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Agenda 07-15-03The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA JULY 15, 2O03 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLTC PART~CTPAT~ON AT CITY OF BOYNTON BEACH COMMTSSTON MEET/NGS 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 ]:terns: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda :l:tems: 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. SPEAKING AT COMMZSS'rON MEE'I~NGS: 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 citizen 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 :~tems: 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. ADDRESS'rNG THE COMM~SS~'ON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. 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 Beach 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). CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA July 15, 2003 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation/Moment of Silent Prayer C. Pledge of Allegiance to the Flag led by Commissioner McKoy D. IF YOU WISH TO ADDRESS THE COF,1HISSZON: · FILL OUT THE APPROPRIATE RE(~UEST FORM · GIVE z'r TO THE CITY CLERK (ON THE DATS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COt-tPLETED · COYlE TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME 'rNDZV'rDUALS HAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II, OTHER: A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNZTY & SPECZAL EVENTS, & PRESENTA'rZONS: A. Announcements: 1. Special City Commission Meeting regarding Budget - July 16, 2003 at 3:00 p.m. in the Library Program Room 2. Special City Commission Meeting regarding Budget (if necessary) - July 17, 2003 at 3:00 p.m. in the Library Program Room B. Community and Special Events: 1. "America's Night Out Against Crime" - August 5, 2003 Agenda Regular City Commission Meeting Boynton Beach, Florida 3uly 15, 2003 C. Presentations: 1. Proclamations: a. Recreation & Parks Month - July 2003 ~V. ADM:[N[STRA'I'~VE: A. Accept resignation of Clifford A. Royael, Alternate Member of the Community Relations Board B. Accept resignation of Herb Suss, Regular Member of the Library Board C. Accept resignation from Shanna St. John, Regular Member of the Advisory Board on Children & Youth D. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date Mayor Broening Advisory Bd on Children & Youth Alt 1 yr term to 4/04 ! Weiland Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 I! McCray Advisory Bd on Children & Youth Reg 2 yr term to 4/04 IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/04 Tabled (2) IV McKoy Cemetery Board Alt i yr term to 4/04 Tabled (2) Mayor Broening Cemetery Board Reg 3 yr term to 4/06 IV McKoy Community Relations Board Alt i yr term to 4/04 IV McKoy Education Advisory Board Alt 1 yr term to 4/04 Mayor Broening Education Advisory Board Stu 1 yr term to 4/04 Mayor Broening Golf Course Advisory Committee Reg 5 yr term to 6/08 Tabled (3) !V McKoy Library Board Reg 3 yr term to 4/06 Tabled (3) Mayor Broening Library Board Reg 3 yr term to 4/04 IV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/05 I Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 ! Weiland Senior Advisory Board Alt I yr term to 4/04 Tabled (3) 2 Agenda Regular City Commission Meeting Boynton Beach, Florida .luly 15, 2003 V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. City Commission Capital Improvement Projects Workshop of June 10, 2003 2. Agenda Preview Conference of June 16, 2003 3. City Commission Land Development Regulations Workshop of June 17, 2003 4. Regular City Commission Meeting of June 17, 2003 5. Special City Commission Meeting of July 1, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 1. Approve the renegotiation of a ! year contract in the amount of $89,800 for Financial Auditing Services to CALER, DONTEN, LEVl:NE, DRUKER, PORTER, & VEIL, P.A. of West Palm Beach, Florida, for the fiscal year ended September 30, 2003 (Proposed Resolution No, RO3-1Og) 2. Approve the "piggy-back" on the three-year contract of Solid Waste Authority of Palm Beach County, to Phillips & Jordan, ]:nc. of Zephyrhills, Florida, for Debris Collection and Disposal 2003 Hurricane Season (all expenses will be reimbursable through FEMA; therefore, there is no expenditure) (Proposed Resolution Noi R03-110) 3. Award the Bid for the "ANNUAL CONTRACT FOR MFD]:CAL AND DRUG SUPPL]:ES,' Bid #069-1412-03/JA, to various vendors with an estimated annual expenditure of $35,000 4. Award the bid for "ANNUAL SUPPLY OF METAL CONTATNERS AND ROLL- OFFS'; Bid #057-2510-03/C3D to INDUSTRIAL REFUSE SALES, of Eaton Park, Florida, in the amount of $100,000 5. Award Bid #058-24:[3-03/C_,]D, Poinciana Heights Water Main Replacement Project, to AKA Services, ]:nc., in the amount of $616,:[15 plus owner's contingency of 10% for a total project budget appropriation of $677,726.50 (Proposed Resolution No. R03-111) 6. Award the "]:NSTALLA'I-[ON OF A S]:DEWALK ALONG THE NORTH S]:DE OF N.W. 4th AVENUE, FROM SEACREST BOULEVARD TO GALAXY ELEMENTARY SCHOOL, AND THE ]:NSTALLA'I-[ON OF AN ACCESSTB]:LI'I-Y 3 Agenda Regular City Commission Meeting Boynton Beach, Florida ~luly 15, 2003 SIDEWALK AT SARA SIMMS MEMORIAL PARK" in the amount of $75,059.25 7. Award the bid for "TWO-YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS," Bid #062-1412-03/C]D to SPECIAL PRODUCTS GROUP of Boynton Beach, Florida, with an estimated annual expenditure of $250,000 - This bid is being appealed to the City Commission by Martin's Uniforms C. Resolutions: 1. Proposed Resolution No. R03-112 Re: Release of a cash bond of $495 to LM Development for the project known as Inches-A- Weight 2. Proposed Resolution No. R03-113 Re: Release of a cash bond of $1,340 to Venture Realty, Thc. for the project known as East Coast Furniture 3. Proposed Resolution No, R03-114 Re: Accepting Letter of Credit No. 3056469 with amendment no. ! from Bank of America in the amount of $5,997 as surety for the satisfactory performance of the sewer improvements for the project known as Ocean Cay 4. Proposed Resolution No. R03-115 Re: Release of cash surety in the amount of $2,500 for the Boynton Lakes Plat 5 Subdivision 5. Proposed Resolution No, R03-116 Re: Full release of the remaining surety for the sewer system improvements for the project by the Town of Hypoluxo, known as Hypoluxo Point, in the amount of $80,000 6. Proposed Resolution No, R03-117 Re: Full release of the remaining surety for the water and sewer system improvements for the project known as island Reach Apartments, and refunding the cash surety in the amount of $25,278 to the original developer, Island Reach Partners, Ltd. 7. Proposed Resolution No, R03-118 Re: Accepting Letter of Credit No. 28686/100 from Fidelity Federal Bank & Trust in the amount of $75,431 as surety for the satisfactory performance of the water and sewer improvements for the project known as Survivors Charter School (Quantum Park Lots 18, 19, 18A & 19A) 8. Proposed Resolution No, R03-119 Re: Agreement for Water Service Outside the City Limits with Brian Spence as owner for the Agenda Regular City Commission Meeting Boynton Beach, Florida 3uly 15, 2003 property located at 1095 .lames Road, Lantana, Florida (Lots 22 & 23 Hypoluxo Ridge) 9. Proposed Resolution No, R03-120 Re: Reduction of the surety requirement covering the water and wastewater systems for the project known as Artesa/.]onathan's Creek by the amount of $345,636, resulting in a revised surety amount of $18,200 10. Proposed Resolution No. R03-121 Re: Reduction of the surety requirement covering the water and wastewater systems for the Medical Arts Professional Center project by the amount of $96,497.10, resulting in a revised surety amount of $5,100 11. Proposed Resolution No, R03-122 Re: Extension and Amendment to Agreement between the City of Boynton Beach and Paul W. Smith Enterprises, ]:nc., d/b/a Boynton Transit Advertising regarding bus shelters and bus benches 12. Proposed Resolution No, R03-123 Re: Ratification of the collective bargaining agreement between the City of Boynton Beach and the Police Benevolent Association - Police Lieutenants 13. ]:ntentionally left blank 14. Proposed Resolution No, R03-124 Re: First Amendment to the ]:nterlocal Agreement established by R01-337 between the City of Boynton Beach and the Municipal Public Safety Communications Consortium for the construction and implementation of its Countywide ]:nteroperable Radio Communications System 15. Proposed Resolution No, R03-125 Re: Release of two cash bonds, totaling the sum of $7,580.10, to Vitcar Consulting Co., ]:nc. for the project known as Medical Arts Professional Center, located at 2300 S. Congress Avenue 16. ]:ntentionally left blank 17. Proposed Resolution No, R03-126 Re: Approval of Task Order No. 25 in the amount of $1,285,947 (plus an owner's contingency of 5% for a total budget appropriation of $1,350,244.35) with CH2M Hill, ]:nc. to provide final design, permitting, bidding and construction phase services for Phase 2 of the Central Seacrest Corridor Stormwater ]:mprovements and Water Main Replacement project (formerly Neighborhood 7/8/9) 5 Agenda Regular City Commission IVleeting Boynton Beach, Florida 3uly 15, 2003 18. Proposed Resolution No. R03-127 Re: Release of restoration surety of $11,000 for Boynton Beach Market Place (Waters Edge Marina, Inc.) D. Ratification of Planning & Development Board Action: 1. Ed Carey Design (I~ISPI~I 03-002), 2600 High Ridge Road - Request for a major site plan modification to construct a 1,940 square foot building addition to be used as a showroom for an existing 5,605 square foot business on 1.77 acres in the PID zoning district (Quantum Park PID) 2. Renaissance Commons (NWSP 03-007), 1500 Gateway Boulevard - Request for site plan approval for a mixed use project consisting of a 10,662-square foot commercial building combined with 8 townhouse units, a l-story 4,338 square foot commercial building, 250 apartment units, 2 parking garages, and 242 fee-simple townhouse units in a C-3 zoning district on 28.368 acres 3. Seacrest f4edical Tower (HTEX 03-004), NE corner of SF 23r~ Avenue and Seacrest Boulevard - Request for a height exception of 8 inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of the decorative roof for the elevators to be 35' 8' in height, a distance of 8 inches above the 35-foot maximum height allowed for a building with under building parking in the C-1 zoning district E. Ratification of CRA Action: 1. Phillips Tndustrial Park (NWSP 03-003), Lots 4 and 5, West ]~ndustrial Avenue Request for site plan approval for a 14,480 square foot office/warehouse building, 6 material storage bins, and related site improvements on a 1.43-acre lot in the M-1 Industrial zoning district 2. The Paving Lady (NWSP 03-008), 1000 W. Tndustrial Avenue - Request for site plan approval for construction of a 12,480 square foot industrial building, with related site improvements on a 1.44-acre lot in the M-1 Industrial zoning district F. Approve the petition from Dennis Leahy, representing Encore Sedan-Limousine Service vehicle for hire business, for a Certificate of Public Convenience and Necessity G. Authorize the Utilities Department to turn over $130,561.06 in unpaid Utility and Refuse billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance for Uncollectible Account by that same amount Agenda Regular City Commission Meeting Boynton Beach, Florida 3uly 15, 2003 H. Approve the "SURPLUS EQUIPMENT LIST" as submitted by staff and allow for disposal of same I. Allocation of $1,000 of Community Investment Funds for the American Legion Baseball State Tournament (Commissioner Ron Weiland) .1. Accept the written report to Commission of purchases over $10,000 for the months of May and .lune 2003 for informational purposes K. Allocation of $5,000 of Community Investment Funds for the YMCA Partners with Youth Program and $4,000 for the Community Caring Center (Vice Mayor Ferguson) L. Approve the excavation permit for removal of approximately 85,000 cubic yards from Tract ".1" and Lot 34-C for additional stormwater detention necessary for continued development on the north half of the Quantum Park Development M. Status report on proposed purchase of 4 parcels for NE 7th Street Area Water Main Replacement and Stormwater Improvement Project N. Approval of the plat of Boynton Beach Woolbright Parcel subject to approval by the City Engineer O. Approval of the plat of Hawk's Landing P.U.D. subject to approval by the City Engineer VZ. CODE COMPLTANCE & LEGAL SEI'rLEMENTS: A. Authorize a court ordered mediation settlement with Deborah Green, Plaintiff, in the amount of $45,000 (initial demand at mediation was $100,000) B. Authorize a court ordered mediation settlement with Thomas Frank Brown, Plaintiff, in the amount of $11,000 (initial demand at mediation was $100,000) C. Accept request for a "partial release" of lien for the vacant lot known as Lot 16, Block 1, Lake Addition VZ]. PUBLZC AUD:I:ENCE: ZNDI¥]:DUAL SPEAKERS WZLL BE LZMZ'rED TO 3-MINUTE PRESENTA'F~ONS VZTT. PUBLZC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS A. Project: Seacrest Medical Tower (COUS 03-006) Agent: Francisco A. Solis Owner: Francisco A. Solis Location: Northeast corner of SE 23rd Avenue and Seacrest Boulevard 7 Agenda Regular City Commission Meeting Boynton Beach, Florida 3uly 15, 2003 Description: Request for conditional use/new site plan approval for the construction of a 9,746 square foot medical office building on a 0.60-acre parcel in the C~1 zoning district B. Project: Villas at (~uantum Lakes Phase !!! (ABAN 03-003) Agent: Robert S. Fike Owner: Quantum Lakes Villas :[T, Corporation Location: South of Gateway Boulevard; West of High Ridge Road Description: Request for abandonment of a 12-foot wide utility easement as required for the construction of the recreation area of Phase T]~T of the apartment complex C. Project: Boynton Beach Marina Townhomes (COUS 03-003) Agent: Lawrence .lustiz, The Related Group Boynton Beach, LTD Owner: TRG-Boynton Beach Ltd Location: 743 NE First Avenue Description: Request for conditional use/site plan approval for the construction of 11 three-story townhouse units on 7.349 acres in the Mixed Use-High (MU-H) zoning district D. Two Special Warranty Deeds conveying title to the Boynton Beach Faith Based Community Development Corporation (CDC) for: Lot 2, less the East 2.35' and West 1', Block 13, Rolling Green Ridge Seacrest Addition; and Lot 20, Block 25, Rolling Green Ridge First Addition (Proposed Resolution No. R03-128) E. Public Hearing on the Section 108 Loan Application for the Heart of Boynton Community Redevelopment Project F. :[ntentionally left blank G. Deny the appeal of a bid protest from CONDO ELECTRTC & TNDUSTRTAL SUPPLY, :[NC. for the "PURCHASE OF TWO NEW AND UNUSED 110HP SUBMERSTBLE WASTEWATER PUMPS," Bid #027-2822-03/C]D and accept the recommendation of City staff and the City Manager H. Approval of the City of Boynton Beach One-Year Community Development Block Grant Action Plan for FY 03/04, to include sub-grantees and contracts (Proposed Resolution No. R03-129) CI'FY MANAGER'S REPORT: A. Discussion of Marina Development Agreement ('TABLED B. ]~ntentionally left blank 8 Agenda Regular City Commission Meeting Boynton Beach, Florida July 15, 2003 C. Authorize the Urban Group to move forward with land acquisition for a NE Fire Station site as per the intent of the fire assessment capital improvement project D. Follow-up on proposed purchase of 5.5 acre Florida Inland Navigation District parcel on South Federal Highway (]jaycee Park Parcel) X. FUTURE AGENDA TrEMS: A. Presentation of Recreation & Parks Department Work Plans that were developed as a result of the Comprehensive Needs Assessment conducted in November 2001-April 2002 (August 5, 2003) B. Proposed Lease Agreement with Boynton Woman's Club (August 5, 2003) C. Proposed Modifications to City Personnel Policy Manual - Annual Update (August 5, 2003) D. Annual Update of City Pay Classification Plan (August 5, 2003) E. Proposed Ordinance regarding Political Signs (August 5, 2003) F. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (August 19, 2003) G. Follow-up Meeting with CRA on Development Issues (August 2003) H. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (Summer 2003) I. 1~ Public Hearing regarding Budget (September 4, 2003) .1. First Budget Hearing (September 9, 2003) K. Second Budget Hearing (September 16, 2003) L. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with ]juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) XI. NEW BUS~NESS: A. Authorize designation of Commissioner Carl McKoy as voting delegate to the Florida League of Cities Annual Meeting, August 14-16th B. Review the compensation level of the Mayor and City Commission 9 Agenda Regular City Commission Meeting Boynton Beach, Florida 3uly 15, 2003 C. Authorize Legal Staff to draft an ethics ordinance covering the City Commission, advisory boards, and staff XII. LEGAL: A. Ordinances - 2"d Reading - PUBLIC HEARING None B. Ordinances - 1~t Reading 1. Proposed Ordinance No. 03-035 Re: Abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Block 4, Lake Addition to Boynton, and the replacement with a utility easement (DeLorenzo Abandonment) C. Resolutions: 1. Proposed Resolution No. R03-:130 Re: Establishing the estimated assessment rate for Fire Rescue Assessments for the fiscal year beginning October 1, 2003; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of notice thereof 2. Proposed Resolution No. R03-131 Re: Calling for an in- precinct election to seek referendum approval for the issuance of general obligation bonds in the amount of $11,075,000; providing ballot language; providing the election shall be held November 4, 2003; directing the City Clerk to provide a certified copy of this resolution to the Supervisor of Elections; and authorizing the City administration to do all things necessary to effectuate the intent of this resolution D. Other: None XIII. UNFINISHED BUSINESS: A. Discussion regarding Commissioner's attendance at a Workforce Alliance Board of Directors meeting 10 Agenda Regular City Commission Meeting Boynton Beach, Florida 3uly 15, 2003 X~LV. AD3OURNMENT: NO'I~CE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE C1TY COMMISSION WITH RESPECT TO ANY MAII'ER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE cl-rY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY 'FO AFFORD AN INDIVIDUAL W~TH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN]OY THE BENEFITS OF A SERV~CE~ PROGRAM~ OR ACT[Vi-fY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PR]OR TO THE PROGRAM OR ACT[V~FY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg F?NALAGENDA 7/14/2003 5:30 PM S:\CC\WP\CCAGENDA~AGENDAS\Year 2003\071503 final agenda.doc 11 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA July 15, 2003 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation/Moment of Silent Prayer C. Pledge of Allegiance to the I=la~e~ bI C~lqi~ssi~nlr McKoy D. ZFY W HT ~ · -- - : , FILL OUT THE AP~~~F~ · G~E ~ ~ ~ ~ ~ ~) BEFORE THE "OPENINGS" POR~ON OF TH~ ~qN~$ ~ ~ C~PL~ED ' CO"E TO ~,E P1D~~ ~.AYOR ~LLS YOUR NA.E ZND~DUALS H AK FOR THREE UNZNTERRU~ED HZNUTES. E. Agenda Approval: Additions, Deletions, Co~e~ions 2. Adoption ZZ. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. Special City Commission Meeting regarding Budget - July 16, 2003 at 3:00 p.m. in the Library Program Room 2. Special City Commission Meeting regarding Budget (if necessary) - July 17, 2003 at 3:00 p.m. in the Library Program Room B. Community and Special Events: 1. "America's Night Out Against Crime" - August 5, 2003 Agenda - Regular City Commission Meeting Boynton Beach, Florida .luly 15, 2003 C. Presentations: 1. Proclamations: a. Recreation 8~ Parks Month - 3u1¥ 2003 IV. ADMTNTSTRATI~E: y~ A. Accept resignation of Clifford A. Ro lember of the Community Relations Board ~~be~ B. Accept resignationi S g ~ the Library Board C. Accept r~r]i Regular Member of the Advisory Board on D. Appoint~.~ ~ Appointment Length of Term To Be Made Board Expiration Date Mayor Broening Advisory Bd on Children & Youth Alt 1 yr term to 4/04 I Weiland Advisory Bcl on Children & Youth Stu/NonVoting 1 yr term to 4/04 1:I McCray Advisory 13cl on Children & Youth Reg 2 yr term to 4/04 IV McKoy Bldg. Bd of Adj & Appeals Alt I yr term to 4/04 Tabled (2) IV McKoy Cemetery Board Alt I yr term to 4/04 Tabled (2) Mayor Broening Cemetery Board Reg 3 yr term to 4/06 IV McKoy Community Relations Board Alt 1 yr term to 4/04 IV McKoy Education Advisory Board Alt 1 yr term to 4/04 Mayor Broening Education Advisory Board Stu 1 yr term to 4/04 Mayor Broening Golf Course Advisory Committee Reg 5 yr term to 6/08 Tabled (3) IV McKoy Library Board Reg 3 yr term to 4/06 Tabled (3) Mayor Broening Library Board Reg 3 yr term to 4/04 IV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/05 I Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 I Weiland Senior Advisory Board Alt I yr term to 4/04 Tabled (3) 2 Agenda Regular City Cofl~mission HeeUng Boynton Beach,. Florida 3uly 15, 2003 ** V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. 1. City Commission Capital lp ~en r 'ects Workshop of June 10, 2003 2. Agenda Pr~n 3. City~.C,.o,,mr~ ~n~i ~e~ ,I(~pn~ent Re{ J~tions Workshop of June 17, 4. ~0'Je~:.~l~r~ily C~'/n~i~'g~l' lt~ of June 17, 2003 5. l.l:~! .(~t~r c~~ M,_eting of July 1, 2003 B. Bids an~..Po~as~l:ontracts - Recommend Approval - Ail expenditures are approve~ln, tl~e 2002-2003 Adopted Budget 1. Approve the renegotiation of a i year contract in the amount of $89,800 for Financial Auditing Services to CALER, DONTEN, LEVINE, DRUKER, PORTER, & VEIL, P.A. of West Palm Beach, Florida, for the fiscal year ended September 30, 2003 (Proposed Resolution No, R03- ) 2. Approve the "piggy-back" on the three-year contract of Solid Waste Authority of Palm Beach County, to Phillips & Jordan, Inc. of Zephyrhills, Florida, for Debris Collection and Disposal 2003 Hurricane Season (all expenses will be reimbursable through FEMA; therefore, there is no expenditure) (Proposed Resolution No. R03- ) 3. Award the Bid for the "ANNUAL CONTRACT FOR MEDICAL AND DRUG SUPPLIES," Bid #069-1,~12-03/JA, to various vendors with an estimated annual expenditure of $35,000 a,. Award the bid for "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL- OFFS'; Bid #057-2510-03/CJD to INDUSTRIAL REFUSE SALES, of Eaton Park, Florida, in the amount of $100,000 5. Award Bid #058-2't13-03/CJD, Poinciana Heights Water Main Replacement Project, to AKA Services, Inc., in the amount of $616,115 plus owner's contingency of 10% for a total project budget appropriation of $677,726.50 (Proposed Resolution No, R03- ) 6. Award the "INSTALLATION OF A SIDEVVALK ALONG THE NORTH SIDE OF N.W. 4t~ AVENUE, FROM SEACREST BOULEVARD TO GALAXY ELEMENTARY SCHOOL, AND THE INSTALLATION OF AN ACCESSIBILITY 3 Agenda - Regular City Co_remission MeeUng Boynton Beach, Florida July 15, 2003 '- SIDEWALK AT SARA SIMMS MEMORIAL PARK" in the amount of $75,059.25 C, Resolutions: 1. Proposed Resolution No. R03- Re: Release of a cash ~,..~~0.1' known as bond of $495 to LM Development for 'ect Inches-A- Weight :2. Proposed Resolution.~l~). P3-r-"~: I IRe.lease of a cash bond of $1,3q0 to Venture Ri!~L~ tii~ th~L~roj"ect known as East Coast Furnitur(L~f~ ~ 3. ~ ti Re: Accepting Letter of ~nt no. 1 from Bank of America in the im for the satisfactory performance of the sewer i ~eL0~ r~ ,roject known as Ocean Cay 4. ed Resolution No. R03- Re: Release of cash in the amount of $2,500 for the Boynton Lakes Plat 5 Subdivision 5. Proposed Resolution No. R03- Re: Full release of the remaining surety for the sewer system improvements for the project by the Town of Hypoluxo, known as Hypoluxo Point, in the amount of $80,000 6. Proposed Resolution No. R03- Re: Full release of the remaining surety for the water and sewer system improvements for the project known as Island Reach Apartments, and refunding the cash surety in the amount of $25,278 to the original developer, Island Reach Partners, Ltd. 7. proposed Resolution No. R03- Re: Accepting Letter of Credit No. 28686/100 from Fidelity Federal Bank & Trust in the amount of $75,431 as surety for the satisfactory performance of the water and sewer improvements for the project known as Survivors Charter School (Quantum Park Lots 18, 19, 18A IA 19A) 8. proposed Resolution No, R03- Re: Agreement for Water Service Outside the City Limits with Brian Spence as owner for the property located at 1095 .lames Road, Lantana, Florida (Lots 22 lA 23 Hypoluxo Ridge) 9. proposed Resolution No. R03- Re: Reduction of the surety requirement covering the water and wastewater systems for the project known as Artesa/.lonathan's Creek by the amount of $345,636, resulting in a revised surety amount of $18,200 4 Agenda _. Regular City Commission MeeUng Boynton Beach, ~lorida .luly 15, 2003 '- 10. Proposed Resolution No. R03- Re: Reduction of the surety requirement covering the water and wastewater systems for the Medical Arts Professional Center project by the amount of $96,497.10, resulting in a revised surety amount of $5,100 11. Proposed Resolution No. R03- Re: Extension and Amendment to Agreement between th Ci~i,t~f Boynton Beach and Paul W. Smith Enterprises, Inc., d/b/a BoyrC~rFTra~it Advertising 12. Proposed Re,lution,,~l~. R.~-~-~I~ IRe: Ratification of the collective bargaining a~ree~e@t I~l;~eer~ b~e City of Boynton Beach and the P°lice ~e~nt/L~at~Onr~l~olice~.~utena nts 14. Irr~pc~ll~oll~o~Nd. R03- Re: First Amendment to esr. ab,shed by R01-337 between the Oty of  ;~ ueach and the Municipal Public Safety Communications Intero :ium for the construction and implementation of/ts Countywide ,perable Radio Communications System 15. Proposed Resolution No. R03- Re: Release of two cash bonds for Medical Arts Professional Center, Ltd. 16. l:ntentionally left blank 17. Proposed Resolution No. R03- Re: Approval of Task Order No. 25 in the amount of $1,285,9~,7 (plus an owner's contingency of 5% for a total budget appropriation of $1,350,2~.35) with CH2M Hill, ]~nc. to provide final design, permitting, bidding and construction phase services for Phase 2 of the Central Seacrest Corridor Stormwater ]~mprovements and Water Main Replacement project (formerly Neighborhood 7/8/9) 18. Proposed Resolution No. R03- Re: Release of restoration surety of $11,000 for Boynton Beach Market Place (Waters Edge Marina, Znc.) D. Ratification of Planning & Development Board Action: 1. Ed Carey Design (MSPM 03-002), 2600 High Ridge Road - Request for a major site plan modification to construct a 1,940 square foot building addition to be used as a showroom for an existing 5,605 square foot business on 1.77 acres in the PTD zoning district (Quantum Park PIED) 2. Renaissance Commons (NWSP 03-007), 1500 Gateway Boulevard - Request for site plan approval for a mixed use project consisting of a 10,662-square foot commercial building combined with 8 townhouse 5 Agenda Regular City Co~mmission Meeting Boynton Beach, Florida 3uly 15, 2003 " units, a I-story 4,338 square foot commercial building, 250 apartment units, 2 parking garages, and 242 fee-simple townhouse units in a C-3 zoning district on 28.368 acres 3. Seacrest Medical Tower (HTEX 03-004), NE corner of SE 23rd Avenue and Seacrest Boulevard - Request for a height exception of 8 inches pursuant to the City's Landi~nt Regulations, Chapter 2, Zoning, Section 4.F.2, to allow ~e decorative roof for the elevators to be 35' 8" in height. 8 inches above the 35-foot maximum height allowed~or; under building parking in the C-1 zoning district. //~ 1. P I~alj~N~ 03-003), Lots 4 and 5, West Industrial i~es~/foJ site )lan approval for a 14,480 square foot e S'e~ding, 6 material storage bins, and related site on a 1.43-acre lot in the M-1 Industrial zoning district 2. e Paving Lady (NWSP 03-008), 1000 W. Industrial Avenue Request for site plan approval for construction of a 12,480 square foot industrial building, with related site improvements on a 1.44-acre lot in the M-1 Industrial zoning district F. Approve the petition from Dennis Leahy, representing Encore Sedan-Limousine Service vehicle for hire business, for a Certificate of Public Convenience and Necessity G. Authorize the Utilities Department to turn over $130,561.06 in unpaid Utility and Refuse billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance for Uncollectible Account by that same amount H. Approve the "SURPLUS EQU1~PMENT L~ST" as submitted by staff and allow for disposal of same I. Allocation of $1,000 of Community Investment Funds for the American Legion Baseball State Tournament (Commissioner Ron Weiland) .1. Accept the written report to Commission of purchases over $10,000 for the months of May and .lune 2003 for informational purposes K. Allocation of $5,000 of Community Investment Funds for the YMCA Partners with Youth Program and $4,000 for the Community Caring Center (Vice Mayor Ferguson) 6 Agenda .. Regular City Co ~mmission Meeting Boynton Beach, Florida July 15, 2003 '- L. Approve the excavation permit for removal of approximately 85,000 cubic yards from Tract ,,j, and Lot 34-C for additional stormwater detention necessary for continued development on the north half of the Quantum Park Development M. Status report on proposed purchase of 4 parcels for NE 7th Street Area Water Main Replacement and Stormwater ~[mprovement Project N. Approval of the plat of Boynton Beach W~l~Cel subject to approval by the City Engineer O. Approval of the plat of Hawl~ndll iect to approval by the City VI. CODE COMP[ f; A. Authori: ~ ~ ~iiat~6'~ settlement with Deborah Green, Plaintiff, in the am~ demand at mediation was $:~00,000) B. Authori: a-'t/ourt ordered mediation settlement with Thomas Frank Brown, Plaintiff , the amount of $11,000 (initial demand at mediation was $100,000) C. Accept request for a "partial release" of lien for the vacant lot known as Lot Block 1, Lake Addition PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS VIII. PUBLIC HEAR/NG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Seacrest Medical Tower (COUS 03-006) Agent: Francisco A. Solis Owner: Francisco A. Soils Location: Northeast corner of SE 23rd Avenue and Seacrest Boulevard Description: Request for conditional use/new site plan approval for the construction of a 9,746 square foot medical office building on a 0.60-acre parcel in the C-! zoning district B. Project: Villas at Quantum Lakes Phase III (ABAN 03-003) Agent: Robert S. Fike Owner: Quantum Lakes Villas II, Corporation Location: South of Gateway Boulevard; West of High Ridge Road Description: Request for abandonment of a ~2-foot wide utility easement as required for the construction of the recreation area of Phase :III of the apartment complex C. Project: Boynton Beach Marina Townhomes (COUS 03-003) Agent: Lawrence Justiz, The Related Group Boynton Beach, LTD 7 Agenda - - Regular City Co!~mission MeeUng Boynton Beach, Florida .luly 15, 2003 '* Owner: TRG-Boynton Beach Ltd Location: 743 NE First Avenue Description: Request for conditional use/site plan approval for the construction of 11 three-story townhouse units on 7.349 acres in the Mixed Use-High (MU-H) zoning district to D. Two Special Warranty Deeds conveying title th.~oynton Beach Faith Based Community Development Corporation (CDC~f~ Lot 2, less the East 2.35' an ~/~est ',~c~'~: [Rolling Green Ridge Seacrest Addition; and Lot 20, Block ;ifS, I~olli~gL~en ~ic~ge First Addition (Proposed ResolutionN°'~r~ /A ~ I ~" ~[ E. Public ~ ~r~ tl~S~ctL~r~..~l~oaJn Application for the Heart of Boynton CommUt'l F. Award .t~! ~i~l f~r~"~/Vt~l,~t~R CONTRACT FOR THE PURCHASE OF UNI:FORMS," Bid #0~; ~a-0~D to SPECIAL PRODUCTS GROUP of Boynton Beach, Florida, ~. n estimated annual expenditure of $250,000 - This bid is being appealec~ to the City Commission by Martin's Uniforms G. Deny the appeal of a bid protest from CONDO ELECTR]IC & INDUSTRIAL SUPPLY, INC. for the "PURCHASE OF TWO NEW AND UNUSED 110HP SUBMERSIBLE WASTEWATER PUMPS," Bid #027-2822-03/C3D and accept the recommendation of City staff and the City Manager H. Approval of the City of Boynton Beach One-Year Community Development Block Grant Action Plan for FY 03/04, to include sub-grantees and contracts (Proposed Resolution No. R03- ) ZX. C:[TY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (TABLED ON $/20/03,) B. Presentation of Recreation & Parks Department Work Plans that were developed as a result of the Comprehensive Needs Assessment conducted in November 2001-April 2002 C. Authorize the Urban Group to move forward with land acquisition for a NE Fire Station site as per the intent of the fire assessment capital improvement project D. Follow-up on proposed purchase of 5.5 acre Florida Inland Navigation District parcel on South Federal Highway (3aycee Park Parcel) X. FUTURE AGENDA ~TEMS: A. Proposed Lease Agreement with Boynton Woman's Club (August 5, 2003) Agenda _ Regular City Cor~mission Heeting Boynton Beach, Florida July 15, 2003 B. Proposed Modifications to City Personnel Policy Manual - Annual Update (August 5, 2003) C. Annual Update of City Pay Classification Plan (August 5, 2003) D. Proposed Ordinance regarding Political Signs (August 5, 2003) E. Follow-up Meeting with CRA on Development~ugust 2003) F. Workshop Regarding Cemete~:: ::)ti~c~ro~osal by Cemetery Board to G. ,st Publi~, ~ ,~e t~lep~mber i~003) ]:. Second :ember 16, 2003) -1. Approve~l~rrmunity Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, ]:nc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) X]:. NEW BUS'~NESS: A. Authorize designation of Commissioner Carl McKoy as voting delegate to the Florida League of Cities Annual Meeting, August 14-16th B. Review request of member of the Commission to modifi/the compensation level of the Mayor and City Commission C. Authorize Legal Staff to draffc an ethics ordinance covering the City Commission, advisory boards, and staff X]:Z. LEGAL: A. Ordinances - 2n~ Reading - PUBI./C HEAR/NG None B. Ordinances - 1st Reading 1. Proposed Ordinance No. 03- Re: Abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Block 4, Lake Addition to Boynton, and the replacement with a utility easement (DeLorenzo Abandonment) 9 Agenda - Regular City Co~mmission Meeting Boynton Beach, Florida 3uly 15, 2003 '- 2. Proposed Ordinance No. 03- Re: Granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance C. Resolutions: 1. Proposed Resolution No. R03- s~~: Establishing the estimated assessment rate for Fire Re ssments for the fiscal year beginning October 1, 2003; dir~il~J~, I:~.e. paration of an assessment roll; authorizing a publ~,,e~ a lng the provision of notice 2. Prop~~;~lio~ ]~3'1 L~Re: Calling for an in pr~nct ~le~:::t;i~;Ft~' s~ .~m approval for the issuance of general olJ>.li.~lljorlil~, n~.; ~:~ro~!let-language; providing the election shall be h ', directing the City Clerk to provide a certified copy loole Supervisor of Elections; and authorizing the City ~ to do all things necessary to effectuate the intent of this r D. Other: None XIII. UNFINISHED BUSINESS: A. Discussion regarding Commissioner's attendance at a Workforce Alliance Board of Directors meeting X/V. AD3OURNMENT: NOTICE IF A PERSON DEC/DES TO APPEAL ANY DEC/SION MADE BY THE CTTY COMMISSION W~TH RESPECT TO ANY MA~-FER CONSIDERED AT THIS MEET~NGt HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE 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. (F.S. 286.0105) THE CiTY SHALL FURNISH APPROPR/ATE AUX/I.]ARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL Wl-fH A DISABILFI~ AN EQUAL OPPORTUNi'I"Y TO PART[C/PATE IN AND ENJOY THE BENEFITS OF A SERViCEr PROGRAM~ OR ACTIVITY CONDUCTED BY THE C~Pf. PLEASE CONTACT ]OYCE COSTELLO, (56~) 742-6013 AT LEAST TWENTY-FOUR HOURS PR/OR TO THE PROGRAM OR AC'T[VTI'Y IN ORDER FOR THE CTTY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL DRAFT AGENDA REVISED 7/11/2003 8:31AM S:\CC\WP\CCAGENDA~,GENDAS\Year 2003\071503.doc 10 I~I~I'.-ANNOUNCEI4ENTS & PRESENTAT/ONS O Item B.1. · - CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOl vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business .- AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: EXPLANATION: "Amerca's Night Out Against Crime, August 5, 2003" PROGRAM IMPACT: The Crime Prevention Unit of the Boynton Beach Police Department is participating in the "National Night Out Against Crime" on August 5, 2003. This is a nationwide imtiative to increase awareness and strengthen participation in anticrime efforts. We will also work with the National Child Identification Program in providing inkless f'mgerprmt (I.D.) kits in conjunction with the United Staes Department of Justice. We will be at the Target Shopping Center, Gateway and North Congress Avenue from 6:00pm to 9:00 pm. Come join us for demonstrations and displays from the Police and Fire Department. FISCAL IMPACT: ALTERNATIVES: - · I City Manager's Signature Department Name City Attorney / Finance / Human Resources S:'~BULLETINLFORMS'xAGENDA ITEM REQUEST FORM.DOC  u.S. Department of Justice .,t~ Federal Bureau of Inves lgaum,RECEIVED Clarksburg, WV 26306 April 11,2003 M AY LETTER TO ALL HONORABLE MAYORS CITY MANAGER'S OFFICE RE: COMMUNITY CALL TO ACTION According to a U.S. Department of Justice study, about 58,200 children are abducted each year by non- family members with about 45 percent of those incidents being perpetrated by strangers. This startling statistic caused the American Football Coaches Association (NFL, NCAA, and high school coaches nationwide) to launch the National Child Identification Program (NCIDP). The FBI has partnered with the Coaches Association in this not-for-profit program with the goal of providing inklcss fingerprint identification (I.D.) kits for all 60 million children in the United States. The FBI is separately partnered with National Night Out which recently has also partnered with the AFCA's National Child ID Program in an effort to further increase awareness for child safety. The National Association of Town Watch introduced National Night Out, "America's Night Out Against Crime," in 1984 and continues to heighten awareness and strengthen participation in anticrime efforts throughout communities nationwide. National Night Out, the NCIDP, and the FBI hope to set a record on August 5, 2003, for the most ID kits distributed within a single day in history. In an effort to reach our goal, we are encouraging every city across the U.S. to participate in the National Night Out on Tuesday, August 5, 2003. Information for obtaining NCIDP's inklcss fingerprint ID kits for the National Night Out may be found at its wcbsim http:/Iwww.natw.oro, inno/. The National Night Out website provides you with complete information on how to plan your event, as well as a way to obtain supplies, including the child ID kit. Registration for the event isfr~e and once registered, you will receive an organizational kit filled with "how to" materials such as: promotional ideas, guidelines, tips, Q&As, camera-ready art, sample news releases, and proclamations. Act quickly so that you do not miss this opportunity to communicate the issues of safety with your community on August 5, 2003. Registration is easy and can be completed online by following these four easy steps: · Identify a Contact Person · Go to the National Night Out website http:llw~av.nat~'.or~lnno/ · Register online, it'sfr¢~ · Publicize your event Many law enforcement agencies and corporations are currently combining the distribution of the NCIDP kits with other prevention, drug awareness, violence education, and community outreach programs. For more information on the NCIDP and how you can help protect children in your community, visit their website at www. childidprogram.com or call (214) 630-2245. It is paramount that we do all we can to ensure the safety of our children. Your organization can be a prime vehicle in that endeavor. Thank you for your help in this important cause. Deputy Assistant Director Policy, Administrative and Liaison Branch Criminal Justice Information Services Division 2 0th ANNUAL NATIONAL NIGHT OUT 2003 "The Police and C'~mmunity Working Together" DATE: Tuesday, August 5, 2003 TIME: 6 P.M. - 9 P.M. LOCATION: TARGET Shopping Center Gateway Blvd and N. Congress Ave. ~' Displays and Demonstration by: Boynton Beach Police Department Crime Prevention Unit Boynton Beach Police Department SWAT Team Boynton Beach Police Department Crime Scene Boynton Beach Police Department Marine Unit Boynton Beach Fire Department Special Response Rescue and Recovery Unit ~ Bicycle Registration Booth Bicycle Safety Tips Register To Win A New Bike, Courtesy of TARGET ~' ~~~~ Keylite courtesy of the Boynton Beach Police Department ~ Crime Prevention Tip Booklets Children Identification Kits Hot Dog and Soda Bicycle Raffle courtesy of the Boynton Beach TARGET Bring Ent re F rnily I~I~I.-ANNOUNCEMENTS & PRESENTATIONS Item C. .a O CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admimstrative [] Legal NATUREOF [] Announcement [] New Business ~._ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business ..~ RECOMMENDATION: Motion to approve proclamation designating July as Recreation & Parks Month. EXPLANATION: National Recreation & Parks Month is scheduled for July. The summer season is a time to enjoy many-- of the great activities being organized by the Recreation & Parks Department. On behalf of the State of Florida, Governor Bush also signed a similar proclamation. By making this proclamation in Boynton Beach, all citizens will be encouraged to celebrate by participating in their choice of fun activities and enjoy the benefits derived from quality public recreation. PROGRAM IMPACT: The proclamation will help promote Parks and Recreation in our community. FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head s Signatttr /. City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETINLgORMS~AGENDA ITEM REQUEST FORM.DOC It is July- the kickoff of the summer season. It is also a time to enjoy the out-of-doors, spend time with family and friends, and just kick back and relax. That is why the National Recreation and Park Association, Florida Governor Jeb Bush, and the Florida Recreation and Park Association have designated July as Recreation and Parks Month. Whereas, parks, recreation activities, and leisure experiences provide opportunities for young people to live, grow, and develop into contributing members of society, and Whereas, parks and recreation create lifelines and continued life experiences for older members of our community, and Whereas, parks and recreation generates opportunities for people to come together and experience a sense of community through fun recreational pursuits, and Whereas, park and recreation agencies provide outlets for physical activities, socializations, and stress reducing experiences, and Whereas, parks, playgrounds, nature trails, open spaces, community and cultural centers, and historic sites make a community an attractive and desirable place to live, learn, work, visit, and play and contribute to our ongoing economic vitality, and Whereas, parks, greenways, and open space provide a welcome respite from our fast paced, high- itech lifestyles while protecting and preserving our natural environment, and Whereas, parks and recreation agency staff members touch the lives of individuals, families, ~ groups, and the entire community which positive y impacts upon the social, economic, health, and i. environmental quality of our commumty, and !! Whereas, July 2003 has been designated as Recreation and Parks Month by the National iRecreation and Pad< Association and the Florida Recreation and Park Association. Now, therefore, I, Gerald Broenmg, Mayor of the C ty of Boynton Beach, Florida, proclaim July as "Recreation and Parks Month" and encourage all citizens to celebrate by participating in their choice of pleasurable activities to find refreshment from their leisure and to enjoy the benefits derived from quality public recreation. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Florida, to be affixed this 15"~ day of July, Two thousand three. Gerald Broening, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:\CC\WRCCAGENDA~Prodamatioas~Recma~on. Parks Mon~. 2003.doc ZV. ADMI'NISTRATIVE 1'TEM A. "' ]!TY OF ~C.,YNTON BEAC'.', ..,~-v -..-~v,,t. ?FF:CF' &3JUN 12-. i".,HIl: 15 1814 SW 19~ Avenue Boynton Beach, F1 33426 Tel. 561 737-6576 June 11, 2003 Janet M. Prainto, CMC City Clerk 100 E. Boynton Beach Blvd Boynton Beach, Fl 33435 Dear Ms. Prainto: I am an Alternate member of the Community Relations Board. This will confirm my telephone call to your office that I am resigning my membership. I appreciate the opportunity that I have had to serve on that Board. CR~ A. Royael '~ V.-CONSENT AGENDA 'TEf4 B.1 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City comn'nssion Date Final Form Must be Turned Requested City Comn'ussion Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15. 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1. 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to approve the renegotiation of a one (1) year contract in the amount of $89,800.00 for Financial Auditing Services to CALER, DONTEN, LEVINE, DRUKER, PORTER, & VEIL, P.A. of West Palm Beach, Florida for the fiscal year ended September 30, 2003. CONTRACT PERIOD: JULY 15, 2003 TO JULY 14, 2004 EXPLANATION: On June 17, 2003, Procurement Services presented to Commission a recommendation to award the "Three Year Contract for Financial Auditing Services", RFP O061-1410-03/CJD to Caler, Donten, Levine, Druker, Porter, & Veil, P.A. This item was pulled from the Consent Agenda, and after discussion, Commission approved a motion to award the auditing services as a one (1) year contract, and that next year the process for selecting an auditing firm will include a formal presentation to the City Commission. Subsequently, Financial Services met with representatives of Caler, Donten, Levine, Druker, Porter, & Veil, P.A. and an agreement was reached. PROGRAM IMPACT: The purpose of this RFP was to seek the services of an independent certified public ac~ounti..flg-~. firm to provide external independent auditing services to the City for a period of one year beginning with the financial statements of the City for the fiscal year ended September 30, 2003. The City also desires the_~dito~'t~ express an opinion on the fair presentation of its general purpose financial statements in conformity witl~en~lty~ accepted accounting principles. The Auditor General of the State of Florida requires an annual audit be oerfO~t each year. ~. FISCAL IMPACT: The expenditure is to be proportionately ailocatgd amongst the funds, c.o ~ Deputy Director of Financial Services ' "City Manager's Signature Procurement Services ,~~ Department Name City Attorney / Finance / Human Resources S:~BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC C: Diane Reese - Finance Director Steve Davis - Assistant Director of Finance/Audit Manager File RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RENEGOTIATION OF A ONE YEAR CONTRACT IN THE AMOUNT OF $89,800.00 FOR FINANCIAL AUDITING SERVICES TO CALER, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2003; AUTHORIZING THE EXECUTION OF A CONSULTANT AGREEMENT BETWEEN THE PARTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 17, 2003, Procurement Services presented to the City '.ommission a recommendation to award the "Three Year Contract for Financial Services (RFP #061-1410-03/CJD) to Caler, Donten, Levine, Druker, Porter Veil, P.A.; and WHEREAS, the time was pulled fi.om the Consent Agenda and the lommission approved a motion to award the auditing services as a one (1) year and WHEREAS, subsequently, Financial Services met with representatives of Donten, Levine, Druker, Porter & Veil, P.A., and an agreement was reached ,etween the parties for financial auditing services for the fiscal year ending 30, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE CITY ~MMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, approves the renegotiation of a one year contract in the amount of $89,800.00 ;:\CA\RESOgAgreements\Bid Awards~Award of RFP - Financial Services070803.doc for Financial Auditing Services to Caler, Donten, Levine, Dmker, Porter & Veil, P.A., for the fiscal year ending September 30, 2003. Section2. That the City Manager is hereby directed to execute a Consultant Agreement between the City of Boynton Beach and Caler, Donten, Levine, Druker, Porter & Veil, P.A., a copy of which is attached hereto. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ~ day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ;T: City Clerk (Corporate Seal) k\CA\RESO'~,greements\Bid Awards~a, ward of RFP - Financial Services070803.doc CONSULTANT AGREEMENT TI-IlS AGREEMENT, entered into this 15th day of July, 2003, between the City of Boynton Beach, a political subdivision of the State of Florida, hereinafter referred to as the "CITY", and CAI.ER, DONTEN, LEVINE, DRUKER, PORTER & VEIl., P.A., a Florida Corporation, authorized to do business in the State of Florida, hereinafter referred to as the "AUDITOR". 1. SCOPE OF EXAMINATION: (a) The AUDITOR will audit the CITY'S general purpose financial statements in accordance with generally accepted auditing standards, Section 11.45, Florida Statutes, and Chapter 10.550 of the rule of the Auditor General. (b) The scope of the audit shall include all entities operating under the CITY and all audits now required by State and Federal authorities, including those under the Single Audit Act of 1984 (compliance audits). (c) The financial and compliance audits shall be in accordance with all State and Federal laws and regulations relating to audit standards, requirements and guidelines. 2. TERM: The term of the agreement shall be for the period of one (1) year to cover the fiscal year ended September 30, 2003. 3. TIMING OF THE WORK: (a) AUDITOR shall use reasonable efforts, subject to laws, regulations and professional standards applicable to complete the services required in accordance with dates to assure completion for the Comprehensive Annual Financial Report (CAFR) for meritorious review, but no later than the time allocated by Section l 1.45 Florida Statutes and Chapter 10.550 of the rules of the Auditor General. (b) CITY understands that the proper and timely completion of AUDITOR'S services hereunder require the reasonable cooperation of CITY, its agencies, and their respective officers, directors, employees, other personnel and agents. CITY agrees to provide all such reasonable cooperation requested by AUDITOR and agrees to be responsible for the performance of the officers, directors, employees, other personnel and agents of the CITY and its agencies. Failure to provide the assistance agreed to by the AUDITOR and CITY at the commencement of or during C-I audit field work shall be cause for extension of deadlines and/or additional compensation to the AUDITOR at the average hourly rate stipulated in the contract. (c) AUDITOR may make reasonable use of CITY data processing facilities to perform testing and sampling techniques in connection with the audit, with the realization that data personnel must be given consideration to effectively perform day-to-day requirements. 4. COMPENSATION: (a) Compensation for the audits, as defined in Section 1, shall be $ 89~800.00. (b) AUDITOR will invoice the CITY for work performed under this agreement for Fiscal Year 2003 on the basis of the percentage of the work completed. AUDITOR'S final invoice shall indicate the distribution of the total fee to the various fund accounts as requested by the Finance Department. It is expressly understood that any incidental or out-of-pocket costs incurred by AUDITOR are covered by the total compensation and are not to be billed separately. Invoices received from the AUDITOR pursuant to this agreement will be reviewed and approved by the Finance Department, indicating that services have been rendered in conformity with the agreement. 