Agenda 02-06-01The City of
100 E. Boynton Beach Boulevard (561) 742-6000
City Commission
AGENDA
FEBRUARY 6, 2001
Gerald Broening
Mayor
At Large
Ronald Weiland
Vice Mayor
District
Bruce Black
Commissioner
District II
Mike Ferguson
District ill
Charlie Fisher
Commissioner
District IV
Kurt Bressner
City Manager
;TRICT
DISTRICT II
;TRICT III
DISTRICT
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www.ci.boynton-beach.fi.us
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLZC PARTZCZPAT~ON AT
CZ'I"Y OF BOYNTON BEACH COMMTSSZON MEe liNGS ~
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City-Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
· Consent Agenda Ztems: These are items, which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Items: These are items, which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item, This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAI~NG AT COMMISSZON MEe 1 iNGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings, and as such, the Commission retains the right to limit
discussion on an issue.
Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by
the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the
meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has--
begun.
· Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings".
· Public Audience: Any dtizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor
will call for speakers by name from the yellow cards provided by the City Clerk.
· Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded. Please use the green colored card for matters listed on
the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk.
ADDRESSING THE COMMTSSION:
When your name is called, please step up to either podium and state, for the record, your name and address.
DECORUM:
Any person making ~mpertinent or slanderous remarks or who becomes boisterous while addressing the
Commission will be barred from further audience before the Commission by the presiding officer, unless
permission to continue or again address the Commission is granted by the majority vote of the Commission
members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beac~
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
February 6, 2001
CITY OF BOSTON BEACH
REGULAR CITY cC~MMIS~iON MEETING
AGENDA
6:30 P.M.
A,
4ppointment
To Be Made
OPENINGS:
A. Call to Order - Mayor Gerald Broening
B. Invocation - Reverend Bob Hahn, First United Methodist Church
C. Pledge of Allegiance to the Flag led by Commissioner Charlie Fisher
D. IF YOU WISH TO ADDRESS THE COMf4IS$ION:
· FILL OUT THE APPROPRIATE REQUEST FORt4
· GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS"
PORTION OF THE AGENDA HAS BEEN COt4PLETED,
· COt4E TO THE PODIUM WHEN THE t4AYOR CALLS YOUR NAt4E
INDIVIDUALS t4AY SPEAK FOR THREE UNINTERRUPTED t, IlNUTES.
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
PUBI.[C AUDIENCE:
INDMDUAL SPEAKER~ WILL BE LII~IITED TO 3-HINUTE PRESENTATIONS
ADHTNISTRA~E:
Appointments to be made:
Length of Term
Board Expiration Date
II Weiland Advisory Bd. On Children & Youth Alt 1 yr term to 4/01
I~I Ferguson Bldg. Board of Adjustment & APpeals Alt I yr term to 4/01 Tabled (2)
I~a Fisher Community Relations t~:~,rd Rc~:J 3 yr term to 4/01 Tabled (2)
yet Broening ¢ommunro/Relations Board Alt 1 yr term to 4/01
I 1 Weiland Employees' Pension t~:~rd Reg 3 yr term to 4/01 Tabled (2)
II Black IJbrar~ Board ^It 1 yr term to 4/01
Il Black Nuisance Abatement Board Reg 2 yr term to 4/02 Tabled (2)
I I Ferguson Nuisance Abatement Board Alt 1 yr term to 4/01 Tabled (2)
City of Boynton Beach
Agenda
Regular City Commission Meeting
February 6, 2001.
ANNOUNCEMENTS & PRESENTATIONS:
A. AnnouncementS:
GIS Presentation on February 12, 2001, with CRA, Planning &
Development Board and Chamber of Commerce at 6:30 P,M, in the
Library Program Room
B, Presentations:
1. Proclamations:
None
Orientation PowerPoint Presentation - Police Department - Police Chief
Marshall Gage
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 ali of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Agenda Preview Conference of January 11, 2001
2. Regular City Commission Meeting of .3anuary 16, 2001
Bids - Recommend Approval - All expenditures are approved in the 2000-2001
Adopted Budget
=
Award the "RE-BID FOOD CONCESSIONAIRE FOR THE GREAT AMERICAN
LOVE AFFAIR (G.A.LA.) AND CULTURAL FESTIVAL- 2001" BID #023-
2710-01/C3D to San Francisco Puffs & Stuff of Fort Lauderdale, Florida for
the ~[~Lg~]~O. OJ~ with an income of S12,500 (~RO~OSED
RESOL UTXON NO, R O~-I O)
Award the "BEVERAGE & FOOD CONCESSIONAIRES FOR THE GREAT
AMERICAN LOVE AFFAIR (G.A. LA.) AND THE CULTURAL FESTIVAL 2001"
BID #009-2710-01/C--3D to Kiwanis Club of Boynton Beach, Florida for the
beveraoe oortion only with aw income of 25% of net beverage
proceeds ('~ROI~OSED R~SOLUT~'ON NO.
2
· City of Boynton Beach
Agenda
Regular City Commission Meeting
February 6, 2001
Extend the "TWO-YEAR BID FOR HYDRAULIC CYLINDERS AND
VALVES/PARTS AND REPAIRS'; BID #036-2516-01/KR, for one (1)
additional year to Construction Hydraulics, Inc., of Lake Worth, Florida, at
the hourly shop rate of $35.00 with an estimated annual expenditure of
$35,000
Approve the "SOLE SOURCE" PURCHASE OF CO2 DETECTORS AND
AUTOMATIC EXTERNAL DEFIBRILLATORS (AED) from Medtronic Physio-
Control at a total cost of $56,587
Approve the piggyback of the SCHOOL BOARD OF PALM BEACH COUNTY
RFP #00C-010.1 to South Florida Trane Service for the "OVERHAUL OF
CITY HALL CHILLER #2 in the amount of $25,015
Utilize the STATE OF FLORIDA SNAPS AGREEMENT #2851656 to Rexel
Southern for the PURCHASE OF ELECTRICAL PANELS FOR TEN (10) LIFT
STATIONS in the amount of $13,653.60
Award the "PAINTING OF THE EAST WATER TREATMENT PLANT AND
MISCELLANEOUS PUMP HOUSES AT ~IILE LEAGUE PARK'; BID #016-
2821-01/C.1D, to V.I.P. Painting, Inc. of Coral Springs, Florida in the
amount of $37,885 ('~RO~O$~ R~$O~O~ON NO. RO~-~2)
Award the "PURCHASE OF ONE (1) NEW AND UNUSED DIESEL
POWERED, AGRICULTURAL TRACTOR'; BID #028-2516-01/KR, to
Everglades Farm Equipment in the amount of $23,087.15
Award "CO-OP ANHYDROUS AMMONIA", BID #026-2821-01/KR, to
Tanner Industries, Inc., in the amount of $89,264/City Utilities portion
$13,000
10.
Award the "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION
SUPPLIES", 8ID #018-1412-01/KR, to various vendors for an annual
estimated expenditure of $30,000
Resolutions:
Proposed Resolution No. R01-13 Re: Appointing the Palm
Beach County Supervisor of Elections to handle and canvas all City
absentee ballots for the March 13, 2001 General Election, and if it
becomes necessary, a Run-Off Election which will be held on March 27,
2001, to represent the Municipal Canvassing Board at all Logic and
Accuracy Tests, and certify election results
City of Boynton Beach
Agenda
Regular City Commission Meeting
February 6, 2001
lO.
Proposed Resolution No. R01-14 Re: Approving Water
Service Agreements with Donald K. Dorial and James W. Keen for a 6.21
acre parcel of land located along the east side of Military Trail on the
north side of the LWDD L-21 canal
Proposed Resolution No. R01-15 Re: Accepting Letter of
Credit No. 10847 from City National Bank in the amount of $38,497.80 as
surety for the water and sewer improvements for the Eckerd's at U.S.
Highway #1 project
Proposed Resolution No. R01-16 Re: Authorizing and
directing the Mayor and City Clerk to execute the sixth (6m) amendment
to the Tower Site Lease and Joint Use Agreement between the City of
Boynton Beach and AT&T Wireless and Palm Beach County
Communications
Proposed Resolution No, R01-17 Re: Ratification
collective bargaining agreement with NCF&O blue-collar workers
of
Proposed Resolution No. R01-18 Re: Ratification
collective bargaining agreement with NCF&O white-collar workers
of
Proposed Resolution No. R01-19 Re: Selection
consultant to perform Fire Special Assessment Cost Analysm
of
Proposed Resolution No. R01-20 Re: Authorizing the City
Manager to submit application for Design and Construction of Library
Renovation
Proposed Resolution No. R01-21 Re: Approving the
Consulting Services Agreement between the City of Boynton Beach and
the Boynton Beach Community Redevelopment Agency
Proposed Resolution No, R01-22 Re: Ratifying the action of
the South Central Regional Wastewater Treatment and Disposal Board of
January 18, 2001:
Authorization to renew contract with New Look Lawn Services
dated March 1, 2000 for the sum of $1,400 per month for the
length of the contract in the north area and an additional sum of
$1,000 per month for the length of the contract in the south area.
Contract will be in effect for one year but may be extended for an
additional one-year term.
City =f Boynton Beach
Agenda
Regular City Commission MeeUng
February 6~ 200:1
11.
Approve authorization to expend $15,000 from Repair &
Replacement Fund to purchase Vogelsang Sludge Pump and Gear
Motor.
Approve authorization to expend $11,000 from Repair &
Replacement Fund to install a Vogelsang Rota Cutter in waste line
to centrifuges.
Approve authorization to expend $15,000 from Repair &
Replacement Fund on an emergency basis to replace and upgrade
"A" Plant scrubber system including control panel upgrade,
resurfacing pads and drain system and reconditioning scrubber
fan and motor drive.
Approve authorization to expend $15,000 to repair 9-20 Dezurik
Plug Valves from Repair and Replacement Fund on an emergency
basis in "A" Plant RAS building.
Approve authorization to expend $3,000 from Repair &
Replacement Fund on ar emergency basis to replace "B" Plant
RAS meter.
Approve authorization to enter into contract with Aarow Bilding &
Maintenance, ThC. dated March 1, 2001 for the sum of $310.00
per month of janitorial services. Contract will be in effect for one
year but may be extended for an additional one-year term.
Proposed Resolution No. R01-23 Re: Authorizing the Mayor
and City Clerk to execute a Contract for Purchase and Sale of Real
Property between the City of Boynton Beach and Robert R.
Pavese, for the purchase of Lot 7 in Costa Bella Subdivision.
Ratification of Planning & Development Board Action:
Riverwalk Plaza .loint Venture - Buffer Wall (1532 S. Federal Highway) -
Request for a variance from City of Boynton Beach Land Development
Regulations, Chapter 2 - Zoning, Section ,LL - Buffer Walls, to allow a six
foot high chain linked fence along the south property line in lieu of the
required six foot concrete block wall to separate the Riverwalk Plaza from
the abutting residential district
Accept
update
exceed
proposal from BAE Systems ADR for the aerial photography required to
Utilities service area planimetric base maps for an expenditure not-to-
$21,060
5
City of Boynton Beach
Agenda
Regular City Commission MeeUng
February 6, 200:/.
Approve the expenditure of $25,830 from ITS Account #001-1510-513-6415 to
Pomeroy computer Resources, Inc. for 15 HP LaserJet 4050 printers from State
Contract #250-040-99-1
Approve the purchase of 47 laptop computers and related equipment from
Southern Computer Supplies in the amount of $124,895,91 for the Police
Department
Approve the expenditure of $25,000 to repair a failed sewer line
Establish one regularly scheduled meeting of the Planning & Development Board
on the fourth Tuesday of each month
CZTY MANAGER'S REPORT:
A. Purchase of 3.5-acre parcel north of Intracoastal Park (PROPOSED
R~r$O£1.I~'~ON NO. R0.~-24 )
B. Name Pond "B' Contest
VZZ. PUBLTC HEARZNG: 7:00 P.t4. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS
A. Project:
Agent:
Owner:
Location:
Description:
VZIZ. FUTURE AGENDA Z'rEivlS:
Sonny's Bar-Q
Colleen Carey with Interplan
James F. Moore, Jr. with Wal-Mart Realty Co.
Southwest corner of Old Boynton Road and Winchester
Park Boulevard
Request for conditional use/site plan approval to construct
a 6,103 square foot restaurant with 204 seats and an
ancillary drive-through window on a 1.91 acre outparcel of
the Wal-Mart SuperCenter site
GIS Presentation on February 12, 2001 with CRA, Planning & Development Board
and Chamber of Commerce
Develop Priorities for Funding Improvements and Addressing Swales and
Stormwater Catchment Systems (February 20, 2001)
C. Sidewalk Cafe Ordinance (February 20, 2001)
Presentation by Public Works regarding procedures for handling storm related
debris removal - .left Livergood, Public Works Director (March 6, 2001)
E. Revocation of Orbits Conditional Use Approval (February 20, 2001)
City bf Boynton Beach
Agenda
Regular City Commission Meeting
February 6, 200~.
F. Traffic Management/Calming Program Implementation by .left Livergood, Public
Works Director (February 20, 2001)
G. Future Annexation Areas (April 2001)
H. Construction of Pavilion at Hester Recreation Center (February 20, 2001)
I. Final design plan for Intracoastal Park by Resolution (Feb or March 2001)
DEVELOPMENT PLANS:
Xk
NEW BUSZNESS:
Schedule Special City Commission meeting to approve the nominations and
Election Proclamation for the General Election
Approve American Heart AssociaUon's Special Event application re~luest to
conduct the American Heart Walk on February 24, 2001 at Quantum Corporate
Park Trail and Motorola property
Consideration of Resolution calling for Cooperative School Issues Planning Work
by Boynton Beach, Delray Beach, COBWRA and other parties
D. Discussion of Greenways Proposals
E. Discussion of Dog Park Proposal
F. Community Investment Fund Use - Civic Center Clock
LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
Proposed Ordinance No. 0~.-09 Re: Amending the City
Code of Ordinances, Chapter 2, "Zoning", Section 11.2, "Conditional
Uses" creating Paragraph 13, to provide that applications for nightclubs,
bars, and other similar establishments shall include acoustic sound
analysis to demonstrate that sound shall not escape establishments
Proposed Ordinance No. 01-10 Re: Amending Chapter 2:
Zoning, Section ll.H to require that minimum parking requirements for
one-bedroom and efficiency units be changed from 2 spaces for the first
10 units to 1.5 spaces, and that Chapter 2.5 Planned Unit Development,
Section 9.C be amended to reference the parking requirements within
Chapter 2, Zoning, Section 11.H
7
City of Boynton Beach
Agenda
Regular City Commission Meeting
February 6, 2001
B. Ordinances - 1~ Reading
Proposed Ordinance No. O1-11 Re: Amending
Ordinance No. 01-03 regarding the 14.18 acre parcel, located on the west
side of SW 8m Street, approximately 1/8 mile north of Woolbfight Road;
Amending Ordinance 89-38 by amending the Future Land Use Element of
the Cor~ prehensive Plan by adopting the proper land use from Local
Retail Commercial (LCR) to High Density Residential (HDR)
C. Resolutions:
None
D. Other:
None
XII, UNFINISHED BUSINESS:
XIII.
OTHER:
A. Informational Items by members of the City Commission
XIV. AD3OURNMENT:
NOTICE
IF A PERSON DEC~DES TO APPEAL ANY DEC3SJON MADE BY I~E cTr'f COMMISSION WTrH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEE'F[NG~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE HAY NEED TO EN~JRE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUX[LLRRY AIDS AND SERVICES WHERE NEcl=SSARY TO AFFORD AN INDIVIDUAL WTTH A DISABILITY AN
EQUAL OPPORTLINTFY TO PART~C[PATE IN AND EN]OY THE BENEFTTS OF A SERVICE~ PROGRAM~ OR AC'CJV~ CONDUCTF~ BY THE CtTY, PLEASE
CONTAC'r ]OYCE COSTELLO~ (5611 7z[2-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR A~ IN ORDER FOR THE
CiTY TO REASONABLY ACCOMMODATE YOUR REQUEST.
FINAL AGENDA- 2/2/01 - 9:00 AM
\\CH\MA~ N\SHRDATA\CC\INP\CCAGEN DAnG EN DAS\020601.DOC
Requested City Connnissio~
Meetinl Dates
[] N0vember 21, 2000
[] D~cember 5, 2000
[] December 19, 2000
[] ~u~,2oo~
V-CONSENT AGENDA
ITEM C.11
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5;00p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meefin~ Dates
[] January 16, 2001
[] February 6, 2001
[] Febrmay 20, 200I
[] March 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
January 3, 2001 (5:00 p.m.)
JanuaD' 17, 200l (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
NATI}RE OF
AGENDA ITEM
[] Adm/ni~trative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECQMMENDATION: That the City Commission move to authorize the Mayor and City Clerk to execute a Contract for
PurchaSe and Sale of Real Property between the City of Boynton Beach and Robert R. Pavese, for the purchase of Lot 7 in
Costa Bella Subdivision.
EXPLANATION: The purchase of this undeveloped parcel of land is a request of the Utility Depamnent. The lot is needed
for drainage retention purposes to alleviate drainage problems in the immediate neighborhood. The purchase price represents
the approximate fair market value of the property, taldng into consideration the savings effectuated by a voluntary acquisition
as opposed to a taking.
PROG4RAM IMPACT:
FISC)iL IMPACT: The funds for this purchase are available in Account No. 403 5000 590 9607 STM 013.
ALTERNATIVES:
Department Head's Signature
Utilities
Department Name
city ^~d)t/Fmc, / I~um~ Resources
SABULLETiN~ORMS~.GENDA ITEM P~QUEST FORM.DOC
RESOLUTION NO. R01-
a RESOLUTION Of THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT FOR
PURCHASE AND SALE OF REAL PROPERTY
BETVVEEN THE CITY OF BOYNTON BEACH AND
ROBERT R. PAVESE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff; has
deemed it to be in the best interests of the citizens and residents of the City to enter
into a Contract for Pumhase and Sale of Real Property between the City of Boynton
Beach and Robert R. Pavese; 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, FIodda
does hereby authorize and direct the Mayor and City Clerk to execute a Contract for
Purchase and Sale of Real Property between the City of Boynton Beach and Robert
R. Pavese, for the real property more particularly described in said Agreement as
Exhibit "A", which Agreement is attached hereto.
Section2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this
City Clerk
(Corporate Seal)
__ day of February, 2001.
CITY Of BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
s:ca~Weso~ Purci~e & Sale Agr- Pa,ese
AGKEEN~ENT FOR PURCI-E~SE AND SALE OF REAL PROPERTY
tHIS AGREEMENT is made and entered into between CITY OF BOYNTON BEACH,
(hereinafter referred to as "PURCHASER"), and ROBERT R. PAVESE, a single man, (here~n~er
referred to as "SELLER"),
.W.I..T..N...E S S E T H
Ia consideration of the mutual agreements and u.~n and subject to lhe tenu$ and conditions
herein contained, the parties he~eto agree as follows:
I. DEFINITIONS. The following terms when u~ed ia this Agreement for Purchase
and Sale '~hall have the following mearfings:
l.I Land. That certain p~rcel of Land located in Bo~uton Beach. Florida,
consisting of approximately acre~. The Land is more particularly described on Exhibit "A"
wkich is attached hereto and made a part hereof.
1.2 Closina. The delivery of a Warranty Deed to PURCI-IASER concum~-mlly
vfith the delivery of the purchase price and other cash consideration to SELLER.
1.3 Closine Date. The date upon which th~ ¢lo~ing occurs.
1.4 Reed. A Warranty Deed, which shall convey the Land from gELLER to
PURCHASER relative to the Laud eonsiffing of. acr~.
1.5 Earnest Money. The sum of Five Hundred and no/100 ($500.00) Dollm-~
has been delivered from PURCHASER to Escrow Agent pursuant to Section 2.1 set forth he~eim
SELLER5 Addre~. Robert lA Pavese: 204 N.W. 9~ S~eet, Boyaton
1.6
Beach, FL 3344a..
1.7
PURCHASER'S Address. Ci,ty of Boynton Beach: I00 E~t Boymon
Beach Boulevard, PO BOX 310, Boynton Beach, Florida 33425-0310, x~Sth copy to Donald J.
F-age 1 '-
Dondy, Esquire, JOSIAS, GOREN, CP/EROF, DOODy AND 5ZROL, P.A., 3099 East
Commexcial Boule~ml, Suite 200, Fora Laudexdalc, Florida 33308.
1.9 Oth~ D~flrdfior~. The tcmm defined in any part of rids Agreement
have thc defined meaning whoever capitalized hexein, x,Vhercv~r appropHa~ in this Agreeanmxt,
the singular shalI be deemed ~o r~fex to the plural and the plural to thc sing,alar, and pronouns of
each gonder shall b~ deemed to comprehend aither or both of the other genders. As used in ~
Agr~.zaent, the t~n~as "hereia', "hereof' and thc like refer to this Agreement ia iQ ¢nlircty and not
to any specific section or subseetinn.
PURCHASE AND SALE.
Subject to thc provisions of this Agreemcm; th, SELLER hereby agree~ to s,l[ to
PURCHASER, and PURCHASER hereby agr~ to parchase from SELLER, tho Land previously
identified on ]gxhib~t "A" for thc total pta-chase price of TIr/IRI%' FOUR IlqOUSA~ND FIYE
I-IUNDRED NO/100 ($34,500.00) DOLLARS and upon and subject to the texm~ and cor~'difiorm
here. in~emr set fonli.
2.I Earnest Money.
PURCHASER has deposited and placed in an escrow armount maintained by
JOSIAS, GOREN, CHEROF. DOODY AND EZROL, ?~. monies in thc araonm of FIVE
I-iLINDRED A_ND NO/100 ($500.00) DOLLARS. Thc Escrow Agent is located at: JOSIAS,
OOREN, CHEF, OF, DOODY AND EZROL, P.A., 3099 East Commercial Blvd., Suite 200, Fort
Lauderdal¢, Flor/da, 33308. Ikis contract is contiagem apoa the Boy, ton B~a~h City. Comnfission
approving fids agre~mcm and anthofizmg the appropriate city officials to consummate
~ansactioli
2.2 Balance of P~rchase Price. PURCHASER shall pay the balance of the
Purelias~ Price to SELLER at ¢losil~g by cash or by e~efified cheek, or by wire ~n.sfe~ to
Pa~: 2
SELLER'S baal< account of current federal funds.
2.3 The Purchase includes all fights, ~tte and iaterest, it' any. of SELLER in an>,
Land lying m the bed of any public or prix'ate street or highxwty, opened or proposed, in front any of
the adjokning Property to the center line thereof. The sale also ~n¢ludes any fight of SELLER to an,v
unpaid award to ~h/ch SELLER ma)' be ent/tled: (I) due to taking by condermuation of any right,
title or inter¢~ of' SELLER and (2) for an), damage to the Lartd due m change of grade of any street
or highway. SELLER will deliver to PURCHASER at closing, or thereaf~er on demand, proper
imqtruments for the conveyance of title and the assignment and collection of awaxd and damages;
3. INSPECTIONS. PURCI4_~.SER shall have a th/try (30) calond~ day period of
time ¢oam~anoing a, of the effective date of this Agreement to determine that the Land is
satisfactory to the City for it's intcnd~ purpose. If at th, conclusion of the thixty 00) day
~pection pexioc[, the Purchaser deems the hand unsatisfactory for any reaso~ it may terminate this
agreement and receiv, an immediate remm of it's deposit.
4. EVIDENCE OF TITLE.
4.1 Title to the Land. SELLER shall convey to PURCHASER at dosing, by
delivery of a Warranty Deed, regarding the subject Land, subject to all easements and restrictions of
record. During the Inspection Period.. Purchaser qhal[ ~'¢ure a lffie insurano¢ commitment insurhag
PURCHASER'S title to the Land subject etd5 to those exceptions set forth in the commitment. All
zests and expenses relative to the/ssmmce of a title commitment and an ownex's title policy shall be
borne by the PURCHASER.
PURCHASER shall have five (5) days fi~m th, date of receiving said comra/tment to
examine said c, ommitm¢at If PURCHASER objects to any exception to rifle az shown in said
¢ommima*nt, PURCFIASER shall within five (5) days of receipt of said eomm/tmen~, ~lotlfy
SELLER in writing *'pecifyin8 the specific exception(s) to wh/ch k objects..~txy obj~tioa(s) of
P¢¢¢ 3
which PURCPL~.SER has so notified SELLER, and which SELLER chooses to cure, shall be cured
by SELLER so as lo enable the removal of sa/d objection(s) from th~ title commitment within ten
(10) days after PURCI-L~.SER has provided notice to SELLER. Witkia two (2) days after the
expiration of SELLER'S time to cure any objecxion, SELLF_R shall send to PURCHASER a notice
in x~x-itmg (it "cure ilotice") staling eitller (1) dial the objection has been cured and in such case
enclosing ev/dence of such cure, or (ii) that SELLER is e/ther unable lo cme or has chosen not to
cure such objection. If SELLER shall be unable or unwill~n$ to cure ali objections wkb, ia the time
period set forth ia the preceding sentence, then PURCI4_ASIgR may (~) terminate this Agreement by
writlen notice to the SELLER within five (5) days after receipt of a cure notice speckf3ing an
uncured objection, in which event all iman~ and monie~ held by the Escrow Agent shall be
immed/ately returned to PURCHASER; or Co) subject to the prov/sions set forth below, proceed to
close the hmn~action contemplated herein despite the uncured objectiom
4,2. Survey and Legal Description. During the Inspection Period, PURCHASER shall
ordea:. (i) a tree, complete and reprodu,ibl¢ treeing of a curt'ertl survey map (current is defined to be
certified ~athin fifteen (15) da>, of the date of the Agreement), prepared by a registered Land
surveyor or engineer licensed ia the State of Florida showing the botmdaries of the Land, and the
location of any easements thereon and certifying tl~ number of acre~ (to the nearest one thousandth
acre) of Land contai, ned in the Land, improvements and encroachments; and (ii) a correct metes and
bounds legal description of the Land which, upon approval thereof by PURCHASER *ad SELLER
(not to be unreasonably withheld), shall be the legal description used La the &~d of conveyance.
The survey and legal desuription shall be prepared and certified By a surveyor licensed and
registered in the Slate of Florida and ,hall comply ~-kh the reqairemants of the survey map
established ia connection with the issuance of an owner's title insurance policy on the Land. The
survey slhell b~ certified to PURCI4_.ASF_,R. and the tide iraqm'arice company issuing the title
P~e 4
In the event the survey shows any material encroachments, strips, gores, or
an).' portion of the Land non-contiguous to an)' otb. er portion of the Land or any other matter
mate~ally affectin~ the intended use or marketability of title to the Land (any such matter is here~
called a "survey objection" and treated as a rifle defect), PURCHASER shall have a period of ten
(t0) days after receipt of the sm'e), b.v PURCHASER within which to approve or disapprove
su~'ey objection mad to give notice to SELLER of an)' disapproval thereof indicating m reasonable
detail the nature and reasor~s for PUR. CHASEK'S objection. PURCHASER agrees that it 441I not
arbitrarily or mure~.qor~alvly withhold its approx~l of any such survey objection and that
PURCHASER will approve any such survey objection which does not affect the mark,lability of
title or materially interfere ~Sth PURCHASER'S use of the Land as a self storage facility. In the
event PURCHASER provides a notice of disapproval of a sur~ey objection to SELLER, the rights
and obligations of the parties r~p~ctiug such survey objections shall be governed by Section 4.1
hereof such that the part~es shall have the same rights and objeefions as thou~h such surve)'
objection objected to was a new exception m title which was discovered and objected to ~Sth~n the
contemplation of Section 4.1.
5.0 RISK OF LOSS.
$.I Risk of loss or damage fi:om fire, other casualty, or both, is assumed by
SELLER until the deed described m Paragraph 4.1 h*reof is delivered by SELLER
pLrRCI-L~SER.
(a) In the event the Land, or an?' portion thereof, is condemned by any
govemmentaI authority under its po~'~ of {aninent domahu or becomes the subi oS a notice
condemnation, PURCI~SER may elect to term. ina~ this Agreemem, in which evmt the entire
deposit and intere~, shall b~ returned to ?URCFL~.SER and neither party shall 1,.,~ve aa>' f-u~r
Pa~e 5
claim agai~t the other, or PURCHASER may elect to complete settlement hereunder, in which
event SELLER shall assign to pLrRCI-L~SER ali of SELLER'S right, title and interest ia and to any
eond~mmation awards, whether pending or akeady paid.
6. TRANSFER OF '111LE SUBJSCT TO. The Land shall be conveyed subject only to
those exceptions as set forth in paragraphs 2J, 4. I and 4.2 and to:
(a) Water lines~ sanitary sewer, draunage, gas dis~but~o~, electrical and
telephone easements of record p~o,~ided that they_ are used to service the Land.
(b) Unpa/d assessments payable after the date of the tramfer of fide_
7. ADJUSTMENTS AT CLOSING,
In the event that. follo~mg the Closin~ the mount of assessed real property, tax on
the Property for the current year is higher than any estimate of such tax used for pm'poses of the
Closing, the p~rt/es shall re-prorate ~my amonnt~ l:~id or credited based on such estimate. Tkis slialI
survi~ ~ Closing.
8. CLOSIAIG DATE AND PLACE. Th~ dos/ag 4511 take pla~ at an office and time
mutually algeed upon on or before ten (I 0) days sabsequem exp/ration of the inspection pe~/od.
9. DEFAULT. If the PURCHASER shall fail or refuse to consummate the transact/on
in accordance w/th the terms and provisions of this a.~eement, the deposit ~r~ interest qhall b~
forfeited to SELLER ~ ~ upon liquidated damages. In She event of such default by
PURCHASER, SELLER~d sole and entire remedy shall be restricted to retention of the depo*it plus
all accrued int~est, if any, and PURCHASER shall have no other respomibility or liability of any
kind re SF_LLER by virtue of such defauk. In addition to she other remedies which PURCI-L~,SER
ma3,' have st:~cifically set forth in *.his Agreeraent in the event of SELLER'S default. PURC/4_ASER
shall be entitled to equitable relief to enforce the terms mad conditiom of th/s Agr~ent either
through a decree for specific performance or injtmctive relief.
10. COSTS. SELLER shall be ~esponsible relative to the co*ts and expenses related to
the documentmy stumps affixed to the Warran~ Deed. The cost* ~lated to the survcy and the costs
and expenses incurrext relating ~o the recording of the Warranty Deed and obtaining an O%mer's
Title Policy shall be the responsibility of tlae PURCHASER,
I1. SELLER'S WARRANTIES. SELLER h~r~by aclmowI~dges aad warrants to the
best of its knowledge that all of the follo~'~g are rme and correct and all of which shall sur~Sve the
closing.
(a) There are no leases, letting or tenancies aff*cting any par~ of any of
the Land cxcep! t~mant leases and ~ are no written or oral promises, und~rstandimgs, agr*ement~
or commitment* betw~n SELLER I'or any pred,c~or of SELLER) and any tenant or other lxrson
affc'o~ing the Land.
Co) SI~LLER ha~ to, ired no written notio: on or prior to the dam hereof
from any govemman~, or any agency, body or subdivision thereof., that the buildings ~nd tangible
pemorml prol~t7 (a~ such term is hereafter defined, including without limitation the roofs, the
heating, the ventilating, ah' conditioffing and electrical ,ystems. the foundations and the fix'turn
and ,qmpm~az used in the genc~l operation of the pr~>perty) are not in good working order or
ot/mn~ in n~I of repm~ or replac*men;.
(c) SELLER is not ia default in any of SELLER'S obligations to any
supplier of amy materials or service* obtained or to be u~:l in connection with the property.
I2. PURCI-IASER'SWARRA-NTIES. PURCHASER hare, by acknowledges and
mm m the b~ of it* kaowlc~lge that all of the folloMng ar~ m and correct and all
survive the closing:
(a) PUP, CHASER ha~ fall power and authority to ~nt~ into this Agreement and
to asm and !~rform all of its obligations
Pa~¢ 7
(b) Thc execution and delivery of this A~reem~nt and the performance by
PURCHASER of the obligations hereunder have been duly authorized by the
PUKCHASER as may be rcqu/red, and no Ibrther action or approval is required in
order to constilllte this Agreernen~ as a bindin$ obligation of the PURCHAS£1L
Ali of the representations, warr~ties and coven~ats or PURCHASER contained in
Ag~emera or in any other document, delivered to SELLER in connection with the transaction
contemplated herein shall be tree and correct in ail material resi~ and not in default at the time of
dosing, just as though they were made at such time;.
13. ~. If any provision in this Agreemcmt shall be held to be
excessively ~oad, it shall be coustrued, by limiting and reducing it, to be enforceable to the extent
cornp~ible with applicable law. If any provision in this Agreement shall, notwifl'~'tanding the
preceding sentence, be held ill,al or unenfomeable, such illegality, or unenforeeability shall not
affect any other provision of this agreernenu
I4. CONTINGENCIES. PURCHASER'S obligations under this .4.greernent is
contingent upon the PURCHASER obtainbag authorization from the City Commission of
BO'~%ITON BEACH and authorizingthe CiW officials to consummate this transaction.
15. NO LL~BILITY, Unless this AgO'cement is properly execut~l by both parties within
the specified time Period, neither party shall be obligated to perform the eovenams herein
c0ntain~,
16, ]~FFECTIVE DATE, Unless both SELLER and PURCHASER execute this
Agreemem by. Febnmt'y 7, 2001, th/s Agreemem mh~Jl be null, void and /neffe. ctive.
Agreement shall be deemed effect/ye ~s of the last date that the. document is ~x¢~u~¢d by tither
FLrKCHASER or SELLER.
17. ~OVElq~NINO LAW. This Agreement shall be governed by the laws of the State of
Florida
18. ENilRE AGREEMENT. All prior understandings and agreements between
SELLER and PURCHASER are merged m this Agxeement This Agtecmem completely expresses
their full agreement.
19. NO ORAL CHANGE. This Agreement may net be changed or amended orally.
20_ SUCCESSORS_ This Agreement shall apply to and brad the dis~butes, executors.
admirJ~rs, successors and assigas of SELLER and PURCHASER.
21. RADON GAS: Radon is a naturally oecuning radioactive gas that, when it has'
accumulated La a building in stufficien~ quantities, may present health risks t~ persons who are
exposed to it over time. Levels of radon that exceed federal and sta~ guidelines h~'e been fo~d in
buildings in Florida. Additional informaiion regarding radon and radon testing may be obtained
from your courtly health unit.
22. COUNTERPARTS: This Agreement may be executed in two or more counterpar, s,
each of which shall be and shall be taken to be an original and all collectively cl~mae~l one
instrument
23.
The parties hereto agree that a facsiraile copy hereof and any signam~ hereto shall
be considered for all purposes as originals.
(THIS SPACE HAS BEEN INTENTIONALLY LEFT BLAA"K)
Pa~e 9
12q WITNESS WHEREOF, ~e ~ have executed this Agreement as of the dates
~ndicated below:
PURCItASER:
CITY OF BO~TON BEACH, a Florida
Muaicipal corporation
(Pratt Name?)
(Prim Name?) ·
BY:
DATE:
Mayor
SELLER:
(hint Name?)
ROBERTRPAVESE
(Print Name?)
DATE:
WITNESS:
(Print Name?)
ESCROW AGENT
JOSIAS, GORI~N, CIIEROF. DOODY
AND EZROL, P.A.
Attorneys at Law
By:
(Print Name?)
DATE:
Requested City Commission
Meet~nff Dates
[] November 21.2000
[] December 5. 2000
[] December 19. 2000
[] January 2, 200I
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR ,t
Date Final Form Must be Turned
in to City Clerk's Office
November 9. 2000 5:00 p.m.)
November 22. 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 '5:00 p.m.)
Requested City Commission
Meeting Dates
[] January. 16. 2001
[] February 6. 2001
[] February 20. 2001
[] March 6. 2001
NEW BUSINESS
C.
Date Final Fon~ Must be Turned
~n to City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
NATUrRE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Bnsmess
[] Announcemenl [] Presentation
RECOMMENDATION: Discussion of Draft Resolution
EXPL~,ATION: Following the conclusion of discussions with the Palm Beach County School Board over
the schgol boundary issues, Commissioner Fisher has requested consideration of a resolution that would formalize an
ongoing dialog between the City of Boynton Beach. Delray Beach and COWBRA.
PROG~RAM IMI~ACT: The Educational Advisory Board is meeting to discuss matters generally and may have
commentary on the proposed resolution by the City Commission Meeing of February 6, 2001.
FISCAL IMPACT:
ALTERNATIVES:
None
1. Refer the draft Resolution to the EAB for comments and recommendation to the Conmussion.
2. Do not proceed with the Resolution at this time~ ~}
Department Head's Signature Ci.ty Manager's Signature
Department Name
City Attorney / Finance / Human Resources
S:~BULLETINYFORMS~AGENDA ITEM REQUEST FOILM.DOC
RESOLUTION NO. R 01-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
SUPPORTING THE FORMATION OF A TASK FORCE
WITH THE CITY OF DELRAY BEACH, FLORIDA
AND THE COALITION OF BOYNTON WEST
RESDENTS ASSOCIATION (COBWRA) ; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach, the City of Delray Beach and the
Coalition of Boynton West Residents Association (hereinafter referred to Boynton Beach,
Delray, and COBWRA respectively) share common interests regarding the location and
operation of public school facilities in the geographic areas under their respective control
or jurisdiction; and
WHEREAS, Boynton Beach, Delray Beach and COBWRA recognize the
efficiencies of consolidating their efforts as they relate to interaction with the School
Board of Palm Beach County concerning educational issues; and
WHEREAS, Boynton Beach, Delray Beach and COBWRA are fi'equently aligned
in their advocacy on the educational issues wkich effect the residents of their respective
geographical areas; and
WHEREAS, Boynton Beach, Delray Beach and COBWRA could potentially
assert greater influence on matters before the School Board of Palm Beach County by
consolidating their influence through a joint task force;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each WHEREAS clause set forth above is hereby ratified as being
tree and incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach hereby
encourages and supports the formation of a Joint Education Task Force with the City of
Delray Beach and the Coalition of Boynton West Residents Association, for the
following purposes:
A. To study educational issues of common interest to the residents of
Boynton Beach, Delray Beach, and the COBWRA area;
B. Analyze ~ssues pending before the School Board of Palm Beach County
which impact, directly or indirectly, residents of Boynton Beach. Delray Beach and the
COBWRA area;
C. Prepare joint position papers or recommendations to the School Board of
Palm Beach County, on issues which impact, directly or indirectly, residents of Boynton
Beach. De[ray Beach and the COBWRA area.
Section3. The City Manager is hereby d/rected to coordinate, with
representatives of Delray Beach and COBWRA, the formation of a Joint Education Task
Force comprised of representatives appointed by the City of Boymon Beach CiW
Commissmn, the City of De[ray Beach City Commission, and the Board of Directors of
COBWRA.
That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this
day of February, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
s:cah'eso\COBWRA RESO012501
Requested City Comn~ssion
Meeting Dates
[] N0vember 2I, 2000
[] D~cember 5, 2000
[] D~cember t9, 2000
[] January 2, 2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meetin~ Dates
[] January 16,2001
[] February 6, 2001
[] February 20,2001
[] March6,2001
X-NEW BUSINESS
ITEM D
Date Final Form Must be Turned
in to City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 200l (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
[] Administrative [] Development Plans
NAT~ OF [] Constant Agenda [] New Business
AGENDA ITEM [] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: Discussion of Greenways
EXPL ,~NATION: In 1999, a subcommittee of the Recreation and Parks Board met to discuss the
establish, ement ora Greenways program to link existing open space and park areas in the commun/ty and possibly provide
connec~ons of open space in the uthcorporated areas. Work on the project has not progressed beyond the preliminary
plannkigstages The City ConUmssion in 2000 established 55 strategic initiatiaves Ofthese, one imtiative is relevant to the
GreenWays program as follows:
6. 7. a)~ Inventory all existing park properties for upgrade and refurbishment needs, b) Include inventory of vacant city
owned parcels for possible conversion into parks based on ad open space and recreation master plan. c)Develop improved
funding mechanisms from development activities for new parks or improvements to existing parcels. Source: City
Commission (Long-term) Score: 1.58 Importance Rating: Low
TE.49JiLEADER: PVilfred Hawkins
TEAM!MEMBERS: Dale Sugerrnan, Mike Rumpf, Jeff Livergood,
John WiMner, Diane Reese
PROG~IAM IMPACT: The greenways program can be included under this initiative if desired by the City Commission.
FISCAL IM/'ACT: Unknown
ALTEgNATIVES: Retain focus of Initiative 6.7 on conventional park p~oper~y and recreation needs.
Department Head's Signature City Manager's Signature
Department Name
City Attorney / Finance / Human Resources
S:~BULLETIN~FORMS~AGENDA ITEM P. EQUEST FORM.DOC
Requested City Commission
Meetin~ Dates
[] November 21,2000
[] December 5, 2000
[] December 19, 2000
[] January 2. 2001
×
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to C/tv Clerk's Office
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] January 16,2001
[] February 6,2001
[] February 20, 2001
[] March 6,2001
X. NEW BUSINESS
E.
Date Final Form Must be Turned
in to City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION:
Discussion of Dog Park
EXPLANATION: Recently the City received a petition for the establishment of a dog park in the City
limits. The park would augment the park that exists on County property between Delray Beach and Boynton Beach. The
City Commission in 2000 established 55 stratagic in/tiatiaves Of these, one initiative may be relevant to the program as
follows:
6. 7. a~ Inventory all existing park properties for upgrade and refurbishment needs, b) Include inventory of vacant city
owned parcels for possible conversion into parks based on an open space and recreation master plan. c)Develop improved
funding mechanisms from development activities for new parks or improvements to existing parcels. Source: City
CommiSsion (Long-term) Score: 1.58 Importance Rating: Low
TEAM LEADER:
TEAM MEMBERS:
PROG
FISCA
ALTE]
Wilfred Hawla'ns
Dale Sugerman, Mike Rumpf, Jeff Livergood,
John Wildner, Diane Reese
[IAM IMPACT: A dog park proposal can be included under this initiative if desized by the City Commission.
L IMPACT: Unknown
tNATIVES: Retain focus of Initiative 6.7 on conventional p~ ~p~ ~d ~on needs.
Deparm~ent Hcad's Signature City Manager's Signature
Department Name
City Attorney / Finance / Human Resources
S:~BULL~TIN~FORMS~AGENDA ITEM REQUEST FORM.DOC
Requested City Cornmission
Meetin~ Dates
[] November 21, 2000
[] December 5, 2000
[] D~cember t9, 2000
[] January 2, 200l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Tamed
in to City Clerk's Oft~ce
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] January 16,2001
[] February 6, 2001
[] February 20, 2001
[] Mamh 6,2001
X. NEW BUSINESS
F.
Date Final Form Must be Turned
in to Citw Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
NAT1
AGE1
PRE OF
~DA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfmished Business
[] Announcement [] Presentation
REC( ~MMENDATION: Discussion of Use of Community Investment Funds for Clock in Civic Center
EXPLANATION: Commissioner Black has requested participation by other members of the City
Commissionnmm~i on a project involving the installation of a clock in the Civic Canter area. The location of the clock is
preliminarily proposed to be in front of the Children's Museum.
PRO(~RAM IMPACT: The activity is a permitted program under the guidance of the resolution governing the 2000-01
Commlmity Invesanent Funds as it represents an improvement to public property.
FISCAL IMI~ACT: The estimated cost of the clock is $'19,535 and it is estimated that installation of the foundation
and el~ ctrical connections will run approximately $2,400 additional for a total cost of $21,935. If each member of the City
Comr ission allows a portion of their Community Inveslraent fund to be used for the project, the cost will be $4,387 each.
ALTI~ RNATIVES: Do not install the clock or provide alternative m~ce.
Department Head's Signature City Manager's Signature
Department Name City Attorney / Finance / Human Resources
S:~I~ULJETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC
1
SINCE B42
The Verdin Company
Corporate Headquarters
444 Reading Road
Cincinnati. Ohio 45202
[-800-543-0488
FAX 513-241-1855
Manufacturing Facirlty
2021 Eastern Avenue
Cincinnati Ohio45202
FAX513-221-8726
Bell & Carillon Division
Clock Division
Damian R. Morano
Florida Branch Manager
RO. Box 14851
Bradentor,, FL 34280-4851
941-761-8400 phone
941-761-8430 fax
E-marl: drmorano@aoLcom
Sales Quote from ...
THE VERDIN COMPANY
Florida Branch Office
PHONE: (941) 761-8400
FAX: (941) 761-8430
FROM: Damian Morano, Branch Manager
TO: Mr. Bruce Black, City of Boynton Beach
DATE: Jan. 19, 2001
PROJECT: "Schoolhouse Plaza", Boynton Beach, FL
DESCRIPTION
Quantity
One (1) Front Royal (4L) Street Clock
*Paint to your exact specifications
Header Signage (Ex. "Cffy of Boynton Beach *Layout to your exact specifications
Installation by The Verdin Company (SEE Below)
· WEAIHERPROOF
ITL LISTED
· AIITOMATICAIJ.Y BACKLIGtrrEI}
· RESET SYSTEM LOCATED IH BASE
TOTAL: $19,535.00
TERMS AND CONDmONS OF PURCHASE
PAYMENT TERMS: 50% with placement of order. Balance, plus
fi.eight/taxes if applicable, upon completion.
· IHSTALLATION: The Verdin Company. (SEEBelow)
OWNERS RESPONSIlllLITIES
· Furnish necessary electrical wiring according to diagrams and
specifications to be provided by The Verdin Company.
· Anypermits, licenses or stamps of engineering approval for design of
street dock, which may be required for the performance of this
contract, shall be at the erpense of the Purchaser, whether or not such
permits, licenses or stamps are required to be issued to the Purchaser
or The Yerdin Company.
· Purchaser shall be responsible for foundation and mounting bolts
· Purchaser shall be responsible for the lift truck for placement
street clock as may be required
Creators of the World Peace Bell
SINCE 1842
The Verdin Company
Corporate Headquarters
444 Reading Road
Cincknnati, Ohio 45202
513-241-4010
1-800-543-0488
FAX 513-241-185B
Manufacturing Facility
2021 Eastern Avenue
Cincinnati, Ohio ~5202
FAX 513-221-872E
DELIVERY: 90 to 120 days upon receipt of signed agreement, down
payment and approved shop drawings.
· FREIGHT: Included
· TAXES: Purchaser responsible for applicable taxes.
WARRANTY: Three (3) years from date of shipment against original
defects in workmanship and materials, provided same is cared for
according to instructions furnished by The Verdin Company.
NOl'~;5: Upon receipt of order, Verdin will send complete shop drawings showing
total design and header layout for your approval and]or cbano~es prior to
manufacturin~
Damian R. Morano, The Verdin Company
Bell & Carillon Division
Clock Division
ACCEPTED BY:
City of Boynton Beach
r~-misn R. Morano
ida Branch Manager
~O. Box 14851
Bradenton, FL 342804851
941-761-8400 phone
941-761-8430 fax
E-maih dnnoran0@aol.com
DATE ACCEPTED:
OPTION 1: Towne Crier (Singing Tower} Carillon System
l~0watt Amplifier, Two (2) FC100 Speakers
Features: Westminster Chime, Hour Strike, Three Bell
Peal and 100 selections of Seasonal Music
Price: $7,37~.00 including Freight & Installation
ACCEPTED:
(Signature)
Creators of the World Peace Bell
FRONT ROYAL (4L)
FEATURES
15' 10 ½' HEIGHT
(2) 36" CLOCK DIALS
LEXAN~ DIAL COVERS
BACKLIGHTED HEADER
AUTOMATIC BACKLIGHTING (PHOTOCELL)
PAINT FINISH TO YOUR SPECIFICATIONS
MANUAL ItESET SYSTEM
SPADE HANDS
UL LISTED
WEATHERPROOF
OPTIONS
ROMAN, ARABIC OR VICTORIAN DIALS
ACCENT PAINTING
CUSTOM LOGO DIALS
HEADER SIGNAGE
MASTER CLOCK CONTROLLER
THE VERDIN COMPANY
INSTALLATION OPTION
ON-SITE SERVICE -
PREVENTATIVE MAINTENANCE PROGRAMS
HOWARD ~C-A/FRONT ROYAL
YODEL No. 4K
SPECIFiCATiONS:
FOUR FACED 36 inch
LEGIBLE 31~.3/4 inch REAR ILLUMINATED
FACE WrrH SPADE' HANDS.
CAST ALUMINUM POST
WEATHER PROOF
RNISH COLORS OFTIONS AVAILABLE
VERDIN DESIGN GROUP
M4 it,,,,~= R.~ad, Claclanat~ Olao ~
MODEL No. ,,I.L =~'~7/15/95 .~,=
95 CLK/
February 6, 2001
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
6:30 P.M.
OPENINGS:
Call to Order - Mayor Gerald Broening
Invocation - Reverend Bob Hahn, First United Methodist Church
pledge of Allegiance to the Flag led by Commissioner Charlie Fisher
D. TF YOU WISH TO ADDRESS THE COMMISSION:
FILL OUT THE APPROPRIATE REQUEST FORM
GIVE Il' TO THE CITY CLERK (ON THE DAIS) BEFORE THE
PORTION OF THE AGENDA HAS BEEN COMPLETED.
COME TO THE PODIUM WHEN THE MAYOR CALLS ~
NINGS"
INDIVIDUALS t4AY SPEAK FOR THREE t
E. Agenda Approval:
PU[
;PEAKERS WILL BE
PRESENTATIONS
I
III I
Malor
I
III
Weiland
Ferguson
Fisher
Broening
Weiland
Black
Black
Ferguson
Board
Advisory Bd. On Children & Youth
Bldg; Board of Adjustment & Appeals
Community Relations Board
Community RelaUons Board
Employees' Pension Board
Library Board
Nuisance Abatement Board
Nuisance Abatement Board
Alt
Alt
Reg
Alt
Reg
Alt
Reg
Alt
1
Length of Term
Expiration Date
I yr term to 4/01
:1 yr term to 4/01 Tabled (2)
3 yr term to 4/01 Tabled (2)
1 yr term to 4/01
3 yr term to 4/0:1 Tabled (2)
1 yr term to 4/01
2 yr term to 4/02 Tabled (2)
:1 yr term to 4/0:1 Tabled (2)
City ofBoynton Beach
Agenda
Regular City Commission MeeUng
February6~ 2001
ANNOUNCEMENTS & PRESENTA1/ONS:
A. Announcements:
None
B, Presentations:
1. proclamations:
None
2. Orientation
Marshall (:
,lice Department Chief
al
proposed
of the action in
part of the Public
the City Hanager for
all of the accompanying
comments.
Minutes:
Conference of January 11, 2001
ular City Commission Meeting of January 16, 200:[
Bids - Recommend Approval - All expenditures are approved in the 2000-2001
Adopted Budget
Award the "RE-BID FOOD CONCESSIONAIRE FOR THE GREAT AMERICAN
LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL - 2001" BID #023-
2710-0:[/C.]D to San Francisco Puffs & Stuff of Fort Lauderdale, Flodda for
the f _. rti-n nl. with an 'ncome of S12,500 (PROPOSED
R~$O£O72'ON NO. RO~-)
Award the "BEVERAGE & FOOD CONCESSIONAIRES FOR THE GREAT
AMERICAN LOVE AFFAIR (G.A.L.A.) AND THE CULTURAL FESTIVAL 200:["
BID #009-2710-01/C3D to Kiwanis Club of Boynton Beach, Florida for the
beveraoe oortion only with an income of 25% of net beverage
proceeds ~'PROPO$~D R~$OZU7~ON NO. RO~-)
Extend the "TWO-YEAR BTD FOR HYDRAUL][C CYLINDERS AND
VALVES/PARTS AND REPAIRS", BID #036-2516-0:[/KR, for one (1)
additional year to Construction Hydraulics, Inc., of Lake Worth, Florida, at
the hourly shop rate of $35.00 with an estimated annual expenditure of
$35,000
2
City ofBoynton Beach
Agenda
Regular City Commission Meeting
February6,2001
Approve the "SOLE SOURCE" PURCHASE OF CO2 DETECTORS AND
AUTOMATIC EXTERNAL DEFIBRILLATORS (AED) from Medtronic Physio-
Control at a total cost of $56,587
Approve the piggyback of the SCHOOL BOARD OF PALM ~ COUNTY
RFP #00C-0103 to South Florida Trane Service for OF
CITY HALL CHILLER #2 in the amount of $25,015
Utilize the STATE OF FLORIDA SNAPS
Southern for the PURCHASE OF
STATIONS in the amount of .~
TEN (10) LIFT
Award
WATER
AT
I.P. Painting, Inc.
17,885
Award the AND UNUSED DIESEL
BID #028-2516-01/KR, to
Even amount of $23,087.15
~HYDROUS AMMONIA'; BID #026-2821-01/KR, to
Inc., in the amount of $89,264/City Utilities portion
10.
Award the "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATiON
SUPPLIES'; BID #018-1412-01/KR, to various vendors for an annual
estimated expenditure of $30,000
Resolutions:
Proposed Resolution No. R01- Re: Appointing the Palm
Beach County Supervisor of Elections to handle and canvas all City
absentee ballots for the March 13, 2001 General Election, and if it
becomes necessary, a Run-Off Election which will be held on March 27,
2001, to represent the Municipal Canvassing Board at all Logic and
Accuracy Tests, and certify election results
Proposed Resolution No. R01- Re: Approving Water
Service Agreements with Donald K. Dorial and .lames W. Keen for a 6.21
acre parcel of land located along the east side of Military Trail on the
north side of the LWDD L-21 canal
City ofBoynton Beach
Agenda
Regular City Commission Meeting
February6,2001
10.
Proposed Resolution No, R01- Re: Accepting Letter of
Credit No. 10847 from City National Bank in the amount of $38,497.80 as
surety for the water and sewer improvements for the Eckerd's at U.S.
Highway #1 project
Proposed Resolution No. RO:I- Re: Authorizir
Mayor and City Clerk to execute the sixth (6th) amendm~
Site Lease and .]oint Use Agreement between
and AT&T Wireless and Palm Beach
the
Tower
Beach
Proposed Resolution of collective
bargaining
Re:
a NCF&O
Resolution
perform Fire
of
consultant to
Pro
Re: Authorizing the City Manager
gn and Construction of Library Renovation
Resolution No. R01- Re: Approving the Consulting
the City of Boynton-Beach and the Boynto~
Beach Community Redevelopment Agency
Proposed Resolution No, R01- Re: Rati~ing the action of the
South Central Regional Wastewater Treatment and Disposal Board of
January 18, 2001:
Authorization to renew contract with New Look Lawn Services
dated March l, 2000 for the sum of $1,400 per month for the
length of the contract in the north area and an additional sum of
$1,000 per month for the length of the contract in the south area.
Contract will be in effect for one year but may be extended for an
additional one-ear term.
Approve authorization to expend $15,000 from Repair &
Replacement Fund to purchase Vogelsang Sludge Pump and Gear
Motor.
Co
Approve authorization to expend $11,000 from Repair &
Replacement Fund to install a Vogelsang Rota Cutter in waste line
to centrifuges.
City of Boynton Beach
Agenda
Regular City Commission Meeting
February 6, 2001
Approve authorization to expend $15,000 from Repair &
Replacement Fund on an emergency basis to replace and upgrade
"A" Plant scrubber system including control panel upgrade,
resurfacing pads and drain system and reconditioning scrubber
fan and motor drive.
Approve authorization to expend $15,000 to
Plug Valves from Repair and Replacement Fund
basis in "A" Plant PAS building.
Dezurik
Approve authorization Dm Repair &
Replacement Fund on to replace "B" Plant
eriter into &
Inc. dated Flarch
of janitorial services, t will be for one
year but may be
Ratification of Planning
Buffer Wall (1532 S. Federal Highway) -
for a variance from City of Boynton Beach Land Development
2 - Zoning, Section 4.L - Buffer Walls, to allow a six
high chain linked fence along the south property line in lieu of the
required six foot concrete block wall to separate the Riverwalk Plaza from
the abutting residential district
Accept proposal from BAE Systems ADR for the aerial photography required to
update Utilities service area planimetfic base maps for an expenditure not-to-
exceed $21,060
Approve the expenditure of $25,830 from i-FS Account #001-1510-513-6415 to
Pomeroy computer Resources, Inc. for 15 HP Laser]et 4050 printers from State
Contract #250-040-99-1
Approve the purchase of 47 laptop computers and related equipment from
Southern Computer Supplies in the amount of $124,895.91 for the Police
Department
Approve the expenditure of $25,000 to repair a failed sewer line
Establish one regularly scheduled meeting of the Planning & Development Board
on the fourth Tuesday of each month
5
City of Boynton Beach
Agenda
Regular City Commission Meeting
February 6, 2001
Name Pond "B" Contest
VZZ. PUBLZC HEARZNG: 7:00 P.M. OR AS SOO
A. Project: Sonny's Bar-Q
Agent:
Owner:
n
~ Wai,Mart
Old
Request for conditional
a 6,103 square foot
ancillar
the
site
;RMZTS
;onstruct
204 seats'and an
1.91 acre outparcel of
February 12, 2001 with CRA, Planning & Development Board
of Commerce
Develop Priorities for Funding Improvements and Addressing Swales and
Stormwater Catchment Systems (February 20, 2001)
Outdoor Dining Ordinance [February 20, 2001)
Presentation by Public Works regarding procedures for handling storm related
debris removal - .left Uvergood, Public Works Director (February 20, 2001)
Revocation of Orbit's Conditional Use Approval (February 20, 2001)
Traffic Management/Calming Program Implementation by leff Livergood, Public
Works Director (Narch 6, 2001)
Future Annexation Areas (April 2001)
~X. DEVELOPMENT PLANS:
6
City of Boynton Beach
Agenda
Regular City Commission Meeting
February 6~ 2001
F'roclamatlon for tile General Election
Approve American Heart Association's Special Event
conduct the American Heart Walk on February 24, 2001 at Qu~
Park Trail and Motorola property
X!. LEGAL:
uest to
Co
o~her si-miler es;cabli~hme lude acous~i~:"-s-0~J~
,h~ape establishments
Re: Amending Chapter 2.
require that minimum parking requirements for
units be changed from 2 spaces for the first
1.5 spaces, and that Chapter 2.5 Planned Unit Development,
9.C be amended to reference the parking requirements within
Chapter 2, Zoning, Section ll.H
Ordinances - 1~ Reading
Proposed Ordinance No. 01- Re: Amending
Ordinance No. 01-03 regarding the 14.18 acre parcel, located on the west
side of SW 8t~ Street, approximately 1/8 mile north of Woolbright Road;
Amending Ordinance 89-38 by amending the Future Land Use Element of
the Comprehensive Plan by adopting the proper land use from Local
Retail Commercial (LCR) to High Density Residential (HDR)
Resolutions:
None
Other:
None
7
XII, UNFINISHED BUSINESS:
XIII, OTHER:
A. Informational Items by members of the City Commission
IF A PERSON
COMMISSION W[TH RESPECT TO ANY HA'~-FER CONSIDERED AT THIS
FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
) INCLUDES THE TES-~MONY AND EV[DENCE UPON WHICH THE APPEAL IS TO BE BASED.
~PPROPRIAI~E AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN
PARTICIPATE IN AND EN~OY THE BENEFt'FS OF A SERVICE, PROGRAM, OR AC-FIvI'rY CONDUCTED BY THE CITY. PLEASE
T ]OYCE CO~FELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTWII'Y IN ORDER FOR THE
CITY TO ~EASONABLY ACCOMMODATE YOUR REQUEST.
FINAL DRAFT - 01/30/2001 8:13 AM
\\CH\MAIN\SH RDATA\CC\WP\CCAGENDA~GENDAS\020601'DOc
IMP
Requested City Commission
Meeting Dates
[] November 21, 2000
[] December 5, 2000
[] December 19, 2000
[] January 2, 2001
V-CONSENT AGENDA
Item B-1.
cITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned Requested City Commission
in to CiW Clerk's Office Meeting Dates
November 9, 2000 (5:00 p.m.) [] January 16, 2001
November 22, 2000 (5:00 p.m.) [] February 6, 2001
December 6, 2000 (5:00 p.m.) [] February 20, 2001
December20,2000 (5:00p.m.) [] March6,2001
Date Final Form Must be Turned
in to Ci~ Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 200I (5:00 p.m.)
Felnua~ 21, 2001 (5:00 p.m.I
NATIVE OF
AGENDA ITEM
[] Adminislrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: A motion to award the: "RE-BID FOOD CONCESSIONAIRE FOR THE GREAT
AMERICAN LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL - 2001 Bid# 023-2710-01/CJD to: SAN
~ISCO PUFFS & STUFF of Ft. Lauderdaie, Florida for the FOOD PORTION ONLY with an income of
0.
CONTRACT PERIOD:
FEBRUARY 16, 2001 TO FEBRUARY 15, 2002
EXPL~_NATION: On December 27, 2000, Procurement Services received and opened one (11 bid for the FOOD
CON(~ESSIONIARES FOR THE GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) AND THE CULTURAL
FESTIVAL 2001". After review of the one (11 proposal for FOOD ONLY,. it has been determined that SAN
FRANCISCO PUFFS & STUFF of Ft. Lauderdaie, is a responsive, responsible bidder who meets ail specifications.
Bob HOwell, GALA Chairperson concurs with this recommendation (see attached memo #01-031.
PROGRAM IMPACT: The purpose of this bid was to seek vendors to provide concessionaire services for the "2001
GRE~T AMERICAN LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL" to be held March 16, 17, 18. 2001,
locate~ at the intersegtion of Ocean Avenue and Seaerest Blvd, Boynton Beach, Florida that attracts approximately
40-50,000 people.
FISC .P~L IMPACT: WE WILL RECEIVE $12,500.00 from San~ of Ft. Lauderdaie,
Florida.
Deputy Director o f Frfiancial Services ~ - City Menager's Signature
Department Name
City Attome~]'l~Inance / Human Resources
C: Bob Hi.ell
File
Recreation GALA Chah'person
s :kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R01-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE REBID FOR FOOD
CONCESSIONAIRE FOR THE GREAT AMERICAN
LOVE AFFAIR (G.A.L.A.) AND CULTURAL
FESTIVAL 2001 TO SAN FRANCISCO PUFFS &
STUFF OF FORT LAUDERDALE, FLORIDA;
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE CONTRACT
DOCUMENTS BETWEEN THE CITY OF
BOYNTON BEACH AND SAN FRANCISCO PUFFS
& STUFF OF FORT LAUDERDALE, FLORIDA,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, upon recommendation of staff, the City Commission of the City
of Boynton Beach does hereby approve the rebid for the Food Concessionaire for the
GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) and CULTURAL FESTIVAL
2001 to San Francisco Puffs & Stuff of Fort Lauderdale, Florida.
NOW, THEREFORE, BE IT RESOLVED BY ~ CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
hereby approves the rebid for the Food Concessionaire for the GREAT AMERICAN
LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL 2001 to San Francisco
Puffs & Stuff of Orlando, Florida, a copy of that Agreement is attached hereto as
Exhibit ~'A''.
Section 2. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this
FLORIDA
day of February, 2001.
CITY OF BOYNTON BEACH,
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
(FOOD CONCESSIONAIRE)
AGREEMENT
THIS AGREEMENT made this .day of ,_by
and between SAN FRANCISCO PUFFS & STUFF (hereinafter referred to as
"CONCESSIONAIRE) and CITY OF BOYNTON BEACH (hereinafter referred to as
"CITY"), hereby stipulated and agree to the following: WlqEREAS,
CONCESSIONAIRE has been awarded the food concession rights for G.A.L.A.
scheduled for March 16,17, 18, 2001, to be located at the Intersection of Ocean Avenue
and Seacrest Blvd., Boynton Beach, Florida, according to the following conditions as
submitted in the CONCESSIONAIRE'S bid document:
o
CONCESSIONAIRE is responsible for ail food vendor site planning, booth
construction, set-up, clean-up and steam clean cooking area after the event.
CONCESSIONAIRE will provide professional food vendors offering a variety of
menu items to sufficiently serve an expected crowd of 40,000 persons over the 3-day
period of the festival. With G.A.L.A. Committee approval, the CONCESSIONAIRE
may, in addition, utilize snack carts to supplement vendor stands.
CONCESSIONAIRE will provide between five (5) and ten (10) locai, non-profit
organizations to serve as food vendors. The G.A.L.A. committee shall provide a
roster of such organizations who have previously participated and who shall be given
first right-of-refusal privileges for 2001. "
The non-profit organizations (excluding any organization bidding on this project)
shall retain 100% of their gross revenue and their entry fee shail be $125.00.
CONCESSIONAIRE shall contract for ice service for all concession operations.
CONC~SIONAIRE will pay the CITY 100% of the non-profit entry fee and provide
a complete listing of ail entries and the total of listed entry fees collected.
CONCESSIONAIRE will serve beverages such as hot cocoa, coffee and lemonade.
No juice drinks. No soda. No water. No iced tea. No sport drinks. Due to sponsor
agreements, the G.A.L.A, Committee reserves the right to designate the
productYbrand sold.
CONCESSIONAIRE will provide fifteen (15) round picnic tables, sixty (60) chairs,
fifteen (15) umbrellas as indicated below:
Food Court Area:
15 round picnic tables
60 chairs
15 umbrellas
CONCESSIONAIRE shall pay the CITY a minimum flat fee of $12,500.00 in cash,
Twenty percent (20%) due upon the bid award by Boynton Beach CITY Commission
and eighty percent (80%) due no later than March 13, 2001.
10. In addition, please list anything else you could provide, in-kind or cash, to be
considered in this bid evaluation.
11. CONCESSIONAIRE shall be available to meet with the G.A.L.A. Committee to
discuss program format or any other pertinent information.
12. CONCESSIONAIRE shalI assume the responsibility for all p,mdts for all food
vendors as required by the Palm Beach County Health Department.
13. CONCESSIONAIRE shall provide a list of potential vendors no later than February
9, 2001. along with a sample menu for the Committee's review and approval.
14. CONCESSIONAIRES shall procure and maintain for the duration of the agreement
Insurance against claims for damages to persons or property that may arise f~om or in
connection with the CONCESSIONAIRE'S operation. The cost of such insurance
shall be borne by the CONCESSIONAIRE. Insurance Companies must maintain a
B+ rating or higher as deteiitiined by A.M. Best Co.
a. Worker's Compensation: If CONCESSIONAIRE falls under the
State of Florida's Worker's Compensation Law, coverage shall be
-- provided for all employees. The coverage shall be for statutory
limits in compliance with the applicable state and federal laws.
The policy must include Employer's Liability with a limit of
$100,000 each accident.
bo
Comprehensive General Liability: Coverages shall be provided for
· ~ all products and/or services provided by concessionatre.
Limits of coverage shall be based on the operation and exposure at
hand. Minimum acceptable coverage limits shall be $1,000,000.00.
Business Auto Policy: Not required unless there is a specific
relationship to the contract. If required, the same limits listed
under Comprehensive General Liability shall apply. This shall
include Owned Vehicles, Hired and Non-owned Vehicles, and
Employee non-ownership;
do
Deductibles and Self-Insured Retention: Any deductibles or self-
insured retention must be declared to and approved by the CITY.
At the option of the CITY, either the insurer shall reduce or
eliminate such deductibles or seif-insured retention as respects the
CITY, its Officers, Officials, Employees or Volunteer;, or the
CONCESSIONAIRE shall procure a bond guaranteeing payment
of losses and related investigation, claims administration and
defense expenses.
THE POLICIES ARE TO CONTAIN OR BE ENDORSED TO CONTAIN
THE FOLLOWING PROVISIONS:
eo
The CITY of Boynton Beach, its Officers, Officials, Employees
and Volunteers shall be included as an Additional Insured on both
the Comprehensive General Liability, Business Auto Liability and
Umbrella Policies, The coverage shall contain no limitations on
the scope of protection afforded to the CITY, its Officers,
Employees or Volunteers.
Current, valid insurance policies meeting the requirements herein
identified shall be maintained during the" duration of the named
project and shall be endorsed to state that coverage shall not be
suspended, voided or cancelled by either party, reduced in
coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to
the CITY.
It shall be the responsibility of the CONCESSIONAIRE or insure
that all Sub-lessees/Users complY with the same insurance
requirements that he is required to meet.
CONCESSIONAIRE shall inform his insurer to furnish, directly.to
the CITY of Boynton Beach Risk Management Depa~iment,
Certificates of Insurance with original Endorsements affecting
coverage required within. The Certificates and Endorsements for
insurance policies are to be signed by a person authorized by that
insurer to bind coverage on its transmittal correspondence
displaying insurer's letterhead. Certificates are to be received and
approved by the CITY before activity commences. The CITY
reserves the fight to require complete copies of all required
insurance policies at any time.
CONCESSIONAIRE'S insurance coverage shall be primary
insurance as respect to the CITY, its Officers, Officials, Employees
and Volunteers. Any insurance or self-insurance maintained by the
CITY shall be excess of the CONCESSIONAIRE'S insurance and
shall not contribute to it.
15. The CITY of Boynton Beach reserves the right to renew this contract for one (1) year,
with vendor approval, for future G.A.L.A.'S.
