specifically amended shall remain *n full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section a,. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent urisdicUon to be invalid, such decision shall not affect the remainder of this ordinance. ~assage. ,. FII~I:~'READT. NG tl!is~ ~.~' day of , 2000. day of · upon City Clerk (CORPORATE SEAL) C~missioner Commi~s oner ORDINANCE NO. O 00~ XZ-LEGAL FZRST READZNG I'TEM B.2 AN ORDINANCE OF THE ClTY COMMISSION OF THE ClTY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 2. SECTION 6 D. 1. TO ALLOW A COMMERC_~L USE WHICH IS NOT SPECIFICALLY LISTED AS PERHITI'ED USE OR CONDi'rIONAL USE 'IN ANy OTHER ZONING DISTRICT, AS A CONDITIONAL USE IN THE C-4 ZONING DISTRICT; PROVIDING FOR CONFLICTS, SEVEP~BILITY, CODiFiCATiON AND AN .EFFECTIVE DATE. WHERE;AS,?he: City Zoning COde attempts to identify specific uses of commercial act]¥ity and fi~ those uses into established zoning districts consistent with the City's zoning plan; and WHEREAS, from time to time, commercial Utes not specifically identified as being permitted, conditionally permitted, or prohibited in any zoning district emerge which cannot now be considered for approval; and WHEREAS, *ch~ City commission desires to accommodate previously undefined commerciaJ usesby permitting those uses as a conditional use in the C-4 Zoning District. NOW THEREFORE~ BE _rr ORDAZNED BY THE CZI'Y COMMISSZON OF THE CZTY OF BOYNTON BEACH,, THAT: Section 1. That Chapter 2. Section 6 D.L, is hereby amended by creating a new subsection k., as follows: 1. Uses permitted. k. any commercial use which is not specifically listed as a permitted or conditional use in any zoninq district, and which i~ not listed as a prohibited use in the C-4 Zonincl District.* Section 2. Each and every other provision of Chapter 2, Sections 6.D.1. of the Land Development Regulations, not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion h~*reof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be nvalid, such decision shall not affect the remainder of this ordinance. ordinance, SectiOfl/ passage. immediately upon 2000. ' of ¸ ~YNTON~BF-.ACH, FLOR/DA City Clerk (CORPORATE SEAL) V ce~ayor , CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form. Must be Turned Meetifi~ Dates in to City Clerk's Office [] March21, 2000 [] April4,2000 [] AprU 18, 2000 [] May2, 2000 March 8, 2000 (5:00 p.m.) March 22. 2000 (5~00 p.m0 April 5, 2000 (5:09p.rm) April 19:, 2000, (5:00 p.m.) [] Administrative [] Consent Agonda [] Public ~Henring [] Bids ] Announcement NATURE OF AGENDA ITEM Requested City Commission Meeting Dates [] May [6. 2000 [] June 6. 2000 [] June 20, 2000 [] inly 5, 2000 Xl. LEGAL B. 4 Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7. 2000 [5:00 p.m2 June 21, 2000 (5:00 p.m.) Development Plans New Business Legal Unfmishect Business Presentation RECOMMENDATION: Please place the request below on the July 5, 2000 City Commission agenda trader Legal, Ordinance First Reading- As you may recall, this request was approved at the June 20, 2000 City Commission meeting (there are no conditions recommended by sta~nor the Plann'mg and Development Board). Staffrecommends this request be approved. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: QUANTUM BUSINESS PARK (Utility Easement) Winston Lee ASLA, AICP, Winston Lee & Associates. Inc. Gateway Business Park L.C. North of the intersection of Gateway Boulevard and Quantum Boulevard Request for abandonment of an easement on 0.13 acre located on a portion of lots #36, #37 and #38 in Quantum Park PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES.'~ Departrb, elf[ of De~elc~pm~nt Director Planning and Z~fa{~-Director - Clt~ M,~iger's)~fgndture City Attorney / Finance / Human Resources ORDINANCE NO. R00- AN ORDINANCE OF THE CITY COMMISSION OF THE :LORIDA, AUTHORIZING #38 EXECUTE A Gateway Busi P.I.D.~ Plat agent for ]cre utility Boynton Beach, page 29, Public Records of Palm and ,~ appropr, iate City Planning and~- CommisSion on the proposed abandonment; and ~ WHEREAS, based on th~e;,foregoing information, the sa d portion of uMlity easement no longer SerVesa Public ~r o~e; NOW, THE cTrY OF RESOLVED BY THE CZTY COI~tI~IISSION OF Section 1. The City Commission of. the City of Boynton Beach, Florida by and through its City Commission, does hereby abandon a 0.13 acre utility easement located on a portion of lots #36, #37 and #38 in Quantum Park P.I.D.. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Disclaimer and cause the same ~o be filed in the Public Records of Palm' Beach County, Florida. Section 3. This Ordinance shall take effect immediately upon passage. FIRST READING this day of .luly, 2000. SECOND, FINAL READING AND PASSAGE THIS __ day of .luly, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner City Clerk s:ca\Ordinances~bandonment~ua ntum PID062700 A F.P.L LB O. R. 8. P.B. P.B.C.R. PG. P. O. B. P. O. C. PSN R RGE. R/W SEC. TWP, U.E. = CE~TE~L i~E CORNE~ FLORIDA P?~ ¢ LIGHt CO. :, L )~ENSE PLAT BOOK PALN BEACH COUNTY RECORDS POINT OF BEGINNING POINT OF CO~ENCEMENT PeQFESSIONAL SU~VEYO~ NAPPE~ ~NTUN CONNONI C~T I~S RAD [US RANGE R, IG~T OF WAY SbU~RERN BELL TELEPHONE SECT I ON TOWNSH I P UTI LI TY EASEMENT C~T~L ANGLE LEGAL DIBSCRIPTION: A ~RTIDN OF LOTS 36. 37 AND 38. OUANTUN PARK AT BOYNTDN 8EACH, P.I.D. PLAT N°3. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, PAGES 29 THROUGH 3t, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 36; THENCE NORTH tg'O0'O0' EAST ALONG THE WESTERLY LINE OF SAID LOT 36, A DISTANCE OF 6. O0 FEET; THENCE SOUTH 7t'00'00' EAST, 2t2.09 FEET; THENCE SOUTH 43°t3'~4' EAST, 26t. 07 FEET TO THE SOUTHERLY LINE OF SAID LOT 37; THENCE SOUTH 46'46 06' WEST ALONG THE SOUTHERLY LINE OF SAID LOTS 37 AND 38. A DISTANCE OF t2. DO FEET; THEliCE NORTH 43°~3'54" WEST, 258. 11 FEEl; THENCE NORTH 7t°00'00' WEST, ~Dg. 09 FEET TD THE WESTERLY LINE OF SAID LOT 38. SANE BEING A POINT ON THE ARC OF A NON-TANGENT CUR~E CONCAVE TO THE EAST HAVING A RADIUS 450.00 FEET [A RADIAL LINE TO SAID POINT BEARS NORTH 7t'45'50' EAST); THENCE NORTHERLY ALONG SAID WESTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 00'4§'50'. AN ARC IJENGTH B. O0 FEET TO THE POINT OF BEGINN NG. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, CONTA NtNG O. t30 ACRE [ 5, 642 SQUARE FEET] MORE OR LESS. ON; PROFESSIONAL SURVEYORS AND ~PPER$ ATLANTIC CARIBBEAN NAPPINg, INC. 3070 JOG ROAD - GREENACRES. FLORIDA 33467 PREPARED FOR GATEWAY ~USINESS PARK L.C. CITY DF BOYNTON BEACH t2' UTILITY EASEMENT VACATION SEC. t7-45-43, PORTIONS OF LOTS 38, 37 & 38 QUANTUM PARK AT BDYNTON 8EACH. P,I.D. PLAT NO. 3 (PLAT 800K 60. PAGES 29-31. P,B.C.R.) SKETCH OF DESCI~IPTION POI~ E. AS]~T ABANDO~ DAT~: CA0 FILE:96092SDi DRAWN: TDL E-~5-O0 SCALE: t'=80' CHECKED: OLT ~-i5-00 96092 FIELDBOOK ,PG. SHEET 2 OF 3 D[*SCLAIMER KNOW ALL HEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the. laws of .the State of Flodda, does hereby abandon a 0.13 acre utility easement located on a portion of loLs #36, #37 and #38 in Quantum Park PID, more paFciculady described herein as Exhibit :iN WI"I'NESS WHEREOF, [fie duly authorized officers oflthe City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of .]uly, 2000. ATTEST: CTI'Y OF BOYNTON BEACH, FLQP~DA Suzanne Kruse, City Clerk Gerald Broening, Mayor STATE OF FLORIDA COUNTY OF PALM BEACH ) )SS: ) BEFORE HE, the undersigned authority, personally appeared GERALD Broening and SUZANNE KRUSE, Mayor and Qb/Clerk respectively, of the City of Boy,ton Beach, Rodda, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes menUoned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WI'TNESS my hand and official seal in the said State and County this __ day of July, 2000. NOTARY PUBLIC, State of Florida My Commission Expires: A ' ARC LENGTH ~O ' CENTERLINE R. - CORNER F?~-? ~ FLORIDA POWER & LIGHT CO. LB = LICENSE BUREAU O.~B. ~- QFFiCIAL RECORDS 800K P~"; '= P~T BOOK ..~B'C'R'. : PAGEPALM BEACU,,DOUNI'Y~RECOSDS P. 0.8 = POmT-CF P.O.c. = POINT OF COMMENCEMENT PSM - PROFESSIONAL SURVEYOR MAPPER e.c. = QUANTUM COMMUNiCATiONS RRGE. : RADIUS. RANGE R/W RIGHT OF S.B. ; SOUTHERN BE[L'TELEPHONE SEC. ' SECTION TWP. = TOWNSHIP U.E. : UTILITY EASEMENT ~ CENTRAL ANGLE LI~AL DBSCItlI~I'ION: A PORTION OF LOTS 36. 37 AND 38. QUANTUM PARK AT BOYNTON BEACH. P. I.D. ~AT N'2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK BO, PAGES 29 THROUGH 3~, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 36; THENCE NORTH t8°00'00· EAST ALONG THE WESTEl:JLY LINE OF SAID LOT 3[ A DISTANCE OF 6.00 FEE~ THENCE SOUTH 7t'00'00' EAST, Ei2. O9 FEET; THENCE ~UTH 43't3'54' ~ST, 26t. 07 FEET TO THE SOUTHERLY LINE OF SAID LOT 37; THENCE SOUTH 46'46'06' WEST ALONG THE SOUTHERLY LINE OF SAID LOTS 37 AND 38, A DISTANCE OF rE. BO FEET; THENCE NORTH 43't3'§4' WEST, 258, ~! FEET; THEN~ NORTH 71"00'00' WEST EOg. Og FEET TO THE WESTERLY LINE OF SAID LOT 38. SAME BEING A POINT ON THE ARC OF A NON-TANGENT CURyE CONCAVE TO THE ~ST HAVING A RAOIUS 450. O0-F~T (ARAD AL L NE TO SAID POIN~ BEARS NORTH 7~'4B 50' EAST]; THENCE NORTHERLY A[.ONG SAID WESTERLY LINE AND SAID CURVE THROUGH ACENTRAL ANGLE OF 00'4§'50', AN ARC LENGTHS. 00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF OOYNTON BEACH. PALM BEACH COUNTY, FLORIDA. CONTAINING O. t30 ACRE [5. 64E SQUARE FEET] MORE OR LESS. PREPARED FOR GATEWAY.BUS NESS PARK L.C. REVISION: I CITY OF BOYNTON BEACH: t2' UTILITY EASEMENT VACATION I SEC. t7-48-43. PORTi~S OF LOTS 36, 37 & 38 UM F SKETCH OF PT] S~VE~RS DRAWN; 2- ~ 5-00 QUANTUM PARK AT BOYNTON BEACH. P. ). D. PLAT NO. 3 [ PLAT BOOK 60 PAGES 29-3t, P.B.C.R. ] DESCI~IPTION POR. E~a~$1q~mvll:~:l~I' .~dB~A~'qDOE BY: TDL DLT NA · PG. CAD FILE: 96092SD[ SCALE: i'-O0' ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Xl - LEGAL ITEM B.5 ITEM B.6 Requested City Commission Meet[ag Dates [] March 2L 2000 [] April 4, 2000 [] April 18,2000 [] May 2, 2000 NATURE OF AGENDA ITEM Date Final Form Must be Turned Requested City Commission in to CiW Clerk's Office Meeting Dates MarchS, 2000 (5:00p.m.) [] Mayl6,2000 March 22, 2000 rS:00 p.m.) [] June 6. 2000 April 5, 2000 [5:00 p.m.) [] June 2ff 2000 April 19, 2000 (5:00 p.m.) [] July 5, 2000 [] Administrative [] [] Consent Agenda [] [~ Public Hearing [~ [] Announcement [] Date Final Form Must be Turned in to Ciw Clerk's Office May 3, 2000 (5:00 p.m.) May 17. 2000 (5:00 p.m.) June 7, 2000 (5:00 p.mj June 2L 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation R~ECOMMlgNDATION: Please place the request below on the July 5, 2000 City Commission agenda under Legal, Ordinance First Reading. As you may recall, this request was approved at the June 20, 2000 City Commission meeting (there are no conditions recommended by staffnor the Planning and Development Board). Staffrecommends this request be approved. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: ALTMAN AKA BAY VISTA Chris Kerr, Kilday and Associates, Inc. David E. Blankenhelm South Federal Highway northeast of the intersection with SE 23~ Avenue Request to amend the Comprehensive Plan Future Land Use Map from Local Retail commercial (LRC) to Special High Density Residential (SHR) and rezone from Community Commercial (C-3) to Multiple-Family Residential (R-3) for 2.33 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~ Departd~rt( o f }~ Director ei~.~m~ and~7~'~' ing and Zuning,~/ector City Mana-g~r's ~nafi~re City A~omey / Finance / Human Resources ORDINANCE NO. 0 00- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE PROJECT KNOWN AS BAY VISTA; AMENDING ORDINANCE 89-38 OF SAID CITY B~; AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOCAL COMMERCIAL TO SPECIAL HIGH DENSITY RESIDENTIAL; PROVIDING FOR ~ CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. XI - LEGAL ITEM B.5 WHEREAS~ the City CommisSiomof the City Of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitaats of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE [r'r ORDAZNED BY THE c[rrY COMI4I$SION OF THE CZI'Y OF BOYNTON BEACH, FloOR, DA, THAT: ~ Ordinance No. 89~38 of the City is hereby amended to reflect the following: That the Future Land Use of the follOWing described land shall be designated as Special High Density Residential (20 dwelling units/acre). Said land is more particularly described as follows: See Attached Exhibit "A" Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances.or parts of ordinances in conflict herewith are hereby repealed. Or.d nance or any portion , such decision ,~:i days after adoption, issuance of a final 2000. ~,Of BEACH, FLORIDA Vice Mayor Mayor Pro Tern COmmissioner Commissioner City Clerk (Corporate Seal) s:ca\ord\~ltman aka Bay Vista, "R (08-' 3-' 5-33-00-000-1440) BEING A PORTION OF A PARCEL OF LAND AS RECORDED IN OFFICIAL RECORD BOOK 7169. PAGE 1002 & 100¢, LYING IN SECTION 35, TOWNSHIP &5 SOUTH, RANGE 4~ EAST, PALM BEACH COUNTY. FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: CO~I~ENClNG AT THE QUARTER SECTION CORNER N THE EAST UNE OF SAID SEC ON 33, THENCE RUN NORTH ALONG SAID SECTION LINE. NORTH 01"22'06' OF 32¢.00 FLEET; THENCE WESTERLY ALONG A DISTANCE OF ROAD PAGE OF WAY LINE OF STATE PLAT.BOOK 2, PALM BEACH COUNTY, FLORIDA; QUARTER SAID 320.7~ A DISTANCE OF NTAINING: 2.337 ACRES. MORE OR LESS. SUBJECT TO EASEMENTS. RES~TRICTIONS. RESERVATION OF RECORD. GRAPHIC ( ~N Y~-'.--r ) I iaeh = 50 it. iT't' 0~ED AS RECORDED IN F_CORD BOOK 7169 PAGE 1. SURVEY IS NOT VALID WITHOUT EMBOSSED SURVEYOR SEAL. 2. THE EAST UNE OF SECTION 33, TOWNSHIP 4~5 SOUTH, RANGE 43 EAST IS ASSUMED TO HAVE A BEARING OF SOUTH 01'22'06' WEST. ACCORDING TO SECTION DATA PREPARED BY PALM BEACH COUNTY SURVEY SECTION AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO ~ ~, .~.---- ~ ....... 3' NO UNDERGROUND IMPROVEMENTS. HAVE B ,n. g~mvm~ rum aJt<~U5 LOCATED BY ~lS 0~ UN~ O~BNSE ~ 4T ~ BY BAS.NE NO~. '~ . - ONAL GEOD~C ~CAL DA~M OF 1929. /AY NO. 1 (~A~ ROAD NO.5) 5. AREAS ~CROACH~ BY DI~E HIGHWAY (U.S. )~ ~ P~T BOOK ~ PAGE HIGHWAY NO. 1 ~D~A~ P~3.