5. CHANGES IN SERVICES: CITY and AUDITOR recognize that the scope of services and compensation under this agreement are predicated upon current audit requirements imposed by laws, regulations and professional standards relating to such services. CITY and AUDITOR further recognize that the scope of services and compensation under this agreement are predicated upon expectations of reasonable cooperation with AUDITOR by CITY pursuant to this agreement, and the absence of any irregularities or extraordinary circumstances which might necessitate the extension of audit services beyond the normal scope of auditing services. Should irregularities, the absence of such reasonable cooperation, increase in the level of services required under applicable law, regulations or professional standards, or other unforeseen conditions be encountered which might necessitate the extension of auditing work beyond the scope of normal auditing procedures, AUDITOR agrees to advise CITY promptly in writing of the circumstances and to request an equitable adjustment in the maximum fee before significant additional time is incurred by AUDITOR. Any such requests for adjustments shall be in writing and shall contain a detailed explanation of why the adjustments are necessary. C-2 CITY and AUDITOR agree to negotiate in good faith to determine an equitable adjustment in the maximum fee. Should CITY and AUDITOR be unable to agree upon an equitable adjustment within 14 days of AUDITOR'S written request, or such other tie period as agreed upon in writing by CITY and AUDITOR, either party may, notwithstanding any other provision in the agreement, terminate this agreement upon seven (7) days notice to the other party. CITY shall be liable for time charges actually incurred by AUDITOR except for any such additional time which has been included as a result of the circumstances necessitating adjustment. The AUDITOR'S rate to be used to determine a price adjustment increase will be based on the agreed schedule above for accounting and auditing work. 6. ADDITIONAL SERVICES: In the event that the CITY and AUDITOR mutually agree that AUDITOR will provide additional services, the terms and total fee will be negotiated separately for each proposed project. 7. CONSULTATION WITH AUDITOR GENERAL AND COGNIZANT AGENCY: CITY expressly permits AUDITOR to consult with the Auditor General of the State of Florida and the federally designated "Cognizant Agency" on any matter pertaining to the Audit which, in the judgement of the AUDITOR, would be important to the conduct of its audit or its report on the results hereof. 8. TRUTH-IN-NEGOTIATION CERTIFICATE: Signature of this agreement by the AUDITOR shall act as the execution of truth- in-negotiation certificate certifying that the estimated time charges and expense used to determine the compensation provided for in this agreement are accurate, complete and current as of the date of this agreement. 9. FIELD WORK: Planning of the audit field work should commence immediately after the execution of this professional services agreement. AUDITOR shall use reasonable efforts, subject to laws, regulations and professional standards applicable to the services hereunder to complete the field work at such time necessary to meet the timing requirements. C-3 10. PREPARATION OF FINANCIAL STATEMENTS: (a) The statements to be audited will be prepared by Finance Department in accordance with generally accepted accounting principles. AUDITOR will submit any proposed adjusting journal entries to the Finance Department for approval in a timely manner. (b) CITY understands and agrees that the underlying books and records of account must be properly closed as required by Florida Statutes to maintain the independence of the AUDITOR and allow the AUDITOR reasonable time to meet the completion dates of the audit. 11. SUPPORT PERSONNEL: Throughout the audit engagement, support personnel will be made available by CITY to provide assistance for tasks, such as identifying locations of required records and documentation and gathering needed records and supporting information, with the realization that support personnel must be given consideration to effectively perform day-to-day requirements. 12. CANCELLATION OF AGREEMENT: Either CITY or AUDITOR may cancel this agreement by written notice to the other party given not later than seven (7) calendar months prior to the end of the fiscal year next subject to audit. The parties agree that such cancellation on its part shall be only for cause and after appropriate discussion with the other party. Notwithstanding the foregoing paragraph of this section, AUDITOR may resign or CITY may terminate AUDITOR as CITY'S auditor and terminate this agreement at any time as required in accordance with the laws, regulations and professional standards applicable to the type of services provided under this agreement. 13. EXCUSABLE DELAYS: The AUDITOR shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the AUDITOR'S control and without its fault or negligence. Such causes may include, but are not limited to: acts of God; the CITY'S omissive and commissive failure; natural or public health emergencies; labor dispute; and severe weather conditions. C-4 14. CONTINGENT FEES: The AUDITOR warrants that it has not employed or retained any company or person to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other that a bona fide employee working solely for the AUDITOR, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making the agreement. 15. NON-DISCRIMINATION: The AUDITOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, or national origin. 16. INDEPENDENT CONSULTANT RELATIONSHIP: The AUDITOR is, and shall be, in the performance of all work services and activities under this agreement, an Independent Contractor, and not an employee, agent, or servant of the CITY. All persons engaged in any of the work or services performed pursuant to this agreement shall, at all times and in all places, be subject to the AUDITOR'S sole direction, supervision and control. The AUDITOR shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the AUDITOR'S relationship and the relationship of its employees to the CITY shall be that of an Independent Contractor and not as employees or agents of the CITY. The AUDITOR do. es not have the power or authority to bind the CITY in any promise, agreement or representation other than specifically provided for in this agreement. 17. SEVERABILITY: If any term or provision of this agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this agreement or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. 18. ENTIRETY OF CONTRACTUAL AGREEMENT: The CITY and the AUDITOR agree that this agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions C-5 contained in this agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 19. AMENDMENTS AND MODIFICATIONS: No amendments and/or modifications of this agreement shall be valid unless in writing and signed by each of the parties. 20. NOTICE: All notices required in this agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CITY, shall be mailed to: Diane Reese, Director Finance Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 and if sent to the AUDITOR, shall be mailed to: Firm: Caler, Donten, Levine, Druker, Porter, & Veil, P.A. Contact: Scott L. Porter Address: 505 S. Flagler Drive, suite 900 West Palm Beach, FL 33401 21. AUDITOR'S PROPRIETARY INFORMATION AND WORKPAPERS: All work papers of AUDITOR shall remain the property of AUDITOR. In addition, to the extent that AUDITOR utilizes any of its property (including, without limitation, any hardware or software of AUDITOR or any proprietary or confidential information or trade secrets of AUDITOR) in performing the services hereunder, such property shall remain the property of AUDITOR and the CITY shall acquire no right or interest in such property. 22. INDEMNIFICATION: Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant during the time period this contract is in effect. C-6 23. INSURANCE: The AUDITOR shall obtain all insurance required by the CITY as shown on Attachment 'A' which becomes a part of this agreement. The insurance must remain in force throughout the terms of this agreement. WHEREFORE, the parties have signed this agreement on the date first above written. CITY OF BOYNTON BEACH CALER, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A. City Manager Auditing Firm Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary c-7 ATTACHMENT A City of Boynton Beach · Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the lirmts required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1.000.000.00 Commercial General Liability Products-Comp/Op Agg. $ 1.000.000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1.000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50.000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be deterrmned Scheduled Autos Property Damage to be detenmned Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic lntermodal Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Excess Liability Each Occurrence to be deterrmned Umbrella Form Aggregate to be deterrmned Worker's Compensation Statutory Linuts Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Other- As Risk Identified to be deterrmned INSURANCEADVISORYFORM04 Revised 10/2001 V.-CONSENT AGENDA ITEM B.2 -- CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Offic~e. Meeting Dates in to Ciw Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) '[] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to approve the "piggy-back" on the three year contract of Solid Waste Authority of Palm Beach County, to Phillips & Jordan, Inc. of Zephyrhills Florida, for Debris Collection and Disposal 2003 Hurricane Season. The RFP# 00-240/JMD is to be utilized as an insurance policy on an "AS NEEDED BASIS". Ali expenses will be reimbursable through FEMA therefore, there is no expenditure. CONTRACT PERIOD: JUNE 14, 2001 TO JUNE 13, 2004. EXPLANATION: Procurement Services has reviewed the request from Public Works to imve Phillip & Jordan Inc. of Zephyrhills Florida, provide a contract for the Hurricane/Disaster Debris Removal, Reduction and Disposal for the hurricane season of the year 2003. Procurement Serwces request Conmuss~on review, evaluation and approval. PROGRAM IMPACT: Due to the critical nature of this service it is imperative to have a contract in place in order to avoid delays should there be a hurricane/disaster/emergency situation. Contract for debris collection and disposal is reimbursable through FEMA. FISCAL IMPACT: Contracts are reimbursed through FEMtA~/~~~ Deputy Director of Financial Services City Manager's Signature Procurement Services Depamnent Name City Attorney / Finance / Human Resources CC: Chris Roberts Assistant Public Works Director Dale Sugarman Asst City Manager Larry Quinn Solid Waste Manager ChiefBingham Fire Chief Chief Gage Police Chief Chuck Magazine Risk Manager Central File File SSBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R- 03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY-BACK" BID ON THE THREE YEAR CONTRACT OF SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, TO PHILLIPS & JORDAN, INC., FOR DEBRIS COLLECTION AND DISPOSAL 2003 HURRICANE SEASON; PROVDING AN EFFECTIVE DATE. WHEREAS, due to the critical nature of this service it is imperative to have a contract in place in order to avoid delays should there be a humcane/disaster/emergency situation; and WHEREAS, The RFP # 00-240/JMD is to be utilized as an insurance policy on an "as needed basis". Contract for debris collection and disposal is reimbursable through FEMA. 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, hereby approves the "piggyback" of Solid Waste Authority of P aim B each County, t o Phillips & Jordan, Inc., for Debris Collection and Disposal 2003 Hurricane Season. Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ~ day of July, 2003. S:\CA\RESO~Agreements\Bid Awards\Backup of Piggy Back -Phillips & Jordan.doc CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA\RESO~Agreements\Bid Awards\Backup of Piggy Back -Phillips & Jordan.doc .. RECEIVED PUBLIC WORKS DEPARTMENT JUN 1 3 20113 Memorandum No. 03-097 P~ocu~,~'r SEav~C~ To: Bill Atkins, Deputy Director of Finance Procurement Via: Christine Roberts, Assistant Public Works Directo~ From: Larry Quinn, Solid Waste Manager Date: June 11, 2003 Subject: Hurricane/Disaster Debris Removal, Reduction, & Disposal Contract No. 01-252 Attached please find a copy of the contract, fee schedule, and letter of award to Phillips & Jordan, Inc. for Hurricane/Disaster Debris Removal, Reduction, & Disposal with the Solid Waste Authority of Palm Beach County. Per our discussions, please prepare this request to "piggy-back" Contract No. 01-252 for Commission Approval. Please note that any services fees incun'ed as a result of this contract would be charged against Account No. 431-2515-534-49.17 and then reimbursed from FEMA. Should you need any additional i request, please contact me at Ext. 6206. PL/LQ/pl Attachments Copy: PW File ~~PHILLIPS & Jop~o~,~, I~¢. May 8, 2003 Larry Quinn, Solid Waste Manager City of Boynton Beach 222 N.E. 9th Avenue Boynton Beach, FL 33435 RE: Disaster Recovery Services Dear Mr. Quinn: Phillips & Jordan, Inc. has been awarded the Contract for HumcanefDisaster Debris Removal, Reduction, and Disposal with the Solid Waste Authority of Palm Beach County. From our earlier discussions, I understand that you are interested in taking the necessary actions to "piggyback" on this contract. At this time, Phillips & Jordan, Inc. offers to the City of Boynton Beach the opportunity to "piggyback" on this contract at the terms and conditions stipulated therein. Should you need further assistance, please do not hesitate to contact me regarding this matter. Sincerely, Phillips & Jordan, Inc. Carrie Zitzman Project Specialist Disaster Recovery Group P.O. Box 2295 · Zephyrhills, FL 33539-2295 ph 813.783.1132 · fax 813.783.314£ www.pandj.con~ SOLID WASTE AUTHORITY OF PALM BEACH COUNTY~ L E T T E R O F 7501 North Jog Road" West Palm Beach, Florida 33412 T R A N S M I T T A L Telephone: 561-640-4000 · Fax: 561-640-3400 TO: PUBLIC WORKS DATE: MAY 2, 2003 CITY OF BOYNTON BEACH ATTENTION: LARRY QUlNN 222 NE 9TM AVENUE REF: HURRICANE/DISASTER DEBRIS BOYNTON BEACH, FLORIDA 33435 PO/BID/CONTRACTNO.: 01-252 - 01-255 ATTACHED PLEASE FIND: [] COPY OF LETTER [] SPECIFICATIONS [] CONTRACT No.: [] CSA No.: [] BID No.: [] PURCHASE ORDER No.: [] CHANGE ORDER No.: ITEM # DESCRIPTION Humcane/Disaster Debds Removal, Reduction and Disposal as follows: 1 01-252 - Phillips & Jordan, Inc. - Contract and Fee Schedule 2 ~01_-253 - D & J Enterprises, Inc. - Fee Schedule Only 3 0i-254 - DRC, Inc. - Fee Schedule Only 4 01-255 - Grubbs Construction Co., Inc. - Fee Schedule Only THESE ARE TRANSMITTED as checked below: For your information [] For your signature [] Please return to my attention [] For your files [] Approved as submitted [] Resubmit copies for approval [] For your use [] Approved as noted [] For your action [] As requested [] Returned for corrections [] For your review and comment FOR BIDS/RFP DUE ,200 [] COMMENTS: SHOULD YOU HAVE ANY QUESTIONS OR NEED ADDITIONAL INFORMATION DON'T HESITATE TO CONTACT ME AT 561-640-4000, EXT. 4527. I HAVE ENCLOSED MY BUSINESS CARD I APPRECIATE YOUR PATIENCE ON THIS MATTER. THANK YOU, TITLE: / /- Barbarfi ~o~ello t Contracts Specialist FILENAME: FORM: SWA-TRAN DOT Exhibit B HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION, AND DISPOSAL CONTRACT NO. 0t-252 PART A item/D~_ _~c. ription Unit Unit Price 1.0 Public Property and Right of Way Pickup and Hauling to a designated Temporary Debris Management Site o~ Disposal Facility 5.0 or less miles away (one-way miles ). CY $9.75  uotsd in Item 2.0) 2.0 Public property, right-of-way hauling to a Temporary Debris Management Site or designated  Yard-Miles $0.13 3.0 Temporary Debris Management Site operaUo~, debris acceptance, pile management, and matedal I°ading for transp°rt' ]~~[~ ~ 4.0 Processing of debris through grinding and/or · Hour See Part B 15.0 Volume reduction through air curtain Incineration Hour See Part B 6.0 Temporary Debris Management Site to designated landfill site hauling (based o~ one way m~es) ° minimum 30 CY payloads ** minimum 60 CY payloads Yard-Miles CONTRACTOR is responsibe for providing sufficient capacity equipment to meet the above 0-15 miles' $0.15 ~inimums. The AUTHORITY will only pay for 16-60 mi.* $0.11 actual volume of debris transported. 61-120+ mi.** $0.10 UNIT PRICES Unit Prices include all labor (operatom. laborers, supervtsom) and materials necessary to complete the prc~ct, including but not limited to: wages, benefits, insurance, safety equipment, parts, supplies, equipment maintenance, repairs, fuels, lubricants, cellular phones, housing, transportation, mobilization, and demobilization. YARD-MILES A Yard-Mile is defined as the volume of waste in the truck/trailer times the one-way mileage to Ihe destination. The distance will be measured road miles based on odometer readings noted o~ the load ticket and verified by an Authority representative. If the one way distance from the pickup point to the Temporary Debds Management Site is greater than five miles, Contractor will be ceml:)ensated based on the following formula: (Estimated yards in truck x Bid Rate per Yard (item 1.0)) plus (Estimated yards in truck x (One-way Miles minus 5.0) x Bid Rate per Yard-Mile (Item 2.0)). 6/71200 No. OI Exhibit B FEE SCHEDULE HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION, AND DISPOSAL D & J ENTERPRISES, INC. - CONTRACT NO. 01-253 PART A Item/Descflption Unit Unit Price 1.0 Public Property and Right of Way Pickup and Hauling to a designated Temporary Debds Management Site or Disposal Facility 5.0 or less miles away (one-way miles). CY $ 4.80 (miles in excess of 5.0 compensated at the rate quoted in Item 2.0) 2.0 Public property, right-of-way, or Temporary Debris Management Site hauling to a Designated Landfill Site (based on one.way miles). Yard-Miles $ 0.095 3.0 Temporary Debds Management Site operation, debds acceptance, pile management, and matedal loading for transport. CY $ 0.025 4.0 Processing of debris through grinding and/or chipping. CY $ 2.00 5.0 Volume reduction through air curtain incineration or open burning. CY $ 1.47 UNIT PRICES Unit Prices include all labor (operators, laborers, supervisors) and materials necessary to complete the project, including but not limited to: wages, benefits, insurance, safety equipment, parts, supplies, equipment maintenance,, repairs, fuels, lubricants, cellu{ar phones, housing, transportation, mobilization, and demobilization. YARD-MILES A Yard-Mile is defined as the volume of waste in the truck/trailer times the one-way mileage to the destination from the terminus of the collection route. The distance will. be measured road miles based on odometer readings noted on the Ioad ticket and verified by an Authority repre- sentative at both ends. If the one way distance from the pickup point to the Temporary Debris Management Site is greater than five miles, Contractor will be compensated based on the following formula: (Estimated yards in truck x Bid Rate per Yard (item 1.0)) plus (Estimated yards in truck x (One-way Miles minus 5.0) x Bid Rate per Yard-Mile (Item 2.0)). Contract No. 01-253 7/2/2001 Exhibit B HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION, AND DISPOSAL DRC, INC. - CONTRACT NO. 01-254 PART A item/Description Unit Unit Price 1.0 Public Property and Right of Way Pickup and Hauling to a designated Temporary Oebds Management Site or Dispesal Facility 5.0 or less miles away (one-way miles). CY $ 12.50 (miles in excess of 5.0 compensated at the rate quoted in Item 2.0) 2.0 Pubac property, right-of-way, or Tempormy Debris Management Site hauRng to a Designated Land~ S~e (besed on one-way miles). ~i$ 0.07 3.0 Temporary Debris Management Site operation, debris acceptance, pile managemenL and matarlal  CY $ 5.92 ') 4.0 Processing of debris through grinding and/or chil~ing. CY $ 2.30 5.0 Volume reduction through air curtain incineration or open burning, CY $ 2,10 UNIT PRICES Unit Prices include all [abm' (operators, laborers, supervisors) and materials necessary to complete the project, Including but not limited to: wages, benefits, insurance, safety equipment, parts, supplies, equipment maintenance, repairs, fuels, lubdcanta, cellular phones, housing, transportation, mobilization, and demobilization. YARD-MILES A Yard-Mile is delined as the volume of waste in the t~uck/traller times the one-way mileage to the destinatio~ from the terminus of the collection route. The distance will be measured road miles based on odometer readings noted on the load ticket and vedl[ad by an Authority repre- sentative at both ends. If the one way distance from the pickup point to the Temporary Debds Management Site is greater than five miles, Contractor will be compensated based on the following formula: (Estimated yards in truck x Bid Rate per Yard (Item 1.0)) plus (Estimated yards in truck x (One-way Miles minus 5.0) x Bid Rate per Yard-Mile (Item 2.0)). Contract No, 01-254 7/Z/2001 Exhibit B FEE SCHEDULE HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION, AND DISPOSAL GRUBBS CONSTRUCTION CO., INC. - CONTRACT NO. 01-255 PART A Item/Description Unit Unit Price 1.0 Public Property and Right of Way Pickup and Hauling to a designated Temporary Debris Management Site or Disposal Facility 5.0 or less miles away (one-way miles). CY $ 14.95 (~ 5.0 compensated at the rate qu~ 2.0 Public property, right-of-way, or Temporary Oebds Management Site hauling to a Designated Landfill Site (based on one-way miles). Yard-Miles $ 0.12 3.0 Temporary Debds Management Site operation, debris acceptance, pile management, and matedal loading for tmnsporL CY $ 3.95 4.0 Processing of debds through grinding and/or chipping. CY $ 3.95 5.0 Volume reduction through air curtain incineration or open burning. CY $ 3.45 UNIT PRICES Unit Prices include all labor (operators, laborers, supervisors) and materials necessary to complete the project, including but not limited to: wages, benefits, insurance, safety equipment, pads, supplies, equipment maintenance, repairs, fuels, lubricants, cellular phones, housing, transportation, mobilization, and demobilization. YARD-MILES A Yard-Mile is defined as the volume of waste in the truck/trailer times the one-way mileage to the destination from the terminus of the collection route. The distance will be measured road miles based on odometer readings noted on the load ticket and verified by an Authority repre- sentative at both ends. If the one way distance from the pickup point to the Temporary Debris Management Site is greater than five miles, Contractor will be compensated based on the following formula: (Estimated yards in truck x Bid Rate per Yard (Item 1.0)) plus (Estimated yards in truck x (One-way Miles minus 5.0) x Bid Rate per Yard-Mile (Item 2.0)). 7/2/2001 Contract No. 01-255 __'5/1~'2003 16:49 F.q .t~-:834P$: SOLID WASTE .~LT]~ORZT¥ ~I002 YOUR PARTNEP. FOR M~..b l',, 2001 SOLID WA~T5 SOLUTIONS V-[.~. F,~ 813-715-1820 'Mr. B~ P,. Turner Phillips & Iota,m= Ino. 8940 C~.I Blvd. ~~ ~u~oa ~d ~~ D~ ~ We would ~e ~ ~ ~ ~ ~ ~ ~e ~ ~ ~ ~ ~ ~ ~ ~ ~ ~h~ ~o~ ~ of~: D · ~ ~t~ ~. D~C, ~. S~c~l~, ,L ~o~cz 750'1 North Jog Road, West Palm Beach. Florida 33412 (861) 640-4000 FAX (561) 640.3400 REDUCTION, A~i,,~$4P-OSAL CONTACT NO. 01-252 TABLE OF CONTENTS ARTICLE PAGE 1. Effective Date/Term ............................................................. 1 2. Services to be Performed by Contractor .............................. I 3. Compensation ...................................................................... 2 4. Insurance .............................................................................. 2 5. Standard of Care .................................................................. 3 6. Indemnification .................................................................... 4 7. Independent Contractor ........................................................ 4 8. Authority to Practice ............................................................ 4 9. Compliance with Laws ........................................................ 5 10. Sub-c, ontracting .................................................................... 5 11. Federal and State Taxes ....................................................... 5 12. Availability of Funds ........................................................... 5 13. Authority:s Responsibilities ................................................. 5 ! 4. Termination of Contract ....................................................... 5 ! 5. Uncontrollable Forces .......................................................... 6 16. Governing Law and Venue .................................................. 6 17. Non-Discrimination ............................................................. 6 18. Waiver .................................................................................. 7 19. Severability .......................................................................... 7 20. Entirety oflZontrgct, ............ :: .............................................. 7 21. Modification ......................................................................... 7 22. Successors and Assigns ........................................................ 7 23. Contingent Fees ................................................................... 8 24. Troth-in-Negotiation Certificate ............. ............................. 8 25. Ownership of Documents .................................................... 8 26. Access and Audits ................................................................ 8 27. Notice ................................................................................... 9 28 Contract Administration ....................................................... 9 29. Key Personnel ...................................................................... 9 30. Minority/Women Business Enterprise (M/WBE) .............. 10 31. Confidentiality ................................................................... i0 32. Escalation Clause ............................................................... 10 33. Order of Contract Activation ............................................. 10 34. Task Order/Performance ...... :::...~ ....................................... I 1 35. Bonds ................................................................................. 1 l Contract Execution ............................................................. l 2 Contract No. 01-252 -I- EXHIBITS A. Scope of Work B. Fee Schedule C. Debris Management Plan (includes sample Load Ticket) D. County Map with Debris Management Zones and Publicly Owned Debris Management Sites E. M/WBE Plan F. Task Order G. FEMA 322 Public Assistance Guide, page 114 H. Mobilization Schedule Contract No. 01-252 -2- 06/07/0 Contract for Professional Services Contract No. 01-252 This Contract, between the Solid Waste Authority of Palm Beach County, a special district created by Ch. 75-473, Laws of Florida, as amended, (hereinaRer referred to as AUTHORITY) and Phillips & Jordan, Inc. (hereinafter referred to as CONTRACTOR), a North Carolina Corporation, whose Federal Employer Identification Number is 56-0694573: Whereas, AUTHORITY requires the removal, reduction, and disposal of hurricane/disaster debris. Whereas, CONTRACTOR represents it is capable and prepared to provide such services. Now, therefore, in consideration of the promises contained here/n, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE/TERM The effective date of this Contract shall be June 14, 2001.' Term of Contract shall be for a three (3) year period, unless otherwise terminated as provided herein. The AUTHORITY shall have the option of extending the Contract for one (1) additional three (3) year period at the same-terms and-conditions with' approval-from ~che-~tUTHORtTY's Governing Board. Such extension shall be in the form of a written Amendment to the Contract executed by both parties. The continuance of this Contract from year to year is contingent upon successful annual recertification of the CONTRACTOR'S capabilities. The recertification process will be a mvimat_of th~.fi~aL (hankmptc.y,_ete.). _logistical_(equipm~.~t_ .av-ailability,.etc.), and moral (conviction for environmental crime, conviction for crime against a public entity, etc.) responsibility of the CONTRACTOR and a determination by the AUTHORITY, based on this review, of whether or not the CONTRACTOR continues to be a viable firm to provide the services 'described in this Contract. ARTICLE 2 - SERVICES TO BE PERFORMED BY CONTRACTOR CONTRACTOR shall perform the services as stated in the Scope of Work, Exhibit A, as may be specifically authorized, by the-AUTHORiTY. Such authorizations'will- be referred to as Task Orders. Each Task Order will set forth a specific scope of services, rate/amount of compensation, completion date, and other pertinent details of the task being authorized. Contract No. 01-252 - I - 06/07/01 ARTICLE 3 - COMPENSATION 3.1 - GENERAL AUTHORITY shall pay CONTRACTOR in accordance with Fee Schedule, Exhibit B, which is attached hereto and incorporated by reference as part of this Contract. If needed, compensation may be negotiated as a lump sum or not-to-exceed amount for any Task Order containing a task covered by the scope of work of this Contract but to which the Fee Schedule cannot readily be applied. CONTRACTOR shall submit semi-monthly invoices for services rendered. Invoices must reference the Task Order number. Invoices shall include a statement of progress and appropriate audit quality detail to satisfy FEMA requirements. Payment of CONTRACTOR by AUTHORITY is not contingent upon the AUTHORITY being reimbursed by the Federal Emergency Management Agency. Payment to CONTRACTOR will be made for any work directed by the AUTHORITY which is determined by Federal and State agenc~ ~o be/neligible for reimbursement. Each individual invoice shall be due and payable thirty (30) days after rece/pt of correct, fully documented, invoice by the AUTHORITY. All invoices shall be del/vered to: Solid Waste Authority of Pnlm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 At'm: Accounts Payable tn order for both parties herein to close their books and records, the CONTRACTOR will clearly state "Final Invoice" on the CONTRACTOR'S final/last billing to the AUTHORITY. This certifie~ that all serv/ces have been properly performed and all charges and costs have been invoiced to the AUTHORITY. Since this account will thereupon be closed, any and other further charges if not properly included on this final invoice are waived by the CONTRACTOR. The AUTHORITY will retain 5% of the payment under each Task Order until such time as the entire project is completed to the AUTHOKITY'S satisfaction and all sub-contractors and any material suppl/ers verify that they have been paid. ARTICLE 4 - INSURANCE During the performance of the setwices under this Contract, CONTRACTOR shall maintain the following insurance policies, and be written by an insurance company author/zed to do bus/ness in Florida. i. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence, and with property damage limits of' not less than $1,000,000 for each occurrence, and a general aggregate of $2,000,000. Contract No. 01-252 -2- 06/07/0 ~ 2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $I,000,000 for each accident. 3. Workers' Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $500,000 for each accident, $500,000 for each disease, and $500,000 aggregate. 4. Excess Liability Insurance with limits of not less than $10,000,000 for each occurrence and annual aggregate. Deductible amounts shall not exceed 5% of the total amount of required insurance in each category. Should any policy contain any unusual exclusions, said exclusions shall be so indicated on the certificate(s) of insurance. CONTRACTOR shall furnish AUTHORITY certificates of iasaraaee which shall include a provision that policy cancellation, non-renewal or reduction of coverage will not be effective . until at least thirty (30) days written notice has been made to the AUTHORITY. CONTRACTOR shall include AU'IVcIORITY as an additional insured on the General L/ab/lity and Automobile Liability insurance policy required by the Contract. All of CONTRACTOR'S sub-contractors shall be required to include AUTHORITY and CONTRACTOR as additional insured on their General Liability insurance policies. In the event that sub-contractors used by the CONTRACTOR do not have/nsurance, or do not meet the insurance limits, CONTRACTOR shall indemnify and hold harmless the AUTHORITY for any claim in excess of the sub-contractor's insurance coverage. The CONTRACTOR shall not commence work under this Contract until all insurance required as stated herein has been obta/ned and such insurance has been approved by the AUTHORITY. ARTICLE $ - STANDARD OF CARE CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily provided by a comparable professional under similar circumstances and CONTRACTOR shall, at no additional cost to AUTHORITY, re-perform services which fail to satisfy the foregoing standard of care. The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. Contract No. 01-252 -3- 06/07/0 ARTICLE 6 - INDEMNIFICATION 6.1 GENERAL Having considered the risks and potential liabilities that may exist during the performance of the secvices and in consideration of the promises included herein, AUTHORITY and CONTRACTOR agree to allocate such liabilities in accordance with this Article 6. 6.2 INDEMNIFICATION CONTRACTOR agrees to protect, defend, indemmfy, and hold harmless the AUTHORITY, its employees and representatives, from any and all claims and liabilities including all attorney's fees and court costs, including appeals, for which the AUTHORITY, its employees and representatives, can or may be held liable as a result of injury (including death) to persons or damage to property occurring by reason of any acts or omissions of the CONTRACTOR, its employees, or agents, arising out of or connected with this Contr~t. The CONTRACTOR shall not be required to indemnify the AUTHORITY or its agents, employees, or representatives, when an occurrence results solely from the wrongful acts or omissions of the AUTHORITY, or its agents, employees or representatives. 6.3 SURWVAL Upon completion of all services, obligations and duties provided for in this Contract, or in the event of termination of this Contract for any reason, the terms and conditions of this Article 6 shall survive. ARTICLE 7 - INDEPENDENT CONTRACTOR CONTRACTOR undertakes performance of the services as an independent contractor and shall be wholly responsible for the methods of performance. ALrI~oRITY shall have no right to supervise the methods used, but AUTHORITY shall have the fight to observe such performance. CONTRACTOR shall work closely with AUTHORITY in performing services under this Contract. The CONTRACTOR shall not pledge the AUTHORrrY'S credit or make it a guarantor of payment of surety for any Contract, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this 'Contract. ARTICLE 8 - AUTHORITY TO PRACTICE The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Contract No. 01-252 -4- 06/07/0 ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the services, CONTRACTOR will comply w/th applicable regulatory requirements including federal, state, spec/al district, and local laws, rules, regulations, orders, codes, criteria and standards. ARTICLE 10 - SUB-CONTRACTING The AUTHORITY reserves the right to accept the use of a sub-contractor or to reject the selection of a particular sub-contractor and to review the capabilities of any sub-contractor to perform properly under this Contract. Rejection of any sub-contractor will be based on, but not limited to, negative references, insufficient resources, or conviction of a Public Entity Crime. If a sub-contractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the sub-contractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do so, subject to acceptance of the new sub-contractor by the AUTHORITY. ARTICLE 11 - FEDERAL AND STATE TAXES The AIYrHORITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the AUTHO~ will provide an exemption certificate to CONTRACTOR. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with the AUTHORITY, nor shall the CONTRACTOR be authorized to use the AUTHORITY'S Tax Exemption Number in seq. uring such materials. _ ARTICLE 12 - AVAILABILITY OF FUNDS The obligations of the AUTHORITY under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Governing Board of the AUTHORITY. ARTICLE 13- AUTHORITY'S RESPONSIBILITIES AUTHORITY shall be responsible for providing access to all project sites, and providing information required by CONTRACTOR that is available in the files of the AUTHORITY. ARTICLE 14 - TERMINATION OF CONTRACT This Contract may be terminated by the CONTRACTOR upon thirty (30) days prior written notice to the AUTHORITY in the event of substantial failure by the AUTHORITY to perform in accordance with the terms of the Contract through no fault of the CONTRACTOR. It may also be terminated by the AUTHORITY with or without cause immediately upon written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR Contract No. 01-252 -5- 06/07/01 shall be paid for services rendered to the AUTHORITY'S satisfaction throu~ the date of termination. After receipt of a Termination Notice and except as otherwise directed by the AUTHORITY, the CONTRACTOR shall: a. Stop work on the date and to the extent specified. b. Terminate' and settle all orders and subcontracts relating to the performance of the terminated work. c. Transfer all work in process, completed work, and other material related to the terminated work to the AUTHORITY. d. Continue and complete all parts of the work that have not been terminated. The CONTRACTOR shall be paid for services actually rendered to the date of termination and for any reasonable costs incurred. ARTICLE 15 - UNCONTROLLABLE FORCES Neither the AUTHORITY nor. CONTRACTOR shall be considered to be in default of this ConWact if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the nonperformin$ party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, .war, dot, civil disturbance, sabotage, and governmental actions, with the exception oft. hose.events that.trigger the activation of Ibis Contract, .... ' Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch. The nonperforming party shall~ within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 16 - GOVERNING LAW AND VENUE This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County and the Contract will be interpreted according to the laws of Flor/da. ARTICLE 17 - NON-DISCRIMINATION The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, colOr, religion, gender, age or national origin. 06/07/01 Contract No. 01-252 -6- ARTICLE 18 - WAIVER A waiver by either AUTHORITY or CONTRACTOR of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event ora written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach.' ARTICLE 19 - SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Contract, or the occurrence of any event rendering any portion or provision of this Contract void,, shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the strick~m pmvizion. The provisions of this section shall not prevent the entire Contract from being void should ~ provision which is of the essence of the Contract be determined to be void. ARTICLE 20 - ENTIRETY OF CONTRACT The AUTHORITY and the CONTRACTOR agree that this Contract sets forth the en~'e Contract between the parties, and that there are no promises or understa~, dings other than those stated herein. This Contract supersedes all prior contracts, proposals, representations, negotiations, letters or other communications between the AUTHORITY and CONTRACTOR pertaining to the services, whether written or oral. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. ARTICLE 21 - MODIFICATION The Contract may not be modified unless such modifications are evidenced in writing signed by both AUTHORITY and CONTRACTOR. Such modifications shall be in the form of a written Amendment executed by both parties. ARTICLE 22 - SUCCESSORS AND ASSIGNS AUTHORITY and CONTRACTOR each binds itself and its partners, successors, assigns and legal representatives to the other party to this Contract and to the partners, successors, executors, administrators, assigns, and legal representatives. CONTRACTOR shall not assign this Contract without the express written approval of the AUTHORITY via executed amendment. Contract No. 01-252 -7- 06/07/01 ARTICLE 23 - CONTINGENT FEES The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. ARTICLE 24 - TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Contract by the CONTRACTOR shall act as the execution of a truth-in- negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract are accurate, complete, and current as of the date of the Contract. The said rates and costs shall be adjUSted to exclude any significaat sums should the AUTHORITY determine that the rates and costs were increased due to inaccurate, incomplete or noncun'ent wage rates or due to inaccurate representations of fees paid to outside contractors. The AUTHORITY shall exercise its rights under this *Certificate" within one (1) year following payment. ARTICLE 25 - OWNE~HIP OF DOCUMENTS CONTRA~FI'OR shall be required to cooperate with other contractors relative to-providing information requested, in. a timely manner.and in the specified..form .... Any. .and . all. documents, ...... records, disks, original drawings, or other information shall become the property of the AUTHORrrY for it's use and/or distribution as may be deemed appwpdate by the AUTHORrI'Y. ARTICLE 26 - ACCESS AND AUDITS CONTRACTOR shall maintain financial and program records to justify all charges and costs incurred in performing the work for at least three (3) years following final payment to the AUTHORITY as Federal Emergency Management Agency sub-grantee as required by FEMA'S 322 Public Assistance Guide, page 114, as amended, incorporated in this Contract as Exhibit G.. The AUTHORITY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal working business hours at the CONTRACTOR'S place of business. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Contract No. 01-252 -8- 06/0-//0 ARTICLE 27 - NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: A~ To AUTHORITY I Solid Waste Authority of Palm Beach County 7501 N. Jog Road West Palm Beach, Florida 33412 Attention: Executive Director Phillips & Jordan, Inc. 8940 Gall Blvd. Zephyrhills, FL 33541- 7407 Attention: Contract Administrator Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Facsimile transmi~ion is acceptable notice effective when received, however, facsimile transmissions received (i.e.; printed) after 5:00 p.m. or on weekend~ or holidays, will be deemed received on the next busine~ day. The original of the notice must additionally be mailed as-required hereinl ' ' ' Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONTRACTOR and AUTHORITY. ARTICLE 28 - CONTRACT ADMINISTRATION Services of CONTRA~OR shall be under the general direction of Mark Eyeington, Director of Operations, or his succe~or, who shall act as the AUTHORITY'S representative during the term of the Contract. ARTICLE 29 - KEY PERSONNEL CONTRACTOR shall notify AUTHORITY in the event of key personnel changes which might affect this Contract. Notification shall be made within five (5) days of said changes. AUTHORITY has the right to reject proposed changes in key personnel and rescind this Contract. The following personnel shall be considered key personnel: Ben 'Fu mcr Tim Berkheimer Contract No. 01-252 -9- 06/07/01 ARTICLE 30 "' MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE) AFFIRMATIVE ACTION PROGRAM The Governing Board of the AUTHORITY has set 15% as the AUTHORITY'S goal for minority participation in contracts and purchases. CONTRACTOR'S plan is to, at a minimum, utilize to the greatest extent practicable the sub-contractors listed in Exhibit E and any other M/WBE contractors identified as the services are performed. The AUTHORITY will require documentary proof of the implementation and progress of the proposed plan. The CONTRACTOR understands that any minority and/or women-owned firm utilized pursuant to this Contract to meet the AUTHORITY MJWBE goals must be certified by a governmental entity. Certificates shall be submitted for specific M/WBE'S listed in the plan. The AUTHORITY doez not certify vendors but will assist the CON'II~CTOR by providing listings of certified vendors in the area from other governmental entities. The AUTHORITY accepts uncertified M/WBE's to count towards its M/WBE goal provided they can be confirmed as such and execute an affidavit for tho AUTHORITY to that effect. ARTICLE 31 - CONFIDENTIALITY No reports, information, computer programs, documentation, and/or data given to, or prepared or assembled by the CONTRACTOR under this Contract shall be made available to any individual or organization by the CONTRACTOR without prior written approval of the AUTHORITY. ARTICLE 32 - ESCALATION CLAUSE The AUTHORITY acknowledge~ the fluctuating nature of prices. Therefore, on each annual anniversary date of the Contract, the unit prices may be adjusted upward based on the Consumer Price Index - Urban Wage Earners and Clerical Workers..--U~..City Average ~ All .Items. and_the average hourly earnings for Production Workers for Services Industries. ARTICLE 33 - ORDER OF CONTRACT ACTIVATION The AUTHORITY intends to enter into four contingent Contracts. This Contract is one of the four contingent Contracts. The four contingent Contracts awarded will be activated as needed. The AUTHORITY ranked these four Contractors during its Contractor selection process. The AUTHORITY intends that the highest ranked will be activated first, the second ranked will be activated second, and so on. The number of Contracts that are activated will be based on the magnitude and complexity of the AUTHORITY'S post disaster needs. CONTRACTOR was ranked Number One in theselection process. 06/07/0 Contract No. 0 !-252 - 10- ARTICLE 34 ,' TASK ORDER/PERFORMANCE Task Orders shall be executed bilaterally and the scope of services and format of Task Order shall be mutually agreed to by the CONTRACTOR and AUTHORITY. Performance will be measured by the metrics established in each Task Order. After l/3 and again after 2/3 of the stipulated number of days of work in the Task Order have elapsed, the CONTRACTOR(s) shall provide a written progress report to the AUTHORITY for review and acceptance. The AUTHORITY shall have the right to correct for vendor default or underperformance by any means it deems in its best interest. CONTRACTOR will be required to provide a daily report of quantity of work performed under each Task Order. The daily report shall be submitted by 11:00 a.m. or earlier the following morning. ARTICLE 35 - BONDS CONTRACTOR shall maintain a Proposal Bond in the sum of $500,000. The CONTRACTOR'S Proposal Bond will be returned to the Contractor in exchange for and acceptance of an appropriate size bond as determined by the AUTHORITY aRer assessment of damage and definition of the CONTRACTOR'S scope of service. In case of hurricane caused damage, a Category I storm would require a $2,000,000 Bond, a Category II would require a $4,000,000 Bond, a Category would require a $6,000,000 Bond, a Category IV would require a $8,000,000 Bond, and a Category V would require a $10,000,000 Bond. The Bond required would be a Perfom~ and Payment Bond. The ex)st of the Bond is included in the unit rates in the Fee Schedule, Exhibit B. The CONTRACTOR shall maintain the Proposal Bond in effect until the Performance and Payment Bond is submitted to and accepted by the AUTHORITY. If the CONTRACTOR fails to supply a Performance and Payment Bond, the AUTHORITY shall be entitled to retain the Proposal Bond to rectify the CONTRAC~OR'_S unacceptable .performance. Pending successful_annual. CONTRACTOR re-certification, the Proposal Bond shall be in effect for the entire term of the Contract except for the period(s) of time when a Performance and Payment Bond is in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Contract No. 01-252 -I 1- 06/07/01 In Witness Whereof, the Solid Waste Authority of Palm Beach County, and have executed this Contract all as of the day and year first above written. SOLID WASTE AUTHORITY OF PALM BEACH COUNTY: Approved aa to Form and Legal Sufficiency: General Cot~nsel to the Authority PHILLIPS & JORDAN, INC.: Corporate Secretary (Corporate SeaO Contract No. 01-252 - 12- 06/07/0 V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM B.3 AGENDA ITEM REQUEST FOa v Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting; Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) · [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal c.- -< o NATURE OF [] Announcement [] New Business '~: :-~ AGENDA ITEM [] City Manager's Report [] Presentation cr~ :-~-~ [] Consent Agenda [] Public Hearing --o ~;;--~ [] Code Compliance/Legal Settlements [] Unfinished Business ? "~-~r~ RECOMMENDATION: Motion to award the Bid for the "ANNUAL CONTRACT FOR MEDICAL AND DRUG~ SUPPLIES", Bid # 069-1412-03/JA, to various vendors with an estimated annual expenditure of $35~000.00. CONTRACT PERIOD: May 21, 2003 to May 20, 2004. EXPLANATION: This is a joint bid with the City of Delray Beach FI,. Bid # 2003-25, acting as the lead agency. On May 20, 2003, The City of Delray Beach opened and tabulated eight (8) proposals. The multi-award recommendations is based on the low bid per product grouping. The four companies recommended for award are the lowest, most responsive, responsible bidders who meet specifications: all have supplied product satisfactorily in the past. Agenda Request and Award Recommendation (see attached memo).The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to establish firm prices for the purpose of the Medical and Drug Supplies for the Fire Department. These supplies are ordered on an "AS NEEDED BASIS", and stocked in the City's Warehouse. FISCAL IMPACT: ACCOUNT NUMBER/NAME ESTIMATED ANNUAL WAREHOUSE INVENTORY ~ 502-0000-141-01-00 $35,00~0~. ~'~ D-~puty'Director of Fin'ancial gervices --~ ~.~i'ty Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources S:XBULLETINheORMSXAGENDA ITEM REQUEST FORM.DOC MEMO PURCHASING DIVISION TO: Carol Doppler, City of Boynton Beach Procurement FROM: Jackie Rooney, Purchasing Manager % DATE: May 15, 2003 SUBJECT: Medical & Drug Supplies Bid #2003-25 Joint Bid with City of Boynton Beach Attached is the "Awarcl Recommendation" from the Delray Beech Fire Department for the above referenced bid, The Fire Department is recommending award to Iow bidders for Group 2 thru 7. Group 1 contained three items that were "sole source" which Purchasing did not know about at the time the bid wes sent out. The Fire Department recalculeted the bids from the three companies submitting a complete bid for this Group #1, excluding the sole source items, and recommends award to Iow bidder Emergency Medical Products, Inc. Attached is the sole source justification from LMA North America. If you approve of this recommendation, please sign 13elow and fax back to my attention, and I will proceed with the Commission Agenda for award. Recommend Approval: Date / - ~~-'"'- City-of Boyt~ ea urement Attachments: Memos from Deiray Beacl~ Fire Department Sole Source Letter from LMA North America MEMORANDUM '!'o: Jackie Rooney, Purchasing From: C. Roger Hardin, Paramedic L~. Date: 15 May, 2003 Subject: BiD #2003-25, Medical/Drug supplies With reslmct to my memorandum of 6 May, 2003 regarding the Group 1 items ..