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Agenda 10-17-00
tim¸ ~0: ~ro~: Honorable Mayor & City Commission Kart Bressner City Manager Date: October 12, 2000 October 17tt~ City Commission Meeting Attached are ~wo proposed ordinances; one entitled "At' ' · ,, ~enaance at Meetings, based on a request from a member of the City Commission, and the other "Code of Ethics". I plan on adding these two items for discussion a ' ' ' r tomght s meetxng. KB:jc Attachment ORDINANCE NO. 0-00 AN : THE CITY COMMISSION OF THE CITY FLORIDA AMENDING THE CODIFIED CHARTER OF SAID CITY, PART I, ARTICLE II BY' ETHI AN EFF~ DATE. WHEREAS; the Oty Commission has deemedib-t0~ be~n the best interests'Of the dtizens and residents of'the C D/to amend the i:od~fi~l~er of the~CiD/of BoYnton :~each'to create a new Se~on providing for a Code of Et~hics for ~:he CiD/ Commission; NOW THEREFORE, BE IT ORDAINED BY THE CITY '(;OM'MISSION OF THEC.~'I~/.OF BOYNTON BEACH, FLORIDA, THAT: ~ Se~on 1. Part I, Article II/S~on 25, of the codified Charter of the CiD/ of Boynton Beach entitled Code of Ethms' ~s hereby created, .as folio . Sec. 25. Code~of Ethics The .qoverninq body shall be dedicated to the concepts of effective and democratic local qovemment throuqh its elected officials. (b) Each member of the qoveminq bogy pledqes himself/herself to affirm thediqnity and worth of the services rendered by local qovernment and to maintain a constructive; creative, and practical attitude towards urban affairs incorporatinq a deed sense of social responsibility as public servants. (c) Each member of the qoverninq body dedicates himself to the hiqhest ideals of honor and inteqdty in all personal and public relationships in order to merit the respect and confidence of fellow elected officials, of the city officials and employees, and of the public, who he/she serves. (d) The qoveminq body recoqnizes that the chief function of local .qovemment, at all times, is to serve the best interests of all of the people. (e) The qoverninq body pledqes itself to keep the community informed o,, municipal~ffa~s~e'~enco~munii~ations between the citi~.en,-; and all municipal officials; to emphasize friendly and courteous servfc,: to the public; and to seek to improve the quality and. imaqe of publi,; service. (.f) Each member of the qoveminq body pledqes that he/she will sec,", favor or personal profit or misuse of his/her public office (.q) When appearinq before any other qovemmental body, Or within th,: ..c. ontents of any written communication by the member of the qovemin, l boay of any kind, ~-~ch member pledqes to inform that body, or inform the recipient of the communication, that the issue before them, or in wdtinq, has or has not been addressed officially by the qoveminu body; aha further, to inform that body, or the recipient of th,, _communication of any official position taken by the qoverninq body, and to indicate that his appearance is or is not authorized by th,: ~'h) The qoveminq body and each individual member pledqes to uphol, I and not to violate the provisions of the charter of the city. (i) Any member of the qoveminq body that violates the code of ethic,,; shall 9e subiect to censure by a four-fifths vote of the qoveminq body. ;lerk. of th,.' ; Law. ~ Each and every other provision of Part I, Article II. of the of the City of Boynton Beach, not hereinbefore specifically amended in full force and effect as previously enacted. Section 3._ All laws and ordinances applying to the City of Boynton Beach -in c~fl ct w~th any provisions of this ordinance are hereby repealed. Section 4. Should any section or provision of t~his Ordinance or any portion thereof be declared by a court of competent jurisdiction to .be invalid~ such dec[ision shall not affect the remainder of this Ordinance. Section 5 .Authority is hereby given to codif-y this Ordinance. Section 6 F-[R~ READING this day of October~ 2000. SECOND, RNAL R,EADING AND PASSAGE:this day of October, 2000. CTTY OF BOYNTON BEACH, FLORIDA MaYbr Vce Mayor Mayor Pro Tom Commissioner Commissioner City Clerk s:ca\charter\Code of E~iCSJL01200 ORDINANCE NO. O-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CODIFIED CHARTER OF SAID CITY, PART I, ARTICLE II BY CREATING A NEW SECTION 24. ENTITLED "ATTENDANCE AT MEETINGS'; PROVIDING FOR A SET PROCEDURE FOR ATTENDANCE AT COMMISSION MEETINGS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Cib/Commission has determined that in order for the City to function at the most efficient level, certain provisions should be into the codified Charter of said City; NOW THEREFORE, BE 1T ORDAZNED BY THE CITY COi~IM]:SSZON IF THE CTI'Y OF BOYNTON BEACH~ FLOR]:DA~ THAT: Section 1_. Part I, 'Article II, Section 24, entitled "Attendance at , created, as follows: Sec. 24. Attendance at Meetincts Ca) The standards of conduct and technical rec~ulations as set out in thi,. subsection are hereby adopted rec~ardinq attendance by members o£ the qoveminq body at reqular and special meetinqs. Members of th~. qoverninq body shall be excused from physically attendinq reqular or special meetincls of the qoverninq body based upon the followinu criteria: (1) Personal illness or illness of a family membe, requirincl the assistance of the c;overninc~ body member; Vacation periods established by the qoverninq body m ~ ember s employer or taken in the normal course of busin¢,... by a qoverninq body member if Self-emotoved: ~Extraordinary business commitment requiring the presence of a qoverninq body member and precluding that commission member!s physical presence at a reqular or (4)Extraordinary family circumstances or matter, not including personal and family illnesses, which require the A required appearance at another function or meetino for and on behalf of the,city which is held simultaneously with a reqular or special meeting c~ the qovernino body. (b) Except for sudden personal or family:illness, a member of the governinq body shall request that he/she be excused from a reqular or special meetinq of the qovernlnq body. (c) Requests for excused absences shall be submitted in writinq not less than 24 hours in advance of a prior, scheduled reqular or special meetinq of the oovernino body throuoh the city clerk or, in his/her absence, the deoutv dtv clerk, to be forwarded to the mayor of the city. in the absence of the mayor, the vice mayor shaLl receive requests for excused absences in accordance with this section. (d) All absences permitted in accordance with .this section shall be recorOed amonqst the permanent minutes of the city and whether or not such absences were excuseo or nonexcused absences. (e) If a member's absence from a reqular or special meeting of the ovem nq body has not.been excused by the mayor or the vice mayor g _of the city due to the absence fallinq outside of the criteria an~l standards set forth in this section, the c~overninq body shall review !Jnexcused absence at the next available reaular or specIal meetinu .and may, by motion, take action to reduce a proportionate amount or the member's reclular monthly salary provided for by ordinanc,~ throuqh the annual budqet process. Upon a deduction, the aoveminu body may move to deduct the sum of $200.00 for a member% unexcused absence from a reaular meetinq and the sum of li for a special meetinq. The city clerk shall record the vote of th,. " membership of the qoveminq body and the city mana0er shall dire, the action taken from the meetinq for a proportionate deduction from the reQular monthly salary of the member to the finance director for appropriate modification for that month's salary check for th~; unexcused member._ Section 2. Each and every other provision of Part I, Article II. of the Charter of the City of Boynton Beach, not hereinbefore specifically shall remain in full force and effect as Previously enacted. Section 3. All laws and ordinances applying to the City of Boynton in conflict with any provisions of this ordinance are hereby repealed. ~ Should any section or provision of this Ordinance or any be declared by a court of competent jurisdiction to be invalid, s~h decision shall not affect the remainder of this Ordinance. Section 5.. Section 6 F~RST READING this Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. day of October, 2000. ~COND, FINAL READING AND PASSAGE this day of October, 2000. C. TI'Y OF BOYNTON BEACH, FLO~DA Mayor Vice Mayor cOmmissioner Commissioner City Clerk CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA October 17, 2000 I. OPENINGS: 6:30 P.M, Call to Order - Mayor Gerald Broening Invocation - Rabbi Max Roth - Temple Beth Kodesh Pledge of Allegiance to the Flag led by Commissioner Bruce Black D. ~F YOU WISH TO ADDRI:;$ THE COMM_T_~_~T_O.~.: · FILL PORI'~ON · COME BEFORE THE "OPENINGS" INDMDUALS MAY SPEAK FOR THREE E. Agenda Approval: II, 2. PUBLIC III. :. Additions, A. Accept Regular member of the Planning & To[ Length of Term Board Expiration Dato III Children & Youth Advisory Board Alt 1 yr term to 4/01 IV Children & Youth Advisory Board Stu/Reg/Voting 1 yr term to 4/01 Mayor Broening Children& Youth AdVisory Board Stu/Reg/NonVoUng I yr term to 4/01 Weiland Fisher Bldg. Board of Adjustment & Appeals Alt Education Advisory Board 1 yr term to 4/01 1 yr term to 4/01 Tabled (3) CTI'Y OF BOYNTON BEACH AGENDA REGULAR ~ COMMISSZON MEEI"[NG OCTOBER 17, 2000 ' Sherman IV Fisher Mayor Broening IV Fisher Nuisance Abatement Boaro Nuisance Abatement Board Pianning& Deve!opment Board Recreation &. Parks Board Rog 2 yr term :o 4/02 Alt 1 yr term to 4/O~. Reg 2 yr term to 4/02 Alt ]. yr, term to, 4/01 Tabled ~3) ANNOUNCEMENTS,&. PRESENTATIONS: A. Announcement~: 1. Fir~ (Due to a None to be used for 2. Park GENDA: Presentat on- Recreation. i ~I~ Depa~rtment,,,, -Virginia ~attem~n this section of the Agenda are proposed and recommended by the City Manager for ;' ~ns~-nt Agenda" approval of the action indicated in each ttem, ~vtth ,all of the accompanying material to become a part of the Public Record and subject to staffcommen~s; Minutes: Agenda Preview Conference of September 28, 2000 2. Regular City Commission Meeting of October 4, 2000 Bids - Recommend Approval - All expenditures are approved in the [999-2000 Adopted Budget CZTY OF BOYNTON BEACH AGENDA REGULAR CZTY COMMZSSZON MEt I.tNG OCTOBER 17,. 2000 Award the bid for '~ANNUAL CONTRACT FOR AUTOMOTIVE PA ,r RTS/SUPPLIES, BID #095-1412-00/C.1D, to varous vendors as per staff's recommendatiO~ with an estimated annual :expenditure of $175,000 ApproVe ~he purchase of a VOLVO WE64, MODEL 2000, ROLL-OFF RE~usE COLLECTION-VEHICLE using BID ,#013-2516-00/SP to Volvo Trucks of Palm.Beach in.~theamount of $76,,~,10 POLICE Dry Cleaners of in as VEHICLES/NEW AND and #070-700- in the amount of to Vila and of palm trees on e Proposed Resolution. No. PO0- Re: Approving a rtl-party agreement between the Qb/of Boynton Beach, Boynton Cultura Centre, Ir~¢. an~ Palm Beacl~ COun~ Parks and Recreation Department to rece ye $50~.000 from'the. D!..~ 3 Recreation Assistanc~ Program for the .p,~r~ase and const~iu~on of an indoor interactive ecosystem exhibit at me 1913 Schoolhouse 'Museum Proposed Reso ution No. R00- Re: Approving the reductio.n in surety for the ~water and sewer port ons of the project known as Cedar Ridge PUD from ~97,723 to $9,772.40 Proposed Resolution No. R00- Re: Approving the Software Maintenance Agreement between Queues Enforth Development (Q.E.D.) and the City of Bovnton Beach CITY OF BOYNTON BEACH AGENDA REGULAR C1TY COMMTSS'[ON MEL=T~NG OCTOBER 17, 2000 Proposed,Resolution No, R00~- Re;. ~" Approving a contract ~it~,.~Wajla~ P. ob~tS ~& ~-°ddl, LLC ~/,RT)'to ~prov[de Master Ptanning Design and Ehginee~:ing Se~vices for the deVeloPment of Zntiracoastal Pad;. Proposed ResOlu~io~ No. R00- , Re: . Approving the renewal 'cont~a~ with.~Chi!~renrs'Ser~i~ ~oancil !(CSC) for the 2000-2001 ~s~al year~tchk~Y,~Afte~SChoeJ ,~regr, a~' ~ ;ervice a Authorizing an Boynton Beach and , Inc.) Park PID - foot ~,.25 acres (T.4~I..~D ON -- ~ '-. ~. C'. 8( Pamela J. Case (8:[l Ocea ~!!f ~ ' ~ {~ .... 5C2a r unnga se~aCK ~ Co~t~"a~n~ -~a C E Pamela J. Case (8~ Ocea 'mum' rearse~ ~ac~F~f :~5 t~ a ow a 9 rear vanance or setback ~ ¢o~:~pv~ parc '~; 4 Clq'Y OF BOYNTON BEACH AGENDA REGULAR CZTY COMM[SS'rON MELri'ZNG OCTOBER 17, 2000 Adene Henry Variance (rear setback) - Arlene Henry (144 SE 3i~ Avenue) - Relief from Chapter 2, zoning, Section, 5.C.2.a. requiring a minimum rear setback of 25' to allow an Il.9' variance resut~ng ~n a 13.i0' rear setback k0 atlow a rear addition on property zoned R-l-AA Dondi Re( half (2.5) required within R-3 zoning setback) - Dan Hess/Dondi Crestview Subdivision) - and one- an OOlS in the amount of $15,848.07 to ; Assistant City Manager-Services Dale S. Sugerman as Assistant City Manager- lities/~P.f0r tlie City of Boynton Beach MANAGER'S REPORT: A. Update on Capita Projects (Verbal) VZT. PUBLZC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMXTS Project: Agent: Owner: Location: Description: Quantum Park Business Center Lots 32-38 Eugene A. Gerlica, Mock, Roos & Associates, ;[nc. Gateway Business Park L.C. North of the intersection of Gateway Boulevard and Quantum Boulevard, Lots 32-38 in the Quantum Park PID Request for utility easement abandonment between Lots 32-33 in the Quantum Park PID 5 CZTY OF BOYNTON BEACH AGENDA REGULAR cTrY COMM~SS~'ON MEETJ[NG OCTOBER :1.7, 2000 Project: The ( Agent: HarvE Owner: Kal B ~ocation: G~lf .~ DescriptiOn: ~u' · i6L~nc ~nd '(a.k.~. OZONE) ream ,Mall~ 2637 S. Federal Highway i~ :fOriciS~idfci°n~l i us~e A~3proval for a b.a,r/cocktail ~"!at: ~1~e Gulf Stream Mall within 600 from a Ordinances - 2n~ Reading - PUBLIC HEARING Proposeo Ordinance No. O00-4g Re: Creating a definition for wall murals, and estab ishing a process and guidelines by which to review future wall murals (TA~LED 0N~10/4/00)-Request Item be tabled to November 21, 2000 Proposed Ordinance No. O00-52 Re: Amending Chapter 2 of the Land Development Regulations, Section 7, Planned Industrial Develo .merit Districts, to allow mixed use pods of commercial, retail, multi-family residential and office/professional use in Planned Industrial 6 C1TY OF BOYNTON BEACH AGENDA REGULAR CZTY COMMISSION MEETING OCTOBER 17~ 2000 Development Districts, providing for des gn guidelines, aroviding SUbmission reqeirernents, I~i:0viding procedures ~or r~view Proposed Ordinance No. 000-54 Re: Amending Chapter 26 entit ed "Water, Sewer and City Ut it es", amend no Section 26 i fn p ovlde for commencement date for utility services bil ng cyc e, and to provide a defir~ition of :base facilit~ charge; amending Section 26-9, Schedule I! (B)to provide billing formula for multi-famii in t amending contribution for improverffent watershed Land Re~ East Om pter 2, -lt.L ancillary uses in Planned. ( .0) acres or more, and ~rds and B. Ordinar 000- Re: Expansion of CRA Boundaries 2. Other:. 1. Proposed Resolution No. R00- 2001 City Objectives Re: Approving the 2000. Proposed Resolution No. R00- 2002 Capital Improvement Priorities Re: Approving the 2000- Ratification of Code Compliance Board action: Reduce the fine in Case #96-5573 (2131 NW 1~ Street) from $21,825 plus $730.15 in administrative costs, to $2,000 plus administrative costs. C['I'Y OF BOYNTON BEACH AGENDA REGUIJ~ CTFY COHPlZSS~ON MEETZNG OCTOBER .~7~ 2000 ~THE~ ~,___~dur~_ the fine n Case. #98-2064. ~,3255 E Palm Drrve) fro. $3~i600 plus" $634;i2 '-in administrative' costs, to $2,500 m Addition to i~he admin Strative costs. Reduce the, fine in £a~e A92~2:~ (~31 NW 8~" Avenue) from $22i5~$ plus .~63~,.~2 ~n adm mstr, atJye costs, to administrative COSts:. IF A PERSON DECIDES TO HE/ RECORD SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL ~ A DISABIL.[TY AN PARTICIPATE IN AND EN~OY THE BENEF't'TS OF A SERVICE~ pROGRAM~ OR AC'F~Lr'P~ CONDUCTED BY THE Q-rY. PLEASE 742-60[3 AT LEAST TWENTY-FOUR HOURS pR[OR TO THE PROGR~fl OR A~ IN ORDER FOR THE JMP FINAL DR FT - 1011012000 4:27 PM \\CH~,MAiN\S H RDATA~CC\WP~CCAGENOA~AGENDAS\'101700.DOC TO: FROM: DATED: RE: MEMORANDUM Honorable Mayor and City Commission James A. Cherof, City Attome!~,~lJ October 11, 2000 Lawrence Fence Corporation At the last City Commission meeting an item appeared before you under the Consent Agenda which approved a contract between the City and Lawrence Fence Corporation, to supply and install aluminum fence at Boynton Memorial Park. After approval and execution by the City the document was forwarded to Lawrence Fence Corporation for signature. The document when returned from Lawrence Fence Corporation included three (3) hand written amendments. Ms. Lawrence has asked that they be initialed by the City, and made part of the contract. ! have been in contact with John Wildner, Director of Parks and the initiating Department for this bid, and he assures me that he has no problem with these amendments being incorporated into the Contract. Would you please reconsider this contract at the October 17, 2000, meeting. cc: Kurt Bressner, City Manager John Wildner, Director of Parks Bill Atkins, Assistant Finance Director ~ CORPORATION ELECTRIC GATE £YSTEMS · ORNAMENTAL ALUMINUM & STEEL · CHAIN L!N;( · WOOD LICENSED - BONDED - INSURED BROWARD ~ DADE - PALM BEACH - MARTIN - ST. LUCIE - INDIAN RIVER October 2, 2000 Carol Dopler City Of Boynton Beach Procurement RE: Contract Boynton Memorial Park Dear Carol, ~'~a~d Per my cohversation with Mr. Wildner, I have made inons to the text of the Contract. Please have these initlaled as part off;he execution. Certificates of Insurance is being faxed to Para Webb today, original to be mailed same. Being that I have no original contract for my files, Mr. Wildner said he thought you could have a Certified Copy made of this original for me. Please call me if there are any questions. trddria. J~wrence Pmsflent CONTRACT THIS AGREEMENT, made and entered into this ~--J'~ day of ~. , A.D. 2000, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and LAWRENCE FENCE CORPORATION a Florida Corporation ~ Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) hereinafter called "CONTRACTOR". WITNrESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Ctwon~,, ission having canvassed said bids, had determined that tl~,.~d in the total amount of Sixty o mousand, five hundred and s~xty three dollars and 00/10 .l~tfibmitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. 'Pc~tT' ..~t'd ~ra'2cx::t.~nrc~,d i~-~ ~c~ '~..._.,~-~-'/ , ~ ~ ~ NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated June 27. 2000. which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: SUPPLY AND INSTALL ALUMINUM FENCE AT BOYNTON MEMORIAL PARK, 1611 S. SEACREST BLVD., BOYNTON BEACH, FLORIDA Bid Number: #073-2730-00/CJD City of Boynton Beach, Florida, all of which are incorporated herein by reference ar such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling $62,563.00 C-1 2.0 SCOPE OF SERVICES 2.1 2.2 2.3 2.4 2.5 2.6 CONTRACTOR further agrees to furnish all materials, supplies, mach/nes, equipment, tools, superintendents, labor, insurance, and.other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract conditions, supplemental general conditions and special conditions of the contract, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.7 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the parry contracting to do said (york. The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Engineer of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. To comply with the provisions of Section 255.05, Florida Statutes, if applicable. To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY~ The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. C-2 3.0 Payment of monthly or partial estimates may be withheld until this has been don~ to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8 The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application m City Commission for review and vote to formally accept the project. The fight of general supervision of the CITY as hereinafter provided under "authority of the engineer" shall: not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights und liabilities of an independent contractor. 2.10 After the cleaning up of the work, prerrfises, streets, alleys, manholes, catch basins, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefor. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.11 The CONTRACTOR will be held responsible [or the care, protection and condition of all work unt/] final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring fi:om any cause. COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 90 days following the commencement date as specified in same. C-3 4.0 5.0 3.2 Time is the essence of the contra,t, tn the event the CONTRACTOR shall fail/n the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the mount stipulated therefore in the special conditions or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any mount due, or that may become due the CONTRACTOR~ or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable, after signature of contract, notify City Engineer in writing of names of subcontractors proposed for principal parts of work, and for such Others as City Engineer may direct, and shall not employ an that architect may, within a reasonable time, object to as incompetent or as unfit. LIQUIDATED DAMAGES 4.1 The CONTRACTOR furtheidzagrees to pay $250.00. per day as liquidated damages, for failure to begi~fi.'thin ten (10) days of "Notice to Proceed" or failure to complete the work within 90 calendar days from the commencement date to be indicated in the written "Noti-~e to Proceed". ~' ~'C:~reo_ ~c." ~ c~J"mc~c~ ~ PROTECTION OF EXISTING I~ACILITIES 5.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard ruils and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tampmg, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a fmished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. C-4 6.0 5.2 The CONTRACTOR shall assume full responsibility and expense for protection of all public and phvate property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or wh/ch are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or pnvate property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. INDEMNIFICATION 6.1 The CONTRACTOR ~hall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and agmnst any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY~ its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has Incorporated in this original bid, which constitutes the contract sm payable by the CITY to the CONTRACTOR, specific additional consideration sufficient m support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enfomeable and said provision shall be in compliance with Florida Statute 725.06. 6.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Attachment "A" herein. However, the indemnification provision, and the insurance provision co'~tained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 6.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any Insurance proceeds available to either the CITY or the CONTRACTOR. C-5 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting fi:om the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, othenvise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subconn-actors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be :onsidered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained fi:om the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a pan of the Contract by a written Change Order. 8.3.5 Information regard/ng changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representanve with full explanations and justifications for his consideration in preparing a Change Order to the Contract. C-6 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quant/ties exceed fifteen (15) percent of the original bid quantity and the ~otal dollar change of that bid item is significant in the opinion of the Engineer, the unit pr/ce .shall be subject to review to determine ifa new unit price should be negotiated; or 8.4.2 If no such uult prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or 8.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, suplSlies, equipment and other services necessary to complete the work plus fifteen (15) pement to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3 Where it is indicated that the Cunrract is Federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4 In no case shall fi-inge benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. 9.0 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' gener~I overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, eqmpmem and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6 In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 8.4.3.7 For special.equipment and machinery such as power driven pumps, concrete m~xers, trucks, and tractors, or other eqmpment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rotes published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 8.5 Claim ofpaymem for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. PROJECT ENGINEER 9.1 The project engineer shall SERVICES DIRECTOR be JOttN WlLDNER, PARKS/I~ET~URE 9.2 The Engineer shall have general supervision and direction of the work. The Engineer is the agent of the CITY only m the extent provided in the contract documents and when in special instances he has the authority by CITY to act. and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. C-8 10 11 9.3 As the Engineer is, in the first instance, the interpreter of the conditions of the comract and the judge o fits performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. INSURANCE 10.2 The CONTRACTOR shall maintain during the term of th/s contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requiremem schedule attached as 3.ttachmem "A". 10.3 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nourenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 10.4 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with consu'uction equipment shall be equipped with mufflers, as required by the Code of the City of Boymon Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. NO pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. GUARANTEE AND WARRANTIlJ;S 11.2 All the work shall be guaranteed to remain~jn good condition for one year from dare C-9 12.0 TERMINATION OF CONTRACT 12.1 If the work m be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR. or any of his property; if at any time the Engineer shall certify in writing to the City. Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR .shall not, prier to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY'S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: 12.1.1 Complete the contract in accordance with its terms and conditions, or 12.1.2 Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. C- 10 13.0 CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth ia the subject contract shall supersede all other documents and shall be controlling. 14.0 TIMEOF ESSENCE 14.1 Inasmuch as the provisions hereof, and of the plans and specifications h~rein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement ia accordance with a predetermined program, all such time limits are of the essence of the contract. 15.0 REMEDY FOR DELAY 15.1 In the event of any delay in the project caused by any act or ommsion of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR ia association with any delay ia the project caused by an act or omission of the CITY, its agents or employees. 15.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.3 All requests for extension of time to complete the work shall be made in accordance with the General and Special Conditions. 15.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall nol be limited to the architect, project manager and consulting engineers. C-Il IN WITNESS WItEREOF, the CITY has caused these presents to be signed by ils Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and wimessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA / / Mayor Approved as to Form: City Attorney Signed. sealed and witnessed in the presence of: Contractor .- ! ~resldent oi' the Vi~e Pre~ia'ent At{e~t as 1o Contractor C- 12 State of Florida County of Palm Beach ) ) SS' Personally appeare~d before me duly authorized to administer oaths ~f'~ ~r~r ,~ /-~-'~--~.)f~f-)c-W-j to me known to be the persons.described herein and who executed the foregoing insu'ument and have acknowledged before me and they have executed same. Notary Public My Commission Expires: 11/15/96 nc ROBERT G. HALL C- 13 The City of City Commi:ssion OCTOBER 17, 2000 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Bruce Black Commissioner DistriCt II William A. Sherman Mayor Pro Tern District III Charlie Fisher Commissioner District V Kurt Bressner City Manager Visit our Web site www.cLboynton-beach.fl.us ,~l//~//E//! ~//~ LNI//~ for t~o /11111~////1#/// WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLi'C,PARTZC?PATZON AT CZTY OF BOYNTON BEACHCOMMTSSION MEE'rZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which ~etermines the order of business conducted at the meeting, The City Commission will not take action upon any matter, proposal, or item of business, which is not~ listed upon the official agenda, unless- a majority of the Commission has first consented to the presentationfor consideration and action. · Consent Agenda Items: These are items, which the Commission does not need to discuss individually and which are voted on a~. a group. · Regular Agenda Items: These. are items, which the Commission will discuss' individually in the order listed on the agenda. · VoiCe Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote wth "Ayes &. Na,/s" or by a roll call vote. SPEAKING AT COMM]:SSION MEe I x~lGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings, and as such, the Commission retains the right to limit discussion on an issue. Comment cards are tocatedon the table by the entry door to the Chambers. P ease comp ete a' Comment the Public Card" and 'give it to the City Cl~rk at the leit end of the dais before the "Openings" portion of th~ meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the .scope,of the jurisdiction of the Commission. Please use the yellow colored card for ~natters nQl; sted on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any Citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and property Seconded. Pleas~ use the green colo~d c~rd for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSZNG TH E COMMISS:~ON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of ever month, starting at 6:30 p.m, (Pleese~check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA October 17, 2000 OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rabbi Max Roth - Temple Beth Kodesh Pledge of Allegiance to the Flag led by Commissioner Bruce Black D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUTTHE APPROPRTATE REQUEST FORM · GIVE ;TTO THE~CZTY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections II. 6:30 P,M. 2. Adoption PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LZMTrED TO 3-MINUTE PRESENTATIONS IlL ADMINISTRATIVE: Appointment To Be Made III Sherman IV Fisher Mayor Broening I Weiland IV Fisher Accept resignaUon of Larry Finkelstein, Regular member' of the Planning & Development Board Appointments to be made: Length of Term Board Expiration Date Children & Youth Advisory Board Children & Youth Advisory Board Children & Youth Advisory Board Alt Stu/Reg/Voting Stu/Reg/NonVoting 1 yr term to 4/01 1 yr term to 4/01 1 yr term to 4/0~. Bldg. Board of Adjustment & Appeals Alt 1 yrtermto 4/01 Education Advisory Board Alt 1 yr term to 4101 Tabled (3) CI'TY OF BOYNTON BEACH AGENDA REGULAR CI'TY COMMZSSTON MEETTNG OCTOBER 17, 2000 III Sherman IV Fisher Mayor Broening IV Fisher Nuisance Abatement Board Nuisance Abatement Board Reg 2 yr term to 4/02 Alt Iyr term to 4/0L Planning & Development Board Recreat:Jon & Parks Board Reg 2 yr term to 4/02 Alt 1 yr term to 4/01 Tabled (3) ANNOUNCEMENTS & PRESENTAT/ONS: A. Announcements: First City Commission Meeting in November will ;e held on Wednesday, November 8, 2000 at 6:30 p.m. in Commission Chambers (Due to Election Day on Tuesday, November 7, 2000) Palm Beach County's annual "Paint Your Heart Out 2000* - Saturday, October 21, 2000 at 8:00 a.m. in coniunction with "National Make a Difference Day" B. Presentations: 1. Proclamations: None PreSentation of $10,000 donation from the Optimist Club to be used for the construction of a pavilion at Ezell Hester Community Park Orientation PowerPoint Presentation - Recreation Department - Virginia Shea V. 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 September 28, 2000 Regular City Commission Meeting of October 4, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget 2 CITY OF BOYNTON BEACH AGENDA REGULAR CITY COMMISSION MEEI'~NG OCTOBER 17, 2000 AwaPd the bid for "ANNUAL CONTRACT FOR AUTOMOTLVE PARTS/SUPPITES", BID #095-1412-00/C3D, to various vendors as per staff's recommendation with an estimated annual expenditure of $175,000 Approve the purchase of a VOLVO WE64, MODEL 2000, ROLL-OFF REFUSE COLEEL~ION, VEHICLE using BID #013-2516-00/5P ~o Volvo Trucks of Palm Beach in the amount of $76,410 Approve the purchase of five (5) utility bodies in the amount of $17,725 from Rayside Truck 8~ Trailer, BID #039-2516-00/KR Award the bid for "ANNUAL CONTRACT FOR DRY CLEANING OF POLICE UNIFORMS" BID #098-2111-00/C3D to Green Tree Dry Cleaners of Boynton Beach, Florida for an annual expenditure of $16,000 Approve the use of Metro Services Consultants Incorporated for an independent fire hydrant audit based on the same pricing schedule as offered to the City of Austin, Texas [Contract #S990219) with estimated expenditures of $66,000 Approve the PURCHASE OF VARIOUS VEHICLES/NEW AND REPLACEMENT utilizing State Contracts #070-001-99-1 and #070-700- 00-1 as awarded by the State to multiple vendors in the amount of $510,967 Approve the "piggyback" of Palm Beach County Bid #99052 to Vila and Son Landscaping Corporation for replacement of palm trees on Woolbright Road medians at a cost of $13,815 Resolutions: Proposed Resolution No. R00-139 Re: Approving a tri-party agreement between the City of Boynton Beach, Boynton Cultural Centre~ Inc. and Palm E~each County Parks and Recreation Department to receive $50,000 from the District 3 Recreation Assistance Program for the purchase and construction of an indoor interactive ecosystem exhibit at the 1913 Schoolhouse Huseum Proposed Resolution No, RO0-140 Re: Approving the reduction in surety for the water and sewer portions of the project known as Cedar Ridge PUD from $97,723 to $9,772.40 Proposed Resolution No. ROO-141 Re: Approving the Software Maintenance Agreement between Queues Enforth Development (Q.E.D.) and the City of Boynton Beach CITY OF BOYNTON BEACH AGENDA REGULAR CITY COMMTSSION MEETZNG OCTOBER 17, 2000 Proposed Resolution No. R00-142 Re: Approving a contract with Wallace Roberts & Todd, LLC (WRT) to provide rvlaster Planning Design ancl Engineering Services for the development of Tntracoastal Park Proposed Resolution No. R00-143 Re: Approving ti~e renewal contract with Children,s Services Council (CSC) for the 2000-2001 fiscal year Latchkey Afterschool Program Proposed ResoluUon No~ R00-144 Re: Authorizing the execution of a proposed project agreement with the Florida Inland Navigation District for Beat Cub Park Navigation Channel D~dging Proposed Resolution No, R00-145 Re: Authorizing the executon of an agreement between the City of Boynton Beach and The U.S. Department Of-]uStice Office to accept a grant in the amount of $144,094 Proposed Resolution No. R00-146 Re: Approving Agreement for Water Service Outside of the City Limits with Ann Throgmorton and Siaggage Group, Inc., and Agreement with Frank von Ranler to service a f~j~Ure Albertsonls Plaza located at the southwest quadrant of Hypoluxo ROad and.Military Trail Proposed Resolution No. R00-147 Re: Authorizing an addendum to the contract between the City of Boynton Beach and Medical Office Concepts, Inc. (f.k.a. Medical Infusion Center, Inc.) Ratification of Planning & Development Board Action: Quantum Lot 508 (Gale Industries) - Lot 50B Quantum Park PID - Req,uest for new site plan approval to construct a 14,810 square foot commercial/industrial warehouse located on 4.25 acres (7',4BZ~'D OAf Case Variance (front setback) - Gary C. & Pamela ,1. Case (811 Ocean Inlet Drive) - Relief from Chapter 2, Zoning, Section 5.C.2.a. requiring a minimum front setback of 25' to allow a 5' front variance or a 20' front setback to construct an enhanced front entry. Case Variance (rear setback) - Gary C. & Pamela .~. Case (811 Ocean Inlet Drive) - Relief from Chapter 2, Zoning, Section 5.C.2.a. requinng a minimum rear setback of 25' to allow a 9' rear vaK~ance or a 16' rear setback te construct a covered porcht CZT¥ OF BOYNTON BEACH AGENDA REGULAR CZTY COMMZSSt'ON ME;: I.t~lG OCTOBER ].7,. 2000 Ho Arlene Henry Variance {rear setback) - Arlene Henry (144 SE 31~ Avenue) - Relief from Chapter 2, Zoning~ Section 5.C.2.a. requiring a minimum rear setback, of 25' to allow an 11.9' variance resulting '~n a 13.10' rear setback to allow a rear addition on property zoned R-I-AA Dentil Realty Variance (Crestview) (rear setback) - Dan Hess/Dondi Realty Group Inc. - 2211 SE 3r~ Street (Lot 30, Crestview Subdivision) - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, zoning, Section 5.F,2.a. :to allow a two and one- half I2 5) foot~ reductien~ from the minimum twenty-five foot rear setback required within R-3 zoning clistr ct for a duplex residence Approve funding for Housing ~ehab.ilitati(~n Case #2-987027, .lohn and Louise Garvin, res dng at 918 NW :~ 'street, n he,amoUnt of $24,376 ($:[0,000 SHIP grant funding and $14,:~76 C~ty of Boynton'Beach Home, Improvement funding) Approve the purchase of one Tore Greensmaster 3100 2WD Greens Mower with 11 blade Cutting Unit and Roller Kit utilizing GSA Contract: #GS-07F-8722D at an estimated cost of $14,559~92 Approve the purchase of four .lohn Deere 220A walking greens mowers with trailers at a total cost of $21,848 utilizing Orange County Public Schools landscape equipment bid Approve the refund of Capital Facilities Charges in the amount of $15,848.07 to the Edward .1. DeBartolo Corporation Confirm the appointment of Wilfred Hawkins as Assistant City Manager-Services for the City of Boynton Beach Confirm the reappointment of Dale S. Sugerman as Assistant City Manager- Utilities/CliP for the City of Boynton Beach Resolution terminating existing ingress and egress easement from .l&.] Ventures of Florida (~ROPO$£D R£$OZOI~ON NO. R00-.~48) Authorizing execution of the contract for Lawrence Fence Corporation for installation of aluminum fence at Boynton Memorial Park CZTY MANAGER'S REPORT: A. Update on Capital Projects (Verbal) 5 C]TY OF BOYNTON BEACH AGENDA REGULAR CITY COMMISSXON MEETING OCTOBER ;17, 2000 VI1'. PUBLI'C HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERM:ZTS A. Project: Quantum Park Business Center Lots 32-38 Agent: Eugene A. Gedica, Mock, Roos & Assodates, Inc. Owner: Gateway Business Park L.C. Location: North of the intersection of Gateway Boulevard and Quantum Boulevard, Lots 32-38 in the Quantum Park Description: Request-for utility easement abandonment bebNeen Lots 32-33 in the Quantum Park PID B. Project: The Grand (a.k.a. OZONE) Agent: Harvey H. M~:Clinteck Owner: Cai Brockdoff Location: Gulf Stream Nail, 2637 S. Federal Highway Description: Request ~r conditional use approval for a bar/cocktail ounge~e~al~ the Gulf Stream Mall within 600' from a residential zoning district VZZZ. FUTU RE AGENDA ITEMS: A. Review policy for cemetery late arrival fee and space requirements pending review by Cemetery Board and funeral business (November 21, 2000) B. Presentation by State Representative Addle Green (November 8, 2000) C. Discussion regarding reduction of Code Compliance fines (November 8, 2000) D. Future Annexation Areas (November 21, 2000) E. RepoKc on CRA Appointment Process (December 5, 2000) F. Proposed Policy for Community Activity Grants G. "Name Pond B" Contest H. Review of Cemetery Operations DEVELOPMENT PLANS: None Nb'qN BUSZNESS: A. City Manager's Six-month Appraisal 6 CI'TY OF BOYNTON BEACH AGENDA REGULAR CITY COMMTSSTON MEEI'ZNG OCTOBER 17, 2000 LEGAL: A. Ordinances - 2nd Reading - PUBIC HEARING Proposed Ordinance No. 000-49 Re: Creating a definition for wall murals, and establishing a process and guidelines by which to review future wall murals ('/'A~Z~'D DAI.~O/4/~IO.)- Request ]~tem be tabled to November 2~., 2000 Proposed OrdinanCe No, O00-52 Re: Amending Chapter 2 Of the' Land DeveloPment Regulations, Section 7, Planned Industrial Development Districts. 'to allow mixed use pods of commerdai, retail, multi-fam ly r~si~ential and Office/professional use in Planned Industrial Development Districts, providing for design guidelnes, providing submission requirements, providing procedures for review Propo~ Ordinance NOi 000-54 ,, Re: Amending Chapter 26 enti~ ed water~ 'Se. we~ and City utilities, amending Section 26-8.1 to provide for commenCement date for utility s.e. rvices b~illing cycle, and to provide a definition df base facility charge; amending Section 26-9, Schedule 1~! CB)to pr~de billing formula for multi-family buildings in which several dwe ir)~g units are serviced by one meter; by amending Section 26-406to provide bifling formula fo~ the "Fee in-lieu of" capital c0ntributi:on for pr0P~es.]redeVetoping within the downtown stormwater improvement watershed- 4. Proposed Ordinancei No. 000-55 Re: Amending Development Regulations to include nightclubs Land Proposed Ordinance No. 000-56 Re: Approving the abandonment o1~ a portion of East Railroad Avenue between SE 10~ Avenue and SE 8~ Avenue Proposed Ordinance No. 000-58 Re: Amending Chapter 2, Section 1t.L to allow automobile fueling facilities as ancillary uses in Planned Commercial Developments of ten (~0) acres or more, and approved as conditional uses under separate development standards and Iocational criteda B. Ordinances - 1~ Reading Proposed Ordinance No. 000-59 Boundaries Re: Expansion of CRA CTrY OF BOYNTON BEACH AGENDA REGULAR c'TrY COMMZSSZON MEETLNG OCTOBER 17, 2000 Proposed Ordinance No. 000-60 Re: Amending the codified Char~er, Part [, Article II, by creating a new Section 25. entitled '~Code of Ethics", providing for a set procedure for attendance at Commission meetings Proposed Ordinance No. 000-61 Re: Amending the ,c, odi§ed Charter, Part I, ,,Article II, by creating a new Section 24, entitled Attendance at Meetings, providing ~or a set procedure for attendance at Commission meetings Resolutions: 1. Proposed Resolution No; R00-149 Re: Approving the 2000-2001 City Objectives 2. Proposed Resolution No, R00-150 Re: Approving the 2_000-2002 Capital Improvement Priorities Other: Ratification of Code Compliance Board action: a= Reduce the fine in Case #96-5573 (2131 NW 1~ Street) from $21,825 plus $730.15 in administrative Costs, to $2,000 plus administrative costs. Reduce the fine in Case #98-2064 (3255 E. Palm Drive) from $35,600 plus $634.12 in administrative costs, to $2,500 in addition to the administrative costs. Reduce the fine in Case #97-4210 (531 NW 8m Avenue) from $22,575 plus $634.12 in administrative costs, to the administrative costs. Approve negotiated settlement with plaintiff-in Case #CL 99-3562-AF- Brown in the amount of $37,500 XZZ. UNFZNZSHED BUSZNESS: OTHER: CZTY OF BOYNTON BEACH AGENDA REGULAR CZTY COMMZSSZON MEETZNG OCTOBER 17, 2000 XZV. AD3OURNMENT: NOT[CE IF A pEp. SON:DECIDES TO APPEAL ANY DECISION MADE BY 'THE CITY COMMISSION WITH RESPECT TO ANY MAURER CONSIDERED AT THIS (F.S. 286.0105) ~QONTACr. 3oYCE COSTELLO, (56[] 742-6013 AT LEAST TWENTY-FOUR HOURS pRIOR TO THE PROGRAM OR ~ TO REASONABLY ACCOMMODATE YOUR REQUEST, JMP FINAL AG EN DA - 1011312000 12:54 PM \\CH\MAiN\S HRDATA\CC\WP\CC~GENDA%AGENOAS\101700'DOC CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA October 17, 2000 6:30 P,M, I. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rabbi Max Roth - Temple Beth Kodesh Pledge of Allegiance to the Flag led by Commissioner Bruce Black D. IF YOU WISH TO ADDRESS THE COMMI'$S!ON: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE 11' TOTHE CTFY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN ~ INDZVIDUALS MAY ~ E. Agenda Approval: 1. Additions, Deletions, ( 2. Adoptig~ ~ II. PI C A~EII~CE~ III. A~ iISTRATZVE, A. Acce L~y~2Rfike~tein, Regular member of the Devel Planning & e: App~intn~nt] / ~ Length of Term To ge Mat:le~z, / Board Expiration Dat~ III l .;.,.~am Children & Youth Advisory Board Alt 1 yr term to 4/01 IV k-," Fisher Children & Youth Advisory Board Stu/Reg/Voting 1 yr term to 4/01 Children & Youth Advisory Board Stu/Reg/NonVoting i yr term to 4/0! Hayor Broening I Weiland Bldg. Board of Adjustment & Appeals Alt 1 yrtermto 4/01 IV Fisher Education Advisory Board Alt 1 yr term to 4/01 Tabled (3) CTTY OF BOYNTON BEACH AGENDA REGULAR CZTY COHMTSSZON MEET'~NG OCTOBER 17, 2000 III Sherman Nuisance Abatement Board Reg 2 yr Term to 4/02 IV Fisher Nuisance Abatement Board Alt 1 yr term to 4/01 Mayor Broening Planning & Development Board Reg 2 yr term to 4/02 IV Fisher Recreation & Parks Board Alt 1 yr term to 4/0! ANNOUNCEMENTS & PRESENTATZONS: Tabled {3) A, Announcements: First City Commission Meeting in November 8, 2000 at 6:30 p.m. ir Election Day on Tuesday, 2. Palm Beach Di' None (Due to Heart Out 2,,0,00" - ~ unction with Na' a the Optimist Club to be used for 2ommunity Park Presentation - Recreation Department - Virginia ~la~emffn this section of the Agenda are proposed and recommended by the City Manager for "L~6~sent Agenda" approval of the action indicated i, 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 September 28, 2000 Regular City Commission Meeting of October 4-, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget CTI'Y OF BOYNTON BEACH AGENDA REGULAR CZT'Y COMMZSSZON MEETZNG OCTOBER 17, 2000 Award the bid for "ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPI_~ES", BID #095-1412-00/C3D, to various vendors as per staff's recommendation with an estimated annual expenditure of $175,000 Approve the purchase of a VOLVO WE64, MODEL 2000, ROLL-OFF REFUSE COLLECTION VEHICLE using BID #013-2516-00/SP to Volvo Trucks of Palm Beach in the amount of $76,410 Approve the purchase of five (5) utility bodies in the from Rayside Truck & Trailer, Award the bid UNIFORMS" BID Boynton Beach ~f $16,000 Cleaners of Consultants based- on the , Texas as 000 the REPLACEMENT utilizing 00-1 as awarded by t VEH]~CLES/NEW AND and #076-700- in the amount of Beach County Bid #99052 to Vila and for replacement of palm trees on :o51: of $13,815 Proposed Resolution No. R00- Re: Approving a tri-party agreement between the City of Boynton Beach, Boynton Cultural Centre, Inc. and Palm Beach County Parks and Recreation Department to receive $50,000 from the District 3 Recreation Assistance Program for the purchase and construction of an indoor interactive ecosystem exhibit at the 1913 Schoolhouse Museum Proposed Resolution No. R00- Re: Approving the reduction in surety for the water and sewer portions of the project known as Cedar Ridge PUD from $97,723 to $9,772.40 Proposed Resolution No. R00- Re: Approving the Software Maintenance Agreement between Queues Enforth Development (Q.E.D.) and the City of Boynton Beach CZTY OF BOYNTON BEACH AGENDA REGULAR cTrY COMMTSSZON MEE'I'ZNG OCTOBER ~.7, 2000 Proposed Resolution No. R00- Re: Approving a contract with Wallace Roberts & Todd, LLC (WRT) to provide Master Planning Design and Engineering Services for the development of Intracoastat Park Proposed Resolution No. RO0- Re: Approving the renewal contract with Ch dren's Services Council (CSC) for the 2000-2001 fiscal year Latchkey Alterschool Program Proposed Resolution No. R00- Re: Proposed Resolution No. F execution of an. ~ U.S. $144/ grant in the the ~o. R00- ~ the City [.i Road and service a quadrant of Hypoluxo Re: Authorizing a~ the City of Boynton Beach and CA (f.k.a. Medical Infusion Center, Inc.) DevelOPment Board Act on Lot 50B (Gale Industries) - Lot 50B Quantum Park P[D - Request for new site Plan approval to construct a 14,810 square foot commercial/induStrial ~varehouse located on 4.25 acres ('r~/~'/.~D Case Variance (front setback) - Gary C. & Pamela 3. Case C811 Ocean Inlet Drive) - Relief from Chapter 2, Zoning, Section 5.C.2.a. requiring a minimum front setback of 25' to allow a 5' front variance or a 20' front setback to construct an enhanced front entry. Case Vadance (rear 'setback)- Gary C. & Pamela .1. Case (811 Ocean Inlet Drive) - Relief from Chapter 2, Zoning, Section 5.C.2.a. requiring a minimum rear setback of 25' to allow a 9' rear variance or a 16' rear setback to construct a covered porch. CZTY OF BOYNTON BEACH AGENDA REGULAR CZI'Y COMt4ISSZON MEE'rZNG OCTOBER 17, 2000 Arlene Henry Variance (rear setback} - Arlene Henry (144 SE 31~ Avenue) - Relief from Chapter 2, Zoning, Section 5.C.2.a. requiring a minimum rear setback of 25' to allow an 11.9' variance resulting in a 13.10' rear setback to allow a rear addition on property zoned R-l-AA Dondi Realty Variance (Crestview) (rear setback) - Dan Hess/Dondi Realty Group Thc. - 2211 SE 3"a Street (Lot 30, Crestview Subdivision) - Request relief from the City of Boynton Beach Regulations, Chapter; half reql Approve funding for Housing Garvin, residin grant funding 000 SHIP 11 blade all mowers with Couaty Public ;Schools the Edw~ .' amount of $15,848.07 to tawkins as Assistant City Manager-Services of Dale S. Sugerman as Assistant City Manager- Boynton Beach ~4ANAGER'S REPORT: A. Update on Capital Projects (Verbal) VZZ. PUBLXC'HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERI~tZTS Project: Agent: Owner: Location: Description: Quantum Park Business Center Lots 32-38 Eugene A. Gedica, Mock, Roos & Associates, Inc. Gateway Business Park L.C. North of the intersection of Gateway Boulevard and Quantum Boulevard, Lots 32-38 in the Quantum Park PID Request for utility easement abandonment between Lots 32-33 in the Quantum Park PID CIT~ OF BOYNTON BEACH AGENDA REGULAR CITY COMMISSZON MEETING OCTOBER 17, 2000 Project: Agent: Owner: Location: Description: The Granc~ (a.k.a. OZONE) Harvey H. McClintock Cai Brockdoff Gulf Stream Mai, 2637 S. Federal Highway Request for conditional use approval for a bar/cocktail lounge at the Gulf Stream Mall within 600' from a residential zoning district VIII, FUTURE AGENDA ITEMS: Review policy for cemetery late arrival fee review by Cemetery Board and fur B. Presentation by State 8, C. Discussion ~b~L D. 21, 2000) (December Proposed Policy for Community IX, DEVELOPMEt~T A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O00-49 Re: Creating a definition for wall murals, and establishing a ;rocess and guidelines by which to review future wall murals (I'ABZ~O ON~'O/4/OO)- Request Item be tabled to November 2~., 2000 Proposed Ordinance No. 000-52 Re: Amending Chapter 2 of the Land Development Regulations, Section 7, _Planned Industrial Develooment Districl~. to allow mixed use pods of commercial, retail; multi-family residential anO office/professional use in Planned Industrial CITY OF BOYNTON BEACH AGENDA REGULAR C1TY COMM~'SSION MEETZNG OCTOBER 17, 2000 e Development Districts, providing for design guidelines, providing submission requirements, providing procedures for review Proposed Ordinance No. O00-54 Re: Amending Chapter 26 entitled "Water, Sewer and City Utilities", amending Section 26-8.:1 to provide for commencement date for utility services billing cycle, and to provide a definition of base facility charge; amending Section 26-9, Schedule II (B) to provide bJlling formula uildings in which several dwelling units am serviced b/ amending Section 2§-406 to provde billing formula for the ' contribution for~ p~opettieS redeveloping v improvement w~ter~hed Proposed Ordinance No. ( Land Re: Ordinance No. 000-58 11.L to allow approved as ( as ancillary uses in acres or more, and pment standards and :)00- Re: Expansion of CRA Boundaries 2. D. Other: 1. Proposed Resolution No. R00- 2001 City Objectives Re: Approving the 2000- Proposed Resolution No. R00- 2002 Capital Improvement Priorities Re: Approving the 2000- Ratification of Code Compliance Board action: Reduce the fine in Case #96.5573 (2131 NWim Street) from $21,825 plus $730.15 in administrative costs, to $2,000 plus administrative costs. CI'TY OF BOYNTON BEACH AGENDA REGULAR CTTY COMHZSSION IqEET/NG OCTOBER 17, 2000 Reduce the fine in Case #98-2064 (3255 E. Palm Drive) from $35,600 plus $634. I2 in administrative costs, to $2,500 in addition to the administrative costs. c. Reduce the fine in Case #97-4210 (531 NW 8~ Avenue) from $22,575 plus ~634.12 in administrative costs, to the administrative costs. 2. Approve negotiated settlement with pleintiff in Case ~CL 19-356~F- XZZ. UN~NZSHEDBUSZNESS. / A X ~ ~. ~HER= ~ ~~ JMP FINAL DRAFT - 10/10/2000 4:27 PM \\C H\MAJN'~$ H RDATA\CC\WP\CCAGEN OA~AG EN DA$\ 101700. DOC 8 CZTY COMMISSION MEETING ACTION ITEMS October 4, 2000 Description Additional work 6r~ [h-b~G~e~v~/B'l~-dTr~iSi:6{i~i~'e~'P~oj~'- ~]~)h~'~Ul~ti~ ~ keep Commission informed regarding who is going to be held responsible in financial matters, Workshop to be scheduled to discuss non-conforming signs WOrk~;liop to be scheduled to impleme6t Strategies after review of p~PoSed traffic calming device procedure Public Audience agenda section to be moved to beginning of meeting Discussion of comment cards) Resolution No. R00-~38 - Lineto be moved to north boundary instead of C-~L6 Canal Action Taken A-meet~ir{§ has been set with the consultant for Wednesday, Oct 18th @ 3:30 p.m. Workshop set for November 2na @ 6:00 p.m. in Lib[a~ Workshop set for November 16t~ @ 6:00 p.m. in Library Section has been moved to Roman Numeral T! Legal made correction to resolution III-ADMINISTRATIVE; ITEM A LARRY FINKELSTEIN 4295 St. Andrews Dr. Boynton Beach, Florida 33436 Phone (561) 736-9790 * email- lfgi~aol, com September 25, 2000 City of Boynton Beach Mayor & Commissioners Chairman and Members oftha Plarming & Development Board Direetot and staff of the Planning and Zoning Department City Clerk This letter shall serve as my Letter of Resignation f~om the City of Boymon Beach Planning.Sc Development Board due to my upcoming move out oftbe corporate limits of the City of Boynton Beach. tt is my opinion that the Planning & Developmem Board serves an important role in this City andI have ~enjoyed the opportunity to work with all of you and to have served the City in this capacity. Very truly y~ Larry Finkeistein Requested City Commiesten Meeting IV'ANNOUNCEMENTS & PRESENTATZONS ITEH A.2 CITY OF BOYNTON BEAC, AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p,m.) July 19, 2000 (5;00 p.m.) August 2, 2000 (5:00 p.m.) August 16, 2000 (5:00 p.m.) Requested City Commission Meetina Dates [] September 19, 2000 [] October 4. 2000 [] October17. 2000 [] NovemberS, 2000 Date Final Form Mus[ De Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20. 2000 (5:00 p.m.) October 5~ 2000 (5:00 P,m3 October 18, 2000 {~5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] E~ids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: The Division of Community Redevelopment recommends the announcing of Palm Beach County's annual "PAINT YOUR HEART OUT 2000" on Saturday, October 21st, beginning at 8:00 a.m. EXPLANATION: In conjunction with "NATIONAL MAKE A DIFFERENCE DAY", every year the above referenced non-profit organization gathers municipal and corporate sponsors to help paint the homes of elderly and/or disabled residents throughout the county. This division is a part of the executive committee and assists in the securing and selection of houses to paint. This year we were able to have nine (9) houses in the City of Boynton Beach selected, three (3) of which are to be painted by City teams of volunteers. PROGRAM IMPACT: interested persons may sign up as a volunteer (they must sign a waiver) with this division no later than Thursday, October 19'n. Volunteers must be 16 years of age or older - parental permission needed for those under age 18. All volunteers will receive a free T-shirt and be able to attend the "after cleanup" party at Currie Park in West Palm Beach. FISCAL IMPACT: Nine (9) houses will be freshly painted at minimal cost te the homeowners or the City. ALTERNATIVES: None. Department of Development Division of Community Redevelopment Department Name City Attorney / Finance l Human Resources CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FO IV'ANNOUNCEMENTS & PRESENTATZONS ~tem B.2, Requested City Coramission Meeting Datg_s [] July 18.2000 [] August 1,2000 [] August 15, 2000 [] September 6, 2000 NATURE OF AGENDA ITEM Date Final Form Must be Turned i~n to City Clerk's Offig~ July 6, 2000 (5:00 p.m.) Requested Ci~g Commission Meeting Dates [] September 1 ~, 2000 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 $. 2000 [] Adrainistrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned in to City Clerk's September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00 p.nx) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Mayor accept, on behalf of the City, a $10,000 donation fi:om the Optimist Club to be used for construction ora Pavilion at Ezell Hester Community Park. EXPLANATION: The Optim{st Club is a local organization who focuses their efforts to benefit youth in our commtmity. They have raised $10,000 and wish to donate it to a local recreational project. The Leisure Services Department is planning to construct a pavilion at Ezell Hester Commumty Park that will receive extensive use by the PAL football program and the hundreds of children and adults who use the park daily. The Optimist Club has decided to donate $10,000 towards the construction of the pavilion. PROGRAM IMPACT: Staff is currently gathering information to the initiate formal bid process. Tentative plans call for a 40' x 40' structure that will be placed on the east side of the football field. The pavilion will provide much needed shelter in this part of the park and give spectators a comfortable area to enjoy concessions. It will benefit the Black Awareness Events that are organ/zed in the park by providing an additional programming area. It will provide much needed shade for the hundreds of participants who use the park each day. FISCAL IMPACT: Cost estimates for a 40' x 40' pavilion range between $20,000 - $25,000. $9,000 is budgeted in Recreation account g~001-2710-572.63-21 with the balance to come from the Recreation Revenue Fund #172-2712-572.63-21 (necessary' funds to be transferred fi:om the "Reserve for Future Appropriations" account). The City will save $10,000 by accepting this donation. ALTERNATIVES: N/A ~iisure Services/Recreation Department Name City Manager s S~gaamre City Attorney / Finance / Human Resources S :~B ULLET1N~ORMS~AGENDA ITEM REQUEST FORM~DOC ~V-ANNOUNCEPflENTS & PRESENTATIONS Item B.3. IKruse, Sue From: Majors, Wally Sent: Thursday, October 05 2000 2:04 PM To: Kruse Sue I Subject: Powerpoint presentation Hi Sue. Recreation division will do their presentation aI the next commission meeting (Oct. 17). For the agenda, would you please note that Virginia Shea will be doing our presentation. Thanks. W~lly V'CONSENT AGENDA MZNUTES OF THE AGENDA PREVTEw CONFERENCE I'TEM A-1 HELD!N CONFERENCE ROOM "B"~ CZTY HALL, BOYNTON BEACH, ~ ON THURSDAY, SEPTEMBER 28, 2000 AT S:00 P.M.-_ PRESENT Gerald Broening, Mayor R0nald Weiland, V[c~ Mayor B~uce BiaS:k, Cd~mJsSi0n~r ' Charlie Fisher, Commissioner Kurt Bressne[~ City Manager .lames Chert, City Attorney' Sue. Kruse, City Clerk CALL TO ORDER_ City' Manager Bressner ca led the meeting! to o~der at 5:00 p.m. and began the tl~:~ b~ob~r,~thi'~i~;,Com~i~sibn meetihg. · City Manager Bressner requested that a Proclamation for Fire Prevention Week 2099 b~ adde~ ~o the · ,:; agenda. ~or a ~ohn Wi!dner, P,a~,Director, r, eponted that the City worked hard to nc~ease the one conttacto¢~[ll,handle the OS #J bid. That'was done for accountability purposes· V-A. Report on No,-conformi,g Signs Mr Bressner advsed that staff' · . s recommendation IS to make some modifiraHnn~ be qeces~a~ry to !discus~ .bow to 'hand e t~3e exist!ng non-confor~n~t~i;;~"~'~Zh'~., recommendatioi~s~irelativ~ to acceptihg them bnder a g~andfathe~ clause or signs. exist ng 30 and 34 non-conforming signs, Commissioner Fisher' pointed out that the business community has q suggested conducting a workshop meeting to accept input. Mr. Bressner recomn suggestion during the meeting V-B. Mr. ~ was provided. ' to discuss: Move forward with a workshop; Continue exper mentat on at another location in the community under ~riteria as the ~996 experiment; or Conduct a workshop and continue experimentation. MEE'rZNG MZNUTES AGENDA PREVZEW CONFERENCE BOYNTON .B~CH; FLORIDA SEPTEMBER 28, 2000 V-D, Report on CRA Appointment Process Q?ntu§ Greene~ D~¥elopm~nt Director, put together a process for CRA appoint~ents~ O~e:~of the altevflatives Wa~! tO ~ge th~ ex st ng poo of cand dates and the Corem ss ~r~ mb~y ~t ;~0 ~p~ ~he pro~sto addJ~nal'~ndidates. ' ' ' -~ VII-B. Fu~re Ann~ation Areas (O~ober Z7, 2000) anager Bre~.~ re~ed that the Pa m Beach Nun c pal L~gue has propped tha~ the(~ ~e~a~oipt ~o~m~e6'~a~e up of municipal and counW r~p~sen~a~ves.~ That may have an i~sp~cific' [as~ week,,the Coun~ had an ~nexati0n ~r~hop a ~ the ~ague, of ' o~a~g~i~n, ~ ~0~n~ ~o~mission ~eK tbe:~ ~gue Unde~d wall · ,: ' for a i ~-s e 'ftc area re~.ewed bY a design The C' s a ro.. in this regard wog/~,be l;q ~Y P~ ~ ~ ~h.:n~fi A~oe ~ines~s and other pa~s~ ~ O~fl~pce m g~t con.in a suns~?~l~'~ ord~ ~ allow for atrial peqgd ..... ,, A~orney Chero~:~ady~. t~ the proposed ~rdinan~e w~s "19o~e" and could resul~ in murals with que~lonable ~ ~..~: 2 of ~;~e' ~and Mr. Bressner reposed that staff has recommendL~d keeping thi~ item~on ~,tab,!e,beCause they are not ...... ~': ~ ~ r~:' ~'~ The dege o~i~f d0~§ h~:O~cur Wi{t~ t~ ~or~in~ d~ that Was comTo~aDle going .~o~ru; ~k ~n~ umw:. ~ : ,.. ~ , ,~ prepar~ by s~:~ A~th~[~a ~emati~ tg :~]~-~9;~ ~ ~o ~d the Ci~ ~.~din~e on flint reading and then take ~'~ ~]'ne"~':~e~::t~ :~.._ ~d~ ~ ~g,~ae.~ ~e{O~ .K~S p~n~' ;~n. ~Ond reading, A~orney chem~ c~firm~that ~e O~d'nance co~ d be ~a~l~d On Second ~ ng ff ne~s~ MEETING MZNUTES AGENDA PREVZEW CONFERENCE BOYNTON BEACH~ FLORIDA SEPTEMBER 28, 2000 Mayor Broening recommended using the City's draft to get through first reading. That would eliminate the additional two-week delay. Attorney Cheref was agreeable with this recommendation with the understanding that there would be significant amendments to the document between first and second reading. Mr. Greene advised that the Ob/ would be fundamentally changing the way we review development projects. There area let of implications ass0dated withthis. Staff has been taking a great deal of time looking at those implications. Mr. Bressner advised that the draft document would-be nrov deal to read ng at.~heOct0ber 6 mebtJng. O00- Re: C~apter 26 entitled ide for provide a Schedule II (B) t~ b rr 26-406 to provide mp£o~ementwatetshed resMr' Bressnerto therep°rteds~ .... ce thatr this~.. Ord ,~nance, covers a number of . tams that req u red danficabon' ' Wthi pect a .ea~.'./'o~.~ond~ .Bf',.Hr Bressner sa~d th~s ts not a charge that is assessed a anst the businesses in a~ditien !to title EP~U~. ~ s fee would cover bUsinesses ~k=, =,,~.~ ~.~ ....... ~. __ ond 0 n eu oYprovdng on-ste detention. Dale Sugerman, Assis~ant~'~ tyi~ageg~r, ;sad ~e first component part of this Ordinance is the clean up of the existing UtilityOrdinance th~bdetermines Whe~'service is initially billed. No. R00- Re: Authorizing Zoning in Progress This Resolution would begin Zoning in Progress for the Federal Highway corridor. It covers the area from the south corporate limits to the C-[6 Cana The western boundary would be the railroad right-of-way and the eastern boundary wo(~ld be ~¢cracoastal Waterway. A question was raised with respect to the reason for not extending this area to the northern boundary of the City. Mr. Greene said staff looked at~tbe areas where the most critical issues exist. When the Commissioners suggested changing the Resolution to include the area from the northern to the southern boundaries of the City, Attorney Cherof advised that the Commission has the authority to issue the Notice of ~ntent. Therefore, the Co~mission has the authority to change anything in the Notice of Intent. Once the Resolution is adopted, staff will begin its study period and report back to the Commission. ](III. OTHER: · Commissioner Fisher suggested adding an item regarding "Naming of Pond "B". Mr. Bressner said this item wouJd be added under "Future Agenda Items". 