16. CONCESSIONAIRES shall provide to the CI .T~Y, as a part of the bid, a list of
festivals, fairs, and shows (including prior G.A.L.A. food and beverage experience)
for which they have served as CONCESSIONAIRE in the past four (4) years to
include the name, address and phone number of the person or persons with whom
they have contracted.
17. CONCESSIONAIRE will submit a design plan for approval by G.A.L.A. Committee
by February 9, 2001. The plan will include a layout or plan, sketch of the element
and color swatches or chips (or photographs). All food areas must be contained with
committee approved fencing or enclosures.
IN WITNESS WItEREOF, The parties hereto have caused this
agreement to be executed as of the day and year first above-written, in on (1)
counterpart of which shall for all purposes be deemed the original,
ATTEST:
CITY OF BOYNTON BEACH
PALM BEACH COUNTY, FLORIDA
By
CITY CLERK MAYOR
(CITY SEAL)
ATTEST:
CONTRACTOR
AUTHORIZED OFFICER
TITLE
(CORPORATE SEAL)
CONTRACT DOCUMENTS:
Approved at to correctness and
form:
CITY ATTORNEY
RECREATION DEPARTMENT
MEMORANDUM NO. 01-03
TO:
VIA:
FROM:
Bill Atldn~, Deputy Director of Finanei~,Services
Wally Majors, Recreation Director
Bob Howell, Chairperson for GALA Concessions
DATE: 1/10/01
SUBJECT: GALA CONCESSIONAIRE (FOOD &BEVERAGE) Bidg009-2710-01/CJD
My recommendation would be to accept thc bids from Kiwanis Club of Boynton Beach for
beverage and San Francisco Puffs & Stuffs for the food. The beverage & food concessionaires
will apply to The Great American Love Affair (GALA) and Cultural Festival - 2001.
RECEIVED
122001
Requested City Commission
Mecfin~ Dates
[] November 21. 2000
[] December 5. 2000
[] December 19, 2000
[] January 2, 200I
V-CONSENT AGENDA
ITEM B-2
CITY OF BOYNTON BEACH:,
AGENDA ITEM REQUEST FORM'
Date Final Form Must be Turned
in to Ciw Clerk's Office
November 9. 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6. 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meet~n~ Dates
[] Januar~ 16. 2001
[] February6 2001
[] Febmary 20, 2001
[] March 6, 200I
Date Final Form Must be Turned
in to City Clerk's Office
January 3, 200i (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 200I (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: A motion to award the: "BEVERAGE & FOOD CONCESSIONAIRES FOR THE GREAT
AMERICAN LOVE AFFAIR (G.A.L.A.) AND THE CULTURAL FESTIVAL 2001" Bid# 009-2710-01/CJD to:
KIWANIS CLUB of Boynton Beach, Florida for the BEVERAGE PORTION ONLY with an income of 25% of Net
Beverage proceeds.
CONTRACT PERIOD:
FEBRUARY 16, 2001 TO FEBRUARY 15, 2002
EXPLANATION: On November 16. 2000, Procurement Services received and opened one (1) bid for the
BEVERAGE & FOOD CONCESSIONAIRES FOR THE GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) AND
THE CULTURAL FESTIVAL 2001'. After review of the one (1) proposal for BEVERAGE ONLY, it has been
determined tl~at Kiwanis Club of Boynton Beach is a responsive, responsible bidder who meets all specifications. No
responses were received for the Food Concessionaire. Bob Howell, GALA Chairperson concurs with this
recommendation (see attached memo).
PROGRAM IMPACT: The purpose of this bid was to seek vendors to provide concessionaire services for the "2001
GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL" to be held March 16, 17, 18, 2001,
located~t ~hO intersection of Ocean Avenue and Seacrest Blvd., Boynton Beach, Florida that attracts approximately
40-50,01}0 people. -
FISCAL IMPACT: WE WILL RECEIVE 25% of net beverage proeee~,s fr~Kiwanis Club of Boynton Beach
~~ City M ~a~ager's Signature
i Deputy Director of Financial Services
Procurement Services
Department Name
City Attorl~nanee / Human Resources
C: Bob Howell
File
Recreation GALA Chakperson
S ABULLET1N~FORMS~AGENDA ITEM REQUEST FORM.DOC
RBSOLUTION NO. ROI-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING BID#009-2710-01/CJD FOR
BEVERAGE CONCESSIONAIRE FOR THE GREAT
AMERICAN LOVE AFFAIR (G.A.L.A.) AND
CULTURAL FESTIVAL 2001 TO KIWANIS CLUB
OF BOYNTON BEACH, FLORIDA;
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE CONTRACT
DOCUMENTS BETWEEN THE CITY OF
BOYNTON BEACH AND KIWANIS CLUB OF
BOYNTON BEACH, FLORIDA, AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, upon recommendation of staff, the City Commission of the City
~f Boynton Beach does hereby approve the bid for the Beverage Concessionaire for
the GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) and CULTURAL FESTIVAL
2001 to Kiwanis Club of Boynton Beach, Floridm
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,
tereby approves the bid for the Food Concessionaire for the GREAT AMERICAN
LOVE AFFAIK (G.A.LA.) AND CULTURAL FESTIVAL to Kiwanis Club of
Boynton Beach, Florida, a copy of that Agreement is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this
?LORIDA
~TTEST:
City Clerk
(Corporate Seal)
day of February, 2001.
CITY OF BOYNTON
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
BEACH,
(BEVERAGE CONCESSIONAIRE)
AGREEMENT
THIS AGREEMENT made this day of between KIVqANIS CLUB
OF BOYNTON BEACH hereinafter referred to as "CONCESSIONAIRE) and the CITY OF
BOYNTON BEACH (hereinafter referred to as "CITY"), hereby stipulated and agrees to the
following:
WHEREAS, CONCESSIONAIRE has been awarded the beverage concession rights for
G.A.L.A. scheduled for Match 16, 17, 18, 2001, to be located at the Intersection of Ocean
Avenue and Seacrest Blvd., Boynton Beach, Florida, according to the following conditions as
submitted in the CONCESSIONAIRE,S bid document:
CONCESSIONAIRE awarded the contract shall assume beverage rights based on the following
list of specifications. Beverages are defined as soda, bottled water, iced tea, juice drinks, sports
drinks only. Due to sponsor agreements, the G.A.L2A. Committee reserves the right to designate
the product/brand sold.
CONCESSIONAIRE is responsible for all beverage set-up and Clean-up.
CONCESSIONAIRE will provide a minimum of three- (3) beverage Waller or stations to be
placed at locations which are mutually agreed upon between the CONCESSIONAIRE and the
CITY. If beverage trailers are not used, each beverage station shall have a 10' x 10' white
canopy tent and clean counter service area.
CONCESSIONAIRE will serve only beverages such as soda, bottled water, iced tea, juice
drinks, and sports drinks only.
CONCESSIONAIRE agrees to store all supplies out of view of event spectators.
CONCESSIONAIRE shall pay the CITY a flat fee of 25% OF THE BEVERAGE NET
PROCEEDS. _
In addition, please list anything else you could provide, in-kind or cash, to be considered in this
bid evaluation. _
CONCESSIONAIRE shall be available to meet With the G.A.L.A. Committee to discuss
program format or any other pertinent information.
CONCESSIONAtl~ shall assume the responsibility for all permits as required by the Palm
B~ach County Health Department.
CQNCESSIONAIRES shall procure and maintain for the duration of the agreement insurance
against claims for damages to persons or property that may arise from or in connection with the
CONCESSIONAIRE'S operation. The cost of such insurance shall be borne by the
CQNCESSIONAIRE. Insurance Companies must maintain a B+ rating or higher as determined
b3f A.M. Best Company.
Worker's Compensation: If CONCESSIONAIRE falls under the State of
Florida's Worker's Compensation Law, coverage shall be provided for alt
employees. The coverage shall be .for statutory limits in compliance with
the applicable state and federal laws. The policy must include Employer's
Liability with a limit of $100,000 each accident.
Comprehensive General Liability: Coverages shall be provided for all
products and/or services provided by concessionaire.
Limits of coverage shall be based on the operation and exposure at hand.
Minimum acceptable coverage limits shall be $1,000,000.00.
Business Auto Policy: Not required unless there is a specific relationship
to the contract. If required, the same limits listed under Comprehensive
General Liability shall apply. This shall include Owned Vehicles, Hired
and Non-owned Vehicles, and Employee non-ownership.
Deductibles and Self-Insured Retention: Any deductibles or serf-insured
retention must be declared to and approved by the CITY. At the option of
the CITY, either the insurer shall reduce or eliminate such deductibles or
self-inanred retention as respects the C1TY, its Officers, Officials,
Employees or Volunteer; or the CONCESSIONAIRE shall procure a bond
guaranteeing payment of losses and related investigation, claims
administration and defense expenses.
THE POLICIES ARE TO CONTAIN OR BE ENDORSED TO CONTAIN TNE
FOLLOWING PROVISIONS:
The CITY of Boynton Beach, its Officers, Officials, Employees and
Volunteers shall be included as an Additional Insured on both the
Comprehensive General Liability, Business Auto Liability and Umbrella
Policies. The coverage shall contain no limitations on the scope of
protection afforded to the CITY, its Officers, Employees or Volunteers.
2
f.
Current, valid insurance policies meeting the requirements herein
identified shall be maintained during the duration of the named project and
shall be endorsed to state that coverage shall not be suspended, voided or
cancelled by either party, reduced in coverage or in limits except after
th/rty (30) days prior written notice by certified mail, return receipt
requested, has been given to the CITY~
It shall be the responsibility of the CONCESSIONAIRE or insure that all
Sub-lessees/Users comply with the same insurance requirements that he is
required to meet.
CONCESSIONAIRE shall inform his insurer to furnish, directly to the
CITY of Boynton Beach Risk Management Department, Certificates of
Insurance with original Endorsements affecting coverage required within.
The Certificates and Endorsements for insurance policies are to be signed
by a person authorized by that insurer to bind coverage on its transmittal
correspondence displaying insurer's letterhead. Certificates are to be
received and apprOved by the CITY before activity commences. The
CITY reserves the right to require complete copies of all required
insurance policies at any time.
CONCESSIONAIRE'S insurance coverage shall be primary insurance as
respect to the CITY, its Officers, Officials, Employees and Volunteers.
Any insurance or self-insurance maintained by the CITY shall be excess
of the CONCESSIONAIRE'S insurance and shall not contribute to it.
The CITY of Boynton Beach reserves the right to renew this contract for one (1) year, with
vendor approval, for future G.A.L.A.'S.
CONCESSIONAIRES shall provide to the CITY, as apart of the bid, a list of festivals, fairs, and
shows (including prior G.A.L.A. beverage experience) for which they have served as
CONCESSIONAIRE in the past four (4) years'to include the name, address and phone number
of the person or persons with whom they have contracted.
3
IN WITNESS WHEREOF, The parties hereto have caused this
agreement to be executed as of the day and year first above-written, in on (1)
counte~art of which shall for all purposes be deemed the original.
ATTEST:
CITY CLERK
(CITY SEAL)
ATTEST:
TITLE
(CORPORATE SEAL)
COJXrrP, ACT DOCUMENTS:
CITY OF BOYNTON BEACH
PALM BEACH COUNTY, FLORIDA
By.
MAYOR
CONTRACTOR
AUTHORIZED OFFICER
Approved as to correctness
and form:
CITY ATTORNEY
4
RECREATION DEPARTMENT
MEMORANDUM NO. 01-03
TO:
VIA:
FROM:
DATE:
SUBJECT:
Bill Atkins, Deputy Director of Financial~Services
Wally Majors, Recreation Director
Bob Howell, Chairperson for GALA Concessions
1/10/01
GALA CONCESSIONAIRE (FOOD &BEVERAGE) Bid#009-2710-01/CJD
My recommendation wOuld be to accept the bids from Kiwanis Club of Boynton Beach for
beverage and San Francisco Puffs & Stuffs for the food. The beverage & food concessionaires
will apply to The Great American Love Affair (GALA) and Cultural Festival - 2001.
RECEIVED
9001
Requested City Commission
Meeting Dates
[] November 21. 2000
[] December 5. 2000
[] DeCember 19. 2000
[] Jatlv~ty 2. 2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
November 9, 2000 ~5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Comrdssion
Meeting Dates
[] January 16, 2001
[] February 6, 2001
[] February 20,2001
[] March6. 2001
V-CONSENT AGENDA
ITEM B-3
Date Final Form Must be Turned
in to City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.rm)
February 21, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Adminis~ative [] Development Plans
[] Consent Agenda [] New Business
[] Public Heating [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOIVIMENDATION: A motion to extend the "TWO YEAR BID FOR HYDRAULIC CYLINDERS
AND VALVES/PARTS AND REPAIRS", Bid g036-2516-01/KR for one (1) additional year to
CONSTRUCTION HYDRAULICS, INC., of Lake Worth, Florida, at the Hourly Shop rate of $35.00 with an
estimated annual expenditure of $35n000.00.
CONTRACT RENEWAL PERIOD: MARCH 2, 2001 TO MARCH 2, 2002
EXPL~ATION: At the Commission meeting of February 15, 2000, this bid was extended to Construction
Hydraphcs, Inc. for an additional one year period. This vendor has provided us w~th prompt, professional service
throughout this contract period. The bid will expire on March 1, 2001; but, according to the Terms and Conditions,
we have the option to renew this bid and extend the prices for one final year, provided both parties agree (see
attached letter from Construction Hydraulic, Inc.). Jeffrey Livergood, Public Works Director and Robert Lee, Fleet
Administration concur with this recommendation (see attached Memo #01-008).
PROC RAM IMPACT: This bid supports all major hydraulic system rebuilds; minor valve repairs and adjustments;
all hy{ raulie cylinder and pump repairs; and all special parts that are needed.
BUDGET ACCOUNT
FleetMaintenance
501-2516-519.46-31
FISC/L IMI'ACT:
S:klgLrL~ETINkFORMS~AGENDA ITEM REQUEST FORM.DOC
ESTIMATED ANNUAL EXPENDITURE
$ 35,000.00
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:
Deputy Director of Financial Services
City Manager's Signature
Procurement Services
Depar'anent Name
City Attorney / Finance / Human Resources
/ktr
cc: Jeffrey Livergood, Public Works Director
Robert Lee, Fleet Administration
File
S:XBULLET1/q~FORMS~AGENDA ITEM REQUEST FORM.DOC
City of
Bofnton Beach
Procurement Se~tces
I00 E. Bo~nton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33~-0310
Tel~one No: (561) 74~-~0
F~: (561) 742-6306
January 3, 2001
NAME OF BID:
TwO YEAR BID FOR HYDRAULIC CYLINDERS AND VALVES
PARTS AND REPAIRS
035-2516-00/KR
Agreement between the City of Boynton Beach, Owner; and
CpNSTRUCTION ItYDRAULICS. INC.
'/
Yes, I agree to extend the existing contract, under the same Terms and Conditions, for
additional year.
No, I do not agree to the extension of this contract.
NAME OF COMP4kNY
SIGNATURE
N
D
~3VlE OF REPRESENTATIVE
(please print)
TITLE
(AREA CODE) TELEPHONE NUMBER
America's Gat~ay to ~he Gulfstream
To:
Thru:
From:
Subj:
Date:
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM #01-008
Bill Atkins, Deputy Director of Finance
Jeff Livergood, Director of Public Work~9~l_/
Robert H. Lee, Fleet Administration ~
Contract Extension
January 16, 2001
REC£IVED
J~,N 16 2001
[RJRGHASING DEPT~
Fleet Maintenance would like to extend for one additional year, the current
"Hydraulic Repair Contract", bid #035-2516-00/KR, with Construction
Hydraulics. This contract supports all major hydraulic system rebuilds,
minor valve repair and adjustments, all hydraulic cylinder and pump repairs
and all special parts that are needed. These are areas that fleet can not
completely handle within our facility using current staffing, therefore the
need for outsourcing. We have received nothing but prompt professional
service over the past three years of this contract and see no reason not to
expect the same over the next 12 months.
Fleet Maintenance estimates expenditures with this vendor to be
approximately $35,000 over the contract period. We will continue utilitize
our Fleet-Maintenance account #501-2516-519-46-31.
Copy: Ramon Dauta, Fleet Supervisor
Ed Brenner, Service Writer
Requested Cit~ Cormmsmon
Meefin~ Dates
[] November2l 2000
[] December 5, 2000
[] Deeember 19, 2000
[] January 2, 2001
CITY OF BOYNTON BEACI - ,
Aa} NDA ITE I m Q JEST
Date Final Form Must be Turned Requested City Commission
in to City Clerk's Office Meeting Dates
November 9, 2000 (5:00 p.m.) [] Januaw 16, 2001
November 22, 2000 (5:00 p.m.) [] February 6. 2001
December6,2000 (5:00p.m.) [] February20,2001
December20,2000 (5:00p.m.) [] March6,2001
V-CONSENT AGENDA
ITEM B-4
Date Final Form Must be Turned
in to City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21,200I (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfini~lied Business
[] Announcement [] Presentation
RECOMMENDATION: MOTION to approve the "SOLE SOURCE" PURCHASE OF CO2 DETECTORS AND
AUTQMATIC EXTERNAL DEFIBRILLATORS IAED) from MEDTRONIC PHYSIO-CONTROL at a total cost of
$56,587.00.
EXPLANATION: Procurement Services Division received a request from Fire Department to purchase six (6) CO2
Detectors at a cost of $25.647.00, end t7 LifePak 500 Automatic External Defibrillators at a cost of $30,940.00 from
Medtr0nic Physio-Control as a "sole source" purchase. The prices provided on the CO2 Detectors reflect a discount of 17%,
and the price on the AED units are discounted at 50%.
Procurement Services Division request Commission's review, evaluation and approval.
PROGRAM IMI~ACT: The CO2 Detectors are a retrofit installation to the current Physio-Control cardiac monitors used by
Fire Department, end the AED's provide crrmpaffbility with the ALS monitor/defibriliatiun. This compatibility is important
due to the use of common patient monitoring and defibrillation electrodes.
FISCAL IMPACT: Funding is provided on a reimbursement basis through Palm Beach County EMS Grant #C0050.
Account Descrimtion Account Number
GENERAL EQUIPY,.ENT 105-3202-513-64-02
cc: Jim
Fil~
Deputy Director of Financial Services
Procurement Services.
Deparmaent Name
Ness- Fire Department
Budder
$ 56,592.00
· "- - ~t~anager's Signature
City Atromey / Finance / Human Resources
SABUL 2ET1N~FORMS~AGENDA ITEM REQUEST FORM.DOC
Fire Department Memorandum 01-003
To: Bill Atkins.
From: Deputy ChiefJ. Ness's's's's's's's's~x~
Date: January 2, 2001
Re: Agenda Request - Automatic EXternal Defibrillators & CO2 Detectors
Attached for your action are two requests for purchases from the Medtronic Physio-Control
Company. These purchases are the result of a grant award received from the Palm Beach County
EMS Division. The grants were awarded on September 7, 2000 (see attached), the purchase was
delayed until the county received their funding from the state EMS office. These grants pay for '
100% of the purchase price of the equipment approved for purchase. The City of Boynton Beach
must make the purchases first and then a reimbursement will be 9btalned. Physio-Control is a
sole source vendor supplying this equipment (see attached). Physio-Control must suppl~, the
CO2 detectors as they are a retrofit installation in our current Physio-Control cardiac monitors.
Physio-Control also was selected to provide the AEDs since they are the only vendors who can
provide compatibility between our ALS monitor/defibrillators and the AEDs. This compatibility
is important due to the use of common patient monitoring and defibrillation electrodes. Upon
arrival of our paramedic personnel these electrodes can be simply switched between the AED
and our Fire Rescue monitors. These same AEDs were purchased sole source for the City's golf
course and lifeguards on a similar grant last year.
17 LifePak 500 AEDs at $30,940.00
6 C02 detectors for installation in our LifePack 12 EKG monitors at $25,647.00
I have attached all the necessary documentation to enable you to place this on the next
commission agenda. You will have to provide a reimbursable account since we do not budget
for these types of grant awards.
Your assistance is appreciated.
Attachments
Department of Public $afe~y
Division of Emergency Management
)fflce of Emergency Medical Services
20 S. Miiitary Trail
West Palm 5~ach, ~L 33415
(561) 712-6400
FAX: (561~ 712-6449
County Administrator
Robert Weisma~
Affirma~ve AeOn £mployer'
November 27, 2000
Deputy Fire Chief James Ness
Boynton Beach Fire Rescue
i C;0 E. Bo~uic, n Bcacii Bix d.
Boynton Beach, F:L 33435
Dear Deputy Chief Ness:
Re: Grant C0050
The Palm Beach Count3' Office of EMS has approved $25,647.00;
$30,945.00; and rollover of $21,000 in FY 2000 EMS grant funds for your
agency from the State of Florida EMS County Grant Award Program.
Prior m any expenditures, our agency requires a resolution and a letter of
confirm~ition from YOUr agency's administrator concurring with the amount
of the'award, activi~ and expenditure plans, and assurance that your agency
will comply with mate and cotinty grant requirements, including reporting. In
addition, any proposed changes require approval from our office prior to any
expenditures, or reimbursement cannot be guaranteed.
Enclosed is your agency's grant activity and expenditure plan. All
reimbursement requests are due by Friday, September 28, 2001. After this
date, we will not guarantee reimbursement. The earlier we receive your
request, the earlier we can re~nmurse your agency.
If you have any questions, please call me at 712-6480. Last year's EMS
Grant activities went reD' well, thank you for your cooperauon.
~er
Div. Of Emergency Management
Eric.
RESOLUTION NO. RO 00-/~',¢
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA. ACCEPTING
THE PALM BEACH COUNTY EMERGENCY MEDICAL
SERVICE GRANT IN THE AMOUNT OF $56,592,
PROVIDING FOR THE PURCHASE OF SEVENTEEN (17)
AUTOMATIC EXTERNAL DEFIBRILLATORS (AED)AND
SlX (6) CARBON DIOXIDE MONITORS; AUTHORIZING
AND DIRECTING THE MAYOR AND CiTY CLERK TO
EXECUTE SAID AWARD; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Legislature has provided for a program that makes funds
available to local emergency medical services programs; and
WHEREAS, the Palm Beach County Emergency Medical Services Division
has made these grant funds available for the improvement and/or expansion of
Emergency Medical Services Systems; and
WHEREAS, the City Commission upon recommendation of staff, recognizes
that these funds can and will be used to expand and/or improve the City's current
EMS System, by providing SEVENTEEN (17) Automatic External Defibrillators
(AED) and six (6) carbon dioxide monitors to place in all fire staff vehicles, the
library, senior center and several police cars.
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 Palm Beach County Emergency Medical Services in the amount of
$56,592.00. A copy of the agreement is attached hereto as Exhibit
Section 2. This Resolution shall become effective immediately upon
01705,'2001 13:41 FA% 800 ?32 0956 MEDTRONIC_PHYSI0-C0~q'ROL ~002
PHYSIO-CONTROL
To: Chief Jim Ness
Boynton Beach Fire Rescue
Boynton Beach, FL 33435-0310
PHONE: 561-375-6332 x
FAX: 561-745-6334
Quotation #: JCE5831987-A
Page #: 1
Quote Date: l/3/2001
Sales Representative: Debbi Stanfield
800-442-1142x2305
FOB: Redmond, WA
Shipping: -
Terms: Net 30 Days
1. UPG12CO2
This quote is firm until: 1/23/200I
Unit
~ Oty grO-~
ETCOI Option Field Service Upgrade 6 $5.150.00
Discnunt
$875.50
Total
$25,647.00
TOTAL TIglS QUOTE
$25,647.00
Dis¢ounl
Notes:
ABOVE QUOT~ REFLECTS SERVICE CONTRACT DISCOUNT
PRICING,
$5,253.00
NOTg' TERM~ CONTAINED ON THE RE'~i/ER SE SIDE OF THIS DOCUMENT ARE ~XPRES,~LY MADE PART OF THIS EM~LE~S AGREEMENT
AND ARE INCORPORATED HEREIN,
JCE
Quotation #: MLH6742648-A
To: Chief Jim Ness
Boynton Beach Fire Rescue
t 00 East Boynton Beach Boulevard
Boynton Beach, FL 33425
PHONE: 561-375-6333
FAX: 561-745-6334
Sales
Page #: 1
Quote Date: 9/20/2000
Representative: Debbi Stanfield
800-442-1142 x2305
FOB: Redmond, WA
Shipping: 30-45
Terms: Net 30 Days
This quote is firm until: 9/25/2000
Parl: #
1. LP500B[PHAS[C
Descriution
LIFEPAK® 500 automated external defibrillator
ALL PHYSIO-CONTROL PRODUCTS ON ABOVE QUOTE ARE YEAR
2000 COMPLIANT. FOLLOWING PRICING VALID ONLY WHF_~N
QUOTE IS PURCHASED IN ITS ENTIRET~ (OPTIONAL ITEMS NOT
REQUIRED).
Biphasic wavefom.
AVAILABLE IN 2-BI. ri'TON OR 3-BUTTON OPERATION (PLEASE
SPECIFY AT TIME OF ORDER). One set of setup instructions
[neluded with each order.lnclodes one pair QUIK-COMBOTM
pacing/defibrillation/ECG electrodes with REDI-PAKTM preconnect
system, operating instructions, inservice video. Note: batteries
and other accessories must be ordered separately.
5 years warranty on parts and labor
Unit
QtY Price Discount Total
17 $3.500.00 $1,750.00 $29,750.00
2. 3005380
Lithium battery pak
LIFEPAK 500 nonmchargeable lithium battery pak.
For use with the LtFEPAK 500 automated external defibrillator.
17 $202.00 ~$202.00 No Charge
3. 3005343
Complete carrying case
17 $108.00 $108.00 No Charge
4. 3008497**
QUIK-COMBO with REDI-PAK
QUIK-COMBO~ pacing defibrillation/ECG electrodes with
REDI-PAK® preconnect sys[em.
REDI-PAK system has 3.5 foot (lAm) lead wire with connector
extending outside of package, allowing electrode to be preconnected
to defibrillator. Pricing for 1049 sets pumhased. Price per set.
[7 $32.50 $3.25 $497.25
Continaed next page...
NOTE: TERMS CONTAINED ON THE REVERSE SIDE OF THIS DOCUMENT ARE EXPRESSLY MADE PART OF THIS SALES AGREEMENT MLH
AND ARE INCORPORATED HEREIN.
PHY$]O-CONTROL
To: Chief Jim Ness
Boynton Beach Fire Rescue
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
PHONE: 561-375-6333
FAX: 561-745-6334
Quotation #:
Page #:
Quote Date:
Sales RepresentatiVe:
FOB:
Shipping:
Terms:
This quote is firm until: 9/25/2000
Part g
5. DTPLUS/AED
6. 300538!-000
7. 301271~
Descriotion
Continued...
CODE-STATTM SUITE: Data Transfer Plus
Suports LIFEPAK 500 AED, FIRST MEDIC 5 I0 and 610 devices (and
LIFEPAK 12: Continuous ECG only)
Features included: Device data download (unlimited database),
patient data entry and entry of comments, (additional data entry
modules are also available), saving data to disk, case reports,
printing of continuous waveform reports (waveforms cannot be
viewed on-scman), NIBP and ETCO2 vital sign information,
importing and exporting of files to another PC maning a CODE
STAT SUITE software program tutorial, and on-line help files. This
application can be used as a low-cost, stand-alone, storage and
prindng station of device records. Includes two (2) communication
ports.
LIFEPAK 500 AED-to-PC cable
For use with. the DATA TRANSFER 500 or QUIK-V1EW 500
programs.
LIFEPAK 500 AED Training System
PRO~MOTIONAL PRICE VALID ONLY THROUGH 10/31/2000.
Includes one (1) AED trainer, remote control and cable, simulated
battery pak, training electrodes, carrying case (soft case), AED
Instruction Card, Operating Instmctioas, and batteries for AED
trainer and remote control.
MLH6742648-A
2
9/20/2000
Debbi Stanfield
800-442-1142 x2305
Redmond, WA
30-45
Net 30 Days
Unit
Qty Price Discount Total
1 $295.00 $295.00
1 $46.00 $46.00
1 $295.00 $43.00 $252.00
ShiPping and handling charges
not to exceed
Continued tlext page...
I $99.75 $99.75
NQTE: TERMS CONTAINED ON THE REVERSE SIDE OF THIS DOCUMENT ARE EXPRESSLY MADE PART OF THIS SALES AGREEMENT MLH
AI~D ARE INCORPORATED HEREIN.
o-YSIO.CON-ROL
To: Chief Jim Ness
Boynton Beach Fire Rescue
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
PHONE: 561-375-6333
FAX: 561-745-6334
Sales
Quotation #:
Page #:
Quote Date:
Representative:
FOB:
Shipping:
Terms:
Part #
Description
This quote is firm until: 9/25/2000
Otv
Continued...
MLH6742648-A
3
9/20/2000
Debbi Stanfield
800-442-1 t42 x2305
Redmond, WA
30-45
Net 30 Days
Unit
Price Discount
Total
TOTAL THIS QUOTE
$30,940.00
Discounts:
Discount
Notes:
ABOVE QUOTE REFLECTS PALM BEACH COUNTY SHERIFFS
OFFICE BID # 00-0721-254/DJA AWARDED 9/1/2000.
$35.118.25
NOTE: TERMS CONTAINED ON THE REVERSE SIDE OF THIS DOCUMENT ARE EXPRESSLY MADE PART OF THIS SALES AGREEMENT MLH
AND ARE INCORPORATED HEREIN.
01/02/2001 10:06 F.~ ~002
March 24, 2000
Dear Customer
I am writing to verify that Medtronic~Physio-Contml Corp. is the only source
from which to obtain the LIFEPAIC' 12 defibrillatodmonitor sedes and its
accessories. Physio-Control does not utilize the services of any deaJers or
outside distributors in sales of our products in your market sector.
Sincerely,
Dave Shelton
Dave Shelton
Sr. Vice President of Sales and Service
MEDTRONIC PHYSIO-CONTROL CORP.
Requested City Coramission
Meefine Dates
[] November 21. 2000
[] D~Cember 5. 2000
[] D~c~er 19. 2000
[] January 2, 2001
V-CONSENT AGENDA
ITEM B-5
CITY OF BOYNTON BEACH ....
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to CRV Clerk's Office
November 9. 2000 (5:00 p.rru)
November 22, 2000 (5:00 p.m.)
December 6. 2000 5:00 p.rm)
December 20. 2000 (5:00 p.m.)
Requested City Comwdssion
Meefin~ Dates
[] January 16 200I
[] Febraa~ 6. 200l
[] February 20, 2001
[] March 6, 2001
Date Final Form Musl be Turned
in to CRV Clerk's Office
January 3. 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
Febraary 21, 2001 (5:00 p.m.)
NAT~
AGE]
IRE OF
~DA ITEM
[] Adm/nis~rative [] Development Plans
[] Consent Agenda [] New Business
[] PubllcHearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: MOTION to approve the "piggy-back" of the SCHOOL BOARD OF PALM BEACH
COUp, RFP#00C-010J to SOUTH FLORIDA TRANE SERVICE for the OVERHAUL of CITY HALL CI-III.LER
#2 ia the amount of $25,015.00.
EXPI~ANATION: Procurement Services Division received a request fxom Public Wurks/Facility Management Division to
utilize the School District of Palm Beach County RFP~0C-010J to South Florida Trane Service for the overhaul of the City
Hall C~filler #2.
Procurement Services Division request Commission's review, evaluation and approval.
PROI~RAM IMPACT: This purchase will provide for the leak repair at the terminal boaxd, ten (10) year gasket and seal
install ation, and motor bearing replacements.
FISC ~L IMPACT: Funds are allocated ia the FY2000/2001 for this overhaul as follows:
Account Dffscriotion
Building Improvements
Account Number
001-2511-519-62-01
Deputy Director of Finanical Services
Budget
$ 27,000.00
City Manager's Signature
Procurement Services
Department Name
City A~comey / Finance / Human Resources
cc: JerSey Livergood - Public
Works
RiChard Fie#e- Facilities Management
S:kBUI~LETINAFORMSkAGENDA ITEM KEQUEST FORM.DOC
TO:
VIA:
FROM:
DATE:
SUBJECT:
FACILITIES MANAGEMENT DIVISION
Memorandum No. 01-006
Bill Atkins, Deputy Finance Director
PURCHASING
Jeffrey Livergood, Public Works Director
Richard Fiege, Maintenance Supervisor
January 11, 2001
City Hall Chiller Overhaul
ILECEIVED
Attached please find the proposal along w/th supporting documentation, a sole source letter and
the School Board of Palm Beach County RFP #00C-010J (5/18/00-05/17/03), for the overhaul of
the City Hall Chiller #2. The overhaul will be limited to the following work and will not exceed
$25,015.
Leak Repair at Terminal Board
1 O-year Gasket and Seal Installation
Motor Bearing Replacements
$4,305
$12,910
$7,800
Facilities Management budgeted $27,000 for this overhaul in Account #001-2511-519-62.01.
If you need any additional information or have any questions please call me at Ext. 6020; we
would like to have this item placed on the February 6t~ Commission Agenda for approval.
PL/RF/pl
Attachments
I'Ri E ®
West Palm Beach Office
Miami District
The Trane Company
901 Nor~hpoint Parkway
Suite 307
West Palm Beach FL 33407
TEL 561 683 I521 Palm Beach
305 427 8260 Broward
FAX 5616978714
John P nghe
District Manager
November 15, 2000
City of Boynton Beach
Attn: Richard Fiege
222 N.E. 9~ Ave.
Boymon Beach, FL 33435
Re: Repair and Overhaul of Trane CVHE-016F-AQ Chiller, SN#L88F03191
Dear Rich:
This letter is a proposal for repairing the existing leak and a ten-year major
inspection and renovation of your Trane CenTmVae. We will finnish all parts,
labor, and rigging to disassemble, inspect, reassemble, pressure test, evacuate,
charge, and start up your Trane CenTmVac (see attached steps and procedures list
for details). Our price also includes the replacement of all insulation that we
remove.
Our price for this work is as follows:
1. Leak repair at t~,-,inal board $4,305
2. Item#1 p/tts 10-year gasket and seat imtatlation $17,215
3. Item #2 p/us motor bearing replacements $25,015
4. Item #3 plus 1~ and 3~ inlet guide vane rebuild $31,465
5. Refrigerant (if required) Not Included
6. Tube brushing (evaporator and condenser
sections)
7. Eddy current tube scanning
Not Included
Not Included
Our price does not include the following work, which usually is not required:
I. Motor repair work
2. Condenser or evaporator tube replacement
3. Oil slingers and seals
4. Re~igerant eliminators
In the event that any oftbese items are required, you will be advised and quoted a
price for the extra work.
South Florida Trane Service
The down time is estimated to be 14 to 28 days if standard straight time is used.
Actual downtime depends upon the scope and extent of the repairs. The above
price includes a one-year warran~ on all new parts that we use and a 90-day labor
warranty (see Attachment A).
Paymem for these repair services is due upon completiOn. Upon authorization to
proceed, we will continence with the ordering ofthe materials and provide you with
a project schedule.
South Florida Trane Service is committed to strengthening our existing relationship
with the City of Boynton Beach in a manner that will yield cost-effective business
solutions and measurable benefits.
If you have any questions, please call me at the office. If this proposal meets with
your approval, please issue your purchase order to my attention or sign and remm
one copy ofthis letter as your authorization to proceed.
Thank you for this opportunity to bo of service to yom
Respe~,~ y Submitted,
Account Manager
· Accepted by:_
Title:
Date:
South Florida Trane Service
· TRANE CENTRAVAC MAJOR INSPECTION,
CONVERSION AND RENOVATION SERVICE
STEPS AND PROCEDURES
1. Disconnect all power and pressurize refrigeration system. Remove and
store all refrigerant in proper containers using good refrigerant handling
practices,
2. Test refrigerant using oil percentage tube.
3. Remove oil charge from oil sump.
4. Evacuate all vapor from system and break vacuum to "0" psi using dry
nitrogen.
5. Pin third-stage volute for alignment (CVHEs).
6. Dismantle unit. (Check evaporator eliminators.)
7. Perform open rotor bar test.
8. Perform dye-penetrant inspection of impellers
9, Inspect vane assembly for proper operation and wear. Rebuild PCV/CVHA
first stage only.
I0. Check motor shaft thrust with dial indicator and record:
1 1, Check shaft runout and record:
12. Check bearing radial clearance with dial indicator and record:
13. Do open rotor teat and inspect rotor for unusual wear or faults.
14. Replace bearings. Record new bearing clearances:
Thrust: First stage Second Stage
Radial: First stage Second Stage
15. Recommend inner oil slinger on restricted bearing end be replaced if worn
excessively.
16. Meg the motor and record all readings:
T1 T2 T3
T4 T5 T6
17. Remove terminal beard and check motor leads for insulation deterioration
and breakdown. Inspect exposed area of stator for condition.
18. Renovate motor terminals as required.
19. Clean both sides of terminal board~
20. Reinstall motor terminal board using new manufactured approved gaskets
and terminal "O" rings~
21. Replace bearing supply and return oil hoses, if required. Run oil flow tests
to check for proper volume and for leaks.
Terminal end: Shaft end:
22. install and check clearances on all labyrinth seals.
1st 2nd 3rd
Stage Stage Stage
Impeller nose seal
Shaft seal
Interstage seal
Buffer seal
23. Assemble compressor using new manufacturer-approved gaskets.
24. Confirm frae rotation of rotor;
25. Rebuild first- and second-stage vane assemblies by replacing bushings and
"O" ring seals and lubricate as required.
26. Install new orifice plates, if required.
27. Replace gaskets or "O" rings on all liquid line flanges with new Trane-
approved parts,
28. Replace or repair evaporator float valve as required.
29. Replace all access covers and other flange gaskets with new Trane-
approved parts.
30. Cross tighten all flange bolts.
31. Replace all sight glasses and service valves.
ECONOMIZER (If unit has one)
1. Replace or repair economizer float (if applicable).
2. Replace economizer flange gaskets.
3. Remove inspection plate and check eliminators for rust and corrosion (if
applicable).
4. Replace inspection plate gasket (if applicable).
CONTROL PANEL SAFETY CONTROLS
Check and calibrate operation of all safety controls:
A. Low temperature control
B. High pressure control
C, Motor temperature control
D, Oil pressure control
E. Load Limit control
F. Overload protection (UCP)
G. Flow switches and timers
H. Anti recycle timers
I. Return water temperature control
J. Operating water temperature control
OIL SUMP
1. Meg oil pump motor (if applicable).
T1 T2 T3
2, Remove oil sump cover and oil pump and motor assembly.
3. Flush oil sump using solvent and thoroughly clean using lint-free regs.
inspect oil pump assembly for excessive wear and recommend replacement
if needed.
5. Replace coupling insert and check alignment of oil pump to motor (if
applicable).
6. Replace oil sump heater, if applicable.
7. Check operation of oil pressure regulator, Rebuild if necessary or
recommend replacement. Rebuild with R-123-compatible parts if rebuild
includes chiller convemion.
8. Replace oil filter.
9, Add isolation valves.
10. Reassemble oil sump assembly, charge with approved oil and verify proper
operation.
CENTRAVAC STARTER
1. Clean down complete starter, remove covers from each contactor and
inspect contacts and check spring tension.
2. Check all connections for tightness and proper makeup.
3. Check all moveable and stationary parts of AC contactors.
4. Clean off rust or dirt build-up on magnetic arn~ature of contactnrs.
5. Check out resistors or auto transformers.
6. Clean and check all overload relays for proper overload trip setting. Use
multi-amp or tool 90 to accomplish this,
7. Check connections on circuit breaker, inspect for previous overheating.
8. Check out oil pump starter and operation.
9. Check operation of phase failure relay and recommend replacement or
installation if relay does not exist.
10. Check for postlube time period through control panel. If unit does not have
postlube, recommend installation of postlube timer.
11. Check on condition of wiring at starter and motor.
12. Check for proper wire sizing.
13. Dry run complete unit with full voltage to check for proper operation.
14. Check shaft of motor for proper rotation.
PRESSURE 'TEST AND EVACUATION
1. Install blank flange on evaporator side of rupture disc.
2. Using dry nitrogen and R-22, pressure test unit at 15 psi.
3. Thoroughly check entire unit using halide and electronic leak detector.
4. Evacuate unit to 2500 microns.
5. Allow unit to stand in a vacuum for a minimum of 12 hours and determine
if vacuum rises a maximum 2300 microns in the 12-hour time period.
CHARGING
1. If refrigerant is not contaminated with oil or acid, recharge into system
using standard procedure. Record exact amount of refrigerant charged;
2. Check evaporator sight glass immediately after charging and note
refrigerant level.
3. After chiller is started up and run at full load amps, check approaches with
odginal start-up logs.
START-UP
1. Start chiller and check operation.
2. Log in chiller using annual check sheet so that water flows and refrigerant
charge will be checked.
3. List any additional work that needs to be recommended, go over check
sheet with building owner.
ATYACHMENT A
TERMS AND CONDITIONS
Paymeat Terms d Paymem terms are net 30 unless contrary terms appear on
the face of the proposal.
Acceptance and Prices d This proposal is subject to acceptance within 30
days from proposal date. Prices are subject to change without notice.
3. Warranty mad Liab'flity
A. Trane parts are warranted for a period of twelve months from job
completion to be free from defects in material and workmanship.
B. Warranties on parts and materials other than Trane are limited to the
warranty of the manufacturer.
C. Labor is warranted for a period of 90 days against defects in
workmanship.
Liability d South Florida Trane Service's responsibility for injury to
persons or property shall be limited to injury caused directly by its
negligence in performing operations under this agreement. In no evem
shall South Florida Trane Service be liable for incidental or
consequential damages of any nature whatsoever. South Florida Trane
Service shall not be liable for repairs to any equipment damaged by
reason of negligence, faulty system design, misuse, abuse by others or
caused by conditions beyond its control.
South Florida Trane Service
We~ Palm Beach Office
Miami District
The Trane Company
901 Northpoint Parkway
Suite 307
West Palm Beach FL 33407
TEL 561 683 1521 Palm Beach
305 427 8260 Broward
FAX 581 6978714
John P
District Manager
January 2, 2001
City of Boynton Beach
Attn: Richard Fiege
222 N.E. 9t~ Ave.
Boynton Beach, FL 33435
Dear Rich:
This document has been drafted to supplement my recent proposals regard'rog the
overhaul and scheduled maintenance of your chillers. The following ~s a list of
reasons why South Florida Trane is the sole source supplier for this equipment in
South Florida~
We are the exclusive representative of the Trane product and software line
used in your facilities;
South Florida Trane solely employs certified Tracer Building Automation
System technicians in South Florida;
All software programming and engineering on the exi~sting Tracer Building
Automation System has been performed in house by South Florida Trane;
South Florida Trane Service is the exclusive parts outlet for Trane
Mechanical Systems and Tracer Building Automation Systems in South
Florida;
South Florida Trane Service is the sole source warranty agent for the Trane
Mechanical Systems and Tracer Building Automation Systems in South
Florida;
As a factory representative, South Florida Trane Service has access to
proprietary software used to establish remote communication via modem to
over 120 different Tracer Building Automation Systems located in various
facifities. This software provides significant and valuable advantages such
as troubleshooting and monitoring capabilities as well as database hack-up;
South Florida Trane Technicians carry or have access to specially designed
tools and test equipment required to service Tracer Building Automation
and Mechanical Systems properly;
An American Standard Company www, trane.com
South Florida Trane provides training on Trane Mechanical Systems and
Tracer Building Automation Systems;
o
South Florida Trane provided "Start up" on both the Tracer Building
Automation and Mechanical Systems equipment at your facility;,
10.
South Florida Trane Service is continuously posted on software and
hardware enhancements and/or revisions for the Tracer Building
Automation and Mechanical Systems equipment;
11.
South Florida Trane is the sole provider, and Trane is the sole
manufacturer of both the Trane Tracer Building Automation and
Mechanical Systems equipment. In addition, South Florida Trane solely
understands the complex relationship between the two, South Florida
Trane is the sole source provider of extended warranties on*hi~ Trane
HVAC System.
The above list includes many of the reasons why South Florida Trane is a sole
source provider for many owners and facilities in South Florida.
To provide a "Best-in Class" level of service to the City of Boynton Beach, South
Florida Trane is recommending that we become your sole source provider for
Trane products and services.
Please call if you need additional information.
_Res//~ully Submitted,
Dennis Laymon
Sales Engineer
0~./15/00 TIlE 09:02 FAX $61 4-'14 8185 SDPBC PURCHASING DEPT. ~001
AGENDA ITE.M 13A-1
REQUEST FOR PRQPOSAL NO. 00C-010J~T~ERM CONTRACT FOR THE INSTALLATION, REPAIR
AND/OR PURCHASI~ OF AIR CONDITIONING SYSTEM,~
DATE:
DATE SOLICITED:
PRESENTED TO BOARD:
April27.2000
March 31,2000
May 17, 2000
DATE OPENED:
DATE POSTED:
April 19, 2000
April 28, 2000
CONTRACT PERIOD: May 18, 2000 through May 17, 2003
DEPARTMENT: Various FUNCTION: Vadous OBJECT: 3501 FUND: Various
FUNDING SOURCE; Capital / Operating Budget -- Repair and Maintenance Services
REQUESTING DEPARTMENT: Maintenance and Plant Operations / Program Management
40 RFPs Solicited, 13 Responses (12 RFPs, 1 No Proposal) 27 No Response
2 MNVBEs Solicited, 1MNVBE Responses (1RFPs, 0 No RFPs) 1M/WBE No Response
FIN_A..NClAL IMPACT I
The financial impact to the District budget is estimated at $3,200,000. The source of funds is
Maintenance and Plant Operations and Program Management budgets.
Purchase orders processed from December 12. 1997 through February 19. 2000 tetal $1.938.177.
Services to be provided include purchase, installation, and repair of air conditioning systems.
_VENDOR
CARRIER COMMERICAL SERVICE - - -
FARMER & IRWIN CORP. - - -
FLO-RITE, INC, ---
HAWTHORNE INDUSTRIES ---
HILL YORK - - -
(~'-c'a UAY SERVIC~ ---
PRECISION AIR SYSTEMS~ INC. - - -
SOUTHEASTERN CHILLER -- -
SOUTH FLORIDA TRANE SERVICE - - -
STOKES MECHANICAL CONTRACTOR INC. 6
WRIGHT SUPERIOR division of HARPEE MECHANICAL - - -
YORK INTERNATIONAL CORP. - - -
MINORITY
STATUS
TOTAL
POINTS AWARDED
93,0
86,5
82.5
88.0
86.0
84.0
87.5
95.5
84,0
LEGEND:
= Award
O=
MINORITY - (2-Blacl(, 3-Hispanic, 4-Jndiar'JAlaska, 5-Asian. 6-Women, 7-Disabled. 8-Other)
C:\My Documentst. Tabulations\00C-010J Tab.doc
~/00 TL~ 09:03 F.4.~ 561 434 8185 $DPBC PURCI/,A$ING DEPT.
~JOO.L
REQL,[.~S.T FOR PR°POSAL NO. 00C-010J
. Page 2
ExCE. PT/ON ~:
M_ cQUAY_S ERVIC_E_
Reject entire bid. Per Paragraph 2.7, Vendor is requ~nng terms and conditions regarding
indemnification/Hold Harmless that are not acceptable to the District.
The Eva!uation Committee, consisting of Distdct staff, convened and reviewed all responsive proposals. It
is the recommendation of the Committee to award this contract to all responsive and responsible bidders.
REC~ N_~ATION: I recommend award be made to all responsive and responsible bidders in
order to meet the needs of the school system,
Failure tc~ file a pro~t within the ti~ne prescribed in s. 120.57(3), Florida S~atutes, shah constitute a waiver of proceedings under
Chapter ~20. F~odcta Statotes. Oi'i'ers fi'om ne vendors listed herein am ~ only offers received timely as of the above opening
date and!time. All ot~er oilers submitted in response to [his solicitalion, ii' any, are hereby rejected as late.
i
I
i
I
I
I
I
I
!
i
1
I
RFP for Installation, Repair, and/or Purchase of Air Conditioning Systems
RFP-OOC-OI OJ
LETTER OF TRANSMITAL...
The School District of Palm Beach County:
South Florida Trane Service app~eiates this oppornmity to respond to your Request for Proposal. The
enclosed proposal has been prepared to comply with the bid requirements defined in RFP-00C-010l.
The following people comprise the team of individuals who will be authorized to make rePresentations
for South Florida Trane Service:
Account Manaqement
DENNIS LAYMON
ACCOUNT MANAGER
561/683-1521, EXT. 1305-
OFFICE
561/662-7502-CELL
$61/552-208 I-BEEPER
561/697-8714-FAX
Service CalIsl Dispatchinq
JORGE SARIEGO
RESOURCE COORDINATOR
5611833-3445, EXT. I175-OFFICE
305/470-9318-FAX
Proiect Manacier
ED DIVITO
PROJECT MANAGER
305/986-4934 CELL
305/750-8445-BEEPER
South Florida Trane Management
OWEN NEVADER
EBSS SALES MANAGER
561/833-3445, EXT. 1158-OFFICE
305/592-4728-FAX
Office Manaqer
JOHN IVlNS
OFFICE MANAGER
561/683-1521, EXT. 1301 -
OFFICE
561/697-8714-FAX
Administrative Issues
AMY MCCRACKEN
PROJECT ADMINISTRATOR
561/683-1521, EXT. 1515 -
OFFICE
561/697-8714-FAX
Prelect Manaqer
MICHAEL LANSING
PROJECT MANAGER
561/216-91 lO-CELL
561/885-I 895-BEEPER
South Flodda Trane Manaqement
MICHAEL LEVINE
SERVICE OPERATIONS
MANAGER
561/833-3445, EXT. 1146-OFFICE
305/470-931 g-FAX
Systems/Applications
RICHARD SCHOLLENBERGER
EBS SALESMAN
~61/683-1521, EXT. 1308-
OFFICE
561/662-7550-CELL
561~552-0755-BEEPER
561/697-8714-FAX
Technical Questions
GIBBY WHETSTONE
TECHNICAL SUPPORT
9~4/689-1661, EXT. 12IO.-OFFICE
305/481-8270-CELL
305/287-7243-BEEPER
954/421-7399-FAX
Controls/Buildinq Automation
MARTY MOSS
BAS ACCOUNT MANAGER
5611683=1521, EXT. 1~08 -
OFFICE
561/346-0888-CELL
561/885-1872-B.~e~FER
South Fiodda Trane Manaqement
DEBI TAMBASCHI
ADMINISTRATOR SERVICE
COORDINATOR
561/833-3445, EXT. 1154-OFFICE
305/470-9318-FAX
South Florida Trane can successfully achieve the purchasing and mainmnance objectives of this RFP
through the implementation Of the service contract outlined in this RFP. South Florida Trane Service is
extremely interested in working with The School District of Palm Beach County and developing a
mutually beneficial alliance.
Respectfully Submitted,
Dennis Laymun
Account Manager
South Florida Trane Service
901 North Po'mi Parkway, Suite 307
West Palm Beach, FL 33407
561-683-1521
561-69%8714 FAX
South Florida Trane Service ii April 19, 2000
SCHOOL
DISTRICT OF PALM BEACH
PURCHASING DEPARTMENT
COUNTY
DATE: March 31, 2000
REQUEST FOR PROPOSAL (RFP)
REQUIRED RESPONSE FORM
RFP-OOC-010J
TITLE: RFP FOR INSTALLATION, REPAIR AND/OR PURCHASE Of AIR CONDITIONING SYSTEMS
This proposal must be submitted to the School District of Palm Beach County, Purchasing Department, 3326
Forest Hi!l Boulevard, Sute C-216, West Palm Beach, Florida 33406-5813, no later than 2;00 PM on April 19, 2000,
and plain!y marked RFP-00C-010J. Proposals are due and will be opened at this tiYne.
Anti-Collusion Statement / Public Domain
I, the um~ersigned proposer have not divulged, discussed, or compared this proposal with any other proposers and have
not colluded with any other proposer in the preparation of this proposal in order to lain an unfair advantage in the
award of this proposal.
I hereby ce
executing
unconditio:
the content
bind the pr
I acknowledge that all information contained herein is part of the public domain as defined in the Public Records Act,
Chapter !19 F.S.
Proposal Certification
rtify that I am submitting the following information as my company's proposal and understand that by virtue of
md returning with this proposal this REQUIRED RESPONSE FORM, I further certify full, complete and
mi acceptance of the contents of Pages 1 through 25 inclusive of this Request for Proposal, and all appendices and
of any Addendum released hereto. Proposal must be signed by an officer or employee having authority to legaltv
loser.
PROPOSE! (firm name):
STREETADDRESS: ~) I
CITY & ST~,TEi ~'~-"ET" la~d_4~ ~o~7~}
PRINTN~E OF AUTHORIZED REPRESENTA~VE:
SIGNATURE OF AUTHORIZED REPRESENTATIVE:
TITLE: I~ ~~
C0NTACT ?ERSON:
~TERNET Z-MAIL ADDRESS:"~)L¢:~t'4~/J~--,f. Dtt~qTERNET URL:
PROPOSE~ ,[ TAXPAYER IDENTIFICATION NUMBER:
NOTE: Ent~ies must be completed in ink or typewritten. Anoriqinalmanuaisiqnatureisrequired.
RFP for Installation, Repair, and/or Purchase of Air Conditioning Systems
RFP-OOC-O I OJ
COST OF SERVICES...
A. Service and Repair of Air Conditioning Systems
Hourly rates for personnel (7:00 ~.m to 5:00 p.rm $75.00
Hourly rates for personnel to include premium & Holiday rates $94.00
Repair parts/Material Cost 26.5% Markup
B. Installation of Air Conditioning Systems
Hourly rates for personnel (7:00 a.m to 5:00 p.m. $75.00
Hourly rates for personnel to include premium & Holiday rates $94.00
Fixed Percentage Discount/Markup offManuf. List price 26.5% Markup
C. Purchase of Air Conditioning Systems
Fixed percentage discount offlist price
Direct purchases of
Trane equipment will be
offered to the Palm
Beach County Schools at
contractor pricing levels.
South Florida Trane Service 12 Apd119, 2000
~quested Cit~ Comrmssion
Meetin~ Dates
[] November 21. 2000
[] DeCember 5. 2000
[] December 19, 2000
[] January 2, 2001
V-CONSENT AGENDA
ITEM B-6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
November 9, 2000 (5:00 p.m.)
November 22. 2000 (5:00 p.rr~)
December 6, 2000 (5:00 p.m.)
December 20. 2000 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] January 16.2001
[] Febraary 6, 2001
[] Febmary 20, 2001
[] Mamh 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
January 3, 2001 (5:00 p.m)
January 17, 2001 (5:00 p.rm~
February 7, 2001 (5:00 p.m.~
February 21,'2001 (5:00 p.m.)
NATURE OF
AGENrDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Anuouncemenr [] Presentation
RECOMMENDATION: MOTION to utilize the STATE OF FLORIDA, SNAPS AGREEMENT g2851656 to REXEL
SOUTHERN for the PURCHASE OF ELECTRICAL PANELS FOR TEN (10) Lllfr STATIONS in the mount of
$13,653.60.
EXPLANATION: Procurement Services Division received a request from Utilities Department to utilize the SNAPS
Agreement with Rexel Southern to purchase electrical panels at the tan (10) lift stations as follows: 301,306, 202, 206, 101,
610,717,601,z~7, 602,and 604.
Procurement Services Division requests Commission's review, evaluation and approval.
PROC RAM 12Mt'ACT: The Utilities Wastewater Pumping Division is in the process of rehabilitating lift stations. Part of
this re abflitation process requires control panel enclosures that house the electrical equipment to operate the lift station.
FISCJ 1, IMPACT: Funding is available in the 1996 Const~-uction Fund as follows:
Account Des~rintion
CnYR & R Sewer
Account Number
407-5000-590-96-04
I Dep~-ty Director of Financial Services
Amount
$ 13,653.60
City Manager's Signature
Procurement Services
Department Name
cc: $ok t Guidry - Utilities Department
File ]
S:kBUL ~ETrN~ORMS~AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance / Human Resources
TO:
FROM:
THRU:
DATE:
MEMORANDUM
Utilities #01-009
Bill Atkins,
Procurement Services
Mark G. Law,
Deputy Utilities Director
John A. Guidry,
Utilities Director
January 11, 2001
RECEIVED
J&N Ig 2001
PU~CHAS1NG~ I~Ep1r.
SUBJECT:
Purchase Electrical Equipment
Replace Electrical Panels at Ten (10) Lift Stations
Piggyback SNAPS Agreement #2851656, Rexel Consolidated
The Utilities Wastewater Pumping Division is in the process of rehabilitating lift stations
throughout the City of Boynton Beach. Part of this rehabilitation requires control panel
enclosures that house the electrical equipment to operate the lift station.
We are requesting a purchase of ten (10) enclosures from Rexel Consolidated of Riviera
Beach for the following lift stations: 301,306, 202, 206, 101,610, 717, 601,602 and 604.
Rexel Consolidated is the distributor of Hoffrnan Enclosures and control panels and the
previous and anticipated vendor on State of Florida SNAPS II agreements. The Utilities
Department has used Rexel equipment in the past and recommends their service and
equipment.
Attached is an e-mall from the state anticipating no problems with the new SNAPS
Agreement and proposal from Rexel Consolidated. The total cost for these ten enclosures
is $13,653.60 and funds are available in account #407-5000-590-96.04 SWR081.
Please present this request at the next City Commission meeting for approval. If
additional-information is needed, please contact Mark Law at ext. 6403 or Tony
Lombardi at ext. 6421.
Attachments
Xc: Dale Sugerman
Mark Law
Tony Lombardi
Jim Hart
Barb Conboy
gan 10 01 02:53p Fred Skinner 305-633-6142 p.1
CONSOLIDATED
ELECTRICAL
SUPPLIES
Wedn~hy, January I0, 2001
To: City
Aim: JimH~
Re: SNAPS
Per our conversation this momlng, this letter is to c~oi to you that Rexel/Cm~solidated
has extended tho State of Florida SNAPS program for the year of 2001.
There wi~ be no price increase, and w~ will continue to offer thc sam~ products, at the
same discounted level
Our paperwork is h/ts final stage completion in Tallahas~ee, and is cmrently b6ng
processed for the ~mni official agreement to be mailed to us w~thln the next couple of
If you have any furthe~ ques~ons, please to not he~tate to contact me directly at your
convenience.
Fred gldnn~
Ph: 786-412-3124
JAN-10-200i 0~:i5 FL STATE PURCHASING 0504~72~4~ P.O1/O~
Wri~lht? David
To:
Subject:
Jim Hart City of Boynton Beach
FW: SNAPS II Application Status
Jim,
Below is a cody of an email which I sent to Mr. Fred Skinner in regards to the staus of
his SNAPS II proposal. It is hard to determine a firm timeline as far as when it will be
returned but, it has been approved on our end but we are unable to assign an agreement
number until senior management gives their go ahead. Will advise as soon as I have more
information.
Thank you,
David H. Wright, CPPB
Purchasing Specialist
State Purchasing Office, Florida
Bureau of Standards & Programs Management
e-mail: wrightd@dms.state.flous
..... Original Message .....
From: Wright, David
Sent: Tuesday, January 09, 2001 2:1~ PM
To: 'Fred Skinner'
Subject: RE: SNAPS II Application Status
Fred,
Your proposal was forwarded for final signature by the Secretary's Office on 26 Deceraber
2000.
To date, we have not received the final si~ned agreement back.
As soon as I have more information available as far as a timeline, I will advise.
T~ankyou,
David H. Wright, CPPB
Purchasing Specialist
State Purchasing Office, Florida
Bureau of Standards & Programs Management
e-mail: wrightd~dms.state.fl.us
..... Original Message .....
From: Fred skinner [mailto:fskinner@RexelUSA.com]
Sent: Monday, January 08, 2001 2:18 PM
To: 'wrightd~dms.state.fl.us'
Subject: SNAPS II Application Status
David,
A couple of weeks hack you requested some information from
me regarding our snaps application.
I have not received eny status of our application,
and just wanted to touch base with you on our present standing.
Please let me know if you need any further documentation from me.
Thanks.
Fred Skinner
561 845 ?558 TO ?426298
P.03×03
~1 GARDEN Rd.
RIVIERA B~(~I L I?L3340~
Fhone
REXEL CONSOLIDATED
~-ATE 0~/20/00
PAGE 1
EXPIRESi 12/30/00
liD DATer 09/20/00
QUOTE FOR:
;ITY OF{BOYNTON BEACH
HIL GILLIG
~OOLBRI~HT & SEACREAST
42-6440/ FX742-6298
QUANTITY
E-P12090AL
10 E-SSHg030
00000
JOB NAMEs
ARCHITECTs
ENGINEER:
CUST-PO:
COMMENTS:
QUOTE: 06-003633
WRITER: 07
HOFFMAN ENCLOSURES
MARK HAMILTON
SEE ATTACHED
SNAPS VENDOR
HOFFMAN PALM BEACH COUNTY
DESCRIPTION
PRICE P EXTENSION
935.20 E 9,352.00
35,64 g 356.40
41.23 E 412.30
174.61 E 1,746.10
178.68 E 1,786.80
Q6~8UOTED
XEL CONEOLIDATED
6~ C.~EN ~D
.rIVIERA BEACH FL
561-845!-6110
PRINTED: 12/26/00
33404-5997
TOTAL QUOTEI 13,653.60
~<~< TOTIqL PPZ~E. B.7>
NOU-29-2..~00 11:02 FL STATE PUACHASING 85048?2442 P.01/01
Wright, David
From:
Sent:
To:
Subje~:
Wright, David
Tuesday, November 28, 2000 3:56 PM
'hartj @ ci.boynton-beach.fl.us'
Rexel / Consolidated SNAPS II Proposal
To Mr. Jim Hart
Per our conversation earlier, Rexel Consolidated has submitted an application for a new SNAPS II agreement. An
agreement number has not been awarded as of yet as some additional information has been requested for the Vendor to
provide. Upon receipt of this information, we will continue with our review process. Normal processing time for a SNAPS 11
proposal is approximately four ( 4 ) weeks. I currently foresee no problems with Rexel Consolidated being awarded a new
SNAPS II agreement.
Please advise should I be of further assistance to you.
Thankyou,
David H. Wright, CPPB
Pumhasing Specialist
State Pu~ing Office, Florida
Bureau of Standards & Programs Management
e-mail: wrightd @dms.state.fl, us
Utilities
Requested City Commission
Meeting Dates
[] November 2l, 2000
[] D~eember 5, 2000
[] D~cembe~ 19, 2000
[] j nUa. 2,2001
V-CONSENT AGENDA
ITEM B-7
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to CiW Clerk's Office
November 9, 2000 (5:00 p.rm)
November 22, g000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] January 16, 2001
[] February 6, 2001
[] February 20, 2001
[] March 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
NAT] JRE OF '
AGE qDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Prescntatiun
RECOMMENDATION: A motion to award the "PAINTING OF THE EAST WATER TREATMENT PLANT AND
MISC~.LLANEOUS PUMI' HOUSES AT LITTLE LEAGUE PARK", Bid #016-2821-01/CJD, to V.I.P. PAINTING,
INC. ~f Coral Springs, Florida in the amount of $ 37.885.00.
EXPI~ANATION: On December 27, 2000, Procurement Services received and opened eight (8) bids for the
"PAINTING OF THE EAST WATER TREATMENT PLANT AND MISCELLANEOUS PUMI' HOUSES AT
LITTLE LEAGUE PARK". After review of the eight (8) proposals, it has been determined that V.I.P. PAINTING,
INC. ~s the lowest, most responsible, responsive bidder who meets all specifications. Bill DeBeck, Project Manager,
Engig~ering, concurs with this recommendation (see attached Memo g01-011).
In thii recommended award it should be noted that the specification check off sheets were not enclosed with the bid
proposal, but obtained subsequently to complete the requirements of the bid propoSal. Provisions in the "Instructions
to Bi~ders" allow for the City to waive any irregularities, or informality. Accepting the specifications after the bid
openiOg did not have imPact on pricing, and basically assures that the bidder fully understands the requirements for
the se~wiec to be provided. Therefore, this waiver is being applied at this time in accepting the specification check off
sheet~, and making this recommended bid award.
PROGRAM IMPACT: The purpose of this bid was to seek painting contractors to paint the East Water Treatment
Plant and Miscellaneous Pump Houses at the Little League Park.
FISC kL IMPACT: Funding for the painting of the various locations is allocated in the following budget:
Descriution Account Number
NON-OPERATING 407-5000-590-96-01
Deputy Director of Financial Services
Department Name
Budget Amount
' ~Ci7 al~4a~er's Signature
City At, omen/Human Resources
S:~BUELETiNWORM S~AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R 01-
A RESOLUTION OF THE CITY COMM~'SSION OF THE
C1TY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF A BID (NO. 016-2821-01C3D) FOR
THE PA~'N'I-ING OF THE EAST WATER TREATMENT
PLANT AND MISCELLANEOUS PUMP HOUSES AT
LI'TTLE LEAGUE PARK TO V.I.P. PAINT[NG, I~NC., IN
THE AMOUNT OF $37,885.00; AUTHOR~Z]'NG THE
MAYOR AND CITY CLERK TO EXECUTE SAiD
CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
WHEREA~, Procurement Services received and opened Bids for the
~bove mentioned project on December 27, 2000, and it was determined that
~/.I,P. Painting, Inc., of Coral Sprinigs, Florida, was the most responsive bidder
~ho met and exceeded all specifications;
NOW, THEREFORE, BE IT RESOLVED BY THE CI'TY COHHI'SSI'ON
DF THE CITY OF BOYNTON BEACH, FLOR.TDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
~ereby approves the award of a bid for painting of the East Water Treatment
~lant and miscellaneous pump houses at Little League Park in the amount of
$37,885.00, V.I.P. Painting, inc., of Coral Springs, Florida, and authorizing the
Mayor and City Clerk to execute a Contract between the parties, a copy of which
is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS
day of February, 2001.
C1TY OF BOYNTON BEACH, FLOR[DA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
(Corporate Seal)
s:Reso\Bid Awaro~Boynton EWTP Painting 012201
CONTRACT
THIS AGREEMENT, made and entered into this day of
A.D. 2000, by and between the CITY OF BOYNTON BEACH, a municipal corporation of
Florida, hereinafter called the "City" and V.I.P. PAINTING, INC.
a Florida Corporation ( )
a Florida General Partnerstfip ( )
a Florida Limited Partnership ( . )
a Sole Proprietor ( )
Check One
hereinafter called "CONTRACTOR".
WITNESSETH
That under the due procedure of law, bids were heretofore received by the City Commission
of said City for the performance of work and supplying materials, hereinafter described, and
said Commission having canvassed said bids, had det~mdned that the bid in the total
mount of Thirty seven thousand ei~_.ht hundred and eighty five dollars and 00/100
submitted by the aforementioned CONTRACTOR was the best and most desirable bid
submitted, and has authorized the execution of this con~act.
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 December 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: PAINTING OF THE EAST WATER
TREATMENT PLANT AND MISCELLANEOUS PUMP
HOUSES AT LITTLE LEAGUE PARK
Bid Number:
~t016-2821-01/CJD
City of Boymon Beach, Florida, all of which are incorporated herein by
reference at such unit prices/or lump sum prices as specified in
CONTRACTOR'S bid totaling $37.885.00.
2.0
SCOPE
2.1
2.2
2.3
2.4
2.5_
2.6
2.7
OF SERVICES
CONTRACTOR further agrees to furnish all materials, supplies,
machines, 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.
All the work and labor performed under this contract shall be performed,
and ail 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 party contracting to do said work.
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 slricfly 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.
Payment of monthly or partial estimams may be withheld until this has
been done to the satisfaction of the City Engineer. Final acceptance and
payment for the entire project will not be made until the site is satisfactory
to the CITY.
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 to City Commission for rexaew and
vote to formally accept the project. The right of general supervision of the
CITY ss hereinafter provided under "authority of the engineer" shall not
make the CONTRACTOR an agent or employee of the CITY, but the
CONTRACTOR, shall at all times, and in all respects have the rights and
liabilities of an independent contractor.
2.10
After the clearing up of the work, premises, streets, alleys, manholes,
catch basins, or other areas of structure-in anyway connected with the
performance of the contract, the work as a whole shall be inspected by the
City Engineer, and any workmanship or material found not meeting the
requirements of the specifications shall be removed by or at the expense of
the CONTRACTOR and good and satisfactory workmanship or material
substituted therefor. Ali settlement, defects or damage upon any part of the
work shall be remedied and made good by the CONTRACTOR.
2. I 1 The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and
will be required to make good at his own cost any damage or injury
- occurring from any cause.
3.0 COMM~NCEI~IENT 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 75 days following the
commencement date as specified in same.
3.2
Time is the essence of the contract. In the event the CONTRACTOR shall
fall in 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 fight 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.