~4, #45, and #74 being "sole source" items that should not have been included in the "group" bid process: I h,,ve recalculated the bids based on leaving out those items ~a! are "sole source". Disregarding those items mentioned above, only three companies submitted "compete~ bids for Oroup 1, with the totals as follows: Matrx Medical, Inc.: $ 4,439.71 Emergency Medical Product~, Inc.: $4,294.15 (LOW BID) Southeastern Emergency Equipment: $5,048.33 [t is my recommendation, based on the above, that the award for Group I be given to Emergency Medical Products, Inc., which submitted the lowest bid. C. Roger Hardin Enclosures: Memorandum dated 6 May, 2003 Letter from Malrx Medical, Inc, l.etter from LMA North America, Inc. 561~37166 CI~Y ZF DELRP~ BEAC~ 8~ P04 MAY ,MEMORANDUM To: Jaclde Rooney, Purchas/ng From: C. Roger Hard/n, Paramedic Lt. Date: 6 May, 2003 Subject: BID Ir'2003-25, Medical/Drug Supplies I have cxarninexi the bid proposals ~s submitted for our medical supplies and recommend the bids to be awarded as follows: Group 2 (Intravenous Supplies): Emergency Medical Products, Inc .... LOW BIDDER Group 3 (Medications): Sun Belt Medical/£mergi-Source...LOW BIDDER Group 4 (Diasnostics and In~xurneuts):Southeastern Emergency Equipment.. LOW BIDDER · Group B (Splints and Immobilization Supplies and Equipment}: Matrx Medical, In; .... LOW BIDDER Group 6 (Bandages and Dressing Tape): Emergency Medical Products, Inc .... LOW BIDDER Group 7 (infection Control Equipment and Supplies): Emergency Medical Products, Inc .... LOW BIDDER With respect to Group 1 (Airway Management Equipment and Supplies)...It has come to my axention that three items in ',he group axe "Sole Source"...i.e. ~hey are only available from one distributor in the state of Florida... the items are: Item # 44. L&rFngen.! Mask Airway Adult g4 - #LA. 12140, Box of (LMA North America--NO SUBSTITUTES) Item # 45. Laryngeal Mask Airway Adult//5 - #LAI2150, Box of 5 (LMA North America--.NO SUBSTITUTES) Item # 74. Adult CPAP Set (incl. hose, filter, 10 cm. valve~ heed str~p) (M. AT~X VIC73 IXX1 l~O SUBSTITUTES) ~¢$*Z437266 Jl ~F DELRP'¥ BEACH : 06 MAY t5 'OS 12:58 May $, 2003 Mr. C. Roger Hardin City of Delray Beach Fire Department Fax: 561-243-7461 Dear Mr. Hardin: 'lTtis is to c, eni .~ that LMA North America. Inc. is the exclusive U.S. distributor of the I~ATM products under a distn~x~tion a~reement w~th the Larynseai Mask Company "L~.C", the manuf~a~urer of the Lt~4TM products. LMA North America lu~ ap~oi~ MDS Matnt of I~llentine, SC as the exclunive distributor of this product to pre-hospital Emergency Medical Services for the state of Florida, As such, MDS Matrx is the sole source ~ot this product tSr this rnazket. You ~ould contact MDS Matrx at 1-800-845-3550 to order, Best regards. Associate Director Customer Service and Sales Support 5612437L66 CI-Y ~ DELRA¥ BEACH 8~ PO? MAY 15 '03 11:58 P.O. Box 210' G~me Roed. iMIMmtne. S.C. 29002. ~eleghone (IJ03) ;,81.337'0' F:AX (808) 781-8729 MEMORANDUM TO: BILL ATKINS DATE: JUNE 4, 2003 DEPUTY FINANCE DIRECTOR FROM: DOMINIC DEMAURO SUBJECT: AWARD RECOMMF~NDATION BID # 069-1412-03/JA "ANNUAL CONTRACT FOR MEDICAL AND DRUG SUPPLIES" The tabulation sheet from the City of Delray Beach Purchasing Department has been reviewed, and I recommend a multi-award to the over all low bidder by product category. This is a joint bid with the City of Delray Beach, Bid # 2003-25, approved by the Delray Commission on May 20, 2003, (see attached documentation). Our Annual Expenditure is 35,000.00. If you have any questions please contact me at 6322. DELRAY BEACH ....... .;( '," ~:~ AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 Ail-America City 1993 JUN 0 2 2003 2oo I Emergency Medical Products, Inc. p~c. ~.- ,.¢$ERVICES Atto: Bradley O. Smith, VP/Salcs 1711 Paramount Court Waukcsha, WI 53186 SUBJEC r: Bid #2003-25 Medical and Drug Supplies - Annual Contract Joint Bid with City. of Boynton Beach Dear Mr. Smith: Our City Commission, on May 20, 2003, approved the award of the above referenced bid to various vendors. Group(s) and/or item(s) awarded to your company are as follows: Group #1 - Airway Management Equipment and Supplies Group #2 - Intravenous Supplies Group 06 - Bandages and Dressing Tape Group #7 - Infection Control Equipment and SuppUes Term of the contract will be from May 21, 2003 through May 20, 2004. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this joint bid. We would like to thank you for your interest in the City of Dekay Beach. If you have any questions, you may contact me at 561/243-7163. Sincerely, Jacklyn Rooney Purchasing Manager JR/sdl cc: Joseph M. Saffo~mance Director Carol Doppler, City of Boynton Beach Rodger Hardin, Paramedic Lieutenant THE EFFORT ALWAYS MATTERS P.mtecJ on Recycled Par)er DF:LI~Y "'.': s: ~VENUE * OELRAY BEACH, FLORIDA 33444 · 561/243-7000 JUl-America Cily 1993 2001 Sun Belt Medical/Emergi-Source Atto: Stacey Barksdale, Vice President 20 Capital Drive Hilton Head, SC 29926-2340 SUBJECT: Bid #2003-25 Medical and Drug SuppUes - Annual Contract Joint Bid with City of Boynton Beach Dear Ms. Barksdale: Our City Commission, on May 20, 2003, approved the award of the above referenced bid to various vendors. Group(s) and/or item(s) awarded to your company are as follows: Group #3 - Medications Term of the contract will be from May 21, 2003 through May 20, 2004. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this joint bid. We would like to thank you for your interest in the City of Delray Beach. If you have any questions, you may contact me at 561/243-7163. Sincerely, Jacklyn Rooney Purchasing Manager JR/sdl cc: .Joseph M. Safford,~ce Director Carol Doppler, City of Boynton Beach Rodger Hardin, Paramedic Lieutenant ~,~PrintectonRec~/cleEPaoer THE EFFORT ALWAYS MATTERS DELRAY BEACH ., ',,,/ ~3t AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-700 NI-AmericaCity 1993 20o~ Southeastern Emergency Equipment Attn: Teresa Shepherd, Customer Service Rep. P. O. Box 1196 Wake Forest, ND 27588 SUBJECT: Bid #2003-25 Medical nnd Drug Supplies - Annual Contract Joint Bid with Ci~ of Bo~n~ton Beach Dear Ms. Shepherd: Our City Commission, on May 20, 2003, approved the award of the above referenced bid to various vendors. Group(s) and/or item(s) awarded to your company are as follows: Group g4 - Diagnostics and Instruments Term of the contract will be from May 21, 2003 through May 20, 2004. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this joint bid. We would like to thank you for your interest in the City of Delray Beach. If you have any questions, you may contact me at 561/243-7163. Sincerely, Purchasing Manager JR/sdl cc:. Joseph M. Saffor~ce Director Carol Doppler, City of Boynton Beach Rodger Hardin, Paramedic Lieutenant THE EFFORT ALWAYS MATTERS .,Printed on Recycled Paoer DELRAY B~CH ~:,_.~; W ;~; ';VENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 · l-~eria Ci~ 1993 2~1 Ma~ Medic~, hc. A~: Sco~ B~er 200 Gates Road, P. O. Box 210 B~lent~e, SC 29002 S~CT: Bid ~2003-25 M~ical and Drag SuppH~ - ~nu~ Con~ct Jolt Bid ~th Ci~ of Boston Beach De~ ~. B~er: O~ Ci~ Co~ssio~ on ~ay 20, 2003, approved ~e awed of ~e ~ve ~fe~ ~d to v~ous vendor. ~oup(s) ~or item(s) a~d~ to yo~ ~mp~y ~ ~ follows: Group ~ - Sp~ and Immobilization SuppU~ ~d Kq~pment Te~ of ~e con, ct ~11 ~ ~om ~ay 21, 2003 ~ May 20, 2004. I~ms ~11 ~ ordered ~a ~di~d~ p~c~e orders ~or bl~ ord~ rele~es on ~ "~ needed" b~is for ~e con~act te~ ~om each p~cipa~ en~ offs jolt bid. ~e wo~d l~e to ~ you for yo~ ~te~ ~ ~e Ci~ of De~y ~h. ~ you ~ve ~y que~o~, you may coast me at 561/243-7163. S~cerel~, P~ch~g M~ager ~sdl cc: 'Joseph M. S~o~~ce D~ctor C~ol Doppler, CiO of Boston B~h Rodger H~ P~medic Lieute~t THE EFFORT ALWAYS MATTERS Printed on Recycled P3Der laURCHAS|NQ OM$1ON TO** Caro~ Ooppier. City of 8otm~n Oeec~ Pm~;mm~t FROU: Jacklo Roo~ey. Purgh~lng Idaneger ~. DATE: Uay 16. 2003 SUBJECT: Medical & Drug Sup~ Old ~5 Attedmd ii, the *AMmrd RIc~' fn3m the ~dmy ~ Fire OepaTtmem fer the ebeve re~mnmd bid, *me Fire Depadm~t i~ re~~ mwd to k~w ~ for Grou~ 2 thru ?. ~now alx)ut at ll~e time I~o.bid w~ Mr~ ~r~. The Fire Dep.~.~ ram/miMed the bidl ft~m the throe (x)mpankm ~ubmltttng a rec~rn, rm~cls award ~o Iow bidder Emerg~W Medkml Pmdu(~. lnG. ~ approve o~ mi. re~mmenMt~n. Meade ~. ~a~ ~~ m r~ afternoon, and I w~ pmcled w~h the Cmnmlm~m Agenda for mmm. Memos from Oeimy Beech Fire OeperUmnt Sole ~ouree LeOer from LMA Ncwth AmMtca Mr. C. Roffer Hard~ City of Delray ~ Fir~ Departmem Fax: $61-243-7461 ~t~is is to certify that LMA North America, lac. b tl~ ~si~ U.8. ~ of the Best regards, Ba. rbam Stinc~oid ~ Dir~tor Customer Service and ~es Su~n ,MEMORANDUM To: Ja~kie Rooney, Purch~ing From: C. Roger Hardin, Paramedic Lt. Date: 6 May, 2003 Subject: BID #2003-25, Medical/Drug Supplias' I have examined the bid proposals as submitted for our m~ltcal suppli~ and recommend the bids to be awarded as follows: Group 2 (Intravenous Supplies): Emergency Medical Products, lac .... LOW BIDDER Oroup 3 (Medications): Sun Belt Medical/£mergi-$ouroe...LOW BIDDER Oro up 4 (Diagnostics and In,slrtnnenta): Southeast~' ~encY Equipment.., LO W BIDDER. Group 5 (Splints :.nd Immobilization Supplies and Equipm~t): Matrx Medical, inc .... LOW BIDDER Oroup 6 (Bandages and Dressing Tape): ~¢y Medic, al Products, Inc .... LOW . .. BIDDER ~3mup 7 (Infection Control Equipment and Supplies): Emergency Medical Products, Inc .... LOW BIDDER With respect to Group 1 (Airway Management Equipment'~md l~ppli~)...I! has ~me ~ my ~fion ~ ~e ite~ ~ ~ ~ ge ~b ~oe".,,i.~ ~y ~ ~y a~hble tom one di~b~r ~ ~e s~ ofFlofl~...~ i~ ~: I~m ~ ~. L~efl M~ ~y ~flt ~4 - 8~12140, Box of 5 " ~ No~ ~~--NO ~S~S) I~m ~ 4~. L~ge~ ~k ~y Ad~t ~$ - ~12150, Box of ~ l~em ~ 74. ~ult CP~ ~t (~cl. ~se, ~, ~ 10 ~. vflv~ he~ ~p) (~~ VIC731~1 I~NO [fly OF flELRRY BEI:I[H ~ 100 N.W. 1st AVENUE DEL, RAY BEACH, FLORIDA 33444, 5611Z43-7000 -' CITY OF DELRAY BEACH ~g3 BID #2003-2S 2ool MEDICAL/DRUG SUPPLIES FOR FOR FIRE DEPARTMENT AN~'UAL CONTRACT Addendum No. ! dated March 28, 2003, to the Specifications and Contract Documents for the above referenced project, is hm'eb~ declared a part of tile original Specificalions and Conlr~ Documents, md in case of conflict, ~he following Addendim~ ~ gov~'n. Bidders are advised that the information contained in this Addendum is abbreviated and general in nature. It is the Bidders responsibility to include all items necessary for the proper execution, coontination and completion of all work'service directly affected by this Addeudum. CHANGES ARE A~ FOLLOWS: Group 5, PIge 35, Item #I89, To read a~ foliow~: ~]LbJ~i_~.~ Adjustable CoUmr, 30 per cue, l~mn~ P~h~c ~d Ge~at~c Set~g~ ~U-NO SUBST~UTES Bidders shall acknowledge receipt of this Addendum by completing the appropriate section below ~d submitting with your bid proposal package. J~i~l~, RoSaey Purchmsing Manager ADDENDUM #1 Authorized Si~'mt~'~: Name & Title: Company Name: Address: Phone: Fax: THe EFFOMT A[.w~Ys M~EnS C: DOMINIC D~URO - W~EHOUSE ~AGER Sent 3/31/0~:~* JIM NESS - DEPU~ FI~ CHIEF FILE RECEIVED City of Delray Beach b4AR 1 7 2003 100 N.W. 1*t Avenue ~,~.~ SERV,C~ Delray Beach, FL 33444 " ' 561/243-7163 Medical and Drug Supplies for the Fire Department - Annual Contract Bid #2003-25 March 13, 2003 ATTENTION SALES MANAGER: Please find attached our request for your bids for the "Medical and Drug Supplies for the Fire Department - Annual Contract" which is due in the City of Dehay Beach, Purchasing Office, 100 N.W. 1st Avenue, Delray Beach, Florida, 33444, no later than 3:00 P.M., on Friday, April 11, 2003. This is a joint bid with the City of Boynton Beach. This bid calls for various medical and drug supplies as required by the City of Delray Beach Fire Department, City of Delray Beach Ocean Rescue Department and the City of Boynton Beach Fire Department. The City of Delray Beach is the lead "governmental entity" for this particular joint bid and as such have attached our "Boilerplate" language (Pages 1 thru 5). Whenever in this "Invitation to Bid" documents you see the singular reference to the City of Delray Beach, it shall be understood as referring to the City of Delray Beach and City of Boynton Beach. For purposes of bid evaluation, Bidder MUST indicate any variances to the specifications, terms, and conditions, no matter how slight on the BID form. If you have any questions regarding the bid specifications or how to submit your bid, please contact me at (561) 243-7163. Sincerely, c: Dominic De Mauro -Warehouse Manager Jim Ness -Deputy Fire Chief File Jacklyn Rooney Purchasing Manager Attachments V.-CONSENT AGENDA O ZTEM B.4 "' CITY OF BOYNTON BEAt AGENDA ITEM REQUEST FORM Requested City ComnUssion Date Final Form Must be Turned Requested City comrmssion Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award the bid for "ANNUAL SUPPLY OF METAL CONTAIi~RS,~lgD ROLL-OFFS" BID g057-2510-03/CJD to INDUSTRIAL REFUSE SALES, of Eaton Park, Florida in the ~tnotr~ "&': CONTRACT PERIOD: JULY 15, 2003 TO JULY 14, 2004 c.n ~'~ ~ EXPLANATION: On May 22, 2003, Procurement Services received and opened four (4) proposals for the ~ove~ ~ mentioned bid. After review and evaluation, it has been determined to recommend award of this bid to la,striae] r~~ Refuge Sales of Eaton Park, Florida whose bid was the overaU lowest, most responsive, responsible bidde~J~ho ~e~ all specifications. Larry Quinn, Solid Waste Manager concurs with this recommendation. (See attached memo ~q)3a: 093). The provisions of this bid award will aUow for a one (1) year extension at the same terms, conditions, and prices subJect to vendor acceptance, satisfactory performauce and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to establish aa annual fixed price for the purchase of metal containers and roU-offs to be used throughout the City for commercial/multi-resideutial accounts for the purpose of refuse collection. FISCAL IMPACT: BUDGET ACCOUNT #: ESTIMATED EXPENDITURE: 431-2515-534-64.19 $100,00~0.~, /~ - Deputy Director of Financial Services t" ~i'ty ~[n~ger's Signature Procurement Services ~~, Department Name City Attorney / Finance / Human Resources S:~BULLETINXFORMSLa, GENDA ITEM REQUEST FORM.DOC C: Larry Quinn - Solid Waste Manager File RECEIVED o DEPARTMENT OF PUBLIC WORKS Memorandum No. 03-093 PROCU~T SERVICES · - TO: Bill Atkins, Deputy Finance Director / Procurement VIA: Jeffrey Livergood, Public Works Director q [~ ~ Christine Roberts, Assistant Public Works Director FROM: Larry Quinn, Solid Waste Manager DATE: May 28, 2003 SUBJECT: Annual Supply of Metal Containers and Roll-offs Bid//057-2510-03/CJD I have reviewed the tabulation sheets attached on the above referenced bid and recommend the bid be awarded to the apparent low bidder, Industrial Refuse Sales. The budget account number is 431-2515-534-64.19 for an estimated expenditure not exceed the budget amount of $100,000. Should you need any additional information, please contact me at Ext. 6206. - LQ/pi Attachments Copy: PW Files .~. o o,ooo:o;~ 00000~ ooooo c ~ ~ ii L~ >  .< C>~c> 0 o c> -0 p0 I o~[8 ~~ .......... o o o oo o o o o o .... ~. · - ~ 0 00000 .... ...... 000[00~ ~ 0000 00,00 ~ o o o o ~??~] o o o o o o o o o ~]%~ .... o~ mm 0 0 ~ .......... ~ ~ b o 0 .......... 8~e BID NAME: "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL- OFFS" BID NUMBER: 057.2510-03/CJD COMMISSION AGENDA: JULY 15, 2003 BROADCAST LIST: 172 VENDORS -DEMANDSTAR 11 VENDORS - PROCUREMENT DATABASE BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR COMPLETING A CITY VENDOR APPLICATION. PLANHOLDERS: 20 VENDORS PLANHOLDERS ARE VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR RECEIVED FROM PROCUREMENT SERVICES. BIDS: 4 VENDORS BIDS REPRESENT THE NUMBER OF PLANHOLDERS THAT ACTUALLY SUBMITTED BID PROPOSALS. ATTACHMENTS: PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY. BROADCAST LIST FROM PROCUREMENT ACCESS DATABASE SHOWING VENDORS WHO WERE NOTIFIED BY INVITATION TO BID. NAME OF BID: "ANNUAL SUPPLY OF METAL CONTAINERS & ROLL-OFFS", BID #: 057-2510-03/CJD BROADCAST LIST - 11 VENDORS (PROCUREMENT DATABASE) CONSOLIDATED DISPOSAL SYSTEMS, INC. DOUBLE EAGLE WELDING & EQUIPMENT SERVICE 2414 NORTH RANGE STREET 410 W. INDUSTRIAL AVENUE DOTHAN, AL 30081 BOYNTON BEACH, FL 33426 EBCO ENVIRONMENTAL BINS & CONTAINERS FLORIDA INDUSTRIAL EQUIPMENT, INC. 2101 S.W. 56TERRACE P.O. BOX 7101 HOLLYWOOD, FL 33023 LAKELAND, FL 33807 GT SUPPLIES, INC. INDUSTRIAL REFUSE SALES A.K.A. WASTEQUIP 7010 BARBOUR ROAD 2624 MINE AND MILL LANE WEST PALM BEACH, FL 33407 LAKELAND, FL 33801 NEDLAND INDUSTRIES, INC. OTTO INDUSTRIES, INC. 315 RAILROAD STREET 12700 GENERAL DRIVE RIDGELAND, WI 54763 CHARLOTTE, NC 28273 SOUTHERN WASTE SYSTEMS, LLC TOTER INCORPORATED 790 HILLBRATH DRIVE 841 MEACHAM ROAD LANTANA, FL 33462 STATESVII,I~E, NC 28677 Planl~olders List - DemandStar by Onvia Page I of 2 PlanholderS List I~lember Name City of Boynton Beach Bid Number ITB-057-2510-03/C.1D-0-2003/CD ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL- Bid Name OFFS Number of Documents for this I (Not Including Plans) bid 20 Planholder(s) found. Doc Supplier Name Phone Fax Count Attributes Actions McclaJn Of Oklahoma (405) 691- (405) 692- 1 Documents 6311 7938 Constructionjournal.com (800) 785- (800) 581- 5165 7204 i Documents TRANSTAT EQUIPMENT (407)2040857- (407)7127855- I Business1' Small Documents Rolloffs Of America (580) 924- (580) 924- 1 Documents 6355 1285 (704) 588- (704) 588- Otto Industries, Inc. 9191 5250 i Documents Wastequip Industrial (863) 665- (863) 667- 6507 0432 1 Documents (863) 869- (863) 869- 1 1. Small Documents Florida Can, Inc. 9339 8566 Business Radioland, Inc. 502-589-4214 502-589-4721 1 Documents (740) 344- (740) 344- Modern Welding Co. Inc. 5799 6244 I Documents Sweetwater Environmental, Inc. 863-471-6241 863-471-6571 I Documents Suburban Waste & Recycling 814-897-1593 814-897-1593 i Documents FMSDC 4072456062 4078578647 1 Documents 1. Small Business TRI-CO SUPPLY, INC. 863-467-0333 863-467-8656 I 2. Woman D_o._c_um_e_n_t_s Owned 1. Hispanic Owned Diversified Specialty Services LLC 203-397-8803 203-397-8030 1 2. Small Documents Business Industrial Refuse Sales (866) 665- (863) 667- i Documents 6507 0432 Industrial Refuse Sales (866) 665- (863) 667- i Documents 6507 0432 Ebco Environmental Bins & 9549679999 9549679900 1 D~oc_u_m_e o_t__s_. Containers http ://www.demandstar~c~m/bu yer/bi ds/P~anh~~der-List.asp ?F=s~arch&-PU=% 2Fbuy~r%.~~ 6/17/2003 Planholders List - DemandStar by Onvia Page 2 of 2 · - (706) 547- (706) 547- 1 IDocuments I Lewis Steel Works 6561 3020 ......... I (954) 327- (954) 327- i [D_~ I Hesco Sales, Inc. 1945 0223 http://www.demandstar.c~m/buyer/bids/P~anh~~der-List.asp?F=search&-PU=%2Fbuyer%... 6/17/2003 V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM B.5 AGENDA ITEM REQUEST R~u=st~l City Commission Dat~ Final Fo~m Mu.st b~ Tumid R=que~tad City Commmion Dar= Final Form Mint be Tum~ in M~timz Dales in to City Cl¢~k's Office M~imz Datm to City Clerk's Offie~ [] April 1, 2003 March 17, 2003 (Noon.) [] Jun~ 2, 2003 May 19, 2003 (Noon) [] AprillS, 2003 March 31, 2003 (No~) [] Jun~17, 2003 Juzm 2, 2003 (Noon) ~---~ [] Adminigtrativ~ [] /.~gal ~ "~.~r~, NATURE OF [] Announcement [] New B,~ness ?~ ,~ AGENDA ITEM [] City Manager's Report [] P~esentation [] Consent Agenda [] Public Heating [] Cod~ Compliance/I~ Settlements [] Unfim~d ~ RECOMMENDATION: Motion to award Bid ~058-2413-03/CJD, Poinciana Heights Water Main Replacement Project, to AKA Services, Inc., and execute a contract by resolution in the amount of $ 616,115.00. Motion is also recommended to approve an owner's contingency of 10% in the amount of $ 61,611.50 for a total project budget appropriation of $ 677,726.~0. EXPLANATION: The Poinciana Heights Water Main Replacement Project will replace the potable water mains in the section of Boynton Beach permitted as Cherry Hills/Boynton Heights, and improve the quality of service to that area. Other improvements include the installation of debris shields in the FDOT Type 5 and 6 inlets, since street sweeping machines are unable to remove debris that causes street flooding. Video inspections performed by the City did not indicate a need to incorporate any repairs or modifications to the existing sanitary sewer or stormwater systems as part of this project Seven (7) competitive bids were received and opened by Procurement Services on May 28, 2003. All bid proposals were submitted to Utilities for review and recommendation. AKA Services, Inc. has performed satisfactory work for the City in the past and was able to deliver the project on time and under the funding limit Hartman & A~ociates, Inc., the design professional, concurs with Utilities' award recommendation to AKA Services, Inc. as the lowest, most responsive, responsible bidder who meets aH specifications. SABULLETIN~FORMS~GENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: This project includes all construction services to furnish and install approximately 6,600 linear feet of new 6.inch diameter ductile iron water main; furnish and install fire hydrant assemblies and debris shields; abandonment of existing water services, meters and 2-inch water mains; perform water service connections and testing for disinfection; and road and landscaping restoration. FISCAL IMPACT: Funds are available in the following accounts: BUDGET ACCOUNT BUDGET ACCOUNT APPROVED AMOUNT NAME NUMBER Utilities/CIP Water R&R 401-5000-590-96-02, W'IR 107 Contact Amount $ 616,115.00 U_tilifies/CIP Stot mwater 401-5000-590-96-07, STM023 Utilities/CIP Water R&R 401-5000-590-96-02, WTR 107 Contingency 10% $ 61,611.50 Utilities/CW Stormwater 401-fl000-$90-96-07, STM023 TOTAL BUDGET APPROVED $ 677,726.50 ALTERNATIVES: By replacing the water mains, residents will be provided with quality potable water service and the installation of the debris shields will prevent future street flooding in this area. The alternative would only postpone necessary improvements.  Dale S. Suger~an Kurt Bressner Assistant City Manager City Manager Department Nsme City Attorney / Finance / Hudi_~n :±~_< -- Resources ~_- -< c~ bc: Dale $ugerman, Assistant City Manager po ~o~ Bob Kenyon, Deputy Utilities Director ~.o ~ ~ Mark Law, Deputy Utilities Director '~ ~ ~ Paul Fleming, Sr. Project Barb Conboy, Manager, Utilities Administration File S:~BUIA~TIN~FORMS'~.GENDA ITEM REQUEST FORM. DOC '--. RESOLUTION NO. R 03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF BID FOR POINCIANA HEIGHTS WATER MAIN REPLACEMENT PROJECT, BID #055-2413-03/CJD, TO AKA SERVICES, INC., IN THE AMOUNT OF $616,115.00; AUTHORIZING EXECUTION OF THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 28, 2003, Procurement Services received and opened seven competitive bids. At~er review and evaluation, it was determined that the bid submitted by AKA Services, Inc., was the lowest most responsive bidder who meets all specifications; and WHEREAS, the Poinciana Heights Water Main Replacement Project will replace the potable water mains in the section of Boynton Beach permitted as Cherry Hills/Boynton Heights, and improve the quality of service to that area; and WHEREAS, this project includes all construction services to furnish and install approximately 6,600 linear feet of new 6-inch diameter ductile iron water main; furnish and install fire hydrant aSsemblies and debris shields; abandonment of existing water services, meters and 2-8inch water mains; perform water service connections and testing for disinfection; and road and landscaping restoration. WItEREAS, the City Commission, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to award this bid (#058-2413-03/CJD), and enter into an agreement between the City of Boynton Beach and AKA Services, Inc., in the amount of$616,115.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION S:\CA\RESO~,greements~Bid Awards\Bid Award - Poinciana Heights Water Main.doc OF THE C. iTY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, hereby approves the award of bid. #058-2413-03/CJD, and enter into an agreement between the City of Boynton Beach and AKA Services, Inc., in the amount of $616, I 15.00; authorizing the City Manager to execute a contract, a copy of which is attached hereto. Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS ~ day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner -- Commissioner ~T: Clerk S:\CA\RESO~,greements\Bid Awards~Bid Award - Poinciana Heights Water Main.doc BID TITLE: --. POINCIANA HEIGHTS WATER MAIN REPLACEMENT PROJECT BID NUMBER: g058-2413-03/CJD PROJECT NUMBER: WTR107 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 15th day of July, 2003~ by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and AKA SERVICES INC., a Florida Corporation (_.~_) Check One a Florida General Partnership ( a Florida Limited Partnership ( a Sole Proprietor ( ) hereinafter called "CONTRACTOR". WITNESSETH A. The City has heretofore invited bids for a City construction project ("Project") identified by the bid ritle, bid number and project number listed above and commonly referred to as: POINCIANA HEIGHTS WATER MAIN REPLACEMENT PROJECT B. Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 28th day of Ma¥~ 2003~ for the total bid amount of $616~115.00. C. On the 15th day of Juiv~ 2003~ the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement. D. The Parties agree that the Project is scheduled to be completed within 90 calendar days of the issuance of the Notice to Proceed, subject to CITY approved rime extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained h_e~ein, the parties agree as follows: c-I 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing recitations contained in Paragraphs A-C are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction (GC-2) 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The Contract Documents are the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (CC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7..(2ertificate of Insurance 2.2.8. -Public Construction Bond 2.2.9. Letters of Credit 2.2.10. Technical Specifications 2.2.1 I. Contract Drawings and Plans 2.2.12. Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties C-2 3. OBLIGATIONs OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish ail 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 Documents. 3.1.2. Perform ail the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materiais and supplies and to do ail 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 Project Manager and strictly in accordance with the Contract Documents. 3.1.4. Guarantee ail work and materials for a period of one (1) year. Upon receipt of written notification from the CITY, CONTRACTOR shall 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 shail make the necessary corrections within ten (10) days of receipt of the written notice. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. Furnish release of liens forms from ail subcontractors and suppliers of materials. Release of lien forms to be utilized shall be supplied by CITY. 3.1.6. 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. _ - 3.1.7. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.8. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.9. Perform such other tasks as set forth in the Contract Documents. c-3 3.1.q0. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. 3.2. 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 resulting from their acts or omissions or the acts or omissions of their subcontracts or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5, COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 90 calendar days following the commencement date as specified in same. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or 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 the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of completion. 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and an3}-changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. C-4 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $ 500.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to complete the work within 90 calendar days from the commencement date as indicated in the written "Notice to Proceed". The CITY shall have the fight to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or kis Surety. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the General Conditions for Construction (GC-44, GC45, and GC46). 8. INDEMNIFICATION 8.1. 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, servants, or employees in the performance of services under this Agreement. 8.2. 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 paralegal expenses at both the trial and appellate levels) 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 in the amount of ten dollars ($10.00) sufficient to support this obligatfon of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. c-5 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in. the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. 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. 9. PAYMENT BY CITY 9.1. 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 Contract Documents. 10. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from 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. Changes in the work must be processed as set forth in the General Conditions for Construction (G-C-57). 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. 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 allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is Mark Garbriel~ P.E. Hartnmn & Assoeiates~ Inc. {954} 236-3360. 11.2. The Project Engineer shall have general supervision and direction of the work. The Project 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 such C-6 authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer is, 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 authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with ail other Contract Documents, a master set of which shail be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shail be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shail be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the Generai Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the 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, ail such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the ~{,ent 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 other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materiais, the sole remedy available to CON'IaZ~CTOR shail be by extension of the time ailocated to complete the project. 15.2. NO MONETARY DAMAGES SHAI~I~ BE CLAIMI:~ OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DF~LAY IN THE PROJECT C-7 ''2' ~N ACT OR OMISSION OF TI-IE CITY, ITS AGENTS OR '~ONTRACTOR ACKNOWLEDGES THIS IJMITATION ON ~D ASSUMES ALL MONETARY RISK ASSOCIATED WITH 'ON. 3y acknowledges that he has read and understands the above provision. ~art of CONTRACTOR to timely process a request for an me to complete the work shall constitute a waiver by and CONTRACTOR shall be held responsible for completing he time allocated by this contract. extension of time to complete the work shall be made in .he General Conditions for Construction (GC 24) ~f this section, the phrase "the CITY, its agents and employees" ~hall not be limited to the Project Engineer and Project Manager. resolved as set forth in the General Conditions for Construction of a dispute by the Owner, either party may request the mediator. OF, the CITY has caused these presents to be signed by its City 'ty Clerk with the Corporate Seal of the said CITY and the ese presence the day and year herein before written. CITY OF BOYNTON BEACH, FLORIDA City Manager Approved as to Form: City Attorney C-8 Signed, sealed and-'Witnessed AKA SERVICES, INC. in the presence of: President or Vice President Attest as to CONTRACTOR State of Florida ) ) ss: County of Palm Beach ) On this __ day of ,20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: C-9 ~ Utilities Department " City of Boynton Beach '-" Project Management Team Interoffice Correspondence TO · Bill Atkins, DATE: June 10, 2003 Deputy Director of Finance ~ FROM: Paul Fleming, /~~ PHONE: 6487 Senior Project Manager PROJECT: Poinciana Heights Water Main Replacement Project Bid #058-2413-03/CJ D SUBJECT: Recommendation of Contract Award bcc: File: 2.2 R. Kenyon B. Conboy K. Riseley M. Gabriel, P.E. (via fax 954-236-5601) This ofr~.,e has reviewed the bid tabulation sheet and related information for the project/bid and hereby recommends contract award in accordance with the following data: Project Name: Poinciana Heights Water Main Replacement Project Recommended Contractor. AKA Services, Inc. This is the iow bidder for Bid IK)28-2413-03/CJD whose bid represents the most advantageous bid to the City, pdce and other factors considered. Award Amount: $ 616,115.00. A Contingency of 10% of the award amount, $61,611.50, will be set aside for unforeseen site conditions to be managed by the Senior Project Manager. The requested total funding authorization is $ 677,726.50. Account Number. 401-5000-590-96-02 WTR107 401-5000-590-96-07 STM023 Verification of Contractor Responsibility: The Utilities Department and the project consultant, Hartman & Associates, Inc., have verified that AKA Services, Inc. has performed successful similar construction work for numerous municipalities in South Flonda and for the South Flodda Water Management District. In March of 2002, they also successfully completed the Costa Bella Drainage Improvements project for the City on time and under the funding limit. Compliance with the Plane and Specifications: No exceptions ware taken to the construction documents. Utilities Department City of Boynton Beach Project Management Team Interoffice Correspondence Client Office Concurrence: Bid results were discussed with Robert Kenyon, Deputy Utilities Director, who has indicated his concurrence with the award recommendation to AKA Services, Inc. If you have any questions, please contact me at Ext. 6487. Attachments: Agenda Item Cover Sheet and Checklist Agenda Item Request Letter of Recommendation from Hartman & Assoc., Inc. with Bid Tabulation .:S.HARTMAN & ASSOCIATES, INC. { )FFICERS hyd engineers, rogeologists, surveyors & management consultants ~ ....... , .... ,d.-. ,',, June 4, 2003 ,,,.~,, ~ --. ..... ,',: HAI#00-197.11 Mr. Paul M. Fleming Senior Project Manager City of Boynton Beach 124 E. Woodbright Road Boynton Beach, FL 33435 Subject: Task Order No. 7 Poinciana Heights Water Main System Upgrade Bid Tabulation Dear Mr. Fleming: This office has reviewed the bid submittals of the three apparent lowest bidders and offers the following: 1. AKA Services, Inc. ($616,115.00): A. Per City Purchasing Department, all required documents were submitted. B. Statement of Bidder's Qualifications, Item 6 - no response. Note, however, that projects listed are of a character similar to proposed work. C. Schedule Sequence needs possible adjusting. 2. United Engineering Corporation ($648,660.00): A. Per City Purchasing Department, all required documents were submitted, except computer schedule and as noted in B and C. B. Bid Bond includes Terrorism Rider. C. Statement of Bidder's Qualifications, Item 12 - no contact or phone numbers provided. 8211 WEST BROWARD BOULEVARD · SUITE 330 · PLANTATION, FL 33324 TELEPHONE (954) 236-3360 · FAX (954) 236-5601 · www. consulthai.com A TETRA TECH COMPANY ORLANDO FORT MYERS PLANTATION JACKSONVILLE DESTIN ATLANTA June 4, 2003 ':' Mr. Paul M. Fleming Page Two 3. Intercounty Engineering, Inc. ($682,860.00): A. Per City Purchasing Department, all required documents were submitted except computer schedule and a copy of their Contractor's license. Note, however, that a license number was provided. Based on review of the apparent lower bidder's submittal, and past successful working relationship with thc City, this office recommex~ds award to AKA Services, Inc. Attached please find a Bid Tabulation on the top five bidders. I sent you a copy of the Bid Tabulation via E-mail this date. Should you have any questions, please call.  Sincerely, Hartman & Associates, Inc. Mark A. Gabriel, P.E~/~J ~ Associate Attachment MAG/j em/wordproc/2000/00-197.11/Cortes/Fleming060403 rn z _ z z ~3 C; ~3 0 m m m 1t o o o n . c0 mO ~ ~ m m m m m> m ~.- . -z m ZO m zz ~ p~ c m z 0 m m m ~> m ~ o BID NAME: "POINCIANA HEIGHTS WATER MAIN REPLACEMENT PROJECT" BID NUMBER: 058-2413-03/CJD COMMISSION AGENDA: JULY 15, 2003 BROADCAST LIST: 564 VENDORS - DEMANDSTAR 22 VENDORS - PROCUREMENT DATABASE BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTWIF~D OF ~ BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR COMPLETING A CITY VENDOR APPLICATION. PLANHOLDERS: 29 VENDORS PLAN'HOLDERS ARE VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR RECEIVED FROM PROCUREMENT SERVICES. BIDS: 7 VENDORS BIDS REPRESENT THE NUMBER OF PLANHOLDERS THAT ACTUALLY SUBM1TFED BID PROPOSALS. ATTACHMENTS: PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTWIED BY THE CITY. BROADCAST LIST FROM PROCUREMENT ACCESS DATABASE SHOWING VENDORS WHO WERE NOTIFIED BY INVITATION TO BID. NAME OF BID: "POINCIANA HEIGHTS WATER MAIN REPLACEMENTS PROJECT", BID #: 058-2413-03/CJD BROADCAST LIST - 22 VENDORS (PROCUREMENT DATABASE) A K A SERVICES ARROW DIRECTIONAL BORING, INC. 13676 HAMLIN BLVD. 11950 N.W. 39TM STREET WEST PALM BEACH, FL 33412 CORAL SPRINGS, FL 33065 ASPHALT CONSULTANTS, INC. CENTERLINE COMMERCIAL 2200 N. FEDERAL HIGHWAY, #221 12534 WILES ROAD BOCA RATON, FL 33431 CORAL SPRINGS, FL 33076 CHAZ EQUIPMENT COMPANY, INC. ~IVIL RECONSTRUCTION SERVICES, INC. 3460 FAIRLANE FARMS ROAD, UNIT 8 1470 KASTNER PLACE, SUITE 120 WI~I.LINGTON, FL 33414 SANFORD, FL 32771 CREWS CONSTRUCTION SERVICES, INC. DANELLA NATIONAL .716 PRESIDIO DRIVE 201 N.W. 12TM AVENUE CI FRMONT, FL 34711 POMPANO BEACH, FL 33069 F.A. JOHNSON, INC. FERGUSON WATERWORKS 4700 POWERLINE ROAD 2361 N.W. 22t'a> STREET OAKLAND PARK, FL 33309 POMPANO BEACH, FL 33063 FLORIDA BLACKTOP, INC. FOSTER MARINE CONTRACTORS, INC. 1280 S. POWERLINE ROAD, # 29 7313 WESTPORT PLACE POMPANO BEACH, FL 33069 WEST PALM BEACH, FL 33413 GIANNETTI CONTRACTING OF FLORIDA, INC. {SON - DAVIS, INC. 1132 N.E. 48TM STREET 604 HILLBRATH DRIVE POMPANO BEACH, FL 33064 LANTANA, FL 33462 KENKO, INC. - TEC, INC. 10218 WOODBERRY ROAD 6020 SUNBERRY CIRCLE TAMPA, FL 55434 BOYNTON BEACH, FL 33437 MEGAN SOUTH, INC. MORA ENGINEE~G CONTRACTORS, INC 6521 ORANGE DRIVE 9600 W. SAMPLE ROAD, SUITE 401 DAVIE, FL 33314 CORAL SPRINGS, FL 33065 SELECT CONTRACTING, INC. SIM - OAK MECHANICAL, INC. 1751 W. 10m STREET P.O. BOX 1061 RIVIERA BEACH, FL 33404 JUPITER, FL 33468 SOUTHEAST CORROSION & ENGINEERING, INC. I.S. ENVIRONMENTAL SYSTEMS, INC. - 2 2699 WEST 79TM STREET, BA~ # 1 9498 N.W. SOUTH RIVER DRIVE HIALt:.AH, FL 33016 MIAMI, FL 33166 Planholders List - DemandStar by Onvia Page 1 of 2 Planholder: List Member Name City of Boynton Beach Bid Number NTC-058-2413-03/CJD-0-2003/CD POINCIANA HEIGHTS WATER MAIN REPLACEMENT Bid Name PROJECT Number of Documents for this 23 (Not Including Plans) bid 29 Planholder(s) found. Doc Supplier Name Phone Fax Count Attributes Actions Associated Builders & Contractors, (954) 984- (954) 984- 22 Documents Inc. 0075 4905 Associated Builders & Contractors, (954) 984- (954) 984- 22 Documents Inc. 0075 4905 (561) 791- (561) 791- AKA Services, Inc. 7561 7565 22 Documents AKA Services, Inc. (561) 791- (561) 791- 7561 7565 22 Documents (954) 581- (954) 581- 22 Documents C & A Contracting, Inc. 4700 4717 (954) 581- (954) 581- 22 Documents C & A Contracting, Inc. 4700 4717 (561) 333- (561) 333- 22 Documents Chaz Equipment Co., Inc. 2109 2180 (561) 333- (561) 333- 22 Documents Chaz Equipment Co., Inc. 2109 2180 McGraw-Hill Construction Dodge (561) 802- (561) 802- 22 Documents 9939 9082 (561) 802- (561) 802- 22 Documents McGraw-Hill Construction Dodge 9939 9082 Nora Engineering Contractors, Inc. (954) 752- (954) 345- 22 Documents 8065 9268 (954) 752- (954) 345- 22 Documents Nora Engineering Contractors, [nc. 8065 9268 Reed Construction Data :: (954) 565- (954) 568- 22 Documents 7905 9109 Reed Construction Data (954) 565- (954) 568- 22 Documents 7905 9109 United Engineering Corp. (954) 370- (954) 370- 22 Documents 5400 5401 (954) 972- (954) 974- 22 Documents Intercounty Engineering Inc. 9800 0042 954-752- 954-345- Nora Engineering Contractors, Inc. 8065 9268 3 Documents http :~/www~demandstar~c~m/bu yer/bi ds/P~anh~~der-- List~asp ?F=search&-PU=% 2Fbuyer%~~~ 6/17/2003 Planholders List - DemandStar by Onvia Page 2 of 2 · ~'~' (800) 785- (800) 581- 3 Documents Constructionjou rnal. c°J2~-. 5165 7204 (800) 330- (813) 985- 2 Do~cum~en[s_ R H MOORE & ASSOCIATES INC 2333 4533 (239) 939- (239) 939- 2 Do~c_um~_ent~s_ McGraw-Hill div. FW Dodge 2525 2331 (352) 326- (352) 787- 2 Documents Delta Milling Company 8689 3476 (561) 683- (561) 683- 2 Documents Foster Marine Contractors, Inc. 0034 0335 (941) 758- (941) 758- 1 1. Small Documents S & R Construction, Inc. 4811 4901 Business (954) 972- (954) 974- I 1. Small Documents Intercounty Engineering, Inc 9800 0042 Business (407) 345- (407) 345- 1 Documents Plans Direct 2477 2204 (813) 286- (813) 287- 1 Documents URS Corporation 1711 8591 954-370- 954-370- I Documents United Engineering Corporation 5400 5401 954-691- 954-691- 1 Documents Danella Construction 1720 1719 Construction Bulletin / 904-388- 904-388- 1 Documents www.cbids.com 0336 0109 http://www.demandstar~c~m/buyer/bids/P~anh~~der-List.asp?F=search&-PU=%2Fbuyer%... 6/17/2003 V.-CONSENT AGENDA ITEr4 B.6 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business :-:--~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to award the "INSTALLATION OF A SIDEWALK ALONG THE NORTH SIDE OF N.W. 4th AVENUE, FROM SEACREST BOULEVARD TO GALAXY ELEMENTARY SCHOOL, AND THE INSTALLATION OF AN ACCESSIBILITY SIDEWALK AT SARA SIMMS MEMORIAL PARK" m the amount of $75,059.25. EXPLANATION: The City utilized the Letter of Agreement between the School District of Palm Beach County and S & F Construction, Inc. of Boynton Beach, FL., dated May 22, 2003, to evaluate the components of the above noted sidewalk project with the terms set forth in the "Term Contract for Concrete and Concrete Service" that the School District recently awarded (under Bid No. 03C-75A). We fred e contractor s estunated cost of this project s quantifies compatible, supplemented by those items identified separately and necessary for our project, specifically identified as bonding & insurance, mobilization, maintenance of traffic, and both large tree and stump removal. Based on the necessity to install this sidewalk prior to the next school year, we recommend the favorable award of this contract. PROGRAM IMPACT: To provide a safe access way for elementary school children attending Galaxy Elementary School, and an handicap accessible sidewalk to Sara Simms Memorial Park. FISCAL IMPACT: C.I.P. Acc. #302-4904-580-63-24 ALTERNATIVES: None; children walking to school continue to be at peril with vehicular traffic. Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~,GENDA ITEM REQUEST FORM.DOC CONSTRUCTION INCORPORATED 2180 S.E. 1st Street · Boynton Beach, FL 33435 · (561) 737-4175 · Fax (561) 369-1445 PROPOSAL SUBMITTED TO CELL: 722-6488 IDATE 7/2/2003 City of BoTnton Beach :AX: 742-6485 IATTN: Mr. David Kelley ;OB NAME STREET 100 E. Boynton Beach Blvd. N.W. 4th Ave sidewalk project CITY, STATE, ZIP CODE LOCATION Boynton Beach, FL plans dated 4/8/03 hereby submit specifications and estimates for: Concrete Services Contract 03C-75A ZONE I DESCRIPTION EST. UN IT TOTAL NO. FLATWORK I~UANTITY PRICE AMOUNT 1 Excavate and stockpile 145.00 cy $10.00 cy $1,450.00 2 Fine grade 10305.00 sf $2.50 sf $25,762.50 3 Concrete 2500 PSI regular finish and place 145.00 c¥ $125.00 c¥ $18,125.00' 4 Light broom finish 10305.00 sf $0.35 sf $3,606.75 5 Vapor barrier 0.00 sf $0.06 sfi $0.00 6 6 x 6, 10/10 W.W.F. furnish and place 0.00 sf $0.20 sf $0.00 7 Reinforcing, steel grade 60, furnish and place 0.00 lb $0.50 lb $0.00 8 Formwork, 4" thick 3727.00 If $4.00 If $14,908.00] 9 Formwork, 6" thick 96.00 If $4.50 If $432.00 10 Cost per lineal foot for temporary fencing 0.00 If $0.80 If $0.00 1 l .Cost per cubic yard for backfill 0.00 cy: $15.00 cy $0.00 12 Cost for furnishing / installation of sod 7000.00 sf $0.50 sf $3,500.00 13 Concrete, each 500 PSI increase over 2500 PSI 145.00 cy $3.00 cy $435.00~ 14 Concrete, increase for pump mix 0.00 c¥ $15.00 c¥ $0.00 15 Pump, concrete for placing pump mix 0.00 hr $100.00 hr $0.00 16 Header curb, type C, furnish and install 0.00 sf, $24.00 sf $0.00 0 hr $45.00 hr $0.00 17 Hourly labor rate ~~~ Total Expenditure: $68,219.25 We propose hereby to furnish material and labor - complete in accordance with above specification, for the sum of' Sixty eight thousand two hundred nineteen dollars and 25/100 Dollars ($ 68,219.25 .) Payment to be made as follows: invoice to be submitted upon completion; paymen[ within thi~y clav~ Signature ~ Term Contract to: 05/21/04 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION N.W. 4th AVENUE SIDEWALK PROJECT & SARA SLMMS MEMORIAL SITE SIDEWALK ACCESS June 2, 2003 Compiled Estimated Quantities Item [ No. Item Quantit), Unit Unit Price ' Amount I 'b ,N RAL : 1. Bonds and Insurance 1 LS Sxxx.xx $'1 020 00 * , Mobilization 1 LS Sx,xxx.xx $1,1 50.00 Maintenance of Traffic 1 LS Sx,xxx.xx $1,050.00 Excavation 1] LS N.W. 4tl~ AVENUE SIDEWALK Excavation 1 LS Removal 2 EA $ 7 50.00 Tree RemovaI 4 EA $ e Removal 100 LF $ 500.00 Mail Boxes - Reset 2 EA $ 90.00 Remove Existing Asphalt 160 SY $480.00 Remove Existing 4" Concrete Sidewalk 105 SY 4" Concrete Sidewalk - 5' wide 1,900 LF 22. 6" Concrete Sidewalk- 5' wide 100 6" Concrete Driveway Restoration 70' SY 31. Sodding 115 SY TOTALS: SI $ I SARA SIMMS MEM' SITE MOD' 41 I Remove Existing Asphalt 7 SY ' 421 Fill 7 CY 43. i 1" A.C.S.C., Type II 14 SY 4" Shellrock Base Course 23 SY 4" Concrete Sidewalk - 4' wide 51 LF 40 SY TOTALS. $ $ V.-CONSENT AGENDA CITY OF BOYNTON BE, ITEM B.7 AGENDA ITEM REQUEST ...... Requested City comrmssion Date Final Form Must be Turned Requested City commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Cleric's Office [] April 1. 2003 March 17. 2003 (Noon.) [] June 2. 2003 May 19. 2003 (Noon) [] April t5, 2003 March 31. 2003 (Noon) [] June 17. 2003 June 2. 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16. 2003 (Noon) '[] May 20. 2003 May 5. 2003 (Noon) [] July 15, 2003 June 30, 2003 (Nooni [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation '-] Consent Agenda ,~ Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award the bid for: "TWO YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS" BidO062-1412-03/CJD to SPECIAL PRODUCTS GROUP of Boynton Beach, Florida with an estimated annual expenditure of: ~250~000.00. CONTRACT PERIOD: JULY 15, 2003 TO JULY 14, 2005. EXPLANATION: On June 4, 2003, Procurement Services received four (4) proposals for the bid referenced above. After thorough review of the proposals and evaluation of the samples by the Police, Fire, and the Warehouse, it has been determined to award this bid to SPECIAL PRODUCTS GROUP of Boynton Beach. No consideration has been given to Martin Uniforms since they did not meet the bid specifications as to their location. We specified Palm Beach County and that a tailor be on site within the County in order to accommodate our needs. No consideration was given to Aramark Uniform Services as they did not submit samples with their proposal as requested. Special Products Group was the lowest, most responsible, responsive bidder who met all specifications. Dominic De Mauro, Warehouse Manager concurs with this recommendation (see attached memo). The provisions of this bid award will allow for two (2) one (1) year extensions at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. Pursuant to the City's Administrative Policy Manual, Policy No. 10.14.01 regarding bid protests ("Bid Protest Policy"), Martin's Uniforms filed a bid protest objecting to those bid specifications requiring that the facility be located within Palm Beach County, that a tailor be on site to assist when needed, and that certain products be "Made in the U.S.A." The City Manager concurred with the recommendations of Procurement Services and the City Attorney's Office and denied the protest finding that the specifications at issue were not unlawful or improper. Pursuant to the City's Bid Protest Policy, Martin's Uniforms has appealed the decision of the City Manager to the City Commission, and is expected to appear at the City Commission meeting to present its appeal. We have attached relevant materials for your consideration with respect to this appeal. PROGRAM IMPACT: The purpose of this bid is to secure prices for a period of two (2) years for the purchase of uniforms for the Police, Fire, and the general worker within the City. Contract Award - Purchase of Uniforms FISCAL IMPACT: BUDGET ACCOUNT #: ESTIMATED ANNUAL WAREHOUSE STOCK EXPENDITURE: 502-0000-141-01-00 ~ Deputy Director of Financial Services City Manager's Signature Procurement Services xkJ..'~.'~*{,J il,c['." t~'''~''~ Department Name ~ Citly ~.ttomey / Finance / Human Resources C: Dominic DeMauro - Warehouse Manager File .. RECEIVED The City. of Ju~ 12 2003 Boynton Beach  Finance Depa~ent WAREHOUSE DIVISION TO: Bill Atkins, Deputy Director of Financial Services FROM: Dominic DeMauro, Warehouse Manager ~~ DATE: June 12, 2003 SUBJECT: Uniform Bid # 062-1412-03/CJD The evaluating committee met today, June 12, 2003 to evaluate all bid samples that were sent along with the uniform bid.' The evaluating committee consisted of: David Liu - Deputy Fire Chief Dominic DeMauro - Warehouse Manager Matt Imler - Assistant Police Chief Mike Munro - Police Administration There was no consideration given to Martin Uniforms as they did not meet the specification that their company be located within Palm Beach County. There was also no consideration given to Aramark Uniform Services due to the fact that there were no samples sent as specified in the bid. It was the consensus of the committee to award the entire Uniform bid to Special Products Group of Boynton Beach. Special Products Group was also the overall low bidder who was the most responsive, responsible bidder who met all specification and in certain instances exceeded the specifications. Although we asked for products made in the U.S. some exceptions were made in this bid and in the past. If you have any questions in regards to this bid award, please do not hesitate to contact me at X6324. , m m m m iiii!il rn m m m ~ m m m ?~ ~ m ~- 0 ' ~ --' (D (D ir Z 0 oo~o~o>~_~ ~_~ -~ ~-~ ~~ ~:~ < ~ ~ ~ ~ ~~m~mmmm~m m - - ~ ~00 0 ~ ~, ~ , , , , zz m ~ z x, ~,~ ~ ~ z ~ ~ ~ ~ --' .. mc ~ ~ ~ ~i ~m" ~ " ~ ~ ~ C ~ ~ -' ~ oZ m - -- ~ ~ ~ ::::: .... m z ~ ~ ~ o ::.:: . ~ 0 ~ ~ o ~ ~ ~ Z ' 0 < ~ o© ~ ~ 0 o ~ ::::5::: ......... > m Z o- ~ ~ ~ o o 0 o o o ~ m ~ Z 0 ~ ~ ];~ ~ ~ o O~ ' 0 ..... ~' 0 ~ ~ ::.:: -- BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES I00 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date (City): MAY 2, 2003 Bid Title: PURCHASE OF UNIFORMS - TWO YEAR CONTRACT Bid Number: ~q)62-1412-03/CJD Bid Received By: JUNE 4, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in the Purchasing Department unless specified otherwise bid opening scheduled for: JUNE 4, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this Bid shall conform to applicable sections of thc charter and codes of the City. Federal I.D. Number: ~' ~5''~ ~ C] 7 ~ /7/5/ 5y A Corporation of the State of: /~,~ O '~ /' d9 ,~ Area Code: ,3'~o// Telephone Number: 7.~- O ~ 6 © - Authorized S~na~ -- Pdchard J. Roy Name Typed THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE 53 TO BE CONSIDERED COMPLETE AND ACCEPTABLE PROPOSAL BLANK TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date ~//t~1.5.,,/0 $ The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of uniforms called for. Thc undersigned proposes to deliver the uniforms in accordance with the specifications for the sum of: ESTIMATED UNIT UNIFORM DESCRIFrION QUANTITIES PRICE POLICE DEPARTMENT: ITEM #1 Plain/Zipper Front Shirts 632 ITEM #2 Polyester Trousers 532 $ ~ °r.. 5' O ITEM #3 Polyester Trouser (Shorts) 48 $ Q_ V. c> o ITEM g4 Police Uniform Jacket 96 $ ~ 3 ..