3 MEETING MTNUTES AGENDA PREVIEW CONFERENCE BOYNTON BEACH, FLORIDA SEPTEMBER 28~ 2000 V ce Mayor,We and suggested set'ting up a contest fo~ children to select the name. · , Vice Mayor Weilandsaid ,he w,oud hke an'~tem added to ,the agenda Etled, ~.Revampmg:-of-~he ~_~r~ ~y~;". He would like to discuss ways to change 'this system. Mr. Bressner sa~d th~s item would be added under "City Manager's Report". Mayor Pro Tem,~Sherman was ~et. He apology in issue of He suggested Vice Mayor e will not be the item be added, ~ ~,-~-~n~f V~e;~laV°r W~iland's suq~esfion was the: be~e~w~y: ra~er~n,,wa~mg untd the s~ o~ m~ff~J :~al~im~m~t~ hg, omo ~' a~ndars~U~--be~o~lY ~[ genu~ne~er~n~es Comm ~ oner F sh~ rem nded the Comm ~ oners thag the Cha~er ¢oa~!as !angu~e with resp~ to mpmper de~mm~ ~ih~e poli~ies are ,in place and cou~ be:~used.¢[,~ n~:a[tses~ ~ere being no fu~her busino~ to come before the Commission, th~me~g proper y '~iourn~ at 6:03 ~ OF BOYNTON B~CH Mayer ViceMayor A I I ~-sm= MayOr Pro Tern City Clerk uty City Clerk (Two Tapes) Commissioner Commissioner V-CONSENT AGENDA TTEM MZNUTES OF THE REGULAR C~TY COMMZSSZON MEETZNG HELD TN COMMZSSZON CHAMBERS~ CZTY HALL, BOYNTON BEACH, FLORZDA ON WEDNESDAY~ OCTOBER 4f 2000 PRESENT Gera d .Broening; Mayor Ronald WeHand, Vice Mayor William Sherman, Mayor Pro Tem Bruce Black, Commissioner Char e F sher; commissioner T. OPENZNGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Mayor Gerald Broening C. Pledge of Allegiance to the Flag led by Vice Mayor Broening called the meeting to order at 6:35 p.m. Vice Mayor Ron Weiland led the Pledge of Allegiance to D, · FZLL OUT THE APPROPRZATE REQUEST FORM · GZVE ZT TO THE cTrY CLERK (ON THE DAZS) PORTZON OF THE AGENDA HAS · COME TO THE PODZUM WHEN THE MAYOR ZNDZVZDUALS MAY SPEAK FOR THREE UNI~NTERRUPTEI E. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested that under XI. Legal, Ttem A. 1, 2000. 2. Adoption Commissioner Black moved to approve the agenda, as ame~ Vice Mayor Weiland and unanimously carried. Meeting M nutes Regular Citq~Commmssmon Boynton Beachr Florida October 4, 2000 ~ppoint~ent ~;o Be M~d~ Board Length of Term Expiration Date ~V ~ayor Nayor ' ,~ Children & Youth Advisory Board Alt ~l~re~ & Youth Adv sory Board Stu/Reg/VoUng ?~i!i~b~& Ybt~hAdvisOry Board Stu/Reg/N~nvoti.g ~ dg;..B~rd~of Adjustment & Appea s A t III S?er~an , ~dg~ation Advisory Board Reg IV ~§h~r; ~ EdaL,c~atiOn Advisory Board Alt Nayor ~Oe~g ~Ed~a~i6n Ad~visory Board Alt I ~f~ la~d I)IuL~, ac~ Abatement Board Reg Z! ' ~'~; ~!~ Abatement BOard Alt [ yr term to 4/0l Tabled (3) t ~r term ~')/Ol ~abed {3) ~ y~ term te'~JO~ T~bled (3) 2 yr .t~a~Q..,~2 ~.'['abled (3) :[ yr.term tefi~J01 Tab ed (3) IV Rshet RecreatiOn & Parks Board Alt ~. yr termto:4/O,l Tabled (2) III ~herma~ ~r~ior Advisory Board Reg 2 yr}term to 4/02 Commi??~,~r, Black ,a~nowledged that the City had received Hr. Larry Finkelstein's r;esign~O&~frbrn the"i!~in~ing ;and ~evelopment Board; Commissioner Black ~hanked Mr. Finger-in for hi~ ~JcatJ~, a~d!;flard ~vork on befialf of the.Ci~ Vice Mayoq~We land moved to,table h s appointments. appointed Dorothy Howard as a Regular member of the ~ppointed :Elizabeth 3enkins from an Alternate member to a CommissiOner Fisher moved to table his appointments. Mayor Broening appointed Judith Braswell as an Alternate Adv sory Board. Motion Commissioner Black moved to approve all appointments, which Commissioner Fisherand unanimously carried. I1. ANNOUNCEMENTS & PRESENTATIONS member to the Education was seconded by Meeting Minutes Regular City CommiSSion Boynton Beach~ Florida October 4, 2000 A. Announcements: Mayor Broening made the following announcements; TNT Concert - Friday, October 20, 2000 at Oceanfront Park from 6:00 p.m. to 9:00 p.m. - "Lakoda" (Southern Rock) A Community Meeting will take place on October 9, 2000 at 7:00 p.m. in the Boynton Beach City Library to be hosted by the Education Advisory Board and the Community Forum Family and Friends NetWork, Inc. The topic of discussion will be school boundaries. B. Presentations: 1. Proclamations: a. "YMCA Day"- December 2, 2000 Mayor 8roening read the Proclamation declaring December 2, 2000 YMCA Day in the City of Boynton in celebration of the grand opening of the new YMCA on the same date. b. Fire Prevention Week - October 8-14, 2000 Mayor Broening read the Proclamation declaring the week of October 8m through the 14m, 2000 as Fire Prevention Week and presented the Proclamation to Deputy Fire Chief 3im Ness. This week also commemorates the week of the Great Chicago Fire of 187.1 which killed more than 250 persons~ left 100,000 homeless and destroyed more than 1,700 buildings. For the past 80 years the National Fire Protection Association has joined North American Fire Departments each year in a shared mission to make the public safer from fire. Chief Ness informed the Commission.and audience that the City of Boynton Beach Fire Department has taken a very pro-active approach to teaching fire safety and works with the children in the grade schools. Chief Ness announced that there will be a Fire Expo at the Boynton Beach Mall this weekend and on Saturday, October 7m from 11:00 a.m to 3:00 p.m. there 'will De an open house. This will be the third year for the Expo and approximately 10,000 people are anticipated and everyone is invited. 2. Orientation PowerPoint Presentation - Diane Reese, Finance Director 3 Meeting Minutes Regular City Commission Boynton, Beach, Florida Ms. Reese, the City's Finance Director, gave a PowerPoint Presentation and an overview of the opera~ions of the Department, whch is compr~ed-.Q~t.h:r~e dMsions: Administration, Procurement and Warehouse. A copy of the presentat!9n is attached to and made a pa~t of~ the original minu~esi0~.thisi.meeti~g~.~ city,s Finance Depa~ment over ,the Past 20 years has re~ived a C~ifi~ate of Achi~V~nt.~fo~;E~ [ence~ n E nanda[ RePO~i.ng ~: S e~a, C ~ Corm Ssi6n CaP ta lmpmv~entProje~ Workshop of o'o 2. Joint Ci~ Commission/Chamber of Commerce Workshop Meeting of September 11, 2000 3. A~enda Prev ew Meeting of September 14, 20Q0 4. ,2000 5. M~ting of Se~ember 19, 2000 6. of.September.:20, 2000 the 1999- Approve the "SURPLUS VEHiCLE/EQUiPMENT LIST" as submitted by staff and allow for the sale of same (Bid #002-t4H-01/KR) " AL 2. E~xtend the ANNU : CONTRACT FOR OFFIC ES", BID ~003-141 Inc. for an estimated ,000 Approve ~a dual award for FOR BACKFLOW PREVENTION DEVZCE AND TESTING SERWCF-S", BID #088-282!-00/KR, to Dee Maria Plumbing, Inc. and ,Service Ar0erica .,Network, !nC., for .an estimated annual expenditure .of $14,000 :~vard ~"ANNUAL! DID'FOR DUMPSTER REPAIR", BID #093-2510- 0~0/KR~ t6 Edwar~ :Lam~ns of Boynton Beach, Florida, .in ithe amount 6f $3S,000 · i Award the bid ~for "ANNUAL SUPPLY OF SODIUM HYDROXIDE ~'I~6I[~ ~.AU~c SODA); BID #089:2811-00/C.1D to ].C.I. ]ones 4 Meeting Minutes Regular City Commission Boynton Beach, Flor da October 4~ 2000 Chemicals, [nc. of Fort Lauderdale, Florida for an annual expenditure of $t73,250 Utilize General Services Administration Contract #GSA-07F-8722D for the purct~ase of Greensmaster tee mowers with accessories in the amount of~ $33,300.92; and additionally the purchase of a LastecArticulator ro~Jgh mower in the amount of $15,950 based on three competitive written q~Jotations. Award the bid :for 'iSNO~.YEAR CONTRACT F~OR BEACH CLEANING, BID :#058-2730,00/C]D to Beachkeeper, Inc. of Loxahatchee for an annual expenditure of $8~700. Award~'~NN~AL CONT~ FOR ~DS~PE MAINTENANCE", BID ~7~30~00/i~R~:~'~to".var~ous vendors for an annua estimated ex~e~iture Q¢ $600,000 C. Resolutions: Proposed Resolution No. R00-136 .Re: Approving an amendment to the agreement with Palm Beach County dated June 6, 2000 for Joint Participation and ~roject Funding in Construction of Lawrence Road from Gateway Boulevard to Hypoluxo Road Proposed Resolution No. R00-Z37 Re: Authorizing the execution of an. agreement for engineering services between the City of Boynton ~Beach and Camp Dresser & McKee, Inc., CH2M Hill, Inc., Hartman & Associates, Inc. and Metcalf & Eddy, ~nc. D. Ratification of Planning. & Develogment Board Action: Quantum Lot 50B (Gale Industries) - Lot 50B Quantum Park PID - Request for new site plan approval to construct a 14,810 square foot commercial/industrial warehouse located on 4.25 acres ('FAOZ£O ON ~tem D. 1 removed from the Conser~ Agenda at the request of Commissioner Fisher for discussion. Boynton Shoppes (Side Yard Setback) - 1620 S. Congress Avenue - Request for relief from Chapter 2 Zoning, Section 5.F.7.e. requiring a minimum 30-fbot setback to allow a 12.5 foot variance 5 Meeting Minutes or a minimum 17.5 foot side yard setback within the Boynton Boynton; Shoppes (Peripi Avenue- Boynton S. Congress Zo~ing~ section 5.F.7.f. :within.the PCD five foot and Request for new square foot lurant with ocated on a Approve the expeaditure fOr Se~er;U~§raOes~and issue a purchase order to compaq'c~porati~n~iri;~e''i~b~i:~!~6;8'7'8~ ~ ~' Approve.the' ~la,ce'"" ' ' .of ex';~?'~v~.~...; .. '~.. :0f~,ad~ tidna, material..~.'' r ' from Veron. ca '"~ ~i~hin ~Ra ~ ' '~s~:'~ 'PUD~ ocated east of H gh ~ke (Tra~~ 9 . ~ - Ridge Road and no~h of Comm~[~ Pa~k ApproVe the donation fro~.~ent Trust Fund to The 3uvenile Transibton Center, [nc;. 0~Bb~n~:B~dn the~amount of $2,500 Authorize a!location Fa(;ade ( the original design 000 in available funds for the Boulevard Improvement Project : were an oversight in Item Io removed from the Consent Agenda at the request of Vice Mayor Weiland for discussion. Approve payment to Palm Beach County League of Cities for annual membership for FY 2000-2001 Approve a contract with Wallace Roberts & Todd, LLC to provide construction documents, permitting and construction aoministrative services for Boat Club Park for fixed fees totaling $t24,900. 6 Meeting Minutes Regular City Commission Boyntor~ Beacht Florida October 4, 2000 Authorize the City Manager to negotiate a contract with Wallace Roberts & Todd, LLC to provide master plan revisions, construction documents, permitting and construction administrative services for Intracoastal Park.. Approve the purchase of ,twenty,two (22) mob e rad os for use in the Parks Division for a total cost of $25,058. Item M. removed from the Consent.Agenda at the request of Vce Mayer Weiland for discussion. Confirm the appointment of Jeffrey R. Livergood as Public Works Director for the City of Boynton Beach Motion Commissioner Black moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner Black and unanimously carried. Quantum Lot 50B (Gale Industries) - Lot 50B Quantum Park PID - Request for new site plan approval to construct a 14,810 square foot commercial/industrial warehouse located on 4.25 acres crAoz£O ON Commissioner Fisher asked if staff agreed with tabling of Item D.1, which was confirmed by Mike Rumpf, Planning and Zoning Director. Approve additional work on the Gateway Boulevard Improvement Project for the construction of drainage improvements that were an oversight in the original design Vice Mayor Weiland noted that thero is a drainage problem at the east end of Gateway Boulevard. The consultant that designed Gateway Boulevard failed to recognize that alter the curbs and gutters were installed, a flooding problem occurred. Vice Mayor Weiland questioned why the City should have to pay an additional $28,000 to have this corrected. Vice Mayor Weiland asked for a status report on the negotiations with the City's consultant, Post, Buckley~ Schuh and Jernigan on this additional cost. Vice Mayor Weiland said that the consultant should be held responsible for this oversight and should correct the design, as well as the construction, without cost to the City. Mr. ~John Guidry, Interim Directo? of Engineering took the podium and stated staff is in negotiations with Post Buckley. There will be some residual value to the City and staff is 7 Meeting Minutes Regular City Commission B0~nton Beach~ Florida October 4/2000 work n~ on resolving the issue. Vice Mayor Weiland requested that he be kept informed ~f':sta~IS progre~sin this regard: - -~ ~ - MotiOn :; : " ~ Vice MaYOr Weiland moved to approve Item' I. Motion seconded by Commissioner Black and unanimously carried. ' M'} ''~ ~ rove the' u~hase, of twenty-tWo; (22,)~.mob'te radios,for ~use in the PP : P ,, , Parks Division for a total cost 0f.$25,058 Vice Mayor Weilahd qaestio'nedthe CoSt oF the i~adios being purchased for the Parks Department at ;029 ( program-them. Vice Mayor purChased and John Wildner, Parks Director, me kind being purchased by the t submEted when the purchased, the V ce Mayor Weda~'t, nq,u~red why ~exte! rad, los~ere not being purchased, which could t ~rd ess. Mr ,W drier re~s onded that these are rad os b g bebou ht at ab~t~qe, h , · ~ P mounted, in the ~ehk:[es and commu, mcati,OO~, With an entire crew needs to De maintained, which cannot beachieved with NeXt~'raciiOs. Motion vice Mayor Weiland moved to approve Item M. Motion seconded by Commissioner Biack and unanimouSly carfie~. V. CZ'I'Y MANAGER'S REPORT: A. Report on.Non-conforming Signs Mr; Bressner reported that staff has reviewed recommendations for the sign code and has come up with some recommendations: Po icy decisions need to be made on which signs need to be evaluated. Mr. Bressner requested that 'this item be moved to a workshop meeting in'order to inv0!ve other interested parties and to come up with some options in deal ng with non-co~forming signs. Commissioner Fisher requested that all businesses with non-conforming signs be no/fled of the woCkshop t~O e~list (heir ;articipation and agreed that having a workshop would be the 'best roQte' tO foil°w. There was a consensus that a workshop be scheduled, which iVlr. Bressner will arrange as soon as possible. 8 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 B. Review of Proposed Traffic-calming Device Procedure Staff ~as put together a detai!ed report ,settng forth several strategies that are available, as well as what other communities have been doing with regard to traffic calming, both for speed reduction and volume reduction. Mr. Bressner asked if thff Qty wanted .to wait~four, months in order to determine what the Federal Transportation Depa~ment- is ;devising or whether the City wanted to continue to move forward on t~his, The FTD~ is Currently revieWing sO~e standards, which could, become. Dational star~dards -that would be incorporated- n a rVlanua of Uniform T~affic Con;~01 Devices. Under state~ aw, Rodda re~luires that communit es must adhere to the rvlanual of Uniform Traffi~ Control Devices, Tn 1996 the City of Boy,ton Beach. un.de~.0Qk~an e~perime~t b~ .J~a:ling. spee~ bumPs in res dental ne ghborhoods.. Tn ~r~: ~sta~ce~ ~ne yya~ re.~x~yed ~use ',~f, poteni~ia t ga~ on The Court. s~ bave.recently~!~: ip: fay~of a case, brought by the Q~ OFSarasota in support of the:installation of ~Peed bumps; ' Staff, is determine if the- neigl~b~rhood. Also, there is are beir]g used for by-pass traffic,. workshop to Chape Hill in the The ~ October and has overview of the i neighborhood groups. made fired should be onboard by the end of has deveoped an ,including Ms. Hanna Matras informed the Commission that the.,Fiodda Department of Transportation\ Will be coming out~ with a boo.k of general guidelines as to what traffic calming measures can be installed and on what types of streets. Vice Hayor Weiland said he would like to have a workshop because he has been pushing for this for a long.time.He would like ~o have atplan inplace f the Cty has to wa t a~ add t ona four more months,, Vice Ha. yor Wei and. sa d fie has heard from four neighborhoods thatwant to nsta I traffic,calm!rig dev ce$. Hr. Bressner agreed that the workshop should focus on formulat ng some istrategies rather than to just study .the options~ Commissioner Fisher're~est~d,that ti~e workshop be. s~hedu ed after the new Public Works Director is onboard. Mr. 3effTranter, 702 SW 27u~ Place, Boypton Beach sa d his house is located on the corner of SW 5~ Street that had the speed bump removed. Mr. Tranter said he has 9 Meeting Minutes BR:gular City Commission ~/nton 8~?h~ Florida October 4, 20~0 asked several times why the speed bump was removeo, but never received a proper fee s they are iS me city ~or "M" ~'r¢ "~a ' ': ke~Fffm:the amou~ef t~he:~edond appraisal :and was.informed it " ' '3,4 million. was~n~hewoa~W~$ :. ~, ~., .... ,, . '., , pay :mo~, tha" re~i]:~?r t~s P~oPe~ ~ ~?~: ~ u~ with a ?ce be~ tne ~o ~nn-~-~ ~mm,~n~r+' ~ r-~DO]~ '9~t~ ,~thls ro e~ has, been. for. sa ~it~,g~:~mi~i~ ~r'~b~t the' a~,~pr~ce ~be~ng too n~gn. come a purchase the thatthe Ci~ ~ million, high as $3.2 to~ )rope~y. purchase log, ;He feels Mayor ,;weiland's CO' ' ' ncemed about the are. If this Commission comes until the dockage rights can be O~ ng'the~ docks, 10 MeeUng Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 they would have to be rebuilt and permitting from the Army Corps of Engineers would be required. Commissioner Black pointed out that there are parties that would be willing to lease the property from the City and improve it. He does not fee/that the City would have to fix UP the building and bring it up to code and other parties could do this. Commissioner Fisher would like the Commission to come up with dollar amount that it would be willing to pay for the property. Mayor Broening pointed out that the Boynton Inlet is the only way in and out of the Intracoastalto the ocean between Boca Raton and West Palm Beach. Also, Boynton Beach has the best coral reefs just one-quarter mile from the Inlet. He noted that this property has been more ora problem than an asset. Mayor Broening suggested putting a number on the property, and to direct staff to negotiate for the purchase of the property while.insisting that due diligence be .done .on the issues of permits. Mayor Broenin'g di~l not feel,}hat the City v~ouid be: utilizing thebu Iding for anything in ~he immediate future, but there are resources to acquire the propero/now. There will be many parties that will. approach the City, once the City has the rights to develop the p¢operty the way.the city wants it done. Mayor Broening called for a motion to approve:whathejust requested, Mayor Pro Tern Sherman would like to see some language in the mOtion on assurances of dock rights. the:same value. Mayor Broening the'purchase would be contingent .upon doing the due diligence a ights. Mayor contin~ public use and ~o do,a in fact exist"~ ~irect staff to pursue and the recent numbers in the budget, to acquire the property for - presumed do Mr. Bres.sner suggested thatthe motion be worded that "staff be authorized to offer in the range between $2.9 and $3.1 .million 'Wtl~ an appropriate hold back f t is determined during the due diligencethat the dockage rights are not what they say~'. Motion Commissioner Fisher moved to direct staff to offer a purchase price as high as $2.9 million, if the additional dockage does not exist, and to allow staff to negotiate as high as $3.! million if the dockage does exist. Motion seconded by Commissioner Black. Motion carried 4-1 (Mayor Broening dissented.) 11 Meeting Minutes Regular City Commission Boynton Be~'~h~ Florida October 4~ 2000 Mayor PrO Tem Sherman said he also wanted to vote "nay" and did not know .that a vote was taking place. Vice Mayor Weiland a so concurrec with Mayor~ Ero Tern sh?[man. £om~isSioner Black stated tl~at ii a person does nOt ~peak,. it is.considered a ~", ~:" ~ D~u~ibn' ': ~'ens~''''' 'on :;;~his" poiQt;r AAomey' Cherof~ s~d~i¢~a'. . . , P.e' :'E~0~ ~;'~tlent~o:~;a. . ~ ve~ - ibs ~nSi~; an affirmat ye vote n ~favor of;the~mot om A person S~u a ~er m moved that-the preceding v(~te be'reconsidered;' Motion Weiland and'carried 3-2 (Commissioners Black.nd,Fisher COncerns about the: pu'rchase ~price and future costs were;~aised by vice.:Mayo~ Weiland. -,-.~ .';-~ : ..... ~ ',' { "~ u · 'conta~R~ a comment ~hat ,luther ~m~s~one~',Bla~::,nOt~, ~t~atr'thff back .p-, ,,, , -- , , .... ~.. ....~n~ '~o ns~em ~o~a~i~l; ~bsen~emm s~ion, input :~herefom,~Omm ss one~ ~ aCK~ , ,- ~ Sai~ ~th~ staff is~q~g~to?~e: Co~ission ~o~ dir~on~ ~- , :.- ~ Mayor' Pro Te~ Sherman r~u~s~d that this item~e.p~o~riun~[ ~e~ n~COmmiSsion me~i~g-to gi~th~ ~comm~S ~n~ a~ Oppo~Uni'~ to rev~ bo~ ap'p~]~ls, since the prob.,has been~ea lee ~a~ke~ f~r,yeam~ ..... ~ .... ~ ,. vice I per; ,~May~r the ~.~been be -' the · Mr. Motion CommisSiOner Fisher moved that the City offer up to $2.9 million, subject to the due dilig~,, nc~; as requested concerning the dockage and all other items. Motion seconded by co~missi0ner Black. Motion carried 4-1 (Mayor Broening dissenting). 12 MeeUng Minutes Regular City Commission Boynt0n Beach, Florida O~ober 4, 2000 D, Report on CRA Appointment Process One of the objectives of the Commission is to transfer the responsibilities and membership of the CommunityRedevelppment Agency to civilian members. The target date to accomplish this is the end of calendar year 2000. There ~s a recommendation that staff be authorized to proceed with the recruitment of persons who previously expressed an interest in serving on the CRA and to consider any ,~ew persons who may wish to serve. Mr. Bressner stated that staff is looking for authorization to proceed in this direction and to bring to the Comm, ission a list of candidates. Mr. Bressner asked Commission meeting in December. MOtion staff proceed with the selection, of civilian members to before the City Commission for the first meeting Commissioner Fisher and ,carried 4-0 (Mayor Pro Tem Sherman had left the dais). Mr.:Bressner asked Mr,. Suge[man to give an ,update on ,the rain situation over the past few days'. Mr. Dale Sugerman, Assistant City Manager reported that Boynton Beach received an average of 5 to 5 1/4 inches in the last 48 hours and generally the City has fared well. Since there has now been three to four days of steady rain, the ground is now saturated. The Ocean Avenue;contractor informed Mr. Sugerman that the underground water table has risen 9". Because the rain has been steady, there has not been a lot of standing water. There have been a couple of incidents in areas that have traditionally exPerienced standing water in the streets. Mr. Sugerman was not aware of any significant flooding in these trouble spots. It was reported that water on the roof of the LensCrafters Store on Boynton Beach Boulevard caused the roof to collapse on Saturday and destroyed the building. In the 1300 block of South Congress a portion of the roadway collapsed. This was reported to the County since this part of Congress Avenue is the County's responsibility. If additional significant rains occur within a short period of time~ the possibility of some flooding would exist. Motion Vice Mayor Weiland moved to recess at 7:55 p.m. Motion seconded by Commissioner Fisher and unanimously carried. 13 Meeting Minutes Regular C!ty Commission Boynton :Beach~ Florida *October 4~ 2000 The meeting reconvened at 8::L5 p.m. E, Discussion of City Commission Comment Card System Mr. Bi'essner- pointed 'out that having a',card systeC, has been benef~:ial and there are some ~bhiCipa'1ities that ~r~quiri-~ ¢itiZens'' Wh0 Wish ~to speak'to the~ Ci~y~ Commission to cai the Qty!':~e~k'S~ o~Ce~ ~oi'weeksi before~t~e~,r meeting., Other, c~mmunities, allow s~,~!what~er-~they want to saY.. "- ,- -" ' S~ Co, mmissioner ~lack would like Public Audien¢~ ~0 b~ :heard ea~[[~[ ~n~ :~e~ Agenda; to public concerns early in ~e meeting. Ha ~ :felt the card ~em was working ve~ we Nayor B~oe~ ng did riot'1 cOnCL There wa~ a 'consens~ among the Commissioners,that Public Audience be moved,,:up earlier on the next agenda. ~ " VZ; PUBLIC AUDIENCE: (Ivla~r !Pro Tem Sherman left the dais.) Mr. Herb Suss commented on conduct unbecoming some of the Commission members. Mr. Suss stated that a Commissioner has been flagranty allowed to miss 29 meetings. He noted that Commissioners receive salaries and expenses, which is tax money. Mr. Suss .further stated that another Commissioner referred to a ~ot, of meetings as being road show meetings and Mr. Suss feels that these types of comments are disrespectful to the City citizenry. 14 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 20011 (Mayor Pro Tern Sherman returned to the dais.) Vl'I. PUBLIC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTI'S Project: Agent: Owner: Location: Description: Boynton Shoppes PCD (Heise PCD) Robert E. Basehart, Basehart Consulting, [nc. Boynton Shoppes, LLC :[620 S. Congress Avenue Request for Master Plan Modification to allow for the construction of an additional 3,000 square foot building consisting of a :[,500 square foot fast food restaurant with drive-through and :[,500 square feet of retail ~space. (APPLICANT REQUESTS POSTPONEMENT) Attorney Cherof stated that the Boynton Shoppes PCD will remain on the table and will be addressed sometime in the future. VIII. FUTURE AGENDA ITEMS: Agreement between Palm Beach County, the City of Boynton Beach and the Boynton Cultural Centre, Inc. for purchase and construction of the 1913 Children's Museum Interactive Ecosystem Indoor Exhibit (October 17, 2000) B. Future Annexation Areas (October :[7, 2000) C. Resolution approving 2000-01 City Objectives (October :[7, 2000) Resolution approving 2000-02 Capital Improvement Priorities (October :[7, 2000) Ee Review policy for cemetery late arrival fee and space requirements pending review by Cemetery Board and funeral business (November 8, 2000) F. Presentation by State Representative Addle Green (November 8, 2000) G. Proposed Policy for Community Activity Grants H. Proposed Expansion of CRA Boundaries (October 17, 2000) 15 Meeting Minutes Regular Ci~/Commission Boynton 6ea~:~,=Florida "Name Pond B' Contest NOth ng fuft1~er was a~ed. 20OO ZX. DEVELOPMENT PLANS: None None Xl.' LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O00~49 Re: Creating a definition for wall murals, and establishing a process and guidelines by which to review future wall murals Attorney Cherof read ProposedOrdinance No. O00-49 by title only. Attorney Cherof noted that this Ordinance had ~been tabled by the Commission during the Agenda approval and will be discussed at'the next Commission meeting. 2. Proposed Ordinance No. O00-5:L Re: Amending Chapter 7.5, Article ~[I (and related se~.ctions) to add aesthetic/beautification requirementS, ~o create additional' buffering standards to increase maintenance requirementS, increase planting specifications and to codifi/lake planting requirementS Attorney Cherof read Proposed Ordinance No. O00-51 by title only. Mayor Broening announced the Public Hearing. Since no one wished to speak, Mayor Broening called for a motion. Motion Commissioner Black moved to approve Ordinance O00-5~-. Motion seconded by Commissioner Fisher. City Clerk Sue Kruse polled the vote, The vote was unanimous. 3. Proposed Ordinance No. 000-53 Re: Authorizing the 16 Meeting Minutes Regular City Commission Boynton Beach, Flor da O~ober 4, 20~nn issuance of Notices of Intent by the Commission to study and possibly change Land Development Regulations On issuance of a Notice of Intent, aPplications for development permits inconsistent with the change under study will not be-accepted. Attorney Cherof read Proposed Ordinance No. 000-53 by title only. Commissioner Fisher said he would like to extend this to the City line instead of ending at the Canal. Attorney Chero? stated this/is merely the implementing oi'dinance and discussiOn '~hould he'held over until re~ding of. the =ReS01ution. Mayor ~roening announced the Public:,Hearing. :Snce no one:wished to speak, Mayor BrOWning callec~ ~'or a!r:nOuon. Motion Commissioner Black moved to approve Ordinance O00-53. Motion seconded by Commissioner Fisher, City C erk Sue Kruse polled the vote. The vote was unanimous. Ordinances - 1st Reading Proposed Ordinance No. O00-52 Re: Amending Chapter 2 of the Land Development Regulations, Section 7, Planned Industrial Develooment Distdct~, to allow mixed use pods of commercial, retail, multi-family residential and office/professional use in Planned Industrial Development Districts, providing for design guidelines, providing submission requirements, providing ~ocedures for review ('/'A~Z£O ON ~/~/00) Attorney Cherof read Proposed Ordinance No. O00-52 by title only. Motion Commissioner Fisher moved to remove 000-52 from the table. Notion seconded by Commissioner Black. City:Clerk Sue Kruse polled the vote. The vote was 4-0. ~la?or ~/e/Tand had/eft ~he dais.) Commissioner Fisher asked staff if this was the final version. Hr. Rumpf confirmed this was the final version and it does contain most of the provisions that staff requested. The only provision not included is the height limitation of 45'. The applicant would like to see this extended. Therefore, staff is recommending that this be addressed separately from this Ordinance. 17 Meeting Minutes Regular City Commission Boyiit~n ~==chf:Florida (V/ce Mayor We/land retumed to the dais.) a commercial may never come in the lin~ the Mayor the ~rhood that long as by this residential' units project. dries. Vice Motion Comm ppr0vePr0posed orainan~ce !No,~ O00~52. Mot.ion Cerk SUe Krbse polled~the vote.: The vote was Commissioner Fisher requested that before the second reading of the Ordinance that 18 Meeting Minutes Regular City Commission Boynton Beach, Horida October 4~ 2000 the height issue be addressed, Proposed Ordinance No. 000-54 Re: AmendinCl Chapter ,26 entiUed "Water, Sewer and City Utilities", amending ~;ection 26- 8.! to provide for commencement date for utility services billing cycle, and to provide a definition of base fadlity charge; amending Section ~-9, Schedule II: IB) to provide billing formula for multi- family buildings in which ,several dwelling un ts are se,~, ced by, one meter; by. a~end ng Sect on 26~406 to provide billing formula ,for the "Fee in,lieu of" capita!~ contribution for properties ~:edeveloping~ within the downtOwn s~rrnwater improvement Watershed' Attorney Cherof read Proposed Ordinance No. O00-54 by title only. Motion Commissioner Black moved to approve Proposed Ordnance No. 000-54. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 3. Proposed Ordinance No. 000-55 Re: Amending Land Development Regulations to include nightclubs Attorney Cherof read Proposed Ordinance No. O00-55 by title only. Motion Commissioner Black moved to approve Proposed Ordnance No. 000-55. Fisher seconded the motion. City Clerk Sue Kruse polled the vote. unanimous, Commissioner The vote was Proposed Ordinance No. 000-56 Re: Approving the abandonment of a portion of East Railroad Avenue between SE 10~ Avenue and SE 8th Avenue Attorney Cherof read Proposed Ordinance No. 000-56 by title only, Motion Commissioner Black moved to approve Proposed Ordnance No. 000-56. Fisher seconded the motion. City Clerk Sue Kruse polled the vote. unanimous, Commissioner The vote was 19 Meeting Minutes Regular City Commission BOyntor~ Beach, Florida Proposed Ordinance No. 000-57 Re: Amending Chapter 2, Section ll.L.3.a to a iow retail sa e of g~soline or gasoline produ~ to be Pe~r~itted -o~ 'pa~e S,bf:,land~ ¢of~tainling :~2 ,acres or ~mor~e;~ 0cated ~ ~i~; a~,~,~J0~-,~ot~: ra~i~~'' oF'~an in~e~eCti~n, and fronting t~:,a r0adwa~ of t, hree~ ~nes o[~rn0re · this Agenda Item Board. Motion ~ Commissioner Fisher moved to deny Ordinance 000-57. Motion seconded by Commissioner Black. City Clerk Sue Kruse polled the vote. The vote was unanimous. = * 6. PropoSed~Ordinance No..O00~58 Re: Amending ..Chapter 2, Section l:~.L to allow automobile fueling fadlities as ancillary uses in Planned. Commercial Developments of ten (10) acres or more, conditional uses under separate development standards and Iocational criteria Attorney Cherof read Proposed Ordinance,No. 000-58 by title only. Motion Commissioner Fisher moved to approve Ordinance 000-58. Motion seconded by Commissioner Black. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Resolutions: Motion Commissioner Fisher moved to remove R00-~34 from the table. Hotion seconded by Commissioner Black and unanimously carded. Proposed Resolution No. R00.134 Re: Authorizing the use of City-owned property for sidewalk relocation and the addition of a second left-turn lane from northbound Seacrest Boulevard onto westbound Woolbright Road (TABLED DN~/.~9/OO) Attorney Cherof read Proposed Resolution No. R00.134 by title only. 2O MeeUng Minutes Regular City Commission Boynton Beach~ Florida O,~;,ber 4, 2000 Motion Commissioner Black moved to .approve R00-134. Motion seconded by Commissioner Fisher and unanimously carried. Proposed Resolution No. R00-138 Re: Authorizing Zoning in Progress (Public Hearing) Attorney Cherof read Proposed Resolution No. R00-:[38 by title only. Commissioner Fisher said he would like to move the line to the north end of the City line instead of stopping at the Canal, as recommended by staff. Mr. Greene said that extending the line to the north end would not be a problem. Staff recommended the Canal because on the wes~ side of Federal Highway, north of the Canal, basically consists of the railroad with no development. The C-4 zoning, ends. at the Canal. Commissioner Fisher said he was requesting this because something could always come up in the futura and he would like t~his in place. Mr. Greene pointed out that on the east side of Federal Highway the uses are C-3, residential and recreational. Motion Commissioner Black moved to approve Resolution No. R00-138. Motion seconded by Commissioner Fisher. Commissioner Fisher requested that the motion be amended to extend the line to the north end of the City. Motion Commissioner Black amended his motion to include that the line extend to the north end of the City. Vice Mayor Weiland asked how many p~eces of property were included in this area? Mr. Rumpf stated there were :[0 to :[2 sizeable pieces of property in this area. Commissioner Fisher inquired if the extension of the line would have any negative impact? Mr. Greene did not see any adverse effect to this change. Mayor Broening asked if anyone in the audience wished to address this subject. Mr. Finkelstein agreed with Commissioner Fisher and feels the intent of the Resolution was to look at uses, design guidelines, and redevelopment opportunities. He noted there are several current commercial properties that could be redeveloped and did not feel the intent was to eliminate C-4. 21 Meeting Minutes Regular City ~C~Ommission Bo~nton ~a~;i, Florida Commissioner Fisher seconded the amended motion. Motion carried 5-0. None None Other: UNFINISHED BUSINESS: XIlI. OTHER: None There I~i~ing no :further business to come,before the Qty Comm ss~on~the meet g properlyl adjourned at 9:0,7 p:m. ~: CTI-Y OF BOYNTON BEACH Mayor Vice Mayor Mayor Pro Tem Commissioner A'rrEST: City Clerk Recording Secretary (three tapes) Commissioner 22 Requested City Coramiss~on Medfine Dates [] July 18, 2000 [] August l 2000 [] .august 15, 2000 [] September 6. 2000 V-CONSENT AGENDA Item B-1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOK . Date Final Form Must be Turned in to CiO, Clerk's Office July 6, 2000 5:00 p.m.) July t9, 2000 (5:00 p.m.) August 2. 2000 (5:00 p.m.) August I6. 2000 (5:00 p.m.) Requested City Commission Meetinz Dates [] September 19. 2000 '-] October 4. 2000 [] October 17, 2000 [] November 8, 2000 Date Final Form Must be Turned in to Cie/Clerk's Office September 7. 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.~ October 5, 2000 (5:00 p.m. October 18. 2000 (5:00 p,m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Busmess [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: A Motion to award the bid for: "ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES BID#095-1412-00/CJD to: various vendors, as per staff's recommendation, with an estimated annual expenditure of: $175,000.00. CONTRACT PERIOD: OCTOBER 18, 2000 TO OCTOBER 17. 2001 EXPLANATION: On September 7, 2000, Procurement Services received and opened ten (10) bids for the "ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES". After review of the ten I10) proposals, it has been determined that a multi award is the most cost effective. Each manufacturer has been awarded a primary, secondary and third vendor as outlined in the attached memo. Automotive Parts/Supplies will be ordered on an "As Needed" basis and inventoried in the warehouse. Dominic DeManro, Warehouse Manager. concurs with this recommendation. PROGRAM IMPACT: The purpose of this bid is to secure prices for a period of one {1) year for the purchase of Automotive Parts/Supplies for the Warehouse using the formula: Cost plus Percent. FISCAL IMPACT: Description: Warehouse Inventory Funds are available in the following account: Account#: ESTIMATED EXPENDITURE: 502-000-0-410.17 $175,000.00 City Manager's Signature Director of Financial Services Procurement Services Departmem City Attorney Finance / Human Resources C: Dominic DeMauro - Warehouse Manager File S:~BULLETiNXFORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH MEMORANDUM FINANCE ADMINISTRATION RECEIVED TO: FROM: DATE: Bill At!tins, Deputy Finance Director Dominic DeMauro War' , enouse:3nanager )r ~j/! September 17, 2000 ,SEP 20 ~008 SUBJECT: Annual Contract For Automotive Part,qSupplies I have reviewed the tabulation sheet from your office. The factors used were price, availability, delivery time and Warehouse processing time. My recommendation is a multi-award by manufacturer with primary, second and third vendors. FORD CARS Genuine Parts Company Maroone Ford of Delray Delray Lincoln Mercury Palm Beach Spring S&H Distributor Boynton Auto Cost 4- 10% Primary Vendor Cost+ 10% Primary Vendor Cost + 10% Primary Vendor Cost + 10%Primary Vendor Cost + 20% Secondary Vendor Cost + 30% Third Vendor FORD TRUCKS Maroone Ford of Delray Deiray Lincoln Mercury Palm Beach Spring Genuine Parts Company S&H Distributor Boynmn Auto Cost + 10% Primary Vendor Cost + 10% Primary Vendor Cost +10% Primary Vendor Cost + 10% Primary Vendor Cost + 20% Secondary vendor Cost + 30% Third vendor GMC TRUCKS Genuine Parts Company Palm Beach Spring Roger Dean Chevrolet Maroone Chevrolet Greenacres S&H Dirtributers Cost + I0% Primary Vendor Cost +10% Primary Vendor Cost + 15% Secondary Vendor Cost + 15% Secondar~ Vendor Cost + 20% Third Vendor DODGE CARS Genuine Parts Company Palm Beach Spring Maroone Nissan Dodge S&H Distributer Boynton Aura Cost + 10% Primary Vendor Cost + 10% Primary Vendor Cost + 10% Primary Vendor Cost + 20% Secondary Vendor Cost + 30% Third Vendor Vehicle Bid page two Dodge Trucks Maroone Nissan Dodge Palm Beach Spring Genuine Parts Company S&H Distributor Boynton Auto Cost + 10% Primary Vendor Cost * 10% Primary Vendor Cost-~ 10% Primary Vendor Cost + 20% Secondary vendor Cost + 30% Third Vendor JEEP Genuine Parts Company Palm Beach Spring Maroonie Dodge S&H Distributor O.C Taylor Boyntc~n aura Cost + 10% Primary Vendor Cost + 10% Primary Vendor Cost + 10% Primary Vendor Cost + 20% Secondary Ve~ndor Cost + 20% Secondary vendor Cost + 30% Third Vendor Chevrolet Cars Genuine Parts Company Cost -~ 10% Primary Vendor Palm Beach Spring Cost + 10% Prinmry Vendor Maroone Chevrolet Greenacres Cost + 15% Secondary Vendor Roger Dean Chevrolet Cost + 15% Secondary Vendor Cold Air Distributor Cost ~- 40% Third Vendor Chevrolet Trucks Genuine Par~s Company Palm Beach Spring Maroone Chevrolet S&H Distributor Cost + 10% Primary Vendor Cost + 10% Primary Vendor Cost + 15% Secondary Vendor Cost + 20% Third Vendor ********HI~HES~ OISCOI~, MO$~ RESPONSIVE, RESPONSIBLE BIDDERS ~HO 14EE~ ALL SPECIFICATIONS**** Bi~f Atkins, Deputy Director of Financial Services Dominic DeMauro, ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES '00 Warehouse Manager "Offers from ~e vendors Imted heroin are the only offers BID OPENING DATE: SEPTEMBER 7, 2000 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. ~1 other offers submitted in response to this solicitation, BO'YNTOI~AUTO'SUPI~LY II~C. COL~) al~ ' UT(JR= EL~RAY [ - VENDORS BO'YNTOI~AOT(:~'SUPI~LY, I~C CQLD AIR DISTRIBUTORS, INC. DEL~RAY LiNCO[~I MERCURY 422 E. BOYNTON BEACH BLVD. 3053 INDUSTRIAL 31ST STREET 2102 S. FEDERAL HWY. BOYNTON BEACH, FL 33435 FT. PIERCE, FL 34946 ~)ELRAY BEACH, FL 33483 ATTN: GEORGE VALDEZ ATTN: CHRIS DEMKE kTTN: CARL LILLY (561 ) 732-4171 (561 ) 466-3036 (561 ) 930-2411 ENGINE PARTS COST + % NO BID 40% FORD CARS NO BID 40% 10% FORD TRUCKS NO BID 40% 10% GMC TRUCKS NO BID 40% NO BID DODGE CARS NO BID 40% NO BID DODGE TRUCKS NO BID 40% NO BID JEEP NO BID 40% NO BID CHEVROLET CARS NO BID 40% NO BID CHEVROLET TRUCKS NO BID 40% NO BID BRAKE SYTEMS COST + % 30% 40% FORD CARS 30% 40% 10% FORD TRUCKS 30% 40% 10% GMC TRUCKS 30% 40% NO BID ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES '00 BID OPENING DATE: SEPTEMBER 7, 2000 BID OPENING TIME: 2:30 P.M. BID # 095-1412-00/CJD "Offers i~rom the vendors listed herein are the only offers received timely as of the above rece~wng oa[e and time. All other bffets submitt~U in response to this sotic~tation. if any, are hereby rejected as late" B'OYNTON AUTO ,~UPPLY, iNC. COLD'AIR DISTRIBUTORS, INC. DELRAY LINCOLN MERCURY VENDORS -422'E. 'Bi:~YNTOIq~I~EACH BLVD ' ' 3053jNDUSTRIAL'~'ISTSTREET .)102 S. FEDERAL HWY. BOYNTON BEACH, FL 33435 FT. PIERCE, FL 34946 :)ELRAY BEACH, FL 33483 -'-' ATTN~VGEO'RGE VALDEZ ATTN: CHRIS DEMKE' ' ATTN: CARL LILLY (561 ) 732-4171 (561) 466-3036 (561).930-2411; DODGE ~;ARS .... 30% 40% ' NO BID DOD+GE TRUCKS 30% ...... '40% ~ NO BID J~E EP" 3'0~% 40% NO BID CHEVRO£ET'CARS .......... 30% 40% ' NO BID CFIE~/ROL~ETTRUCI{S .............................................. 30% ................... ~0% ' NO BID CHASSIS + SUSPENSION COST + % 30% 40% FORD cARs 30% 40% 10% FOI~D TRUCKS 30% 40% 10% GMC TRUCKS 30% 40% NO BID DOD~GE*C;AR~J ........................................ 3-0% 40% NO BID DODGE TRUCKS 30% 40% NO BID JEEP 30% 40% - NO BID CHEVROLET CARS 30% 40% NO BID ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUP PLIES '00 'Offers from the vendor listed herein are the on y offers BID OPENING DATE: ~ SEPTEMBER 7, 2000 recelved~timely as*0f.the~above receiving data and time. BID OPENING TIME: 2:30 P.M. '~ other offers submjffbd~in response to this solicitation BID# 095-1412-00/CJD -~if an---~.-are h--~reby rejected ' lat--~ ~ 422 E. BOYNTON BEACH BLVD. ~ I~S~R~A~;31~T sTReET 2~02 S, FEDE~L HWY. A~N: GEORGE VALDEZ A~N: CHRIS DEMKE ~ A~N: CARL LILLY C~VROLET TRUCKS 30% 40% NO, BID ~ISCEL'~NEOUS COST + % LIGHTS ONLY 30% 40% ' FORD CARS ~ ' 3'0% ............ 40% .............. ~0% FO~RUCK~ .............................. 30~ ......................... IOW ............... GMC TRUCKS ' 30% ........ 40% ........... ' NO BID DODGE CA~S ................................... 30% ~-0~ ......... NO BID DODGE TRUCKS 30% ' 40~; ~.,' , ',NO'BID JEEP 30% 40% -? ' ,'~ '., . NO BID. 3HEVROLET CARS - 30% - ........ : "~% ; ;': -" :~O BiD" CHEVROLET TRUCKS 30% '40% NO BID NUMBEROF BID PROPSALS I . ~ 1 SUBMI~ED , , CALENDAR DAYS 1-7 DAYS SAME 1-3 DAYS ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES '00 BID OPENING DATE: SEPTEMBER 7, 2000 BID OPENING TIME: 2:30 P.M. BID # 095~1412-00/CJD "Offers from'the vendors listed herein am the only offers received timely as of the above receiving date and time. All other offers sul3mitted in response to this solicitation. if any, am hereby rejected as late" VENDORS 'BOYNTON AUTO SUPPLY, NC COED A R D STRIBUTORS, INC. DELRAY LINCOLN MERCURY 422E. BOYNTON BEACH BLVD 3053 INDU'STRIAL 3~1ST STREET 2102 $. FEDERAL HWY. BOYNTON BEACH, FL 33435 FT. PIERCE, FL 34946 DELRAY BEACH, FL 33483 A']-i'N: GEORGE VALDEZ ATTN: CHR S DEMKE ~,TTN: CARL L LLY (561)732-4171 (561) 466-3036 ANTI-KICKBACK'AFFIDAViT (561) 930-2411 SUBMITTED YES YES YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT SUBMITTED YES/NOT A MINORITY OWNED BUSINESS YES/NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED NOT SUBMITTED YES NO LIST OF FACILITIES AVAILABLE NO NO NO COMMENTS ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES '00 "Offers from the vendors listed herein are the only offers BID OPENING DATE: SEPTEMBER 7, 2000 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. ~l other offers submitted in response to this solicitation. BID # 095-1412-00/CJD ir VENDORS GENUINE PARTS COMPANY (NAPA) O.~. TA'CLOR" I~H A; PALM BEACH SP.P, ING COMPANY 700 N, MILITARY TRAIL 700 N, FEDERAL H W 324 SuNsHINE ROAD WEST PALM BEACH, FL 33415 DELRAY BEACH. FL 33483 ~EST PALM BEACH, FL 33411 AI-I'N: ROBERT U. GARNER ATT~: MARK MILLER ~N: MARC J. GOLD {561) 688-9653 ~ ~(~B~l'~ 73-2:6'3-00 ...................... '~ (~'[i 798;8900 ENGINE PARTS COST + % 10% 10% =ORD CARS 10% NO BID 10% :ORD TRuCKs 10% NO BID, 10% GMC TRUCKS 10% NO BID 10% DODGE TRUCKS 10% '20% .... ,i~ !0% JEEP 10%20% ~ 10% CHEVROLET CARS ......... .10% NO BID ~; ,, 10% COST + % 10% NO BID 10% :ORD TRUCKS 10% ~ ,~.~ ~; .?. ...... GMC TRUCKS 10% NO BID 10% ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES '00 "Offers from the vendom listed herein are the only offers BID OPENING DATE: SEPTEMBER 7, 2000 ~N~d tiii~elyas ofthe~bove reCeiving date and time. BID OPENING TIME: 2:30 P.M. .NI other offers submitted n response to this solicitation, BID # 095-1412-00/CJD if any, are hereby rejected as late" VENDORS GENUINE PARTS COMPANY (NAPA) 'O.C. TAYLOR PALM BEACH SPRING COMPANY 700 N. MILITARY TRAIL 700 N. FEDERAL HIGHWAY 324 SUNSHINE ROAD WEST PALM BEACH, FL 33415 · DELI~Y BEACH, FL 33483 WEST PALM BEACH, FL 33411 ATTN: ROBERT M. GARNER ATTN: MARK MILLER ~TTN:" ' MARC J GOLD (561) 688-9653 (5611 732-6300 1561) 798-8900 DODGE CARS 10% 20% 10% DODGE TRUCKS 10% 20% 10% JEEP 10% 20% 10% ' CHEVROLET CARS ~10% NO BID 10% CHEVROLET TRUCKS 10% NO BID t 0% CHASSIS + SUSPENSION COST + % i0% 10% FORD CARS 10% NO BID 10% FORD TRUCKS 10% NO BID 10% GMC TRUCKS 10% ' NO BID ' 10% DODGE CARS i 0% 20% 10% DODGE TRUCKS 10% 20% 10% JEEP 10% 20% 10% CHEVROLET CARS 10% NO BID 10% ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES '00 BID OPENING DATE: SEPTEMBER 7, 2000 BID OPENING TIME: 2:30 P.M. BID # 095-1412-00/CJD "Offers from the ven~lors listed herein are the only offers received timely as bftl~ above rbCeiving date'aniJ time· Ail Other offers submitted, in response to this solicitation, if any, are hereby rejected as late" VENDORS GENUINE PARTS· COMPANy (N.",PA) ' O'.Cf '~AYLOR - ' PALM BEACH SPRING COMPANY , 7q0N, MILITA~RY TPAIL ~O.O..N,~ FE~._E~.~R~/L ~.LG~H~W~¥ ~ ~4 ~uNSHINE'ROAD DELRAY BEACH, FL 33483 ~ ~E'§T~I~ALM i~E~H,~FL 33411 ATTN: ROBERT M. GARNER \TTN: MARK MILLER ~ A'i'TN MARC J. GOLD (561) 688-9653 ~ 5~61) 732-6300 ~ (5.61) 798-8900 CH EVROLET TRUCKS 10% NO B ID. _~.: 10% MISCELLANEOUS COST + % LIGHTS ONLY 10% FORD CARS 10o/o NO BID 10% :ORD TRUCKS 10% " NO BID 10% GMC TRUCKS 10% NO B!D ' 10% DODGE CARS 10% 20% · . ~ 10% DODGE TRUCKS 10% 20% ' :~ , ".'-. '10%' ......................... ' 20% ~! ;~: :~ ~0% JEEP 10% CHEVROLET CARS 10% NO BID 10% CHEVROLET TRUCKS 10% NUMBER OF BID PROPSALS 1 1 . . 1 SUBMITTED ;ALENDAR DAYS DAILY ' 1 DAY 1 DAY ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES '00 BID OPENING DATE: SEPTEMBER 7, 2000 BID OPENING TIME: 2:30 P.M. BID # 095-1412-00/CJD "Offers from the vendors listed herein are the only offers re~eived tifflel~, ag of the ab(~ve recei~,ing date and time, ~11 othm' offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS GENU NE PARTS COMPANY (NAPA) O.C. TAYLOR PALM BEACH SPR NG COMPANY 700 N. MILITARY TRAIL 700 N. FEDERAL HIGHWAY 324 SUNSHINE ROAD WEST PALM BEACH, FL 33415 DELRAY BEACH, FL 33483 WEST PALM BEACH, FL 33411 ATTN: ROBERT M. GARNER ATTN: MARK MILLER ATTN: MARC J. GOLD (561) 688-9653 (561) 732-6300 , (561) 798-8900 ANTI-KiCKBACK AFFIDAVIT YES YES YES SUBMITTED CONFIRMATION OF MINORITY YES/NOT A MINORITY OWNED BUSINESS NOT SUBM I I ED YES/NOT A M NOR TY OWNED BUS NESS OWNED BUSINESS SUBMITTED ~ CONFIRMATION OF DRUG- YES YES YES FREE WORKPLACE SUBMITTED LIST OF FACILITIES AVAILABLE NO NO NO COMMENTS ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES '00 "Offers from the vendors listed herein are the on{y offers BID OPENING DATE: SEPTEMBER 7, 2000 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. ~ other offers subr~itted in response to this solicitation VENDORS ~,~'~'OI~E-ER~i~OL~'¥ OF G~EENACRES ~I~,~)~NE F(~RD OF I~LRAY~r' : r~.~ bONE i~IlSSA~' DODGE OF DEEP, AY 5757 LAKE WORTH ROAD 1-95 & LINTON BLVD. 1~9~ AND LINTON BLVD. GREENACRES, FL 33466 DELRAY BEACH, FL 33444 ~ELRAy BEACH, FL 33444 ~,~TI~; D,~ID .~RJ.$~ ...... ~N: DAVID .~,. FE~RIS ATTN: DAV DE FERRIS ~ ' [5~i) 278~303 ~ i~7) 879-0200 (561) 433-3763 ENGINE PARTS . COST + % FORD CARS NO BID 10% NOBID FORD TRUCKS NO BID 10% NO BID GMC TRUCKS 15% ~ N~ B!D NO B D DODGE CARS NO BID NO BID ~ 10% DODGE TRUCKS NO BID NO BID 10% IEEP NO BID N..O. BID ~10% ~ ' NO BID .~HEVROLET CARS 15% NOBID .. CHEVROLET TRUCKS ............. ,~.1~ ........ "NO B!,D , . NO B D~ SYTEMS ', ' - BRAKE COST + % ~ '~ NO BID FORD CARS NO BID .~- ~ ?~ - 16% ....... BID FORD TRUCKS .... , -- . GMC TRUCKS 15% NO BID NO BID ANN UAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES '00 Off rs from the vendors hsted here~n are the only offem BID OPENING DATE: SEPTEMBER 7, 2000 receivea timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M ~l other offem submitted n response to th s solicitation, BI D # 095-1412-00/CJ D tt any. are hereby rejected as late" VENDORS MAROONE CHEVROLET OF GREENACRES MAROONE FORD OF DELRAY ~ · MAROONE NISSAN DODGE OF DELRAY 5757 LAKE WORTH ROAD 1-95 & LINTON BLVD. 1-95 AND LINTON BLVD. GREENACRES, FL 33466 ~I~LRAy BE,~(~I,-IEL '33~44~ ' DEEP, AY BEACH FL 33444 A'I-rN: DAVID E. FERRIS ATTN: DAVID FERRIS ~TTN: DAVID E, FERR S (561) 433-3763 (561) 278-0303 (677) 879-0200 DODGE CARS NO BID NO BID . !0% DODGE TRUCKS NO BID NO' BID 10% JEEP NO BID NO BID 10% CHEVROLET CARS 15% NO BID NO BID CHEVROLET TRUCKS 15% NO BID NO BID CHASSIS + SUSPENSION COST + % FORD CARS NO BID 10% NO BID FORD TRUCKS NO BID 10% · , NO BID SMC TRUCKS 15% NO BID NO BID DODGE CARS NO BID NO BID 10% DODGE TRUCKS NO BID NO BID 10% JEEP NO BID NO BID lO% CHEVROLET CARS 15% NO BID NO BID AN NUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES '00 ',_'Offers from the vendors listed herein am the onlyoffers BID OPENING DATE: SEPTEMBER 7, 2000 received timely aS o[.t~e above receiving date ahd time. BID OPENING TIME: 2:30 P.M. BID # 095-1412-00/0JD ~any areherel~yrejedteSl~a~s.late" VENDORS MAROONE CHEVROLET~ OF GREENACRE$ .~I.~,t~o0.N~ ~D O~.D~ ~.~00~E'HISSAN:bOI~E OF DEL~Y ;757 ~KE WORTH ROAD 1-95 & LINTON BLVD. [9~ A~D LINmN ~LvD. ~R~E~A~RES FL 33466 3.EL~ BEACH. FL 33444 ~Y BEAcH,;EL 33444 ' -' ~: ~D ~.~S- - ~'~'~ D~VID FER~I~ ............ ~'~ D~Vl~ E: FERR[S ~561) ~33:3763 , (~61) 278-0303 CHEVROLET TRUCKS 15% NO BID NO BID MISCEL~NEOUS COST + % LIGHTS ONLY . . FORD CARS NO BID 10% , NO BID FORD TRUCKS NO BID 10% NO BID T UC S .o DODGE CARS NO BID NO BID 10% 3ODGE TRUCKS NO BID NO BID 10% JEEP NO BID NO BID :~ ;. ;HEVROLET CARS t5% NO BID ' ' - NO'BiD CHEVROLET TRUCKS 15% NO BID NO BID NUMBER OF BID PROPSALS 1 ......... ~., -- ;. ~; ...... , 1 SUBMI~ED ~ ' -' ' CALENDAR DAYS AS REQUIRED AS REQUIRED AS REQUIRED ~NTI-KICKBACK AFFIDAVIT SUBMI~ED YES ~ES YES ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES' '00 ffers from the vendors hsted hem~n are the only offers BID OPENING DATE: SEPTEMBER 7, 2000 reCeived tirnelyasbfthb above receiving date and time, BID OPENING TIME: 2:30 P.M. ~ other offem submitted in response to this solicitation, BID # 095-1412-00/CJ D if any, are hereby rejected as VENDORS MAROONE CHEVROLET OF G~E~NACRES MA[~OONE 'FORD OF DELRAY MAROONE NISSAN DODGE OF DELRAY 5757 LAKE WORTH ROAD I-§5& LINTON BLVD. 1-95 AND LINTON BLVD. GREENACRES FL 33466 DELI[AY BEACH, FL 33444 DELRAY_BEACH FL 33444 ATTN: DAVID E. FERRIS ATTN: DAVID FERRIS ATTN: DAVID E. FERRIS CONFIRMATION OF MINORITY (561) 433-3763 (561) 278-0303 (877) 879-0200 OWNED BUSINESS SUBMITTED YESINOT A MINORiTY OWNED BUSiNESS. . ¥~SiN(~T ~, M!~ORiTY OWNED BUS NESS YES/NOT AM NOR TY OWNED BUSiNESS CONFIRMATION OF DRUG- FREE WORKPLACE SUBMITTED YES YES ~ YES LIST OF FACILITIES AVAILABLE NO NO NO COMMENTS *SEE NOTATIONS *SEE NOTATIONS *SEE NOTATIONS ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES '00 BI D OPENING DATE: SEPTEMBER 7, 2000 BID OPENING TIME: 2:30 P,M. BID # 095-1412-00/CJD "Offers from the vendom listed heroin am the only offers received timely as of the above receiving date and time· All other offem submitted in response to this solicitation, if any, am hereby rejected as late" VENDORS ROGER DEAN CHEVROLET, tNC, S& H DISTRIBUTORS INC. 2235 OKEECHOBEE BLVD. 7754 NW 54TH STREET WEST PALM BEACH, FL 33409-4185 MIAMI, FL 33166 · ~I-~N: I~O~AJ~D CHANDLER ~TTN; PAUL E. SOST {561) 686-4433 (305) 5~92-1747 ENGINE PARTS COST + % 2~q%r FORD CARS NO BID 20% . FORD TRUCKS NO'BID 20~/o - GMC TRUCKS 1~5% 20% DODGE CARS NO BID 20% NOD DODGE TRUCKS ID 20% JEEP NO BID 20% CHEVROLETCARS 15% 20% · ,' ' CHEVROLETTRUCKS 15% 20% ~!~,' '~" ':' :' BRAKE SYTEMS 20% · COST + % FORD CARS NO BID ~ -, ..... ~ ~ '26% ' ' :ORD TRUCKS NO BID ...... GMC TRUCKS 15% 20% ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES "00 "Offers from the vertdors listed herein are the only offers BID OPENING DATE: SEPTEMBER 7, 2000 BID OPENING TIME: 2:30 P.M. ~rec~ivedtimelyasoftheabovereceivingdateandtime. BID # 095-1412-00/CJD AIIo!~herofferssubmittedinresponsetothissolic~tation. if any, 'VENDORS ROG~'DEA~CHEV~LE ,~INC. S &'FI DISTRIBUTO"RS, INC?~ 2235 OKEECHOBEE BLVD. , 7754 NW 54TH STREET WES3' PALM BEACH, FL 33499-4185 MIAMI, FL 33166 ATTN: RONALD CHANDLER ATTN: PAUL E SOST (561) 686-4433 (305) 592-1747 DODGE CARS NO BID 20% DODGE TRUCKS NO BID 20% ~JEEP NO BID 20% CHEVROLET CARS 15% 20% CHEVROLET TRUCKS 15% 20% CHASSIS + SUSPENSION COST + % 20% FORD CARS NO BID 20% FORD TRUCKS NO BID 20% ~MC TRUCKS 15% 20% DODGE CARS NO BID ~' 20% DODGE TRUCKS NO BID 20% JEEP NO BID 20% 3HEVROLET CARS 15% 20?/o ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES '00 "Offers from the verifiers listed~herein are the onty offers BID OPENING DATE: SEPTEMBER 7, 2000 BID OPENING TIME: 2:30 P.M. BID # 095-1412-00/CJD received timely as of the above receiving date and time. - ~ii~0~h~ei;~ffei;~ ~ubmitte~ i~l re~p~r~se to this solicitation, f any, are hereby rejected as late" VENDORS ROGER DEAN GHE~/BOLET, NC ~ ~-01s'rRIBUTORs,INC ~ 2235OKEECHOBEE BLVD. ' 775~- N~/54TH sTREET WEST PALM BEACH,: FL 33409-4185 M AMI, FL 33'166 ~,TTN: RONALD CHANDLER ATTN: PAUL E. SOST (561) 686-4433 I'305) CHEVROLET TRUCKS 15% 20% MISCELLANEOUS COST + % LIGHTS ONLY 20% FORD CARS NO BID 20% FORDTRUCKS NO BID ' 20% GMC TRUCKS 15% 20% DODGE CARS NO BID 20% 20% 3OD E TRUCKS NO ' ' 20% JEEP NO BID . CHEVROLET CARS 15% 20% CHEVROLET TRUCKS 15% R OF BID PRO ..... NUMBE PSALS SUBMITTED 1 CALENDAR DAYS SAME DAY/UNLESS SPECIAL ORDER 1 DAY ANTI-KICKBACK AFFIDAVIT YES YES SUBMITTED ANNUAL CONTRACT FOR AUTOMOTIVE PARTS/SUPPLIES '00 *Offers from the vendors listed herein are the only offers BID OPENING DATE: SEPTEMBER 7, 2000 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. ~l other offers submitted ir, response to this solidtation, BID # 095-1412-00/CJD if any, are Ilereby rejected as late" VENDORS ROGER DEAN CHEVROLET, INC. S & H DISTRIBUTORS, INC. 2235 OKEECHOBEE BLVD, 7754 NW 54TH STREET WEST PALM BEACH, FL 33409-4185 MIAMI, FL 33166 ATTN: RONALD CHANDLER Al'TN: PAUL E. SOST (561) 686-4433 (305) 592-1747 CONFIRMATION OF MINORITY YES/NOT A MINORITY OWNED BUSINESS NOT SUBMITTED OWNED BUSINESS SUBMITTED CONFIRMATION OF DRUG- FREE WORKPLACE SUBMITTED NOT SUBMITTED YES .IST OF FACILITIES AVAILABLE NO NO COMMENTS V-CONSENT AGENDA ITEM B-2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested Ci~ Commission Meetin~ Dates Date Final Frm:n Must be Turned in to City Clerk's Office [] laly 18,2000 [] August 1,2000 [] August 15. 2000 [] September 6, 2000 July 6, 2000 (5:00 p.m.) July 19, 2000 (5:00 p.m.) AUgaSt 2, 2000 (5~00 p.m.~ August 16, 2000 (5:00 p.m.) [] September 19. 2000 [] October 4. 2000 [] October 17, 2000 [] November 8, 2000 September 7. 2000 15:00 p.m.) September 20. 2000 5:00 p.m Octobar 5, 2000 (5:00 p.m.) October I8. 2000 5:00 p,m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans ~] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmisbed Business [] Announcement [] Presentation RECOMMENDATION: MOTION to approve the purchase of a VOLVO WE64, MODEL 2000. ROLL-OI*F REFUSE COLLECTION VEHICLE utilizing BID #013-2516-00/SP to VOLVO TRUCKS OF PALM BEACH in the amouar of $76,410.00 EXPLANATION: Procurement Services Division received a request from Public Works/Fleet Mmintenance Division to utilize previously awarded Bid#013-2516-00/SP for the purchase of an additional Roll-Off Refuse Tmck. On December 21, 1999 Commission approved ge award of Bid#013-2516-00/SP to Volvo Trucks of Palrn Beach for the purchase of three (3) roll-off refuse collection vehicles which were purchased in Fiscal Year 1999/2000. Solid Waste Division has budget provision within the Fiscal Year 2000/2001 for a Roll-Off Refuse Track to replace vehicle #77. Volvo Tracks of Palm Beach currently has a new Roll-Off Refuse Truck which has been offered to the City at the same cost of $76,410.00 as the original bid award. Prov/~ions within th~bid documents al/ow for additional quantifies'at the prices bid in the invitation. Procurement Services Division requests Commission's review, evaluation and approval. PROGRAM IMPACT: This purchase will allow for the immediate delivery of the Rotl-OffRefuse Track. FISCAL IMPACT: Funds were allocated by Solid Waste Division in the Fiscal Year 2000/2001 as follows: Account Descnotion Vehicle Replacement Account Number 501-2516-519-64-31 ALTERNATIVES: To develop bid specifications and seek new proposals. Deputy Director of Financial Services Budget $ 90.000.00 City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources cc: Chris Roberts - Public Works Robert Lee - Fleet Maintenance File S:kBULLET~OR34SkAGENDA ITEM REQUEST FORM.DOC PUBLIC WORKS DEPARTMENT MEMORANDUM To: Bill Atkins, Deputy Director of Finance Thru: - Chris Robe~ts~ From: Robert H. Lee, Fleet Administration Subj: Fleet Purchase Date: September 26, 2000 During the 99/00 budget year Fleet purchased three new Volvo WG64 Refuse trucks equipped with Galbreath Roll-Off Hoists and Hesco Quick Cover Trap systems. These units were awarded on bid #013-2516-00/SP to Volvo Trucks of Palm Beach in November of 1999, delivered to the City of Boynton Beach in February 2000 under Purchase Order #1103. Volvo Trucks of Palm Beach currently has an additional unit in their new vehicle inventory that they will deliver to the City of Boynton Beach for the same purchase price quoted on the bid. This unit has two deviations from the bid, but meets the needs of the Solid Waste Division. These deviations are noted on the support document from Volvo Trucks of the Palm Beach. Fleet is requesting the purchase of this unit. Funds in the amount of $90,000.00 are available in account #501-2516-519.64-31. With using the previous bid, Fleet will save several weeks or months in advertising and waiting for the order to be filled. Additionally Fleet will save $13,590.00 with the quoted price of $76,410.00. Current y.ear pricing has increased (June Of 2000) so if we were to re-bid, the savings would not be as great. Attch: Memo from Volvo ~ENERAL GMC TRUCK SALES & SERVICE, Inc. dba VOLVO TRUCKS OF PALM BEACH 9/26/2000 Mr, Robert Lee ~/o City of ~oynton Beach Bob, The chassis is a 2000 model Volvo WG64 same as purchased. The roll off hoist is a Galbreath out side rail only, Your last purchase was inside/outside rail. The rear suspension is a Hendrickson RT 460 in place of Volvo "T" Ride. Both are rated at 46,000 lbs. The tarp cover is Hesco System same as last purchase. All other options are the same as last purchase. The price will be the same as last purchase, $76,410.00 You are welcome co inspect this unxt at our location. VolWo Beach 360 South Military Trail * West Palm Beach. Florida 33415 · Phone: 561 - 686-8906 · FAX: 561 - 697-8429 [~equested City Commission Meetin~ Dates [] November 16, 1999 [] December 7, 1999 [] December 21, 1999 [] January 4 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date~Fffflal Form Mus~be Turned in to City Clerk's Office November 3.1999 (5:00 p.m.i November 17. 1999 (5:00 p.m.) December g; 1999 (5:00 p.m.l December 22, 1999 (5:00 p.m.) Meeting Dates [] January 18. 2000 [] February I. 2000 [] February I5,2000 [] March 7, 2000 Date Final Form Must be Turned in to City Clerk's Office January 5, 2000 (5:00 p.m.) January 19, 2000 (5:00 p.m.) February 2, 2000 ($:00 p.m.) February 16,2000 (5:00 p.mo NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] ConsentAgenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: A motion to award the bid for "PURCHASE OF THREE (3) ROLL-OFF REFUSE COLLECTION VEHICLES/V/ITH THREE (3) TRADE-INS" to Volvo Trucks of Palm Beach. in the amount of $229,232.00. "PURCHASE OF THREE (3} ROLL-OFF REFUSE COLLECTION VEHICLES/WITH THREE (3) TRADE-INS" - BID #013-2516-00/SP. The Tabulation Committee recommends an award be made to VOLVO TRUCKS OF PALM BEACH. of W. Palm Beach, Florida, in the amount of $229,232.00, Procurement Services requests Commission's review, evaluation and award approval. EXPLANATION: The purpose of this bid is to obtain firm pricing for the purchase of three (3) current production model, diesel powered trucks, tandem axle with roll-off hoist systems for solid waste collection, to be used in a commercial container system ~vithin the City of Boynton Beach. To be included in the proposal are three (3) trade-ins of existing fleet vehicles. On November 18, 1999. Procurement Services opened the above mentioned bid and received eleven (11) bids. In error, the number of trade-in vehicles was listed as three, when there are actually only two units available for trade: trade-in figures were adjusted accordingly. Due to funds availability, optional equipment pricing was eliminated. Recommendation is based on the extended unit price of the vebicles ~cab/chassis), roll-off hoist system ~v/tarp, the 1984 and 1986 Mack trade-ins (2 vehicles), and delivery time. Volvo Trucks of Palm Beach was a "responsible, responsive bidder who meets specifications". Robert H. Lee, Fleet Administration concurs with this request (see attached Public Works memo/0)%218). PROGRAM IMPACT: FISCAL IMPACT: BUDGET ACCOUNT #(S) 501-2516-519-64.30 (Machinery & Equipment/Vehicles) BUDGETED AMOUNT(S) $85,000.00 501-2516-519-64.31 $170,000.00 (Machinery & Equipment/Vehicle Replacement} ALTERNATIVES: / Pmcuremant Services Department Name Date City Manager's Signature City A~omey / Finance / Human Resources ~To: RECEPv D Thru: From: PUBLIC WORKS MEMORANDUM #99-218 Lana Koester, Purchasing Department Chris Roberts, Interim Public Works Director~f- Robert H. Lee, Fleet Administration ~/ Subj: Award of Roll-Off Refuse Collection Bid Date: December 2, 1999 In reviewing the tabulation sheets and t,h.e bid sheets from all the vendors, I would like to a~vard'bid #013-25i6-00/SP to, VOLVO TRUCKS OF PALM BEACH 360 S. MILITARY TRAIL WEST PALM BEACH, FL. 33415 In this bid-were units listed for trade. There were only two units for trade consideration, I adjusted the values if a vendor listed three. This bid offered various options. I did not select any of these options as funds were not available. The option dollars were removed from the quotes and only base units that were needed by Solid Waste were viewe& this put all vendors on the same page. The vendor selected was not the lowest hid, but best met the needs of the bid and offered excellent delivery time on stock units. Solid Waste has a very large demand for these units, please process the purchase order as soon as possible. With only two units being traded, I calculate the cost at $229,232.00. The three units being purchased were projected in the current budget at $255,000.00 dollars. The bid by Volvo of Palm Beach is $229,232.00, saving $25,768.00 dollars. Two units are funded from account #501-2516-519.64.31 at $152,821.34, the third unit is new to the fleet, account #501-2516-519.64.30 at $76,410.66. The two units for trade, unit #0091, a 1984 Mack MR685S, serial #1M2K127CTEM007427 with an Accurate Roll-Off hoist unit, trade value is $6,000.00. Unit #0096, a 1986 Mack MR685S, serial #1M2K127C IGM009192 with a McClain Magna Roll-Off hoist system, trade value is $10,000.00. These funds should credit back to the 501-2516-519.64.31 account in the amount of $16,000.00. PURCHASE OF THREE (3) ROLL-OFF REFUSE COLLECTION VEHICLES/ WITH THREE (3) TRADE-INS BID OPENING DATE: NOVEMBER 18, 1999 ."Offers fromthe vendors listed herein are the only offers BID OPENING TIME: 2:30 P.M. receive8 trebly ~sof the above i'eceiving date and time. BID #013-2516-00/SP All other offers submitted in response to this solicitation, if any, a[e be~ebv, rejec{ed as late" )LVO TRUCKS OIF VENDORS' SOUTHLAND EQUIPMENT CORP. ~/ULVO TRUCKS OF PALM BCH. ~ P.O, BOX 1046 360 S. MILITARY TRAIL ·BARTOW, FL 33831 Wi'PALM BEACH, FL 33415 (863) 533-9076 ',561 ) 686-8906 , PAUL G. ROSENCRANS ;)AVE STEGEMAN UNIT PRICE $6.8.,055;0.0 * $61,396.00 ~ E,XTENDED PRICE $204,165.00 $184,188.00 ROLL-OFF HoIsT SYSTEM WFFARP: ' UNIT PRICE . $..2.1.,.622.00 $20,348.00 EXTENDED PRICE $64,866.00 ~ $61,044.00 OPTIONS: EATON FULLER "AUTOSHIFT": UNIT PRICE . NO.BID~ . N/A . ....... ~ ................ ~ ................. EXTENDED PRICE N/A 'N/A ALLISON MD 3060 SERIES: : UNIT PRICE NO BID N/A EXTENDED PRICE N/A N/A ........................................... . . DELIVERY DAYS FOP, ALLISON N/A N/A HENDRICKSON HN SERIES: UNIT PRICE NO BID N/A EXTENDED PRICE N/A j '"'~ PURCHASE OF THREE (3) ROLL-OFF REFUSE COLLECTION VEHICLES/ WITH THREE (3) TRADE-INS BID OPENING DATE: NOVEMBER 18, 1999 '~'Offers fromthe verldbrs listed here~i:are the only offers BID OPENING TIME: 2:30 P.M. ~ rec~ived~fim61y aS,;Pfithe' above redeivJng date and time. BID #013-2516-00/S P '!~!J qt~er-offelrS',~iJl~mltt~ in response?to th s so c tat on, VENDORS ~ ~ "? !SOUTHLAND-EE~IPIflENT CO~RP, P.O. BOX ~046 ' ; 360 S. MILITARY T~IL BARTOW, FL 33831 .... (863) 533-90Z6 PAUL G. ROSENC~NS DAVE STEGEMAN C-R-E-D-i-T: . ONE (1)1984 MACK,uNiTMR685ScREDiT AMOUNT ~6,~0,00) ~O (2) 1986 MACK, MR685S UNIT CREDITAMOUN* .~ ........ ~.;..(~10~0.0~) EXTENDED CRED T AMOUNT ($20,000.00) ~7~ : ~$20,000.00) ............. TD~A~B D AMOUNT ~--; ~. .... $24~,03;1%00 - . - $219,232,00 NUMBER OF B D PROPOSALS - SPECIFICATION "CHECK-OFF SHEETS SUBMI~ED * YES * YES BROCHURES/SPECS FOR ROLL-OFF HOIST & TARP SYSTEM SUBMI~ED YES YES C~/CHASSIS MANUFACTURER MACK VOLVO PURCHASE OF THREE (3) ROLL-OFF REFUSE COLLECTION VEHICLES/ WITH THREE (3) TRADE-INS BID OPENING DATE: NOVEMBER 18, 1999 BID OPENING TIME: 2:30 P.M. BID #013-2516-00/SP "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time All other offers SUbmitted in response to this solicitation, if any, are hereby rejected as late" VENDORS SOUTHLAND EQUIPMENT CORP. V'OLVO TRUCKS OF PALM BCH. P.O. BOX 1046 360 S. MILITARY TRAIL BARTOW, FL 33831 l/V, PALM BEACH, FL 33415 (863) 533-9076 561) 686-8906 PAUL G- ROSENCRANS DAVE STEGEMAN CAB/CHASSIS MODEL RD688S WG64 ROLL-OFF HOIST MANUFACTURER MCCLAIN E-Z PACK GALBREATH ROLL-OFF HOIST MODEL MMH60T-IO U5-OR-174 TARP SYSTEM MANUFACTURER ' B & B HESCO TARP SYSTEM MODEL ROC230 E-Z COVER ANTI-KICKBACK AFFIDAVIT SUBMI'I3-ED YES YES CONFIRMATION OF MINORITY FORM SUBMITTED/NOT A OWNED BUSINESS SUBMITTED NO MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE SUBMITTED YES YES COMMENTS *SEE NOTATIONS *SEE NOTATIONS EXCEPTIONS DETAILED SPECS WARRANTY INFO WARRANTY INFO PRODUCT BACKUP PRODUCT BACKUP Requested City Commission Meeting Dates -"] July 18,2000 [] August 1,2000 [] AuguSt }5,2000 [] September 6. 2000 V-CONSENT AG ENDA ITEM B-3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Mus[ be Turned in to Citw Clerk's Office July 6, 2000 (5:00 p.m.I July 19,2000 (5:00p.m August 2, 2000 (5:00 p.m.) August 16, 2000 (5:00 p.m.) Requested City Comannission Meeting Dates [] September 19 200( [] October 4. 2000 [] October 17. 2000 [] November 8.2000 Date Final Form Must be Turned in to Ciw Clerk's Office September 7, 2000 5:00 p.m.) September 20. 200( (5:00 p.m.) October 5. 2000 (5:00 p.m.) October 18. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Pubtic Hearing [] Legal [] Bids [] Unfinished Business [] Am~ouncement [] Presentatmn RECOMMENDATION: Motion to approve the purchase of five ¢5) utility bodies in the amount $17,725.00 from RAYSIDE TRUCK & TRAILER, Bid #039-2516-00/K1L EXPLANATION: On March 16, 2000, Procurement Services opened Bid #039-2516-00/KR. Rayside Truck & Trailer of West Palm Beach, Florida was determined to be the most responsive, responsible bidder who met all specifications. Therefore, the bid was awarded to Rayside at the Commission meeting held April 18, 2000. PROGRAM IMPACT: According to the Terms and Conditions of Bid #039-2516-00/KR, proposed prices are guaranteed for a one year period. Since this bid will not expire until April 18, 2001, Rayside Truck & Trailer has agreed to honor his prices for this additional purchase; all specifications of the utility bodies are the same as the previous year. Chris Roberts. Interim Public Works Director and Bob Lee, Fleet Administrator concur with this additional purchase (see attached Memo g00-168). FISCAL IMPACT: BUDGET ACCOUNT # EXPENDITURE Vehicle Replacement Account #501-2516-519.64-31 New Vehicle Account #501-2516-51-.64-30 $ 14;180.00 $ 3.545.00 (4 Utility Bodies) (1 Utility Body) TOTAL $ 17,725.00 ALTERNATIVES: D~puty Director of Financial Services ~txue Ctty Attorney / Fmance / Human Resources S:\BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOG CC: Chris Roberts, Interim PublicWorks Director Bob Lee, Fleet Administration To: Thru: From: Subj: Date: PUBLIC WORKS DEPARTMENT MEMORANDUM E ' Bill Atkins, Deputy Director of Finance Chris Roberts, Interim Director of Public Works Robert H. Lee, Fleet :Administration.. Utility Body Purchase October 2, 2000 During budget year 99/00 Fleet had purchased several Reading Space Saver Utility Truck Bodies from Rayside Truck & Trailer on bid #039-2516-00/KR. The new Fleet Budget for 00/01 will require five (5) of the Space Saver Bodies, to be mounted on 2001 Dodge ~A Ton Heavy Duty Chassis. This is the exact specifi~on as last budget year. As~you can see froze attachment, Rayside Truck & Trailer with. approval from Reading Corporation will honor the pricing from bid #039-2516-00K/R for the Space Saver Body, removable Ladder Rack and Recessed Bumper. The bid price installed for this combination is $3545.00 each unit. Seeing that this bid is still current, less than twelve (12) months old, Fleet would like to make additional purchases from this bid and purchase five (5) more of these bodies. Monies have been approved in the Fleet vehicle replacement account #501-2516-519.64-31 for four (4) units and one (1) in new vehicle account #501-2516-519.64-30. Attch: Memo from Rayside Quote from Rayside ~%~-2000 08:13 ~Rayside Truck & Trailer Gold-Fax Message Page 1/2 Fax To: Company: Address: Fax Number: BOB LEE CITY OF BOYNTON BEACH 7426211 From: Pax Number: Voice Phone: ROY BEESLEY 561-965-7998 561-433-0461 EXT. 15 Date: Time: Pages: Subject: 2-0CT-2000 08:14:00.04 08:14 2 THANK YOU FOR THIS 0PPERTUNITY TO DUE 5 MORE UNITS FOR YOUj READING WILL HOLD PRICING ON THESE FIVE ONLY PLEASE LET US KNOW IF WE CAN DO ANYTHING ELSE FOR YOU THANKS~ ROY Message: 2-OCT-2000 08:27 G~ld-~ax Message Page ~2 Q U O T E QUOTE: 105604 Curt. Date: 10/02/00 Cust. PO: .9 / BOB LEE Quote Date: Terms: nec 30 Good Thru.: Ship Via: CDO / CPU Sls Rsp/OT 103 103 Cu$~ Ref: Page 1 : "~ 298a S. ,M~|ltaiTy Trad. West Palm Beach, FL3~4~ .e~9207 ~,orte (361) 96:~-%15~t'~ (954} 428-3722 FAX (56i) 965-7998 A/C No: 3200 3200 CiTY OF BDYNTON BEACH PO BOX 310 Boynton Beach FL 33435 Contact : Phone No: 561-742-6200 Ehi? ~o: Make: CITY OF EOYKTON BEACH Model: PO BOX 310 Year: CA"/WB": 56 ~oyn~on Beach FL 33435 Lic_Ne.: ~ob Oesc/ Co~men~ Odometer: 98" UTILITY BODY.,OLR-S~ Mfg~ ?Ref: ~IN No.: Part Number Description Phase Quantity UOM Price RBW S98ABSW *~8" SPACEF~%KER U-BODY, INST. 12 1.00 3,295.00 PdSW OLR-SW *OVERHEAD LADDER RACK $~ 20 1.00 EA 195.00 RECESS BL~PER *EITC~ PLATE, 3 HOLE STEP 203 1.00 EA 55.00 Extended 3,295.00 lB5.00 55.00 Items:203 Sub Total Sales Tax Amount Due 3,545.00 O.OO 3~545.O0 Print Name Date Accepted X Accepted By Requested City Comm/ssion Meeting Dates [] March 2 L 2000 [] April 4, 2000 [] April 18~2000 [] May 2. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Datt Final Form Must be Turned in to City Clerk's Office March 8.2000 (5:00 p.m. March 22, 2000 (5:00 ~.rn.) April 5. 2000 (5:00 p.m.) April 19. 2000 (5:00 p.m.) Requested City Commission Meefin~ Daces [] May 16. 2000 [] lune 6. 2000 [] June 20. 2000 [] July 5, 2000 Date Final Form Must be Turned in to City Clerk's Office Ma3 3, 2000 (5:00 p.m.i May 17, 2000 (5:00 p.m.) June 7, 2000 '5:00 p.m.~ June 2I. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administzative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Busmess [] Announcement [] Presentation RECOMMENDATION: Motion to award Bid #039-2516-00/KR, "PURCHASE AND INSTALL SIX (6) UTILITY BODIES AND TWO (2) TRUCK MOUNTED HYDRAULIC CRANES", to Rayside Truck and Trailer. in the amount of $61.701.00. EXPLANATION: On March 16. 2000. Procurement Services opened three proposals for the above mentioned bid. All proposals were reviewed and it was determined that Rayside Truck and Trailer of West Palm Beach. Florida is the most responsive, responsible bidder who meets all specifications. Fontaine Truck Equipment Company is the lowest bidder but is unable to meet all specifications; therefore, we are requesting the bid be awarded to Rayside Truck and Trailer. Robert Lee. Fleet Administrator, concurs with this recommendation (see attached Memo #00- 052). PROGRAM IMPACT: The purpose of this bid is for the purchase and installation of six (6) Utility Truck Bodies and two (2) truck mounted Hydraulic Cranes along with the installation of a Class IV Hitch. frame mounted to the 17,500 lbs. chassis of one of the vehicles. FISCAL IMPACT: BUDGET ACCOUNT #501-2516-51-.64-31 Machinery & Equipment/Vehicle Replacement VEHICLE ITEM ON BID ACTUAL COST TOTAL AMT. (OVER)/UNDER EXPENSE PER BID BUDGETED BUDGET One New Utility Body # 1 and Crane #I $ 55,043 $ 24.676 $ 45,000 ($10,043) #144 Crane #2 44,640 18,100 40,000 ( 4,640) Five New Five Utility Bodies 97,550 18.925 121,500 5,025 BID AWARD AMOUNT $ 61,701 The deficit in the replacement account will be funded through the Reserve for Vehicle Replacement. S:LBULLETIN~FORMSk4,GENDA ITEM REQUEST FORM.DOC VENDOR ~ 2%8~ TO: RAY~ IDE TRUCK £g83 S MILITARY WEST PALM CITY OF BOYNTON BEACH, FLORIDA PURCHASING DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 , BOYNTON BEACH. FLORIDA 33425-0310 TRAILER I b,r C, FRAIL ~ATE~EQUISITION WANTEDNO'8 8! D - ' '~B~D ~ m ~ ORDERING NO. DEPARTMENT r.D. :~ SHiP TO: CITY QE BCYbrTQN BEACH VWUt~L~ H ~ I ~,r TEI,[ A~.~ CE £Z2 NE ~TH AVEr, ruE ~QYNTQbI 8EACH. FL ~3435 .... F.O.~ · ~C ~EACH . VED FL ~ ~blE~ EXTEND ifC. ~lJANTIT~ UOM v~-~ n~n~r,.'v ~m~ iTEM biO. UNiT COST 1.0O EA INSTALL UTILITY 8QDY & CEANE Db[ blEW VEHICLE Z~.676. i 1.~30 _~..r~ I~c, mAr'.,~. .__ CRANE ~Q~u-ZS!6-00/KR~. COMMISSION APPRCVED D~,,-'iS,'3O ~- 5,3!-2£'!6-£'!9-84-31 FINANCE DEPARTMENT ] / FLORIDA STATE SALES TAX EXEMP~qON CERTIFICATE NO. 60-04-116451-54C THE CITY OF BOYNTON BEACH IS EXEMPT FROM =EDERAL EXCISE TAXES: WHERE TAX APPLIES iNVOICE MUST SHOW GROSS PRICE. AMOUNT OF THE TAX. NET PRICE EXEMPTION CERTIFICATE WILL SE FURNISHED UPON REQUES[ PRO/EST FQ TOTAL 6i ,TO!. ~ANTINSTRU~ONS [ 1 REaR ~EPARATE INVOICE MPO OR' DER OR EOR EACH SH PMENT OUR PURCHASE ORDER NUMBER MUST AP- iMMEDIA~LY FO~OWING SHIPMENT. P~R ON ALL PAC~GES, ~CK~S, INVOICES. 2 PREPAID FREIGHT CHARGEABLE RNANCED~A~ 3 INVOICES AND STATEMENTS SUBJE PUBLIC WORKS MEMORANDUM #00-052 To: Thru: From: Sub j: Bill Atkins, Deputy. Director of Finance Chris Roberts, Interim Directory of Public Works Robert H. Lee, Fleet Administration ~k Bid #039-2516~00/KR Date: March 30~ 2000 Reviewing bid #039-25I 6-00/KR; purchase and installation of six (6) Utili .ty Truck BodieS and two (2) Truck Mounted Cranes, I would like to award the complete bid to RaYside Truck & Trailer in the amount of $61,701.00. Rayside Truck &Trailer has the second best~quote for the complete bid. I did not select Fontaine Truck Equipment Co., for any portion of the bid, the bid requested a specific type of Utility Body with a "topside tool compartment,. In talking with Mr. William Coyne of Fontaine Truck Equipment Co., he did not bid this style body. Fontaine does offer this type of Utility Body but failed to bid it. The two (2) Truck Mounted Cranes will be placed on one new and one existing vehicle. The new vehicle is a replacement for unit #172, assigned to Utilities Public Water Maintenance. This vehicle will receive Utility Body gl, with a Crane. Budgeted monies are $45,000.00. Projected cost of this vehicle is $55,043.00, over budget by $10,043.00. When state contracts were posted after the start of the fiscal year, the cost overruns were noted, but it was felt that it was best to build a unit that truly meets the user needs. Funding for this unit, Fleet account #501-2516-519.64-31. The ~ $26,540.O0,with the addition ~ year to Utilities, will for this unit is at are ~-~ BID AWARD TO RAYSIDE TRUCK & TRAILER B~LL ATKINS, DEPUTY DIRECTOR OF FINANCIAL SERVICES MARCH 30, 2000 / Robert H. Lee. ' PURCHASE AND INSTALL SiX (6) UTILITY BODIES AND TWO (2)TRUCK MOUNTED HYDRAULIC CRANE~ **SECOND LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDEg ~HO ME~TS AL~ SPECIfICAtIOnS "Offers from the vendors listed herein are Ihe only offers BID OPENING DATE: MARCH 16, 2000 receive~ timely as of Ihe above receiving date and lime. BID OPENING TIME: 2:30 P.M. AIl other offers submilted in response Io this solicitation, BID If: 039-2516-00/KR f any, are hereby rejected as late" VENDORS FON INE TRUCK EQUIP. CO,~ RAYSibE TRUCK& TRAILER STAMM MANUFACTURING 138 WEST ST. ROAD 84 2983 S. MILITARY TRAIL 4850 ORANGE AVENUE FT, LAUDERDALE FL 33315 ~VEST PALM BEACH FL 33415 FT, PIERCE, FL 34947 (954) 764-7720 [561 ) 965-7950 (561) 461-6056 ATTN: WILLIAM COYNE ~TTN: ROY BEESLEY ATTN: TOM JOHNS UTILITY BODY #1 WITH HYDRAULIC CRA~NE UNi'[ PRICE.- UTILITY BODY $7,682.00 $6,381.00 $7,150.00 OPTIONS: Class IV frame mounted hitch assembly $225.00 $220.00 $250,00 Removable Ladder Rack $250.00 $195.00 $375.00 UNIT PRICE - HYDRAULIC CRANE $14,295.00 $13,705.00 *$15,824.00 OPTIONS: Power boom extension to 20 fi. INCLUDED $285.00 N/A Outriggers with hydraulic out]down $4,000.00 $3,890.00 $4,000.00 EXTENDED PRICE FoR ONE (1) : r LITILITY BODY # I WITH CRANE $26,452.00* $24,676.00 $27,599.00 AND OpTiONS UTILITY BODy #2 QUANT TY (3) UNIT PRICE ' EACH $2,390.00 $3,350.00 $3,300.00 EXTENDED PRICE (3) $7,170.00 $10,050.00 $9,900.00 PURCHASE AND INSTALL SIX (6) UTILITY' BODIES AND TWO ('2) TRUCK MOUNTED HYDRAU.LIC CRANE MARCH 16, 2000 "Offers from the vendom listed herein are the only offers received timely as o! Ihe above receiving date and lime. All olher offers submitted in response to this solicilalion, if any, are hereby rejected as late" VEND(~RS· :r ''.~ - , FONTAiNE TRU~K::EQUiP. CO. RAYSIDE TRUC. I~;'[:[~; II~ER ~TAMM MANUFACTURING ' ' ..... 138 WEST ST.'i~0AD 8~ !983 S. MILITARY TRAIL ~850 ORANGE AVENUE · FT. [AUDERDALE; FE-3'33'15 (954) 764-7720 ~ ...'. (561) 965-7950 ',561) 461-6056 '- ATTN: WILLIAM COYNE AFl'N: ROY BEE. SI~EY ~ ~,TTN: TOM JOHNS OPT ONS: EACH THREE (3) E~ACH THREE (3) EACH THREE (3) Removable Ladder Rack $250.00 $750.00 $195.00 $585.00 1375.00 $1,125.00 '. ;row Packag.ej - Exchange Class V hitch (credit) ---, ...... $0.00 $0.00 Mod ficat on toex st ng hitch .......... $0.00 $0.00 EXTENDED PRICE FORTHREE(3) ,$0:00 $0.00 JTIL TY BODIES #2 ~WI'TH OPTIONS $7,920.00' $3 545,001 $3,675.001 UTILITY BODY #2, Q~ANTITY (2) $10,635.00 $11,025.00 ~INiTPRiCE-EACH~ ........ ~ ~i '~ $2,3~gO.00 $3,350.00 ' $3,300,00 X ' ': ' ' 0 . E TENDED PR CE (2) , · · ~ $4;78 ,00 $6.700 00 $6.600.00 OPT ONS .... EACH ........... ~O"(~)~' ~E-AC~- TWO (2) EACH TWO (2) Pipe.Rack(for irfig~t!.or~ wCrk..). ~ $1,200,00 $1,400.00 S795.00 $1,590.00 $1,150.00 $2 300.00 To~ paqkege~ 'Leave dl~ss V-hit~h Exchange Class IV hitch (credit) .......... $0.00 $o.oo, New/Replacem?nt hitc~ ' ' · ---~--:-;-. $0-r~0b - ' $0.00 I''~ ~odificati(~n (d~ittng~l~it~h' ' · ...... ~,- - .~ -~_,' ,-' :, ~ ~:,.:~" ,$o~oo-. :.: .--'~: ~ $o.oo PURCHASE AND INSTALL SIX (6) UTILITY BODIES AND TWO (2) TRUCK MOUNTED HYDRAULIC CRANES BID OPENING DATE: MARCH 16, 2000 BID OPENING TIME: 2:30 P.M. BID #: 039-2516-00/KR "Offers from Ihe vendors listed heroin am the only offers received timely as of the above receiwng dale and time. All other offers submitted in response to this solicitation, if any, am hereby rejected as lata" VENDORS FONTAINE TRUCK EQUIP. CO. RAYSIDE TRUCK & TRAILER ~TAMM MANUFACTURING ' 138 WEST ST. RoAD 84 2983 S. MILITARY TRAIL 1850 ORANGE AVENUE FT. LAUDERDALE, FL 33315 ~/EST PALM BEACH, FL 33415 :T. PIERCE, FL 34947 (954) 764-7720 I561) 965-7950 561) 461-6056 A'FI'N: WILLIAM COYNE ~TTN: ROY BEESLEY ~TTN: TOM JOHNS I::X1 ENDED PRICE FOR TWO (2) UTILITY BODIES #2 WITH OPTIONS $7,180.00' $4,145 $8,290.00 $4,450.00 $8,900.00 HYDRAULIC CRANE//2 UNIT PRICE $14,294.00 $13,705.00 $15,824.00 NOTATION OPTIONS: Power boom extension to 20 ft. INCLUDED $13,705.00 , N/A NOTATION Ouriggers with hydraulic ou~down $4,000,00 $285.00 $4,000.00 ", Tow Package: ,Leave Class IV hitch ~ Exchange Class IV hitch (credit) .......... $0.00 $0.00 New/replabement hitch .......... $220.00 $0.00 Modification Io exiting hitch - ......... $0.00 $0.00 E~u=NDED PRICE: ..... : HYDRAUL C CRANE W TH OPT ONS 18,294.00' $18,100.00 $19,824,00 tOTAL BID AMOUNT: $59,846.00 $61,701.00 $67,348.00 CALENDAR DAYS FOR DELIVERY ~ BLANK 70 DAYS 90 DAYS PURCHASE AND INSTALL SIX (6) UTILITY BODIES AND _TWO "Offers from the vendom listed heroin am the only offers BID OPENING DA~E~ MAR~CH 16, 2000 received timely as of the above receiving date and time. BID OPEN NG T ME: 2:30 P.M A, other offers submitted in response to Ihis solicitation. BID#: 039-2516~00/KR if any. are hereby rejected as late" VENDORS ...... FONTA1NE TRUCK EQUIP. CO. RAYSIDE TRU~K &'TRAILER STAMM MANUFACTURING ~' ~ 138 WEST ST. R~Ab ~4 2983 S. MILITARY T~IL 4850 O~NGE AVENUE ~ ~; ;L ~ _.~ , FT. ~UDERDAL~, F~ 33315 , WEST PALM BEACH, FL 33415 FT. PIERCE, FE34947 ~ . (954) 764-7720 , ~ (561) 965-795~ ~ (561) 461-6056 : . , .r~ ~,~ S A~N W LLIAM~OYNE ' A~N ROYBEESEEY ' A~N: TOM JOHNS NUMBER~F BI~ PROPOSAL - "~EA~'K ' ....... 3~ ............... 1 ........ suBMt~EO .~ .~ ~ C C OF" SPECIFICATIOn. ,~,HE~ K~ .E:~. ~- YES ~ YES YES/NOTATiO-NS SH~TS SUBM ~ED ~= ~ UTI[I~ BODY ~1 MANUFACTURER ..... AUTO C~NE ~ READING DANZER MO~RiBO~ FOR FOR~~F450 UTI[I~ BODY ~ MODEL 36K RBW 132ABDW SCB~3~D~'O'~ FOR CLASS IV HI~CH MAN~FAC~U~EE PUTNAM ~YSIDE TRUCK & T~ILER REESE ~PE FORFOED F~50 '~ ~ '~, CLASS IV HITCH MO~EL C54 RES 108DW SRI01 FoR FORD F450 ' ' ~ VENTU~ . o uuc MANUFACTU E . AUm C N UFTUOORE FOR'F6 D F4'S0 HT40~ MODEL .... _~ --. ~ 6006H LFT 3660X-20 ~ U~ILi~BODIES ~2 ;M~NU FAC'TURER FOR D~ODGE P/U ~U~KS .... ~ KNAPHEIDE READING DANZER MORRISON UT'ILI~ BODIES ~2MODEL .......... FOR DODGE P/U TRUCKS 796J1 RBW U598ABSW S96CZ PURCHASE AND INSTALL SIX (6) UTILITY BODIES AND TWO (2) TRUCK MOUNTED HYDRAULIC CRANE~ " from the in are lhe nly Offers vendom s ed here o offers BID OPENING DATE MARCH 16, 2000 received limely as of lhe above receiving date and lime. BID OPENING TIME: 2:30 P.M. ^, olher offers submitted in response lo'this sollcttalion. BID #: 039-2516-00/KR if any. are hereby rejecled as lale" VENDORS FONTAINE TRUCK EQUIP. CO. ,,.. ~RA.¥SIDE TE. UCK & TRAILER STAMM MANUFACTURING i38 WEST ST ROAD 84 2983 S. MILITARY TRAIL 4850 ORANGE AVENUE FT. LAUDERDALE, FL 33315 WEE~T PALM BEACH FL 33415 FT. PIERCE, FL 34947 (954) 764-7720 (561) 965-7950 1561) 461-6056 ~ATTN: WILLIAM COYNE ATTN: ROY BEESLEY A'I-I'N: TOM JOHNS HYDRAULIC CRANE #2'MANUFACTURER FOR GMC 3500 CHASSIS AUTO CRANE LIFTMOORE VENTURO HYDRAULIC CRANE #2 MODEL FOR GMC 3500 CHASSIS 6006H LFT 3660X-20 HT40KX ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES CONFIRMATION OF MINORITY I OWNED BUSINESS SUBMITTED YES/NOT NOT SUBMITTED YES/NOT CONFIRMATION OF DRUG-FREE WORKPLACE SUBMITTED YES YES YES COMMENTS *INDICATES SUB-TOTALS ONLY 1 PROPOSAL SUBMII II=u SEE NOTATIONS BROCHURE ENCLOSED BIDDER ACKNOWLEDGEMENT Submit Bids To: Mailing Date (City): Bid Title: Bid Number:. Project Number: Bid Received By: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-03 I0 Telephone: (561) 742-6322 JanuarY 27, 2000 "PURCHASE AND INSTALL SIX (6) UTILITY BODIES AND TWO (2) TRUCK MOUNTED I-IYDRAULIC CRANES" 039,-2516-00/KR MARCH 16, 2000, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened ip Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: March 16, 2000, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Area Code: ~'G [ Telephone Number: Mailing Address: City/State/Zip: Vendor Mailing Date: Authorized Signature ~ Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 13 SPECIFICATIONS FOR PURCHASE AND INSTALL SIX (6~ UTILITY BODIES AND TWO (2] TRUCK MOUNTED HYDRAULIC CRANES The City of Boynton Beach Public Works Deparunent is looking to purchase and have installed six (6) Utility Truck Bodies and two (2) truck mounted Hydraulic Cranes. These umts will be installed on three new true.ks currently on order and for one unit curn,natly m service. AIso, a Class IV Hitch, frame-mounted to the. 17,500 lbs. chassis of oneofthe above notedvehicles. Please place an ,(X) on :the blank tine next to each item if a specification is met. If exception is taken (al!,ernati~&s), bidder mUSt explain using a separate sheet of paper. Bidder must submit specifications "check-off'' sheets ,(Pages 3-~) ~ the proPosal sheet in order for a bid ,to be considered. UTILITY BODY #1 QTY. ! Purchase and installation of one (1) utility body for a 2000 Ford F450 Chassis-cab, diesel powered, single axle, dual wheel, 17,500 lbs. GVWR, 4X4. This truck has a minimum 165.0 wheel base and 84 CA. The utility body will have the standard compartment configuration and will need to have structural reinforcements to support the addition of a 6000g crane. The utility ,body installed on the 17,500 lb. chassis will also be equipped with a removable ladder rack. standard deck plate bumper with recess is requested if outrigger configuration permits. Purchase and installation of a Class Ur' frame-mounted hitch assembly to be mounted by the vendor awarded the bid of the utility body. HYDRAULIC CRANE #1 QTY. 1 Purchase and installation of a 6000# capacity hydraulic crane. Hydraulic crane to be mounted on the right side of Utility Body gl (as noted above~. Crane is to have a 360 degree continuoUS power rotation. Power boom extension of 16 feet with optional pull out of 20 feet. Outriggers with hydraulic out, hydraulic down. THIS PAGE TO BE SUBMI].'I'ED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTILITY BODY #2 OTY. 5 Purchase and installation of five (5) utility bodies for five (5) 2000, Heavy Duty 3/4 ton, Dodge P/U tracks. Cargo bodies remOVed by .the' manufacturer, leaving.just the cab and chassis with a 55" CA. Each body will be comparable to the Reading Spacemaker Service SerieS, Model S98SW or equal. Tht:ee ifistall~d/util/ty, bodies VCiH: . Each of these tracks is equipped With a trailer tow package and must remain operational for towing emergency equipment. If these Class IV frame mounted hitches cannot be used with these bodies, please quote the needed changes and costs associated with making these bodies operational for towing emergency equipment. ~e: Each unit will have a rear standard deck plate bumper with recess. HYDRAULIC CRANE #2 OTY. 1 }q Purchase and installation of one (1) 6000# capacity hydraulic crane to be mounted on a 1999 GMC 3500 Chassis cab, dual wheel, 4X2 With a 15,000 lb. GVWR, ~c This unit has an existing utility body, Reading Model #108GADWC, Serial g484532, that is reinforced for installation of a 6000# crane. ~' Crane to be mounted on the right side of the utility body. Crane is to have a 360 degree continuous power rotation. Power boom extension to 16 feet with optional pull out to 20 feet. Crane shall have outriggers with hydrat~lic out, hydraulic down. This unit is also equipped with an existing frame mounted trailer hitch. The hitch on this unit is to remain as a serviceable unit, but if it cannot be adapted to the requested configuration, please quote the cost of an installed replacement hitch. THIS PAGE TO BE SUBMIrtED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: The undersigned declares that he has carefully, examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered: Attach a separate proposal sheet for each. The undersigned proposes to deliver the equipment m accordance with the specifications for the sum off PURCHASE. AND~ INSTALL SIX (6~ UTILITY BODIES AND TWO (2) TRUCK MOUNTED' HYDRAULIC CRANES: UTILITY-BODY #1 WITH HYDRAULIC CRANE,: (2000 Ford F450 Chassis-cab, diesel powered, single axle, dual wheel, 17,500 lbs. GVWR, 4X4) OTY. 1 UNIT PRICE.: (Utility Body) OPTIONS: Class IV frame-mounted hitch assembly s Removable Ladder Rack UNIT PRICE: (Truck Mounted Hydraulic Crane) OPTIONS: Power boom extension to 20 ft Outriggers with hydraulic out/down EXTENDED PRICE (UTILITY BODY #1 WITH CRANE AND OPTIONS) THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 14 PROPOSAL continued ..... UTILITY BODY #2 (2000 Heavy Duty % ton, Dodge P/U trucks) UNIT PRICE: . $ (Ex: Reading Spacemaker Service Series/S98SW) OPTIONS: Removable. Ladder Rack ~ ~::). oo EACH $. l ~L~'.c~ EACH QTY. 3 s lO, EXT; Pg. ICE (3) EXT.PRICE (3) Tow Package: Leave frame mounted Class IV hitch -or- Exchange Class IV hitch (Ct~Drr) New/replacement hitch Modification to existing hitch $( c~.co EACH $ o EACH $ O · oo EACH EXTENDED pRICE: $ ~ (UTILITY BODY #2 EACH WITH OPTIONS $( O · oo ) EXT. PRICE (3) $ oo $ 0.oo EXT. PRICE (3) $ lO./o ~.c~ EXT. P UCE O) UTILITY BODY #2_ (2000 Heavy Duty % ton, Dodge P/U trucks) (Ex: Reading Spacemaker Service Series/S98SVO OPTIONS: Pipe Rack (for irrigation work) EACH $ '~cl~'c~ EACH EXT. PRICE (2) EXT. PRICE (2) Tow Package: Leave frame mounted Class IV hitch THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 15 PROPOSA~ conUnued.. Exchange Class IV hitch (CREDIT) New/replacement hitch Modification to existing hitch $ ( opo EACH $ EACH $ EACH $( o .oo ) EXT. PRICE (2) $ EXT. PRICE (2) $ ~, OO EXT. PRICE (2) EXTENDED PRICE: $ ~11 q ~ .~o (UTILITY BODY#2 EACH WITH OPTIONS EXT. PRICE HYDRAULIC CRANE #2 (1999 GMC 3500 chassis cab, dual wheel, 4X2 with a 15,000 lbs. GVWR. Utility Body Reading Model ~i08GADWC, Serial g484532.) UNIT PRICE: OPTIONS: Power boom extension to 20 ft. Outriggers' with hydraulic out/down Tow Package: Leave frame mounted trailer hitch Exchange hitch (CREDIT) New/replacement hitch Modification to existing hitch EXTENDED PRICE:_ (HYDRAULIC CRANE WITH OPTIONS) QTY. 1 $( o.oo $ ~. oo $ 19 I00.°a I oo TOTAL BIDAMOUNT THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 pROPOSAL continued ..... ALL PRICES F.O.B. BOY'NTON BEACH Number of Bid Proposals submitted BODY ACa Va u FOR FORD F450 . . CLASS IV HITCH MANUFACTURER FOR FORD F450 · HYDRAULIC CRANE #1 MANUFACTURhK FOK FJ21~ F450 . tn~i'~i~oDms#2 ~,~tWAC~tt FOR DODGE P/U TRUCKS HYDRAULIC CRANE #2 MANUFACTU-RI~I( FOR GMC 3500 CHASSIS COMPANY NAME TELEPHONE NUMBER UTILITY BODY #I MODEL t,~v ~¢~X -,20 HYDRAULIC CRANE #1 MODEL UTILITY BODY #2 MODEL HYDRAULIC CRANE #2 MODEL 0 SIGNATURE PRINTED NAME TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or,by an officer of the corporation. Swom and subscribed before me this ~ day of ~'~.-~. , 20 tf'~ Printed Information: NAME~' COMPANY Tm'g PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 CONFIRMATION OF DRUG-FREE WORKPLACE ~-- IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplac.e programs. Whenever two or more bids which are equal with respect to prim, quality, and servaee are raceived by the City of Boyntun Beach or by any political subdivision for the commodities or contractual services; a bid received from ~--ug- free distribution, in the workplace and of such prohibition. 2) Inform employes aboutt business's policy of .rehabilitation,' and upon employees for drug abuse violations. 3) Give each employee engage&in pwviding the commodities or contractual services that are under ~d a copYof the statement specified in subsectiun (1). 4) In the statement specified in~ subiection (1), notify the employee that, as a condition of commodities or enntractual services that are under bid, the employee will and will notify the employer of any conviction of, or plea 5) five (5)days after such convictiun. who is so convicted. 6) Make a good faith effort to implementation of this section. violation of Chapter 893 Or of any controlled substance for a violation occumng in the workplace no later than participation in a drug abuse assistance or the employee's community by, any employee continue to maintain a drug-free workplace through As the person authorized to sign the statement, I certigy that th~~firm complies fully with the above requirements. ~'~ ~ (]~n~ THIS PAGE TO BE sUBMITTED ALONG Wi'I'll PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 2O Requested City Comm/ssion Meeting Dates [] July 18. 2000 [] August 1,2000 [] August 15, 2000 [] September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORN! Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p.r~) July 19, 2000 (5:00p.m.) August 2,.2000 (5:00p.rn.) August I6, 2000 (5:00 p.m.) Requested City Corcznission Meetine DateS [] September 19, 2000 [] October 4, 2000 [] October 17, 2000 [] Nov~rnber8, 2000 V-CONSENT AGENDA ITEM B-4 Date Final Form Must be Turned ~n to Cit,/Clerk's Office September 7. 2000 5:00 p.m.j September 20, 2000 (5:00 p.m · October 5, 2000 (5:00 p.m.) October 18. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Armouncemem [] Presentation RECOMMENDATION: A Motion to award the bid for: "ANNUAL CONTRACT FOR DRY CLEANING OF POLICE UNIFORMS" BID#098-2111-00/CJD to: GREEN TREE DRY CLEANERS of Boynton Beach. Florida. for an annual expenditure of: $16,000.00. CONTRACT PERIOD: NOVEMBER 29, 2000 TO NOVEMBER 28, 2001 EXPLANATION: On September 26, 2000, Procurement Services received and opened six (6) bids for the "ANNUAL CONTRACT FOR DRY CLEANING OF POLICE UNIFORMS". After review of the Six (6) proposals, it is the Police Department's recommendation to reject the low bid of Boynton Beach Discount Cleaners, as they were not responsi*e. One of the specifications read "location convenience" would be taken into consideration when awarding the dry cleaning service. Boynton Beach Discount Cleaners ~s not within City limits. Therefore. their recommendation is to award this service to Green Tree Dry Cleaners as they are located within the City limits and their bid was a responsive, responsible bid and meets ail specifications. Michael Munro Bureau of Support Services/Police Department concurs with this recommendation (see attached memo). PROGRAM IMPACT: The purpose of this bid is to establish prices for a period of one (1) year with a qualified commercial dry cleaner for the dry cleaning, minor repairs and alterations of Police Uniforms on a weekly basis for 140 uniformed police officers per their contract. FISCAL IMPACT: Funds are availabIe in the following account: ~ Accountg: ~ Contractual Services 001-2110-521-34.I1 $16,00516,000.0~ ~.,/~,~L.~~.0 Dry Cleanin~ .... ~ ~'-I~e~t~ Director of Financial Services ~-Manager's Signature Procurement Services Deparrmem C: Mike Munro - Police Deparrmem File S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources TO: CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM Carol Doppler DATE: 10-$-00 FILE: FROM: Procurement Services Michael L. Munro SUBJECT: REFERENCES: ENCLOSURES: Bid # 098-2110-00/CJD Dry Cleaning Bid. It is the Police Department's recommendation to reject the low bid of Boymon Beach Discount Cleaners As they were not responsive. One of the specifications, "loCation convenience" would be taken into consideration when awarding the D~y cle ~a!~)ng ~ic~<Boynton ~q~,~S, coant Cleaners is not within City limits. Theref6~,~ 6ur recOmmendation is to awarcl~this ~servme to G/ceen'Tfee D_~_ C!e.ar?~s.as they are bcated within the City limits and their bid was a responsive,, reSP, onsible bid: and-~meets al'l spec/fications. We have been doing business with Green Tree Dry Cleaners for a number of years and have been pleased with their service. OCT 4 ~00 p~.~OFFICE t)ll) ~,pE{?IFIt"A'I'IO,NS (~ONI'INU~'-D ~' Yl~ GP, EENTREE OR¥ CL~I~S BDYN)ON B~CH Dry clealling Sewing Bt~tton.t $cwitl)l toni patches Sewing any ~.nd all damaged areas-open~, ~. sg,~ zippers. Rcpl~:mg buttons/supplied by the City. Sewing hems, ~akc in waists ~d s|eeves. Altcrafons wig. not bc allowc,.t without the express written pem~lssion fi'om the SuppOrt Se~icc Adp~inistrator or h~s/ber designee. Unauthorized u. nifoml alterations will bc at ale ttacbwdual office~ · expense and shall not be included on the regular d~ cleaning invoice. l'hc Po}ice Department wilt no'( ~sume payment tb~ a~m~morizcd unil~m~ ~tcrations. If there are airy questions concerning this quotation, please contact Michael Munro, Boynton Beach police Department, at (561~ 742-6102, 8:00 A.M. to 4:00 P.M.. Monday tbrou(lh Fridny. Tiffs P~.G£ TO BE $1.;B~tlTTED/~LONG WITH PROPOSAL IN ORDER RESPONSIBLE RESPONSIVE BIDDER W~O ~gETS ALL SPECIFICATIONS***** Atkins, Deputy Director of Financial Svces. Michael Munro, Bureau of Support Svces. ANNUAL CONTRACT FOR DRY CLEANING OF POLICE UNIFORMS "Offers from [he vendors listed herein are the only offers BID OPENING DATE: SEPTEMBER 26, 2000 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. ........ ,~,, omer offers suDmlttea, n response,, to ~ s_ol_ii~J~io_n,~ BID # 098-2110-00/CJD [ any, are hereby rejected as ate VENDORS CAROUSEL CLEANERS BOYNTON COMET CLEAN'ERS GI~ EEN TREE DRY'CLEAN-ERS 1660 S. CONGRESS AVENUE 212 S. FEDERAL HIGHWAY 3517 WEST BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33426 BOYNTON BEACH, FL 33435 BOYNTON BEACH, FL 33436 ATTN: ANTHONY PEPE ATTN: STEVEN WEINFIELD ~,TTN .HAMID B~ BHATTI 561-740-3007 561-732-9783 561-736-2260 1 UNIFORM SHIRT DRY CLEANED, $1.78 $1.25 $1.00 PRESSED AND ON HANGER 1 UNIFORM PAIR OF TROUSERS DRY $t.78 $1.25 $1.00 CLEANED PRESSED AND ON HANGER CHARGE FOR FOURTY-EIGHT (48) $0.35 SAME $1,00 HOURS SERVICE CHARGE FOR TWENTY -FOUR (24) $0.50 SAME $1.00 HOURS SERVICE CHARGE FOR SEWING ON "NEW": PATCHES/EMBLEM,~ $1,50 $2.00 $1,00 VELCRO $1.50 $3.50 ~ $1.00 CHARGE FOR MINOR ALTERATIONS $7.00 - $9.50 $6.50 $1.00 SEWING HEMS. TAKE IN WAIST, TAKE IN SLEEVE~ ' $4,50 NUMBER OF BID PROPOSALS '1 1 1 SUBMITTED SPECIFICATION "CHECK-OFF" NOT SUBMITTED YES INCOMPLETE SHEETS SUBMITTED ANNUAL CONTRACT FOR DRY CLEANING OF POLICE UNIFORMS ~,TE: SEPTEMBER 26 2000 m~u ur-=~,~.,,,~ ,-,,-,. =. ,-, .................. i All other effers~sal~mitted in respons~i~ ti BID OPENING TIME: 2:30 P.M. , ~ . BID~O98-2110-00/CJD ~J[~ ~- G~ ~.~ " ,~ .~ ~Y r jected as late VENDORS 'oAR~uS~L CLEANERS BOYNf0N COMET ~LEANERS ~ 16~0 s. CONGRESS AVENUE ~12 ~ FED~L H~SHWAY ~~W~S~ ~b~N~DN BEACH ~LVD. ~OYNTON ~EACH, FL 33,35 -~ ~Vh~ON BE~b~;:"~L- 3343~ BOYNTON BEACH, F~ 33~6 '' ............. .......... ~TTN: ANTHONY PEPE A~N: STEVEN WE NF ELD ~ ~TTN: HAMID B. BHATTI 561-740-3007 561-732-9783 ; ~61-736-2260 " YES ANTI-KICKBACK AFFIDAVIT YES YES SUBMITTED CONFIRMATION OF MINORI~ YES/NOT YES/NOT ~' ' '~Es/NOT OWNED BUSINESS SUBMITTED CONFIRMATION OF DRUG-FREE YES YES YES WORKPLACE SUBMITTED ? COMMENTS: 20% DISCOUNT oN FULL ~RICES , ~0R bl~Y E~LOYEE9 W/~ROPER i ANNUAL CONTRACT FOR DRY CLEANING OF POLICE UNIFORMS BID OPENING DATE: SEPTEMBER 26. 2000 "Offers from the vendors listed herein are the only offers BID OPENING TI ~/E: 2:30 P.M. received timely as of the above receiving date and time, All other offers submitted in response to this sol c ration BID # 098-2110-00/CJD . ~t any, are hereby rejected as Fate" VENDORS THE DRY CLEANER BOYNTON BEACH DISCOUNT CLEANERS PRESTIGE DRY CLEANERS, INC. 10114 S. MILITARY TRAIL 9819 S. MILITARY TRAIL 3663 S. FEDERAL HIGHWAY BOYNTON BEACH, FL 33436 BOYNTON BEACH, FL 33436 BOYNTON BEACH, FL 33435 ~,TTN: RAZIA MASOOD ATTN: RALPH RONZONI ATTN: HAYDEN DENNIS 561-364-8719 561- 278-4141 ~61-737-5833 UNIFORM SHIRT DRY CLEANED, $1.69 $0.95 DRESSED AND ON HANGER $1 .O5 1 UNIFORM PAIR OF TROUSERS DRY $1.69 $0.95 CLEANED, PRESSED AND ON HANGER $1.75 CHARGE FOR FOURTY-EIGHT (48) $0.29 NONE HOURS SERVICE S/A CHARGE FOR TWENTY -FOUR (24) $0.29 HOURS SERVICE NONE S/A CHARGE FOR SEWING ON "NEW": PATCHES/EMBLEMS $3.00 $3.00 $2.00 VELCR(: $2.00 $3.00 $4.50 CHARGE FOR MINOR ALTERATIONS $4.90 $5.00 - $6.00 3EWING HEMS, TAKE IN WAIST, TAKE IN SLEEVE~ $4.50 FROM $2.50 - 6.00 NUMBER OF BID PROPOSALS 1 SUBMITTED I 1 SPECIFICATION "CHECK-OFF" YES NOT SUBMITTED SHEETS SUBMITTED *YES ANNUAL CO NTRACT FOR DRY CLEANING OF POLICE UNIFORMS '~Offers frQ~ the ~j~rs lii~d he[(~ip;,are th~.only, offers ~ec~ved ~l~eiy as of~the above ~ec~ving ~ate and BID OPENING DATE: SEPTEMBER 26. 2000 ~ ~ll-~fhe~ ~.~bb~l{~-in'te~ponse~to th~s solicitation. BID OPENING TIME: 2:30 P.M. BID # 098-2110-00/CJD ; ~-~i~'~.~C~OL1NT clEANERs PRESTIGE DRY CLEANERS, INC. THE DRY CLEANER VENDORS 10114 S. MILITARY TRAIL ; ~819. S..~!T~RY TRAIL ~66~ S, FEDE~L ~IGHWAY ~OYNTON BEACH, FL 3343~ ~0YN~'~E~c~, ~ -33~36 ~ ~0~ FL 33435 ~TTN: R~IA MASOOD A~N: RALPH RONZONI , ~N: HAYDEN DENNIS 561-364-8719 ;61~ 278-414t ~61-737-5833 ANTI-KICKBACKAFFIDAVIT YES NOTSUBMI~ED ' YES SUBMITTED CONFIRMATION OF MINORI~ ' YES/NOT NOT SUBMITTED YES/NOT OWNED BUSINESS SUBMITTED CONFIRMATION OF DRUG-FREE YES ' NOTSUBMI~ED YES WORKPLACE SUBMI I I ED (3) LOCATIONS: 2 IN BOYNTON BEACH ~SUBMI~ED BUT OMI t I EO (1) COMMENTS: ~ND 1 IN DELRAY BEACH ' ~PEClFICATION Requested City Commission Meeting Dates [] Ju¢ ~8, 2000 August 1, 2000 August 15 2000 [] September 6. 2000 V-CONSENT AGENDA I'TEM B-5 CITY OF-BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned 1nfo Eitx Clerk's Office July 6, 2000 (5:00 p.m.) July 19, 2000 (5:00 p.m.) August 2, 2000 (5:00 p.m.) August i6, 2000 (5:00 p.m.) Requested City Commission Meetin~ Dates [] September 19, 2000 [] October4. 2000 [] October 17. 2000 [] November 8, 2000 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 5:00 p.m.) September 20.2000 5:00 p.m.) October 5, 2000 5:00 p.mO October i8. 2000 [5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Bus/~ess [] Public Hear/ag [] Legal [] Bids [] Unfinished Business [] Armouncemem [] Presentation RECOMMENDATION: Motion to approve the use of Metro Services Consultants Incorporated fur an independent fire hydrant audit based on the same pricing schedule as offered to the City of Austin, Texas (Contract #S990219) with estimated expenditures of $66,000.00. EXPLANATION: Procurement Services Division has received a request from Utilities Department to utilize Metro Services Consultants Incorporated for an independent fire hydrant audit. The City has approximately 2.200 fire hydrants. This spring Insurance Services Office IISO) will be evaluating our fire system including water distribution and hydrants, and the City is striving for a lower rating. The cost of the audit is $25 per fnce hydrant wh/ch is estimated at $55,000 and an additional allocation of $11.000 for possible fire hydrant repairs. Procurement Services Division requests Comrmssion's review, evaluation and approval. PROGRAM IMPACT: The independent audit will address concerns related to private hydrants, ensuring new developments are in the database, and verifying that the database information is accnsare. Data from the audit will be compiled and shared with other depamnents~ FISCAL IMPACT: Funds are allocated in Utilities Deparlmant budget as follows: Account Name Account Number Budget CIP R&R/Water 403-5000-590-96-02 $ 66,000.00 ALTERNATIVES: Continue to have Utilities Department and Fire Departmqnt personnel perform hydrant maintenance and not provide the independent audit, Deputy Director of Financial Services ' - '~- City Manager's Signature Procurement Services Department Name cc:~tilities Deparm~en[ City Attorney / Finance / Human Resources S:~ULLETIlq~FORMS~AGENDAITEMREQUESTFORM.DOC (~ Ll~g f.~ ~-'M'~.~"~pr'O~"~ TO: FROM: DATE: MEMORANDUM Utilities #00-182 William Atkins, Procurement S~ Utilities Direc(or October 2, 2000 SUBJECT: Non-budgeted Projecl The City of Bo ~.?n Beach Utility Depar~nem owns approximately 2200 fire hydrants. Palm Beach C~y ~Environmemal Comrol Rule I! (ECRII) requires documentation that all hydrants are test~ at least once per year. Insurance Services Office (ISO) also recommends tha~h~)~ants,,;i be inspected and tested annually to achieve superior ratings. This spring IS~tli~'be evaluating Our fire system inJduding water distribution and hydrants, and w~ are, striving for a lower rating. The Utility and;Fire Department Personnel perform hydrant maintenance butwe have never had an ',md~endant ex,t~mal hydrant &udi[ conducted. We would like to have an independent a~b_~ p:~rform~a ~b~dd~s:thb~fotlo~ing concerns: !,: !denlafieago,n of a~ea~ w~th prjyate hydrants ~n nonIutthty d~stnbut~o systems. 2. The proliferation ofnew deyelopmems west of the City and ensuring ir~ctusioa, in oar database. · 3. Conflicting or inaccurate information especially in older sections of the service area. 4. Support existing documentation or recommend changes. Locally, the Cities of Deerfield Beach, Delmy Beach, Boca Raton, Wellington and Lake Worth, as well as Palm Beach county Ufilities~ have contracted with Metro Services Consultants of Housttm, TX to per£orm ~ous fire hydrant services. This assessmem includes: · Map and identify each hydrant · Inventory manufacturer, model, year of manufacture, size of main List pumper and hose nozzle size and tbxead configuration · Check National Fire Protection Code requirements (excluding flow) · Note shut off valves, location and direction William Atkins October 2, 2000 Page 2 · Cycle each hydrant. · Register hydrant flow capabilities. · Note mechanical and operational deficiencies. · Indicate coSt/time to accomplish repairs. · State cosmetic and miscellaneous conditions. All of this information will be emptied and presented in book form as well as on a computer format (FoxPro) diskettes that can be shared and updated with fire departments or anyone else needing this infonnation. On September 19, 2000, we removed this item from the City Commission Agenda. We did this to obta'm additional information and assurances that the City was receiving a product that would meet the needs of several departments and to review the value of performing this work in-house vs. issuing a contract to have this service performed. On September 26, 2000, we held a meet'rog to review this project. Representatives from Engineering, G.I.S, I.T.S., Fire Rescue and Utilities participated in reviewing our concerns and needs. We identified the existing plans, maps, and aerial photos that are available for the contractor to use and verified that the existing numerical identification system is satisfactory to both Fire Rescue and Utilities. Additionally, we discussed the possibility ora Global Positioning System to enhance the mapping and positional accuracy of the hydrants. We determined that since Fire Rescue and Utility field crews could not effectively use this information, now or in the near furore, we would not recommend this enhancement at.this time. We do expect to pursue this enhancement in the future, perhaps three to ftve years out. Utilities further reviewed the issue of whether this project should be accomplished in- house or contracted out. The following factors were considered: Diversion of City staff from normal assignments and other necessary projects. Work impacted would include: meter replacements, water service line replacements, replacements of lift stations, installation of fiber optic cable, or ma'mtenance/constmction of stormwater projects. The contractor's existing hardware, software, trained staff, and their sole dedication to this task. Transfer of risk. The cost of this unbudgeted project is $25.00 per hydrant or approximately $55,000. We also request additional funding in this same contract for up ro 20% or $11,000.00 for possible hydrant repairs and/or inclusion of hydrants not in the existing database. Consequently the total amount of this request is up to, but not to exceed, $66,000. We anticipate commencement by early March 2001with completion within 12 weeks. William Atkins October 2, 2000 Page 3 Funds are available in Utility Reserve account #403-5000a590-96.02 foVthis project. We are able to piggyback the City of Austin, TX C0ntmct,No. S990219. Please present this request to the Co~9~,:~0~ ~,,auth0rizat~on to piggyback, this Contract with an expenditure of Upto $66;000~00 from theUtifity Reserve account for this project. Ifaddition~ informath6n {s needed, piease con~t B~b t~enyoii at ext 6402. Attachment xc: Dale Sugerman Bob Kenyon Bill~Bingham Steve Gale Peter ,Wallace Regina Hagger Barb Cunboy Dom Formanek 08A1~/~0@0 06:~i 5617310065 CITY OF ~OYNTI]~ P~GE 82 ~/I6~2~0 15: ~b 281-~;-~41~ ~KU ~,~ ~- ......... Aug~lst ]6, 2000 S~nd via facmimile to: 56],731.0065 Mr. Robert L. Kenyon, Deputy D~r~tor City or.ton B~ B~to~ Be~k ~L 33437 RI3: Fire Hydrant Audit & Painting "Piggyback" D~r Mr. Kenyon: Metro ,~vie~ Consultants, Inc. (M$C) is pleased to offer the City of Boynton Beach, ~L the same :~ervi~ and pricing schc~de, a~ offered to the City of Austin, TX. This pricing is:~iv~d from Cont~ No. 8990219 with th, City of ~in, a~ded -~fil ~, 1999 ~ ren~le for ~o (2) addition~ ~(12) month p~ods. It w~ r~ by the CRy of Au~m Eucloscd' is a ~ of co~nd~ in which th~ ~ci$~ the~ option. ~e pH~e ~r our Audit ~ce ~ $25_00 p~ hyatt audit a~ $4S.~ to abr~iv¢ ~t c]~ ~e ~ ~t fi~ hydr~ts. I uad~aaud ~ ci~ ofBoyntou Baa~h is inter~t~ in our Audit s~ee o~y mt tiffs The purchasing agont for this ~oject is Stephen T. Aden (long a sound). Stew may b~ roached at 512.499 2021, his direct line or purchasing for thc City of Austin 281.499.2000, should you ne~d to con~.~t him for any r~son. If you have any eoncem~, do not h~itato to contact me anytime, Thank you for the oDportunity to provide the best in stervJee to the City ofBoynton Bcack M'ma C. Modlin METRO SERVICE CONSULTANTS. INC. WEB CERTIFIED BY 'tHE CiTY OF AUSTIN & THE CITY HOUSTON, TEXAS '* P.O, Box '146 Cr~annelvie~v, TX 775;]0 - Z81-457-~A04. · FAX: 281-a$7-241 ~, ,.. 08/1Z~2880 06:11 5617318865 CITY OF BOYNTON, =~ RAGE 03 City of Austin .~an~ary 7, M~tro $~rvices consultant Inc. Attu: Miml C. Modlin P-O. BOX 146 Chann¢lvicw~ TX 775~0-0146 RE: Co~tract No: $990219 ANNUAL coNrKACT FOR RElaURBISHING FIRE HYDRPuNT$- Dear Ma. Modlin: Ericlo~d plea~ find thr~ (3) eopi¢s of th~ above-tzfere~cexl contract ~t No. 2 f~ your, re~ ~d silage, ~ you ~* m a~ ple~ sign ~d ~mm.by January 17, ~. A ~y executed copy Will ~ forw~.ed to ~u ~r si~ by ~ p~ope~ ci~ ~ffici~. Th~ you for yo~ l~r~iosur= STA:rm o8~0~/~o0~ i§:o~ §~i~31oos5 OTTY 0~ ~OYNTON PRG~ 0~ August 4, 2000 1~ [nformfion on our Audit Service Dear Mr. Ke~ycm: Ed Floyd has ask me to thank you for the line, est you have showtl in our service and to provide you w~th the following reformation. Metro Service Consultants, Inc. (MSC) ia pleased to detail our ~ llydtant audit pmgrant M$C ? fumis~ a team of trained and experi~ead t .~hnieians your ~ditl~'~t~ fl~ ~'d~t~: l. Map ~e lo~o~ of ~c ~drant and ~ a n~ m ~. ~fili~ m ~pply fli~tion map.) ~s ~ows you to Iocam hy~t~ hyatt mmb~. 2. ~ t~ mmufamrer, mod~, o~on~ dir~on.. 3. Li~ pgmpg and ~ no~e 4. C~ N.~.P, ~e r~ents (excluding ~ws). S. No~e s~t offv~ve l~on ~d o~ragon~ di~n ~ff ~p~te). 6. ~cle h~a~. 7. R~st~ hydrant ~w ~pabiliti~ ~n~e r~id~. 8. Nm m~hmioal aM ~ationat 9. [~d~e cost ~d t~e requi~ to ~o~lish ~ ~ und~ "WO~ ~D~') for ~h hydr~t. 10. St~ cosmic ~d m~llaneou~ coMiti~. ~ found. Ail of dae ab.oveinformation is to be compiled and ~presented to the utility in book form. Th~ same information ts robe furnished on a computer pmgram\diskettehhigh density IBM compatible. ~aitten in Foxl~o, ~wkich allows the user to update information and/or make modific~tiom to the information. h't addition to all 0fth~ above information, it summary report is to be furnished listing all hydrants by manufa~urer classification, model and valv, siz*. Also summary reports on required repairs, by categories to include: · P.O, ~o~ 148 Ohannelview, TX 77530 · 281-457-2404 "FAX: 261 ,,4~7-~419" 88,' 84./2888 i5; 89 561730.8¢65 CTTV OF BQVNTm3N PC, GE 2. 3. 4 5. 6. 7. 8. Operating nut or boanet rework ~,xten$ions requi~ed b~ s~e - 6", 12% 18" ~d 24" Gask~ r~u~ ~ose and pure.r) ~ ~ve ~l~em These summary repo/tS ~hall list ~ rePaira ne~essa~ to r~ t~e fl~ ~yd~s,w pr0p~ w0r~ co~i~. ~ ~ 0f e°~e r~ain, ~ wetl ~, the l~me r~uird for gl r~a~s sh&t be s~o~. MSC can ~t~e te~ ~ dir~ted ~ ~ ~d~t, ~e Ufiht~ :~ demos. = ~fth ~e in~rm~i~;c0~ in the ~ t~e ~e d~m~ c~ ~H ~f~ l~ng the ~ere the cto~ hY~s ~ ~c~in proxlmi~.to ~ a~mss ~ ~e ~e~ ~ out,Fire ~ai~ ~Ong ~ t~,~w pms~re r~dmffs, ~sn ~ ob~nea ~ ~ Aumt We have ~Y~f ~ f~ P~ B me anytime I Mi~TRO SERVICE COtqSULTANTS, 1-NC, c.c, Dora Formanek wa fa~e:: 561,731.0065 ptea.~ ~ont~t me anytime. Weare ple~_ed you have t hesitate to contact Ed Floyd or WBE CERTtlrlED BY: ~ C~'i'¥ OF HOUSTON & THE CITY OF AUSTIN, TEXAS ~b Bush DATE: TO: FROM: TECHNZCAL ME! July 20, 2000 Public Water Utilities Asir Canyas, Supervisor of Oper Division of Environmental Hea~ SUBJECT: Maintenance and ~ng of fire hydrants Palm Beach County Environmental Control Rule I~ (ECR-JD, Section :14, requires the supplier of water tO establish a routine, testing and maintenance program on each flr~ hydrant~ connected to its system. The hydrants are required to be tested at least once a year, unless the ~tealth departmentapproves a lesser frequency based on the manufacturer's recommendation. Please provide a report with details of the testing and maintenance program to show that you are operating in compliance with the Rule. The .following information should be included in the report: · A description of the routine maintenance and testing program in place. · A copy of the distribution map, drawn to a scale between 200 and :1000 feet per inch, showing.the general IocaUon of water lines, valves, fire hydrants, etc ECR- 1~ re. quires the .submittal of this information bv Feb~u=,,, ~ ~- ___7_' even numoered year. ' · The number of fire hydrants under your responsibility for maintenance and testing. · Who performs the maintenance and testing? Please detail the minimum qualifications of the personnel if they are your employees. Zf you have contracted with a private company to perform this work, then please indicate the minimum qualification of the company including the types of licenses and certification. · The frequency of maintenance and tesUng, the most recent date when it was conducted, a~d the next planned date. (Zf it has not been done this year, it must be performed within :12 months of the date when it was previously conducted). · A summa~ of results from the testing. List the hydrants that are not functioning or have failed the test and the date by which they will be repaired and re-~ested, (Detailed records of maintenance and testing for all the fire healthhydrant department shall be kept personnel), at the water treatment plant site ii= possible, for review by Please submit the report within thirty (30) days of receipt of this memorandum. you are unable to meet this deadline, you may request an extension in writing, ~,a:sons for the delay. Please ca I this office at 561-355-3070 ext. 1176 if '~any questions or further clarification is needed. Your prompt attention to this matter would be greatly appreciated. Requested Cig Commission Meeting Dates [] July 18,2000 [] August 1 2000 [] August 15. 2000 [] September 6, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in ro City Clerk's Office July 6, 2000 5:00 p.m.) July 19,2000 (5:00p.m.) August 2, 2000 (5:00 p.m.~ August 16. 2000 (5:00 p.m.) Requested C~W Commission Meegng DaTes [--' September t9. 2000 [] October 4. 2000 [] October 17, 2000 [] November 8, 2000 V-CONSENT AGEN DA ITEM B-6 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.mj September 20, 2000 tS:00 p.m.) October 5, 2000 '5:0( p.m.j October I8. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Admimstrattve --] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: MOTION ro approve the PURCHASE OF VARIOUS VEHICLES/NEW ANII REPLACEMENT utilizing STATE CONTRACTS #070-001-99-1 and #070-700-00-t, as awarded by the STATE to multiple vendors, in thc amount of $510,967.00. EXPLANATION: Procurement Services Divison has reviewed the PUBLIC WORKS/FLEET MAINTENANCE request to purchase various vehicles new/replacemant. These purchases will utilize STATE CONTRACT #070-001-99-1 ,conum pe~od 10/01/98 through 09/19/01. for AUTOMOBILES AND LIGHT TRUCKS, and STATE CONTRACT #070-700-00-1 [contrac~ petiod 06/01 00 through 05/31/01 I. Total purchases will come from mutiplc STATE awarded vendors in the mount of $510,967.00. The breakdown of the purchases are as follows: New Vehicles: Facilities Management Fire Departmen! Fleet Maintenance Leisure Services/Parks Police Solid Waste Utilities Reolaeement Vehicles: Commumry Redevelopment Code Compliance Facilities Management Police I - Compact Pickup Track i - Sport Utility Vehicle 1- Sedan 1 - Compact Pickup Track 1 - *A Ton Track I - Staff Car 1 - Sedan I - M Ton Track 1 - Cargo Van i - ½ Ton Tmck 2 - Sport Utility Veh/cles* 2 - Sedans 2 - Sedans** I - Cargo Van 3 - ¼ Ton Tracks i - Staff Car S:~B ULL ETINWO RMSL~.GENDA ITEM REQUEST FORM. DOC State Conu:act #070-001-99-1 State Contract #070-001-99-1 State Contract #070-001-99-1 State Con~act ~070-001-99-1 State Coon:act #070-001-99-1 State Contract #070-001-99-1 State Contract #070-001-99-1 State Contract #070-001-99-1 State Conuact #070-001-99-1 State Contract #070-001-99-1 State Conu:act #070-001-99-1 State Contract #070-001-99-1 State Contract #070-001-99-1 State Contract #070-001-99-1 State Contract #070-001 ~99-1 State Contract #070-001-99-1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Replacement Vehicles (continued}: Leisure Serwces/Recreation 1 - 15 Passenger Van State Contract #070-001-99-1 Sneers Maintenance 1 - i2 ydDur~l: Track State Contract #070-700-00-1 Utilities 1 - ~ Ton Track State Contract #070-001-99-1 2 - Sport Utility Vehicles State Coatract #070-001-99-1 Warehouse 1 .CompaCt Pickup Track State ~ontract #070-001-99-1 ~ Traded-off a LA Ton Typ6'C Van ' ' ** Replaced vehicle #642 due ~9 age}de,nt. Procurement Services D/visiun requests com~mssion's review, evaluation and purchase approval. PROGRAM IMPACT: These purchases will allow the City to properly replace vehicles in a timely manner. FISCAL IMPACT: Funds ~e allocated in the Fiscal Year 2000/2001 budget as ~ollows: Account Description Account Number Budget Allocation Vehicles/New 501-2516-519-64-30 $ 233,000.00 Vehicles/Replacement 501-2516-519-64-31 341,000.00 ALTERNATIVES: Any delay in the purchase of the vehicles could Lmpact City operations and increase vehicle nlalntenance COS'~S. Deputy Director of Financial Services Procurement Services Department Name 1 C~t~ Manager's S~gnature City Attorney /Finance / Human Resources cc: Chris Roberts - Public Works Robert Lee - Public Works File S:~BULLETFN~FOP,.MSXAGENDA ITEM KEQUEST FORM.DOC RECEIVED TO: VIA: FROM: DATE: PUBLIC WORKS DEPARTMENT MEMORANDUM #00-167 Bill Atkins, Deputy Finance Director PURCHASING Chris Roberts, Interim Public Works Director Robert H. Lee, Fleet Administrator ~ October 2, 2000 OCT 4 2000 PURCHASING DEPT, SUBJECT: Vehicle Purchases Listed below are the various departmental requests outhning funding, replacement vehicle numbers, and notations on any purchases exceeding budgeted mounts; all the vehicles are to be purchased from the State Contract which is referenced. Please note that the budget account number for new vehicles is 501-2516-519-64-30 and for replacement vehicles is 501-2516-519-64-31. COMMUNITY REDEVELOPMENT Gerber Chevrolet-: 2 - 2001 Investigative Mid-Size Vehicles w/options Geo, Inc. Replacements for Vehicles #691 & #733 State Contract #070-t00-205 Budgeted Amount: $16,000 each Actual Cost: $14,817 each ($1,183 each under budget) CODE COMPLIANCE Gerber Chevrolet-: 2 - 2001 Investigative Mid-Size Vehicles w/options Geo, Inc. Replacement for Vehicle #658 & #642 IAccident) State Contract #070-100-205 Budgeted Amount: $16,000 for #658 & SZero for #642 Actual Cost: $14,817 each ($1,183 under budget for #658 & $16,000 budget for #642) FACILITIES MANAGEMENT Maroone Dodge: 1 - 2001 Cargo Van, Type C, 4x2 w/options Replacement for Vehicle #646 State Contract #070-300-405 Budgeted Amount: $20,000 Actual Cost: 5;17,577 ($2,423 under budget) 3 - 2001 3/4 ton Heavy-Duty Pickup Track, 4x2 w/options Replacements for Vehicles #606, 612, & 660 State Contract #070-500-425 Budgeted Amount: $25,000 each Actual Cost: $16,912 each ($8,088 ea under budget; pending util. bodies) Bill Atkins October 2, 2000 Page 2 FACILITIES, MANAGEMENT Maroune Chevrolet: 1 -200! C. ompact Pick-up Truck, 4x2 w/options New vehicle State Contract #070-500-140 Budgeted Amount: $I2,333 - Actual Cost: $10,396 ($1,937 under budget) FIRE DEPARTMENT Bell Chevrolet, Inc. 1 - 2001 Large Mid-Size Utility 4-Door, 4x4 w/options New Vehicle Sere;Contract #070-444-212 ~dg~ed.Am0unt: $25,000 ~tu~0st: $23,745 ($1,255 under budget) Garb er Chevrolet-: 1 -200! Investigative Mid-Size Vehicles w/options New Vehicle State Contract #070-100-205 Budgeted Amount: $16,000 Actual Cost: $t4,817 ($1,183 under budget) FI ~EET MAINTENANCE Maroone Chevrolet: 1 - 2001 Compact Pick-up Truck, 4x2 w/options New Pool Vehicle State Contract #070-500-140 Budgeted Amount: $12,333 ca ° ActualC0st: $10,396 ($1,937 under budget) PARKS Maroone Dodge: 1 - 2001 V4 ton Heavy-Duty Pickup Truck, 4x2 w/options New Vehicle State Contract #070-500-425 Budgeted Amount: $22,000 Actual Cost: $17,212 ($4,788 under budget) POLICE Garber Chev-Geo 2 - 2001 Investigative Vehicles, Mid-Size, 2-Door w/options One New Vehicle & One Replacement for Vehicle #301 State Contract #070-100-205 Budgeted Amount: $17,500 each Actual Cost: $15,304 each ($2,196 each under budget) Bill Atkins October 2, 2000 Page 3 RECREATION Bell Chevrolet 1 - 2001 Fifteen Passenger Van, 4x2 w/options Replacement for Vehicle #517 State Contract #070-300-425 Budgeted Amount: $23,000 Actual Cost: $22,175 ($825 under budget) SQLID WASTE Garber Chevrolet-: 1 - 2001 Investigative Mid-Size Vehicles w/options New Vehicle State Contract #070-100-205 Budgeted Amount: $16,000 Actual Cost: $14,817 ($1,183 under budget) STREETS MAINTENANCE Atlantic Ford Track 1 - 2001 12yd. Dump Track, Tandem Axle, Class 8, Sales, Inc. 64,0001b. GVWP~ 6x4 w/options Replacement for Vehicle #37 State Contract #070-700-450 Budgeted Amount:~ $70,000 Actual Cost: $68,178 ($1,832 under budget) UTILITIES Maroone Dodge 2 - 2001 V4 Ton Heavy-Duty Pickup Truck, 4x2 w/options One New Vehicle & One Replacement for Vehicle #109 State Contract #070-500-425 Budgeted Amount: $28,000 each Actual Cost: $20,907 each ($7,093 each under budget pending util. body For replacement vehicle) Maroone Chevrolet 1 - 2001 Cargo Van, Type C, 4x2 w/options New Vehicle State Contract #070-300-405 Budgeted Amount: $22,000 Actual Cost: $19,262 ($2,738 under budget) 1 - 2001 Compact Pickup Truck, 4x2 w/options New Vehicle State Conucact #070-500-140 Budgeted Amount: $12,333 Actual Cost: $10,396 ($1,937 under budget) Bill Atkins October 2, 2000 Page 4 UTILITIES (Continued) Bell Chevrolet, Inc. 4 - 2001 Large Mid-Size Utility, 4eDoor, 4x4w/opfions Two New Vehicles & Two Replacements.for Vehicles #t32 & #170 State Contract #070-444-212 Budgeted Amount: $24,'~5.0 ea. for, new &$23,500 ea. for replacements Actual Cost: $22~021 each ($2,729 ea. under budgm for new and $1,479 ea. Under budget, for replacements) WAREHOUSE. Maroone Chevrolet: 1 - 2001 Compactgick-up Truck, 4x2 W/options Replacement i:or Vehicl~ g~44 State Contract #070~,500-' 140 Budgeted ~ount ~$12,500 Actua[cc~st! $I1~456 ($~1,014 under budget) Listed below is the total mount to be purchased~ showing the total budgeted amount and the New Vehicle Total Replacement Vehicle Total differences. Budg~edAmount ActualCost Difference $233,000 $201,294 $31,706 $341,000 $309,673 $31,327 $574,000 $510,96~ $63,033 Please contact me if you need any additional information as I would like to try to make the agenda for the October 17th Commission Meeting. PL/RHL/pl MEMORANDUM UTILITIES #00-221 TO: FROM: Robert Lee, Fleet Adrninistmtor Dale Sugerman, ~ Assistant City Manager DATE: John A. Ouidr~--N Utility Directo'r' ~X, September 27, 2000 SUBJECT: Utility Stormwater Division Request for Vehicle Change In the 2000-2001 budget, the Utility S~ormwater Division budgeted $26,000 to purchase a % ton cargo van to b~ used by the Utilities Location Specialist, Senior. Presently thc Utility Department has two Locatots that are using cargo vans to travel to and from job sites to complet~ the/r normal tasks. Thee vans are not suited to tmvet offroad when locating existing utilities on new construction sites. After reviewing the needs of the locators within the depmunent, we are requesting that a small 4x4 SUV, such as a Chevy blazer, be purchased in place of the budgeted % ton cargo van. The 4x4 SUV would enable the Iocators to store their necessar~ equipment ~hd, ttav. e.l .offroads when neces.s~ to meet with contractors and locale existing utilities. is vehicle should 1~ equipped with standard 4-wheel drive, air conditioning, power windows and locks, the purchase price of this vehicle with th~se options is between $21,000 and $22,000. If additional information is needed, please contac~ Mark Law at 6403 or Jim Hah at 6422 Mark Law Jim Hah Barb Conboy 070-001~99-1 = Automobiles & Light Tracks Page 1 of I Automobiles and Light Trucks 070-001-99-1 Effective~ 10/31/98 througl%'9/l~/01 Cerfificatioa Special Factory/Production Cutoffs, Re~B~f6r~dei4ng Bell Chevrolet : ~ion 'Chevrolet Garber Chevrole! Hill-Kelly Dodge www.HillKellvDodge.com Jack Caruso's Regency Dodge Kaiser Pontiac-Buick-GMC Maroone Chevrolet Maroone Dodge http://www.myfiorida.com/sLconu'acts/070001991/ 10/05/2000 [Contract Numberi .- Vendor Information Page 1 of 3 Automobiles and Light Trucks 070-001-99-1 Price Sheets GASOLINE AND DIESEL FUELED VEHICLES 070-100-205 Investigative Vehicle. Mid-Size, 2 Door _070-100-375 Pursuit Vehicle, Large, 4 Door, (FWD) 070-100-380 Local Law Enforcement PurSuit Vehicle, Large, 4 Door (FWD) 070-100-400 Pursuit Vehicle, Large, 4 Door, (RWD) TO BE AWARDED - 10/13/00 070-100-404 Local Law Enforcemem Pursuit Vehicle, Large, 4 Door (RWD) TO BE AWARDED- 10/13/00 070-200-077 Sub-C0mpactA~'ehicle, 4 Dr Sedan TO BE AWARDED - 10/13/00 070-250-077 Sub-Compact Vehicle, 4 Dr Station Wagon TO BE AWARDED L 10/13/00 070.200-140 Compact Vehicle, 4 Door Sedan 00J0-200-310 Large Mid-8~e Vehicle, 4 Door Sedan TO BE AWARDED - 10/13~ 00 0-250z310 Larg6 ,Mid-Size Vehicle, 4 Dr Station Wagon TO BE AWARDED - 10/13/00 070-300.205~c~g~ iVan, Economy TO BE AwARDEi~ - 10/13/00 070.300-220 Passenger Van, Economy TO BE AWARDED - 10/13/00 070-300.398 Carlo Van, Type A, Short Wheelbase, 070.300-401 car~0 Van, T~ A 070-300-403 ,Cargo Vani Type B TO BE AWARDED - 10/13/00 070-~0024~S C~o ~Va~ ~l'vpe c 070.}D0.~408 ~,t. end~ec[ C~g0 V ~an 4x2 TO BE AWARDED - 10/13/00 070.300~410 :Eight PassefigerVah, Short Wheelbase 4x7 TO BE AWARDED - 10/13/00 4x4 TO BE AWARDED ~- 10/13/00 4x? 4x2 TO BE AWARDED - 10/13/00 ~ Vehicle, 4 Door, 4x2 TO BE AWARDED - 10/13/00 030.40~?02 Large Ufili~ Vehicle, 4 Door, 4x2 TO BE AWARDED - 10/13/00 070.4,44120b ~d~:i~e U[!ii~v~vehicle, 2 Door, 4x4 070-4~4z2~ 01~id-s}~e Utilit~ vehicle, 4 Door, 4x4 TO BE AWARDED - 10/13/00 · Vehicle, 4 Door, 4x4 4x4 TO BE AWARDED - 10/13/00 4x4 TO BE AWARDED - t0/13~00 4x? Work Series, 4x2 TO BE AWARDED - 10/13/00 4x? Extended Cab, 4x2 TO BE AWARDED - 10/13/00 4x? 4x2 TO BE AWARDED - 10/13/00 http:,www.myflorida.com/st_contracts/070001991/price.htm 10/05/2000 [Contract Numberl -- Vendor Information Page 2 of 3 070-500-422 1/2 Ton Pickup Track, Extended Cab, 4x2 TO BE AWARDED - 10/13/00 070-500-425 3/4 Ton Heavy-Duty Pickup Truck, 4x2 070-500-428 3/4 Ton Heavy-Duty Pickup Track, Extended Cab, 4x2 TO BE AWARDED - 10 t3/00 070-544-140 Compact Pickup Track, 4x4 TO BE AWARDED - 10/13/00 070-544-142 Compact~Piekup Track; Extended Cab, 4x4 070-544-410 1/2 Ton Pickup Track, ~x4~ 070-544-412 BE AWARDED - 10/13/00 070-544-420 1; 10/13/00 070-544-422 1/2 To, Pickup ~ BE AWARDED - 10/13/00 )- 10, 13/00 10/13/00 070-6 070-G44-03~0 £ 10/13/00 070-644-035 Chassis-Cab, Crew-Cab~!~e'~e~ 15,000,.lb~· AWARDED - 10/13/00 - ~ ~ - 070-650-010 Chass/s-Cab, Single: AXle~' :1~5,000: }bs~ GVW~ 4x2 ~Q:~[ I~D - 10/13/00 070-650-020 Chassis-Cab, Crew-Cab, Single AxAe 15,000 lbs~ G~ 4x2 q~o ~ AWARDED - 10/13/00 ~ . .. ALTERNATIVE FUELED VEHICLES 070-100-402 CNG Pursuit Vehicle, Large, 4 Door Sedan'TO BE AW~.,ED ~ }~0/13/00 070-200-162 Bi-Fuel CNG Compact Vehicle, ~[ Door Sed :~an. TO~BE AW~RDED ~ 10/13/00 070-200-164 Bi-Fuel CNG Compact Ve~cle, 4 Door ~edafi . ~: /13 070-300-501 CNG Cargo Van', Type B, ~2 TO BE AW~t~Di- 10 '00 070-300-503 CNG Cargo Van, Type B, 4x2 070-300-505 CNG Cargo Van, Type C, 4x2 TO BE AWA~RDED? ~0[13/00 070-300-507 CNG Cargo Van, Type C, 4X2 070-300-5 I4 CNG Eight Passenger Van, 4x2 070-300-516 CNG Tv~elve Passenger V~an, 4x2 TO BE AWARDED - 10/13/00 070-300-523 CNG Twelve Pas~eng%~an, 4x2 TO BE AWARDED - 10~13/00 070-300-525 CNG Fifteen Passenger ~v~m, 4x2 TO BE AWARDED - 10/~3/00 070-500-522 CNG 3/4 Ton Pickul~ T~.m~g, 4x2 TO BE AV~ARDED ~ 10/13(00, 070-500-622 Bi-Fuel CNG 3/z~ Ton Pickup Track, 4x2 TO BE~W ~ARDE~D - I0Xl 3/00 070-500-624 Bi-Fuel CNG 3/4 Ton~Pick~ Trtmk, 4x2 TO BE A~WARDED- ! 0~13/00 070-500-712 Bi-Fuel LPG 1/2 Ton Pi~ctmP Tmc~, 4x2 TO BE XW~E~- 10/!13/00 070-5002722 Bi-Fuel LPG 1/2 TonPiekupTmqk 4X2 TO BE AWARDED ~- 10{¢3/00 070-500-800 Battery Powered Econo~y.~;iclcap Tmc~ k, 4~2 TO I}Ei AwnED? 