4.0 LIQUH)ATED DAMAGES
4.1
The CONTRACTOR further a~ees to pay $250.00 per day as liquidated
damages, for failure to begin within ten (10) days of"Notice to Proceed"
or failure to complete the work within 75 calendar days fxom the
commencement date to be indicated in the written "Notice to Proceed".
5.0 PROTECTION OF EXISTING FACILITIES
5.1
The CONTRACTOR warrants that prices include the protection and
continuous use of all existing sewers, conduits, drains, pipes, buildings,
walks, bridges, guard rails 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, tamping, 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
finished 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.
5.2 ~
The CONTRACTOR shall assume full responsibility and expense for the
protection of all pubhc and private property, structures, water mains,
sewers, utilities, etc., both above and below ground, at or near the site or
sites of the work being performed under the contract, or which are in any
thanner affected by the prosecution of the work or the transportation of
men and mater/als in connection therewith. The CONTRACTOR shall
give reasonable written notice in advance to the department of the CITY
having charge of any property or utilities owned by the CITY and to other
owner or owners of public or private property or utilities when they shall
be affected by the work to be performed under the contract, and shall
make all necessary arrangements with such department, departments,
owner or owners for the removal and replacement or protection of such
property or utilities.
6.0 INDEMNIFICATION
6.1
The CONTRACTOR shall indemnify and save harmless and defend the
CITY, its agents, servants, and employees from and against any claim,
demand, or cause of action of whatsoever kind or nature arising out of
error, omission or negligent act of CONTRACTOR, its agents, servantg, 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 sum payable by the CITY to the CONTRACTOR, specific
additional consideration sufficient to support this obligation of
indenmification provided for in this paragraph. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable
-- and said provision shall be in compliance with Florida Statute 725.06.
6.3
The ~ecution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision,
as well as the insurance promsions which are set forth in Attachment "A"
herein. However, the indemnification provision, and the insurance
provision contained 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.
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 flora 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, otherwise, no claim for
extras will be allowed.
8.3
The General Contractor and all of his subcontractors shall be apprised of,
and familiar with, the following conditions and procedures governing
extra work under the Contract:
8.3.1
Any change order has to be recommended by the City Manager
and officially approved by the City Commission before any steps
are taken to implement the change order.
8.3.2
Should the CONTRACTOR or any of his subcon~actors
commence with the work without making a claim in writing for
unforeseen extra work he encounters, it will be construed as an
acceptance and agreement by him that any such work is required
under the contract and no future claim for extras will be
considered 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 from 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
part of the Contract by a written Change Order.
8.3.5
8.4
Information regarding 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 Representative with full
explanations and jnstifications for his consideration in preparing a
Change Order to the Contract.
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 quantities
exceed fifteen (15) percent of the original bid quantity and the
total dollar change of that bid item is significant in the opinion of
the Engineer, the unit price shall be subject tO review to determine
if a new unit price should be negotiated; or
8.4.2
If no such unit 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, supplies, equipment and other services
necessary to complete the work plus fifteen 05) percent 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 sue. h 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 detemfine 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.
8.5
8.4.3.3
Where it is indicated that the Contract is Federally or State
assisted, the CONTRACTOR'S attention is directed to the
applicable roles 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 fringe benefit costs on direct labor costs
exceed forty (40) percent of direct labor costs.
8.4.3.5
In no case shall the CONTRACTOR and Subcontractors'
general overhead and profit in the aggregate exceed fifteen
(15) percent of the total cost of direet labor, fringe
benefits, direct overhead, materials, supplies, equipment
and directly related services supplied by him. Among the
items considered as general overhead are bonds,
insurance, incidental job burdens, supervision and general
office expenses.
8.4.3.6
In no case shall the CONTRACTOR'S cost for
administering subcontracts exceed five (5) percent of the
subcontractors' cost not including subcontractors' profit.
8.4.3.7
For special equipment and machinery such as power
driven pumps, concrete mixers, trucks, and tractors, or
other equipment, required for the economical performance
of the authorized work, the CONTRACTOR shall receive
payment based on the agreed rental price for each item of
equipment and the actual t'rme of its use on the work
provided that the rental price shall not exceed the current
rates published by the Equipment Guide Book Company
in the Blue BOok, "Rental Rates for Construction
Equipment". Rate shall be daily, weekly or monthly as
appropriate.
8.4.3.8
Records of extra work done shall be reviewed at the end of
each day by the CONTRACTOR and the Engineer. Such
daily records shall clearly distinguish between the work
done under the contract and that done under the Change
Order. Duplicate copies of the accepted daily records shall
be made, signed by the CONTRACTOR and the Engineer
and one copy retained by each.
Claim of payment for extra work shall be submitted by the
CONTRACTOR upon certified statement supported by receipted bills.
Such statements shall be submitted for the current contract payment for
the month in which the work was done. No claim for extra work shall be
9.0
allowed unless that same was ordered, in writing, as aforesaid and the
claim presented at the time of the first estimate after the work is
completed.
PROJECT ENGINEER
9.1 The project engineer shall be BILL DE BECK. PROJECT MANAGER FOR THE
ENGII~EERING DEPARTMENT.
9.2
The Engineer shall have general supervasion and direction of the work.
The Engineer is the agent of the CITY only to the extent provided in the
contract documents and when in special instances he has the authority by
CITY to act, and in such instances he shall, upon request, show
CONTRACTOR written authority. He has authority to stop the work
whenever such stoppage may be necessary to insure the proper execution
of the contract.
9.3
As the Engineer ~s, in the first instance, the interpreter of the conditions of
the contract and the judge of its 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.
10.0 INSURANCE
10.1
The CONTRACTOR shall maintain during the term of this 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 requirement schedule attached as Attachment
10.2 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 caneellatinn, non-renewal or adverse
change. Contractor agrees to furnish policies if Certificate of Insurance is
_ not acceptable.
10.3
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 construction
equipment shall be equipped with mufflers, as required by the Code of the
City of Boyntnn 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
p~.uission of the City Manager, and then only in case of emergency.
11.0 GUARANTEE AND WARRANTIES
11.1 All the work shall be guaranteed to remain in good condition for one year
from date of acceptance.
12.0 TERMINATION OF CONTRACT
12.1
If the work to be performed under the contract is assigned bythe
CONTRACTOR other than provided for herein; if the CONTRACTOR
should be adjudged as bankrupt; ifa 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 fame 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 othenvise not in accordance with the tenns 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,
prior to the effective date of termination set forth in such notice, take such
measures as will, in the judgment of the City Manager, ensure the
satisfactory performance of the work, the City Commission and the 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 t~mdnation, 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 ofreeeipt 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.
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 in the subject contract shall supersede all other
documents and shall be controlling.
14.0 TIME OF ESSENCE
14.1
Inasmuch as the provisions hereof, and of the plans and specifications
herein, 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 In
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 omission 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 solo 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 in association with any delay in
the project caused by an act or omission of the CITY, its agents or
employees.
15.2
Failure on the part of CONTR~. CTOR 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 not be limited to the architect, project
manager and consultIng engineers.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by
its Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence off
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Attest:
Approved as to Form:
City Clerk City Attorney
Signed, sealed and witnessed
in the presence of.'
ConWactor
President or the Vice President
Attest as to Contractor
State of Florida
County of Palm Beach
)
) SSi
Personally appeared before me duly authorized to adm/nister oaths
to me known to be the persons
described herein and who executed the foregoing instrument and have acknowledged before
me and they have executed same.
Notary Public
My Commission Expires:
11/15/96 nc
TO:
THRU:
FROM:
DATE.'
RE:
DEPARTMENT OF ENGINEERING
MEMORANDUM
NO. 01-011
Bill Atkins, Assistant Finance Director -~
John A. Gukky, Interim Director of Engineering; ~
DeBeck, Project Manager~
Bill
January 12, 2001
PAINTING OF EAST WATER PLANT CEWP)
RECEIVED
Please award the bid No. 016-2821-01 / CJD to the low bidder V.I.P. Painting in the mount of $37,885.
This company just finished five (5) other City buildings and has attended an additional walk thru meeting
to confn'm their price and scope of work acceptance.
Budget mount was $50,000. The account # to use is 407-5000-59 0.96-01 WTR 089.
If there are any questions please contact Bill DeBeck at ext. 6286.
JAG:WMD/ck
Xc: Bill DeBeck
J:kSHR1}ATA~EnginceringkDeB ¢ck~EWP Painting - Award to V.I.P. Painting.doc
Requested City Commission
Meeting Dates
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
V-CONSENT AGENDA
ITEM B-8
Date Final Form Must be Turned
in to Cit-? Clerk's Office
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
[] No~ernber21,2000
November9,2000 (5:00p.m.) [] January l6, 2001
January 3, 2001 (5:00 p.m.)
[] De~ember 5, 2000
[] December 19,2000
[] Jmuary2,2001
NATURE OF
AGEI~ DA ITEM
RECC
POV~
in the
EXPL
referel
Glade.
budgel
Direct
PROG
Agrict
City's
FISC3
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
[] Administtative
[] Consent Agenda
[] Public Hearing
[] Bids
[] Announcement
[] February6,2001
[] Febmary20, 2001
[] March 6,2001
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p~)
February 2I, 2001 (5:00 ~.)
[] Developmem Plans .~. .~
[] New Business c::) tn c'~
[] Legal
[] Unfinished Business
[] Presentation
MMENDATION: Motion to award the "PURCHASE OF ONE (1) NEW AND UNUSED, DIESEL
ERED, AGRICULTURAL TRACTOR", Bid #028-2516-01/KR, to Everglades Farm Equipment
unount of $ 23,087.15
kNATION: On January 11, 2001, Procurement Services received and opened five (5) proposals for the bid
teed above. All proposals were reviewed and it was determined that Everglades Farm Equipment of Belle
Florida was the lowest, most responsive, responsible bidder who meets all specifications. Since $40,000 was
ed for this tractor, Everglades' proposal represents a substantial savings. Jeffrey Livergood, Public Works
~r and Robert Lee, Fleet Administration, concur with this award (see attached Memo #01-012).
RAM IMPACT: The purpose of this bid is for the purchase of One (1) new and unused, diesel powered,
Rural Tractor to include loader assembly, tree boom, back blade and bush hog type mower to be used by the
Parks Division. This agricultural tractor is a replacement for tractor #8023.
L IMPACT: ACCOUNT NAME/NUMBER
VEHICLE REPLACEMENT
501-2516-519-64-31
~'~ Dep~uty Dffector of Financial Services
Procurement Services
Department Name
BUDGETED AMOUNT
$ 40,000.00
City Manager's Signature
City Attorney / Finance / Human Resources
cc: Je
Bo'
Jo~
S:kBULI
~rey Livergood, Public Works Director
Lee, Fleet Administration
a Wildner, Parks Director
ETIIq~FORMS~AGENDA ITEM KEQUEST FORM.DOC
ECEIV£
To:
Thru:
From:
Subj:
Date:
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM #01-012
~?JRC./'~ASiNG ~''~: ~ r
Bill Atkins, Deputy Director of Finance
Jeffrey Livergood, Director of Public Works
Robert H. Lee, Fleet Administration ~
Award Bid #028-2516-01/KR
January 22, 2001
In reviewing the tabulation sheets submitted for the
purchase of one new "Agricultural Tractor" with accessories, Fleet
would like to award the bid to; Everglades Farm Equipment, P.O. Box
910, Belle Glade, Fl. 33430, for the total amount of $23,087.15.
The following vendors also submitted bids: Florida Coast
Equipment for $26,633.00, Kelly Tractor Company for $33,571.00, and
Sunrise Tractor & Equipment Inc. with two bids, one for $28,470.00
and a second for $29,370.00.
Fleet account #501-2516-519-64.31 has approved funding in
the amount of $40,000.00 for the replacement of tractor #8023,
currently assigned to the Parks Division. This purchase with all
accessories will come in under budget by $13,336.85.
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Requested City Commission
Meeting Dates
[] November 21, 2000
[] December 5. 2000
[] Daeember 19, 2000
[] lanuary 2. 2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
November 9. 2000 (5:00 p.rm)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] January 16. 2001
[] February6. 2001
[] February 20, 2001
[] March 6, 2001
V-CONSENT AGENDA
]'TEM B-9
Date Final Form Must be Turned
in to City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (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 award "CO-OP ANHYDROUS AMMONIA", Bid #026-2821-01/KR, to
Tanner Industries, Inc., in the amount of $89~264.00/City Utilities portion $13,000.00.
CONTRACT PERIOD: FEBRUARY 21, 2001 TO FEBRUARY 20, 2002
EXPL,
one (11
met al
$ 0.021
prodm
2001, ~
John
tNATION: With the City of Boynton Beach acting as lead entity, Procurement Services received and opened
proposal for this bid on January 4, 2001. Tanner Industries, Inc. of Southampton, PA, was the sole bidder and
specifications. Tanner Industries', Inc. bid, in the amount of $ 0.224 per pound, represents an increase of
per pound or $1,100.00 per year dependent upon flow. Tanner Industries, Inc. has provided a high quality
t and excellent service for over ten years. Because the current contract with Tanner will expire on February 2,
hey have agreed to honor the current contract price of $ 0.204 through February 20, 2001 (FAX attached).
;uidry, Utilities Director, along with the seven (7) other entities inehidcd in this co-op bid, concur with this
rector ~nendation (see attached Memo g01-018 and individual memos from co-ops).
PRO.G .~L~, IMPACT: The purpose of this bid is to establish a firm price per pound for Anhydrous Ammonia, used
for dismfection of water, from a source that will provide prompt service and convenient shipment to the eight (8)
participating entities within Palm Beach County and surrounding areas.
FISCAL IMPACT: ACCOUNT UMBER
PROCESS CHEMICALS
401-2811-536-52-35
Procurement Services
; Dgpartment Name
cc: John Guidry, Utilities Director
S:XBUL1 .ETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC
Bob Kenyon, Deputy Utilities Director
8arb Conboy, Administrative Coordinator
ESTIMATED ANNUAL
EXPENDITURE
City Manag~r~ ~i .~a ~t~ ~
City Attorney / Finan~g
MmO DU RECEIVED
Utilities #01-018
JAN ~ 2001
TO:
FROM:
DATE:
Bill Atkins,
. Finance DePa~
John A. Guidry,
Utilities Direct°r
January 18, 2001
PURCHASING DEPT.
SUBJECT: Anhydrous Ammonia Co-op Bid # 026-2821-01/kr
Anhydrous Ammonia is used at both water treatmem plants with chlorine in the
disinfection process.
A co-op bid was opened on January 4, 2001 with only one bidder submitting a bid.
Tauner Industries, Inc. (also known as Bower Ammonia) was the only bidder. Tauner's
bid was in the mount of $0.224 per pound or $12,320.00 for 55,000 pounds of
anhydrous ammonia. This is an increase of $.020 per pound or $1,100.00 per year
(dependent upon flow).
We recommend awarding the anhydrous ammonia bid to Tanner Industries, Inc. in the
amount of $13,000.00. Tanner Industries, Inc. has provided us with a high quality
product and excellent service for over ten years. Funds are available in account g401-
2811-536-52.35.
Please present this request to the Commission for their approval. If you need additional
information, please contact Bob Kenyon at ext. 640Z
/gb
xc: Robert Kenyon
Barb Conboy
Dave Ailstock
John Reynolds
File
01/19,/200i 10:23 215322779~ TANNER INDUSTRIES PAGE
'""'1i'" TANNER INDUSTRIES INC
'""" 2'15-322-~238 FAX 2~5-322~77~.1
www.f~'i~.~
FACSIMILE INFORMATION
DAT]E: t- t~.-0 t
Numl~r of PI~ Int:ludi~ I'.~mmtion ~i~S: ....... J
NAII~ Nvl~C~,itA. BO~NF..~ A~MC~-JIA ,~N0 CN~BAIC~L NC'~ffPff:A.~TERN Atv'~,4ON~ I-~ANILER I/~CLISTJ~I~,~
81/22/2801 1S:i~ 15619922215 CITY BELLE GLADE P~E
TO:
MEMORANDUM
All Participating Emiti~ ])ATE: lanuary lit, 200I
(s~ distribution list)
FROM:
Karma Risel~'y
Buyer, City 0f Boytlton l~¢aoh
SUBJECT: "Co-Op Anhydro~ Ammonia"
Bid ~026-2~21-01/KP, -
The above memioneA bid op~m~d On ~aauary 4, 2001. Tanner Indu~i~ ~lnnitlerl th$.only bid- wi~h a
pric~ o£$0.224 per pound, 1'tm City of Boynton Bear. h Utililies D~pat~t~t ro:am~neada thai the bid be
awarded to Tanner Irtdustries.
I have ~mclosed a copy of the tabulalicl~ ahcet for your r~view for co-op award.
Pl~.s~ indicate below it' you a~'~ with the City of Boynton Beach's r~ommelld~a'on for sward:
/
YES NO
lfno~ ph~r~.~e r~ason:
NAME OF C1TY/OR~ANI~TION;
This bid will ~xpire on February 2, 2001; however. Tanner I. ndustcim has asm~d to extend th~ .curtt~t
price until February 20, 2001 (copy otfax included), Ple, az¢ fax your r~xms~a~ioa to me ~t
(561) 742-6306, NO LATER TI, lAN JAN'UARY 31, 2001 BY 4:30 P,IEL, ~o,th~t I can g~ thh/it~ on
oUr Commission agmcla for the February 20~' me, v'tin~.
(._~Bell .~ Glade ~- Aria: ~.- ($6D 992-2215
City of BocaRaton- ~tln: Ly~n'Kunkvl - (561) 39~-7953
City of Delray'Baa~h - At~: Sa~ki~ Rooney - 243.7166
C/ty of Lak~ Worth- Atln: Tom And~aon - 586-1673
City of Pompano'Beach - A~: Lepta Hardin - (954) 786-416~
City of Riviera Beach- Attn: Carl Stalcy - 842-5105
Villag~ of T,~'t.,msta - Arm; Matthew Mo~xi:son (561) 575-62~ 1
PURCHASING ~CR R~TON Fax:56Z-393-?983 Jan ~9 '0I ~1:$0 P. 01
MEMORANDUM
TO:, AI~ P~/dp~ lhti~iw DATE: ~,~ !~, 2o0!
C~ disincline li~t)
Buyar. City of lloy~toa ~ Bid//026-2821-01~'~
Th~ abo~ ~z~m5 bid ~ ~:~ 4, 2~L T~' ~ ~ ~o ~y b~ ~ ·
!. I ~ mcio~ $ e~py. ofth~ t~b,,~sse~ IIMel ~i~ your rewew-for oo-op ~ward,
Plcas~ indicate below ff.y~u ~ wilh lh~ City of Bc~uIou Beach*s m~imn~d~lion fo~ award:
IlO
Ii'no, ple'e ~e
CITY OF DELR~Y
MEMORANDUM
All P~rtici~atiag Enti~
(.~* d.stribation hst)
DATE,:
Jar, m,,y 19, 2001
FROM:
Ri~eley
City of I~nr, on Beach
SUBJECT: "O~Op Anhydrous
Bid g~0~26 2821..01/KR
The above me:auon~t bid opted ~m J~nua.B, 4, 2001. Tanner tnd~ ~ ~ oMy bid wi~ a
pfi~ Of~.2~ ~ ~)~. '~ City of~n ~ Utilifi~ t~ ~m~q ~ flic bid bc
have cn¢lo.~t a t~:~y of the tabula~on aheet for your review for ~ awol.
Plra~ imticate I~1o~ if you agr~ ~rith th~ Cily ofBoynton P,~.h's re~omm~darion for award:
NO
If no, plea~ ~at~ r~ m);
This bid will expirc cn February 2, 2001; however, Tanner hldustrics has itltreed to extend the current
price urt~l Febnmry ~ }, 200I (copy of fill mcl~,~_,~,3}. Pl~a~ fax your reqxmae./r~e~,~6o~ to mo at
(561} 742-6306, NO i,ATI~.R THAN SANIJARy 31, 20~1 BY 4:30 P.M... ~o t.hat [ can §~ this item on
our Comm~iora ag~ :la for thc F~oxlla~ 20a ~
City of Belle Gh~l~ - ~am: N~I ~ . (561) 992-2215e'
City of Boca Raton -.~,rm: Lyma Km6rd - l~61} 393-7983,,,,'
Ci~ of~y ~h ~: l~c ~n~ 243-71~
Ci~ of~ Wo~ - ~: Tom ~n 5~-16~
Ci~ofP~oB~h A~: I~H~ (954)78~!68
Ci~of~ma~-A~: C~IS~ ~2 M05
Vi~ of T~ ~: ~h~ M~n ($61} 575 6~1
CITY OF LR<£ BO,RTH T£L:407-586-1673 Jan 19,01 12:~5 qo.OC~ P.O1
TO: ' DATE: ~m~usry 19, 2o0~
lraOM:
Bid ~t026-2821-01/Kl~,
'C!tyofpOmPmOB~Atm: L~,Hat*dlst-(~t) 78~4168~
Ctty oI~R.~vfw~ Bw.h - Arm: Cg~ St~ley - ~,~ 10,q
Vf~,p of Tequeda ~ At~. Mtittlg~ Moxsisou (S61)
~/1~/2001 ~30 954-786-~$8 ~0~P~0 i~EACH PUNCH PA6E
TO:
MEMORANDUM
All Partieapaling Entities DATE: $~muaty 19, :2001
(se~.dis~bu~/on list)
FROM: Kar~ R/seI~ SUBJECT: "Co-Op Anhydrous Ammonia"
Buyer, City ofBo~aton B~ach Bid ~/026-2821-01/KR
.Th~ abow mentioned bid opened on $anuary 4, 2001. Tanner Industries ~utrmi~tcd thc only b~d with a
prigc of $0.224 per pound. The City of Boy, on Beach Utilities Dcpamueat recommenda that the bid ~
awarded to Tanner Industries.
have enclosed a coFy of thc tabulation sheet for your r~icw ~r c~p aw~
Ifno~ pl~ ~
This bid will expire on Februaw 2, 2001; however, Tanner Industries Ba~ agreed to cx~cnd the currc~
p~ico Until 'February 20, 2001 .(copy of fax included)~ Pleese fax your respomwndation ~o me at
(~61) 742-6306, NO'LATER THAN 3ANUAR¥ 31, 2001 BY 4:~0 P.M., ~o that I can iet this item on
ou~ Commi~iot~ agcrida for the Pebmaty 20a m~/ng.
City ofl~lle Glade- Attn: Nefl.Appd- (561) 992-2215.~
City o£ Boca Rat0a- Alia; Lynn Kur~i- (~01) 39~-7983~"
City 0£Delr~y Beach - Attn: Saciic Rooney- 243-7166w'
City ofLak~ Wotth- Atll~ Tom Anderson- 586-1673
City of Pompimo Beach- Attn: L~Hardin- (954) 786-tH68
City ofP./viela'B~r.h- Attn: Carl Stalcy - 842-$105
Vil~eo£Tequesia-Atln: Maith~Morrison (Sd;l) 575~5241
~/22/2~1 10:~4 5~425~05 PURCHaSiNG P~GE
.MEMORANDUM
:TO:
All ps~ticip~ing.Entiti~s
(~ distribution list)
DAT~:
19,
FROM:
,~ Riscley
Buyer, City o~ Boymoa I~aeh
SUBJECT: "co,op a~hydro~s
Bid ~26-2~21-01/XR
Tl~e'abow mentioned bid ~ on lanuary 4, 2~1. T~ ~ ~ ~ o~ ~ ~ a
~ of$0~ ~-~, ~e Ci~ ~ ~h U~ D~ ~m~ ~ ~ bid ~
~ to T~ ~.
have ~s~ a ~ of~ ~ ~fot ~r~ fo~ ~ aw~
~e ~c ~low if~u ~ ~ ~ Ci~ af Boston B~h's r~~ f~ ~d:
:If not plaa~ st~ r~ason:
This bid will mqfire on Februar~ 2, 2001; howe's, Tanucr lndus~es l~s agreed m ~ltcnd the cunmt
plic~ .ntll Fg~'u~y 20, ~00l (copy of f~x iacludM). Please fa~ your r~Spons~nmendatioa to me at
(I;61) 742-6306~ NO LATRR THAI~ 3ANUAR¥ 3t, ~1 BY 4:3~ P.NL, so fllat I can ~st ~ item on
our Commission a~mda for the F~,3' 20' meeting.
'City o£BetlsGlade - Attn: Ne. il Appel- (561) 992-22t 5
CityofB~tRaton-Attrt: Lynn Kutik~l- (561) 393-7983~
CiOJ ofDetray B~a~h - ~ lsakie Roon~y- 243-7166
City of Laki~ Worth- Alta: Tom Alldta~on- 586.1673
RECEIVED
jAN 19 al !
PURCHASING DEPT.
MEM
All Probit/pat/rig Enti~es
(sc~ di~butio~ list)
ORANDUM
lanul~T 19, 2001
FROM:
K.~m R/~k.y
· 'w/er, CitY ofBoymon Be~w.i~
SUBJECT: "Co-Op Anhyd~ou~
Bid ~026-2821 -O1/KR
Tltm abov~ m~tior~d bid opm~ed on Jaauary 4~ 2001. Tmm~ hdustri-* submitl~d the only bid with
l~e. eof$O,Z2d, l~r pi:mn~L The C/fy of Boyntim Beth 1.h/lit/e~ Dq3mltmeat reeommendithat thel~dbe
I hav~ ~,dol~! a eepy of the ~buh&m ebeet for your ~iew for co~ award.
PI~ in,cam below if you ~ree with tim City of]~oymon Beach's t~ommmd~g/~ for award:
If ~, plmm rote'm:
pric~ uu~.l F~lna'y 20, 2001 (cop~ of fax iml~ied). Please fax yo~ z~npouse.,~cou~m~,ieu to m~ a~
(JGl) 742-.~3~. NO IA, TEn TIIA.NJAN'JARY 31. ~01 B,¥ 4',34) P.M., so thai 1 ~ ~.t t..kis item o-
our C~is~oa aS~t~ts. ~ t~ ~'~r~'y 2o* mee~n&
:~00
"0'13
mm
~>
.
~d
;0
0
0
;0
0
0
Requested City Commission
[] No?mber 21, 2000
[] 5,2ooo
V-CONSENT AGENDA
ITEM B-lO
CITY OF BOSTON BEACH
AGENDA ITEM QUEST
Date Final Form Must be Turned
in to City Clerk's Office
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] January 16,2001
[] Feb~m~y 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 200I (5:00 p.m.)
[] De :ember 19, 2000
[] Ja~ aary 2, 2001
I [] Administrative
NATURE OF [] Consent Agenda
AGENDA ITEM [] Public Hearing
!
, [] Bids
] [] A mo ¢ ent
RECO~IENDATION:
IRRI'
$ 30.(
CON'I
December6,2000 (5:00p.m.) [] February20,2001
December20,2000 (5:00p.m.) [] March6,2001
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p,m.)
Motion to award the "ANNUAL BID FOR PVC SCHEDULE 40 & 80
3ATION SUPPLIES", Bid #018-1412-01/KR, to various vendors for an annual estimated expenditure of
00.00.
RACT PERIOD: FEBRUARY 21, 2001 TO FEBRUARY 20, 2002
EXPL. tNATION: On January 3, 2001, four (4) proposals wei'e received by Procurement Services and computer
tabula :ed on January 4, 2001. After an extensive review, it is the decision of Dominic DeMauro, Warehouse Manager,
to awa ed this bid to various vendors based on over all low prices. In some eases, items have been awarded lot-by lot to
achiev ~ continuity in ordering. Ryan Herco Products Corp. was given no consideration due to a 14 day delivery time
frame other vendors have 1-3 day delivery time). Please see attached Memo and Award Tabulation Sheets for line-
by-lira award and vendor. All vendors are considered to be the most responsive, responsible bidders who meet all
specifications.
PROGRAM__ IMI'ACT: The purpose of this bid is to establish pricing for the purchase of various PVC piping
(SchedUle 40/80) to be used in irrigation installation/repairs. Items will be ordered on an "AS NEEDED BASIS" and
stocked in the City's Warehouse.
~SC~ ~ACT: ACCO~ ~ER
W~HOUSE STOCK
502-0000-141-01-00
Deputy Director of Financial Services
Procurement Services
Department Name
S:~BULI ETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC
ESTIMATED ANNUAL
EXPENDITURE
city Attorne~ / Fi.a.de / Human Resources
The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
I",JRCHASt NG OEFT,
TO: Bill Akins Deputy Finance Director
FROM: Dominic DeMauro Warehouse Manager
DATE: January 22, 2001
SUBJECT: Annual contract for PVC Schedule 40 and 80
[ have reviewed the tabulation sheet from your office. My recommendation is to
over all low vender in some cases lots were kept together. No consideration was g~ven to
Ryan Herco their delivery was 14 days and all other venders were 1-3 days. Additionally
item 161 was awarded to kilpatrickjCentury could not honor thier price of 516.92. If you
have any question please contact me at 6324.
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Requested Cig, Comm/ssfon
Meetin~ Dates
[] November 21.2000
[] December 5. 2000
[] December I9. 2000
[] January 2,2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned Requested City Comrsdssion
in to Cig, Clerk's Office Meetin~ Dates
November 9, 2000 (5:00 p.m.) [] January 16. 2001
November 22. 2000 5:0(p.m.) [] February. 6. 2001
December 6. 2000 5:00 om.} [] February 20, 2001
December 20. 2000 (5:00 p.m.) [] March 6. 2001
V-CONSENT AGENDA
2ITEM C. 1
Date Final Form Must be Turned
in to Cig, Cl~rk's Office
January 3, 2001 {5:00 p.m.)
January I7, 2001 5:00p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unf'mished Business
[] Announcement [] Presentation
RECOMMENDATION:
EXPLANATION:
PloUon to approve a Resolution appointing the Palm Beach County Supervisor
of Elections to handle and canvas all absentee ballots for the March 13, 2001
General Election and if necessary, the March 27, 2001 Run-Off Election, to
represent the Municipal Canvassing Board at all Logic & Accuracy Tests and to
certify the election results.
This Resolution will enable the Supervisor of Elections to handle the above-
mentioned on behalf of the Municipal Canvassing Board.
PROGRAM IMPACT:
FISCAIL IMPACT:
ALTERNATIVES:
Sue Kruse, City Clerk
City ~lanager's Signature
City Clerk's Office
City Attorney / Finance / Human Resources
imp
01/17/:~001 11:57 AN
\\ch\mai~\shrdata\cc\wp\ccagenda\agenda request memos\agen0a item reouest - resolution to appoint supervisor of elections.dot
S:LBULLETINLFORMS~AGENDA iTEM REQUEST FORM.DOC
RESOLUTION NO. ROI-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPOINTING
THE PALM BEACH COUNTY SUPERVISOR OF
ELECTIONS TO HANDLE AND CANVAS ALL CITY
ABSENTEE BALLOTS FOR THE MARCH 13, 2001,
GENERAL ELECTION, AND IF IT BECOMES
NECESSARY, A RUN-OFF ELECTION, WHICH WtLL BE
HELD ON MARCH 27, 2001, TO REPRESENT THE
MUNICIPAL CANVASSING BOARD AT ALL LOGIC AND
ACCURACY TESTS, AND CERTIFY ELECTION
RESULTS; AUTHORIZING THE CITY CLERK TO NOTIFY
THE PALM BEACH COUNTY SUPERVISOR OF
ELECTIONS OF HER APPOINTMENT; AND PROVIDING
.~q EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has designated Tuesday, March 13, 2001, as
he date for the next General Election, and if it becomes necessary, a mn-off election which
~ill be held on March 27, 2001; and
WHEREAS, the City Commission of the City of Boynton Beach desires to appoint
tae Palm Beach County Supervisor of Elections to handle and canvas all city absentee ballots,
:ertify election results, and represent the mummpal canvassing board at all logic and accuracy
:ests to be held prior to the March 13, 2001, General Election and if it becomes necessary, a
m-off election which will be held on March 27, 2001
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
rile CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby appoints the Palm Beach County Supervisor of Elections to handle and canvas all city
absentee ballots for the March 3, 2001, General Election, and if becomes necessary a mn-off
election which will be held on March 27, 2001, represent the municipal canvassing board at
and accuracy tests, and certify election results.
Section 2. The City Commission hereby authorizes the City Clerk to notify the
Beach .County Supervisor of Elections of her appointment to handle and canvas all city
and represent the municipal canvassing board at all logic and accuracy tests
be held prior to the election.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this day of January, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
Seal)
ca~e~o~ppoinm~entsk~upervisor of ¢lection~
DIIgOI
:Requested City Commission
Meeting Dates
[] November 21. 2000
[] December 5, 2000
[] December 19. 2000
[] January 2. 2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORg/i,
Date Final Form Must be Turned
in to City Clerk's Office
November 9. 2000 ~5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meetin~ Dates
] January 16,2001
[] Februmy 6, 2001
[] Febma~ 20, 2001
[] March6. 2001
V- CONSENT AGENDA
ITEM C.2.
Date Final Form Must be Turned
in to CiW Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17. 2001 (5:00 p.m3
February 7, 2001 15:00 p.m.I
Februmy 21, 2001 (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 Water Service Agreements with Donald lC Dorini and James W. Keen,
for a 6.21 acre parcel of land located along the east side of Military Trail. on the north side of the LWDD L-21 canal.
EXP
utilit
subjt
betw
fund,
~ANATION: The owners of this parcel of land, which is located outside of the City Limits but within the City's
service area, are requesting water service for a proposed 2-story commercial/office building to be built on the
ct site. As shown on the location map included on the master plan, the project is located along Military Trail,
~en Gateway Blvd. and Hypoluxo Road. Ail water and sewer main extensions necessary to serve this site will be
t and constructed by the developer. This project will require approximately 25 equivalent residential
corm :tions of capacity. An Irrevocable Special Power of Attorney is included for each Agreement.
PRO~RAM LMPACTi None
FISC(L IMPACT: None
ALTERNATI~VES: This parcel is within the City's utility service area, but is not contiguous to the City limit at this
time, I The C~does have a responsibili~ to serve those parcels within its service uPon receipt of a completed
appli ~tion. ~'ka ' ~/
Depa~anent Head's Signature City Manager's S~Fgnature
UTILITIES
Department Name
City Attorney / Finance / Human Resources
Peter Mazzella (w,/,attachments)
City Attorney
Planning Dept. (w/attachments)
File
S:~BULLET1NWORMS~AOENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R01-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT FOR
WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY
OF BOYNTON BEACH AND DONALD K.. DORINI AND
JAMES W. KEEN, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the subject property is located outside of the
Zity Limits, bun within our water and sewer service area,
being a 6/21 acre parcel of land located along the east side
of Military Trail, on the north side of the LWDD L-21 Canal;
and
WHEREAS, City policy requires annexation of the property
to be serviced an the earliest practicable time, as a
ondition of the granting of water services ou5side its
urisdictional limits; and
WHERHAS, Donald K. Dorini and James W. Keen are the
~wners of the land in question; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
The Mayor and City Clerk are hereby
directed to execute a Water Service Agreement
of Boynton Beach, Florida and Donald K.
Keen, said Agreement being attached hereto
-Section 1.
~uthorlzed and
)etween the City
Dorini and James W.
as Exhibit "A".
Section 2.
immediately upon passage.
This Resolution shall become effective
PASSED AND ADOPTED this
CITY OF BOYNTON BEACH,
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
__ day of February, 2001.
FLORIDA
Eity Clerk
FROM : CITY OF BOYNTON BCH UTILIT!ES FAX NO. : 5617426298 Jan. 22 2001 08:46AM P2
January 19, 20~1
Boyn~n Beech Utilitie~
Attn: Mr. petter
124 East Wcolbright
8oynt~n Beach, FlOdCla 33430
(Via FAX dSOtff42~268)
[~ear Mr. Mazzei{a:
We are counsel fo~ Donald K. Do~nl, TmsMe ~ J~ W, ~ ('~nemS, i~
c~n~on wi~ thok req~t ~r a land vine change on the pmpe~ d~b~ on ~
~ed Exhlb~ "A" ~mp~. ~ ~u~ ~r ~e ~nem a~ ~s~ u~fl ~e t~
~mE~t of Ch~go TEle Insumn~ Oompany, Oommi~t No. 20000~58 da~
F~W 11, 2000, ~ a~ ~ ~ ~n~ tha~
1, Ow~em am the ~al ta~ h~de~ of the Pro~e~ m~ author~ to ~ In~
any ~ ne~sSa~ re~g to wrater and s~ ag~n~ ~ ~e
B~nton ~ Wo~ and Utll~e~ ~p~nt.
WBGjr. lzm
GRF..ATON AND GREATO~{
Wi~n B. Oreaton, Jr.
Mr, Oona~l K. Demi (via FAX)
M.. Jennifer t.i~T, aK, Lsnd De~kifl ~ouih (¥te FAX)
CITY O~ DOYNTON ~CN UT]LITIE~ ~AX NO. :
p-~
DESCRF~ Yf.~W~
8EA~ O0~TY Ft ORDA, O£$CRStD ~$ FOLLOWS:
C~NC, NG A ~ THE SOUTHWEST CO~lvER 0[-' THE
~ r~- E~ST L~E ¢ T~ WEST ~LF (WJ/2) ~ T~ ~TH-
L~. A O~TA~ ~ 4~0 ~ TO A ~T ~ ~ L~ ~.0 FEET
~ ~ ~ ~ TO T~ SOUT~ ~ ~ r~ ~r~
OF ~ITARY ~A~ (STATE.AD ~9); ~
AL~ SAD S~H-~iET~ Y ~T' ~ WA Y &~.A
~- 72.75 FEET TO A PO~T ~ A ~VE ~VE TO
S~ST ~ V~ A C[NZR~ A~'LE ~' 29~J:~" A~ A
RA~ ~ ~50~ FKE~- t~ S~THREST~ %
T~ A~ ~ S~ ~V~ A ~'TA~ ~ 9~54 F~T TO A
~CI'~ ~; ~ff N~°JSD2"~, AL~ 5AD PARALfiE~
L~. ~ ~T~E ~ 52~26 F~ET TO ~ ~T OF ~'~.
CC, NTAII~C ~,21 ACNE'S tvlONE OR LES3;
THIS INSTRUMENT pKEPARED BY:
lames A Cherof. Esquire
Iosias & Goren. P.A,
3099 East Commercial Blvd.
Suite 200
Ft. Lauderda[e. FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this 6th day of January 2001, by and
between Donald K. Dorini hereinafter called the "Customer". and the CITY
OF BOYNTON BEACH, a municipal corporation of the State of Florida,
hereinafter called the "City".
WHEREAS, Customer owns real property outside of the jurisdictional
limits of the City of Boymon Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach.
Florida provide water service to the property owned by Customer: and
WHEREAS. the City of Boynton beach has the ability to provide water
service to Customer's property; and
WHEREAS, the City of Boynton Beach has a policy which conditions
the grant of water services outside of its jurisdictional limits on annexation
of the property to be serviced into the City at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of
receiving water service from the Municipal Water System and the mutual
covenants expressed herein, the City of Boynton Beach and the Customer,
his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from
its Municipal Water System to service the real property described as
follows and which Customer represents is owned by Customer: (See axh±b:l.t "A.")
2. The Customer and the City hereby agree that there are 25
Equivalent Residential Cormeetions which City shall service.
3. The Customer agrees to pay all costs and fees of engineering,
material, labor, installation and inspection of the facilities as required by
the City of Boynton Beach Code of Ordinances or Land Development
regulations to provide service to the Customer's premises. The Customer
shall be responsible for installation in conformance with all codes, rules
and regulations applicable to the installation and maintenance of water
service lines upon the Customer's premises. All such lines shall be
approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer
to perform the xvork necessary to conform the lines or the City may have
the work performed on behalf of the Customer, in which case the Customer
will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds
as may be necessary to pay the total actual costs incurred by the City.
4. Any -a~ater main extension made pursuant to this Agreement
shall be used only by the Customer, unless written consent is granted by
the City of Boynton Beach for other parties to connect. All connections
shall be made in accordance with the Codes and regulations of Boynton
Beach. ,
5. Title to 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 the City exclusively unless otherwise conveyed
or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for
service and equipment in connection with water service outside the City
limits applicable under City Ordinances and rate schedules which are
applicable which may be changed from time to time.
7. Any fights-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 purchasem of any or part of this property
of this covenant and of the irrevocable special power of attorney, but
Customer's failure to provide such notice shall not constitute a defense or
bar to the City's rights as set forth herein. The Customer acknowledges
that the consideration of initially connecting to the City's water supply is
sufficient to support the grant of the power of attorney any subsequent
disconnection or lack of service shall in no way impair the power of attorney
nor constitute a diminution or lack of consideration.
9. The Customer acknowledges that ~is covenant regarding
annexation is intmdcd to I~ and is hereby made a covenant ronnin~ with
th~ land de~ribed ia I~agra~h I above. TMs Agt~x~m~nt and the power of
at~o~'~] refe~aced ho~in is ~o be recorded in the Public Records o£ Palm
Beach County, Flori~ and fl~ Customer and all subseque~ tranxene,
g~am~-s, helm or as~i~rm of Customer stroll be bindin~ on the Customg
and all succe.~or~ mhd azsi~.
I0. It iS agre~i ~hat ~he City shall have no liability in tl~ event
the~e is a r~lucfio~, ~t or termination in wa~et ~rvice to be
pwvid(:d artier this Agx~emem duo to any proh/b/tion~ testier/ohs,
limitafion~ or r~quixea~nt~ of local, regional. Svate ot Federal agendes o~
othm' ~caci~s la, ring jm~tiction over such m~t~. Also. tl~ City d~ll
have no liability in the event the~ is a reduction, impaim~ent or
t~min~on of ~ servic~ due ~) a~s of Ood, acci~r~s, suik~,
boycou% blackouts, fi~, ea~hquakc~, oth~ c~ual~k~ or other
circumstances I~*yond ~1~ Clefs ret.~blc conm)L
11. The Customer hereby agrees to indemn/f% defend and hold
~ tl~ Civ/of Boynton ~ Florida, i~ Mayor, Members of tbe
City Commi~o~ O~l~er~ offlp]oy~ al}d l~llt~ (]){~ il~ ~ individual
and official capacilies) fzom mi against all claims, dama~,~, law ~ and
~ i~ludin$ r~a,~m~bk ati/m~,ys fe~ (,,vh~h~r or not in~ma=d on
appeal or/n connection with ~-~_~ judgment coBeclio~) and costa rising out
of or r~ultins from th~ Cu.v, om~s oblisation under or pedorman~
12. No addifioaal agze~n~n~ or n:pr~nmions shall b~ bivaln!
on ~y Of 0~ paz~i~ ~ u~ incorl~,~t~l hx this A~me~c No
modifi~ado~ or change in ~ A~ro~mem ~rali be ~ upon th~ pa~e~
1N wrI'NE~S WHI/I~.OF, th~ paffi~s h~t~o hav~ ,~t ~ ~ and
WITNESS' D
(As to o,,v~.~r)
STATE OF FLORIDA
COUNTY OF ~
I tI~_rg, EBY CERTIFY that on tiffs day, bcfore mc, an officer duly
authorized in thc gtatc aforc~.d and in t~e County aforesaid to take
acknowledgments, personally appeared DONALD K. DORZNI,
to me known to be the person described in and who
executed the foregoing instn~ent that he acknowledged before me that he
executed thc sm'nc; that thc individual was ]~rsonally kno'wn to me.
W1T'N'ESS my hand and official seal in the County and State last
aforesaid this 6~ day of Janaar~2001.
Seal)
Notary Public
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
City Clerk
STATE OF FLORIDA )
) s~:
COUNTY OF PALM BEAcI-r)
I HEREBY CERTifY that on this day, before me, an officer duly
authorized irt the State aforesaid and in the County aforesaid to take
acknowledgm~ts, personally appeared ,Mayor
and , City Clerk resp~c~vely, of the City
named in the foregoing agr~rtent and thet they ~veralJy acknowl~:[ged
cxccuting same ~ thc prmencc of two sub~ribing wi~esSc$ freely and
voluntarily under mlthofity duly vested in ~ by said City and t~t the
THIS FNSTRU'M~ENT pP~EpAR~D BY
James A. Chero[ Esquire
Josias & Goren. P.A
3099 East Commercial Blvd
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Palm Beach
I/We, Donald K. DorinL hereinafter "Grantee", hereby make.
constitute, and appoint THE CITY OF BOYNTON BEACH. FLORIDA, tree and
lawful attorney in fact for Grantee and in Grantee's name. place and stead.
for the sole purpose of executing on behalf of Grantee the power to initiate.
maintain, and complete a voluntary petition for annexation of the real
property described herein into the CITY OF BOYNTON BEACH. This power
shall extend to the CITY OF BOYNTON BEACH full and complete authority
m act on Grantee's behalf m accomplish annexation by any available
means. The real property which is the subject of this power is described as
follows:
The powers and authority of my attorney, THE CITY OF BOYNTON
BEACH, FLORIDA, shall commence and be in full force and effect on the 6th
day of January 2001, and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
the 6tn day of January, in the year two thousand and one.
Sealed and delivered in the presence of
Witness~
Witness
Donad K. Dorini
STATE OF FLORIDA )
~ SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me this
6th day of January 2001, by ffOo~c~[ ~ ~ "~o,, ~, who is known to me and
who did/did not take an oath.
NOTARY PUBLIC
Type or Print Name
Commission No.
My Commission Expires:
POA.IND
THIS INSTRUMENT PREPARED BY:
James A Cherof. Esqmre
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this 6th day of January 2001, by and
between James W. Keen hereinafter called the "Customer", and the CITY OF
BOYNTON BEACH, a municipal corporation of the State of Florida.
hereinafter called the "City".
WHEREAS. Customer owns real property outside of the jurisdictional
limits of the City of Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach,
Florida provide water service to the property owned by Customer; and
WHEREAS. the City of Boymon beach has the ability to provide water
service to Customer's property; and
WHEREAS, the City of Boynton Beach has a policy which conditions
the grant of water services outside of its jurisdictional limits on annexation
of the property to be serviced into the City at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of
receiving ,a;ater 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:
2. The Customer and the City hereby agree that there are 25
Equivalent Residential Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering,
material, labor, installation and inspection of the facilities as required by
the City of Boynton Beach Code of Ordinances or Land Development
regulations to provide service to the Customer's premises. The Customer
shall be responsible, for installation in conformance with all codes, roles
and regulations applicable to the installation and maintenance of water
service lines upon the Customer's premises. All such lines shall be
approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer
to perform the work necessary to conform the lines or the City may have
the work performed on behalf of the Customer, in which case the Customer
will pay in advance all estimated costs thereof In the event the City has
such work performed, the Customer will also advance such additional funds
as may be necessary to pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement
shall be used only by the Customer, unless written consent is granted by
the City of Boynton Beach for other parties to connect. All connections
shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to 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 the City exclusively unless otherwise conveyed
or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for
service and equipment in connection with water service outside the City
limits applicable under City Ordinances and rate schedules which are
applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary m 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 heroin. The Customer acknowledges
that the consideration of initially connecting to the City's water supply is
sufficient to support the grant of the power of attorney any subsequent
disconnection or lack of service shall in no way impair the power of attorney
nor constitute a diminution or lack of consideration.
9. The Customer acknowledges that this covenant regarding
annexation is intended to be and is hereby made a covenant rannmg with
the land described in paragraph 1 above. This Agreement and the power of
attorney referenced herein is m be recorded in the Public Records of Palm
Beach County, Florida, and the Customer and alt subsequent transferee,
grantees, heirs or assigns of Customer shall be binding on the Customer
and all successors and assigns.
10. It is agreed that the City shall have no liability in the event
there is a reduction, impmrment or termination in water service to be
provided under this Agreement due m any prohibitions, restrictions,
limitations or requirements of local, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall
have no liability in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other casualties or other
circumstances beyond the City's reasonable control.
il. 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
and official capacities) from and against all claims, damages, law suits and
expenses including reasonable attorneys fees (whether or not incurred on
appeal or in connection with post judgment collection) and costs rising out
of or resulting from the Customer's obligation under or performance
pursuant to this Agreement.
12. No additional agreements or representations shall be binding
on 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 umting executed by the parties to be bound thereby.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals this 6tk day of January 2001.
WITNESS: II~IVIDUA~S) AS OWNER(S):
(As to owner) t~7
(CORPORATE NOTARIZATION)
FOR CORPORATE NOTARIZATION:
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that'6i~ thiitd~y; bef6~6 'fi5~, ah officer duly
authorized in the State aforesaid and in the County aforesaid to take
aCknowledgments, personally appeared
James Keen to me known to be the person described in and who executed
the foregoing instrument that he acknowledged before me that he executed
the same; that the individual was personally known to me.
WITNESS my hand and official seal in the County and State last
aforesaid this 6th day of January 2001.
Notary Seal) ~ , /?
Notary Public
Donna M. $cully
MY COMMISSION # ¢~67~n~0 EXPIRES
August 28. 2001
~N~D m~u r~ov ~N ~r~SU~C~
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
STATE OF FLORIDA )
! ) ss:
~OUNTY OF PALM BEACH)
City Clerk
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
a~knowledgments, personally appeared ,Mayor
mid , City Clerk respectively, of the City
n~med in the foregoing agreement and that they severally acknowledged
executing same in the presence of two subscribing wimesses freely and
v¢luntarily under authority duly vested in them by said City and that the
City seal affixed thereto is the true corporate seal affixed thereto is the tree
corporate seal of said City.
WITNESS my hand and official seal in the County and State last
aforesaid this day of , 2001.
(Notary Seal)
Approved as to form:
Notasy Public
Legal Description Approved:
City Attorney
JAC/lms
900182
12/12/95 .rev
WATERSRV. 1
fHIS INSTRUMENT PREPARED BY
James A. Cherof. Esquire
Joslas & Goren. P.A
3099 Easl CommerciaJ Blvd
Suite 200
F~. LauderdaJe. FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Palm Beach
I/We, James W. Keen., hereinafter "Grantee", hereby make, constitute,
and appoint THE CITY OF BOYNTON BEACH, FLORIDA. true and lawful
attorney in fact for Grantee and in Grantee's name, place and stead, for the
sole purpose of executing on behalf of Grantee the power to initiate,
maintain, and complete a voluntary petition fgr annexation of the real
property described herein into the CITY OF BOYNTON BEACH. This power
shall extend to the CITY OF BOYNTON BEACH full and complete authority
to act on Grantee's behalf to accomplish annexation by any available
means. The real property which is the subject of this power is described as
follows:
The powers and authority of my attorney, THE CITY OF BOYNTON
BEACH, FLOR/DA, shall commence and be in full force and effect on the 6tl~
day of January 2001, and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
the 6th day of January, in the year two thousand and one.
Sealed and delivered in the presence of
WitneSs
Witness
James I~. Keen
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me this
6th day of January 2001, by [._J[~di (33 /~(~-,'b--~ who is known to me and
Type or Print Name
I
EXPIAE$: Nom't~r 19,
Commission No. 0_~0.,,
qg2q iq
My Commission Expires:
i,l,qlo4
POA.IND
DESCRiPTION:
THAT PART OF THE WEST HALF (W..I/£,) OF THE SOUTHWEST
QUARTER (S.W. 1,/4`) OF THE NORTHWEST QUARTER (N.W. 1//#,)
OF SECTION lJ, TOWNSHP #$ SOUTH, RANGE 4£ EAST, PALM
BEACH COUNTY FLORIDA, DESCRIBEO AS FOLLOWS..
COMMENCING A T THE SOUTHWEST CORNER OF THE NORTHWEST
QUARTER (N.W. 1,/4`) OF SAID SECTION 1~; THENCE
ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (N..W1/'4)
OF SAID SECTION lJ, A OlSTANCE OF 659.65 FEET TO A POINT
ON THE EAST LINE OF THE WEST HALF (W. 1//2`) OF THE SOUTH-
WEST QUARTER (S.~1,/4`) OF THE NORTHWEST QUARTER (N. WI,/4)
OF SAID SECT~N lJ; 'HENCE N.0'54 ~£ Id., ALONG SAID EAST
iLINE, A OISTANCE OF #0.0 FEET TO A POINT ON A LINE 40.0 FEET
NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTH-
WEST QUARTER (~W1/'#) OF SAiO SECTION 1,~ AND THE POINT
OF BEGINNING; THENCE CONTINUE
N.O°54'42"I,K., ALONG SAID EAST LINE, A DISTANCE OF 852.60
FEET TO A POINT ON THE SOUTH-EASTERL Y RIGHT OF WA Y LINE
OF MILITARY TRAIL (STATE ROAD 809,); THENCE S. 44°29',.,z6"W.,
ALONG SAID SOUTH-EASTERL Y RIGHT OF WAY LINE, A DISTANCE
OF 72.75 FEET TO A POINT ON A CURVE CONCAVE TO THE
SOUTHEAST HAVING A CENTRAL ANGLE OF 29005'58'' AND A
RADIUS OF 18,50.08 FEET,- THENCE SOUTHWESTERL Y, ALONG
THE ARC-OF SAID CURVE, A DISTANCE OF 9,~8.54 FEET TO A
POINT ON A LINE 40. O FEET NORTH OF AND PARALLEL TO THE
SOUTH LINE OF THE NOTHWEST QUARTER (N.W. 1,/4`) OF SAID
SECTION 1~. THENCE N.89°.~5'O2"E.., ALONG SAID PARALLEL
L/NE, A DISTANCE OF 528.26 FEET TO THE PONT OF BEGINNING.
CONTAINING 6.21 ACRES MORE OR LESS.
Requested City Commission
Meeting Dates
[] November 21, 2000
[] December 5.2000
[] December 19, 2000
[] January 2, 2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Dale Final Form Must be Turned
in to City Clerk's Office
November 9, 2000 [5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20. 2000 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] January 16. 2001
[] Febtua~ 6. 2001
[] Febraary 20. 2001
[] Maxch6. 2001
V-CONSENT AGENDA
ITEM C. 3
Date Final Form Mus~ I~c Turned-.
in to City CIerk's Office -
Januaty 3,2001 (5:00~p:m.) '
Sanumy 17. 2001 f5:00 p.m.)
Februaty 7, 2001 (5:00 p.m.)
February 21,200I /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 accept letter of credit no. 10847 from City National Bank in the amount of
$38,497.80 as surety for the water and sewer improvements for the Eckerd's at US Highwa 1 project.
EXPLANATION: The developer of the subject project is providing surety for the water at
to expedite acceptance of those facilities for operation and maintenance by the City.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: The developer could have elected not to provide surety, in which case t
the systems until ali improvements are fully completed, easements are provided, and a clem
Such 9n al~raative may, however, delay the opening of the project, so the developer has eh
these impr~. ~
10epartment Head's Signature City Manager'
UTILITIES
Department Name
City Attorney / Finance
I sewer systems in order
e City would not accept
bill of sale is provided.
eted to post surety for
Signature
/ Human Resources
XC:
Peter Mazzella (w/copy of attachments)
Finance Dept. (w/ Original letter of credit)
City Attorney (w/copy of attachments)
File
S :~B ULLETIN~ORMS~&GENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R01-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND ACCEPTING A LETTER OF CREDIT SUBMITTED
FOR THE PROJECT KNOWN AS ECKERD'S AT US
HIGHWAY 1, AND ISSUED BY CITY NATIONAL BANK
(NO. 10847) IN THE AMOUNT OF $38,497.80; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boymon Beach, upon
· ecommendation of staff, does hereby accept the above referenced Letter of Credit (No.
10847) from City National Bank, in the amount of $38,497.80, as surety for the construction
of the potable water and sanitary sewer systems for the project known as Eckerd's at U.S.
~Iighway 1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
ritE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida hereby
~pproves and accepts a Letter of Credit (No. 10847) from City National Bank, in the amount
>f $38,497.80, as surety for the construction of the potable water and sanitary sewer systems
For the project known as Eckerd's at U.S. Highway 1.
Section 2. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this __
day of February, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
comn'nssioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
s:ca~R-eso~LOC Eckerds US 1 - 012301
Bank
OF FLORIDA
Tell. (305) 577-7212
Fax (305) 577-7402
Stand-by Letter of Credit No 10847
October 17, 2000
Beneficiary: City of Boynton Beach,
100 E Boynton Beach BIvd
Boynton Beach, FI 33425-0310
Applicant:
Boynton Federal Development, Inc
CIO Universal Land Development, Inc
2665 South Bayshore Drive Suite 908
Miami, Florida 33133
Aggregate Amount: US$38,497.80 (Thirty Eight Thousand Four Hundred
Ninety Seven and 80/100 US Dollars)
Expiry: October 4, 2001 at our counters
We hereby establish our Irrevocable Letter of Credit in the Beneficiary's favor for
the account of Boynton/Federal Development, Inc, in the aggregate amount of
Thirty Eight Thousand Four Hundred Ninety Seven and 80/100 Dollars
($38,497.80) available by the Beneficiary's draft drawn on us at sight. Drafts
submitted must be accompanied by the following:
Beneficiary's dated and written statement purportedly signed by the City Engineer
of the City of Boynton Beach stating" Payment(s) to the Bond Escrow Fund
account is/are owe and payable to the City of Boynton Beach to guarantee
installation of improvements as required under a Site Plan approved by the
Boynton Beach City Commission resolution dated October 20, 1999".
It is understood that no modifications, omissions or additions to the plans or
specifications shall in any way affect the obligations of the undersigned.
Partial drawings are permitted.
Continued on page 2 of 2
25 W. FIagler Street, Miami, Flodda 33130 305-577-7333 305-577-7460 Fax
www. citynationaLcom
CITY NATIONAL BANK OF FLORIDA
IRREVOCABLE LETTER OF CREDIT NO 10847
PAGE 2 OF 2
Drafts must be presented to the drawee on or before October 4, 2001,
It is a condition of the Letter of credit that it snail De deemed automatically
extended without amendment for an additional 12 month period from the present or
any future expiration date hereof, unless at least 60 days prior to any such date we
shall notify you by certified letter, or express courier that we elect not to renew this
Letter of Credit you may draw hereunder by presentation of your sight draft only.
The City of Boynton Beach is permitted to draw upon this Letter of Credit if the
obligor fails to furnish another Letter of Credit in compliance with State Statues 30
days in advance of the expiration date.
All drafts must be marked "Drawn under City National Bank of Floric~a Letter of
Credit No. 10847" and accompanied by the original Letter of Credit instrument.
We hereby engage with you that all drafts drawn and presented in compliance with
the terms of the Letter of Credit will 13e duly honored upon presentation to the
drawee at the address 25 West Flagler Street, Miami, Florida 33130
Attn.lnternational Dept. 4th Floor.
Unless otherwise expressly stated herein, this Letter of Credit is subject to the
"Uniform Customs and Practice for Documentary Credit (1993 Revision),
International Chamber of Commerce, Publication 500"and to the extent not
inconsistent therewith the laws of the state of Florida.
For City National Bank of Florida,
~'~z d Sign r
108471c.d0c pf
National Bank
OF FLORIDA
Phone No.(305) 577.7212
Facsimile (305) 577-7460
Letter of Amendment No. 1
Letter of Credit Number: 10847
October 30,2000
Beneficiary:
City Of Boynton Beach,
100 E Boynton Beach Blvd
Boynton Beach, FI 33425-0310
Applicant:
Boynton Federal Development, Inc
C/o Universal Land Development, Inc
2665 South Bayshore Drive Suite 908
Miami, Florida 33133
The above letter of credit is amended as follows:
* irrevocable Letter of Credit to Read "Clean Irrevocable Letter of
Credit"
Insert: Reference -Project Eckerd's at US Hwyl
· Beneficiary's statement to be signed by Director of Utilities instead of
the City Engineer.
· 90 days notice of nonrenewal instead of 60 days
· Insert: This Letter of Credit is enfomeable in a court of competent
jurisdiction in Palm Beach, Florida
· Insert:Designated agent for the acceptance of process is City National
Bank of Florida, 25 W Flagler Street, Miami, FIodda 33130.
All other terms and conditions remain unchanged
This letter of amendment is to be considered as part of the above letter of
credit and must be attached thereto.
(199~~n~onal Chamber of Commerce
Author~jz~d signal~re
...~.~m lpf
Except so far as otherwise expressly stated, this documentary credit is
subject to the "Uniform Customs and Practice for Documentary Credits"
Publication No.500.
25 W. Flagier Street, Miami, Florida 33130 305-577-7333 305-577-7460 Fax www. citynational, com
Requested City Corranission
Meet/ne Dates
[] November 21, 2000
[] December 5, 2000
[] D~cember 19,2000
[] January 2, 2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meet/ne Dates
[] January 16,2001
[] February 6, 2001
[] Febmary 20, 2001
[] March 6, 2001
V-CONSENT AGENDA
ITEM C.4
Date Final Form Must be Turned
in to City Clerk's Office
January 3, 2001 (5:00 p.nm)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21; 2001 (5:00 p.m.)
NAT1
AGE/
~E OF
/DA ITEM
[] Admlnis~ative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECI~MMENDATION: Staff recommends adoption of Resolution R
the sixth Amendment to the Tower Site Lease and jOint Use Agreement. granting the Mayor authority to sign
EXPL~dNATION: This amendment authorizes the County to install a generator of sufficient capacity to power both
the City's and the County's communications equipment as outlined in the Interloeal Agreement. In addition the
County will have the right to install two (2) above ground propane fuel tanks, as the power source for the generators.
PRO~RAM IMPACT: The addition of the second propane fuel tank in the southeast section of the property makes it
neceSSary to enlarge the area originally assigned to the County for County's use. One generator Will back up the
County's generator; the other will back up the City of Boynton Beach's generator.
FISC3~L IMPACT: No fiscal impact. The County assumes all cost for the installation.
ALT~
R_NATIVES: No alternative exists if we are to have redundancy.
~epartmentHead's Signature v CiFy Manager's Signature
Department Name
City Attomcy / Finance / Human Resources
~ ATr,,T
Lisa M. Swift
Site Acouisifion Manager
South Florida
January 3, 2001
AT&T Wireless Serv'ces
3405 Forest -~ilt BIvd
Neet Palm Beach FL 33406
561 432-6455
FAX 561 432-6552
NtRELESS 561 379-9666
EMAIL lisa.swi~@attws,com
Mr. Wilfred Hawkins, Assistant City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 3342543310
Re: AT&T Tower/Boynton Municipal Tower- Sixth Amendment
Dear Mr. Hawkins:
At the request of Jacob Dom, enclosed please find six (6) AT&T executed copies of the
Sixth Amendment to the'existing agreement between AT&T Wireless Services and City of
Boynton Beach.
Should you have any questions, please feel free to call me at the number above.
Sincerely,
Lisa Maria Swift
Site Acquisition Manager
lms/
enclosures'
CC:
Jacob Dom, City of Boynton Beach, Real Estate Manager Via Facsimile 561/2.,¢&0210
~D'~ Recycled Pacer
USA
RESOLUTION NO. R 01-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THE SIXTH AMENDMENT TO THE TOWER
SITE LEASE AND JOINT USE AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND AT&T WIRELESS
AND PALM BEACH COUNTY COMMUNICATIONS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, upon recommendation of staff, the City Commission has determined that
it is in the best interests of the residents of the City to execute a Sixth Amendment to the
rower Site Lease end Joint Use Agreement with AT&T Wireless end Palm Beach County
!ommunications; end
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
'HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
aereby authorize end direct the Mayor end City Clerk to execute the Sixth Amendment to the
Tower Site Lease end Joint Use Agreement with AT&T Wireless end Palm Beach County
Communications, attached hereto as Exhibit "A".
PASSED AND ADOPTED this day of Jenuary, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
SIXTH AMENDMENT TO TOWER SITE LEASE
AND JOINT USE AGREEMENT
CITY OF BOYNTON BEACH,
AT&T WIRELESS SERVICES OF FLORIDA, [NC.
and
PALM BEACH COUNTY, FLORIDA
Exhibits:
A Site Plan
B Premises
SIXTH AMENDMENT TO TOWER SITE LEASE
AND JOINT USE AGREEMENT
THIS SIXTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE
AGREEMENT, made and entered into this day of ,2001, by and
between The City of Boynton Beach, Florida, a municipal corporation, ("CITY"), AT&T
Wireless Services of Florida, Inc. a Florida corporation ("AT&T") and Palm Beach County,
a political subdivision of the State of Florida, hereinafter referred to as ("COUNTY")
WITNESSETH:
WHEREAS, CITY and West Palm Beach Cellular Telephone Company
entered into that certain Tower Site Lease and Joint Use Agreement dated November 18,
1986, (the "Original Lease") for the construction of a 320 foot self supported
communications tower upon the Premises; and
WHEREAS, CITY and Palm Beach County Cellular Telephone Company, as the
successor in interest to West Palm Beach Cellular Telephone Company, entered into that
certain Amendment to Tower Site Lease and Join[Use Agreement, dated June 21, 1988, (the
"Firs~ Amendment"); and
WHEREAS, CITY and Palm Beach Cellular Telephone Company, as successor in
tnterest to Palm Beach County Cellular Telephone Company, entered into that certain
Amendment Number Two to Tower Site Lease and Joint Use Agreement dated June 20,
1989, (the "Second Amendment"); and
WHEREAS, CITY, Palm Beach Cellular Telephone Company, and Richard P. Wille
as Sheriff of Palm Beach County, entered into that certain Joint Use Agreement dated
August 22, 1989, (the "Third Amendment"); and
WHEREAS, CITY and AT&T, as the successor in interest to Palm Beach Cellular
Telephone Company, entered into that certain Fourth Amendment to Tower Site Lease and
Joint Use Agreement in 1998, (the "Fourth Amendment"); and
WHEREAS, CITY, AT&T and COUNTY entered into a Fifth Amendment to Tower
Site Lease and Joint Use Agreement dated February 23, 1999, (the "Fifth Amendment").
The Original Lease, as amended by the First Amendment, the Second Amendment, the Third
Amendment, the Fourth Amendment and the Fifth Amendment are hereinafter referred to
as the "Tower Site Lease"; and
WHEREAS, pursuant to the Tower Site Lease, the predecessors of AT&T
constructed upon the Property, and CITY now owns, a 320' self supported communications
tower (the "Tower"); and
WHEREAS, in order to safely accommodate the equipment constructed and/or
installed by COUNTY, as per building permits issued by CITY and as contemplated in the
Fifth Amendment, it is necessary to enlarge the area assigned to COUNTY for COUNTY's
I/Se.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, and various other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree a~ follows:
1. The Premises shall be as described in the attached Exhibit A. ~vhich replaces
Exhibit A of the Fifth Amendment.
2. Section 4.0I is hereby modified to authorize COUNTY to install a generator of
sufficient capacity to power COUNTY's and CITY's communication equipment, in
lieu ofthe referenced 100 KW generator. In addition COUNTY shall have the right
to install r~vo (2) above ground propane fuel tanks. The location of said
improvements is depicted on the Site Plan attached hereto as Exhibit "B", which
replaces Exhibit "H" of the Fifth Amendment.
3. Except as modified by this Sixth Amendment. the Tower Site Lease remains
unmodified and in full rome and effect in accordance with the terms thereof.
IN WITNESS WHEREOF, COUNTY, AT&T, and CITY have executed this
Agreement, or have caused the same to be executed by their duly authorized representatives,
as of the day and year first above written.
AT&T WIRELESS SERVICES OF
FLORIDA, INC. a Florida corporation
By: .
Print Name and rifle
ATTEST:
City Clerk
THE CITY OF BOYNTON BEACH,
FLORIDA, a mumcipal corporation
of the State of Florida
By:_
Print Name and Title
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
City Attorney
ATTEST:
DOROTHY H. WILKEN, Clerk
By:
Deputy Clerk
PALM BEACH COUNTY, FLORIDA,
apolitical subdivision of the State of Florida
By:.
Warren H. NeweJl, Chair
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
Assistant County Attomey
(SEAL)
EXHIBIT "A"
(PAGE I OF 2)
LEGAL DESCRIPTION AND
~ ~:~' .
EXHIBIT "A"
(PAGE 2 OF 2)
LEGAL DESCRIPTION AND
SKETCH OF SURVEY
EXHIBIT "B"
SIXTH AMENDMENT TO TOWER
SITE LEASE AND JOINT USE
AGREEMENT
SITE PLAN
1 PAGE
./
Requested City Commission
Meet/ne Dates
[] November 21. 2000
[] December 5. 2000
[] December 1~. 2000
[] January 2. 2001
V-CONSENT AGENDA
ITEM C.5
CITY OF BOYNTON BEACIt
AGENDA ITEM REQUEST FORM
Date FinaI Form Must be Turned
in to Ciw Clerk's Office
November 9. 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meetin~ Dates
[] January 16, 2001
[] February 6. 200I
[] Febmary 20, 2001
March 6, 2001
Date Final Form Must be Turned
in to CiW Clerk's Office
Janumy 3, 2001 (5:00 p.m.j
January 17, 2001 (5:00 p.m.)
Febraary 7, 2001 (5:00 p.m.)
Febma~ 21,200l (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: That the City Commission ratify, the three year Collective Bargaining Agreement between the City
of Boynton Beach. Florida and the NCF&O, Local 1227 (Blue Collar Unit).
EXPLANATION: The City and the NCF&O, have been able to successfully negotiate a three year contract, which
agreement has been ratified by the Union. It is now before the Commission for ratification. The changes from the previous
agreement are shown as underilned (new language} and struck-through (deleted language).