~' o o ITEM #5 Ladies Polyester Skirts 24 $ ~ O. ~ o ITEM ~6 Ladies Polyester Vests 24 $ [ ~' c'> 0 ITEM Ladies Polyester Slacks 24 $ THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE 54 TO BE CONSIDERED COMPLETE AND ACCEPTABLE Ladies Oxford Cloth Shirt 48 ~ Fo, 5'0 FIRE DEPARTMENT ITEM~9 %-~T~ Q-/''3~' Firemen Work Shirts 156 t_- ~ $ ~./, ~ c~ ITEM #10 EMS Pants 432 $. ~ I ~ o ITEM #11 Firemen Cargo Shorts 36 $ ~- / ° ~7'C> ITEM #12 Firemen Casual Shorts 36 $ I 2... o o INDUSTRIAL ITEM #13 Work Trousers 864 $ ~ 9_, 2 S' ITEM #14 ~-5 {} ~, o o Work Shirts Industrial & COP 576 L- S $ [ Q' c~ <> ITEM #15 Work/Trouser Shorts Industrial 240 $ I L./. o c~ ITEM #16 Work Shirts Industrial 72 $ I ~, q 5 ITEM #17 Work Pants/Shorts Industrial 144 $ I ~, O o ITEM #18 Coveralls Fire/Industrial 48 $ I 7. o o (Heavyweight Jumpsuit) THIS PAGE TO BE SUBMI'VI'ED IN ORDER FOR BID PACKAGE 55 TO BE CONSIDERED COMPLETE AND ACCEPTABLE BID PROPOSAI:;CONTIN[~D ...... ITEM #19 Coveralls Fire/Industrial 48 $ (Lightweight Jumpsuit) It is further agreed that the uniforms will be delivered within 30 calendar days from the date of the placing of the Order from the City. List Uniform Manufacturers here: COMPANY NAME ~- SIGNATURE ~ \ ~PHO~ ~ER PR~ N~ THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE 56 TO BE CONSIDERED COMPLETE AND ACCEPTABLE -- ANTI-KICKBACK AFFIDAVIT STATE OF FLOR[DA ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein Bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any membe~.~f"~,~r by 9)af~e corporation. / 3..___.~,....~/ '% SlGNA' URE Sworn and subscribed before me this ,7~/~9 day of ~- tf~ , 20 C) 3 Printed Information: NOTARY PUBLIC, State of Florida at Large ~;/'~,'~/}-? ~6-7~'~ C - rman Cami~_ CO~Y ,,~,,,,,, NO "O~C~ NOT~Y SE~" ST~ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 57 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE -- . 'CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a Minority Owned Business? YES ~ NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification 58 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL --: ' CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drag abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ' As the person authorized to sign the statement,J~.ar.~y that this fi~:m.-~atfligs fully with the above requirement& ~~~., Ve'~dor~~ture THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 59 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ..- I -. I F[[IFL FFEEII[I EFEIIF ~our public safety needs City of Boynton Beach Bid #062-1412-03/CJD ATTACHMENT "A" Item #1 -All items manufactured by Flying Cross by Fechheimer SIS White (men's) #85R7800Z (ladies) #176R7800Z SIS Navy (men's) #87R7886Z (ladies) #177R7886Z L/S White (men's) #33W7800Z (ladies) #126R7800Z L/S Navy (men's) #34W7886Z (ladies) #127R7886Z Item #2 - Manufactured by Fechheimer Men's #UD3900 Ladies #UD3933 Item #3 - Manufactured by Fechheimer Men's #UD3900 Ladies #UD3933 Item #4 - Manufactured by Fechheimer #78140 Item #5 - Manufactured by Edwards Garment #9795 Item #6 - Manufactured by Edwards Garment #7490 *Vest is only available lined Item #7 - Manufactured by Edwards Garment #8270 *Slacks only available with pockets Item #8 - Manufactured by Edwards Garment Short Sleeve #5010 Long Sleeve #5060 Item #9 - Manufactured by Southeastern Shirt Co. SIS White (men's) #3203 (ladies) #L3203 SIS Blue (men's) #3202 (ladies) #L3202 L/S White (men's) #3103 (ladies) #L3103 L/S Blue (men's) #3102 (ladies) #L3102 2023 Corporate Drive · Boynton Beach, Florida 33426 Office: 561-732-0360 · Toll Free: 877-500-8990 · Fax: 561-732-0879 City of Boynton Beach Bid #062-1412-03/CJD ATTACHMENT "A" Page 2 Item #10 - Manufactured by Southeastern Shirt Co. Men's #3031 Ladies #L3031 Item #11 - Manufactured by Propper Item #F526038405 Item #12 - Manufactured by Red KapNF Imagewear Men's #PT26 Ladies #PT35 Item #13 - Manufactured by Southeastern Shirt Co. Men's #3000 series Ladies #L3000 series Item #14 - Manufactured by Red Kap / VF Imagewear Short Sleeve #SP24 Long Sleeve #SP14 Item #15 - Manufactured by Red Kap / VF Imagewear #PT10 Item #16 - Manufactured by Red Kap / VF Imagewear #SCl0 Item #17 - Manufactured by Red Kap / VF Imagewear #PC20 Item #18 - Manufactured by Red Kap / VF Imagewear #CT10 Item #19 - Manufactured by Red Kap / VF Imagewear #CP30 Boynton Beach ADDENDUM#I DATE' May 19. 2003 RFP TITLE: THE PURCHASE OF UNIFORMS - TWO YFAR CONTRA('T RFP NUMBER: ~t062-1412-03/CJD Bidders are herebs, notified that this Addendum shall be at:tached to and made a p,,a't of the above named Bid. The lbllowing items are issued to add to. delete, modify and clarify the Bid. These items s!~a[l have l~all force and effect as the Bid. and cost revolved shatl be included in the proposal pricing. ProposaLs to be submitted on the specified da~.e shall contb:t:: ~ ;:h tl~e additions and revisions listed herein. DESCRIPTION: On page (4) four under Special Conditions Paragraph #1: Instead of the REPR[SENTATIV!~ shall be located within Palm Counl3.' and base a tailor on site to assist when needed. REV]~SI~D: The AWARDED VENDOR shall have a business located within Palm Beach Count? and have a tailor on site to assist when needed. Name Bill A[ 'kins Depaty Director o£ Financial Services Wareho.~se Mana=oe: -- Dominic DeMau:o Cen,-ral File Shelf Copies Dem;-mdstar.com File BID NAME: "TWO YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS" BID NUMBER: 062-1412-03/CJD COMMISSION AGENDA: JULY 15, 2003 BROADCAST LIST: 154 VENDORS - DEMANDSTAR 30 VENDORS - PROCUREMENT DATABASE BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR COMPLETING A CITY VENDOR APPLICATION. PLANHOLDERS: 47 VENDORS PLANHOLDERS ARE VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR RECEIVED FROM PROCUREMENT SERVICES. BIDS: 4 VENDORS BIDS REPRESENT THE NUMBER OF PLANHOLDERS THAT ACTUALLY SUBMITTF. D BID PROPOSALS. ATTACHMENTS: PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY. BROADCAST LIST FROM PROCUREMENT ACCESS DATABASE SHOWING VENDORS WHO WERE NOTIFIED BY INVITATION TO BID. NAME OF BID: "TWO YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS", BID #: 062-1412-03/CJD .~BROADCAST LIST - 30 VENDORS (PROCUREMENT DATABASE) A & S UNIQUE -- A.T.C. UNIFORMS, INC. 5840 S.W. 37TM AVENUE 43 - 58 11TM STREET DANIA, FL 33312 LONG ISLAND CITY, NY 11101 ATTN: SHARI ENE WERTI4EI .NE ATTN: GIORA PERRY ACTION SPORTWEAR ARGO UNIFORM CO. POB 3912 I01 N. DIXIE HIGHWAY WEST PALM BEACH, FL 33402 HALLANDALE, FL 33009 ATTN: DAVID MINTON ATTN: SELICA ORENSTEIN BEST EMBROIDERY C & G DISTRIBUTING, INC. 5 i2 E. BOYNTON BEACH BLVD, ~4 690 N. 4TM STREET, UNIT 1 BOYNTON BEACH, FL 33435 MONTPELIER, ID 83254 ATTN: MINDY ROBINSON ATTN: CARA LYMAN CALHOUN UNIFORMS CLASSIC EMBROIDERY 2969 MACON ROAD, SUITE 200 7173 LAKE WORTH ROAD COLUMBUS, GA 31906 LAKE WORTH, FL 33467 ATTN: MR. BARFI'EI D ATTN: JOE KENNEDY CLIPPER TRENDS UNLIMITED, INC. CREATE A STITCH 7020 GEORGIA AVENUE 1350 S. DIXIE HIGHWAY, SUITE 10 W WEST PALM BEACH, FL 33405 POMPANO BEACH, FL 33060 ATTN: NEAL JADAV ATTN: LISA NEMSER DESIGNLAB, INC. DON HUME LEATHERGOODS, INC. 1201 BIMINI LANE P.O. BOX 351 SINGER ISLAND, FL 33404 MIAMI, FL 74355 ATTN: ROBIN SPINA ATTN: AMANDA TEETER EMBROID ME EMBROIDERY INTERNATIONAL, INC. 4715 N. CONGRESS AVENUE 1685 NORTH FLORIDA MANGO BOYNTON BEACH, FL 33426 WEST PALM BEACH, FL 33409 ATTN: MICHAEL SATURNO ATTN: NANCY GAGE BUSSEY THE GLOVE STORE IRON AGE CORPORATION 1250 E. HALLANDALE BEACH BLVD., SUITE 809 6600 N.W. 12 AVENUE HALLANDALE, FL 33009 FORT LAUDERDALE, FL 33309 ATTN: DAVID FRANK ATTN: VINNIE OCCHIGOROSSO JH CHURCHWELL COMPANY J.R. MANNO UNIFORMS & POLICE EQUIPMENT 301-313 EAST BAY STREET 3115 LAKE WORTH ROAD JACKSONVILLE, FL 32202 LAKE WORTH, FL 33461 ATTN: FRED ESO ATTN: TOM BARTOLEC MIXSON CORP NAFECO 7635 WEST 28TM AVENUE 1515 W. MOULTON STREET HIALEAH, FL 33016 DECATUR, AL 35601 ATTN: JOE ROTMIL ATTN: BRIAN OAKS NAME OF BID: "TWO YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS", BID #: 0~. 2-1412-03/CJD BROADCAST LIST - 30 VENDORS (PROCUREMENT DATABASE) OUTDOOR OUTFITS -' PRIDE ENTERPRISES 372 RICHMOND STREET WEST 12425 28TM STREET NORTH, SUITE 103 TORONTO, ON ST. PETERSBURG, FL 33716 ATTN: MIRA MAYDENOVA ATTN'. ROY POWELL RDH QUEST, INC. RESCUE CONCEPTS, INC. 130 N.E. 40TM STREET, SUITE 9 9113 S.H. /46 SOUTH MIAMI, FL 33137 DAYTON, TX 77535 ATTN: KAREN LEONARD ATTN: MELANIE LISKA SPECIAL PRODUCTS GROUP SPIRIT SERVICES COMPANY 21'16 CORPORATE DRIVE 2631 N.W. 17TM LANE BOYNTON BEACH, FL 33426 POMPANO BEACH, FL 33064 ATTN: DICK ROY ATTN: DAVID M. FITTON U.S. CALVARY UN[FORMS MANUFACTURING, INC. 2855 CENTENNIAL AVENUE P.O. BOX 12716 RADCLIFF, KY 40160 SCOTTSDALE, AZ 85267 ATTN: BECKY ROGNEY ATTN: JENNIFER SWISHER SUPERIOR UNIFORM GROUP ZEIDEL'S UNIFORM 10055 SEMINOLE BLVD. 203 6TM STREET SEMINOLE, FL 33772 WEST PALM BEACH, FL 33401 ATTN: STEVE STIDHAM ATTN: BRUCE ZEIDEL Planholder~ List - DemandStar bv On',;a Page ~ of 3 Planholders List I~tember Name City of Boynton Beach Bid Number [TB-O62-1412-O3/CJD-O-2003/CD TWO YEAR CONTRACT FOR THE PURCHASE OF Bid Name UN[FORMS Number of Documents for this 2 (Not Including Plans) bid 47 Planholder(s) found. Doc Attributes Actions Supplier Name Phone Fax Count (850) 878- (850) 942- 2 1. Woman Documents G Willie's Uniforms [nc 0204 5316 Owned (800) 228- (618) 664- 2 O_oc_~ume_n__t_s Demoulin Brothers & Company 8134 1712 (904) 356- (904) 354- 2 Documents .1 H Churchwell Company 5721 2436 (850) 769- (850) 763- 2 Documents Law Enforcement Supply Co [nc 9678 9031 ZlPP SPORTING GOODS (305) 665- (305) 665- 2 Documents 3534 0366 ALL SEASONS UNIFORMS TEXTILES & (407) 365- (407) 365- 1. Small 2 Documents EMBROIDERY 2666 2919 Business (800) 643- (727) 570- 2 Documents Pride Enterprises 8459 3374 (800) 331- (918) 542- 2 Documents Don Hume Leathergoods [nc 2686 4340 (800) 627- (813) 879- 2 Documents MARTIN'S UN[FORMS 8467 0107 (800) 222- (480) 368- 2 Documents Uniforms Manufacturing [nc 1474 8556 (877) 975- (937) 328- 2 Document Plasco Safety Products 2726 6477 (800) 725- (469) 335- 2 1. Woman Documents Rainbow Manufacturing 8480 0205 Owned (888) 633- (800) 425- 2 Do _c__u__m_e~n t_s ~,lliance Medical, [nc. 6908 5633 (718) 692- (718) 253- 2 1. Small Documents Out In Style, [nc. 4550 5323 Business 1. Small Business (954) 467- (954) 523- 2 Documents BRUCE BARTZ, INC 2441 9337 2. Woman - -- Owned Aramark Uniform Services (800) 955- (305) 688- 2 Documents 2839 1328 3.R. Manno Uniforms & Police (561) 439- (561) 439- http:/~www~demandstar~c~m/buyerlbidslP~anh~~der-List~asp?F=search&-PU=% 2Fbuyer%~~~ 6/17/2003 Planholders List - DemandStar by' Onv~a Page 2 of S Equipment .- 4067 1511. 2 Document_s -- (864) 268- (864) 268- 2 1. Woman Documents DesignLab, Inc. ' 641.4 4664 Owned ' (800) 746- (800) 746- 2 Documents_ Prime Vendor, Inc. 9554 8307 (863) 31.8- (863) 318- 2 Documents Nicsinger Enterprises 0806 0914 (949) 250- (949) 261- 2 Documents Prudential Overall Supply 4855 1947 (513) 793- (51.3) 793- 2 Documents FECHHEIMER BROTHERS COMPANY 5400 2725 ....... 1. Small (757) 397- (757) 397- 2 Business Documents Portsmouth Armie Navie Store, Inc. 7452 4101 2. Veteran Owned 1. Small Business .lay's Uniforms 913-362-5297 913-362-2757 2 2. Woman Documents Owned Feick Security 3052607776 3052607557 2 Documents 1. Small Business 352- 527- 352-527-1.439 2 Documents Crowley & Company Advertising, Inc. 0005 2. Woman - Owned Atkins Sports 305-623-9999 305-623-7799 2 Documents 1. Small ITCHIN' TO BEE STITCHIN' dba VEITH (941)378- (941)377- 2 Business Documents & ASSOCIATES APPAREL 5694 2953 2. Woman Owned FMSDC 4072456062 4078578647 2 Documents NAFECO 800-628-6233 256-355-0852 2 _Documents (954)925- 9549257868 2 Documents Fortran Corp 1182 1. Woman XT Solutions, Inc. 954-435-3975 954-433-5515 2 Owned Documents 1. Small Documents Sterlings Public Safety Uniforms & 210-662-9155 800-631.-2774 2 Business Equipment ~,RAMARK 757-393-2953 757-399-5989 2 Document." Park Cities Chrysler Jeep 214.443.8900 214.443.8936 2 _Do_cu__m_e_nt_s (954) 457- (954) 458- 2 Documents Argo Uniform Company 7100 9734 (561) 732- (561) 732- 2 Documents Special Products Group 0360 0879 (303) 293- (303) 293- 2 Document_s Corporate Images 3500 0091 (315) 252- (315) 252- 2 Documents The Liberty Store 1761 1761 Best Embroidery 561-364-7670 561-364-7348 2 Docume__n__t_s (315) 252- (315) 252- 1 Documents The Liberty Store 1761 1761 Corporate Images (303) 293- (303) 293- i Document_s. http://www.d~mandstar.c~m/buyer/bids/P~anh~~der-List.asp?F=s~arch&-PU=%2Fbuyer%... 6/17/2003 P~an, o~cers L;st - DemandSt~ b',' Onvia PaL-.¢ 3 of 3 ' 3500 0091 Specia[ Products Grou4J' · (561) 732- (561) 732- . 0360 0879 1 Documents (954) 457- (954) 458- Argo Uniform Company 7100 9734 1 Miami Impressions 305 558-7138 305 558-4686 1 Documents 1. Small (877) 324- (559) 683- Business Documents The Procurement Connection, Inc. 1958 8128 i 2. Woman Owned Safari Sun 407-339-7291 407-339-2117 1 D_p_c_u__m_ent_s_ http://www.demandstar.c~m/buyer/bids/P~anh~~d~r-List.asp?F=search&-PU=%2Fbuyer%... 6/17/2003 Glinski, Bonnie _ From: 'Pawelczyk, Mike Sent: --Wednesday, June 25, 2003 10:45 AM To: Doppler, Carol Cc: Ramsey, Mary; Glinski, Bonnie; Lamanna, Rosemarie; Bressner, Kurt; Costello, Joyce Subject: Agenda Item for Uniform Bid and Protest of Mar~in's Uniforms Attached is the revised Agenda Item to include information related to the bid protest of Martin's Uniforms. Per our discussions moments ago, if the Agenda Item Request Form is okay, please have the same signed by Bill and Diane and return the original agenda item with your back-up materials to Mary Ramsey in our office. We will then supplement the back-up with the appeal/protest documents and will forward the entire package to the Clerk's office. ./ Presently, this is a consent agenda item. However, if the item is to remain on consent, it MUST BE REMOVED from consent during the meeting so that the appeal of Martin's Uniforms can be heard. I suppose the item could be moved to Public Hearing at the City Clerk's or City Manager's request. Should you have any questions, please do not hesitate to contact me. Uniforms Agenda Item.doc ..... Original Message ..... Frem: Doppler, Carol Sent: Wednesday, June 25, 2003 9:50 AM To: Pawelczyk, Mike Subject: AGENDA FOR UNIFORMS Mike, Per your conversation with Bill here is the Agenda Item for Uniforms. Any additional information needed please let me know. Please e-mail the final agenda back to me to have signed and attach to my backup material. Thank you. << File: Uniforms Purchase of 2003.doc.dot >> Cit o Bo nton Beach JuN 2 6FFiCEOFTi..i~CirI, yA~rvI, OR.N~y pROCUau. Mg~IT $~£$ 1~ BO E~ON B~ CH BOE~A~ __ P. O. ~OX 310 BO Y~ON B~ CK FLORIDA ~-~1~ ~ , FAX: (561) June 24, 2003 VIA FACSIMILE & U.S. MAIL (813) 879-0107 Steve Stidham ~ .:,. , Vice President, Sales Martin's Uniforms ':_,-~ ,- -', 2320 West Hillsborough Avenue ca . :.~ Tampa, Florida 33603 , .-..~ Re: City of Boynton Beach ("City")/Bid # 062-1412-03/CJD -- The Purchase of Uniforms - Two Year Contract _ Dear Mr. Stidham: This is in response to your letter to the City Manager dated June 17, 2003, ia which you indicated that you intend to appeal the City Manager's decision to deny your bid protest aa the same pertains to the above bid. Please be advised that I have been informed that your appeal will be considered by the City Commission at its meeting of July 15, 2003. At this City Commission meeting, you will be given the opportunity to present your appeal pursuant to Policy No. 10.14.01 of the City of Boynton Beach Administrative Policy Manual ia connection with bid protests. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me. Yours very truly, /-) ]v~ichael J. l~awclc~k .assistant City Attorney cc: Kurt Bressner, City Manager James A. Cherof, City Attorney Bill Atldm, Deputy Director of Financial Service,q~hamhasiag Agent Rose Marie Lamanna, Paralegal H:\1990\900182.BBXLETTER~tidham 02 (Bid Prot=st for Martin's).doc A31ERICA 'S GATErVA Y TO THE GULFSTRF-,A.,~I Martin's-Uniforms June 17, 2003 Mr. Kurt Bressner City of Boynton Beach \ 100 E. Boynton Beach Boulevard ' Boynton Be. ach, Florida 33603 Re: Bid # 062-1412-03/CJD The Purchase of Uniforms Dear Mr. Bressner: ....... " Please accept this letter as notice of our intention to appeal to the City Commission your decision to deny our protest relative to the above referenced bid. Sincerely, MARTIN'S UNIFORMS A Superior Uniform Group Company Vice President, Sales Marshall Gage, Chief of Police Dominic DeMauro, Warehouse Manager Bill Atkins, Deputy Dir~tor of Financial Services/Purchasing Agent Carol Doppler, Senior Buyer Rose Marie Lamarma, Paralcgal 2320 Wcs~ Hillsborough Avenue * Tampa, FL 35603 Customer Service (800) 627-8467 * Phone (815) 877-0511 * Fax (813) 879-0107 We. bric," www. martinsuniforms, com· e-mail: tamcS~maninsuniforms.c.~m An American Stock ~ge Listed Company The Cit o Bo nton Beach O,~'~FICE OF THE CITY A ~r~I'OR-VEY I OgrE.' BO EVTO, V REA CH BO ULEVARD P.O. B0.¥310 BO :~:VTO~V REA CH, FLORIDA 3342.5-0316 PHO. VE 1561) 742-6050 FAX: ~5611 742-6054 June 16,2003 Steve Stidham Vice President, Sales Martin's Uniforms 2320 West Hillsborough Avenue Tampa, Florida 33603 Re: City of Boynton Beach ("City")/Bid # 062-1412-03/CJD The Purchase of Uniforms - Two Year Contract VIA FACSIMILE & U.S. MAIL (813) 879-0107 Dear Mr. Stidham: The City Manager has requested, pursuant to Policy No. 10.14.01 of the City of Boynton Beach Administrative Policy Manual, that this office respond to your bid protest dated May 21, 2003. For the reasons that follow, your bid protest has been denied. Your bid protest letter challenges two conditions or specifications of the above bid. The bid documents were developed to require that the prospective bidder be located within Palm Beach County and have a tailor on site to assist when needed and require that certain products be made in the United States. The City administration has determined that these specifications axe reasonable and rationally based to the City's needs in procuring a vendor to provide the services outlined in the bid. It is' evident that issues concerning shipping, measurements for uniforms, quality, and timeliness resulting from location, were some of the factors considered by City staff in developing the specifications. There is no legal prohibition to a specification requiring that the bidder be located within Palm Beach County. In fact, City staff has confirmed that other cities within Palm Beach County require similar or greater restrictions on their respective uniform vendors. Accordingly, this specification is not unique in the industry nor is it unwarranted. Of the specifications challenged, neither would constitute a violation of any federal, state, or municipal law or ordinance. Furthermore, our review of this matter has revealed no bad faith, fraudulent, or unlawful actions by the City, which would negate the bid award. The decision to change the specifications from previous solicitations of this bid is reasonable and not unlawful. AilIERJCA 'S GA 2r'E IV'A Y TO THE G ~:'LFSTREAJt! Steve Stidham, Vice President, Sales Martin's Uniforms June 16, 2003 Page Two Accordingly, in light of the above, your bid protest has been denied by the City Manager. Pursuant to Policy No. 10.14.01, within three (3) business days of the City Manager's decision, you may appeal the City Manager's decision to the City Commission. The City Commission must then consider the protest within thirty (30) days of the City Manager's response. Yours very truly, Michael J. Pawelczyk Assistant City Attorney cc: Kurt Bressner, City Manager (w/o attachments) Marshall Gage, Chief of Police (w/o attachments) Dominic DeMauro, Warehouse Manager (w/o attachments) Bill Atkins, Deputy Director of Financial Services/Purchasing Agent (w/o attachments) Carol Doppler, Senior Buyer (w/o attachments) Rose Marie Lamanna, Paralegal (w/o attachments) S:\ca\mjp\lettersX2003kStidham (Bid Protest for Manin's).doc H:\1990\900182.bb\lettersXStidham (Bid Protest for Martin's),doc A~]IERICA 'S G.4 TEI~'A ~' TO THE GULFSTREA3! CITY OF BOYNTON BEACH MEMORANDUM (sent via e-mail only) TO: Carol Doppler, Senior Buyer CC: Kurt Bressner, City Manager Bill M. Atldns, Deputy Director of Financial Services/Purchasing Agent Rosemarie Lamanna, Paralegal FROM: Michael J. Pawelczyk, Assistant City Attorney ~'~ DATE: June 4, 2003 RE: City of Boynton Beach ("City")/Bid # 062-1412-03/CJD Purchase of Uniforms This is in response to your memorandum to the City Attorney regarding the above matter, and dated May 28, 2003. I have reviewed the materials provided and am responding in accordance with Policy No. 10.14.01 of the City of Boynton Beach Administrative Policy Manual, pertaining to bid protests. This policy requires the City Attorney, upon consultation with the Purchasing Agent, to make a recommendation to the City Manager. The City Manager is then required to render a decision in writing to the protesting party or may adopt the recommendation of the City Attorney's Office. By letter dated May 21, 2003 fi.om Martin's Uniforms, it appears that the company is protesting a special condition within the bid documents which requires the prospective bidder to be located within Palm Beach County and have a tailor on site to assist when needed. Provided that such a specification is found to be reasonable and rationally based, there is no legal prohibition to a specification requiting that the bidder be located within the County. It is the responsibility of the procuring agency, in this case the City, to develop the specifications for competitively bid contracts. Further, the specification does not appear to be in violation of any federal, state, or municipal law or ordinance, and the specification does not appear to be unreasonable based on the information and documents provided. Accordingly, the bids for this contract can be opened and reviewed, as scheduled, for conformity with the bid specifications. The City Manager has several options, including (1) settle and resolve the protest of Martin's, (2) adopt the findings in this memorandum and direct that the bids be opened; or (3) cancel the bid opening and rebid. June 4, 2003 (Martin's Uniforms) Page 2 - Pursuant to Policy No. 10.14.01, within three (3) business days of the City Manager's decision, the protesting party may appeal any decision of the City Manager to the City Commission. The City Commission must then consider the protest within thirty (30) days of the City Manager's response. Should you have any questions, please do not hesitate to contact me. MJP:mjp \~JGCDE_FS~IBRARY~1990\900182.BB~MEMO 2003~Doppler (Bid Protest - Martin's).doc Martin's uniforms A Supmor Uniform Group Compnny May 21 2003 Ms Carol Doppler, CPPB City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 ~ Ret': BID # 062-1412-03/CJD Please accept this letter as protest of the above referenced bid for the following reasons. 1. Special Conditions section 1. reads ..." The Representative shall be located within Palm Beach County and have a tailor on site to assist when needed." An addendum was issued May 19, 2003. which we received today changing the wording to read "The awarded vendor shall have a business located within Palm Beach County and have a tailor on site to assist when needed." 2 Unifi~rm Specifications for Items 1-3, 5-15, 1%19 state under ORIGIN: "Made in U S. A." A local t:acility has not been a requirement in previous bids. Martin's Unitrbrms has held and successfully performed t he Boynton B each Contract for Uniforms for m any years from o ur Miami a nd Tampa 1 ocations. M y conversation just last week with Dominic DeMauro (Boynton Beach Warehouse Manager who handles the uniforms for the City) indicated that the current program was mnnin~ very a'ell and the reason for this change was the desire of the Fire and Police Departments. When [ spoke with Chief Marshall Gage of the Boynton Beach Police Department, he indicated no such desire. Th::; past ,,.'~ek shins ~,'.r" .-~ ' '" r,~;oc,--. ..... :.'hich were net ~.s h~, desired b were ordered improperly from the warehouse. We had a representative in Chief Gage's office on the Very same day that we were notified to correct the situation, which indicates our ability to be responsive to the City's needs. We have always been able to have a representative available to measure and handle exchanges and returns at any location the City has requested and at regularly scheduled times. i-he only m~,jor pt'oblem tha, w~: have experienced with the City of Boynton Beach was approximately 3 years ago g'hen we went to a r:uv,, sotlware s~,stem fur our entire company Although difficult, we were able to :'hake adjustments, and with patience fi'om lhe City· we were able to work through these issues. We have never been turned down 2320 West Hillsborough Avenue a, Tampa, FL 33603 Customer Service (800) 627-8467 * Phone (813) 877-0511 * Fax (813) 879-0107 Website: www. mastinsuniforms.com ~, e-mail: ssmc3@mardnsuniforms.com An American Stock Exchange Listed Company for any possib-ie.extension of a contract with the City, which would indicate the City's satisfaction with our performance. By requiring a facility in Palm Beach County you are allowing the possibility of a company located 56 miles from Boynton Beach (,yet still in the county) to bid. But you are not allowing a company located in Broward County (17 miles from Boynton Beach) or a company in Miami (56 miles from Boynton Beach), to bid. You are effectively limiting competition to two vendors, probably only one with the financial capability of carrying the inventory to service the Boynton Beach account. You are eliminating at least five bidders with locations in South Florida. This obviously severely restricts competition and the incentive for the local Boynton Beach vendor to offer its most competitive pricing. This could hardly be seen as in the best interest of the Cit,x' of Boynton Beach. We are therefore asking that the requirement in Special Conditions section 1. for a business located within Palm Beach County with an on site tailor be deleted. While previous bids have asked for garments to be made in the U.S.A., the City has routinely accepted garments not made domestically, which have performed to the total satisfaction of the using agencies. in some of our manufactured products, such as police shirts and work p ants, w e h ave utilized a federally sponsored 807 program in conjunction with a domestic program. This 807 program, sponsored by the Federal Government of the United States of America, specifies that all components such as fabric, zippers, buttons etc. must be made in the United States and may be shipped to the Caribbean basin to be assembled. This program serves to help American Manufacturers compete against the total import product and aids in the Federal Government's ongoing efforts to improve economies of the countries or' the Caribbean basin and ultimately promote democracy to an area where many of Boynton Beach's residents originate. T~,xere are se','era! items on the contract, which we have been providing to the complete satisfaction of the Boynton Beach Police Department, which we do not manufacture. These include items 5, 6, 7 & 8, which are not manufactured by anyone domestically. Curiously, you have not required Made in the USA for items 4 and 16. The City of Boynton Beach has put out a specification for uniforms, one that has not changed significantly in several years, which has served them well over the years. It is our contention that the City should be concerned only with the garment meeting specifications, and not the country of origin. We therefore ask that any requirement of Made in the U.S.A. be removed. We have enjos/ed a very long relationship with the City of Boynton Beach and certainly hope to contin__ue this relationship well into the future. I will look forward to your response. Very Sincerely, MARTIN'S UNIFORMS, A Superior Umform Group Company St~eve ~ti d'~h am~/O4~1~ Vice President, Sales Cc Bill Atkins, Deputy Finance Director/Purchasing Agent James Cherof, City Attorney Marshall Gage, Chief of Police Dominic DeMauro, Warehouse Manager -' CITY OF BOYNTON BEACH, FLORIDA __-- . ADMINISTRATIVE POLICY MANUAL CHAPTER: 10 Purchasing Policy No. 10.14.01 SECTION: 14 Appeals and Remedies Page: 1 of 3 SUBJECT: 01 Bid Protests PURPOSE: To establish a procedure for a prospective bidder to protest a bid against the City. POLICY: Bid Protest any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with solicitation or award of contract may protest in writing to the Purchasing Agent. Protesters shall file their written protests with the Purchasing Agent during normal business hours. Protests shall specifically describe the subject matter and facts giving rise to the protest. Protests shall be deemed effective on the date they are received by the Purchasing Agent. The Purchasing Agent shall immediately deliver the bid protest to the City Attorney with a memorandum setting forth the facts and circumstances surrounding the protest. The deadlines for filing bid protests are as follows: 1. If the protest relates to an invitation for bid or request for proposal, the protest shall be received prior to the bid submittal deadline date. 2. If the protest relates to any other matter relating to the bid, including, but not limited to, contract award, the protest must be received no later than seven (7) regular business days after the date of notification of bid award by the Purchasing Agent. Decision: If the protest is not resolved by mutual agreement, the City Attorney, upon consultation with the Purchasing Agent, shall make a recommendation to the City Manager who shall issue a decision in writing, or direct the City Attorney to render a decision in writing to the protesting bidder, offeror, or contractor. The City Manager shall have the authority to settle and resolve a protest of an aggrieved bidder, offeror or contractor, actual or prospective, concerning the solicitation or award of a contract. The decision shall: 1. State the reasons for the action taken; and 2. Inform the protestor of its right to appeal as provided in this part. Policy No. 10.14~01 - Appeals and Remedies Page: 2 of 3 Notice of DecisiOn: A copy of the decision under this section shall be mailed or otherwise furnished to the protestor and any other party intervening. Finality of Decision: A decision of the City Manager under this section shall be final and conclusive unless the protestor files a written appeal with the City Commission within three business days of the City Manager's decision. The City Commission within thirty (30) days of the City Manager's response shall consider the protest. Failure to Follow Procedure: A protestor's failure to follow the protest procedure set forth herein shall render void any protest or claim brought by an aggrieved bidder, offeror, or contractor. Remedies for Solicitations or Awards in Violation of Law: Prior to bid opening or closing date of receipt of proposals: If prior to the bid opening or the closing date for receipt of proposals, the Purchasing Agent, after consultation with the City Attorney, determines that a solicitation is in violation of federal, state, or municipal law or ordinance, then the solicitation shall be canceled or revised to comply with applicable law. Prior to Award: If after bid opening or the closing date for receipt of proposals, but prior to the award of contract, the Purchasing Agent, after consultation with the City Attorney, determines that a solicitation or a proposed award of a contract is in violation of federal, state, or municipal law, or ordinance, then the solicitation or proposal award shall be canceled. After Award: If, after an award, the Purchasing Division, after consultation with the City Attorney, determines that a solicitation or award of a contract was in violation of applicable law or ordinance, then: 1. If the person awarded the contract has not acted fraudulently or in bad faith: a. The contract may be ratified and affirmed, provided it is determined that doing so is in the best interest of the City; or Policy No. 10.14~01 -Appeals and Remedies Page: 3 of 3 b. The'contract may be terminated and the person awarded the contract shall be compensated for the actual costs reasonably incurred under the contract, plus a reasonable profit, but excluding attorney's fees, prior to the termination; or 2. If the person awarded the contract has acted fraudulently or in bad faith the contract may be declared null and void, if such action is in the best interests of the City. DEVELOPED BY: Purchasing Division EFFECTIVE DATE: February 1, 1998 Kerry Willis City Manager V.-CONSENT AGEN DA O-' CITY OF BOYNTON BEA~ ITEM C.1 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] Apr/t l, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) [] May20,2003 May 5, 2003 (Noon) [] July15, 2003 June 30, 2003 (Noon) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business ~. AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Resolution authorizing the release of a cash bond of $495.00 to LM Development for the project known as Inches-A-Weigh. EXPLANATION: On April 1, 2003, the Building Division sent to the Finance Department a cash bond of $495.00 for the completion of the permitted work at Inches-A-Weigh located at 2276 N. Congress Avenue. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Q' . reene, evelopment'Director "~~ignature Development Department Department Name City Attorney / Finance / Human Resources S:'~BULLETINSFORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY IN THE AMOUNT OF $495.00 TO LM DEVELOPMENT FOR THE PROJECT KNOWNS AS INCHES-A-WEIGH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 1, 2003, the Building Division forwarded to Finance Department a cash bond of $495.00 for the completion of the permitted work at Inches-A- Weigh located at 2276 N. Congress Avenue; and WHEREAS, The work has been completed and the Certificate of Occupancy has been issued; and; WHEREAS, the City Commission, upon recommendation of staff, deems it appropriate to authorize a full release of cash surety in the amount of $495.00 to Inches- A-Weigh. NOW, TItEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TI-IAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the full release of the cash surety in the amount of $495.00 to Inches-A- Weigh. Section 2. That this Resolution shall become effective immediately upon passage. S:\CAhg, ESO\Letters of CreditXlnches-A-Weigh - cash surety release.doc PASSED AND ADOPTED this __ day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CAXRESOXLetters of Credit~lnches-A-Weigh - cash surety release.doc CITY OF BOYNTON BEACH P.O. BOX 310 BOYAPTON BEACH FL 33425 C E R T I F I C A T EP E R M A N E N T O F Issue Date ...... 5/16/03 Parcel Number ..... 08-43-45-17-00-004-0060 Property Address 2276 N CONGRESS AVE BOYNTON BEACH FL 33426 Subdivision Name Legal Description 17-45-43, TH PT OF NW 1/4 OF SW 1/4 LYG N OF NW 22ND AVE, S OF QUANTUM BLVD & W OF PB57P182 (LESS CONGRESS AVE Property Zoning .... COMMUNITY COMMERCIAL Owner ......... RM BOYNTON SHOPPES,LLC Contractor ...... L M DEVELOPMENT GROUP INC 954 476-0800 Application number 03-00000129 000 000 Description of Work INTERIOR RENOVATIONS Construction type Occupancy type .... Flood Zone ...... Special conditions INCHES-A-WEIGH ~u~ Approved ....... B ficia VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-064 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official ~ DATE: April 1, 2003 SUBJECT: CASH BOND - INCHES-A-WEIGH - 2276 N. CONGRESS AVENUE Attached is $495.00 in cash from LM Development. This is a cash surety for Inches-A-Weigh and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Aaron L. Hertz, P.E. and cash XC: Timothy K. Large, Building Code Administrator Permit File # 03-129 S:',DevelopmenfiBUlLDINGhMemos\Cash Bonds - 2003\Cash Bond - Inches A Weigh.doc EXHIBIT "B" 83/3]/2883 18:25 3857486728 DESIGN BUILD PRO ~GE BI/BI D esign-Buiid Professionals Corp. Engineering, Code Search & Consulting Services . C.A. 00009001 March 31, 2003 City of Boynton Beach V'a. Fa~: (561)7~ Development Deparm~ent 100 Em Boynton Beach Blvd. Boynton Beach, Florid~ 33425 ATTN.: Chief Building OfficiaJ RE: lnch~ Away (~ Shopp~ of Boynton 2276 N. Coogreu Avenue Boyntan B~ach, Florida 33436 Permit No.: 03-0129 De. ar $~r, Scope ofthb pemfit ca~i~ of imm-ior r~aovation of two adjo~o ~a~z located at 2276 N. C~ Av~ & 2278 N. Congr~s Avcaue, ~ch with agproximate arm of 1,800 $.F. & 695 $.F. r~zp~dvaly. The work in space 2276 iz compWte and aw~it~ T~aat~raty Cea~ica~ of Oceupan~, p~ading ~i~r r~mal,i,~ work in 2278 wi~ic.h are aa follow~: 2) Ias~ation of cove' pl~t~ for all wall switch~ and ~ dcvic~z. 4) Imtallafion of ~it Light. Since alt mat~ialz ar~ on sit~, ~ ofth~ rmmm~ work to b~ compk't~ is ea~a~ at Four~ Fi~ Dolla~ ($450.00). The above noted condifiona have been reviewed by, and found to b~ ac.c.~table by this office. Pleaze acc.~pt thiz aa ~uffi~mt docuw.¢a~a6on in coajunc~i~a with a ¢~s~ band £cr tha amoum aotod above to be P°s~d bY thc contractor, in granting tl~ agproval and i~suanc~ of Temtxmwy C_.~t~ of ~ancy for spar~ 2276 only. Should you have any qu~tio~ or ~ darificatiom, plc. a~ do not he~ita~ ~o conta~ tl~ office. Yom' coopera_fic~:~ ~.thi~ matter is gr~tdy appr~ciat~ ttt) 0 7430 S.V~:~uh:e"B, M~arni, Florida 33155 Phone # (2M5) 740-6770 Fax # (305) 740-6720 e-marl: deaign~beiisoutknet EXHIBIT "D" V.-CONSENT AGENDA CITY OF BOYNTON BE, ITEM C.2 AGENDA ITEM REQUEST r o ,zv Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citw Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) ¢'~ [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) ~'~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Resolution authorizing the release of a cash bond of $ 1,340.00 to Venture Realty, Inc. for the project known as East Coast Furniture. EXPLANATION: On February 7, 2003, the Building Division sent to the Finance Department a cash bond of $1,340.00 for the completion of the permitted work at East Coast Furniture located at 3635 S. Federal Highway. The work has been completed and the Certificate of Completion has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNAT...7;~ne , Qu h~.~' ~,/~GI ~n~] ~?x~l~ffe~nent D ire ct or ~gnature Development Department Department Name City Attorney / Finance / Human Resources S:kBULLETIN~ORMS',AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY IN THE AMOUNT OF $1,340.00 TO VENTURE REALTY, INC., FOR THE PROJECT KNOWN AS EAST COAST FURNITURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 7, 2003, the Building Division forwarded to Finance Department a cash bond of $1,340.00 for the completion of the permitted work at East Coast Furniture located at 3635 S. Federal Highway; and WHEREAS, The work has been completed and the Certificate of Occupancy has been issued; and; WHEREAS, the City Commission, upon recommendation of staff, deems it appropriate to authorize a full release of cash surety in the amount of $1,340.00 for the completion of the permitted work at East Coast Furniture located at 3635 S. Federal Highway. 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, hereby approves the full release o fthe cash surety in the amount of $1,340.00 for the completion of the permitted work at East Coast Furniture located at 3635 S. Federal Highway. Section 2. That this Resolution shall become effective immediately upon passage. S:\CAXRESOXLetIers of Credit\Venture Realty- cash surety release.doc PASSED AND ADOPTED this ~ day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA~RESOXLettets of Credit\Venture Realty- cash surety release.doc $621 SOUTH FEDER,4L HI4/Y . BOYNTON BE~CH, FLOQIDA 33435 TEL: 561-735-4512 FX 561-735-0332 E-~L:VENTURE48~HOT~L. June 3, 2003 City of Boynton Beach Planning and Zoning PO Box 310 Boynton Beach, FL 33425 RE: refund request Mr. Johnson: Please accept this letter as a request for a refund of the $1340.00 posted for the Certificate of Occupancy for East Coast Furniture--Permit File # 02-4236. Please notify me upon receipt of this letter including the next scheduled committee meeting. Thank you for your attention to this matter. S incere/L~,, ~ Harve}r McClintoc~ EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DMSION MEMORANDUM NO. 03-022 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official~.~l~ DATE: February 7, 2003 SUBJECT: CASH BOND - EAST COAST FURNITURE - 3635 S. FEDERAL HWY. Attached is a check for $1,340.00 from Venture Realty, Inc. This is a cash surety for East Coast Furniture and is to be held until all outstanding issues of their temporary Certificate of Completion are completed. This Should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Completion, the surety will be returned. DJ:rs Attachments/letter from Steve Myott and check XC: Timothy K. Large, Building Code Administrator Permit File # 02-4236 S:~3evelopmentSBl./lLDINGhMernos~Cash Bonds - 2003\Cash Bond - East Coast Furniture 02-4236.doc EXHIBIT "B" EXHIBIT "C" February 5,2003 City of Boyflton Beach Building Inspections Re: Permit # 02.4.236 Please be advised that the cost Hurricane Shutter system and its installation for the project is $1200.00. The property owner is providing a 110% surety bond for this remaining portion of the project in accordance with section 106.1.3 of the City administrative code. . Sincerelj¢, ihnson Architects Steve Myott, Architect EXHIBIT "D" V.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetimt Dates ~n to Cit~ Clerk's Office [] April l, 2003 March 17.2003{Noon.} [] June3,2003 Maylg. 2003tNoon} [] April 15, 2003 March 31,2003 (Noon) [] June 17.2003 June 2. 2003 (Noon) [] May 6, 2003 April 14.2003 (Noon) [] July I, 2003 June 16.2003 (Noon) '['-1 May 20, 2003 May 5, 2003 (Noon} [] July 15, 2003 June 30. 2003 (Noon) :--- [] Administrative [] Legal ~ , NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation -o ,;, [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to accept Letter of Credit no. 3056469 with amendment no. I from Bank of America in the amount of $5,997.00 as surety for the satisfactory performance of the sewer improvements for the project known as Ocean Cay. EXPLANATION: The developer of this project has competed installation of the on-site sanitary sewer system, and is posting this letter of credit to guarantee that the system will perform satisfactorily through the one-year warranty period. PROGRAM IMPACT: None FISCAL IMPACT: None '~ALTERNATIVES:~ !~.[~ ~ ~,~1,. None. _ ~ ~,~ -,_ Department Head s(lgignature City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. (w/original letter of credit & amendment) File " S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LETTER OF CREDIT AND AMENDMENT NO. l SUBMITTED FOR THE PROJECT KNOWN AS OCEAN CAY, AND ISSUED BY BANK OF AMERICA (LETTER OF CREDIT NO. 3056469) IN THE AMOUNT OF $5,997.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby accept the above referenced Letter of Credit, and Amendment No. 1 to the Letter of Credit in the amount of $5,997.00 as surety for the satisfactory performance of the sewer improvements for the project known as Ocean Cay. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby Iroves and accepts a Letter of Credit in the amount of $549,093.05 as surety for the performance of the sewer improvements for the project known as Ocean Cay. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ,T: Commissioner Clerk tters of CreditV~,ccepting Letter of Credit - Ocean Cay.doc 8anl( , America PAGE: 1 DATE: MAY 30, 2003 IRREVOCABLE STANDBY LETTER OF CREDIT ~ER: 3056469 APPLICANT REFERENCE NI/MBER: CENTEX HOMES-28 BENEFICIARY APPLICANT CITY OF BOYNTON BEACH CENTEX HOMES DEPT. DEVELOPMENT - ATTN: KEN MALL PO BOX 199000 100 E. BOY1TTON BEACH BLVD. DA~LLAS, TX 75219 BOYS~ON BEACH, FL 33425 AMOUNT USD 5,997.00 FIVE THOUSAND NINE HUNDRED NINETY SEVEN AND 00/100'S US DOLLARS EXPIRATION MAY 28, 2004 AT OUR COUNTERS GEntLEMEN: WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 3056469 IN YOUR FAVOR, AS BEITEFICIARY, BY ORDER AND FOR ACCOUNT OF CENTEX HOMES, P.O. BOX 199000, DALLAS, TX 75219 UP TO THE AGGREGATE SUM OF FIVE THOUSAND NINE HUNDRED NINETY SEVEN AND 00/100 U.S. DOLLARS (U.S.$5,997.00) EXPIRING ON MAY 28, 2004, AT THE COUNTERS OF BANK OF AMERICA, N.A., 333 SOUTH BEAUDRY AVENUE, 19TH FLOOR, MAIL CODE: CA9-703-19-23, LOS ANGELES, CA 90017 ATTN: STANDBY LETTER OF CREiDIT DEPARTMENT, AVAILABLE BY PAYMENT AGAINST YOUR DRAFT(S) DRAWN ON 'US AT SIGHT ACCOMPANIED BY: 1. A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED OFFICIAL OF THE CITY OF BOYNTON BEACH DEPARTMENT OF DEVELOPMENT, SWORN TO BEFORE A NOTARY PUBLIC, STATING THAT: "THE FUNDS DRAWN UNDER LETTER OF CREDIT NO. 3056469 ISSUED BY BANK OF AMERICA, N.A. ARE DUE BY REASON OF CENTEX HOMES'S FAILURE TO PERFORM THE SANITARY SEWER MAINTENANCE. THE CITY OF BOYNTON BEACH HAS DELIVERED WRITTEN NOTICE TO CENTEX HOMES DESCRIBING THE EVENT OR CONDITIONS OF DEFAULT IN REASONABLE DETAIL AND MORE THAN TEN (10) DAYS HAVE PASSED SINCE CENTEX HOMES RECEIVED THE CITY'S NOTICE, BUT CENTEX HOMES HAS FAILED TO CURE THE DEFAULT." 2. THE ORIGINAL OF THIS LETTER OF CREDIT. 3. COPY OF BENEFICIARY'S LETTER TO DEVELOPER DATED AT LEAST TEN (10) DAYS PRIOR TO DRAWING, NOTIFYING THEIR INTENT TO DRAW ON THIS LETTER OF CREDIT. SPECIAL CONDITIONS: PARTIAL DRAWINGS ARE ACCEPTABLE. THIS LETTER OF CREDIT IS ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA, AND IS TO BE INTERPRETED BY FLORIDA LAW. ANY DRAFT DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED "DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. 3056469 ISSUED BY BANK OF AMERICA, N.A." WE HEREBY ENGAGE WITH YOU THAT ANY DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO OUR OFFICE AT 333 SOUTH BEAUDRY AVENI/E, 19TH FLOOR, MAIL CODE: CA9-703-19-23, LOS ANGELES, CA 90017 ATTN: STANDBY LETTER OF CREDIT DEPARTMENT, OR ~,, ¢,..: ¢,,~.~o~-,~.0. ORIGINAL Bank ~,f America PAGE: 2 T~IS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3056469 BANK OF AMERICA, N.A., 5875 NW 163RD STREET, MAIL CODE: FL7-405-02-06, HIALEAH, FL 33014, VIA COURIER SERVICE OR REGISTERED MAIL ON BEFORE THE EXPIRATION DATE OR ANY AUTOMATICALLY EXTENDED EXPIRATION DATE AS SPECIFIED ABOVE. UNLESS OTI~ERWISE EXPRESSLY STATED HEREIN, T~IS LETTER OF CREDIT IS SUBJECT TO T~E UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CI'IAMBER OF COMMERCE PUBLICATION NO. 500. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 213-345-0132. ' ...... // STELLA ROSALES ~ SCHUTTEF~ ORIGINAL Bank of America PAGE: 1 DATE: J-JNE 10, 2003 AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3056469 APPLICANT REFERENCE NUMBER: CENTEX HOMES-28 AMENDMENT NUMBER 1 BENEFICIARY APPLICANT CITY OF BOYNTON BEACH CENTEX HOMES UTILITIES DEPARTMENT PO BOX 199000 ATTN: PETE MAZZELLA DALLAS, TX 75219 100 E. BOY1TTON BEACH BLVD. BOYNTON BEACH, FL 33425 THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAL PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: BENEFICIARY'S ADDRESS NOW READS AS SHOWN ABOVE. PARAGRAP~ 2 ON PAGE I OF THE LETTER OF CREDIT NOW READS AS FOLLOWS: "1. A STATEMENT PURPORTEDLY SIGNED BY THE DIRECTOR OF UTILITES OF THE CITY OF BOYNTON BEACH, SWORN TO BEFORE A NOTARY PUBLIC, STATING THAT: "THE FUNDS DRAWN UNDER LETTER OF CREDIT NO. 3056469 ISSUED BY BANK OF AMERICA, N.A. ARE DUE BY REASON OF CENTEX HOMES'S FAILURE TO PERFORM THE INSTALLATION ~ SATISFACTORY PERFORMANCE OF THE SEWER SYSTEM TO BE OWNED BY THE CITY OF BOYNT~N BEACH FOR THE PROJECT KNOWN AS OCEAN CAY. THE CITY OF BOYNTON BEACH HAS DELIVERED WRITTEN NOTICE TO CENTEX HOMES DESCRIBING THE EVENT OR CONDITIONS OF DEFAULT IN REA-~ONABLE DETAIL AND MORE THAN TEN (10) DAYS HAVE PASSED SINCE CF_/TTEX HOMES RECEIVED THE CITY'S NOTICE, BUT CENTEX HOMES HAS FAILED TO CURE THE DEFAULT." THE FOLLOWING CONDITION IS NOW ADDED: "THIS LETTER OF CREDIT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR A PERIOD OF ONE (1) YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST NINETY (90) DAYS PRIOR TO ANY EXPIRATION DATE, WE NOTIFY YOU BY REGISTERED MAIL OR OVERNIGHT COURIER SERVICE AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO EXTEND THIS LETTER OF CREDIT." PAYMENT UNDER THIS LETTER OF CREDIT SHALL BE MADE BY WIRE TRANSFER OF FEDERAL RESERVE BANK OF NEW YORK FUNDS TO YOUR ACCOUNT IN A BANK OF THE FEDERAL RESERVE WIRE SYSTEM. ALL OTHER TERMS ~ CONDITIONS REMAIN UNCHANGED. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS AMENDMENT, PLEASE CALL 305-819-7662 · ..................... IN .......... ROSE T. AGUST . THIS DOCUMENT CONSIST~ OF -1 PAGE (S) . ,,.~t c,~. c^~-?o~*~'~ ORIGINAL JUN 11 2003 08:15 FR BANK OF AMERICA 213 345 0010 TO ~ISGiS3GiOB0 =.0~-'g£ Stme 10, 2003 V.-CONSENT AGENDA CITY OF BOYNTON ITEM C.4 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon)c~." [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal --~ NATURE OF I_l Announcement [] New Business -- AGENDAITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlemems [] Unfinished Bus/ness RECOMMENDATION: Recommend approval of a resolution releasing the cash surety, in the amount of $2,500.00 (Two Thousand Five Hundred Dollars), for the Boynton Lakes Plat 5 Subdivision. EXPLANATION: Attached is a letter requesting release of the cash surety from the developer (Exhibit "A") and a copy of the check (Exhibit "B") for $2,500.00 (Two Thousand Five Hundred Dollars). All work in association with this subdivision has been satisfactorily completed and the required warranty period has been completed. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Public Works/Ensmeering ~aa~aa~ Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RE. LEASE OF CASH SURETY IN THE AMOUNT OF $2,500.00 TO LENNAR HOMES FOR THE PROJECT KNOWN AS BOYNTON LAKES PLAT 5 SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 22, 1991, the Building Department forwarded to the Department a cash surety in the amount of $2,500.00 as surety for the completion >fthe project known as Boynton Lakes Plat 5 Subdivision; and WHEREAS, The work has been completed and the required warranty period has ended, and; WHEREAS, the City Commission, upon recommendation of staff, deems it appropriate to authorize a full release of cash surety in the amount of $2,500.00 to the ~er Lennar Homes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TItE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, approves the full release of the cash surety in the amount of $2,500.00 to the Lennar Homes. Section 2. That this Resolution shall become effective immediately upon )assage. ;:\CA\RESO\Letters of CreditXLennar HOmes - cash surety release.doc PASSED AND ADOPTED this~ day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~TTEST: City Clerk (Corporate Seal) ;:\CAXRESO\Letters of Credit\Lennar HOmes - cash surety release.doc 06/18/2083 I1:89 70358~2187 AMC PA6E 81/81 Exhibit "A" O set g tants 12841 Fitz~vater Dr. Phone:(703) $96-3100 Nokesville, Virginia 20181-27,%0, Fax:(703) 59~-2187 Retluest For Release Of Bond Dated:Tuesday, June 107 2003, LBNN1A Attn: Ruth Scire Dept: Building Dept"' 'Fax: (561) 742-6357 Dear Ruth Scire We believe all necessary work, permits, stabilization, ere .... have been completed on the project known in your files as: File: LENNAR HOMES Il,lC Account #: Project Desc: BOY'NTON LAKES PLAT 5 Bond Date: I0/22/199I Project Add Project ii Bond Type RESTRTN ReceiPt # Ii'this not the case, please forward a list of any nonconforming or not completed items to us for attention. Otherwise, Please refund the deposit held by BOY'I'ON BEACH, FL in the amount of $2,500.00 plus al~lieable i~tercst to: Leamar Homes / U S Home Corp Mr. Ed Rice 700 N.W 107 Avenue Miami,FL 33172 Please Consider this request for any additional funds held by you for this developer with exception of any active construction. It is our intention to have all funds returned to the developer. Please inform AMC, as agent, of refund date and of all other correspondence, by carbon copy. If you have any questions concerning the above, please feel free to call me at (703) 594-3100. Scott Jacobs Grayarc' ! ~o.,o. ~94, REPLY MESSAGE CALL TOLL FREE: 1-800-243-~250 Fold At I ~/) TO Fit Grayarc Window Envel(~0e # EW10P ~' REORDER ITEM # F269 FROM ) Grad¥ Swann, Finance Director Vincent A. Finizio, Administrative Coordinator of Engineering Boynton Lakes Plat #5, Lake Slope/Infrastructure SUBJECT: ._ Res_torat ion_ Bond ...... CCash) ..................................................... DATE:_Q~b_e__r__l~,_199 !