10/13/00 070-500-802 Battery Powered-Economy:~ickup Truck, FWD T(} BE AwA2RDED - 10/13/00 i http://www.myflor/da, cor~ s~_cont~acts/070001991/price.btm 10/05/2000 [Contract Number] -- Vendor Information Page 3 of 3 070-544-622 Bi-Fuel CNG 1/2 Ton Pickup Truck, 4x4 TO BE AWARDED - 10/13/00 070-544-722 Bi-Fuel LPG 1/2 Ton Picknp Truck, 4~4TO BE AWARDED - 10/13/00 http://www.myflorida.conffst_con~racts/070001991 price.hah 10/05/2000 070-700-00-1 = Tracks: Medium and Heavy Page 1: of 1 Trucks: Medium and Heavy 070-700-00-1 Effective: 6/1/00 through 5/31/01 Certification Special Conditions Contractors Atlantic Track Sales Fountain Motor Co. DBA King Track Center http://www.kingrruckcenrer.com International Track and Engine Corporauon http://www.navismr.com hrq3://www.myflorida.com/st_con~:ac~s/070700001/ [0/05 2000 ~Contract Number] -- Vendor Information Page 1 of 1 Trucks: Medium and Heavy 070-700-00-1 Price Sheets 070-700-100 Chassis-Cab, Single Axle, Class 6, 24,500 GVWR 070-700,110 Dump Track, Single Axle, Class 6, 24,500 GVWR 070-700-120 Stake Body Track, Single Axle, Class 6. 24,500 GVWR 070-700-130 Dry Freight Track, Single Axle, Class 6, 24,500 GVWK 070-700.230 Chassis-Cab, Single Axle, Class 6, 24,500 GVWR 070-700.235 Chassis-Cab, Single Axle, Crew-Cab. Class 6, 24,500 GVWR 070-700.240 Dump Track, Single Axle, Class 6, 24,500 GVWR 070-700-245 Dump Track, Single Axle, Crew-Cab, Class 6, 24,500 GVWR 070-700-250 Stake Body Track, Single Axle, Class 6, 24,500 GVWR 070-700-255 Stake Bod~ Track, Single Axle, Class 6, 24,500 GVWR 070-700-260 Dry_ Freight Track, Single Axle, Class 6, 24,500 GVWR 070-700-300 Cba~i~-Cab, Tandem Axle, Class 8, 52,000 GVWR 070-700-310 Chassis-Cab, Tandem Axle, Class 8, 64,000 070,700-400 8 YD Dump Track, landem Axte, Class 8, 52,000 GVWR 070-700~450 12 YD DumpTmck, Tandem Axle, Classi8, 64,000 GVWR 070-700-498 Track Tractor,. Single Axle, Class 8~ 50.000 GCWR 4x2 070-700.500 Tmclc Tractor, Tmidem Axle, C1ass 8, 80,000 GCWv'R 6x4 070-700-5i0'Tmck Tractor, Tandem AXle, Class 8, 120~000 GCWR 6x4 http://www.myfloric!a.com/s~_con~acrs/070700001/price.htm 10/05/2000 Requested City Commission Meetin~ Dates [] July 18. 2000 [] August 1.2000 [] August 15. 2000 [] September 6, 2000 V-CONSENT AGENDA ITEM B-7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Ci[y Commission Meeting Dates [] September 19. 2000 ] October 4, 2000 [] October 17, 2000 [] November 8, 2000 Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p.m.I July t9. 2000 (5:00p.m.) August 2. 2000 (5:00 August 16, 2000 (5:00 p.m.) Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.n~) September 20. 2000 (5:00 p.m.) Octobe~ 5, 2000 (5:00 v.m.~ October 18. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearmg [] Legal [] Bids [] Unfirdshed Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve the "piggy-back" of Pall Beach County Bid #99052 to Vila and Son Landscaping Corporation for replacement ofpalm txees on Woolbright Road medians at a cost of $13,815.00. EXPLANATION: Procuremeur Services Division received a reques~ from Leisure Services/Parks m replace thirty (30) King Alexander Palms that were damaged due to Hurricane Irene and poor health. Since King Alexander Palms have not done well in the medians they will be replaced with Foxtall Palms. The cost of $13,815.00 includes ~ree removal thir~ (30) new 16' Foxtail Palls. topsoil for palms, vertical bracing, and traffic control. Procurement Services Division requests Commission's review, evaluation and approval. PROGRAM IMPACT: The landscape replacements will improve the appearance of medians along Woolbright Road. This will match the newly installed palms along 1-95 and Woolbright Road. HSCAL IMI>ACT: Funds have been allocated in the FY2000/2001 as follows: Account Description Reserve - Landscapmg Account Number 001-5000-590-02-13 Budget $13,815.00 Deputy Director of Financial Services ALTERNATIVES: The condition of the King Alexander Palms requires ~rnmediate attention. Only alternative would be to reconsider the use of the proposed Foxtail Palms replacements. Any chang~ would be inconsistent with the existing landscaping of palms at 1-95 mad Woolbright Road. t - ~ ~[ty Manager's Signature Procurement Services Department Name cc: John Wildner- Leisure Services/Park~ File S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC City Attorney Finance / Human Resources LEISURE SERVICES: PARKS MEMORANDUM #00-152 TO: Bill Atkins FR.OM: John Wildner ~/~ RE. Replacement Faire Trees on Woolbright Road DATE: October 4, 2000 Along Woolbright Road medians we have lost approximately 30 King Alexander palms to foul weather (Hurricane Irene) and poor health. King Alexander palms have not done well in any of the median areas in which we have tried them. We plan on replacing the King Alexander palms with Foxtall palms. This will match newly installed palms at the 1 95 and Woolbright Road intersection. Request that we piggy back Palm Beach County bid #99052 to remove existing trees and stumps. Add additional top soil and bracing. Total cost for the project will be $13,815. Funds are available in account g001-5000-590~-634 9. Request that this item be placed on the City Commission agenda as soon as possible. VZLA AND SON LANDSCAPZNG CORP. 1017 Flor'(do Avertue ~,~.West Palm Beach, FL. 3340:1 (561) 804-9596 {56I~ 804-9597 Fax Cover Sheet A~mcnlTZON: Norm Turner iICOMPAN~: City of Boynton Beach iSUBJECT: Wooibriflht Road I IDATE: 7/3'~/00 . INO. OF PAGES: ]MEMO: ,~ay ite~ # Here is a breakdown of pending work on Woolbrigh~ Road: East of 18th Drive: Oescdption unit pdce Z6 100 103 8 [=oxtail Palm 350 Topsoil (S,Y.) 8 Painting of four vertical braces S300.00 $Z,400.00 $3.50 $1,225.00 $10.00 $80.00 Total $3,705.00 This pdce will cover maitanance of traffic, removal of existing King Alexander Palm and a new Foxtail Palm 1 6' o.a. Price includes all soil amendments as well as 2_ cubic yards of soil per palm. ? Philip Thibeaux £c NU~_;~:~: 000~ t~O 'Gnu : 'ON XU-~ VILA AND :SON LAND:SCAPZNG CORP. 1017 Florida Avenue west Palm Beach, FL. 33401 (561) 804-9596 Fax Cover Sheet ATTENTI'ON: Norm Turner ' MEMO: Pay item # 100 103 DATE: Here is a breakdown of pending work on woolbdght Road: East of 8th Street: Description unit price $300.00 $3,300.00 $3.50 $1,645.00 $1 0.00 $110.00 $S,OSS.O0 11 Foxtail Palm 470 Topsoil (S,Y.) 11 Fainting of four vertical brac~ Total This price wilt cover maitanance of traffic, removal of existing King Alexander Palm and a new FoxtaU Palm 16' o.a. Price includes all sol amendments as well.as 2 cubic yards of soil per palm. Philip Thibeaux 1 VI'LA AND SON LANDSCAPZNG CORP. 1017 FIorlda Avenue CYeSt Palm Beach, FL. 3340~ (561) 804-9S96 ~561] 80~-9597 Fax Cover Sheet I l ~Pay item # 103 Here.is, a breal~down., of pending, work on Woolbright Road: Woolbrigh% Road Centra Description Fox~ai~ Palm ~-70,Topsoi (S:,Y) Painting of four vertJcat braces Total unit,price Total $300.00 S3,300.00 · $3.50 $1,645.00 $10.00 $1 lO.O0 $5,055.00 This price will cover maitanance of traffic, removal of existing King Alexander Palm and a new Foxtait Palm 16' o.a. Price includes all soil amendments as weJl as 2 cubic yards of soil per palm. EACH F-4C~ I EAC~ EACI~ I F.~CH I F.~CH 1 10 EACH ~5 F.~CH 15 EACH ~ EACH 5 124 F. qCH 124 t~ EACH 15 15 EACH I EAC~ 1 I EACH 2 EACH $o so lo EACH It EACH et ~0 ~ /:ACH 5 '15 F.A~-If 15 EACH r:L4C~ :25 3 'Im20 rr. af:H m"" dm:k'd am" qqm""'~l Iqc Ch'm~ W I~kh.,P E. ii Ii, SILVI~R Bbm .~il'Iix]) (CC)lt~c~dPIJS G ~*m~) 2'(/'CAL* 10.(]A X3J.,S SPIL ¢C,.T..24'DIA. lI(3Ol~.LL MB ,QU, MIIIIYUIITS EACH EACH ~H VlI. A &,SON ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Kequested CRy Commission Date Final Form Must be Turned Requested City Commission Meetin~ Dates in to City Clerk's Office Meetin~ Dates [] July 18. 2000 July6,2000 (5:00p.m.~ [] September 19,2000 [] August 1,2000 July 19, 2000 (5:00 p.m.) [] October4, 2000 [] August l5, 2000 August2,2000(5:00p.rm) . [] Octob~lT, 2000 [] Sepmmber 6, 2000 August L6,2000 (5:0Op.m.) [] NovemberS. 2000 r-CONSENT AGENDA ITEH C. 1 Date Final Form Must be Turned to Cfa? Clerk's Office Septomber 7, 2000 (5:00 p.m.) September 20. 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.~ October 18, 2000 ~5:00 p~m.) NATURE OF AGENDA fl'EM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Approve tri-party agreement between City of Boynten Beach. Boynton Cultural Centre, Inc. and Pall Beach County Parks and Recreation Department to receive $50,000 from the District 3 Recreation Assistance Program for the purchase and construction of an indoor interactive ecosystem exhibit at the 1913 Schoolhouse Museum. EXI~LANATION: The money is coming fxom a discretionary fund available for disbusemont by the county commission m benefit local organizations involved in providing important opportonities for county residents. As a strong supporter of the protection and preservation of our freshwater system, Commissioner Warren II. Newell has offered $50,000 fi'om this fund. The City's role in this agreement is as owner of the building that will house the exh~it and the City's Risk Manager has reviewed and is cenfortable with the terms of this agreement. PROGRAM IMI~ACT: The purpose of this agreement is to ~ahanco recreational and cultural opportunities for use and benefit of all citizens of Palm Beach County~ Approval will provide much needed ftmdmg for the construction of an ecosystem exhibit highlighting the protection and preservation of Florida's fi:eshwater system at the 1913 Schoolhouse Museum. FISCAL IMPACT: No fiscal impact to the City of Boynton Beach. The Boynton Cultural Centre, [nc. will assume the responsibility of design, construction, installation and payment of the exhibit which will be reimbursed to them under the terms of this agreement. ALTERNATIVES: Turn down monies which have been deemed worthy for an important city, coung~ity partnership. Department Head's Signature - "Vcity Manager's Signature Library Deperm~ent Name S :'~B LrLL ET II~F O RMS~AGE'N D A ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ANDr .DIRECTING THE MAYOR AND, CITY CLERK TO BOYNTON. t )1~ CENTRE, INC. ANE AND RE FROM THE E: OF AT PROVIDING AN WHEREAS, Approval of this agreement is to enhance recreational and cultural opportunities for use and benefit of all citizens of Palm Beach County; WHEREAS, This agreement will provide the City with funding for the construction of an ecosystem exhibit, highlighting the protection and preservation of Florida's freshwater system at the 1913 Schoolhouse Museum. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to accept the funding from the District 3 Recreation Assistance Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs the Mayor and City Clerk to execute an agreement between the City of Boynton Beach, Boynton Cultural Centre, Inc. and Palm Beach County Parks and Recreation Department to receive the funding from District 3 Recreation Assistance Program in the amount of $50,000. A copy of the agreement is attached hereto as Exhibit "A." Section 2. This Resolution shall passage. PASSED AND ADOPTED this __ become effective immediately upon day of October 2000. CITY OF BOYNTONBEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ATTEST: City Clerk AGREEMENT BETWEEN PALM BEACH COUNTY, THE CITY OF BOYNTON BEACH AND THE BOYNTON CULTURAL CENTRE, INC. FOR PURCHASE AND CONSTRUCTION OF THE 1913 CHILDREN'S MUSEUM INTERACTIVE ECOSYSTEM INDOOR EXHIBIT THIS AGREEMENT is made and entere(~ into this day of , 2000, by and between Palm Beach County, a political subdivision of the State of Florida. hereinafter referred to as "County", the City. of Boynton Beach, a Flodda municipal corporation, hereinafter referred to as "Boynton Beach", and the Boynton Beach Cultural Centre, !.nc~.., a Flod~enot-~for-proflt organization authorized to do business in the State of Florida. hereinafter referred to as "Cultural Centre~. WlTNESSETH: WHEREAS, Boynton Beach owns property located at 129 East Ocean Avenue in Boynton Beach which is operated by Cultural Centre as the 1913 Children's Museum under a Management Agreement with the City; and WHEREAS, Cultural Centre desires to pumhase and construct an Interactive Ecosystem Exhibit as one of the galleries in said Museum; anc~ WHEREAS, the Interactive Ecosystem Exhibit will focus on highlighting the protection and preservation of Florida's freshwater system and how it affects plant and animal communities; and WHEREAS, said Ecosystem Exhibit is estimated to cost approximately $50.000; and WHEREAS, Cultural Centre has requested from County an amount not to exceed $50.000 for the construction of the Interactive Ecosystem Exhibit. to include the pumhase and construction of exhibit components, wall unit built-ins, media and/or software development, hardware, electrical and winng equipment, and other miscellaneous materials and labor relating to the Exhibit; an(~ WHEREAS, interactive educational exhibits relating to Florida's ecosystem benefit the citizens of Palm Beach County and serve a public purpose; and WHEREAS, County desires to provide funding for said Exhibit; and WHEREAS, funding for said Exhibit in an amount not to exceed $50~000 is available from District 3 Recreation Assistance Program reserves; ann WHEREAS. all parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1. CourtlY agrees to fund an amount not to exceed $50.000 to Cultural Centre for the ~i 913 Children's Museum Interactive Ecosystem Exhibit, to include the purchase and installation of exhibit components, wall unit built-ins, media and/or software development, hardware, electrical and wiring equipment, and other miscellaneous materials and labor relating to the Exhibit, as more [ully described in Exhibit "A" attached heratc and incorporated herein, hereinafter referred to as the "Project". 2. County will use its best efforts to provide said funds To Cultural Centre on a ,eimbursement basis within forty-five (45) days of receipt of the following information: a. A written statement that the Project has been completed; and b. A Contract Payment Request Form and a Contractual Services Pumhases Schedule Form, attached hereto and made a part hereof as Exhibit"B". which ara required for each and eve~' reimbursement requested by Cultural Centre. Said information shall list each invoice paid by Cultural Centre and shall include the vendor invoice number; invoice date; and the amount paid by Cultural Centre along with the number and date of the respective check for said payment. Cultural Centre shall attach a copy of each vendor invoice paid by Cultural Centre along with a copy of the respective check and shall make reference thereof to the applicable item listed on the Contractual Services Pumhases Schedule. Further, Cultural Centre's Project Administrator and Financial Officer shall certify the total funds spent by Cultural Centre on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Pumhase Schedule was paid by Cultural Centre as indicated. c. The Project was initiated by the Cultural Centre on August 1,2000. Those costs incurred by the Cultural Centre subsequent to the date of said Project initiation ara eligible for reimbursement by County pursuant to the terms and conditions hereof. d. Recreation Assistance Program funds may be used as a match for other local, State or Federal grant programs, but the Cultural Centre may not submit reimbursement requests forthe same expenses,to the County or other funders to receive duplicate reimbursement for the same expenses. 3. Cultural Centre shall complete the Project and provide accounting data to County for same on or before sighteen (18) months from the date of execution of this Agreement by the ,parties hereto. Upon written notification to County at least ninety (90) days prior to that date. Cultural Centre may request an extehsion beyond this period for the purpose of completing the Project. County shall no~ unreasonablydeny Cultural Centre's request for said extension. 4. The term of this Agreement shall be for fifteen (15) years commencing upon the date of execution by the parties r~ereto, 5. Boynton Beach and Cuttural Centre warrant that the Project shall be made available on a non-discriminatory basis regardless of residency, race, color, religion. disability, sex, age, national origin, ancestry, madtal status, or sexual orientation. 6. Boynton Beach shall indemnify, defend, and hold harmless Palm Beach County against any actions, claims, or damages ansing out of Boynton Beach's negligence in connection with this Agreement to the sxtent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Flodda Statutes, Section 768.28, nor shall the same be construed to constitute agreement to indemnify the County for the County's negligent acts or omissions. It is understood and agreed that Cultural Centre is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. In the event a claim or lawsuit is brought against County or any of its officers, agents or employees. Cultural Centre shall indemnify, save and hold harmtess and defend the County, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments and/or causes of action of any type arriving out of or relating to any intentional or negligent act or omission of Cultural Centre, its agents, servants and/or employees in the performance of this Agreement. 3 7. Without waiving the right to so~:ere~gn immunity as provided by Section 768.28. Florida Statutes. Boynton Beach acknowledges to be self-insured for General Liability under Florida sovereign immunity statutes with coverage limits of $100.000 per person and $200,000 per occurrence; or SUCh monetary waiver limits that may change and be set forth by the legislature. Cultural Centre agrees to maintain [hird-par~y Commercial General Liability insurance at limits not less than $500,000 combined single limit for bodily injury or property damage. With respect to Commercial General Liability, Cultural Centre agrees to add the COUNTY as an '.'Additional Insured'. Any claims-bill tailored coverage shall not be considered third-party liability for the purpose of this paragraph. Boynton Beach agrees to maintain otto be self-insured for Workers' Compensation and Employer's Liability insurance in accordance with Chapter 440, Florida Statutes. Boynton Beach and Cultural Centre agree to maintain or acknowledges to be self- insured for property insurance, which would include builder's risk insurance while the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, Atl- Risk property insurance for adequate limits based on Boynton Beach's and the Cultural Centre's replacement cost or probable maximum loss estimates for the perils of either fire, wind. or flood. Boynton Beach and the Cultural Centre shall agree to be fully responsible for any deductible or self-insured retention, Boynton Beach and the Cultural Centre shall agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which the County agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve Boynton Beach and Cultural Centre of their lability and obligations under this lntedocel Agreement. 8. Cultural Centre shall maintain books, records, documents, and other evidence which sufficiently and propedy reflect all costs of any nature expended in the performance of this Agreement for a pedod of not less than five (5) years. Upon advance notice to Cultural Centre, County shall have the right to inspect and audit said books, records. documents and other evidence during normal business hours. 9. As provided in Section 287.132-133, Flodda Statutes, by entering into this Agreement Cultural Center certifies that it, its affiliates, suppliers, and subcontractors who will aerform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof, This notice is required by Section 287.133 [3) (a), Flodda Statutes. 10. The County, Boynton Beach, and the Cultural Centre agree that this Agreement sets forth the entire agreement between the parties and that there are no promises or Jnderstandings other than those stated hei"ein. None of the provisions, terms and conditions contained in this Agreement may be added tu, modified, superceded, or otherwise altered, except by written instrument executed by the parties hereto. 1 I. The parties may pursue any and all actions available under law to enforce this Agreement including ,but not limited to, actions adsing from the breach of any provision set forth herein. 12. This Agreement shall be governed by the taws of the State of Florida and any and all legal action necessary to enforce this Agreement shall be held in :~alm Beach County, 13. Any not. ice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. Mail. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to the City of Boynton Beach: City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FI 33435 As to Cultural Centre: Director Boynton Cultural Centre, 129 East Ocean Avenue Boynton Beach, FI 33435 IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: DOROTHY H. WILKEN, Clerk By: Deputy Clerk ATTEST: City Clerk WITNESSES: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Chair CITY OF BOYNTON BEACH By: Mayor BOYNTON CULTURAL CENTRE By: Name Title Signature APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:_ County Attorney 6 EXHIBIT A PROJECT DESCRIPTION AND CONCEPTUAL SITE PLAN BOYNTON CULTURAL CENTRE, INC. 1913 CHILDREN~J MUSEUM INTERACTIVE ECOSYSTEM INDOOR EXHIEHT .PRO, IF. CT DESCRIPTION h[_-~.-...,_.~f.:,~ ~ery .~er,e vaa ~oe an mter. activ.e Ecoay~tem Exhibit wbich will focus on ~n,:Ennng me prote~tson and pre~ers~t/on of our freahwatcr system and how it nlT~t~ the plant and an/mai communities. The funds are to be used as per the following breakdown: FABRICATION, CONSTRUCTION AND INSTALLATION $50.000 According te the proposed Museum Exhibition M"aa~er Plan, this area will conaist of: * mterac~vc ecosystems fi'Om the 3gver~ades to the Ocean's F_~lge; · cut-away alic~s of the diverse ecologies; * the h~story, mechanics and effe~ of.the/ntercoasml watenvays; · the. ~_at/ou8 water cycle~ [rom ~ to grollrld alld how they impact the pgnc~urel and resident/al .areas; · · the i~lPa~;t pollut/on.has on our vraterway~; * urider~'0und aquifers, flood control ma~aSement and water distribution. .at .w? to the of ~y thc des~g~ firm of Her~t La. ar Bell, In~ F~brication of this area may free standin§ con.true, on of exhibit~ including the p~r~ha~ of compo~.mt~ fabrica~cd off-site and in~talled on · construction of ~ unit built-/tls as required. media a~d/or eo/tware development, hardwa~, equipment and wiring as required, * or/n other words all work neceeea_~ to mm an empty space into an active exhibit area. PALM BEACH COUNTY EXHIBIT B PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST Grantee Billing # (Date) Project Billing Period Item Contractual Service Salary and Wages % of Salaries) Materials. Supplies, Direct Purchases Grantee Stock Equipment Travel Donated Real Proper~y indirect Costs TOTAL PROJECT COSTS Certification: I hereby certify that the above expenses were incurred for the work identified as being accomplished in the attached progress reports. Project Costs This Billing Administrator/Date PBC~'~USE ON Ly Cumulative Project Costs Certification: I hereby certify that the documen- tation has been maintained as required to support the project expenses reported above and is avail able for audit upon request, Financial Officer/Date County Funding Participation 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 PALM BE~'~H COUNTY PARKS AND REC[~ lION DEPARTMENT CONTRACTUAL SERVI(~ES PURCHASE SCHEDULE EXHIBIT B (Date) Grantee Billing Date Billing # Billing Period Contractor Name Contractor Invoice Number Check or Voucher Number Project and date Cost General Description Certification: I hereby certify that the purchase noted above were used in accomplishing the project. TOTAL Certification: I hereby certify that bid tabulations, executed contract cancelled checks, and other purchasing documentation have been maintained as required to support the costs reported above and are available for audit upon request. Administrator (Date) Financial Officer (Date) 20F2 Requested City Commission ~Meeti~g Dates [] July 18,2000 [] August 1, 2000 [] August 15,2000 [] September 6, 2000 CITY OF BOYNTON BEACH V-CONSENT AGENDA ITEM C.2 AGENDA ITEM REQUEST FOR Date Final Form Must be Turned in to C'rty Clerk's Office luly 6, 2000 (5:00 p.m.) luly 19, 2000 f5:00 p-mo August 2, 2000 (5:00 p.m.) August 16, 2000 15:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2000 [] October 4, 2000 [] October 17, 2000 [] November 8. 2000 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.l September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m./ October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [-- Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve reduction in surety for the water and sewer portions of the project known as Cedar Ridge PUD, from $97,723 to $9,772.40 ;.~- EXPLANATION: The developer of this project had posted surety, in the form ora letter of credit from Great Southern Bank (no. 97-089), in the amount of $97,723.00. to guarantee the completion of the water and sewer systems serving this project. Both systems are now substantially completed, and the Developer has requested a reduction in surety. PROGRAM ilVIPACT: None FISCAL IMPACT: None ALTERNAT~he Developer~as substantially completed the improvements, and furnished a bill of sale easements for t~ect utiliti~We therefore see no alternative to his .request. and Dep~tmenYHe-ad s Signature "~'~'"'~i~'-Manager's Signatm'e Utilities Department Name City Attorney / Finance / Haman Resources XC: Peter Mazzella (w/attachments) Finance Dept. City Attorney File S:kBULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R00- A RESOLUTtON~OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A REDUCTION IN THE LETTER OF CREDIT FOR CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC.(FOR T~E ~ROJECT KNOWN AS CEDAR RIDGE PUD), FRoM $97,723.00 TO $9,772.40, SAID LETTER OF CREDI~ BEING ISSUED BY GREAT ~ouTHERt~ BA-N~ K, NO. 97- 089; ~/~D~ P~0V!DINGAN,~FE~"¥E DATE. WHEREAS, the developer of this parcel, previously submitted a Letter of Credit in the amount of S97,723.00 as sure~y~ to guarannee completion of waner and sewer systems serving nhis site; and WHEREAS, developer has furnished the City with a bill of sale ~or the systems and requested mhat the surety requmrement be reduced to $9,772.40; and ~qHEREAS, a final mnspeotion has been conducted projecm and the system appears to be functioning without any defects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY on this properly COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, hereby approves a reduction of a Letter of Credit shall become (No. 97-089) from $97,723.00 to S9,772.40. Section 2. That uhis Resolution effective immediately upon passage. PASSED AND ADOPTED this City Clerk (Corporate Seal) day of October, 2000. CITY OF B©YNT©N BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner OUR CLEANL~WOCABLE LEI-~OFCREDZT ~97-089 APPLZCANT : DATE OF ZSmu.'.: DATE OF EXPIRY: A~DUNT AVAZLABLE: condor Investments of Palm Beach County, 430 North G Street Lake Worth, FL 3346~~ City of'Boynton Beach 100 EaSt Boynton Boulevard Boynton'Beach, FL 33435 June 3, 1997 June 3, 1998 NINETY SEVEN THOUSAND SEVEN HUNDRED THREE DOLLARS A/qD NO/100 ($97,723.00) Inc. TWENTY Gentlemen: We hereby issue in your favor our Irrevocable Clean Letter of Credit which is available against your drafts drawn at sight on us. This is a Clean Letter of Credit, and no documents except for the draft and the original Letter of Credit are required. All drafts must be marked, "Drawn under Great Southern Bank Letter of Credit #97-089, dated June 3, 1997." It is a condition of this Letter of Credit that it be automatically extended without amendment for a period of one year from the cu=rent ~r any future expiration date, unless we notify you in writing not less than sixty (60) days prior to the current or any future expiration date, that we elect not to so renew this Letter of Credit. We understand that this Letter of Credit is issued to provide financial recourse for the installation of the public improvements at Cedar Ridge Estates, a P.U.D., as prepared by Paramount Engineering Group on May 20, 1997, and as certified by Gary W. Passero, professional engineer ~27371 from the State of Florida. 2000 Palm Beach Lakes Blv~L . West Palm Beach. FL 33409. ~561) 683-1600. FAX (56l) 683-4532 Mailing Address: P.O. Box 3305 ° West Palm Beach. FL 33402-3305 CLEAN IP/~EVOCABLE LETTER OF C~EDIT ~97-089 JUNE 3, 1997 PA~E2 Drafts drawn under this Letter of Credit must be drawn and presented at our office at 2000 Palm Beach Lakes Boulevard, Eighth' Floor, West Palm Beach, FL 33409, Attention: Gerald F. Martens, Executive Vice President, notlater than expiry date: June 3, 1998, or any extended date thereafter. of Credit will be duly honored upon presenta~i0n to us. This Letter of Credit is enforceable in a court~ of competent in ,Palm Beach County, Florida, and is to be the laws of the State of Florida, and is subject P=actice for Documenta=y Credits, (1993 Revision) International chamber of Commerce Publication N%u~ber 500. Very truly yours, ~-Executive Vice President Great Southern Bank PAHAMUUI~ I ~. - IENGINI~II~GROUP, INC. ~ ~ ~ ~ject Ne.= 1921 ~ M.D. J~4, ~w.~; ~:~z. ~~- ~,~ Date: ~{~d~ ...... ~ mn~:- ;~{~n'~ ' REVISED.5-3~1997 ~ ENGINEERS ~ ESTlUATE m~j~CT: Cedar Ridqe (Multi-f. mi~ , ~ ~ mF ~_~ ~ SANITARY INSTALLAT~0N ~:1~~ ~ - M6~li~a:~10 ~..~ .... ~ · . ~ ; 26 ~ ' ' · ~,, I%75, ~ : L;F. ~ 14 ~ 20,650 ooo 750 ~ . 1 . EA. _ 750 . ~ EA. . 185 . ~ mmo 7S ' Rest°ra: i ~ ~ ~ LS . 5000-.~ · . Uncom lete -- ' ': - - - ~ Al~ ._ ,- :- __~~ ~ ~ ~~ $39,~80 . TOTAL ~~~ JEN~IN~8'ARGHITEGTS'PLANNEFle-gUI~EYOR~ I:~rOjlct NO.= 1~2t ~ . M.D. /'4~w-~~' ~-z- ~T~ ~- ~,l 11/14/96 ~c~- F~(~,~ ~ Do~: Rwl~d~ P.M.K. ENGINEERS ESTI ATE P~J~CT: Cedar Ridqe (Multi-family) ~ON: Boynton Beach, Florida SM~T... One OF One C~I~NT : Cedar Ridge Development Corp, WATERMAIN INSTALLATION ~w MOBn ~TATTON ~ I LS $1,000 $1,000.00 2W 6" DIP 2,565 LF 9.75 25,008.75 3W 6" MAINLINE VALVES 8 EA 400.0( 3~200.00 ~u FIR~ HYDRANT ASSEMBI IFS 3 EA 1~500.0( 4~500.00 (COMPL~E ~ ~.V.) .. 5W WET TAPPING SLEEVE 2 ~A 1.200.0 2.400,00 6W REMOVE PLUG/BLOWOFF CONNECT 2 FA 250.0~ 500.00 TO EAiSTING LINE 7W AB~bON' IN PLACE (6" 560 LF) I LS 625. O0 625, O0 RW DOUBLE SERVICE 3~ EA 165,00 5,940,00 gW SINGLE SERVICES 1 FA ]3~ nn ~35.00 10W FITTINGS I LS 1.500,00 1,500,00 11W PRESSUEE TESTING/BACT. TEES 1 LS 400.0( 400.00 · 12W S~PLE POINTS 4 EA 175.0[ 700.00 13W RELOCATE EXISTING HYDRANTS 3 EA 800.0[ 2~400.00 14W CUT-IN CROSS I EA 950.0~ 950.00 TOTAL: $4g,g58.75 Requested Cig, Commission MeetJnu Dat~_s [] July I8,2000 [] August 1. 2000 [] August 15, 2000 [] September 6, 2000 V-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Offic4 July 6, 2000 (5:00p.m.) July 19, 2000 (5:00 p.m.) August 2, 2000 (5;00p,m.) AugUst I6, 2000 [5:00p.m.) Requested City Commission Meetin~ Dates [] September 19,2000 [] October 4. 2000 [] October 17,2000 [] November 8. 2000 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20. 2000 (5:00 p.m.) October 5. 2000 (5:00 p.m.) October 18. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Approve the Software Maintenance agreement between Queues Enforth Development ( Q.E.D. ) and the City of Boynton Beach. EXPLANATION: Q.E.D is the software supplier for the Cities dispatch system. The yearly contract for support is $34,330.00. Q.E.D requires a signed agreement between the City and Q.E.D, ~1~ PROGRAM IMI~ACT: ~0\e qO,J,q.e - Without the signed contract, the City will not be legally able to use their software. FISCAL IMPACT: Funds have been budgeted in account 001-2110-521-46.91 $34,330.00. Department Head's Signature City Manager's Signature Pohce Depamnent Name City Attomes) / Finance / Human Resources SABULLETrN~ORMS~AGENDA JTEM REQUEST FORM.DOC RESOLUTION RO0- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZ NG AND DIREC~I,I~G TH:E MAYOR AND CITY '~C~ERK ~' TO EXECUTE 'A ',SOFTWARE MAINTENANCE DISPATCH SYSTEM BOYNTON BEACH AND [TY'S THE CITY OF :-QUEUES ENFORTH [QED): AND WHEREAS, the City of Boynton Beach desires to enter into an agreement with Queues Enforth Development, Incorporated (QED), to provide a software system for the City's dispatch system; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, at the recommendation of staff, does hereby authorize and direct the Mayor and City Clerk to execute the a Software Maintenance Agreement between the City of Boynton Beach, Florida and Queues Enforth Development, Incorporated (QED), copies of said Agreement being attached hereto as composite Exhibit "A". Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ... day of October, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner AGREEMENT BETV~ EEN QUEUES ENFOR'FH DEVEL(~PMENT. INC. AND THE CITY OF BOYNTON BEACH FOR SOFTWARE NLkINTENANCE AGREEMENT entered ~nto on November 1,2000 by and between QUEUES ENFORTH DEVELOPMENT. INC. ("Q.E.D."), a Massachusetts corporation with its principal place of business at 432 Columbia Street. Cambridge Massachusetts 0214 l. and THE CITY OF BOYNTON BEACH~ the undersigned Q.E.D. client [the "Client"). THIS AGREEMENT sets forth the terms an~d conditions ,under which Q~E.D. agrees to provide support services to the Client in connection with the compuier sol'are l]een§ed by Q.E.D. to the Cliefit. L DEFINITIONS a) The term "System" means the programmable on-tine computer system fumishea, delivered and installed by Q.E.D. pursuant to the Agreement between Q.E.D. and the Client specified on Exhibit A attached;hereto (the "System Agreement '). b) The term "Licensed Software" means all sofiwam licensed to the Client pursuant to the System Agreement as set forth on Exhibit B attached hereto. c) The term "Confidential Information" means the Licensed Software and any other information, data or oral information subsequently reduced tO written, form, received by one party from the other and clearly identified by the disclosing party in writing as confidential. d) The term "Modifications" means any revisions of the Licensed Software which Q.E.D. may incorporate in the standard version of the Licensed SoftWare and which do not materially improve or expand the functionality of the Licensed Software. e) The term "Enhancement~" means revisions of or additions to the Licensed Software which Q.E.D. may develop or acquire and which either (i) Q.E.D. chooses not to incorporate in the standard version of the Licensed Software or (ii) improve or expand the functionality of the Licensed Software. The term "Installation" means that Q.E.D. has installed the System and determined that the System ts operative. g) The term "Maintenance" means Q.E.D.'s provision of the support services described in Section 3, commencing after acceptance of the System by the Cliant or at such time as is otherwise specified in the System Agreement, and continuing for the term specified on Exhibit C as such term may be extended in accordance with the provisions of Section 3(d). 2. CHARGES AND PAYMENTS a) The Client agrees m pay to Q,E.D. the fees specified on Exhibit C attached hereto, as the same may be amended from time to time. including the fee specified for the initial term of Maintenance. l'he fee for any subsequent annual term of Maintenance shall be billed by Q.E.D. to the Client at least thirty (30) days prior to the end of the then current term, b) The support services under Section 3(a) will be provided to the Client at no additional charge. Services rendered by Q.E.D. which are not part of the services Q.E.D. has agreed to perform free &additional charge in Section 3(a) will be charged to the Client_ during the initial term. at Q.E.D.'s standard rates set forth in Exhibit C. c) Fees and rates for subsequent periods shall be at Q.E.D,'s standard rates, all of which shall be in a written amendment executed by Q.E.D. and the Client. d) In addition to the charges payable pursuant to this Section 2, unless exempt therefrom he Ctient sha pay any and all import duties, levies or [n:tpo'sts and all ~les, use Value-added and other taxes of any nature assessed upon or with respect to such payments under this Agreement, exclusive, however, of taxes t~ased Q:E.D.'s net income on Except as otherwise specified herein, all invoices rendered under this Agreement are due and payable within thirty. (30) .days of the. date.., of invoice_. All invoices ~other than for the prepayment of the annual fee for Maxntenanca) not pa~d wtthm thwty (30) days from when due shall be subject to a monthly interest charge of one and Or/e-~al£percent (1 I/2%) per month on the unpaid baiance. The failure of the Client to pay the annual fees for Maintenance afl:er written notification shall result in the complete termination of any continuing obligation of Q,E.D. to provide Maintenance to the Client. Subsequent to the initial year of the term of this Agreement, if funds sufficient to support continued performance are not appropriated or otherwise made available. Client shall terminate this agreement as provi&d in G.L.c. 30B, Paragraph 12. 3. SYSTEM MAINTENANCE AND ADDITIONAL SUPPORT SERVICES a) Q.E.D. will provide the Client the following maintenance services provided the Client nas made all payments due Q.E.D. and has fulfilled all of its requirements under this Agreement and under the System Agreement: i) Q.E.D. agrees to provide maintenance services to attempt to correct any error or defect reported by the Client and determined by Q.E.D. to be in the Licensed Soft:ware. Such services shall be provided during normal ~usiness hours~ which are 8:30 a.m. through 5:30 p.m., Monday through Friday, except holidays, and in the most expeditious manner reasonably possible and at no additional cost to the Client. In order to expedite such maintenance services, Q.E.D. shall provide 24 hour call-in capability. In no event shall Q.E.D. have any responsibility (I) to correct any data errors or any errors or damage caused by or arising out of input errors or resulting from changes to the Licensed Soft:ware made by the Client, or (2) with raspeet to any data loss or corruption due to afiy solb, vare malfunction or hardware problems or Failures. Upon notifying Q.E.D. of an alleged error in the Licensed Soft:ware, the Client shall give Q.E.D. access to its computer equipment, the Licensed Software and all relevant records, and shall assist Q.E.D in substantiating the existence of the alleged error. ii) From time to time and at its sole discretion, Q,E.D. may make Modifications and Enhancements available to the Client for purchase at Q.E.D.'s then published license fee with respect thereto, provided that the client is not then in default with respect to any of its obligations to Q.E.D. The terms on which the Client acquires any such Modification or Enhancement, including the terms on which Q.E.D. will provide Maintenance with respect to the Modification or Enhancement acquired, will be set forth in an amendment to the Agreement executed by both Q.E.D. and the Client. 'I~e Client is under no obligation to acquire any Modification or Enhanceman~, with the exception that the CIiant must allow Q.E.D. to install all Modifications which are being provided by Q.E.D at no cost to the client. The Client will provide Q.E.D. With access to its system to permit installation of each no-cost Modification within 45 days afl:ar notification by:Q.E.D, of its intention to install the Modification. The ~lure of the client to allow Q.E.D. to install any no-cost Modification will relieve Q.E.D. of an5 further Maintenance obligations with respect, to the Licensed Sofavare. All Modifications and Enhancements acouired by the Client. whether for a fe~ or at no cost. shall become part of the L censed Soft:ware for ali purposes of this Agreement. iii) Q.E.D. shall provide up to six (6) hours per month of telephone consultation with respect to the System during Q.E.D.'s norma{ business hours This technical assistance and consultation is designed to train and help the System Manager(s) operate the system more effective y These consultation hours, if not used. can not be carried forward or accumulated month to month. b) Q.E.D. will provide consultation and additional training and undertake special programming projects on a time-available basis at Q.E.D.'s rates specified in Exhibit C. Any soRware resulting from a special programming project undertaken by Q.E.D. at the Client's request shall become part of the Licensed Soft:ware for all purposes of th is Agreement and the System Agreement. THE CITY OF BOYNTON BEACI-I Maintenance Agreement Page 2 of I1 c) Q.E.D. will-not be required to'provide support for installations of the Licensed Software which have not been installed within forty-five (45) days of its release the thin current Q.E.D. supposed version of the Licensed Sol, are. 'Similarly, Q.E.D. will not.be require~[ t0 'provide support if the Licensed Sc;f~vare has been modified by anyone other than Q.E.D. but will consider doing so in accordance with the terms and conditions specified in Section 6. d) Maintenance 's~all be ~re~!~wed for up tO two ad~iti0n,al 0t!e-3Lecr~ ten~s~ ar the:rDptiO,II:0f the Client. commu/ticated t0 Q.E,D; ndt less than30 day~ pi'io(~o the stat of the then Currenl~ annual term e) The Cliant~ shall at all times~ have at eack:sita a} which the System is installed a Sys, te~ Manager who is acceptable to Q.E.D. m Q~E~D, s ~tscret~oa and who, has been certified by Q.E.D. as properly trained. All communkafions by the Client with, Q.E D, must o~ily be made by ~sueh Sys~tem ~Magager or by designated alternates a sO ~a%eptab e t~ Q E D~ i~i it~ discretion. The b_ifial Sy§tem Mafili~ is i, dentif~ed on Exhibit D attached hereto~ Training for r~pli~cemept'Sys~em Manager~ will ~e pro~ided ~t~Q~E,D.'s then applicable rates. The rate during the initial period is liste,~l, ia Exhibit C: sub;~tueyt~ perioii rates shall be at Q.E.D.'s standard published rates, wkich ~i[}: be refi. eC~fl,~ !n~ ~g~n, :am, e,n~e~t,tg;b~,e~ecgtgd hy qLE;D, a~td the Client. The Client must at all times while this Agreement remairts ~ effect, provide andmaintain 4n good operating conditions ihe communicatinn ~quipment ~/nd~fa~lliti~i tlecessaryTo/' Q:E.D. to achieve dial-in access to the System for purposes of remote diagnostics and errqr correction. . g) The Client shall perform the routjne .,System ~amtenanc~ ~specified on Exhibit E attached hereto for so long as th s Agreement remains in eff%t~ ~.E.~. ~h~l be relli~efl of all of its obl{gati0ns hereUnder in the event that the Client t'afls to perform su~ routine mamfanance. h) Q.E.D~ will ~provide Hardw&e (as that term is defined in ~e System Agreement) maintenance in accordance with the terms and conditions se~ ~i>?ch i~ me ~rhaifiidn~e eontraut(s) attached hereto as _Exhi0it F. The CI cut agrees that it will not,upgrade rao~ reap ae~ o(6therwise ~ ten or attad{ devices tO. the Hardware without the prior wcirten consefit Of Q~E.D.: ' ' ' 4. PROTECTION OF CONFIDENTIAL INFORMATION a) The Client acknowledges that the System constitutes trade secrets and Confidential In formation of Q-E.D. b) During the course of this Agr.e~ementLQ.E.D. and the Client will disclose certain Confidential Information to each other, including without hmitatifn ih the ease of Q.E.D., information specifically relating to the System, c) The Client agrees not to sell, assign or distribute the System or any part thereof to any other person, firm or corporation and shall use reasonable efforts to cont~me knowledge and access to the System only to its employees who require such knowledge and access in the ordinary course and scope of their employment by the Client. d) Any information disclosed by one party (disclosing party) to the other (receiving party) which the disclosing partlt considers confidential shall be~ (i) outlined in writing and marked "Confidential" by the disclosing party; (ii) ~'eated as Confidential Information of the disclosing party; (iii) used by the receiving pawj for no purpose other than as provided in this Agreement: and, (iv) treated in a manner such that the receiving party shall take all reasonable precautions to prevent the disclosure thereof to any third party including such precautions said receiving party takes for protection of its own Confidential Information. The obligations set forth in this Section 4(d) shall not apply, however, to any information which: (i) is already in the possession of the public or becomes available to the public through no breach of this Agreement by the receiving party; (ii) was in the receiving party's possession prior to receipt from the disclosing party, or (iii) is received independently from a third parry free to disclose such information ~o the receiving party. e) All Confidential Information furnished by one party to the other shall remain the property of the disclosing party. THE CITY OF BOYNTON BEACH Maintenance Agreement Page 3 of 1 l 0 Both parties represent that they have the right to disclose the information tisciosed under the terms of this Agreement. g) This Agreement shall govern all Confidential Information exchanged between the parties including all information exchanged prior to the effective date of this Agreement. h/ Q.E.D. retains the right to seek copyr ght protect on for the Licensed Software or any copyrightable material. The Client shall not remove any copyright or proprietary rights notice included in any materials furnished to the Client m connection with this Agreement or the System A~eement. i) The Client. . shall.: not, unless specifically· authorized under this Agreement or except for ordinary ~heeCr~SoS~k:dPelPi~Tre°7~ u~s.el~Dm., f;~. ~ have .m,,ade any more copies of the Licensed Software or anypartand y t~... e Client s use hereunder. LIMITATION OF LIABILITY In no event shall Q.E.D. be liable for any damages whatsoever caused by the Client's failure to perform its responsib~ities5 or for tost profits~ neidenta!, consequential, or special damages with respect to the System and its use by ~e Clieht or this Agreement even if Q.E.D. has been advised of the ~ossibility of such dama~as~ ' 6. ALTERATION BY CLIENT Any attempts by the Client to alter the System shall be at the Client's sole risk and expense and in no event shall Q.E.D. have any obligation to support or maintain any a teration which is not distributed by Q.E.D. and made a part of the Licensed Software, Q.E,D. will consider providing support with respect to Licensed Sofi~vare which has been so altered, for an additional mutually acceptable fee, but only if the Client grants m Q.E.D. a perpetual. royalty-free license to market the altered version of the Licensed SoRware. Q:E,D. shall not be responsible in any regard and shall incur no liability for System failures or any nonconformance to System documentation which occgr as a result of any alteration so made by the Client and for which Q,E.D. has not agreed to provide support and maintenance, and the Client assumes full responsibility for any liability arising from such alterations. It is also specifically understood by the Client that by'altering the Licensed SoRware. subsequent Modifications or Enhancements of the Licensed SoRware and related documentation may be rendered unusable. 7. TERMINATION a) Q.E.D. may t~rminate this Agreement if Q.E.D. gives written notice to the Client specifying the Client's failure to make payment when due and the Client fails to make such payment within ten (10) days after the effective date of such notice. b) Either party may terminate this Agreement if the other parry fails or defaults in the performance of any of its material obligations under this Agreement Iother than failure by the Client to make any payment when due) and fails to cure or commence to cure such failure or default within thirty I30) days following the effective date of written notice. c) Either parry may also terminate this Agreement by written notice to the other, effective immediately upon its having been given, if the other party shall file a petition in bankruptcy, shall be adjudicated a bankrupt, shall take advantage of the insolvency laws of any state, territory or country, shall make an assignment for the benefit of creditors, shall be voluntarily or involuntarily dissolved, shall admit in writing its inability to pay debts as they come due, or shall have a recetver, trustee or other court officer appointed for its property. d) Termination of this Agreement does not relieve either party of obligations to make any payments or perform any services due prior to the date of termination. e) Pursuit of any remedy hereunder or under applicable law by either parry shall not prevent such parry from pursuing any other available remedy and shall not operate as an election of remedies. Each party's obligation to protect the confidential nature of the System and other Confidential Information under Section 4 shall survive any termination or expiration of this Agreement indefinitely. THE CITY OF BOYNTON BEACH Maintenance Agreement Page 4 of I I 8. MISCELLANEOUS a) The parties agree that this Agreement 9nd the System Agreement. including any Exhibits hereto and thereto. and any submissions or proposals referred to ~n any of those Exhibits, constitute the enure agreement between the parties in connection with the System and supersede all prior agreemenm, understandings, negotiations and discussions, whether oral or wrirtan, of the parties. There are no warranties, representanons a~ckor agreerae~rs bet~e~n~e pa~Jes in connection w.~th the System,. except as specifigally sec fo~h or fefe~reffto in thi~ Agreement or in the System Agreem~tit. b) Fhe waiver, amendment or modi~cation of an> proyision~of this Agreement or agy right,, power or remedy hereunder shall not be effective~anless made in Wrlting'~.fici Ji~i~od by the p~ ~ga~n~t ~hom;gnforeement of such Walver, amendment/or,modificat/on is.:so~ht? The:~e~s-tof th:i~ ~C~i~e~t~ ~hal[ ~qt be amended or Chang;'d by the terms of any pur~ase or,er or. ae~nowled~grhent e~e¢ th6i~gh)Q:EiD, may~h~.ve accepted or s gnarl such documents. No ~iiure or delay by e~the~ pa~ in exercisi.n.g.~ny ~ight~t~9.w,~r or remedy with respect to any of its rights hereunder shall operam as a wai~'er thereof: c) Any notice or other ~:0mmunication~ regluirea, or permi~d'~ereumler sha~' be given in writing to the other p~ ~'tha ad~e~s spe~i~*herein~ ~a~ ~flc~,~r ada~ ~ha~l ka~:~ee~ ~vgn' by'eith6~ to ~e other '~'w~g, pum~~t'to {his A~n~ Sa~ n~a~h~t be~'~em~ ~ 'h~v~ bee~ ~iven when sent by ceffified or regi~ered'United Smms m~l. d) This Agreement shall be subject to and interpreted in accordance with the aws of the Commonwealth of Massachusetts. e) If any provision of this Agreement or the application of andy such provision shall be held:by a txibuna[ of competent juris,dic~on to be contrary to law~ ~he remaining provis ohs of ~ti~s Agr6ement, Sad all other applications af such provisions, shall continu~ in full rome an~d effect. ..... f) All the )erms :and provisions of this Agreement shall be bin~ding upon and inure to ~th? behest of the parties hereto, ~and th~i~;successors and asSig~ and legal .rep~esenlatNes; eXcept:that ~e!~i: part~ ~y assign this Agreement or, any right,granmd hereunder, ia ~h61e or in paff,'w[th0ut th6~0the~Sprinr wdttad e6hsent. g) Neither Q.E.D. nor the C i~nt shall be liable for any damages or penalty for del~ in performance of its obligations h6riUnder or for failure tO give notice of delay when such delay is due'to t~e etcmeht~, acts of God, delay ifftranspormtion or any other causes beyond the reasonable control of Q.E.D. or the Client. IN WITNESS WHEREOF, Q.E.D. and the Client have caused this Agreement to be executed effective as of November 1, 2000. Q.E.D.: QUEUES ENFORTH DEVELOPMENT, [NC. Oavtd B (~ordon Date Director. Public Safety Division For the Client: THE CITY OF BOYNTON BEACH THE CITY OF BOYNTON BEACH Maintenance Agreement By: Name: Date Title: Page 5 of I l EXHIBIT A. TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH SYSTEM AGREEMENT_ Agreement between THE CITY OF BOYNTON BEACH and QUEUES ENFORTH DEVELOPMENT, INC. for a Public Safe~ Soft:ware sys~ern, THE CiTY OF BOYNTON BEACH Maintenance Agreement Page 6 of 11 F, XHIBIT B 'FO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. ~,ND THE CITY OF BOYNTON BEACH LICENSED SOFTWARE CAD/Partner - Computer Aided Dispatching Software POLICE~Partner- Reeord~ Management System FIRE/Partner - Record~ Management System E911/Partner- 911 Interface to CAD MOBILE/Partner - Interface to CAD CAD/Map CRtMEINFO Informix Products: Informix IDS Informix SQL THE CITY OF 13OYNTON BEACH Maintenance Agreement Page 7 of 11 EXHIBIT C TO SOFTWARE -N[AINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH Fees for Term of Maintenance Initial Term: Sol'are Maintenance: FEESCHEDULE November I 2000 - October 31 2001 $ 34,330.00 Standard Rate Schedule Consultation: $ 150.00 Training: $ 150.00 per hour plus expenses per hc~ur ptus ~eXpenses Travel and out of pocket expenses will be billed separately and are the ~esponsibility of the customer. THE CITY OF BOYNTON BEACH Maintenance Agreement Page 8 of 1 l EXHIBIT D TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY~OF~BO](N~ON BEACH DESIGNATED SYSTEM MANAGER (S) NAME/ADDRESS Doug Solomon 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Sg~. James Prestinari 00 E Bovmon Beach Blvd. BoyntonBeach, FL 33425 Dawn Jackson i00 E~Boynto~n Beach Blvd. Boynton B~ac~, FL 33425 TELEPHONENUMBER 561-742-6171 561-742-6100 561-742-6166 THE CITY OF BOYNTON BEACH Maintenance Agreement Page 9 of 11 EXHIBIT E TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH ROUTINE MAINTENANCE TO BE PERFORM ~.~ ~ BY CLIENT MAINTENANCE ACTIVITY Required Tape Backup of QED Licensed any Record any Error Message which will be Referred to in a Maintenance Call. At least every 14 days, Sof~vare and within I day of maintenance work done on the system by a QED Employee, and upon request by a QED employee. On going Maintain the On-Line Site Trouble Log _Recommended On going Tape Backup & Verification of Client Data Update Tape Backup Log Update Local Service Log Maintain Console Printer Clean Tape Drive Heads Reboot System Protect Root Password On going After every backup After every service call On going At least every thirty (30) days At least every two (2) weeks On going THE CITY OF BOY/~rON BEACH Maintenance Agreement Page 10 of I 1 EXHIBIT F TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH~DEVELOPMENT- INC. TKE CITY~OF~BOYNTON~ BEACH HARDWARE MAINTENANCE (Not Applicab THE CiTY OF BOYNTON BEACH Maintenance Agrecmant Page 1! of Il V-CONSENT AGEN DA ZTEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates n to C tv C erk's Office [] July lg, 2000 [] August I, 2000 [] August 15. 2000 [] September 6, 2000 luly 6, 2000 (5:00 p.m.) July 19, 2000 (5:00 p.m.} August 2, 2000 (5:00 p.m.) Augast 16, 2000 (5:00 p.m0 Requested City Commission Meetin~ Dates [] September 19~ 2000 [] October 4, 2000 [] Octolxa' 17, 2000 [] November 8, 2000 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 $:00 p.m.) Octobe~ 5.2000 (5:00 p.m.) October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation RECOMBIENDATION: Approve a contract with Wallace Roberts & Todd, LLC (WRT) to provide Master Planning, Design, and Engineering Services for the development oflntracoastal Park for a freed fee of $150.000. Estimated charges for Miscellaneous Fees, Surveys and Permitting, are $20,000 and the estimated charges for Construction Administration is $35.000. Total is $205,000. EXPLANATION: At the October 4, 2000 Meeting the City Commission authorizied the City Manager to negotiate a contract with WIlT for consultant services. The City is currently finalizing an interlocal agreement with Palm Beach County to develop Intmcoastal Park. Grant funding totaling $1,700,000 is available from Palm Beach County. WRT has done previous planning on the lntracoastal Park site in 1991 and in 1997. PROGRAM IMPACT: Development of Intracoastal Park will include waterfiont picnic, flex space, concession and res~oom buildings; a Veterans Memorial; a lake, with the opportunity for paddle boats and remme-cuntrol boat rentals; wind surfing access to the Intracoastal Waterway; active pathways; a Mangrove Preservation area; and outdoor dinig areas overlooking the Intacoastal Waterway and Lake. These ammenities will provide a significant increase in recreation opportunties for our residents and visitors. FISCAL IMPACT: The proposed City/County Agreement calls for grant re/mbursment of $1,700,000 by Palm Beach County. Consultant Fees will be covered by this agreement. ALTERNATIVES: Prepare a new RFP allowing other firms to submit proposals fo~ this work. This will take considerable time and could put our grant from P,alm Beach County in jeopardy. l~epa~ent Head s Signature ' ~ Manager's Signature Department Name City Attorney / Finance / Human Resources S:/BULLETINIFORM S~AGENDA ITI~M REQUEST FORM.DOC RESOLUTION NO. R00- A RESOLUTION OF THE C1TY COMMISS33N OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND C1TY CLERK A CONTRAG-'T~ I -- AND PROVIDE: PARK WHEREAS, on Octob~r'4,~'2000; the City'Commission authorized the City Manager to negotiate a'contract With Wallace, Roberts& Todd (WRT) consultant services, to provide Master Planning, Design, and Engineering Services for the development of [ntracoastal Park; and WHEREAS, the City Manager has successfully completed negotiations with WRT for a fixed fee of $150,000; estimated charges for Miscellaneous Fees, Surveys and Permitting are $20,000 and the estimated charges for Construction Administration is $35,000, totaling $205,000; and WHEREAS~ the City is currently finalizing an Interlocal Agreement with Palm Beach County to develop Intracoastal Park, in the amount of $1,700,000. NOW~ THEREFORE~ BE IT RESOLVED BY THE CZTY COI~I[4ISSION OF THE C~I'Y OF BOYNTON BEACH~ FLOR~DA~ THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute Contract between the City of Boynton Beach and Wallace, Roberts & Todd, which Addendum is attached hereto as Exhibit "A" and made a part hereof. Section 2, This Resolution shall become effective immediately upon passage. 1,~CH\MAIN\SHRDATA\CA\RESO~Agreernents\WR&T Agr 101000.doc PASSED AND ADOPTED this ATTEST: City Clerk day of October, 2000 c[-rY OF BOYNTON BEACH, FLOR[DA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner \\CH\MAIN\SHROATA\CA\RESO~Agreements\WR&T Agr 101000.doc 0CT-04-~0~ 1~:49 TODD, Planning & Dasign /( September 22, 2000 ]ohn Wildner, Parks Superintendem City of Boynton Beach I00 East Boynton Beach Boulevard Boynton Beach. FL 33426 Re: Construct/on Documents for Intracoastal Waterway Park Dear Mr.' Wilflner: Wallace Roberts & Todd, LLC (WRT) is pleased to present this proposa~ to provide master planning and design servicesfor Intraeoastal Waterway Park. $oining WRT to provide civil and environmental engifieering services will be SunTech Engineering. PROPOSED DESIGN FEES The WRT team proposes to complete full professional services for design, and preparation of conswa~tion documents for the site and architectural improvements identified in the revised master plan budget estimate attached. This budget estimate:is based on your comments regarding revisions to the previous master plan prepared by this office. The fm al project construction budget will be doterrmned at the conclusion of the Master Plan Revision. 2) 3) Maser planning, desig.n and engine~,~fing services for a fixed fee of $150,000. Budget Eitimate for Miscellaneous Fees, SUrveys and Permitting, $20,000. Budget Estimate for Construction Administration, $3f000. This proposal is subje~ to change pending the final revision of the master plan. Additional information and surveying may be required by permitting agencies and will be billed as an additional service. If this proposal m~ta with your approval, please contact me regarding the necessary procedure:to establish a formal contractual agreement. If modification of this proposal would better suit your needs, please contact me. Regards, ~c~i Marst°n al P. a2 1 Wallace Roberts & Todd, LLC f~x 305.443.8431 WGLLP~E ~OBERTS ~, TODD, Princbal Wallm:e Roberts & Todd, LLC [{ourlL~ Schedule 20O0 Associate Professional St~.ff ....... Technical St~f Cbrical Staff Princiwl Sun T h En ine, erin 2OOO 305 ~43 8431 2 $. t_7.0-200/hr. $115-145/hr. $ 65-85/hr. $ 50-65/hr. $ 40-50/hr. $ 100/hr. Professional Staff T~chnical Staff Clerical Staff $85-95/hr. $ 30~r. P. ~3 TOTAL P.03 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM V-CONSENT AGENDA ITEM C.5 ]-- July 18,2000 [] Augustl, 2000 [] AugustlS, 2000 [] September 6, 2000 Requested City Commission Date Fh'ml Form Mus~ be Turned Requested City Meeting Dates in to City Clerk's Office Commission Meeting Dates July 6,:2000 (5:01~ p.m4 [] September 19. 2000 July 19, 2000 (5:00 p.m.) [] October 4. 2000 August 2, 2000 (5:00 p.m.) [] October !7, 2000 August 16~ 2000 (5:00 p.m.) [] November 8, 2000 NATURE OF AGENDA ITEM [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned in to Cit~ Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.j October 5, 2000 (5:00 p.m.) October I8. 2000 (5:00 p.m.) Developmem Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Move to approve renewal of contract with Children's Services Council (C SC) for the 2000-2001 fiscal year Latchkey Af~erschool Program in the amount of $55,886.00. EXPLANATION: Each year the City of Boynton Beach must contract with Children's Services Council for grant funding enabling the Latchkey Program to be conducted. The program is designed to assist those in need of day care at Rolling Green Elementary School. The Afterschool program is located at the school and will serve over 90 families with a maximum capacity of 100 students. Attached, are the 2 contracts. Upon approval, please return the original executed copies to the Leisure Services Department. These agreements will be sent to CSC for their signatures and the City Clerk's office will be provided an original copy upon receipt from CSC. PROGRAM IMPACT: Without approval of this contract and the City of Boynton Beach funding, the Latchkey Program cannot function. It is essential to receive the grant funds for the program so that the Leisure Services Department may Continue serving the children and parents of Rolling Green Elementary School, FISCAL IMPACT: Uae Latchkey Afterschool Program is a collaborative effort between the City, CSC and the School Board of Palm Beach County. The City of Boyaton Beach has appropriated $34,113.00 for the operation of this program, CSC will provide $55,886.00 and the School Board will provide $18,000.00 We have included our contribution in the 2000-2001 Recreation budget for the Latchkey Afterschool Program. ALTERNATIVES: l. The City of Boynton Beach would fund this program alone. 2. The School Board would have to explore possibilities to subsidize the high cost of their traditional School Age Child Care programs. ~ff'~armlent He~W~'~ignamre Leisure Services/Recreation Department Name ' - '~ ~ity Manager's Signature City Attorney / Finance / Human Resources 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 A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND CHILDREN'S SERVICES COUNC L IN THE AMOUNT OF $55,886,00 FOR THE 2000-2001 BOYNTON BEACH LATCHKEY AFTERSCHOOL PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon dation of staff, deems it to be in the best interests of the citizens of the City of Boynton, Beach to execute a Contract with the Children's Services Council (CSC) in the amount of $55,886.00 [or the funding of the 2000-2001 Boynton Beach Latchkey After School Program; and WHEREAS, the Latchkey After School Program is designed to assist those in need of day care services at Rolling Green Elementary School, and is a collaborative effort between the City, Children's Services Council (CSC) and the School Board of Palm Beach County; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby s and directs the Mayor and City Clerk to execute a contract with the Children's Services Council (CSC), for grant funding in the amount of $55,886.00 to be utilized as primary funding for the Latchkey After School Program. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __. day of October, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner ATTEST: City Clerk EXhibit "C" 1. Program Data Form C 2000-2001 BASE PROGRAM APPLICATION INFORMATION PROGRAM FORM C - Agency Funded · Agency Name: th~ C~ ~v of Bovnten Reach by CSC Since: 1989 Boynton Beach Latchkey Afterschool Program Funded Program Name: Program by CSt Since: 1989 ' ~.::' . -., PROGRAM INFORMATION Enter the number of either (1) chi;d,=, and/or adults; or (2) the number of famiJie served fqr primary and/or outreach services. Children and/or Adults or Families Pdmary 10~..(.After S.c~hool) 0 Outreach 50 (Summer)~ What are the ages of the Check the geou~=pidc area(s) n Pa m Beach County you will serve: cents you will serve~ Please 0 - 3 __ Check 3 - 5 X North (45th Street to Martin County Line) 8 - 11 X South (Hypotuxo to Sroward County Line) X Boynton Bch. 12 - 18 X Central (45th Street to Lantana/Hypoluxo) Adult West Centra ONe ington and/or Royal Palm Beach) All of the Above West (West of 20-Mile Bend) All of the Above How many employees w this program have? How many employees will be funded by CSt? Full Time 1 Full Time Part Time 8 Part Time _5' Number of Volunteers (Non-Paid): 2 · '*: FISCAL INFOR la. TION 1999-200{) CSt 2000-2001 $ % CONTRACT BUDGET CHANGE CHANGE PROGRAM CSCFunds S 46,052 $ 55,886 $ 9,834 -t7.6 Total Program Budget ~; 192,954 $ 205,737 $ 12,783 CSC % of Program Badge[' -- ~ 23.9 % --27.2% AGENCY TotalAgency Budget $ 2,317,2t7 $ 2,433,078 $115,861 5 Program % of Agency Bu~dget 8.3 % 8.5 % ~ Cost per client (proposed) 1,678 4,49 . ....... r' ........... !'