~UC_~FCO~D_~ F ~ ) MAY BE ~BJECT TO ORDINANCE NO. O 00- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF ALTMAN DEVELOPMENT CORPORATION; AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HER~N~ FROM COMMUNITY COMMERCIAL TO MULTI~-FAMILY RESIDENTIAL (R-3); PROVIDING FOR CONFLICTS, SEVI~RA~LTI'Y AND AN EFFECTIVE DATE. XI-LEGAL: ITEM B.6 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Chris Kerr/Kilday & Associates, Inc., as agents for the owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezonmg a certain tract of land, said land being more particularly described hereinafter, from C-3.Community Commercial to R-3 Multi-Family Residential; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW~ THEREFORE~ BE i'l' ORDAi'NED BY THE CTrY COMI~ll'SSZON OF THE cTrY OF BOYNTON BEACH~ FLORZDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: See Attached Exhibit "A" ~e and the same is hereby rezoned from C-3 (Community Commercial) to R-3 4ulti-Family Residential. A location map is attached hereto as Exhibit "B" and made a part of this Ordinance by reference; Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Secbon' ' 3.' :All' '"or,dJoanc~' ' ' '~ qt,~ ~rts of" ordinances in conflict herewith are hereby repealed,, , :.": ' ~ ' . 'Shoul~d any :se~iOn., or prOYisi0n of. this Ordinance or any portion th~e01~:~be~ded~ed .by aCeu~[.~mpetent ~ur~isdiction to be invalid, such S~e~ion.5: T~is o~dinance .shall become~.~ive immediately upon passage. SECOND~ F~NAL R~DING and P~AGE'~his d~ 0f 3uly, 2000; C~ OF ~Y~ON B~CH, FLO~DA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner City Clerk (Corporate Seal) s:ca\Ord\Rezoning Bay Vis~ i: -a - RIPTI _ (08--4.5-45--33-00-000--1440) BEING A PORTION OF A PARCEL OF LAND AS RECORDED N OFFICIAL }02 & 1004., LYING IN SECTION 5..5, TOWNSHIP 4-5 SOUTH, COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER SECTION CORNER IN THE EAST UNE OF SAID SECTION 55, THENCE RUN NORTH ALONG SAID SECTION LINE, NORTH 01'22'06" WEST, THENCE :WESTERLY ALONG -THE LINE OF AN EXISTING I 89'16'57" WEST, A DISTANCE OF 250.21 FEET. TO A POIN] lNG THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88'16'37" WEST, A'DISTANCE OF 3'04%17 FE~'T TO A POINT ON THE EASTERLY RIGHT-OF WAY LINE OF STATE ROAD' NO: 5'-(US HIGHWAY, NO.1) AS. RECORDED IN ROAD PLAT BOOK 2, PAGE 1159, IN :TILE PUBLIC REDORDS OF PALM FLORIDA; -,THENCE 520.74- FEET TO INING: 2.55'7 ACRES, 'MORE OR LESS. OF WEST, A ,DISTANCE OF RESERVATION OF RECORD. GRAPHIC SCALE ( m ) inch = 50 fL. AS RECORDED IN BOOK 7169 PAGE BY CHICAGO TITLE 9Y, FILE DATE FOR STREBBS BASEUNE 4---14-93. VAY FOR (STATE ROAD N~5) IN PLAT BOOK 2, PAGE RECORDS OF PALM NOTES: 1.;!SURVEY IS NOT VALID WITHOUT EMBOSSED sUrVEYOR SEAL. 2;iTHE EAST LINE OF SECTION 55, TOWNSHIP 4.5 SOUTH, RANGE 4-5 EAST iS ASSUMED TO HAVE A BEARING OF SOUTH 01'22'06" WEST. ACCORDING TO SECTION DATA PREPARED BY PALM BEACH COUNTY SURVEY SECTION AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO 5. NO UNDERGROUND IMPROVEMENTS, HAVE BEEN LOCATED BY THIS OFFICE UNLESS OTHERWISE NOTED. 4.. ELEVATIONS SHOWN HERON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM OF 1929. 5. AREAS ENCROACHED BY DIXIE HIGHWAY (U.S. HIGHWAY NO. 1) SIDEWALK MAY BE SUBJECT TO RIGHT-OF-WAY BEING TAKEN PURSUANT TO < ZZ~ m~o o~z< ~ bJ -- LOCATION MAP ,,~,, // CP, ~©o 8 0 FEET 1600 Requested City Commission Meetinq Dates [] March 21. 2000 [] April 4. 2000 [] Apd118, 2000 [] May 2. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Citv C~erk's_ Office March 8, 2000 (5:00 p.m.) March 22. 2000 (5:00 p,m.) April 5, 2000 (5:00 p.m.) April 19.2000 (5:00 p.m0 Requested City Commission Meefina Date~ [] May 16. 2000 [] June 6, 2000 [~ June 20. 2000 [] July 5. 2000 XI-LEGAL ITEM C. 1 Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7. 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) NATURE OF AGENDAITEM [] Administrative [] Development Plans 17-1. C~3nsent Agenda [] New Bumness [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Staff recommends the amendment of Resolution #00-_70, adopted and passed on May 16th for the approval of the City's Local Ho,asing Assistance Plan for State Fiscal Years 2000 - 2003. These funds are for the continuation of the State Housing Initiatives Partnership (SHIP) Program. EXPLANATION: In accordance with Florida Statutes Chapter 420, dedicated revenues resulting from the William E. Sadowski Affordable Housing Act are distributed to various municipalities that are "entitled" communities to assist with affordable housing efforts. The Plan is a continuation of the 3rograms initially established in 1997 with input from ci;ti_zens directly involve¢ in the housing industry, and is cons,stent with the housing element of the City's Comprehensive Plan. Upon review by the Florida Housing Finance Corporation, certain recommendations were made Which caused changes to the resolution and plan. PROGRAM IMPACT: SHIP Grant Funds play a major part in the City's continuing effort to improve the housing stock in the older, more depressed neighborhoods in the target area. Since the implementation of the program, the City of Boynton has assisted eighteen families in obtaining homes, and thirteen families in making repaim to their homes. FISCAL IMPACT: Funding to begin in July of this year will be $450,079 annually for the next three (3) years. A maximum of ten percent (10%) will be used for administering the program, which equates to $45,008 annually. To date, SHIP funding in the amount of $296,896.00 has been used on rehabilitation, closing costs, and new home construction, ALTERNATIVES: ..~tpt~lo receive the funding and fund the City's housi~ng programs from the general fund, ~,.,~:~.ment of Development ~ Division of Communi~ Redevelopment Depa~ment Name Ci~ Attorney / Finance / Human Resources RESOLUTION R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPT NG AND ' A~'¥ l~o THE CiTY S. :F N,~i. LocAL HOUSI G ASSISTANCE PLAN FOR STATE FISCAL YEARS 2000-200~ FOR THE CON, ZIN, UAI~ION OF THE STATE HOU~INb: iNII:iATiVES P~'~IP (SHIP) PR~RAM:.AND eROMIDING AN ,EFFEC~ VE DATE. ' WHEREAS, in a¢¢0rdanc~e with FlOrida Statutes Chapter 420,- dedicated revenues re,suitihg ~Egm the William ~E. Sadows~ci A~ordabe ousng Act are,dlstnbuted fo Vanous municipalities that are entitled comm~ni!ies,to assist with afro"al, able: hous ng,pffo~s; and WHER~S~ the Plan was ini,tially.~-~stab!~ ~n 1997, with nput from clhzens~d~Fedtly,'~nvolved in the hgus~r~ ~nct~, and is consistent w~th the housin'~j,elerff~:r~t bfthe City's Compr~hensiv~¢lan~ and WHEREAS, the City finds pursuant: fo Chapter 420.3075(6), Florida Statute,s,~ ,~,bqt-5% of the Local H,ousr~g.;~trbution s insufficenf to. adeqU.