_ FOLD + Attached please find a check from Lennar Homes, Inc. in the amount of $2,500.00 for the above referenced project. VAF/ck attachment: 1 check for $2,500.00 cc: J. Scott Miller, City Manager ~.rPLEASE REPLY TO ~ SIGNED k,.~DATE: SIGNED ~lem # F269 Grayerc, P.O. ElOX 2944. Hartfot'~, CT 06104-2944 ~ Whee~.~ ~,-o~o, ~ ~982 THIS COPY FOR PERSON ADDRESSED LENNAR HOMES INC. - 700 N.W. 107 AVENUE 0725 MIAMI, FLORIDA 33172 50-817/213 10/17 91 PAY __19 rD THE CITY OF BOYNTON BEACH ORDER OF '"":, J1£ ,'.' 1 ~ ~ ~ ~ 3 ,~'.: ..... I',,,,,il ''~ r:,, ':7 ,' ..... :" ' ..... " . ........ {',,,,,d 1,,.,, DOLLARS .o,;....OND FOR LAKE. WORK (BANKS) -A-T--B~Y-T~BEACH SEC. 5 V.-CONSENT AGENDA ZTEH C.5 CITY OF BOYNTON BE^ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetint, Dates in to City Clerk's Office Meetim, Dates in to City Clerk's Office [] April I, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 3 I, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July I, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation co [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business --~ o RECOMMENDATION: Motion to authorize full release of the remaining surety for the sewer system improvements for the project by the Town of Hypoluxo known as Hypoluxo Point in the amount of $80,000. EXPLANATION: The City of Boynton Beach is currently holding letter of credit number SB 992081 from Colonial Bank in the amount of $80,000 as surety for completion of the sanitary sewer system serving this project. The required sewer system improvements for this project have operated satisfactorily through the warranty period. The original letter of credit may now be returned to the Town. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City Code allows for full release after the warranty period has Department Heac[~ Signature - cT-ty Manager's Signature Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Mary Munro, Finance Dept. " File " S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY IN THE A_MOUNT OF $80,000.00 TO THE TOWN OF HYPOLUXO FOR THE PROJECT KNOWN AS HYPOLUXO POINT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 2, 2002, the Utilities Department forwarded to Finance ~artment a Letter of Credit in the amount of $80,000.00 as surety for the completion of water and sewer system for the project known as Hypoluxo Point; and WHEREAS, The work has been completed and the sewer system is operated ~atisfactorily through the warranty period, and; WHEREAS, the City Commission, upon recommendation of staff, deems it to authorize a full release of cash surety in the amount of $80,000.00 to the o f Hypoluxo. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, approves the full release of the cash surety in the amount of $80,000.00 to the of Hypoluxo. Section 2. That this Resolution shall become effective immediately upon >assage. i:\CA\RESO\Letters of Credit\To~ of Hypoluxo - cash surety release.doc PASSED AND ADOPTED this ~ day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner A_TTEST: City Clerk (Corporate Seal) 5:\CA\RESO\Letters of Credit\Town of Hypoluxo - cash surety release.doc · ' COLONIAL BANK ,-~?I',r, NF)E.;\," LE{T'TEF! OF C[RED~.'T I'':~'~ B~D'v'iSED BY HF~Ii.. DF~TE ~NO PLP~CE OF EXP~T]?Y TOi~N OF HYPOI...UXO CiTY :()F BOYiHTON BEF~CH 7.E, 80 S FEDERAL HiGHWPF'¢ C/O I. iTILITiES DEPAFiTHEN[ HYPOI.i.XO FI. .:,)4,.:,..:' "'~.,.), ,4 174 aD'"/I S ~ NG B~qNK f~HC:mUNT USD f~O ~, 000 ,. O0 U ~ :3 ,. DC)!_.t...P~RS ' n ~ ~ E~GHTY THO .~ND ONI NOT ~PPl. [ ....~[.::,l..c.: P~RTIF~L. DRF~WiNGS CREDIT ~'v'~IL_~Bi_E VJ~TH RLL. Ob~ED COLONIAL B~NK ............................................................................................................................................................... ~Y P~YPiFNT I..)..),~.U PL. N 1 ,"~,'xINST,~XT/"rTOX~...,...~.,.,,,.~,.,., OF THE "tm ~ ¢: DE'T¢~'~ LED HERE~N VJE HEREBY ~SSI..JE OUR CI...ECqi'i IRREvu~..t.4bl...E b Ptl'.tb~: / L. ETTER OF CREDIT NLJidBL SB992081 .~N F:~VOR OF THE CITY OF BOYi'qTON BE~CH C/O U"FZL. Z'~'IE:S DEP~RTHENT FOR THE P, CCE:lJNT CmF TOWN OF HYPOI...UXO IN THE cqGGIE'FGP, TE P, NOlJNT OF ,f!'EGHTY TI--tOiISP~NE) U S r')O I~RS FhNE) NO CENTS (USD~O,OoO O(''~'t ft~V(~TI '~ ~:' ~'Y' ~'~'HFi'ml' (3p "[ .~. ) fit SIGHT DRAWN ON US WHEN RC:COHPFd"iZED BY 'f'HE FOE L OOCUIfiENT (S): ~>'F/'"r'F::lal::k"r' PURI::~ORTEDLY SIGNED BY THE O":'e~: ".'r "'::, OF OF: Z. o,,..-, ...... ', ].[ ..... C,Ot, THE LrTILITIE:EJ: THE; CZ'T'Y OF BOYNTON BE~qCH STf4TZN6, ''THE TOTF:~L (~HOUi-.!T DRr~WN LNDER THiS L.ETTER OF CREDIT IS NECESSRRY TO CL..E~R 1'HE :SEWER .:~',.::TEM OF ANY OF¢ CmTI.-IEERt/J'[~F i:qTB'FOI;H RFP~TRS NECE:.~.)~-~F. TCI Pd I.OVJ 'TH[~ F;'Y'STFH TO FL.INC:I'EON ':':~f~ THE REQUIRED WORK.'' 2. 1'HE ORIGINAL L. ETTER OF' CREDIT RND ¢~NY SUBSEQUENT ~HEN[)MENTS.. "rpF:, , .......... :'~[IFi~F~CISI:: OF 'rHF_ P?.OJE:OT T©_~, THF. .......... rh.s'l'Pt ! ~T]CIN 0F:_ ....... SFt~ER ~' .... '"' ..... ~" . ....... .~.' BY THE CiTY OF BOYIqTON BE~GH FOR THE PROJECT FNC~N F~ HYPOLUXO 'r' -p ,'x~:TF ,.'x~rrmM/*~'Tr',~ ~.V ,,E..h,EW,-D FOR c.I ~ ...... .~ ~or",x , ciE, ,E,.., .... R 8E ,.,-, , ~., ,,', , ~--,',,-~- ~: -: [ ..:;..J~.OE ....... ]:VE ONE~"fE~R F:'ER I ODE~; ..... · THE F,i-Ii~ZVERSAF~Y OF Z'TS iSSUE UNLESS ~T LE¢~GT NINETY (90) DFY~S [~RZOFR TO % . ' W R .......... SUCH P~NNIVER,..~RY D~I'E I~JE NOTIFY kOl. IN I/TING BY FREGI%TERED blP~];I... TO THE: DTRFCTOR OF THE t. JT'[I..'TTTES DEPT~ CTTY OF F~O"¢NTON BE~CH~ C,,/O tJTTt ITIE-S ~4~. TF-IP¢'F ~,IE EL. ECl' NCIT 'r~', 1.24 E ~OOLBI:2ZGHT RO¢¢D, ~G',/NTON [3EP¢CH FL '--z ~"zr: .... .......... TH~S L..ETT[R OF CREDIT UPON RECEIPT BY YOU OF SUCH NOTICE ",/3U HAY L., FtEREUNDER BY YOUR DRAFT DRAI4N AT S I GHT ON I...tS ~NO ~C Z 'i HP~N I' F;iD [..,:::RI TmT(.(qT,::; :STGNF) B'Y' l'l--IF7 D'IRECTOR OF THEE (I'TTI [~ r,:.> .............................. EO. BOX 310367 · MI~I, F~O~DA 3323~-0367 · T~BX: A.T. & T. 515553 COLONIAL BANK I]IATE I.']F T ~' .y,.'::, . I E: ' A P R I L '? ~ 200'.7'" S T A ix.! [ii R Y [. E ]" T E R II F' C R E ii '[ T [ :S B 99 ? :') ?~ I ADVISED 8Y MAi[L. DATE AND Pl...ABE OF EXPIRY APRIL 2, .';200;3 MIAMI A' P P L I C ,x',, N T B FZ N E F I C Z A R '.,,z TOWN ~F H'"r'POLUXC~ C. ZT¥' OF' 130Y~iTOiW BEA.r':H '7.b80 ,%, FEDERAl... H]'.GHWA¥' C/O I`Jf'II..ITIES OEF~R~HENT HYPO[ x:O Fi 3~462 ~034 ]~'4 E ~r -:~ .... ) '" - ........... -. ' .... r .: I,J.]OI. HF, TGHT ROAD [-JOYN'I"ON ~EACH F'L 3343Z~ lin RECEIPT OF NON-RENEWAL NO'TICE FOR THIS LETTER OF c'REOIT ANn DRAWN UNDER FHi',.) I.[:]'Tc:R OF' CI'-~I:::D]:T ARE NECESSARY TO Al LOW THE S'¥'STEi'4 TO) FUNCTION .,')!~ DE~:IC~.NED AND ACCEPTED ANn THAT ]"HF T(]I.~JN (')F H';'F~nl i~XF'J H,',,-~ 'TO COMPLETE 'THE REQUIRE[') WORK. WE HEREBY AGREE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE! TE'RN,:.'3 AND CONDITIONS OF THIS CREDIT ..SHAI. L BE DUl Y HONORED IF P[RESENTED WITFi DOCUMEN]"(iS) AS SPECIFIED ,AND THE ORiGIN,AL OF: THIS CREDIT, ,AT Ol`JR OFFICE L. OCATED AT _l. 200 BRICKELL AVENI...IE:, HiAHi Ft.. 5,3 .:L 3 .'L ~, ON, OR BEFORE THE ABOVE ~TATED EXPIRY DATE. DRAFT(8) DRAWN UNDER TtflI..~ CREDIT PII~..~'T gTA]"E I rCTTEF,,' (]iF CRE'D]'T NI...IMBER S89971:')~] .. ,_.,.,,~,-,,_..:~,.,~ , r:;, r-~'r,...D HEREIr.~., THre' OF ~-.c~c:F, .r T IS SI.J~,]ECI~ "FO THE UNIFORH C:USTOHS AND F'RACT1CE F'OR DOCLIHENTAR¥ ..... L,,.c:D RE'VI'STON) ]'N"FERNA'TIONAI.. CHAMBER OF COidMERCF. PLIRI. ICA'TION NO_ E, OC'.~:~ AND IN THE i::'~,"l':'i"'"r/]F: ~'~NM [":F)NF 'rr,:'T~ !~ "FO RF ~[F,rFF~F~F?F:'TFF) FRY ~:' rlp'rr",A LAW fF: h l:::r",::~".~"./~c,',/ THiS LETTER OF CREDIT SHALl._ BE ENFORCEABLE Iiq A COURT OF COMPETENT ,]'L.IR.'I::~:;DICTIE]p4 Ir,,! PmLM BEACH COL.IINTY~, PLO. F',~IE)¢i AIN, fD I.t5 rD BE Ir'4'f'E[.~F:'REZ'f'.r:ZZ[] F-I (]P "17 DA I. Aid .. THIS AREA iNTENTIC~i',!ALI...Y Bi.,.Ai",tK , H [ c:. F)F',F't Ii'ar.::~..iT r-'.rhkl~". 'r c.~.~-.. OF: '" r:~Ac'.~:,.-.. COL. OM, .'[ At... [-'.3Ai-4N:. ,, AU I'HOR ~A.~ S I GNATI` IRE Al, I]"HOR I ZED ,.. I .~NATI...IRE P.O. BOX 310367 · MIAMI, FLORIDA 33231-0367 · TELEX: A.T. & T. 515553 v..coNSENT .aGENDA, TEM C.6 CITY OF BOYNTON BEA AGENDA ITEM RI QUEST FORNI Date Final Fo~ Mus~ R~U~t~ CiW commissi°n te Final Fo~ Must be Tum~ R~u~t~ CiW C°~issi°n ~ ~ May 19, 2003 ( ~ ~ june 3, 2003 March 17, 2003 iNCh.) June 2, 2003 April 1,2003 ~ ]une 17,2003 ]une 16, 2003 M~ch 31,2003 (N~n) iN--n) April 15,2003 July I.!003 April 14.2003 (N~n) ]une 30, ~003 (N~n) ~ May6,2003 ~ 3uly15, 2003 ~ May 20,2003 ~ A~inis~ative ~ New Bus.ess ~ ~o~cemem ~ Presentation NAT~ OF ~ Public HeaVE AGENDA ITEM ~ CiW Manager's Repo~ ~ Consent Agenda ~ Unfi~shed Bus.ess ~ Code Compliance/Legal SeRlements and sewer system ~coMMENDATION: Motion to authorRe fur release of the rema~g sureW for the water improvements for the proieet ~own as Island Reach Apa~mentS, and refund~g the cash sureW the amount of $~5,278.00 to the orig~al developer, Island Reach pa~ers, Ltd.. EXPL~ATION: currently holding cash sureW ~ the amount of $15,278.00 br have The CiW of BoSton Beach is completion of the water and sanita~ sewer systems se~g this pro]eet. Those systems operated satisfaetorBY, and the cash sureW may now be re~rned. pROG~M IMPACT: None FISCAL IMPACT: None ALTE~ATIVES: None. The CiW Code aBows br fur release after the warranW period has exp~ed. ' ~v / France / nm ....... ~~em N~e (w/copy of XC: Dale Sug¢~an Peter Ma~ella M~ M~o, Finance D~t. ,, File s:xBULL~Wo~S~G~DA ~EM REQUEST FO~.~ RESOLUTION NO. RO3- A RESOLUTION OF THE CITY OF BOYNTON BEACH, THE~a ouRETY IN THE AMOUNT OF $25,278.00 TO ISLAND REACH PARTNERs, LTD, FOR THE PROJECT KNOWN AS ISLAND REACH APARTMENTS; AND PROV/DING AN EFFECTIVE DATE. WHEREAS, the developer of this project had previously posted cash surety in the trnount of $25,278.00 to guarantee satisfactory COmpletion of the on-site Water system; WHEREAS, that system has now been COmpleted, ali dOCUmentation has been and the systems have operated satisfactor/ly through the warranty per/od; and WHEREAS, the City Commission, upon recommendation of staff, deems it appropriate to authorize a full release of cash surety in the amount of $25,278.00 to the )er. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Flor/da, does approve the full release of the cash surety in the amount of $25,278.00 to the Island Reach Partners, Ltd., for the project known as Island Reach Apartments. Section 2. That this Resolution shall become effective immediately upon \CAhRESO'~Letters of Credit~Release cash Surety-Island Reach Apartments.doc PA~SED AND ADOPTED this __ day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA~RESO\Letters of CreditLRelease cash Surety-Island Reach Apartments.doc O t'- -'lg[a._ g3gement C-6-ffsu ts 12841 Fit2water Dr. Phone:(703) 594-3]oo Nok~ville. Virginia 20151-2734 Fax:(?03) 594-21.87 Request For Release Of Bond Dated: Mon,day, May 05:, 2003 ISLA9661A Attn: Pete Mazzella Dept: Utilities" Fax: (561) 731-0065 Dear Pete Mare. ella We believe all necessary work, permits, stabilization, etc..., have been completed on the project known in your files as: Filc: ISLAND P-~ACH PARTNERS LTD Account #: Project Desc: Bond Date: 2/14/1989 Project Add Project # Bond Type WATER-SWR Receipt # If this not the case, please forward a list of any non.conforming or not completed items to us for attention. Otherwise, Please refund the deposit held by Boyton Beach, FL in the amount of $25,278.00 plus applicable interest to: ISLAND REACH PARTNERS LTD Mr. Newton W Mandel 155 East 55th St New York,NY 10022 Please Consider this request for any additional funds held by you for this developer w~th exception of any active construction. It is oar intention to have all funds returned tn the developer. Please inform AMC, as agent, of refund date and ofall other correspondence, by oarbon copy. If you have any questions concerning the above, please feel free to call me at (703) 594-3100. Scott Jacobs 12841 FR~wster Dr. ~okesville~ Virginia 20181-2?34 PboneffT03) 594-3100 Pax:(703) 594-2 ] 87 _Reauest For Releas, e Of Bond Dated:, Monday, May 05~ 200.~ Attn: Pete Mazzella ISLA9661A Dcpt: Utilities* Fax: (561) 742-6298 Dear Pete Mazzella We believe all necessary work, permits, stabilization, ete ....have b~en completed on the project known in your files as: File: ISLAND REACH PARTNERS LTD Account #: Project D~sc: Bond Date: 2/14/1989 ~roject Add Project # Bond Type WATER-SWR Receipt # If this not the case, please forward a list of any nonconforiiilng or not cornpl~ted items to us for attention. Otherwise, Please refund the deposit held by Boyton Beach FL in the amount of $25,278.00 plus applicable interest to: , ISLAND REACH PARTNERS LTD Mr. Newton W Mandel 155 East 55th St New York>NY ] 0022 Please Consider this request for any additional funds held by you for this developer with. exc~t/on of any active oonstruction. It is our intention to have all funds r~urned to the developer. Please inform AMC, as agent, of refund date and of all other corrcspond~ce, by carbon copy. If'you have any questions concerning the above, please feel fre~ to call me at (703) 594-3100. Scott Jneobs 0S/0S/~003 ~6:~? 703~9~1~? ~C P~GE 02?02 DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 25,278.00 To: Island Reach Partners LTD Mr. Newton W Mandel 155 East 55th Street NewYork, NY 10022 For: Full release of the remaining cash sureb/for the project known as Island Reach Apartments Commission Approval: Requested by Peter V. Mazzella, Deputy Utilities Director ~ Date June 27, 2003 Approvals: 401 0000 220 99 00 25,278.00 Finance Dept. City Manager $25,278.00 CITY of. BOYNTON BEACH - czTY ATTORNEY  211 South Federal Highway P. O. Box 310 Boynton Beach. Florida 33425-0310 November 30, 1988 (407) 738-7405 Mr. Granvil Tracy Eastland Construction Corp. 7601 North Federal HighWay Suite 220 Boca Raton, FL 33487 Re: 21.5 acres located at Bolrnton Beach Blvd. -. and Lawrence Road (N.W. Corner) Dear Mr. Tracy: I am in receipt of your letter dated. November 29, 1988, together with the attachments from Mr. Hamby, indicating that the City of Boynton will honor the Developer Agreement with Drexel Properties of 8/1/72. Under the ter~s of this Agreement, the Developer shall pay to the City $250.00 for the sewer connection of each dwelling unit, or the equivalent connected to the sewer system at the time of connection. The Developer shall pay to the City the established fee for the meter plus the connection charges of $125.00 for each dwelling unit, or the equivalent connected to the water system at the time of connection. This agreement will continue in effect subsequent to your closing in January or February, 1989. If you have any further questions regarding the above. please do not hesitate to contact either this office or Mr. John Guidry, Director of Utilities. Raymond A. Rea City Attorney John Guidry, Director of Utilities !~ UTILITIES ~E~ARTMfN£ FINAL WALK-THRC{3~t INSPf~-~ION Engineer CM/gb MEMORANDUM To: Grady Swann, Financo Director ~~ From: John A. Guidry, Director of Utiliti Date: February 10, 1989 Subject: Island Reach Apartments - Fees and Cash Bond Transmitted herewith are the following: 1. Check #1008 in the amount of $25,278.00, constituting a cash bond for 110% of the value of the proposed construction. 2. Check ~1009 in the amount of $459.60, constituting the 2% inspection/administration fee. 3. Check #1010 in the amount of $749.50 for televising 1499 linear feet of sanitary sewer. 4. Cost documentation for this project, showing water and sewer values. All check~ are from Island Reach Partners, Ltd. Please deposit these in the appropriate accounts. dmt Enclosures bc: Peter Mazzella i ISLAND REACH PARTNERS, LTD. · ' 1008 '~ I1'00 ]'O01BII' I~0~ ?0081~ ~[~1-' I1'~ ~ ~ ]'000 ~,~ ~ll~ i* ISLANO REACH PARTNERS. LTO. 10 0 9 ;* PAY ~ IS~ND REACH PARTNERS. L~. 0 · :;~ 101 _,~ ~ HE ~. , -- _ .Z .... PROJECTS APPROVED ~OR A,'; ~;F METERS WEEK OF 05/{)1/89 ISLAND REACH AFT.~;. cc: June Dunai, Citizen~ Services A1Newbold, Building Dept. Grady Swarm, Finance Director Joe Blanco Mark Law Peter Mazzella Clyde Milor V.-CONSENT AGENDA CITY OF BOYNTON BE3 ITEM C.7 AGENDA ITEM REQUEST ;ot v Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Cit~ Clerk's Office [] April I. 2003 March 17.2003 (Noon.) [] June 3, 2003 May 19. 2003 (Noon) [] April l5, 2003 March 31. 2OO3 (Noon) [] June l7. 2003 June 2. 2003 (Noon) ... [] May6,2003 April 14,2003 (Noon) [] July 1.2003 June 16.2003 (Noon) [] May20.2003 May 5, 2003 (Noon) [] JulylS. 2003 June 30, 2003 (Noon, [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to accept Letter of Credit no. 28686/100 from Fidelity Federal Bank & Trust in the amount of $75,431.00 as surety for the satisfactory performance of the water and sewer improvements for the project known as Survivors Charter School (Quantum Park lots 18, 19, 18A & 19A). EXPLANATION: The developer of this project has elected to post surety for the potable water and sanitary sewer improvements so as to expedite the providing of water and sewer service to the project. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. j~ Department Head's §ignature City Manager's Signature UTILITIES 0(~ Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Mtmro, Finance Dept. (w/original letter of credit & amendment) File " S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING A LETTER OF CREDIT SUBMITTED FOR THE PROJECT KNOWN AS SURVIVORS CHARTER SCHOOL AND ISSUED BY FIDELITY FEDERAL BANK & TRUST (LETTER OF CREDIT NO. 28686/100) IN THE AMOUNT OF $75,431.00; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon ion of staff, does hereby accept the above referenced Letter of Credit in the ~unt of $75,431.00 as surety for the satisfactory performance of the water and sewer ~rovements for the project known as Survivors Charter School. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby ,ves and accepts a Letter of Credit in the amount of $75,431.00 as surety for the :satisfactory performance of the water and sewer improvements for the project known as ;urvivors Charter School. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ,. Commissioner Clerk ~:\CA\RESO\Letters of Credit~Accepfing Letter of Credit - Survivors Charter School.doc FIDELITY FEDERAL B A N K & T R U S T 205 Datura Street, West Palm Beach, FL 33401 CLEAN IRREVOCABLE LETTER OF CREDIT DATED: June 26th, 2003 BENEFICIARY: APPLICANT: City of Boynton Beach 1325 GATEWAY, LLC 100 East Boynton Beach Boulevard 2500 Quantum Lakes Drive, #101 Boynton Beach, Florida 33435 Boynton Beach, Florida 33426 Gentlemen: We hereby open our Clean Irrevocable Letter of Credit No. 28686/100 in favor of the City of Boynton Beach, Florida ("City") for the initial mount of Seventy Five Thousand Four Hundred Thirty One and 00/100 U.S. Dollars ($75,431.00) effective as of this date This Letter of Credit is issued pursuant to those certain approved plans for Water and Wastewater Systems for Survivors Charter School, H.R.S. Water Permit No. 138271-191-DSGP (hereafter "Approved Permit"), between 1325 Gateway, LLC, as developer and the City of Boynton Beach, Florida, to develop a subdivision to be known as Quantum Park at Boynton Beach, P.I.D., Plat No.2 (hereafter "Subdivision"), and to construct and install the required improvements pursuant to the terms of the permit and approved plans. This Letter of Credit, however is independent of said approved permit and referenced herein is for information only. It is a condition of this Letter of Credit that it shall be automatically renewed for successive periods of one (1) year period from the expiration date hereof, or any future expiration date unless at least ninety (90) days prior to any expiration date we shall notify you by courier at the address indicated above, unless a change of a address is otherwise notified by you to us in writing, that we elect not to consider this Letter of Credit renewed for any such additional period. The initial amount of funds available under this Letter of Credit and stated about may be reduced by the City of Boynton Beach Utilities Director, as authorized agent of the City of Boynton Beach, in accordance with the requirements of the Subdivision and required improvement regulations. We hereby agree that such reduction shall not be effective until we have furnished a written amendments to this Letter of Credit. Such amendment shall reference this Letter of Credit as the H.R.S. Permit Number and Subdivision name, as set out herein, and the new amount. Funds under this Letter of Credit are available to the City hereunder, not to exceeding in aggregate the amount of this Credit (as said amount may be amended from time to time pursuant to the above '"FID2"DATA...2\DEPTS'~AT'FY~SHELB¥~.CLOSING', 325 GATEWAY LE.TTER\LetteroR'.'redit. doc paragraph against the City's demand, by its authorized Agent named above for payment on us mentioned our Credit No. 28686/100. All drafts drawn under this Credit must be marked "Drawn under Fidelity Federal Bank & Trust, Attention Janet Lapp, Vice President at 205 Datura Street, West Palm Beach, Florida of Credit No. 28686/100." The original Letter of Credit and all amendments thereto must be submitted to us together with any drawings hereunder for our endorsement of any payments effected by us and/or for cancellation. We engage with you that each draft drawn under and in compliance with the terms of this Credit will be duly honored if presented at the office on or before June 26, 2004 or any automatically extended date. This Letter is subject to and government by the Laws of the State of Florida and the 1993 revision of the Uniform Customs and practice for documentary credits of the international Chamber of Commerce (Publication No. 500) and in the event of any conflict, the laws of the State of Florida, will control. Choice of Venue. If there is a lawsuit, the beneficiary herein and Fidelity Federal Bank & Trust agrees to submit to the jurisdiction of the courts of Palm Beach County, Florida. Kindly address all correspondence regarding this Letter of Credit to the attention of Letter of Credit Department mentioning specifically out Credit Number. Title V.-CONSENT AGENDA - CITY OF BOYNTON BEA ITEM C.8 AGENDA ITEM REQUEST .... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting, Dates in to Cit~' Clerk's Office Meetin~ Dates ~n to Citx Clerk's Office [] April 1.2003 March 17.2003(Noon.) [] June3.2003 May 19.2003(Noon) [] April l5. 2003 March 31. 2003 (Noonl [] JunelT. 2003 June 2. 2003 (Noon) [] May6.2003 April l4. 2003 (Noon) [] Julyl.2003 June l6. 2003 (Noon) [] May20.2003 May 5. 2003 (Noon) [] JulylS. 2003 June 30. 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: . Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Spence as owner for the property located at 1095 James Road, Lantana, Florida (Lots 22 & 23 Hypoluxo Ri~e). ~.~ ,-, :',3 EXPLANATION: co The parcel covered by this agreement is a single-family home located in the San Castle project area. Only I~table:i~. water is available for connection to the property at this time due to recent water main improvements constr, u. Lgcteff ? during that project. (See location map) -~' PROGRAM IMPACT: r',o ~ rn A Water Distribution main has recently been completed on this street, allowing for the service to this parc~. additional construction will be required by the City to serve this property. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES:, '~' ~ ~ Y~~ None.. This((4./t'~x-~tparcel is within,~ the Utilities service area. ·~~~4~. - D~'~artment Head's ~;ignature City Manager's Signature Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File S:\BULLETIN~ORMSLAGENDA El'EM REQUEST FORM.DOC · RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND BRIAN SPENCE; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our water and sewer service area, located at 1095 James Road, Lantana, Florida (Lots 22 & 23 Hypoluxo Ridge) in the San Castle project area; and WHEREAS, the subject parcel currently contains a single-family residence, is located in the San Castle project area, and only potable water is available for connection to the property at this time due to recent water main improvements constructed during that project; WHEREAS, City policy requires annexation of the property to be serviced at the earliest practicable time, as a condition of the granting of water services outside its jurisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Resolution upon adoption hereof· Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Water Service Agreement between the City of Boynton Beach, Florida and Brian Spence, said Agreement being attached hereto as Exhibit "A". S:\CAhq~ESOkAgreements\Water ServiceX..qpence Water Service Agreement.doc Section 2. This Resolution shall become effective immediately upon passage. .:- PASSED AND ADOPTED this ~ day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S :\CAXR.ESO~Agreements\Water ServiceXSpence Water Service Agreement.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ~-~ day of /~A,¥ ,2003, by and between ~~~ hereinafter called the 'Customer",- C~Fand the CITY 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, Flodda 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:. (Exhibit A) 2. The Customer and the City hereby agree that there are I Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's 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 wdtten 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 othenvise 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 to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable spedal 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 this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all 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, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies 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, tire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. 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 Agreernent. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ ? day of "-/~~-- ,200_~ WITNESS: INI~IVII~UAL(S) AS OWNER(S): (As to ,(l[wner) v~.~ ._~... (Print name) (As t& owner) (As to owner) (Print name) (As to owner) FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ~(t.~,e ~ .C,~.~.~ to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this ~."1 day of /Y3A./' ,200_3 Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: City Attorney JAC/Ims 900182 12/12/95. rev WATERSRV. 1 THIS INSTRUMENT PREPARED BY: James A. Chemf, E~lulm Joslas & Goma, P.A. 309g E~st Commeec~l BNd. Su~ 200 Ft { '{Jd~. ~ ~ IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF I/We, .~_ ..,.~ ~ ~,',,. ~ .~:~i~,.J..~ ., 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 for annexation of the real property descdi~ed 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 attomey, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the day of , 20 and the powers and authority shall be irrevocable by Grantee. ~ IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ '~ day of '~£~ , in the year two thousand and ~~.. Sealed and delivered in the presence of Witness ~ Print name Witness Witness Print name Witness STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this ~_'3 day of fY3~ , 20o~, by ~,e~ .Cf, ~v~ ~. ~and , who am known to me or who have produced , as identific~n and who ~d/did pot take an oath. NOTARY PUBLIC Type or Print Nam~ Commission No. My Commission Expires: POA. IND 1 in. = 224,7 feet " 0010 5070 5180 5170 0010 Location Map- 1095 James Road ~OUNO~Y SUrVeY  ' HY~Ob~XO ~ I ~ ' ~ ~ 4~ UNIVE~$AD SU~VEYIN6 SYSTE~, INC. )OZ ~ A~ TE~A6~ DRAINAGE NOTES ~bOOD ZONE C GOIvMUNITY-PANEB NO i ZQ I qZ 0 ] q5 D MAP REVISED OCT0C~'ERIS, I qSZ N~TT . NAIb AND TIN TAD M E . MAINTENANCE P~b PDO~IOA PO~R ~ biGHT p ~ p ?~MAN~NT OONTROD POINT PND - POUND GONG CONC~ET~ F F - FINI$~ FbO0~ A O~BTA ". · ~e S~e of ~Xott~ ~ rig~ ot ~overei~y V.-CONSENT AGENDA ITEM C.9 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Meetin~ Dates in to CiW Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business ,--- RECOMMENDATION: ~ Motion to approve reduction of the surety requirement covering the water and wastewater systems for the ~iec~?2 known as Artesa/Jonathan's Creek by the amount of $345,636.00, resulting in a revised surety amount of EXPLANATION: '21: ~.~ ~_. The developer of this project had previously posted a letter of credit in the amount of $363,836.00 to guarant~ satisfactory completion of the on-site water and wastewater systems. Those systems have now been complete~nd:~.~ documentation has been provided. The surety may therefore be reduced to 5% of the original amount, to be retained by the City for the balance of the one-year warranty period. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. Department Head's Sifl~, ature City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. " File " S:~BULLETIN~FORMSL~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A REDUCTION IN THE LETTER OF CREDIT FOR ARTESA/JONATHAN'S CREEK FROM $363,836.00 TO $18,200.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this parcel, previously submitted a Letter of Credit i tin the amount of $363,836.00 as surety to guarantee satisfactory completion of the on-site ~vater and wastewater systems serving this site; and WHEREAS, the systems have not been completed, and all documentation has been provided and the surety may therefore be reduced to 5% of the original amount, to be retained by the City for the balance of the one-year warranty period; NOW, THEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based ',~pon the recommendation of staff, hereby approves a reduction of surety for the project ~nown as ArtsaJJohnathan's Creek from $363,836.00 to $18,200.00. Section 2. That this Resolution shall become effective immediately upon ~assage. ~:\CA\RESOXLetters of CreditXJonathan's Creek Reduction of Surety.doc PASSED AND ADOPTED this__ day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) :\CAXRESOXLetters of CreditXJonathan's Creek Reduction of Surety.doc OHIO SAVINGS BANK December 4, 2001 Clean Irrevocable Letter of Credit No. 2001-041A (Amended and Restated) The City of Boynton Beach, Florida Utilities Department 124 E. VVoolbright Road Boynton Beach, FL 33435 Re: Clean Irrevocable Letter of Credit No. 2001-041A Applicant: Weitzer Artesa Homes, LLC Breakdown of Projects for SDA Project No. 98-0453B (Artesa) : 1. Jonathan's Creek-Lift Station: $117,700.00 2. Jonathan's Creek Water Distribution System & Sanitary Sewer Collection/Transmission System $246, f36.00 Total Amount of Letter of Credit: $363,836.00 To Whom It May Concern: We hereby establish our Clean Irrevocable Letter of Credit No. 2001-041A in favor of the City of Boynton Beach ("Beneficiary") in the amount of Three Hundred Thirty Thousand Seven Hundred Sixty and no/100 U.S. Dollars ($363,836.00) effective as of this date. The amount of funds available under this Letter of Credit stated above may be reduced by an authorized official or agent of the Beneficiary. We hereby agree that such reduction shall not be effective until we have furnished a written amendment to this Letter of Credit. Such amendment shall reference this Letter of Credit as set out herein and the new amount. Funds under this Letter of Credit are available to the Beneficiary hereunder not exceeding in aggregate the amount of this Letter of Credit (as said amount may be amended from time to time pursuant to the above paragraph) against the Beneficiary's demand, by its authorized agent or official, for payment on us mentioning our Letter of Credit No. 2001-041A. It is a condition of this Letter of Credit that it will be automatically extended for periods of one (1) year from the expiry date hereof, unless ninety (90) days prior to the expiration date we shall notify you in writing by registered or certified mail, at the above indicated address, that we elect not to consider this Letter of Credit renewed for any such additional period. OHIO SAVINGS PLAZA · 1 801 EAST NINTH STREET · SUITE 200 · CLEVELANr) · (~I--IIC~ · 4.411 4. · (')1 6~ (--,')')-4.1 nn Amended and Restated Clean Irrevocable Letter of Credit No. 2001-041A Weitzer Artesa Homes LLC December 4, 2001 Page Two When we receive your written demand for payment at our Commercial Banking Department, 200 Ohio Savings Plaza, 1801 East Ninth Street, Cleveland, Ohio 44114, OR at the main office of AmTrust Bank, (a division of Ohio Savings Bank) Attn: David B. Smith, Vice President, 5550 Glades Road, Suite 100, Boca Raton, Florida 33431, accompanied by this Letter of Credit, on or prior to the Expiration Date, we will promptly honor the same. (Acceptance of process) Venue for any and all legal actions necessary to enforce the terms of this Letter of Credit shall be Palm Beach County, Flodda. Kindly address all correspondence regarding this Letter of Credit to the attention of Frank J. Bolognia, Executive Vice President - Commercial Banking Department, Ohio Savings Bank, 200 Ohio Savings Plaza, 1801 East Ninth Street, Cleveland, Ohio 44114, referencing Letter of Credit No. 2001-041A. Except as is inconsistent with the express provisions hereof, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revisions) International Chamber of Commerce Publication No. 500. Very truly yours, OHIO SAVINGS BANK A federal savings bank By: ~'~~ · J. A. I_~in~/ Vice President And: Steven S. Swartz., Vice President V.-CONSENT AGENDA ITEM C.10 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office Meeting Dates in tO City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 1% 2003 (Noon} [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2. 2003 (Noon) ~~ May6,2003 April 14,2003(Noon) [] July 1,2003 June 16.2003(Noon) · [] May20,2003 May 5, 2003 (Noon) [] JulylS, 2003 June 30, 2003 (Noon) ~--,~ [] Administrative [] Legal "~ c:; -~ NATURE OF [] Announcement [] New Business · . AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve reduction of the surety requirement covering the water and wastewater systems for the Medical Arts Professional Center project by the amount of $96,497.10, resulting in a revised surety amount of $5,100. EXPLANATION: The developer of this project had previously posted a letter of credit in the amount of $101,597.10 to guarantee satisfactory completion of the on-site water and wastewater systems. Those systems have now been completed, and all documentation has been provided. The surety may therefore be reduced to 5% of the original amount, to be retained by the City for the balance of the one-year warranty period. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. Department Hea~'s Signature City Manager's Signature UTILITIES ~"~ ~ ~ ~-~ Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. " File " S:~BULLETIN~FORMS'~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A REDUCTION IN THE SURETY FOR THE MEDICAL ARTS PROFESSIONAL CENTER PROJECT FROM $101,597.10 TO $5,100.00; AND PROVIDING AN EFFECTWE DATE. WHEREAS, the developer of this parcel, previously submitted a Letter of Credit in the amount of $101,597.10 as surety to guarantee satisfactory completion of the on-site water and wastewater systems serving this site; and WHEREAS, the systems have now been completed, and all documentation has been provided and the surety may therefore be reduced to 5% of the original amount, to be retained by the City for the balance of the one-year warranty period; NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACH, FLORIDA, TIlAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, hereby approves a reduction of surety for the project known as Medical Arts Professional Center project from $101,597.10 to $5,100.00. Section 2. That this Resolution shall become effective immediately upon >assage. ;:\CA\R_ESO\Letters of Credit~ledical Arts Professional Center Reduction of Surety.doc PA~;SED AND ADOPTED this ~ day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) ]:~,CA~RESOXLetters of CreditqMedical Arts Professional Center Reduction of Surety.doc FIDELITY FEDERAL (LDR, Chap. 7, Art. I, Sec. 3.A.) , AMENDED CLEAN IRREVOCABLE LETTER OF CREDIT TO: City Commission of Boynton Beach c/o City Engineer, Agent for the City 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 RE: Our Letter of Credit No. 637961 Building Permit No. 0200003248; or A parcel land in Section 32, Township 45 South, Range 43 East, City of Boynton Beach, Fl., described as follows: The E. 460' of the W 510' of the N. 380' of the S. 420' of the NW ¼ of 32-45-43, less and except lands described in O.R. Book 5402, Page 670, public records of Palm Beach County, Florida. Date: January 16. 2002 Amount: USD $101,597.10 Expiration Date: January 16, 2004 We hereby open our Amended Clean Irrevocable Letter of Credit No. 637961 in favor of the City of Boynton Beach, Florida ("City") for the initial amount of one hundred one thousand five hundred ninety seven and 10/100U. S. Dollars ($101,597.10) effective as o f this date, which shall remain effective until released by a Resolution adopted by the City Commission at a regular city Commission scheduled meeting. This Letter of Credit is issued pursuant to insure installation of potable water and sanitary sewer utilities that will be owned by the City of Boynton Beach, serving the Medical Arts Professional Center. The initial amount of funds available under this Letter of Credit and stated about may be reduced fi:om time to time by the Director of Utilities or the Assistant City Manager City Engineer, as the agent for the City of Boynton Beach, in accordance with the requirements of the Subdivision, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations. We hereby agree that such reduction shall not be effective until we have furnished a written amendments to this Letter of Credit. Such amendment shall reference this Letter of Credit as well as the Project Name, as set out herein, and the new amount requested. Funds under this Letter of Credit are available to the City hereunder, not to exceed the current available amount subsequent to any authorized reductions of this Credit against the City's demand, by its authorized agent named above, for payment to us mentioning our Letter of Credit No. 637961.. j Xj~EPT$~ATrY~.~HF. iUBY~CLOSiNG~tEDICAL ARTS LE'I'fER\Letterot~re~itAn~nd~l. doc When the City's demand for payment is received at 205 Datura Street, West Palm Beach, Florida 33401, on or prior to the Expiration Date, it will be promptly honored. Venue for any and all legal actions necessary to enforce the terms of this Letter of Credit shall be in Palm Beach County, Florida. Kindly address all correspondence regarding this Letter of Credit to the attention of Letter of Credit Department mentioning specifically out Credit Number. Name (typed) JOHN M. AHR.ENHOLZ Title FIRST VICE PRESDIENT Except as is inconsistent with the express provisions hereof, this Letter of Credit is subject to the Uniform Customs and Practices for Documentary Credits (1993 Revisions), International Chamber of Commerce Publication No. 500. V.-CONSENT AGENDA ITEbt C.11 CITY OF BOYNTON BEAC~ AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in M~-ting Dates in to City Clerk's Office Meeting Dat~ to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] Ap61 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) · [] May 20, 2003 May 5, 2003 (Noon) [] July 1~, 2003 June 30, 2003 (Noon) ._ [] Administrative [] Legal ~-.- NATURE OF [] Announcement [] New Business co AGENDA ITEM [] City Manager's Report [] Presentation "~ [] Consent Agenda [] Public Hearing .~. "~"' [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve an Extension and Amendment to Agreement between the City of Boynton Beach and Paul W. Smith Enteq~riaes, Inc., d/b/a Boynton Transit Advertising. EXPLANATION: On August 5, 1997, the City entered into an agreement with Paul W. Smith of Boynton Transit Advertising for the installation of bus shelters and bus benches. To date, that agreement has worked very smoothly. Mr. Smith has asked for an extension of the agreement by an additional 8 years. If approved, it will extend the agreement until August 7, 2015. In addition to the base agreement, the existing two-five year renewal opportunities would still be available to Mr. Smith as is currently outlined in the existing agreement. PROGRAM IMPACT: With the extension, Mr. Smith has asked that we also increase the number of bus benches that he may place from 50 to 55. The number of bus shelters will remain the same at 25. In addition, Mr. Smith has asked that he be able to deviate from the original bus shelter design that was a condition of the agreement. New language has been added to the amended agreement to allow for 'alternative designs" to be submitted and approved by the City Manager. The only other modification to the agreement is a clause dealing with the provision of Workers' Compensation exemption certificates. S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC · -CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: There is no additional fiscal impact that would be based on this decision. All payments and fees due to the City of Boynton Beach from Boynton Transit Advertising would remain the same as they are under the existing agreement. ALTERNATIVES: Not to authorize the Extension and Amendment to the Agreement with Boynton Transit Advertising. Department Head's Sig~ture City Manager's Signature ECONOMIC DEVELOPMENT Department Name City Attorney / Finance / Human Resources S:kBLFLLETINWORMS~G~DA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN EXTENSION AND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PAUL W. SMITH ENTERPRISES, INC., D/B/A BOYNTON TRANSIT ADVERTISING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 5, 1997, by Resolution No. R97-129, the City Commission .ved an agreement with Paul W. Smith Enterprises, Inc., d/b/a Boynton Transit g, providing for bus shelters and benches throughout the City; and WHEREAS, the City of Boynton Beach and Paul W. Smith Enterprises, Inc., d/b/a Transit Advertising have mutually agreed that the term of the Agreement be for an additional 8 years, to August 7, 2015, with an increase in the number of bus fi.om 50 to 55, and the number of bus shelters to remain at 25; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does approve, and authorizes the City Manager to execute the Extension and Amendment Agreement with Paul W. Smith Enterprises, Inc., d/b/a Boynton Transit Advertising, a :opy of which Agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ;:\CA\RESO~greements\Boynton Transit Ext 070703.doc EXTENSION AND AMENDMENT TO AGREEMENT THIS IS AN EXTENSION AND AMENDMENT TO AGREEMENT, dated the __ day of ,2003, between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "CITY," and PAUL W. SMITH ENTERPRISES, INC., d/b/a BOYNTON TRANSIT ADVERTISING COMPANY, a Florida corporation, its successors and assigns, hereinafter referred to as "COMPANY." WHEREAS, on August 5, 1997, by Resolution No. R97-129, the City Commission of the City of Boynton Beach authorized the proper City officials to execute an Agreement with COMPANY providing for bus shelters and benches throughout the City, said Agreement dated August 8, 1997 ("Agreement"); and WHEREAS, COMPANY has presented to the CITY a proposal dated April 10, 2003, to extend and amend the Agreement; and WHEREAS, CITY and COMPANY mutually agree that the term of the Agreement should be extended for an additional eight-year period until August 7, 2015, and that the Agreement should be amended to provide for additional shelters and benches and for alternative shelter designs; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: Section 1. The foregoing recitals are tree and correct and are hereby incorporated into this Agreement. Section 2. Section 1.5, "Ownership and Location," subsection A, of the Agreement is hereby amended as follows: A. CITY grants COMPANY the right to construct, erect, and maintain bus shelters and benches within the City of Boynton Beach at S: \CA\AGMTS\Boynton Transit Amd - Clean.doc - 1 specifically designated locations within the City of Boynton Beach along the transit systems' bus routes and places of public convenience. COMPANY may erect up to twenty-five (25) bus shelters and fifty-five (55) benches upon the road rights-of-way or on private property, provided the COMPANY obtains any required easements, lease or license agreements with the property owner of the site. CITY, to the extent of its ownership of the site, shall reasonably execute such easements, leases, or license agreements to effectuate COMPANY's use of the site. All conveyance documents shall be in a form approved by the City Attorney of CITY. Section 3. Section 1.5, "Ownership and Location," subsection D, of the Agreement is hereby amended as follows: D. The design criteria for bus shelters and benches shall be subject to approval by CITY. The design criteria for shelters and benches are attached hereto and incorporated herein as Exhibit "B" and Composite Exhibit "C," respectively. Alternate designs for bus shelters may be submitted to CITY by COMPANY, and are subject to the approval of the City Manager. Section 4. Section 4, "Insurance Requirements," subsection A, of the Agreement is hereby amended as follows: A. Workers' Compensation. The COMPANY consists of the owner (1) with no employees and the City hereby waives the requirement for Workers Compensation, provided that COMPANY furnishes CITY with an exemption certificate issued by the State Division of Workers' Compensation. In the event the COMPANY hires any employees, then the COMPANY shall immediately provide Workers Compensation Insurance, with statutory limits, including coverage for Employers' Liability Insurance with limits not less than One Hundred Thousand ($100,000) Dollars each accident, One Hundred Thousand ($100,000) Dollars each disease, and Five Hundred Thousand ($500,000) Dollars aggregate. In the case of any subcontracted work, COMPANY shall require the subcontractor to provide statutory Workers' Compensation and Employers' liability Insurance with the same limits imposed by this subsection. Section 5. Section 4, "Insurance Requirements," subsection D, of the Agreement is hereby amended as follows: S: \CA\AGMTS\Boynton Transit Amd - Clean.doc - 2 - 4. All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation, non-renewal, or reduction in coverage limits to: Risk Manager City of Boynton Beach 100 East Boynton beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 6. COMPANY shall be solely and fully responsible for conditions at the job site in which a shelter or bench is being constructed or installed, including the safety of all persons (including employees) and property during the performance of work. This requirement shall apply continuously and not be limited to normal working hours, Safety provisions shall conform to U.S. Department of Labor (OSHA) and all other applicable Federal, State, County, and local laws, ordinances, codes and regulations. Where any of these are in conflict, the more stringent requirements shall be followed. The company's failure to thoroughly familiarize itself with the aforementioned safety provisions shall not relive him from compliance with the obligations and penalties set forth therein. Section 6. Section 8, "Contract Term" of the Agreement is hereby amended as follows: The term of the Agreement shall expire on August 7, 2015, unless otherwise terminated as provided in this Agreement..The Agreement shall thereafter be automatically extended for two terms of five (5) years, unless either party notifies the other of its intention not to renew the Agreement within one hundred eighty (180) days of the termination date. Section 7. All the terms and conditions of the Agreement shall carry forward for this Extension Term, unless otherwise specifically provided in the Agreement. Section 8. In all other respects the original Agreement between the parties dated August 8, 1997, and all amendments thereto are hereby ratified, reaffirmed and shall remain in full force and effect as provided by their terms. S:~CA\AGMTS\BOynton Transit Amd - Clean.doc - 3 - IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. WITNESSES: CITY OF BOYNTON BEACH By Mawr By City Manager (CORPORATE SEAL) ATTEST: City Clerk Approved as to form: City Attomey WITNESSES: PAUL W. SMITH ENTERPRISES, INC. By. Paul W. Smith, President [Witness-print or type name] (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF BROWARD: BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared before me this ,2003, Paul W. Smith as S: \CA\AGMTS\Boynton Transi~ Amd - Clean.doc - 4 - President of PAUL'W. SMITH ENTERPRISES, INC., a Florida corporation, and acknowledged he executed the foregoing Extension and Amendment as the proper official of PAUL W. SMITH ENTERPRISES, INC., for the use and purposes mentioned in it and he affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. (SEAL) Notary Public, State of Florida (Signature of Notary taking Acknowledgment) Name of Notary Typed, Printed or Stamped My Commission Expires: Commission Number MJP:mjp S:\CA\AGMTS~Boynton Transit Amd - Clean.doc - 5 - CITY OF BOYNTON BEACH City Attorney's Office Memorandum TO: Kurt Bressner, City Manager Dale Sugerman, Assistant City Manager CC: Rosemarie Lamanna, Paralegal Paul Smith, President, Paul W. Smith Enterprises, Inc. (via facsimile) FROM: Michael J. Pawelczyk, Assistant City Attomey~'X6~')- DATE: May 20, 2003 RE: City of Boynton Beach ("City") / Boynton Transit Advertising Company Bus Benches Shelters - Extension and Amendment to Agreement Pursuant to the attached facsimile received from Paul Smith, we revised the Extension and Amendment document to provide clarification with respect to the contract term. Attached is a copy of that revised document (rev. 05-19-03). As no additional comments have been received other than those from Paul Smith, you may place this item on an upcoming agenda for consideration by the City Commission at your convenience. Should you have any questions or wish to discuss this matter further, please no not hesitate to contact me. MJP:kvb Attachments (2) H:\ 1990\900182.BBXM EMO 2003~Bressner, Sugerman (Boynton Transit Adver).doc Sugerman, Dale . From: PSmithFL@aol.com Sent: Thursday, May 22, 2003 2:20 To: Sugerman, Dale Subject: Boynton Transit Addendum Dale, The revised addendum appears fine. Please let me know what commission meeting date this will scheduled for consideration. Thanks. Paul 05/22/20O3 O '~ V.-CONSENT AGENDA = CITY OF BOYNTON BEAC ITEM C.12 ':'AGENDA ITEM REQUEST FG.~,. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates m to City Clerk's Office [] April1,2003 March 17,2003(Noon.) [] June3,2003 Maylg, 2oO3(Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July t, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July t5, 2003 June 30, 2003 (Noon) [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Ratification of the Collective Bargaining Agreemem between the City of Boynton Beach and the Police Benevolent Association of Palm Beach County (PBA) - Lieutenant's for the one year period commencing October 1, 2003 and ending September 30, 2004. EXPLANATION: The City negotiating team and Police Lieutenants (PBA) have successfully reached a tentative agreement for a one year collective bargaining agreement, which agreement has been reduced to writing, ratified by the Union, and is presented to you for consideration. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature Clfy Manager's Signature ~ Cit~tof~y ce / Human Resources S:~,BULLETINWORMS~,AGENDA ITEM REQUEST FORM.DOC RESOLUTION R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE POLICE BENEVOLENT ASSOCIATION - LIEUTENANT'S UNIT FOR THE PERIOD FROM OCTOBER 1, 2003 THROUGH SEPTEMBER 3 0, 2 004, AND AUTHORIZING EXECUTION OF THE AGREEMENT; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the Police Benevolent Association - (PBA) Lieutenant's Unit have successfully concluded negotiations for a one year contract; and WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the b est interests o f t he residents a nd citizens o f t he City t o ratify t he Agreement a nd execute the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the Police Benevolent Association (PBA) - Lieutenant's Unit for the period from October 1, 2003 through September 30, 2004, and authorizing execution of the Agreement, a copy of which is attached hereto. Section 2. This Resolution will become effective immediately upon passage. S:,CA,RESO',Agre~rr~nts~BPD~PBA-Lts A~' 2003-O4.doc PA$.SED AND ADOPTED this __ day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) ;:xCAxRESOXAg~en'~nts',BBPD'xPBA-Lm A~ 2003-04..doc AGREEMENT BETWEEN CITY OF BOY'NTON BEACH, FLORIDA AND POLICE LIEUTENANTS POLICE BENEVOLENT ASSOCIATION October 1, 2003 - September 30, 2004 S:\CA\Collective Bargaining\PBA -Lts 2003\c~a\Clean version 062703.doc TABLE OF CONTENTS Article Page Preamble ..................................... 1 l Recognition .................................. 2 2 No Strike or Lock-Out ........................ 3 3 Non Discrimination ........................... 5 4 Dues Deduction ............................... 6 5 Union Time Pool .............................. 7 6 PBA Representation ........................... 8 7 Bulletin Boards .............................. 9 8 Information Requests/Reproduction.. 10 9 Rights of Lieutenants Under Investigation .... 11 10 Legal Benefit ............................... 12 11 Management Rights ............................ 13 12 Discipline and Discharge ..................... 15 13 Subcontracting ............................... 16 14 Rate of Pay .................................. 17 15 On Duty Injuries ............................. 18 l 6 Call Back Pay ................................ 19 17 Bereavement Leave ............................ 20 18 Sick Leave ................................... 21 19 Vacation ..................................... 24 20 Holidays ..................................... 27 21 Funeral Expenses ............................. 29 22 Medical Expenses ............................. 30 23 Uniforms ..................................... 31 24 Training ................. ~ ................... 33 25 Personnel Records ............................ 34 26 Solicitations ................................ 36 27 Safety and Health ............................ 37 28 Use of City Facilities ....................... 38 29 Hours of Work and Overtime ................... 39 30 Shill Selection .............................. 40 31 Seniority .................................... 41 32 Transfers and Shill Changes .................. 42 33 Groul5 Insurance .............................. 43 34 Tuition Reimbursement ........................ 44 35 Departmental Policies, Rules & Regulations... 46 36 Off Duty Police Employment ................... 47 37 Grievance and Arbitration Procedures ......... 48 38 Past Practices ............................... 53 $: \CA\Collective Bargaining\PBA - L,t:a 2003\¢ba\Clean version 062703 .doc 39 personal Vehicles ............................ 54 40 Pr6haotions ................................... 55 41 Savings Clause ............................... 56 42 Temporary Assignment ......................... 57 43 Chemical Testing ............................. 58 44 Entire Agreement ............................... 59 45 Duration of Agreement ........................ 60 Signature .................................... 61 S:\CA\Collective Bargaining\PBA - ~ts 2003\cba\Clean version 062703.doc PREAMBLE Section I. This agreement is entered into by and between the City. of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City", and the Police Benevolent Association , hereinafter referred to as the "PBA" or the "Umon". It is the intent and purpose of this Agreement to create a sound and mutually beneficial working and economic relationship between the parties hereto; to provide an orderly, prompt, and peaceful means of resolving disputes involving interpretation or application of this Agreement; and to set forth basic and full agreement bet~'een the parties concerning wages, hours, terms and conditions of employment. ' i S:\CA\Collec~ive gargaining\PBA - Lgs 2003\cba\Clean version 062703.doc ARTICLE 1 RECOGNITION Section 1. The Cit~ of Boynton Beach hereby recognizes the PBA as the exclusive collective bargaining agent with respect to wages, hours and other terms and conditions of employment for all employees in the bargaining unit. Section 2. The bargaining unit for which this recognition is accorded is as defined in the certification granted by the Public Employees Relations Commission and comprises all full-time police lieutenants, except those lieutenants assigned as the public informal.ion officer with the City of Boynton Beach. Excluded are all other employees of the City. S:\CA\Collective Bargaining\PBA - L~s 2003\cba\Clean version 062703.doc ARTICLE 2 NO STKIKE OR LOCK-OUT Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of Lieutenants from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of Lieutenants from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or atter the expiration of a collective bargaining agreement. Section 2. Neither the Union, nor any of its officers, agent and members, nor any employee organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. Section 3. Each Lieutenant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition in Florida Statutes 4.47.505 and the Constitution of the State of Florida, Article l, Section 6. Accordingly, the Union, its officers, stewards and others responsible' to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining:at work during any interruption which may be initiated by others; and their responsibility in the event of breach of this Article or the law by other employees violating this Article or the law to return to work, and to disavow the strike publicly. S: \CA\Collective Bargaining\PBA -Lts 2003\cb&\Clean version 062703 .doc Section 4. Any or all Lieutenants who violate any provisions of the law prohibiting strikes of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall not be grievable or arbitrable under the provisions of Article 37 Grievance and Arbitration Procedures. S:\CA\Collec=ive Bargaining\PBA - L~s 2003\cba\Clean version 062703.doc ARTICLE 3 NON-DISCRIMINATION Section 1. 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 or membership or non-membership in the Union. Section 2. Any claim of discrimination by an employee under this Article may be brought with the appropriate governmental agency, but may not be grieved under this Agreement. Section 3. The Union shall not discriminate against any bargaining trait member who fails to join the Union. Section 4. The City and the Union oppose discriminatory behavior of any nature. The City and the Union shall work jointly to eliminate discriminatory conduct in the work place. To that end, the City and the Union agree that bargaining unit members have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. S:\CA\Collec=ive Bargaining\PBA - ~=s 2003\cba\Cle&n version 062703.doc ARTICLE 4 DUES DEDUCTION Section 1. Any employee covered by this Agreement may authorize a payroll deduction for the purposes of paying Union dues. Such authorization shall become effective upon acceptance by the City of a fully executed dues deduction form from the employee. Employees who are currently members of the bargaining unit need not execute a new dues authorization card. Section 2. The Union will notify the City as to the amount of dues. Such notification to the City shall be from an official of the Union. Changes in Union membership due~ will be certified to the City at least thirty (30) days prior to the effective date of the change. Section 3. Dues will be deducted each pay period and such monies shall be remitted to the Union treasurer or designee once per month, not later than fourteen days after the end of the month. Section 4. The effective date of deducting dues shall be the beginning of the pay period following the day the dues deduction form is signed. The effective date for stopping dues deduction shall be at the beginning of the pay period thirty (30) days following the date the revocation form is received by the City. Section 5, The Union will indemnify and hold harmless the City against any claims brought against the City based on payroll deductions of dues as provided in this Article. 1 S:\CA\Collec=ive Bargaining\PBA - LgS 2003\cba\Clean version 062703.doc ARTICLE 5 UNION TIME POOL Section l. The City shall create a time pool of ninety-six (96) hours for utilization by designated union representatives for the conduct of union business within and outside of the City. The use of the time pool shall be limited to activity by the union representatives for the following: A. to assist a bargaining unit member who is required to appear at a hearing related to a grievance; B. to assist a bargaining trait member who is presenting or responding to a grievance; C. to assist a bargaining unit member who is subject to interrogation in conjunction w~th an intemal affairs investigation; and D. to assist a bargaining unit member at a pre-determination hearing. E. Unit members must use time pool if 1S minutes or more is required. Section 2. In addition, members of the bargaining unit may donate vacation time in two (2) hour increments, (on a form designated by the City) not to exceed eight (8) hoars each per year to the Union Time Pool. Section 3. Union representatives shall be released ~'om duty upon reasonable notice to the Department and upon the approval of the division commander. If the ne~ds of the Department do not permit the release ora pax~icular employee as requeste& the release of an alternative member daring the desired time shall b_eprovided. S:\CA\Collec=ive Bargaining\PBA - L=s 2003\cba\Clean version 062703.doc ARTICLE 6 PBA REPRESENTATION Section 1. Neither party in negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. The parties shall, at their first bargaining session, exchange a list of bargaining team members. Section 2. The City shall recognize up to two (2) PBA representatives for the purposes of bargaining and any bargaining team members shall be permitted to attend bargaining sessions which may occur during their regular tours of duty without any loss of pay. The City shall not be required to provide overtime to any employee attending negotiations. Section 3. The parties agree that the PBA may establish a system of stewards providing for a chief steward and an individual steward on each shif~ and division represented by the bargaining umt. Stewards on duty shall be permitted reasonable release time with pay upon approval of the division commander for the purpose of processing any individual grievance or assisting employees at investigatory or disciplinary interviews. Section 4. When acting in their capacity as PBA representatives within the Department and not on behalf of themselves, employees shall not be obligated to observe the departmental chain of command. A representative may not refer an issue outside of the department without first presenting it to a senior staffofficer. This shall not relieve employees from observing the departmental chain of command except for.r~ceiving approval of release time with regard to their duty-related activities, notwithstanding their position as an PBA representative. S:\CA\Collec~ive Bargaining\PBA - L=s 2003\cba\Cle~n version 062703.doc ARTICLE 7 BULLETIN BOARDS Section 1. The Union shall be provided with the use of a Lieutenant's Union bulletin board space at one (1) location in the police building. Section 2. The Union agrees that it shall use the space on the bulletin boards only for the purposes of posting notices of Union meetings; notices and results of Union elections; reports of Union committees; rulings or policies ofthe Union; recreational and social affairs of the Union, and notices by public bodies. S:\CA\Collective Bargaining\PBA -Lts 2003\the\Clean version 062703.doc ARTICLE 8 INFO~ATION REQUESTS/REPRODUCTION Section 1. The City agrees to furnish to the Union president or designee, upon request at City cost, documents such a s agendas, minutes, financial reports, etc., o f t he retirement fund, City Commission, and any other body of the City whose activities may impact on terms and conditions of employment of bargaining unit members. Access to any other records shall be governed by Florida Statutes, Chapter 119. $:\CA\Collec~lve Bargaining\PBA -Lts 2003\cba\Clean version 062~03.doc ARTICLE 9 RIGHTS OF LIEUTENANTS UNDER INVESTIGATION Section 1. The City of Boynton Beach agrees that all rights due Law Enforcement Officers under investigation detailed and granted by the Florida Statutes, Section I 12.532, I 12.533, 112.534 will be observed and practiced. _ 2 S:\CA\Collective Sargaining\PBA -Lts 2003\¢ba\Clean version 062703.do¢ ARTICLE 10 LEGAL BENEFIT Section 1. The City agrees to abide by the provisions of Florida Statutes Sections l 11.065. l 11.07 and 768.28, in providing a legal defense or reimbursement for legal services to employees charged in criminal or civil actions a rising o ut o f t he c ourse a nd s cope o f t heir e mplo.vment; provided, however, that the City shall not be required to pay a judgment when it has been established that the employee was engaged in conduct outside the scope of his/her employment. S:\CA\Collec=ive Bargaining\~BA - L=s 2003\cba\Clean version 062703.doc ARTICLE 11 MANAGEMENT RIGHTS Section l. The Union recognizes that the City has the exclusive right to manage and direct the Police Department. Specifically, but not by way of limitation, the City retains the exclusive fight to: A. Hire, promote, and lay offemployees in accordance with the City of Boynton Beach Personnel Policy Manual. B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another. D. Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. F. Schedule and change the work to be performed by employees. G. Formulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement. H. Introduce new services, procedures, materials, facilities and equipment. I. Mandate physical, medical, and drug and alcohol testing in accordance with law. The City agrees to use State Certified Laboratories for all drug testing. Drug and alcohol testing may be conducted on either a reasonable suspicion basis or at random. Standards for testing and retesting shall be as set forth in Florida Administrative Code and the Drug Free Workplace Policy adopted by'the City of Boynton Beach. Random selection shall be by computer generated selection, by an outside entity. J. Determine and change the equipment and materials provided to or not provided to emplo_yees. K. Add to or change the qualifications necessary for any job classification. L. Create, alter or disband any u.nits based upon the needs of the Department as S:\CA\Colleccive Bargaining\~BA - I.~s 2003\¢ba\Clean version 062703.doc d~ermined by the Police Chief. If the City fails to exercise any one or more of the above functions fi:om time to time it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. In the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented prior to resolution of the impact bargaining. S:\CA\Collec=ive Bargaining\PBA - Lis 2003\cba\Clean version 062703.doc ARTICLE 12 DISCIPLINE AND DISCHARGE Section 1. Employees may be disciplined only for just cause. No employee shall be disciplined without notice of the charges setting forth the basis for such discipline. Section 2. Employees shall have the opportunity to appeal said disciplinary action in the manner set forth in Article 37 of this Agreement. Section 3. The parties recognize that timeliness of disciplinary action is an essential element of due process. Accordingly, no employee shall be subjected to disciplinary action unless a final disciplinary recommendation is made by the Police Chief within fourteen (14) days of the Chief's determination of the conclusion oft he investigation. Section 4. No employee shall be subject to demotion, termination, or a suspension without pay of two days or more without fa'st being afforded the fight to a predetermination conference with the City Manager. S:\CA\Colleccive Bargaining\PBA - L~S 2003\cb&\Clean version 062703.doc " ARTICLE 13 SUq3CONTRACTING There shall be no subcontracting for the life of this Agreement. S:\CA\Collec=ive Bargaining\PBA - L~s 2003\cba\Clean version 062703.d0c ARTICLE 14 RATE OF PAY Section 1 On April 1,2004, each Bargaining Unit member will receive a 5% base wage increase in salary, contingent upon a satisfactory performance evaluation. Section 2. Each Bargaining Unit Member shall receive a one time lump sum pa.vrnent of $1,000, payable on the first pay period of December 2003. Section 3 Only those Bargaining Unit Members who are employed by the City on the date of payments referenced above are eligible for the adjustments set forth in Sections 1, and 2. S:\CA\Collective Bargaining\PBA - Lgs 2003\cba\Cleall version 062703.do¢ ARTICLE l 5 ON-DUTY INJURIES Section 1. When 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, the employee shall be entitled to full regular pay. If the period of disability is greater than seven (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. Section 2.. If the period of disability is greater than 180 days, the City may ask the Police Pension Board to review said employee's disability case for retirement due to disability. Section 3. After 180 days of disability, the employee shall be examined by a physician selected and compensated by the City to determine the likelihood of recovery. If the medical report indicates a likelihood of recovery, 180 days of additional leave may be granted and shall be made up from the affected employee's unused accrual time on the books. If the affected employee has no time on the books, other employees may donate any accrual time to the affected employee. If the medical report indicates the employee is permanently and totally disabled as a police officer, the City shall be authorized to terminate the employee for physical inability to perform. Section 4.. The City shall have no obligation to establish light duty police work for employees disabled in the line Of duty, if such work is not operationally or fiscally justifiable. S:\CA\Collec=ive Bargaining\PBA -Lts 2003\¢ba\Clea~ version 062703.doc ARTICLE 16 CALL-BACK PAY Section 1. The Union and City agree that each Bargaining Unit member is an exempt status employee under FLSA, not eligible for overtime payments. Section 2. Employees will be called back to duty on the basis of seniority in the rank of lieutenant. 1 S:\CA\Collective Bargaining\~BA - L=s 2003\cba\Clean version 062703.doc ARTICLE 17 BEREAVEMENT LEAVE Section 1. In the event of the death of the parent, foster parent, sibling, spouse, child, grandparent, grandchild, mother or father-in-law, sister or brother-in-law, grandparents of spouse or domestic partner whose name must be on file with the Department of Human Resources of the City. and any permanent family member of the household such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive calendar days for any one death. However, if it is necessary for the employee to leave the State of Florida in connection with the funeral of the deceased, five (5) consecutive calendar days compassionate leave shall be allowed. Additional leave may be authorized by t he Chief o r h is/her designee o n a c ase-by-case basis, except t hat such additional leave shall be debited against the employee's accrued sick or annual leave. Section 2.. Employees must verify in writing attendance at out-of-state funeral in order to be eligible for benefits under this Article. The City Manager may grant additional leave under this Section, except that such additional leave shall be debited against the employee's accrued sick or annual leave. S:\CA\Colle¢:ive Bargaining\PBA - LCs 2003\cba\Clean version 062703.doc -21- ARTICLE 18 SICK LEAVE Section 1. Employees shall earn ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month. The use of sick leave shall be in accordance with the Personnel Policy Manual. Bargaining unit members (or their beneficiaries in case of death) hired prior to October 1, 1991 and are regular employees, shall be paid for unused sick leave at the rate of 50% upon resignation, retirement or death. (Retirement shall include normal retirement disability retirement or early retirement as defined in the appropriate pension plan). Bargaining umt members hired after October 1, 1991 and who are regular employees will have payment made for unused sick leave at the rate specified in the table below, upon resigning in good standing, retirement or death: Continuous Years of Service Percent of Accumulated Sick Less than 5 full years 0% More than 5 full years, but less than 10 full years 10% More than l0 full years, but less than 15 full years 15% More than 15 full years, but less than 20 full years 20% Upon retirement from City Service 30% (Retirement shall include normal retirement disability retirement or early retirement as defined in the appropriate Pension Plan.) Bargaining Unit Members who have elected to enter into the D.R.O.P plan shall receive sick:leave benefits as set forth in Ordinance 00-33, which established the D.R.O.P plan. Section 2. Employees who have more than one-hundred-twenty (120) hours of sick leave as S: \CA\Collective Bargaining\~BA - ~.~s 2003\cb&\Clean version 062703 .doc of October 1, of any contract year, may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in the contract year. Those hours over one hundred twenty (120) hours not converted in this contract year may be converted in the next contract year. Section 3. It shall be the policy of the City to permit an employee the opportunity to donate accrued sick leave time to a designated employee, provided the contributing employee has 120 hours accrued sick leave, whenever extraordinary circumstances require the-designated employee to be absent from work for a lengthy period of time, and when the designated employee has exhausted all accrued sick leave. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. When there appears to be a need to share sick leave in accordance with this Article, the Union Steward will prepare a list o fb argaining unit members who are willing to contribute sick leave hours, continuing through the Finance Department that the hours are available. Such list shall be submitted to the Payroll Administrator for proper charge to sick leave records. The time charged will be used in the order listed on appropriate form supplied by the Union Steward. Section 4. Sick leave usage for medical appointment can be scheduled more than 48 hours in advance and cannot be changed by the Department except in the event of a clear need by the Department. Section 5, No member shall be placed on restricted sick leave prior to being counseled by the division commander:i~fforming the member of the reasons and allowing them an oppommity to explain the situation. If after counseling a problem continues, the member will be notified in writing and placed on restricted sick leave. A member will be on Sick leave for a period of six (6) months. S:\CA\Collective Bargaining\PBA - L~S 2003\cba\Clean version 062703.doc At the end of six months, the member will be advised in writing if the Department intends on extending the restricted sick leave. Section 6. At the employee's option, the employee may convert excess sick time as defined in accordance with Section 2 to vacation time not to exceed forty (40) hours, to be transacted in the first month of the calendar year. Section 7. All Bargaining Unit members are eligible to receive one "Bonus Day" for continuous attendance at work at the completion of each calendar quarter that the member 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 the PPM. Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. Section 8. Those members scheduled to work an 11.5-hour shift who are granted sick time, shall only have their sick time accrual charged a maximum of 8-hours for the day. 1 S:\CA\Colle¢~lve Bargaining\PBA - L=s 2003\cba\Clean version 062703.doc ARTICLE 19 VACATION Section 1. Vacation shall be accrued in accordance with the Personnel Policy Manual, as follows: Years of Service Vacation Hours Per Year 1 96 2 - 3 120 4 128 5 136 6 144 7 152 8 160 9 168 10- 15 176 16 - 20 192 21 and above 200 Employees may accrue vacation leave to a maximum of the level earned in the most recent two employment years. However, any amount over the allowable maximum that has not been used during that fiscal year (October 1 - September 30) will be forfeited as of September 30. Section 2. Seniority will prevail in the granting of vacations. Section 3.. Vacation requests may be submitted from forty-eight (48) hours to thirty (30) days in S: \CA\Collective Bargaining\PgA - r.~s 2003\cba\Clean verlion 062703 .doc advance. In the event of dual requests for vacation dates, the senior member's request shall prevail if it was submitted twenty-one (21) days prior to the date or dates requested. Vacations of three (3) days or less may be made within twenty-four (24) hours advance notice, provided that the CiW incurs no overtime in the granting of such request. Those members scheduled to work an 11.5-hour shift who are granted vacation, shall only have their vacation accrual charged a maximum of 8-hours for the day. Section 4. Requests for emergency vacation leave shall be individually considered by the Chief of Police. Section 5. Management reserves the fight to approve or deny vacation leave based upon the operational needs of the department. Vacation privileges shall not be suspended or canceled except as specifically set forth in this Agreement or in time of declared emergency, as defined in this Agreement. The exercise of management's rights under this Section shall not be arbitrary or capricious. Section 6. All Lieutenants shall receive, in addition to the existing vacation accruals, - 60 hours of personal time per contract year, which may be used in four hour increments (non-accumulative and cannot create an overtime situation). The 60 hours of personal time per contract year are not accruable and must be used within each contract year. Those members scheduled to work an 11.5-hour shift who are granted personal time, shall only have their personal time accrual charged 8-hours for the day, only when personal time is taken in 8 hour increments. S:\CA\Collective Bargaining\PBA -Lts 2003\cba\Clean version 062703.doc ARTICLE 20 HOLIDAYS Section 1. Holidays will be defined as the below dates: 1. New Year's Day 2. Martin Luther King Jr., Day 3. President's Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day After Thanksgiving 10. Christmas Eve 11. Christmas Day Section 2. Members o f t he Bargaining U nit not assigned t o road patrol s hall not work on Holidays, unless an emergency situation is declared by the City Manager or his/her designee or in cases where the Chief of Police or on-call Staff Duty Officer determines that the presence of a Lieutenant is required for a specific function or investigation. If a Lieutenant is assigned to road patrol he/she has the option to either work the scheduled holiday, in which case he/she shall be paid the holiday pay plus straight time. If he/she elects not to work the holiday a Sgt. will fill that position. A Lieutenant who is assigned to road patrol who is scheduled off on a holiday may take S: \CA\Collective Bargaining\PBA -Lts 2003\cba\Clean version 062703 · dOC a substitute day offduring the same pay period .provided that it does not incur overtime. If it cannot be accommodated during that pay period, without incurring overtime, the member ma.,,' take it in the following pay period with approval of the Police Chief. S:\CA\Collec~ive Bargaining\PBA - L~s 2003\c~a\Clea~ version 062703.doc " ARTICLE 21 FUNERAL EXPENSES Section 1. The City, will make a reasonable payment, not to exceed $5,000 for funeral costs to the beneficiary of bargaining unit employees killed in the line of duty. Section 2.. All employees shall, on a form to be supplied by the Human Resources Director or his/her designee, designate by name and address, the individual to whom such funds are to be paid. S:\CA\Collec~ive Bargaining\PBA -Lts 2003\cba\Clea~ version 062703.doc ARTICLE 22 MEDICAL EXPENSES Section 1. Members will receive and shall be obliged to take an annual electro-cardiogram and physical examinations by licensed physician approved by the City. Scheduling shall be at the discretion of the Department and the results will become part of the employee's permanent record. Said medical records shall be exempt fi.om public inspection, as provided by Chapter 119, Florida Statutes. The City shall bear the cost of the examination. Section 2. Any condition of disability resulting fi.om Hepatitis, Acquired Immune Deficiency Syndrome (ADS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex I, established to have been occurred in the line of duty shall be covered the same as other duty injury. Section 3. Beginning at the age of 30 and every other year t hereafter, t he bargaining unit members shall be provided a twelve lead EKG and cardiac stress test to be paid for by the City and to be performed at a City designated medical facility. A hepatitis "B" vaccine series shall also be offered by the City to all bargaining unit members at no cost to the member. Section 4. At the members discretion he/she may request an ADS and/or Hepatitis screen at the time of his/her annual physical. The cost to be paid for by the City. The results of the ADS test shall remain confidential. Section 5. The City shall bear the costs involving lead testing for the Range Instructor(s). 2 S:\CA\Collec=ive Bargaining\PBA - L~s 2003\cba\Clean version 062703.doc -30 - ARTICLE 23 UI~OR~S Section 1. The City will supply those parts of the uniform that the City requires police lieutenants to wear on duty. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Chief of Police, and if adequate funds are available in the City's budget. Section 2. Effective on the date of this Agreement, lieutenants who are members of the bargaining unit and assigned to plain clothes duty will receive a maximum of $1,000.00 per contract year, paid in $250 installments at the end of each quarter and pro-rated as appropriate when assigned during each quarter to plain clothes duty. The City will replace civilian clothes of lieutenants purchased with the annual allowance when such clothes are damaged in the line of duty. The City will replace civilian clothes to uniformed officers assigned to plain clothes duty when the clothes are damaged in the line of duty. The replacement will require the approval of the Chief of Police. The Lieutenant claiming a replacement will be required to include with his/her claim an explanation of the circumstances of the damage and appropriate reports concerning the incident. This allowance shall commence from the date of assignment on a pro-rate basis. Section 3. Lieutenants assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accordance with the above for the three (3) months and pro-rated thereafter. :: Section 4. The City will bear the cost ofcleamng ten (10) issued umform pieces per week for the contract year. The City shall designate the only approved dry cleaning establishment in the City. S:\CA\Colle¢~ive Bargaining\PBA - L~s 2003\¢ba\Clean version 062703.doc Lieutenants assigned to plain clothes duty will be given a cash cleaning supplement reasonably equivalent to that of the uniformed Lieutenant. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro-rated basis. Section 5. Lieutenants assigned to plain clothes dutY for more than three (3) months at a time will, for that three months period, be given a cash cleaning supplement equivalent to that given lieutenants and pro-rated thereafter. These payments for lieutenants assigned to plain clothes duty will substitute for the normal cleaning allowance for lieutenants. $:\CA\Collec~ive Bargaining\PBA - L=s 2003\cba\Clean version 062703.doc -32 - A~TICL5 24 T~G Section 1. The Police Chief will decide on the Depa~iment's training program according to his judgrnent of the needs and requirements and potential for each member of the Department. S:\CA\Collective Bargaining\PBA - L=s 2003\cba\Clean version 062703.doc ARTICLE 25 PERSONNEL RECORDS Section 1. All personnel records shall be maintained within the limits of and in accordance with the provisions of the Public Records Law. Section 2. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his or her own personnel records whenever or however kept. The member shall have the right to make duplicate copies of his or her own records at no expense to the bargaining unit member. No record shall be hidden from a member's inspection and members shall have the fight to allow anyone of his or her choosing to inspect the personnel records with written authorization. Members shall have the fight to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee within the provisions of the Public Records Law. Section 3. A personnel file for all City employees is maintained by the City Human Resource Department. The City will purge these files of disciplinary actions in accord with the appropriate Florida State Statute. The purging will take place when the Human Resources Department notes that it is time for a record to be purged or when an employee, in writing brings the matter to the attention of the Human Resources Director. An employee may request, in writing, that specific items be added to his/her Personnel file. Section 4. All citizen complaint files and Internal Affairs investigations will be governed by Florida State Statutes and the Public Record destruction guidelines. Section 5. A 24 hour notice must be given to the bargaining unit member if any person requests a copy or review of the members' personnel file. E-mail to the bargaining unit member S:\CA\Collec~ive Bargaining\PBA -Lts 2003\cba\Clean version 062703.doc shall constitute notice. S:\CA\Colle¢=ive Bargaining\PBA - L=s 2003\cba\Clean version 062703.do¢ -35- :: ARTICLE 26 SOLICITATIONS No member shall be forced to attend or participate in solicitations for monies, membership or sales by any outside group (charities, insurance companies, religious organizations, etc.) while on duty or at roll call. S:\CA\Collective Bargaining\PBA - L~s 2003\cba\Clean version 062703.doc "? -36 - ARTICLE 27 SAFETY AND HEALTH Section l. The City agrees that it will conform to all State and Federal laws concerning sa£ety, health, sanitation and working conditions, when said laws are specifically applicable to public employees. Section 2. Protective devises, wearing apparel and other equipment necessary to protect employees fi.om injury shall be provided and maintained in proper working condition by the City at no cost to the employee. i i $:\CA\Collec~ive Bargaining\PBA - L=s 2003\cba\Clean version 062703.doc ARTICLE 28 USE OF CITY FACILITIES The PBA shall be entitled to the use of City facilities to conduct Union business at the same cost assessed to other organizations, and subject to availability. S:\CA\Collec=ive Bargaining\PBA -Lts 2003\cba\Clean version 062703.doc ARTICLE 29 HOURS OF WORK AND OVERTIME Section 1. Members of this bargaining trait are considered exempt status employees under FLSA, not eligible for overtime pay. Section 2. No person shall be required to work more than sixteen (16), continuous hours except in a declared emergency. For the purposes of this section and this agreement, an emergency shall be a natural disaster, (flood, hurricane, etc.) or man-made disaster (riot, mass civil unrest, etc.) or other incident which directly threatens the health and safety of the citizens of Boynton Beach. - i S:\CA\Collective Bargaining\PBA -Lts 2003\cba\Clea~ version 062703.doc ARTICLE 30 SHIFT SELECTION Section l. The Department shall have the discretion to determine the number of persons assigned to each shift and division within the Department. The City reserves the right to assign Lieutenants to a particular division within the Police Department. Section 2. The City may designate the number of slots assigned to each shift. Thereafter the employees shall choose slots by seniority. The Department shall have discretion to change the probationary lieutenant for training purposes. The fight to select a shift shall not apply to probationary lieutenants. $:\CA\Collec~ive Bargaining\PBA -Lts 2003\cba\Clean version 062703.doc " ARTICLE 31 SENIORITY Section 1. Seniority shall be computed from the date of promotion. If two (2) lieutenants have the same date of promotion, the date of initial appointment to the service of the City as a police officer shall be the determining factor. Section 2. Seniority shall accumulate during all authorized leaves. Section 3. Seniority shall be the determining factor for the selection of vacations and overtime assignments. Section 4.: The City shall have the right to determine the number of lieutenants assigned to each division and each shift. Section 5. For lay-offs and other non-disciplinary reductions in personnel, Senior Classes will displace Junior Classes. An example would be: ifa police lieutenant's position is to be abolished, the incumbent with the least seniority in the position of lieutenant would displace a Police Sergeant, who would displace a Police Detective, who would displace a Police Officer, who would displace any probationary or provisional or temporary, or be separated as the case may require. S:\CA\Collec=ive Bargaining\PBA - L~s 2003\cba\Clean version 062703.doc -4!- ARTICLE 32 TR.adNSFERS AND SHIFT CHANGES Section l. No member shall be transferred nor have his/her shift or schedule changed, including days off, without forty-eight (48) hours notice, except in time of emergency, as declared by the City Manager or his/her designee. Section 2. Members may request to exchange shifts, provided that the exchange is approved. Such approval shall not be unreasonably withheld. The City shall not be obligated to pay overtime to accommodate the exchange. 1 S:\CA\Collective Bargaining\PBA - L=s 2003\cba\Clean version 062703.doc ARTICLE 33 GROUP INSURANCE Section 1. The City shall provide and pay the premium for a Fifty Thousand Dollar ($50,000.00) life insurance policy to all bargaining umt members at no expense to the employee. The policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal law. Section 2.. The City, during the term of this Contract, shall provide and pay for one hundred percent (100%) of the cost of individual coverage in a group health insurance policy for members of the bargaining unit. Section 3. The health and dental insurance coverage currently in effect shall not be substantially reduced through the life of this contract. The selection of a carrier or carriers to provide health and dental insurance coverage is a managerial function reserved solely to the City. The City will use its best efforts to maintain health and dental coverage which is substantially equivalent to the coverage in effect on the date of ratification of this Agreement. The number of available plans may, at the City's option, be changed. Minor reductions in coverage are permissible and do not constitute a unilateral change of benefits under this Collective Bargaining Agreement. In the event the total health and dental insurance benefit package is altered in a manner which increases either a bargaining umt members annual deduction by more than five (5%) percent over the. deductible current at time of ratification of this Agreement or an itemized co- payment by more than 25%, the Union may reopen negotiations of this Article by making written request to the City Manager. S:\CA\Collec~ive sargaining\PBA - ~s 2003\cba\Clea~ version 062703 .doc ARTICLE 34 TUITION REIMBURSEMENT Section 1. The City. shall provide an incentive in the form of paid tuition and books for members who choose to attend an accredited college or university. Section 2. The member shall initially pay and be reimbursed by the City upon presentation of documented completion of the course. College and/or University program must be imtially approved by the City Manager. Section 3. Members attaining a grade of"A" or "B" shall be reimbursed for 100% of the cost of a course. Members attaining a grade of"C" shall be reimbursed for 50% of the cost o fa course. The City shall reimburse bargaining unit members at 50% of cost for attending and being approved for life experience only at Barry University, Nova University and St. Thomas University, for not more than 30 credits. In the event that a course is a mandatory pass/fail course, a grade of passing shall be treated as a satisfactory grade and will be reimbursed for 100% of the cost of the course. Employees shall receive no compensation for grades below a "C". Section 4. Courses must lead to a degree in the fields of law enforcement, criminal justice, public administration, or any other similar police profession discipline that may, in the opinion and with the approval of the City Manager enhance the member's performance as a law enforcement officer. Section 5. Post-.graduate courses authorized under Section 4, shall also be reimbursed based on grades outlined under Section 3. However, reimbursement is limited to a maximum of six (6) credits per semester. For every two (2) reimbursed semesters, the member must remain in the employ of the S: \CA\Collective Sargaining\PBA - h~s 2003\¢ba\Clean version 062703 .doc Ci~ for one (1) year. Failure to do so would require the member to payback the City for the equivalent percentage reimbursement. .i s:\CA\Collec=ive Barga£ning\~BA - L=S 2003\cba\Clean version 062703.doc ARTICLE 35 DEPARTMENTAL POLICIES, RULES AND REGULATIONS Section 1. It is agreed and understood that the Police Department currently has policies, rules and regulations governing employment. The formulation, amendment, revision and implementation of any rule shall not be arbitrary or capricious. In the event of a conflict between the rules and specific provisions of this Agreement, the Agreement shall control. Section 2. Nothing in this Section shall constitute a waiver of the Union's fight to impact bargaining a s defined i n Chapter 4 47, P art I I, Florida Statutes (the Florida Public Employee's Relations Act). In the event the City wishes to amend, revise or implement any new rule, it shall give ten (10) days notice to the Union. In the event the Union requests impact bargaining due to a rule change, the implementation date shall not be extended and the parties agree to expedite impact bargaining. - 2 $:\CA\Collec~ive Bargaining\PBA -Lts 2003\cba\Clean version ARTICLE 36 OFF-DUTY POLICE EMPLOYMENT Section 1. Off-duty police employment shall be defined as any police-related duty that is performed or administered by a sworn employee which is paid for by a private entity, through the City of Boynton Beach. Section 2. When City facilities are used by other agencies or persons, any desired security arrangements shall be at the option of the user. If the user and/or the City determines that certified police officers are to be required at any public event, only Boynton Beach Police Department personnel shall be used. - i S:\CA\Collective Bargaining\PBA - L~S 2003\cba\Clean version 062703.doc ARTICLE 37 GRIEVANCE AND ARBITRATION PROCEDURES GRIEV,(NCE PROCEDUR.ES Section 1. A grievance is defined as a dispute involving the interpretation or application of the Collective Bargaining Agreement. Section 2. A dispute over disciplinary action is not a grievance, but shall be referred to as an appeal of disciplinary action. The process for handling appeals of disciplinary action are set forth in this Article. Section 3. The parties are committed to resolving grievances in a timely fashion..~ccordingly, any grievance not submitted or advanced by the grieving party in accordance with the time limits set forth below will be considered abandoned. Any grievance not answered by the City within the time limits set forth below will automatically advance to the next step of the grievance procedure. By way of example: When a grievance is advanced to the Police Chief on January 1 st, the Police Chief must respond by January 21st. If the Police Chief responds to the Grievant on January the 3rd, and the Grievant is not satisfied with the Chiefs determination, the Grievant has ten (10) days from January 3'~ to request appointment o fan arbitrator. If the Police Chief fails to respond by January 21 st, the Grievant has ten (10) days from January 21 st to request appointment of an arbitrator. Section 4. A grievance must be filed within ten (10) days of the first occurrence of the event which give rise to the dispute. Grievances shall be presented in the following manner: Step 1. A grievance must be filed on a form approved by the City within ten (10) calendar days as set forth in Section 4 above. The grievance must make specific S:\CA\Collective Bargaining\~BA -Lts 2003\aba\Clean version 062703 .doc %' -48 - .: reference to the Article and Section of the Agreement in dispute, set forth detailed facts explaining how the Article and Section has been misapplied by the City, and state the relief sought by the grievant. The grievance form shall be filed with the grievant's immediate supervisor. In the case of a class grievance filed by the Un/on, the grievance form shall be filed with the Police Chief. Step 2. The immediate supervisor shall review the grievance and make a written recommendation for disposition of the grievance to the Police Chief within ten (10) days of receipt of the grievance. Step 3. The Police Chief shall review the grievance and render a written decision within ten (10) days of receipt of the recommendation from the immediate supervisor. The Police Chief may require members of the Bargaining Unit to submit to questioning as pan of his review of the grievance. Step 4. In the event that a grievant is not satisfied a4th the disposition of the grievance by the Police Chief, the grievant shall have the fight to submit the grievance to the City Manager. Submission to the City Manager shall be made within ten (10) days of the date of the Chiefs disposition orthe expiration of the time period for the Chief s disposition in the event the Chief does not render a decision. Step 5. The City Manager shall review the grievance and render a written decision within ten (10) days of the submission of the grievance to him/her. The City Manager may require members of the Bargaining Unit to submit to questioning as pan of his review of the grievance. Step 6. In the event the employee is not satisfied of the disposition of the grievance by the City Manager, or if there is no disposition by the City Manager in a timely fashion, the grievant may request appointment of an arbitrator. The grievant's request for the appointment of an arbitrator must be made within ten (10) days of the date of the City Manager's disposition of the grievance, or the expiration of the time period for the City Manager's disposition in the event the City Manager does not render a decision. Step 7. T he City and the Union have agreed to establish a panel of arbitrators, consisting of six (6) members, three of which will be selected by the Union and three of which will be selected by the City, who will be selected to serve on a rotating basis. The grievant's request shall commence with a written request for arbitration to the City. Following appointment of an arbitrator, Arbitration shall proceed as set forth i n t his Article. I f a panel h as not been a greed t o b y City a nd union, t he grievant's request shall commence with a written request to the Federal Mediation S:\CA\Collective Bargaining\PBA - r'~s 2003\cba\Clean version 062703.doc - 4 9 - and Conciliation Service to submit a list of names of five (5) arbitrators. Both parties will alternatively strike one name until an arbitrator is agreed to. Following appointment of an arbitrator, arbitration shall proceed as set forth in this Article. .M~d3ITRATION Section 1. When an arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by the City, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration hearing on the grievance itself. If the City ra/ses the question of arbitrability and loses that determination, the City shall pay the cost of the arbitrator. If the City raises the question of arbitrability and the arbitrator determines thai the matter is not arbitrable, the Union shall pay for the arbitrator. This provision shall not prohibit the City fi.om challenging the arbitrability of any grievance in an action for declaratory relief filed in the Circuit Court of Palm Beach County, Florida. In no event may the City seek a determination ofarbitrability by both the arbitrator and the Circuit Court. In the event of a court action by the City, the grievance/arbitration proceeding shall be abated until the conclusion of the court proceeding. Section 2. The arbitrator shall conduct the arbitration hearing no less than thirty (30) days nor more than ninety (90) days from the date of appoinument. Section 3. In the event a party seeks continuance of an arbitration hearing once set, the requesting party shall pay any fee charged by the arbitrator for resetting the hearing. 2 ' S:\CA\Collec=ive Bargaining\PBA -Lts 2003\cba\Clean version 062703.doc Section 4. The arbitrator's decision shall be confined to the statement of the grievance set forth in the written grievance form together with any defenses raised by the City at any step of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract fi.om, or otherwise alter or supplement this agreement or any part thereof in order to resolve a grievance. The arbitrator may not issue declaratory opinions and shall confine himself/herself exclusively to the issues presented, which must be actual and existing. Section 5. The arbitrator shall render a written decision within thirty (30) days of the close of the arbitration hearing or submission of post hearing briefs, whichever occurs last. DISCIPLINARY APPEALS Section 1. Discipline is classified as either major or minor as follows: MAJOR: Termination Demotion Suspension without pay-more than two (2) days No employee shall be subject to major discipline without first being afforded a pre- determination conference with the City Manager or his/her des/ghee. No pre-determination conference shall be conducted with less than ten (10) calendar days notice to the employee. MINOR Written reprimand Suspension without pay-two (2) days or less Section 2. Appeals of disciplinary action shall be handled as follows: A. Major discipline may be by appeal to an arbitrator, by using the same procedure for appoint~aent of an arbitrator as set forth in this Article. The request for appointment S:\CA\Collec~ive Bargaining\PBA - L=s 2003\cba\Clean version 062703.doc of an arbitrator must be made in writing within ten (10) calendar days of notice of disciplinary action. B. The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the Arbitrator is final and binding on the parties. C. Written reprimands may not be appealed but the employee may submit a written response to a written reprimand provided the response is submitted within ten (10) days of the written reprimand. Ifa written response is submitted by the employee, it shall be attached to the written reprimand and placed in the employee's personnel file. D. Suspensions without pay of two (2) days or less may be appealed to the City Manager whose decision shall be final. An appeal shall be filed in writing within ten (10) days of notice of the suspension without pay. The City Manager shall conduct an investigation of the discipline and render a decision within twenty (20) days of the appeal. The City Manager's decision may be to either sustain, reverse, or modify the discipline. In no event shall the City Manager's decision increase the discipline to more than a suspension without pay of two days. The City Manager may conduct interviews with the grievant, departmental staff, or members of the bargaining trait as pan of his/her investigation of the discipline. S:\CA\Collective Bargaining\PBA -Lts 2003\cba\Clean version 062703.doc -52- ARTICLE 3 8 PAST PRACTICES All employment practices listed below shall remain in effect: A. Lockers. B. Locker room shower, gym. C. Shoes every six (6) months. D. Provide weapons, equipment, gear appropriate to assignment. E. Bullet proof vests. F. Jackets, raincoat, boots. G. Desk space, office supplies. H. Approved and required travel expenses. I. Use of City vehicles for court when available. J. Three (3) complete uniforms per year, as needed. S:\CA\Collec=ive Bargaining\PBA -Lts 2003\cba\Clean version 062703.d0c ARTICLE 39 PERSONAL AND DEPARTMENTAL VEHICLES Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and seminars. Section 3. Bargaining Unit members shall be assigned City vehicles for use on and off duty. Section 4. If a Bargaining Unit member is not involved in a "Chargeable" accident for 12 months, the member will get a bonus on their anniversary equivalent to one (1) day's pay. S:\CA\Collec~ive Bargaining\PBA -Lts 2003\cba\Clean version 062703.doc ARTICLE 40 PROMOTIONS Section 1. All bargaining unit members are eligible for appointment to the next highest rank in the department. 