PROGRAM IMPACT: N/A
FISCAL IMPACT: Outlined in Agreement
ALTERNATIVES: Do not approve Agreement.
~ ~/~4 ¢* Depar tmer~ead'gSignamre
City Manager's Signature
City Attorney
Department Name
City Attor~'/F~inance / Human Resources
S:~BULLETIN~ORMS~AGENDA ITEM KEQUEST FORM.DOC
RESOLUTION NO. R01-
A RESOLUTION OF THE CI'TY COMMISSION OF THE CTTY OF
BOYNTON BEACH, FLOR[DA, RAT[FY/NG THE 2000-2003
COLLECTIVE BARGAINING AGREEMENT BE1NVEEN THE CiTY
OF BOYNTON BEACH AND THE NATIONAL CONFERENCE OF
F~REMEN AND OILERS, SEIU, AFL-CIO; CLC (BLUE COLLAR
UN1T); AND PROVIDING AN EFFECtiVE DATE.
WHEREAS~ the City and the National Conference of Firemen and Oilers, SFTU, AFL-
IO, CLC (Blue Collar Unit) haVe been diligently negotiating a collective bargaining
agreement; and
WHER~, National Conference of Firemen and Oilers, SEIU, AFL-CIO, CLC (Blue
Collar Unit) have ratified the attached Collective Bargaining Agreement;
NOW, THEREFORE, BE rr RESOLVED BY THE cTrY COMMISSION OF THE
.'TRY OF BOYNTON BEACH, FLORZDA, THAT:~
Section 1. The City Commission of the City of Boynton Beach, Florida does
~ereby ratify the 2000-2003 Collective Bargaining Agreement between the City. of Boynton
5each and the National Conference of Firemen and Oilers, SEIU, AFL-CIO, CLC (Blue Collar
Jnit), a copy of which is attached hereto as Exhibit "A".
section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this day of February, 2001.
CITY OF BOYNTON BEACH, FLOR[DA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
~FF.CBA
[/29/97
AGREEMENT
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
THE NATIONAL CONFERENCE OF
FIREMEN AND OILERS, SEIU, AFL-CIO, CLC
LOCAL 1227
BLUE COLLAR BARGAINING UNTr
October 1, 2000 - September 30, 2003
City Manager
Bargaining Unit
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TABLE OF CONTENTS
Article
(PAGE NUMBERS WILL BE CHANGED
ON PREPARATION
Page
OF FiNAL
DOCUMENT)
1 Preamble .....................................
2 Recognition ..................................
3 Rights of Employees ..........................
4 Strikes ......................................
5 Non-Discrimination ...........................
6 Representation of the City. ..................
7 Union Representative .........................
8 Bulletin Boards ..............................
9 Grievance Procedure ..........................
10 Basic Work Week and Overtime ................
11 Sick Leave ..................................
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13
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15
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20
Funeral Leave ...............................
Military Leave ...............................
Leave of Absence .............................
Jury Duty ....................................
Maintenance of Conditions ....................
Seniority, Layoff, Recall ....................................
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Bargaining Unit
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Job Posting .................................................
Holidays .....................................
Vacation .....................................
Wages ........................................
Safety and Health .......................... 38
General Provisions ........................... 39
Savings Clause ............................... 41
Dues Deduction ............................... 42
Pension ......................................
Uniforms ..................................... 46
Substance Abuse .............................. 47
Management Rights ............................
Probationary Period ....................... 50
Longevity
Bonus Day ........................................
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City Manager
Bargaining Unit
ARTICLE 1
PREAMBLE
Section 1. This agreement is entered into by and between the City of Boynton Beach,
Florida, hereinai'ter refen'ed to as the "Employer" or "City", and the National Conference
of Firemen and Oilers, SEIU AFL-CIO, LOCAL 1227, hereinafter referred to as the
"Union".
The general purpose of this Agreement is to set forth terms and conditions of employment
and to promote orderly and meaningful labor relations for the mutual benefit of the City
of Boymon Beach in its capacity as an employer, the employees, and the citizens of
Boynton Beach. The parties recognized that the best interest of the community and the
job security of the employees of the City depend upon the City's success in establishing
and maintaining effective, proper and superior service to the community.
Section 2. The Parties agree that nothing in this agreemem shall prohibit the parties
from meeting and discussing any items of mutual interest.
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Bargaining Unit
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ARTICLE 2
RECOGNITION
Section 1. The City of Boynton Beach hereby recognizes THE National Conference
of Firemen and Oilers, SEIU LOCAL 1227 as exclusive representatives for the purpose of
bargaining collectively with the City relative to salaries and other conditions of
employment for ail employees in the below described bargaining unit
Section 2. The Union and management will prepare a listing of new job titles to be
included into a unit clarification petition to the PERC in order to include all approprlat~
bargaining unit members who received a position title change through implementation of
the City pay plan.
Section 3. Within thirt~ days of ratification, a committee ~hall be formed, which ~hall
include three representatives fi-om the union and three representatives from management
The purpose of the committee shall be to address concerns relative to the City's revised
job descriptions, duties, wage ranges, classifications, etc,. which employees may bring
forth to the committee. The role of this committee will cease six (6) months following
ratification of tiffs agreement. Nothing herein shall limit either the Union or the City
fi-om seeking unit clarification by petition to PERC.
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Bargaining Unit
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Secfion-5~_. The bargaining unit shall be is as approved by set f:Xk in PERC
Ce~,ficr.*dcn # . Nothing herein shall prevent either party, or both iointl¥,
from petitioning PERC for un/t clarification.
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Bargaining Unit
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ARTICLE 3
RIGHTS OF EMPLOYEES
Section 1. The employees ~n the bargaming unit shall have the right to join or assist
the Union or to refi:ain fi.om any such activity.
Section 2. The City agrees to the preservation of employee rights as described in th/s
Article.
Section 3. All prov~sious of this Agreement shall be applied fairly and equitably to all
employees in the Bargaining Unit.
Section 4. Employees may request a Union representative to be present when they
believe a formally scheduled meeting with a supervisor may lead to discussions which
could form the basis of disciplinary action.
Section 5. The City will provide each new employees with a copy of this Agreement
at the time of their initial orientation.
City Manager
Bargaining Unit
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ARTICLE 4
STRIKES
Section 1. The National Conference Of Firemen and Oilers Union, AFL-CIO,
LOCAL 1227 or their member agents or designees, agree during the life of this
Agreement that they shall have no right to engage in any work stoppage, slow down,
strike, or unlawful picketing.
Section 2. In the event of a strike, work stoppage or interference with the operation
and accomplishment of the mission of the City Administration, a state or international
representative of the Un/on shall promptly and publicly disavow such strike or work
stoppage and order the employees to return to work and attempt to bring about prompt
resumption of normal operations. The Union representatives shall notify the City. 12
hours after commencement of such strike, what legitimate measures it has taken to
comply with the provisions of this Article.
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· Bargaining Unit
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ARTICLE 5
NON-DISCRIMINATION
Section 1. The Employer and the Union agree that all provisions of the Agreemem
shall be applied' to all employees covered by it and the Employer and the Union affirm
their joint opposition to any discriminatory practices to the extent prohibited by law in
connection with employment.
Section 2. It is agreed that no employee shall be discriminated against, as prescribed
by State or Federal laws, in their employment because of race, creed, color, sex, age,
national origin, marital status, physical handicap, sexual orientation or membersh/p or
non-membership in the Union.
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Bargaining Unit
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ARTICLE 6
REPRESENTATION OF THE CITY
Section 1. The City shall be represented by the City Manager, or a person or persons
designated in {vriting to the Un/on by the City Manager. All collective bargaining
agreements shall be approved in the manner provided by Chapter 447, Florida Statutes.
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Bargaining Unit
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ARTICLE 7
UNION REPRESENTATION
Section 1. The Union, as representatives of the employees in the bargaining unit
covered by the Agreement, shall have the fight to present its views to Management on
matters of concern either orally or in writing. The "presentation of views" shall not be
construed to mean that the City shall be obligated to hold a formal heating on any matter
put forth bythe Union.
Section 2. The Employer agrees to recognize the officers, and stewards designated by
the Union as agents of the Union. The Un/on shall furnish written notice to the City
Manager's office of such t]~-designated Union officers or ztewardstewards prior to its.
their appointment becoming effective. The Employer recognizes the right of the Union to
designate seven (7) stewards and one chief steward from among the regular permanent
employees in the specified divisions.
Section 3. Non-employee officials of the Union shall, with proper notification, be
admitted to the property of the employer for purposes of administering the Agreement.
Union officials as designated above shall only be able to meet with employees in non-
work areas (i.e., break areas) and during non-work time.
Section 4. The City Manager will grant Union leave without pay for up to two
officers or stewards of the Union for up to a total of thirty (30) days per year in order that
they may attend conferences, seminars and similar events or other union activities related
to their representative function provided the leave does not adversely effect the on-going
day to day operations in the any department.
Section 5. The eight (8)stewards as designated herein may be released with pay at
the sole discretion of the department head or their designee, whose approval shall not be
unreasonably withheld, for the purposes of grievances, consultations with management to
settle issues prior to filing m'ievances, pre-determination hearings/meetings or when
requested by an employee to have union representation when being questioned by
management.
Stewards may use up to an accumulative total of 200 hours (100 hours for the chief
steward and 100 hours for all other stewards) per year for collective bargaining,
arbitration preparation and hearings_. Hours may be transferred from steward to steward,
provided the total for all eight (8) stewards does not exceed 200 hours. If the total hours
used exceeds 200, then stewards may be released without pay, and only at the discretion
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City Manager
Bargaining Unit
of the department head (or designee), whose approval shall not be unreasonably
withheld when releasing such employee does not adversely effect the on-going day
to day operations in any department. For purposes of th/s Article, a supervisor who must
deny a steward's request for time allowed for purposes outlined herein shall notify the
steward in writing, within two days, of the reasons for the denial and when the steward
can reasonably expect to be granted the time to carry out the purpose of his request.
Stewards shall maintain a Union Business time-out Slip which shall be processed to show
their accumulated hours used against the 200 hours per year granted. The form for this
purpose shall be attached hereto as Appendix "A" to this agreement.
Section 6. The membership of the bargaining unit shall be represented by the
President of the Union or by a person or persons designated in writing to the City
Manager. The President of the Union, or the person or persons designated shall have full
authority to conclude a Collective Bargaining Agreement on behalf of the Union subject
to a majority vote of those members of the Bargaining Unit voting on the question of
ratification. It is understood that the Union representative or representatives are the
official representative of the Union for the purpose of negotiating with the City. Such
negotiations entered into with persons other than those defined herein, regardless of their
position or association with the Union, shall be deemed unauthorized and shall have no
weight or authority in committing or in any way obligating the Union. It shall be the
responsibility of the Union to notify the City Manager in writing of any changes in the
designation of any certified representative of the Union.
Section 7. There Shall be created a Union Time pool. Each employee member shall
be allowed to voluntarily euntribute during the months of October and April, annual leave
for Union business. This time may be used for Union business, including negotiations,
upon request by the Union steward. A written request for the Union time pool shall be
submitted to the depadment head or the designee in advance of the requested time off for
attending conferences, seminars, and_union negotiations.
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City Manager
Bargaining Unit
ARTICLE 8
BULLETIN BOARDS
Section 1 The Union shall be provided space on bulletin boards at each location so
designated by the Employer in the areas where unit employees normally are assigned to
work for the use of LOCAL 1227. These bulletin boards shall be used for posting Union
notices, signed by a Union officer but restricted to the following:
B.
C.
D.
E.
Notices of Union recreational and social affairs;
Notices of Union elections and results of elections;
Notices of Union appointments and other official Union business;
Notices of Union meetings.
Union newsletter OnTrack (may be unsigned)
Section 2. All other information, including any notices containing any information
other than purpose, date, time and place may be posted on such designated areas and the
Union shall furnish the City Managers office with a copy. All costs incidental to
preparing and posting of Union materials will be borne by the Union. The Union is
responsible for posting and removing approved material on its bulletin board and for
maintaining such bulletin boards in an orderly condition.
Section 3.
office.
The Union shall not post endorsements for candidates who are running for
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Bargaining Unit
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ARTICLE 9
GRIEVANCE PROCEDURES
Section 1. A grievance is defined as a dispute or disagreement involving the
application or interpretation of this Agreement. Issues or disputes which are not
grievances as so defined shall not be subject to arbitration, but may be processed through
the grievance procedure only after all attempts to resolve the dispute through labor
management meetings has failed. The term "day" shall mean, ~ Monday through Friday,
exclusive of holidays recognized by this Agreement.
Section 2. No employee or group of employees may refuse to follow directions
pending the outcome of a grievance except where safety would be jeopardized.
Employees m the bargaining unit will follow all written and verbal directives, unless.the
employee has an objective basis to believe that his/her health and safety is threatened.
Compliance with such directives will not in any way prejudice the employee's right to file
a grievance within the time limits contained herein, nor shall compliance affect the
ultimate resolution of the grievance.
The parties agree that the grievance procedure shall be the sole and exclusive method for
resolving any dispute involving the application or interpretation of this Agreement.
Section 3. All grievance statements of appeal and answer must be in writing.
Grievances not appealed to the next higher step within the prescribed time limits will be
considered settled on the basis of the last answer by management. Failure by
management to observe time limits for any step of the grievance procedure shall entitle
the employee to advance the grievance to the next step. Grievance time limits may be
extended by mutual written agreement of the Union and the City.
Section 4. Grievance and Appeal Procedure Steps
aA. Employees who receive a verbal or written warnings may place a written
refutation into their personnel file to dispute the verbal warning or warning notice.
Should the employee not sustain an additional verbal or written warning for the same
offense within 24 montl~_ of the initial warning shall not be considered toward
progressive discipline..
B_~. Discipline, which is more severe than a written or verbal warning, but less severe
than a four-day suspension shall be appealed through the expedited grievance and
arbitration process. Unless the City and the Union a~ee within fiVe (5) days to appoint a
hearing officer, a hearing officer shall be appointed from a roster of mediators employed
by Mediation, Inc. The hearing officer shall be appointed with the understanding that the
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City Manager
Bargaining Unit
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hearing on the matter appealed will be heard within thirty (30) days followin~
appointment. Request for appointment ofa heanng officer shall be made by the City
to the Office Administrator of Mediation, Inc. Neither party shall participate h~ the
selection of the heating officer, but both the City and the Union shall be entitled to strike
(one strike each) the appoinm~em of the hearing officer for good
, cause .....u:~v., and
Presentation by either side shall be limited to two hours. Witnesses shall be limited to
four for either party. Court reporters and/or written briefs shall not be utilized by either
party. The arbitrator shall make a final and binding ruling immediately following the
hearing without explanation or the setting of precedent. The initial steps of the grievance
procedure shall apply m the expedited arbitration process~.
C Discipline that is more severe than a three-day suspension shall be appealed
through the existing grievance and arbitration process outlined below..
Step 1. Within five (5) days of the incident or the time which the employee should have
had knowledge of it, he/she may initiate a written complaint with his/her immediate
supervisor during regular working hours. He/she may have the Union steward present the
grievance to the supervisor if he/she desires. The discussion will include a description of
the action requested and the basis for the request. Within five (5) days, the immediate
supervisor shall respond to the employee with his/her decision in writing.
The written grievance should state the following:
A. A statement of the grievance and the facts upon which it is based.
B. The Articles and Sections of this Agreement alleged to have been violated.
C. The action, remedy, or adjustment requested.
D. The signature of the aggrieved employee and or union representative and date.
Failure to specifically state any of the four above items (items A-D) shall be grounds for
denial of the grievance.
Step 2. If the complaint has not been resolved in Step 1 within three (3) days, the
employee may appeal to Step 2 to the Division Director. Within five (5) days of receipt
of the grievance, the Division Director will contact the aggrieved employee and schedule
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Bargaining Unit
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a meeting within five (5) days to discuss the matter. The Division Director shall
respond in writing within five (5) days of the meeting.
Step 3. If the complaint is not resolved in Step 2 within tl~ee (3) days, the employee may,
within three (3) days of the Step 2 decision, appeal to Step 3 to the Department Director.
Within five (5 days of receipt of the grievance, the Department Director will contact the
aggrieved employee and schedule a meeting with/n five (5) days to discuss the matter..
The Department Director or his/her designee shall respond in writing to the employee
within five (5) days of the meeting.
Step 4. In the event the employee is not satisfied with the disposition of the grievance by
the Department Director, the employee shall have the fight m appeal the decision to the
City Manager within seven (7) days of the date of issuance of the Department Directors
decision. Such appeal must be accompanied by the filing of a copy of the ofiginal
grievance, together with a copy of all written decisions issued under earlier steps of the
grievance process, along with a letter signed by the employee requesting that the
Department Director's decision be reversed. The City Manager shall meet with the
aggrieved employee and the Union representative if the Union President forwards a
written request outlining the merits of such a meeting. Otherwise, the City Manager or
his/her designee may schedule a meeting to discuss the grievance. Evidence not
presented by the employee at such meetings shall not be considered by an arbitrator if the
grievance progresses m Step 5. The City Manager or his/her designee shall render a
decision in writing within ten (10 days of the appeal orthe meeting.
Step 5. In the event that a grievance is not settled under the foregoing steps of the
grievance procedure the employee is not satisfied with the disposition of the grievance by
the City Manager, and within ten (10) days of such decision, the dispute may be referred
by either party to an impartial arbitrator to be appointed by mutual agreement of the
parties. In case the City and the Union are unable to agree upon an impartial arbitrator
within fifteen (15) days after the conelnsion of Step 4, then on application of either party
a petition may be made to the Federal Mediation and Conciliation Service in Washington,
D.C. to supply the parties with a panel of arbitrators. The parties will select an arbitrator
from a panel by alternatively stalking names from the panel. The remaining arbitrator
shall be designated hereunder, to whom the grievance shall be submitted.
Section 5. The arbitrator shall have only jurisdiction and the authority to apply and
interpret the provisions of this Agreement. He/she shall not have jurisdiction to alter or
change in any way the provisions of this Agreement and shall confine his or her decision
solely to the issue of interpretation or application of the Agreement presented. The
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City Manager
Bargaining Unit
decision of the arbitrator on any matter within his/her jurisdiction shall be final and
binding on the Union, the City and the employees covered by the Agreement unless
the award is contrary to existing law or public policy, or is clearly erroneous as
determined by a reviewing court.
Section 6.
apply.
The hearing shall be informal and the strict roles of evidence shall not
Section 7. The arbitrator's fee and expenses shall be divided equally by the parties. In
the event of a settlement, the arbitrator's fee and expenses shall be borne equally by the
parties, unless they agree otherwise.
Section 8. Either party to this Agreement desiring transcripts of the arbitration
hearings shall be responsible for the cost of such transcripts.
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Bargaining Unit
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ARTICLE I 0
BASIC WORK WEEK AND OVERTIME
Section 1. The basic work week shall consist of forty (40) hours, unless otherwise
specified. The City Manager will establish and may change the basic work week and.
hours of work best suited to meet the needs of the department and to provide superior
service to the community. Nothing in this Agreement shall be construed as a guarantee or
limitation of the number of hours worked per week.
Task Assignment - Sanitation
A. Employees shall be held responsible for satisfactory completion of a daily task
asslgmnent.
B. Circumstances may arise which prevent task completion withn the work day. In
that event management may direct crews to complete the route(s) that same day.
C. Crews who have completed their own routes may be asked to assist on other
routes in order m maintain essential service to the community. Overtime compensation
for employees that work these assignments will be determined in accordance with Section
2 of this Article. Trash personnel assigned to Garbage (4-10 hour days) may leave after
working the assigned hours for that day, and if assigned to garbage for three (3) days in a
work week, will be paid 10 hours each day, or the hours Worked each day, whichever is
greater. Personnel normally assigned to Garbage (4-10 hour days) must report to work 3
days out of the work week to retain task status, or be on approved vacation or
administrative leave. If an employee assigned to garbage reports in sick for 2 days out of
the work week, he/she must report in for duty on Wednesday of that pay period. If an
employee is out sick for 3 days or more in a pay period, he/she will be paid and sick leave
will be charged based on 8 hour increments.
D. All task hms shall be equalized as closely as possible, as determined by the Public
Works Director.
Section 2. All authorized and approved work performed in excess of forty (40) hours
m any one work week shall be considered as overtime and shall be paid at the overtime
rate of one and one-half times the employees straight time rate Employees who regularly
work a ten (10) hour task system assignment day shall receive ten (10) hours pay for each
observed holiday. Employees who regularly work an eight (8) hour task system day shall
receive eight (8) hours pay for each observed holiday. Employees who work on a holiday
shall receive compensation as provided in Article 18, Section 3.
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City Manager
' Bargaining Unit
Section 3. Employees shall be required to work overtime as directed unless
excused by a supervision. In the event any employee is required to work approved
overtime, he/she shall not be requested to use annual leave nor be placed in a "leave
without pay" status during the basic work week in order to compensate or offset the
overtime hours worked or to be worked.
Section 4. An employee called back to work after having been relieved and having
left the assigned work station, or called in before h/s/her regularly scheduled work time,
shall be paid a minimum of two (2) hours pay at the rate of one and one-half (1 1/2)
times his/her basic hourly rate of pay when such callback is between the hours of 8:00
a.m. and 12:00 p.m. (midnight), and shall receive a minimum of three (3) hours at the rate
of one and one-half (1-1/2) times his/her basic hourly pay when such callback is between
the hours of 12:01 a.m. and 7:59 a.m. Employees shall be paid for the actual hours
worked for all hours worked in excess of the two (2) and three (3) hour minimum.
Section 5. Since the Utility Depat~tment ~s a seven (7) day per week continuous
operation, employees will have two (2) consecutive days off after completing their
regularly scheduled five day work week. In the event that an employee chooses to dr} so,
and it can properly be scheduled, their two days off per week may be split to
accommodate the needs of both the employee and the employer.
Section 6. Supervisors will provide no less than two (2) hours advance notice to
employees prior to the assignment of scheduled overtime, except in the case where the
supervisor has determined that the scheduling of overtime is done on an immediate basis
to meet the needs of the community.
Section 7. For purposes of overtime computation vacations, and the employee's use
of sick leave shall be considered as time worked. Funeral leave, holidays, jury duty,
annual military leave, family sick leave, 'and other absences fi.om duty on active pay
status shall not be considered as time worked for purposes of overtime computation.
Section 8. STANDBY TIME -- In order to provide coverage for services during off-
duty hours, it may be necessary to assign and schedule certain employees to standby
beeper duty. A standby beeper duty assignment is made by a depa~hnent direetor or
h/s/her designee who requires an employee on his/her off-duty time, which may include
nights, weekends or holidays, to be available for work due to an urgent situation. The
employee shall receive seventy five ($75.00) dollars per week for each week that they are
assigned beeper duty.
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City Manager
Bargaining Unit
Section 9. Full-time regular employees, who work eight (8) hours or more in any
scheduled work day shall have a fifteen (15) minute break twice a day - one during the
first four (4) hours of work and one during the second four (4) hours period. Any
employee group that would like to forgo their two fifteen minute breaks and add them on
to their lunch hour may do so upon a majority vote of the employee group. Regular
employees working less than eight (8) hours in any scheduled work day shall have one
fifteen (15) minute break during the scheduled work day. Generally, work breaks shall
take place in the field and travel time to and from the work break site shall be inclusive of
the fifteen (15) minute break.
Section 10. For employees that have a scheduled lunch break, the lunch period shall
start when released by your the supervisor. Employees working out in the field shall be
permitted to return to their work areas (10) ten minutes prior to lunch break for clean-up.
The maximum of ten (10) minutes travel time to and from the job site shall not be
counted as part of the lunch period, and stopping-for personal business shall not be
permitted. Employees working out in the field shall be permitted to return to their work
areas at the close of the work day fifteen (15)minutes prior to punch-out times for the
purpose of clean-up, paperwork preparation, and putting up eqmpment.
Section 11. Employees cannot be in a work status more than seven (7) minutes Imor or
seven (7) minutes after regular work day unless they have their supergisofs approval to
be in a work status. Each employee must be advised of the Official start and ending time
of their deparhnent work day.
For purposes of overtime, the City will follow the Department of Labor's "7/8 Minute
Rule". This rule means that an employee will not be eligible for overtime until he/she has
been on the job for more than seven minutes, i.e. at the start of the 8th minute they would
then receive 15 minutes at the overtime rate as outlined above. Likewise if they work 23
minutes they would be paid at 30 minutes overtime or if they work 22 minutes they would
be paid for 15 minutes at time and a half. This procedure will also be followed if an
employee reports to work late. The employee shall be marked as tardy using the same 7/8
Minute nde, for purposes of calculating payroll, however, an employee will be deemed
"tardy" if they appear for work anytime after the designated starting time. Any employee
that is tardy is subject to appropriate discipline.
Section 12. It is understood that the clock designated by an employee's supervisor to
record arrival and depm'nn~ shall be the clock against which timely reporting for work is
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measured. If at any time, that clock is deemed inoperative, the immediate supervisor
will advise employees of the clock which will be utilized in lieu of it.
Section 13. Employees shall be required to perform ~vork in a higher classification
only upon written memorandum by their supervisor. Employees who work in a higher
classification for twenty (20) continuous work days, shall receive a 5% increase in pa,/re
the first day of the assi,,onrnent, or the minimum of the higher classification, whichever is
greater until returned to their regular classification.
Employees shall be required only upon wrinen memo from their supervisor to 0erform
work in a hieher classification for training purposes. In this counection, they shall
perform that work without a 5% increase in pay during the first twenty (20) days of
continnous work in such higher classification. Should such training in the higher
classification continue beyond twenty (20) continunus work days, the employee shall
receive a 5% increase in pay or the minimum of the higher classification, whichever is
greater, retroactive to the first day of the assignment, nnIil returned to their regular
classification.
Employees who are assigned to tram another employee, ~hall be assigned in writing and
shall receive a 5% increase in pay during the time they are training another employee
Incidental training of co-workers with less experience is expected in all iob classificafinn~
and is not compensable under this section.
Section 14 Compensatory Time. The Fair Labor Standards Act (FLSA) provides that
any employee of a public agency who has accrued compensatory time and requested use
of this time, shall be permitted to use such time within a "reasonable period" after making
the request, if such use does not "unduly disrupt" the operations of the agency. The use of
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City Manager
Bargaining Unit
compensatory, time must be pursuant to some form of agreement or understanding
between the employer and the employee in conjunction with the appropriate record
keeping documentation. SUPERVISORS MUST APPROVE COMPENSATORY TIME
PRIOR TO ITS ACCRUAL.
In compliance with the FLSA, the City will apply the following schedule for members of
this bargaining unit:
Compensatory time will be used at the same rate the overtime rate would be paid. The
compensatory time must be used within thirty (30) calendar days of the pay period ~n
which it was earned. Accumulation and use of compensatory time must have the prior
approval of the employee's supervisor. Employees may not catty forward a balance after
thirty (30) days. The employee must take the time or be paid within the thirty (30) days.
It is solely the employees choice as to whether he/she wishes to be paid for their overtime
at one and one half times their regular hourly rate of pay, or take compensatory time.
The City will not encourage employees to take one form of compensation over the other.
Section 15. A joint labor/management committee composed of an equal number of
representatives from the union and management shall meet within the first six months of
the ratification of this agreement to study and make recommendations on ways to
minimize overtime costs and standby costs. The committee shall also meet to discuss any
problems relating to the changes made in the agreement regarding this Article.
Section 16. Certification Pay. The City shall pay $500.00 for each non-iob required
certification or license subiect to department head approval. The City shall also pay the
actual certification or license fee. Department head approval or denial is not subiect to
the .m'ievance and arbitration process. This provision shall not operate to reduce
certification incentive pay policies currently being implemented by departments.
Barqaining unit members who participate in deparmaental certification pay programs are
not entitled to participate in the $500.00 program set forth herein.
Section 17. Transfers. Employees may request a lateral transfer to any open position
for which they qualify. Management ~hall make every effort to place the employee
reque~tin~ the transfer prior to filling the position, however, this provision shall not
restrict management's right to select the most qualified individual to fill the position. If
the reason for the transfer is due to conflicts with supervisors or co-workers, the transfer
~hall follow only after mediation through the Human Resource Department.
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City Manager
Bargaining Unit
When an employee transfers to a lower position, the employee shall suffer no loss of
pay unless the employee's current hourly rate exceeds the maximum of the new, lower
salary scale. If.the emplo~,ee's hourly rate exceeds the maximum of the new, lower salary
scale, the employee's hourly rate shall be reduced only to the maximum rate of the lower
scale.
City Manager
Bargaining Unit
23
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Section 18. Emergency Pay Policy.
1. Whenever the City Manaqer declares that an emerqency condition exists.
and the City Hanaqer calls for preparedness actions to take ~lace either before.
durinq or after the emergency, the City Hanaqer may suspend those necessary
provisions of the collective barqa~ning agreement as long as the provisions
reqardinq pay and benefits shall remain in effect.
2. Durinq any declared emergency called by the City Manaaer. City
employees represented by Local 1227 who are sent home from work, and who
do not provide a service to the Qty, shall be credited with eiaht ¢8] hours of pay
or shift time at their reeular straiaht-time rate of DaY. for each work day they
remain assiqned at home durinq the emerqency. This eight(8~ hours of credited
pay or shift time shall be counted as ti me worked for purposes of comoutina
overtime.
3. Employees who are called in to work, and who provide a service tO the
City durinq the time of the declared emergency, also shall be credited with eight
(8) hours of pay at their regular straiqht-time rate of ~av or shift time for each
work day during the declared emeroencv. This eight (8~ hours or shift time of
credited pay shall be counted as time worked for purposes of comDutina
overtime. In addition, employees shall receive their regular hourly rate of Day. at
the aoDrooriate rate of pay, for all hours actually worked durina the emeraencv.
City Manager
Bargaining Unit
24
!~v301 t601. Rev4-0t2301,RevO12401
ARTICLE 11
SICK LEAVE
Section 1. An employee shall notify his/her immediate supervisor of his/her illness
within one (I) hour after before his/her normal work day begins. This procedure shall be
followed for each day the employee is unable to work unless prior approval is granted by
department management, wherein the employee notifies his/her supervisor of the length
of time he/she will be absent.
Section 2. Sick leave will be granted upon approval of the department director for the
following reasons:
A. Employee's health, or up to five (5) days per year for illness of immediate family
member the employee's parent, spouse, or child.
B. Medical, dental, or optical treatment which is determined hi writing by a physician
to be necessary and must be performed during working hours.
C. Quarantine due to exposure to contagions disease.
D. In connection with Workers' Compensation and which shall remain status quo
during the term of this Agreement
E. Sick leave pay may be paid (in cash) to an employee for extraordinary
circumstances of hardship and may be granted if the employee has the amount of sick
leave credited to his/her sick leave account. The sick leave cash out may not exceed
eighty (80) hours and the employee must retain a minimum of 120 sick hours on the
books. Denial of sick leave pay will be made in writing stating the reasons for the den/al.
Section 3. No employee shall be entitled to sick leave in the excess of the amount of
such leave accumulated to his/her credit. Employees may accumulate unlimited sick
leave.
Section 4.
leave.
An employee making a depaslmental transfer will retain any unused sick
Section 5. For all employees employed as of September 30, 1991, employees (or their
beneficiaries in the case of death) that have attained non-probationary status and are
regular employees will have payment made for unused sick leave at the rate of one half
25
City Manager
Bargaining Unit
(1/2) of the total number of hours accumulated, not taken, upon termination in good
standing, or retirement or death. Employees hired after October 1, 1991, that have
attained permanent status and are regular employees will have payment made for unused
sick leave at the rate specified in the table below, upon termination in good standing,
retirement or death.
Percent of
Continuous Years of Service
Accumulated Sick Leave
Less than 5 full years
More than 5 full years, but less than 10
full years
More than 10 full years, but less than 15
full years
More than 15 full years, but less than 20
full years
Upon ketirement from City Semce
0%
10%
15%
20%
30%
(Retirement shall include normal retirement, disability retirement, or early retirement as
defined in the appropriate Pension Plan).
Section 6. Unused sick leave may be accrued on an unlimited based on the currently
scheduled work week of forty (40) hours.
Employees may request and shall be covered by the provisions of the Family & Medical
Leave Act.
Sharing Sick Leave
(1) It shall be the policy of the City to penrdt an employee who has a minimum of
120 hours sick leave the oppommity of donating accrued sick leave time to a designated
employee whenever extraordinary c~xenmstances require the designated employee to be
absent from work for a lengthy period of time, and when the employee has exhausted all
accrued sick and vacation leave down to 40 hours.
(2) Extraordinary circnmstances shall be defined as lengthy hospitalization, critical
illness or injury.
(3) When there appears to be a need to share sick leave in accordance with Section 6.
A.2, bargaining unit members who are willing to contribute sick leave hours, must
26
City Manager
Bargaining Unit
confirm through the Finance Department that the hours are available, and shall
submit a Personnel Action form to the Personnel Office Human Resources
Department for proper charge to their sick leave records.
Section 7. No member shall be placed on restricted sick leave unless that employee
has had a counseling session with his/her Director or Department Head. During that
counseling session, the employee will be enforced informed of the reasons being
considered for restricted sick leave. At that time, the employee will be given an
opportunity to explain the sick leave taken, however, the Department Director shall have
the sole discretion to place the employee on restricted sick leave. When an employee is
placed on restricted sick leave, the employee will be notified in writing of that fact. An
employee placed on restricted sick leave shall be re-evaluated in three months. If no
violation is noted the employee shall be removed from restricted sick leave status. If not
re-evaluated within five (5) working days after the three (3) month period, the employee
will be automatically removed from restricted sick leave. The employee shall receive a
letter from the Department Director stating that he/she is being removed from restricted
sick leave.
Section 8. WORKERS' COMPENSATION: Whenever an employee is totally
disabled from duty for a period of no more than seven (7) calendar days because of an
injury determined to be compensated under the provisions of the Workers' Compensation
Act, he/she shall be entitled to full regular pay.
If the period of disability is greater than 7 calendar days, the employee will be eligible to
receive a sum of money up to an amount equal to the difference between his/her workers'
compensation check and his/her normal net take home pay. The injured employee will be
eligible to receive the salary supplement for a period not to exceed three (3) months from
date of injury.
At the end of the three months, or sooner, the City Manager, Department Head, and
Human Resources Director (or their designee's) will review the ease for a determination
of pay status. If continuation of the sala~ supplement is granted, it can be at any rate
determined equitable by the reviewing committee, but not to exceed an amount equal to
the net take home pay. In no case will the salary supplement be extended beyond six (6)
months from the date of injury.
After six (6) months from date of injury, the injured employee may elect to receive
accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular
hourly wage, to the extent that his/her combined sick leave or vacation leave, City
27
City Manager
Bargaining Unit
R~w301160l. Rev4-012301 .Rev012401
supplement, (if less than the full mount authorized) and worker's compensation
benefits equal his/her regular weekly net take home salary. The employee must
contact the payroll clerk to qualify for the combined check~
It is incumbent on the employee to make application for disability in accordance with the
pension plan they are members of, or the insurance plan they are covered under. Failure
to do this automatically cancels the additional City benefits.
If the appropriate disability plan denies the claim, the additional City supplement benefit
will be canceled. If the appropriate disability plan accepts the claim, the salary
supplement will be canceled at~er issuance of the disability pension check or at the end of
the time duration outlined above, whichever comes first.
If an employee who is receiving Workers Compensation payment along with City
supplement, sick or vacation leave, is found to be working or receiving compensation for
his/her services elsewhere, during this period, he/she will be obligated to reimburse the
City for all medical expenses and supplement, sick or vacation pay taken and shall be
subject m dismissal.
Section 9. LIGHT DUTY -- Employees may return to work with a Light Duty
Certificate and/or letter from their physician provided there is work available within the
Department that would comply with the Doctor's requirements If there is no such work
available the employee will remain on sick leave status until he/she has a full release to
return to work from his/her doctor.
City Manager
Bargaining Unit
28
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ARTICLE 12
FUNERAL LEAVE
Section 1 Bargaining trail employees shall be granted time off with pay to arrange
and/or attend funeral services in the event of death(s) in the immediate family as defined
in Section 2 of this Article. Proof of death will be required. Such time off will not
exceed five (5) working days for out of sate and three (3) consecutive working days for in
state. At the employee's option, five (5) working days out of state funeral leave may be
taken in two (2) segments of not less than two (2) days each, provided that all five (5)
days are taken with/n a sixty (60) day period, and documentation establishing out of state
travel related to the death is provided to the Human Resources Director.
Section 2. For purposes of this Article, the employee's immediate family is defined as
a permanent employee's husband, wife, ,son, daughter, grandchild, son-in-law, daughter-
in-law, father, mother, father-in-law, mother-in-law, brother, sister, grandparents, foster
parents, foster child, step-mother, or step-father or step-child.
Section 3. Funeral leave shall not be charged to vacation, compensatory time, or sick
leave and may not be used to trigger an overtime payment in any work period unless the
employee has worked in excess of 40 hours without the funeral leave computation.
Section 4. The City Manager may grant additional leave under this Section which
shall be debited against the employees annual or sick leave time or may be granted as
leave without pay.
City Manager
Bargaining Unit
29
ARTICLE 13
MILITARY LEAVE
Section 1. All employees ~n the City service who are members of military reserve
units and who must attend annual training sessions are entitled to leave of absence with
full pay. The City of Boynton Beach pursuant to Florida Statute 115.07 - Officers and
Employees Leaves of Absence for Reserve or Guard Training, will grant up to seventeen
(17) calendar days with pay each year in order that such employees may fulfill their
milita~ obligations.
Full-time permanent employees in the City service who are called to perform military
service will be granted a leaVe of absence without pay for such service in accordance with
the provisions of Public Law 93-508, Section 2021 - Right of Re-Employment of
Inducted Persons; Section 2024 - Right of Persons Who Enlist or are Called to Active
Duty;, reserves.
City Manager
Bargaining Unit
30
ARTICLE 14
LEAVE OF ABSENCE
Section 1. LEAVE WITHOUT PAY - A regular employee may be granted leave of
absence without pay for a period not to exceed one (1) year for sickness, disability or
other good and sufficient reasons which are considered to be in the best interest of the
City. Such leave shall require the prior approval of the Department Head, Human
Resources Director and the City Manager. Employees that are on approved leave of
absence without pay will be responsible for paying all of their benefits, i.e. insurance, etc.
Except under unusual circumstances, voluntary separation fzom the City service in order
to accept employment not in the City service shall be considered as insufficient reason for
approval of a request for leave of absence without pay. If for any other reason, leave of~
absence without pay is given, such leave of absence may subsequently be withdrawn and
the employee recalled to service: All employees on leave of absence without pay are
subject to applicable provisions of these rules.
City Manager
Bargaining Unit
31
ARTICLE 15
JURY DUTY
Section 1. An employee who is legally summoned to serve on a jua-y or as a
subpoenaed witness in a case relevant to the City shall be permitted absence with pay for
the time required from such duty. However, such paid time will not be used in the
computation of any overtime for the pay period that the leave falls in unless the employee
works in excess of 40 hours in the pay period without the calculation of the jury duty
time.
Section 2. If an employee is called for jury duty he/she shall promptly notify his/her
immediate supervisor within five (5) days of receipt of the summons.
Section 3. In the event a holiday shall occur during the period of the employee jury
duty, he/she shall receive pay for such holiday at straight time.
Section 4. The employee must provide the department director with proof of jury
duty service, before compensation is approved.
Section 5. Payment for jury duty will be made as follows:
A. JURY DUTY/WITNESS FEES- All pay granted under this section must be
approved by the City Manager. Leave with pay may be authorized in order that regular
employees may serve required jury duty or a subpoena issued by a court of law to appear
as a witness on cases relevant to the City, provided that such leave is reported in advance
to the Human Rasoureas Director. In order for the employee to receive their regular pay
for such leave the employee must deposit the money which he/she receives for jury duty
or as a witness with the City Finance Department for those days that coincide with his/her
work schedule. Employees can keep only travel expense money. Employees subpoenaed
as witnesses in cases unrelated to City business may take vacation leave in order to
receive pay.
City Manager
'Bargaining Unit
32
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ARTICLE 16
MAINTENANCE OF CONDITIONS
Except as provided herein, the status quo as it pertains to conditions shall remain ~n
effect for the duration of this Agreement. Changes m rules and regulations wNch reflect
standing policy, past practices, management fights, minor changes, and changes which do
not impact on members of this unit may be made by the City upon notification to the
Union. There is no non-salary (wage or allowance) monetary benefit, except as set forth
or incorporated by reference in this Agreement.
City Manager
Bargaining Unit
33
ARTICLE 17
SENIORITY & LAYOFF & RECALL
Section 1. For the purpose of this Contract, "seniority" shall be defined as the
employee's length of continuous service with the City of Boynton Beach. The City and
the Union recognize the value of an experienced work force and agree that an employee's
seniority shall be considered, along with the needs of the City, when affecting decisions
on vacations, promotions and shifts.
Section 2.
Employees shall lose their seniority for the following reasons:
Termination
Retirement
Resignation
Layoff exceeding the period of recall
Unexcused absences for three (3) or more days
Failure to report to the human resources office
intention of
returning to work within five (5) days of recexpt of recall as
verified by certified mail.
Failure to report fi:om military leave within the time prescribed
Section 3. Layoff and recall of employees shall be handled in the following manner:
a. The City Manager may lay-off any employees in the bargaining unit
whenever such action is made necessary because of shortage of work or funds, the
abolition of a position or changes in the work force.
However, no regular employee shall be laid off while there are employees
with less seniority or temporary or part time or previsional or probationary employees in
the same classification serving in the department where the lay-off occurs.
b. Whenever a layoff of one or more employees becomes necessary the City
Manager shall notify the Union at least two weeks in advance of the intended action and
the reasons therefore.
c. Such layoff will be made in reverse order of seniority within the
department. Senior laid-offemployees of the department shall be able to displace Comp)
junior deparunent employees who are in any equivalent or lower classification for which
the bumping employee is eligible for or for which he qualifies.
City Manager
Bargaining Unit
34
Rev30] 1601. Rev4-012301 .RevO 1240 l
d. Laid-off employees also shall have the right to accept the lay-off. In
this connection, the laid-off employee shall have his name placed at the top of the
eligibility list for any position which becomes open, and for which the employee is
qualified. The employee may pass or accept placement into any_such open position for a
period of one year.
Employees shall have recall rights for a period of one year from the date the lay-off took
affect. Upon recall, employees shall have all seniority and benefits restored with the
exception of any benefits that were cashed in during lay-off period.
Employees may also chose to accept the lay-off at the time of the initial lay-off and
receive a severance package of one months' wages. In this connection, the employee may
not reapply to a position within the City for one year from the date the lay-off took affect
and shall not be placed on the recall list.
e. It shall be incumbent on the laid-off employee to ensure the City has
information pertaining to his most recent address for the purpose of recall.
f. Employees shall be recalled in the inverse order of the layoff. The City
shall recall employees via a written document usIng the US Mall service. Recall letters
shall be sent certified, w/th a return receipt requested. Employee shall have ten (10)
business days to respond to the recall letter. A laid-off employee who is temporarily
unable to return to work due to medical reasons shall receive an extension of recall rights
not to exceed four (4) months.
City Manager
Bargaining Unit
35
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ARTICLE 18
JOB POSTING
Section 1. The City shall post, in the Human Resources Department, written
promotional examinations, 10 days prior to the test date. Whenever a vacancy in the
bargaining unit is to be filled, job announcements for that vacancy will be advertised
internally for I0 working days. A notice shall be mailed or sent by facsimile at the time
of posting, to the union. Applicants from within the City employee work force desiring to
fill such a vacancy shall apply in writing by filling out the appropriate application. Test
results shall be posted in the Human Resources Department and the applicable
Department by social security number.
Section 2.
A. Certification and selection for entrance positions: The Human Resources Director
as soon as feasible shall certify from the appropriate eligible list the three (3) persons
whose scores stand highest thereon, giving their names and examination grades.
Whenever a group of three (3) eligibles is certified, one of the candidates must be
appointed to the position under consideration. Only under exceptional conditions, as
practiced under the stares quo conditions enjoyed by this bargaining unit shall the three
(3) names of eligibles be passed over. A request of this type shall be submitted in writing
by the Depmu.ent Head to the Personnel Human Resources Director giving specific
reasons for rejecting each of the names on the list of eligibles for the next three (3)
eligibles whose standing is next highest on the list.
Eligibles not selected shall be returned to the register in accordance with their respective
grades. Such eligibles shall be recertified in groups considered a total of three times and
then removed from the eligible list. If more than one vacancy exists, certification will be
as outlined above with one additional name added for each vacancy. In the case of
identical scores, the eligibles will be submitted as tied and_considered for one position of
the three positions submitted.
B. Certification and selection for promotional positions: The Human Resources
Director shall as soon as feasible certify from the appropriate eligible list for each
vacancy, the names and scores of the three peisons who stand highest on the eligible list.
Only under unusual conditions satisfactory to the appointing authority, who is the City
Manager, shall the names of the eligibles be passed over. Requests to by-pass the names
of the three highest persons on the list shall be submitted in writing by the Department
Head giving specific reasons why the persons whose names appear highest on the list
36
City Manager
Bargaining Unit
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should be by-passed. The Human Resources Director then shall certify the name of
the next three highest on the list to the Department Head. If all three employees are
passed over under the provisions outlined in the preceding paragraph they shall be
notified in writing by the Human Resources Director prior to certifications of the next
three names highest on the list.
Section 3. Budgeted and promotional vacancies occurring in any position within this
bargaining unit will be filled in accordance with the applicable status quo provisions
enjoyed by this bargaining unit.
Section 4. The City shall make every effort to fill open barqa{nlng~ unit positions
within 60 days of the position becoming vacant, except in the last quarter of the fiscal
year.
City Manager
· Bargaining Unit
37
Rev301 [ 60 I. Rev4.0 [ 2301 .P. ev0 12401
ARTICLE 19
HOLIDAYS
Section 1. The following holidays shall be observed for employees in the bargmnmg
unit
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
In addition, the employee may take his or her birthday, with notice to their supervisor.
Birthdays that fall on a weekend may be taken on Friday or Monday without prior notice.
If taken the birthday will be charged as a vacation day. Holidays are not cumulative or
interchangeable.
Section 2. For each observed holiday, a full-time employee shall be entitled to eight
(8) hours of pay at the employee's regular rate of pay, except where employees are
normally scheduled to work a ten (10) hour day. In that case, they shall receive ten (10)
hours of pay. In all events, where the employee is scheduled off for the holiday, the
employee shall be paid straight time for not working that holiday. In the event that an
employee is scheduled on during a holiday, the employee shall be paid their regular rate
of pay for working the holiday (at time and one-hal0 and shall be paid straight time for
the holiday. Hourly rate employees must work their regular, work days immediately
before and after the holiday in order to receive pay for the holiday or be in an authorized
with pay stares immediately before and after the holiday.
Section 3. A full-time employee required to work and who actually works on an
observed holiday shall receive time and one-half (1 1/2) their regular rate of pay for all
hours worked in addition to that payment provided in Section 2.
Section4. The City will make every reasonable effort to schedule Sanitation
employees assigned to the Task System off on all holidays. In this connection, the
38
City Manager
· Bargaining Unit
Sanitation employees who are scheduled off may be scheduled to work on
Wednesday of the week in which the holiday falls.
Section 5. ,Employees on vacation, annual military leave, jury duty, sick leave,
funeral leave, and other absences fi.om duty, but on active pay stares on the day the
holiday is observed must use the holiday on the same day that it is earned. Holidays that
occur during vacation leave shall not be charged against such vacation leave.
Section 6. Holidays falling on a Saturday shall be observed the preceding Friday.
Holidays falling on Sunday shall be observed the following Monday.
City Manager
Bargaining Unit
39
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ARTICLE 20
VACATION
Section 1. The following outlines the vacation leave policy for the 40 hour employee:
Plan A: The following language and schedule apply to all full time employees with
an employment date prior to Oet0ber 1, 1991.
Each full time employee shall earn vacation leave at the rate of one working day per
month during the first year of service. Each employee shall, at the end of each year
thereafter, be credited with additional vacation days (accumulated in hours) for each full
year of continuous service as outlined in the chart below. The number of days/hours
credited per year will not increase after the 21st year of service unless the included chart
is amended. Employees on initial one year probation are not eligible to take vacation for
the first six months. Vacation maybe accrued in accordance with the following schedule:
PLAN A
VACATION ACCRUAL POLICY
(Based on 40 hour work week)
Years of Service
Vacation Days
Vacation Hours
I Years 12 96
2 Years 15 120
3 Years 15 120
4 Years 16 128
5 Years 17 136
6 Years 18 144
7 Years 19 152
8 Years '20 160
9 Years 21 168
10 Years 22 176
11 Years 22 176
12 Years 22 176
13 Years 22 176
14 Years 22 176
15 Years 22 176
16 Years 24 192
17 Years 24 192
4O
City Manager
Bargaining Unit
18 Years . 24
192
19 Years 24 192
20 Years 24 192
21 Years & After 25 200
Vacation leave may be taken as earned subject to the approval of the Department Head
who shall schedule vacations so as to meet the operating requirements of the Department.
Employees may accrue vacation leave to a maximum of the leave earned in the most
recent two employment years. Vacation leave accrued during October 1 - September 30
may exceed this stated policy, however, any amount over the allowable maximum that
has not been used during that ( October I - September 30 ) period will be forfeited as of
September 30. However, employees who have been denied vacation shall have the
excess vacation hours paid to them, at their regular straight time rate of pay in the last pay
check of the fiscal year.
Vacation requests must be approved or denied within thirty (30) days of the date of the
request.
Employees may cash in up to eighty (80) hours of vacation for emergencies or
extraordinary cases of hardship if the employee has the time accrued in his/her account
provide& however, the combined cash out of sick and vacation in any one contract year
shall not exceed eighty (80) hours. The employee may take advantage o f this right once
during the term of this Agreement.
Plan B:The following language and schedule apply to all full time employees with an
employment date of October l, 1991 and thereafter. Each full time employee shall earn
vacation leave at the rates shown in the schedule outlined in this Section B. Each
employee shall at the end of each year be credited with additional vacation days
(accumulated in hours) for each full year of continuous service as noted in the chart
below. The number of days/hours credited per year will not increase after the 20th year
of service unless the schedule is amended. Employees on their initial one year probation
are not eligible to take vacation for the first six months of employment.
Vacation may be accrued in accordance with the following schedule:
PLAN B
VACATION ACCRUAL POLICY
City Manager
Bargaining Unit
41
(Based.on 40 hour work week)
Years of Service Vacation Days
1 Year 6
2 Years but less than 5 12
5 Years but less than 10 15
10 Years but less than 20 17
20 Years and after 20
Vacation Hours
48
96
120
136
160
City Manager
Bargaining Unit
42
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ARTICLE 21
WAGES
Section l. Reclassifications~ upgrades or promotions~ which are planned to occur
at the beginning of the fiscal year shall not be implemented in a manner and order,
City Manager
Bargaining Unit
43
which will defeat, diminish or avoid any of the base wage increase adiustments
set forth in this Agreement.
Effective the 2"d pay period following ratification of this agreement~ and retroactive
ro October I, 2000, employees shall receive a 4% base wage increase, Employees
who have reached the maximum of their pay scale or who will be above top-out shall
receive a lump sum payment for the portion of the 4% increase which is above the
maximum of their pay scale.
Pay for performance evaluation forms shall be developed by the Human Resource
Department who shall seek input from the Union and the Department Heads, and
shall be completed by no later than April 1, 2001. The input from the Union shall be
advisory to the Human Resource Director and reiection of a recommendation shall
not constitute grounds for a grievance or an unfair labor practice. The first
evaluation period under the City's pay for performance program shall commence
April 1, 2001 and .end March 31, 2002. During the evaluation period(s), employees
who receive a score of "satisfactory' shall receive a 2% merit increase, employees
who receive a score of "above satisfactory" shah receive a 3% merit increase, and
employees who receive a score of "outstanding" shall receive a 4% merit increase.
Employees who have reached the maximum of their pay scale or who will be above
top-out shall receive a lump sum payment for the portion of the merit increase
which is above the maximum of their pay scale.
On September 30, 2001, the maximum of each employees salary range shall be
increased by 5%. On October 1, 2001, all members of the bargaining unit shall
receive a 2% base wage increase. Employees who have reached the maximum of
their pay scale or who will be above top-out shall receive a lump sum payment for
the portion of the 2% increase which, is above the maximum of their pay scale. On
February 1, 2002, the employees supervisor shall issue the employees preliminary
performance evaluation. Employees shall be evaluated in an unbiased and fair
manner. A sixty (60) dav review~ guidance and consultation period will follow
which shall give the employee an opportunity to improve his overall performance
evaluation score, i~,mployeee nhall be eligible for a 0%.4% merit based, base wage
increase as s~_~t_od in paragraph three of this Article, payable on the second pay
period following April 1~ 2002. Employees who have reached the maximum of their
pay scale or who will be above top-out shall receive a lump sum paymenl for the
portion of the merit increase which isabove the maximum of their pay scale.
City Manager
Bargaining Unit
J:~SHRDATAXCA\C olleetive BaruainineXBlue Collar - NCF&O\CBAkBB Blue 01240
On October 1, 2002, all members of the bargaining umt shall receive a 2% base
wage increase. Employees who have reached the maximum of their pay scale or who
will be above top-out shall receive a lump sum pa~auent for the portion of the 2%
increase which is above the maximum of their pay scale. On February 1, 2003, the
employees supervisor shall issue the employees preliminar~ performance evaluation.
Employees shall be evaluated in an unbiased and fair manner. A sixty (60) day review,
guidance and consultation period will follow which shall give the employee an
opportunity to improve his overall performance evaluation score. Employees shall be
eligible for a 0%-4% merit based, base wage increase as stated in paragraph three of thi~
Article, payable on the second pay period following April 1, 2003. Employees who have
reached the maximum of their pay scale or who will be above top-out shall receive a
lump sum pa,anent for the portion of the merit increase which is above the maximum of
their pay scale.
All lump sum payments shaLl be pensionable.
Section 2 FAMILY HEALTH CARE REI,IF, F. Effective October 1~ 2000~ the Cit3~
shall provide employees covered by this Agreement with an additional 1% of
bar~ainin~ unit oavroH (as established prior to the adiustments provided for in thia
Agreement) to relieve the increased health care costs on employees. The parties
agree to distribute the amount to bargaining unit members in a manner determined
by the bargaining unit.
Section 3. When an emptoyee is advanced to a position in a higher classification
level, the employee will be placed within the appropriate classification level which will
provide a daily rate increase as follows:
bo
do
City Manager
Bargaining Unit
Promotion or regrade from non-exempt m exempt:
(+10% of mid point of new grade or to minimum of new ~rade level
whichever is greater)
Promotion or regrade of one grade:
(+ 5% of mid point of new grade or to mimmnm of new grade whichever
is greater
Promotion or regrade of two grades:
(+ 7.5% of mid point of new grade or to minimum of new grade whichever
is greater
Promotion or regrade of three or more .grades:
(+10% of mid point of new grade or to minimum of new grade whichever
is greater)
45
Should management determine a newly hired employees' credentials warrant
receiving an annualized base salary above the entry level into the classification,
the ne~v employee may start his/her emplownent with the City at no more than the
mid-point above the entry level rate for his/her classification.
ARTICLE 22
SAFETY AND HEALTH
Section 1. The City shall comply with all State and Federal regulations pertaining to
the occupational safety of the members of this bargmning unit.
Section 2. Employees in classifications/positions where it is warranted, will receive
up to two (2)pairs' .... ~-~ ,-~/~ .,~;,v~.. of safety shoes/boots per year from a list of safety I
shoes/boots chosen by management. The City/Safety Committee will be responsible for
deciding which positions require the wearing of safety shoes based on OSHA standards
and recommendations. Management shall determine the type and quality of such shoes.
The employees designated to receive shoes will be allowed to chose directly from the
vendor, or shall be reimbursed one hundred percent (100%) of the price of safety
shoes/boots up to $75.00 per pair. ~'~ V~,l^...; ...........
If the employee wishes to be reimbursed, at the above scheduled rate, for the cost of
safety shoes, the employees must purchase the shoes at a vendor designated by the City.
The City will bid both the shoe van and a fixed store prior to desi~ating a vendor. The
employee must submit a receipt for proof and amount of purchase. This will obligate the
employee to work each day in safety shoes. If these safety shoes become unsafe or
unusable based upon normal work related wear and tear, the City will authorize the
purchase of replacement shoes/boots for the employee. If these safety shoes become
unusable based upon conditions other than normal work related wear and tear, the
employee will be required to purchase, at their own expense, replacement safety shoes of
a similar kind.
City Manager
Bargaining Unit
46
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Section 3. Those employees of the Beach Patrol who are assigned lifeguard
duties will be provided adequate protection fi.om the sun and weather by the City.
The City agrees to provide masks or goggles, sunscreen lotion, bathing suits, and winter
jackets as required by the department for those assigned actual Beach Patrol duties.
Section 4. The City shall make available immunization shots for tetanus, and
diphtheria for all members of the bargaining mt as requested on a voluntary basis.
City Manager
Bargaining Unit
47
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ARTICLE 23
GENERAL PROVISION
section 1. The City and the Union agree to share the cost of reproducing this
Agreement in pocket size booklet form.
Section 2. Except in the case of negligence or misuse all employees requested to
fumish tools for their job shall receive replacement tools for tools broken in p~rformance
of the City's work provided they furnish the City with a list of their personal tools
approved by their department head. Employees who are assigned City provided tools,
materials and items of value to perform their job, and who lose those tools, materials and
items of value, shall be responsible for replacing those lost tools, materials and items of.
value. Tools stolen from their assigned City owned vehicle or City property shall be
replaced by the City, if there was not negligence in their loss. In the event that the
employee was negligent, the employee shall be responsible for the replacement of the
stolen tools.
Section 3. The City shall pay the total medical, hospitalization, and dental insurance
premium for all regular employees. The employees will pay the full cost of medical,
hospitalization and dental insurance for their dependents. Existing or comparable
coverage ~ball remain in effect for the duration of this Agreement; however in the event
the City can provide for alternative equivalent benefits options for employees then the
health insurance coverage for the employee and their dependents may be amended from
time to time. In this connection, should the employees' cost to provide dependent
coverage £or their dependents increase more than 15 % during any fiscal year, the City
agrees to open this Article for the purpose of impact bargaining.,.,..~.~,~:"+; ........... ..L ~v...~,,~.,.~'~
- ,~-~ The review
and selection of insurance coverage shall be made on an annual basis by the City. To that
end, the City will form an insurance committee to be comprised of an equal number of
non-represented members who are appointed by the City Manager and two members from
each of the city's bargainln~ units. Bargmning unit representatives shall be designated by
the Union, The final decision regarding selection of coverage is reserved to the City, but
the City ~hall strongly consider input and recommendations from the insurance
committee.
City Manager
48
Bargaining Unit
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Section 4. ~ The employee shall be allowed to place written responses in their
personnel file and/or departmental work file when those responses relate to material
placed into the personnel file which has been prepared by the supervisors (i.e. reprimands,
written comments).
Section 5. A persormel file for all City employees is maintained by the City's Human
Resources Department. If a request is made to review an employee's personnel file by
someone other than the Department D~rector, the Human Resources Department Staff or
the City Manager's office, a notice will be sent to the employee notifying him/her of such
a request. Consistent with State law, the City agrees that upon request, a member shall
have the right to inspect his/her own personnel records and shall have the right to make
duplicate copies of his/her records at no expense. The City will purge personnel files in
accordance with appropriate Florida State Statutes. The employee file maintained by the
Human Resources Department shall be the official file for each employee. Prior
disciplinary actions, beyond a three (3) year time frame, recorded on the employee
personnel file that are not pertinent to the particular action being considered, shall not be
referred to in any current disciplinary action.
Section 6. - Tuition Reimbursement: The City will provide reimbursement for tuition and
books for any full time permanent (completed their year's probation) employee who
chooses to obtain a High School degree, G.E.D. or equivalent, or who chooses to attend
an accredited college or university.
Except for enrollment in a G.E.D~ or High School Equivalency program, employees
meeting this criteria will initially pay for tuition and books, and be reimbursed by the City
upon presentation of documented completion of the course. The employee who attains a
grade of "A" or better will receive 100% reimbursement; a grade of "B" or better, 75%
reimbursement; or a grade of "C" or better, 50% reimbursement of the tuition and books
for the course. In the event that the course is a mandatory pass/fail course, a grade of
"passing" shall be treated the same as a "C".' Employees will receive no compensation for
a grade below "C". Employees who wish to enroll in a G.E.D. or High School
Equivalency program may, upon the submission of appropriate registration materials, be
advanced by the Finance Department, a check for the cost of registration and books.
Courses must lead to a degree in the field of discipline that may, in the opinion and with
the approval of committee, enhance the member's performance in their department. The
committee to review the validity of the course and degree program for which the
reimbursement is applied will be made up of the employee's Depar~ent Head, and the
Human Resources and Finance Directors or their designees. Approval for participation in
49
City Manager
B~gaimng Unit
the reimbursement program must be made prior m enrolling in the course. The
committee will forward the recommendation to the City Manager who will have the
fmal approval for payment. Employees are eligible for a maximum of $750 per fiscal
year on a first come first served basis, but in no case will reimbursement funds be
approved that exceed the budgeted allowance.
This benefit will not be retroactive and will only cover classes taken in the fiscal year
applied for.
City Manager
Bargaining Unit
50
J:~SHRDATAXCA\Collecfive Barea nine~Blue Collar - NCF&O\CBA~BB Blue 0 2401.doc: ' . '
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ARTICLE 24
SAVINGS CLAUSE
Section I. If any article or section of this Agreement should be found invalid,
unlawful or not enforceable, by reason of any existing or subsequently enacted legislation
or by judicial authority, all other articles and sections of this Agreement shall remain in
full force and effect for the duration of this Agreement.
City Manager
Bargaining Unit
51
ARTICLE 25
DUES DEDUCTION
Section 1. Employees covered by this Agreement may on the prescribed form,
authorize payroll deduction for the purpose of paying LOCAL 1227 dues. Employees
shall receive copies of the form from their Union office.
Section 2. The Union will initially notify the City as to the amount of dues. Such
notification will be certified to the City in writing over the signature of an authorized
officer of the Union. Changes in Union membership dues will be similarly certified to
the City and shall be done at least one (1) month in advance of the effective date of such
change. To revoke the payment of Union dues~ the employee shall go to the Union office
and Union staff shall prepare and mail notice of such change to the Ci~s Finance
Department.
Section 3. Dues shall be deducted each pay period and remitted monthly and the
funds shall be remitted along with a list of employees contributing to the Treasurer of
LOCAL 1227 within fifteen (15) days after the end of the month. The Union will
indemnify, defend and hold the City harmless against any claims made or suits instituted
against the City on account of payroll deduction of Union dues.
Section 4. For the purpose of putting this article into effect, the Union will furnish
forms for such individual authorization reading as follows:
City Manager
Bargaining Unit
52
NOTICE TO EMPLOYER AND UNION AUTHORIZATION
FOR DEDUCTION/DISCONTINUATION OF UNION DUES
I hereby authorize my employer to deduct from my salary each pay period my Union
dues, as certified to the employer by the Union, and to transmit tiffs mount to the
Treasurer of the Union.
I understand that this authorization is voluntary and I may revOke it at any time by giving
my employer and the Union thirty (30) days advance notice in writing.
Date Signature
Job Title Name Printed
Social Security No.
City Manager
Bargaining Unit
53
ARTICLE 26
PENSION
Section 1. Employees will continue to participate in the employees pension plan of
the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's
annual actuarial valuation report will be provided to the Union, in its entirety, upon
request from the Union.
54
City Manager
Bargaining Unit
Rev301 [601. Rev44) 12301 .Rev0 [ 2401
City Manager
Bargaining Unit
55
ARTICLE gg27
UNIFORMS
Section 1. The City will issue a newly-hired employee the following properly fitted
standard industrial quality uniforms thirty (30) days after starting work:
5 Green short-sleeve or long-sleeve work shirts
5 Green work pants
5 Tee Shirts
Section 2. Employees have been furnished a uniform and must wear their uniform to
work. Bargairdng unit members are being given a sufficient number of uniforms to make
a neat, clean appearance at work every day. Bargaining unit members will not be allowed
to start work each day unless they are in full uniform. Employees must purchase
additional uniforms if necessary to comply with this Section unless the uniform is
replaced pursuant to Section 6 of this Article.
Section 3. Bargaining unit members agree to maintain the uniforms and to hem the
pant leg(s) properly. (There will be no cutting or tipping of raw, unfinished edges, rolling
up, stapling or scotch taping.)
Section 4. The City Manager, in his/her sole discretion, may permit employees in
certain classifications to wear shorts. When worn, shorts must be neatly tailored from the
uniform pants and hemmed without frayed edges or cuts, and must fall within four (4")
inches of the kneecap. During the term of this agreement and thereafter, the City
Manager in his/her sole discretion may change the decision made under this Section and
the Union agrees to waive any bargaining over such changes.
Section 5. Bargaining unit members will be entitled to a reissue of properly fitted
standard industrial quality uniforms; Reissue of uniforms on an annual basis consists of 5
work pants and five work shirts, with an .option of five T-shirts for every work shift.
(This option is determined by the employee's needs.)
Section 6. Uniforms destroyed or damaged while being worn on the job will be
replaced provided a memo outlining the cause of the damage is provided. All issues
being replaced must be turned in for the new issue and recorded.
Section 7. Bargaining unit members agree that they will not wear the uniforms any
other place except to and from work, and at work. City uniforms are not to be worn on
City Manager
Bargaining Unit
56
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outside jobs, to be given to non-city employees, or worn in any public places that
serve alcoholic beverages.
City Manager
57
· Bargaining Unit
ARTICLE 9. 28
SUBSTANCE ABUSE
Section 1. The NCFO, LOCAL 1227 recognizes and supports the City's Drug Free
Workplace Policy as adopted in Ordnance No. 92-51 and will work with the City to
enforce the provisions of the policy. It is recognized by the Union that the City's Drug
Free Workplace Policy applies to all members of this bargaining unit.
City Manager
Bargaining Unit
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ARTICLE 39 2~9
MANAGEMENT RIGHTS
Section 1. Except -- and only to the extent -- that specific provisions of this
Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and
will continue to retain, the right to organize, plan, direct, control, operate and manage its
affairs and those of its employees in whatever manner it deems appropriate in each and
every respect. The parties to this Agreement hereby agree that, in construing this section,
the legal principle that "the expression of one item is the exclusion of another" shall not
apply. Rather, full effect shall be given to the intention of the parties that
management shall retain all constitutional, ordinance, inherent, common law, or other
fights except to the extent specific provisions of this Agreement expressly provide
otherwise. The Union recognizes the prerogatives of the City to operate and manage its
affairs in all respects; and the powers and authority which the City has not abridged,
delegated or modified by this Agreement are retained by the City. The rights reserved to
the sole discretion of the City shall include, but not be limited to, the right:
A. To determine the purpose and mission of the City and all its employees, to
determine the amount of budget to be adopted, and to exercise control and discretiofi over
the organization and operation of the City in all respects including the right to determine
whether goods or services are to be made, provided or purchased and to decide the design
and maintenance of the departments, facilities, supplies and equipment.
B. To maintain economic stability.
C. To change or eliminate existing methods of operation, equipment, or facilities and
to adopt and implement technological changes or improvements including, but not
limited to, vehicles, and ail other materials or supplies.
D. To determine the methods, income find personnel by which such operations are to
be conducted including the right to contract and sub-contract existing and future work.
E. To select, hire, test, classify, promote, train, assign, retain, evaluate, lay-off,
schedule, and determine the qualifications of all employees.
F. To suspend, demote, discharge, reprimand, or take other disciplinaxy action
against employees for just cause.
G. To determine the organization of City government.
59
City Manager
Bargaining Unit
H. To determine the purpose and extent of each of its constituents, deparmaents
and positions therein.
[. To set standards for service to be offered to the public, and standards for the
performance of duties of job assignments.
J. To manage and direct the work of the employees of the City, including the right to
assign work and overtime.
K. To establish, determine, implement and maintain effective internal security
practices.
L. To determine the number, type and grades of positions or employees assigned to
an organizational unit, department or project.
M. To determine lunch, rest periods, and clean-up times, the starting and quitting
time, and the number of hours to be worked. Work schedules will be posted, and will not
be altered in the midst of normal pay periods.
N. To adopt or enforce cost or general improvement programs.
O. In a civil emergency, to use personnel in any lawful manner.
Section 2. If, in the sole discretion of the City, it is determined that civil emergency
conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions,
tornado, or other emergency conditions, the provisions of this Agreement may be
suspended by the City during the time of the declared emergency.
Section 3. The City has the right to impose something that is unilateral in nature, and
the Union has the right to object to that decision. If the City does impose something on a
unilateral basis and the Union fails to object to that decision within six (6) months, it
shall be considered finally imposed.
City Manager
Bargmning Unit
6O
ARTICLE ~3__0
PROBATIONARY PERIOD
Section 1. All newly hired or rehired employees shall be subject to a probationary
period of-one (1) year.