~y libay the,necessary Costs °f a~,~'.ir~ sf~r ng the Loca Hous ng Assistance Plan~ and City Commission deems if to be in the best interests of Jents of the Ci~/ of. Boynton Beach to accept and approve:f~e ~ity's Final Local ,HouSing Assistance Plan for State Fiscal Years; 2000-2003:Jor the continuation of the State Housing Initiatives Padnership (SHIP)PrOgram. ~OW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OFB~NTON BEACH, FLORIDA, THAT: Section t. The foregoing "Whereas" clauses are true and correct and are hereby ratified and confirmed by the,City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby finds, declares and certifies that the Program is consistent with the City's adOs)ted Comprehensive Plan. Section 3. The City finds pursuant to Chapter'420.3075(6), Flodda Statutes, that 5% of the Local Housing DistribUtion Js 'nsufficient to adequately pay the necessary costs of administering the Local Housing Assistance Plan, and that a maximum of fen percent (10%) will be used for administering the program. Sec_tion_4_. ?,hat the City of Boynton Beach hereby accepts and approves the City s Final Local Hoosing Assistance Pan for State Fiscal Years 2000 - 2003. Section 6. upon passage. PASSED AND This Resolution shall become effective immediately July, 2000. OF BOYNTON BEACH, FLORIDA Mayor vice Mayor Mayor Pro Tem Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) CZ'TY OF BOYNTON BEACH STATE HOUSZNG TNZI'LATZVES PARTNERSHZP (SflZP) PROGRAM LOCAL HOuS~G ASSZSTANCE PLAN For State Fiscal Years 2000-2001, 2001-2002, and 2002-2003 City of Boynton Beach State Housing Initiatives Partnership Local Housing Assistance Plan IX. X. Appendix TABLE OF CONTENTS I. Program Description ..................................................... Page 1 II~ Interlocal Agreement .................................................... Page 3 ........................... Page 3 IV. Strategies ...................................................... .............. Page 4 V. ,-I'[me Table for Expenditures ......................................... Page 9 VI. Affordability ................................................................ Page 10 VII.Advertisement and Outreach ........................................ Page 10 VIII. Administrative Expenses .............................................. Page 11 Administrative Budget ................................................. Page 11 Local Housing ~ncentive Strategies ............................... Page 12 State Housing Initiatives Partnership Information Sheet Housing Delivery Goals Charts Timetables Charts for State Fiscal Years Certification to Florida Housing Finance Corporation City of Boynton Beach Resolution R00-70 Adopting Plan City of BOynton Beach ~-- State Housing :Initiative Partnership (SH:[P) Program __. PROGRAM DESCI~PT~ON The City of Boynton Beach's Local Housing Assistance Plan ~nce No, began with the Ao Eighty seven- percent, (87%)-of'the- funds" will be Used by the City to ir~plement the P~ogram in the follow ng manner. 1. Purchase Assistance - The City of Boynto~ Beach will provide GAP financing in the form of; qualified mortgage interest which ~ment objective of providing Iow, and rehabd tabon r ned for payment ~rs. In the be )unt of the 2. Rehab such Corn who own and I funds to renovate furthers the City's the 3. Disaster Mitigation/Recovery - SHIP funds will be used to provide emergency repairs to income eligible households in the aftermath of a natural disaster to address emergency, housing repair needs. The City of Boynton Beach has targeted the older more depressed area east of Interstate 95, west of the FEC railroad as the area for redevelopment wnere SH]:P funds will be used. Eligible applicants may be able to use these funds anywhere within the city limits. Mobile homes aod rental properties are not eligible for assistance. However, condominiums and townhouses have: been identified as those housipg un~ more affordable to applicants wthspecial needs, as well as singl~en~s. :Therefore, tAese un The Plan covers a three (3) year period covering fiscal years 2000-2001, 2001-2002, 2002-2003. The Three Year Housing Assistance Plan was developed from information and suggestions solicited from local lenders, developers, realtors, and non-profit developers of affordable housing and support services. The following organizations were major contributors to the strategy; 'Fne Community Financing Consortium, Inc., The Center for Technology, Enterprise and Development, [nc. (TED Center); the Local fnitiatives Support Cerporation (USC), anda collaborative of vadous local lenders as well as develol2ers. The Plan was refined and developed with the input received on administration, partnersh ips, funding limits, program strategies, and homeowner training. Support Services: 'Ehe Local-Partnership has a variety of organizations that provide services to SHIP applicants. AlthQqgh.there has been an absence of an aggressive, non-profit agency capable of providing this service, the City's Division of Community Redeveloprr~nt has filled that void until such time as a re¢_4entiy formed Community Development Corporation, co- sponsored by LfSC builds its capadty to do so. Boynton Beach has The Boynton Beacl~.. Life Care Center, a nomprofit organization that provides self-su~ciency programs, which encourages among other things, education, training, and home ownersh, ip as its priorities in its CDBG applicati.on. 'tEhe CiLy of Boynton currently provides rent free housing in a City owned ;.building for the local Head Start Program, which accommodates childcare for Cow- income residents in the target area. A maximum of three percent (3%) of the SHIP allocation will be available during all three fiscal years for providing home ownership training and counseling for first time homebuyers as well as owners of homes assisted II. through the Local Housing Assistance Program. This will be a continuance of the partnerships with local lenders, Consumer Credit Counseling Service of Palm Beach County and any other provider of this service that is identified by the Cib/at no charge, to the applicants. These funds will heip :defray t~e ~cost associated ~ith/.this ~rviCe!~]'Th~ importance of poS~- purchase ~.ainin~ in th'~are~S~Of'~,dget ng: ~td ma]nltenance is expected to, ,be on:, goir~¢:. ~,~e ~do'-a~ ti¢il~:~ paYir~ ~ a h a~e~,:?0 r ~h is service. Credit INTERL(~CAL AGEEEt~IENT LOCAL 'B Ob~S~ N~i, ,P,A~RTNERS H ~P .S A. 'net on several applicable., ~, successful Partnership with qs and non-profits Efforts to expand this brokers as well. Staff has from, these organizations to housing. The Partnership will overall effectiveness needed. with a Collaborative of Community f~m lenders to provide help provide the housing for Boynton home ownership households. These lenders and helps add ring substandard ilable through local ~Community Financing Consortium, the Palm Beach County Affordable Housing Collaborative, and Consumer Credit Counseling Services have formed a partnership to provide homebuyer counseling in the form of a "training institute". This collaborative effort will provide counseling to potential homebuyers to inform them of their duties and responsibilities as homeowners and create a form of micro lending with the use of CDBG funds for small industries for potential Iow income homebuyers with skilts that they can perform at home. Ad valorem tax, ~ollars are currently used tq provide landscape grants, pay per,ir'feeS th~ Ca~n0t be waved', r~fial~ itate substandard un ts, and acq~iire land' for new' construction. SHTP funds will free up those ad 9al6~ d6ilA~ that'are currently being used for ~ehabilitation to enable -the ~ to U~~ mo~ ad va °rem do iars fOP and aCquisition. The recent entitlement ~tUS CDBG dollars that will ~e provided will be used for a b~0~ier".rang~-of Capital jmpr0v~men~ ~d ec0~0mic development to furtEer enhance t~ie ~6Us~ng st6ck of the City, as' Well as provide further econo~ic ~bi,t"Y ~F~h~e_ cOr~,muni~. STRATEGIES' Purchase Assi~ance Loan Program FisCa. I-.