'Criteria for evaluation and appointment shall be established by the Police Chief with the assistance of the Human Resources Department. All promotional opportumties will be posted for a period of thirty (30) days before closing. Section 2. All Lieutenant's shall serve a one year probation from the date of appointment. During a Lieutenant's probationary period a Lieutenant is subject to removal from appointment, without statement of cause. A promoted Lieutenant removed from her/his position during probation, shall be reassigned to the position that they were promoted from. A new hire Lieutenant in her/his probationary period may be demoted to Sergeant, or is subject to separation from service at the discretion of the City, without statement or cause. S:\CA\Collec=ive Bargaining\PBA - L=s 2003\cba\Clean version 062703.doc ARTICLE 41 SAVINGS CLAUSE Section l. If any Article or section of this Agreement should be determined by a court of competent jurisdiction to be in conflict with any existing or subsequently enacted legislation or judicial decision, all other Articles and sections of this Agreement shall remain in full force and effect with it being presumed to be the intent of the parties that the invalid language be stricken. Section 2. In the event of such a determination, the parties shall meet within thirty (30) days for the purpose of negotiating a substitute provision. Section 3. There is no past practice regarding wages, benefits or conditions of employment that is binding on the parties except as set forth in this collective bargaining agreement. Neither the City's Civil Service Rules and Regulations, nor the City's Personnel Policy Manual have application to collective bargaining unit members. ii S:\CA\Collec=ive Bargaining\PBA -Lts 2003\cba\Clean version 062703.doc ARTICLE 42 TEMPORARY ASSIGNMENT Section 1. Lieutenants acting in the capacity of Senior Staff Officer shall be paid five percent (5%) above the Lieutenant's regular rate of pay during the time assigned as Senior Staff Officer. Section 2. The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including details. _ 2 S:\CA\Collec=ive Bargaining\PBA - L~s 200$\cba\Clean version 062703.doc ARTICLE 43 CHEMICAL TESTING Section I. Drug and alcohol testing may be conducted on either a reasonable suspicion basis or at random. Standards for testing and retesting will be as set forth in Florida Statues, Florida Administrative Code and the City's Drug Free Workplace Policy. ii S:\CA\Collective Bargaining\PBA -Lts 2003\cba\Clean version 062703.doc -58 - ARTICLE 44 ENTIRE AGREEMENT The parties agree that this Agreement constitutes the full and complete understanding of the parties. This agreement can not be changed or altered unless by mutual written agreement. S:\CA\Collec=ive Bargaining\PBA - ~=s 200$\cba\Cle~n version 062703.doc ARTICLE ,.55 DURATION OF AGREEMENT Section 1. This agreement shall become effective on ratification and shall continue in full force and effect up through and including September 30, 2004. S:\CA\Collective Bargaining\PBA - Lis 2003\cba\Clean version 062703.doc Agreed to this day of ,20 , by and between the respective parties through the authorized representatives of the Umon and the City. POLICE LIEUTENANTS POLICE BENEVOLENT ASSOCIATION BY: Wimess Ernest George, President Witness CITY OF BOYNTON BEACH BY: Wimess Kart Bressner, City Manager ATTEST: Witness City Clerk APPROVED AS TO FORM AND CORRECTNESS: City Attorney Ratified by City Commission Ratified by Union Members Date Date i - S:\CA\Collec~ive Bargaining\PBA - hcs 2003\cba\Clean version 062703.do¢ V.-CONSENT AGENDA ITEM C.14 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOl l Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May20,2003 May 5, 2003 (Noon) [] July l5, 2003 June 30, 2003 (Noon) [] Administrative [] Legal -.3 NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve the first amendment to the Interlocal Agreement established by R01-337 between the City of Boynton Beach and the Municipal Public Safety Communications Consortium for the construction and implementation of its Countywide Interoperable Radio Communications System. EXPLANATION: The MPSCC needs member municipality support to move forward with the acquisition and construction. To do this, the City Of Boynton Beach has committed a portion of its $12.50 allocation. This will be provided to the Consortium and, pooled with other Consortium members, provides sufficient funds to start the system acquisition. The first amendment to this agreement requests the City Of Boynton Beach extend the period of our commitment from the ten years outlined in the original agreement to fifteen years. This revised agreement recognizes the limitations outlined in Section 7B, which states the City Of Boynton Beach will commit all monies over a threshold of $150.00 per radio. The amount collected yearly is variable depending on the number of traffic fines generated, however the City Of Boynton Beach would retain $150.00 per radio (currently there are 553 radios in our inventory or $82,950.00). The Consortium would then realize all over that amount. If in any year the traffic fines are less than the $150.00 per radio threshold, the City Of Boynton Beach will not be obligated to contribute that year. PROGRAM IMPACT: The City Of Boynton Beach supports the M/A-Com TDMA/Open Sky digital technology solution as proposed by the MPSCC. The Communications Division has a plan that would facilitate the gradual migration from the current system to the M/A-COM system over the next six years. FISCAL IMPACT: The $12.50 fine and forfeiture funds are currently being set aside in an interest bearing account in the City Of Boynton Beach Finance Division. The money allocated to the MPSCC will commence only when they acquire matching funds from the bank of their choice. In the meantime the City Of Boynton Beach is only responsible for the $18,000.00 per year paid as membership to the MPSCC to offset administrative costs. If matching funds are not obtained the City Of Boynton Beach is under no obligation. ALTERNATIVES: If the City Of Boynton Beach and other participating n]unicipalities do not vote to extend the commitment to fifteen years in ali l.ike, lihood,,the MPSCC .would not be gra~ited/j]aatching funds from any lenders. ,fr Department Head's Sig~/ature?~ ' T City Manager's Signature SABULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC O' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Communications ~ .~,,~ ~, ~t~t~//~ Department Name ' City Atio~y / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM FOR THE CONSTRUCTION AND IMPLEMENTATION OF A COUNTYWIDE INTEROPERABLE RADIO COMMUNICATIONS SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Municipal Public Safety Communications Consortium ("MPSCC") was formed through the cooperative efforts of the various municipalities to plan and implement an interoperable countywide municipal public safety radio communications system (the "Communications Project"), and WHEREAS, pursuant to Resolution 02-064, dated April 16, 2002, the City of Boynton Beach (the "City") agreed to commit certain of its funds to the MPSCC for the Communications Project; and WHEREAS, the implementation of an interoperable countywide municipal public safety communications system will allow municipal public safety agencies to improve the provision of services by virtue of enhanced interagency communication and cooperation; and WItEREAS, the MPSCC has now provided the City with its 2003-2004 capital budget which includes a plan to incur indebtedness in order to finance the cost of acquisition, equipping and construction of the Communications Project (the "Debt Financing"); and WHEREAS, the MPSCC, through the diligent efforts of its member municipalities has developed finalized plans for a municipal countywide interoperable Communications Project network, has received proposals, and has selected M/A-COM Inc. as its vendor, which has been approved by the State of Florida, Office of Technology, as required by Section 282.111(5), Florida Statutes; and WHEREAS, Section 318.21 (9), Florida Statutes, permits any county which participates in an intergovernmental radio communications program approved by the State of Florida to use $12.50 from each moving traffic violation (the "$12.50 Money") to fund that county's participation in a communications program; and WI-IEREAS, a portion of the $12.50 Money collected by Palm Beach County, Florida is from violations which are written by the City's municipal law enforcement officers within the City; and WHEREAS, the Board of County Commissioners of Palm Beach County, pursuant to County Resolutions 92-1187, 99-1205, 99-2343, and 2002-0192, has allocated a portion of the $12.50 Money generated by municipalities for their benefit to encourage the interoperability of municipal communications systems, thereby enhancing the County's Intergovernmental Communications Plan; and WItEREAS, the City and the MPSCC both desire to move forward with the construction of a supplement and enhancement to the County's interoperable countywide radio network through the Debt Financing and construction of the Communications Project and to give final approval of the capital budget provided in Section 12 of the MPSCC Interlocal Agreement; and WHEREAS, the City and the MPSCC both desire to move forward with the construction of a supplemental and enhancement to the County's interoperable countywide radio network through the Debt Financing and construction of the Communications Project and to give final approval of the capital budget provided in Section 12 of the MPSCC l. nterlocal Agreement; and WHEREAS, the City has been requested by the MPSCC to execute and deliver a First Amendment to Interlocal Agreement (the "First Amendment to Interlocal") in order to amend and clarify certain provisions of the Interlocal Agreement; and WHEREAS, pursuant to Resolution 02-064, the City agreed to pledge and assign its share of the $12.50 Money, less $150.00 per radio used by the City as of January 1st of the applicable calendar year, to the MPSCC to pay debt service on the Debt Financing, contingent MPSCC securing financing for the interoperable 800MHZ radio system, contracting with M/A Com to provide said system, and contracting with Palm Beach County to leas said system, as set forth in Section 9 of the First Amendment to Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION OF TI-IE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2. The City of Boynton Beach, Florida, as a member of the MPSCC, hereby pledges its support to the MPSCC, its public safety communications plan, the Debt Financing, the construction of the Communications Project, and its inclusion as an enhancement and part of the State approved Palm Beach County intergovernmental radio communications program plan. Section 3. The City hereby ratifies and reaffirms Resolution 02-064, and irrevocably pledges and commits its share and allocation of the $12.50 Money, less $150.00 per radio used by the City as of January 1st of the applicable calendar year, as provided in City Resolution 02-064 to debt service on the Debt Financing issued to finance the construction and implementation of the Communications Project for a period of time not to exceed fifteen years from the date of issuance of such Debt Financing, and assigns its portion of the $12.50 Money to the MPSCC, contingent on the MPSCC securing financing for the interoperable 800 MHZ radio system, contracting with MiA Corn to provide said system, and contracting with Palm Beach County to lease said system, as set forth in Section 9 of the First Amendment to Interlocal Agreement. SECTION 4. The City requests and directs that the County provide the City's portion of the $12.50 Money, as so assigned and pledged, to the MPSCC for debt service payments on the Debt Financing. SECTION 5. In order to secure the payment of the principal and the interest on the Debt Financing herein authorized, and in order to further secure the performance and observance of all of the covenants, agreements and conditions in said Debt Financing, the execution and delivery of the First Amendment to the Interlocal, which is attached hereto as Exhibit "A" is hereby authorized. The form of the First Amendment to Interlocal is hereby approved, subject to such changes, insertions and omissions and such filling of blanks therein as may be approved and made in such form of first Amendment to Interlocal, including any changes, insertions or omissions recommended by the City Attomey, bond counsel to MPSCC, counsel to the MPSCC, or by the officers of the City executing "game, in a manner consistent with the provisions of this Resolution, such execution to be conclusive evidence of such approval. SECTION 6. The City waves its right to withdraw from the MPSCC as provided in Section 12 of the MPSCC Interlocal Agreement and acknowledged receipt of and hereby approves the MPSCC capital budget. SECTION 7. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION9. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this ~ day of July 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) \~JGCDE FS\LIB RARY\ 1990\900182.BB\RESOLMPSCC- Consortium Communication.doc FIRST AMENDMENT TO INTERLOCAL AGREEMENT This First Amendment to the Interlocal Agreement establishing the Municipal Public Safety Communications Consortium of Palm Beach County (hereinafter referred to as "MPSCC") is made and entered into this ~ day of , 2003, by and between the municipalities of Atlantis, Boynton Beach, Greenacres, Juno Beach, Jupiter, Lake Worth, Lantana, Manalapan, North Palm Beach, Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, South Palm Beach, Tequesta and West Palm Beach; each of which is a Florida mumcipal corporation located in Palm Beach County, Florida, and of each of which is referred to as a "participating member" of the MPSCC. WHEREAS, the participating members have previously entered into an interlocal agreement establishing the Municipal Public Safety Communications Consortium of Palm Beach County (MPSCC), said agreement hereinafter being referred to as the "Interlocal Agreement", and WHEREAS, each of the participating members presently maintains a police or fire department utilizing radio communications, and WHEREAS, pursuant to the Interlocal Agreement the respective police, fire and other local government departments of the participating members will be able to communicate with each other and with other public safety agencies in Palm Beach County, ensuring countywide interoperability of radio communications and proving for the efficient communication of public safety concerns, ("The Communications Project"), and WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969", authorizes local government units to enter into agreements to cooperate with other localities to best serve the needs of the local communities, and WHEREAS, the MPSCC has, in accordance with the Interlocal Agreement, facilitated the development of a county-wide interoperable radio communication service for the use of various public safety agencies in Palm Beach County, and WHERAS, the state technology office has approved the implementation of the MPSCC's proposed Open Sky System as an interoperable part of the Intergovernmental Radio Communications Program (ICP) of Palm Beach County, and WHEREAS, Palm Beach County has agreed, as set forth in County Resolutions 92-1187, 99-1205, 99-2343 and 2002-0192, that the $12.50 funds collected pursuant to F.S. 318.21 by the members of the MPSCC may be utilized by the MPSCC for this proposed interoperable radio system, and WHEREAS, the MPSCC has solicited and received proposals to establish an interoperable radio communication system which will provide access to the 800MHZ radio network for its participating members, and WHEREAS, the MPSCC has selected M/A Com as the provider of the new radio system including providing the backbone components and other necessary equipment to establish said radio system and provide access to the 800MHZ radio network for its participating members, and WHEREAS, the MPSCC is in the process of securing f'mancing for the implementation of the interoperable radio system. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the members hereby agree to amend the aforementioned interlocal agreement as set forth herein: Section 1. PURPOSE: A. To restate and specify the commitment of each participating member of the MPSCC to an interoperable radio system; B. To approve the selection of MiA Corn to provide the necessary equipment to complete the radio system backbone component and other necessary equipment to establish said radio system, and C. To authorize the MPSCC to secure financing to fund the acquisition of equipment f~om M/A COM. Section 2. DEFINITIONS: The definitions set forth in the interlocal agreement shall apply to this amendment. Section 3. AGREEMENT YYITH M/ACOM: The MPSCC is hereby authorized to enter into an agreement with M/A Corn to provide the interoperable 800MI--IZ radio system for the municipal public safety agencies of Palm Beach County which are parties to this agreement. Section 4. AGREEMENT WITH PALM BEACH COUNTY: The MPSCC is hereby authorized to enter into an agreement with Palm Beach County relative to the radio system. Said agreement shall include the following provisions: A. The radio system shall be owned by Palm Beach County and leased to the MPSCC, on a long term basis, for the life of the radio system, for a nominal sum ($1.00 a year). B. The radio system shall be interoperable as required in F.S. § 318.21 (9) and as defined by the Communications Systems and Operations Policy Advisory Committee (CSOPAC). C. The members shall irrevocably pledge their $12.50 monies (which are currently held by the Clerk of the Circuit Court) to the MPSCC to be utilized to fund the acquisition of the Interoperable M/A Com radio system. Section 5. DEBT FINANCING: A. The MPSCC is hereby authorized to enter into an agreement to secure fiamimg to acquire the interoperable radio system from M/A COM. B. The City Council of the City of Boynton Beach, as a participating member of the MPSCC, hereby pledges its support to the MPSCC, its public safety commumcations plan, the Debt Financing, the construction of the Communications Project, and its inclusion as an enhancement and part of the State approved Palm Beach County intergovernmental radio communications program plan. C. The City of Boynton Beach hereby irrevocably pledges and commits its full share and allocation of the $12.50 money to debt service on the Debt Financing issued to finance the construction and implementation of the Communications Project for a period of time not to exceed fifteen years from the date of issuance of such Debt Financing, and assigns its $12.50 Money to the MPSCC in full. D. The City of Boynton Beach requests and directs that the County provide the City's portion of the $12.50 money as so assigned and pledged to the MPSCC for debt service payments on the Debt Financing. Section 6. FINANCIAL OBLIGATIONS: A. The MPSCC shall commit that sufficient sums received by its participating members from moving traffic violations in accordance with Section 318.21 (9) F.S. (2002) (commonly referred to as "I 2.50 Funds") shall be utilized to pay for the purchase of the Interoperable Radio System. B. Each participating member of the MPSCC hereby irrevocably pledges all revenue received by the participating member pursuant to F.S. § 318 (9) ($12.50 funds), to the MPSCC to pay for the purchase of the Interoperable Radio System. C. The participating members acknowledge that the cost of operating and maintaining the Interoperable Radio System shall be the responsibility of the participating members, each of which hereby authorized the MPSCC to develop a methodology of fairly allocating said cost. Section7. USERS OF TI4E~ INTEROPERABLE RADIO SYSTEM A. The Interoperable Radio System is for the use of the participating members and other entities as approved by the MPSCC. B. The City of Boynton Beach and the MPSCC had previously, on April 16, 2002, (pursuant to Boynton Beach Resolution R 02-064), entered into an agreement which provided that Boynton Beach's allocation of its $12.50 monies to the Consortium was reduced by $150.00 per radio used by the City as of January lst of the applicable calendar year, commencing with January 1, 2002. This Agreement is hereby ratified and confwrned as to the City of Boynton Beach's obligation to pay its $12.50 monies to the MPSCC. The City of Boynton Beach specifically agrees to pay its share of the operating and maintenance costs of the Interoperable Radio System as set forth in Section 6 C above as modified by the provisions of this Section 7B and the April 16, 2002 Agreement between the MPSCC and the City of Boynton Beach. Section g. CANCELLATION OR WITHDRAWAL FROM THE MPSCC: The interlocal agreement (Section 12B) permitted participating members to withdraw from the MPSCC. In light of the commitment the MPSCC is making to establish the interoperable radio system, the option to withdraw from MPSCC shall no longer exist, until such time as the participating members obligation to pay the debt service is fully satisfied. Accordingly, paragraph B of Section 12 is hereby deleted. Section 9. CONTINGENCIES The participating members obligations set forth herein are contingent on the MPSCC secunng financing, contracting with M/A COM, and contracting with the County. Upon the fulfillment by the MPSCC of these contingencies, the obligations of the participating members shall be irrevocable. Section 10. GENERAL TERMS AND CONDITIONS: A. This amendment to the interlocal agreement, in conjunction with the interlocal agreement, sets forth all the rights, responsibilities and obligations of the participating members to each other, represents the entire understanding of the participating members, and supersedes all other negotiations, representations, or agreements, whether written or oral, relating to the subject matter of this amendment and the interlocal agreement. Neither this amendment to the interlocal agreement or the interlocal agreement can be changed, altered, amended or modified except by written instrument signed by the duly authorized representatives of the parties. B. The headings given to the section herein are inserted only for convenience and are no way to be construed as part of this amendment to the interlocal agreement or as a limitation of the scope of the particular section to which the heading refers. C. This agreement setting forth an amendment the interlocal agreement is authorized by Section 163.01 Fla. Statutes, being a joint exercise of power shared in common which any municipality could exercise separately. This amendment to the agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida, upon execution by all of the members. D. Nothing stated under this amendment shall be construed to give any rights or benefits of any participating member to this agreement to anyone other than the above listed participating members, and all duties and responsibilities undertaken pursuant to this amendment to the interlocal agreement will be for the sole and the exclusive benefit of the participating members, and not for the benefit of any other. E. This amendment to the interlocal agreement may not be assigned by any participating member. F. This document can be signed in counterparts. Section 11. INTERLOCAL AGREEMENT REMAINS IN EFFECT: To the extent not specifically amended herein, all other provisions of the Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this __ day of ,2003. CITY OF BOYNTON BEACH BY: ATTEST: APPROVED AS TO FORM & LEGALITY City Attorney 6 V.-CONSENT AGENDA ITEM C.15 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admmistrative [] Legal NATURE OF [] Announcemem [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlemems [] Unfinished Business RECOMMENDATION: Release of two cash bonds, totaling the sum of $7,580.10 to Vitcar Consulting C., Inc. for the project known as Medical Arts Professional Center, located at 2300 S. Congress Avenue. EXPLANATION: On May 12, 2003, the City accepted two cash bonds, totaling the sum of $7,580.10 for the completion of the permitted work at the Medical Arts Professional Center located at 2300 S. Congress Avenue. The work has been completed and the final Certificate of Completion has been issued. Staff is recommending that the two cash bonds, totaling $7,580.10 be returned to Vitcar Consulting Co., Inc. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: m~~_~LG ~,.m~~ Department Head's Signature City Manager's Signature · . $'91." - Cit~J, tt~ey's Office i" City Atto~y~"t~inance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY IN THE AMOUNT OF $7,580.10 TO VITCAR CONSULTING CO., INC., FOR THE PROJECT KNOWN AS MEDICAL ARTS PROFESSONAL CENTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this project had previously posted two separate cash sureties in the amounts of $5,500 and $2,080.10, totaling the sum of $7,580.10 for completion of permitted work at the above property; and WHEREAS, the work has been completed and the final Certificate of Completion has been issued; and WHEREAS, the City Commission, upon recommendation of staff, deems it appropriate to authorize a full release of cash surety in the total amount of $7,580.10 to Vitcar Consulting Co., Inc. for the project known as Medical Arts Professional Center. 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 approve the full release of the cash surety in the total amount of $7,580.10 to Vitcar Consulting Co., Inc. £or the project known as Medical Arts Professional Center Section 2. That this Resolution shall become effective immediately upon ~assage. ;:\CA~RESO\Letters of Credit~Vledical Arts- cash surety release.doc pASSED AND ADOPTED this ~ day of July, 2003. CITY OF BOYNTON BEACH, FLO1L1DA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) ~:\CA~RESOXLetters of CredithMedical Arts- cash surety release.doc DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-121 Director TO: Diane Reese, Finance FROM: Don Johnson, Building Official DATE: June 11, 2003 RE: RETURN OF CASH BOND - MEDICAL ARTS PROFESSIONA~ENTER 2300 S. CONGRESS AVE. On May 12, 2003, we sent you a memo (copy attached) regarding cash bonds of $5,500.00 and $2,080.10 for the completion of the permitted work at the above address. The work has been completed and the final Certificate of Completion has been issued. Therefore, please return the bond to Vitcar Consulting Co., Inc. This item has already been placed on the Agenda for the June 17, 2003 City Commission Meeting by the City Attorney's office. Attached is a Direct Payment Requisition. DJ:rs Attachments XC: Timothy K. Large, Building Code Administrator Rosemarie LaManna, Paralegal Permit File # 02-3248 2 S:XDevelopmentXBUILDINGhMemos\Cash Bonds - 2003\Return Cash Bond - Medical Arts Professional Center.doc '- DIRECT PAYMENT REQUISITION PLEASE RETURN CHECK TO RUTH IN THE BUILDING DIV. Please issue a check in the amount of $ 7,580.10 To: Vitcar Consulting Co., Inc. 900 NW 17~ Ave., Suite 202 Delray Beach, FL 33445 For: Return of cash bond for the completion of permitted work at the Medical Arts Professional Center located at 2300 S. Congress Ave. Requested by Department of Development Date June 11, 2003 Approvals: 'Do 001 0000 220 99 00 7,580.10 Finance Dept. City Manager : 7,580.10 rs Attachments\Memo # 03-121, 03-084 XC: Permit File # 02-3248 .~:\Oevelopment\BUlLDINGd21 Forms\Cash Bond Return-Medical Arts Professional Center.doc " VITCAR CONSUL TING CO., INC. 900 NW 17th Avenue' Suite 202 Delray Beach, FL 33445 Tel 561.278.6800 Fax 561.278.6857 E-mail Vitcar~Aol. corn ' l_ll l ' June 11, 2003 City of Boynton Beach 100 E. Boynton Beach Blvd. Bo.vnton Beach, FL 33425 Via Hand Delivery Attn: Mr. Don Johnson - Building Official RE: Medical Arts Professional Center Permit #02-3248 Dear Mr. Johnson: Please be advised that I am formally requesting the release of the two cash bonds listed below, as I believe that we have satisfied the completion of all items on this project. Irrigation and Well Surety - Check # 972069185 - $2,080.10 - Receipt 33026 Landscaping Surety - Check # 972069184 - $5,500.00 - Receipt 33025 Thank~ on this matter. ..-~ ,/ /I / Anthony Polera Vice President cc: Dr. Surench:a Sirpal, Medical Arts Professional Center, Ltd. Via Facsimile The Cit of Boynton Beach .... O~F~'~CE OF' TttE CITY A TTORN~'T  100 ~ ~wn ~ch ~ulev~ ~0. ~x 310 [ ' ~2~ton Bea~, ~oHda 33425-0310  : (561) 742-6050 , F~' (561) 742-6054 June 6, 2003 · Nicholas E. Bouyoucas, Esq. Ward, Damon &B Posner, PA 4420 Beacon Circle West Palm Beach, LF 33407 Re: Medical Arts Professional Center, Ltd. Dear Mr. Bouyoucas: I am enclosing the original Amendment to Declaration of Covenants and Restrictions for Alhambra Square, which has been executed by the City of Boynton Beach. Once the original document has been recorded, please forward a copy to this office. According to City Code, release of the bonds must be approved by the City Commission, so this matter will be placed on the next available Commission agenda. Once the recorded document has been returned, and all other conditions have been met, the CO will be issued. If you have any questions, please do not hesitate to contact me. Very truly yours, Michael J. Pawelczyk Assistant City Attorney MJP:ral Enc. cc: James A. Cherof, City Attorney Michael Rumpf, Planning Director Janet Prainito, City Clerk ~on Johnson, Building Official 4z/0 .~ff2. S:\CA~CASESV~Ihambra - Medical Arts Prof CaSTransmittal I. tr - Amendment to Declaration.dot Arne~ca's ~ateway ~o the Gulfstream -- DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-084 TO: Diane Reese, Finance Director Johnson, Building Official~0 FROM: Don DATE: May 12, 2003 SUBJECT: CASH BOND - MEDICAL ARTS PROFESSIONAL CENTER - 2300 S. CONGRESS AVE. Attached are checks for $5,500.00 and $2,080.10 fi.om Vitcar Consulting Co., Inc. This is a cash surety for Medical Arts Professional Center and is to be held until all outstanding issues of their temporary Certificate of Completion are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Completion, the surety will be returned. DJ:rs Attachments/letters and checks XC: Timothy K. Large, Building Code Administrator Permit File # 02-3248 S:~DevelopmemSBUlI. DINt2uMemos\Cash Bofids - 2003\Cash Bond - Medical Arts Prof Center. doc ~.... ..... D a.nd OG/IO0 .... . ~_~ .. ~ .....:- - . . .... CITY OF BO~VrON BEACH .._GENERAL.FUND · ~ O1¢ DRAWER: F~IOEI,~ff~ FED~A~ BANK &' ~UST . .,~,,. ,-,~ .,,~-'~,., :, ~, .. '..~,~, ,':,, ;. ~..'.. '. ,. ,., ~. ,. ,, ...,~' '. ..... . ~',~ ,' ,,~ ,'.,.~.~.,.', .,~ ~ . ,.',,';~ .... .- ' . ' ,, , · ; ',..,,-." . ..~., ,' .. '~' ,.,',., . ,:,~ . '.~.~,'.~.:~ .,L.:.-.q..,,:;.L.;.?.,.,..:.';';i.L~,~,;';,.~;:.~'.. ~,, ', ;.,~.,,~.~..,, ...~ ..,,..,,, '..:,, .~,..~.~. , ,~.. ,'.; ,., ,.~..,,,,. ,-,,.' ..... ~. ': ~ ',,~,',,.: ,-.. ~,--.~..~ '..,: -' .' ' . ' ' . ~ .... ~ ......... ~ .................... .~ ,L_ ~ ..~ '..-~ Ci~ OF BOYNTON BEACH . ' ' ~U" ~'~, :.' '.' : " ' i.'-' : :..~ ~ DATE DEPARTMENT-- ' .. ~ -~ f ~ ..-.- .~.,... .'...~..~ ......... ? , .~ ~ ~.. ~. ~ . :, ..., ~,~ ~ ..... . . .~-~ . ....... ~.,'.~':~'... :~ '~"~ ~ Z :"' '." ~ -." ' '.. , . ' '. .. ~.~'. . ..~ · May 9, 2003 Kevin Halahan City of Boyncon Beach Dear Mr. Halahan, This letter is to certify that the value of the removal if necessary of the ficus on the north and east side of the walls of the project/ncluding the replacement of the sod will be $5,000.00 plus 10% for a total of $5,500.00. If you ha~ anY~e feel free to call me. Landscape A~chitect cc: Anthony Polera ~L:~. o~[. .......... ' ~ ;~: i ~R~ ~ . :O~ ' . ' ~':~,~'Z:~.,/~,.',' C 4 ~..~'j~.~ ~:'~ ~.~ ¢'?~:z.~f; ' ,'~O~h]O,' II08~O00~6~l: '-: ': ,'' .,* ~' ..':: Cl~ OF BOYNTON BEACH Boynton B~, Flori~ ' " DEPARTMENT , FOR :'----: ..,. : :~--' . ..- .~;.; .,..,. ... .... . . ..... :.. :. ~ -"; .~..:" ..~ . ,....: ...... :'~---~--~-r~~~~ _ .,.,., ~ ~ ,. . · ,:~. .,. ~ ~.,..¢: ~. ,.. ~.,.-::. · .... *.., ..,'.~....'.:2 ,~ :.,.?:,:....~.~."...* ".,:. , ' :" ': ".", % ..... " ..",-~ "/3'~' ':'.~'.' . .* , .... ./ ::~*'.., . ........ .' .. . .. .... .. -..,.~ · .-, . · ~ .. '.....~ : .,';', '....-..,. ...: ',.;. -.:.::';: .~ '.; .. ..... . , . ..... ~'~"'.... · ...~.. ~*, :,*. '. · '. '. " .' * ....' . '~ -.-,....., ~ . ' : ' · ', ....... ,~ .... ,' -.* * · · .'' ." : . .'.*, ,~ : "t .... ' '. " ''~". ': "- -, '.t - ,.' '~' ,: - . .' % ' "': '-' '.*' :. *:' .~- -.. ~-" . ~ .' ~,*;~¢:~:,~* :'" . '- . ~. ..,... .. .. ~.,. ....... .. , ',. , '. ;*:. ,:. ,".-. . . . . . '> -, ~.~ '," , May 8~', 2003 Project No. 02-758 Engineer's Estimate Of Probable Construction Costs Medical Arts Description Construction Cost Labor and material for the installation of $1,891.00 a 2" diameter well and 1 ~ HP irrigation pump for landscape irrigation Required surety at 110%: $2,080.10 71 [ N. Dixie Highway, Suite 20l * West Palm Beach, FL 33401 * 561 689-8600 · Fax 56t 689-7476 · www. keshavarz.com Conrad Damon; Esq. Ward, Damon-& Posner, P.A. 4420 Beacon Circle, Suite 100 West Palm Beach, FL 33407 WC#37 AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS FOR ALHAMBRA SQUARE~ WAIVER AND CONSENT Recitals: A. MEDICAL ARTS PROFESSIONAL CENTER, LTD., ("MAPC"), a Florida limited partnership, is the owner of the following described real property located in Palm Beach County, Florida and successor in interest to the prior owner, Hematology Oncology Associates Properties, Inc., which is now General Partner of MAPC: A parcel of land in Section 32, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, more particularly described as follows: The East 460 feet of the West 510 feet of the North 380 feet of the South 420 feet of the Northwest one quarter of Section 32, Township 45 South, Range 43 East, less and except lands described in Official Records Book 5402, page 670 of the Public Records of Palm Beach County, Florida. (the "MAPC Property"). B. The MAPC Property has been known in the past as "Alhambra Square North" as described in that certain Declaration of Covenants for Alhambra Square dated May 7, 1991, as recorded in Official Record Book 6895, page 1431 of the Public Records of Palm Beach County, Florida ("Declaration for Alhambra Square"). C. Among other things, the Declaration for Alhambra Square contains certain restrictions and conditions in connection with the development of the MAPC Property. In particular, Article III Section B(3) requires that a boundary wall be constructed, and that the existing buffer hedge be removed and replaced with sod and landsca, ping, and that all of the foregoing shall be coordinated with the governing association of the adjacent real property, which is defined in the Declaration for Alhambra Square as Boynton Beach Leisureville Community Association, Inc. D. MAPC is in the process of developing the MAPC Property, and in connection therewith has received a Development Order from the City of Boynton Beach dated August 9, 2002, which Development Order, among other things, requires, in identical language to the Declaration for Alhambra Square, the construction-of a boundary wall and removal of the existing buffer hedge, both to be coordinated with the governing association of the adjacent residential property. E. In connection with the development of the MAPC Property, MAPC has approached and communicated with the Boynton Leisureville Community Association, Inc. to coordinate with such governing association the development of the MAPC Property, and specifically the construction of the boundary wall and removal of the existing buffer hedge. The Boynton Leisureville Community Association, Inc. has requested that the provisions of the Declaration for Alhambra Square, which were created for the benefit of the property owners in the Boynton Leisureville Community and the Boynton Leisureville Community Association, Inc., be modified and amended so as not to require the removal of the buffer hedge, but rather, that such hedge remain in place as an additional buffer, in addition to the construction of the boundary wall, and MAPC has agreed to such accommodation. NOW THEREFORE, in consideration of the premises, and based upon the agreement of the parties and other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, the parties hereto hereby agree as follows: 1. The foregoing recitals are true and correct and are made a part hereof. 2. Boynton Leisureville Community Association, Inc., as the designated representative for the adjacent property owners in the Boynton Leisureville Community, as set forth in the Declaration of Covenants and Restrictions for Alhambra Square, hereby waives the requirement for the developer of the MAPC Property to remove the existing buffer hedge and replace it with sod and landscaping to the specifications of the Boynton Leisureville Community Association, Inc., all as is more particularly set forth in Article III B (3) of such Declaration for Alhambra Square, and Boynton Leisureville Community Association, Inc. further expressly requests and agrees that MAPC, as successor in interest to the Alhambra Square North property, should refrain from removing the existing buffer hedge and replacing it with sod and landscaping. 3. At the request and direction of the Boynton Leisureville Community Association, Inc., MAPC agrees that in conjunction with its construction of the 6 foot boundary Wall between the MAPC property/Alhambra Square North property and the adjacent residential property (i.e. the Boynton Leisureville Community), it will not remove the existing buffer hedge. 4. The City of Boynton Beach, as a named beneficiary in the Declaration of Covenants and Restrictions hereby consents to the above described amendment to the Declaration of Covenants and Restrictions for Alhambra Square North for the sole purpose of agreeing that the existing buffer 2 hedge refe~ed to in such Declaration need not be removed, and further agreeing that its Development Order dated August 9, 2002 shall also be deemed modified and amended to delete that portion which requires the removal of the existing buffer hedge. 5. RSPB, LLC, a Florida limited liability company, as owner of and successor to the interest of the Alhambra Square South/Alhambra Square ACLF property described in the Declaration of Covenants and Restrictions for Alhambra Square, hereby joins herein for the sole purpose of consenting to the foregoing amendment to the Declaration of Covenants and Restrictions for Alhambra Square. Witnesses: MEDICAL ARTS PROFESSIONAL CENTER, LTD., a Florida limited partnership By: Hematology Oncology Associates Properties, Inc., a Florida corporation, as its General Partner By:. Name: Surendra K. Sirpal Title: President Boynton Leisureville Community Association, Inc., a Florida not for profit corporation By:. Sylvia Huhman, President & Director City of Boynton BeachCITyKURTMANAGERBR£SS~IER company and successor in interest to Alhambra Square South and Alhambra Square ACLF By: 3 STATE OF CLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this __ day of , 2003, by SURENDRA K. SIRPAL, as President of Hematology Oncology Associates Properties, Inc., which is the General Partner of Medical Arts Professional Center, LTD, who is personally known to me OR produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this __ day of ,2003, by SYLVIA HUHMAN, as President and Director of Boynton Leisureville Community Association, Inc., who is personally known to me OR produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH {~ ,.2...--.1~,The foregoing inst~ment~was acknowledged before me this'¥b~ day of , 2003, by ~¢~-'~J'.4,~t~, , as ~/~.(~,.~(.,t. of ~;ity of Boynton Beach, who ~is personally known to me OR produced as identification. Notary Public~ Print Name: ~ll~(Ir,'~ ~.~ My Commission Expires: 4 STATE Of ~=LORIDA COUNTY O'F The foregoing instrument was acknowledged before me this ~ day of ,2003, by , as of RSPB, LLC as owner of and successor to the interest of Alhambra Square South and Alhambra Square ACLF, who is personally known to me OR produced as identification. Notary Public Print Name: My Commission Expires: 5 V.-CONSENT AGENDA ITEM C.17 · CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR vi R~luest~d City Commimion Dat~ Final Foma Must be Tur~d Requital City Commission Dat~ Final Form Must Mmtin~ Da~s in to CRv Cl~k's Office M~ing Dates to City Ci~k's Oflic~ [] April 1, 2003 March 17, 2003 CNo~o-) [] Jvag 2, 2003 May 19, 2003 (Nooo) [] April ~, ~oo3 March 3~, 2oo3 (~oo.) [] Ju~ ~?, 2003 Jun~ 2, 20o3 [] May 6, 2003 ~ 14, 2003 (Noo~) [] July 1, 2003 Jun~ 16, 2003 (Noo~) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] A0mini~ntrative [] Legal ; : ,~ ,-7 NATURE OF [] Announcement [] New Business r-~ AGgNDA ITEM [] City Manager's Report [] Presentation :_-.. , -_.~ [] Consent Agenda [] Public Heating ~__ _: .~. [] Code Compliance/Legal Settlements [] Unfinished ~ - RECOMMENDATION: Motion to approve and execute by Resolution Task Order No. 25 in the amount of $1,285,947.00 with CH2M Hffi, Inc. to provide final design, permitting, bidding and construction phase services for Phase H of the Central Sescrest Corridor Stormwater Improvements and Water Main Replacement project (formerly Neighborhood 7/8/9). Additionally, approve an owner's contingency of 5% in the amount of $64,297.35 for a budget appropriation of $1,350,244.35. The Central Se~crest Corridor project ares is bounded on the west by 1-95, on the north by Boyntou Beach Boulevard, on the east by the Florida East Coast Railroad, and on the south by Wooibright Ro~d (refer to Task Order No. 25 for a project ares map). EXPLANATION: Task Order No. 15 for Phase I of this project was approved by the City Commission on September 3, 2002 and consisted of geo, technical and utility system data gathering, raw water capacity analysis and expansion of the easteru wellfieid, analysis of the project area's existing water distribution system, a community awm'euess program and preliminary design (30%) services. Due to the size and age of the project area, C1]2M Hill, Inc. could encounter unknown conditions that would require additional design effort/services necessary to complete the task order. For this reason, we have recommended a 5% owner's contingency be included in the budget appropriation to cover these costs. The contingency funds wffi be managed by the Senior Project Manager. At this time, the Engineer's Estimate of Probable (construction) Cost for the project is $8,400,000.00. S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Phase I is complete and upon review of the existing water distribution and stormwater systems, City staff is ready to move forward with this project under a traditional bid/build delivery method. Task Order No. 25 will allow CH2M Hill, Inc. to finalize the permitting and construction drawings and apply for the necessary permits (SFWMD, PBC Health Department and FEC Railroad) to begin the bidding process. CH2M Hill will also provide bidding and construction phase services throughout the duration of the project. .PROGRAM IMPACT: The proposed stormwater improvements will enhance drainage in the site area and reduce the threat of property damage from rain events; the system has been designed to address the Level Of Service (LOS) established by the City in our 1992 Stormwater Master Plan (with 1998 update). The water system pipe replacement using cement lined ductile iron will provide longer system life, higher flow rates and quality. Improved water service and relief from flooding were the predominant complaints received from area residents during the Community Involvement Meeting held December 9, 2002. The approximate quantities for the detailed design and implementation of this project are: 6" and 8" Ductile Iron Pipe 41,000 linear feet Fire Hydrant Assemblies 82 Water Service Connections (one to each home) 1,700 Asphalt Overlay 22,000 sq. yds. HDPE Exf'dtration Pipe 21,000 linear feet FDOT Inlets 210 FISCAL IMPACT: AGENDA ITEM ACTION AMOUNT Task Order #15, Ph~qe 1 Approved 09/03/02 $ 209,421.00 Task Order #15~ Pb~ 1 Unused funds * ($ 53,252.50) Task Order #25, Pb~ 2 Proposed 07/15/03 $1,285,947.00 Task Order #2~ Phase 2 Proposed 5% Contingency $ 64,297.35 TOTAL AMOUNT $1,506,412.85 · Early analysis of the existing raw water line capacity, expansion of the eastern weHfield and the project aerial photography indicated that the Department should NOT go forward with these task order components which reduced the scope and therefore accounted for the unused funding. Funds are available in the following accounts: · 401-5000-590-96-02, WTRI02 · 407-5000-590-96-07, STM022 S:~BULLETIN~FO~S~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Given the urgent nature of the re-current flooding and the water.~quality / flow complaints, there is no alternative, l' ' al . ~ugerman, Kurt Bressner, Assistant City Manager City Manager Utilities Department Department Name ~/ City ~t~rne~ / Finance / Human Resources Attachments: Task Order No. 25 bc: Dale Sugerman, Assistant City Manager Mark Law, Deputy Utilities Director Bob Kenyon, Deputy Utilities Director Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Administration File S:~BULLETINXFORMS~AQENDA ITEM REQUEST FORM. DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TASK ORDER NO. 25 FOR CH2M H1-LL, INC., TO PROVIDE FINAL DESIGN, PE1LMITTING, BDDING AND CONSTRUCTION PHASE SERVICES FOR PHASE II OF THE CENTRAL SEACREST CORRIDOR STORMWATER IMPROVEMENTS AND WATER MAIN REPLACEMENT PROJECT IN THE AMOUNT OF $1,285,947.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, task order No. 25 is to provide for final design, permitting, bidding and construction phase services for Phase ll of the Central Seacrest Corridor Stormwater Improvements and Water Main Replacement Project; and WHEREAS, the Central Seacrest Corridor project area is bounded on the west by 1- 95, on the north by Boynton Beach Boulevard, on the east by the Florida East Coast Railroad, and on the south by Woolbright Road; and WHEREAS, Task Order No. 25 will allow CH2M Hill, Inc, to finalize the permitting and construction drawings and apply for the necessary permits (SFWMD, PBC Health Department and FEC Railroad) to begin the bidding process; and WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve Task Order No. 25 to provide final design, permitting, bidding and construction phase services for Phase Il of the Central Seacrest Corridor Stormwater Improvements and Water Main Replacement project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA~RESO~Agreemen~s\Task - Change Orae~'s\CH2M Hill Task orcl~' - No. 25.doc seCt'ion 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific pan of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the approval and execution of Task Order 25 for CH2M Hill, to approve Task Order No. 25 to provide final design, permitting, bidding and construction phase services for Phase II of the Central Seacrest Comdor Stormwater Improvements and Water Main Replacement project. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of Julyl, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:'~CA'~RESO~Ag~'eeme~ts\Tas,k - Change On3em',CH2M Hill Task otd~' - NO. 25.doc Task Order No. 25- Central Seacrest Corridor (Boynton Beach Boulevard to Woolbright Road) Final Design, Permitting, and Services During Construction for Stormwater Improvements and Water Main Replacement A. Background CH2M HILL (CONSULTANT) submitted the Preliminary Design for the Central Seacrest Corridor (Boynton Beach Boulevard to Woolbright Road) Stormwater Improvements and Water Main Replacement to the CITY of Boynton Beach (CITY) on April 30, 2003. Based on approval of the Preliminary Design, the CITY has requested that CONSULTANT provide design, permitting and services during construction (SDC) assistance to the CITY in the execution of this project. The project is to be executed using the traditional design, bid, and construct method. This Task Order will be submitted as a stand alone document and builds upon work completed under Task Order 15 (Preliminary Design). It addresses fees for professional services to provide design, permitting, bid phase, SDC and resident observation services. B. Scope of Services for Phase I Task 1 - Survey Consultant will prepare a scope of services for the execution of a route survey for approximately 79,000 feet of roadway within the project area. Virtually all roads within the neighborhood will be surveyed with the exception of those illustrated in Attachment A. The survey will identify all above ground features within the right-of-way and will extend 25 feet into private property to collect topographic elevations, corutlicts, and encroachments. As part of the scope, the surveyor will collect existing topographic elevations along the center line of pavement, at the edge of pavement, and at the edge of the right-of-way. Specific utilities to be identified will include man-holes (sanitary and stormwater), catch basins, valves, water meters, and utility poles. All vegetation (trees and shrubs) located within the right-of-way will be located. Where-ever possible, the surveyor will remove man-hole covers and identify invert elevations for sanitary and stormwater utilities. The surveyor will obtain copies of at!_~.