Section 2. All promoted employees shall be subject to a probationary period of six
(6) months.
City Manager
61
· Bargaining Unit
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Rev3011601. Rev4-01230 [ .Rev01240 l
BONUS DAYS
I~TENT
The intent of this Article is to establish a wellness program designed to minimize time
lost on the job and to help reduce the City's overall health insurance expenses. The City
recognizes that employees occasionally suffer from injuries or illness necessitating the
use of paid sick leave time off. However, this program provides incentive to reward those
employees who use sick time responsibly.
ACCRUAL
All full time City employees covered by this policy are eligible to receive a bonus
day for continuous attendance at work at the completion of each calendar quarter
that the employee has not used sick time during the previous quarter, nor has been
absent from work or on leave other than those paid leave categories recognized in
this document.
Bonus days shall be counted as vacation leave and subject to the provision set
forth for use of vacation.
City Manager
Bargaining Unit
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ARTICLE 32 LONGEVITY BENEFIT
PURPOSE
To provide benefit incentives to long-term employees, given recomaitiOn for continuous
and meritorious service: Longevity benefits are available witkin these guidelines:
Eli~bility:
Employees eligible are those empl0yees who:
a. Have been employed with the City on a regular full-time basis and continuous
basis for a minimum of five (5) years
b. Have an overall "Meets Standards: or above raring on the previous employee
evaluation
Benefit:
Employees will receive a cash Lump Sum Bonus as follows:
On the employees fifth (5th) anniversary a lump sum payment of $500.00;
On the employees tenth (10') anniversary a lump sum bonus payment of $1000.00;
On the employees fifteenth (15t~) anniversary a lump sum bonus payment of $1,500.00;
On the employees twentieth (20th) anniversary a lump sum bonus payment of $2,000'.00.
Procedures:
1. Any pay earned for Longevity Benefits is subject to required Federal deductions.
2. Each Department Director is responsible for proiecting the number of employees
eligible for Longevity Benefits in their department and budget accordingly for
each fiscal year.
3. Benefits shall not be paid beyond termination pay-outs. Employees who terminate
from the City employment prior to their hire anniversary date will not be entitled
to benefits.
ARTICLE 33
DURATION
Section 1. This Agreement shall become effective on ratification by both parties as
prescribed by Chapter 447, Florida Statutes and remain in full rome and effect until
September 30, 2003.
Either party shall notify the other in writing not prior to March 1, 2003, expressing a
desire to negotiate a new collective bargaining unit.
City Manager
Bargaining Unit
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Initial proposal and negotiations shall commence within sixty (60) days t~om receipt
of notice by either party.
Notwithstendin~ the effective date as set forth above, Article 21, and Article 32, shall be
retroactive to October 1, 2000.
Agreed to this day of * , ~x)200 . by and between I
the respective parties through the authorized representatives of the Union and.the City.
NATIONAL CONFERENCE OF
FIREMEN AND OILERS, SEIU, AFL-CIO, CLC
wimess
BY:
LOCAL Trustee
Wimess
CITY OF BOYN'rON BEACH
Wimess
ATTEST:
Wimess
City Clerk
BY:
Mayor
CityManager
Barg~ningUnit
Rev301160l. Rev4-0 12301 ,RevO [ 2401
APPROVED AS TO FORM
AND CORRECTNESS:
City Attorney
Date ratified by Commission:
Date ratified by Union:
City Manager
S :¢ axe o lb gn\~w0-3-1-3OOBB Bluel21300
Rev.011601
City Manager
Bargaining Unit
65
Requested City Commission
Meetin~ Dates
[] November21 2000
[] December 5. 2000
[_J December 19. 2000
[] January 2. 2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
November 9. 2000 (5:00 p.m.)
November 22. 2000 15:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meetin~ Dates
[] January 16. 2001
[] February 6, 2001
[] February20, 2001
[] March 6. 2001
V-CONSENT AGENDA
ITEH C.6
Date Final Form Must be Turned
in ro City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
Febmary 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.).
[] Administrative [] Development Plans
NATIJRE OF [] Consem Agenda [] New Business
AGE~DA ITEM [] Public Hear/ng [] Legal
I [] Bids [] Unfinished Business
i [] Amaotmcement [] Presentation
REC( ~MMENDATION: That the City Commission ratify the three year Collective Bargaining Agreement between the City
of Bo, nton Beach, Florida and the NCF&O. Local 1227 (White Collar Unit).
EXPI A_NATION: The City and the NCF&O, have been able to successfully negotiate a three year conu:act, which
agreer ~ent has been ratified by the Union. It is now before the CommtSsion for ratification. The changes from the previous
agreement are shown as anderilned (new language) and struck-through (deleted language).
PRO( ~RAM IMPACT: N/A
FISC, ~L IMPACT: Outlined in Agreement
ALT~ RNATIVES: Do not approve Agrecanem,
Department ~tit~'~iguature
City Attoraey
Department Name
City Manager's Siguamre
City Attorney/-~{nanc~e / Human Resources
!
RESOLUTION NO. R01-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, RATIFYING THE 2000-2003
COLLECTIVE BARGAINING AGREEMENT BE[WEEN THE CiTY
OF BOYNTON BEACH AND THE NATIONAL CONFERENCE OF
FIREMEN AND OILERS, SEIU, AFL-CIO, CLC, LOCAL 1227
(WHl~m COLLAR UNIT); AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS~ the City and the National Conference of Firemen and Oilers, SEIU, AFL-
:IO, CLC (White Collar Unit) have been diligently negotiating a collective bargaining
agreement; and
WHEREAS, National Conference of Firemen and Oilers, SEIU, AFL-CIO, CLC (White
Collar Unit) have ratified the attached Collective Bargaining Agreement;
NOW, THEREFORE, BE Tr RESOLVED BY THE cTrY COHMTSSZON OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby ratify the 2000-2003 Collective Bargaining Agreement between the Cit~ of Boynton
Beach and the National Conference of Firemen and Oilers, SEIU, AFL-CIO, CLC (White Collar
Unit), a copy of which is attached hereto as Exhibit"A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this day of February, 2001.
O-fY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
[AFF.CBA
/29/97
DRAFT- 121500
LABOR AGREEMENT BETWEEN
The City of Boynton Beach, Florida
and
The National Conference of
Firemen & Oilers, SEIU, AFL-CIO, CLC, Local 1227
White Collar Bargaining Unit
October 1, !999 2000 September 30, 20003
Bargaining Unit
City Manager
'S:ca\Collective Bargaining - White Collar CBA 020999
Vcr~icnJ:~SHRDATA\CA\Collective Bargaining\White Collar - NCF&O\CBA\White
Collar 012401.doc
Rev 01 t601,012401
TABLE OF CONTENTS
(page numbers will be corrected in final draft)
Article Page
1 Preamble 2
2. Recognition 3
3 Rights of Employees 4
4 Strikes 5
5 Non-Discrimination 6
6 Representation of the City 7
7 Union Representation 8
8 Bulletin Boards 10
9 Progressive Discipline 11
10 Grievance Procedures 21
11 Basic Work Week & Overtime 25
12 Compensatory Time 26
13 Sick Leave 27
14 Funeral Leave 31
15 Military Leave 32
16 Leave of Absence 33
17 Jury Duty 34
18 Maintenance of Benefits 35
19 Seniority 36
20 Layoff & Recall 37
21 Job Posting & Bidding 39
22 Recruitment & Selection 41
23 Holidays 45
24 Vacation 46
25 Wages 48
26 Safety & Health 49
27 General Provisions 50
28 Savings Clause 52
29 Dues Deductions 53
30 Pension 54
3331 Probationary Period 56
3-3-32 Longevity Benefits 57
;M-33 Bonus Increase 58
3-5-34 City Manager's Incentive Program 59
36-35 Bonus Days 60
3-7-36 Management's Rights 61
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ARTICLE 1 - PREAMBLE
Section 1. This agreement is entered into by and between the City of Boynton Beach,
Florida, hereinafter referred to as the "Employer" or "City", and the National Conference
of Firemen and Oilers, SEIU AFL-CIO, Local 1227, hereinafter referred to as the
"Union".
The general purpose of this Agreement is to set forth terms and conditions of employment
and to promote orderly and meaningful labor relations for the mutual benefit of the City
of Boymon Beach in its capacity as an employer, the employees, and the citizens of
Boymon Beach.
Section 2. The Parties agree that nothing in this agreement shall prohibit the parties
from meeting and discussing any items of mutual interest in accordance with the law.
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ARTICLE 2 - RECOGNITION
Section 1. The City of Boynton Beach hereby recognizes the National Conference of
Firemen and Oilers, SEIU, Local 1227 as exclusive representatives for the purpose of
bargaining collectively with the City relative to wages benefits and other conditions of
employment for all employees in the bargaining unit.
Section 3. Wit~n 30 d.¢ ............... ~ ....................
-S~tion 2. ~¢ Uffion ~d m~agement ~11 pr~ a lis~g of new job titles to be
included into a mt cl~ficafion petition to the PERC in ord~ to include ~l appropriate
b~g~ffing mt membe~ who received a position title Ch~ge ~ou~ ~pl~en~fion of
· e Ci~ pa~ pl~.
Section 3. Within thirty days of ratification, a committee shall be formed, which shall
include three representatives from the union and three representatives from management.
The purpose of the committee shall be to address concerns relative to the job descriptions,
duties, wage ranges, classifications, ete,. which employees may bring forth to the
committee. The role of this committee will cease six (6) months following ratification of
this agreement. Nothing herein shall limit either the Union or the City from seeking unit
clarification by petition to PERC.
Section&4. The bargaining unit shall be as approved by PERC. Nothing herein shall I
prevent either party, or both jointly, from petitioning PERC for unit clarification.
Section -5. The bargaining unit is as set forth in PERC Certification #
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ARTICLE 3 - RIGHTS OF EMPLOYEES
Section 1. The employees in the bargaining urfit shall have the fight to join or assmt
the Union or to refrain from any such activity.
Section 2. All provisions of this Agreement shall be applied fairly and equitably to all
employees in the Bargaining Unit.
Section 3. Employees may request a Union representative to be present when they
believe a meeting with a supervisor may lead to discussions wlfich could form the basis of
disciplinary action.
Section 4. Employees shall have the ri~t to be supplied with a copy of this
Agreement at the time of their initial orientation.
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ARTICLE 4 - STRIKES
Section 1. The National Conference of Firemen and Oilers, SEIU, AFL-CIO, Local
1227, or their member agents or designees, agree during the life of this Agreement that
they shall have no fight to engage in any work stoppage, slow down, strike or unlawful
picketing.
Section 2. In the event of a strike, work stoppage or interference with the operation
and accomplishment of the mission of the City Administration, a state or international
representative of the Union shall promptly and publicly disavow such strike or work
stoppage and order the employees to return to work and attempt to bring about prompt
resumption of the normal operations. The Union representatives shall notify the City 12
hours after commencement of such strike, what legitimate measures it has taken to
comply with the provisions ofth/s Article.
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ARTICLE $ - NON-DISCRIMINATION
Section 1. The Employer and the Union agree that all provisions of the Agreement
shall be applied to all employees covered by it and the Employer and the Union affirm
their joint opposition to any discriminatory practices to the extent prokibited by law in
connection with employment.
Section 2. It is agreed that no employee shall be discriminated against, as prescribed
by State or Federal laws, in their employment because of race, creed, color, sex, age,
national origin, marital status, physical handicap, sexual orientation or membership or
non-membership in the Union.
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ARTICLE 6 - REPRESENTATION OF THE CITY
Section 1. The City shall be represented by the City Manager, or a person or persons
designated in Writing to the Un/on by the City Manager. All collective bargaining
agreements shall be approved in the manner provided by Chapter 447, Florida Statutes.
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ARTICLE 7 - UNION REPRESENTATION
Section 1. The Union, as representatives of the employees in the bargaining anit
covered by the Agreement, shall have the right to present its views to Management on
matters of concern either orally or in writing. The "presentation of views" shall not be
construed to mean that the City shall be obligated to hold a formal hearing on any matter
put forth by the Union.
Section 2. The Employer agrees to recognize the officers, and stewards designated by
the Union as agents of the Union. The Union shall furnish written notice to the City
Manager's office of the designated Union officers or stewards prior to their appointments
becoming effective. The Employer recognizes the right of the Union to designate seven.
(7) stewards and one chief steward from among the regular permanent employees in the
specified divisions.
Section 3. Non-employee officials of the Union, shall, with proper notification, be
admitted to the property of the employer for purposes of administering the Agreement.
Union officials as designated above shall only be able to meet with employees in non-
work areas (i.e., break areas) and during non-work time.
Section 4. The City Manager will grant Union leave without pay for up to two
officers or stewards of the Union for up to a total of twenty (20) days per year in order
that they may attend conferences, seminars and/or similar events or other union activities
related to their representative function provided the leave does not adversely effect the
on-going day to day operations in the any department. Additional time may be used from
Union time pool with same approval requirements.
Section 5. The eight (8) stewards as designated herein may be released with pay at
the sole discretion of the supeiwisor/dapartment head or their designee, whose approval
shall not be unreasonably withheld, for the l~urposes of attending grievances, consultation
with management to settle issues prior to filling grievances, predetermination
hearings/meetings or when requested by an employee to have union representation when
being questioned by management ~*~ ...... ;~- ......... · ~:~;~, ....... r ......
Stewards may use up to a cumulative total of 200 hours pay per year for collective
bargaining, and arbitration preparation. The hours shall be divided into 100 hours for the
chief steward and 100 hours for all other stewards. Hours may be transferred from
steward to steward, provided the total for all stewards does not exceed 200 hours. If the
total hours used exceeds 200, then stewards may be released without pay, and only at the
discretion of the depa~hnent head (or designee), whose approval shall not be
unreasonably withheld when releasing such employee does not adversely effect the on-
going day to day operations in any depa~i~tent. For purposes of this Article, a supervisor
· who must deny a steward's request for time allowed for purposes outlined herein shall
notify the steward in writing, within two days, of the reasons for the denial and when the
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steward can reasonably expect to be granted the time to carry out the purpose of his
request.
Section 6. .The membership of the bargaining umt shall be represented by the
President of the Union or by a person or persons designated in writing to the City
Manager. The President of the Union, or the person or persons designated shall have full
authority to conclude a Collective Bargaining Agreement on behalf of the Union subject
to a majority vote of those members of the Bargaimng Unit voting on the question of
ratification. It is understood that the Un/on representative or representatives are the
official representative of the Union for the purpose of negotiating with the City. Such
negotiations entered into with persons other than those defined herein, regardless of their
position or association with the Union, shall be deemed unauthorized and shall have no
weight or authority in committing or in any way obligating the Union. It shall be the
responsibility of the Union to notify the City Manager in writing of any changes in the
designation of any certified representative of the Union.
Section 7. There shall be created a Union Time Pool. Each employee member shall
be allowed to voluntarily contribute annual leave for Union business. Contribution shall
be made once per year in October. Additional contributions may be allowed by
management. This time may be used for Union business, including negotiations, upon
request by the Union steward. A written request for the Union time pool shall be
submitted to the department head or the designee in advance of the requested time off for
attending conferences, seminars, and union negotiations.
Stewards shall maintain a Union business "time out" slip which shall be processed to
show their accumulated hours used against he hours per year granted. The form for this
purpose shall be attached hereto as Appendix "A" to this agreement.
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ARTICLE 8 - BULLETIN BOARDS
Section 1. The Union shall be.provided space on bulletin boards at each location so
designated by the Employer in the areas where unit employees normally are assigned to
work, for use by the National Conference of Firemen and Oilers, SEIU, Local No. 1227.
These bulletin boards shall be used for posting Union notices, signed by a Union officer
but restricted to the following:
A. Notices of Union recreational and social affairs;
B. Notices of Union elections and results of elections;
C. Notices of Union appointments and other official Union business;
D. Notices of Union meetings.
E. Union Newsletter, OnTrack (may be unsigned)
Section 2. All other information, including any notices containing any information
other than purpose, date, time and place may be posted on such designated areas and the
Union shall furnish the City Manager's office'with a copy. All costs incidental to
preparing and posting of Union materials will be borne by the Union. The Union is
responsible for posting and removing approved material on its bulletin board and for
maintaining such bulletin boards in an orderly condition.
Section 3.
office.
The Union shall not post endorsements for candidates who are running for
~r~ ...... ~ ............. BA0 .....
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ARTICLE 9 - DISCIPLINE
PURPOSE
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1. The City is committed to recruit, tram, and retain qualified employees who will
contribute to the City's mission.
2. The success of the City government in providing quality and efficient public
service directly correlates with appropriate employee conduct and performance.
Employee behavior that is positive and supportive of the goals of effective municipal
management is fully encouraged.
3. When an employee's conduct or performance is inconsistent with the needs .and
goals of the City, disciplinary actions up to and including dismissal can occur.
Progressive discipline is suggested when cimumstances support its use. In proper cases,
dismissal may immediately occur.
4. No employee shall be disciplined or discharged without just cause.
POLICY
1. Counseling and written reprimands should be utilized as an element to motivate
employees to choose behavior conducive to an individuals growth, development and most
nnportantly to insure the successful operation of the City and its services. However, in
certmn circumstances punitive discipline actions will be necessary. There is no "fixed
formula" for discipline, management reserves the fight and prerogative to make
disciplinary decisions based on repeated occurrences of varying incidents, past
performance or severity of the incident.
2. Although progressive disciplinary actions are encouraged when circumstances
support such use, the severity of misconduct and the circumstances shall determine the
nature of the discipline.
3. A number of factors should be considered in determining the appropriate level of
discipline to be taken at each successive step. Such factors may include time intervals
between offenses, effectiveness of prior disciplinary actions, insubordination, employee
willingness to improve, overall work performance and teamwork.
4. Certain misconduct is so contrary to the public interest that dismissal shall be the
only appropriate measure.
5. The level of misconduct may differ in individual cases from apparently similar
incidents. The City retains the right to treat each occurrence on an individual basis
without creating a precedent for situations which may arise in the future. This case-by-
case method is designed to take individual circumstances and/or mitigating factors into
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account. These provisions are not to be construed as a limitation upon the rights of the
City, but are to be used as a guide.
6. The fail.ute of immediate supervisors to document and/or take disciplinary actions
for misconduct, or the failure to follow the completed disciplinary documents to
Personnel, shall serve as grounds for disciplinary action.
EXAMPLES OF MISCONDUCT
The following types of infractions, offenses or misconduct shall represent employee
noncompliance with m/es, regulations, policies, practices or procedures of the City or the
Department or employee wrongs or offenses which violate permissible behaviors or are
specifically prohibited by law. The following are examples of violations which shall
result in discipline and the progressive discipline actions which may accompany the
violations.
MISCONDUCT
Conduct unbecoming of a City employee. Conduct unbecoming a City employee
means: Employee behavior or actions on the part of the employee which hinder or
jeopardize the successful operation of the City, undermine teamwork and
cooperation among City employees, or undermme the public confidence in the
City or its employees.
Violations or disregard of City Safety Policy & Procedures, including:
a~ Careless use of vehicles or equipment
b. Failure to use all safety restraints when riding in or operating a City vehicle
c. Failure to wear and or use prescribed uniforms or equipment
Abuse of Persounel Policies, including but not limited to:
a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism
b. Failure to notify Department and or Human Resources of current address and
telephone number within 10 calendar days of change
c. Failure to report any outside employment
Abuse of departmental procedures and work rules including:
a. Failure to provide name and official title to any person requesting same when
performing work related duties
b. Habitual extension of lunch period or break period
c. Habitually late for work without valid reason
d. Smoking in prohibited areas
e. Unauthorized solicitation, posting of material or non-productive behavior
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Documented failure of a supervisor to perform duties required of supervisory
employees including recommending and/or taking disciplinary actions when
necessary.
NOTE: Tiffs chart outlines the usual progression options for repeated occurrences of
misconduct. If serious misconduct or extreme misconduct has occurred previously, there
will be faster progressive action.
OFFENSE TYPE 1ST 2ND 3RD
OCCURRENCE OCCURRENCE OCCURRENCE
Misconduct Counseling Written Reprimand Suspension Without
Pay or Dismissal
SERIOUS MISCONDUCT
Violation or disregard of City Safety Policy & Procedures, including:
a. Continued misuse of equipment or negligence resulting in injury to self others
or damage to City equipment or property
b. Horseplay potentially hazardous to life or property
c. Unauthorized use or unsafe operation of City property, equipment or vehicles
Abuse of Personnel Policies, including:
a. Threatening a co-worker or supervisor
b. Use of abusive language to or about an employee, co-worker, supervisor or the
public
c. Insubordination, meaning the failure to reco~ize or accept authority of a
supervisor
Abuse of departmental procedures and work rules, including:
a. Sleeping on the job
b. Absent without calling in to department within one hour of shif~ start time
c. Disrupting or hindering departmental operations
d. Failure to work required overtime assignments, special hours, special shifts or
unavailability during stand-by status
e. Outside employment which conflicts, interfered or other0vise hampers the
performance of the employee in their City job
4. Inefficiency or Incompetence
The inefficiency or incompetence in the performance of assigned duties may result
in demotion or disciplinary action up to and including t~,-inafion. Examples of
poor performance shall include failure to provide responsive, courteous, high
quality customer service or repeated failure to support team goals, and contribute
to team success.
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Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet
Standards" performance evaluation (rating of 1 or 2) shall be given follow-up evaluation
within 60 days of the "Does not Meet Standards: or :Partially meets Standards" initial
evaluation. More than one overall rating of "Below Standards" may subject the employee
to demotion or disciplinary action up to and including termination. It is the responsibility
of every employee to perform at a minimum level of "Meets Standards"{as outlined in
the Incentive Pay System Policy}.
The following chart outlines the progressive discipline options for three occurrences of
serious misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive discipline.
OFFENSE TYPE 1ST 2ND 3RD
OCCURRENCE OCCURRENCE OCCLrRRENCE
Serious Misconduct Written Reprimand Suspension Without Dismissal
or Suspension Pay or Dismissal
Without Pay
EXTREME MISCONDUCT
Violations or disregard of City Safety Policy & Procedures, including
a. Failure to report an on-the-job injury or accident within 24-hours to the
immediate supervisor
b. Failure to report an employees' on-the-job injury to Risk Management within
24 hours and/or completion of necessary documentation
c. Fighting on the job or engaging in any intentional act which may inflict bodily
harm on anyone
d. Operating a City vehicle or equipment without a required and valid driver's
license
e. Failure to report the revocation or suspension of a driver's license When
employment involves driving
Abuse of Personnel Policies, including, but not limited to:
a. Possession of a firearm or concealed weapon on City property or while
performing official duties without written permission from the DeparUnent
Director (excluding law enfomement officers)
b. Gambling during work hours
c. Refusal to sign a disciplinary form
--d. Suspension or revocation of any required job related license or
certifications.
Abuse of departmental procedures and work rules, including:
a. Unauthorized personal use of City equipment or funds
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b. Conducting personal and/or private business on City time; improper use of City
time for such activity
c. Falsifying attendance records
d. Other department roles as communicated by d/rector or supervisor
Illegal, unethical or improper acts, including:
a. Theft or removal of City property without authorization
b. Falsifying employment application or concealing information during pre-
employment screening or processing
c. Soliciting or accepting an unauthorized fee or gitl or failure to comply with
Chapter 112, Florida Statute
d. Giving false information or failure or refusal to fully cooperate or provide full
truthful information in City initiated investigations
e. Possession, use or sale of illegal drags, alcohol or prescription medication that
alters the employee's performance on the job or any confirmed positive drag test
f. Possession or use of alcohol while on duty;, or reporting to work under the
influence of alcohol
g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program
h. Refusal to submit to a City required drug or alcohol test
i.: Falsifying or attempting to falsify a City ordered drug test
j. Violating the City's Sexual Harassment policy through interaction with another
employee or a member of the public
k. Conviction of a felony (Including non-work related)
The following chart outlines the progressive discipline options for two incidents of
extreme misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive action.
OFFENSE TYPE 1ST 2ND
OCCURRENCE OCCURRENCE
Extreme or Suspension Without Dismissal
Unlawful Pay or Dismissal
Misconduct
Note: The progressive discipline steps outlined above refer to the discipline options the
City may take. If such discipline is appealed to arbitration, the arbitrator is not bound in
any manner by such options and is f~ee to independently determine the appropriate level
of discipline if the employee is found to have committed the offense.
PROCEDURE FOR DISCIPLINARY ACTION
1. When an immediate supervisor becomes aware of conclusive evidence of the need
'for the employee discipline, he/she becomes responsible and shall investigate the
circumstances of the misconduct or lack of performance, prior to deciding upon the type
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of disciplinary action to be recommended or taken. Documentation of the discipline
investigation or of the conduct shall be required on the part of the immediate supervisor
in order to establish appropriate records. Human Resources will be available to assist in
such investigations. In cases where investigations of a more substantial nature are
required, the following types of administrative review shall be administered.
A. Administrative Review: Investigations of non-criminal violations conducted
in the absence of immediate or conclusive evidence involving any City employee, with
the exception of Police department employees. These investigations shall be conducted
by the Department Director and Human Resources, who shall obtain all sufficient
information, including documentation and/or sworn statements, in order to determine the
necessity or level of disciplinary action. Human Resources shall assume responsibility for
acqniring any necessary sworn statements. Administrative investigations shall, be
conducted expeditiously.
,B. Criminal Investigations: Investigations conducted when criminal violations
are reportedly committed by an employee of the City. The Police Department, in
collaboration with the Depa~hnent Director of the involved employee shall conduct these
investigations.
1. In instances where an investigation of serious, unlawful or other extreme
misconduct is necessary, administrative and/or criminal investigations shall be conducted
prior to the effective date of final disciplinary action.
2. The immediate supervisor may initiate a three-day suspension or less suspension
with pay to afford a supervisor the oppommity to investigate an alleged incident or
misconduct in the absence of the employee. Suspensions of more than three days with
pay require the approval of the Human Resources Director. This practice may also be
used in the event that alleged misconduct is severe but unproved. The immediate
supervisor shall immediately notify the Department Director and Human Resources after
the suspension is issued, so that the matter can be investigated.
3. A recommendation for disciplinary action may result fxom the findings of an
investigation. If disciplinary measures are not recommended after the investigation, the
suspension with pay period shall not be counted as disciplinary in nature. A document
confirming a favorable determination as to the matter should be made part of the
employee's record.
TYPES OF DISCIPLINARY ACTION
A. COUNSELING - Consists of the immediate supervisor warning the employee to
correct or improve performance, work habits or behavior, and counseling the employee
on improvements expected. Counseling serves as a warning against further repetition of
employee behavior. Future violations will result in discipline up to and including
temaination.
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The immediate supervisor should complete a Counseling Memorandum. The employee
shall be required to sign the form signifying that he/she has read and discussed the
contents with the supervisor.
The Counseling Memorandum shall be forwarded to Human Resources for retention in
the employee's records, with a copy provided to the employee. The supervisor may
request that the employee complete a written action plan to correct the behavior.
Employees may submit comments for inclusion in the record.
B. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a
written notice of reprimand to improve performance, work habits or behavior. A written.
reprimand should include a complete description of the incident(s) of misconduct,
inappropriate behavior, work habits or performance which require tmprovements;
previous records of discussion; a time frame within which the employee must correct or
improve his/her behavior;, and a warning that future violations will result in further
disciplinary actions up to and including termination.
Written reprimands shall be signed by the employee to acknowledge receipt and
forwarded to Human Resources for retention in the employee's records, with a copy
provided to the employee. Employees may submit comments for inclusion in the record.
The employee may be required to complete a written plan for correction of the behavior.
When the written reprimand contain~ a time frame for employee improvements, a follow-
up discussion at the end of the designated time period should be conducted. The follow-
up discussion will provide a specific oppommity to review the employee's improvements
relative to the discipline. Written reprimands should be reflected on the employee's
performance appraisal along with any noted improvements.
C, SUSPENSION WITROUT PAY - Consists of an employee being prohibited
from returning to work until the specified period of suspension has passed or the
forfeiture of vacation time, if agreed to by the employee.
Suspensions without pay shall be used when an employee is removed from the job due to
extreme misconduct or unlawful behavior, or when instances of progressive discipline
supports a suspension without pay for a specified period of time. Any time an employee
is suspended for discipline the suspension shall be without pay.
1. With the written authorization of the Depaxhnem Director and Human Resources,
immediate supervisors have the authority to issue a suspension without pay for three (3)
working days or less.
2. Suspensions without pay beyond three working days reqRire prior concurrence by
Human Resources, review by the City Attorney's Office and authorization by the City
Manager's Office.
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3. Employees being suspended without pay shall be notified in writing by the
immediate supervisor. The written notification shall consist of the reason for the action
and the duration of the suspension without pay. It shall also include a statement that
future violations will result in further disciplinary actions up to and including termination.
4. Employees may submit comments for inclusion in the record. Written notification
of a suspension shall be signed by the suspended employee acknowledging receipt of the
written notification, and forwarded to Human Resources for inclusion in the employee's
record, with a copy provided to the employee, the Department Director, and one to the
Finance Department for payroll purposes.
D. DEMOTIONS - In the context of this policy demotion consists of an employee
being involuntarily removed from a higher level classification to a lower level
classification, with a resulting decrease in salary. Although not limited to such instances,
demotions may occur m some cases because of the inability to fulfill the duties of the
higher level job m a satisfactory manner; or a failure to comply with employment
conditions such as licensure or certification. In addition, probationary employees shall be
subject to demotion without the City being required to state a reason. The probationary
employees shall not have access to any appeal process with regard to the demotion.
Immediate supen4sors should discuss the potential demotion of an employee with their
chain of command and the Human Resources Department prior to a written
recommendation for demotion. The Depa~iment Director shall then submit the written
recommendation to the City Manager through Human Resources. Demotions require
concurrence from Human Resources, review by the City Attorney's Office and
authorization from the City Manager prior to being effected.
Written notification of demotions shall be provided to the employee by the department
Director. Such notices shall include the final decision, the reason(s) for the decision, the
employee's new classification title, the new pay range and pay rate, and the effective date
of the demotion. Written notifications shall also include that future violations will result
in further disciplinary actions up to and including termination if the demotion was a result
of misconduct_.
All documentation of a demotion shall be retained in the employee's file in the Human
Resources Department. A copy of the written notification of demotion shall be forwarded
to the Finance depatUnent for payroll purposes.
Employees may request a demotion to a lower level classification voluntarily. Such
demotion shall not be punitive. Employees may submit comments for inclusion in the
record. Written notification of a demotion shall be signed by the employee
acknowledging receipt of the written notification and forwarded to Human Resources for
'inclusion in the employee's record.
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E. DISMISSAL - Dismissal is a result of an employee's involuntary termination that
severs the employment relationship. At such time all employee benefits cease, except as
otherwise provided by law.
Immediate supervisors shall supply through documentation and discuss recommendations
for an employee's dismissal with their chain of command and Human Resources. Upon
receiving a written recommendation from the supervisor, the Department Director shall
submit the documentation to Human Resources. Dismissals shall be effected only with
the concurrence of Human Resources, review by the City Attorney's Office and
authorization by the City Manager.
A written notice of recommended termination shall be given to the employee in person.
However, after two unsuccessful attempts to deliver the notification, then the notice shall;
be sent via US mall to the most recent address on record in the personnel file. The
recommendation Shall include the following information:
1. The underlying reasons for the recommended termination
2. Documentation upon which the Department Director relied in formulating
said recommendation
3. An explanation of Ns/her rights to request a predetemaination llearing
prior to termination taking effect and the facts that the decision to
discipline of the City Manager shall be final subject to grievance and
arbitration as provided for in Article 10 of this Agreement.
The dismissal recommendation and the City Manager's final decision shall be placed in
the employee's personnel file, and a copy shall be forwarded to the employee and his/her
Department Director. Employees may submit comments for inclusion in their personnel
file.
Probationary employees who have not successfully completed the established
probationary period shall be subject to dismissal without cause, aRer review by Human
Resources.
RIGHT TO PRE-DETERMINATION HEARING
Prior to the effective date of any suspension without pay of three (3) days or more, or a
termination, the City shall conduct a predet~niiination hearing. The Human Resources
Director and the City Manager's designee shall conduct the predetermination hearing.
The employee shall be provided with reasonable notice of the predetermination hearing
date and of the charges which are the grounds for the disciplinary action. The employee
may be accompanied and assisted at the predetermination hearing by a representative of
his choice. The employee shall be afforded the opportunity to present information in
defense or mitigation to the charges brought agaln~t the employee. Following the
predetermination hearing, and any further investigation into issues raised by the employee
in defense or mitigation of the charges, the Human Resources Director and the City
Manager's designee shall sustain, reverse, or modify the disciplinary action and give the
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employee written notice of their action and at the same time establish the suspension or
termination date(s) if appropriate.
EMPLOYEE APPEALS - GRIF~VANCES
Probationary employees shall not have the right to appeal or grieve any type of
disciplinary action.
Regular employees shall have just cause appeal and grievance fights as outlined in
Article 10 of this Agreement.
ARTICLE 10 - GRIEVANCE PROCEDURES
Section 1. A grievance is defined as a dispute or disagreement involving the
application or interpretation of this Agreement. Issues or disputes which are not
grievances as so defined shall not be subject to arbitration, but may be processed through
the grievance procedure only after all attempts to' resolve the dispute through labor
management meetings have failed. The term "day" shall mean, calendar day, Monday
through Friday, exclusive of holidays recognized by this Agreement.
Section 2. No employee or group of employees may refuse to follow directions
pending the outcome of a grievance except where safety would be jeopardized.
Employees in the bargaining unit will follow all written and verbal directives, unless the
employee has an objective basis to believe that his/her health and safety is threatened.
Compliance with such directives will not ~n any way prejudice the employee's right to file
a grievance within the time limits contained herein, nor shall compliance affect the
ultimate resolution of the grievance.
The parties agree that the grievance procedure shall be the sole and exclusive method for
resolving any dispute involving the application or interpretation of this Agreement.
Section 3. Alt grievance statements of appeal and answer must be in writing.
Grievances not appealed to the next higher step within the prescribed time limits will be
considered settled on the basis of the last answer by management. Failure by
management to observe time limits for any step of the grievance procedure shall entitle to
the employee to advance the grievance to the next step. Grievance time limits may be
extended by mutual written agreement of the Union and the City.
Section 4. Grievance and Appeal Procedure Steps
A. An employee who receives a verbal and written warning may place a written
refutation into his/her personnel file to dispute the verbal warning or warning notice.
Should the employee not sustain an additional verbal or written warning for the same
offense within twenty-four (24) months of the initial warning, the initial verbal or written
'warning shall not thereafter be considered for progressive discipline.
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B. Discipline, which is more severe than a written or verbal warmng, but less severe
than a tour-day suspension shall be appealed through the expedited grievance and
arbitration process, or by appeal to the Human Resources Director, at the employees'
option. If appealed to the Human Resource Director. decisions of the Human Resource
Director are final and binding ~, .... : .... ~ ........... ~.~. ~ ........ ~ ~c ~
r ........ *-~ o ..... ,~+:~- u.. ~;+*.~. ~;.~ ~u~u ~.~ n--;+~a +^ + .... u ..... Un]ess the City
and the Union a.eroe within five (5) days to appoint a heating officer, a hearing officer
shall be appointed from a roster of mediators employed by Mediation, Inc. The heating
officer ~hall be appointed with the understanding that hearing on the matter appealed will
be heard within thirty (30) days following appointment. Request for appointment of a
heating officer shall be made by the City to the Office Administrator of Mediation, Lnc.
Neither party shall participate in the selection of the hearing officer, but both the City and
the Union shall be entitled to strike {one strike each) the appointment of the heating
officer for good cause. Witnesses shall be limited to four for either party. Court reporters
and/or written briefs shall not be utilized by either party. The arbitrator shall make a final
and binding ruling immediately following the hearing without explanation or the setting
of precedent. The initial steps of the grievance procedure shall apply to the expedited
arbitration process.
C. Discipline that is more severe than a three-day suspension shall be appealed
through the existing grievance and arbitration process outlined below.
Section 5. GRIEVANCE AND APPEAL PROCEDURE STEPS:
Step L
Within five (5) days of the incident or the time which the employee should have had
knowledge of the incident, the employee may initiate a written grievance with Ms/her
immediate supervisor during normal work hours. He/she may .have the Union steward
present the grievance to the supervisor if he/she desires. The discussion will include a
description of the action requested and the basis for the request.. Within five (5) days, the
immediate supervisor shall respond to the employee with his/her decision in writing.
The written grievance should state the following:
A. A statement of the grievance and the facts upon which it is based
B. The Articles and Sections of this Agreement alleged to have been violated.
C. The action, remedy, or adjustment requested.
D. The signature of the aggrieved employee or union representative, and date
Failure to specifically state any of the four (4) above items allows the City to request the
information prior to further processing.
Step 2.
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If the complaint has not been resolved in Step l, within five (5) days the employee may
appeal to Step 2 to the Division Director. Within five (5) days of receipt of the grievance,
the Division Director will contact the aggrieved employee and schedule a meeting at the
Division Director's earliest convenience. The Division Director shall respond in writing
within five (5) days of the meeting.
Step 3.
If the complaint is not resolved in Step 2, the employee may, within five (5) days of Step
2 decision, appeal to Step 3 to the Department Director. Within five (5) days of receipt of
the grievance, the Department Director or his/her designee will contact the aggrieved
employee and schedule a meeting at the Depamnent Director's earliest convenience. The
Department Director or his/her designee shall respond in writing to the employee within
five (5) days of the meeting.
Step 4.
In the event the employee is not satisfied with the disposition of the grievance by the
Department Director, the employee shall have to the right to appeal the decision to the
City Manager within seven (7) days of the date of issuance of the Department Director's
decision. The City Manager or his/her designee may schedule a meeting to discuss the
grievance. The City Manager or his/her designee shall render a decision in writing within
ten (10) days of the appeal or the meeting.
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Step 5.
If the employee is not satisfied with the disposition of the grievance by the City Manager,
and within ten (10) days of such decision, the dispute may be referred by either party m
an impartial arbitrator to be appointed by mutual agreement of the parties. In case the
City and the Union are unable to agree upon an impartial arbitrator within fifteen (15)
days after the conclusion of Step 4, then on application of either party a petition may be
made to the Federal Mediation and Conciliation Service in Washington, DC to supply the
parties with a panel of arbitrators. The parties will select an arbitrator from a panel by
alternatively striking names fi'om the panel. The remaining arbitrator shall be designated,
to whom the grievance shall be submitted,
Section 5. The arbitrator shall have jurisdiction and the authority to apply,and
interpret the provisaons of this Agreement. He/she shall not have jurisdiction to alter or
change in any way the provisions of this Agreement and shall confine his or her decision
solely' to the issue of interpretation or application of the Agreement presented. The
decision of the arbitrator on any matter within his/her jurisdiction shall be final and
binding on the Union, the City and the employees covered by the Agreement unless the
award is contrary m existing law or public policy is clearly erroneous as determined by a
remewmg Court.
Section 6.
apply.
The hearing shall be informal and the strict rules of evidence shall not
Section 7. The arbitrator's fee and expenses shall be divided equally by the patties.
Section 8. Either party to this Agreement desiring transcripts of the arbitration
hearings shall be responsible for the cost of such transcripts.
Section 9. Witnesses and grievants who appear for either side shall suffer no loss an
pay or benefits for the time spent testifying as a witness.
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ARTICLE 11 - BASIC WORK WEEK AND OVERTIME
Section 1. The basic workweek shall consist of forty (40) hours, unless otherwise
specified. The City Manager will establish and may change the basic work week and
hours of work best suited to meet the needs of the department and to provide superior
service to the commun/ty. Nothing in this Agreement shall be construed as a guarantee or
limitation of the number of hours worked per week.
Section 2. All authorized and approved work performed in excess of forty (40) hours
in any one work week shall be considered as overtime and shall be paid at the overtime
rate of one and one-half times the employee's straight tinge rate of pay. Employees who
regularly work a ten- (10) hour day shall receive overtime for hours worked actually ~n
excess of forty (40) hours.
Section 3. The working conditions of employees covered by this Agreement, which
may differ from depamnent to department, shall remain shams quo for the term of this
Agreement.
Section 4. For purposes of overtime computation, vacations and the employees' use
of sick leave shall be considered as time worked. Funeral leave, holidays, iurg duty,
annual military leave, and other absences from duty on active pay smms shall not be
considered as time worked for purposes of overtime computation.
Section 5. Employees shall be required only upon written memo by their supervisor
to perform work in a higher classification. ~mploveas who work in a higher
classification for twenty (20) continuous work days, shall receive a 5% increase in pay or
the minimum of the higher classification, whichever is greater retroactive to the first day
of the assi~mrnen~, until returned to their regular cl~q~ification.
Employees shall be required only upon written memo from their supervisor to perform
work in a higher classification for training purposes. In this connection, they shall
perform that work without a 5% increase in pay during the first twenty (20) days of
continuous work in such higher classification. Should such training in the higher
classification continue beyond twenty (20) continuous work days, the employee shall
receive a 5% increase in pay or the minimum of the higher classification, whichever is
greater, retroactive ~o the first flay of the assi,.tmment, until returned to their regular
classification.
Compensation for employees assigned to train another employee shall remain shams qnn
in each department.
Section 6. Transfers. Employees may request a lateral transfer to any open position
for which they qualify. Management shall make every effort to place the employee
requesting the transfer prior to filling the position, however this provision ~hall not
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restrict management's right to select the most qualified individual to fill the position. If
the reason for the transfer is due to conflicts with supervisors or co-workers, the transfer
shall follow only after mediation throu~_.h the Human Resource Department.
When an employee transfers to a lower position, the employee shall suffer no loss of pay
unless the employees' current hourly rate exceeds the maximum of the new, lower salary
scale. In this connection the employees' hourly rote shall be reduced only to the
maximum rate of the lower scale.
Section 7. OVERTIME. Overtime shall first be offered on a rotating basis in order of
seniority within each classification. The parties agree that when employees are asked to
work overtime and management contracts the appropriate employees from the semority
list, the second employee contacted must accept the overtime assignment unless the
employee has a hardship or the employee and supervisor mutually agree to continue down
the seniority list of employees.
In the event an employee is required to work overtime, he/she shall not have his regular
shift hours changed nor shall he/she be placed in a non-paid status in order to preclude the
payment of overtime.
Supervisors shall provide no less than two (2) hours advance notice to employees prior to
the assignment of unscheduled, mandatory overtime unless circumstances prohibit such
advance notice, in which case, the employer shall give as much notice as is reasonably
possible.
Section 8. Shift Bidding and Posting. Employees who work in departments within
the City in cl~q.qifieations that are covered by more than one shift shall be allowed to bid
shifts, which shall be granted by seniority once each year to be completed by January 31st.
Should management have a compeltin~ operational need, they may designate the number
of A-Class workers (those with five or more years of experience) and the number of B-
Class workers (those with less than five years of experience) required to work on each
shift so that a balance of experience may be achieved for each shift. Employees shall
have an opportunity to give input on the development of their shifts
Section 9. The City ~hall pay $500.00 for each non-job required certificate or license
subiect to deparunent heard approval. The City shall also pay the actual certificate or
license fee. Depmunent head approval or denial is not subiect to the grievance and
arbitration process. This provision ahall not operate to reduce certification incentive pay
policies currently being implemented by departaients. Bargalmng Unit Members who
currently participate in departmental certification pay programs are not entitled to
participate in the $500.00 program set forth herein.
.Section 10. Standby/Call-out-Beeper Pay. Compensation for stand-by, call-out
and beeper pay .qhall remain status quo in each department.
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Section 11. Automobile Allowance. Employees who are employed in the Building
and Occupational License Deparrmem, and who are regularly required to use their
personal vehicle for City business shall receive a $425.00 monthly car allowance.
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ARTICLE 12 - COMPENSATORY TIME
Section 1. The Fair Labor Standards Act (FLSA) provides that any employee of a
public agency Who has accrued compensatory time and requested use of this time, shall be
permitted to use such time with/n a "reasonable period" after making the request, if such
use does not 'q, mduly disrupt" the operations of the agency. The use of compensatory
time must be pursuant to some form of agreement or understanding between the employer
and the employee m conjunction with the appropriate record keeping documentation.
In compliance with the FLSA, the City will apply the following schedule for members of
this bargaining unit:
Compensatory time will be accrued at time and one-half. Accumulation and use of
compensatory time must have the prior approval of the employee's supermsor.
Section 2. It is solely the employee's choice as to whether he/she wishes to be paid for
their overtime at one and one-half times their regular hourly rate of pay or take
compensatory time. The City will not encourage employees m take one form of
compensation over the other.
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ARTICLE 13 - SICK LEAVE
Section 1. An Employee shall notify his/her immediate supervisor of his/her illness
within one (1) hour after his/her normal workday begins. This procedure shall be
followed for each day the employee is unable to work unless the employee can provide
information to the supervisor of the expected length of his/her illness and the time the
employee will be absent.
Section 2. Sick leave will be granted upon approval of the department director for the
following reasons:
A. Employee's health.
B. For the illness of employee's parem, spouse, or child, not to exceed 5 days per year.
C. Medical, dental, or optical treatment which must be determined in writing by a
physician and must be performed during working hours.
D Quarantine due to exposure to contagious disease.
E.. In connection with Workers' Compensation to supplement Worker's Compensation
payments, per status quo.
F. Sick leave pay may be paid (in cash) m an employee for extraordinary cimumstances
of hardship and may be granted if the employee has the mount of sick leave credited
to his/her sick leave account. The sick leave cash out may not exceed eighty (80)
hours and the employee must retain a mm/mum of 120 sick hours on the books.
Denial of sick leave pay will be made in writing stating the reasons for the denial.
Section 3. No employee shall be entitled to sick leave in the excess of the amount of
such leave accumulated to his/her credit. Employees may accumulate unlimited sick
leave.
Section 4.
leave.
An employee making a departmental transfer will retain any unused sick
Section 5. For all employees employed as of September 30, 1991, employees (or their
beneficiaries in the case of death) that have completed their probationary period and are
regular employees will have payment made for unused sick leave at the rate of one half
(1/2) of the total number of hours accumulated, not taken, upon termination in good
standing, or retirement or death. Employees hired after October-1, 1991, that have
attained permanent status and are regular employees will have payment-made for unused
sick leave at the rate specified in the table below, upon termination in good standing,
· retirement or death.
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Continuous Years of Service
Percentage of Accumulated Sick Leave
Less than 5 full years
More than 5 fi41.1 years, but less than 10 full years -
More than 10 full years, but less than 15 full years
More than 15 full years, but less than 20 full years
Upon retirement from City Service
0%
10%
15%
2O%
30%
(Retirement shall include normal retirement, disability retirement, or early retirement as
defined in the appropriate pension Plan).
Section 6. Unused-sick leave may be accrued on an unlimited based on the currently
scheduled workweek of forty (40) hours.
A. Sharing Sick Leave
(i) It shall be the policy of the City to permit an employee who has a
minimum of 120 hours sick leave the opportun/ty of donating accrued sick leave
time to a designated employee whenever extraordinary cimumstances requi~e the
designated employee to be absent from work for a lengthy period of time, and
when the employee has exhausted all accrued sick leave and vacation leave down
to forty (40) hours.
(2) Extraordinary circumstances shall be defined as lengthy hospitalization,
critical illness or injury.
(3) When there appears to be a need to share sick leave, bargaining unit
members who are willing to contribute sick leave hours, must confirm through the
Finance Depathaent that the hours are available, and shall submit a Personnel
Action form to the Human Resources Department for proper charge to their sick
leave records.
Section 7. No member shall be placed on restricted sick leave unless that employee
has had a counseling session with his/her Director or Department Head. During that
counseling session, the employee will be informed of the reasons being considered for
restricted sick leave. At that time, the employee will be given an opportunity to explain
the sick leave taken, however, the Department Director shall have the sole discretion to
place the employee on restricted sick leave~ When an employee is placed on restricted
sick leave, the employee will be notified in writing of that fact. An employee placed on
restricted sick leave shall be re-evaluated in three months. If no violation is noted the
employee shall be removed from restricted sick leave status. If not re-evaluated within
five (5) working days after the three (3) month period, the employee will be automatically
removed from restricted sick leave. The employee shall receive a letter from the
Department Director stating that he/she is being removed bi,n/her from restricted sick
leave.
S.c .............. ~ ..... ~ ....... -,~ .............
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Section 9. WORKERS COMPENSATION - Whenever an employee is totally
disabled from duty for a period of no more than seven (7) calendar days because of an
injury determined to be compensated under the provisions of the Worker's Compensation
Act, he/she shall be entitled to full regular pay.
If the period of disability ~s greater than 7 calendar days, the employee shall receive a sum
of money up to an amount equal to the difference between his/her worker's
compensation check and his/her normal net pay. In no case will the salary supplement be
extended beyond three (3) months from the date of injury.
At the end of the three months, or sooner, the City Manager, Department Head, and
Human Resources Director (or their designee's) will review the case for a determination
of pay status. If continuation of the salary supplement is granted, it can be at any rate
determined equitable by the reviewing committee, but not to exceed an amount equal to
the net take home pay. In no case will the salary supplement be extended beyond six (6)
months from the date of injury.
After six (6) months from date of injury, the injured employee may elect to receive
accrued sick leave and after exhausted, vacation leave, in accordance with his/her rtgular
hourly wage, to the extent that his/her combined sick leave or vacation leave, City
supplement, (if less than the full amount authorized) and worker's workers' compensation
benefits equal his/her regular weekly net take home salary. The employee must contact
the payroll clerk to qualify for the combined check.
It is incumbent on the employee to make application for disability in accordance with
their pension plan and the insurance plan they are covered under. Failure to do this
automatically cancels the additional City benefits.
If the appropriate disability plan denies the claim, the additional City supplement benefit
will be canceled. If the appropriate disability plan accepts the claim, the salary
supplement will be canceled after issuance of the disability pension check or at the end of
the time duration outlined above, whichever comes first.
If an employee who is receiving Worker's workers' compensation payment along with
City supplement, sick or vacation leave, is found to be working or receiving
compensation for his/her services elsewhere, during this period, he/she will be obligated
to reimburse the City for all medical expenses and supplement, sick or vacation pay taken
and shall be subject to dismissal.
Section 10. LIGItT DUTY - Employees may return to work with a Light Duty
Certificate and/or letter from their physician provided there is work available within the
Department that would comply with the Doctor's requirements. If there is no such work
available the employee will remain on sick leave status until he/she has a full release to
remm to work from his/her doctor~
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ARTICLE 14 - FUNERAL LEAVE
Section 1. Bargaining unit employees shall be granted time off with pay to arrange
for and/or attend funeral services in the event of death(s) in the immediate family as
defined in Section 2 of this Article. Proof of death will be required. Such time off will
not exceed five (5) working days for an out of state and three (3) consecutive working
days for an in state. At the employee's option, five (5) working days out of state funeral
leave may be taken in two (2) segments of not less than two (2) days each, provided that
all five (5) days are taken within a sixty (60) day period, and documentation establishing
out of state travel related to the death is provided to the Human Resources Director.
Section 2. For purposes of this Article, the employee's immediate family is defined
as a non-probationary employee's husband, wife, son, daughter, grand-child, son-in-law,
daughter-in-law, father, mother, father-in-law, mother-in-law, brother, sister,
grandparents, foster parents, foster child, step-mother, or step-father or step-child. The
City Manager may grant funeral leave beyond these categories when extenuating
circumstances exist.
Section 3. Funeral leave shall not be charged to vacation, compensatory time, or sick
leave and shall not be used to trigger an overtime payment in any work period unless the
employee has worked in excess of 40 hours without the funeral leave computation.
Section 4. The City Manager may grant additional leave under this Section which
shall be debited against the employees annual or sick leave time or may be granted as
leave without pay.
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ARTICLE 15 - MILITARY LEAVE
Section 1. All employees of the City who are members of a military reserve urtit and
who must attend annual training sessions are entitled to leave of absence with full pay.
The City of Boynton Beach pursuant to Florida Statute 115.07 - Officers and Employees
Leaves of Absence for Reserve or Guard Trmning, will grant up to seventeen (17)
calendar days with pay each year in order that such employees may fulfill their military
obligations.
Full-time permanent employees in the City sermce who are called to perform military
service will be granted a leave of absence without pay for such service in accordance with
the pmwsions of Public Law 93-508, Section 2021 - Right of Re-Employment of
Inducted Persons; Section 2024 - Right of Persons Who Enlist or are Called to Active
Duty; reserves.
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ARTICLE 16 o LEAVE OF ABSENCE
Section 1. LEAVE WITHOUT PAY - A regular employee may be granted leave of
absence without pay for a period not to exceed one (1) year for sickness, disability or
other good and sufficient reasons which are considered to be in the best interest of the
City. Such leave shall reqmre the prior approval of the Department Head, Human
Resources Director and the City Manager. Employees that are on approved leave of
absence without pay will be responsible for paying all of their benefits, i.e. ~nsurance, etc.
Except under unusual circumstances, voluntary separation from the City service in order
to accept employment not in the City service shall be considered as insufficient reason for
approval of a request for leave of absence without pay. If for any other reason leave of
absence ~s gaven such leave of absence may be subsequently be withdrawn and the
employee recalled to servtce. All employees on leave of absence without pay are subject
to applicable provisions of these roles.
Section 2. FAMILY MEDICAL LEAVE ACT - The City recognizes it's obligation
to abide by the provisions of the Family Medical Leave Act which allows employees to
take leave without pay for family medical reasons, upon request. Employees must use all
paid leave before FMLA leave.
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ARTICLE 17 - JURY DUTY
Section 1. An employee who is legally summoned to serve on a jury or as a
subpoenaed witness on cases relevant to the City shall be permitted absence with pay for
the time required from such duty. However, such paid time will not be used in the
computation of any overtime for the pay period that the leave falls in unless the employee
works in excess of 40 hours in the pay period without the calculation of the jury duty
time.
Section 2. If an employee is called for jury duty he/she shall promptly notify h/s/her
immediate supervisor within five (5) days of receipt of the summons.
Section 3. In the event a holiday shall occur during the period of the employee }ury
duty, he/she shall receive pay for such holiday at straight time.
Section 4. The employee must provide the department director with proof of jury
duty service, before compensation is approved.
Section $. Payment for jury duty will be made as follows:
A. JURY DUTY/WITNESS FEES - All pay granted under this section must be
approved by the City Manager. Leave with pay may be authorized in order that regular
employees may serve required jury duty or a subpoena issued by a court of law to appear
as a witness on cases relevant to the City, provided that such leave is reported in advance
to the Human Resources Director. In order for the employee to receive their regular pay
for such leave the employee must deposit the money which he/she receives for jury duty
or as a witness with the City Finance Department for those days that coincide with his/her
work schedule. Employees can keep only travel expense monies. Employees subpoenaed
as witnesses in cases unrelated to City business may take vacation leave in order to
receive pay.
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ARTICLE 18 ~ MAINTENANCE OF CONDITIONS
Except as provided herein, the stares quo as it pertains to conditions shall remain in
effect for the duration of this Agreement. Changes to roles and regulations which reflect
standing policy, past practices, management fights, minor changes, and changes which do
not impact on members of this unit may be made by the City upon notification to the
Union. There is no non-salary (age or allowance) monetary benefit, except as set forth or
incorporated by reference in this Agreement.
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ARTICLE 19 - SENIORITY
Section 1. For the purpose of tiffs Contract, "seniority;' shall be defined as the
employee's length of continuous service with the City of Boynton Beach begirmmg with
his most recent date of hire The City and the Union recognize the value of an experienced
work force and agree that an employee's seniority shall be considered, along with the
needs of the city, when affecting decisions on vacations, promotions and shifts. "Job
.seniority" will mean the employee's length of service within a particular classified job.
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ARTICLE 20 - LAYOFF A_ND RECALL
Section 1. Employees shall lose their seniority for the following reasons:
ao
go
Termination
Retirement
Resignation
Layoff exceeding the period of recall
Unexcused absences for three (3) or more days
Failure to report intention of returning to work to the Human
Resources Department, within five (5) days of receipt of recall,
as verified by certified mail.
Failure to report from military leave within the time prescribed
Section 2. Layoff and recall of employees shall be handled in the following manner:
a. The City Manager may lay-off any employees in the bargaining
unit whenever such action is made necessary because of shortage of work
or funds, the abolition of a position or changes in the work fome.
However, no regular employee shall be laid-off while there are employees
with less seniority or temporary or part time or provisional or probationary
employees in the same classification serving in the department where the
lay-off occurs.
b. Whenever a layoff of one or more employees becomes necessary
the City Manager shall notify the Union at least two weeks in advance of
the intended action and the reasons therefore.
c. Such layoff will be made in reverse order of seniority within the
department. Senior laid-off employees of the depa~hnent shall be able to
displace (bump) junior depa~huent employees who are in any equivalent or
lower classification for which the bumping employee is eligible for or for
which he qualifies.
d. Laid-off employees also shall have the right to accept the lay-off.
In this connection, the laid-off employee shall have his name placed at the
top of the eligibility list for any position which beenmes open, and for
which the employee is qualified. The employee may pass or accept
placement into any such open position for a period of one year.
Employees shall have recall fights for a period of one year from the date
the lay-offtook affect. Upon recall, employees shall have all seniority and
benefits restored with the exception of any benefits that were cashed in
during lay-offperiod.
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Employees may also choose to accept the lay-off, at the time of the initial
lay-off, and receive a severance package of one month's wages. In this
connection, the employee may not reapply to a position within the City for
one year from the date the lay-offtook affect and shall not be placed on the
recall list.
It shall be incumbent upon the laid-off employee to ensure the City has
information pertaining to his most recent address for the purpose of recall.
Employees shall be recalled in the inverse order of the layoff. The City
shall recall employees via a written document using the US Mail service.
Recall letters shall be sent certified, with a return receipt requested.
Employee shall have ten (10) business days to respond to the recall letter.
A laid-off employee who is temporarily unable to return to work due to
medical reasons shall receive an extension of recall rights not to exceed
four (4) months.
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ARTICLE 21 - JOB POSTING AND BIDDING
POLICY
Job vacancies may occur which require recruitment efforts in order to fill a vacancy. This
policy establishes that posting of job vacancies are required to ensure that equal
employment opportunity r:cn::,,.*rn~c:'2:recruitments are consistently attained for all regular
stares positions.
BASIC REQUIREMENTS
1. No job shall be filled until the position has been posted for a period
no less than ten (10) calendar days.
2. Job postings shall be on official bulletin boards, designated by the
t~te-Human Resources Depm~,ent.
3. Hiring procedures, such as form of application, background check,
intermews, and examination, shall be established by the Human Resources
Depatiment and may be amended-from time to time as appropriate.
Copies of current h/ring procedures shall be made available for inspection
in the Human Resources Department.
4. The City shall make every effort to fill open bargain/~g unit
positions within sixty (60) days of the position becoming vacant, except in
the last quarter of the fiscal year.
APPLICATION PROCEDURE
1. When a job vacancy occurs for any position, the Department Director
shall submit an Employee Requisition Form to the Human Resources
Department. The submission of the Employee Requisition Form beg/us the
recruitment process. Any particular emphasis desired of duties for that job
must be indicated on the Employee Requisition Form.
2. Upon receipt of the Employee Requisition Form, Human Resources
will prepare and distribute a notice of the position vacancy called a "Job
Opportunity". Job Opportunities shall be dated and posted for a minimum of
ten (10) calendar days.
3. Unless otherwise indicated by Human Resources, job postings will be
without an established Closing Date.
4. Job Opportunities shall contain information such as position title,
salary range, closing date (if indicated), and minimum requirements inclusive
of education and experience, among other things.
5. Advertising of Job Opportunities will be made available to current City
employees by posting or publication and to the general public and will be
coordinated by the Human Resources Department at the same time.
6. tf a Closing Date has been established and no applicant is
recommended for employment from the pool of applicants who applied prior
to a Closing Sate, the posting procedure may be commenced again at the
discretion of the Department Head with the approval of the Human Resources
Director.
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Temporary or seasonal positions do not require job postings due to the
nature of the employment relationships which is intended to be of a temporary
or seasonal duration, and which has no benefits attached.
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ARTICLE 22 - RECRUITMENT AND SELECTION
POLICY
In order for the City to be operationally competitive with other governmental entities as
well as the private sector, the recruitment and retention of qualified employees is of
paramount importance. To achieve maximum efficiency the City must have the
flexibility to fill vacancies through either promotion or outside hiring. Vacant positions
shall be tilled in the best interests of the City through recruitment, selection, and
promotion of employees on the basis of their qualifications and relative knowledge,
abilities, and skills.
BASIC REQUIREMENTS
1. The Human Resources Department is responsible for nondiscriminatory
implementation of this policy.
2. Each department is responsible for assisting the Human Resources Depatlment
with recr.:itmcnt:recr.:~er2:mcruitments, interviews, tentative selections, and
recommendations for appointment.
3. The Human Resources Department has primary responsibility for h/ring
employees. All employment discussions are to be considered non-obligatory,
exploratory, and tentative in nature and should be indicated as such to the
applicant. Any offers of employment that are made to an individual prior to
obtaining all necessarily authorizations shall not be binding on the City.
CURRENT PROCEDURES
A. Applications and Interviews
1. Once the Human Resources Depamnent has officially announced a job
vacancy through the posting of a Job Opportunity, the official recruitment
process has begun. The Human Resources Director may withdraw the
recruitment process.
2. Individuals desiring consideration for employment must submit an
Application for Employment Form, a letter of proposal, or a resume to Human
Resources. Employees are encouraged to submit applications for promotional
opportunities. All applicants submitting a resume and granted further
consideration shall complete an Application for Employment at some point
during the employment process.
3. Applications must be sighed and certified by the applicant. Falsification
of any part of the Application for Employment or any related documents may
upon discovery, lead to denial of an application or dismissal of the employee.
Incomplete applications may be accepted but missing information must be
obtained from or submitted by the applicant on request.
4. All applications and resumes received by departments must be
forwarded to Human Resources.
5. The Human Resources DeparUnent may accept applications for
employment even when there are no current vacancies for a specified position.
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When a vacancy occurs, previously submitted applications and resumes
on file in Human Resources may be considered in addition to all new
applications and resumes received until the established closing date or until the
vacancy is filled.
Certain classifications may require applicable testing prior to being
given consideration. Human Resources will administer tests required and
ensure that passing scores are attmned prior to forwarding an application to a
department for consideration.
a. Supplemental points will be added to the test scores:
I) Employees shall receive five (5) preference points for their veteran's
status;
2) And one-fourth (1/4) point awarded for each year of continuous service
employed by the City
8. The Human Resources Department shall advise the appropriate Department
Head of the eligible applications.
9. Upon receipt of the eligible applications, the department should:
a. Review and evaluate all applications and resumes based on, but
not limited to, relative qualifications, knowledge, abilities, skills,
education, experience, and certifications or licenses required in accordance
with class specification. Veteran's Preference will be given in compliance
with current legislation.
b. Lq order for an applicant to be gtven further consideration,
mimmum requirements of that class specification must be met.
Departments share responsibility for this aspect of selection.
c. Prepare an interview schedule and conduct interviews. Human
Resources may assist in scheduling, contacting, or co-interviewing of
applicants at the request of the department.
d. Determine who is most suitable for further consideration and
proceed with additional interviews, if necessary.
e. Prior to recommendation for employment, the depam~tent
should determine that the applicant pool was sufficient.
f. Prior to any offer or other similar indication of employment, all
necessary steps as outlined in Section B must be satisfied.
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B. Selection, Reference Checks and the Recommendation Process
1. Once the interview process has revealed suitable applicants, the reference
checks and screening steps should begin by the department.
2. Human Resources will coordinate additional form completion with the
applicant and will conduct reference checks. Academic degrees, previous
employers, character references, and all information provided on the Application
for Employment will be subject to verification as needed.
3. Once the results of reference checks and screemngs appear satisfactory, the
department will be so notified in order that further consideration may continue.
4. The department may then recommend an applicant for employment and then
submit the proper forms to Human Rescues for processing. If the Depashnent
Director proposes a salary which exceeds the minimum of the position's 'pay
range, written justification must be included for consideration of the salary.
5. Upon receipt of a recommendation for employment and in conjunction with a
tentative offer of employment, a pre-employment physical and drug test for the
applicant is then scheduled. Medical examinations must be satisfactorily passed
to determine fitness to perform the duties of the position.
6. At~er acceptance of an applicant's physical examination and drug test results,
the Human Resources Director may proceed with the hiring process.
7. It is the City's intent to employ the most qualified applicant best suited for the
position. Cun'ent employment with the City is a factor, but is not, in and of itself,
determ/native or controlling.
C. Employment Acceptance
1. Employment acceptance must be made by the applicant within three (3) work
days of the depamnent's employment offer, unless otherwise extended by the
Human Resources Director. If employment acceptance is declined, the
department may consider another applicant from the recmitment's applicant pool,
or the depaxunent may choose to begin a new recruitment. Employment
Procedures shall be followed in either case.
2. The Human Resources Department must be notified by the depamnent of the
tentative hire date. Employee orientation will then be scheduled. New employees
must provide proof of work eligibility and verification of identity to the City.
Human Resources will process the necessary employee paperwork To the Finance
Department for payroll purposes.
3. The Human Resources Depamnent shall conduct a general orientation
program for all new employees to explain the City's history and organization, to
complete benefit program enrollments, and to stress the use of safe work practices
and the City's commitment to excellent customer service.
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ARTICLE 23 - HOLIDAYS
Section 1.
The following holidays shall be observed:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
in addition, the employee may take his or her birthday with notice to their supervisor.
Birthdays that fail on a weekend may be taken on Friday or Monday without prior notice.
If taken the birthday will be charged as a vacation day. Holidays are not cumulative or
interchangeable.
Section 2. For each observed holiday, a full-time employee shall be entitled to eight
(8) hours of pay at the employee's regular rate of pay, except where employees are
normaily scheduled to work a ten (10) hour day. In that case, they shall receive ten (10)
hours of pay. In ail events, where the employee is scheduled off for the holiday, the
employee shall be paid straight time for not working that holiday. In the event that an
employee is scheduled on during a holiday, the employee shall be paid their regular rate
of pay for working the holiday (time and one-haif) and shall be paid straight time for the
holiday. Hourly rate employees must work thei? re.re, ilar work days immediately before
and after the holiday in order to receive pay for the holiday or be in an authorized with
pay status immediately before and after the holiday.
Section 3. A full-time employee required to work and who actuaily works on an
observed holiday shall receive time and one-hail (1 1/2) their regular rate of pay for ail
hours worked in addition to that payment provided in Section 2.
Section 4. Employees on vacation, annual military leave, jury duty, sick leave,
funeral leave, and other absences from duty, but on active pay status on the day the
holiday is observed must use the holiday on the same day that it is earned. Holidays that
occur during vacation leave shall not be charged against such vacation leave.
Section 5. Holidays falling on a Saturday shall be observed the preceding Friday.
Holidays failing on Sunday shall be observed the following Monday. The City Manager
has the authority to reschedule the holiday (Example New Years Day 2000).
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ARTICLE 24 - VACATION
Section 1. The following outlines the vacation leave policy for full time employees:
Plan A: The following language and schedule apply to all full time employees with
an employment date prior to October 1, 1991.
Each full time employee shall earn vacation leave at the rate of one working day per
month during the first year of service. Each employee shall, at the end of each year
thereafter, be credited with additional vacation days (accumulated in hours) for each full
year of continuous service as outlined in the chart below. The number of days/hours
credited per year will not increase after the 21st year of service unless the included chart
is amended. Employees on initial one year probation are not eligible to take vacation for
the first six months. Vacation may be accrued in accordance with the following schedule:
PLAN A
VACATION ACCRUAL POLICY
(Based on 40 hour work week)
Years of Service
Vacation Days
Vacation Hours
1 Year 12 96
2 Years 15 120
3 Years 15 120
4 Years 16 128
5 Years 17 136
6 Years 18 144
7 Years 19 152
8 Years 20 160
9 Years ' 21 168
10 Years 22 176
11 Years 22 176
12 Years 22 176
13 Years 22 176
14 Years 22 176
15 Years 22 176
16 Years 24 192
17 Years 24 192
18 Years 24 192
19 Years 24 192
20 Years 24 192
21 Years & After 25 200
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Vacation leave may be taken as earned subject to the approval of the Department Head
who shall schedule vacations so as to meet the operating requirements of the Department.
Employees may accrue vacation leave to a maximum of the leave earned in the most
recent two employment years. Vacation leave accrued during October 1 - September
30 may exceed this stated policy, however, any amount over the allowable maximum
that has not been used during that ( October 1 - September 30 ) period will be forfeited
as of September 30. However, employees who have been denied vacation shall have the
excess vacation hours paid to them ar their regular straight time rate of pay in the last pay
check of the fiscal year.
Vacation requests must be approved or denied within thirty (30) days of the date of thc
request.
Employees may cash in up to ei~tv (80) hours of vacation for emergencies or
extraordinary cases of hardship if the employee has the time accrued in his/her acconm
provided, however, the combined cash out of sick and vaeatlon in ally one year shall not
exceed eighty (80) hours. The employee may take advantage of this right once during the
term of this Agreement.