~'ears 2000-2001; 200~:-2002 and 2002-2003 ;: Assist veryqow, Iow and moderate homebuyers with the j°me. Tt~is Io~n wiil provide "GAp" financing in the form of a zem'[;qterest (0%) deferred loan for first mortgage assistance to insure affordable mon~hty payments. HOmes need ng repa rs must meet the uideiines in the Title 67, Florida Administrative lg Constructio~ Standards." Eligible payment'and closing costs on first m~ rieeded I~o make the unit habitable. Eligible homes (built within 12 months of may or may not need rehabilitation. ~s the repairs or ~mprovements needed for safe ~rld of substantial code violations or the ]f overcrowding. will be utilized during all three State by this plan, 2001 through 2003. The: Household income must not exceed [20% of ~sted. for family size, provided by the State. ]mount of SH:[P funds awarded for this strategy depends on the family's income as follows: Income Category ,LOw Maximum Award $20~000 The maximum Ceiling 'ncludes the ag! of SHIP awards of ~n combination free pereent( and :is deleted I of the the eligible with provided by homebuyers may not currently : calculation). must suit of third party worthy and have from a based deve opment unless it Jgh %he SHIP }nce under the SHIP Emergency Repair/Rehabilitation Deferred Loan Fiscal Years 2000-2001, 2001-2002 and 2002-2003 Activities: The City of Boynton Beach passed a Community Appearance Code Ordinance in 1996. The result of Stepped-up code enforcement has made rehabilitation a cost burden for many very-low, Iow, and moderate- income residents. Fiscal Years: The strategy will be utilized during all three State . fisca, l_y.~ars covered by this plan, 2001 through 2003. SeleCtion Criteria: This program is designed to assist very-low, Iow or moderate-income homeowners with needed repairs as defined by Chapter 91-37, Florida Administrative Code. Rehabilitation is defined as the repairs or improvements which are needed for safe or sanitary habitation, correction of substantial code violations, or the creation of additional living space to correct overcrowding. Deferred Payment Loans are provided to eligible households for the repair of owner-occupied units. Repairs of an emergency nature are given priority. Hobile homes, condominiums, townhouses, and rental units are not eligible for assistance in this strategy. SHIP funds maybe matched with private funds, bank loans, credit union loans, and Community Development Block Grants (CDBG) funds. Applicants will be selected on a first-come, first-serve basis. The unit assisted must be owner occupied and located within the City of Boynton Beach. Applicants may not own another residence, and must own and occupy the home being rehabilitated for the duration of the deferred payment loan. All property taxes and/or assessments must be current. There may not be any judgments or liens against the property, and any first mortgage must. be current. A housing unit may only receive assistance once under the SHIP program. Mobile homes, condominiums, townhouses, and rental units are not eligible for assistance. Recapture Provisions: An interest free deferred payment loan will be provided .for qualified applicants. The deferred loan is forgivable at 10% annually for ten years. The City will place a mortgage on the unit in the amount of the assistance provided. In the event the home is sold, transferred, or refinanced, the pro rated amount remaining on the loan will be due and payable. ]:n case of death of the homeowner, the deferred 6 payment loan would continue as long as the new owner is income eligible under SHTP guidelines, and resides in the dwelling. In the event the new owner is not etig!ble, then the- remaining -pro rated sum would be due and payab!e. : -~ :L Eligible repairs may include, but are not Iirn[tad to cost of la Dor and [nJtary water and waste, disposal systems, with, related plumbing and rfiXtures, which will meet Io~l. health department ~quirements Ener'~'~)~h~'rvaQ0n,, ,~ measures su~:h~, as nstal at on of energy ..efff~l~n~tJoo~',.and windows: .'~', Re~ o~-mplacemerit of. 'heating, and/or, cooling systems ~ ~hi~i,gh ~i~ergy effi~ie~t ~2SEE~ or h gher EI~'~[ ~pgrad ng. ,R~a~ O¢'~rbvision for ~u~ural suppo~ and foundation. Repa~ or .replacement o~ ~e roof. Replacement of seriouslydeteriorated siding, porches, or stoops. Alterations of the unit's interior or exterior to provide greater accessibility for any family members that may be handicapped or have mobility problems. Additions to any dwelling when it is clearly necessary to alleviate overcrowding or to remove any health hazards to the occ~upants. ]. Othe~ rePairs deemed necessary by the Construction CooCdinator and S'HI~P Administrator. 2. The Reci pient Selection Process for Rehabilitation An applicant may submit a completed SHIP Application to the~ City of Boynton Beach for determination of eligibility at any 'time. Applicants are required to provide ali documentation reques~ea for income, eligibility, and qualification .determination. Applications are processed on a 7 first-come, first-serve basis oy income category. A credit check may be provided by 2articipating lenders for each applicant and title search of the applicants property may. be conducted depending on the circumstance, Applicants with excessive liens or back taxes will be denied assistance until such time liens are satisfied and back taxes are paid. Co If it is determined by the City of Boynton Beach's SHIP Administrator that the applicant qualifies for assistance, a home. inspection and work wdte-up wilt be performed by the CitySs:C~onstruction Coord r~at°r. The inspection report will specify what eligible repairs are necessary for the home. Funds will be encumbered for eligible applicants whose homes are determined to be repairable;according to Program Guidelines and Building Construction Standards of the Standard Housing Code, Chapter 553. Florida Statutes. All SHIP .funds will be expended in a manner that will insure that there will be no discrir~ination en the basis of race, creed~ colo~, religion, age, sex, family status, handicap, or national origin, or on the basis of marital status. Persons selected for SHIP assistance will be required to contractually agree to ali SHIP program