~'~ ~ ~-~:~?~:~:"~"?~' ' I Weighted weekly average of 84 children use to determine cost per client. :Exhibit "D" Conditions of Award CONTRACT 00-102 AGENCY: City of Boynton Beach PROGRAM: Latchkey After School Program CONDITIONS OF AWARD I. PROGRAMMATIC A. Issues or information to be furnished or resolved within sixty (60) days of execution of contract: N/A B. Conditions to be observed throughout contract: 1. The program is to serve latchkey chi ctren who are of elementary-school age. Latchkey children are defined as having parents or guardians who work or who are otherwise not regularly available to provide supervision dudng out-of-school hours: i.e., 3:00 to 6:00 PM, summer, school holidays, and partial days. 2. Representatives of all programs receiving fund ng through the Council 1998-99 RFP will become members in good standing of the Palm Beach County Out-of- School Consortium. 3. A designated provider representative(s) w attend and participate in monthly provider meetings which are held by the Council's staff. All staff funded through the Council who have direct contact with children must complete ten hours of annual in-service training in Developmentally Appropriate Practices. This is in add t on to the training requiredby licensing. Providers receiving funding from CSC need to have a Disaster Plan in place to protect staff, and property and to ensure the program's ability to continue essential functions for the community. Programs funded through CSC will make every effort to obtain staff that have the cultural competence and language skills to work successfully in the community with the population being served. 7. All staffworking in CSC funded programs are to follow the child abuse reporting requirements under Florida law. F:WORD/2000-2Q01 Funding Process/COA/YD 102 08/23/002:19 PM CONTRACT 00-I02 AGENCY: City of Boynton Beach PROGRAM: Latchkey After School Program I1, FISCAL A. Issues or information to be furnished or resolved within sixty (60) days of execution of contract. N/A B. Conditions to be observed throughout coritr'a~i 1, To encou[age parents and clients to be responsible partners, Provider agrees to require a m n mum fee for serv ces according to one or more of the following standards. a. Depattmen! Of Children and F~milies Subsidized Child Care Parent Fee sc~ie~u~e Or; ' b.. 'Department of Children and Families Parent Fee Schedule with modifications to the daily rate, which are approved in wdting by the Council staff or; c. A sliding fee scale in a format approved, in wdting, by the Council staff. 2. f any fees aregenerated by the Council's:fund~ed program in excess of the amount budgeted, the Provider wili notify {he COUncil staff of the excess revenues and plans to expend such fees. The Provider agrees to pnoritize the use of excess fees 'in the following order: a. Increase the numberof clients attending the program within licensed capacity. b. Purchase those terns which Would be considered "enhancements" to the service being provided in'~orde~ tO improve the quality of the program. c. Reduce the Council'S funding by the amount of the excess fees received. 3. All fees generated by the Council funded program will be recorded in a separate revenue account, F:WORD/2000-2001 Funding Process/COA/YD 102 08/23/002:19 PM Agency Name: ~he City of ~ovn~on Beach ProPosad Budget fOr fear Ending ~ Program Name: Boynton Beach Latchkey Afterschool Program ~; ¢t ~ ........... ,, ": ' AMOUNT' ' 18 Building/Occupancy a. Rent b. Depreciation ' t9 Cu.mid nicatio~slUtiliti~ a. Telephone phoae ~2~0. b. Postage & Shipping c. Utilities (Power~aterlGas) 20 Sub-Total C~,~n!c~k.~slUt,t~= 9713 9713 21 Pri,ti,~ & S~ppliss a. Office Supplies 9300 (city) First aid Supplies, Janitorial Supplies, Toys, Games, Special Events, Uniforms, 93,601 (city). c. Pti,ting 22 S~b-Total Pri,tin~lSupp!!~e ' . ' 93,901 (city) Page 4 of 5 FORFUNDERChJ. Idren Sezv::[c~s Council of Palm Be~ Agency ~am~:' "The City of Boyn'ion Beach ........ ' : proposed B~a~et for Year Ending Program Name: Boynton Beach Latchkey Afterschool Program ~ EXpenDITURES , . ~ AMOUNT 23 Food Da~ly DelSvered Snacks $11,700 (program foes) $0.65/each x 180 days for 100 children, 24 a Pro[ossional Fees Out of School Consort~u~ ~odules ~3,000 (CSt), Sumer Program $1,000.~_(par0n~ feeo)~ $3,000 ' ,4'000 b Insuranco c. Building Maintenance ' d. Equipment Rental/Maintenance Administrative Clerk ~onSror ~pgrade $600 (c~ty) e Specific Assistance to Individua s ~ Highlights Magazine & FSACC Membership dues ...... ,_.,/.i ........ ,, - $52 g. Training & Development ~orkshops~ Seminars, Inserv~ce HRS Required Training $150 $300 (progr~'~es) ~ ~o-eat h. Awards & Grants .... ~ ......... e5o 5 ' FORM A: INDIVIDUAL PROGt,,,~M BUDGET NARRATIVE , ' FOR FUNDER Child,~.,, Services Co,,noi] of Palm Beach ~unr¥ . ' · Agency Name: .... The r--Ci't¥ ~'O']~-- Boyp. t-c~n.-,-Be~h- ........... PropOsed Budget for Year End n9 Program Name: ~oyn[on Beac[~ Latchkey A£terschool ?ro~;ram : REQUESTED EXPENDITURES AMOUNT I. Sponsored Events k. Miscellaneous HRS License $150 for 25/$3.00 each additional $375 25 Sub-Total Other $3,427 26 Indirect Cost The City of Boynton Beach $11,307 and Palm Beach County District $55,119 pit pen es (Equip t) 27 Ca al Ex s men ' 28 Total Expenditures ' $205,737 $55,886 ALL FINANCIAL INFORMATION ROUNDED TO NEAREST DOLLAR Page ! of ] FORM A.I: PERSONNEL BUDGET NARRATIVE FOR FUNDER: Chlldre~ Services Council Agency Name: The City 0~ Boynton nBeach Program,Name~-~B,eyn.~ea,~]~e~h~L~t~¢b,i~e,w~A~,Ce~s~ho~-~r~ ..................... ~tgPt~ Fiscal Year 10101t2000 to 913012001 Note: Use addigonal sheets if necessa~. ,, ,f~.~..,~' ....... :,,. :~ .. ~;~:~.~A~ ~-~,'~ ~,- .~nA~"S ..... .- ;~ NUMB~R-OF:'~ ~AY' ~Y~ "::~..:~ ~O*A~ "~ '': :=R.~:~,,~a~l~f=~*~+~= =1.~,~ =~L4:,4.~,_ _lO/OliO( og/30/O: 25 ,. 507 .... 100 ~ ~1~,484 $t4,484 Rec. S~ecialist. . 100 $10,038.._.: '~_ _: ~:10/01/00 09/30/01 5 ~. 502 100 :7/;$10,03~. $10,038 Clerk III 100 ;12,480 10101[00 09/30/01 24 520 100 _ $12,480 ~12,480 Supervisor ~~al5~.C_~_~_ [0~ $ 9,324 lO/Ol/OO 09/30/01 25 466 .3511 SAC~ ~orker 100 $ 9,000 10/01/0~ 09/30/0] 20 ~50 0 0 0 ~S4~._~o.[k~ ~oo $ 9,000 ~O/Ol/OC 09/30/0] 20 ~50 0 0 0 ~,o~m~,n.o.n.t~,t]~8,t.i,tu_t,e~--,-$~.,9.60- _:lO/_O. 1/O0 09/30/0; 5 5~0 ~ : [~0, ~,:3,960 $ .3~960 Sub-Iotal Salaries ..... ~-~= "'~'~'"~;-'~ ~ .~' $47.087 $ 47,087 Agency Name: Program Name: FORM B: INDIVIDUAL PROGRAM BUDGET BY FUNDING SOURCES Page 1 of 4 The City of Bovnton Beach Boynton Beach Latchkey Afterschool Program Funding Period 1010112000 to 913012001 (1) (2) (3) (4) (5) (6) (7) (8) (9) REVENUES CSC CITY PBSD ?rogramFee TOTAL 1. Funds from $55,886 $34,113 $18,000 · $107,999 Govt Sources 2. Foundations 3. Other Grants 4. Fund Raising 5. Contributions/ Legac es/Bequests 6. Membership Dues 7. Program Srvbe. $31,312 $31,3t2 Fees/Sales to Public 8. Investment Income 9. In-Kind , $11,307 $55,1t9 $66,426 10, Miscellaneous 11.TotalRevenue $ 55,886 $ 45,420 ,$ 73,119 $ 31,312 $ $ $ ~ 205,737 FORM B: INDIVIDUAL PROGRAM BUDGET BY FUNDING SOURCES -Page 2 of 4 Agency Name: The Cit7 of Boynton Beach ' ~ Program Name: Boynton Beach Latchkey Afterschool Program Fundin_ ~l~l:Period 1010112000 ......... to 913012001 (2) (3) (4) (5) (9) ? ......... E-XP E NB1~EtRES ....... ~_...--~-~v- ..~7 ~. ~., Ii . j TOTAL $47,087 $23,462 $14,000 $12,175 13. EmPloyee Benefits: $3,602 $1,794 $1,071 $931 $7,398 a, FICA b. Florida Unemployment c. Workers'Compensation $1,057 $1,018 $1,429 $535 $4,039 d. Health Plan $1,888 $1,500 $3,388 e., Retirement 4. Sub-Total Employee '1 ........... '~", ...... : I $4,659 $4,700 ' $4,000 $ Benefits $ ! 4,825 15~_.~b-~l~plari~ 1 2 m ~17 ......... $51,746 $28, 6 $i8,000 $13t641 I a. Travel/Transpodation ~3,555 $3,555 b. Conferences/ $1,500 $1,500 Regi'stration~ravel 17. Sub~TotalTravel $1,500 . , $3,555 $5,055 18. Building/Occupancy a Rent Page 3 of 4 FORM B: INDIVIDUAL PROGRAM BUDGET BY FUNDING SOURCES Agency Name: Tha C..Jt'y of Roynt-on Beach Program Name: Rnynrnn R~h l.~r~hk~y A~r~ehna] Pra~rn~, Funding Period 1010112000 to 9130/2001 (~) (2) (3) (4) (5) (6) (7) ~8~ (9) E)~P~ENDITURES S ' CT~V p~ccn I )~=~mv~ b, Depreciation 19, Communications/ -Utilities $713 $713 a. Telephone b. Postage & Shipping c. Utilities (power/Water/Gas) 20. Sub-Total Communications/Utilities $ 713 $ 713 21. Printing & Supplies $300 , $300 a. Off~ce Supplies b. Program Supplies $3,601 $3,601 c. Priniing · 22. Sub-Total Printing/ Supplies $3,901 ~ $3,901 23. Food Service $12,816 $12,816 24. Other a. Professional Fees $3,000 $1,000 $4,000 b Insurance c Building Maintenance Page 4 of 4 FORM B: INDIVIDUAL PROGRAM BUDGET BY FUNDING SOURCES Agency Name: The City of Boynton Beach Program Name: Boynton Be. ach Lat;chk~e~: Afterschool Program Furidi~g~Pefiod 1010~12000 to 913012001 L2) ....... (~) ...... .(~5) ~ . (7) - - (8) (9) d Equipment Rental/ $400 ~400 Maintenance . e. Specific Assistance to Individuals f. Dues & Subscriptions $52 g. Traimng & Development $150 $300 - $450 h. Awards & Grants I. Sponsored Events j. Payments to Afl. Organizations k...- Miseeltaneeus ........... $3~ ................................ ~ $375 25. Sub-Total Other $3,427 $550 $5,277 307 $55 119 di ctCo $66 426 26. In re sts $11, , , 27. Capital Expenses (Equipment) 28. TotalExpenditures $ 55,886 $ 45,420 $ 73,119 $ 31,312 $ $ ~ $ 205,737 CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY 2000-2001 PROGRAM EVALUATION MODEL AGENCY: PROGRAM: CONTRACT NO.: City of Boynton Beach Leisure Services Department Latchkey After School Program 102 PROCESS MEASUREMENTS OUTCOME MEASUREMENTS Inputs Activities Initial Intermediate Long-Term Check if the following are in Program Services: Program I. Program wi provide to I. Increase on NSACA scores as place: will report any variation in Program Spec alist summary rated by provider and Program staff program hours as spec fled report on activities reflecting Specialist. Baseline will be site by model requirements, the opportunities offered. 1998 data. resources Targeted Population: Program will report: a. the numberofchildren served daily; the number of days attended by each child b. the numberofchildren served annually c. theage rangeofchildren served; the grade level of children served d. the length of time each child remains in the program e. the numberofchildren identified with special needs fi the staff to child ratio I. Program Services: A. REQUIRED ACTIVITIES Program will report: Al-3: activities available to children A4: the number of children 5 CHI-LDREN~S SERVICES COUNCIL OF PALM BEACH COUNTY 2000-2001 PROGRAM EVALUATION MODEL AGENCY: PROGRAM: CONTRACT NO.: City of Boynton Beach Leisure Services Department Latchkey After School Program 102 PROCESS MEASUREMENTS ~ !UTCOME MEASUREMENTS Inputs assisted Activities with homework Initial Intermediate completion each day; the number of reading volunteers each day; and, the number of children with special needs assisted by school-district supplied Teacher Assistants ^5-7: activities available to children B. PROGRAM-SPECIFIC ACTIVITIES , Program will count: 1. the number and types of modules offercd 2. the numberofparents attending Orientation and Open House. Result of Parent survey. 3. the number of meetings with Rolling Green staff and administration 6 F:\WORI)\2000-2001 PII. OGRAM MOI)I!LS 102 CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY 2000-2001 PROGRAM EVALUATION MODEL AGENCY: PROGRAM: CONTRACT NO.: City of Boynton Beach Leisure Services Department Latchkey After School Program 102 DATASOURCE PROCESS MEASUREMENTS OUTCOME MEASUREMENTS Inputs Activities Initial Intermediate Long-Term Site: Program Services: I. Activities Summary Report to 1. NSACA Gu delines Si.te Visit Observation in written fore, at to Program Program Specialist Personnel Records Specialist Targeted Population: Staff'.' a. Attendance Log; Tracking Site Visit Observation Form b. IDF/Termination Log/Track- Resources: lng Form/Attendance Log Site Visit Observation c. IDF/Tracking Fom~ d. IDF/Termination Log e. Tracking Form f. Site Visit Observation; Attendance Log and Staff Attendance Records (to be reviewed periodically by PS) Activities: A I-3: Weekly Activities Calendar A4: Tracking Form; Attendance Log A5-7: Weekly Activities Calendar B I: Weekly Activities Calendar B2: Survey results to PS; Tracking Form B3: meeting minutes. List of attendees. PS ::\WORD\2000-2001 PROGRAM MODEI.S\I02 08/15/00 Exhi bit "B" 1. Form A: Program BUdget Narrative 2. Form A-I: Person neI,Budget~ Narrative 3. Form B: Program Budget by Fundin~Source BUDGET NARRATIVE '~ , FOR FUNDER'c~zla~:sa~Wtca~ C~unc~.~ ut ?al,. ~eaeh Cou%? Agency Name: The City o~ Bovnton Bea£h Proposed Budget for Year Ending Program Name: Boynton Beach Latchkey Afterschool Program REVENUES ~/~ ~ ' REQUESTED AMOUNT rids fr t SO 1 Fu om Governmen urces Childre~ Service~ Council $55,886. ~he City o£ Boy. ton Beach $34,]-),3, ?alm Beach $55,886 Cou~ty.S¢~o.ol. District $].8,000. 2 Foundations 3 Other Grants 4 Fund Raising 5 Contributions/Legacies/Bequests 6 Membership Dues 7 Program Servk:e Fees and Sales to tlie Public Participant Pees £or~ the school year $22,495, Sprin§ Break $375, Sum~er ?rogram $8,442. Total 9 In Kind The City o£ Boy.ton Beach $].1~307, Palm Beach County School District $55,119. 1'0- Miscellaneoos-Revenue ....... - 11 Total Revenue $55,886 Agency Name: ~h~ ~v o'~ ~Ov~o~ ~eaeh ~ ~ ~. _B~'~h=.Lat~hkeY .Afte~school. ~og~am Program Name: 12 Salaries ~ (1)"~d~i:~'stra~ive Clerk $12,480, (2) Recreation- Spec~al'ists ~19,419 ('school year), $47,087 ' ([~/~):R~r.~:a~io~-[eade~.$2~B.5~ (~) Recreation Specialists (s~er) 13 Employee Benefits a. FICA . $3,602 ~ ~0..0765 x $47,087 = $3,602 b. FI Unemployment c. Workers' Compensation ~[a~ rare o~ ~t,057 (47,087 x .0~244) ..~ $~,057 d. Health Plan ~ e. R~timment '14 Sub-Total Employee Benefi~ ~i $4,659 ~5 Sub-Total Salaries & Benefits I a Travel~mnspo~a{i&n~S~ ~e~ Fe~[d-~ps..$500, Su~e~. C~mp ~ps (b~s $3,555 (p~os~am ~ees) b. fences eg~uauO raver Nat~onal~'an4- S~a~e Out of -School .Co~feren~:~$ (city.) .$ l, 500. MODIFICATION AND EXTENSION AGREEMENT This ,~g, reement, entered into as oflhis 1St day of October, 2000 by and between the CHILDREN S SERVICES coUNcIL OF pALM BEACH COUNTY, a political subdivision of the State o£Flofida (hereinafter referred to as "Council") and City of Boynton Beach/Department of Leisure. Serviees/L~tehkey ~fter School Program (he.reina~er referred to as "Provider"), for the period from October 1, 2000 ("Effective Date' ) to September 30, 2001. services in program entitled Latchkey After School Program, and ~WI-IEREAS> the parties, pursuant to the terms o£~is Agreement, have decided to modify and extend the Original Agreement. WITNES SETH: IN CONSIDERATION of mutual agreements hereinafter contained, the parties intending to be legally bound hereby agree as follows: 1. The Original Agreement is hereby modified by amending paragraph 1 thereof to read as follows: The Council agrees to reimburse to the Provider sums up to $55,886.00 for provision of services described in Exhibit "A" (consisting of the Program Evaluation Model) attached hereto and made a part hereof; composite Exhibit "B" (consisting of the Council's Budget Forms A, A1 and B submitted by Provider) attached hereto and made a part hereof, and Exhibit "C" (consisting of the Program Data Form) attached hereto and made a part hereof. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by the Provider shall be provided in compliance with all terms and conditions set forth in the Exhibits "A", "B", and "C" and with the Conditions of Award attached hereto and made a pa,rt hereof as Exhibit "D", as well as the terms and conditions of this document. The attached Exhibits to this Agreement shall control over any inconsistent provisions in the Exhibits attached to the Original Agreement. 2. The Original Agreement is hereby modified by amending paragraph 14 thereof to read as follows: 14. Payments for services rendered pursuant to this Agreement shall be made to the Provider monthly on a reimbursement basis. Provider shall submit an invoice to the Council by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures Contract #: 00-102 Governmental Extension Agreement - Original 1999 Page: 2 made by the Provider under this Agreement, in whatever form reasonably required by Co~uhcil, Subj?ct to the availa?ity of fund~, the Council will provide ~iml3tirS~ra~ht.t~/th¢ Pr&C{der *iihift:'°,5!day~ ~Rer~ree~.ipt of ~he'invoice, Provider sh~ili: S'ubfl~it a fm/~l :{nv0i~e rathe C06?cil noqater than Octol~er 31:, 2001! (with appfopfiate~'dOdumeniation):-;The Coah¢il wilt hot reimburse Pr0videf, for any e~c~di~res made by Pr0¢id~r:tinder ~this Agreement that at~e submitted after O~bei: '31,'200 i. ' ' ' and effect. IN WITNESS WHEREOF, the parties, have caused this Agreement to be executed by their underslgn~d :duly authorized repreSenfative;s. ~' · ': ~,'i City of Boynton Beach/Department of Leisure Services BY: Print Name Print Title DATE: Children's Services Council of Palm Beach County BY: Gaetana D. Ebbole, Executive Director DATE: Approved As To Form & Legal Sufficiency BY: Thomas A. Sheehan, III Attorney for Children's Services Council of Palm Beach County F:\WORD~2000-2001 Funding Proc~ss\GOV1EXT- original 1999.doc 09/12/00 12:37 PM Requested City Comrdsdon Meeen~,Dates [] July 18, 2000 [] August 1, 2000 [] August 15,2000 [] September 6, 2000 CITY OF. BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Figal Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p.m.) July 19, 2000 (5:00p.~0 August 2. 2000 AugUst 16. 2000 (5:00p,m.) Requested City Commission Meeting Dates [] Septeraber 19. 2000 '"] October 4, 2000 [] October 17. 2000 [] November 8, 2000 V-CONSENT AGENDA ITEM C.6 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.~ September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] PablicHearing [] Legal [] Bids [] UnfmishedBusiness [] Announcement [] Presentation RECOMMENDATION: Motion to approve the proposed project agreement with the Florida Inland Navigatiion District for Boat Club Park Navigation Channel Dredging and authorize the execution of this agreement by Resolutiion. EXPLANATION: Per commassion authorization .R00-21) of March 7, 2000, staffapphed for a grant from the Florida Inland Nawgation District in the amount of $25,000 to be utilizied for payment of the City's portion of an InterloCal Agreement between Palm Beach County and the City of Boynton Beach, for the maintenance dredging to an existing channel from Boat Club Park to the Boyaton Inlet. Palm Beach County will perform the actual dredging as part of a large~ project at the Boynton Inlet. The City of Boymon Beach will use the $22,500 actually approved in this grant to reimburse the County for our share of th/s project. Actual cost of the dredging will be determined when the county bids the Boyaton Inlet work. PROGRg~VI IMPACT: Several hundred boats each week use the Boat Club Park Channel to get to the Boynton Inlet. Over the last several years this channel has filled up with sand making it difficult for boaters to use. Periodic maintenance of the channel w/Il continue to be the norm every several years. It is our intention to utilze FIND Grants periodicaly to perform this service. Boaters who use our park will benefit greatly from the increased efficiency of the channel, FISCAL IMPACT: The City will save approximately $22,500 that has been committed towards this project. ALTERNATIVES: Reject this ,grant and have the City pay the full cost ofth~ect, Department Head s Signature *~ 12½~ ~Vlanager's Signature Parks t~d/p4~ ~/z~_ Department Name City Attorney Finance / Human Resources s :~BULLETIN~ORMSXAGENDA ITEM REQUEST FOP. aM.DOC RESOLUTION NO. RO0 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING CITY ~LAND BOAT AND 7, 2000, the City Commission authorized staff to apply for grant funds from the Florida Inland Navigation Distdct in the amount of $25;000, to be utilized for payment of the City's )ortion of an Intedocal Agreement between Palm Beach County and the City of Boynton Beach, for the maintenance dredging to an existing channel from Boat Club Park to the Boynton Inlet; and WHEREAS, the City of Boynton Beach has been awarded a grant of $22,500, from FIND, which grant funds will be utilized to reimburse the County for our share of the project; NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of!Boynton Beach hereby authorizes and directs;the Mayor and City Clerk to execute a Project Agreement between the City of B(~ynton Beach and the Florida Inland Navigation District for Boat Club Park Navigation Channel Dredging, a copy of which is attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ATTEST: City Clerk day of October, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner FLORIDA INLAND NAVIGATION DISTRICT October 03, 2000 COMMISSIONERS TED B. MOORHEAD CHAIR 3REVARD COUNTY CHARLES R. FAULKNER VICE-CHAIR FLAGLER COUNTY JO ANN ALLEN SECRETARY ST LUCJE CDUNTY CATHLEEN C. VOGEL TREASURER MiAMI*DADE COUNTY · . BRENT WADDELI. MARTIN COUNTY LAURENCE D. LOCKER BROWARD COUNTY DAVID lC ROACH EXECUTIVE DIRECTOR MARK T. CROSLEY ASSISTANT EXECUTIVE DIRECTOR Mr. John Wildner Director - Parks Dept. City of Beach Boulevard FL 33425-0310 RE: Boat Club Park Navigation Channel Dredging Dear Mr. Wildner: Enclosed, for your signature, are two original project agreements for your approved Waterways Assistance Program project for fiscal year 2000-200:t. Once they have been executed, please return both originals to me for execution by the District. When returning the agreements, also include an executed Exhibit C, Matching Funds Form. ! will return one fully executed original agreement to you for your files. Should you have any questions please contact me. Assistant Executive Director ADMINISTRATIVE OFF CE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD. JUPITER. FLORIDA 33477-9498 TELEPHONE 561-627-3386 FAX NO. 561-624-6480 www. aicw. org FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. PB-BB-00-84 This PROJECT ereina ter AGREEMENT made and entered into this day of , 200_ by and-between the Florida Inland Navigation District "DISTRICT"), and the City of Bovnton Beach, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject tO the provisions of this Agreement and Rule 66B-2 of the Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provi~le assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Boat Club Park Navigation Channel Dredging. Said project is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters. Any modifications to the PROJECT shall require advance notice to and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the D/STRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 1, 2002, unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT period extend beyond three (3) years from the October 1, 2000. The PROJECT SPONSOR acknowledges there are no provisions to cany over the DISTRICT assistance funding under this Agreement be.vond September 30, 2003, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. Any request for extension of funding beyond the date set forth in the preceding paragraph shall require submittal: by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July 1, 2002. This request will then be considered by the DISTRICT Board, whose., decisi0~ shall be fm~ .3.~SSIST ,~. CE AMOUNT - The DISTRICT shall contribute no more than Seventy-five :percent ('/5%) :of the PROJECT SPONSOr'S out-ofepocket~ costs for completion of this PROJECT ("PROJECT AMOUNT") Pa~yment of funds: by the DISTRICT to. ~the. PROJECT SPONSOR (the."ASSISTANCE AMOUNT~') will be on a reimbursement basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $22,500.00. 4. MATCHING FUNDS The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with access to applicable books and records, financial statements; and bank. statements 5. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the PROJECT period, with the exception of pre- agreement costs, if any specifically identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. 6. PRE-AGREEMENT 'COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agxee that there shall be no reimbursement of funds by the DISTRICT. for any obligation or expenditure made prior to the execution of this Project Agreement. 7. REIMBURSEMENT PROCEDURES PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form g90-20)attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project fimds may be released in installments, at the discretion of the DISTRICT, upon submittal ora payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit A: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT AMOUNT less any prior installment payments. The Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of a photograph of the PROJECT showing the sign required by paragraph 17. Unless othemrise -determined by the DISTRICT, the~£mal reimburs.ement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a: public comm!~Onl ~me~ e0-~.g~r,?pu~b.,~!.c dedicatiorr'c~r~mo~y for-the, 9. RE~S~:~RE~TENTIObI- :Th~ ~{!.OIE~,.SPO~$OR~. ~1 retain all records Suppp .rt~g th~. :I~ROJECT COSTS for,thre~, (3) years afar the end of.the 'fiscal year in which the Einalo~ayment .is released l~y theDtSTl~I,~ ~GT~.,exce:pt that such records shall be retained by the PROJECT SPONSOR until fm~al resolution,~f matters resulting from any litigation, claim, or special audit that starts prior to.. the expiration of the three- year retention period. 10. NONCOMPLIANCE The DISTRICT shall have the fight to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification f~om the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. SPONSOR'S LIAISON AGENT-The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT tenn. These Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Ph6tog~aphs shall be submitted when appropriate to reflect the work accomplished, NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of tiffs Agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, roles and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years after completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, m a prominent location at the completed project which shall indicate that the DISTRICT contribmed funds for the PROJECT~ The before construction a~,d installation of said sign..This sign shall: contain the DISTRICT SPONSOR_:e~eets a temp,o~E~.¢~oas ~tm~cfion'Aign,..it shall~also indicate~the DIS~?RICT's participation. 18. PROJECT MAINTENANCE When and where applicable, the PROJECT SPONSOR agrees, to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities and in accordance with applicable health standards. PROJECT facilities and Improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and ~to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 21. RIGHTS AND DUTIES The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context dearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any. interest hereunder without the express prior written consent of the DISTRICT. 22. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be deemeda waiver ~of any other breach'of the same or different provision. 23. -'NOTICE - Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To PROJECT SPONSOR at: City of Boynton Beach Attention: Director - Parks Dept. 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 24. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, parmer, or joint venturer with the PROJECT SPONSOR. 25. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and constnaed according to the laws of the State of Florida. 26. assistanceto the PROJECT SPONSOR who has madeapplieafion for this assistance. In the event, the PROJECT SPONSOR transfers ownership or management of,the PROJECT to a party or parties not now a pan of this document, other than another governmental .entity that agrees .~to ~assumei .in writing, PR:O~JECTS~SPONSOK~S obtigafion~ hereunder, the DISTRICT xetains the,right to full reimbursement from the PROJECT SPONSOR to the full extent or,the funding assistance provided by the DISTRICT~ including but not limited to any costs and reasonable attorney's-fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 27. ENTIRE.UNDERSTANDING - This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. 28. LITIGATION COSTS/VENUE - In the event that the DISTRICT or the PROJECT SPONSOR institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post-judgment levels. The venue of any such litigation shall be had only in Palm Beach County, Florida. [This space intentionally lef~ blank] IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT By: CHAIR DATE: WITNESSES: PROJECT SPONSOR By: Title: DATE: 9 EXHIBIT A CHAPTER 66B-2 -- WATERWAYS ASSISTANCE PROGRAM 66B-2.001 Purpose. 66B-2.002 Forms. 66B-2.003 Definitions. 66B-2.004 Policy. 66B-2.005 FUnds Allocation. 66B-2.006 Application Process, 66B-2.0061 Emergency Applications. 66B-2.007 Application Form. 66B-2.008 Project Eligibility. 66B-2.009 Project Administration. 66B-2.010 Project Agreement. 66B-2.011 Reimbursement. 66B-2.012 AccoUntability. 66B-2.013 Acknowledgement. 66B-2.001 -- Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created s. 374.976, Florida Statutes. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under s. 374.976, F.S., for local governments, member coUnties and navigation related districts within the District. This program will be known hereat~er as the Florida Inland Navigation District's Waterways Assistance Program. Specific Authority 374.976(2) FS. Law Implemented 374.976(I) FS. History -- New 12~I 7-90. Formerly 16T-2.001. 66B-2.002 -- Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-91], Formerly 16T-2.002. 66B-2,003 -- Definitions. The basic terms utilized in this role are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION? means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION.PERIOD" means the established period for submitting applications to the District. (4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (9) "LIAISON AGENT" means the comact person officially designated to act on behalf of the applicant or the project sponsor. (10) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. 2 (11) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (12) "MEMBER COUNTY" means a county located within, the taxing boundaries of the District which includes Dural, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Dade Counties~ (13) "NAVIGATION RELATED DISTRICTS" means p0!, authorities,~ inlet ? districts or any other agelacy having !egaIly au~orized navigatio~ related duties ~n waterways of the District. (14) "PRE-AGREEMENT COSTS" means projectcosts approved by the~ District Board which have occurred prior to the, execution-of the project agreement. (15) "PROG~'! means: the ,Florida Inland Navigation District Waterways Assistance Program. (16) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (17) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (18) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (19) "PROJECT MANAGEK" means the District employee who is responsible for monitoring the peffonnance of the Project and compliance with the project agreement. (20) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (21) "PKOJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (22) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (23) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (24) "WATERWAYS" means the Atlantic Intracoastal Waterway, all navigable rivers, bays, creeks or lagoons intersected by said waterway and all navigable natural, creeks~ rivers, bays or lagoons entering or extending from said waterway. (25) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, polkical, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90. Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98. 66B-2.004 -- Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided fmancial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the mmntenance of public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Member counties 4 may also be provided financial 'assistance, support, and cooperation in planning and carrying out beach renourishment and inlet management projects. (b) Eligible 10~al g0~emments may a~Is9 be provided,financial assistance, supporl and cooperation in planning and~ carrying OUt p:ublic navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly relat, ed :to the waterways. Eligible local g0vemmen~ ~ay: ~!Sg~: ~e .pro'tided ~ .~n~¢i~ a~s~sis:mn/ce, in p!~:~ama~ hg and ~ing out.b~aeh~renoufi~rn~t~ :~4 :in!~! ;management projects. (c) Navigation related districts may be provided with financial assistance~to pay part of the costs of the planning and acquisitionof dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long- range dredge material management plan for that county. Navigation related districts may also be provided with assistance for environmental mitigation projects associated with waterway improvement related activities and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. Ail seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (2) The District will notify by direct mall and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. (3) Approval of projects by the District shall be in accordance with these roles: (4) The District and the project sponsor shall enter into a project agreement prior to the release of program funds. (5) Theproject sponsor shall clearly identify and enumerate the amount and source of the matching funds it.will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreemem is executed. (6) The DisU, ict shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. (7) The site of a proposed land-based development project shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co-applicant to meet this property control requirement. (8) Facilities funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. (9) The project sponsor shall not commence work on an approved project prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Pre-agreement expenses will be authorized if they are less than fiRy (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. (10) The project shall be completed within three (3) years of the date beginning of the District's fa'st fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (11) Project ~funds shall not be spent except as consistent with 'the project agreement cost estimate that was approved b~v the Board, which shall be an attachment to the project agreement. This cost estimate wilt establish the maximum funding.~assistance provided ~by ~the District and .the'percentage Of funding provided by each~party to the project. The District will pay the. lesser, o~ (!)~ the percentage total~oSproject.funding wl~:ch the B~ard has :agree&to fund, or (2) the:maximum application funding assistance amount, (12) Ail project Costs must be incurred and wofl~, performed within the project period as stipulated in the project, agreement Unless pre-agreement costs are approved by the Board. Pre-agreement expenses wl~ll: be authorized if they are less than fit~cy .(50).percent of the .project!s .tOtal cost and if the expenses are eligible project expenses in accordance :with this~rule. (13) The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits and regulations in the development of the project. (14) Ail development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a.boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in s. 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. (15) The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and 7 improvements:shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (16) The District shall terminate a project agreement and demand remm of program funds disbursed to the project sponsor for non-compliance with any of the terms of theproject agreement or this rule. Failure of a project sponsor m comply with the provisions of this rule or the project agreement shall result in the DistriCt declaring the project sponsor ineligible for further particiPation in the program until such time as compliance has been met to the satisfaction of the District. (17) All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. (18) Public in£0rmation produced with assistance from this program shall not'be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the publilc. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History -- New 12-17-90, Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99. 66B-2.005 -- Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 Waterways Assistance Program Application Evaluation and Rating Form, and 91-25A Waterways Assistance Program Navigation Districts Application Evaluation and Rating Form, (effective date 2-6-97) hereby incorporated by reference and available from the District office. 8 (1) In as much as the District has other,fiscal responsibilities and operational needs, financial assistance to eligible govemment agencies shall not exceed an amountequal to eighty (80) pee cent of theproportional share of.the District's~ad valorem tax collections from each county in which such agencies are located. The District may.make an exception to this~ funding limitation, if funds ,are determined to be availab!e ~based upon the Distfict!s overall goals; management.:policies, fiscal n.eetis, ~ in~oun~es~that, are~,r~eco~eri~ag ~r~omastate oEeme~g~_ncy ~,~.~. e~ ~de,r- Ch~a~;25~, FloddaStatutes. (2) Financial ~as~ jstance t0;:se,,aports may exc~eed: the proportional share of the Dislrict's ad valorem tax collections as set forth in Section 66B-2.005(1) from the county in ~which .such seaport is located if the-seaport can demonstrate that a regional benefit occurs from the ports activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in Section 66B-2.005(1) from the counties where the benefit is demonstrated less Iii) funding allocated in the same fiscal year to all other local govemmem projects funded in those counties. (3) All f'mancial assistance and support to eligible governmental agencies shall require equal matching funds from the project sponsor with the exception of public navigation, law enforcement and environmental education projects. Project sponsors of public navigation projects shall provide matching funds of at least ten (10) per cent of the total cost of the project. Project sponsors of law enforcement and environmental education projects shall provide matching funds of at least twenty-five (25) per cent of the total cost of the project. All financial assistance to seaports shall require equal matching funds. (4) Projects and project elements in the categories of inlet managemem and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty per cent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an 9 inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally, the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management L tnlet,managemen~ projects shall.benefit~ public navigation within the District and shall be C°nsistent with Department of Environmental Protection approved inletmanagement plans ~and the statewide beach management plan pursuant to s. 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public tiavigafion. (b) Beach Renourishment 1. All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with s. 161, F.S. (5) Eligible projects or project elements in the categories of public navigation, law enfomement and environmental education include: (a) Public navigation 1. Navigation channel dredging 2. Navigation channel lighting and markers 3. Waterway signs and buoys for safety, regulation or information (b) Law enforcement 1. Waterways boating safety programs 10 2. Law enforcement and boating safety equipment (c) Waterways Related Environmental Education I. Environmental Edu.~afi0n Programs Watenvays related en. vironmentat., educational~ programs shall consist of coordinated efforts among the ,local community, the Local school district arm local governments. Eligible programs shall be available to the ge!ieral public or a [~g¢mc~tsegmem ~of! ¢~ ~ ~public~ Th0~m~iculur~ ~ ~ ~l~bIeCpmgram s~haR.be ~;~e ~Distfie~t~ .th~ ~1;~.~ communiP~¢.-t~he~.,tocal school di~ct ~ag,6 t:~?1- ge~ye~entsanct shall b~ :flkec.tly .relatec~t:o the;en~iromcnt .o f the waterways. 2. E~ nyimnmentat Education Facilities Eligible environmental educational facilities shall include buildings used for waterways related education and accessory facilities such as boardwalks, docks, signs, pavilions and other such structures that are directly utilized for education. Structures having environmental education signage but not adjacent to or associated with an environmental education facility shall not be considered a waterways related environmental education facility for the purposes of this role section. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History --New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-95. 6611-2.006 -- Application Process. (1) Applications for assistance through this program shall be submitted during the authorized submission period, which is from March 1st through May 1st of each year, unless modified by vote of the Board at a scheduled meeting. The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date 12-17-90) hereby incorporated by 11 reference and available from the District office located at 1314 Marcinski Road, Jupiter, FL 33477. (2) Applications will be reviewed by the local FIND Commissioner before being submitted, to the District Office. Upon receipt.in the District office, staff Will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 4-12-95) and for compliance with the eligibility requirements of. this.mle..If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 4-12-95). When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete applic, ation in compliance with these rules, the application will not be considered for funding. (3) Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. The applicant's presentation will at a minimum include a discussion of the applicant's answers to the Evaluation and Rating Criteria on Form No. 91-25. Following the presentations, the Board will review the applications and evaluate them using the Project Evaluation and Rating Form No. 91-25 (effective date 4-12-95) hereby incorporated by reference and available fxom the District office. (4) The total points awarded to each application by the Commissioners will be averaged to determine an applications final rating score. The f'mal rating score for each appIication must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 12 points and two-thirds of the Commissioners vote for reconsideration of the application. (5) The Board wffi hold a'~funding al:tocation'meeting at which timethe Board will determine the allocation Of funds, if:any, to-each~ project: Allocations~will be based in par[ Upon the cttmulative score of the applicationsas calculated,from the Project EYaluati.on%and:~P~ting~Eorm: All6cations ~vvil} also be based upon the specific needs ofllle~in~gidu~,ex)unties- S.?e'WmAuthori~ ~:7~6~).!~S; ,.~w{mp!emen;~d 374,976(1) FS~ History ,---New 12-17-90, Amended 9-2-92, 6-24-93, 4-12-95, Formerly t 6T-2.006. 66B-2.0061 -- Emergency Applications. Emergency applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster, The District shall consider these applications in accordance with these rules. Specific Authority 374.976(2) FS. Law Implemented 374.976(I) FS. History -- New 6-24-93, .Sanended 2-6-97, Formerly 16T-2.0061. 66B-2.007 ~ Application Form. Florida Inland Navigation District Waterways Assistance Program Application Form Number FIND 90-22 (effective date 4-12-95) and 93-22A (effective date 4- 12-95) are hereby incorporated by reference and available from the District office, All applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22. All applications for financial assistance and support through this program from navigation related districts shall be made on Form Number FIND 93-22A. Specific Authority 374.976(2) FS.. Law Implemented 374.976(1) FS. Histo~ -- New 12-17-90, Amended 6-24-93, 2-3-94, 4-12-95, Formerly 16T-2.007. 13 66B-2.008 -- Project Eligibility. (1) Financial assistance and support through this program shall be used to plan or carry out public navigation, public recreation, environmental education, boating safety, spoil site acquisition directly related to the waterways, inlet management, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, improvement, operation or maintenance of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging 2. Public navigation aids and markers 3. Public boat ramps and launching facilities 4. Public boat docking and mooring facilities 5. Public shoreline stabilization 6. Inlet management projects that are a benefit to public navigation in the District 7. Waterway signs and buoys for safety, regulation or information 8. Public spoil disposal site development 9. Waterways related environmental education programs and facilities 10. Public fishing and viewing piers 11. Public waterfront boardwalks 12. Waterways boating safety programs and equipment 13. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project 14. Other waterway related projects. 14 (b) Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, land acquisition and any extraneous recreational .amenities not directly related to the waterway such as tl3.e.following: I. Landscaping 2. Park andplayground equipment 3, Res~o0ms. fo~ non,waterway users 4. Tennis:courts 5. Roadways providing access .to non-waterway users 6. Parking areas for non-waterway users 7. Utilities for non-waterway related facilities 8. Lighting for non-waterway related facilities 9. Irrigation equipment 10. Maintenance equipment l 1. Picnic shelters and furniture. 12. Vehicles to transport vessels. (c) Subject to approval by the Board of an itemized expense list: 1. The following project costs will eligible for program funding or as matching funding: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. 2. The following project costs witl be eligible only as matching costs and can not exceed fifteen (15) percent of the applicants match: a. Applicant's non-recurring personnel costs; b. Applicant's equipment costs; c. Applicant's in-house project management administration and inspection costs; 15 d. Applicanfs in-house design, permitting, planning, engineering or surveying costs for completed construction project; e. Applicant's other in-kind services. Before reimbursement is made by the District on any of the costs listed in subsection I. or 2. above, a construction contract for the project, approved and executed by the project sponsor and project contractor, must be submitted to the District. (d) Applications for eligible waterway projects which include construction elements below mean high water will be submitted as a phased project where Phase I will include the design, engineering and Permitting elements and Phase II will include the construction of the project. A~ description and cost estimate of the Phase II work will be submitted along with the Phase I application for Board review. Applicants for Phase [I funding will demonstrate that the environmental permitting element of Phase I will be completed prior to the tentative approval date of funding for Phase II. Should the environmental permitting element of Phase I of an application for a construction project not be completed by the District's meeting where tentative funding decisions for this program will be made, the Phase II project ~vill not be considered for funding. An applicant may file a petition pursuant to the rule waiver procedures of s. I20.542, F.S., and Chapter 28- 104, F.A.C., to extend the date for receipt of the required environmental permits. Petitions filed pursuant to this rule section shOuld be submitted to the District no later than July Ist to facilitate the orderly process of this program and the preparation of the District's fiscal year budget in which the assistance funds will be included. The District will not deviate from the funding schedule, whereby funding decisions are completed at the final TRIM hearing, to accommodate any applicant filing a petition after that date. (2) The Board will make all f'mal decisions: on the eligibility of a Project or specific project costs. 16 Specific Authority 374.976(2) FS. Law Implemented 374.976(1) -- (3) FS. History -- New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31- 99. 66B-2.009-- Project Administration. The District will administer all funded projects through an executed project agreement. The District will appoint a project manager who shall be responsible for monitoring~project and theproject agreement. The project manager shall also be reSPcrasible for approving allYeimbursem~nt'requbsts. The project sponsor shall appoint a li/~is0/~!:a~ent'tO-act 6fi' its l~ehdlf in carrying Out the terms Of the project agreement ot~the project Will be as f0Ilows: (1)~A pr0j~ct :~" "":' ~ :~' ' · ' ' agreeme~~ will. b~ executed between the District and the project sponsor. (2') The liaison agent wilt submit quarterly reports to the project manager summarizing the w0?k accomplished Since the last report, problems encountered, percentage of project completion and other appropriate information. These reports Shall~ continue'throughout the length of the project period until completion of the project: (3) The liaison .agent may submit periodic reimbursement requests during the project period. Theproject manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon cenifed completion of the pioject by the District. (4) Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (5) Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-23 (effective date 12- 17-90) hereby incorporated by reference and available fi.om the District office, 17 which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursemem request accompanied by all required hilling statements and vouchers. (c) Photograph(s) showing the installation of the sign required by s. 66B-2.013. (d) Photograph(s) of the completed project clearly showing the program improvements. (6) The project manager will review the project completion package and ~vill authorize or reject the final reimbursement payment, which will include all retained funds from previous requests. Specific Authori .ty 374.976(2) FS. Law Implemented 374.976(I) FS. History --New 12-17-90, Formerly 16T-2.009. 66B-2.010 -- Project Agreement (1) For each fuhded project, the District and the project sponsor will enter into a project agreement setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. (2) All proposed changes to the project agreement, must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (3) All project agreement amendments shall be approved by the District board except that the executive director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's 18 category nor result in a reallocation of more than 35% of the approved funding of the project among project elements. Specific Authority 374.9~76(2);FS, Law Implemented 374.976(1) FS. Hi~t0ry -~ New t2:17-90, P/mended 9-5-96, Formerly 16T-2.010. 66B-2.011 -- Reimbursement. The District shall reimburse the project sponsor for project costs expended, on the projec[~inacc0rdance with the project ~tgreement. Pr0ject funds to Ipe. reimbursed will ~'eCl~uire the submission of:a Reimbursement Request Form and required supporting documents, FIND Form No. 90:24~(effective date 6-24-93)~eby incorporated by reference and available from the District office. (1) All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment Vouchers for expenditures made. (2) The District shall retain ten per cent of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (3) The final reimbursement check shall be presented by a District representative to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (4) In accordance with these roles, reimbursement can not be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (I) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Amended 6,24-93, Formerly 16T-2.011, Amended 3-31-99. 19 66B-2.012 -- Accountability. The following procedures shall govern the accountability of program funds: (1) Each project sponsor is responsible for~maintaining an accounting system that meets generally accepted accounting principles and for maintaining ~uch financial records as necessary to properly account for ali program funds. (2) The project sponsor shall submit quarterly project status reports to FIND during the project period. ~These reports will sumrnarize the work accomplished since the previous report, problems encountered, percentage of project completion and any other appropriate information~ (3) All required final completion certification documents and materials as outlined in s. 66B-2.009(5) of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) All project ~'ecords including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) The project sponsor shah retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the fmal resolution of such matters~ (6) If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Specific Authority 374.976(2) FS. Law Implemented 374.976(I) FS. History -- New 12-17-90, Formerly 16T-2.012. 20 66B-2.013 -- Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed, project, which indicates the District's participation in the project his ~sign. shall contain the FIND logo. In the_~ event that the project spo~sor.erects~a t ~emPo~ary construction, sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other_publ,~c~atiqn, t~he, Dis,~ic~',~ spo~,s~0rship ~0f ttm[~publicafion:shall~be prominently indiCated atthe beginning of the puh!ication, If the Project:results in an educational display, the District'~-,!ogo and a, statement of the District's participation in the project shall be contained in the display. Specific Authority374.976(2) FS. Law Implemented 374.976(1) FS. Histo~ -- New 12-17-90, Formerly 16T-2.013. 21 EXI-IIBIT B FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROJECT COST ESTIMATE (See Rule Section 66B-2.005 & 2~008 for eligibility and funding ratios) PROJECT TITLE: APPLICANT: Project Elements Dredging for Boat Club Navigation Channel City of Boynton Beach Estimated Applicant's Cost Cost FIND Cost Boynton Ramp Dredging Dredge 1,645 3Tds of sand ~ $11.55 Purchase & Install Channel Markers $19.000 $1.900 $6.000 $600 'TOTALS Form No. 90-25 (New 10/14/92) $25.000 $2.500 $17.100 $5.400 $22.500 EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Matching Funds Certification Sporlsor: Project Title: Project I hereby certify that the above referenced project Sponsor, as of October 01, 2000, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated October 2000. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 95-01 New 919195 EXHIBIT D FLORIDA INLAND NAVJGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAAE: PROJECT SPONSOR: Amount of Assistance Funds Previousl. y Requested Balance Available Funds Requested Less Retainage (10%) Check Amount Balance Available Less Check Amount Balance Remaining PROJECT NO.: BILLING NO.: Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost Applicant FIND Cost Cost FIND - Form No. 90-24 Rev. 9/3/92 FIND - Form No. g0-24 Page Two Expense DescHp~on (Should .correspond to Cost Estimate Sh~ee~ Categories in Exhibit "B") EXHIBIT D CONTINUED SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and, Date Cost Appticant FIND Cost Cost Certification for Reimbursement: I certify that the above expenses were necessary and reasenabte for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "B" of the Project Agreement. Project Liaison HND - Form No. 90-24 Rev. 9/3/92 Date EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and , dated ,20 , and that all funds were expended in accordance with Exhibit "B" and Paragraph I of the Project Agreement. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 90-13 Rev. 913192 EXHIBIT F WATERWAYS ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT PROJECT NO. PRO,IECT TITLE: PROJECT :SPONSOR: Oct ~-DEC 15 (Dee 31) REPORT PERIOD Dee 15-Mar 1 Mar 1-June 15 (March 15) (June 31) June 15-Sep 1 (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 EXHIBIT G WATERWAYS ASSISTANCE PROJECT SCHEDULE OCTOBER 2000 - Project Agreement Executed, Project Initiates. DECEMBER 31, 2000 -. First Qu~rterly Report Due. MARCH I5~ 2001 Second Quarter!y Report Due. JUNE 30, 2001 - Third Quarterly l~eport Due. SEP ~ :I!2M'BER 15, 2001- Fourth QU~/erl~-~L~port Due DECEMBER 29, 2001 - Fifth Q arterlT,geport Due. MARCH 15, 2002 - Sixth JUNE 29, 2002 - Seventh NOTE: If. project will not be September 1~, a request for~ should be submitted with the )orr. paperwork submitted by date of the project SEPTEMBER 3, 2002 - 2002 - District closeout paperwork, performs written e notice and prior for modifications to the project cost *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit B may result in revocation ofthls agreement pursuant to Paragraph 11 of the project agreement. EXHIBIT NAVlGATI DISTRICT Requested City Conmaission Meefine Dat~_s [] July 18, 2000 [] August 1,2000 [] August 15, 2000 [] September 6, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date FinaI Form Must be Turned in to City Clerk's Office July 6, 2000 ~5:00 p.m.) July 19, 2000 (5:00 p.m.) AUgUSt2. 2000 (5:00 p.m.) August 16. 2000 (5:00 p.m.) Requested City Commission MeefineDates [] September 19, 2000 [] October4, 2000 [] October 17. 2000 [] November 8, 2000 V-CONSENT AGENDA ITEM C.7 Date Final Form Must be Turned in to City Clerk's Offi..c~_ September 7, 2000 (5:00 September 20, 2000 5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Pubhc Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Approve a resolution authorizing the Mayor to execute an agreement between the City of Boynton Beach and The U.S. Department of Sustice Office to accept a Grant in the amount of $144,094. EXPLANATION: The City of Boynton Beach Pohce Department bas been awarded a grant from the U.S. Department of Justice, Local Law Enforcement Block Grant Program to fund media equipment for the Y.E.S, youth program, Document Imaging equipment and Laptop Computes. By passing this resolution the City will except this grant The City of Boynton Beach will need to provide a 10% matching fund. PROGRAM IMPACT: This grant will allow the Police Depamnent to fund new equipment much needed within the deparunent. FISCAL IMPACT: LLEBG $144,094 City of Boynton Beach $16,010 Total Funding $160,104 Funding has been provided/n account 001-2110-521-91-04 ALTERNATIVES: By not acc~ ~ s gr e Ci ' ye to fund these projects in its entirely. S:~BULLETINXFORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE ACCEPTING THE UNITED OF OF BOYNTON '~BEAGH TO PROVIDE A,10% MATCHING FUND IN THE AMOUNT OF $~ 6 010 A~ITHORIZING AND DIRECTING: THE MAyoR 'AND' cITY"CLERK TO EXECUTE ~ S~I~, ~W, ARD; AND , PRoVID:ING AN EFFECTIVE D~ ~ % WHEREAS, the City of Boynton Beach Police Department applied for and has been awarded a grant from the U.S. Department of Justice; and WHEREAS, said grant is in the amount of $144,094.00, with a local match of 10%, which match totals $16,010.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section-1. The City Commission of the City of Boynton Beach hereby authorizes and directs the Mayor and City Clerk to accept and execute the Grant from the U.S. Department of Justice in the amount of $144,094.00, and to provide the sum of $16,010.00 to serve as the City's Local Match, which matching funds have been provided for by the Police Department in the current budget. A copy of the agreement is attached hereto as Exhibit "A." Section 2. This F~esolution shall become effective immediately upon passage, PASSED AND ADOPTED this ATTEST: City Clerk __ day of October, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner Accept Award Page 1 of ! Application Award Award Handbook Overview Review CEO Information Review Jurisdic~on ...... ~n Accept Award . View Award Document. Financial Institution Information Decline Award Help/Frequently Asked Questions LLEBG Home Log-Off RFD Enforcement Block Grants Program Boynton Beach CHy, FL Grant Changes Reports 'Correspondence Accept Award FY'2000 LLEBG Final Award Amount:* $144,094.00 Matching Amount $16,010.00 *This amount reflects the final award amount for FY 2000 plus any require~ adjustments related to the FY 1999 Award amount. To CohtlnueWith:the~c¢ept~Award process, you must click on the J nks to the Special Co0ditiot~s,'~b~'i~ces, Lobbying Debarment Suspension..., and Drug Free wor~plai~ce. Within each ink~ you must click on the box underneath each c0ndif[°~3 ANb. cli~k on theACCept button at the bottom of the screen Special Conditions- · Assurances · Certifications regarding lobbying;debarment, suspension and other responsibility matters; and drug-free workplace requirements 1. Lobbying 2. Debarment, Suspension. and Other Responsibility Matters (Direct Recipient) 3. Drug-Free Workplace (Grantees Other than Individuals) Acceptance of this Award and special conditions DOES NOT result in an automatic payment of LLEBG funds. BJA requires that all grantees submit the Request for Drawdown (RFD) in order to have funds directly deposited to your Financial Institution. Please take time to plan a detailed budget and complywith each special condition. For FY 2000, grantees have to submit the RFD within 90 calendar days from the award date. Your jurisdiction's award date is 30-SEP-2000. Once you accept your award, you may begin the RFD process. https://grams.ojp.usdoj.gov:8OO4/gms_user/plsql/award, accept_award?p_b.od=2 10/3/00 Requested City-Commission Meeting Dates [] July 18, 2000 AugUst 1. 2000 [] August 15. 2000 [] September 6. 2000 V-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM C.8 AGENDA ITEM REQUEST FO. Date Final Form Must be Turned in toCi~ Clerk's Office luly 6, 2000 (5:00 p.m.) July 19.2000 (5:00 p.ra.) August 2, 2000 (5:00 p.mA August 16, 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19~2000 [] October 4,2000 October 17,2000 [] November 8. 2000 Date Final Form Must be Turned in to City Clerk's Office September 7. 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5. 2000 (5:00 p.m.) October 18, 2000 (5:00 p.m.) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve Agreement for Water Service Outside of the City Limits with Ann Throgmorton and Slabbage Group, Inc., and Agreement with Frank yon Ranier. Both agreements are required to allow service to a future Albertsons plaza located at the southwest quadrant of Hypoluxe Road and Military Trail. EXPLANATION: The proposed development, totaling approximately 13.08 acres, will include an Albertsons store, 3 additional retail units, and a fast food restaurant. The total anticipated demand for ali activities is 38.5 equivalent residential connections. Note that the agreement with Throgmorton]Slabbage Group is signed by Slabbage group as the contract purchaser. It contains a condition (no. 14) requiring that the agreement not be recorded until the title is transferred to the Slabbage Group. PROGRAM IMPACT: The proposed development is within our Utilities service area. and was included in Master Plan projections for water and sewer service. FISCAL IMPACT: None ALTERNATIVES: sewer service provid~ Deparur ~g within the Utffi~ies service area, the r ~ment. ~t Head's Signature City of Bo~. ~3each is obligated to be the water and Utilities Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/copy of attachments) City Attorney Planning Dept. File s :kBULLETrNkFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A, ND DIRECTING~ ~HE MAYOR AND CITY CLERK TO EXECUTE~ANrESCROW AGREEMENT FOR WATER SERVICE OUTSIDE OF THE CITY LIMITS WITH ~AxN/q THROGMORTON~AND SLABBAGE GROUP, INC,. AND AN AGP~EMENT WITH FRANK VON RANTER. A/~D PROVIDINGS'AN EFFECTIVE DATE. WHEREAS, both Agreemenns are required to allows service uo a future Albertsons Plaza located am the sounhwest quadrant of Hypoluxo Road and Military Trail; and WHEREAS, City policy requires annexation of the property uo be serviced at the earliest practicable time, as a condition of the granting of waner services ouuside its jurisdictional limits; and WHEREAS, the proposed developmenu, totaling approximately 13.08 acres, will include an Albertsons store, 3 additional retail units, and a fast anticipated demand for all residential connections; and WHEREAS, Slabbage Group, land in question; and WHEREAS, the executed food restaurant, and the uoual activities is 48.5 equivalent is the contract purchaser of the water service agreement will be held in escrow by the City Attorney's Office until and when the properny is sold uo Slabbage Group, au which uzme it will be recorded in the Public Records of Palm Beach County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Sectlon 1. The Mayor and City Clerk are hereby authorized and directed uo execu5e an Escrow Agreement for Water Service Outside of the City Limits with Ann Throgmorton and Slabbage Group, Inc., and an Agreemenu with Prank Von Runter, said Agreements being attached hereto as composlue Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this CITY OF BOYNTON BEACH, day of October, 2000. FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner City Clerk THIS INSTRUMENT PREPARED BY: JamesA, Cherof ESQuire Suite 200 Ft. Lauderdale. FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE ' THE CITY LIMITS AND COVENANT FOR ANNEXATION ~.. THIS AGREEMENT made on this / da~, of ~ ~'- , ? , by and ,oetween ¢F~/~u~' ,/,~,~ ~-~ hereinafter calleo the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach. Ftodda; and WHEREAS. Customer has requested that the City of Boynton Beach,, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the eadiest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiwng water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are ~ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as reauired by the City of Boynton Beach Code of Ordinances or Land DeYeloomenT regulations to provide service to the Customer's premises. The Custemer shall De responsible for installation in conformance with alt coaes, ru~es and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All Such lines'shall be approved by the Director of Utilities and subject to nspection by the City Engineers. The City shall have the option of either requdng the Customer to perform the work necessary to conform the lines or the City ,may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has suot~ work oerformed, the Customer wilt, also advance Such additional funds ,as may. be necessary to cay the total actual costs incurred by the City. 4: Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is ~cranted by the City of Boynton Beach for other parties to connect. All connections shall be made 'n accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other.facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in th~ City exclusively unless otherwise canveyed or abandoned to the property owner, 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under Cit~ Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation, Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent d~sconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with Tne land described in paragraph 1 aoove. This Agreement and the power of attorney referenced heren s to be recorded in the P, ub~ic Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, cjram~es, heirs or assignsof Customer shai be binding on~ the. C~ustomer and all successors and assigns, 10. It,is agreed that the City shall have no liability in the e,~/ent~ there is a reduction, impairment ar termination in water' service to ,.be provided~ ug, der this Agreement Clue~to,~,~ar~y prohibitions, ~reStric~ions, dmitatio[~s,,or re~ui~e~rn~iof lo.cai, regi~r~d; rS~a~e~ari:Federal agencies or:omeEagencie~ ha~t~g ,i~ur.-Bdic~on over su0h matters. Also, ~he City shall have no JJabitity in the eVen~ '~t~'~re i~, a reduction, impairment or termination of water service due to acts of God, accidents, ~t~jke~ boycotts, ~blackouts, fire, ear~hcluakes, other casualties or other c~rcumSfanQes beyond the City s reasonable control. .- 1 t. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor; Members of the City Commission, Officers, employees and agents (Both in their individual ana official capacities) ~from and against a~ claims, damages, Jaw suits~nd_expenses including reasonable.attorneys fees (whether or not incurred an appeal or in connection with post judgment collection) and costs rising ouf,~of~:or resulting from the Customer's obligation under or performance pursuant to this Agreement, 12, NOr additional agreements or representations shall be, binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby, INkWITNESS W~EREOF, the parties hereto have set their hands and seals this __~ day of P~4~ , ~ ~/~ WiTNESz~~ (A~ to owner)~l~ol~ INDIVI~W~ER(S): / (As to owner) (Print name) (As to owner) FOR INDIVIDUAL(S) NOTARIZATION: E-'. - .'. !I:. ) f)~gt~C~ ~,F c~l%)ss: COUNTY OF ~) I HERESY CERTIFY that on this day, before me. an officer duly authorized the State aforesaid and in the County afoBesaid to take acknowleagments, oersonaily appeared :~/Z//w~///t)A-' /~/~-f',¢~/~ to me known TO be the person(s) described ~n and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known TO me or provided the following proof of identification: ~'AJo~J/t/ -f-~ i,-4, ~ WITNESS my hand and official seal in the County and State last aforesaid (Notary Seal) WITNESS: CiTY OF BOYNTON/~EACH, FLORIDA Mayor A1TEST: City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official sec in the County and State last aforesaid this __ day of , 1.~_.~O. (Notary Seal) Notary Public Approvea as 7o form: City Afforney Legal Description Approved: JAC/ms 900'182 12/'12/95.rev WATE RSRV. 't IRREVOCABLE SPECIAL POWER OF A-i-rORNEY (By Individuals) STATE OF FLORIDA COUNTY OF l/x~e, /~-~/kJ/C /~/g//~ , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, ~:LORtDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behaff of Grantee the power to initiate, maintain, and complete a volunta~/petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH, This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means, The real property which is the subject of this power is described as follows: The powers ana authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the /~'~'f'-~day of ~ 1 ~c~_..~and the powers and authority shall be irrevocable by Grantee. N WITNESS WHEREOF, we have hereunto set our hands and seals the day of --~D"/~ , in the year~ /~.~ Sealed a .r~:l, delivered in the presence of Witness Print name Witness 'Witness Print name Witness ~" ............ EACI 1 d~ of ~Se~ ~by L~e~ F~fl~E~E~ and De~i~ ~e~ , who are k~wn to me, or who have produced , ~ ~enti~on a~ ~o didld~ not take an oath, ~0 Type or ~t ~me Comm~ion No. My Comm~lon E~ims: ~ POA.IND ~ AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITSAND COVENANT FOR' ANNEXATION THIS AGREEMENT made .this . day of ,2000. by and between ANN W. THROGMORTON hereinafter called the Customer", SLABBAGE GROUP, INC, hereinafter called ~'Contract Vendee" and the CITY OF BOYNTON BEACH, a municipal corporation of the Sta~e of Florida hereinafter called the "City". and property: outside Of the jurisdictional limits of the Ci~ Of Boy,ton Beach, Florida by CustOmer; arid in zoning approval for ~ Commissioners, the services; and uires water service if it purchases the sub WHER~S,~ all parties ~mcognize that~ this agreement is valid only upon the Inc. purchasing the property from , annex into the City of Boynton Beach; and WHEREAS the. City ~ Boynton Beach.has the ability to provide water service to Customer's property; and ' / of Boynton Beach has a policy which conditions the grant ot water its. jurisdictional limits on annexation of the property to be fat the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the M_unicipal Water System and the mutual covenants expressed herein, the City of, Boynton ~Beach; the Customer, the Contract Vendee and their respective heirs, successors and assigns, agree as follows: The City agrees'to provide Customer with water service from its Municipal Water.!System to'service the real property (the "Property") described as follow.~ and which Customer represents is owned by Customer; (Exhibit A). 141997.1 The Customer and the City hereby agree that there are __ Residential Connections which City shall service. The C Equivalent I, material. the City of S to be · ~of 141997.1 -2- ' an and when annexation is initiated, The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any o~; part of this pCoperty of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting tO the City's water supply is sufficient to support the grant of the power of'~r' attor~pey any subsequen~ disconnection or lack of service shall in no~ way impair the power of attorney nor constitute a diminution or lack of consideration 3;he.~Customer acknowledges that this covenant regarding annexation is intended ~to be and JS hereby made a covenant running with the land desc, ~ib~d i.n paragraph .1 above. This Agreement and th® power of attorney referencedr~ herein isto be recorded in the Public Recordsof Palm Beach .CoUntY Floridal and theCustomer and all subsequenttransferees, grantees heirs. ~r assigns of' Customer shall be binding on the Customer and all successors and assigns. 10. It~s:~agreed that.the City shall have no liability in the event there is a red~i~:)n, mPairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies ha~ing jurisdiction over such matters. Also, the City shall have no liability in the!~.V, ent ~here"~ is a reduction, impairment or termination of water service due to a~ts o.f~God, accidents, stdkes, boycotts, blackouts, fire, earthquakes, (~thet~ cas~altie~s or other circumstances beyond the City's reasonable contrci. 11. The Customer, or if the said real property has been transferred, the transferee, hereby agrees to indemnify, defend and hold harmless the City Beach, Florida, its Mayor, Members of the City Commission, and agents (both in their individual and official capacities)~ from and against all claims, damages, law suits and expenses i~Cluding ~'eas0nable attorneys fees (whether or not incurred on appeal or in cO~nnection with post judgment collection) and costs rising out of or resulting from the CuStomer's obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 141997.1 -3- 13. Customer hereby acknowledges that it has currently entered into a contract with Slabbage Group, Inc. for the sale of the Property conditioned upon the Contract Vendee obtaining approval from the Palm Beach County Board of Commissioners and/or other munic!pal agencies' zoning approval for commercial development of~the Property. This isfers shall Ir greement, Slabbage this [be IN WITNESS WHEREOF, the parties hereto have set their han~ls and seals this /'~ day of.~__~_~__, 2000. · c~U/~..~,~MER AS OWNER(S): ANN W. THROGMORTON ~ 141997.1 STATE Of FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afoi;esaid and in the County aforesaid to take acknowledgments, personally appearedANN W. THROGMORTION to me known tO bethe person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same ..that the individual was personally known to me or provided the following proof of ident fication: ,~'z',~/_. ~"~'~'~-~"d'~'9 ,~.b"~'~,~'-'r~. WITNESS my hand and official seal in the County and State last aforesaid this /,~ day of ~,~/Z~, 2000. WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said city and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. 141997.1 -5- WITNESS my hun0 and offibial seal in the County and State last aforesaid this day of ,2000. (Notary Seal) Notary Public Approved as to form: Legal Description ApProved ' City Atto, mey (As/to Contr~. Vendee) (As to Contract Vendee) CONTRACT ~ENDEE STATE Of FLORIDA COUNTY OF .Y?/J~[/?? I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afores~aid ands in the County aforesaid to take acknowledgments, personally appeared /~.~' ~/_'~/.4-~2'~;~' , /P~._~ZJ~/.L~-- of SI~BBAGE GROUP, INC., to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was .person~y knewn to me or provided the following proof of identification: WITNESS my ha0d and official~ seal in the County and State last aforesaid this ~,r~"~-~ day of~/-~£~ , 2000 (Nota~ Seal} ,~ ,' ~ ~ ~" ~ constance ~ C~r~o. ~ta~~ Public - ~ ~ 141997.1 -6- LEGAL DESCRIPTION AND LESS: the-fo, lLOvia~ described ~ublic Records. The folto~ing parcel as recorded in Deed Book 588. Page 321. Public R~cords of Palm Beach County~ Florida. bein§ described es follqva: · he ,ortheast qoarter (R][ 1/4) of the northeast quarter (NE 1/4) of the nortJlwest quarter (F6 1/4) of Section Twelve (12), Tov~shfp FOrty-five (45) South . Range Forty-two (42) Best. the sene bet,g Tract One (1) of said FlOrida.~ on file ia t3ae Office of the Clerk of the Circuit Court in and for Palm Beach County. Florida; ~at portion lyin~ V!~la the north~5.3.0 feec of aald Sectio~ 12, for Lake Worth Brafnfl~e District L-18 Can~ right-of-ray as described ia De-ed Beak 118, Pase 379; west of the canter line of Military Trail en shown aa the State dated 1949~ parcel of land as described in Official ~ecord Book 2683, Pale 159, of said for Palm Beach and ~o'a l~oint; thence ruu Sou~.h alo~n~ the, we~t right-o~ay LESS the follovin~ described parcel of land an described.in Official Record B~ok 5938, Past IZ05. of said Public Records ~ Commencing at the north quarter (N. 1/4) cerne~i of acid Sect-ten 12; thence South 04'39~09~ West (State Plane Grid Dacua) aloQg ~he e~st Line of ~he northwe~ quarter (N,I/..I/t) of Section 12, a distance _of 53.10 feet to a ipoin~ on · line ~dm: ia-~3.00 feet .l..t~, %of. ?~.e 'paral/~,:Wl~ the nor.~h, lin_e~ of. 9e (N.g. I/&) of Sect~ion 121 thence North 88 50 .2:?. Went alon~ :said pa_raL~.e.l.~:~-ne ~'!: ~eer. to ~ne ~'~N(~' thence Nor~ 88'~0*22# West, 222.2&~feet; thence South 03*11'$2 West, 2~3.72 feet; themce ~outh " ~'"' ' ' · t. hat ~s 50~00 feet west of and concentric ~l~'sa" Best, 222.6~ fee~ t~ a point .of non-~?ncy %el!~.an a of a ~urve:concave to the west havin~ a radius of 11,I09.16 f,e~t, a centra~ an~ze az ui l: uz , a criers axe n of~242.38 feet beari=~ North 03'06'$6" Best. an arc distance of 242.38 feet to the POINT O~ contginl~ 54.131 square fee~ (1.243 acre~). ~ore or dO,avant ~rcar of ~e ~, A. L~ ~nded Pla~ of S~Uou 12, ~ .r~o~d~ ~.~a~ ~, ~1 ~ Red'ds of' PU~ ~a~;~, ~ocida, said eas~t being f~ly descrlb~ ~n u~zzc~ s~ora ~o~. 167 Of said Pubic Records. ANDi LESS the following described parcel of land as described in Official Record Book 6392, Page 446, of said Public Records: Being parcels of land in Tract i of the northwest quarter (N.W. 1/~) of the Mary A. Lyman Plat of Section 12, Township ~5 South, ~ange 42 East, as recorded in Plat Book g, PaEe 7~, Public ~ecords of Palm B~ach County, Florida, said parcels beenE more particularly described as follows: Exhibit "A". Page 1 of 2 Parcel I: Commencing ac the north quarter (N. I/4) corner of said Section 12; thence South 04~39'09" West (State Plane Grid Bearing Datum) along the east i~n~ of the nort~wast q~ter ~N.W. ~/4~ o~ S~ct~o~ ~, ~ d~ of ~.~ the easterly extension of ~he ~outh line of that parcel as des~ibed in Official Record Book 5938, Ra~e Said Public Records;. thence North 89~10, alon~ said south ifn~~, eat to a poin~ on a I~ne ~hat ~s~50.00 feet. ~west 89 distance the , AND Parcel 2: That portion of the westerly I7.00 feet of the southarly 40.00 feet CommencinB at thanorth quanter (N. 1/~) ~aidSac=ion 0~°39t09" West (state northwest quarter (N.W. easterly ex~ension of the So. la Tract 1 along said south line, 50.I1 feet to a point on a line that of!and parallal Fith t rth the , said No~h said parallaI line, is ~0.00 feet north of and parallel with the south line North 89"12'21'West along said parallel line, 17.04 faa~ to a point one line the ~ wast of and parallel wi'th the east line of the west quarter feet to the south line, ~o the POIA~f (0.02 acres), more or less. Exhibit "A", Page 2 Of 2 IRREVOCABLE SPECIAL POWER OF ATTORNEY STATE OF FLORIDA COUNTY OF ~,~',4°~,~2 I, ANN W. THROGMORTON, hereinafter "Grantee", hereby make, constitute and appoint THE CITY OF BOYNTON BEACH, FLORIDA my true and lawful attorney in fact for Grantee and n Grantee's name, place and stead, for the sole purpose cf executing on behalf of Grantee the poWer to initiate maintain and complete a vo untary pet t on for annexation of the real property described herein into the CI~ OF BOYNTON BEACH. This OF BOYNTON.BEACH full and complete authorib! to act o 1 by any available means. The real ~bject of this power is described in Exhibit "A" sal( other municiPal development' of perbj. entered into a contract for he sale.of the Property I from the Palm Beach COUnty Board of agencies' zoning approval ~ for commerc a This Irrevocable Special Power of Attorney shall not be effective until and unless the Grantee transfers; legal fee titled to the property to SLABBAGE GROUP, INC., or its successors or~ass, igns in accordance with the terms of the contract for sale. Upon such transfer of title, thiS Irrevocable Special Power of Attorney shall be in full force and effect and alt obi!gamins hereunder on the part of Grantee shall be automatically transferred and assumed~.b~/S~BBAGE GROUP, INC., whereupon Ann W. Throgmorton her heirs and assigns ~ shall ~e.deemed released from any further liability or obligation hereunder The Coat,act Vendee :joins in this Irrevocable Special Power of Attorney for purposes of agreeing to the te~ns hereof hereto have set their hands and seals this Sealed and delivered in the presence of: Witnesses~ P~int Name ANN W. THROGMORTON ~) 142031.1 STATE OF FLORIDA COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this :/~day of ANN W. THROGMORTION who is known t0'me or wino has produced did/did not take an oath. STATE OF FLORIDA COUNTY OF ~ ~HE FOREGOI_N~. INST~UM_ENT was acknowledged before me thi$~..~;'~'~ay of :~~2000 by~,f'~;'~-,~?/-~-~/--~_, . as..~-~'~,_5~z~;~r'?~:- . of SLABBAGE GROUP, INC., on behalf of the corporation. He/She is knoWn to me or has produced as iden~cat on-End who di~l/did not take an oath, (Notary Seal) Constance M. Carlton MY COMMIS$10N # CC852971 EX.=IPE$ October 25. 2005 Notary Public 142031.1 LEGAL DESCRIPTION The followin§ parcel as recorded in Deed Baok 588, Page 321, Public Records of Palm Beach Countya Florida, being described as follo~s: · he Port.east quarter (NE 1/4) of the northeast quarter (NE 1/4] of the northwest quarter (~ 1/4) of Sectio. Twelve (12)3 TovushiP Forty-five (45) Sooth , Reade Forty-two (42) East, the same beiog Tract One (1] of said aorthwost quarter (h~4 l/&) of Said Sectioo Twelve (12). according to the Public Records of Palm Beach County, ~lorida. on file in the Office of the Clerk of the ~rcuit ~our: in e~d for Pe]~m Beach ~o~nty, Florida; at potties ly~E wir~'l the oorth 53.0 feet of ~d Sectio~ 12. f~ ~e Worth DraWee District ~18 ~ ~ ~.~r~on l~n~. ~ ~.0 fee~ rWeat Of ~e c~t~ l~ae of ~ry Trail as ah~ on f ~ 1/4'.~ ~d S~oa ~. a~-to ~e ~c Records of ~e ~ of ~e ~rc~t ~urt ~n line · Trail, es preaamtly located a~4~extst~n8 and thence ~t a dis~'o~ 2~fee~ ~ence ~ ~ml~8 the ve~ LESS the foll~vin~ describe4 parcel of lend es described.in OffS-'-] Record ~ 59~. Page 1~5. Of ~ ~b~c - ~id Datum) aloq~ ~e~st ~e of ~e no~t qua~ (N.W..1/4) d ~tion 12. d{s~ Of ~.10 f~t 20 a point ~ a l~e ~t is"~.~ feet sou~ Sf ~4 '~.:~ ~e ~Or~ line of ~e north.s: q~er (N.W.i 1/4) of Sec~ 12; ~ce Nor~ 88'~'~" -~t ~o~d ~e1 !~e ~.15 fee~ to ~e ~ OF B~I~G; ~e ~o~ ~'~'~" West, ~.i4~f~; ~e ~ ~*11'~2" ~t, ~.72 fe~t; ~ce ~u~ a~ ~che c~te ae of ~li~y ~aE (S.R. ,~). t~ce nolely ~o~ ~ conc~ic tine ~ an arc of a curve con~e to ~e ~t hav~ a r~s of 11,t~,16 i~t; a c~ a~le of 01'13'02", a ~ord dis~nce of 14~.~ feet be~in~ N~ ~'0~36" ~st. an ~c dis~ce of ~4~.~ feet to the ~ OF B~, containin~ 54,131 sq~ feet (1.2~3 acres), more or 1e~. not.est queer of ~e,~ry I. L~n ~d~ ~t of Section 12, ~.r~{~ ~ rla~K y, [ag~ ~!I_~c R~o~ds of -P~ ~a~ ~ty, ~orida. said eas~nt be~s fully describ~ in ufficiai secord ~ z~u, rase 167 of ~ld Public Records. AND!LESS the following described parcel of land as described in Official Record Book 6392, Page 446, of said Public Records: Being parcels of land in Tract I of the northwest quarter [N.W. 1/4) of the Mary A. Lyman Plat of Section 12, Township g$ South, Range $2 Bast, as recorded in PIa~ Book g, Page 74, Public Records of Palm Beach County, Florida, said parcels being more particularly described as follows: Exhibit "A", Page I of 2 Parcel 1: Commencing a~ the north quarter (N. 1/6) corner of said Section 12; thence South 0~39'0g# West (State Piana Grid Bearing Datum) along the east line of the northwest quarter (N.W. 1/6) of Section 12, a distance of 295.47 feet to the ~as=erly extension of the south line of that parcel as-described in Official Record Book 5938:, Page 1203 of said Public Records;. thence North ~8" Wes~ al~E said south line, 51.63 fee~ to a 0 being: ~he .~OtNT OF~: 89 ~10 '58~' West alon~ line td~he~ wes~ feet west of end concentri.c wi th AND Parcel 2: That portion of the westerly 17.00 feet of the southerly ~0~00 feet of said Tract 1 lying within 67~00 feet wes= of the center line of Milit.aryTrail (S.R. 809), said portion 'being more part~cuiarlydeacribed as folloWS: Commencing at the north quarter (N. 1/6) corner of said SeCtion I2;thence~South O~3g'Og~ West (State Plane Grid e of ~the northwest quarter (N.W. 1/~) of 'Sec=ion 12, a easterly eXtension of the south line of said Tract I~ thence North 89~22'2I' West ai°nB said south line, 50.11 fee~ to a. pOint °n a line that iS 5~100 fe~t west of and parallel with the east line of the said northwest quarter (N.W. 1/4), said point b~i.nEthe POINT'OFBEGINNiNGofith ~39'09" gas=along said parallel lime ~s 40.00 fee= north of and parallel with the south line North 89~12'21~ West alon~ said parallel line, lT.O~fee= to a point on aline =hat is 67.00feet west of and parallel with the east line of the said nort quarter (N.W. I/~); thence So~th 06~39'~ fee~ to the south lXneofsaid Tract 1~ south line, 17~04 feet to the (0.02 acres), more or less. Exhibit "A", Page 2 Of 2 10/0~/00 ~I]~.T 17:00 F.~ $6! 8~3 2261 ~ OOZ SLABTHRO6~4ORTON 0277 020 00000450 COMMITMENT SCHEDUI.~ A o4/io/oo I 08: O0 - Policy or Poti:ies to ~ issuod: ALTA LOAN POLICY, Form [10-t7-92) '.~th Florida modifications Proposod Insurad: ALTA OWNER'S POLICY, Form 00-17-92) with FIorida modifications Proposed insured: SLABBAGE GROUP, INC. 2. The estat~ or interest in the land described or rgferred to in this Commitment and cov~rod horein is Fe,a Sim~le and title thergr, o iS at thc effective date hereof vcst~ in: ANN W. THROGMORTON 3, Thc Land is described as follows: A parcel of land in Tract i of the Northwest 1/4 of the M~z~ A. Lyman Amende~ Plat of Section 12 Township 45 Sou~2n, Range 42 East reCOrded in Plat Beck 9, Page 74 e~ ~he PubIic Records of Palm Beach County, Florida being the followinq parcel as reoorded in Deed Book 588, Page 321, Public Records of Palm Beach County, Florida being described as followst ' The Nox~heast quarter (NE 1/4) of ~he Northeast ~uarte= (NE 1/4) of ~he Northwes~ c~uarte= {NW 1/4) of Seotion Twelve (1~), Township Forty-Five (45) Sou~h, Range Fort~-twe (42) East, th~ s~me being Trac~ One (1) of said Not.west quarter {NWl/4) of said Section Twelve (12}, according ~o the ~ublio Records of Pelm B,~ach County, Florida, on file in the O~fice of the Clerk of the Circui~ Court in and for Ra/m Beach Count~, Florida. LESS that portion l~ing within the Nort~ S3.0 feet of said Section 12. for Lake Worth Drainage District L-18 Canal right-of-way as described in Deed Book 118, Page 379; See Continuation Shee~ F, 1S95 .N. oge: This Commitment consists ofins~ pages labeled in Schcdule A, $chodu c B - Sect n I and Schedule B - Section 2. This Commitment is of no force end cftect unless ail schedules ara in¢l'udcd, 10/0§/00 17:01 FA~ 561 833 2261 Commi~;men~ Number ALLEY HAASS ADD]ED PAGE (Schedul~ A-3 Continued) 10 0277 010 00000450 O03 AND L~SS ~at portion ly~g 1 50.0 feet West as 309 righ~ Section ~a~ed 19~9; AND LESS the described parcel of tan~ as described in 2683, at Page 159, of said ~lic Records. That part of the Northeast 1/4 of the Northea~ Traot'l Florida, L~ follows: same being the line o~ Mili~a~ Tra£1 point; ~n EaS~. ~0 Trail; thence ~ SoUth ~ong ~e T~ial to ~e.:PO~ of Beg~nA~g. ~ LESS .~e following ~ser~ed parcel o~fiCial ~r~ Boo~ 59~8, a~ Page ~ of ~ese feet to a of Milk=ary Commencing at the North ~uar~er (N. 1/4) cornerof said Section 12; t~ence south 04 ~eg~ees 39 minu~e$ 09 seoon~s We~t (~tate Plan Grid Datum) alon~ the East li~e of the Nort/~w~st quarte~ (N~W. 1/4} of Section 12, a distance of 5~.10 feet to a l~ne tha~ ds 53.00 feet South of and parallel w~th the ~arte= (N.W. 1/4) of Section 12 22 seconds Wes~ along of .24 co~Cave 50.00 feet Lyman 74;~ fully ~ Public 381 fee to 1, in ~e ~ Beach Count~, See Continuation Sheet of .38 10/0S/00 Tl~' i?:01 FAX 561 833 2261 Commitmcn~ Number ALLEY MAASS ADDED ~PA G E (Sehedule A-3 Continued) 10 0277 010 00000450 AND L~SS the following de$cr/bed par=el Official Records Book 6392, at Page 446; of land as des=r/~ed in of said Public Records. Beinq parcels of land in Tract 1 of the Northwest quarter of Ly~n Plat of Sectiozx 12, ~]004 42 of Palm feet to with the the Point 89 c~gree s orion [uarter (N- 1/4) corner of ~ minutes 09 seconds West (Sta Ecs= line of ~2ae No=thwes= a~c~etance of Publi( North ts= along said ~.63 a line that is §0.00 fee= West of and concen=ric bfficial 10 m~,-.utes S8 seconds Wes= along said 80uth line, 17.02 feet to a zxon~ng~t pOint on e line tha~ ~s 67,00 fee~ West of and concent=i~ wi~l the cen~er line of Military Trail; theno~ S~utherly along said oon=en~tric line bein~ a~ acc of acurve con,ave to the West h=Ving a ra~us of 11392.15 fee=, a central 38 minu~eS 36 ~ a chord distance of 127.8 04 degrees 02 ~ 40 seconds West, a~ arc c~s~an~e o~ ~89 feet ~o on the North line of the in Official at Paqe 159 of $~ = thence Sou~h 21 seoond~ line, 17.03 non-tangent ~oin~ on a l~ne et West o~ a~d ¢ ! with the center line o£ ~L~l~ta~y T~ail~ Northerly line, h~in~ to the Wes ~ a radius of 11~09.16 fee=, a ~en~aI degrees 38 32 Seconds, a chord dista~e o~ 127~8S feet hearing 02 minutes 23 se¢ond~ Sas.t, ~n arc d~stance of 127.88 feet to %Joe Point of Beginning. Parcel 2: That portion of the Westerly 17.00 fee= of the Southerly 40.00 feet of said Tract 1 l~ing within 67.00 feet West of ~e center line of Military Trail (S.R. 809); said portion being more particularly described as follows: See Continuation Sheet 10/05/00 B TEU 17:02 FAX 561 833 2261 Corem F. ment Number ALLEY ADDED PAGE (Schedule A-3 Coalitlued) 10 0277 010 00000450 the North ~ 005 ~ Corner of sai~ Seot£on 12; 09 seconds West (State'Plane feet- 50.11 feet to 39 of 10/0S/0O ~ i?:0~' Fl/ $61 833 2281 ALI~¥ Comrm:memNumbar :10 0277 010 R~uirernent~ 1 COMMITMENT SCHEDULE B - SECI'ION I 00000450 The £ollowing ate tha re~uircments to be complied with: I. ~'nstrumant(s) exeating thc e.sla~ or intet~st to be insured must be approved, ~eouted and filed fOr record to wit: hereof, convexing Ann W. Throgmorton, joined by spouse if proposed insured purchaser named-~n Schedule "A" ~he lands described under Schedule "A" herein. Paym~ of the f~l[ consideration Io, or for 0ftc account of, tho grantor~ or mortgagors, Paymcnt of all faxes, charges, assessments, levied and assessed against subjcct premises, which are due ~md payable. Sa~isfaato~ evidence should be had ~hat improvements and/or repairs or alterations ~hereto are completed: that contractor, subcontractor and materialman are all paid. Payment of any outstancting assessment or charges due to Palm Beach County. Proof of ~he current and active status of Slab~age Hrcup, Inc., in its sta~e of incorporation. Affidavit of reeo~to show ~hat Harry B. Rabun and Florence Rabun, previous owners by deed recorded in Deed Book 588, Page ~21, re~ained continuously m~rrzed to each other u/ltil the death of Florence Rabun on February 4, 1994 and that said Harry B. Rabun is ~he same partx as Harry Broll Ra~un, deceased June S, 1986, listed in Certificate of Death recorded in Official Records Book 5289, Page 268. 8. In the event the Compan~ is requested to delete item 3 of S~hedule B-Section 2 of this Co~n~ment, the effective date shown on Schedule A herec~ must be updated to be within ~ive (S) business ~ays prior to closing, and this Commitment will he sub~ect to all matters as may be disclosed by said update. In addition, the Company's Personal Undertaking ~orm adclressing said Item i of Schedule B-S~ction 2 mus~ be exe¢uted bX t/%e current fee sim~le titleholdem[$} set forth in F. 1898 See Continuation Sheet lo/o~/oo ~ 17:o2 FA~ $61 8~ ~251 ALLEY H~ASS ~007 ADDED PAGE (Schedule B-1 Continued) Commit, neat Number 10 0277 010 00000450 Schedule A hereof. Standard E~e~tion 2.a. ~elating to the rights or claims of pa~ties in possession not shown by ~he pu~li~ records will .at closing the Owner siffne an affi~vit Company affi.rming that there is no ~erson in possession of th~ pzopert~ o= with a slaim of possession to the property. In addition, the C~any will require c0mpletion hy the surveyor of Chicago Title insurance 10. and ~e 11. 12. S~a~ard ] will ma~ be proof of or right to a lien for ,is Osedb w lng the ninety upon the Company being no o~ts~aeding taxes, netshow~ as existing liens 10/05/00 'rl~ 17:03 ~AX $61 &33 2261 ALLEY ~ oo$ COMMITMENT SCHEDULE B -- SEC:'rlON 2 (Exceptions) Commitment Number 10 027'7 0'I0-00000450 = Sch~clule B of' thc poli~ or policies to be issued wil contain exceptions to the following matters unt~ss thc are disposed of to the satisfaction of the Company. same Dcfcct~ liens, encumbrances,, adverse claims, orI o~her m~ters, if'~tly, created, firSt appearing n ~e,pob ic re~s ,~ ,~hing tubs~Ue~t ~,the-~8~t~e ~e h~ b~ nr or to the ~le th~ ~r ......... re.re.me e~ate or mte~ or mo~g~e ~e~n cdve~d by fl~is Commi~ S~d Exceptiom: (~) ~]gh~ 0r claims Of p~ics in pos~sJon n~z[shown byLhe public r~. ~) E~en~, 0r cl~ms ~e~hB, ~otlsho~n by ~c p~llc ~c~s. (¢) ~Enc~hmen~lnSp~on-of~epmmiSes.°verlaps' bound~ line dispute, or ~ther m~, which would ~ disc osed ~ ~ ~c~e su~ey (d)- Any [ie~ or ri~ m ~ lie~ for se~ke, labori en mattel h~fem or h=~ ~mi~ed, impos~ by law and not showh by~e pUbl~ ~0rds. ' (e) T~ or speci~ ~sessmenm which ~ not s~own ~ e~isring iens by the pub ic (~ A~ cl~m ~y ~i~ ofs~d 1~ ~e sov~ign [~ds of the S~ of Elo:&~ including submerge, filled or~ficiall7 ~pm~ I~d l~ds ac~ m such 1~. ' (g) 'T~ ant ~ssme~ for the ye~ 2000 ~d subsequelR ye~ andSt~in~pecfionexcepti°nsOfffie p~mig~¥~(b)a~d (~)~miybe m~v~ from t~ policy wh~. a s~sfam~ storey and su~eyor's report Standard exceptions (a) ~nd (d) may be removed upon receipt pt a satisfactory affidavit-indemnity from the p slmwn in t~tle and m possession slating who is m possession of the lands and whether them are ~mpmvements be];ga~adc at date of commimtent or contemplated to commence prior io lhe dale of closing which will not have been paid for in fu I: pr or to the c os ng NOTI: Standard Exception 2. f. se~: forth a~ove is ~leted. Eas~en= ~d ~o Florida Power ~ Light C~m~y re~orded in Official ~o~ Book 642, Page 290 and Official Records Book 637 a~ · a~ 538. ' Easement Eot access across ~he Sout~ 50 feet of su~ect property in Grant of Easement recorded in Official Records Book 2709, Page 1247 as amended in Official Records Book 2740, at Page 167. Terms and conditions and easement rights of other parties set forth in Cross-EasementAgreement by and between R.T. AssociaEes, a Florida general partnership, and Ann W. T~rogmorton, recorded in Official Records Book 5938, Page 1209. (Note: We find no deed of reoord into the aforesaid first party). See Con~inu&tion S~eet SCHEDIJL£ B - ~leetlon 2 (~xcepti0as) Commitmcnt 10/05/00 THU 17:04 FAX ~61 $33 2261 Commitmcn( Number ALLEY ~AASS ADDED PAGE (Schedul~ B-2 Corztilzue~) 10 0277 010 00000450 OO9 the Lake Worth D~ainage Distri¢~ No. 407 10. Te=ms, Condi'b~ons, Ag=eement fo= 11. All 12. NOTE: Al! indicated. all the 10/05/00 TECT 17:04 F.,L~ $$1 $$3 2261 ALLEY ~LA.$S ~]010 SLA~aAG~./~A~NER 10 0277 010 00000451 ALTA OWN~I~'S POLICY, Fom~ (l 0-I 7-92) wi~ F[orlda modiF~=tions Proposed Insured: SLA~BA~E GROUP, INC. The estart~ or interest in the [a~d described or r~ferr~ ~o i~ this COmmim~ent and cOvcriK/herein is Fee Simple and title thereto is ~ the effective date hercof vested in: FRANK RAINER 3. The Land is rtes~ribed az follows: North One HaZf (N 1/2) of Tract 2, of t~e Su~d/viaion of ~he Nor~/~west One-Quarter (NW 1/4) of Seo~o~ 12, Township 45 South, Range 42 E&st, according to the ~la~ thereof on file i~ the office of the Clerk of the Cireui~ Court in and for Palm Beach County, ~lorida. No=th One Hal~ (N ~/2) o~ Tract Northwest One-Q~arter (NW 1/4) of Section 12, T~wnship 4~ South. R~nge 42 East, aocoreL~ng ~o ~e Pla~ ~hereof on file in the Office of the Clerk o~ the Circuit Court, Palm Beach COunty, Florida as reflected in Pla~ Book 9, Page 74 less and except the North 53 feet thereo~ cenveyed Dee~ recor~e~ in Dee~ Book 113, Page 35 of the Public Records of Palm Beach County, Note: This Commkmen: consists clifton pages labclcd in Schedule ^, Schedule B - $ccti.)n I and Schedule B - Sectlon 2. Ti'ds Commitment is oleo force a~d cffi:ct unless all schedules are included, i[long with any Rider pages irtcorpo~'aeed by referev, c: i~ the insert pages. 10/0~/00 T~U 17;04 F~ ~61 $33 ~261 ~ALLEY ~SS ~011 COMMITMENT SCHEDULE B - SECT[ON CammiL~nentNumbcr 10 027'7 010 00000451 Requirements The following are the rgquircrnents to be complico with: 1. InsLrument(s) creating t~c g~tate or intcrcst to be itlsurcd must be appro~-~d, cxecm.~J and filed tcr rccord, to wit: &)Warranty Deed from Frank Ra~ner to the Proposed Insured Purchaser named in Schedule A hereof, =omveying the land des==i~ed in Schedule A. NOTE: If the Grantor(s) is/are inc~viduals and the property is homestead property, ~he s~ouse(s) of said Gran~or(s~ must~oin in the execution of the Deed. If not homestead, then a statementto ~hat effect must be reflected on the Deed. 2. Payment of the flail cons|dcration to, or for the account of. the granWr= or mo~$agors. Payment of all tax~s, cha~cs, ~ssments, lcvicd and aaseaacd agaim~t aubjeO, pmmiscs, which a~ due and l~ayablc. Satiefaceo~y evidence should be had that improvements and/o= repairs or alter&~ions thereto are cc~pleted; that contractor, st~con~racto= and materialmen are all p&ia. Proof of paymen= of all assessments to Palm Beach Count:y, Florida. Payment of =e&l es~at~ ~axes ~n~ assessments for the yea~ 1999 Set,sfac=ion of record and production of cancelled Promissor~ note of that Mor~age given h~ Barbara Arcon ~o ArChur In(= Investment Inc., dated March 16, 1994, recorded in Official Recer&n Book 8213, Page 1526. SaCi$~actor~ evidence mus~ be ~urnished showing that Slain&ge !nc, a corpora=ion organize~ under the laws of i~ sta~e of incorporation, is currentl~ in qood s~en~ing in ~at state. Satisfactory evidence of =ecor~ to show tha~ sub~ect ~,roperty did not constitute an~ part of the homestead of ~arbara Arcon, grantor in deed recorded in 0f£i¢£al Reuords Book 8961, Page 1~21. S~e Continuation Sheet 898 ALLEy ADDED PAGE (Schedule B-I Continued) C0mmlzznent Number 3.0 0277 03.0 0000045~. Satisfaction or release of record of Certificate of Delinquency wit~ attached certified copy Of Court Order against. Frank Rainner~ in Page 333, or satisfactory evidence of record to show that said debtor is not ~e same person as ~e fee title holder named in Schedule -Ar- hereof. 11. or Releaseof record of Certificate of Delinquen~ with of in 8451, he=eof. Schedule "A 12. In to c~lete Item1 of Schedule B ~ O12 13. :1.4. 1.5. 16. 'Tn Ztem I Co=~anyrs Pe=son~l Under~aking form ad4t-essing said B - Section 2 must he executed b~ the Current fee set forth in Schedule A hereof. 2.a. rela~ng to rights or claims of parties in not shown by ~he public records w~11 be deleted if at the Owner signs an &f~idavit acceptable to the Company af~iz~_n~ thf~ ~he=e ' with a o~aiuof possessi~ no person i~ ~ossessio~ of ~._.he ~ropertz or to the property. S~andard Exaeptio~s 2.b. and 2.o, =elating to mat~ers of survey and will be deleted if at or prior to closing ~e c~m~any fu~lli~hed with a Survey ~=ep&rod by a registered Florida l~ld ]surveyor. da~d nc more than 90 days prior to ~he closing date · ce~tmfied to the Proposed Instt~ed($}, this T~tle Insurance CCm~0an~, aha all other parties in in~ere~st, meeting t~e min/~ s~a~dards for land surveys as set fort~s in Chapter 472.027, Florida S~atutes or in C~apcer 61G17-.6, Floric~ ~m~-istra~ive ;Code; subject to any adverse ~atters disclosed by said s~rve~, sa~d $~rvey must locate all e&sements liste~ in Schedule B - Sec=ion 2 ihere~f, as well as all improvements located on the land. In ad~itionr the Compauy will require ~o~pletion by the surveyor of Surveyor's Report Form NO. 3061. The title policy will b¢~ subject to any adverse ma~Cers shown on sai~ Re~ort. See Continuation Sheet J. 0/0$/00 THT_~ ~7:05 FAX 561 833 2';'61 ALLEY H&ASS ADDED PAGE (Schedule ~1 C~mi~t Numb~ ~0 0277 0~0 0000045~ · e~al con~ne~ ' in $~hedul~ "A- wi~ Book 3397, Page 1979, surveyor =o show tha~ the Offi,:ial,P~oords , Official r Book-3275, Offioi&l .Recoxds 18. 10/05/00 ~r~T 17:06 FAX 561 $35 2261 ALT.~y ]/AAS$ ~014 COMMITMENT 3CH~D~ B - SECF£ON (Excgptions) Commitmen[Number 10 0277 010 00000451 areSChedUledi~posedB ofio°f thethe ~atisfactionP°licY or PolicieS,of the tOcompany.be issued w I contain exceptions to the following mat~er~ unless the same 1. Defects, tiens, encumbrances, adverse claims, or other mat:ers if or at~aching ........... subSe'm~em to the .fr. ert~,~,tv~ d*~ u___~ ~_ ,- ,, ~..~ ~rcate:a, nrst appearing in tile pub lc records ' r P me date the proposed Instred ac u res . ecordtheestat~ormterestormort~a~ethereo...~..._.~.....: .. . q . or value of 2. Standard 'Ex~ptions: (a) RighL~ or claims et'parties in possession not shown by tile public mcoMs. (b) ~.E~sm~ .nts, 0[ cl~ 0,,easements, n..ot shown by. the p, bli¢ te~rds' · (c) andenCr°acr~a?tS'inspectlon ofthe°VerlapS'prerrdses.b°undary line disputes, or O~r.mattets which, would be ditek,sod b7 an accurate survey (d) shownAny lien,b~.th¢ p,;b}ii:'mcords.°r right to a lien. far. service,, labor, or materi, heretofore or hereafter furnished, impor~d by law and not (e) TaxeS or special assessments which ate not shown as existMg liens by the publl, records Any ~:la~m +dmt any pottlon of said lands are sovereign land* of the State of filled o~ artificially exposed lands and lands accreted to such lands, a. .... . including submerged, (g) Taxes and assessments for:he year .9.000 and subsequent years. 3,andStandardinspeCtioneXcePti°ns0fthe premised(b) and (¢)is made.may be removed from the policy when a satisfanto~T survey and surveyor's roper: Stendard exceptions (a) and (d) may be removed upon receip~ of a ~atisfactory a~davit-indemqity from tile pony shown in title and in posseasion stetin& who is in possesston of tbs rands and whether there are ~mprovements being made al date of commilmenr or contcmolated, to commence prior to thc date of closing which will not have been paid for in full prior to the glosin,~ SCHEDULE B - Section 2 (Exceptions) NOTE: St~n~ar~ Exoe~o~ion 2.f. se~ forth above is delete~. Easement(s) granted to Florida Power & Ligh~ Co~pan~, recorded in Official ReCords Book 637, Page 538. Easemen=($) granted to Benj~m4n C. Jehnston, Jr. et al for roadway, recorded in Official Records Book 2709, Paqe 1247, as amended in Offioi&i Records Book 2740, ~aqe 167; further gran~ o~ easement ~n Official Keco=ds Book ~015, Page 912, Official Records Book 3023, Page 845 an~ Official Records Book ~168, Page 1184, ~xoept as released i~ Official Records Book 3033, Page 1237. Canal righ~ of way conve~ed to Lake Worth Drainage Distric= in D~ed Book 113, Page 35 and as may he~aime~ ~ Lake ~orth Drainage District in Palm Beach County Cha~6r~ Case No. 407 with exoe~pt~ thereo~ recorded i~ Official Records Book 6495, ~age 761 and Official Records Book 6495, ~age 1165 an~ right of wa~ L-18 Ca~&l as s~ow~ on right of way ma~s referred to ia Affida¥~t recorded in Official Records Book 17~2, Page 612, and as may be claimed by virCue of reservations oontai~corded in Deed Book 660, Page 454 as modified b~ release of reverter rights in Deed Book 1063, Page See Continuation Sheet ADDED PAGE (Schedule B-~ Continued) Commib*~cm Number 10 0277 010 00000451 Lake Wo=~h Drainage Pa~e 1952. Deed f=om Palm Beach Count~l~ to , Records BOok.751I, 8. Road reservat£ons b~ t~e Trustees of of ~he Star of Florida in ctee~ No...614, ~a~ed recorded in Deed Book 626, Page 141. t 10. Requested City Cortwmssmn Meetin~ Dates [] July 18, 2000 [] August 1, 2000 [] AugUst 15, 2000 [] September 6, 2000 NATURE OF AGENDA ITEM V-CONSENT AGENDA ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORt,. Date Final Form Must be Turned Requested City Commission in to City Clerk's Office Meeting Dates July 6, 2000 (5:00 p.m.) -'~ September 19. 2000 July 19, 2000 (5:00 p.m.} [] October 4. 2000 August 2, 2000 (5:00p.m.) [] October 17, 2000 August 16. 2000 (5:00 p.m.) [] November 8, 2000 [] Administrative [] [] Consent Agenda '-] [] PubEc Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned in to CiW Clerk's Office Septembc-r 7. 2000 (5:00 p.m.) September 20. 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 ~5:00 p.rc~/ Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place the request below on the October 17, 2000 City Commission Agenda under Consent -Ratification of Planning and Development Board action, The Planning and Development Board with a unanimous vote, recommended that the subject request be approved (there are no conditions recommended by staff nor the planning and Development Board). For further details pertaining to this request see attached Department of Development Memorandum No. PZ 00-285. EXPLANATION: PROJECT NAME: CASE YAP. lANCE {front setback) AGENT/OWNER: Gary C & Pamela J. Case LOCATION: 811 Ocean Inlet Drive DESCRIPTION: Relief from Chapter 2, Zoning, Section 5,C.2.a. requiring a rninqmum front setback of 25 feet to allow a five (5) foot front variance or a 20 foot front setback to construct an enhanced front entry. PROGRAM IMPACT: NH FISCAL IMPACT: N/A ALTERNATIVES: 4~ignamre Dkector of planning a~ffZoning City Attorney / Finance / Human Resources DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIV SION MEMoRANDuM #00-285 Staff Report Planning and Development Boarc and City Commission Meeting Date: October 10. 2000 File No: ZNCV 00-015- Front yard setback from property line ZNC¥ 00-016 - Rear yard setback fromproper[y line Location: 811 Ocean Inlet Ddve Owner: Gary C. and Pamela J. Case Project: Building a front entryway and a rear covered porch as additions to an existing single-family building. Variance Request: Request for two (2) variances from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5, C.2.a.: 1) to allow a five (5) foot reduction from the [wenty-five (25) foot front vard setback required within the R-l-AA single family zoning district to allow ~ 20 foot front setback; and 2) to allow a nine (9) foot reduction from the minimum twenty-five (25) foot rear yard setback required within the R-l-AA single family zoning district to allow a 16 foot rear setback. BACKGROUND The subject properly and surrounding neighborhood is currently zoned R-1 -AA. single family residential. According to the applicant the lot was developed in 1955, and it is conforming with the current R-l-AA zoning district requirements. The subject property is surrounded by developed lots with the exception of two of them currently under construction featuring large and upscale homes with enhanced entryways. The property is located at the north side of Ocean Inlet Ddve with a depth of 98 feet as opposed to those properties located at the south side of Ocean Inlet Drive with a depth of 112 feet. Some of the parcels on the north side, including the subject property, haVe rear yards with open views to the Intracoastal Waterway. Staff surveyed the area and it was observed that all ~roperties along the north side of Ocean Inlet Drive comply with the minimum front setback requirement of 25 fee[, as estimated by the straight alignment of the front building lines. (see Exhibit "A" - location map). Both variances are requested in conjunction with a plan to expand the existing single-family home with a second story. This planned expansion is consistent with new construction and redevelopment projects seen ooserved in the. subject neighborhood. ANALYSIS The code states that the zoning code variance can not be 8 3proved unless the board finds the following: - Page 2 Gary & Pam Case File No. ZNCV 00-015 That special conditions and circumstances exist which are peculiar to the land, structure. or building involved and which are not applicable to other lands, structures or buildings/n the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter[ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (Exhibit "C" contains the applicant's response to the above criteria.) The subject parcel totals 7,350 square feet. which is less than the minimum 7,500 square feet requireo for a lot platted before 1975 (the lot was ptatted in 1952). However, the lot is considered a legal non-conforming parcel according to the Land Development Regulations Chapter 2, Section 11.1 (c). This section of the code allows the development of a lot within the R-l-AA zoning district as long as the parcel contains one whole platted lot, the lot cannot be combined to increase the size to a conforming size. and the lot is not less than 6,750 square feet. Given that the subject property has been improved with a single-family home. and occupied since 1955, and since most other lots along the north side of Ocean Inlet Drive have similar dimensions to the subject tot, criteria items "a", "d" and "e" are not met. Furthermore since the property is currently improved, and that the necessity of the variance has been caused by the proposed home expansion, condition "b" above is also not satisfied. CONCLUSIONS/RECOMMENDATION Staff recommends that the subject requests for front and rear variances be denied, due to the tack of traditional hardship, and due to the drcumstance being created by simple home improvements on a standard platted lot. No conditions of approval are recommended: however. any conditions of approval added by the Planning and Development Board or City Commission will be placed in Exhibit "D". Staff should indicate that past variance requests have been reviewed by the city using more than the traditional criteria, or interpretations of this criteria placing greater emphasis on economic potential and characteristics of surrounding properties. For this reason, and to indicate the consequence of denial, staff offers the following information for consideration: Page 3 Gary & Pam Case File No. ZNCV 00-015 1. The redevelopment potential of this neighborhood, as evident by newly constructed and redeveloped homes in the area. tends to encourage similar improvements regardless of lot constraints; 2. The proposed vanances would allow minimal improvements that yet a low the value of the improvements to .'nore c ose y match the value of the land as well as the value of other ~mprovements in the neighborhood The proposed variances Would allow physical improvements ~nat are needed to accomplish certain architectural design goals related to the- second-story add tion, without negatively impacting adjacent: or ~e~'rb~ properties ([he: front Varian~ ~voUl~l fa~lit~te expa!n~iien o~ the ho~e a minimal d~sta~¢e toward the adjareht Street, while ~he. rear SetBack variance wbuld allow the home. to ~i~P:y edcroabh tow~Yd the! nt~a~east&l waterway; 4. An adjacent prope~ own,er suppprts the subject request, and no objection from adjacem property Owners has been rec~i~ed by staff) and If the variances are not granted the second-stow addit on wou d be feasible but with a simpler or recessed entrance, and without a covered rear porch. Shade could be created using portable structures (e.g. umbrellas) or vegetation (e.g. trees). MR/dim J:\SHRDATA\PIanning\SHARED\WP\RROJECTS\Case Variance~NOV Front Setback\STAFF" REP-front yara se[oac~v, doc LOCATION MAP GARY& PAM CASE PROPERTY EXHIBIT "A' 4-75 AC CAE 71 7 ~o EXHIBIT "C" 811 Ocear Inlet Drive Boynton Beach Fl 33435 August 22. 2000 Planning & Zoning Board Variance for Gary & Para Case A. The lots on the noah side of Ocean Inlet Drive are 98' in depth comearea to the south side of Ocean Inlet Drive where the lots are 112' aeeD. The resulting difference of 14' can dramatically reduce [he size of house, which can be built on the lots on the noah side The north side lots also have the best views of the intracoastal and no houses to the rear. The developer should have made the best lets the deepest. B. The small lot s~ze ~s originally platted. The house was built in 1955 by others. The standards of waterfront homes have changea substantially in recent years and we feel that a 4000 sq. ft. living area ~s standard for a house on a deep water residential lot. C. We do not feel that the variance will create a special privilege to us due to the fact that the nome located two (2) houses to the east of ours is 2uilt 10' into the setback (or 15' from the seawall), Regarding the front of the house. -- o~ner two story homes in our area have large entryways, D. As homeowners living in a unique waterfront community (21 years) not being able to improve and enjoy our 3roperty ano view to its fullest extent. (as other homeowners in our area do) would definitely create a hardship as we get older. The front variance is the minimum that would enable us to build an entryway ~n 2roportion to the size of the house. The rear variance is also the m~nimum that would allow us to have a covered porch sufficient enough to erovide enough shade to get out of the sun. Both of us have skin cancer and it is vitally important that we stay in the shade as much as possible. F. Due to the fact that our area is being re-develooed, (small --older single story qomes being replaced with larger two story up-scale homes of 3500 to 4500 s(]. ft.} we feel that the front property variance would enable the entryw~y to be in proportion with the size house ano also "fits id" with existing new homes n our area. The rear properzy variance enables us to enjoy our beautiful waterfront wew and outooors (while being out of the brutal south Florida sun) as other area homeowners do. The variance requested is considerate of the views of the adjacent properties as well. Conditions of Approval Project name: Gary C. & Pam J. Case File number: ZNCV-015 (front yard setback) ~eference Zonin~Code~adanceApplicationd ~dAu~ust28,2000, ' INCLUDE REJECT DEPARTMENTS PUBLIC WORKS Comments:: None X · UTILITIES Co ~mrnents: None · X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING, DIVISION Comments: None X ~ PARKS AND RECREATION Comments: None X FORESTE1UENVIRONMENTALIST Comments: None X PLANNING AND;ZONING Comments: None X ADDITIONAL PLANNING A~ND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determined. J :~S H RDATA\P LANN IN G\S HARED\WP\PROJ~CTS\CAS E VARIANCE~NCV FRONT S ETBACt~I 0-17A30 CC COND. OF APPR.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: GARY C. & PAM J. CASE APPLICANT'S AGENT: Gary C. & Pam J. Case APPLICANT'S ADDRESS: 811 OCEAN INLET DRIVE DATE OF CITY COMMISSION PUBLIC HEARING: OCTOBER 17, 2000 TYPE OF RELIEF SOUGHT: Front yard setback from property line LOCATION OF PROPERTY: 811 OCEAN INLET DRIVE DRAWING(S): SEE EXHIBIT "C" A'I-FACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Ftorida appearing on the Consent Agenda on the date above. The City Comm ss on 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 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 pub ic and supported Dy substantial competent evidence are as set forth on Exhibit "D" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 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: j:\SH RDATA~.PLAN NiNG\S HARED\WFAPP. OJ ECTS~,CAS E VARIANCE',ZNCV FRONT SETBACK~10-17-O0 D O,DOC Requested City Commission Meetin~ Dates [] July 18, 2000 [] August I 2000 [] August [5. 2000 [] September 6. 2000 NATUREOF AGENDAITEM V-CONSENT AGENDA ITEM D.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Comrmssion in to Cit~ Clerk's Office Meetin~ Dates July 6. 2000 (5:00 p.m.) [] September 19 2000 July 19,2000 (5:00p.m.) [] October4, 2000 August 2i 2000 (5:00 p.m.) [] October 17, 2000 August 16, 2000 (5:00 p.m.) [] November 8. 2000 [] Adrrfinistrative [] [] Consent Agenda [] [] Bids [] [] Announcement [] Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.~ October 18, 2000 (5:00p.m3 Development Plans New Business Legal Unfinished Bnsmess Presentation RECOMMENDATION: Please place the request below on the October 17, 2000 City ConnmssionAgendaunder Consent - Ratification of Planning and Development Board action. The planning and Development Board with a nnxnimons vote, recommended that the subject request be approved (there are no conditions recommended by staff nor the Planning and Development Board). FOr further details pertaimng to this request see attached Depanmant of Development Memorandum No, PZ 00-286. EXPLANATION: PROJECT NAME: CASE VARIANCE (rear setback) AGENT/OWNER: Gary C &Pamela 3. Case LOCATION: 811 Ocean Inlet Drive DESCRIPTION: Relief from Chapter 2, Zoning, Section 5.C.2.a. requiring a minimum rear setback of 25 feet to allow a nme ,9) foot rear variance or a I6 foot rear setback to construct a covered porch. PROGR~IEVlPACT: ~A FISCAL IMPACT: N/A ALTERNATIVES: ~ Dire['~or ~f D~e~l~en-'~'-' City Manager's Signature 'Direct~'~ of t~lann~/n~Zo~a~g CityAttomey/:Finanee Human Resources DEVELC C =NT Meeting Date: File No: Staff Report Planning and-Development Board and City Commission October 10, 2000 ZNCV 00~015 - Front yard setback from properly line Location: 8.11 Ocean, I.nlet Drive, Owner: Gary C. and Pamela J. Case Project: Building a front entryway and a rear covered .porch as additions to an existing single-family building. Variance Request: Request for two (2) variances from the City of Boynton Beach Lan(; Development Regulations. Chapter 2, Zoning, Section 5. C,2.a.: 1) to allow a five (5) foot reduction from the twenty-five (25) foot front yard setback required within the R-I,AA single family zoning district to allow a 20 foot front se, tback; and 2) to allow a nine (9) foot reduction from the minimum twenty-five (25) foot rear yard setback required within the R-1-AAsingle family zoning district to allow a 16 foot rear setback. BACKGROUND The subject property and surrounding neighborhood is currently zoned R-l-AA. single family residential, According to the applicant the lot was developed in 1955. and it is conforming with the current R-l-AA zoning distal.ct requirements. The subject property Js surrounded by developed lots with the exception of two of them currently under construction featuring large and upscale homes with enhanced entryways. The property is located at the north side of Ocean Inlet Drive with a depth of 98 feet as opposed to those properties located at the south side of Ocean Inlet Drive with a depth of 112 feet. Some of the parceis on the nor[h side, including the subject property, have rear yards with open wews to the Intracoastal Waterway. Staff surveyed the area and it was observed that all properties along the north side of Ocean Inlet Drive comply with the minimum front setback requirement of 25 feet, as estimated by the straight alignment of the front building lines. (see Exhibit "A' - location map). Both variances are requested in conjunction with a plan to expand the existing single-family home with a second stow. This planned expansion ~s consistent with new construction and redevelopment projects seen observed in the subject neighborhood. ANALYSIS The, code states that the zoning code variance can not be approve(; unless the board finds the following: Page 2 Gary & Pam Case =ile No. ZNCV 00-016 That special conditions and circumstances exist which are peculiar to the land, structure. or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and cimumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the appficant any special privilege that is denied bythis ordinance to other lands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum Variance that will make pbssible the reasonable use of the land, building, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (Exhibit "C" contains the applicant's response to the above criteria.) The subject parcel totals 7 350 square feet, which is less than the m~nimum 7,500 square feet required fora lot platted before 1975 (the lot was platted in 1952). However, the lot is considered a legal non-conforming parcel according to the Land Development Regulations Chapter 2, Section 11.1(c). This section of the code allows the development of a lot within the R-l-AA zoning district as long as the parcel contains one whole platted lot, the lot cannot be combined to increase the size to a conforming size, and the lot is not less than 6,750 square feet. Given that the subject property has been improved with a single-family home, and occupied since 1955, and since most other lots along the north side of Ocean Inlet Drive have similar dimensions to the subject lot, criteria items "a", "d" and "e" are not met. Furthermore, since the property is currently improved, and that the necessity of the vadance has been caused by the proposed home expansion, condition "b" above is also not satisfied. CONCLUSIONS/RECOMMENDATION Staff recommends that the subject requests for front and rear variances be denied, due to the lack of traditional hardship, and due to the cimumstance being created by simple home improvements on a standard platted lot. No conditions of approval are recommended; however. any conditions of approval added by the Planning and Development Board or City Commission will be placed in Exhibit "D". Staff should indicate that past variance requests have been reviewed by the city using more than the traditional criteria, or interpretations of this criteria placing greater emphasis on Page 3 Gary & Para Case File No. ZNCV 00-016 economic potential and characteristics of surrounding properties. For this reason, and to indicate the consequence of denial, staff offers the following informat on for consideration: 1. 'The redevelopment potential of this ne ghborhood, as ev dent by new y oonstructed and redeveloped homes in the area, tends t~ encourag~sim a~; mprovem~nts regardless of lot constraints; 2. The proposed var ances would allow minimal improvenlents that yet allow the va ue of the improvements to more closely match the value ~f ~hi~ land as well as the vatue of other improvements in the neighborhood; 3. The proposed variances would allow physfca! imp[evernents that are needed tO accomp sh certain architectural design goals rela!ed':to tl~e se~n'~Tsto~ abid t On w thOut negative y 'impacting adjacent or:~ea~:by Crbperti&s (the fi'odt Vada~c~ ~ou d fa¢l tate eXpans On of the ho~ne a ~ninimal'dis~anlce tO~-d ~he adjace~nt :stree~t; while (he, ~ear se~tb'ack v~Hance woud allow the home to simply,e~croa'ch tO~ard',t~he: Intra~cpa~tal Water'way; 4. An adjacent property owner supports the,subject request and ~qc~ objection from adjacent property ownei-s has be~n received by staff); and 5, If the variances are not granted, the second,story addition would 'be feasible but with a simpler or recessed entrance and without a covered rear p~rch. Shade could be created using portable structures (e.g. umbre as) or vegetat on (e.g. trees) MR/dim S:\Planning\SHARED\WP\PROJECTS\Case Zoning Code Variance\STAFF REP-rear yard setbackv.doc LOCATION MAP GARY & PAM CASE PROPERTY EXHIBIT "A" 19 ~75 l EXHIBIT "C" 811 Ocean Inlet Drive Boynton Beach, FI 33435 August 22, 2000 Planning & Zoning Board Variance for Gary & Pam Case The lots on the north side of Ocean Inlet Drive are 98' in depth compared to the south side of Ocean Inlet Drive, where the lots are 112' deep. The resulting difference of 14' can dramatically reduce the size of house, which can be built on the lots on the north side. The north side lots also have the best views of the intracoastal and no houses to the rear. The developer should have made the best lots the deepest. The small lot s~ze is originally platted. The house was built in 1955 by others. The standards of waterfront homes have changed substantially ~ recent years and we feel that a 4000 sq. ft. living area is standard for a house on a deed water residential lot. We do not feel that the variance will create a special privilege to us due to the fact that the home located two (2) houses to the east of ours is buitt 10' into the setback (or 15' from the seawall). Regarding the front of the house, -- other two story homes in our area have large entryways. As homeowners living in a unique waterfront community (21 years) not being able to improve and enjoy our property and view to its fullest extent, (as other homeowners in our area do) would definitely create a hardship as we get older. The front variance is the minimum that would enable us to build an entryway in proportion to the size of the house. The rear variance is also the minimum that would allow us to have a covered porch sufficient enough to provide enough shade to get out of the sun. Both of us have skin cancer and it is vitally important that we stay in the shade as much as possible. Due to the fact that our area is being re-develc ~ed, (small --older single story homes being replaced with larger two story up-scale homes of 3500 to 4500 se. ft.) we feel that the front property variance would enable the entryway to be in proportion with the size house and also "fits in" with existing new homes in our area. The rear property variance enables us to enjoy our beautiful waterfront view and outdoors (while being out of the brutal south Florida sun) as other area nomeowners do. The variance requested is considerate of the views of the adjacent properties as well. Conditions of Approval Project name: Gary C. & Pam J. Case File number: ZNCV-O16 (real, yard setback) Reference: Zordng C~de,vafi~nCe Appiicafion datedAugust28,2000. DEPARTMENTS PUBLIC VvTORKS , Comments: N~ne X UTILITIES Comments: None i X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X ' BUILDING DIVISION Comments None X PARKS AND RECREATION Comments: None X FORESTEPJENVIRONMENTALI ST Comments: None X PLANNING AND ZONING · Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determined. J:\S HRDATA\P LAN NING',S HAR ED\WP~PRO J ECTS\CASE VARIANCE~.NCV REAR SETBACKS10-17..00 CC COND, OF APP.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: GARY C. & PAM J. CASE APPLICANT'S AGENT: Ga~ C. & Pam J. Case APPLICANT'S ADDRESS: 811 OCEAN INLET DRIVE DATE OF CITY COMMISSION PUBLIC HEARING: OCTOBER 17, 2000 TYPE OF RELIEF SOUGHT: Rear yard setback from properb] line LOCATION OF PROPERTY: 811 OCEAN INLET DRIVE DRAWING(S): SEE EXHIBIT "C" A'FI'ACHED HERETO. X THIS MA'I-FER came before the City Comm~ss on of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The Cty Commission hereby adopts the findings and recommendation of the Planning and Development Boam 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 headn§ 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 "D" with notation "Included". The Applicant's application for relief is hereby ×.. GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: V-CONSENT AGENDA ITEM D.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meetin~ Dates [] JuI~ t8. 2000 July 6, 2000 (5:00 p.m. [] September 19, 2000 [] Augustl, 2000 July l9, 2000 (5:00p.m.) [] October4.2000 [] AugustlS. 2000 August2,2000(5:00p.m.) [] Oetoberl7.2000 [] September 6, 2000 August 16, 2000 [5:00 p.rlLj [] November 8, 2c00 [] Administrative [] NATURE OF [] Consent Agenda [] AGENDA ITEM [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20. 2000 5:00 p.m.) October 5, 2000 f5:00 p.m.) October I8, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place the request below on the October 17, 2000 City Commission Agenda under Consent - Ratification of Planning and Development Board action. The planmug and Development Board with a unanimous vote, recommended that the subject request be approved (there are no conditions reconmaended by staff no]: the Planning and Development Board). For further details pertaining to this request see attached Department of Development Memorandum No, PZ 00-284. EXPLANATION: PROJECT NAME: ARLENE HENRY VARIANCE (rear setback) AGENT/OWNER: Arlene Hemy LOCATION: 144 SE 31~ Avenue DESCRIPTION: Relief from Chapter 2, Zoinng, Section 5.C.2.a. requiring a nun/mm rear setback of 25 feet to allow a 11.9 foot variance resulting in a 13.10 foot rear setback To allow a rear addition on property zoned R1AA. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES~ CilfManager's S~gnamre Director of P I a nning.jt~'~Z'~ning City Attorney / Finance / Hmnan Resources DEVELOPMENT SE SION Staff Report for Planning and Development Board and City Commission Meeting Date: October 10. 2000 File No: ZNCV 00-01'8 Rear setback from property line Location: 144- SE 31sf Avenue (Lot #7. Block 11 ,. Seacrest Estates subdivision) Owner: Adene Henry Project: Request: Rear add tion to a single-family house zoned R-l-AA Re(]uest for a variance from the C ty of Boynton Beach Land Deve opment Regulations. Cha 2ter 2 Zoning Sect on 5,C.2.a., to allow a 11.9 foot reduction from the minimum of twenty five (25) f(~ot rear setback resul[ing in a 13.1 rear yard setback. BACKGROUND The subject property and neighborhood are currently zoned R-l-AA. single-family residential. The applicant has requested relief from the above-referenced code requirements to ,allow for the continued e~<istence of an approx mately 343 square foot rear addition in the rear yard. Th8 desired improvement has already been constructed, but recently modified due to deterioration. Permits were not pulled for the work, and consequently, the,project was cited.. In response to the citation the applicant submitted the building permit plans in hopes of obtaining the:~necessary permits and rectifying the code violation. The property is located on the south side Of SE 31s' Avenue, abutting the native scrub preserve, <hewn as the Seacrest Scrub, to the south (see Exhibit "A" - location map). ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to o~her lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicanL c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning districL d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the mm/mum variance that will make possible the reasonable use of the land, building, or structure. Page 2 File No. ZNCV 00-018 That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance]and that such variance will not be ~njurious to the area involved or otherwise detrimental to the public welfare. (Exhibit "C" contains he applicants res¢onse to the above cnter a.) The subject parcel totals 7,187 square feet which is less than the mir mum 7.500 square feet required for a lot platted before 1975 (the lot was 3latted in 1956). However the lot is considered a legal non- conforming parcel according [othe Land Development Regulations Chapter 2. Section 11.1(c). This section of the code allows the development of a lot within the R-I~AA zoning district as ~onq as the parcel contains one whole platted lot, the lot cannot be combinea to increase the size to a ~onform~n~c s~ze, and the lot is not less than 6,750 scuare feet. The principal structure on the lot is a small single- family dwelling ~nit that totals approximately 1,543 square feet. or approximately 44 square feet more than the minimum living area required bythe zoning district (excluding the subject expansion). To expand the living quarters, an attacnea rear addition was previously built that encroached 11.9 feet into the minimum rear setback of 25 feet (see Exhibit "B" - properS, survey). Staff has observed that several other homes in this neighborhood have rear building lines that appear to encroach into the current rear setback of 25 feet. However, records could not be located to document proper permitting, date of improvements, or variance approval. Staff assumes that due to the age of most homes in this area. many of the improvements could have pre-dated current setback regulations. The above-described hardship criteria focus on characteristics regarding lot size and configuration, and particularly characteristics that uniquely distinguish the subject lot or use from adjacent or nearoy lots and/or uses. Since the subject lot is typical in area and configuration relative to other lots within this subdivision, and the use of the property is identical to the uses on adjacent parcels, this case fails to satisfy the principle condition "a" above. Further, since the variance is made necessary by actions taken by the applicant, criteria "b" above is not satisfied. Lastly, space is available to expand the front of the home, where approximately 14 feet exists between the existing structure and the front setback. RECOMMENDATION Staff recommends that the request for relief from Chapter 2 Zoning, Sect on 5,C.2.a. to a ow a 11 ~9 foot rear setback variance within the R-1-AA zon ng district, be denied due to the lack of traditional hardship, and due to the circumstance being created by simple home improvements and unit layout on a standard platted lot. No conditions of appreval are recommendea; however, any conditions ~o,! ,a,,pproval added by the Planning and Development Board or City Commiss on will be placed in Exhibit D. Staff should indicate that past variance requests have been reviewed by the city using more than the traditional cr teda, or interpretations of this criter a p acing greater emphas s on economic potential, minor home expansions, and characteristics of surrounding properties. For this reason, and to indicate the conseouence of denial, staff offers the following information for consideration: 1. The subject improvement represents a minor expansion of the home relative to the minimum living area standard applicable to the subject zoning district; 2. No objection from adjacent proper~y owners has been received by staff; 3. Relative to condition "f" above, the rear of the proeerty abuts the Seacrest Scrub, and therefore the placement of [he structure within 13 feet of the rear property tine would have no injurious or detrimental affect on adjacent properties or public welfare. Surplus space exists within the current buildable envelope for expansion: however, due to layout or the site. [his would require substantial redesign of the structure and significant cost; 5. This request for a variance would allow the applicant to enjoy similar privileges as other homeowners Who have similar rear encroachments and dwelling unit designs on these relatively older parcels Page 3 File No. ZNCV 00-018 6. If the variances are net granted, the rear improvement could not be ~mproved, nor could any ~ improvements be added to the rear yard unless placed witlfiin the four (4) feet remaining nside the setback line. It should be stated that this ana~,ysis and reoomm~.nd~ati~n were not influen~,by ,the current ,existence of the i~provem~ent, nor does ,it suOPort or justify ~8~tru¢io:n ~f arty ih~p¢0<,~ent wi,~h0~t':a permit, or exempt the property owner from ~ny.per~aJlty ap,~licable to Cdn~tru~ti0n, activity C0~d, ucted without proper permits. MPJJA Attachments LOCATION MAP ARLENE HENRY PROPERTY EXHIBIT "A" l.J 1/8 400. '800 2649' 144 SeE. 31ST AVENUE 75.00' ~'OTINCLUDED LOT 7, BLOCK 11 ESTATES According to the plat tecogded in Plat Book 24, Page 245, recorded in the public NORTH Renner,.Burgess} Inc. Oofl[h.d To EXHIBIT "B"" EXHIBIT "C" September t. 2000 Ci.ty of Boynton Beach Zoning Code Variance Application of Arlene Henry for 144 SE 31~ Averiue, Boynton Beach_ Florida 33435 including answers to A-F of part 5 of the zoning code variance application To Whom it May Concern: I write to request a zoning code variance and this letter is being written in conjunction w/th my zoning code var/ance application attached hereto Specifically, I would like to roof and enclose the rear patio of my house located at 144 SE 31s, Avenue, Boynton Beach, Florida 33435. This existing patio ~vas meant to be joined to the home but it has recently experienced deter/oration and rotting around the boards where pano meets the home. I was forced to pull down a pomon of the patio and have ~t re-secured to the home. There are a }or of animals including lizards even snakes coming in as there is 49.5 acres of forested area behind the home. In addition, the fascia on tile edge of the roof where the patio is located was falling apart and romng as well I would like to roof and enclose the rear patio of my house to stop the lizarcis and snakes, ro allow the four children, 17, 14, 8 year old and a 13 month old to be able to utilize a safe area to play and so that I would be able to place an exercise machine there. As the attached blueprint shows, I had a strong structure made out of eight inch cc block and steel constructed which connects to the eMsting building roof to get a good slope and built up an eight foot roof. This was quite expensive to construct it in that location. [ now apply to be able to continue on w/th it. There Is a lot of homes with similar roofed and enclosed patios in the immediate area. As to the special conditions, hardships or reasons justifying my requested variance and questions A-F of part five of the zoning code variance application: A) C) Special conditions and mrcumstances existing partmutar to the land include/ts location adjacent to 49.5 acres of forested area which make supplies numerous animals including lizards even snakes from coming into the pano area and posing a danger to the children named above. The animals such as lizards and snakes which live in the ex/sting patio area come from the ~9.5 acres of forested area immediately behind the home and posing a danger to the children. This is nor the result of my actions. Granting the variance requested herein w/Il not c~nfer any special privilege that is denied by any ordinance to other lands_ buildings or structures m the same zoning distr/ct. EXHIBIT "C" E~ F, Literal interpretauon of the provisions of the chapter would deprive me of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary, and undue.hardship on me such as not being able to provide a safe environment for the children,to utilize. The variance granted is the minimum variance that wS:ll make possible the reasonable use of the land, buildine and strdcture. That the granting of the variance will be in harmony with the general intent and purpose of the chapterandthat such variance will not, be injurious to the area involved or Otherwise detrimental to the public welfare. ~apprec.iate:your time in this matter. Feel free to con~act me if any furtheriaformation is needed r if I Can be'of further, lassistance. Very truly yours, Arlene Henry 144 SE 31" Avenue Boynton Beach. Florida (561 ) 731-54-09 { 561) 491-0382 33435 EXHIBIT "D" Conditions of Approva! Project name: Arlene Henry File number: ZNCV-018 (rear yard setback) INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES ) Comments: None X FIRE ~Comments: None X POLICE Comments: None X ENGINEERINGDMSION Comments: None I X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determined. CK. DOC PROJECT NAME: ARLENE HENRY VARIANCE APPLICANT'S AGENT: Arlene Henry DATE OF CITY COMMISSION PUBLIC HEARING: QCTOBER '17, 2000 TYPE OF RELIEF SOUGHT: Rear yard setback from property line LOCATION OF PROPERTY: 144 SE31 ~ AVENUE X TH S :MATTER came before the City CommiSsion of the City of Boynton Beach, Flor da appearing on the ConSentAgenda;on ~he-clate able. The C~[y cbmmissi~n hell, by adopts the findings ~nd recommendat On of }.he Planning and beveiOpment Beard; WhiCh Board found as foil0ws: OR THIS MA'FI'ER came on to be heard before the City Corem ss on of the City of Boynt0n Beach, F or da on the date of hearing stated abOVe. The C ty Cor~m ssion having considered the relief sought by the appli~nt, and he~rd testimony from the apptiCantl n~embers of city iadministrative staff and ~he public finds as follows: 1. Applicat on for the relief sou,g_ht was made by the Applicant in a manner consistent with tl~ requirements 0fthe City s Land Development P~g~lat ohs 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 pub c and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". The Applicant's application for relief is hereby x_ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall takeeffect mined ately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms anc conditions of this order. 7. Other DATED: V-CONSENT AGENDA ITEM D, 5 CITY OF BOYNTOlX- BEACH AGENDA ITEM REQUEST FORM Requested Cit~ Commission Date Final Form Must be Turned Requested CiD Commission Meetine Dates in to City Cl~rl~'s Office Meetin~ Dates [] July 18. 2000 July6, 2000 (5:00p.ra.) [] September 19. 2000 [] August I, 2000 July 19, 2000 (5:00p.m.) [] October4. 2000 [] August 15. 2000 AugUst 2. 2000 (5:00 p.m.) [] October I7. 2000 [] September 6, 2000 August 16, 2000 (5:00 p.m.) [] November 8, 2000 [] Adrafi~strative [] NATURE OF [] Consent Agenda [] AGENDA ITEM [] Public Hearing [] [] Announcement [] Date Final Form Must be Tumed in to CiO/Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 ~,5:00 p.m.) Development Plans New Business Legal Unfinished Buimess Presentation RECOMMENDATION: Please place the request belowon the October 17, 2000 City Comnnssion Agenda under Consent - Ratification of Pla~nin$ and Development Board action. The Planning andDevelopment Board with a unanimous yore, recommended that the subject request be approved (there are no conditions recommended by staff nor the Planning and Development Board); For further details pertaining to this request see attached Department of Development Memorandum No. PZ 00-287. EXPLANATION: PROJECT NAME: DONDI REALTY VARIANCE (rear setback) AGENT: Dan Hess/Dondi Realty Group Inc. OWNER: Dondi Realty Group Inc. LOCATION: 2211 SE 3~d Street (Lot 30, Crestview Subdivision) DESCRIPTION: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2. to allow a two-and-one-half (2.5) foot reduction from the mmimurn twenty-five (25) foot rear setback required within R-3 zoning district for a duplex residence. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Di~tot/o f ~D ~vbl'~m'~nt City Manager's Signature EJirector of Plarmin~'~oning City Attorney / Finance / Human Resources PLANN MEM DEPARTMENT ~IVISION Staff Report for Planning and Development Board and City Commission Meeting Date: October 10, 2000 File No: ZNCV 00-017 Rear setback from property line Location: 2211 SE 3r°St (Lot 30 Of Crestview subdivision) Owner: Dondi Realty Group, Inc. Agent: Dan Hess Project: New duplex residential building on a R-3 zoned property. Request: Request relief from the City of Boynton Beach Lanc Development Regulations, Chapter 2 Zoning Section 51F.2.a., to allow a'~two-and-one-half (2.5) foot reduction from the minimum twenty-five (25) foot rear setback required within R-3 zoning district for a duplex residence. BACKGROUND The subject property, located between the FEC railroad tracks to the west and S.E. 3rd Street to the east, and about 40d feet north of SE 23rd Avenue (Golf Road), is Zoned R-3, Residential Multi-family. This is currently vacant and surrounded by other duplex and multi-family buildings (see Exhibit "A" - Location Property Map). The applicant owns lots 28, 29 and 30 of the Crestview subdivision. There is the intention to assemble all three (3) lots and divide them into two (2) lots for the construction of separate duplex buildings. The duplex buildings would be buitt on lots 28 and 30, with lot 29, in the middle, robe diqided between both lots for parking and a minimal open/recreation area. The parking also is proposed to be located away from the road. Both buildings would be oriented east-to-west (perpendicular to the road) with the purpose of minimizing the tenants exposure to the train noise from the west (see Exhibit "B" - Proposed Site Plan). The depth of lot 30 is slightly smaller than the other lots making it impossible to accommodate the same 1,123 square foot building proposed in tot 28 unless a variance is granted. The proposed building would encroach two-and-one-half (2.5) feet into the required rear yard setback of twenty-five (25) feet. This variance application is to allow a two-anC-one-half (2,5) foot reduction from the minimum rear setback required within the R-3 zoning district for a duplex residence. Staff surveyed the area and observed that all lots facing SE 3',d Street are developed. Most nearby lots contain duplexes, with one lot containing a single-family home, and two (2) lots with multi-family projects. There is no consistency with respect to orientation of other duplex units. Page 2 File No. ZNCV 00-017 ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the specia~ c~nditi~ns and circumstances d~ n~t resu~t fr~m the acti~ns ~f the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied bythis ordinance to other lands, buildings, or structures in the same zoning districL That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district underthe terms of the ordinance and would work unnecessary and undue hardship on the applicant. ~ e. That the variance granted is the minimum variance that will make possible the reasonable use of the land. building, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. fExhibit "C" contains the applicant's response to the above criteria.) The proposed assemblage of land will produce a lot approximately 13,000 square feet. or about 4,000 square feet greater than the minimum required for this zoning district. With respect to lot depth, lot #30 is in excess of 122 feet deep. Since the proposed project will occupy one-and-one-half parcels of assembled property, and therefore exceed all minimum lot restrictions, this analysis need not include a compariSon with adiacent lots or lots similarly used in the subdivision. Since the subject parcel does not contain unique characteristics relative to adjacent lots. which when zoning regulations are applied the reasonable use of the property cannot be achieved, a hardship Is justified. Therefore, conditions "a", "b", "c" and "d' from the above-criteria are also unsatisfied. With respect to lot capacity, it should also be noted that the side setback is exceeded along the majority of the building by more than 20 feet. As an alternative to expanding the width of the building, the building could just be reduced in length to offset the two-and-one-half (2 ½) foot deficiency, which is estimated to reduce each proposed duplex unit by 50 square feet. As each unit is proposed at 1,123 square feet, or 373 square feet above the minimum living area for the zoning district, each unit could be reduced by approximately 50 square feet to comply w~th setbacks without providing code deficient living areas. RECOMMENDATION Staff recommends that the subject re(; uests for front and rear variances be denied, due to the lack of traditional hardship, and due to the circumstance being created by the design of home improvements on a standard platted lot. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or City Commission will be placed in Exhibit Page 3 FiJe No. ZNCV 00-017 Staff should indicate that past variance requests have been reviewed by the city using more than the traditional criteria, or interpretations of this criteria that place g 'eater emphasis on economic potential and characteristics of surrounding properties, For th s reason and to indicate the consequence of den a! staff offers thefo Owing inforr;nation for cons',ideration: 1) The proposed duplex represents a desirableinfill projec~ of above:average quality. 2) The required revisions to ti~e a¢chitactura/plans to meet setbacks wou~d prevent the two duplexes from being symmetrical, add design costs to the project:which would exceed the value ('albeit intangible) represented by the last two-and-one.half (2 ¼) foot in setback, and reduce living space for each unit by apprexima~ely 50 square feet; 3) The p~opesed encroachment of two.and-one-half (2 ¼) feet is mir~imal relative ,to the rnJnimurn 25- foot setback and adjacent properties; 4/ The proposed encroachment is toward the west, or the FEC Railroad tracks, thereby having no injurious or detrimer~t~! affect on adjacent properties or the city; 5) No opposition tow, ard~the;subjeci request has been communicated to staff by nearby residents; and 6) The d~nial of the subject relief would ~su'lt in the redesign of the home to maintain the desired size. or to reduce total living area of each unit by approximately 50 square feet. MR/JA Attachments LOCATION MAP Dondi Realty EXHIBIT A l©.I 17,1 20.1 ~'AJR F ~ELD APTS CONDO. $_ITE PLA~NN FX~HIBIT-E EXHIBIT C DANIEL P. HESS, INC. Scptcmbcr I 1. 2000 B) C) D) D Located on thc mar o£ thc property are the train tracks Duc to thc noise created D5 thc trains, is the reason i bri~g Ods matter to the Zoning Board to help im~tmfize tiffs noim to fi.~mre le;rm~ts By placing the buildi~g perpend/cular to the ~mks rather ttmn pztrallel would create the largest sound buffer 1o the bedrooms. La order to do this_ it creates a rear setback encroachment of 2- 1/2'. The train tracks were pre~xisnng to this project. No. Tlds will nor grant us an)- special prM'Iege. No. The hteral interpretation of the provisions would not deprive us of fi~ts conm~o~fl3- enjoyed by other properties. The variance requested is the minimum variance tImt ~¥itI ~mke this possible. By ~m'andng this variance, it x~ill not onl_v be beneficial to the tenants, but ~ill also ~cate more of a family atmosphere and better curbsidc appeal for the public, Delra? Beach_ Fiodda 31415 Conditions of Approval ProJect name: Dondi Realty File number: ZNCV-017 (rear, ~etback) ~eference: Zoning Code ~Variahee ApplicatiOn dateti Septembe~ t 1 ~,,2000~ , 1: INCLUDE REJECT DEPARTMENTS PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE ,Comments: None X ENGINEERING DMSION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Cotm~ents: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determined. J :\S H RDATA'~P LAN NIN G~S HARED\WP'~P RO J ECTS~DON DI REALTY (CRESTVIEWB10-10-00 P&D COND. OF APPR SETBACK. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: DONDI REALTY APPLICANT'S AGENT: Dan Hess APPLICANT'S ADDRESS: 4-128 Frances Dr., Delray Beach DATE OF CITY COMMISSION PUBLIC HEARING: OCTOBER 17, 2000 TYPE OF RELIEF SOUGHT: Rear setback LOCATION OF PROPERTY: 2211 SE 3~d Street (Lot 30 of Crestview Subdivision) DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant ana heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the ApPlicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other il DATED: Requested City Commission Meetino Dates [-- July 18, 2000 -~ August 1. 2000 [] August 15. 2000 [] September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's July 6, 2000 (5:00 p.m.) July 19, 2000 (5:00 p.m-i) August 2, 2000 (5:00 p.m.) August 16. 2000 (5:00 p.m.) Requested City Commission Meetinq Dates [] September 19. 2000 October 4, 2000 October 17, 2000 [] November 8. 2000 V-CONSENT AGENDA ITEN E Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20. 2000 I5:00 p.m.) Oc[ober 5. 2000 (5:00 p.m.) October 18, 20Q0 (5:00 p.m.} NATURE OF AGENDAITEM [] Administrative [] Development Plans ~] Consent Agenda [-- New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement -'] Presentation RECOMMENDATION: Staff recommends the approval of funds for Housing Rehabilitation Case #2~98-027, John and Louise Garvin, residing at 918 N.W. 1~ Street, in the amount of $24,376.00. This amount includes the leverag[ng of Florida State Housing Initiatives Partnership (SHIP) grant funding in the amount of $10,000.00, and City of Boynton Beach Home Improvement funding in the amount of $14,376.00, which includes a ten percent (10%) contingency for any unforeseen problems that may be disclose¢ EXPLANATION: Housing rehabilitation is the second strategy used with SHIP funds. The applicants have applied to have their home, in which they have resided 29 years, rehabilitated through the City's Home Improvement Program. Mr & Mrs. Garvin have been certified as very Iow-income with an annual income of $24,450.00 for a family of three (3). The scope of rehabilitation inciudes the replacement of the roof and exterior doors, necessary exterior and inted6r electrical upgrades, and interior repair of walls and ceilings from water damage. PROGRAM IMPACT: The rehabilitation of the property would convert a substandard structure in the community inte a safe environment, meeting the U.S. Housing and Urban Development's National Objective. FISCAL IMPACT: The costs associated with rehabilitation of older dwellings are expensive. The ability of levereging local funds with State Grant SHIP funds gives the City the ability to address this issue effectively. ALTERNATIVES: Failure to adequately repair this dwelling w~ environment for the ~'~ ~]~/1/~' inhabitants and/~L/'~/~redu~e ability to repair in the future. Depa~'~n~nt t~e-ac~'Sighature Cit~Manager's Signature Department of Development ~z~,h~ ~) Division of Community Redevelopment Department Name City Attorney / Finance / Human Resources R.equcsted City Cortmfission Mectin~ Dates~ [] July I8, 2000 [] August 1. 2000 [] August l 5~ 2000 [] September 6, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM V'CONSENT AGEND.a ZTEH F Date Final Form Muss be ruined in to Cit~ Clerk's Office~ July 6, 2000 (5:00 p.m.) luly 19, 2000 (5:00 p.m. ~ August 2, 2000 tS:00 p.m.) August 16, 2000 (5:00 p.m.) Reques*ed City Corem ss on [] September 19. 2000 [] October 4. 2000 [] October 17, 2000 [] November 8, 2000 Date Final Form Must be Turned in £o City Clerk's Office September 7, 2000 (5:00 p.m.j September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 rS:00 p.m' NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consem Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfiinshed Business [] Announcement [] Presentation RECOM3~NDATION: To purchase one Toro Greensmaster 3100 2WD Greens Mower with 11 blade Cutting Unit and Roller Kit utilizing GSA Contract #GS-07F-8722D (copy attached). EXPLANATION: Present unit is worn out and scheduled for replacement this fiscal year. We are only purchasing one riding greens mower for use on the Executive Course. Until these greens are renovated and brought up to USGA specifications there is no need to use walking mowers on this course as proposed for the replacement of the other two riding mowers. PROGRAM IMPACT: Reduced maintenance repair costs and improved mowing capabilities. FISCAL IMPACT: $14,559.92 acct. 411-2911-572-99-13 ALTERNATIVES: N/A ~ Department Head'~ Signature City Manager's Signature Golf Course Department Name City Attorney / Finance / Human Resources S:~BULLETiN~ORMS~AGENDA ITEM REQUEST FORM.DOC MEMO To: From: Date: Subject: Joe Sciortino, MP, Golf Director Daniel Miller. CGCS, Golf Course Supedntendent,~/~'L October 3, 2000 Replacement of Greens Mower for Executive Course One dding greens mower for the Executive Course is scheduled for replacement this fiscal year. I recommend piggybacking the GSA bid as we did for the tee mowers last month. The cost will be $16,650.46, see the attached information. ~ ~/~ O? O0 07:22p DeYoun§ (5S1~B42-86~8 p.1 GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SCHEDULE GS-07F-8722D GSA PRODUCT PRICE BOOK Modification# AS 16 CONTRACT EFFECTIVE DATE MARCH 01, 1996 THRU FEBRUARY 28, 2001 On-Line &cc~ss to contract ordering information, terms and conditions, up-to-date pficlu~, and the option to create an e~onic delivery order is available through GSA Advantage!, a meau-driven database system. The INFERNET address for GSA Advantage! is; http:I/www, gsa.gov 34~-100 04052 341-700 04122 --341-300 04353 3417g00 ~4-0659 341-200 04404 341-200 04406 341-200 04408 341-200 04450 --341-200 04460 341-700 04412 ~341-~00 04414 ~44~&1-~00 04424~ I 341-700 04426 341-700 21-6540 ~eYoung OUCT pn/CE LZST FEBRUARY.28, 2001 ~T~2M~P-: GS707F'B?22D Gp.~EN~ER 1~0 1000 OPTIONA~ ACCESS0~IES O~APRICE 95.86 Of 2) 28L82 265.67/ &70.08." 470.08 ~3.74 341-300 02002 341-700 02200 341-700 30769 341-700 02305 341-200 03434, 341-200 03436 341-700 02100 341-200 03437 341-200 03439 341-700 02101 ~ROU~DS 2RO 20.00 Grounda PrO 2000 ~ROu~ PRO 2000 ~XLES 3 Wheel Axle G"~O~N~ l~tO 2000 ~on ~a= Ki= Delve Sea~ ~ ~S PRO 2000 ~u~~TS S~d Kit) Blade'~ft F~ed~a= ~u = ~ ~t ' Fixe~ Hea~ Lzft ~ 8 Bla~t Fl~=ing Floating Head~ft ~0~S PRO 20~ p~ris Blower 4,966.50 ~00.30 259.87 427.35 513.97 1,403.32 1,403.32 560.17 2,050.12 341-400 02202 pRICES QUOTED Requested City Commission Meeting Dates July 18~ 2000 August I · 2000 August 15.2000 September 6, 2000 V-CONSENT AGEN DA ITEM G CITY OF BOYNTON BEACIt AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p.m0 July 19, 2000 (5:00 p.m.) August 2. 2000 (5:00 p.n~) August 16, 2000 5:00 p.m.) Requested City ComtaJssion Meetin~ Dates [] September 19, 2000 [] October4 2000 [] October I7, 2000 [] November g, 2000 Date Final Form Must be Turned in to Cir. Clerk's Office September 7, 2000 (5:00 p.rn~) September 20. 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.~ October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adminlslxative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Armounceracmt [] Presentation RECOMMENDATION: Purchase of four John Deere 220A walking greens mowers with trailers. The mowers are $4,712 each and the trailers are $750 each, for a total cost of $21.848.00 utilizing Orange County Public Schools landscape equipment bid (copy attached). EXPLANATION: Recently the golf course conducted a GAP survey of its patrons and found that the number one area that was considered to be most important to them but currently below world class standards was the condition of our Championship Course greens. After investigating ways to improve these conditions it was decided that we should be hand mowing these greens instead of using riding mowers to reduce the compaction in the greens and the wear areas in the clean up curs. We are scheduled to replace our three riding mowers in this year's budget but will replace two of the three riders with the four hand mowers and trailers. The third reel mower will be replaced with a rider to be used on the Executive Course greens. PROGRAM IMPACT: Improved putting surfaces and greater customer satisfaction. FISCAL IMI'ACT: $22,000 budgeted for scheduled replacement, acct. 411-2911-572-99-13 ALTERNATIVES: n/a Department Head4s Signature Golf Course Department Name City Manager's Signature City Attorney / Finance I Human Resources S:~BULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC MEMO To: From: Date: Subject: Joe Sciortino, MP, Golf Director Daniel Miller, CGCS, Golf Course Supodntandent//L(/ October 3. 2000 Purch. ase of Walking Mowe, rs and Trailers I recommend purchasing four John Deere 220A Walking Greens Mowers from Nucrane Equipment. We can piggyback the Orange County Public, Schools bid for equipment for the purchase, see attached information. The mowers and trailecs are $4,712.00 and $750.00 each, respectively. We budgeted $22,000.00 for the conversion to walking; this purchase would total $21,848.00, which is $152.00 under budget. 2020 Seabird Way Riviera Beach. FL 33404 (407, 842-0440/(407)842-5588 Fax 1010512000 PAGE DANIEL F. MILLER THE LINKS AT. BOYNTON BEACH PO. BOX 310. BOYNTON BEACH FLORIDA 33425-0310 DEAR DANIEL I am pleased to quote the followin,q John Deere products for your consideration. 4 EA. JOHN DEERE 220A WALKING GREENS MOWER 1791M 220A 1010 2" in. Diameter machined grooved front roller 9010 transport wheels & stand BM19100 light kit DISCOUNT TOTAL $ 4,712.00 t 8~848.00 Per Machine 4 Machines List Price ~ 6~090.00 Per Machine PAGE 2 4 EA. JOHN DEERE TRAILERS FOR WALKING GREENS MOWERS List P~ce ~ 1~100.00 Per Trailers DISCOUNT TOTAL Per Trailer 4- Trailers ............................................................................ Grand Total $ 21,848.00 NUCRANE MACHINERY JON GOWEN Sales Manager Mobile 722-6110 Office ( 561.642-0440 ) SEP-18-~880 15:38 OCPS PURCHASING ~AC SERV 4~ ~51~B~2 5~85 P.01/84 ORANGE COUNTY PUB'LTC SCHOOI.~ :(4'07) 31;7-3700 (40~) 317-3783 PURCHASI~O PHONE~ (407) 317-3700 FAX# (407) 317-3783 FAX TRANSMIT£'AL COVER FAX ~NO: FROM: EXT~ DATE: TI/VIE: PAGE~ 0/qCLUDINO COVER COMlVffiNT~: "The Orange County School Board is an equal opportunity agency" 09/06/00 11:$1 FA~ 40?3239556 0?/24/00 ~ON l~:l~ FAX ~l~ 431 24~ CHAD ARMSTRONG, DIRECT (30VT SALES JOHN DEERE CO, 4401 BLAND ROAD RALEIGH, NC 27809 O~r MR ARMS1KONG; 'the =emmet ~ LANDSCAPE EQUIPMENT ~s due t= exidm ~ JULY 21,, 2000. we I1' ~u ~ not intll~M~l i~ e~ilfl~O ~is =,,,;,-,,;, M ~ I1~ ~ I, , of JOHN DEERECO- do notagnae to ea:lengl ~ulf~ect V~.~d y~a 19.~ ml.m y~ur r~ponse b,/mall m Fax ~n ~r I~m APRIL 12, 20~0. J.n Antron A~mlnlM~r. Pu,~mMn~ TOTRI-P,O1 ~-~ Sent By: Jonn Oeere ¢o. Oan Brier; o O~,~ZO/~ FR! 08:~$ F~,X $15 $84 919 847 9825; Aug-20-99 10:33AU; Page 2 ~OY'T ~AL~$ ~002 ORANGE COUNTY PUBLIC SCHOOLS August 5, 1999 John Deen~ Company 4401 Bland R~ad Raleigh, NC 27609 The School Boan:l of Orange County, rr~eting in off'mial ses~iofl on July 27, 199~, voted to award f~e bid for LANDSCAPE EQUIPMENT it the price as li~ted on ~hs attaci3ed mheet to: HiGHlANDER SOUTHERN CORPORATION JOHI~ DEERE COMPAN~ ~ TRAIt. SAW & MOWER SERVICE, INC, TRESCA INDUSTRIES, INC. GROUP 1,2, 5,7, 8&9 GROUP IG-- GROUP 3 & 6 GROUP 4 The contract period shall run fTom July 2.8, 1999 mrou~ July 27, ~300. _:_ : ~_ ___ - _ p~ ordem ~hall be placed aa needed by OC personnel and delivery murat be Gompleted within the time specified in ti3e bid. o8/10/~ FRZ 0~%$ FA/ ~%~ ~$~ ~41~ c.,OV*T 9,qlg$ June 3, 19gg Page 315 I~oos TO: HENRY R. BOEKHOFF Chl~ Ft~tn¢la.I Officer SUBJECT: VENDOR(S) RECOMMENDEDFORAWARD: VENDOR NAME Hignlmnd~r SoUtJ~m Corp. T~R S~ & ~ ~ Tr~ I~u$~, In~ AMOUNT AWARDED Perr, entag,~ Dl~t Percwn~m OtKeunt percm~m9a Ottcount ITEM OR LOT # GROUP 1, 2, 5, 7, 8 & g GROUP $ & 8 GROUP ,( CONTRACT TERM: One ~r from c~t~ of mwm~ *~ eddlUon~ one-year terms NUMBEROFBID~MAILED: 2~ RECF..W~D: 5 FUND SOURCE: SUPI:~ Service~ O~p~r~ment SCHOOL OR OEPT.: Va'iou~ EXCEPTIONS TAKEN BY BIDOER.I; ~nw Bmlow OI~CR~'TION O1' EX¢~PTION Wesco Tu~ Supply, Inc Bidder ¢~1 nm ~Nd 'NI c¢ l~n¢ pe~ Group I~ required In t~e bid. COMMENTS: None I CONCUR WITH THE RECOMMENDED AWARD: PURCI-{ASI~ M/WBE DEPT PE_RC~tITAGE ~PERCENTAG~: PERCENTAGE PERCENTAGE D~COUNT I DISCOUNT GROUP1 I ,~_MA~UFACTURER_ 25% t . GROUP 2 GROUP3 2 E~ho Repair Parts GROUP 1 TOTAL: Brifgs & Strafion Equipment BriDge & SVat~nn Reeair Parts GROUP 2 TOTAL: G?vely Equipment___ Gravely Repair Pa~ GROUP3TOTAL: GROUP 4 7. JacOhse~ Equipmen~ 8 Sacob~en Reoatr Parts GROUP4TOTAL: GROUP $ .g. Stihl E~juipment 10, Stihl Rep. air Parts -~-OUP $ Ill Tanaka Equipment_ J121Tanak~ Rep~ Parts GROUP 5 TOTAL: GROUP 6 TOTAL: GROUP 7 I ~, ~7~-~quipm. nt 1 'L T~o Remit Pa~s GROUP ? TOTAL: ~'ROUP 811 $. Yazoo Equipment Ye. zoo Repair Parts GROUP ,8 TOTAL: GROUPg 17. Exmark E u. gu~me~ GROUP g TOTAl.: _ J i 27% 25% 12% 37% ~-~ 22% ; John Deere Products ak'Parts 25% Requested City Commission Meetine Dates [] July i8, 2000 [-' August 1. 2000 [] August 15, 2000 [] September 6, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM V-CONSENT AGENDA ITEM H Date Final Form Must be Turned ~n re City Clerk's Office July 6, 2000 (5:00 p.m July 19,2000 (5:00p.m.) August 2. 2000 (5:00 p.rm ~ August I6. 2000 5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2000 [] October 4, 2000 [] October 17, 2000 [] November 8,2000 Date Final Form Must be Turned in to C/tv Clerk's Office September 7. 2000 r,5:00 p.m. Sc~ptember 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 October 18, 2000 [5:00 p.m.) NATURE OF AGEN~DA ITEM [] Adminislzative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: We recommend that $15,848.07 be refunded to The Edward J. DeBartolo Corp., Atto: Mr. Davenport, 7620 Market St., Yotmgs~own, OH 44512 EXPLANATION: See at~ached memorandum 00-248 PROGRAM IMPACT: N/A FISCAL ~I~ACT: N/A ALTERNATIVES: Depar~h~n~'of D[velopment Director // / M~hael E. l-Iaag, Bu)ldmg Code Administrator City Attorney / Finance / Utilities / J:\SHP~ATA~Development~uilding-6870~Documen~VliscXAgenda Item - Refund of Mall Money.doc ~C~Manager s Signatm'e DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 00-319 TO: FROM: DATE: SUBJECT: Kurt Bressner, City Manager · ----~,~ ' M~chael E. Haag. Building Code Admiuistrator ~7-~ Ocl[gber 6, 2000 · BOYNTON BEACH,MALL -'HOLD HAR. MI~ESS LETTER Attached is the hold harmless letter requested by you and received from Asset Management Consultants for the release of the capital facility fees. Per Dale Sugerman, this item is scheduled to appear on the October ~ 7, 2000 City Commission ~genda: Attach, ed is a copy of the package. Does this letter meet Wtth your approval? If so, I will send a copy to'the City Clerk's office to put with the agenda package. MEH:bg Attachments XC: Dale Sugerman J:\SHRDATA\Development~Building-6870~Documen~s~Vlemos in Word~Mall Hold Harmless Agreement. doc ASSET MANGEMENT 703 894- 2187 P.02 INDEMNIFICATION. HOLD HARMLESS AND RELEASE FORM, The i~bnrtolo ~rtl J Co~ (Hcminat~r "Rc'~mdee") for ~d in ~sid~ati~ of r~ving I~ ~e City of~ ~ ~,a~ "Ci~) a re~d ofm~ paid to the Ci~, and h~ ~t~ th~ foE~g: City Commission ofrheCi of B Beach a h ', ' ,~,~, .... IT o~.~. .ut °nz~d the refund m the amount of $1584g0'~ ofmon~v p~-la t~), relgrrgo to as ~, paid by Refimd~ on 4/27/1988 the amount of $23773.30. -- Refundee shall in&-mnify and hold the City, its officers, emplo~xs and ag~..nts harml~,s and de~and the ,-~, a4~ g'~p~:m~m, mmmlll~g alrorneys l~ea, r~sUltlng fi'~mr~, ansin~ out oE or x~nth making any.additional elmm or eolleenon on mteegst towards refund described above The party nighing I~low Cot R*fi~nd~ acknowlgMgcs and warrants that he/she hag ~ g)ven authority by l~ftmd~to sign on behalfofan~} bind Refund~e m the terms ofth(s information, Hold Harmless and Re&aso Form. Lynn E. Da~mport, Sr. Vice Pr~siden~ Th, Edw~. rd J. l~Bai'tolo CorFggation Company 762O Mnrket St. ^dc~s~ . Youngstown, 0hio44512 City, S~tte. Zip ~$2~t-OB-00 21:07 ASSET MANGEMENT 703 594 21A7 O nage nts P. O~ Arm: Bonnie Municipality:Boy, on Beach, FL Fax N'o: (561) 742-6357, Dare: 10t05/2000 12601 Garman [)rive. Nokcsvillc · VA 20181-2734' (703) 594-3100 - Fax (703) 594-2187 DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 00-248 TO: THRU: FROM: DATE: SUBJECT: Kurt Bressner, City Manager Quintus Greene, Director of Development Michael E. Haag, Building Code AdministratOr~-.c--~f~ August 24, 2000 BOYNTON BEACH MALL - RELEASE OF CAP&TriAL FACILITIES FEES On March 10, 1988, then City ManagerPeter L. Cheney wrote a letter to Edward J. DeBartolo & Assoc. Company, stating that he agreed that they owed $91.592.50 for the remainder of the Capital Facilities Charges that covered the £ncst five department stores and the center section of the Mall ~letter at~ached). On April 8, 1988 DeBartolo sent the City Manager's office a check in the mount of $91,592.50. They stated in their letter that they wished to apply the balance of the Capital Facilities Charges toward the total Capital Facihties Charges for the Sears store now and to pay the Macy's third floor Capital Facilities Charges at the time they applied for their th/rd floor building permit (letter attached). On April 14, 1988, Mr. Cheney sent a memo to then Building Official Bud Howell asking him to review the April 8th letter and if he agreed with the information contained therein, Mr. Cheney would sign a copy of the letter from DeBartolo (copy of memo attached). A memo was sent by Mr. Howell to Mr. Cheney on April 1 th . 9 stating that he was m agreement with the charges as stated (copy of memo attached). On April 27, 1988, the Building Department received the check for $91,592.50 from DeBartolo. A portion o£this money ($67,819.20) was placed in the capital facilities account for water and sewer charges for Macy's Department Store. The balance, $23,773.30, was deposited in account 401-000-220~01-00 to be used for capital facility charges for Sears when that store was built. Sears did not build a new store because they went into the space that the Jordan Marsh store formerly occupied. On September 26, 1995, the Sears Automotive Service Center was permitted and a portion of the $23,773.30 was used for sewer and water capital facilities fees for this facility. A copy of the permit (95-0753) is attached showing the sewer and water amounts used ($7,925.23). Therefore, $15,848.07 remmns in this account. Building Division Memo No. 00-248 to Kurt Bressner RE: BOYNTON BEACH MALL - RELEASE OF CAPITAL FACILITIES FEES August 24, 2000 Page Two On August 7, 2000, we received, a request for release of this money to the DeB;artolo Corp. from Asset Management Consultants. They are calling it a Release of Bond; however, according to our records, this was not bond money but, rather, money to be used fo~ capital facilities charges when the Sears store was built. It is my understanding that Pete Mazzella, Assistant to the Director of~tilities, do~s not believe We ~h{~uld'refimd this n~ fiey b~use he saYs the entire capital ~facili't~S'?charge~f?r the mal~ were based on retail space, xvhich was .40 per sq. ft. Restaurants and me Food Court, he sayS.,~ were also assessed at this retail rate rather than at the much higher Kestaurant rate: Theref0r~, he does not think we~ should refund any capital facilities fees.' We believe that since~t~s.money was acmall,y accepted by the City a~d agree~ to be used for the Sears capital faci~ties c~harges, Mr Mazzella s concerns do not apPly~to therefore recommend tha~ the balance of this money, $15,848.07, be ~etUmed re:the DeBartol0 Corp. MEH:bg Attachments XC: lohn Guidry, Utilities Director, w/anachments Peter Mazzella, Assistant to the Utilities Director, Diane Reese, Finance Director, w 'attachments Mary Munro, Budget Coordinator, w attachments w/attachments l:\SHRDATA\Devetopment~Building-6870\Documenrs~vtemos In WordhMALL-CAPITAL FACILITIES MONEY.doc M~rch 10. 1988 Mr. Peter C. Pusnik Engiaeering Project Edward j. DeBartolo & Assoc. 7655 Market Street P. O. Box 3287 Youngstown, Ohio 44512-6085 RE: Coordinator Company Room #601 Macy's Boynton Beach Mall Capital Facilities Charges Dear Mr. Pusnik: I concur with the cal~ulations of Capital Facilities Charges outlined in your De~ember 22, 1987, letter. I &Dree that you now owe $91,592.50 for the remainder of the cepi%~l Facilities Charges ~ha~ cove~ the fir~fiv~,~epa~me~ :~or-e~ ~nd the cente= sectio~ (inter/o= It is unders=ood that Capital Facilities Charges for the sixth storedepartmentis determined.st°re (Sears) will be calculated when the size of that PLC:Jc CC: Sincerely, ' " '/ ;% Peter L. Cheney City Manager Bud Howell, Building Official Jo.h~. Guidry, Director of Utilities April':$~ I988 EOWARO J. OeBARTO~.O & ASSOC. COMPANY 7655 MARKBT ST. e.P 0.;~0X328~T YOUNGSTOWN. OH 44512-6085 Mr, Peter Cheney City Manager City o.f B~ynton Beach 120 ~.E. Second Avenue Boynton Beach, FL 33435 Dear Mr. Cheney: RE: Room #601 Mac~s BOYNTON BEACH MALL (Capital Facilities Charges} Enclosed is. our Check #75065 in the amount of $9t.,59Z.50 which payS the balance o~be; projact's. Ca~.ita~ Facilitie~Chargesas confirmed in your March lO, tg~ letter~ 's will construct only two {2} of their three {3) floors initially no m ediate plans for the third floor, re to ita~ Facilities, Charges to~ar~ the total Caoita~ the bare,ce of the Cap _ ~.~ .~,~ 's third floor ;~c~l(ti~C m for th~ears sto,~= ,~wand to pay ~e.Ma~ ....... building permit. The Mac sjthird floor Capital Facilities Charges will be based on [ -~ Y ~J~ ~ ..... H("n increASeS reouire90-da¥ notice fromyour ~fficeqPe?Item ~ in my April 2, 1984 agreement letter g~wng us the opoortunity to pay off the balance at the agreed rate. The formula for calculating the Sears Capital Facilities Charges is still to be w~rked out. 'EDW,~RI~ ,~ D~RTOLO & ASSOCIATES .- Mr. Peter Cheney City of Bo~nton Beach Room ~601 - Macy's Boynton Beach Mall {Capital Facilities Charges) April 8, 1988 Page 2 Following are Capital Facilties Charges figures't~ back-up where we are now and the direction'we'd like co go: Gross Leasable Area Per Project DRI Total Capital Facilities Charges For Project Capital Facilities Charges' Sq. Ft. Total Capit~l Facilities Charges Paid To Date Balance Capital Facilities Charges Due Per Agreement 1,108,000 sq. ft. $443,532.50 $ .40 sq. ft. $351,940.00 $ 91,592.50 Macy's Gross Floor Area Macy's Floor Area (lst and 2nd ~acy's 3rd Floor Floor) CaoitaI Facilities Charges To Be Applied to Macy's 169,548 sq. ft. x $.¢0 sq. ft. : $67,819.20 222,662 sq. ft. = 169,548 sq. ft. 53,114 sq. ft. ~ l~[.) Capital Facilities Charges To Be Applied To Macy's In Future: . 53,114 sq. ft. x $.40 sq. ft. ~ $21,2¢5.60 ~oq~'~ Capital. Fac1)itie$ Charge~ To Be App)~i~ Toward Sears' T(>tal Capital ' Jr ~ ' To be adjusted with center section leasable area per agree~nt. The a~ove info~ation and figures were discussed and founo acceptable in our ~Dril 6, 1988 telephone conversation. .At your direction, I am providing a line at C~e bottom of this letter for your signature noting your acceptance of the above items. Please return one (l) signed complete copy ~o my attention. · ~ MrJ Peter Cheney Ci,ty of BO~nton Room, ~601 - Macy s Boynton Beach Mai1 (Capital ~acilities Charges) -~ri) 8, 1988 Page 3 Thank you fo,r ~ur continued cooperations, on this· matter,,~ Very PETER C. PUSNIK, Engineering Pro~ect Coordinator PCP/pg Enclosure F. Zdrojkowski C. Culichia L. Zarlenga S. Easton R. Squire D. Curl J. Williams P. Brock P. Frank {1) E. Howell @ City of Boynton Beach M. Kopczynski @ City of Boynton Beach j. Spurt @ Boynton Beach Mall A. McGuire @ R. H. Macy J. Gregorski @ GSGS&B File (1) Caoitat Facilities Charges (1) Approveo and accepted by Date )4 E M 0 R A N TO: Grady Swann, Finance Director ~':' FROM: Peter L. Cheney, City Manager ~....?~ SUBJECT: Bo, nton Beach Mall Capital Facility ~~t~ I am fo~arding a check in the amount of 91,592.50 to the Finance Depar~ent Boy,,ton. Beach Mall Capital Facility Charges to cover the remaining for responsibilities for the Mall. including Macy's. A cop~. of the letter from DeB~rtol~ {Peter Pusnik) is a[tached to this m~oran- dum. P)ease review i.t ~ let me ~.nm tf )o~ mgree with the info~t~on con- tained therein. As soon as 5ou do I will P u$i nk. PLC:lat Attachment sign a copy of the letter and return it to Peter Peter L. Cheney City Manager ROM Peter L. Cheney City Man~ger Edgar .E. vHowell. Building Official MEMORANDUM BOYNTON BEACH MA~L CAP!TA~D FACILiE CHA~GES Zour m~mo of I have r~vsswed P~ter-Pusn~k ~ as statsd. I ~ilt piaee in our reeorda tha~ with t~e Charges to' b~, ~redited xc: Med Kopezynskl Buildinf Offi~ia~/ A1 Newbold The Edward ~. DeB ~olo Corporation t$91,592.50. -- CITY OF BOYNTON BEACH Boynton Beach, Fiofid~ No_ - ,- WARNING TO OWNER: W0~, FAILURE -TO RECORD A NOTICE OF COMME._N~..MENT YOUR PROPERTY. IF YOU I~D' TO 0BTNN CONSULT WITH YOtJR!'~R OR AN!MAE~.,R, NEY BEFOR REC~)~ ,1~1~3 ~Y~UR ~ OF COMMENCE, ' ' i .. .... NOTICE ~S,~A~IES OR~D~L- ~ ~ erm~ ~,~z~D ~,~G ~ERMiT CITY OF BOYNTON BEACH BUILDING DIVISION Date Al:~lied: Prepared By: Date Issued: Permit No.: ' Plat/Book/Page ~5 ~u~ N CONGRESS AVE ~Jbdivision Name }wner's Name/Address/Telephone ~lditionat Description BFE Construction [ Occupancy I Sq. Ft. I ~chedule of Fees FL 33~35 General/~chit~t/Engi~ SERV CNT FLZ Im~mvem~m ~ 98~%~93 CGMMERCiAL B~iLDING ~ THiS PERMIT FEE IS NOT REFUNDABLE C3 Legal Address Co~ractoKsName/A~m~/[Jcense/~PnO~ EMEREE CONSTRUCTION ORCUP. iNC 8C50 AIRPORT ROAD GEORGETOWN TX 78~Z8 512 869-2626 ~LANKET FEE i5.758.2~ CREDiTE[ 13.%50.C0 DATE- 9/gS~95 RAiD i.500.0~ DATE- ~/26/9~ RECEiPT~- 7771 PAiD 758.29 DATE- 9/25/95 RECEiPT~- 7772 FCS iTRER Fma---.. TYPE- SEWER CREDIT ,_~_~,~- WATER CREDIT I S IGNATU~E I~E, ~ IF THE ~ A~I~D ~ ~T INS~~D FOR A ~ HUND~D ~0 EiG~Y 080) OA~ - RIGHT (THis S~DK FOR OFFIGE USE Application Master Plan APPLICATION DATE: ~CEI~ BY: . FRO~ AREA SQUARE FEET ~2-0,,~1~ BASE FLOOD ELEVATION FINISH FLOUR ELEVATION ~(~. NUMBER OF STORIES NUMBER OF UNITS PAR~ING SPACES REQUIRED # OF BEDROOMS /t OF BATHROOMS ROAD IMPACT FEE SEWER FEE WATER FEE PARKS FEE SCHOOL FEE PUBLIC BLDG. FEE LAW ENFORCEMENT FEE RADON FEE BCAIF ADDITIONAL FEE PENALTY FEE 4-01 -3~ SUB-TOTAL SINGLE FEE Site tmpr. A Building ~----~lectrieal 6~ Mechanical L'J Plmmbing ,.., Roofing Drainage Excavation , Landscaping Paving Sign TOTAL LESS PLAN FILING FEE '~r, ,~a.,~.~..~ ¢/,.' VALUATION FEE REqUIReS FOR C~'rA~ACATE OF OCCUPANCY CERTIFICATE OF COMPLETION SITE FINAL SIGN FINAL FIRE FINAL OTHER PAVING FINAL OTHE~ __.DRAINAGE FINAL FENCE/BUFFER WALL FINAL SITE LIGHTING FINAL Signatur~J TOTAL ~OUNT DUE RECEIPT NUMBER DATE PERMIT ISSUED INTERIM SERVICES'FEE CALCULATIONS Residential: X ~ of units applicable Interim monthly fee Services Fee Co~ercial: '~]~'~ ~' divided hy 1,000 ~'5¢~J ~ of sq.ft. (rounded to base ~q. neares~ genth~ ft. ra~e base sq.ft, applicable ~atel race monthly fee Interim Services Fee Dated: '~httx3dmv, Amn~t g,T. 2900 We bclic~c 19 ncccss~r~ w~ p~i~, s~il~li~ ~c.,., haw ~ ~pl~ ~ 1~ proj~t ~n in ~r fil~ ~: File: E~BARTOLO Ae~0unt $~ Pro~aot D~: MAC~g Bond Date: 4~g/g8 Pm~ ~d: Bond ~ ~'Ty~ P~t ~ Oti~cl*WLqC, Plca~ rcfund tl'~ deposit held ~ ~,Y'~,~ ~ba~ ~d~d J C~p 'l'~ i'~ C~.this ~u~ [~ ~y a~JtJoflal ~5 ~ld by you for ~is d~c~ ~ ~ntion of '~C as a~ ~ re~ ~te ~ of iii ~ q~tl~6'""" c~J~ ~ea~ pl~ ~1 f~to~ I ~ (~03~ 5~31~'. A~t Map"°-~n¢ ConsultaDt Requested City Cornmissmn Meeting Dates [] July 18.2000 [] AUgUSt 1,2000 [] August [5. 2000 [] September 6- 2000 V-CONSENT AGEN DA ITEM I CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clgrk's Office July 6.2000 (5:00p.m.) July 19, 2000 (5:00 p.m.) August 2, 2000 (5:00 p.m.) August 16, 2000 (5:00 p.rm) Requested City Comrmsmon Meetun~ Dates [] September 19. 2000 [] October 4, 2000 [] October 17, 2000 [] November 8, 2000 Date Final Form Must be Turned in to CitvClgrk's Office September 7. 2000 (5:00 p.m.) September 20. 2000 (5:00 p~m./ October 5, 2000 [5:00 p.m.) October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adminislrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve the Confirmation Letter of Wilfred Hawkins as Assistant City Manager fur the City of Boynton Beach, Florida. EXPLANATION: Mr. Hawldns is currantly employed by the City of Boynton Beach as Director of Administrative Services. Mr. Hawkins has been employed by the City of Boynton Beach since t985, and in his current capacity since 1998. The auached Confirmation Letter sets out revised duties and responsibilities associated with the position of Assistant City Manager. PROGRAM IMPACT: Allows the City Manager to reorganize the City Manager's Department and to implement two Assistant City Manager positions, setting out specific duties and responsibflites for each position. FISCAL IMPACT: This is already a budgeted position. ALTERNATIVES: Do not confirm the appointment of Mr. Hawkins. Depurrment Head's Signature f~Signamre City Manager Deparrmant Name City Attorney / Finance / Human Resources S:Yi~ULLETIN~ORMS AGENDA ITEM REQUEST FORM.DOC October 9, 2000 Mr. Wilfred J. Hawkins Director, Administrative services City of Bo?utonBeach Re: Appomunent Letter - Assistant City Manager, Boynton Beach Dear Mr. Hawkins: I am pleased to offer you an appointment as the Assistant City Manager under the following terms and conditions: By accepting this position you are representing to the City that you have the professional expertise and experience to perform the services to be provided to you pursuant to the terms of this Agreement. You have been advised and understand that the position you are accepting is not a civil service position and the City's Civil Service Rules and Regulations are not applicable to you. By entering into this agreement, you waive all rights under the City's Civil Service system. You will be an at will employee of the City and you acknowledge that there has been no representation or promise, expressed or implied fixing the term of your appointment, except as provided for herein. The job description for Assistant City Manager is attached as Extfibit "A, and that you agree to provide the City with the services included in the job description. Except as otherwise expressly provided by this Appointment, as Assistant City Manager you shall at all times: a. devote all your time, attention, knowledge, and skill solely and exclusively to the business and interests of the City during normal working hours and at City related events after normal business hours. b. perform your duties and obligations faithfully, industriously, and to the best of your ability. c. not engage in conflicting outside employment except with prior written authorization of the City Manager d. keep the City Manager fully informed in advance of all travel and activities that take you out of the office for more than a day at a time. All travel must receive prior written approval of the City Manager. I will, as City Manager, review and evaluate your performance at least once annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with performance criteria developed by the City Manager, which criteria must be provided to you m advance of the commencement of the period of evaluation. The initial performance criteria is as set forth on Exhibit "B", attached hereto. Subject to discussion with you, criteria may be added to or deleted from as the Manager may from time to time determine. Further, the Manager shall provide to you a summary written statement of the evaluation and provide an' adequate oppormmty for you to discuss your evaluation with the Manager. Periodically, you will meet with the City Manager and define such goals and performance objectives that are detennined necessary for the proper operation of Administrative and Community Services in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. Such goals and objectives.shall be generally attainable within* the time limitations as specified in the annual operating and capital budgets and appropriations provided by the City. Compensation rewews are not subject to any specific formula applicable to other City persormel. Wage adjustments shall be at the sole discretion of the City Manager and are subject te the appropriation of funds by the City Commissiom You shall receive an annual salary of Eighty Thousand Five Hundred ($80,500) Dollars, payable in equal installments paid at the same intervals as the C~ty s management personne are paid. The City agrees to execute all necessary agreements provided by the International City Management Association-Retirement Corporation ~ICMA-RC) or the Public Employees Benefit Corporation (PEBSCO) for your participation m said [CMA-RC or PEBSCO retirement plan, and in addition to the base salary paid by the Ci.ty to you, the City agrees m pay $4,500.00 into the ICMA-RC or PEBSCO on your behalf, in equal proportionate amounts each pay period, and to transfer ownership to succeeding City or you upon your resignation or discharge. The City shall pay or reimburse you consistent with reimbursement policies for City Managerial employees. You shall receive the same Health Insurance benefit provided to non-union City employees hired prior to 10/1/91. You shall receive the same benefit Disability Insurance provided to non-union City employees hired prior to 10/1/91. You shall receive the same Life Insurance benefit provided to non-union City employees hired prior to 10/1/91. You shall receive the same Retirement System benefit provided to non-union employees hired prior to 10/1/91. You shall be entitled to observe the same paid legal holidays as non-union employees hired prior to 10/1/91. -2- You shall be entitled to observe the same vacation accrual as non-union managerial employees hired prior to 10/1/91. You shall accumulate sick leave as provided m~der the rules and regulations for other managerial empt~yees'of~the City,:~inclnding pay-out :fort unused sick leave'on termination based oB the standard for employees of the City. hired prior to October 1, 1991. The City shall provide you with an auto allowance of $300.00 per month for the use of your personal vehicle for city business. The City-shall: a. defend, and indemnify you against all claim~ and actions, civil or criminal, provided the claims or actions :ariSe-out ofand inthe course of the performance of your duties and responsibilities pursuant to this Appointment; and b, pay any judgment that may be entered against you in a civil action arising out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment, except a judgment based on intentional wrongdoing by you. c. reserves the fights to select, appoint, retain, or discharge legal counsel necessary provide the foregoing defense. Your appointment and the term of this Appointment shall commence on the date of execution. This Appointment shall terminate: a. at any time by mutual agreement of you and the City; b. upon your sustained inability for all or substantially alt of 180 calendar days in a 190 daypefiod to perform all or substantially all of your duties and obligations pursuant to this Appointment as a result of physical or mental illness or condition, which inability shall be verified at the City's expense (to the extent not covered by applicable medical insurance maintained by the City) by a licensed physician mutually agreed upon by you and the City, provided that state or federal law or regulation would not preclude or prohibit your separation under the condition. In the event the parties are unable to mutually agree on a physician within fifteen days of a request for selection, the examining physician will be selected solely by the City. c. at any time by the City Manager's unilateral termination of your Appointment for the position. d. your death. e. your resignation. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than forty-five (45) days following the date of notice of resignation. -3- Unilateral term/nation shall be ~n writing, signed by the City Manager, and need nm reflect performance-related reasons. If this Appointment is terminated by unilateral action by the City Manager, you shall be entitled only to: a. Prorated base salary for the effective date of the termination plus one hundred sighty (180) days, calculated as follows: Employees annual base salary shall be divided by 365 days, and that sm shall be multiplied by 180 days, less customary withholding. b. Credit of a maximum of $2,250 into your ICMA/RC or PEBSCO account. This amount represents 50% of the annual amount of $4,500 agreed to be paid on your behalf into the ICMAdRC or PEBSCO bythe City. c. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; d. an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-un/on employees hired before 10/1/91; e. an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired before 10/1/91. f. the total accrued deferred compensation in the ICMA-RC or PEBSCO as contributed by you or the City on your behalf, or execution of a transfer agreement with a successor public agency. If this Appointment terminates upon mutual agreement of the parties, you shall be entitled to: a. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; b. an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-umon employees hired after 10/1/91; c. an amount for accrued and unused sick leave, not to exceed the maximum number of days p~tmitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; d. the total accrued deferred compensation in ICMA/RC or PEBSCO as contributed by you or on your behalf by the City, or execution of a transfer agreement with a successor public agency. If this appointment terminates due to your physical disability or death, you or your guardian or personal representative shall be entitled only to the following compensation and benefits: a. base salary through the last day that you performed services to or on behalf of 4- the CITY; b. reimbursement for as-yet unreimbursed expenses pursuant to this Appointmem; c. an mount for accrued and unused sick and vacation leave, not to exceed the maximum number of' days permitted by law~ according to ttie sChedule/formula for non-uniun employees hired before '10/I/91; and d. life and/or disability benefits if applicable. e. the total accrued deferred compensation in ICMA/RC :or PEBSCO as contributed by you or on your behalf by the City. If this appointment terminates due to your resignation, you shall be entitled only to the following compensation and benefits: a. base salary through the date of resignation or such other date as mutually agreed to between you and the City Manager b. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; c. an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired before 10/1/91; d. life and/or disability benefits if applicable. e. the total accrued deferred compensation in ICMAJRC or PEBSCO as contributed by you or on your behalf by the City, or execution of a transfer agreement with a successor public agency. No modification of or amendment to this Appointment shall be valid unless reduced to writing and signed by both parties. No collective-bargain/ng agreement to which the CITY is a party shall in whole or in part govern, apply to, or be deemed part of or incorporated into this appointment. Any civil action arising out of this Appointment or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. The CITY's waiver of any breach of any term, condition, or covenant of this Appointment shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this appointment. -5- This Agreement shall be binding on and inure to the benefit of: a. Your heirs and personal representatives; and b. the City regardless of changes in the persons holding office as members of the City. If any provision of this Appointment or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the ext~nt of such prohibition or inval/dity without invalidating the remaining prowsions of this Appointment or their application to other parties or circumstances. This Appointment and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. TI'ds Appointment Letter contains the entire agreement between the City and you. All prior agreements and understandings, whether written or oral~ pertaining to the City's appointment of you are fully abrogated and of no further force and effect from and after the date of tlfis Appointment letter. Regardless of which party's counsel prepared the original draft and subsequent revisions of tiffs Appointment, and the City and their respective counsel have had equal opp0mmity to contribute to and have contributed to its contents, and this Appointment shall not be deemed to be the product of and, therefore, construed against either of them. The omission from this letter of a term or provision contained in an earlier draft of the letter shall have no evidentiary significance regarding the intent of the parties. If the foregoing terms and conditions are acceptable to you, please sign the original of this letter in the space provided below and return it to me. Very truly yours, Kurt Bressuer City Manager Wilfred Hawkins Dated: -6- Class Code 01039 Grade: 46 63,028 / 75,633 / 94,542 FLSA: E Draft Revisions 9/O0 Exhibit A CITY OF BOYNTONBEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: ASSISTANT'CITY MANAGER (Services) PURPOSE OF~ CLASSIFICAT~ION The purpose of this classification is to direct operationS and activities of the Conm~mications Sys[~ Fniancia] Services, Human Resources, Information Services Technology, Geographic;Information Services, Pdsk Management. City Clerk's OffiCe, Comffiunity Aff~//rs~ N~ighb0rhood Project~, parks~ Recreafioi-;. Library_and related deparaneam. The position may also serve as City Manager in absence of the City Manager. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does noi exclude them from the' classification ff the work is similar related or a logical assignment for this classification. Other duties may be required and assigned. Supervises. direcm, and evalnates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals. Coordinates work activities of assigned divisions/depamaaents; organizes and prioritizes projects and workload; makes work assignments; monitors stares of work in progress and inspects completed work: consults with assigned staff to review work reqmremems, status of work, and problems; assists with complex or problem situations; provides direcfior, advice, and technical expertise. Ensures Compliance with all applicable codes, laws. rules, regulations, standards, policies and procedures; ensures adherence to established safety procedures; initiates any actions necessary to correct deviations or violations. Consults with City Manager. Assistant City Manager, and other officials as needed to review division/departmem activities, provide recoaaJgndations/technJcal expertise, resolve problems, or receive advice/direction; advises City Manager on administ~:ative details relating to daily functions of city govemmem; plans, enacts, and monitors spec/al programs/activities,as directed by City Manager; assists City Manager with certain asmgned duties. Coordinates division/departmem activities with those of other divisions, departments, consultants, outside agencies, or others as needed; participates with departments in accomplishment of activities necessary for city operations: acts as technical advisor to other agencies/depamnents. Performs the duties of City Manager in absence of Ciw Manager and upon designation by City Manager. With assistance of other Assistant City Manager and Departments, works with City Manager to develop and implement Economic Development Programs and strategies. David M. Griffith & Associates, Ltd. Page 1 Last Revised: September, 2000 City of Boynton Beach. Florida · Assistant City Manager - Services 01029S Serves as tears leader to coordinate operations of Interual Service Divisions. including Finance, Human Resources, Information Technology Sen4ces, Communications. Risk Management. City Clerk's Office, Library, Recreatior~ Parks or other assigned areas: establishes goals for the division team and for individual deparunems; assists depanmems in meeting operational objectives; participates in weekly team mee~ugs; coordinates team devulopment and supervisory rcaming in a creative "user group" environment. Coordinates Comrcamity Affa~s activities through Neighborhood Project Specialist programs: monitors activities of the Citizen Action Center through the action center coordinator; supervises city stuff liaisons_ to the Community Relations Bo~d and Education Advisory board; assists Neighborhood Specialist in facilitating Neighborhood Assistance Program; dkects/coordniates public inforraafion activities, including dispensing of public information about the City: Performs administrauve functions associated with department~divisinn operatiom; w~tes/updates administrative policy mmuual, subject to City Manager's approval: reviews/revises procedures to m~Plement changes and n~provemen~s; makes suggestions to improve operational procedures: develops methods/strategies to meet program goals/objectives consistent with county, state, federal, and professional smudards and/or needs of service populatio~ moultors, allocates, and schedules resources to ensure accomplishraent of program goals; Assists with preparation of annual City Budget; analyzes budget reqnes~s; researches budger-related matters; ~acks pertinent data to facilitate budget planning; monitors expenditures to remare within established budget; develops revenue projections for next fiscal year; reviews budget transfers/amendments for justification, fiscal irapact, and conformance with applicable policies/procedures. Assists widi preparation of agenda and support materials for City Cm~fissinn meetings; serves on committees as needed; auends board meetings, committee meetings, or other meetings; gives speeches or presentations. Documems all rights/obligations of the city and contractor/grantor m avoid misunderstandings regarding contractual activity; reviews contraetwgtams to ensure compliance with established policies; amends/reconsu'uets conuaets to comply with services needed. Compiles or monitors various administrative and statistical dam pertaining to departmental operations; performs research as needed; makes applicable calculations; analyzes data and identifies trends; prepares or generates repons; maintains records. Prepares or completes various forms, repons, correspondence, logs, worksheets, graphs, tables, budget dneuments, grsm applications, newsletter articles, press releases, policies, procedures, or other documents. Receives various forms, reports, correspondence, budget documents, policies, procedures, manuals, reference materials, or other documentation; re'news, completes, processes, fonvards or retains as appropriate. Operates a computer to enter, retrieve, review or modify data: utilizes word processing, spreadsheet, desktop publishing, or other software programs. Serves as division/deparam~ representative on interdeparunental task forces and work groups at public meetings, hearings, conferences, committee meetings, and board meetings. commUmcates with city manager, city officials, employees, other deparlments, consultants, regulatory agencies, vendors, community organizations, outside agencies, the public, the media, and other individuals as needed to coordinate work activities, review stares of work, exchange information, resolve problems, or give/receive advice/direction. Troubleshoots problem situations; responds to complaints and questions; identifies irregularities and potential problems before they become crucial; researches variables and alimmatives before making decisions: makes appropriate, unpopular, or difficult decisions in changing situations or under pressure. David M. Griffith & Associates, Ltd. Page 2 Last Revised: September. 