Plan B: The following language and schedule apply to all full time employees with
an employment date of October 1, 1991 and thereafter. Each full time employee shall
earn vacation leave at the rates shown in the schedule outlined in this Section B. Each
employee shall at the end of each year be credited with additional vacation days
(accumulated in hours) for each full year of continuous service as noted in the chart
below. The number of days/hours credited per year will not increase after the 20th year
of service unless the schedule is amended. Employees on their initial one-year probation
are not eligible to take vacation for the first six months ofemploymem.
Vacation may be accrued in accordance with the following schedule:
PLAN B
VACATION ACCRUAL POLICY
(Based on 40 hour work week)
Years of Service
Vacation Days
Vacation Hour~.
1 Year
2 Years but less than 5
5 Years but less than 10
10 Years but less than 20
6 48
12 96
15 120
17 136
20 Years and after
20 160
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ARTICLE 25 - WAGES
· ' ~ .....+ if]
~- ................~-: :::::::~,r ......... Re¢lass cations, upgrad~ or promotinn~;
which are planned to occur at the beginning of the fiscal year shall not be
implemented in a m--ncr and order, which will defeaL dlmlni~h or avoid any of the
base wage increase adiustments set Forth in this Agreement.
Effective the 2nd pay period following ratification of this agreement~ and retroactive
to October 1T 2000, employees shall receive a 4% base wage increase. Employees
who have reached the maximum of their pay scale or who will be above top-out shall
receive a lumn ~nm payment for the portion of the 4% increase which is above the
maximum of their pay scale.
Pay for performance evaluation forms shall be developed by the Human Resource
Department who .~hall seek input from the Union and the Department Heads, and
shall be completed by no later than April 1~ 2001. The input from the Union shaH be
advisory to the Human Resource Director and reiection of a recommendation shall
not constitute grounds for a grievance or an unfair labor practice. The first
evaluation period under the Ci~'s pay for performance program shall commence
April IT 2001 and end March 31~ 2002. During the evaluation period(sL employees
' who receive a score of "satisf~-¢t-Ol'y.' shall receive a 2% merit increase, employees
who receive a score of "above satlafactory' shall receive a 3% merit increase, and
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employees who receive a score of "outstanding" shall receive a 4% merit increase.
Employees who have reached the maximum of their pay scale or who will be above
top-out shall receive a lump sum payment for the portion of the merit increare
which is above the maximum of their pay sca!~
On September 30~ 2001~ the maxim,m of each employees salary range shall bo
increased bv 5%. On October 1, 200L all members of the bargaining unit shall
receive a 2% base wage increase. Employees who have reached the maximum of
their pay scale or who will be above top-out shah receive a lump sum payment for
the portion of the 2% increase which is above the maximum of their pay scale. On
February 1, 2002~ the employees supervisor shah issue the employees preliminary
performance evaluation. Employees shall be evaluated in an unbiased and fair.
manner. A sixty (60) day review~ guidance and consultation period will follow
which shall give the employee an opportunity to improve his overall performance
evaluation score. Employees shah be elia. ihle for a 0%-4% merit based~ base wage
increase as stated in paragraph three of this Article~ payable on the second pay
period following April 1~ 2002. Employees who have reached the maximum of their
pay scale or who will be above top-out shah receive a lump sum payment for the
portion of the merit increase which is above the maximum of their pay scale.
On October 1, 2002, all members of the bargaining unit shall receive a 2% base wage
increase. Employees who have reached the maximum of their pay scale or who will be
above top-out shall receive a lump sum payment for the portion of the 2% increase which
is above the maximum of their pay scale. On Febmaxy 1, 2003, the employees supervisor
shall issue the employees preliminary performance evaluation. Employees shall be
evaluated in an unbiased and fair manner. A sixty (60) day review, guidance and
consultation period will follow which ghall give the employee an opportunity to improve
his overall performance evaluation score. Employees shall be eligible for a 0%-4% merit
based, base wage increase as stated in paragraph three of this Article, payable on the
second pay period following April 1, 2003. Employees who have reached the maximum
of their pay scale or who will be above top-out shall receive a lump sum payment for the
portion of the merit increase which is above the maximum of their pay scale.
AH lump sum payments shall be pensionable.
Section 2 FAMILY HEALTH CARE RF, I,IEF. Effective October 1, 2000~ the City
shah provide employees covered by this Agreement with an additional 1% of
bargaining unit payroll (as established prior to the adiustments provided for in thi~
Agreement) to relieve the increased health care costs on employees. The parties
agree to distribute the amount to bargaining unit members in a manner determined
by the bargaining unit.
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Section 3. When an employee is advanced to a position in a higher classification
level, the employee will be placed within the appropriate classification level which will
provide a daily rate increase as follows:
b4
CO
Promotion or re~rade from non-exempt to exempt:
(+10% of mid point of new grade or to minimum of new made level
whichever is greater)
Promotion or regrade of one grade:
I~- 5% of mid point of new grade or to minimmn of new grade whichever
is greater
Promotion or regrade of two grades:
(+ 7.5% of mid point of new grade or to minimum of new grade whichever
is ~reater
Promotion or regrade of three or more grades:
(+10% of mid point of new grade or to mimmum of new grade whichever
is greater)
Should mana~.ement detenuine a newly hired employees' credentials warrant
receiving an all.nnali~'ed base ~alaw above the entry level into the classification,
the new employee may start his/her employment with the Citw at no more than the
mid-point above the entry level rote for his/her classification.
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ARTICLE 26 - SAFETY AND HEALTH
Section 1. The City shall comply with all State and Federal regulations pertaining to
the occupational safety of the members of this bargaining unit. The City has and will
maintain a safe and healthy working environment for bargaining unit employees.
Section 2. Employees in classifications/positions where it is warranted, will receive
one (1) pair of safety shoes/boots per year, and two (2) pairs of safety shoes/boots per
year for employees in high risk positions. The City Safety Commlttee will be responsible
for deciding which positions required the w-canna of safety shoes/boots based on OSHA
standards and recommendations and the number of shoes/boots appropriate for the
position. Management shall determine the tTpe and qualify of such shoes/boots. The
employees designated to receive shoes/boots will be allowed to choose directly from the
vendor, purchase the item at a location determined-by the employee as long as the item
meets OSHA standards, and shall be reimbursed one hnndred percent (100%) of the price
of the item up to $75.00 per purchase.
Section 3. The City shall make available immunization shots for tetanus, hepatitis,
and diphtheria for ail members of the bargaining unit as requested on a voluntary basis.
................ o .... ~ .................... 90
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ARTICLE 27 - GENERAL PROVISION
Section 1. The City and the Union agrees to Share in the cost of reproducing this
Agreement. The City will make the Agreement available on the City's Shared Drive.
Section 2. Except in the case of negligence or misuse ali employees requested to
furnish tools for their job shall receive replacement tools for tools broken in performance
of the City's work provided they furnish the City with a list of their personal tools
approved by their depathnent head. Employees who are assigned City-provided tools,
materials and itenas of value to perform their job, and who lose those tools, materials and
items of value, shall be responsible for replacing those lost tools, materials and items of
value. Tools stolen from their assigned City-owned vehicle or City property shall be
replaced by the City, if there was no negligence, in their loss. In the event that. the
employee was negligent, the employee shall be responsible for the replacement of the
stolen tools.
Section 3. The City shall pay the total medical, hospitalization, and dental insurance
prermum for all regular employees. The employees will pay the full cost of medical,
hospitalization and dental insurance for their dependents. Existing or comparable
coverage shall re~naln in effect for the duration of this Agreement; however in the event
the City can provide for alternative equivalent benefits options for employees then the
health insurance coverage for the employee and their dependents may be amended from
time to time. In this CnnneetiOn, should the employees' cost to provide dependent
coverage for their dependents increase more than 15 % during any fiscal year, the City
agrees to open this Article for the purpose of impact bargaining. The review and
selection of insurance coverage shall be made on an annual basis by the City. To that
end, the City will form an insurance committee to be comprised of an equal number of
non-represented members who are appointed by the City Manager and two members from
each of the city's bargaimn~ units. Bargaining unit representatives shall be designated by
the Union. The final decision regardin~ selection of coverage is. reserved to the City, but
the City shall strongly consider input and recommendations from the insurance
committee.
Section 4. The employee shall be allowed to place written refutations and or
responses into their personnel file and/or deparunental work file when those refutations or
responses relate to material placed into the personnel file which has been prepared by
supervisors.
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Section 5. The City's Human Resources Department maintains a personnel file for all
City employees. Consistent with State law, the City agrees that upon request, a member
shall have the .right to inspect his/her own personnel records and shall have the right to
make duplicate copies of his/her records at no expense. The City may destroy personnel
files in accordance with appropriate Florida State Statutes. The employee file maintained
by the Human Resources Department shall be the official file for each employee.
Disciplinary actions older than a two (2) year time frame shall not be referred to or
considered in any current disciplinary action.
Section 6. The City will provide reimbursement for tuition and books for any full time
non-probationary employee who chooses to obtain a High School degree, G.E.D. or
equivalent, or who chooses to attend an accredited college or university.
Except for enrollment in a G.E.D. or High School Equivalency program, employees
meeting this criteria will initially pay for tuition and books, and be reimbursed by the City
upon presentation of documented completion of the course. The employee who attains a
grade of "A" or better will receive 100% reimbursement; a grade of "B" or better, 75%
reimbursement; or a grade of"C" or better, 50% reimbursement of the tuition and l~ooks
for the course.
/n the event that the course is a mandatory pass/fail course, a grade of"passing" shall be
treated the same as a "B". Employees will receive no compensation for a grade below
Employees who wish to enroll in a G.E.D. or High School Equivalency program may,
upon the submission of appropriate registration materials, be advanced by the Finance
Depa~unent, a check for the cost of registration and books.
Courses must lead to a degree in the field of discipline that may enhance the member's
performance in any City position. The committee to review the validity of the course and
degree program for which the reimbursement is applied wilt be made up of the
employee's Department Head, Human Resources and Finance Directors or their
designees. Approval for participation in the reimbursement program must be made prior
to enrolling in the course. The committee will forward the recommendation to the City
Manager who will have the final approval for payment. Employees are eligible for a
maximum of $750 per fiscal year on a first come first serve basis, but in no case will
reimbursement funds be approved that exceed the budgeted allowance.
This benefit will not be retroactive and will only cover classes taken in the fiscal year
applied for.
Section 7. For the term of this agreement, employees who are required to wear
uniforms shall receive the same number of uniform p~eces allocated to them prior to the
ratification of the agreement. The cost of the uniforms shall be borne by the City.
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Section 8. Employees who are not required to wear uniforms shall be allowed m
continue to wear City polo shirts in the color choice of the City. The City shall provide
two (2) polo shirts to each employee on their anniversary date. The cost of uniforms
and/or polo shirts shall be borne by the City.
Section 9. Emergency Pay Policy.
l. Whenever the City Manager declares that an emergency condition exists, and the
City Manager calls for preparedness actions to take place either before, during or after the
emergency, the City Manager may suspend those necessary provisions of the collective
bargaining agxecment as long as the provisions regarding pay and benefits shall remain in
effect.
2. During any declared emergency called by the City Manager, City employees
represented by Local 1227 who are sent home from work, and who do not provide a
service to the City, ~hall be credited with eight (8) hours of pay or shift time at their
regular straight-time rate of pay, for each work day they remain assiened at home during
the emergency. This eight{8) hours of credited pay or shift time shall be counted as time
worked for purposes of computing overtime.
3. g. mployees who are called in to work, and who provide a service to the City
during the time of the declared emergency, also shall be credited with eight (8] hours of
pay at their regular slraight-time rate of pay or ~hi~ time for each work day during the
declared emergency. This eight (8) hours or shift time of credited pay shall be counted as
time worked for purposes of comp~ting overtime. In addition, employees shall receive
their regular hourly rate of pay, at the appropriate rate of pay, for all hours actually
worked during the emergency.
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ARTICLE 28 - SAVINGS CLAUSE
54
Section 1. If any article or section of this Agreement should be found invalid,
unlawful or not enforceable, by reason of any existing or subsequently enacted legislation
or by judicial authority, all other articles and sections of this Agreement shall remain in
full force and effect for the duration of this Agreement.
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55
ARTICLE 29 - DUES DEDUCTION
Section 1. For all union business, employees covered by this Agreement should first
contact their Union Steward.
Employees covered by this Agreement may on the prescribed form, authorize payroll
deductions for the purpose of paying Local 1227 dues deductions. Employees shall
receive copies of the form from their Union Steward or the Union's office.
Section 2. The Union will notify the City as to the mount of Union dues deductions.
Such notification will be certified to the City in writing over the signature of an
authorized officer of the union. Changes in Union membership dues will be similarly
certified to the City and shall be done at least one (1) month in advance of the effective
date of such change. To revoke the payment of Union dues, the employee shah go to the
Union office and Union staff shall prepare and mail an employee signed notice of such
change to the City's Finance Department.
Section 3. Dues shall be deducted each pay period and remitted monthly and the
funds shall be remitted along with a list of employees contributing to the Treasurer of
Local 1227 within fifteen (15) days after the end of the month. The Union will
indemnify, defend and hold the City harmless against any claims made or suits instituted
against the City on account of payroll deduction of Union dues.
Section 4. For the purpose of putting this Article into effect, the Union will furnish
forms for such individual authorization.
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ARTICLE 30 - PENSION
Employees will continUe to participate in the current employees pension plan of the City
of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual
actuarial valuation report will be provided to the Union, in its entirety, upon request from
the Union.
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ARTICLE 3331 -.PROBATIONARY PERIOD
Section 1. All newly hired or rehired employees shall be subject to a probationary
period of I year,
Section 2.
months.
All promoted employees shall be subject to a probationary period of 6
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ARTICLE 3-332 - LONGEVITY BENEFITS
PURPOSE
To provide benefit incentives to long-term employees, giving recognition for continuous
and meritorious sermce. Longevity benefits are available with/n these guidelines.
ELIGIBILITY
Employees eligible are those employees who:
a) have been employed with the City on a regular full-time and
continuous basis for a minimum of five/5) years,
b) have an over "MEETS STANDARDS" or above rating on the previous
employee evaluation.
BENEFIT
Employees will receive a cash Lump Sum Bonus as follows:
On the employees fit3 (5th] anmversary a lump sum payment of $500.00
On the employees tenth (10t~) anniversary a lump sum payment of $1,000.00
On the employees fifteenth (15~) anmversary a lump sum payment of $1,500.00
On the employees twentieth (20th) anniversary a lump sum payment of $2,000.00
PROCEDURES
o
Any pay earned for Longevity Benefits is subject to required federal deductions.
Each Department Director is responsible for projecting the number of employees
eligible for Longevity Benefits in their department and budget accordingly for
each fiscal year.
Benefits shall not be paid beyond termination payouts. Employees who terminate
fi:om City employment prior to their to their hire anniversary date will not be
entitled to benefits.
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ARTICLE 3433 - BONUS INCREASES
In addition to any other monetary benefit, the City Manager is authorized to approve a
bonus of $500.00 when such a bonus is justified, in writing, on the prescribed forms by
the Department Head. This bonus will not affect the employees pay grade and step.
Funds for the bonus will be budgeted as a separate allowance and administered under the
direct control of the City Manager. Employees are not automatically entitled to bonus
money and only one bonus will be allowed to an employee in a fiscal year. This approach
is a system where top performance can be recognized by the immediate supervisor and
prompt rewards can be made at the discretion of the supervisor provided the department
head concurs. This top performance must be substantiated by the supervisor and the
Department Head using the prescribed forms furnished by the City Manager.
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ARTICLE 3-534 - CITY MANAGER INCENTIVE PROGRAM
All submittals for incentives must be done as part of a team and the submittal must be
approved by the team's supervisor. The pool for funding this program will be limited to
$15,000.00 per fiscal year and the amount of any single program will be limited to
$1,000.00 Employees are encouraged to be as creative as possible, while at the same time
keeping the effort simple. Incentive payments will be considered for the following type
of activities (although they are not limited to just these type of activities):
Customer setwice improvements.
Cost efficiencies (savings).
Improvements in operations.
Productivity enhancements.
Expanding hours of operations.
Doing work in-house rather than engaging a consultant.
hueentive applications will be accepted by the City Manager's office, commencing
September 30th of each year, for award at the last City Commission meeting in December.
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ARTICLE 3635 - BONUS DAYS
INTENT
The intent of this Article is to establish a wellness program designed to mim'mize time
lost on the job and to help reduce the City's overall health insurance expenses. The City
recognizes that employees occasionally suffer from injuries or illness necessitating the
use of paid sick leave time off. However, this program provides incentive to reward those
employees who use sick time responsibly.
ACCRUAL
All full time City employees covered by this policy are eligible to receive on
bonus day for continuous attendance at work at the completion of each calendar
quarter that the employee has not used sick time during the previous quarter, nor
has been absent from work or on leave other than those paid leave categories
recognized in this document.
Bonus days shall be counted as vacation leave and subject to the provisitn set
forth for use of vacation.
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ARTICLE 3736 - MANAGEMENT RIGHTS
Section 1. Except -- and only to the extent -- that specific provisions of this
Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and
will continue to retain, the fight to organize, plan, direct, control, operate and manage its
affairs and those of its employees in whatever manner it deems appropriate in each and
every respect. The parties to this Agreement hereby agree that, in construing this section,
the legal principle that "the expression of one item is the exclusion of another" shall not
apply. Rather, full effect shall be given to the intention of the parties that management
shall retain all constitutional, ordinance, inherent, common law, or other rights except to
the extent specific provisions of this Agreement expressly provide othenvise. The Union
recognizes the prerogatives of the City to operate and manage its affairs in all respects;
and the powers and authority which the City has not abridged, delegated or modified by
this Agreement are retained by the City. The rights reserved to the sole discretion of the
City shall include, but are not limited to, the right:
A. To determine the purpose and mission of the City and all its employees, to
determine the amount ofbudgnt to be adopted, and to exemise control and discretion over
the organization and operation of the City in all respects including the right to detemfine
whether goods or services are to be made, provided or purchased and to decide the design
and maintenance of the departments, facilities, supplies and equipment.
B. To maintain economic stability.
C. To change or eliminate existing methods of operation, equipment, or facilities and
to adopt and implement technological changes or improvements including, but not
limited to, vehicles, and alt other materials or supplies.
D. To determine the methods, income and personnel by which such operations are to
be conducted.
E. To select, hire, test, classify, promote, tram, assign, retain, evaluate, lay-off,
schedule, and determine the qualifications of all employees.
F. To suspend, demote, discharge, reprimand, or take other disciplinary action
against employees for just cause.
G. To determine the organization of City government.
H. To determine the purpose and extent of each of its constituents, departments and
positions therein.
I. To set standards for sermce to be offered to the public, and standards for the
performance of duties of job assignments.
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J. To manage.and direct the work of the employees of the City, including the fight to
assign work and overtime as provided herein.
K. To establish, determine, implement and maintain effective internal security
practices.
L. To determine the number, type and grades of positions or employees assigned to
an organizational unit, department or project.
M. To determine lunch, rest periods, and clean-up times, the starting and quitting
time, and the number of hours to be worked. Work schedules will be posted, and will not
be altered in the midst of normal pay periods as provided herein.
N. To adopt or enforce cost or general improvement programs.
O. In a civil emergency, to use personnel in any lawful manner.
Section 2. If, in the sole discretion of the City, it is determined that civil emergency
conditions ex~st, including, but not limited to, riots, civil disorders, hurricane conditions,
tornado, or other emergency conditions, the provisions of this Agreement may be
suspended by the City during the time of the declared emergency as long as employees
remain in a pay status.
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ARTICLE 37 - DURATION
Section 1. This Agreement shall become effective on ratification by both parties as
prescr/bed by Chapter 447, Florida Statutes, retroactive to October l, 2000 for wages and
longevity only, and remain in full rome and effect until September 30, 2003.
Either part/shall notify the other in writing not prior to April 15, 2002, expressing a
desire to negotiate a new collective bargairfing agreement. If not notified by April 15,
2002 the current contract language shall remain in full force and effect until the nexl
fiscal ,/ear.
Initial proposal and negotiations shall commence within sixty (60) days from receipt of
notice by either pan3,.
Notwithstanding the effective date as set forth above, Article 25 shall be retroactive to
October 1, 2000.
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Agreed to this day of , 19 , by and between the
respective parties through the authorized representatives of the Union and the City.
NATIONAL CONFERENCE OF FIREMEN & OILERS, SEIU AFL-CIO, CLC
Witness
Witness
BY:
Loc~ 1227
CITY OF BO YNTON BEA CH
Witness
Witness
ATTEST:
Wimess
BY:
Mayor
City Clerk
APPROVED AS TO FORM
AND CORRECTNESS:
City Attomey
City Manager
Date ratified by Commission:
Date ratified by Union:
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Requested City Commiseiov~
Meeting Dates
[] November 21. 2000
[] December 5. 2000
[] December 19. 2000
[] January 2, 2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
November 9, 2000 (5:00 p.rm)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meetin~ Dates
[] January. 16. 2001
[] February 6,2001
[] February 20. 2001
-'] March6, 200I
V-CONSENT AGENDA
ITEM C.7
Date Final Form Must be Ttrmed
in to City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00
Februa~ 7, 2001 5:00 p.m.)
February 21, 2001 15:00 p.m.)
NATI~ OF
AGEI~YDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business ·
[] Am~otmcemen~ [] Presentation
RECQMMENDATION: MOTION to "piggy-back" the CITY OF FORT LAUDERDALE, BID #8152, to
GOVERNMENT SERVICES GROUP, INC. and legal parmers NABORS, GIBLIN & NICKERSON P.A. for
CONSULTANT SERVICES FOR THE DEVELOPMENT AND IMI'LEMENTATION OF A FIRE/RESCUE
ASSESSMENT PROGRAM in the amotm~ of $81,950, PLUS $ .80 PER PARCEL ADDITIONAL COST FOR
PRODUCING AND MAILING TIlE STATUTORILY REQUIRED I(IRST CLASS NOTICES.
EXPL~NATION: It is the desire of the City to implement a Non-Ad Valorem Assessment Program ('~NAVAP") for
Fire/R~scue Se~wices. To date the City has published the "public notice of intent", adopted a "notice of intent resolution" and
transmitted the resolution to the Florida Department of Revenue. The next steps are to "conduct a study", "create the
necessgry documents to ~mplement and u'epose the spemal assessment', and to establish the assessment roll from which the
annual assessments will be collected" This will require the specialized services provided by the consulting £u-m of
Govern. e.a.t Services Group, Inc. and their legal partners Nabors, Gib[in, &Nickerson, P.A. Government Services Group,
Inc. is ~ighly recommended by the City of Fert Lauderdale and "piggy-backing" their bid will allow a time frame to have a
certified assessment role complete by September 2001.
PRO(
allowi
FISCJ
accoul
ALTI~
would
qua[iff
end of
,RAM IMPACT: This Non-Ad Valorem Assessment Program for Fire/Rescue Services will benefit the City by
tg additional revenues to cover Fire Department expenditures.
~L IMPACT: A Budgeta~ Transfer will be made from Contingency and placed in the Other Professional Services
t within Fire Department budget to fund the consulting fees and the required mailing.
RNATIVES: To develop specifications and solicit competitive pricing through a Request for Proposal. This process
require adequate time for proper advertising, a pre-proposal meeting, and time for the consulting firms to prepare
:ations, services to be provided, and pricing. This would not be timely for having a certified assessment roll by the
September 2001.
Department of Financial Services
Department Name
City Manager's Signature
Ci~'tt~mey / Finance / Human Resources
RESOLUTION NO. R-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE PIGGY-BACK" BID OF THE CITY OF FORT
LAUDERDALE, BID NO. 8152, TO GOVERNMENT
SERVICES GROUP, INC., AND NABORS, GIVLIN &
NICKERSON, P.A.. FOR CONSULTANT SERVICES
FOR THE DEVELOPMENT AND IMPLEMENTATION
OF A FIRE/RESCUE ASSESSMENT PROGRAM IN
THE AMOUNT OF $81,950, PLUS $.80 PER PARCEL
ADDITIONAL COST FOR PRODUCING AND
MAILING THE STATUTORILY REQUIRED FIRST
CLASS NOTICES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, It is the desire of the City to implement a Non-Ad Valorem
for Fire/Rescue Services; and
WltEREAS, the City has complied with all statutory notice requirements, and
adopted a notice of intent resolution which has been forwarded to the Florida
of Revenue; and
W[IEREAS, it is now necessary, to conduct a study, and create the necessary
documentation to implement and impose the special assessment, and to establish the
assessment mil from which the annual assessments will be collected;
NOW, TItEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION
OF BOYNTON BEACH, FLORID& THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
the "piggyback" bids of the city of Fort Lauderdale, Bid No. 8152, to
Government Services Group, Inc:, and Nabors, Givlin & Nickerson P.A.. for consultant
services for the development and implementation of a Fire/Rescue Assessment Program
in the mount of $81,950, plus $.80 per parcel additional cofi~ for producing and mailing
the statutorily required first class notices
Section 2. That this ResOlUtion ~hall be¢ome effective immediately.
PASSEl) AND ADOPTED this __ day of February, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
~TTEST:
City Clerk
(Corporate Seal)
TO:
FROM:
MEMORANDUM
CITY MANAGER'S OFFICE
Kurt Bressner
City Manager
Wilfred Hawkins
Assistant City Manager
DATE:
SUBJECT:
January 17, 2001
Non - Ad Valorem Assessment Program for Fire/Rescue
Services ( "NAVAP" )
Status ( "NAVAP" Process )
The city is currently engaged in a process to potentially establish a
non - ad valorem assessment program ( "NAVAP" ) for Fire/Rescue
Services. To date the city has published the "public notice of intent",
adopted a "notice of intent resolution", and transmitted the resolution to the
Florida Department of Revenue ( see exhibits 1-3 ). The next component of
the process is the most crucial.
The next required step is to first conduct a study that will collect data
to develop a method of apportioning the assessment that can withstand legal
challenges. Secondly, to create documents that implement imposing and
collecting the special assessment. And third, to establish the assessment roll
from which annual assessments will be collected. Other municipalities that
have created assessment programs for tim/rescue employed experts to
perform the tasks delineated above.
Background
Specifically, the City of Fort Lauderdale conducted a bid process for
consulting services for the Development and Implementation of Fire/Rescue
Assessment Program. Nine fimis received bid packets, but only one firm
responded ( see exhibit 5 ). On February 1, 1999 the City of Fort Lauderdale
City Commission approved hiring Government Services Group, Inc. (
"GSG" ) from Tallahassee, FL. and legal parmers Nabors, Giblin, &
Nickerson, PA. ( '.'NG&N" ). The City of Fort Lauderdale re-implemented
the fire/rescue assessment in 1999 and recently adjusted the assessment
Page 2 NAVAP
program relative to the collection methodology on October 1, 2000 to
comply with court rulings. The Ci~ of Fort Lauderdale procurement
guidelines allow other govemmehtal entities to "piggy back" contracts
awarded by their city ( see exhibit 6 ).
Recommendation
Staffrecommends that the City of Boynton Beach "piggy back" the
City of Fort Lauderdale bid for Consultant Services for the Development and
lmplementation of Fire/Rescue Assessment Program. Furthermore, GSG has
Submitted a proposal to the City of Boynton Beach detailing a work plan and
associated fees ( see exhibit 3, page C-1 ). GSG is quoting the same hourly
rate ( $120 p/hr - GSG and $150 p/hr - NGN ) as applied to the City of Fort
~auderdale contract; therefore, the cost to Boynton Beach is quoted as
follows:
GSG/NG&N FEES 556 HOURS
TRA VEL & EXPENSES
TOTAL LUMP SUM FEE
ADDITIONAL COST
FOR PRODUCING AND MAILING
THE STATUTORIL Y REQUIRED
FIRST CLASS NOTICES,
PER PARCEL
$ 74, 500
$ 7,450
$81,950
$ .80p/pcl.
Conclusion
In conclusion, GSG is highly recommended by the City of Fort
Lauderdale Fire Department. And "piggy backing" their bid will definitely
~ave the city time relative to being able to complete this component of the
required process before the end of this year. Ifa notice to proceed is issued
in February and the City Commission successfully adopts the subsequent
required assessment ordinances, resolutions, and rates, the certified
assessment role could be completed by end of September 2001 ( see ~xhibit
3, page B-1 ).
C:
Bill Atkins, Asst. Finance Director
Diane Reese, Finance Director
William Bingham, Fire Chief
EXHIBITS
Transmittal Letter to Florida Department of Revenue
Notice of Intent Resolution
Proposal from Government Services Group, Inc.
Public Notice of Intent
City of Ft. Lauderdale Purchase Order
Excerpt from City of Ft. Lauderdale Procurement Guidelines
'The CiO, of
Boynton Beach
.0
Ci~ Cl~rk's
100 £. Bo~llton Beach Boulevard
P.O. Box 310
Boyntou Beach, Florida 33425-0310
(561 742-6060
FAX: (56I) 742-6090
EXHIBIT I
December 28. 2000
Florida Dept. of Revenue
property Tax Administration Program
2410-A Allen Road
Tallahassee, FL 32399-0100
RE: RESOLUTION #R00-181 -NOTICE OF INTENT
Dear Representative:
Attached please find a copy of the above mentioned resolution with exhibits that was adopted
by the City Commission at the regular meeting held on December 19, 2000.
If you have any questions pertaining to this. please do not hesitate to contact me.
SinCerely,
CITY OF BOYNTON BEACH
Sue Kruse, CMC/AAE
City Clerk
C:
Palm Beach County Tax Collector
Palm Beach County Properly Appraiser
Government Services Group Inc., Camille Gianatasio
Diane Reese, Finance Director
"An Equal Op~,ortunity/Affirmative Action/ADA Em~,loyer"
EXHIBIT II
RESOLUTION R 0 00-/~/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, SETTING
FORTH THE CITY'S INTENT TO USE THE UNIFORM
METHOD FOR THE COLLECTION OF A NON-AD
VALOREM SPECIAL ASSESSMENT TO BE LEVIED
UPON REAL PROPERTIES LYING WITHIN THE
MUNICIPAL BOUNDARIES OF THE CITY, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO, TO FUND THE CITY'S FIRE
RESCUE SERVICES; STATING A NEED FOR SUCH
LEVY; PROVIDING THAT A COPY OF THIS
RESOLUTION SHALL BE FORWARDED TO THE
PROPERTY APPRAISER, TAX COLLECTOR AND THE
FLORIDA DEPARTMENT OF REVENUE; AND
PROVIDING FOR CONFLICTS, SEVEKABILITY AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida,
(the "City") intends to impose a special assessment to fund the provision of fire
rescue services by the City; and
WHEREAS, in accordance with Section 197.3632(3)(a), Florida Statutes, the
City advertised its intent to use the Uniform Method for the collection of the
assessment weekly in a newspaper of general circulation for four (4) consecutive
weeks preceding the public hearing held the date hereof. Proof of publication of such
hearing being attached hereto as Exhibit "B", and
WHEREAS, the City Commission held a duly-advertised public hearing prior
to the adoption of this Resolution; and
WHEREAS, pursuant to Section 197.3632, Florida Statutes, as amended, the
City Commission of the City of Boynton Beach, Florida desires to set fomh its intent
to use the uniform method of collecting non-ad valorem special assessments to fund
Section 5.
All resolutiOni 67~i ~ resolutions
in conflict herewith are
hereby repealed to the extent of such conflict.
Section 6. If any clause, section, other part of application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part of application, it shall not affect the validity of the remaining portions
or applications of this Resolution.
Section 7. This Resolution shall become effective immediately upon. its -
passage and adoption.
PASSED AND ADOPTED this /~ day of December, 2000.
ATTEST:
..ommissioner
' Cii~"Clerk ...... i Commissioner
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Page 2 of 9
21 ..thence N.23°57'45"E. along said eastedy right-of-way line, a distance of 186.28 feet, to a point;
22..thence N.20°05'E, along said easterly right-of-way line, a distance of 161.45 feet. Io the southwest
comer of LOT 56 LAKE EDEN SUBDIVISION PLAT NO.4 as recorded in said Public Records in Plat Book
30 page 122;
23..thence N.88°59'13"E, along the south line of said LAKE EDEN SUBDIVISION PLAT 4, a distance of
880.51 feet, to a point in the southerly extension of the west boundary of the southeast quarter (SEl/4) of
the southeast quarter (SEl14) of the southeast quarter (SEl/4] of the northeast quarter (NEll4) of Section 5,
Township 45, Range 43; -
24..thence N.00°29'51"VV, along said southerly extension and west boundary a distance of 190 feet to a
point on the east-west quarter section line of said Section 5;
25..thence easterly along said east-west quarter line of said Section 5 and continuing along the east-west
quarter line of Section 4 in said Township 46 South, to a point of intersection with the west right-of-way line
of Seacrest Boulevaro;
26..thence N.89°41'21'E, continuing along the south line of the northwest quarter (NWl/4) of Section 4, said
south line being parallel to and 50 feet south of the north fight-of-way line of Gulf Stream Boulevard (SE 36
Ave.), a distance of 2008.75 feet, to a point at the intersection with the east right-of-way line of the Ftodda'
East Coast Railroad;
27..thence S.08°14'33"W along said east right-of-way line a distance of 217.56 feet to a point at the
intersection with the westerly extension of the south line of LOT 20 DELPAY BEACH ESTATES as recorded
in Palm Beach County Records in Plat Book 21 page 13;
28..thence S.72°45'15"E along said westerly extension and along the south line of said LOT 20, and along
its easterly extension a distance of 680.21 feat to a point at the intersection with the east right-of-way line of
Federal Highway (U.S. 1);
29..thence N. 17°14'45"E along said east fight-of-way line of Federal Highway, to a point located 50 feet
south of the southwest comer of KINGS SUBDIVISION as recorded in Palm Beach County Public Records
in Prat Book 20, page 47;
30.2hence easterly a distance of 390 feet to a point on the wast line of the TPAEDEWIND ESTATES 1ST
ADDITION as recorded in Palm Beach County Public Records Plat Book 22 page 44;
31..thence northerly along said west line of the TRADEWIND ESTATES 1 ST ADDITION a distance of 50
feet to a point;
32..thence westerly along the south line of the aforementioned KINGS SUBDIVISION to a point of
intersection with the east fight-of-way line of U.S. Federal Highway;,
33..thence northerly along said east fight-of-way line of U.S. Federal Highway to the southwest comer of
LOT 9 of the KINGS SUBDIVISION;
34..thence easterly along said south tine of LOT 9 to the southeast comer thereof;,
35..thence northerly to the northeast comer thereof;,
36..thence weatady to the northwest comer of said LOT 9 on the east right-of-way line of U.S. Federal
Highway;,
37..thence horsefly along said east fight-of-way line to a point of intersection with the north right-of-way line
of Bambou Lane;
38..thence S.76°19'17'E a distance of 133 feat along said north line of Bamboo Lane to a point on the west
fight-of-way line of the south extension of Virginia Gardens Road;
39..thence N.11°lB'14'E along the west fight-of-way line of said Virginia Gardens Road a distance of 13.98
feet to a point that is 308.76 feet south of said north line of Section 4, as measured perpendicular to said
north line;
40..thence N.89°lg'48"E along a line parallel to said north line of Section 4, and north right-of-way line of
Bamboo Lane, a distance of 249.5 feet to a point 300 feet west of, as measured along said pa__rallel line, the
westerly fight-of-way line of the Intracoastal Waterway;
41 ..thence N.05°26'45"E along a line parallel to said wastedy right-of-way, a distance of 94.5 feet to a point
on the south fight-of-way line of a finger canal;
42..thence N.89°19'48"E along a line pamtlel to said north line of Section 4, being the south right-of-way line
of said finger canal, a distance of 450 feat to a point on the center line of the intracoastal Waterway;,
43..thence N.07°36'00"E along said center line, a distance of 1571 feet to the intersection with the westedy
extension of the south line of LOT 16 BENSON BROTHERS SUBDIVISION, as recorded in said Pal;n Beach
County Public Records in Plat Book 5 page 27;
· Page 4 of 9
66..thence N.01°I2'26",N along said east right-of-way line, a distance of 755 feet to a point that is 3296.96
feet norm of the south line of Section 9, said Township 45 South, said point also being at the intersection
with the easterly extension of the north line of PARCEL E,, CEDAR RIDGE, A P.U.D. & HIGH RIDGE
COMMERCE PARK, A P,I.D. as recorded in said Public Records Plat Book 46 page 59;
67..thence S.88°45'58"W along said easterly extension, and along said north line of PARCEL B, a distance
of 439.82 feet to the northwest comer of said PARCEL B;
68..thence S.00°05'28. _"W along the wast line of'ia d PARCEL B, a distance of 988.39 feet to a point on the
north line of the south half (S1/2) of the north half (N1/2) of the northwest quarter (NWl/4) of the southwest
(~uarter (SW1/4) of said Section 9;
69..thence S.88°45'14"W along said north line, a distance of 1331.29 feet to a point on the east right-of-way
line of High Ridge Road;
70..thence S.01 °50'13"W along said east right-of-way line, a distance of 329.89 feet to the south line of said
south half (S1/2) of the north half (N1/2] of the northwest quarter (NWl/4) of the southwest quarter (SW1/4)
of said Section 9;
71..thence N.88°45'14"E along said south line, a distance of 109.9 feet to the intersection with the northerly
extension of the west line of LOT 9, of said CEDAR RIDGE, A P.U.D. & HIGH RIDGE COMMERCE PARK,
A P.I.D.;
72..thence south, along said northerly extension and along said west line of LOT 9, a distance of 159.82 feet
to the southwest comer of said LOT 9;
73..thence S.88°45'14"W along the north line of LOT 8 said CEDAR RIDGE P.U.D. and its westerly
extansio~, a distance of 159.9 feat to a point on the west fight-of-way line of said High ridge Road;
74..thence S.01°50'30"W along said west fight-of-way line of High Ridge Road, a distance of 1759.51 feet to
a point 60 feat north of the south line of Section 8, said Township 48 Range 43;
75..thence S.88°07'09"W along a line parallel to and 60 feet north of the south line of said Section 8, a
distance of 475.67 feat to the intersection of the southerly extension of the west line of LOT 36, HIGH
RIDGE SUBDIVISION as recorded in said Public Records in Plat Book 22 page 6;
76..thence N.01°09'26"E along said southerly extension of LOT 36 and the west lines of LOTS 36, 35, and
part of LOT 34, said HIGH RIDGE SUBDIVISION, a distance of 1529.81 feet to a point on the west line of
said LOT 34, being 99.94 feet north of the southwest comer there*3f;
77..thence N.05°01'58"E along the west line of said HIGH RIDGE SUBDIVISION and its northerly extension,
to the southwest comer of LOT 8 of said HIGH RIDGE SUBDIVISION;
78..!h.en..ce .eastefl. y along the south line of said LOT 8 and its easterly extension thereof to a point on the
east fight-oT.way ne of High Ridge Road;
79..thenCe northerly along the east fight-of-way line of High Ridge Road to a point of intersection with the
eestafly extension of the north line of LOT 7 of the HIGH RIDGE SUBDIVISION;
80..thence westerly along the said north line of LOT 7 to the northwest comer thereof, said point located on
~ne of HIGH RIDGE SUBDIVISION;
81..thence northerly along said west line and its northerly extension to a point of intersection with the north
right-of-way of Hypoluxo Road;
82..thence Westerly along said north right-of-way line and a curve to the left whose chord bears
S.87°48'49"W with a radius of 5781.58 feat and a central angle of 1°51'01 ' an arc distance of ~ 86.72 feet to
a point of tangent on said north right-of-way line of Hypoluxo Road;
83..thence S.86°53'18"W continuing along said nor~ dght-ofweay line a distance of 358.87 feet to a point of
curve;
84..thence continuing along said north dght.-of-way line on a curve to the right whose radius is 5677.58 feet
and whose central angte ia 1°4Z30-, an arc distance of 169,28 feet to a point of tangent;,
85..thence S.88°35'48"W continuing along said north right-of-way I!ne a distance of 239.67 fe~_t to a point of
curve;
86..thence continuing along said north fight-of-way line on a curve to the figl~t whose radius is 5677.58 feet
and whose central angle is 2°34'12", an arc distance of 287,70 feet to a point of tangent;,
87..thence continuing along said north fight.of-way line a distance of 3324.71 feet to a point of intersection
with the center line of Congress Avenue;,
88..thence S.88°25'09"W continuing along the north fight-of-way line of said Hypoluxo Road. to a point of
intersectibn with the west right-of-way line of Lawrence Road;
Page 6 o£9
114..thence westerly to the northwest comer of NAUTICA PLAT 2 as recorded in Palm Beach County Public
Records in Plat Book 74 page 33;
115..thence southerly to the southwest comer of the southeast quarter (SW 1/4)of the Section 13, Township
45 Range 42;
116..thence easterly along the south line of said Section 13 to the point of intersection with the southerly
extension of the west line of PINE GROVE VILLAGE. an unrecorded plat on Assessor Map 7, in Section 13;
117..thence northerly to the northwest Comer of PARRY TRAILER V LLAGE. an unrecorded plat on
Assessor Map 37, in Sectibn 13;
118..thence westerly along the north line of said PARRY TRAILER VILLAGE to a point of intersection with
the east right-of-way line of Lawrence Road;
119..thence northerly along said east right-of-way line to a point of intersection with the easterly extension of
the south line of SAUSALITO PLACE as recorded in Palm Beach County Public Records in Plat Book 76
page 47;
120..thence westerly along said south line of SAUSALITO PLACE id the southeast comer of LOT 88
thereof;,
121..thence northerly to the southwest COmer of LOT 110 thereof;
122..thence easterly along the south line of said LOT 110 and its easterly extension to the point of
intersection with the east dght..of-way line of Lawrence Road;
123..thence northerly along said east right-of-way line to a point of intersection with the south line of
LAWRENCE LAKE as recorded in Palm Beach County Public Records in Plat Book 64 page 106;
124..thence N.87°53'I3"E along said south line, distance of 677.02 feat to a point on said south Pine;
125..thance N.OI°53'33"E continuing along said south boundary line a distance of 1.37 feet to a point;
126..thence N.87'55'0'E continuing along said south boundary line a distance of 769.17 feet to the
southeast comer thereof;
127..thence N.01°43'31'E along the east boundary of said LAWRENCE LAKE subdivision a distance of
496.09 feat to the northeast comer thereof and a point on the east-west one quarter line of Section 18,
Township 45 South, Range 43 East;
128..thence S.87°55'04"W along said east-weet one quarter line a distance of 138.76 feet to the southeast
comer of a parcel described as the south one-half (S.1/2) of the southwest quarter (S.W.1/4) of the
northwest quarter (N.W.1/4) of said Section 18, Township 45 South, Range 43 East;
129..thence N.OI °47"O8"E along the east line of said property a distance of 662.78 feet to the northeast
comer thereof;,
130..thance N.87°57'47"E along the eastedy extension of the north line of said property a distance of 636.02
feet to a point on the southerly extension of the east line of the PLAT OF CITRUS TRAIL P,U.D. as recorded
in said Qfficiai Palm Beach County Records in Plat Book 60 Pages 128, 129 and 130;
131 ..thence N.01*33'30"E along said southerly extension and along said east line of the PLAT OF CITRUS
TRAIL P.U.D, a distance of 1322.7 feet to a point and the southeast comer of TRACT J of said PLAT OF
CITRUS TRAIL P.U.D.;
132..thence N.88°03'13'E a distance of 629.73 feet to a point on the north-south one quarter line of said
Section 18;
133..thence S.01°19'I1'W along said north-south quarter line, a distance of 1984.41 feat to the center point of
said Section 18;
134..thence N.87°55'01-E along the east-wast quarter line of said Section 18, a distance of 1193.46 feet to a
point of intersection with a line that ts parallel to and 1350.00 feet west (as measured at right angles) to the
east line of the southeast querter (SE1/4) of said Section 18, said line being on the east line of the SAND
AND SEA VILLAGE MOBILE HOMES;
135..thence S.01"44'2t",,N along said parallel line to a point at the intersection wi~ the norlfl right-of-way
line of Gateway Boulevard; --
136..thence westerly along said north right-of-way line to a point located 2155 feet from the east line of
Section 18, Township 46, Range 43;
137..thence southerly at right angle to a point located on the south right-of-way line of Gateway Bouievar(J;
138..thence easterly along said south right-of-way line to a point of intersection with the east line of the
SAND AND SEA VILLAGE MOBILE HOMES;
139..thence southedy along said east line of the SAND AND SEA VILLAGE MOBILE HOMES ant its
southedy extension through Section 19, Township 45, Range 43, to a point of intersection with the south
right-of-way line of Boynton Canal C-16;
Page ,5 of 9
164..thence N.88°48'35"E along the south line of the PLAT OF CRANBROOK LAKE ESTATES to the comer
thereof, also being a point on the west fight-of-way line of Congress Avenue;
165..thence south along said west right-of-way of Congress Avenue, a distance of 665.75 feet to a point on
the north line of Section 6, Township 46 South, Range 43 East;
166..thence S.88°00'55~/V along said north line of Seetion 6, a distance of 5357.63 feet to the northwest
comer thereof;
167..thence N.89°30'57*W along the north line ~f Section 1, Township 46 South, Range 42 East, a distance
of 2712.48 feat to a potht-at the intersection'with the northerly extension of the west line of TRACT E
SUMMIT PLAT NO. 1 as recorded in said Public Records in Plat Book 36 pages 48 through 51;
168..thence S.00°41'47"E along said northerly extension and along the west line of said SUMMIT PLAT
NO.1, a distance of 4742.43 feet to a point at the intersection with the westerly extension of the south line of
TRACT C of said SUMMIT PLAT NO. 1;
169..thence S.88°22'10'E along said westerly extension and south line, a distance of 337.84 feet to the
southeast comer of said TRACT C;
170..thence S.00°40'40"E along the west line of TRACT 18 of said SUMMIT PLAT NO.1 and its southerly
extension, a distance of 678.36 feet to a point on the south line of said Section 1;
171..thence S.88°12'18"E along the south line of said Section 1, a distance of 2361.63 feet to the southeast
comer of said Section 1;
172..thance N.89°24'00-E along the south line of said Section 6 a distance of 5359.87 feet to the southeast
comer thereof and the POINT OF BEGINNING.
Containing 16.36 square miles (10473.82 acres)
Less and excluding the following nine (9) parcels of land (A through I):
A....=. An 8L66 acre parcel of land in said Section 4, Township 46 South, Range 43 East more particularly
described as being bounded on the west by the east line of GRAYSON HEIGHT subdivision as recorded in
said Public Records in Plat Book 23, page 220, bounded on the north by the south line of REPLAT OF A
PORTION OF GULF STREAM ESTATES PLAT NO. 2 subdivision as recorded in said Public Records in
Plat BoOk 32, page 114, bounded on the east by the west right.of-way line of the Florida East Coast
Railroad, and bounded on the south by the north right-of-way line of Gulf Stream Boulevard.
B.._~ An 11.04 acre parcel of land in said Section 4 being more particularly described as all of LOTS 40, 43,
44 46, 52, 53, 56, 57, and that portion of LOTS 54 and 55 less the west 231 feat, ancl TRACT A (labeled
'not included'}, all in the AMENDED PLAT TRADE WINDS ESTATES as recorded in Palm Beach County
Public Records in Plat Book 21 page 73; less the westerly 150 feet of the easterly 167.83 feat of the
southerly 200 feat of said TRACT A as measured parallel with the south and east lines of said TRACT A.
C.. A 13~46 acre parcel of land in said Section 4 being more particularly described as all of LOTS 36, 36A
59, 66, 67, 68, and LOTS 70 through 76, and LOTS 78 through 112, all in said AMENDED PLAT TRADE
WINOS ESTATES as recorded in said Public Records in Plat Book 21 page 73, including all private rights-of-
way therein.
D.. A 27.93 acre rectangular parcel of land in Section 17, Township 45 South, Range 43 East more
perticuta~'ly described as being bounded on the north by the south right-of-way line of Miner Road, bounded
on the east by a line parallel to and located 413.43 feet to the east section line, bounded on the south by the
south line of northeast quarter (NE1/4) of the northeast quarter (NE1/4) of said Section 17, and bounded on
the west iby the west line of said northeast quarter (NEll4) of the northeast quarter (NE1/4) of Section 17,
E.. A 16 acre triangular parcel of and in Section 8, Township 46 South, Range 43 East, being more
particularly d_escrtbed as being bounded on the east by the east right-of-way line of the Lake Worth Drainage
Dis~ct E~-4 ~;anal, bounded on the west by the wast line of the northeast quarter (NE1/4) of said Section 8,
· ~, and bourlded on the north by the north section line.
GSG
Government Services Group, Inc.
D~d~c~ie~l;tO solving funding and service delivery issues in the public sector
315 So. Calhoun. Suite 860 · TalIahassee. FL 32301 · Phone (850) 881-3717 · Fax (850) 224-7206. Email: gsg ~ govserv.corn
December 15, 2000
VIA FEDERAL EXPRESS
EXHIBIT III
Diane Reese
Finance Director
100 E. Boynton Beach Blvd.
City of Boynton Beach
Boynton Beach, FL 33425
Re: Workplan for Development and Implementation of a Non-Ad Valorem
Assessment Program for Fire Rescue Services
Dea? Diane:
We ~Jnderstand that the City is interested in exploring the funding of fire rescue services
through a special assessment program imposed in the incorporated area of the City.
Accordingly, this correspondence is written to present a proposed scope of services for
Government Services Group, nc. ("GSG") and Nabors, Giblin & Nickerson, P.A.
("NG&N") to provide specialized assistance to City of Boynton Beach (the "City") and its
staff in the development and implementation of a special assessment program for fire
rescue services within the incorporated area of the City.
The, objective of this project is to develop non-ad valorem special assessments based
on public policy established by the City within the constraints, of readily available data
and legal precedent. To fulfill this objective, we will accomplish the following tasks:
(1) Provide specialized services that assist the City in developing a legally defensible
method of apportioning the assessment;
(2) Provide the implementation documents for imposing and collecting the special
assessment; and
(3) Provide an assessment roi that collects the annual assessments; th~ roll will be
capable of being efficiently updated in subsequent years.
Diane Reese -
December 15, 2000
Page 2
This proposed workplan is designed to provide the following deliverables during this
project:
· An Assessment_ Report which includes (a) the assessment cost calculations, (b) the
description of the apportionment methodology, and (c) an implementation schedule;
· A home rule assessment ordinance and all implementing resolutions for the annual
assessment program;
· The statutorily required notice and billing documentation that is required for using
the tax bill collection method for the annual assessment program;
· Billing algorithms necessary to calculate the fire rescue assessments pursuant to
the proposed methodology;
· The final fire rescue assessment rates; and
· An assessment roll in an electronic format that will merge with the City's real
property tax roll in conformity with the requirements of the uniform method of
collection for Fiscal Year 2001-02.
Attached as Appendix A is the work plan under which the firms will assist the City in
implementing the assessment program. The scope of services is based on the
assumption that the City will be an active participant and provide the necessary budget
information and fire call data required to develop the assessment methodology.
The firms will work under a lump sum professional fee arrangement as described in the
attached scope of services and will expect payment on a monthly basis pursuant to the
schedule in Appendix B. Appendix B also provides a list of project deliverables,
delivery schedule and payment schedule. Upon receiving notice to proceed, we will
provide a detailed critical events calendar and a schedule for project deliverables that is
tailored to the City. Appendix C is an hours and fees matrix that illustrates the work
effort for each task.
The professional fees required to assist the City in developing and implementing the
contemplated assessment programs do not include litigation defense services.
However, we do all of our work with an eye on potential legal challenges in an attempt
to maximize both the efficiency and the effectiveness of bny defense. In the event
there is a challenge, we would be available, on an hourly basis, to assist the City in its
defense.
Diane Reese
December 15, 2000
Page 3
We look forward to working with City of Boynton Beach on this very important project. If
you or any other City officials have any questions, please feel free to telephone either
Virginia Delegal, with Nabors, Giblin &.Nickerson at (850) 224-4070, or me.
- Sincerely,
Camille S. Gianatasio
CSG/kdh
Enclosures
cc: Virginia S. Delegal
Dale Sugerman
APPENDIX A
PROPOSED ASSESSMENT PROGRAM FOR
FIRE RESCUE SERVICES
APPENDIX A
CITY OF BOYNTON BEACH
-- ' PROPOSED ASSESSMENT PROGRAM FOR
FIRE RESCUE SERVICES
Scope of Services
Ta~
Ta~
~k 1: Evaluate Reports and Research Issues
Evaluate the City's existing legal documents, ad valorem tax roll information, fire
call data, agreements, reports and other data pertaining to the provision of fire
rescue services.
~k 2: Identify Full Costs of Service
Evaluate the full cost of the fire rescue service delivery using the City's most
current financial information and identify service delivery issues, which may
affect the apportionment methodology. Determine the net service delivery
revenue requirements.
Tal'k 3: Develop a Method of Apportioning the Costs
Using the current ad valorem tax roll and fire incident data, develop a method of
apportionment. Review the assessment methodology for legal sufficiency and
compatibility with the tax bill method of collection.
ma~
ma
~k 4: Determine Preliminary Revenue Requirements
Advise the City in determining the total fire rescue services assessment revenue
requirements to ensure that the City recovers the costs of: (a) net fire rescue
service delivery revenue requirements, (b) implementing the program, and (c)
collecting the assessments.
~k 5: Develop Assessment Roll Database
Using the current ad valorem tax roll, create an assessment roll database. Test
the sufficiency of the database by developing reports to access property
information.
A-1
Task 6: ApplY Apportionment Methodology to Database
Task
Using the Current ad valorem tax roll, apply the proposed apportionment
methodology to the assessment roll database to test the data validity and legal
sufficiency. Revise the apportionment methodology, as necessary.
7: Calculate a Preliminary Proforma Schedule of Rates
Using the current ad valorem tax roll, calculate a proforma schedule of rates
based on the apportionment methodology and revenue requirements for the
assessment program.
Task 8: Draft a Home Rule Fire ReScue Assessment Ordinance
Draft a home rule fire rescue assessment ordinance, which provides the City
with the flexibility to impose and collect fire rescue assessments using the tax bill
collection method.
Task 9: Draft Initial Assessment Resolution
Draft an initial assessment resolution that conforms to the assessment ordinance
and that implements the City's policy decisions and proposed methodology.
Task 10: Draft Final Assessment Resolution
Draft a final assessment resolution that conforms to the assessment ordinance
and adopts final assessment rates.
Task 11: Assist with Rate Adoption Process in Conformance with the Uniform
Assessment Collection Act
Advise and assist with fulfilling the legal requirements for the adoption of the final
assessment rate resolution and certification of the assessment roll in accordance
with section 197,3632, Florida Statutes including: (a) the development of the
first class notice and its distribution, (b) coordination of the TRIM notice process
with the Palm Beach County Property Appraiser (c) publication of the public
hearing, (d) attendance at the public hearing, and (e) the certification of the
assessment roll to the Palm Beach County Tax Collector.
A-2
Fee and Costs
For the services described in this Appendix A and provided by GSG and NG&N, the
lump sum fee will be $81,950. Payment will be 1/10 of the lump sum fee each month
beginning February 2001, assuming that notice to proceed is received in January 2001.
If notice to proceed occurs after January 2001, payment will be pro-rated on the basis
of the anticipated number of months included in the project.
Special Note:
The lump sum fee does not include the costs of producing and mailing
~he statutorily required first class notices for FY 2001-02. These costs
depend on the number of assessable parcels of property within the
City. However, mailing and production costs are 80-cents per parcel,
with the amount due and payable at the time of the adoption of the
i;nitial assessment resolution.
n addition to one on-site visit by GSG to conduct field work, the lump sum fee for
professional services for each assessment program includes a total of three on-site
visits to the City by GSG and/or NG&N staff. While the purpose of these trips is
negotiable, the intent of these meetings is to (1) participate in individual briefing
sessions with City elected officials and staff, (2) present the Assessment Ordinance and
the, Initial Assessment Resolution and (3) assist in the final rate adoption process.
Meetings in excess of these three meetings may be arranged at our standard hourly
rates. Expenses related to additional meetings will be billed in conformance with
section 112.061, Florida Statutes.
In lieu of on-site visits by GSG and NG&N, both firms are available to participate in
periodic, scheduled telephone conference calls to discuss project status.
An nual Updates
Oni a recurring basis, the firms are also available to assist the City in the annual update
of lhe City's assessment program for a fee to be determined upon completion of this
project. Such annual update assistance would include: assisting in the revisions to the
assessment roll to correlate with changes to the ad valorem tax roll, facilitating the
public notice requirements of the tax bill collection method including notic~ to property
owpers with property use changes, assistance with any transitional or interim
assessments for omitted properties, and revising the apportionment methodology, as
needed.
In recognition that GSG and NG&N are organizations dedicated to providing specialized
I.
assistance to local governments in developing innovative and efficient solutions to
public sector issues, the firms are, on an hourly or negotiated fee basis, also available
to provide additional services to the City on finance, revenue or other local
governmental matters. Such services may be provided under a written change order,
extension to this scope of services, or by separate agreement mutually acceptable to
the parties. .~.
A-.4
APPENDIX B
DELIVERABLES AND PAYMENT SCHEDULES
APPENDIX B
FIRE RESCUE ASSESSMENT PROGRAM
DELIVERABLES AND PAYMENT SCHEDULES
Deliverable
Notice to Proceed by the City
Assessment Report
Proforma Assessment Rates
Adopt Assessment Ordinance
Initial Assessment Resolution
First Class Notices
Published Notice
Final Assessment Resolution
Final Assessment Rates
Certified Assessment Roll
Schedule
January 2001
April 2001
April 2001
June - July 2001
June - July 2001
June - August 2001
June- August 2001
July - August 2001
July - August 2001
by September 15, 2001
Payment will be 1/10 of the lump sum fee each month beginning February 2001,
assuming notice to proceed occurs in January 2001. Payment will be pro-rated on the
basis of the anticipated number of months included in the project if notice to proceed is
received after January 2001.
APPENDIX C
HOURS AND FEES MATRIX
APPENDIX C
CIT~ OF BOYNTON BEACH
ASSESSMENT PROGRAM
HOURS/FEE MATRIX
Tasks Total Hours I Total Fees
FIRE RESCUE ASSESSMENT PROGRAM
Task I - Evaluate data/reports; research issues
GSG ;5 '~ 32 $ 4,000.00
NG&N .. : 23" 8 $ 1,200.00
Task Total 40 $ 5,200.00
Task 2. Identify full cost of service; functionalize costs
GSG 40 $ 5,000.00
NG&N 81 $ · 1,200.00
Task Total 48 $ 6,200.00
Task 3 - Develop apportionment method/data approach =~:~ ............................. :~:~=:~:~:~'::~':'=~'='.~:=~=~;~ .............................. ....... ~ ~ ~ ................ ·~:~ .........
GSG 40 $ 5,000.00
NG&N 32 $ 4,600.00
Task Total 72 $ 9,800.00
Task 4. Determine preliminary revenue requirements
GSG 32 $ 4,000.00
NG&N 8 $ 1,200.00
Task Total 40 $ 5,200.00
Task $ - Develop assessment roll database
GSG 80 i $ 10,000.00
NG&N 8 $ 1,200.00
Task Total 88 $ 11,200.00
Task 6 - Apply apportionment methodology to database
GSG 32 $ 4,000~00
NG&N 16 $ 2,400.00
Task Total 48 $ 6,400.00
Task 7 - Calculate preliminary proforma assessment rates ~ =~=~ ~=~=~= = ~' ~ ................................ ~ ......................
GSG 40 $ 5,000.00
NG&N 8 $ 1,200.00
Task Total 48 $ 6,200.00
Task 8 - Draft and edit assessment ordinance
GSG 8 $ 1,000.00
NG&N 40 $ 6,000.00
Task Total 48 $ 7,000.00
C-1
APPENDIX C
CiTY OF BOYNTON BEACH
ASSESSMENT PROGRAM
HouRS/FEE MATRJX
(con~)
~IREiRESCUE ASSESSMENT PROGRAM
GSG 16 $ 2,000.00
NG&N 32 $ 4,800.00
Task Total 48 $ 6,800.00
GSG: 12 $ 1,500.00
NG&N 24 $ 3,600.00
Task 'rotal $ 5,100.00
GSG! 24 . $ 3,000.00
NG&N 16! $ 2,400.00
Task ~otal 40 I $ 5,400.00
GSG TOTAL 356; $ 44,500.00
NG&N TOTAL 200 i $ 30,000.00
C-2
_ . EXHIBIT IV
NOTICE OF INTENT TO USE UNIFORM METHOD FOR THE
COLLECTION OF A NON-AD VALOREM TAX ASSESSMEN~ "
The City of Boynron Beach, Florida. hereby provides notice, pursuant to Section
197.3632(3){a:), Florida Statues. of its intent to use the uniform method of collecting non-
ad valorem special assessments to be levied upon property within the municipal
boundaries of the City of Boynton Beach. for funding the cost of providing Fire Rescue
Services within the City, commencing with the fiscal year beginning on October t. 2001.
The City Commission will consider the adoption of a resolution stating its intent to use
the uniform method of collecting such assessments authorized by Section 197.3632.
Florida Statutes. at a public heating to be held at 6:00 P.M. on December 19, 2000, in the
Commission Chambers of City Hall. located at 100 East Boynton Beach Boulevard,
Boynton Beach, Florida 33435. Such resolution will state the need for the levy and will
contain a legal description of the boundaries of the real property subject to the levy. All
interested persons are invited to attend. Anyone wishing to appeal any decision made by
the City Commission, with respect to this matter, will need a record of the proceeding
and for such purpose may need to ensure that a verbatim record of the proceeding is
made, which record includes the testimony and evidence upon which the appeal is to be
based {FS 286.0105). Anyone needing auxiliary servmes, please contact City Clerk at
least five (5) days prior to the meeting (56 Fed. Reg 35721, Sec. 35.160(b)).
PUBLISH: PALM BEACH POST
NOVEMBER 21 & 28, 2000
and
DECEMBER 5 & 12 , 2000
EXttJBI£ VI
PARTIV
PART V
5.05
BONDS AND INSURANCE
4.0t PERFORMANCE BOND/IRREVOCABLE LETTER OF CREDIT: If a performance bond or irrevocable letter of credit is required in
Special Conditions. the Contractor shall within fifteen (15) working days after notification of award, furnish to the City a
Performance Bond or an Unconditional Irrevocable Letter of Credit payable to the City of Fort Lauderdale, Florida, in the face
amount sl~ecified in Special Conditions as surety for faithful performance under the terms and conditions of the contract. If the
bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the City thirty (30) days prior to
the termination date of the existing Performance Bond. The Performance Bond must be executed by a surety company of
recognized standing, authorized t~ do business in the State of Florida and having a resident agent. If a Letter of Credit is
chosen, it must be in a form acceptable to the City, drawn on a local (Broward, Dade or Palm Beach Counties) bank acceptable
to the City and issued in favor of the City of Fort Lauderdale, Florida. If a Bidder wishes to use e non-local bank. he must have
prior City approval of J~he~requirementa to draw against the Letter of Credit.
Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond or Irrevocable
Letter of Credit is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the
liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor.
4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of ITB award, the
Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in
Special Conditions.
The Contractor shall provide to the Purchasing Division original certificates of coverage and receive notification of approval of
those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractors insurance
is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED and shall
have no less than thirty (30) days written notice of cancellation or material change. Further modification of the insurance
requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of
the City is not presented. Bidder. by submitting his bid, agrees to abide by such modifications.
PURCHASE ORDER AND CONTRACT TERMS:
5.0'1 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIES/PENALTIES: Items offered may be tsetse for compliance to bid
specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's
expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications, or late
delivery may also result in:
Bidder's name Using removed from the City's bidder's mailing list for a specified period and Bidder will not be
recommended for any award during that period.
All City Departments being advised to refrain from doing business with the Bidder.
All other remedies in law or equity.
5.02 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of
the Seller until a physical inspection is made and the material accepted to the satisfaction of the City. The material must
comply fully with the terms of the ITB, be of the required quality, new. and the latest model. All containers shall be suitable for
storage and shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept
substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense.
Payment will be made only after City receipt and acceptance of materials or services.
5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable raquiramenta of the
Occupational Safety and Health Act of t970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic
substance listed in Section 38F-4'1.03 of the Florida Administrative Code delivered as a result of this order must be
accompanied by a completed Material Safety Data Sheet (MSDS).
5.04 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if
awarded any portion of the ITB he will supply only material or equipment that is `100% asbestos free.
OTHER GOVERNMENTAL ENTnlES: If the Bidder is awarded a contract as a result of this IrB, he will, if he has sufficient
capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in
accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. delivered to the requesting
agency.
$.06
VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated or executed by the Contractor
as a result of any discussions with any City employee. Only those communications which are in writing from an authorized
City representative may be considered. Only written communications from Contractors, which are assigned by a person
designated as authorized to bind the Contractor, will be recognized by the City as duly authoHeed expressions on behalf of
Contractors.
INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services
provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor, and not as
officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee
benefits, purchasing policies unless otherwise stated in this ITB, and other similar administrative procedures applicable to
services rendered under this contract shall be those of the Contractor.
5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: The Contractor agrees to protect, defend, indemnify, and hold harmless the City
of Fort Lauderdale and [ts officers, employees and agents from and against any and all losses, penalties, damages,
settlements, claims, costs, charges for other expanses, or I!abilitiee of every and any kind including attorney fees, in
connection with or arising directly or indirectly out of the work agreed to or performed by Contractor under the terms of any
agreement that may arise due to the bidding process. Without limiting the foregoing, any and all such claims, suits, or other
actions relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged violations
Fe~Assesment Consultant2.0. fSa. doc, 8152, Page t7 of 22,
City of Boynton Beach
Cily Boundary
Roads
Water
30o0 0 3000 6o0o Feet
Source: Palm Beach Courtly GIS Dfgital' Data '2000
Dale: December 8. 2000
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
Dec~nber 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission - Date Final Form Must be Turned
Meet~ Dates in to City Clerk's Office
[] Noveraber 21, 2000
[] December 5, 2000
[] December 19, 2000
[] January 2, 2001
Reques~l City Commission
Meetin~ Dates
] Januavj 16,2001
[] February 6, 2001
[] Febmary 20, 2001
[] March 6, 2001
V-CONSENT AGENDA
ITEM C.8
Date Final Form Must be Turned in
to City Clerk's Office
Janua~ 3,2001 (5:00 p.m.)
Janua~ 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.rm)
February 2 I, 2001 (5:00 p.m.) '
NATURE OF
AGENDA ri'EM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfmished Business
[] Announcement [] Presentation
RECO~IMENDATION: Motion to adopt the attached resolution authorizing the City Manager to submit an
application for a Public Library Construction Grant.
EXPLANATION: The Dept. of State, Division of Library and Information Services, provides state funds (current
n~x~mum ~s $500,000) to governments for construction of public libraries. Funds are awarded on a dollar for dollar
matehlof the grant amount to selected governments after evaluation of applications postmarked on or before April 1.
This resolution contains the following elements required in order to apply for the grant: a) authorization to submit
application, b) assurance that the required match ($500,0~) will be available and unencumbered at the time of the
grant 8ward (which will be July 2002); c) assurance that additional funding will be available in order to complete
the project within a reasonable time (the construction project must be under coutraot within 540 days from the date
of the grant award); d) assuranen that upon completion, sufficient funds will be available to operate the library; e)
assurahce that the building will be used exclusively for public library purposes for 20 years; f) assurance that the city
has legal title to and unconditional use of the property.
PROGRAM IMPACT: g. ~x2musion of the library is part of the City's Capital Improvements Program. It ranked No~
2 in t~e evaluation of requested projects. The current library is moxed out in space and needs expansion in order to
continhe to meet the growing library service needs ofoor community. The Library B~rd, at its January meeting,
recom~uended that the Commi~ion approve the submittal of the grant applieation~
FL~CAL UVIPACT: This grant will provide additional resources (~500,000) to bring this project to completion within
the CI~ timetable of 2004-0~. The city wonld need to have its match of $~00,000 by July, 2002. Eligible matching
funds include cash, governmental appropriation, negotiable and non-uegotiable securities, bonds sold or validated,
funds ~d for advance plans, estimates, and the current appraised fair market value of the currently owned site for
the exp~anded portion of the building.
I ' with tawardmJui of 2003 This wouid extend the
ALTERNATIVES: 1) Do not apply until next April (2002), ' gran ' y · '
..t~eli~e one additional year with projected completion approximately 2005 -06. 2) Do not apply and proceed at any
time without the state funds or requirements.