guidelines, and certify that the unit assisted will be their only residence. A housing unit can not be assisteo more than once with SHIP funds. Applicants determined to be ineligible may reapply for SHIP assistance with The City of Boynton Beach after six (6) months from the date of the last application. Disaster Mitigation and Recovery Fiscal Years 2000-2001, 2001-2002 and 2002-2003 A~'tivity: In the event of a natural disaster, SHIP: funds will be used to leverage available federal and state funds to provide assistance to ~ncome eligible households for the purpose of repairing eligible housing. Mobile homes, condominiums, townhouses, and rental units are not eligible for assistance in this strategy. The purchase of emergency supplies for eligible households to weatherproof damaged homes, interim repair to avoid further damage, tree and debris removal required to make individual housing unit habitable, and post disaster assistance with non-insured repairs. This strategy will be implemented only in the event of a natural declaration using any SHTP funds that have not been encumbered. The maximum, award, of ~$HIP ,funas: for this strategy may not exceed ThE be utilized during all three State h 2003. s must be below 80% of by the State. must be income eligible as described t served basis, pending fund within the City of Boynton Beach )ursed. ns: in the form of a grant, not In the event reimbursement from federal or utilized in accordance with the effect at the time funds are T'[HE TABLE FOE EXPEND~JRE FY2000-O~ Sub, mit Plan for Approval Advertise funds Availability Becjin taking ApplicatiOns En~u~be~ Funds Hay 2,2000 September2000 October2000 December 2001 3une 2003 ExRend. All Funds Su~mit Annual Reports Sept.'2000,2001,2002, and 2003 9 FY2001-02 Adverse funds Availability September 2001 Begin taking Applications October 2001 Encumber Funds December 2002 Expend. All Funds 3une 2004 Submit Annual Reports Sept. 2001, 2002, 2003, and 2004 FY2002-03 ~dventise.funds Availability September 2002 egi0~-~king ApplicatJon$: October 2002 ' ' Encu}~ber Funds December 2003 Expend. All Funds June 2005 Submit Annual Reports Sept. 2002, 2003, 2004, and 2005 VI. AFFORDABIL~FY A. Homeownership The income limits as defined by the U. S. Department of Housing and Urban Development, and distributed annually by the Florida Housing Finance Corporation. *Subject to changes made annually by U.S. HUD. "Affordable means' that monthly rents or monthly mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage 0f the median adjusted gross annual income for households". It is not the intent to limit an individual's ability to devote more than 30 percent of his income for housing, if 30 percent of its income shall be deemed affordable. If the first mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark. The maximum purchase 0rice for a new home is $134,040.00 The maximum purchase price for an existing home is $107, 949.00. B. Rental - Not Applicable. VII. ADVERTISEMENT AND OUTREACH 10 VIII, The City of Boynton Beach distributes flyers and brochures to any person or organization requesting information Oh's,the SHIP Prpgram. Information will be a~aitable: ihthe City of Boynton Be~'ch' i~;e~l~rne~nt :0~ be~!opment, displayed in 'the,main .lobby of City Hall, and in the lobb!bs:~f.p~:ip~g lending:institutiOns. The G~/ of Boynton .Beach :has been"feato~A~i in 'the local newspapers with several a~cles concerning the Pending implementation ~f the program. will be the EXPENSES The DMsion of Community Redevelopment will be operaQ~ns of the SHIP .program. AdministratiVe ] a~iabi~ of funds and community o~acl~, ceddfi~aticms, work write-ups .and lenderSand counseling services, reviewing ~an~i~val an~. sul~mi~tal of Plar~ amendments and Finance C?rporation. :s~ onsible for the day to day itions include; advertising i;~nl; intake and income ~6n with first mortgage .'.rig ,~rogram effectiveness, ts to the Florida Housing The~ maximum'of ten, percent (10Y o) of all:the momes received as the local housing distribution of $1450,079.00 from FisCals!Year'2000-2001 shall be used to cover-sa'l~ry and adm n strative expenses for the SHIP Program. Adm nistratve expenses n excess of the ma,~im~m ter~ percent (10%) SHIP a Ocatloti will be Suppl~entedl by city get~era, l f~nds. The total admmlstrabve budgeti~ e'~timated'~it{~45,008]~00 for ~!200~i'~0~,!$~$,008.00 for FY 2001- 2002, ar~d-:~4S;008':00 f~r FY 2002;03.' : ', ADMINISTRATIVE BUDGET Salary & Benefits $42,308.00 Advertising 1,000.00 Training 500.00 Travel 500.00 Office Supplies 700.00 Total $45,008.00 11 LOCAL HOUSING INCENTIVE STRATEGIF~ The following incentive strategies are'extracted from the City of Boynton Beach's Affordable Incentive Plan adopted April 7, 1998. The Expeditedprocess of permits for Affordable Housing Projects. The Department of,DeVelopment,has been responsible for processing and facilitating affOrdabie housing projeCtS. The-¢ornm'unity Redevelopment and Plan Review staff will oversee,the p[ojects certified as "affordable" through the review process in an effort to make.~sure that they are processed with thnae to five (3-.5) days. Th s division-will be t~e: developer's point of; c?ntact for all questions concerning the review; 'process.', Re :Piah ~,RevieTM Administrator has Wilt be responsible for expediting the, bui ding permitting process for affordable housing projects; He has designated indMduals who have successfully guided and given these projects top p'~tority~ Staff will cohfinue :t~ 6b~J~ :t'rainihg:ih affordable housing ~evelopment. of housing. There is"currently no provision for waiving impact fees. However, the City of Boynton Beach has in the past funded the [nfill Construction Program from the general fund. These funds subsidized the cost of new construction for affordable units by paying permit and impact fees for new construction for very ow and iow- income ~ilie~ building new affordab e home wthin the CDBG target area. Palm Beach County allows existing use Credit for residential construction on vacant lots that had prior residential use. This credit applies to the residenti8 and:road impact fees, and can yie d savings for up to two thousand do ars per home Participating built'ers Of affdi"dable housing will be encouraged to apply for this credit and pass on to the h8mebuyer, The City Hanager will be petitioned to waive payment of developme.,nt application, plan check and permit fees for all eligible projects certified affordable J~6us kg proje~. The allowance of increased density levels for affordable housing.(Comprehensive Plan, Housing Element, Policy 6.1.3) The housing eement provid,es for :review of zoning regulations for the purpose of allowing inCreased density t6p encourage in prov s on of affordable housing. The City's Plan'ntng and Zoning, Department continues its effort to provide for an increase in residential density for the purpose of providing for affordable housing. t2 This density bonus will be subject to compatibility with the surrounding natural and physical environment, site constraints, and concurrency management requirements. very-low conform the 11 maintain as ~ · reduction of parking and affordable maid(~in ;tl~e~ ~a'u~''of: prope~, wh.!le.