2000 City of Boynton Beach. Florida · Assistant City Manager- Services 01029S Communicates via telephone and/o~ two-way radio; provides information, gnidance, and assistance; takes and relays messages. Provides information and education to schools, ~c~vic groups, business organizations; the media, and members of the commanitT; giyes speeches and presentations; pr~pares/distn~outes informational materi,als; coordinates -various public ceremonies, dedications, and special events and conducts tours as necessary. Maintains a.~ompmhemive, cun~nt.lmow~edge of applicable laws/regulations; maintains an awareness of new procedures,~:~ee?mo!ogies, trends¢ and :adx~anqes.h the profession; reads professional 1/terature; maintains professional affiliations; attends workshops:anti ixainthg ~ess/ons as aPProprilte. ADDITIONAL FUNCTIONS Responds to r~quests for information from the public and media representatives by assuring that current information on city activities is easily available and accessible. Writes grants to obtain funding for special projects and special projects. Provides assistance or coverage to other employees as needed. Performs other related duties as required. MINIMUM QUALIFICATIONS Minimum Bachelor's degaee in Public Adminiqtration. Journalism. Public Relations. Political Science or Business Admimstrataon with Master's level course work in the field; Master's degree strongly preferred; supplemented by six (6) years prevaous experience and/or Ucaining that includes pubhc administration, municipal government operations, public relations, public finance adminisUatior~ and budgeting; or any equivalent comb/nation of education, u'ammg, and experience which provides the requisite knowledge, skills, and abilities for tiffs job. PERFORMANCE APTITUDES Data Utilization: Requixes the ability to synthesize, hypothesize, and/or theorize concerning data involving modification of existing policies, strategies and/or methods to meet unique or unusual conditions. Requires the ability to do so within the context of existing organizational theories and management principles. Human Interaction: Requires the ability to function in a director capacity for a major organizational unit reqmrmg significant internal and external interaction. Equipment, Machinery, Tools, and Materials Utilization: Requires the ability ro operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize consulting and advisory data and kfforrnation, as well as reference, descriptive and/or design data and information as applicable. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may David M. Griffith & Associates, Ltd. Page 3 Last Revised: September, 2000 Cit~ of Bo,ynton Beach. Florida · Assistant Cit~ Manager - Services 01029S include ability to compute discount, interest, profit and loss. ratio and proportion: may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasoning: Requires the ability to apply principles of logical or synthesis functions; to deal with several concrete and abstract variables; and to analyze major problems that requ/re complex planning for interrelated activities that can span one or several work units. Situational Reasonin: Kequires the ability to exercise judgment deeis~veness and creativity in chtical and/or unexpected situations involving moderate risk to the organization. _M)A COMPLIANCE Phvsienl Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some Lifting, catty'g, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may revolve extended periods o£time at a keyboard or work station. Sensory Requirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the abiiity to communicate oraliy. Envirunmental Factors: Essential functions are regularly performed without exposore to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. in compliance with the Amencans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilfdes and encoorages both prospective and currant employees to discuss potential accommodations with the employer. David M. Griflith & Associates, Ltd. Page 4 Last Revised: September, 2000 Exhibit B Goals and objectives for next 12 months - Wilfred Hawkins, Assistant City Manager Priority goal #1: Successfully install and bring on line the new communications system and move to phase II which will bring Boynton Beach on line with seamless county Wide public safety-radio communication. Priority goal #2: Work with Human Resources to develop a successful employee evelopmentrainingprogram 'that will produce a more soph sticated and customer atisfa~tion driven ~r~pl~/ee base Special emPhasis w ll be placed o,n. improvng orking relatjonship~ ~itt~ ~taff members (represen;~ed and non-repre~te~t~~ Priority goal #3: Play a role with.the imp ementat!on of the fina C P P an re at ve to strategy deployment, marketing, and financing vehicles. Priority goal CfA: Work with the Neighborhood Project Specialist to ensure successful strategic pl~an for MLK area redevelopment is written. Priori.b/goal #5: Work with the Neighborhood Project Specialist and Community Relations Board to improve communication of City outreach efforts to neighborhood and affinity groups in the City. Priority goal#6: Work with City Manager on implementation of the 55 Strategic Initiatives as approved by the City Commission. I am looking forward to working with the City Manager toward accomplishing all of the City's goals and objectives. 10/9/00 Requested City Commission _Meetin ~ Dates [] July 18. 2000 [] August 1, 2000 [] August 15, 2000 [] Sepmmber 6, 2000 V-CONSENT AGENDA ITEM K CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Foma Must be Turned in to Ciw Cl~rk's Office July 6, 2000 (5:00 p.m.} July 19, 2000 (5:00 p.m-J August 2, 2000 (5:00 p.m0 August 16,2000 ~5:00p.m.) Requested City Commission Meetinu Dates [] September 19, 2000 [] October 4, 2000 [] October 17.2000 [] November 8, 2000 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 ~5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 (5 00 p.m./ NATURE OF AGENDA ITEM [] Administrative [] DevelopmemPlaus [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Aunouncemem [] Presentation RECOM1VIENDATION: Authorize Mayor and City Clerkto execute Tcrmination of Easement. EXPLANATION: The City is the Owue~ of an Easement in real property, pursuam m a Grant of Esement bY J&J Ventures of Flroida to the Cityo f Boynton Beact~ recorded December 1 I, 1990, in Official Records Book 6667, Page 114, of the Public Records of Palm Beach County. This Easement has been reviewed by staff, and they are in agreement that it no longe~ serves any useful purpose to the City. The grantee's attorney has requested that this Easement be terminated by the City. PROGRAM LMPACT: None FISCAL IMPACT: None ALTERNATIVES: Department Hcad's Signature Deparunem Name ~ Manager' s Signature ~y/Finance Hurnan Resources S:X3BULLETINWOIL1ViSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMIVlISS[ON OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHOR_[ZING AND DIREC-TJNG THE MAYOR AND CITY CLERK TO EXECUTE A OF THE EGRESS TO THEC~EY EFFECTIVE DATE. WHEREAS, the City is the owner of an easement in real propeYo/, pursuant to a.Grant of Easement by .~&3 Ventures. of-Florida to the City of Boynton Beach recorded December 11, 1990, in ORB 6667, Page 114, of the Public Recordsof Palm Beach County; and WHEREAS, staff has reviewed a request from grantees attorney for termination of said Easement, and is in agreement that this Easement no longer serves any useful purpose to the City; NOW, THEREFORE, BE I'T RESOLVED BY THE CITY COMMISSION OF r'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commissio~ of the City of Boynton Beach, Florida does ]ereby authorize and direct the Mtayor and City Clerk to execute a Termination of Easement, which is attached hereto as Exhibit "A" and made a part hereof. Section2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of October, 2000 CZTY OF BOYNTON BEACH, FLOR[DA Mayor Vice Mayor Mayor Pro Tern CiL-y Clerk Commissioner Commis~oner ?~? South Fia&kr SuaVe 300. £~.~ Tuwer Wc.~ Palm Bc, a~, FI. TElhM1NATION OF EA q~NT This Termination of Eascmem is made this ,; .d~,,~ of ,2000, by thc CITY OF BOYNTON-BEACH, FLORID~ty' 3, hiiving an 'address of East Bolmton Beach Boulevard, Boymoa Beach, Florida 33425. A. Thc City is the Owner of, EaSement b~ 1990, County, Florida (the "Easement"). 11, B. The City hac agreed zo terminate the Easement m accordance with the terms and conditions set forth I~erein. Terms of Termination NOW, THEREFOILE, in consideration of Ten Dollars ($10~00) arid other valuable ~nsid,.era~on, thf Ci~ty hereby decl'.'~es that the Easement is hereby terminated and coramgiy, is otno mrther force or effect. IN WITNESS WHEREOF, the City has executed this TcmainaUon of Easement on the day and year £h'~ above written. Signed, sealed and delivered in the presence o~ Print: Pnnt: City of Boymon Beach Florida By: Name: Title: STATE OF FLORIDA ) ] ss. COLYNTY OF PALM BEACH ) The foregoing mstmmem was acknowledged before mc This day of 2000 by as of t~ City of Boo,on Be~ch, Flond~ Thc ~ove-n~ed individ~ is ~so~ly ~ to me ~ has produced ~ ide~ification. (No~x~al Seal) Prim Name: NOTARY PUBLIC - STATE FLORIDA My commis~mn expireS: Requested Cit3 Comrmssmn Meeting Dates [] July 18.2000 [] August 1. 2000 [] August 15, 2000 [] September 6~ 2000 NATURE OF AGENDA ITEM VII-PUBLIC HEARING ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission in to Citr Clerk's Office Meeting Dates July 6, 2000 (5:00 p.m, [] September 19. 2000 July I9,2000 (5:00p,m.) [] October4, 2000 August 2, 2000 (5:00 p.m.) [] October 17~ 2000 August 16, 2000 (5:00 p.m.) [] November 8. 2000 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned ~n to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00p.m.) October 5, 2000 (5:00 p.r~) October I8, 2000 (5:00 p.rr[) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place the request below on the October 17, 2000 City Commission Agenda under Public Heating. t'he Planning and Development Board with a ananimous vote, recommended that the subject request be approved (there are no conditions recommended by staffnor the Ptainng and Development Board). For farther details pertaining to this request see attached Department of Development Memorandum No. PZ 00-287. EXPLANATION: PROJECT NAME: QUANTUM PARK BUSINESS CENTER LOTS 32-38 AGENT: Eugene A. Gerlica, Mock,'Roos & Associates, Inc. OWNER: Gateway Business Park L.C. LOCATION: North of the intersection of Gateway Boulevard and Quantum Boulevard. Lots 32-38 in the Quantum Park PID DESCRIPTION: Request for utility easement abandonment between lots 32 and 33 in the Quantum Park PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE/~ J~r~r ee4~oi:~o-f Development ~ty anager s ~gnamre DirectorofPla ' g)m~Zonmg City Attorney/Finance / Human Resources TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-283 Chairman and Members Planning and Development Board Michael W. Rum~} Planning and Zoning Director Jose R. Alfaro "~ Planner September 25, 2000 Quantum Park Business Center ABAN 00-003 NATURE OF REQUEST Eugene A. Gerlica of Mock. Roos & Associates, Inc., agent for Gateway Business Park L. C.. has filed this application to abandon a utility easement dedicated to the City by the plat of Quantum Park at Boynton Beach P. I. D., Plat No. 3, as recorded in Plat Book 60, Page 29. Public Records of Palm Beach County, Florida. The attached Exhibit "A" shows the location of the applicant's property, and includes a diagram of the specific easement to be abandoned. BACKGROUi'ND Quantum Park Business Center received site plan approval in April, 2000, to develop an office/warehouse complex consisting of three (3) buildings to be constructed on 23.57 acres with a total of 336,050 square feet. As part of the site plan approval process the City Commission imposed among other conditions, that a recorded utility easement between lots 32 and 33:be abandoned to accommodate the construction of building No. 3. Exhibit "B" depicts proposed, building No.3 in relation to the subject easemem. ANALYSIS According to the applicant, the subject easement ss currently not being utilized by any agency and/or city; and is not of interest for future use by any local public or private utility company. Furthermore, the City departments involved in the review of all requests for abandonment, and the utility companies notified of the request are identified belowl Public notice was given to the property owners that abut the easemem and it has been advertised in the newsl~aper. The responses by the utility companies and city departments are as follows: CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection. No objection. No objection. Page 2 Memorandum No. PZ 00-283 ABAN 00-003 PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection. No objection. No objection. No objection. No objection. The following is a description of the zoning districts and land uses of the properties that surround the subject request (see Exhibit "A" - Location Map). North South East West Vacant property zoned PID, Planned Industrial Development. Vacant property zoned PID. Planned Industrial Development. Gateway Boulevard right-of-way. Quantum Boulevard right-of-way. RECOMMENDATION Staff recommends that the subject abandonment request be approved. No conditions of approval are recommended; however, any conditions of approval recommended by the Planning and Development Board or required by the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File ORDINANCE NO. RO0- AN ORDINANCE OF THE C1TY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A UTIL1TY EASEMENT BETWEEN LOTS 32 AND 33 IN THE QUANTUM PARK~ PID; SAID MORE ~ THE MAYOR AND CITY FOR PROVIDZNG THAT THE ) AN EFFECTIVE DATE. WHEREAS; Eugene A. Gerlica of Mock, Roos & Assodates, Inc., agent for Gateway Business Park LC., has re(;uested abandonment of a utility easement dedicated to the City by the plat of Quantum:Park at Boynton Beach P.I.D., Plat No. 3, as recorded in Plat Book 560, Page 29, Public Records of Palm Beach County; and WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREA$~ public hearings have been held before the City's Planning and Zoning Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said utility easement no longer serves any useful purpose. NOW, THEREFORE, BE TT ORDAINED BY THE C?TY COMMISSION OF TH E CI'TY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida by and through its City Commission does hereby abandon a utility easement between lots 32 and 33 in Quantum Park PID, dedicated to the City by the plat of Quantum Park at Boynton Beach P.I.D., Plat No. 3, as recorded in Plat Book 560, Page 29, Public Records of Palm Beach County. The attached Exhibit "A" shows the location of the property, and includes a diagram of the specific easement to be abandoned. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute ancJ deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3. All ordinances or parts 0f ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent urisdiction to be invalid, such decision shal not affect the remainder of this nance. Section 5. This ordinance shall upon passage. FZRST READZNG th~s day of SECOND~ FINAL READING AND PASSAGE this become effective immediately , 2000. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner ATTEST: Commissioner Clerk LOCATION MAP EX I~OT IN 'fY [~ ~ I.I AN T i-I l'~'I pARK:] pin '0 1/8 '0 400 EXHIBIT A LOT 93 / ./ / ~%/~LOT 93 ~ ~ ~ fO _ E. ~ ~P~B Bo. PG. \ PAP~ AT BOYNTON BEACH, P. I .D [P.B. 60. PG. 29-3i P.B.O.R R=688. 70' ~ /--- ~=00' 24' 58' ~ /A=5. 00' LOT 32 P.O.B.-- COP. LOT 32 50. %%, ~ % ~ .%.~' ' t=O0 33 ~%. ?.%-%'~. A=10. 00' LOT 33 ATLANT I C TRACT 0 aO 163 LOT 34-A PREPARED :OR GATENAY BUS NESS mAnK _C. !O' UT Ll~5 EASEMENT VACATJON SEC. i7-45-43. PORT ONS OF LOTS 32 g 33 QUANTUM PAPK IT BOYNTON BEACH o ..D. PLAT NO 3 [PLAT BOOK 60 PAGES 29-3] P.B C.R 2 --~ SKETCH OF DESCRIPTION FOR EASR~NT ABANDONMENT ,w.~pp£,~s ICHECKED: /DLT CARIBBEAN NAPP lNG. I NC. ~ PROJECN 95092 ~ELDBOOk: PG -]SHEET 3 OF ~ DISCLAIMER KNOW ALL'MEN BYTHESE PRESENTS that the City of Boyncon Beach, Florida, a municipal co~oration, under the laws of the State of Florida, does hereby abahdon and disclaim a utility easement between lots 32 and 33 in the Quantum Park PID, dedicated to the City by the plat of Quantum Park at Boynton Beach P I.D, P at, No. 3, as recorded in Plat Book 560,~ Page. 29, Public Records of Palm Beach: CountY. · The attached Exhibi~ ~'A"- shows the location of'the property, and includes a diagram of the spedfic easement to be abandoned. :LN WITNESS WHEREOF, the duly authorized officers of.the City of Boynton Beach, Florida, have hereunto set their handsand affixedthe seal of the City this __ day of October, 2000, ATTEST: CITY OF BOYNTON BEACH, FLORIDA Suzanne Kruse, City Clerk Gerald Broening, Mayor ) )SS: PALM BEACH ) BEFORE 14E, the undersigned authority, personally appeared GERALD BROENING and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned ~herein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. W:ZTNESS my hand and officiaJ seal in the said State and County this day of October, 2000. ~" My Commission Expires: NOTARY PUBLIC, State of Florida MAP EXHI 32'38--. llXl E;ITY '0 1/8 MILE,' 400 EXHIBIT A LOT 93 / / ./ / / / / / / / / / / / / / / / R=888. 70' b=O0' 24' 58' SN COR. LOT 32 OT 93 III ~ TRACT QUANTUM PAR~ AT BOYNTON BEACH. P. I .D. N'3 [P.B. 60. PG. 29-31, P.B.C.R.) ~ :32 LOT 33 / ~ ~ R=~033.50' / %.%? &=00'33'i6 A=tO. 00' N fEY1 SION: SK.~TCH OF ORA~N: BY: PROF£S$10NAL ANO MAPPECIS CHECKED: DLT ATLANTIC CARIBBEAN MAPPING. INC. FIELDW0RKINA 0 80 i60 LOT 34-A PREPAREB FOR GATEHAY BUSINESS PARK L.C. tO' UTILITY EASEMENT VACATION SEC. i7-45-43, PORTIONS OF LOTS 32 ~ 33 QUANTUM PARK AT 80YNTON BEACH, P. .D.,PLAT-NO. 3 [PLAT BOOK 60. PAGES 29-3i. P.B.C.R,) D~SCRIPTION FOR EASF_,M~NT ABAI~DO~ DATE; /CAD FILE: 2-~5-00 ISCALE: 2-t5-00 PROJECT: 96092 PG. SHEET 3 OF 3 Requested Cit2/Comrmssmn Meetin~ Dates -~ July 18, 2000 [] August I, 2000 [] August 15,2000 [] September 6, 2000 VII-PUBLIC HEARING ITEM B CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Dace Final Form Must be Turned in to City Clerk's Office July 6. 2000 5:00 p.m.) Jul3 19, 2000 (5:00 p.m.~ August 2, 2000 [5:00 p.m.~ August 16; 2000 (5:00 p.m.) Requested Cit3 Commismon Meeting Dates [] September 19, 2000 [] October 4, 2000 [] October !% 2000 [] November 8.2v00 Date Final Form Must be Turned in to City Cl~rk's Office September 7. 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m. Octeher 5, 2000 (5:00 p.rm) October 18, 2000 (5:00 p_m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal · [] Bids [] Unfinished Business [] Announcement [] Presentation RECONIMENDATION: Please place the request below on the October 17, 2000 City Commission Agenda under public Hearing, The Planning and Development Board recommended that the subject request be approved, subject to staff comments and the conditions requested by Kris Garrison, Town Manager for the Town of Gulfstream. These conditions included constracting a double-door entry to reduce emitted sound, and regarded on-site security and l/miring the boundary of the conditional use approval to the subject 23;000 square feet. Please note that staff clatified this condition to exclude expansions related to food service only. For further details pertaining to this reques~ see attached Department of Development Memorandum No. PZ 00-292. EXPIu.~NATION: PROJECT NAME: THE GRAND (a.k.a. OZONE) AGENT: Harvey H. McClintock OWNER: Cai Brockdoff LOCATION: Gulf Stream Mall, 3637 S. Federal Highway DESCRIPTION: Request for conditional use approval for a bar/cocktail lounge (nightclub) at the Gulf Stream Mall within 600 feet fi:om a residential zoning district. PROGRAM IN[PACT: N/A FISCAL IMPACT: N/A ~rector of Development City Manager's Signature City Attorney / Finance / Human Resources Dkector 6f Phnn/ng/afld Zoning DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 00-292 TO: Chairman and Members Planning and DevelOpment Board FROM: Michael Ru~¢~ c-- Director of Planning and Zoning DATE: September 27. 2000 SUBJECT: ]-he Grand (a,k.a. Ozone)- COUS 00~0,05 Cor]dition~l Use Apprbga: BadCocktaillLounge Wid~in 600 Feet of a Resident al Zone PROPOSAL;rS~UMMARY Contained herein Is.a description of the subject prejec;L The app cant s requesting,,a cond!,tional use to operate a bar/cockta lounge and entertainment center under the name of 'Ozone The proposed project Will be located in a 22~672 square foot bay n the northWest corner of the Gulfstream Mall. TI use is required for; a bar/cocktail lounge hundred (600) feet of prOperty ying v~ th ~ distance between property existing residential si letter of facility similar to the Sun rise Musical ThE and entertainment field will be showcased ,..". a Winn-Dixie grocery store A conditional use is located within six as measured by direct )roximately 150 feet from an to use the space for venue Florida. Top name acts in the music ,seating will be provided, as is the case with the Sunrise Musical Theatre. Alcoholic beverages will be served, Under the current code the proposed use is classified as a badcookta'i Iou,nge .and s subject to the regulations for that use. The Cty is cur~enty proceSsr]g a code a~ndment to add a specific definition for'"nightclub" to the Land Development Code and p[ovi(]:e for that use to be a conditional use in C-3, C-4 and CBD zoning regardless of the distance from a residential zoning district. A nightclub would be defined as "a restaurant, bar, lounge or simila~ establishment serving alcoholic beverages, that feature dancing, theatrical, cabaret, or simi ar enterta nment and/or electronically amplified music". The OZone Would fall under the categow:of n ghtc ub and as such would still require the conditional use procedure. Applicant/Agent: Cai Brockdorff/Harvey H. McCiintock Project name: The Grand (a.k.a. Ozone) General description: Conditional use approval for bar/cocktail lounge entertainment complex in the Gulfstream Mall Property size: Total Site: 8.303 acres/31,678 square feet The Grand (Ozone) - COUS 00-005 =age 2 Memorandum No. PZ 00-292 Land use: Locat Retail Commercial (LRC) Current Zoning: Community Commercial C-3 Proposed Zoning: Community Commercial C-3 Location: Gulfstream Mall, 3637 S. Federal Highway North of Gulfstream Boulevard between Old Dixie Highway and Federal Highway/US 1. (See Exhibit "A"-Location Map). Building area: 22,672 square foot existing bay (See Exhibit "B"- Proposed Floor Plan). Surrounding land uses/zoning: North - Paint and body shop, zoned C-4 and a self-storage facility, zoned C-3/C-4; South -Gulfstream Boulevard and farther south, a Dunkin Donut shop and an office building, zoned C-3; East - U.S. 1 and farther east, vacant property in the Town of Gulfstream, zoned Outdoor Recreation - OR; West - Old Dixie Highway right-of-way, F.E.C. railroad tracks and farther west unincorporated vacant land zoned RS - Residential Single-Family. 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 each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses 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 have been made concerning the following standards, where applicable: The Grand (Ozone) -~ COUS 00-005 Page 3 Memorandum No. PZ 00-292 Ingress and egress to the subject property and proposed structures thereon, with partioular reference to automobile and pedestrian safety a nd convenience, traffic flow and control, and access ~n case of fire or catastrophe, Adequate access exists on site. The Gulfstream Mall has a. ccess from: Federal Highway, two driveways~ Gulfstream Boulevard, 'two driveways and Old Dixie Highwa¢/, o~e driveway that provides access to the back o£ fha marl b~lldings along the north and west sides of the property. Off~street parking and, lead'i~g a.reas where, re,qu red, ~th: p~rt cutar attentior~ to the i,tems in subsection I ~bove; a~ad ~e e~r~O~iO,, ea~-e, r~ise:¢: ~,;r~ o'dot~ effects the conditier~ai uSe~wili' have On ,adjacent an(i,nearby ~rdpe~Jes.' and ~he C ~v as a WIno e~ Required parking space for ever~ for shopping center currently one (~) parking space pertwo ~ is calculated at one · is intended ~o be an fobtage ~or the Gulfstream of, 372 packing spaces. The shopping ~81 spaces are is required to have seats, but not tess than-one (1) space per one hundred (fO0) square feet or gross floor area. Using tha$ methodology the ~roposed use requires a to~a! Of 227 sP~ces. The space that OzOne will Occupy ~vas a 22, 672square fo~t Winn'Dixie grocery ~tore. .That use required: o~e space fo~ e~ery 200 square feet consistent with a shopping center calculation. The parking required for Ozone plus the parking required for the ,balance of the square, footage in the shopping center adds up to 484 Spaces. This number is 44 spaces more than currently available in the shopping center. This proposed entertainment establishment would operate after 7:00 PM. Valet parking is proposed to be provided for the patrons. Most of the businesses in the mall, operate during regular business:hours between 8:00 At~ and 6:00PM except for two small restaurants, which are opep until fO:O0 PM and a dinner theatre ,that operates in the evening one day a week. Staff conducted a field check of the Gulfstream Mall on two occasions during the hours of noon and 1:30PM observing that the parking lot was approximately 15 percent occupied. Given that the Ozone will opet:ate in the evening when other business are closed, and the observed under utilization of the existing Psarking spaces, there should be enough parking available to accommodate the 227 paces theoretically required for this entertainment establishment, Refuse and service areas, with partJcula~reference to the items in subsection 1 and 2 above. The Grand (Ozone) - COUS 00-005 ~age 4 Memorandum No. PZ 00-292 Refuse containers will be provided by the city, and waste will be removed on the standard schedule established forthe Gulfstream Mall shoppzng cente~ 4. Utilities, with reference to locations, availability, an(~ compatibility. The Utility Department has indicated that utility sen/ices are available for this new tenant use. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. No new site improvements are required fora change of use in the shopping center. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The shopping center parking lot contains lighting. No new lighting is proposed. No new signs have been submitted with this conditional use application. A waft s~gn exists on the building located over the entrance and advertises ~The Grand" a former proposed project. New signage for this tenant must meet code and be compatible with the other signage in the shopping center. A building permit is required for site signage. Required setbacks and other open spaces. The proposed use does not affect setbacks or open space requirements. General compatibility with adjacent property and other property in the zomng district. The proposed facility, in its current condition, is not compatible with the rest of the shopping center. The front of the bay is painted a deep blue and the west wall, visible omy from Old Dixie Highway, was painted deep red during recent renovations. This was done by the applicant prior to realizing the need for conditional use approval. The residential development is located in this area to the northwest of the site. The Gulfstream Shopping Center has an established color scheme of peach with aqua accents. The only deviation from this is the facade of the dinner theatre that is painted as a mural. This mural is located on the waft under the walkway canopy and uses colors that blend into the general color scheme. The balance of the bay front matches the rest of the shopping center. Staff recommends that the applicant revise the color scheme to be compatible with the established colors for the shopping center. Height of building and structures, with reference to corn patibility and harmony to adjacent and nearby properties, and the city as a whole. The Gulfstream Marl is an existing building that meets the code requirements for the C-3 Commercial zoning district. The Grand (Ozone) - COUS 00-005 Page 5 Memorandum No. PZ 00-292 10. Economic effectson adjacent and nearby properties~ ,and the citY asa whole. space in the ,, project will have a The two restaurants in ancnor tenant for the .leasable Ozone Gulfs¢ream. Mall. impacts are I 11. Con[ormance To:the standards and requirements that apply tO.site:plans, as set forth in City bf Beynt0n Beach Land DeveloP~en~ Regu;lations,'(~a;pter 4 S ie P an Review With incorporation of, staff comments,~ the proposed project will comply with all rec~uirements of,,applicable SeCtiOns 8f bity code 12. Compliance with, and abatement of nuisances and hazards iR accordance with the performance standar'ds:within Section 4 of the zoni;ng regulations; also, C0nformance to the City of Boynton Beach Noise Control Ordinance With incorporation of all conditions contained herein, the use would operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Staff recommends approval of this conditional use subject to the comments listed in Exhibit C - Conditions of Approval. On OCtober 3, 2000, staff received a letter from the City Manager for the Town of Gulf Stream indicating [hat they do not support another nightclub establishment in the Gulf Stream Mall. However, if the City of Boynton Beach approves such a use the Town of Gulf Stream is requesting ~hat certain conditions be added to the Conditional Use approval. The letter is included as Exhibit D of this report. Staff views the comments as reasonable and would support the Planning and Development Board adding them to the Conditions of Approval for this project. Staff notes that the proposed large nightclub use is new to the City of Boynton Beach and that the actual impacts, both positive and negative, will not be known until after the subject use has established itself and the magnitude of patronage ~s 'ealized. Most negative impacts will be controlled with proper police enforcement. Although this use may form the basis of [urther code amendments, the subject property and location should be appropnate for the proposed nightclub. The Grand (Ozone) - COUS 00-005 Page 6 Memorandum No. PZ 00-292 Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses. a time imit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. As long as 25% or more of the total cost of the improvements are completed within one (1) year. this condition is met. MR, bw Attachments \\CH\MAJN\SHRDATA\Planning\SHARED\WP\PROJECTS\The Grand\Staff ReDont-The Grand COUS 00-005.doc LOCATION MAP THE GRAND (a.k.a. OZONE) EXHIBIT "A" / -i[ ':0 1/S L___, O 4.00. 800 FEET BOUNDAtY SURVEY VIC/N/7'Y MAt~ ~V. '~' 5'. EXHIBIT "B" Conditions of Approval Project name: The Grand (a.k.a. OZONE) File number: COUS 00~005 Re~erence: 1~ revi~lans;ideiiti~ed~asC~ndifion~Us~Si~ePlan. File#~.OUS 00~005~W/th a. Sep~ember~}4, 2000 PI~ aii~ Zohin~ l~parmm~date ~tamg aiar~;~: ' ~ . DEPARTMENTS INCLUDE RI}JECT Camm~ms NONE mrrms Comments: 1. · The Utility Department has no objectim3 to the proposeal,change of use !n X the Gulfs~eam Plaza~Fontana Plaza Ltd.) for the above notedproject. Utihly services ere available to the tenant change. If the water meter is seperate for this tenant unit, a capacity reservation fee will be required, bd~ed UPofi final meter size, or expected demand. FIRE Comments: 2. please provide detailed description of use to include interior changes to X accommodate the new use. 3. If the possibility of iacreasing the occupant load is desired, describe how X this increase could be approved. POLICE Comments: 4. A re~iew of the interior layou~ (i.e., exits, storage rooms, etc.) w/ll occur at X penmt stage. 5. Show valet parking erea and si~nage~ X ENGINEERING DIVISION Comments: 6. Valet perking requires an application for an occupational license processed X through the Deparmaent of Development. Include a sketch w~th your application to show the drop-off and pick-up erea(s) not being located in the existing fire lane. BUILDING DIVISION Page 2 of 3 The Grand (a.k.a. OZONE) COUS 00-005 DEPARTMENTS INCLUDE REJECT Comments: 7. At time ofperrnit review, submit a current survey of the subject site. X 8. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 9. At time of permit review, specify (in tabular form) on the site plan and/or X floor plan the proposed use of the facility, type of constmetion and occupancy classification proposed for the tenant space. 'The tenant building area, occupancy classification and type of construction shall comply with the specifications identified in the 1997 edition of the Standard Building Code, including the City of Boynton Beact{ amendments to the Standard Building Code, Working drawings of the building shall comply with the codes specified in Chapter 20 of the Land Development Regulations. 10. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, Fire and Life Safety fees, County fees and State fees will be determined at time of pram'fit review. 11. Permits are required to construct the improvements that are proposed for the X tenant space. Permit application fOrmS are available in the Building Division of the Development department. A permit submitted checklist is available in the Building Division. The list identifies the basic documents that the Plan Review Analyst/Permit Application Technician checks for when an applicant submits for permit review. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 12. Building fagade (front and west side walls) must be painted in colors X compatible with the established color scheme for the shopping center. Provide proposed color chips for staff review prior to project completion. (Ch.9 Sec. 11) 13. Temmt wall sign must be in conformance with Chapter 21 - Signs and be X consistent with si~e signage for the shopping center. A separate sign permit is required for the wall sign. 14. All 440 parking spaces in the shopping center should be properly striped. X Page 3 of 3 The Grand La:k.a. OZONE) COUS 00-005 DEPAp~.TMENT$ , INCLUDE p~JE .CT Restnpe.Ihe rema~m!~g 5 ~ spa~es,~ (,~k 23,,Ag.H, L.) ~DITION~ P~G ~ DEvELoP~ BO~ CO~I~I~NS 15. ~e bulldog sMH be desired M~ ~un{¢r0ofing meaSles ~nchdmg, at a X ~n~um, the addition of a double se1 of dogrs at each en~ce to th~ ' ~sUblis~ent. ~e ~aors,s~U:b~ k~ 91~.at ali tiw~ to ~n~a~, ~ons,m ~h~ ~he~hn~d¢~ficm~,. ~ . ~ , : : . 16. ~-site ~fo~ed ~ t0 ~ol,~e p~ng areas a~4tp~et~r of the . X site shalI be pro~ded at the at)~e[o~er'~ ~ip~nse d~ng all hou~ 6f operation. ~erevevpossible, ~ifo~ed off-d~ detail ~°~ton.o~ers will be used. 17. ~e approval is limited ~0'~e foo~mt~oi ~e c~ent 23,000 ~e f~of X lease space. ~y exp~sion ~ ~ea o[~m o~ bays to ~l~ge the ~ nightclub, will require a new cond~fi~al.use request ~d a~ro~l. Exp~sions to provide [or ~ce if food only ~ excluded kom this condition. ~DITION~ CITY CO~ISSION CO~I~oNS · 18. To be detained. MWR/dim DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF E, OYNTON BEACH, FLORIDA PROJECT NAME: THE GRAND (A.K.A OZONE) APPLICANT'S AGENT: Cai Brockdorff APPLICANT'S ADDRESS: 5520 Pennington Avenue. Baltimore, MD 21226 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 17, 2000 TYPE OF RELIEF SOUGHT: Conditional Use LOCATION OF PROPERTY: 3637 S. Federal Highway, Boynton Beach, Florida 33435 DRAWING(S): SEE EXHIBIT "B" A'I-I'ACHED 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 Commissior 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. 6. Ail' further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk EXHIBIT "D" TOWN OF GULF STREAM PALM BEACH COUNTY. FLORIDA October 3, 2000 City of Boynton Beach Plann~ng and Zom:i,e l).v/sion Attn Mike Rumt~f 10~ E. Boyn[on ~each 21vd P,O. Box Boynton Beach, FL 33425 Re: Cond tmna Use Request roi J6~,7 S, r~.dcmI DearMr. Rmnvf: Thank you tbr the time 5'ou ha~,e spent answenng otk£ uucstions about thc rcfereuced application. Your responsiveness and %nowledge have been great:5' ;ippreciaed. The Town of Gulf Stream's boundarie,s include the Place Au Solet: subdivision, a single- faro27 wate~ront neighborhood that is located directly across Federal High. way ilom the proposed bar; mter:airamem e,s:ablisb-ment, w?.ile Federal HighwKv aces provide some physical separation, the Town of GulfStream does not suppe~ another t:ig'ntclub establishment in the GulfStream b, init due to its proximIb to a residential community. if the City of Boynton Beach approves this application, signifie,a.rii measures should be taken to mitigate annc~pated sound and security impacts on this quie~ cowamm:ty of 94 homes. In order to temper the problems exyerienced by Town residents when a prewou.~ night club estahlis~uent was operating at this location, the Town of Gulf Stream respcctfutly reque,sts that the following reqnlT~',ett,.'s be made cond[:;,ons of theCor~itio.r, al Use approval: The building shall be designed wifl~ soundproofix:g measures inchvEing, at a minimum, the ad6ition cfa douole se*. of doors at each entrance to ;he establishment The doors shall be kept closed at all times ro ensure flint sounds are buffered as pan'one m~ess and egress. Any "Bom:rets" located ar :he enrryways stm] ensure that 6cors are not held epen by wot:ins patrcns or while checking identi fica:on On-sire uniformed secufihv to patrol the park-lng areas ~md perimeter of tl-.c s:tc shall be provided at the at the owner's expense d~in -~ ail hours of ooe~a~aon. Whet:ever possible, uniibrmed off-dnr~ detail Boynton of~cers wil! be us~ei. 100 SEA ROAD. GULF STREAM, FLCRIDA 33483 8810 EXHIBIT "D" The approval ia limited to the ~ooronnt o: the cu~enr 23,000 S.F. 'tease space .-5.,n5~ expansion in area or Jato other ~ays will require a new cond~t~ona! use toques; ant approval We thorn'.< yott in advance tbr ? 3t.r City's eff;ot'ts to protect our residents from adverse ~mpacrs. Please call me i~'you need additional information or if yo'a have any q*z~:stlons. Town Manager CC: Town Commission Town Attorney XI-LEGAL ITEM B.! CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meetine Dates [] July 18.2000 ] AugUSt 1. 2000 ] August 15. 2000 [] September 6. 2000 Date Final Form Must be Turned in to City Clerk's Office July 6. 2000 (5:00 I~.m.) July 19. 2000 (5:00 p.m.~ AugUst 2. 2000 (5:00 p.m.} August 16.2000 (5:00p.m.~ Requested Cit3 Commission Meetin~ Dates --~ September 19. 2000 ] October4. 2000 [] October 17.2000 [] November 8. 2000 Date Final Form Must be Turned in to Ciw Clerk's Office September 7. 2000 (5:00 p.m. September 20. 2000 (5:00 p.m. October 5- 2000/5:00 p.m.) October 18. 2000 (5:00 p.m.~ NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Formal adoption of the expanded CIL4. board and boundaw area.as recommended in Vision 20/20, with the addition of the area bounded by Ocean Avenue. Seacrest Boulevard. S.E. 2nd Avenue and S.E. 3rd Street EXPLANATION: The City's Community Redevelopment Agency (CRA) was established in 1981. In May of 1982 the original Community Redevelopment Area (CRA) was created. This area generally encompassed the Central Business District. To expand the redevelopment efforts to the residential area generally west of the FEC railroad and north of Ocean Avenue, the boundaries of the CP,-& were enlarged in 1987, and again in 1998, to include the Federal Highway Corridor recommended by Vision 20/20. Adoption of this ordinance will formalize the expansion recommended within the Vision 20/20 Redevelopment Plan including the Town Square ama, as well as formalizing the expanded CRA board to include two civilian members. PROGRAM IMPACT: These actions are expected to spur redevelopment efforts and increase the financial resources available to address public and private project implementation. FISCAL IMPACT: Increased Tax Increment Financing (TIF) and redevelopment opportunities for the City. ALTERNATIVES: Retain current bo,9~a/y area and b.oard membership. /..MSe~ tte~td s S~g-nature Director of Development Department Name City Manager's Signature City Attome3{]/ ~affce / Human Resourc S:\BULLETflq\FORMS~AGENDA ITEM REQUEST FORM. DOC Requested City Commission Meet/ag Dates ~' July 18, 2000 [] August 1,2000 [] August I5, 2000 []_ September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Forrn Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p.rm; July 19, 2000 (5:00 p.m.) August 2, 2000 5:00 p.m./ August 16, 2000 (5:00p.rr~) Requested City Commission Meeting Dates [] September 19. 2000 [] October 4,2000 [] OctoberlT. 2000 [] November 8. 2000 XI. LEGAL D. 1. o,, Date Final Form Must be Turned in re City Clerk's Office September 7, 2000 (5:00 p.m., September 20, 2000 5:00 p.m~ October 5, 2000 ~5:00 p.m October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Un£mished Business [] Announcement [] Presentation REC[O1VIMENDATION: The Code Compliance Board recommends reducing the fine in Case #96-5573 fr $21,~825.00 plus $730.15 in administrative costs, to $2 000 00 ~"-~ ,~2 ...... ' om -~ . , · p~u~ fac aumlnls£ratlve costs. The motion to a rove the reuuction passed unanimously. PP EXPLANATION: The property subject to this lien is a single-faint rental re ' * 1992~ the applicant has received 15 violation n,~r~ '- ..... Y p perry. Since taking ownership in ........ wi[il ~ oi [nose cases requiring an appearance before the Code rCe;;noPnl}~;; ~°o;;d' anT~;~ePplicant testified she had not .complied in a timely manner because her tenants were p p e, had been in poor health durmg much of the time. nor PROGRANI IMPACT: Currently, the property is in compliance. It is anticipated the applicant will be selling the property, and therefore, would probably require less attention from the Code Compliance Division. FISCAL IMPACT: The City recovers it's administrative costs, plus an additional $2.000.00. ALTERNATIVES: Modify the Board's decision, not to exceed $21,825.00 plus the $730.15 in administrative costs · Department I-lead's Signature Cffy Manager's Signature Department Name City Attorney / Finmace / Human Resources S :~B ULLETIN~o RMS~AGENDA ITEM REQUEST FORM.DOC Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2000 this Board impose and certify no fine or administrative costs. Motion secon~ded by Mr. Walsh. Motion carried 6-1 (Mr. Foot dissenting). CERTIFICATION OF FINE Case ff~)0-1083 Rigel & Nigel Kowlassar 2888 S. Seacrest Blvd. Inspector Roy stated the notice of violation was dated May 2, 2000 for violation of the Community Appearance Code and Zoning Uses Permitted. The respondent did appear at the July 19; 2000 Code Compliance Board headng. A compliance date of August 14, 2000 was set or be fined $25.00 per day. Some of the violations complied'today and the only violation remaining is the grass. InSpector Melillo presented photographs of the property to the Board. Mr. Nigel Kowlessar, 2888 S. Seacrest Boulevard, Boynton Beach took the podiurn. Chairman DelJso asked the resP°nd~twhen he thought he could bdng the property into compliance. The msi~ondent stated that he put grass seed down. Chairman DeLiso explained to the respondent that the fine was running and he stated he was not aware of this. He further stated that he was unaware of tonight'S hearing until I;nspector Roy came out to his house Inspector Roy said that the gras~ Would never grOw beCause the resPOndent parks h s veh c es on the grass and~that the yard n~eds sOd. ~ Motion Mr. Midana moved 'that Case ~00-1083 be tabled until the Code Compliance Board Meeting to be held 'On '-October 18, 2000, Motion seCOnded ~y Ms. Williams and carried 7-0, Case g96-5573 Eslett Ruiz 7486 Coconut DHve Lake Worth, FL 33467 2131 NW 1~t Street Mr. Blasie stated that the property is now in compliance. Mr. Blasie presented before and after photographs to the Board. This case was on the agenda last month, but there was one remaining issue, which was an unsecured swimming pool. This has now complied. The property is rental property and was originally cited on December 16, 1996 for violat[on of the Community Appearance Code. No one appeared at the February 29, 1997 Code Compliance Board headng. A compliance date of March 18, 1997 was set or be fined $25.00 per day. The property came into compliance on August 10, 1999 for 873 days of non- 12 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2000 compl.iance and a fine of $21,825 plus administrative costs of $730.15. The records indicate that the respondent has owned the property since November 1992 and has been cited 15 times, four notices to appear were sent, three cases actually came before the Board, and the lien reduction tonight. The Recording Secretary administered the oath to the respondent. Ms. Eslett Ruiz, 7486 Coconut DHve, Lake Worth 33427 took the podium. Chairman DeLiso asked the respondent why it took her 873 days for compliance. She stated she was sick and had to do the work in stages. The respondent further stated that people kept going over the grass and dpping it up. Chain'nan DeLiso asked Ms. Ruiz if she was selling the house and she stated yes, Chairman DeLiso requested to see the contract for the sale, which she produced, The respondent requested to be assessed only administrative costs beCause she installed a new roof, fixed the pool, installed landscaping and the driveway. She stated that the City tore up her ddveway when they replaced the water meter, which was loCated in ddveway~ Ms. Ruiz said the property was located next to a large lot and she had been cited several times for the trash being dumped on this lot. Mr. Ruiz said she did not own this lot and that most of the violations pertained to this lot. Mr. Foot suggested that the fine be reduced to $2,200 to include administrative costs. Mr. Walsh questioned the validity of the sale contract, which called for a closing date on or before August 30th. The respondent stated she couldn't close beCause of the lien on the property. Motiorl Based on the testimony and evidence presented in Case No. 96-5573 and having 0een advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Lambert move¢ that this Board recommend to the City Commission that the fine instituted in Case No. 96-5573 by virtue of this Board's Order of February 19, 1997 be reduced to $2,000 plus administrative costs in the amount of $730.15. Motion seconded by Mr. Foot. Motion Carried 7-0. Case ~97-4210 Jon& Leslie Schmitt 5321 Bolero Circle Delray Beach, FL 33484 531 NW 8th Avenue Mr. Blasie presented photographs of the property for the Board to review. Mr. Blasie stated the property was originally cited on November 19, 1997 for 13 Requested City Corca-mssmn Meeting Dates [] July 18. 2000 ] August 1, 2000 [] AugUst 15, 2000 [] September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Officq July 6, 2000 rS:00p.ra.) July 19, 2000 15:00 p.rm) August 2, 2000 (5:00 p.rm~ AugUst 16, 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19. 2000 [] October4. 2000 [] October 17.2000 [] November §. 2000 X -LEGAL ITEM D.l,b Date Final Form Must be Turned in to CiW Clerk's Office SepTember 7. 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.~ October 5, 2000 (5:00 p.m.I October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Admirdslxative [] Development Plans [] Consent Agaada -"1 New Business [] Public Heahng [] Legal [] Bids [] Urffinished Business [] Annotmcement [] Presentation RECOMMENDATION: The Code Compliance Board recom~_ ends reducing th.e ~ne in. Case ~98~.064, fr~.om to $35,600.00, plus $634.12 in administrative costs, to $2,500 in addition to the adnumstrative costs, lne mm~on approve the reduction passed unanimously. EXPLANATION: The property subject to this lien is a single-family property. The applicant purchased this property in a dilapidated condition, including extensive fire damage. The applicant stated ~he spent between $45.000.00 and $50.000.00 in making repairs, which included an addition onto the structure. Currently, he is attempting to obtain a mortgage because he is out of funds, and plans on living in the house. PROGRAM IMPACT: Currently, the property is in compliance, and the work done by the applicant has helped eliminate a blighted property in an area that needs this type of rehabilitation. FISCAL IMPACT: The City recovers its administrative costs, plus an additional $2,500.00. ALTERNATIVES: Modify the Board's decision, not to exceed $35,600.00 gins the $634.12 in administrative costs. S Signature Departmenl 'ga Department Name City Attorney Finance / lturmm Resouxces S:\BULLETIIx~FORMSXAGENDA ITEM REQUEST FORM.DOC Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2000 letter process was obtained. stated that service of process n this case. was : in here and state they did not receive a ;~reen card, it is presumed that service of Motion Based on the testimony and evidence presented in Case No. 97-4210 and having been advised that t~e Respondents have complied with a I lien reduct on proce~lures set forth in SectiOnS 2~84' through 2~89 of the.City °f Boynton Beach Code of Ordinances, Ms. Williams moved that this Board recommend to the City Commission that the fine. instituted in;,Case No. 97-4210,by virtue of this Board's Order of January 21~ 1998 be reduced to $634.12 in administrative costs. Motion seconded by Mr. Foot. Motion carried 4-3 (Chairman DeLiso, Walsh, Zibelli dissenting). Case ~J8-2064 Michael Morgan 3255 E. Palm Drive 828 S.E Street Lake Worth, FL 33460 Mr. Blasie presented photographs of the property that were taken today to the Board. Mr. Blasie pointed out that the-violations were too numerous to list and are contained on the agenda. The case first came before the Board on July 15, 1998 and no one appeared. A compliance date of July 25, 1998 was set or be fined $50.00 per day. The property complied on July 7, 2000 for 712 days of non-complian~.e and a fine Of $35.600 plus administrative costs of $634.12. Service was obtained by posting. Mr. Michael Morgan informed the Board that he did obtain a permit and thought that he was in COmpliance~ He informed the Board that he purchased a run-down property. He has done a great deal =f W°rk to the house and it is basically now a new house. Because he hurt his back and couldn't complete the outside of the house, it took him another year to comp eta the property. The respondent stated he is now trying to get a mortgage. Chairman DeLiso asked the respondent how much it cost him for the repa rs to the property and he stated bet~vean $45,000 to $50,000. He stated that the propert~ he p~rchased had a fire and was a former crack house. Motion Based on the testimony and evidence presented in Case No. 98-2064 and having been advised that the Respondent has complied with all lien reduction 15 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 20, 2000 procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code Of Ordinances, Ms. Williams moved that this Board recommend to the City CommissiOn that the fine nstituted n Case No 98-2064 bv v rtua of thi~ Rn=~I'Q Order of July 1~, 199~ be reduced to $2500 plus admnistrative costs n the amount 0f $~34;~12. M0ton seCOnded by Mr. Lar~bert. Motion carried 7-0. RECESS:WAS DECLARED AT 9:10 P.M. THE MEETING RECONVENED AT 9:20 P.M Case ~)0~,84 property Address: Violations: Francis Leichman Corp. 2481 NW 1~t Street Chapter 15, Article IX,15-120 (E) 2B; Roof is deteHoreting; please replace roof. Inspector Cain stated the property was cited on March 8, 2000. The City reCOmmends 30 days. Motion Based on the testimony and evidence presented in Case No. 00-484, Mr. Lambert moved that this Board find, as a matter of fact, and as a COnclusion of law that Francis Leichman Corp. is in violation of Code Sections Chapter 15, Article IX-15-120 (E)2B of the City Code of Ordinances. Mr. Lambert moved to order that the respondent COrrect the violations on or before October 16, 2000. If the Respondent does not comply with this Order, a fine in the amount of $25.00 per day, plus administrative costs shall be mposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division to arrange for reinspecfion of the property to verify compliance with this Order. Motion seconded by Mr. Midana and carded 7-0. ~ Case ~00-1554 Property Address: Violations: Raymond & Linda Murphy-TOrres 2121 NE lS~ Street Chapter 15, Article IX-15-120 (B).I and 120(D) 1.D; Please install grass in yard and swale where bare spots OCCU~ Inspector Melillo stated the case was originally cited on June 28, 2000. The City recommends 30 days. 16 Requested City Comm~ssmn Meeting Dates July 18, 2000 [] August I 2000 [] August 15, 2000 ] September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office July 6, 2000 (5:00 p.m , July 19, 2000 (5:0Op.m.) August:2. 2000 (5:00 p.m.) Augusl 16.2000 (5:00 p.m.) Requested City Commmssion Meeting Dates ] September 19, 2000 [] October 4. 2000 October 17. 2000 [] November 8. 2000 XI-LEGAL ITEM D.I.c Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5. 2000 (5:00 p.m.~ October 18,2000 (5:00 p.m. NATURE OF AGENDA ITEM [] Adraini~trative [-- Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids --[ UnfmishedBusiness [] Announcemem [] Presentation RECOMMENDATION: The Code Compliance Board recommends reducing the fine in Ca~e g974210, from . $22,575.00, plus $634.12 in administrative costs, to the administrative costs. The motion to approve the reductmn passed 4-3, with Chairman DeLiso, Walsh, and ZibeHi dissenting. EXPLANATION: The property subject to this lien is a single-fantily rental property. The .Board's reduction of this lien focused on the relatively minor nature of the violation that created the lien, and the clair~ by the applicant of not receiving proper notice. The applicant owns property outside the City that is being sold to an adjoining business owner for expansion of their business. Because our lien attaches to all property owned by the applicant, the sale of the property to the adjoining business is being held up. PROGRAM IIVIP)~CT: Currently, the property is in compliance. FISCAL I3/IPACTi The~City recovers its administrative costs. ALTE TIVES,~ Modify the Board's derision, not to exceed $22,575.00 plus the $634.12 in administrative costs. - ' Signature Department Head s Signature City Attorney Finance Human Resources S :~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Meeting Minutes Cods Compliance Board Boynton Beach, Florida Sep~=,,ber 20, 2000 compliance and a fine of $21,825 plus administrative costs of $730.15. The Eslett Chairman for compliance. She produced. and she stated sale. which she fistretive~ costs Ms. Ru~ several own thislotandthatr had been cited Ruiz said she did hot lot. costs. IV closing date on or I because of the lien On,'the property. -admin strative which called~ for a dn't close Motion Based on the testimony and evidence presented in Case No. 96-5573 and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Lambert moved that this Board recommend to the City Commission that the fine instituted in Case No. 96-~73 by.v rtue of this Board's Ordei'of February 19, 1997 be reduced to $2.000 plus administrative costs in the amount of $730.15. Motion seconded by Mr. Foot. Motion carried 7-0. Case~97-4210 Jon& Leslie Schmitt 5321-Bolero Circle Delray Beach, FL 33484 531NW8th Avenue Mr. Blasie presented photographs of the property for the Board to review. Mr. Blasie stated the property was originally cited on November 19, 1997 for 13 Meeting Minutes Code Compliance Board Boynton Be. ach, Florida September. 20, 2000 Assistant City Attorney Igwe stated that service of process in this case was obtained, because anyone could walk in here and smta they did not receive a letter, but when someone signs that green card, it is presumed that service of process was obtained. Motion Based on the testimony and evidence presented in Case No. 97-4210 and having been advised that the Respondents have complied with all I'en reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach COde of Ordinances, Ms..Williams moved that this Board recommend to the City CommisSion that the fine instituted n Case No. 974210 by virtue of this Board's Order of January 21, 1998 be reduced to $634.12 in administrative costs. Motion seconded by Mr. FOOt. Motion carried 4-3 (Chairman DeLiso, Walsh, Zibelli dissenting). Case ~98-2064 Michael Morgan 3255 E. Palm Drive 828 S. E Street Lake Worth, FL 33460 Mr, Blasie presented photographs of the property that were taken today to the Board. Mr. Blasie pointed out that the violations were too numerous to list and are contained on the agenda. The case first came before the Board on July 15, 1998 and no one appeared. A compliance date of July 25, 1998 was set or be fined $50.00 per day. The property complied on July 7, 2000 for 712 days of non-compliance and a fine of $35,600 plus administrative costs of $634.12. Service was obtained by posting. Mr. Michael Morgan informed the Board that he did obtain a permit and thought that he was in compliance. He informed the Board that he purchased a mn-down property. He has done a great deal of work to the house and it is basically now a new house. Because he hurt his back and couldn't complete the outside of the house, it tOOk him another year to complete the property. The respondent stated he is now trying to get a mortgage. Chairman DeLiso asked the respondent how much it cost him for the reoairs to the property and he stated between $45,000 to $50,000. He stated that the property he purchased had a fire and was a former crack house. Motion Based on the testimony and evidence presented in Case No. 98-2064 and having been advised that the Respondent has complied with all lien reduction 15 Requested City Commission Meefine Dar~ [] July 18,2000 ] August I, 2000 [] Augus[ 15. 2000 [] September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ~ to City CIerk's OfficE July 6, 2000 (5:00 p.m., July 19, 2000 5:00 p.m.] August 2, 2000 (5:00 P.m0 August 16, 2000 (5:00 p.m.) Requested City Commission ~Meetine Darer,s [] September 19. 2000 [] October 4, 2000 [] October I7. 2000 [] Novembec 8, 2000 XI. Date Final Forrr Must be Turned in ro City Clerk's Officg September 7. 2000 (5:00 p.m. September 20, 2000/5:00 p.md October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00 p.m. LEGAL D. 2 NATURE OF AGENDAITEM [] Adm/nisrranve [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation .Gladvs Perez v. City of Bovnton Bea(.h PLAINTIFF COUNSEL: William H. Pincus, Esq., Hicks Brams & Scher DEFENSE COUNSEL: Michael Burke, Esq., Johnson Anselmo Murdoch Burke & George P.A. (NOTE: Defense Counsel is assigned by the Risk Management Department from the Florida League of Cities/Florida Municipal Insurance Trust list of approved eounseLj amountRECOMMENDATION:of$37,500. Approve the negotiated settlement with plaintiff. Case number CL 99-3562-AF-Brown, in the EXPLANATION: The plaintiff suffered property damage during a sewer system backup at her residence. The City responded and ,-erfo~ v w,u~u system matmenance to relieve the blocka~e. The pla/ntiff sustained damages which were recovered from her hnmeowners insurance policy in the mount of $34,0-00. The insurance company maintained subrogation rights to any settlement or judgement moneys secured in this litigation. Plaintiff incurred alleged fixed damages in the amount of $49~124. Pla/ntiff's initial demand at mediation was $94,120. Settlemeur was agreed to ar a court ordered mediation, contingent upon City Commission approval. It is noted that the negotiated settlement includes resolution of any claLm by the homeowners insurance company, against the City, by the plaintiff. PROGRAM IMPACT: Settlement of tiffs nature is part of the ongoing responsibilities of the Risk Management Dept. FISCAL IMPACT: Settlemens will be · charged to the Risk Management Department budget expenses. ALTERNATIVES: Failure to approve settlement will result claim being litigated. at $75'00~efense trial legal c°sts are estimated a~l i'00D~'p~r(nent Head's Signature $2 0. ~sVaine of this case at trial is estimated _ RISK MANAGEMENT Cim/Claimprp/PerezgO 1 .dot S:~BULLETINWORMS AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM,. TO: Kurt Bressner City Manager THRU: FROM: Wilfred Hawkins Administrative Services Director Charles J. Magazine Risk Manager DATE: OctOber 4, 2000 SUBJECT: Gladys Perez v. City of Boynton Beach D . .ate of Loss: Au .ust 6, 1998 ..... X Settlement Judgement Risk Managem~m ~ecommends the C~ty Com~rass~on ratify the. _ - in the above stated manner. RESERVES: InderathW: $ 15,000 Expenses: $ 35.000 D~emand: Original: $ 94,120 Final: $ 40.000 Offer: Original: $ 10.849 Final: $ 37,500 SETTLEMENT: $ 37,500 · . .... is .o,,o This set(lement is the compromtse of a cltnrn $or.a, a.,~agf~. , ,,_.r ,~2_~_~s or injuries resulting the~ any ~esponsibility Jor any_ uamus ...... j_ -.-o ..... Current Adjustment Fees: $ 1,742 Current Legal Fees: $ 15,000 IF NOT SETTLED Projected Legal Fees: $ 20,000 Prole~ed Jury Verdict: $ 75,000 JUDGEMENT: $ CurrentAdjustment Fees: Current Legal Fees: CASE NARRATI~VE: The plaintiff suffered property damage during a sewer system backup at her residence. The City responded · ' the blockage. Thc plaintiff sustained damages which were and performed system maintenance to rehevc recovered from her homeowners insurance policy in the amoUnt of $34,000. Thc insurance company maintained subrogation rights to any settlement or judgement moneys secured in this litigation. Plaintiff incurred alleged fixed damages in thc amoUnt of $49,124. Plaintiff's initial demand at mediation was $94,120. Settlement was a~rccd to at a court ordered mediation, contingent upon City Comrmssion approval. It is noted that the negotiated settlement includes resolution of any claim by thc homeowners insurance company, against thc City, by the plaintiff. Cjr~Claimpq~Per ezg02.de¢ YN THE CIRCUIT CODT~T OF T_HE 'FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, YN AND FOP,. PALM BEACH COUNTY. Defendant, .REPORT OF CIVIL kfEDJATION AGR-EEMEN A mediation hearing was held on :'~brtheabovestyledcase. Mediator ll~/I -- ~ /~-~ Conducted theproceedinos .A./ I -, ---, ;- , , .,~-t,-- -o ,t_,,"','-,~c~ · ~ - ~,~.. ,,,-s ~ere present. -- ~ A partial agreement was reached. ~ A complete agreement was reached. The follosving is a synopsis of~r complete agreement reached: D~,e~ant s Att~ney Date e~ator '