S:~BULLETI~FORMSXAGENDA ITEM KEQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Department Head's Signature
V/rgmia K. Farace
Library
Department Name
City Manager's Signature
Kurt Bressner
citY Attof~ie~y / Finance / Human Resources
S:XBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. 01-
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA AUTHORIZING THE CITY
MANAGER TO SUBMIT AN APPLICATION
FOR PUBLIC LIBRARY CONSTRUCTION
GRANT FUNDS FOR DESIGN AND
CONSTRUCTION OF THE RENOVATION AND
EXPANSION OF THE BOYNTON BEACH CITY
LIBRARY; ASSURING THAT THE CITY WILL
PROVIDE A DOLLAR-FOR-DOLLAR MATCH
OF THE GRANT AMOUNT RECEIVED;
AGREEING THAT THE CITY WILL PROVIDE
REASONABLE NECESSARY FUNDING FOR
COMPLETION AND FOR OPERATION OF THE
LIBRARY FACILiTY; ASSURING USE OF THE
LIBRARY FACILITY EXCLUSIVELY FOR
PUBLIC LIBRARY PURPOSES FOR A
SPECIFIED PERIOD; PROVIDING FOR
PROPOSED CHANGES IN THE USE OF THE
LIBRARY FACILITY TO BE SUBMITTED TO
THE FLORIDA DIVISION OF LIBRARY AND
INFORMATION SERVICES; ASSURING
OWNERSHIP OF THE LIBRARY SITE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach has approved
the expansion and renovation of the Boynton Beach City Library as a project within the
City's Capital Improvements Program; and
WI-IEREAS, this project is eligible to receive matching grant funds up to
$500,000 from the Public Library Construction Grants funded though state funds and the
Federal Library Sendces and Construction Act (LSCA) administered by the State of
Florida Division of Library and Information Services; and
WHEREAS, the library grant application requires a ResolutiOn from the City
:ommission as governing body of the City of Boynton Beach, assuring a local match of
ollar-for-dollar of the grant amount.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
Sectilan One: That the City Manager or his designee is hereby authorized to sign
and submit the grant application for this project.
Section Two: That the City of Boymon Beach assures a dollar-for-dollar match
for the amount of the grant awarded, and that such funds will be available and
unencumbered at the time of the grant award.
Section Three: That the City of Boynton Beach agrees to provide such additional
funding that may be reasonably necessary and sufficient to complete the city approved
project which will result in a renovated and expanded library facility as appmve, d by the
city, and that reasonably sufficient funds shall be available upon completion of the
project to operate such library facility.
Section Four: That the City of Boynton Beach assures that such library facility
will be used exclusively for public library purposes for a period of not less than twenty
(20) years from date of the completion of the construction project, and that should any
change in the use of such library facility occur within that time, such proposed change in
used shall be submitted for approval to the Division of Library and Information Services.
Section Five: That the City of Boynton Beach assures it has legal title to and
unconditional use of the property and building.
Section Six. This Resolution shall become effective immediately upon passage.
ATTEST:
PASSED AND ADOPTED this __ day of February, 2001.
CITY OF BOYNTON BEACH, FLOKIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
Requested City Commission
M¢~in~ Dates
November21. 2000
[] December 5. 2000
[] December 19. 2000
[] January 2. 2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
November 9. 2000 5:00 p.m.)
November 22_ 2000 rS:00 p.m.)
December& 2000 (5:00 p.m.)
December 20. 2000 (5:00 p.m.)
Requested City Commission
Meetina Dates
[] January 16.2001
[] February 6. 2001
[] February 20. 2001
[] March 6. 2001
V-CONSENT AGENDA
ITEM C.9
OI J ,N 185:03
Date Final Form Must be T~ed
i~ to Ci~ Cl~k's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Adminiskmtive [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: A motion to approve the Consulting Services Agreement between the City of Boynton Beach and
the Boynton Beach Community Redevelopment Agency.
EXPLANATION: In accord with the provisions of Chapter 163 of the Florida statutes, the City Commission, at it meeting
on December 5, 2000, created a fully independent Community Redevelopment Agency. At that time it appointed an
additional five members to its seven-member board to serve as the governing body of the agency and named a Chair and
Vice Chair.
Although it is created by the City, an independent CRA is not guaranteed access to, nor is it required to accept the services of
City staff. Indeed, under the provisions of Chapter 163.356(3)(c) it can hire its own "...executive director, technical experts,
and other such agents and employees, permanent or temporary, as it requires, and determine their qualifications, duties, and
compensation." Similarly, the CRA is not required to use the services of the City attorney but "may employ or retain its
own counsel and legal staff"
In light of these prowsions, staffhas determined that, given the fact that an independent CRA in the City of Boynton Beach
is a recent creation, and given the limited resources currently available in the Redevelopment Trust Fund, it would be in the
interesm of both the City and the CRA ifa contractual arrangement existed that would allow city staffto serve the CRA. The
CRA board concurred with this determination and approved the draft contract at its meetingon January 10, 2001.
PROGRAM IMI'ACT: This contract establishes a formal staffing relationship between the City and the CRA. In addition,
it sets the CRA's maximum annual outlay for administrative expense while at the same time creating a fi'amework for
determining the actual adminisUative costs associated with operating the CRA.
ALTERNATIVES: The CRA would incur the full costs associated with hiring its own staff, with potentially adverse
impacts on its limited financial resouxces.
; _ _ _ _---~ "__ -~-
qt~±nt:us L..greene, Director of Davalopment
~ Ci~ Signature
Department of Development
Department Name
S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance / Human Resources
RESOLUTION NO. RO1-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
-AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CONSULTING SERVICES BETWEEN THE
CITY OF BOYNTON BEACH (CITY), AND
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF BOYNTON BEACH (CRA); PROVIDING FOR
THE ESTABLISHMENT OF A FORMAL STAFFING
RELATIONSHIP BETWEEN THE CITY AND THE CRA;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff, hereby deems it to be in the best interests of the
citizens and residents of the City of Boynton Beach, to approve a .Consulting
Agreement, providing for a formal staffing relationship between the City and the
CRA; 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 CiW of Boynton Beach, Florida
does hereby approve, and authorizes and directs the Mayor and City Clerk to
execute a Consulting Agreement between the City of Boynton Beach and the
Community Redevelopment Agency of the City of Boynton Beach, providing for
a formal staffing relationship between the City and the CRA;, a copy of which
Agreement is attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this __ day of February, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
COmmissioner
Commissioner
~TTEST:
City Clerk
[Corporate Seal)
CONSULTING SERVICES AGREEMENT BETWEEN
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF BOYNTON
BEACH AND THE CITY OF BOYNTON BEACH.
THIS AGREEMENT, made and entered into this day of ., 2001,
by and between:
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF BOYNTON BEACH, FLORIDA
a public agency
100 East Boynton Beach Blvd.
Boymon Beach, FL 33425
(hereinafter referred to as "CRA"),
and
CITY OF BOYNTON BEACH, FLORIDA
a municipal corporation
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
(hereinafter referred to as "CITY").
WHEREAS, at the January 10, 2001 CRA meeting, the CRA approved entering into an
Agreement with CITY to provide Consulting Services;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and conditions
herein expressed and of the faithful performance of all such covenants and conditions, CRA and
CITY do mutually agree as follows:
Section 1. PURPOSE: The parties agree that the main purpose of this Agreement is for CITY to
provide consulting services to the CRA in connection with the business and activities of the
CRA.
Section 2. SCOPE OF SERVICES:
2.01 This Scope of Services between CRA and CITY will set forth the duties,
obligations and responsibilities of CRA and CITY in the provision of consulting and
related services for the CRA. CITY shall provide the following services during the term
of this Agreement when requested by CRA:
(A)
(B)
Review the existing and proposed budget and financial documents pertaining to
the CRA and provide other financial services requested by CRA such as monthly
financial reports.
Provide land use planning, zoning and engineering services including project
management and inspection.
/ · (C) Assist in the acquisition, disposition and management of real property on behalf
of the CRA.
(D)
Review and identify possible grants from Palm Beach County or the State or
Federal government and assist the CRA with grant application process.
(E)
The City shall have appropriate staff available when needed to discuss issues with
CRA board members and at CRA Board meetings.
(F)
The City shall designate its Director of Development as administrator and the lead
staff liaison person to the CRA; however, other individuals may be designated by
the Director of Development from time to time.
(G)
Other city staffmembers may also be needed from time to time to assist the CRA
with its projects and objectives and the CITY agrees to provide such services
when needed as mutually agreed upon by the parties hereto.
Section 3. RESPONSIBILITIES OF CRA:
3.01 The CRA shall abide by the provisions of Chapter 163 of the Florida Statutes and
use its best efforts in cooperating with the CITY in providing the information and
documentation necessary to the CITY in the performance of the Consulting Services
under this Agreement.
Section 4. CITY'S RESPONSIBILITIES:
4.01 CITY shall perform the scope of services, as set out in Section 2 and throughout
this Agreement, as the Consultant. Said scope of services shall not be deemed to be all-
inclusive and may be changed from time to time as authorized by the CRA Board and the
City Commission.
Section 5. INDEPENDENT CONTRACTOR STATUS:
5.01 CITY and its employees, subcontractors, volunteers and agents, shall be and remain
independent contractors and not agents or employees of CRA with respect to all of the
acts and services performed by and under the terms of this Agreement. This Agreement
shall not in any way be construed tc create a partnership, association or any other kind of
joint undertaking or venture between the parties hereto.
5.02 CRA will not be responsible for reporting or paying employment taxes or other
similar levies which may be required by the United States Internal Revenue Service or
other state agencies.
Section 6. TERM OF AGREEMENT:
6.01 This Agreement shall be effective on January i0, 2001 and shall terminate upon
mutual agreement of the parties hereto.
Section 7. COMPENSATION:
7.01 For the period beginning January 10, 2001, CITY shall be paid as follows:
(A) CRA shall pay CITY an amount up to $25,000, annually at a rate of $40 per hour to
be invoiced by CITY on a monthly basis by the l0th day of each month for services
rendered during the prior month. This invoice shall include, but not be limited to, a
summary of services provided, the type of service provided, and approximate time spent
by CITY on behalf of the CRA during this period.
(B) The fee established in 7.01 {A) above is inclusive of expenses for CITY, excluding
however, travel expenses which shall require the prior approval of the CRA. The manner
of reimbursement of such expenses shall be approved by the CRA Board prior to any
travel on behalf of the CRA.
(C) CITY shall continue to provide the required invoice as outlined above. The invoice
shall be sent to the attention of the CRA Director.
Section 8. ASSIGNMENT:
8.01 CITY shall not assign, or transfer their rights, title or interests in the Agreement;
nor shall CITY delegate any of the duties and obligations undertaken by CITY without
CRA'S prior written approval.
Section 9. NON-DISCRIMINATION AND EOUAL OPPORTUNITY EMPLOYMENT:
9.01 During the performance of the Agreement, CITY shall not discriminate against any
employee or applicant for employment because of race, religion, color, sex or national
origin. CITY will take affirmative action to ensure that employees are treated during
employment, without regard to their race, creed, color, or national original. Such action
must include, but not be limited to, the following: employment, upgrading; demotion or
transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. CITY
shall agree to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this non-discrimination clause.
3
Section 10. NON-EXCLUSIVITY:
10.01 This Agreement is considered a non-exclusive Agreement between the parties.
The CRA. shall have the fight to purchase the same kind of services to be provided by
CITY hereunder from other sources during the term of this Agreement.
Section 11. GOVERNING LAW: VENUE:
11.01 The validity, construction and effect of this Agreement shall be governed by the
laws of the State of Florida.
11.02 Any claim, objection or dispute arising out of the terms of this Agreement shall be
litigated in the Fit~eenth Judicial Circuit, in and for Palm Beach County, Florida.
Section 12. ATTORNEY'S FEES AND COSTS:
12.01 The prevailing party with a judgment subsequent to any claim, objection or dispute
arising out of the terms of this Agreement shall be entitled to an award of all reasonable
attorney's fees, interest and court costs incurred by such prevailing party against the
losing party including reasonable appellate attomey's fees, interest and taxable costs.
Section 13. ENTIRE AGREEMENT:
13.01 This Agreement contains the entire understanding of the parties relating to the
subject matter hereof superseding all prior communications between the parties whether
oral or written. This Agreement may not be altered, amended, modified or otherwise
changed nor may any of the terms hereof be waived, except by a written instrument
executed by both parties. The failure ofa p ,aChy to seek redress for violation of or to insist
on strict performance of any of the covenants of this Agreement shall not be construed as
a waiver or relinquishment for the future of any covenant, term, condition or election but
the same shall continue and remain in full force and effect.
Section 14. CUMULATIVE REMEDIES:
14.01 The remedies expressly provided in this Agreement to CRA shall not be deemed to
be exclusive but shall be cumulative and in addition to all other remedies in favor of CRA
now or hereafter existing at law or in equity.
,ection 15. SEVERABILITY:
15.01 Should any paxt, term or provision of this Agreement be by the courts decided to
be invalid, illegal or in conflict with any law of this State, the validity of the remaining
portions or provisions shall not be affected thereby.
Section 16. CONSTRUCTION OF AGREEMENT:
16.01 The terms and conditions herein are to be construed with their common meaning
to effectuate the intent of this Agreement. All words used in the singular form shall
extend to and include the plural. All words used in the plural form shall extend to and
include the singular. All words in any gender shall extend to and include all genders.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,
the day and year first above written.
AS TO CRA:
COMMLrNITY REDEVELOPMENT AGENCY
OF THE CITY OF BOYNTON BEACH,
FLORIDA
CHAIRPERSON
AS TO CITY:
CITY OF BOYNTON BEACH
ATTEST:
BY:
Mayor Gerald Broening
SUZANNE KRUSE, CITY CLERK
Approved as to Form:
JAMES A. CHEROF
City Attorney
LAPlmf
\~J GC DE_FS\LI BRARYX 1990\900182. BBXAGMTxCRA Consulting Agreement.doc
Revised by QLG 01/02/01
5
Requested City Commission
Meetine Dates
i November 21, 2000
December 5. 2000
[] Deqember 19, 2000
[] January 2, 2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
November 9, 2000 (5:00 p.m./
November 22, 2000 (5:00 p.m.)
December 6, 2000 f5:00 p.m
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] January 16. 2001
[] Febraary 6. 2001
[] February 20. 2001
[] March 6,2001
V-CONSENT AGENDA
ITEM C.10
Date Final Form Must be Tumed
in to City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2091 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOM}MENDATION:
EXPLANATION:
Ratify the action of the South Central Regional Wastewater Treatment & Disposal
Board.
On January 18. 2001. The South Central Regional Wastewater Treatment and
Disposal Board held its Regular Quarterly Annual Meeting. At that time. the Board
took action on various items that are now before the City Commission for
ratification. This City Commission ratification is the confirmation process for the
action taken by the S.C.R.W.T,D. Board.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Sue Kruse, City Clerk
City Clerk's Office
Department Name
jmp
\\eh\mab
City Manager's Signature
City Attorney / Finance / Human Resources
~shrdata\cc\wp\ccagenda~agenda request memos~agenda item request form for scrwtd 011601 dot.dot
S:~BULL~TIN~FORMS~AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R01-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RATIFYING
THE ACTIONS TAKEN BY THE SOUTH CENTRAL
REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ON JANUARY 18, 2001, AS SET
'-FORTH IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE SAID RATIFICATION;
AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board
(SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Annual
Meeting of January 18, 200t, as set forth in the attached Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, does
hereby ratify the actions taken by the South Central Regional Wastewater Treatment &
Disposal Board on January 18, 2001, as set forth in the attached Exhibit "A".
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this
day of February, 2001.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Comrmssioner
Commissioner
ATTEST:
City Clerk
EXHIBIT "A"
1. Authorization to renew contract with New Look Lawn Services dated March
1, 2000 for the sum of $1,400, per month for the length of the Contract in the north
area ..and an additional sum of $1,00 per month length of the Contract in the south
area. Contract will be in effect for (1) year but may be extended for an additional (1)
year term.
2. Authorization to expend $15,000 from Repair and Replacement Fund to
purchase Vogelsang Sludge Pump and Gear Motor.
3. Authorization to expend $11,000, from Repair & Replacement Fund to install
a Vogelsang Rota Cutter in waste line to centrifuges.
4. Authorization to expend $15,000 from Repair & Replacement Fund on an
emergency basis to replace and upgrade "A" Plant Scrubber System including control
panel upgrade, resurfacing pads and drain system and recondition/ng scrubber fan and
motor drive;
5. Authorization to expend $15,000 to repair 9-20" Dezurik Plug Valves from
Repair and Replacement Fund on an emergency basis in "A" Plant RAS Building.
6. Authorization to expend $3,000 from Repair & Replacement Fund on an
emergency basis to replace "B" Plant PAS Meter.
7. Authorization to enter into conumct with AA_ROW Building & Maintenance,
Inc,. dated March 1, 2001 for the sum of $310.00 per month ofjauitorial services.
Contract will be in effect for one year, but may be extended for an additional (1) year
term.
BOARD
City Council Members of
Boynton Beach & Delr~y Be~ch
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach~ Florida 33445
Telephone
561) 272-7061 561) 734-2577
Fax: 561) 265-2357
E-mail: scrwv~p@ ix.netcom.com
MEMORANDUM
TO:
FROM:
DATE:
RE:
Sue Kruse
CITY OF BOYNTON BEACH
Mary Ann Shumilla
/
Janury 22, 2001
RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the Quarterly Annual Meeting of January 18, 2001
which require signatures. Would you place these on the Agenda for your next
Commission meeting.
Would you contact me at 272-7061 when the Ratifications are executed.
Thank you,
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 18, 2001
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 18, 2001, by a vote of 7-0, approve AUTHORIZATION TO RENEW
CONTRACT WITH NEW LOOK LA WN SERVICES DA TED MARCH 1, 2000 FOR THE
SUM OF $1,400. PER MONTH FOR THE LENGTH OF THE CONTRACT IN THE NORTH
AREA AND AN ADDITIONAL SUM OF $1,000 PER MONTH LENGTH OF THE
CONTRACT IN THE SOUTH AREA. CONTRACT WILL BE IN EFFECT FOR (1) YEAR
BUT MA Y BE EXTENDED FOR AN ADDITIONAL (1) TEAR TERM.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
tlte City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
City Clerk
Attest:
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 18, 2001
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 18, 2001, by a vote of 7-0, approve AUTHORIZATION TO EXPEND
$15,000. FROM REPAIR & REPLACEMENT FUND TO PURCHASE VOGELSANG
SLUDGE PUMP AND GEAR MOTOR.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Be~ch this
day of , bya __ vote.
CITY OF BOYNTON BEACH
By:
Mayor
City Clerk
Attest:
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 18, 2001
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 18. 2001, by a vote of 7-0, approve AUTHORIZATION TO EXPEND
$11.000. FROM REPAIR & REPLACEMENTFUND TO INSTALL A VOGELSANG ROTA
CUTTER IN WASTE LINE TO CENTRIFUGES.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
City Clerk
Attest:
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
.... ACTION OF JANUARY 18, 2001
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 18. 2001, by a vote of 7-0, approve AUTHORIZATION TO EXPEND
$15.000. FROM REPAIR & REPLACEMENT FUND ON AN EMERGENCY BASIS TO
REPLACE AND UPGRADE "A ~ PLANT SCRUBBER SYSTEM INCLUDING CONTROL
PANEL UPGRADE. RESURFACING PADS AND DRAIN SYSTEM AND
RECONDITIONING SCRUBBER FAN AND MO TOR DRIVE.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
City Clerk
Attest:
Approved aa to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 18, 2001
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 18, 2001, by a vote of 7-0, approve AUTHORIZATION TO EXPEND
$15,000. TO REPAIR 9-20" DEZURIK PLUG VALVES FROM REPAIR AND
REPLACEMENT FUND ON AN EMERGENCY BASIS IN "A" PLANT PAS BUILDING.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the-City of Delray Beach hereby ratify ·
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
__ day of , by a . vote.
CITY OF BOYNTON BEACH
Mayor
City Clerk
Attest:
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 18, 2001
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 18, 2001, by a vote of 7-0, approve AUTHORIZATION TO EXPEND
;3,000. FROM REPAIR & REPLACEMENT FUND ON AN EMERGENCY BASIS TO
REPLACE "B" PLANT RAS METER.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and theCity of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , by a vote.
CiTY OF BOYNTON BEACH
By:
Mayor
City Clerk
Attest:
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
W~,. STEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 18, 2001
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 18, 2001, by a vote of 7-0, approve AUTHORIZATION TO ENTER INTO
CONTRACT WITH AAROW BUILDING & MAINTENANCE, INC. DATED MARCH I,
2001 FOR THE SUM OF ,~310.00 DOLLARS PER MONTH OF JANITORIAL SERVICES.
CONTRACT WILL BE IN EFFECT FOR ONE YEAR BUT MAY BE EXTENDED FOR AN
ADDITIONAL (1) ONE YEAR TERM.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of ., by a vote.
CITY OF BOYNTON BEACH
Mayor
City Clerk
Attest:
Approved as to form:
City Attorney
V-CONSENT AGENDA
ITEM D.1
CITY OF BOYNTON BEACI
AGENDA ITEM REQUEST FORM
equested City Commission
Meefin~ Dates
[] November 21,2000
[] D~cember 5, 2000
[] December 19, 2000
[] JaI~uary 2, 2001
Date Final Foma Must be Turned
in to CiW Clerk's Office
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meetine Dateo
[] January 16, 2001
[] February 6, 2001
[] February 20, 2001
[] March 6, 2001
Date Final Form Must be Turned
in to CiW Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 200I (5:00 p.rm)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
NATI
AGE~
RE OF
~AITEM
[] Administrative [] Development Plato
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECO2MMENDATION: Please place this request on the February 6, 2001 City Commission Agenda under Consent
Agend*. The Plan~ing end Development Board with a unanimous vote recommended that the subject request be approved,
conditi~nad upon the replacement of the existing ficus hedge with a compatible native species, maintenance of hedge at six
(6) feel, and that a buffer wall be installed when residential development occurs on the adjacent property. For further details
pertaining to this request see attached Department of Development Memorandum No. PZ 01-009.
EXPL{kNATION:
PROJECT NAME:
AGENT:
APPLICANT:
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTEI~NATIVES:
RIVERWALK PLAZA JOINT VENTURE - BUFFER WALL
Land Design South
N/A
Riverwalk Plaza Joint Venture
t532 S. Federal Highway
Request for a variance from City of Boynton Beach Land Development Regulations, Chapter 2 -
Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot high chain linked fence along the south
property line in lieu of the required six (6) foot concrete block buffer wall to separate the
Riverwalk Plaza from the abutting residential district.
N/A
N/A
N/A
D e~p~ent~Depa~an~nM~irectur
City Manager's Signature
City Attorney / Finance / Human Resources
EXHIBIT "D"
Conditions of Approval
Project name: Riverwalk Plaza Joint Venture
File number: ZNCV 00-021 (south buffer wall)
Reference: Zonin Code Va*/ance ~ flication dated December 13, 2001.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DIVISION
Comments: NONE X
BUILDING DMSION
Cnmments: NONE X
PARKS AND RECREATION
Comments: X
FORESTER/ENVIRONMENTALIST
Comments: NONE X
PLANNING AND ZONING
Comment~:
L Wall to be designed and constructed to minimize damage to the adjacent '
wetland. X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
COMMENTS:
Conditions of Approval
2
Riverwalk Plaza Joint Venture
01/2 4/01
DEPARTMENTS ]NCLUDE REJECT
2. Replacement of the existing ficus hedge with a compatible native species,
maintain hedge at six (6) feet and a six (6) foot buffer wall to be constructed
when residential development occurs on the adjacent property. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
3. i To be determ/ned.
MWRJblw
J:ISRRDATA\PLAN NING',~S HARED\W F"~FO RMS[BLAN KS FORMS FOLDER\COND. OF APPROVAL.DOC
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Riverwalk Plaza
APPLICANT'S AGENT: Robert Bentz, Land Design South
AGENT'S ADDRESS: 1280 N Congress Avenue #215 West Palm Beach, Florida 33409
DATE OF CITY COMMISSION RATIFICATION: February 6, 2001
TYPE OF RELIEF SOUGHT: Zoning Code Variance (south buffer wall)
LOCATION OF PROPERTY: 1606 S. Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
x THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City'S Land Development Regulations.
The Applicant
x HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
x . GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP~ROJECTS\Riverwalk Plaza Joint Venture\DEVELOPMENT ORDER.doc
7.A.1
RTVERWALK PLAZA .1OI'NT VENTURE
(BUFFER WALL)
VARTANCE
hisDEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 01-009
STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
Date:
File No:
Location:
Owner:
Project
Name:
Variance
Request:
January 12,.2001
ZNCV 00-021 (south buffer wall)
1606 South Federal Highway
Riverwalk Plaza Joint Venture
Riverwalk Plaza
Variance from the City of Boynton Beach Land Development Regulations, Chapter 2 -
Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot high chain linked fence along the
south property line in lieu of the required six (6) foot high concrete block buffer wall to
separate the Riverwalk Plaza from the abutting residential district.
NATURE OF REQUEST
Robert Bentz of Land Design South, agent for the Riverwalk Plaza, is requesting a zoning code variance to
seek relief from constructing a solid buffer wall along the plaza's south property line that is abutting a
residentially zoned property. Construction of the wall became a requirement in connection with the July 6,
1996, conditional use approval granted to renovate the existing shopping center (which did not have a
wall) and to install a drive-through facility. This request is to place a six (6) foot high chain link fence,
with landscaping, to substitute the six (6) foot high buffer wall that is required by the city's land
development regulations, Chapter 2 - Zoning, Section 4.L. (see Exhibit "A'.' - Site plan).
BACKGROUND
The Riverwalk Plaza is located at 1606 South Federal Highway, (see Exhibit "B" - Location map) and is a
9.55 acre site, located approximately 150 feet south and east of the southeast comer of US No. 1 and
Woolbright Road. The property is zoned C-3, Community Commercial, with a local retail commercial
land use designation. Part of the plaza south property line abuts a parcel zoned R-3, Residential Multi-
family. The code requires a solid masonry buffer wall, six (6) foot high, between commercial and
residential zoning districts.
In July of 1996 the plaza was granted a conditional use to renovate the then existing shopping center. In
April of 1998 the plaza owners applied for a similar variance to allow a chain link fence in lieu of the
required solid wall. The request was denied at the May 5, 1998, Planning and Development Board
meeting. The variance was subject of subsequent postponements at the applicant request, until March 2,
1999, when the City Commission ratified the action of the Planning and Development Board.
Page 2
Riverwalk Plaza Joint Venture
File No. ZNCV 00-021
The following is a description of the zoning districts and land uses of the properties that surround the
plaza:
North
Woolbright Road and farther north is an existing multi-family unit
development, zoned R'3, Multi-Family dwelling district.
South -
Undeveloped land zoned R-3, and both undeveloped land and
developed land abutting US 1, zoned C-3.
East - Intracoastal Waterway and undeveloped land, zoned C-3.
West
US No. 1 and farther west is the Sunshine Square shopping center,
zoned C-3.
The code states that zoning code variances cannot 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.
That the special conditions and circumstances do not result from the actions of the applicant.
3~hat 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.
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
[~rdinance] and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
ANALYSIS
As part iof analyzing this request against the above criteria, staff evaluated the impact upon, and
consistency of the construction of a fence versus the required buffer wall w, ith the character of the existing
neighbor.~ood, and alternatives to avoiding the Variance request. The city s land development regulations
require uae erection of a masonry wall between commercially and residentially zoned property. The
location qf the proposed fence is between properties with both designations, hence the requirement for the
masonry yvall. The applicant states that both an adequate four (4) foot high chain link fence and a fichus
hedge ha.? existed along the south property line for many years and that the fence and landsca in should
· serve as a reasonable alternative to create the required separation from the adjoining resident21 groperty
(see Ext~bit "C" - Statement of special conditions, hardships and reasons for variance request). The
applicant also indicates that the adjacent property will most likely not be developed as it is owned by the
Florida Igland Navigation District (FIND) and that there is insufficient room for a wall.
Page 3
Riverwalk Plaza Joint Venture
File No. ZNCV 00-021
As per the approved Riverwalk Plaza site plan, there are 2.6 feet between the edge of pavement and the
property line. Within that width a 2.5 foot wide landscape strip with hedge and the buffer wall must be
provided. There are other developments within the city that have accommodated the same requirements in
this width.
With respect to ownership and use potential, the Florida Inland Navigational District uses the residentially-
zoned property, to the south as a spoils site. The city's comprehensive plan designates this site as High
Density Residential (10.8 dwelling-units-per-acre) and a conservation overlay, due to mangroves on the
property.
Lastly, the Planning and Zoning Division has recently received three (3) general inquiry calls without
expressing any opimon, and one letter from a nearby resident expressing opposition to the request.
RECOMMENDATION
The current use and natural characteristics of the adjacent, residentially-zoned property do represent
special conditions and circumstances which make the subject property, and namely that portion of the
property subject to the wall requirement unique. These characteristics could possibly even render the
property undevelopable, thereby reducing the need for a solid buffer. However, given the current
residential zoning, the close proximity to the water front, and the rising value of, and demand for land, the
ultimate development of the land should not be totally disregarded. Alternatively stated, the current special
conditions may not be permanent.
Although one may consider the requirement that the desired fence be replaced by the buffer wall at the
time when the adjacent property is developed, there may not be the leverage necessary to require the
timely construction of the wall, and depending on when the adjacent property is developed, this
requirement may be difficult to monitor and be lost over time. Therefore, staff recommends that based on
the lack of hardship, this request for a variance from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 4.L - Buffei Walls, to allow a six (6) foot high chain link fence
and landscaping along the south property line, in lieu of the required six (6) foot high concrete block buffer
wall to separate the Riverwalk Plaza from the abutting residential district to the south, be denied.
It should be rioted that in acknowledgment of comments received from the City Forester/Environmentalist
who favors the fence over the wall to minimize ~mpacts upon the adjacent mangroves, the required wall
should be designed and constructed to minimize any impact on the adjacent property, and damage to the
adjacent wetland. Depending on parking lot elevation and design, the wall may mimmize drainage flow
into the wetland as ultimately to be reviewed by the City Engineering Departmem.
This condition and any other condition recommended by thc Board or the Commission will be included in
the Exhibit "D" - Conditions of Approval.
J:KS HRDATAkPIanningKS HARED\WP~P RO JEC TSkRivcrwalk Plaza Joint Venturekstaff report south buffer wall.doc
.itll
RIVERWALK' SHOPPING'-CENTER
1/8
400 800 FEET
EXHIBIT "C"
VARIANCE REQUEST
STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS AND REASONS
RIVERWALK PLAZA
BOYNTON BEACH, FLORIDA
That special conditions and circumstances exist which are peculiar to the land and
buildings involved and which are not applicable to other lands and buildings in the same.
zoning district:
The Boynton Beach Development Code currently requires the erection of a
masonry wall between property with a commercial zoning designation and
one with a residential designation. When this property was developed, no
such requirement existed and the site was developed in the manner in which
it exist today.
That the special conditions and circumstances did not result from the action of the
applicant.
When constructed, the project conformed to the codes in effect at the time.
Revisions to the approved site plan and subsequent changes to the
development code created the necessity for the variance.
That the granting of the variance requested will not confer on the applicant any special
privilege denied by this ordinance to others.
This project is fully developed having been constructed forty years ago. The
current activity involves a change in one of the major tenants and the
relocation of minor tenantsJGranting this variance will confer no special
privilege not enjoyed by every other similar forty year old developments
That literal interpretation of lhe provL~ions qf thL~ chapter would deprive the applicanl of
rights commonly enjoyed by other properties in the same zoning district under the terms
of the Ordinance an,d work unnecessary and undue hardship on the applicant.
There is not sufficient space to construct a footing and a ~vall along the
subject property line without removing paving and shell base. Removing the
paving would reduce the ~vidth of the access way creating a potentially
hazardous traffic condition. Thus would be the hardship to accomplish that
which can be satisfied with the required irrigated landscaping and fencing.
THE LEE STAP, KEY GROUP+ PLANNING AND ZONING CONSULTANTS+11214 MARJORAM DRIVE* PALM ~)EACH GARDENS FLORIDA 33418 + 561 775-0671 * FAX 561-S25-9364
EXHIBIT
VARIANCE REQUEST
STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS AND REASONS
RIVERWALK PLAZA
BOYNTON BEACH, FLORIDA
Page 2
Et
That the variance granted is the minimum variance that will make possible the
reasonable use of the land building and structures
The fence and landscaping combination is a reasonable alternative to
accomplish the goals of the requirement, i.e., visual separation for the
adjoining property. At the time the project was developed, over forty years
ago, the adjacent property was an over-grown, unoccupied and undeveloped
waterway maintenance spoil area owned by the Florida Inland Navigation
District. A chain linked fence separated the properties then. Today, over
forty years later, the site remains over-grown, predominantly with wetland
speeie, it remains unoccupied, it remains undeveloped and it remains in the
ownership of the Florida Inland Navigation District.
That the granting of the variance will be in harmony with the general intent and purpose
of this chapter and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
Thc clear intent of this chapter is to provide separation of two dissimilar land
uses. At the time this project developed, there was no such intent. Hence thc
Plaza developed as it is today, with insufficient space at the rear of the
buildings for the construction of a masonry wall with its attendant
foundations. The property to the South, owned by the Florida Inland
Navigation District, is undeveloped, lying between the strip commercial
along Highway #1 and the waterway. Much of the property would be
designated as wetland and ~ot subject to development.
THE LEE STARKEY GROUP+ PL/~NNING AND ZONING CONSL~.TANT$+11214 MARJORAM DRNE~' PALM BEACH GARDENS FLORIDA 33418 + 561 775-067I + FAX 561-625-9364
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tamed Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
[] I~ovember21,2000 Novemberg, 2000 (5:00p.m.) [] January 16,2001 .
[] BecemberS, 2000 November22,2000 (5:00p.m.) [] February6,2001
[] l~ecemberl9,2000 December6,2000 (5:00p.m.) [] February20,2001
[] January2,2001 December20~2000 (5:00p.m.) [] March6,2001
V-CONSENT AGENDA
ITEM E
Date Final Form Must'be Tumei:D
In to City Clerk's'l~:fice :'~ ~.
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
~ [] Administrative [] Development Plans
NAT~JRE OF [] Consent Agenda [] New Business
AGENDA ITEM [] Public Hearing [-- Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: Motion to accept proposal from BAE Sytems ADR for the aerial
photography required to update Utilities service area planimetric base maps, for an expenditure
not-~o-exceed $21,060.00. The effort covered by this proposal is a necessary first step that will
allow the actual updating efforts and costs to be defined, and also provide a basis for possible cost
sharing with Palm Beach County agencies.
EXpLANATION: In 1993, the City of Boynton Beach began development of planimetric base
map~ of the City and Utilities service area, while sharing costs with.the Palm Beach County
Property Appraiser's office. Those maps included several features such as roadways, buildings,
s~de~alks, water bodies, manholes, fire hydrants, storm ~nlets, and light poles. Since the initial
map development, Utilities and Engineering Dept. staff members have been adding water and
sewer system features to these digital maps, in order to produce a complete, accurate view of the
enfir~ utility system. Although the City has been able to obtain digital drawings of the water and
sewer systems constructed since the mapping project began, digital fries of the building outlines,
streets and other surface features have not been updated. This authorization will begin the
updating process.
The firm of BAE Systems ADR developed the original base maps, and is still under contract to the
Pain~ Beach County Property Appraiser's office for continued work on that project. We are
recommending their involvement in this project so as to maintain the same level of accuracy and
formatting, and improve the usefulness of the finished product for several agencies, thereby
encouraging cost sharing.
S:kBULLETINWORMS',AOENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: The Utilities Department has initiated the contracting of planimetric
mapping data since 1993, which has given the City of Boynton Beach and County agencies the
availability of digitized mapping products over our entire service area. Whereas many portions of
the County have not yet been mapped using digital photogrammetry, the City and County have
been able to refme and add features to the maps of our service area primarily because this
Department has been willing to share costs and effort in this area. The availability of base maps
are essential to the development of an up-to-date, accurate GIS. Once completed, the updated
maps could be converted to a GIS format and utilized by every department in the City.
FISCAL IMPACT: Initial expense of $21,060, which is budgeted in the Renewal and Replacement
fund. The f'mal cost of completing the mapping cannot be estimated until after the photographs
developed by this proposed activity are developed and compared to the existing digitized maps.
ALTERNATIVES: Continue to use the existing maps that do not show surface features
constructed since the maps were created in 1993.
~'s Signarare
C~Ty Manager's Signature
UTILITIES
Department Name
City Attorney / Finance / Human Resources
Peter Mazzella (w/attachmants)
Barbera Conboy
Bill Atkins, Procurement Svces.
Regina Hagger
File
S:~BULLETINkFORMSkAGENDA ITEM-REQUEST FORM.DOC
REQUEST FOR REQUISITION
H.T.E. ENTRY DATE:
H.T.E. REQUISITION #
Clerk:
Procurement Ass't:
Director:
City Manager (non budgeted
capital and/or $5000+):
REASON FOR PURCHASE: Update digitized maps provide more detail for GIS use
Commission approval:
VENDOR INFORMATION: DMSION: OTHER INFORMATION:
Name: BAE Systems Admin. (x) Date: 1-17-01 ASAP (x)
Address: 9285 Commerce Highway Construction ( ) Date Needed: Confirm. ( )
Pennsauk6n NJ 08110 Cust. Rel. ( ) ASAP/Conf. ( )
Distribution ( ) BACKUP DOCS. DELIVERY:
~ SUBMITTED:
Phone (co~tact): Louis Komondi Lab ( ) Quotes/Verbal ( ) E. Admin. 40 (x)
I (over $500)
800-757-~960 Pumping ( ) Quotes/Written ( ) E. WTP 41 ( )
! (over $2000)
Vendor Nhmber: PWMaint. ( ) Bid Docs. ( ) W. WTP 42 ( )
] PWOps. ( ) Sole Source Ltr. ( ) P/U 99 ( )
INITIATOR: Pete Mazzella Sewage ( ) Insurance ( ) Special Instructions:
~ Requirements:
APPROVED: Strmwtr. ( ) Project Number:
Quan. iUnit Price Description & Part Number Fund Dept Basic Elem Obj Amount
1 I Ref'me digital maps of utility service 405 5000 590 96 02 10530
i area per proposal dated 1 - 10-01 WTR069
! 405 5000 590 96 04 10530
! SWR069
~ 21060.00
U:\conboyuserdata\wordata\wordfilekrequisition blank.doc
January 10, 2001
Mr. Peter Mazzella
Assistant Utilities Director
City of Boynton Beach Utilities Departaient
5469 West Boynton Beach Blvd.
Boynton Beach, FL 33437
New Aerial Photography for Updating the Digital Land Base
/IDR File E-22295
Dear Mr. Mazzella
Following our recent meeting, we are pleased to submit this proposal for aerial photography to be used for
updating the existing land base. We suggest to refine the updating details and specifications after
compilation of the photographs.
The photography will be exposed to the negative scale of 1" = 300' (altitude 1,800' above
MT) and will include the area outlined in blue on the attached project map to cover an
area totaling approximately 22 square miles.
The negative scale of 1" = 300' will assure to maintain the built-in accuracy of the data
base and will require 14 flights lines and 397 negative exposures. We would like to call
to your attention the importance of time schedules to assure the complete success of the
flight mission.
We propose to complete the photography for the area of 22 square miles for the lump sum fee of
$21,060.00 (this includes the price for aerial photography, contact prints, a photo index and related
planning and preparatory services).
We appreciate this opportunity to propose and are ready to ref'me the specifications for updating to the
maximum of cost effectiveness as soon as the new photography will be available.
Very truly yours,
BAE SYSTEMS ADR
~anager
/db
Attachment: Project Area Map
BAE SYSTEMS ADR 9285 Commerce Highway Pennsauken NJ 08~.10 USA
Telephone (800) 257-7960 Fax 1856~ 486-7778
T45S
Contract No. GPS-1
CONTRACT
BETW~i~N TH~
PALM B~ACH COUNTY PROPERTY APPRAISER
AND
AERIAL DATA I~DUCTION ASSOCIATES, INC.
This CO~'£KACT is made and entered into on this 9th day of
July, 1991byand between the Palm Beach County Property Appraiser,
301 North Olive Avenue, Fifth Floor, Governmental Center, West Palm
Beach, Florida 33401, a Constitutional officer of the State of
Florida (hereinafter PROPERTY~SER) and Aerial Data Reduction
Associates, Inc., a Pennsylvania firm withthe principal address of
9285 Commerce Highway, Pennsauken, New Jersey 08110, Federal
Identification N,,mher 22-1906664 (hereinafter COB-i'KACTOR).
WITNESSETH:
WHEREAS, the PROPERT~APPRAIS~is a Constitutional officer of
the State of Florida charged with identifying and assessing all'
property in Palm Beach County; and
WHEREAS, the PROPERTY APPRAISE is empowered to' enter into
this contract; and
WHEREAS, the PROPERTY APPRAISER desires the services Of &
qualified contractor to assist the PROPERTY. APPRAISER in
positioning horizontal controls established bya Global POsitio~ing
System in Palm Beach County; and
1
SECOND ADDENDUM TO
CO~'L'~ACT BETW~ TH~
PALM BEACH COUNTY PROPERTY APPRAISER
AND
AERIAL DATA REDUCTION ASSOCIATES, INC.
.CO~'r~CT NO.: GPS-1 ADDenDUM ( 2 )
This Addendum is attached to and made a part of the Contract
between the Palm Beach County Property Appraiser and Aerial Data
Reduction Associates, Inc. dated July 9, 1991.
bu=~EAS, property' Appraiser and Contractor mutually agree to
amend the Agreement~ and
wfl~S, the Contract between the parties provides for this
amendment~
NOW, ~g~V~3RB, in consideration of the mutual covenants
contained herein the Property Appraiser~and Contractor hereby amend
said Contract as follow~:
Paragraph 2 of said Contract and Paragraph 1 of the First
Addendum thereto dated August 31, 1991, are amended to add the
following as an addition to the work to be performed pursuant to
the Con~ractand it's First Addendum= "
In addition to the work described in Paragraph 2 of
'the said Contract and Paragraph 1 of the First
Addend~m, Contractor, being a full service
organization, agrees to provide the £011owing
additional work and services in accordance with
general terms end conditions of said Contract and
it's First Addendum and in accordance with .t~.e
following specifications as agreed upon in th~s
Second Addendum:
DESC~tIPTION OF ADD~'Y~OHAL ~-n~K:
ADR will provide additional horizontal control
densification and consultation services by
establishing control features by combining GPS
and
Photoenginearing stereoracttfication procedures to
be furnished in digital form to serve es base for
the most accurate property records in Paln Beach
County as the next work phase in accordance with
the ultimate WORK--of the RFP (PAB~ II) to
satisfy an element of the Proper~ Appraiser's
Cadaetrml Mapping Program. The services under this
Second Addendum will also include training of the
Palm Beach County Engineering Department's
Surveying Section. Fur~hernore, trainees of the
South Florida Water Management District and
1
Trainees of the Un4ted States Sugar Corporation
shall be trained by Contractor in the use of GPa
equipment (Tr4mble 4000 St. ) These additional
horizontal control densification services will
include the following= "
This phase will consist
areas=
of training in the following
.)
.)
.)
.)
.)
.)
.)
.)
.)
.)
.)
.)
.)
Planning of Observations
Scheduling of Observation Sessions
Informer/on Sources
Field Operations
Downloading of Data
Herqe Files
Checking and Correcting HI's and
Names
Batch Processing
~ualityAnalysis
Ratios and RMS
T-Close
Trimnet Basics
Bluebooking
The basic training will consist of S (five)
· consecutive days in Palm Beach county offices
and/or in the field. This por2ion o~ the
~raining will be given by .AD~.'s ~eod.es}st:.~
second 5 (five) day trainLng perLoa wL~
~nediately follow under the quidanoe of an
ADR Party Chief, also in Palm Beach county,
Florida.
File
T~-~4n~l~a ~n w4.,~m~t~a Survev~t. na and
This operation will be supervised by ADR's
~eodesist in Palm Beach County, during
continuous three (3 } day period. The plannea
Kin~atic traininq ~o be as followe~ the 1st
day in the office rev~ewing the Kinematic
concepts, 2nd day. in the field performing the
E/nematic survey, and 3rd day in the office
prrocessing This session is
ac~ended ~ebe data'performed after the trainee
group have had sufficient exper4 ence
fam~liarize themselves with static survey
procedures.
2
We envision that the trainee group will
download the data collected during their
observation sessions each day and perform
batch proceasing and submit it to ADR for
review . and checking. In general, batch
processing produces good q~ality results,
occasionally, however, the results may be sub-
standard, therefore, requiring manual
processing to improve to acceptable levels.
The post processing adjustment and £ollow up
~uality control also will be done by ADR. ADR
wi.11 be responsible £or adjustment of all
points including points observed by tile
trainees. This service and responsibility is
li~4ted to 60 (sixty) pa~-s or the ~fcal of
120 (one hundred and twenty) points.
d. M,m,~'rl~.a'~on and Bluebooktr~=
It is our understanding that monusentat~on and
bluebookinq eub~4esion im not ADR's responsi-
bility. Those monuments, which will be desig-
nated for Bluebook~ng by County Personnel will
be set to NGS Specifications and Will be
completed before ~,DR starts observations to
assure uninterrupted, eff£c, ient production..
ADR's observation is limi~ to 15 (fifteen}
pairs, total of 30 (thirty) points.
Additional Horizontal Control Denaification
Services by Photoengineerinq Stereorecti-
fication procedure will ~nclude Wa~er Details
such as coastlines, lakes, streams, canals ~
curbs and gu~tera, buildings, railroad tracks,
edge of ~raveled surfaces (where no curb
exists), radio ar~ television towers, ~ajor
in~ersections, ~enoes, walls or other features
which appear to be p~L~ l~nes, ba~k edges
of sidewalks (property side). A~R will ~e
sp~ial ef~o~ ~o ~s~ S~e PI~o
Coo~na~s ~ fie~ ~~ ~ ~ose
Se~on ~d Q~er ~ion ~, where
co~ciding wi~ ~R's con~l layout.
3
It is our understandinq that the section and
quarter-sections corners will be located and
sufficiently harked by the County Survey
Section. Final delivery of these horizontal
control features will be delivered in digital
DXF files. These horizontal control densi-
fication services for d~gital files will be
performed in the following areas:
.) Township 42, Range 43, Sections 28 and 33,
Township 44, Range 43, Sections 21,22,27 and
28 approximately 3235 acres (three thousand
two hundred and thLt~cy-~va mores} · This
stersorectification opera,on will be
accomplished to +-0.5' hcrizontal accuracy.
· ) The total area for photography for model-
preparation, for ground con~rol and for
analFtical aerotr4angulat/on is approximately
7740 acres (sevanthOunand seven hundred and
for~y acres) ·
· ) One set of contact prints of the aerial
photographs at l:300' Lnd two photo indexes
also will be furnished.
· ) DigitaI data files of the stereoreotified
features in DXF format.
2. All delivery 'items will by sent to the Project Managers
attention at the Property Appraiser's office.
3. Unlesaex~endedorters~nated, the period of performance of this
Second Addendum shall commence on the date of execution and is
scheduled for completion in six (6) months after the date of
successful photography, no la~er ~ July 31, 1992.
4. The above described Horizontal Control D.en~ifi~tiO_neano~
Training and Suppcr~ Services wi1% ~? ~r~orm_ea £~r _?? ~.e~__~
$198,635.00 (One hundred nLnety-elg~= ~nousana aha s~x nmz~
thirty-five dollars, and no cants.)
This Addendum willnotbecome effect~veuntil fully executed copies
of same are received by all parties hereto.
4
F~cept as ~odified herein ~he ter~ end conditions of the s~id
Contract end ~he First Addendu~ ~ereto be~eeen ~he Palm Beach
county Property Appraiser and Aerial Data Reduction Associates,
Inc, shall be i~ force.
Agreed and Accepted=
Agreed and Accepted:
AERIAL DATA
ASSOCIATES, INC.
PAL~ BEACH COUNTY
PROPBRT~ APPRAISER
Rebecca E. Walker
Requested City Commission.
Meedne Dates
[] November21, 2000
[] December 5, 2000
[] December 19,2000
January 2. 2001
V-CONSENT AGENDA
~, -..ITEMF
BEACi~~, ..... ........
CITY OF BOYNTON
REQUEST FO~, ~', ' r~' : ~ '' ~
AGENDA ITEM
Date Final Form Must be Turned
in to City Clerk's Office
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested Cie/Commission
Meeting Dates
[] January 16,200I
[] February 6, 2001
[] February 20, 2001
[] March 6,2001
Date Final Form Must be Turned
in to Cit,/Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
Febma~ 21, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consem Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION:
Motioi~ to approve the expenditure of $25,830 from I.T.S. account #001-1510-513-6415 to Pomeroy Computer Resources,
Inc., for 15 HP LaserJet 4050 printers from State Contract #250-040-99-1.
EXPLANATION:
This yearly expenditure was approved through the 2000-2001 budget process in the amount of $28,800. FiReen printers (BP4
& HP5 laser printer) will be replaced citywide. This printer replacement will target printers that are 5+ years old.
PROGRAM IMPACT:
The I.T.S. Department has budgeted for printer replacement for several years. Printers that are 5+ years old are no longer
under warranty and maintenance agreements on these printers can be cosily. The replacement of older printers rather than
maintenance agreements or hourly repair costs have proven to be fiscally responsible as well as providing city staffwith
reliable equipment.
FISCAL IMPACT:
Through the 2000-2001 budget process, $28,800 was approved to replace 18 printers citywide. Fifteen (15) printers will be
able tQ be replaced with this budgeted amount through State Contract pricing.
ALTERNATIVES:
Purch,~se meintena)}ce agreemflaff on older printers and/ur pay hourly repair costs for maintenance and repairs when necessary.
ReplaCe printe~ff'as nee/~asis (when it no longer ~ks). | ) ~
] Department Nan'~ City Attorney / Finance / Human Resources
S:XBULLETINkFORMS~AGENDA ITEM REQUEST FORM.DOQ
Page 2 of 11
~P Laser Jet 2100TN Printer 10ppm 1200x1200 dp/, 8MB memory, upgradeable to 40MB.
EiO slot w/integrated 3nn[ server, 2 DIMM slots. 250 sheet 3rd paper bay included JU.S. -
C4172A~ABA-FL English localization
250 Sheet Inaut Tray HP LacerJet 2100 Lower cassette for HP Laser Jet 2100. Adds a third
input source (tray 3). Holds 250 sheets. Universal tray holds same media sizes as tray 2 of
C4793^-FL pdnter.
$1.340.00 $ 792.00
$ 225.00 5 124.00
C3098A-FL
C4135AM-FL
C4136AM-FL
C4137AM-FL
HP Pcatscnl~t Emulation DIMM For use with HP Laser Jet 2100. Includes 4MB of memory.
4 MB EDO DRAM DIMM for the Laser Jet 4000 series printsrs. This DIMM may be used alone
or in conjunction with other DIMM memory or accessories.
8 MB EDO DRAM DIMU for the Laser Jet 4000 series printers. This DIMM may be used alone
or in conjunction with other DIMM memory or accessories
16 MB EDO DRAM DIMM for the Laser Jet 4000 seres printers. This DIMM may be used
alone or in conjunction with other DIMM memory or accessories.
$ 219.00 $121.00
$ 56.00 $ 28.00
$110.00 $ 55.00
$198.00 $ 95.00
37004-10 iEEE 1284 A to B Printer Cable. 3 m DB25 male to IEEE-1284 C male. C2951A
25.00 $10.00
37004-30 HP IEEE 1284 A to B Printer Cable, 10 m DB25 male to IEEE-1284 C male.
49.00 $ 29.00
38270Y-7 7ff. 10/100 Cat5 Patch Cable for HP Network Pdnters
$ 10.00 $ 5.00
3827~GY-25
>EXTCARE-
2100(XJM
>EXTCARE-
2100TN
25ft. 10/100 Cat5 Patch Cable for HP Network Pfinmra
Warranty upgrade onsite labor years 2 and 3
Warranty upgrade onsite labor years 2 and 3
$19.00
$ f0.00
$ 165.00
$ 245.00
Laser Jet 4050
Fla Product Number
C425~I.au~f*ABA- FL
C4252A~ABA-FL
C4254,~ABA-F L
C412~-A-FL
C312~A-FL
Description
HP Laser Jet 4050 Printer One 500 sheet tray, 17 ppm, letter; 16 ppm, A4; 2 EIO
slots, 8 MB RAM, parallel and sedal ports, toner cartridge. No I/O cableJU.S. -
English localization
HP Laser Jet 4050 T Printer Two 250 sheet bays, 17 ppm, letter; 16 ppm, ,~f; 2 EIO
slots, 8 MB RAM, parallel and sedal ports, toner cad~dge. NO ]/O cable
[ncluded./U.S~ - English localization
HP Laser Jet 4050 N Printer One 500 sheet tray, 17 ppm, letter; 16 ppm, A4; 2 EIO
slots, 16 MB RAM, parallel and sedal ports, toner crtg, Ethemet card. No I/O cable
included./U.S. - English (ocalizetion
HP Laser Jet 4050 TN Printer Two 250 sheet trays, 17 ppm, letter;, 16 ppm, A4; 2
EIO slots, 16 MS RAM, parallet and serial ports, toner crtg, Ethernet card. No I/0
cable included./U.S. - English localization
HP 500 Sheet Feeder w/Universal Tray for the Laser Jet 4000, 4000 T, 4000 N &
4000 TN Printers. Adjustable tray holds all standard sizes between A5 & Legal.
User [nstsllabte. ,
LJ 4000/4000N Series 500 sheet tray holds letter, legal, and A4 size paper.
http://~customers.pmry, com/j a/stflor/stflorhp.htm
List Price
$1,425.00
$1,615.00
$1,927.00
$ 2,126.00
$ 365.OO
$175.00
Fla State Gov.
Price
$ 926.00
$1,050.00
$1,193.00
$1,316.00
$ 203.00
$ 203.00
10/23/2000
Page 3 of 11
HP Power Envelope Feeder. For use with the Laser Jet 4000, 4000 T, 4000 N &
4000 TN Printers. Holds up to 75 envelopes in corn 10, Monarch, DL, C5 & B5
C4122A. FL sizes. $ 365.00 $ 203.00
HP Duplex Assembly. For use with the Laser Jet 4000 T, 4000 N and 4000 TN
C4123A-FL Printers. ~Jlows printing on both sides of the page. User installable, $ 405.00 $ 225.00
Laser Jet 4 MB EDO DRAM DIMM for the Laser Jet 4000 series printers. This DIMM
C4135AM-FL may be used alone or in conjunction with other DIMM memory or accessories. $ 56.00 $ 28.00
Laser Jet 8 MB EDO DRAM DIMM for the Laser Jet 4000 sedes printers, This DIMM
C4136AM-FL may be used alone or in conjunction with other DIMM memory or accessories, $110.00 $ 55.00
Laser Jet 16 MB EDO DRAM DIMM for the Laser Jet 4000 series printers, This
DIMM may be used alone or in conjunction with other DIMM memory or
C4137AM-FL accessories. $198.00 $ 05.00
8MB 100 MHz Synchronous DRAM DIMM for the Laser Jet 4000 and higher sedes
printers. This DIMM may be used alone or in conjunction with other DIMM memory
C7842AM-FL or accessodes. $120.00 $ 59.00
16MB 100 MHz Synchronous DRAM DtMM for the Laser Jet 4000 and higher sedes
printers. This DIMM maybe used alone or in conjunction with other DIMM memory
C7843AM-FL or accessories. $ 210.00 $104.00
32MB 100 MHz Synchronous DRAM DIMM for the Laser Jet 4000 and higher series
printers. This DIMM may be used atone or in conjunction with other DIMM memory
C7845AM-FL or accessories. $ 399.00 $198.00
64MB 100 MHz Synchronous DRAM DIMM for the Laser Jet 4000 and higher series
printers. This DIMM may be used alone or in conjunction with other DIMM memory
C7846AM-FL or accessories, $ 750.00 $ 372.00
H P Fast Infrared Connect accessory for the HP Laser Jet 8100 Family
C4103A-FL printers. Allows wireless pdnting from any IRDA Compliant PC or Notebook PC. $ 99.00 $ 55.00
HP t10V PM Kit for Laser Jet 4000 / 4050 Preventive Maintenance Kit with user
C7851A-FL installed replacement parts. $ 350.00 $193.00
37004-10
EEE 1284 A to E Printer Cable. 3 m DB25 male to IEEE-1284 C male. C2951A $ 25.00 $10.00
37004-30
IEEE 1284 A to B Printer Cable, 10 m DB25 male to IEEE-1284 C male.
$ 49.00 ~ 29.00
3827GY-7
7ft. 10/100 Cat5 Patch Cable for HP Network Pdnters
$10.00 $ 5.00
3827GY-25
25ft. 10/100 Cat5 Patch Cable for HP Networ~ Printers
$19.00 $10.00
> EXTCARE-4050 Warranty upgrade onsite labor years 2 and 3
$ 200.00
>EXTCARE-4050T/N Warranty upgrade onsite labor years 2 and 3 $ 260.00
>EXTCARE-4050TN Warranty upgrade onsite labor years 2 and 3 $ 320.00
htrp://customers.pmry, com/ja/stflor/stflorhp.htm 10/23/2000
POMEROY COMPUTER RESOURCES, INC
POMEROY COMPUTER RESOURCES, INC.
ORDERING INSTRUCTIONS
NOTE: ALL ORDERS SHOULD BE DIRECTED TO:
SPUI~S VENDOR NUMBER: F311227808-002
VENDOR: Pomeroy Computer Resources, Inc. (A)
STREET ADDRESS OR P.O. BOX: 3740 S. St. Johns BluffRd., Suite 19
CITY, STATE, ZIP: Jacksonville, FL 32224
TELEPHONE: /904) 565-2300 ext. 342
TOLL FREE NO.: (800~ 864-8684 ext. 342
ORDERING FAX NO.: (904) 565-2312
REMIT ADDRESS: 1020 Petersburg Rd., Accounts Payable
CITY, STATE, ZIP: Hebron, KY 41048
WILL ACCEPT TI-IE STATE OF FLORIDA PURCHASING CARD
PRODUCT
INFORMATION: DIRECT INQUIRY TO:
NAME AND TITLE: Michail Armstrong, Branch Manager
(Rev 25 Aug 99)
ADDRESS: 3740 S. St. Johns Bluff Rd., Suite 19
CITY, STATE, ZIP: Jacksonville, FL 32224
TELEPHONE: (904) 565-2300 ext. 337
(Rev 25 Aug 99)
TOLL FREE NO.: (800) 864-8684 ext. 337
(Rev 25 Aug 99)
URL HOME PAGE ADDRESS: http://www.pomeroy.com
ELECTRONIC MAIL ADDRESS: marmstro _C~omero¥.com (Rev 25 Aug 99)
POMEROY COMPUTER RESOURCES, INC.
AUTHORIZED RESELLERS
Page 1 of 2
http://fcn.state, fl.us/st_contracts/250040991/order26.htm 10/23/2000
POMEROY COMPUTER RESOURCES, INC Page 2 of 2
Unisys Corporation (A)
1545 Raymond Diehl Rd.
Tallahassee, FL 32308
850-298-5645
800-263-9807
850-298-5696 Fax
Contact: Bob Abema~hy
Email: robertab ernathy~unn.un/sys.com
SPURS#:F380387840-002
(Rev 4 Jun 99)
Summit Professional Services, Inc.
and Pomeroy Computer Resources (M)
P.O; Box 13356
Tallahassee, FL 32317-3356
SPURS#: F593400511-002
(Rev 20 Oct 00)
http://fcn.state.fl.us/st_contracts/250040991/order26.htm 10/23/2000
Suite 315
Page 1 of 3
Suite 315
CERTIFICATION OF CONTRACT
TITLE: Computers: Client Server Systems
BID NO.: 31-250-040-B
CONTRACTOR(S): See Attached
CONTRACT NO.: 250-040-99-1
EFFECTIVE: July 1, 1998
through June 30, 2001
(Rev 20 Dec 99)
SUPERSEDES: 250-040-96-1
ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS
WHICH MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OF DAVID
COMER AT (850) 487-4196 SUNCOM 27%4196, E-MAll,
mailto:comerd~dms.state.fl.us
AUTHORITY Upon affirmative action taken by the State of Florida Department of
Management Services on June 30, 1998, a contract has been executed between the State of
Florida and the designated contractors.
EFFECT This contract was entered into to provide economies in the purchase of Client
Server Systems by all State of Florida agencies and institutions. Therefore, in compliance
with Section 287.042, Florida Statutes, all purchases of these commodities shall be made
under the terms, prices, and conditions of this contract and with the suppliers specified.
ORDERING INSTRUCTIONS All purchase orders shall be issued in accordance with
the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive
of all Federal, State and local taxes.
All contract purchase orders shall show the Division of Purchasing contract number,
product number, quantity, description of item, with trait prices extended and purchase
order totaled. (This requirement may be waived when purchase is made by a blanket
purchase order.)
CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform
according to the requirements of this contract on Complaint to Vendor, form PUR 7017.
Should the vendor fail to correct the problem within a prescribed period of time, then form
PUR 7029, Request for Assistance, is to be filed with this office.
SPECIAL AND GENERAL CONDITIONS Special and general conditions are enclosed
for your information. Any restrictions accepted fxom the supplier are noted on the
ordering instructions.
http:/~fcn.state, fl.us/st contracts/250040991/certification.htm 10/23/2000
Suite 315 Page 2 of 3
CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be
used to provide your input and recommendations for improvements in the contract to the
Division of Purchasing for receipt no later than 90 days prior to the expiration date of this
contract.
Authorized Signature
DC/lmb
Attachments
CONTRACTORS:
3Com Corporation
(Rev 19 Aug 98)
ABC Computers, Inc.
(Rev 30 Jun 99)
Acer America
Alcatel
(Rev 6 Dec 99)
American Power Conversion
Amherst Corporate Computer Sales
(Rev 1 Apr 99)
Apple Computer, Inc.
(Rev 20 Dec 99)
Cabletron Systems Sales
and Service, Inc.
(Rev 19 Aug 98)
Cisco Systems, Inc.
(Rev 19 Aug 98)
Comark Government & Education Sales
Compaq Computer Corporation
(Rev 19 Jun 00)
Compucom Systems, Inc.
(Rev 23 Dec 98)
Dell Marketing L.P.
(Rev 6 Dec 99)
Executive Source, Inc.
(Rev 8 May 00)
Gateway 2000 Major Accounts, Inc.
(Rev 1 Aug 00)
Hayes Computer Systems
(Rev 19 Aug 98)
Hewlett Packard Company
(Rev 19 Aug 98)
International Business Machines
(Rev 30 Jun 99)
Lexmark International
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
(A)
http://fcn, state.fl.us/st_contracts/250040991/certification.htm 10/23/2000
Suite 315
Page 3 of 3
(Rev 1 Aug 00)
Lucent Technologies (A)
Marconi Communications (A)
(Rev 6 Mar 00)
NEC Computer Systems Division, Packard Bell NEC, Inc. (A)
Nortel Networks USA, Inc. (A)
Pomeroy Computer Resources, Inc. (A)
Premio Computers Florida, Inc. (A)
(Rev 28 Sep 99)
Silicon Graphics Computer Systems (A)
(Rev 19 Aug 98)
Southern Computer Supplies, Inc. (B)
SUn Microsystems Federal, Inc. (A)
(Rev 19 Aug 98)
TekResource Service Corp. (A)
(Rev 20 Oct 00)
Unisys Corporation (A)
(Rev 30 JUn 99)
ViSara, Inc. (A)
(Rev 1 Aug 00)
WIN Laboratories, Ltd. (C)
http://fcn.state.fl.us/st_contracts/250040991/cerfification.htm 10/23/2000
CONTRACT AWARDS Page 1 of 2 ·
3.1
3.2
4.1
4.2
5.1
5.2
6.1.1
6.1.2
6.2.1
6.2.2
6.3
7.0
8.0
CONTRACT AWARDS
CONTRACT CATEGORIES
DESKTOP MICROCOMPUTERS
PORTABLE MICROCOMPUTERS
WINDOWS NT NETWORK SERVERS
UNIX NETWORK SERVERS
NETWORK COMPUTERS
NETWORK PC'S
LASER PRINTERS
INKJET PRINTERS
STORAGE DEVICES - DISK (magnetic and optical)
STORAGE DEVICES - TAPE DEVICES
MEMORY EXPANSION CARDS
NETWORK CONNECTIVITY DEVICES
UNINTERRUPTABLE POWER SUPPLIES
Contractors
3COM
(Rev 19 Aug 98)
ABC COMPUTER
(Rev 30 Jun 99)
ACER AMERICA
(Rev 28 Sep 99)
ALCATEL
(Rev 6 Dec 99)
AMERICAN POWER
CONVERSION
AMHERST CORPORATE
(Rev 1 Apr 99)
APPLE COMPUTER
(Rev 20 Dec 99)
CABLETRON
(Rev 19 Aug 98)
CISCO SYSTEMS
(Rev 19 Aug 98)
COMARK
COMPAQ
(Rev 19 Jun 00)
COMPUCOM SYSTEMS
(Rev 23 Dec 98)
DELL
(Rev 6 Dec 99)
EXECUTIVE SOURCE INC.
Brand Award Product Categorg
3COM 7.0
ABC 2000 3.1
ACER AMERICA 3.1, 3.2, 4.2
XSrLAN
APC 8.0
MICRONET 6.2.1
APPLE 3.1, 3.2, 4.2
CABLETRON 7.0
CISCO SYSTEMS 7.0
HEWLETT PACKARD 3.1, 3.2, 4.1, 7.0
TOSHIBA 3.2
CANON 6.1.2
COMPAQ 3.1, 3.2, 4.1, 4.2, 5.2,
7.0
AST 3.2
WYSE 5.1
SEAGATE 6.2.1
DELL 3.1, 3.2, 4.1, 4.2
ESQ 3.1
http://fcn, state.fl.us/st_contracts/250040991/price2.htm 10/23/2000
CONTRACT AWARDS
Page 2 of 2
(Rev 8 May 00)
GATEWAY 2000
HAYES COMPUTER
HEWLETT PACKARD
(Rev 19 Aug 98)
IBM
(Rev 30 Jun 99)
LEX/MARK
(Rev 1 Aug 00)
LUCENT TECHNOLOGIES
MARCONI COMMUNICATIONS
(Rev 6 Mar 00)
NEC COMPUTER
(Rev 23 Dec 98)
NORTEL NETWORKS
POMEROY
PREMIO COMPUTERS
(Rev 28 Sep 99)
SILICON GRAPHICS
(Rev 19 Aug 98)
SOUTHERN COMPUTER
SUN MICROSYSTEMS
(Rev 19 Aug 98)
TEKRESOURCE SERVICE
CORP
(Rev 20 Oct 00)
UNISYS
(R~v 30 Jun 99)
wSAR2t
(ROy 1 Aug 00)
WIN LABORATORIES
GATEWAY 2000
INTERGRAPH
HEWLETT PACKARD
IBM
LEXMARK
LUCENT TECHNOLOGIES
MARCONI
COMMUNICATIONS
NEC
NORTEL NETWORKS
liP
NEC
EPSON
MADGE
PREMIO
SILICON GRAPHICS
PROCOM
SONY
EXABYTE
SIMPLE TECHNOLOGIES
TRIPPLITE
SLrN MICROSYSTEMS
TEKRESOURCE
UNISYS
MTX
POWERCOM
3.1, 3.2, 4.2
3.1,4.1
4.2
3.1, 3.2, 4.1, 7.0,4.2
6.1.1,6.1.2
7.0
7.0
3.1,3.2,5.2,4.2
7.0
6.1.1
6.1.1
6.1.2
7.0
3.1
4.2
6.2.1,6.2.2
6.2.2
6.2.2
6.3
8.0
4.2
3.1,5.1
3.1,3.2
5.1
8.0
http://fcn, state.fl.us/st_contracts/250040991/price2.htm 10/23/2000
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
R~quested City Commission - Date Final Form Must be Turned
in to Cite Clerk's Office
November 9, 2000 ~5:00 p.m.)
November 22. 2000 (5:00 p.m.)
December 6. 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Meeting Dates
[] November 21 2000
[] December 5. 2000
[-- December 19. 2000
[] January 2, 2001
Requested City Commission
Meeting Dates
[] January 16, 2001
[] Febmary 6, 2001
[] February 20, 2001
March 6, 2001
V-CONSENT AGENDA
ITEM G
Date Final Form Must be Tamed
in to City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
Febraary 7, 2001 (5:00 p.m.)
February 21, 2001 (5:~0 p.m.)
NATURE OF
AGENDA ITEM
[] Adm/nistrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Heating [] Legal
[] Bids [] Unfinished Business
[] Announcement . [] Presentation
RECC
Motim
related
EXPL
MMENDATION:
to approve Purchase Order issued January 29,2001 to Southern Computer Supplies for 47 Laptop computers and
equipment in the amount o£ $124,895.91 in order to save $12,043.75 prior to commission approval.
kNATION:
Southe~a Computer Supplies will sell the computer equipment off the State Contract List, number 250-040-99-1.
The Laptop computers will be used for the replacement of older Laptops the officers a~e currently using.
Pricing was obtained by three different vendors. Southern Computers using State Contract $124,895.91, Comark
Government Sales quotation $129,191.00 end More Direct quotation $133,444.42.