~at the s~me ti&~ r~;;~ any adverse effe.~:on affordable housing; there sha not be r~odifi~ti0~i;[~..~t, regulations g0veming i~fiis issue. Se~ack requ foments n the targeted area require a frontage ~5 feet. The city has iE the .p;a~ worked effectve!y wCh developers tn a9 effqrt; to.design and pro¢i~Ce un ts ~t ha~e .dealt with ~his effort without Causi.n~'ae~ a¢~eCse effect on ~ff0~:~ab e hCu~ing. The Cib/will ma ntain this flexibie pr~7~i~ith'dealing with this issue on a case by case basis as needed. e The allowance of zero lot-line configurations for affordable housing. The Ci~ ~f. Bovnton Beach's current zon ng does not per. m t ;er.o pralines in districts that are net Panned Un f: Deve opments, as t v olate,s the Gtys set bac requirements. However, with ~he ex st ng m n~mum ot$ ;~ ;e~qu~rements ~n the CDBG ta~ et area of 6,000 to 7,500 sqUare feet, t s ~ that th S s zeot s suffiCi,ent, enough to accommodate des red deveJopment of~;fO[eab;le housing. 13 The modification of street requirements for affordable housing. Due to concerns for safety and aesthetics~ there wil~ be no modifications to current regulations governing streets. In the older platted sections, waivers of sidewalk requirements have been granted for developers on a case by case basis. These variances are usually granted in areas that are generally consistent with the surrounding area. Consideration may be made in instances where costs involved will hinder oroducing affordable units. CDBG dollars wi] be expended on many streets within the target areas to install sidewalks and curbing. Efforts to avoid the variance process with certification of those areas consistent with no sidewalks by the developer will be ongoing. The liaison from the Deparb~ent of Development will ,e, xpedite this certification process f0r affordable housing projects. The esta~[sh~ent of a process which the City of Boynton Beach considers, before the ad0p~ion of any new legislation which may increase the cost of housing. The Department.,. o~.D,e~iopment~'s,., ~ .. var ous divisions, particularly the Division of Community Redevet0p~ent,~ ~ill review any and all policies, procedures, ordinances, regulations, ~nd plan prov sions to determine what effects if any they may have on the cost of,~roducir~g affordab e units pr or to their passage. The City Manager will disperse ~11 ir~farmation concerning ordinances 'n sufficient time needed to evaluate and comment on any impact if may have on affordable housing. @ The preparation of printed inventory of locally owned public lands suitable for affordable housing. The Division of Community Redevelopment maintains maps of the current inventory of all vacant land including those properties owned by the City of Boynton Beach and Palm Beach County within the target area. The City funds land acquisition in an effort to acquire land for potential pre qualified homebuyers. This effort has resulted in considerable cost saving in the production of affordable units. APPEN STATE EIOUSEN'G LNITIATIVES PARTNERSFITp (SFFFP) PROGRA~I 17VFO~ TION SHEET LOCAL GO~-E1L~,.%EE.N-T: City of Bovnron Beach CH I b.F ELECTED OFFICI.-~L (Mayor, Chairman. etc.) Gerald Broening. ~Iavor .A.DDR~S,.g: ,. I00 E. Bovnton Beach Blvd. l]ov~ton Beach. ltl 33435 S~Hl~' A.D~/ISTR_ATOR: Brenda (~ornelius. Affordable F[ousin~ Administrator I00 E. Bovnton Beach Blvd.. l~ivnton Beach. ~ 33435 TELEPFIONE:(561) 742-6066 : ' FA<:(561) 742-6089 Octavia S. Sherrod~ Community Development Manager (same as above~ ' -?,e £oilos~;m~ information muse be D. um~shed~ the Co~oration be!bre an7 ~ds c= be dish.seal. LOC.~ GQ}~kN~NT EMPLOYER F~E~ ~ ~T~IBER: ~9-600~181 ~L~ DISBUrSEmeNT TO: City of Bo~ton Beach - Division of C0mmuni~ Redevelopment .~D~SS:, ~: 100 E. Bovnton Beach ~lvd., Bovnton Beach. ~ 3343~ OR: IF YO~"R FL'NDS ARE ELECTRON~IC-~LY ~TRANSFERRED PLEASE COMPLETE THE ATTACFrlrr} ~ NO CH.A_'h-GE FROM PRE'~IO S ELECTRONIC FORM SL'BMlt't'ED. Provide any:additioaal updates the Cor[~bration should be aware of in the space below: Please return~this form via fax to: LLN-DA C'L.A_RK Fax: (850) 4~-5479. t. 2000dr '~-~ "' ~ ..... ON FLORIDA HOUSING FINANCE CORPORATI .ous~~ ~)~uv~ ~ts $ I 0,000 $1,000 $ I 0,000 $10;000 $ AU~c~ti~ll Breakdown Low Income I O0 It% $o.0o 05:16 PM FLORIDA HOUSING FINANCE~CORPORATiON HOusING DI~£1VIERY GOATS CHART Local Government: City of Boynllm Be,uh J-Available hmdsi C *to,oo0 $10,oo0 $198034.76 St,ooo $1,H,OOO Oo $27i ?~b8;73 $ GO,i)O0.0iil Maximum Allowable :toO% Allocation Breakdown Very-Low Incmne Low Income Moderate Income TOTAL $12o,oot).oO J ~ut)% ~--- FLORIDA HOUSING FINANCE CORPORATION ~ HOUSING DELIVERY GOALS CHART ~ sTRATEGIE~ H3ff'T~E~ LOCA£~HC)~SI'~ ASSIST~F~CE PLaN FOR STATE~FiSCAE YEAR~ 2,002=2003 Name o[ Local Government: City of Boynlon 8each $101ooo SLOOO Alloc~hm Breakdown Very-Low Income ~come TIMETABLE FOR STATE FISCAL YEAR 2000-2001 Local Guverllmel~t: City of Boyillo[i Beach TIMETABLE FOR STATE FISCAL YEAR 2001-2002 Local Government: City of Boyllton Beach I'IMETABLE FOR STATE FISCAL YEAR 2002-2003 Local Government: City ot Boy~to~l Beach CERTZFi'CAI'ZON TO ~-~ FLORZDA HOUSZNG FZNANCE ~,- Local Govemr~ent: Pa]m~'Beach'Cpunty; City. Of Boyr~t0'~ ~ ,ach The oca government wilt, advertise tt3e-,availabifiW or Statutes. Florida 2. All SHIP funds ,.will I~e expended,in: a discr~raination ,Oh ~he, i~ba~si~ of status, handlcap~rrnat onal ong ~T 3. A 4. The eligible muni~i~l~ ~ awards. ~ ~': ' for funds hasbeen dev~¢~Ped. will be no or marital applications for 5. Recip ents of fun~S'witl 'be required to contractually commib 6. The Florida Hou~ng Finance Corporation will (or interlocal enti~/}' Will be unab e to comply with the 7. The Local Housing ~ssistance Plan shall 24 months follow~i~.tJ; ' in. jovernment funds The plan confcrms to the Loc~ the Local Government Comprehensive opportunity to insure conformance ~ Plan will be ia :, an amendment to next available 9. Amendments to the approved Local Housing Corporation within 2t days after adoption. )rovided to the 10.The trust fund shall be established with a moneys generated from activities such as interest ea funds as well as il. Amounts on deposit in the local housing assistance permitted by law. 12.The local housing assistance trust fund shall be separately stated as in the local :governments audited financial statements. Copies forwarded to the Corporation as soon as possible. ~11 be invested as revenue fund audits will be 13. An interlocal entity shall have its local housing assistance trust rately audited~ each state fiscal year, and the audit forwarded to the as possible Certification Page 2 14. SHIP funds will not be pledged for debt service on bonds or as rent subsidies. 15. Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LiHTC) Program shall comply with the income, affordability and other MI-ITC requirements. Similarly, any units receMng assistance from other federal programs shall comply with all Federal and SHIP program requirements. 16. Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years ~vhich continue to service eligible persons. t7. R~ntal u_nits co.g~structed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements. Wt'TNESS CHIEF ELELt tO OFFICIAL Wt'TNESS TYPE NAME AND Ti"rLE DATE OR A~ l ,...ST: (S~L) XI. KESOLUTIONS C. 2 RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CID{ OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF CASA LOMA BOULEVARD; BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE. ATTACHED DISCLAIMER BE RECORDED IN ~E PUB_L[C RECORDS OF PALM BEACH COUNTY; AND PROVIDING AN EFFEC-r'iVE DATE. WHEREAS, the abandonment of Casa Loma Boulevard is an intricate part of the Mar na redevelopment and a condit?n of the Mediated Settlement of litigation conceming,~he development project, and WHEREAS, comments have been solicited from the appropriate City Departments, and public he.arlngs have been held before the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said Casa Loma Boulevard no longer serves any useful purpose. NOW, THEREFORE~ BE 11' RESOLVED BY THE CZTY COHHISSION OF THE Cl'T:Y OF BOYNTON BEACH~ FLORIDA THAT: Section 1,_ Each Whereas clause set forth above is true and correct and incorporated herein by this reference. ~ The City Commission of the City of Boynton Beach, Florida does hereby abandon Case Loma Boulevard, subject to staff and utility company comments, and reserving easements for water and sewer lines to the City of Boynton Beach. ~ The Mayor and City Clerk are hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of ,2000. C~'I'Y, OF BOYNTON BEACH, FLORIDA City Clerk C~ISA LO,lA BOULEVARD A parcel o[ land lying in ect .~-ast, City · and being a ~on ~he la~ 6~' ~o,~ ~ou~eva~uana Canal D~ve a ~2 ~ Q~SA ~O~IA as cecorded ~ s shorn he Public Records .o[ Palm aeac line Canal the,NOrtheast corner o£ Lot 1 o£-~aid CASA ~l[e intersection of the ~n,,*~ ~.~ _~OMA, ...... - -~-~-o~-way line of THENCE with a bearing of S. 89° 56' ~' ........... of LOts 1-12 of said ~A~- ~-t~ ~ ~ -r, aaong =ne ~orth line line of ~ ..... ~-~ ~u~ asa a~so the out - a ~~,Uou~e a distan~e' of g f wa ly,ng on the West 656.41 feet to a pOln~ --~.,. v~ way line o~ O~ange G~ove Avenue~ ~ENCE with a bearing o~ N. 02° 01~ 43' W., along the west tight- of-way l~ne of Orange Grove Avenue, a distance of 55.0'3 feet to a point~ THENCE with a bearing of N. 89° 56' 20' E., along the North ~ight-of-way line of Casa Loma ~oulevard~ a distance of 699.15 ~est :to a point~ TliE}lCBfeet to witha point,S bearing of S. 05° 44* 45' W., a distance of 55.28 THENCE with a bearing of S, 89° feet,. more or less~, to 56' 20" w., a distance of 35,26 the Point of Beginning. Con.raining 38,248 square feet (0.878 Ac.)~ more for less~ and sub3ect to easements and rights-of-way of record. Bearings based on an assumed bearing of due West along the North line of Section 27. iDI~$GLAIMER KNOW ALL MEN, BY~ THESE PRESENTS that/the'CiW of~Boynton Beach~ ,EIo~ida, a municipal corpprg~o,n, under the:laWs ' ..... ,i~lar ', descnbed Casa Loma-Boulevard, ~prg,~P~: ~ herein as Exhibit "A". WHEREOF, the duly authorized:offu:ers 'of the City" of seal of the O~t~ls~ ;'~, "day of 3uly, 2000. C~ OF BOYNTONBEACH; ~LOR/DA; STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE HE, the undersigned authority, personally appeared GERALD Broening and SUZANNE KRUSE, Mayor and CiW Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. W~TNESS my hand and official seal in the said State and County this __ day of 3uly, 2000. NOTARY PUBLIC, State of Florida My Commission Expires: CASA LOHA BOULI~VARD A parcel of land lyin- - East, City o~ ao..n-t~ ~_n Se.ction_27, Township 45 S uth land being a Part~ ~_.~_u~_acn, Palm Beach County ~,_._,,~R_ange .-ne Publl~ Records Of u~?-e[ ce~otaed In Plat Book 11. mote PartiCularly de~.~:ueaca County, Florida. aaid-~-$-.~. BEGINNI.NG at the.NOrtheast cot · ~a_l_d p_o~,_n_~ l¥ir~g dn the lnters~ncl~°~fff'Or 1~ ol-said. CASA LO'IA i_~"e.oF .~aaa Loma BOUleva-~ 2-~ ~.~_ ~f ~h. S~uth rlghh-of_v~~ canal Dczve~ -- ~,u one Nest rtght-o~-vay line ~} THENCE vtth a ~eact~ o[ S. 89° 5g~ 20' ~. a o[ Loks 1-12 oc said C , long ~he Norh line o~ Casa ASA LO,IA and also h line Loma ~OUlevard. a ~'-~---- -~~ ~ight-of-,ay lying on ~he - ~-~-~..~ ol 6~.41 [8et ~o a point ~est ;lght-oi-way line of Orange Grove Avenue; · II~NCE with a bearing o~ N. 02o 01~ o[-wa[ line of Orange 43' ~., along'the ~est right- Point, Grove Avenue, a distance of 55.03 feet 2o a Bearings based on ~n line o£ Section 27 T[IENC~ ~th a bearing of ~ight ot way line of Casa ri. 89° 56e 20" E., along the North feet to a point; Loma BOulevard, a distance of 699.15 TIIE}ICE wl~h a bearing of feet to a point; S. 0S° 44* 45' ~., a distance of 55.28 ·HENCE with a bearing o~ S. 89° 56~ 20° ~.~ a dls~ancs o£ 35.26 teet, more or less~b~o the ~oint of Beginning. Con~atning 38r248 square feet (0.878 Ac.]~ more subject to easements and rights-of-way of record. ~r leas, and assumed bearing of due ~est along the North Memorandum To; From: Date: Re: Honorable Mayor & Commission Wilfred J. Hawkins, Director of Administrative Services June 6, 2000 City Commission Agenda Item: X - Item A Please find attached a supplement to Agenda Item X- New Business, Item A, regarding "My Emotions" for tonight's City Commission Meeting, June 6, 2000. WJH/cw attachment c: Kurt Bressner, City Manager Date Sugerman, Assistant City Manager Wayne Segal, Director of Public Affairs Central File / City Clerk X - ~l~w BUSINESS ITEM A Mombach, Boyle & Hardin, P.A. ATTORNEYS AT LAW June 6, 2000 BROWAP--D v-'~NAINiC L&L CENTI~,E, SUITE 195~ 5~ EAb'T I~ROWAKD BOULEVAI~D FORT Lfi. UDERDAL~, FLORIDA 33~4-30~ (954) 46?-220O TEL~COPLEE (}~4) 467-2210 BOCA E_&TON (5613338-0400 VIA FACSIMILE City. of Boynton Beach Post Office Box 310 Boynton Beach, FL 33425 Re: My Emotions, LLC Dear Mr. Bressnan We represent My Emovions, LLC. As I am sure you axe aware from your discussions with Tom Souza, My Emotions is a newly formed company Wb/ch is establishing a nationwide retail chain of szores. The stores will specialize in a product line to include bath and body items, fragrances, home decor, candles and accessories, Thc company has selected Boyaton Beach for its corporate headquarters and the location of its first ~ore. I am writing To confirm that the company will not at an3' ume sell an3 ' adult entertainment, Kated" or pornographic materials, The company will be a first class retail opera$ion and we are presently negotiating Leases for several shopping center locations around ~the country, The company looks forward to the opportunity to grow its corporate l~eadquarters in Boynton Beach and develop an excellent working relationship with the City. Thank you. Conrad CJB/cd cc: Thomas Souza (via fax)