Cxty M~.ger has given approval for this purchase because of a time restraint we discovered when preparing
for commi~sion~ approval. By issuing a purchase order before January 31,2001 the City realized a savings of $12,043.75 due
to a pri~e increase on February 1, 2001.
/
PROGRAM IMI'ACT:
This w~ll allow the departxnent to purchase grant and city approved computer equipment.
FISCAL IMPACT:
LLEBG 2000LBBX0734 105-3205-513-64-15 $67,189.72
Genera~ Fund Budget 001-2110-521-64-15 $49,103.64
COPSMORE 1999CMWX2785 105-3215~513-64-15 $ 8,602.55
ALTERNATIVES:
Dep~tment Head's Signature
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
City Manager's Signature
Ponce
Deparunent Name
City Attorney / Finance / Human Resources
S:~BULLETIN~FORMS~AGENDA ITEM P~EQUEST FORM.DOC
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
'TO: Kurt Bressner
aria er
Chief of Police
DATE:
SUBJECT:
REFERENCES:
ENCLOSURES:
January 22, 2001 FILE:
Laptop Computer Purchase
This memo is in reference to the purchase of 47 laptop computers and associated hardware to be purchased.
The first account represents the Local Law Enforcement 2000 Block Grant approved spending, the second
from Commission approved budget items for 2000-2001 and the third from COPSMORE 1999 Grant approved
spending. I The total expenditure requested is $124,895.91.
Pricing was obtained by State Contract and individual quotations from three different companies.
The Agenda Item Request Form has the breakdown.
When preparing for the requisition we were advised of a price increase effective February 1, 2001.
Ifa Purchase Order can be issued before this date the City can save $12,043.75. We always have the option
to cancel the Purchase Order if the Commission rejects the award.
Since the funding has been previously approved, I am requesting that a purchase order be issued prior to
January 3!, 2001 so that we may take advantage of a considerable savings. The agenda item for Commission
~approval reflects the fact that the Purchase Order will have been issued prior to their meeting.
Thank you in advance for your consideration.
Southern Computer Supplies, Inc.
1800 Roswell Road, Suite 1060
Marietta, GA 30062
(770) 579-8927 Fax (770) 579-8937
FEI# 58-2214685
vvww.southerncomputers.com
Quotation
95067 I 01112/2001
Sales Reo
Paul Michael
770-579-8927
For Customer #8D3900 Phones
Jim Prestinari Wk 561-742-6167 Fax 561-742-6185
Boynton Beach Police Dept FL
100 East Boynton Beach Blvd
PO # Terms Ship Via
Boynton Beach FL 33435
NET 30
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
1 ) ~ ~47~.oo8
Price Extended
40 2,155.78 86,231.20
COMPAQ - NOTEBOOKS Armada E500 P3-650
12.0gb 64mb 14.1ctft Nic 4x Dvd W21dnt4
This is a discounted pdce good until Jan 31
2) 164764.008 COMPAQ - NOTEBOOKS Armada E500 P3-650 40 2,412.03
12.0gb 64mb 14.1clff Nic 4x Dvd W21dnt4
This is the price after Jan 31 2001
3) FM-AMMEC-36 COMPAQ - SERVICES Maintenance 3yr 40 83.74 3,349.60
Mail-in/service Armada 1100 1500 1700 Sb
M300 150
40~043-B25 COMPAQ - NOTEBOOKS Armada Auto Power 56 93.62 5,242.72
Adapter And Charger For M30O M700 E700
RE-~OOBTX XIRCOM Realport Enet 10/100 16-bit 10/100 40 131.74 5,269.60
Enet
470001.057 COMPAQ - DESKTOPS Deskpro En Sdt P3-733 12 1,20g.50 14,514.00
10gb 128mb 48x Nt 4.0/w2k
~aTag~oo~/ COMPAQ- MONITORS 17in/16v 25mm 5 300.33 1,501.65
1600x1200 65hz V710 Fiat Screen Tco99
BK300C AMEPJCAN POWER CONVERSION Back Ups 5 78.00 390.00
300 300 Va 5 Min Full 2 Outlets
c78-oo483 MICROSOFT MOLP V5.0 GOVT Windows Cai 100 25.11 2,511.00
2000 Gov 5.0
47ooo'1.76'1 COMPAQ- DESKTOPS Deskpro En Sfl' P3-733 12 1,209.50 14,514.00
10gb 128mb 48x Nt 4.0/w2k
~/6f~/5~/.0o~ COMPAQ - SERVERS Proliant MI530 P3-866 2 3,295.38 6,590.76
Xeon 128mb 256k Rack X
128277.B21 COMPAQ - SERVERS 128mb Reg Sdmm Dimm 2 292.52 585.04
133 Mhz
128278..B21 COMPAQ - SERVERS 256mb Rag Sdram Dimm 2 576.05 1,152.10
133mhz
14267'1-B22 COMPAQ- SERVERS 9.1gb Pluggable Wide 18 439.73 7,915.14
Ultra3 Scsi 10k Rpm Universal Ddve
96,481.20
r
Page 1 ( continued
South~ern Computer Supplies, Inc.
1800 Roswell Road, Suite 1060
Marietta, GA 30062
(770) 579-8927 Fax (770) 579-8937
FEI# 58-2214685
www.s0utherncomputers.com
Quotation
Quote # t Date
95067 I 01112/2001
Sales Rep
Paul Michael
770-579-8927
FOr Customer #~D3900 Phones
Jim Prestinad Wk 561-742-6167 Fax 561-742-6185
Boynton Beach Police Dept FL
i 100 East Boynton Beach Blvd
i PO # Terms Ship Via
Boynton Beach FL 33435
NET 30
15)
16)
17)
18)
19)
20)
21)
22)
Part Extended
295643.B21 COMPAQ - SERVER OPTIONS Smart Array 2 1,830.65 3,661.30
3200 Army Pci 2ch 2x 68pin Int/2x Vhdd
Ext/64mb Ecc
COMPAQ - SERVER OPTIONS M1530/m1570 2 159.41 318.82
Redundant Fan Kit
COMPAQ - SERVER OPTIONS MI530/m1570 2 314.82 629.64
Hot Plug Redundart Power Supply Rps
COMPAQ - SERVER OPTIONS MI530 Drive 2 628.33 1,256.66
Cage 6xl Ultra2/3 W/power Supply
MICROSOFT - BACKOFFICE Windows 2000 1 3,344.37 3,344.37
Advanced Server 25c W2k
MICROSOFT - BACKOFFICE Windows 2000 1 846.80 846.80
Server 5c W2k
AMERICAN POWER CONVERSION Smart-ups 2 656.05 1,312.10
1400 Rack Mount
COMPAQ- SERVER OPTIONS Nic Fast Enet 2 93.28 186.56
Pci 10/100 Wol Nc3123 Load Balancing
Etherchannel
COMPAQ - SERVER OPTIONS 20/40gb Internal I 1,770.18 1,770.18
DIt Drive
VERITAS - NSMG Backup Exec Nt/2000 8.5 4 485.00 1,940.00
Server Edition - English
128284-B21
128286001
128288.001
C10-000'10
Cff.OOOf6
SU1400RM2U
174830-B2'1
23) 34o743.B22
24) $~E.N'rSR.OO3a
Inside Sales (800) 591~283)
Inside Sales Fax (888) 591-3280
II
Govern nt Subtotal 261,514.44
Educafi I
Ini.~= I TOTAL $261,514.44
Page 2
H
o~o ~
go~
~ ~6~6
o ~ h L ~ b o ~
§ °
Requested City Commission
Meetin~ Dates
CITY OF BOYNTON BEACH V-CONSENT AGENDA
ITEM I.
AGENDA ITEM QUEST FOR
Date Final Form Must be Tumed
in to Ciw Clerk's Offi. gq
Requested City Commission
Meetine Dates
Date Final Form Must be Turned
in to City Clerk's Office
[] N~vember 21, 2000
[] December 5, 2000
[] December 19, 2000
[] January 2, 2001
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m:)
December 20, 2000 (5:00 p.m.)
[] January 16,2001
[] February 6, 2001
[] Febmary 20, 2001
[] March 6, 2001
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 2 I, 2001 (5:00 p.m.)
NATURE OF
AGE/qDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: In accord with the provisions of Chapter 1.5, Section 3B of the Land Development Regulations, a
morton to establish one regularly scheduled meeting of the Planning and Developmant Board 6n the fourth Tuesday of each
monthL
EXPI ANATION: On December 5, 2000 the City Commission transferred all of the powers and duties of the Planning and
Devel )pment Board to the Community Redevelopment Agency (CRA) for that portion of the city located within the CRA
area. ~s such, the CRA has the responsibility for reviewing and conducting pUblic hearings on all matters involving changes
in lan ? use and zoning for the most diverse and developmentally active area in the city. These include site plan reviews,
maste plan modifications, rezoning requests, and conditional use approvals. In addition, the CRA also has the same quasi-
judici~ t power and authority as the Planning and Development Board when it comes to granting variances and special
exce ions.
Inasm ach as a significant portion of the burden previously borne by the Planning and Development Board is now being
sharer by the CRA, the need for two P&D meetings per month is greatly diminished. Moreover, a survey of 10 neighboring
corem m/ties (see attachment) has revealed that only three have two P&D meetings per month. The other seven, including
the cit es of West Palm Beach, Delray and Fort Lauderdale, have only one Planning and Development Board meeting per
montl: and are not pemeived as being 'hmfriendly" by the development community. In addition, it should be noted that the
staffi~ always prepared to arrange a special P&D meeting should the need arise.
PRO( ~RAM hMPACT: In all cases the research, documentation and related staff work involved in supporting both the
lenmng and Development Board and the Commumty Redevelopment Agency would be conducted by the Planning
Division of the Development Department. This division presently supports two (2). Planning and Devalopment Board
meetings each month. This action simply maintains the current tevel of staff support, using existing resources, with the
CRA and the P&D board each hosting one meeting per month.
FISCJ~L I1M[PACT: N/A
ALT[ RNATIVES: The alternative of maintaining the current P&D schedule and adding a third meeting each month to
provid staffsupport to the CRA can be handled by the present staff, if necessary. However, it would require a significant
increa: in staffresources to avoid a deterioration in the quality of the work prodgct.
mt~4~ Gree~e, D~rector oxiD
· evelopment City Manager's Signature
] Department of Development
Department Name City Attorney / Finance / Haman Resources
S:\BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC
Planning and Development Board Meeting Schedules
For
Selected South Florida Communities
Municipality
Meetinq Schedule
Boca Raton
Deerfleld Beach
Delray Beach
Fort Lauderdale
Greenacres
Jupiter
Lake Worth
Palm Beach Gardens
Pompano Beach
West Palm Beach
Twice Monthly
Once a Month
Once a Month
Once a Month
Once a Month
Once a Month
Twice Monthly
Twice Monthly
Once a Month
Once a Month
Requested City Commission
Meeting Dates
[] November 21, 2000
[] December 5, 2000
[] December 19, 2000
[] sanuary 2, 2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to Cit~ Clerk's Office
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] January 16,2001
[] February 6, 2001
[] Febma~ 20, 2001
[] March 6, 2001
V-CONSENT AGENDA
ITEM H
Date Final Form Must be Turned
in to Cit-/Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (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 ratify City Manager's approval for repair of failed sewer main by Sullivan
Brothers, Inc. of Riviera Beach for the amount of $25,000.
EXPLANATION: The failed sewer main is located in the 2500 block ofN. Seacrest between Gateway Blvd. and NE
26th
Ave. The sewer main failure has created a sinkhole in the easement and is a safety issue to the residents. Also as a
resui~ of the failure, excessive amounts of sand are flowing into the lift station causing pump blockages, The sewer
mai~t has been temporarily bypassed to continue service. The Department, however, does not have the appropriate
equipment or staff to safely effect this repair.
PRO~RAM IMPACT: None
FISCAL IMPACT: Funds are available in account #401-2815-536-46.42, Sewer Main Repairs.
ALTERNATIVES: None. and liability.
~7//~. ~,~This situatiOn must be cOrrected in Order tO prevent further damage,,- ~ -~""' o~ j.,~aa,,,~.~
XC:
Deparffffant H6ad's Signature
UTILITIES
Departraent Name
Mark Law (w/attachments)
Barbara Conboy"
Finance Dept.
File "
City Manager's Signature
City Attorney / Finance / Human Resources
S:~B ULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
¢)
J~:~9.1~.2~1 ~:41F49 SIJLLIV~ ]~RC~., IHC. NO.~9'F8 p.~
01/19/01 3:36
INC.
pROPOSAL
Page
Projec~ :BOYP~PAI
N. SP~CPJ~ST ~VD
Bid Locetion: B019~TON BEACH, FL
Bid date : 1/19/01
Contra=t# =
ITEM / DESCRIPTION
S~ ~PAIR
~EG~ADB BACK YABD AND
1.00
· 1.00 I~
t,00 L~
TOTAL L~P SUM BID: $25,000.00
2471 Port West Blvd. · Riviera Beach, FL 3S407 · (561) 848-B5S6 Fax (561) ~48-5656
3A~.lg. E001 3:41PM SUU_IVA~ BROS., INC. M0.878 P.3/3
Date: 01/19/01 3:36 ~m Page 2
~ ~ PROPOSAL
P=ojeot : BO~PAI
Bid. C~nts~ 1. ~IS PRO~OS~ IS ~E ON D~WING ~P~D B~ ~D DATED=
2. THIS PROPOSAL IS ~ASHD ON USING RXCAVATBD MATERIAL FROM
PIPE TRENCHES/iS BACKPILL.
3. THIS PROPOSAL IS BASED ON OKS MOBILIZATION. P~iCH
ADDITIONAL MOBILIZATION WILL B~ $2000
4. TEIS PROPOSAL SPECIFICALLY EXCLUDES=
~] LAYO~
TESTING LAB FEES
D. BOND ~ItSMIUM (Ay&liable upon request)
E. RRP~.CEMi~I~ OP SOD, TREES AR~ SHRUBS
JAN-22-2001 11:1S BUSINESS INSURANCE SOL. 18008035300
I:RIII'I ;AIb UI' I. IAUILI!Y
5500 ~. ~ ~e, #300
~.0. ~ 5727
Y~. Laude=da~ 1~ 33310-5727
Phone:954-?76-2222 Fax=954-??$-4446
P. 01/01
DATE (MiV~f)
12/'~ 1/o0
THIS CEfl'T~FIGATE i8 ~SUED ~ A ~R OF INF~N
ONLY ~D GONF~ ~ RIG~G U~N THE GE~I~TE
HOLD~ ~lS GE~F~ DO~ N~ ~EHD, ~ND OR
~R ~C~E ~FORD~ BY ~E P~ICIEa ~OW.
INSURERS AFFORDING COVERAGE
GENG~a,L LL~Sa,n~ mo~ Oc.,CU~:~CE $1000000
~~ s2000000
A ~ ~ ~328234 12/0Z/00 12/01/0Z ~
C ~P~ 83016014 04/01/00 04/01/01 ~,~ sl00,000
S~= ~inhen~ce ~: ~o=th ~e~em~ BZ~/~i~r ~pat~ Ci~ of
CERTIFIGATE HOLDER ~xnoNit. ~%IU~ ~, i)~m~ ~ CANCELLATION
ACORD 25-S (~m~ ~ACORD CORPORATION 1Nr#
FROH : Chez Equipment.
°F l CHAZ EQUIPMENT COMPANY,
R I ~0 FAIRLANE FARMS R0. ~16
' WELLINGTON, FLORIDA
mm
PROP~ SU~I~ED TO:
C~ O~ 80~ON U~ A~: TO~ LOM~RDi
3TREET 100 E BOYNTON BEACH BLVO.
CITY BOYNTON BEACH
·
STATE FLORIDA _ _'53475
We belay s~bmit speed, oas ami cstimale tbr:
PROPOSAL
PHONE 389-3S70
JOB NAME 8" ~RAVlTY SEWER
~TREET ~EACREST
CITY BOYNTON BEACH
~an. 11 2{~1 11:SSP, H P2
Page No. 1
DATE 011111/01
IS'lATE ~LORIOA
Rel~ir existing 8" Gravity Sewer approximately 15' deep,
approximately 20 lieear R. in length, located behind exist-
ing residential houses along Seacrest in Village Royale
Lump Sum Price: $29.800.00
Includes: Tree Removal
All Restoration
De-Watering
Afl Material
TWENTY-NINE THOU~,ANO ~ HUNDRED cl ($ 29800.00 ) with ~0~teat to be mnd~. as follows:
FROM : Chaz E. quipmen~
CMAZ EQUiPmENT GOMPANY,
3380 FAIRLANE FARMS R0. $16
WELLINGTON. FLORIDA 33414
PROPOSAL SUBMITTED TO:
~A'[~'~ CITY OF EOYNTON UTIUT~ES ,~TTN: TONY LOMBARDI
STREET 1(30 E BOYNTON BEACH BLVD.
CI'Pf I~OYNTON BEACH
We ~ sa~-~it s~cafions aM e~Jmate for:
FAX NO. : L56i33-SL::~.B0
Jan. ll 2001 11:56P~ P2
PROPOSAL
P'HONE 389-,3S?0
JOE NAME 8" GRAVITY SEWER
STREET SEACREST
CITY EOYNTON BEACH
JDATE
Pa§¢ NO. I ~'~
of 1 ~g'
011t 1/01
tSTATE FLORI. DA
Repair existing 8" Gravity Sewer approximately 15' deep,
approximately 20 linesr ff. in length, located behind exist-
ing residential houses along Seacrest in Village Royale
ai'~a
Lump Sum Pdce:
Includes. Tree Removal
All Restoration
De-Watedng
All Matedal
Excludes: All Permits
$29,80o.oo
We b~mby propose m fmaislt ]altar =nd rn~TeriaIS, complste in aceora*.,~'e with dm above specificatioas, for thc sam of
TWENTY-NINE THOU,~ANO EIGHT HUNDRED dollars ($
with Fa3m~'nt to tm made as follows;
CMdmot Itlml
8EGTION I - 8ANIT&RY 8~ P. EPAJR
~ Mobllizltlo, A DmnobilbMk~
tB. Efl)Jr~ie~y mobilb.lkm/deflmbillz,tlofl
b~, Well Poin~ ~ Coml~ Up to 4Off:
4&. I~t~oe 8~tl~ ~nv~r 8"or lm
~'~ Minimum
· ~. EklvMkm 2.0to 0
b~ Bevaum -.01 to-2.0
c. EIBv/ion ~.01 to-4.0
cL Elevl~xl.4.0t to -~.o
~. BlmldOn -Z01 to-4.0
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b. lSinoh III CUiB
d. ~41mh ell mjb
eA. Fumkh & MMIII T)~01I 2 FoundMIon
WoWOrderM !" NIA
DMI: i 11/3/01
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~ $~
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h,l" ""wr &"tom bv"r Tm
Pnde~ No. ~20 B
7'0. Replace DouMl IMm'il
7D, Rlplse r L.Jlml Blyond t0'
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SECTION Ii - ~TORM SEWER REPAIR
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090800T$~6~6~0~
6,385.00
2~.160.00
VI-CITY MANAGER'S REPORT
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
City Commission . Dat~ Final Form Must be Turned
Meetitm Dat~ in to CRv Clerk's Offic~
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's (3fflee
November 21, 2000
[] December 5, 2000
[] December 19, 2000
Janual3t 2, 2001
Novzxaber 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00
Dee, em~ 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
[] January 16, 2001
[] Felmm~ 6, 2001
[] Febmat3t 20, 2001
[] March 6; 2001
January 3, 2001 (5:00 p.m_)
Januavd 17, 200t (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
Februaxy 21, 2001 (5:00 p.m.)
NATURE OF
AGENDA t'I':cM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION:
City Manager's Report Item - Purchase of 3.5 Acre Parcel North of Intracoastal Park --
Authorization by Resolution and 4/Sths vote needed.
ATION: Item is pending decision by property owner to accept purchase offer of the parcel by the
yaton Beach for $3.4 M. Property owner has another party interested in the purchase of the property and has
advised the City that the option to purchase the property on that contract option expires on 2/5/01. ha the event the contract
,e~.,.pire~ the owner has indicated willingness to sell the subject to the City for $3.4 M payable at closing and subject to a due
diligence period to be exercised by the City.
PROGRAM IM'PACT: Progrem proposel integrates developmem of Intracoastal Park parcel ( 10 acres south of subject
parcel), into a more logical development that provides mixed use and open space amenities. The Intracoestal site is proposed
to be developed (Phase I) via $1.7 M grant from Palm Beach County. Staff is currently preparing letter of intent to the County
for a ~ew Interlocal egreemem for Intraeoastal Park.
/
FISCAL EVIPACT: $3,400,000 from Utility Fund Reserves as loan to City/CRA. Additional site development costs are
being ~eveloped and will probably include grant from Economic Development Administration~
/
AL'rERNATIVES: Do not purchase property and allow property to continue to be operated as a restaurant/club with
pos?~!e negative impact to adjoining residential property to the north. Intraenastal Park would develop as a "stand-alone"
proje~t.
Department Head's Signature
Department Name
City Manager's Signature
City Attorney / Fmanee / Human Resources
P-ESOLUTION NO. R01.~/
A KESOLUTION OF TH~ CITY COMMISSION OF
CITY OF BOYNTON BEACH,
AUTHORIZING TI~ ACQUISITION
APPROXIMATELY 3.09 ACKES OF LAND
EAST OF FEDF.2AL HIGHWAY
INTERSECTION OF N.E. 22~
SCHAGAI, INC. FOR 3.4
DIKECTING THE CITY TO
CONTRACT FOR THE~
SETTING FORTH OF
CONTRACT;
CLERK TO EXECUTE A
AND SALE; AND
OF'
A
WHEREAS, the City
land with adjacent marina,
WHEREAS,
conditions for !
expressed a desire to act
~chagai, Inc.; and
Inc., and the City have agreed upon
afthe land; and
agreed purchase price exceeds the average et
thus necessitating approval by extraordinary vote pursua~
Section 1.
Section 2.
hereby authorizes the acquisition of approximately
particularly described as follows:
NOW, THEREFOKE, BE IT KESOLVED BY TI~ CITY
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
The foregoing WHEREAS clauses are true and
The City Cen~mission of the City of Boynton
3.09 aere:
Lot 6, and the west 326.01 feet of the south 67.29 feet of LOt 5
uire 3.09acres of
ateri~l terms and
two appraisals for
to Florida Statute
3MMISSION OF
~rrect.
Beach
more
md the
the west 94 feet for right-of-way of Stato Road No. 5
BROWN .1RS. HYPOLUXO SUBDIVISION, according to
thereof recorded in Plat Book 1, Page 81, of tho Public Re
Palm Beach County, Florida.
Plus adjacent submerged lands underlying the existing marina
complex.
Section 3. The City Attorney is directed to prepare a con
of the foregoing described property, and all improvements theret~
include the follo~dng material terms:
B.
C.
D.
Purchase Price: 3.4 million dollars
Inspection Period: 60 days
Deposit: $25,000 on execution of A~reement
Sellers Closing Cost:
Cost of providing marketable title
Documentary stamps on Special Warranty Deed
Buyers Closing Cost:
Recording of Deed
Title insurance premium
Survey costs
Phase I or Phase II Environmental Assessment
Section 4. This Resolution shall become effective immedi
f SAM
tae plat
orals of
[ockage
Fact for acquisition
said Contract to
~ort Costs
ely upon passage.
AND ADOPTED this
City Clerk
(Corporat~ Se~)
__ day of February, 2001.
CITY OF BOYNTON BEACH, t LORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
~ommissionor
SCHGAI, nqc. SAlE TO CITY
3.09 ACRES
OPEN TERMS AND CONDITIONS OF SALE
ISSUE
PURCHASE PRICE
FORM OF
CONTRACT
DEPOSIT
DUE AT CLosING
INSPECTIONS
BROKa~'S
COMMISSION
DELINQUENT
REAL ESTATE
TAXES
ENVIRONMENTAL
CONTAMINATION
SCHGAI~
$3,400,000
CONTRACT FOR
PURCHASE AND
SAY.R
· $100,0000 on
execution of
agreement
· $240,000 two day
a~er inspection
period expires
Balance of purchase
price ($3,060.000) plus
½ outstanding rexes,
and closinl~ costs
30 day~: as is
Seller to pay $8~K
Buyer to pay ½ of
$62K
Buyer to assume all
liability
CITY
$3,400,00
OPTION TO
PURCHASE
· $1,000 on
execution of
option contract
· $24,000 on
exercise of option
$1,000,000 at closing,
w/th five year pay out
of balance, unsecur~l
No buyer obligation
Seller' obligation
Evaluate during
inspection period
Requested City Commission
Meetin~ Dates
[] November 21,2000
[] December 5, 2000
[] December 19, 2000
[] Jaa~a~y 2, 2001
VI-CITY MANAGER'S REPORT
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORJVl
· Date Final Form Must be Turned
in to City Clerk's Office
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Coramission
Meetin~ Dates
[] January 16,2001
[] February 6, 2001
[] February 20, 2001
[] March 6, 2001
Date Final Form Must be Turned
in to City Clerk's Office
January 3, 2001 (5:00 p.m,.
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21,2001 (5:00 p.m.).
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Pond "B needs a name.
EXPL3~NATION: Boynton beach's newest recreation area, located on Boynton Beach Boulevard, east of Federal Highway
needs a name and the City is lookLng for your suggestions.
tHE CONTEST:
t. Begins Tuesday, February 6, 2001, and runs through Tuesday, March 6, 2001.
2. Ch6ose a name based on a noteworthy Boynton Beach resident, alive or deceased; with reference to an historical event;
or ~ocal plants and an/reals.
3. Jusiify the name in 50 words or less.
4. Is qpen to residents of Boynton Beach and as a classroom project to students in the City's schools.
THE WlN'NER:
Will be iannounced during GALA weekend, Friday-Sunday, March 16-18, 2001.
THE PRIZE:
A catered ptcmc for the winner and 9friends, or the entrre class, at the pond.
ENTRIEs:
Send W~ed or printed entries, including name, address and daytime phone to:
Name Pbnd "B" Contest
City of Boynton Beach
P.O. Bok 310
Boyato~ Beach, FL 33425-0310
For info~mation call 561-742-6010
S:~BULL~TIN~FORMSXAGENDA ITEM REQUEST FORMiDOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Department Head's Signature
Departmenl Name
City Attorney Finance Human Resources
S:~BULLETIN~FORMSLAGENDA ITEM REQUEST FORM.DOC
VII-PUBLIC HEARING
ITEM A
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission ' Date Final Form Must be Turned Requested CiD Commission
Meeting Dates in to City Clerk's Office Meeting Dates
[] November21 2000 Novemberg, 2000 (5:00p.m.) [] January l6. 2001
[] De~emb~5,'2000 November22,2000 (5:00p.rm) [] February6.2001
[] Decemberlg, 2000 December6,2000 (5:00p.m,) [] February20,200I
[] January2,200l December20.2000 (5:00p.m.) [] Mamh6,2001
[] Adrainistrative []
NATURE OF [] Consent Agenda []
AGENDA ITEM [] Public Hearing []
[] Bids []
[] Announcement []
Date Final Form Must be Turned
in to City Clerk's Office
Janua~ 3, 2001 [5:00 p.m.)
January 17, 2001 (5:00
Febraary 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
Development Plans
New Business
Legal
Unfinished Business
Presentation
RECO~E~ NDATION:. Please place this request on the February 6, 2001 City Coiimiission Agenda under Public
Hearing. The Planning and Development Board with a unanimous vote recommended that the subject request be approved
subjectI to staff comments. For further details pertaining ro this request see attached Department of Development
Memorandum No. PZ 01-007.
EXPLANATION:
PROJECT NAIViE:
AGENT:
APPLICANT:
OWNER:
LOCATION:
DESCRIPTION:
SONNY'S BAR-B-Q
Colleen Carey with Interplan
James F. Moore Jr. w/Wal-Mart Realty Co.
James F. Moore Jr. w/Wal-Mart Realty Co.
Southwest comer of Old Boymon Road and Winchester Park Boulevard
Request for conditional use/site plan approval to construct a 6,103 square foot restaurant with 204
seats and an ancillary drive-through window on a 1.91 acre outparcel of the Wal-Mart Super
Center site.
PROG~I 13'IPACT: N/A
FISCA
ALII
L IMPACT: N/A
',NATIVES: N/A
Planning and ~o-nJng Director
DevelOpment ~Departme~t~irector
City Manager's Signature
City Attomey/ Finance / Human Resources
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Sonny's Bar-B-Q
APPLICANT'S AGENT: Colleen Carey of Interpla~
APPLICANT'S ADDRESS: 2001 SE 10TM Street, Bentonville AR, 72712-6489
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 06, 2001
TYPE OF RELIEF SOUGHT: To construct a drive-thru restaurant.
LOCATION OF PROPERTY: Outparcel in the Wal-Mart Shopping Center to be located South of the
Steak and Shake at the southwest corner of Old Boynton Road and
Winchester Park Blvd.
DRAWiNG(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
x HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
x GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property .shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
EXHIBIT "C"
Conditiong Of Approval
Project name: Sormy's Bar-B-Q
File number: COUS 00-007
Reference: Conditional Use/Site Plan, File # COUS 00-007 with a December 19, 2000 Planning and Zonin,
Department date sram ~rk/ng
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments:
1. Provide a signed agreement between Steak & Shake and Sormy's Bar-B-Q
agreeing to the opening of the vehicular accessway between the two sites. If
an agreement cannot be reached, the location of the dumpster pad will be
~ubject to further review, x
UTILITIES
Comments: NONE x
FIRE
Comments:
2. Prior to construction, a fire hydrant flow test is required - LDR 6-16. x
POLICE
Comments: NONE x
ENGINEERING DMSION
Comments:
3. On the Lighting Plan add a note that the fixtures shall be controlled by
photoelectric switch and to remain on until 2 a.m. [LDR chapter 23, Article
!I]. Also add a note that the lighting design shall provide a minimum
average of one-foot candle at ~ound level, x
BUILDING DMSION
comments:
4. I~ requ/red, at time of permit review, provide a completed and executed City
ity of title form. The form shall describe all lots, parcels of tracts
ombined as one lot. A copy of the recorded deed with legal descriptions of
ach property that is being unified is required to be submitted to process the x
f~rm. The property owner that is identified on each deed shall match.
5. 4t time of permit review, submit a copy of the recorded resolution that x
verifies the abandonment of the 30 foot wide right-of-way or easement.
6. Fo properly determined the impact fees that will be accessed for the one-
Conditions of Approval 2~a Review Cormments Sormy's Bar-B-Q
01/25/01
2
DEPARTMENTS INCLUDE REJECT
story building, the applicant shall provide the following information to the
Palm Beach County Impact Fee Coordinator at 100 Australian Avenue,
West Palm Beach, Ft. 33406. Submit a notarized affidavit on the letterhead
of the property owner, company or association. The letter will list and must
contain an answer to the following questions.
a) Will there be any additional dehveries to the site?
b) Will there be any additional employees to maintain and provide
service to the site.
Please have the applicant provide the City with a copy of the letter that will -
be sent to the impact fee coordinator. To allow for an efficient permit
review, the applicant should request that the county send to City a copy of
their determination of what impact fees are required for the building, x
7. At time of permit review, submit signed and sealed working drawings of the
proposed construction, x
PARKS AND RECREATION
Comments: NONE x
FORESTER/ENVIRONMENTALIST
Comments: NONE x
PLANNING AND ZONING
Comments:
8. Indicate the Land Use designation of the property under "Site Data'. x
9. Identify the loading area on the site plan. Loading area will be a minimum
of 12 feet wide by 35 feet long. If placed on parking spaces, signage will
specify the hours that this space is reserved for loading purposes. The
loading area may be used for regular parking at all other times. (LDR x
Chapter 2, Section 11.J.)
I0. Applicant must submit a "waiver of platting" request, x
11. Entrance drive is measured at 35 feet at the property line. This is greater
than the 32 feet permitted by Code. Approval of the Director of
Development is required or reduce width to 32 feet or less. (Ch. 23, Art. II,
12. Provide a standard parking space detail showing all dimensions in
accordance with City Drawing No. B-90012. x
13. Show on plans and identify accordingly, all landscaping including
shrubs/hedge on the subject property, which has been installed in
conjunction with the Wal-Mart site plan. This landscaping shall be
maintained, x
14. Change note on plant list (for Crepe Myrtle) to show minimum height of 12
Conditions of Approval 2"a Review Comments S0nny's Bar-B-Q
01/25/01
3
DEPARTMENTS INCLUDE REJECT
feet at time of planting per city code. x
15. All required trees must be 12 feet high and have a three- (3) inch caliper at
time of planting. Revise all landscaping notes accordingly, x
16. Windows shall change to storm-proof windows without muntins which will
reduce residential appearance and therefore further improve compatibility of
project with adjacent commercial structures, x
17. To maximize building compatibility, project approval shall include the
stucco facade material as shown on page "PA3" of those plans date stamped
December 19, 2000. x
18. Provide cross-access agreement between Steak & Shake and subject
?roperty as intended by ingress - e~ress easement shown on the surve7 x
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: Subject to staff comments, x
ADDITIONAL CITY COlVlMISSION CONDITIONS
To be determined, x
Jarvq
7.A.2
SONNY'S BAR-B-C~
CONDI'TI'ONAL USE/NEW SI'TE PLAN
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 01-007
TO:
FROM:
DATE:
SUBJECT:
Chairman and Members
Planning and Development Board
Michael Rump~c
Director of Planning and Zoning
January 8, 2001
Sonny's Bar B-Q - COUS 00-007
Conditional Use and Site Plan Approval - Restaurant with drive-through.
PROPOSAL SUMMARY
Contained herein is a description of the subject project. The proposed project will be situated on t.91 acres of
currently vacant property, zoned C-3, Community Commercial District. This outparcel is located on the southwest
comer of Old Boynton Road and Winchester Park Boulevard. in the Wal,Mart Super Center (See Exhibit "A" -
Locatioti Map). The applicant is proposing to construct a 6,103 square foot restaurant with 204 sears and a drive-
through~ facility. It is the driva-through, which is the subject of conditional use approval. The Sonny's Bar B-Q
restaurant proposal is a permitted use and requ/res site plan approval only.
Applicant/Agent:
Project name:
General description:
Property. size:
Land
Current ~oinng:
Locatiorl:
Buildin area:
Sonny's Bar B-Q/Colleen Carey of Interplan
Sonny's Bar B-Q, Restaurant
Conditional use and site plan approval for a restaurant with drive-through.
83,000 square feet ( 1.91 acres).
Local Retail Commercial (LRC)
Community Commercial District (C-3)
Southwest comer of Old Boynton Road and Winchester Park Boulevard
(See Exhibit "B" - Proposed Site Plan):
Sonnv's Bar B-Q with Drive-through 6,103 square feet
TOTAL 6,103 square feet
Surrounding land uses/zoning:
North - Immediately north, Steak'n Shake restaurant zoned Community Commercial (C-3), farther north, right-
of-way for Old Boynton Road and the Boynton Beach Mall, designated Local Retail Commercial (LRC)
land use and zoned Community Commercial (C-3);
Sonny's Bar B-Q - COUS 00-007
Page 2
Memorandum No. PZ 01-007
East - Pdght-of-way for Winchester Park Boulevard, farther east Boynton Commons Shopping Center
designated Local Retail Commercial (LRC) land use and zoned Planned Commercial District (PCD);
South - The Wal-Mart Super Center with Local Retail Commercial (LRC) land use and zoned Community
Commercial (C-3); and
West - The Wal-Mart Super Center with Local Retail Commercial (LRC) land use and zoned C-3.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses
are reqmred 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 1/mited 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 approval, the Board and cormmssion 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 prowsions have been made concerning the following standards, where applicable:
Ingress and egress ro the subject property and proposed structures thereon, with particular reference to
automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or
catastrophe.
The subject property has one point of ingress/egress off of the access road to the Wal-Mart site. This
driveway is located to the south of the site. It is a 35-foot wide opening providing one entrance and one exit
lane. A signed agreement between Steak'n Shake and Sonny's Bar B-Q is recommended to open the
vehicular access way between the two sites. This recommendation is included in Exhibit "C" Conditions of
Approval. Administrative approval will be required for the driveway since it exceeds the 32-foot maximum
opening allowed by the code.
The proposed on-site traffic circulation system consists of one (1), two-way drive aisle 27-.feet wide.
extending from the northern to the southern property line. Connecting to this drive aisle are two (2), two
drive aisles which provide continuous traffic circulation to the parking areas around the Sonny's
restaurant building.
Off-street parking and loading areas where required, with particular attention to the items in subsection 1
above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and
nearby properties, and the city as a whole.
The number of off-street parking spaces provided for the proposed use is 100, including .four (4)
handicapped spaces. A total of 82 spaces are required per code. With respect to a loading area, none has
been identified on the site plan, as required per code. However, a 12-foot wide by 35-foot long loading
area mast be provided as specified in Exhibit "C" Conditions of Approval. If proposed parking spaces are
Sormy,s Bar B-Q - COUS 00-007
Page 3
Memorandum No. PZ 01-007
to be used for the loading area, appropriate signage should specify the hours that this space is reserved for
loading purposes. The loading area may be used for regular parking at all other times.
The drive-through~ which is proposed as an ancillarv use to the Sonny's Bar B-Q restaurant, would have
negligible effects on nearby properties. Being located along the north and east side of the property, it will
not be highly visible from Old Boynton Road and Winchester Park Boulevard. The !2-foot landscape buffer
with a continuous line of existing and new trees along the eastern property line will further mitigate any
possible impacts. Negative effects such as glare and noise from other proposed uses, will be alleviated by
that landscape buffer.
In terms of economic impact on the city us a whole, theproposed Sonny's Bar B-Q restaurant should have
a minimal impact but with the recent operational changes announced by Motorola, any investment,' which
would help create employment opportunities~ will have beneficial effects for the city. The Sonny's Bar B-Q
~restaurant will provide an additional choice for residents and visitors in search of a culinary diversity.
Refuse and service areas, with particular reference zo the items in subsection I and 2 above.
There is one (1) dumpster proposed on the site plan. The dumpster is located in the parking area on the
west side of the Sonny's Bar B-Q restaurant. It will be screened and landscaped per code requirements.
~Utitities, with reference to locations availability, and compatibility
Utilities are available and to be provided consistent with Comprehensive Plan policies and city
regulations.
Screening, buffering and landscaping with reference to type, dimensions, and character.
The project perimeter landscaping includes a 12-foot wide buffer along the eastern 6fronO property line; a
26-foot wide buffer along the western (rear? property line; a 10-foot wide buffer along the northern (side)
I;roperty line and an l l~foot wide buffer along the southern (side) property line. Buffer olantines include
es placed a minimum of 32- feet on center and a continuous hedge of varying specids. The °number of
es for perimeter landscaping significantly ~rceeds code requirements. However, staff is recommending
lhat the landscaping which has been installed in conjunction with the Wal-Mart site plan be maintained, us
per Exhibit "C" Conditions of Approval.
Extensive foundation landscaping is provided around all sides of the building. The drive-through window
located on the western building elevation is buffered by a continuous hedge, a small grouping of palm trees
qnd a row of parking.
igns, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
qompatibility and harmony with adjacent and nearby properties.
~t the time of permitting, security lighting levels will be evaluated for excessive glare. It is recommended
that the light levels not exceed building code maximums.
~wo wall signs and one freestanding monument sign have been submitted for review. Sonny's Bar B-Q
estaurant will feature two (2) wall signs, one above the main entrance (south elevation) and the other sign
the eastern elevation, facing Winchester Park Boulevard. The proposed wall signs and the freestanding
ign meet the allowable requirements including sign face area and height dimensions as set forth in the
and Development Regulations, Chapter 21.
Sonny's Bar B-Q - COUS 00-007
Page 4
Memorandum No. PZ 01-007
10.
ll.
12.
Required setbacks and other open spaces.
The required setbadks for a C-3 zoning district are: 26 feet for the front yard; zero feet for the side yard
and 20feet for the rear yard. The proposed project exceeds these requtrements. The peripheral greenbelt
dimensions as well as the vehicular use area landscaping meet the code. The total lot coverage is
approximately seven (7) percent, well below the 40percent maximum set by the code.
General compatibility with adjacent property and other property in the zoning district.
The Wal-Mart Super Center design standards generally consist of terra cotta and earth tones for the roofs,
pale earth tones and pastels for the primary building and various brtghter accent colors on building signs.
Individual buil&'ngs with corporate or trademarked colors are permitted as part of the accent colors on
buildings, but as long as the corporate colors do not represent extreme color contrast and are limited to the
entrance areas and signage.
The exterior building colors of the proposed Sonny's Bar B-Q restaurant, including body, trim and roof
colors are a composition of tan, oyster, morocco red, white, and Chicago rustic brick. In general the
proposed project is compatible with surrounding developments such as the Wal-Mart Super Center and the
Boynton Commons shopping center.
Height of building and structures, with reference to compatibility and harmony to adjacent and nearby
properties, and the city as a whole.
The proposed Sonny's Bar B-Q restaurant is designed as a one-story building. The proposed height of the
building is approximately 25feet 5 tnches. The maximum height allowed per code for commercial zoning
districts is 45feet. The proposed height is compatible with nearby properties,
Economic effects on adjacent and nearby properties, and the city as a whole.
As stated in the Section 2 above, any negative effects such as glare and noise, will be alleviated by both a
12-foot landscape buffer along Winchester Park Boulevard and by a 26-foot landscape buffer along the
western property line. In terms of economic impact on the city as a whole, the proposed Sonny's Bar B-Q
restaurant shouM have a minimal impact but with the recent operational changes announced by Motorola,
any investment, which wouM help create employment opportunities, will have beneficial effects for the ci(v.
The Sonny's Bar B-Q restaurant will provide an additional choice for the residents and visitors in search of
a culinary diversity.
Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19,
Article II of the City of Boynton Beach Code of Ordinances (Part III Chapter 4 Site Plan Rev/ew).
With incorporation of staff comments, the proposed project will comply with all requirements of applicable
sections of city code.
Compliance with, and abatement of nuisances and hazards in accordance with the performance standards
within Section 4 of the zoning regulations; also. conformance to the City, of Boynton Beach Noise Control
Ordinance
With tncorporation of all conditions contained herein, the use would operate in a manner that is tn
compliance with the above-referenced codes and ordinances of the Ci.ty of Boymon Beach.
Sonny's Bar B-Q - COUS 00-007
Page 5
Memorandum No. PZ 01-007
RECOMMENDATION
This request is being review'ed as a conditional use due to the presence of a drive-through window, proposed as an
ancillary use to the primary use of the Sonny's Bar B-Q restaurant. As per staff analysis, the potential negative
impacts of the proposed facility within the Wal-Mart Super Center site are well mitigated.
Based on the discussions contained herein, compliance with development regulations, and the consistency with the
Comprehensive Plan, staffrecommends that this request be recommended for approval conditioned upon satisfying
all conditions of approval as contained in Exhibit "C'. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2
Conditional Uses, a time limit 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 (this time limit applies only to the drive-through
portion Cf the restaurant). As long as 25% or more of the total cost of the improvements are completed within one
(1) year, this condition is met.
Attachments
LOCATION MAP
Sonny's Bar B-Q Restaurant
EXHIBIT "A"
4.00.:300 FEET ,
EXHIBIT "B'°
Nd~q'[~d,t. 67,dK3~ m
EXHIBIT "B"
C)
City of
BOynton Beach
100 E. Boj, nton Beach Boulevard
P.O. Box 310
Boj, nton Beach, Flot~da 334~$-0310
, .of_~ o/tae ci~ n.ome~
($61) 742.6050
FAX: ($61) 742-6054
VIII-FUTURE AGENDA ITEMS
ITEM
January 22, 2001
VIA FACSIMILE (410) 379- 5735 AND (240) 568- 0084 AND CERTIFIED MAll,
Mr. Carl Brokdoff
C/o National Fitness Network
14059 Vista Drive
#140B
Laurel, Maryland, 20707
Re:
Notice of noncompliance with Orbits conditional use approval
i Dear Mr. Bmckdoff:
!On January 9, 2001 this Office notified you of your failure to maintain the operational
I~e°ntr°l mandated by the conditional use approval of the Orbit nightclub. Since then
i neither this Office nor the Police Department has heard fi:om you regarding your failure
to comply with conditions imposed by the City Commission.
[Since we have not receiVed a response fi:om you, the City is going to place this matter on
Ithe City Commission's February 20, 2001 agenda and request that the conditional use
approval of the nightclub be rescinded. A rescission of the conditional use approval will
l trigger a revocation of the occupational license as well
City Attorney
HOnorable Mayor and the City Commission
Kurt Bressner, City Manager
Marshall Gage, Police Chief
Equal Opt~o~tunitylAffirmative Action/ADA Employer"
Requested City Commission
Meeting Dates
[] November 21,2000
[] December 5, 2000
[] Deeember 19, 2000
[] January 2, 2001
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] January 16,200I
[] February 6,2001
[] February 20, 2001
[] March 6,2001
X-NEW BUSINESS
ITEM A
Date Final Form Must be Turned
in to City Clerk's Office
January 3,200I (5:00 p.m.)
January I7, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
Febmmy 21,200I (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Admmisrrauve
[] Consent Agenda
[] Public Hearing
[] Bids
[] Development Plans
[] New Business
[] Legal
[] Un£mished Business
[] Presentation
RECOMMENDATION:
EXPLANATION:
PROGRAM IMPACT:
Schedule Special City Commission Meeting.
The candidates' qualification period closes at 12:00 noon on Tuesday,
February 13m, The ballot information containing the names of the
candidates must be forwarded to the Supervisor of Elections by S:00
p.m. on Friday, February 16, 2001. Please schedule a five-minute
meeting to approve these nominations and election proclamation.
A suggestion would be to conduct this meeting either prior to, or
immediately following the Agenda Preview Conference that will be held
on February 1S, 2001.
FISCAL IMPACT:
ALTERNATIVES:
Sue Kruse, City Clerk
City Manager's Signature
City Clerk's Office
Department Name
City Attorney / Finance / Human Resources
01/17/2001 12:33 PM
]mp
\\ch\maln\$hrdata\cc\wD\ccagenda\agenda request memos\request for special meeting to approve list of candidates & read prodam.dot
S 5BULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC
X-NEW BUSINESS
ITEbl B
CITY OF BOYNTON BEACH ',,', ' '
AGENDA ITEM REQUEST FORM
l~quested City Commission - Date Final Form Must be Turned
Meefin~ Dates in to City Clerk's Office
Requested City Commission Date Final Form Must be Turned
Meefin~ Dates in to CiW Clerk's Office
[] N~vember 21, 2000
[] D{cember 5, 2000
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
[] January 16, 2001
[] February 6, 2001
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
[] December 19, 2000
[] January 2, 2001
December 6, 2000 (5:00p.m0
December 20, 2000 (5:00 p.m.)
[] February 20, 2001
[] March 6, 200l
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
[] Adrainigtrative [] Development Plans
NATIirRE OF [] Consent Agenda [] New Business
AGE~iDA ITEM [-- Public Hearing [] Legal
I~ Bids [] Unfinished Business
[-- Announcement [] Presentation
RECOMMENDATION:
Recommend approval of American Heart Association's Special Event application request to conduct the American Heart Association
Heart Walk on February 24, 2001 at Quantum Corporate Park Trail and Motorola property.
EXPLANATION:
This isi a 6K walk. The purpose of this event is for participants to walk to raise awareness and money for cardiovascular disease and stroke.
The walk will start and finish at Motorola This is the 9* year this event has taken place. The American Heart Association has agreements
with the Quantum commumty Development District and Motorola for the use of the areas that the walk encompasses. The City of
Boynton Beach is a certificate holder for the insurance on this event.
PROG~IAM IMPACT:
The A~erican Heart Association has requested that the City of Boynton Beach provide the following at no cost. An EMS vehicle and
param,qdic personnel throughout the event, and Police officers and explorers to assist with crowd and traffic control and security. The
svreets ~vill remain open to vehicular traffic, with one small section on High Ridge Road, narrowed from two lanes to one. Participants will
walk on the sidewalks and have police officers to assist with crossing the streets as needed.
FISCAL IMPACT: ,
Both {~hief Bingham and Chief Gage have allocated the resources necessary to accommodate the American Heart Association s request.
The total estimated cost to provide these in -kind services is $ 652.
ALTERNATIVES:
1. App[ove request without offering the Police and Fire Department's assistance
2. Deny special event permit
Recreation Department
Department Name
City Attorney / Finance / Human Resources
S:kBULLETIN~ORMSkAGENDA ITEM R2EQUEST FORM.DOC
CITY OF BOYNTON BEACH SPECIAL EVENTS SECTION
APPLICATION FOR SPECIAL EVENTS
Please type information or print legibly in dark ink.
Application must be filled our completely: A detailed site map showing all temporary sU'ucmre locations (stages,
restrooms, signage, tents, etc.) must be attached. Application fee must also be included when application is turned
in to theSpecial Events Section or it will not be reviewed.
EVENT PROPOSAL
Event Day I
Event Day 2
Event Day 3
Event Day 4
Event Day 5
Date Day
Set up for event will begion on
Bt~akdown will be eomplet~ by
Alternate date for your event
Date I~ [ ~.~,/tnt
Begin End
-- OAM OPM O AM OPM
-- O AM O PM OAM OPM
OAMOPM -- Oz~MOPM
OAMOPM OAM OPM
Time
Organization (s) Producing Event
Phone ~[}
[Mividual(s) Re~ible
Smt~Zip gL .~1
Ph~e {~&t) ~q~ - 0170
Pl~e ~te Non-Pmfi~ ~v~ or ~i~
T~ Ex~ N~
~on
Date of Inen~en
c~fi~ m the applicon.
Address
City
State/Zip
Phone
Fax
Name
Address
City
State/Zip
Ch' tg I"ta hall
Phone
Fax
Number of years this event has taken place in the City of
Boynton Beach. ~ ~,~.~o.~
ls.e. vent pmduced in other ciities? ~ Ify;z, whatcifias? ~r~n,~.~etel~; ~/~'4"~lm ~ll~t~JC}.
How ~y ~11 time ~mmbm in ~e o~mi~tion? ~ Volute? ~0
~v~ed 1/l 1/99 8
Cf fY OF BOYNTON BEACH SPECIAL EVENTS SECTION
APPLICATION FOR SPECIAL EVENTS
Esiimated number of participants
Please list charges for parficipams and viewers below (admission, registration, or enWanee fees)
Vendor Fees Number Cost Per Vendor Estimated Revenue
Food Vendors
Art Vendors (other)
Tickets/Reg~sU'a~en Number
Cost per
Ticket/Reg~swation Fee
Estimated Revenue
Adults iq
Children
Seniors
How ~ill these revenues be utilizecl?
If~ ~oc~ of~ requ~t~ ev~t ~ int~d~ for ~ ~s**~en oth~ ~ ~ ~li~ pl~e ~de ~eYollo~ng
~o~on:
B~fi~g o~i~:
Address: City/State/Zip:
Contact Person: Phone:
Terms of Agrenment:
Total Estimated Donation:
Event Logistics:
Will ;your event requ/re mad closure? ._.~_~._ If Yee, please desur/be requested streets and timee below:
A map of this area must be attached
Doeeithe pwposed area nclude fenced arees9 t~o If "*o clearl- indicat
are sveemc requirements regarding fencing on city property. , ,
Events requlnng elestnclty must h~re an electrician, hcensed in the City of Boynton Beach. (Please show locations on map)
-"] ............. ~ ~ompany~Name Phone No.
The e~ent promoter is responsible for clean-up of all event sites. The City of Boynton Beach will provide dumpsters for your
event ~ your request, all dumping fees will be charged t~ the promoter by the city. If event sit~ is not cleaned thoroughly, a
ciean-~p charge will be assessed. Who will provide cienn-up servien during and afar the event?
Numbi~r of dumpsters needed: M/& Location (please sh°w on map):
Number of tempurary restmom facilities being placed:
· (The n~inimum n, umber of facilities should be one per 200 ~, ~. Please show on locations map)
Will n~sic be provided · YES O NO Number of loud speakers:
DATE TIME OF DAY TYPE OF MUSIC
Revised I/11/99
9
Will beverages be served? 0 Alcohol 0 Food
('Please Inthcate the locanens of these area/booths on the slte map. P~amss~on to sell alcohol on public property must be given by
the City Commission.)
Are you utilizing public transportation? O YES ~ NO How? Please ~xplain.
Are you proposing m pla~. signs or erect banners on public prop~-W? O YES · NO
Will tho event have any vendors or concession sales?. 0 YES ~ NO Please indicam
Will the eyant include amusement fides? 0 YES ~ NO If yes, company
providing the
equipment
What amusement rides are plann~l?
(All am~usement fides must b~e approved by the sram. Please indicaie on site map)
Pies.se enclosc a nan-refundable $25 application fee payable to
The City of Boynton Beach
Special Events O~co
I00 E. Boynmn Beach Blvd.
Boynton Beach, FL 33425-0310
(561) 7426222
Date
FOR STAFF USE
DATE APPLICATION RECEIVED
O SALES TAX
CERTIFICATE
O APPLICATION FEE AMOUNT: $
RECEIVED:
DATE:
NAME ON CHEC~
CHECK #:
APPROVALS:
DEPARTMENT OF DEVELOPMENTS
FIRE DEPARTMENT
POLICE DEPARTMENT
RISK MANAGEMENT
PUBLIC WORKS
LEISURE SERVICES
Revised 1/l 1/9!)
SIGNATURE
SIC~ATUR.E
SlG~-o~l~
SI~I~TUP.~
SIGNA~
DATE
DATE
DATE
DATE
XI'-LEGAL
CITY OF BOSTON BEACH
AGENDA ITEM QUEST
Requested City Comrrdssion Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Offic~ Meeting Dat¢_s
[] No~ember 21, 2000 Novemberg, 2000 (5:00p.m.) [] JanuaryI6,200l
[] DeCemberS, 2000 November22,2000 (5:00p.m.) [] February6,2001
[] De~emberl9,2000 December6,2000 (5:00p.m.) [] February20,2001
[] January2 2001 December20,2000 (5:00p.m.) [] March6,2001
i [] Admir~i~trafive []
NATURE OF [] Consent Agenda []
AGENDA ITEM. [] Public Hearing []
[] Bids []
[] Announcement []
Date Final Form Must be Turned
in to City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
Development Plans
New Business
Legal
unrra/shed Business
Presentation
~REcCeO~41VI~NDA,.TION: Please place the attached ordinance on the February 6, 2001 City Commission agenda
r Legal, Ordinances-Second Reading. This item was approved on First Reading on January 16, 2001. staff
recommends that this ordinance be approved, which inserts sound analysis requirements into the conditional use
proces~ applicable to nightclubs.
EXPL~
Devek
summ~
expect
change
Throul
anew:
submit
analysi
compli
~ATION: As you may recall, an ordinance was recently adopted that amended within the Land
>merit Regulations, definitions for restaurants and bars/lounges, and added a definition for nightclubs. In
y, these changes are in preparation for the possible increase in demand for such nightclub uses, which are
~d to accompany the ultimate increase in city-wide and downtown redevelopment. Furthermore, these
s are intended to provide the clarification necessary to differentiate between a restaurant and bar/lounge.
h the processing of this previous ordinance, along with the processing of a conditional use application for
fightclub (e.g. The Orbit)' the city realized the need for detailed sound analysis requirements to be
:ed as part of a conditional use apphcation for a nightclub. The subject ordinance will require that sound
be based on specific materials and the operational characteristics of the proposed business, and confirm
ncc with city noise standards.
PROG] lAM IMPACT: N/A
FISC% IMPACT: N/A
ALTEt NATIVES: Not adopt or revise proposed ordinance.
i Pl~nni-ng and ~oning D~
I Dev[t0Pm~nt l~e~azTtrnant Director
Cxty Manager's S~gnature
City Attorney / Finance / Human Resources
X/-LEGAL
ITEM A, 1
ORDINANCE NO. 01-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA AMENDING THE CITY
CODE OF ORDINANCES, CHAPTER 2, "ZONING",
SECTION 11.2, "CONDITIONAL USES" CREATING
PARAGRAPH 13, TO PROVIDE THAT APPLICATIONS FOR
NIGHTCLUBS, BARS, AND OTHER SIMILAR
ESTABLISHMENTS SHALL INCLUDE ACOUSTIC SOUND
ANALYSIS TO DEMONSTRATE THAT SOUND SHALL NOT
ESCAPE ESTABLISHMENTS; PROVIDING FOR CONFLICTS,
SEVERABILrrY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS. staff has recommended an amendment to the Conditional Uses section of the
City's Code of Ordinances to ensure that sound emitting from nightclubs, bars and similar
establishments would not interfere with quiet enjoyment of adjacent property owners;
WI4EREAS, upon recommendation of staff, the City Commission of the City of Boynton
Beach has deemed it to be in the best interests of the citizens and residents of the City of Boymon
Beach to amend the Conditional Uses section of the Code to provide thal all cdnditional use
applications for nightclubs, bars and similar establishments shall provide acoustic sound analysis to
ensure compliance with City's Acoustic Code, Part II, Chapter 15, section 15-8.8 and performance
standards established under Part 1II, Chapter 2, Zoning, section 4 (lq).
NOW THEREFORE, BE IT ORDAENED BY 'rile CITY COMMISSION OF TH~:
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are tree end correct and are now ratified and
confirmed by the City Commission.
Section 2. Creating paragraph 13, 'Chapter 2, amending thc Conditional Uses section of the
Code, in underline type as follows:
13. REQUIRED ANALYSIS
All conditional use applications for bars, nightclubs and similar establishments shall
include the following analys~s:
A. Data on thc sound emitting devices/equipment and the methods and materials to be
used to assure that the acoustic level of the CiW Code will be met.
B. The analysis shall specify the authorit~ and/or basis for determination of' the
acoustic level of the sound emitting devices/e0uipment.
C. The analysis of any sound retention, reduction or reflection shall
include in/brmation such as the nature, types and coefficients of sound absorbent and sound-
reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and
floors and insulation to be used.
D. It shall also verify that sound standards shall be met during the
normal openint of doors for people entering and exiting the establishment.
Section 3. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 4. Authority is hereby given to codify this Ordinance.
Section 5. This Ordinance shall become effective immediately.
FIRST READING this I(~ day of January, 2001.
SECOND, FINAL READING AND PASSAGE this __ day of January, 2001.
CiTY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
cornrmssioner
Commissioner
A'I-rI~ST:
City Clerk
s:ca~ordkAcoustic Sound Ordinance 120600
XI-LEGAL
~" ', ~w '~ ~ ITEM A.2
CITY OF BOYNTON BEACH CITY (:L~R;i'S OFFIOE
AGENDA ITEM REQUEST FORM 0i JA,~ 18 PM 5:03
Requested City Commission Date Final Form Must be Turned Requested City Conm~ssion
Meefin~ Dates in to City Clerk's Office Mecfin~ Dates
[] November21,2000 November9,2000 (5:00p.m.) [] January l6, 2001
[] December5,2000 Novembec 22, 2000 /5:00p.m.) [] February6,2001
[] Decemberl9.2000 December6,2000 (5:00p.m.) [] Febmary20,2001
[] January2,2001 December20,2000 (5:00p.m.) [] March6.2001
[] Administrative []
NATURE OF [] Consent Agenda []
AGENDA ITEM [] Public Hearing []
[] Announcement []
Date Final Form Must be Tumed
in to City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
Development Plans
New Business
Legal
Unfinished Business
Presentation
RECOMMENDATION: Please place this request on the February 6, 2001 City Commission Agenda under Legal,
Ordinagces ..... - Second Reading. As you may recall, this request was approved on First Reading at the Januar] 16, 2001 City
ComrmSsaon meeting. The Planmng and Development Board vath a vote of 7-0 recommended that the subject request be
approved (there are no conditions recommended by staff nor the Planning and Development Board).
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PARKING REQUHtEMENTS (ONE BEDROOMfEFIqCIENCY APARTMENTS)
Kilday & Associates, Inc.
Wood Panners
The west side of SW Sa Street, approximately 1/8 of a mile north of Woolbright Road.
Request to amend Chapter 2. Zoning, Section 11. H to require that minim parking requirements
for one-bedroom and efficiency units be changed from 2 spaces for the first 10 units to 1.5 spaces,
and that Chapter 2.5 Planned Unit Development, Section 9.C be amended to reference the park/rig
requirements within Chapter 2, Zoning, Section ll.H.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: Not adopt or remse proposed ordinance.
Plannirtg and Zonir~ ]~irector
Dev l~(tfiSm beparmient !Director
City Attorney / Finance / Human Resources
ORDINANCE NO. O 01-
XI-LEGAL
ITEM A.2
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 2 - ZONING, OF THE BOYNTON BEACH LAND
DEVELOPMENT REGULATIONS, 11. SUPPLEMENTAL
REGULATIONS H. PROVISION OF OFF-STREET PARKING
SPACES, AND CHAPTER 2.5 PLANNED UNIT
DEVELOPMENTS, SECTION 9. INTERNAL PUD
STANDARDS; PROVIDING FOR AN AMENDMENT TO
MINIMUM PARKING REQUIREMENTS FOR ONE
BEDROOM/EFFICIENCY APARTMENTS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, staff has recommended an amendment t'o the City's zoning code
:o amend certain sections of the Land Development Regulations to provide that
'ninimum off-street parking requirements for all multi-family developments shall be
Jniform, whether in a Planned Unit Development er in a conventional multi-family
~_oning district, and that the requirements shall be based on the number of bedrooms
3er unit; and
WHEREAS, upon recommendation of staff, the City Commission of the City
3f Boynton Beach has deemed it to be in the best interests of the citizens and
-esidents of the City of Boynton Beach to amend the City's Land Development
Regulations;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
I'HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now
~tified and confirmed by the City Commission.
Section2. That Chapter 2. Section 11. Supplemental regulations H.
revision of Off-Street Parking Spaces is hereby amended by adding the words and
figures in underlined type and by deleting the words and figures in struck-through
LTpe, as follows:
H. PROVISION OF OFF-STREET PARKING SPACES.
16.
a. Dwellings, lodging and other buildings for habitation:
(1)
(2)
(3)
Single-family and duplex dwellings; Two (2) parking
spaces per dwelling unit
Two or more bedroom apartments: Two (2) parking
spaces per dwelling unit.
One-bedroom and efficiency apartments: T'.:'c (2) I
~One and one half (1.5) parking spaces per
dwelling unit for each efficiency and/or one-bedroom
apartmentS.
Section 3. That Chapter 2.5 Planned Unit Developments, Section 9.
Internal PUD Standards. C. OFF-STREET PARKING AND REQUIREMENTS. is
3ereby amended by adding the words and figures in underlined type, and by deleting
Ihe words and figures in underlined type, as follows:
C. OFF-STREET PARKING AND REQUIREMENTS. Off-stri~et parking
r~,k~...~ .,...., .....~.;.... and loading requirements shall be-~everaed-by
~k..... .... ~.......~ .... v..~...~......'~; ..... be in accordance with the off-street parkinq
requirements within Chapter 2. Zoninch Section 11 .H.
Section 4~ Each and every other provision of the Land Development
Regulations not herein specifically amended, shall remain in full force and effect as
3dginally adopted.
Section 5. All laws and ordinances applying to the City of Boynton Beach
n conflict with any previsions of this ordinance are hereby repealed.
Section 6. Should any section or provision of this Ordinance or any portion
lhereof be declared by a court of competent jurisdiction to be invalid, such decision
;hall not affect the remainder of this Ordinance.
Section 7. Authority is hereby given to codify this Ordinance.
Section 8. This Ordinance shall become effective immediately.
FIRST READING this i(,, day of January, 2001
SECOND, FINAL READING AND PASSAGE this
February, 2001.
~,TTEST:
3ity Clerk
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: CODE REVIEW -OFF-STREET PARKING PUD (for efficiency and one-
bedroom apartments)
APPLICANT'S AGENT: Chris Kerr, Kilday and Associates, Inc.
APPLICANT'S ADDRESS: 21135 White Oak Ave., Boca Raton, Florida 33428
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 16, 2001
TYPE OF RELIEF SOUGHT: Code Review - Off-Street Parking PUD
LOCATION OF PROPERTY The west side of SW 8th Street, approximately 1/8 of a mile north of
Wootbright Road.
DRAWING(S): SEE EXHIBIT ~B" Aq-I'ACHED HERETO.
THIS MA-Fi'ER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Plann ng and Deve opment Board, which Board found as follows:
OR
iX 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
reliet~ sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
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 "C" 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
DATED:
City Clerk
EXHIBIT "D"
Conditions of Approval
Project name: CODE REVIEW - OFF-STREET PARKING PUD
File number: CDRV 00-014
DEPARTMENTS I iNCLUDE I REJECT
PUBLIC WORKS
Comments: NONE
X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DIVISION
Comments: NONE X
BUILDING DMSION
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
I. To be determined.
P~quested City Corrm~ssion
[] November 21, 2000
[] December 5, 2000
[] D~¢ember I9,2000
[]
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to Cit-/Clerk's Office
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meetin~ Dates
[] January 16, 2001
[] February 6, 2001
[] February 20, 2001
[] March 6, 2001
XI-LEGAL
ITEM B.1
Date Final Form Must be Turned
in to City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
NA'I IRE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] UnfmishedBnsiness
[] Announcement [] Presentation
RECOMMENDATION: Motion to approve Ordinance on First Reading, to amend the Comnprehensive Plan Future Land
Use Map from Local Retail Commercial to High Density Residential for 14.18 acres of land, (Woods Painters) lying on the
West Side of SW 8t~ Street approXamately 1/8 mile north of Woolbright Road.
EXPLANATION: This Ordinance will amend Ordinance No. 01-03 winch was passed and adopted on January 16, 2001.
That Ordinance must be amended to correct several scrivemer's errors. The passage of tins Ordinance should address all of
the inconsistencies.
PROGRAM EVIPACT:
FISCAL IMPACT:
ALTERNATIVES:
Department Head's Signature
City Attorney
Department Name
City Manager's Signature
City Attom//p / Finance / Human Resources
S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 0 01-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLOR/DA, AMENDING
ORDINANCE NO. O 01-03 REGARDING THE 14.18 ACRE
PARCEL, LOCATED ON THE WEST SIDE OF SW 8T~
STREET, APPROXIMATELY 1/8 MILE NORTH OF
WOOLBR/GHT ROAD; AMENDING ORDINANCE 89-38
OF SAID cI-rY BY AMENDING THE FUTURE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN OF THE CI'TY
BY ADOPTZNG THE PROPER LAND USE OF CERTAIN
PROPERTY, MORE PARTICULARLY DESCRIBED
HEREINAFTER; SAID LAND USE DESIGNA'rION IS
BEING CHANGED FROM LOCAL RETAIL COMMERCIAL
(LCR) TO HIGH DENSI'DY RESIDENTIAL (HDR);
PROVIDING FOR CONFLICTS, SEVERABIUTY AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Flor. ida has
idopted a Comprehensive Future Land Use Plan and as part of said Plan a Future
Land Use Element by Ordinance No. 89-38 in accordance with the Local Government
Comprehensive Planning Act; and
WHEREAS, the procedure for amendment of a Future Land Use Element of
Comprehensive Plan as set forth in Chapter 163, Florida Statutes. has been
followed; and
WHEREAS, the subject proposal would amend a 14.18 acre tract from Local
Retail Commercial (LRC) to High Density Residential (HDR); and
WHEREAS, after public headng and study, the City Commission deems it in
the best interest of the inhabitants of said City to amend the aforesaid Element of
the Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE 11' ORDATNED BY THE CTFY COMMZSSZON OF
THE cTrY OF BOYNTON BEACH, FLORZDA, THAT:
Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the
following:
That the Future Land Use of the following described land shall be designated
as High Density Residential. Said land is more particularly described as follows:
Tract F, WOOLBI~GHT PLACE PLAT 1, according to the Plat thereof as
recorded in Plat Book 67, Page ~,7 through 49 in the Public Records of Palm
Beach County, Florida.
Said lands lying and situate in Palm Beach County, Florida, containing
617,577 square feet, 1,~.18 acres, more or less.
Section 2: That any maps adopted in accordance with the Future Land Use Element
shall be amended accordingly.
Section 3: All ordinances or parts of ordinances in conflict herewith are hereby
Irepealed.
Section 4: Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this Ordinance.
Section 5: The effective date of this plan amendment shall be the date a final
order is issued by the Department off Community Affairs, or Administration Commission
finding the amendment in compliance in accordance with Section 163,3184(1)(b),
Florida Statutes, whichever occurs earlier, No development orders, development
)ermits, or land uses dependent on this amendment may be issued or commence
)efore it has become effective, If a final order of noncompliance is issued by the
Adminisbation Commission, this amendment may nevertheless be made effective by
adoption of a resolution affirming its effective status, a copy of which resolution shall
be sent to the Florida Department of Community Affairs, Division of Resource Planning
~nd Management, Plan Processing Team,
FIRST READING this day of February, 2001.
SECOND, FZNAL READING and PASSAGE this ~ day of ,200l.
CTI'Y OF BOYNTON BEACH, FLOR[DA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
(Corporate Seal)
s:ca\ord\Wood Partners-14.18 acrO1Z301