~ sheets from the City for water, sanitary, stormwater, and traffic control, and incorporate these utilities where ever present. The locations of driveways and pavement within the right-of-way, as well as the material of construction will also be identified and plotted on the base survey. All vegetation and encroachments (flag poles, lighting, fences, and walls) will be identified and located on the 1 OF~TA~K ORDER 25_$OW_0~0~03.D<~C TASK ORDER NO. 25 - CE[~tFRAL SEACREST CORRIOOR (I}OYNTON 8~r. ACH 8OUI.EYARO TO w~l,~r ROW) RN~ 0~=S~N, PER~N~, ~0 SERVICES 0URING CONSTRUCTION ~ STORMWA'I~ER IMPROVEMEN~ N~IO WATER IOdN REPLACEMENT survey. Sigr~cant trees and shrubs will be uniquely identified while less significant planting beds will be identified by dimension only. The survey will be prepared on ~ sized drawings at a 1-inch equals 20 feet (20:1) scale and submitted to Consultant in both electronic and paper copies. Consultant will review the survey and request changes and collection of additional information prior to review by the City. Following the review and approval of the base survey, the Consultant will direct the surveyor to submit the drawings to local utihty companies (gas, telephone, communications, and electric) to incorporate information regarding the locations and sizes of underground utilities. Additional utility reformation will be added to the survey to show the approximate location, however, the surveyor will not certify its exact placement. Consultant will contract the services of the surveyor directly. This service will be provided on a time and materials basis with a 10% markup on the subcontracted fee to manage the surveyor's work and prepared the subcontracting documents. It is CONSULTANT's understanding that the CITY does not maintain a surveying standard. Therefore, the survey will be prepared using industry standards and CH2M HILL formatting guidelines. Task 2 - Design The CONSULTANT will provide professional engineering services to the CITY for the replacement of existing water mains and installation of new storm water improvements within the project area as identified in the Preliminary Design Report. The work will include preparation of Drawings and Specifications to be used for bidding and construction. The specific scope of services to be provided by CONSULTANT in this Task Order 25 include the following: 1. Call utility location company such as "No-Cuts" to verify utility locations. Perform site investigation activities including a "field survey" of the project area to verify water line, sanitary sewer, and other utilities locations and alignments are consistent with that shown on utility record drawing information. Verification is to be by visual observation of surface features of ufflities (i.e., manholes, valve boxes, cable boxes, fiberoptic markers, etc.). 2. Review available utility plans, atlases, and maps of the area for location of existing utihties. Coordinate the proposed water main and storm water piping alignments with existing utility ahgnments to avoid conflictive routings to the extent possible. 3. Swale improvements and sidewalk replacement will be depicted by use of typical standard sections and details keyed to the plan drawings. Driveways will likewise be regraded and replaced as indicated on typical standard restoration details contained in the drawings. Swales will be improved on both sides of the road to promote enhanced area drainage. 4. Surface details such as fences, sidewalks, walls, curbs, vegetation, signs poles, etc. will be noted to the extent that they may be materially effected by the construction of the swale, pipeline driveway, and sidewalk improvements. 5. Existing underground utilities will be shown on the Drawings based on available information obtained from CITY and as verified by the field survey information OF~TA$1( DRIER TASK ORDER NO. 25 - C~I~'rRAL SF. ACREST CORPJOOR (8OYNTO# 8F. ACH 8OULEVARO TO WOOI, BRIGHT ROAD) FINAL D~$1GN, I~I~tIT'I1NG, A/~ SERVICES OURING COt~'~I'R~ FOR STORMWATER IMPROVEMENTS ANO WATER MAJN REP~,CEMENT discussec~'above. Utilities shown are only those located within the work area that will materially effect construction of the improvements (i.e. water or sewer mains, telephone conduits and cable, fiber optic or electrical lines). Utility locations will be verified by CONSULTANT through a subcontractor such as "No Cuts" arid will be reimbursed by the CITY on a time and materials basis plus a 10-percent mark up on the subcontracted fee. For the purpose of this proposal, $25,000 has been added as an expense item for ti'ds task. 6. Drawings will be provided to the CITY at the 60, 90, and 100 percent stages of design completion. The 60, 90 and 100 percent drawings will provided m full-size format. Drawings for permit review will be full size format. 7. The Drawings will show locations of new and existing water lines, existing sanitary sewers, and storm water Lrdets (if any). Streets, driveways, and sidewalks, will be outlined on the Drawings. Plan drawings will be at a scale of 1-inch equals 20 feet. Water main drawings will be prepared using a double panel format (profile for water main improvements will not be provided) while stormwater improvements will be prepared using a plan over profile format. 8. Upon completion of the 60% drawings, CONSULTANT will supply the CITY four (4) sets of review documents. The CONSULTANT will attend a 60% design-review workshop with CITY personnel to receive and discuss review comments regarding the documents. The CITY will provide CONSULTANT with a marked set of the documents containing the CITY's consolidated comments for use in preparation of the next stage of design deliverable. For the 60% deliverable, a table of contents listing of specifications will be provided. 9. Upon completion of the 90% drawings, CONSULTANT will supply the CITY two (2) sets of review documents. The CONSULTANT will attend a 90% design-review workshop with CITY personnel to receive and discuss review comments regarding the documents. The CITY will provide CONSULTANT with a marked set of the documents containing the CITY's consolidated comments for use in preparation of the next stage of design deliverable. For the 90% deliverable, draft specifications will be provided. 10. Upon completion of the 100% documents, CONSULTANT will supply the CITY three (3) sets of the final documents with appropriate copies of permit applications for signature. The CONSULTANT will transmit the signed permits to the appropriate agencies on behalf of the CITY. 11. The stormwater improvements and new water main will be located within the right-of- way of neighborhood streets. 12. The location and elevation of CITY established horizontal and vertical control (if any) will be listed on appropriate plan sheets. 13. CONSULTANT will attend two Community Involvement Meetings (CIM) as directed by the CITY. 14. CITY developed standard details applicable to the work will be incorporated into the Drawings. CONSULTANT will modify, as necessary, the CITY standard details. DFI~TASK ORDER TASK OROER NO. 26 - C~NTRAL SEACRES'r COf~RIOOR (9OYNTON 9EACH BOULEVARD TO ~ ~)) FINN. DURING CO~UC~ P~ STO~MWATE,R IMPROV~NTS AJ~ WATER ~ REPENT 15, Spec~icafiorts ~d Co~act Documents ~o~ ~ p~o~ a~e to ~ prepa~e~ b~ ~e CONSULT~ for ~e water ~ ~d sto~ water ~provem~. ~ d~en~ are to refl~t ~e fo~ow~g: Con~act ~ents w~ ~e ~e CI~'s ex~g "Front-End" condifio~ modred by ~e CI~ as approp~te for ~ project. ~v~ion 1 ~ough 16 re,cai specifica~o~ wi~ ufi~e ~e CI~'s ~ster specificafio~ modified by CONSULTA~ as appropriate for ~e project. ~parate bid s~edules will be provided for ~e water mare ~d sto~water ~provements. ~e new water mare w~ co, Bt of 6-tach diameter ~d larger cement ~ed duc~e iron pipe ~d fit~gs. · ~e exi~g water ma~ w~ be ab~doned m phce, ~ a~ ~, ends w~ be cut and capped. For l~es larger ~ ~ ~ di~eter, ~e ~es w~ a~ be ~ed wi~ light-weight ~out. U~ess ~ co,ct wi~ propos~ ~provemen~, ex~g water ~es will not be removed. ~ta~afion of ho~e se~ice co~fio~ ~y be ~cluded ~ ~e Con,actor's ~ope of work or ~cluded ~ a ~parate co~c~on con~act. Appm~te l~a~o~ of ~ice co~ecfio~ w~ be iden~ on ~e drawm~ to ~t ~e Con,actor estab~g ~ approp~te ~t p~ce for bidd~g ~d ~ obta~g ~e re~ pe~. 16. ~ op~on of probable co~c~on cost ~ be p~a~ for ~ draw~ ~d sp~ca~o~. ~e cost estate fo~t w~ be co~tent wi~ ~e bid proposal tab~a~on sheet for ~e proj~t. ~e cost op~on w~ be provided to ~e C~ dung ~e 60% desi~ review ~d at ~e ~e ~e adver~ement for bids ~ pub~hed. 17. ~e project drawings are e~ected to co~t of ~e lo,owing shee~: Estimated Sheet Count for Central Seacrest Corridor - Water Main and Stormwater Improvements City of Boynton Beach Sheet No. Drawins No. Description 1 G-O Cover Sheet (Title & Vicinity Map) 2 G-1 General Notes, Legend, Abbreviations, Thrust Restraint Schedule 3 C.-2 General Notes, Legend, Abbreviations, Thru.st Restraint Schedule 4 G-3 Index Sheet 5-45 W-1 to W-40 Water Main and Swale Improvements ~ Plan at 1" = 20' scale (Double Panel Format - Plan view only) 46-76 S-1 to S-30 Stormwater and Swale Improvements - Plan at 1" = 20' scale (S~$1~ Panel format - plan over profile) 77 C-1 Civil Standard Details (Restoration) 78 C-2 Civil Standard Details (Restoration) 4 DF~TASK OROER TASK OROER NO. 25 - C~NTRAL SEACREST CORRIOOR {BOYNTON BF.,A~H BOULEYA,qO 1'O ~ ROAO) RNAL 0~SI~I, PF. ialalTFII~. A~) SERVICES OLIRIN~ CONb~TRUC'T1ON FOR STOtaAtWATER IMPROVEMENT~ A.NO WATER MAIN I=~I~i~ME~ 79 C-3 Civil Standard Details (Restoration) 80 E)-2 Water - Standard Details 81 D-3 Water - Standard Details 82 13-4 Drainage - Standard Details 83 D-5 Drainage - Standard Details 84 P-1 Payment Schedule and summary of payment items 85 P-2 Payment Schedule and summary of payment items Task 3 - Permitting The CONSULTANT will assist the CITY in obtaining Palm Beach County Public Health Department (PBCPHD) permits for the water line replacement by completing the permit forms for CITY approval/signature and providing required drawings and specifications necessary to obtain the permits. Permit application forms, including drawings and specifications, for permitting through the PBCPHD will be submitted to the CITY concurrent with delivery of the 90% design documents. The FDEP "Long-Form" permit application is required as the project is in excess of 5,000 lineal feet and the new water mains are to be relocated (i.e., not in the same trench as the existing lines). Fees will be paid by the CITY. The CONSULTANT will also assist the CITY in obtaining South Florida Water Management District (SFWMD) permits for the construction of exfiltration trenches by completing the permit forms for CITY approval/signature and providing required drawings and background irfformation. Permitting for the SFWMD will be performed concurrently with issuance of the 90% design documents. According to a pre-application meeting held with SFWMD, the completion of the "Standard General" Sections A, C, and E, of the Environmental Resource Permit application will be required for this project. This assumption will be used to budget the labor effort for this task. Permit fees will be paid by the CITY. Two copies of the final permitting packages (plus the number of agency required copies) will be submitted with the 90% plans for submittal to the PBCPHD and SFWMD by the CITY. CONSULTANT will prepare two (2) responses to each "request for additional information" made by regulatory agencies following submittal of the permit applications. Additional responses to agency requests for additional information will be considered an Additional Services item. City fight-of-way and Palm Beach County Roadway work permits for work conducted within the rights-of-way of Boynton Beach Boulevard, Woolbright Road, and Seacrest Boulevard will required from the City of Boynton Beach, Palm Beach County, and the Florida Department of Transportation (FDOT). It is the intent of this project to require the selected contractor to apply for and acquire the necessary work permits. In addition, if any de-watering permits are necessary to conduct the work, their acquisition will also be the responsibility of the contractor. CONSULTANT, through the CITY, will provide the contractor with necessary site figures and data to support the permitting effort. 5 ORDER 25_SOW_---n~r~-- .00C TASK OP, DER ~ 25 - CEMTP~L SF. AC~EST CORRK)OI~ (BOYHTON ~ 8OUI. EV~:ID TO WOOI,,~qIGHT RO~) FINAL OESIGN, PF.J~, AND SERVICES ~ CONSTRUCTION FO~ $TORMWATE~I iMPROVEMEHT$ ANO WATER MAIN Preparation-6f other permits for the above agencies (or for other regulatory agencies) beyond that specified above will be considered an Additional Services item. Examples of typical permits not included in this scope of work include wetland dredge and fill permits, FDOT utility accommodation permits, Asbestos Handling/Disposal notification permits, Archeological/Historical preservation permits, endangered species permits, tree removal permits, etc.. Task 4 - Bid Phase Services Bid phase services to be performed by the CONSULTANT will be consistent with the guidelines in the "Standard Procedures and Functions for Consultants, Procurement Services, and the Project Management Team," provided by the CITY and will include the following: 1. Prepare Contract Document packages (i.e. drawings and specification) for CITY advertisement and bidding purposes. Drawings to be half size (11 x 17 inch) format. 2. Distribute copies of the Contract Documents to the prospective bidders. The cost for production of the contract documents will be borne by the bidders through purchase of the construction plan from CONSULTANT. Maintain records of the plan holders list and provide a copy of the list to the CITY on a weekly basis. 3. Provide document mailing and pre-bid services, such as assistance with advertisement, maintaining plan holder's list, answering questions from potential bidders, and issuing Contract Document addenda to the plan holders. 4. Respond to questions from prospective bidders and suppliers and issue addenda as appropriate. Issuance of up to three addenda is assumed in the budget for Bid Phase Services. 5. Prepare agenda and conduct a pre-bid meeting with interested contractors and CITY staff. Prepare and distribute meeting minutes. 6. Review bid packages received and recommend award. 7. Assist the CITY in conforming and preparing Contract Documents for execution by the CITY selected Contractor. Assist in the review of Contract Documents and bonds before forwarding to the CITY for execution. Task 5 - Services During Construction The specific SI:X: phase services to be provided by the CONSULTANT include the following: 1. Prepare agenda and conduct pre-construction conference with selected Contractor and CITY staff. Prepare and issue written minutes of meeting. 2. Review Shop Drawing and Product submittals for general conformance with the design intent and provisions of the Contract Documents. Review of up to 40 submittals is included in the budget for SI:X: phase services. 3. Attend monthly construction progress meetings and provide a written summary of the issues discussed. Project meetings will be conducted by the Project Engineer with the Resident Observer also in attendance. Following the meeting, the Project Engineer will prepare and distribute meeting minutes to the City and other attendees. Meetings will $ TA~K ORO~R I~O. 25 - CENTRAL SEACREST CO~RIOOR (BOYNTON B~r. ACH BOULEVARO TO ~ ROLO) RNAL Orr. SIGN, I~ERMITTI#G, AND OUI~ING CONS'T'RUCT1C~ ~ STOflMWA~R 14PROVEM~'NTS AHO WAI'~R t4NN REPI.AC~MENT be held at' the offices of the CITY Utility Department. Twenty-four monthly progress meetings are included in the budget for this task. 4. Review monthly payment applications submitted in a format acceptable to the CITY. Assist the CITY to reconcile the Contractor payment requests, clarifications, and responses to requests for quotations. A twenty-four month construction period is assumed in budgeting these tasks. 5. Respond in writing to Contractor's Request For Information (RFI) regarding the design documents. 6. Prepared and negotiate Change Orders (CO) and Field Change Directives (FCD) during the 24 month construction period. For the purpose of this task order, it is assumed that up to 12 CO and 24 FCD will be prepared during the 24 month construction period. 7. Review work progress at key steps to allow certifications to the SFWMD and PBCPHD that work was completed in substantial conformance with the Contract Documents. Review to include verification that water services were properly pressure tested and bacteriologically sampled to allow a "request for release of facilities to be placed into service" to be filed with the PBCPHD. Assist the CITY in obtaining the appropriate PBCPHD release for completed facilities. 8. In conjunction with CITY staff, make preliminary and final inspections and assist in the preparation of a Contractor "punch List." Review completion of identified punch list items to assist in the determination that Final Completion has been reached by the Contractor. Advise the CITY that Final Completion of the project has been reached in accordance with the Contract Documents. Task 6 - Resident Observation The resident observation phase services to be provided by the CONSULTANT include the following: 1. Provide an onsite construction observer. The resident observer will be onsite for a twenty-four (24) month period. For budgeting purposes, the construction observer is assumed to be on site for 40 hours each week for the twenty-four month period. It is assumed that these services will be subcontracted. C. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope of this Amendment and associated fee. Changes and/or modifications in the above work items or these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: 1. The scope and budget are based on a dosed system with exffitration basins and/or a swale type system (i.e. no positive outfall). 2. The CITY will provide CH2M HILL an electronic version of "front end" contract documents in MICROSOFT "WORD 97" version format. 7 DF~TA,SK ORDER TASK ORI~R NO. 25 - C~NT'RAL SE.ACREST CORRIDI~ (80YNTON BE. ACH 80LILEVARD TO W<~)LBR~GHT ROAD) RNAL O~S~d~, PE~4TTING. AND SERV1C~S OURIHG CONb'TRUCT1ON FOg STOI:~4WATEFI IMPROVEMENTS AND WAT~ 14NN REPt.tC~MENT 3. Surveyin~ and legal work necessary to prepare document for and to secure easements (temporary and permanent) required for installation of the piping and improvements is the responsibility of the CITY. 4. Survey and acquisition of any easements (construction or permanent) for the new piping and improvements will be the responsibility of the CITY. 5. Deviations from the Final Design Drawings will be compiled by the Contractor and electronically incorporated onto the drawing files. Two sets of signed and sealed RECORD drawings will then be submitted by the Contractor to the CITY. One set of RECORD drawings will be provided to CONSULTANT for submittal to PBCPHD. 6. CONSULTANT will attend up to two public meetings or hearings regarding the project. However, attendance at public meetings or hearings associated with permits applied for in support of the project is also not included in the budget. 7. Construction observation hours are based on 104 weeks of actual construction (Monday through Friday) at 8 hours per day, for a total of 4,160 man-hours. Full time resident observation services will be provided as an option to be selected by the CITY. 8. The CITY is responsible for all permitting fees, including costs of public notification in local newspapers. 9. The CITY will provide CONSULTANT an electronic ve~-ion of CITY standard water main and street details in AUTOCAD Version 12 format. 10. A single permit application covering the proposed construction work will be prepared for submittal to each regulatory agency. 11. The design does not include survey work for verification of horizontal and vertical alignment of existing utilities within the project area. Utility location will be developed based upon the best information available from the owning utilities and information developed by the CITY. The design fee does not include survey work for establishing horizontal and vertical alignment of new utilities either during design or during SDC. 12. The Contract Docmnents will be prepared as a single contract (i.e. the water main replacement and stormwater piping work will not be prepared as separate packages within the same set of Contract Documents). No pre-purchase of materials and/or equipment is presumed. 13. A single bidding effort is assumed. Re-bidding of the project is considered an Additional Services item. 14. Costs for SDC phase geotechnical testing to verify Contractor's compliance with Contract Documents are not included in the design fee estimate. 15. The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services item. 16. Future costs have beel~ escalated using a 5% irutlation rate. This adjustment has been applied to Tasks 5 - Services During Construction and Task 6 - Resident Observation. TA~K O~O~R NO. 25 - C~NT~AL srff. AC3=~ES'T COflfllOOfl (BOYNTON BF..ACH ~:)ULEVAFIO TO WOO(~qIGH~ ROAD) FINA~ D~TI~, P~P~TTtNG, 0UI:UNG CONSTRUCTION FO~ STORMWATER IMPROVEMENTS AND WATER MAJN D. Contract'Reference This Task Order shall be performed under the terms and conditions desmbed within the Agreement for General Engineering Consulting Services dated October 4, 2000 between the City of Boynton Beach and CH2M HILL. E. Additional Services The following are examples of some specific Additional Services Items that may be required, but are not included within this Amendment. Generally, a condition contrary to the work description irt Section B or assumptions of Section C (upon which the design fee is based) is considered an Additional Services Item. Examples include: 1. Additional supervision or construction observation in excess of that specified in this Amendment. 2. Additional permitting assistance in excess of that identified in this Amendment. 3. Construction phase services are based on an estimated twenty-four month construction period from the time of the contractor mobili?.ation to final inspection. If the period of construction is extended, additional time and expenses will be necessary. 4. Assisting the CITY in the settlement of construction contract claims. 5. Replacement of small diameter water mains and stormwater improvements at locations other than those identified in this Task Order 25 and the Prelirainary Design for the Construction of Central Seaerest Corridor $tormwater [mproz~ments and Water Main Replacements Report (Task Order 15). Additional lump sum fees will be developed as requested by the CITY for future work to include additional drawings, revised "front ends" and the preparation of additional bid documents. Bid services and SDC will be extended as appropriate. 6. Field verification (horizontal or vertical) of existing utilities identified as being within the immediate area of the proposed pipeline. 7. Additional regulatory agency responses beyond the first response to an agency incompleteness and/or additional information request. 8. Development of property descriptions of easements, road right-of-ways, etc. Preparation of right-of-way or easement boundary surveys. 9. Threatened or endangered species and species of special concern permitting or relocation work. 10. Archeolo~ical/Historical preservation permits, studies, or reports. 11. Surveying, flagging, or other work necessary to secure tree removal permits from the City, County, or other jurisdictions. 12. Design modifications to the Construction Contract Documents (i.e., change orders) required during construction. 9 DF~TASK ORDER 2~_SOW_~ DOC OLIRING CONSTRUC~ FOR STOF&tWATER IMPROVEMENTS AND WATER MAiN REI~ACEMENT These and ot~er services can be provided, if desired by the CITY, under separate Task Order(s) or by an amendment to ~ Task Order. Services performed will be on an as- directed basis in accordance with a written Notice to Proceed from the CITY. F. Obligations of the CITY 1. The CITY shall provide the CONSULTANT in a timely manner, record data and information related to the sewer system, water distribution system and streets within the project as necessary for the performance of services specified herein. 2. The CITY shall review all drawings and other documents presented by CONSULTANT; obtain advice of an attorney, insurance counselor, and others as CITY deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of CONSULTANT. 3. With assistance by CONSULTANT, as described herein, the CITY, as applicant shall obtain approvals and permits from all governmental authorities having jurisdiction over the project. The CITY is responsible for the payment of all permit application fees. G. Compensation Compensation by the CITY to the CONSULTANT for all tasks except Tasks 1, 5, and 6 will be on a lump sum basis in accordance with the above mentioned Agreement. Task 1 - Prepare Route Survey, Task 5 - Services During Construction, and Task 6, Resident Observations will be invoiced on a time and materials basis for the amount of work actually required by the project. The estimated compensation for the services described in this Task Order is $1,285,947 as shown in Table 1 below. TABLE 1: LABOR AND EXPENSE SUMMARY Phase II - Central Seacrest Corridor City of Boynton Beach i Imbor Total I.~bor Hours Cost Expenaea Cost Task 1 - Prepare Route Survey $330,000 $330,000 Task 2 - Design Phase 2,642 $252,066 $61,650 $313,716 Task 3 - Permitting Phase 364 $85;862 $8~250 $39~112 Task 4 - Bid Phase Services ge Task 5 - Services During 1,9~{0' $~i'9'8~654 $22~650 $~1~0~ Construction T_~sk 6 - Resident Observation 4,174 10 0F~TkSK C)R[~R 0UIqlNG (~I~"TI~IG'T'K~ ~ STOfllaWATL~q IMPtlK)VEMENT~ ANO WATER MAIN I~EPLAC~MEI~r H. Schedule. The CONSULTANT will commence design and permitting services upon receipt of written authorization and will complete all work associated with Task ! and 2 of this Task Order 25 within eight (8) months from the receipt of authorization. A detailed schedule will be developed in cooperation with the CITY's project manager during the mit-iai Task of this project. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this ~ day of ,2003. SUBMITTED BY: CH2M HILL, INC. Dated tlxis ~ day of ~"a~..~ ~_. ,2003. 11 KEY BOUNDARY OF ROADS NOT INCLUDED IN SURVEY NEIGHBORHOODAttach ment A Roads not included in Survey V.-CONSENT AGENDA ITEM C.: 8 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Release of the restoration surety in the amount of $11,000 by Boynton Beach Market Place (Waters Edge Marina, Inc.) to ESG Company. EXPLANATION: This bond was posted in July, 1995 to secure the dredge, fill and excavation work which was planned for the Marina project, by Boynton Beach Marina (a/k/a Waters Edge Marina). The property was later purchased by AERC and has since been sold by AERC to The Related Group. Representatives of E.S.G. Company, successor in interest to Waters Edge Marina, have been meeting with City staff requesting the return of this security. It is the recommendation of staff that this restoration surety posted by Waters Edge Marina in 1995 be released. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None ~~ S:'~BULLETIN~FORMS'~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZffiG A FULL RELEASE OF RESTORATION SURETY IN THE AMOUNT OF $11,000.00 FOR THE PROJECT KNOWN AS BOYNTON BEACH MARINA (A/K/A WATERS EDGE MARINA); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in July, 1995 the developer of this parcel, posted cash surety in the amount of $11,000 for the project then known as Boynton Beach Marina (a/k/a Waters Edge Marina); and WHEREAS, the surety represented restoration surety for dredge, fill and excavation work being done at the above referenced project; and; WHEREAS, property has changed ownership twice since the posting of this surety, and the original developer no longer has an interest in the project and has requested a return of the surety; and WHEREAS, the City Commission, upon recommendation of staff, deems it appropriate to authorize a full release of cash restoration surety in the amount of $11,000 to E.S.G. Company, successor in interest to Boynton Beach Marina a,qc/a Waters Edge Marina, Inc.. 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, hereby approves the full release of the cash restoration surety in the amount of $11,000 for the project known as Boynton Beach Marina a/k/a Waters Edge Marina, Inc.. 5:\CA'd~,ESO\Letters of Credit~,ESG - cash surety release.doc Section 2. That this Resolution shall become effective immediately upon ~assage. PASSED AND ADOPTED this __ day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: City Clerk (Corporate Seal) ;:\CA~RESOXLetters of Credit~ESG - cash surety release.doc Bond Number 08246120 : Fidelity and Deposit Company uo,*l~' OF,VtC~r OF '~dkR~ ~4Lrr3to~., ,m~. ~oa CO.NTRACT llOYD I'~N'OW ALL MEN BY THESE FREfiENTS: That. Ocean Breeze Festival Park, Inc. D/B/A Boynton Beach Marina 1.120 Laskin Road, Virginia Beach, VA 23451 of ~e State of M~land, wi~ i~ Home O~m in ~e C;~ n[ galt{mo~, M~nd, ~d ~uly au~o~ [icea~ to do bu~e~ m ~e Sta~ of ~J~.~.~ .................................. ~he~in~f~r ~ll~ SureW), as Sm~, ~e h~d ~d ~ly bound ~nto Ci ~ of Bg~nton Beach, Florida, 100 East 8oynr0n Beach Bird aoynton Beach FL 33025 .............. Lt ............................... '. ......................... (h~ro;,af~r ~I~ ~r), in ~e f~ ~d jmt ~um of to ~e ~yment of which sum, well ~d ~ly m b~ made, ~e Principal and Su~ b~d ~Iv~, ~ek of ~eir he~, ~xecutors. admin[$t~to~, succ~ ~d as~g~, join~y and ~r~y, fi~ly by ~e~ p~n~. Signed. <aled and dated ~b ......... 9~ ...................... day of. Hatch 19~ · WHER~S, the Principal hm en~ into a cern writ~n a~ent, d~ted ~e- NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH. ~at; if ~all well and truly ~r{o~ ~d c~ out ~e c~enanm, terms and conditio~ of ~d ag~emen~ th~ thb oblivion to be void: o~e~i~ to ~ain ~ f~ f~ce ~d eff~t ~/] ~ (S~.~r) (zr n~rm~t~v~ o~ vr~) ........................................................... ATrE.~T: ...... .-- ................................................. (SZAL) (n~ co~,o~o,'¢) A~r~s~: FIDELITY AND DE~T~MP~ OF MAR~ND Charles g O~Sd I~dgP:G EO-Og-Jefl ~0 [ :A8 ~uoS L.,~, 176 POWER OF ATTORNEY No._ QS.~..4..6.~g..0. ............. Fidelity and Deposit Company of Maryland HOME OFIqCE: BALTIMORE. MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY ^,'~D DE~51T COM?^nY OF M^aYLnt~t), a corporation of the State of Maryland. by W. B. WALBRECHER , Vicc-Prcs~aent. and T. E. SMITH . Ass~stam Secretary.. m pursuance of authority, granted by Article VI. S~ction 2, of thc By-Laws of sa~ct Company, which r~ads as follows: "Thc Chairman of the Bo~rd. or ~c President. or any Executive Vice-President. or any of the Semor Vacc-Prcsidents or Vicc-Pr~siaents specially authorized so re do by the Board of' Directors or by the Executave Committee. shall have power, by and with the concurrence of the Secretory or any one et the Assistant Secretaries. to appoint Restdent Vice-Presidents. Assistant Vice-Presidents. and Anomeys-in- Fact as the business of the Company may reqmre, or to autbortz~ any person or persons to execute on beinalf of the Company any underratings, recogn~_.ances, suputanons, policies, contracts, agreements, deeds, and rclca.sc~ and assignments of judgmcnm, decrees, mor- tgages and instruments ,n the ~mture o£ mortgages .... and to affix the seal of the Company thereto." does hereby nominate, consvtu[c and appoint Charles A. 31air its true and lawful Auorney-m-Fact. with full power and authori~ hereby conferred tot ~t and in ns name. place and stead, as surety, to sign. s-'.zl and deliver, a bond. undenaJang or obligaUon of suretyship for or on behalf oil ............................. Ocean Breeze Fest~vat Park, Inc., D/_~/_A_.Boynton P, each Narina. '-Ti'2'0'"[i~-kTE Road, VirgLnia Beach, VA 23451 in penalty of_.cDL to t:mo~t{ F~= ~lrtq_n~ Sex~ ~CtL~ ~ f~Ed_r~-t_ ~..~,_0,1~C__Dollars ~$. 407 ._3_.8.O_,..(X) ..... m tabor of_?--5.~-L-qf-_J..~-2.~t°n Beach, Florida. and conditioned...t-P...e-.xe-C, ute ConccactBond tOx=S~ta--and ~]:n~d kinrk" f~r Boynton ~noh . . Marina in P, oynton Beach, Florida '' hereby ratiB/ing anti confirming all the acts of smd At~omey-in-Faet. done purstmnt to thc power hereto given. The ~id Assassin Secrem~ d~ t~ercby ceni~ ~at ~c al~regoing is a t~e copy of Article VI. Secnon 2. Comply. and is no~ m force. IN WITNESS WHEREOF. ~e said Officers have ~ereumo sub~n~d ~eir n~es ~ afFned ~e Co,rate Se~ of FIDELI~ .~NO DE~It COMPANY OF MA~YLANO. ~iS ....... P_~__ ...... day of. ?larch __19 99 This Pou.'er n,.,, ~atid unless coumen~ by~te~.~ .~. Wi~g,...~_~~A, ~[~ D. ............. ............... a. STATE OF NJAR~LAND Cou~ o~ ~r~.o.~ ~ ~ FOR YOUR PROTECTION LOOK FOR THE F&D WATE~ARK thi- ~ Eh ~ ~l~rc}~ .................... 19 ~9 , ~fore ~c sub~n~r, a Nom~ Pubhc of ~e S~lc of M~l~d. On .............. ~y duty comm~ss~o~d and q~ifi~, c~c.._~=.B- ~ Vice-Pr~J~nt ~ T. g. ~'~ Ass~smc ~crem~ ol ~c FIDEU~ ~Nb DE.SIT COMPANY OF MARYLAND, to me ~n~ly ~o~ ~o ~ thc individ~s descried in ~d who execul~ ~e preening ins(m~nL ~d ~cy c~h ac~owt~g~ ~c cxccu~on of me ~c. and ~g by me duly sworn, severely ~d each for h~lf dc~sc~ ~ ~. ~al they ~ ~e ~d o~ce~ of ~ Comfy afo~. a~ ~at ~ seal a[fix~ ~o the preening mst~mcn( is ~e Co.rate 5c~ of s~d Core.ny. ~d ~ ~c ~d Co~r~c ~ ~ ~cir signatures were duty affi~ ~ subscn~d to ~c ~id i~tmmem by ~he au~on~ and dir~tion ol ~d Co~rauon. IN TES~MONY WHEREOF, [ ~ve hereumo ~t my h~d ~d affix~ my Official Se~ ~c ~y and y~ 6hi a~vc ~cn. .......... ~g g/g OBed ~dZff:9 gO-Og-J8~ [O ~ :~8 ~ues OBFP, INC. 3333-24 VIRGINIA BEACH BLVD.. VIRGINIA IIF, ACH, V,\ 23452 (7._~57) 340-8001 .Tune 19, 2003 City of Boynmn Beach 100 £. Boynton Beach Blvd. 8oynton Beach, FL 33425 RE: Water's Edge Marina ltoynton Beach. Flm'ida Surely Bond Dear Sir. ['lease be apprised thai with regard to thc above retErenced mailer, the real properly was ruled in the company Ocean Breeze Festival Park, Inc., aka OBFP, [_nc. The mar/na's operations were through Water's Edge Marina, Inc. Therefore the bond which was issued for improvements tn the real prol~rty should be refundcd to OBFP, !nc., a Virgiaia cra'potation which can be verified by title information in the City's records If any additional' infbrmation is deemed necessary, please do not hesitate to contact ale. Si ncerel~, ()BFP, FNC. (' Andrea M. Kihner, CPA ~ Vice Pre.~iden~ gig e§ed ~Vgt:Lt £O-og-unp !0 ! :A9 lues AERC of Virgina, Inc. 5025 Swetland Court Cleveland, Ohio 44143-1467 (via fax to 561-742-6054) May 9, 2003 Mr. James Cherof Attorney at Law City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Re: Performance Bond (approximately $11,000) for Boynton Beach Marina (aka Waters Edge Marina) Boynton Beach, Florida Dear Mr. Cherofi This letter is in response to your faxed letter to me dated May 5, 2003. To my knowledge, there was no assignment of rights either from Mr. Garcia to AERC or from AERC to Related with respect to the performance bond in question. Should you have any further questions, please call me at 216-797-8796. Sincerely, AERC of Virginia, Inc. James P. Donelan Director of Construction JPD/dh cc: Steve Baugh, representing Mr. Garcia (via fax to 561-364-0834) Marry Fishman, AERC File: Boynton Beach The Ci o Bo nton Beach OFFICE OF THE CITY A ITORNEY 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425.03 lO : (561) 742-6050 FAX: (561) 742-6054 VIA FACSIMILE (216) 797-8739 ONLY May 5, 2003 AERC of Virginia, Inc. 5025 Swetland Court Cleveland, Ohio 44143-1467 Attention: James P. Donelan, Director of Construction Re: Performance Bond - Boynton Beach Marina f/k/a Waters Edge Marina Dear Mr. Donelan: Thank you for your letter of April 25, 2003, regarding the reference Performance Bond. Although your letter is very helpful in our evaluation of who has standing to assert a claim to the Performance Bond proceeds, I need you to clarify one specific point. Did any assignment of rights from Garcia to AERC or from AERC to the Related Group cover either generically or specifically outstanding performance bonds which ran in favor of the City? I would appreciate your opinion as soon as possible. This inquiry should in no way be construed as an acknowledgement that the Bond is subject to release and is limited to ascertaining who has standing to make a claim for release of that Bond. Very/t~uly yours, Jai~es A. Che~of/ City Attorney JAC/ral S:\CA\DEVELOP\MARINA VILLAGE 2003\Letter - Performance Bond.dot America's Gateway to the Gulfstream AERC of Virgina, Inc. 5025 Swetland Court Clevela. nd, Ohio 44143-1467 (via fax to 561-742-6054) April 25, 2003 Mr. James Cherof Attorney at Law City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Re: Mr. Garcia's Performance Bond Boynton Beach Marina (formerly called Waters Edge Marina) Boynton Beach, Florida Dear Mr. Cherofi As requested by Mr. Garcia's representative, Steve Baugh, this letter is written regarding a pre- existing performance bond with the City of Boynton Beach that had never been released. Please be advised that Associated Estates Realty Corporation (AERC) does not have any interests, fights, or title to this $11,000 ($10,000 + $1,000) performance bond. The property, formerly known as Waters Edge Marina, was purchased by AERC from Mr. Garcia and has since been sold by AERC to The Related Group. Should you have any questions, please call me at 216-797-8796. Sincerely, AERC of Virginia, Inc. Director of Construction /dh Attachment cc: Steve Baugh, representing Mr. Garcia (via fax to 561-364-0834) Marty Fishman, AERC File: Boynton Beach The E.S.G. Co's. 3333 Virginia Beach Blvd. Virginia Beach, VA 23452 June 12, 2001 Quintus Greene Dept. of Development l;' 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Quintus: Please release the cash surety that is being held for the Boynton Beach Marketplace 0Naters Edge Marina) project, as we no longer have an equity interest in the project. I enclose for your convenience, a copy of the checks in question. Please forward the funds to the above address, attention Andrea Kilmer. Thanks for your prompt attention to this matter. If you have any questions please do not hesitate to call me at 561-379-3880. Steve Baugh cc: David Kelly Dept. of Engineering HAND DELIVERED DEVELOPMENT DEPARTMENT EN~INEERIN~ DIVISION MEMORANDUM NO. 95-230 TO: Grady Swarm Finance Director FROM: ~/~ Hukill, P.E.  lEngineer DATE: July 11, 1995 RE: RESTOIt~qTION SURET! FOR BO~NTON BEACH MARKET PLACE (WATERS EDG~ I~XNA INC.) Attached please find two Cashier's Checks totaling $11,000 submitted by Waters Edge Marina Inc. which represents restoration surety for dredge, fill and excavation work being done at the above referenced project. Please deposit in the appropriate account. WVH/ck C:WATEREDG.BND xc: Carrie Parker, City Manager V.-CONSENT AGENDA ITEM D.J. CITY OF BOYNTON BEd AGENDA ITEM REQUEST FUR vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) ~'_.... [] April l5, 2003 March 31, 2003 (Noon) [] June l7, 2003 June 2, 2003 (Noon) ~__ [] May6,2003 April l4, 2003 (Noon) [] Julyl,2003 June l6, 2003 (Noon) [] May20,2003 May5,2003(Noon) [] July15,2003 June30,2003(Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the July 15, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-147. EXPLANATION: PROJECT: Ed Carey Design (MSPM 03-002) AGENT: Ed Carey, Ed Carey Design OWNER: Ed Carey LOCATION: 2600 High Ridge Road DESCRIPTION: Request for a major site plan modification to construct a 1,940 square foot building addition to be used as a showroom for an existing 5,605 square foot business on 1.77 acres in the PID zomng district (Quantum Park PID). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATI~.~ N/A .~/fiL~~~ Development-D~partraent Director ~ - City Manager's Signature Planning and Zoning l~hlector City Attorney / Finance / Human Resources S:LPlanningXSHARED\WP~ROJECTS\Quantum Park Ed Carey Design (fica Vehicle Inspection)hMSPM 03-002 Bldg Addition~Agenda Rem Request Ed Carey Design MSPM 03-002 7-15-03.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNI'NG AND ZONI'NG DI'VI'S'rON MEMORANDUM NO. PZ 03-147 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee ]ohnson, AICP Planner DATE: .lune 16, 2003 PRO.1ECT NAME/NO: Ed Carev Design / MSPM 03-002 REQUEST: Major Site Plan Modification PRO3ECT DESCRTPTZON Property Owner: Edward and Susan Carey Applicant: Edward and Susan Carey Location: 2600 High Ridge Road (see Exhibit"A'- Location Map) Existing Land Use/Zoning: Industrial with the Quantum Park DR! Master Plan designation of Office-Industrial (OI) / Planned Industrial Development (PID) Proposed Land Use/Zoning: No change Proposed Use: Major site plan modification to construct a 1,940 square foot showroom addition to an existing 5,605 square foot building Acreage: 1.77 acres (77,148 square feet) Adjacent Uses: North: Developed property, zoned Light ]~ndustrial (M-l); South: Undeveloped Quantum Park Lot $9-B approved for townhouses (Quantum Park Village North) designated with a Mixed Use (MU) land use option, zoned Planned ]Industrial Development (P][D); East: Undeveloped Quantum Park Lot $9-B approved for townhouses (Quantum Park Village North) designated with a Mixed Use (MU) land use option, zoned Planned Industrial Development (PTD); and Staff Report - Ed Care¢ Design (MSPM 03-002) Memorandum No PZ 03-147 Page 2 West: Right-of-way for High Ridge Road, then farther west is undeveloped Quantum Park Lot 88 approved for townhouses (Quantum Park & Village North) designated with a Mixed Use (MU) land use option, zoned PID. Site Characteristic: The survey indicates that the site has been developed with a 5,605 square foot building, parking spaces and asphalt drive aisles. BACKGROUND Proposal: According to public documents, the applicant purchased the property in February 2001. This site was previously the location for the Florida Motor Vehicle Inspection station. Operated by the State of Florida in the early 1990% the use tested emissions of motor vehicles. Mr. Ed Carey, current owner of the subject site is requesting approval of a major site plan modification to construct a showroom addition to his existing Manufacturing - Furniture business. According to Mr. Carey, his business has engaged in manufacturing custom furnishings and d~cor items for residential, retail stores, and restaurants applications since :[971. The subject site received use approval (USAP 01-001) for design, manufacturing, storage, and distribution of d~cor items on March 6, 2001. Today, Mr. Carey states that "our work has ranged from fiberglass Great White sharks, nautical d~cor, boat models, to hand painted decorative chairs and other household furnishings (with a coastal theme). These are the type of unique items we will be displaying in our new showroom". If approved, the applicant will be required to obtain a "Wholesale" occupational license (see Exhibit "C" - Conditions of Approval). The project would be built within two (2) phases. The first phase would consist of constructing the showroom addition while the second phase would involve enhancing the facades of the existing building. No timeline has been given regarding the building fa(;ade enhancements of the second phase. ANALYSZS Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Traffic Division reviewed the statement and determined that the expansion project meets the Traffic Performance Standards of Palm Beach County. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). School: School concurrency is not required for this type of project. Driveways: The survey shows that there is one point of ingress / egress along High Ridge Road. No other driveway openings are proposed in conjunction with this building addition. Staff Report - Ed Care~ Design (MSPM 03-002) Memorandum No PZ 03-147 Page 3 Parking Facility: The existing manufacturing use requires one (1) parking space per 500 square feet of gross floor area. Likewise, the showroom addition would require one (1) parking space per 500 square feet of gross floor area. The mezzanine / storage proposed within the building addition would require one (1) parking space per 800 square feet of floor area. If approved the use would total 7,545 square feet (including the mezzanine area) and therefore, would require 15 parking spaces. The site plan shows that there are 18 existing parking spaces. Two (2) of the 18 parking spaces are designated for handicap use and no changes are proposed to the parking lot. The existing paved area, 41,003 square feet or 53% of the site, would remain unchanged. Landscaping: The existing landscaped area is currently 30,540 square feet or 40% of the site. With the building addition, the proposed landscaped / pervious area would be 29,:~60 square feet of the site. This change represents a 2% decrease in pervious area. The landscape plan plant list (sheet L-l) indicates that the site currently contains Live Oak, Scrub Oak, and Slash Pine trees. Tt also contains Yaupon Holly, Wax Myrtle, and Cocoplum hedges as well as various types of groundcover. The landscape plan shows that the front landscape buffer contains Live Oak trees and Redtip Cocoplum hedges and a 1,800 square foot Pineland preserve that will remain intact. However, current regulations now require a signature tree (Yellow Elder, Tibouchina granulsola, or Bougainvillea) on both sides of the existing project entrance (see Exhibit "C" - Conditions of Approval). Building and Site: The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The proposed building addition has been designed as a one (1)-story structure. The proposed building would be connected to the existing building by a common roof. If not for the common roof, according to the Land Development Regulations, the proposed building addition would have to be situated at least 25 feet from the existing structure. The maximum height allowed in the PID zoning district is 45 feet. Although not dimensioned, when scaled, the proposed one (1)-story addition appears to be 29 feet in height. This would be less than the maximum allowable building height within the PI~D zoning district. However, the building dimensions must be shown on the elevation drawings, which would include the length of the stilts on which the structure is proposed (see Exhibit "C"- Conditions of Approval). As previously mentioned, the parking lot already exists and no changes are proposed to the lot in conjunction with this request for major site plan modification. Design: The addition would be located in front (west) of the existing building. The building would be placed at an angle compared to the existing building but almost parallel to the front property line. The goal of the applicant is to present an attractive building within which to display his manufactured goods. According to the applicant, the showroom would be designed with a "Key West" or nautical flavor, adorned with light blue standing seam metal roof. The main building color would be gray (Sherwin Williams #6001 - Grayish) with the accent in white (Sherwin Williams #6553 - Heavenly White). This building would be constructed during the first phase. The applicant worked with staff to try to architecturally connect the Staff Report - Ed Care~) Design (MSPM 03-002) Memorandum No PZ 03-147 Page 4 proposed addition to the existing building. The existing building is very plain. The applicant has agreed (during the second phase) to enhance the building fac;ade of the existing building in order to make it more compatible with the proposed addition. The elevation pages do not indicate the color of the existing building. The elevation drawings (sheet A-lA) show that during Phase TT, the fa~;ade of the existing building would be enhanced with the same roof, shutters, light fixtures, and columns proposed on the building addition. Staff recommends that the fa~;ade enhancements proposed within Phase I~' begin no later than two (2) years (24 months) after the completion (certificate of occupancy) of Phase ! (see Exhibit"C" - Conditions of Approval). The Quantum Park Architectural Review Committee approved the project on May 12, 2003. Signage: No new signs are proposed in conjunction with this request for minor site plan modification. RECOMMENDA'r~ON: The Technical Review Committee (TRC) has reviewed this request for major site plan modification approval. Staff recommends approval, contingent upon all comments indicated in Exhibit"C"- Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\Projects\Quantum Park Ed Carey Design (fka Vehicle l:nspection)\HSPM 03-002 Bldg Addition\Staff Report2.rtf Location Map EXHIBIT"A" ED CAREY DESIGN ~ R'I AAA ?~ GATEWAY BLVD ,: , ,' Addition to: :: ~:~, Ed Carey Des n Rnvnten Beach Florida EXHIBIT "B" ,,,, ~, ,~. Addition to: Design Boynton Beach, Florida Ed Carey EXHIBFF "B';~ ,,, EXHIBIT "B" EXHIBIT "C" Conditions of AD roval Project name: Ed Carey Design File number: MSPM 03-002 Reference: 3nd review plans identified as a Major Site Plan Modification with a June 10, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X ENGINEERING DIVISION Comments: 1. At the time of permitting, show the zoning and land use on the site X characteristics map (Survey and Site Plan / Chapter 4, Section 7.A.). 2. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 3. Provide details for the proposed detention/retention areas and new riprap X endwall. FIRE Comments: 4. In addition to domestic requirements at a residual pressure of not less than 20 X psi, a fire flow of at least 1500 gpm is required. POLICE Comments: None X BUILDING DIVISION Comments: COA -.- 06/19/03 2 DEPARTMENTS INCLUDE REJECT 5. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 edition of the Florida Building Code. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 6. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the/each building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 Florida Building Code]: a) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. b) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/ drainage (civil plans). 7. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 8. Accessible ramps shall comply with the 2001 Florida Building Code 11-4.8 X through 114.8.8. 9. The second floor area shall comply with the requirements for vertical X accessibility or meet the exceptions noted in the 2001 Florida Building Code Section 11-4.1.2. 10. The new toilet room shall comply with the 2001 Florida Building Code X Section 114.1.3(11), 11-4.2.3 and Figure 28. 11. Indicate the use of the second floor area and the minimum design load per the X 2001 Florida Buildinl~ Code Section 1601.2 and Table 1604.1. PARKS AND RECREATION Comments: None X FORE STER/ENVIRONMENTALIST COA - 06/19/03 3 DEPARTMENTS INCLUDE REJECT Comments: 12. The landscape design does not include the City signature trees at the project X ingress/egress location (Chapter. 7.5, Article II Sec. 5.C.3, N. PLANNING AND ZONING Comments: 13. At the time of permitting, the drainage plan shall be reviewed and approved X by the Engineering Division (Chapter 4, Section 7.F.). 14. Prior to the issuance of a building permit, the elevation pages (sheet A-2 and X sheet A-3) must indicate the proposed dimensions (including building height and the overall height. 15. All elevations must indicate the proposed colors, including the paint X manufacturer's name and color code (Chapter 4, Section 7.D.). 16. The existing building area (5,606 square feet) on the tabular data on sheet A- X 1 does not match the existing building area (5,605 square feet) on the tabular data on sheet A-lA. This discrepancy between the two must be corrected prior to the issuance of a building permit. 17. Staff recommends that the faqade enhancements proposed within Phase II X begin no later than two (2) years (24 months) after the completion (certificate of occupancy) of Phase I. 18. Applicant will be required to obtain a wholesale occupational license. X ADDITIONAL PLANNING & DEVELOPMENT BOARD COMEMENTS: Comments: 19. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 20. To be determined. ELJ S:\Planning\Shared\Wp\Projects\Ed Carey Dosign\MSPM 03-002 Bldg Addition\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ed Carey Design APPLICANT'S AGENT: Mr. Edward Carey APPLICANT'S ADDRESS: 2600 High Ridge Road Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Request major site plan modification for the construction of a 1,940 square foot showroom addition to an existing 5,605 square foot manufacturing business on a 1.77-acre lot in the PID zoning district. LOCATION OF PROPERTY: 2600 High Ridge Road 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: 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 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 ~ 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 S:\Planning\SHARED\WP\PROJECTS\Quantum Park Ed Carey Design (fka Vehicle Inspection)\MSPM 03-002 Bldg Addition\DO2,doc V.-CONSENT AGENDA ITEM D.2 CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17. 2003 (Noon.) [] June 3. 2003 May 19. 2003 (Noon) [] April 15. 2003 March 31. 2003 (Noon) [] June 17. 2003 June 2. 2003 (Noon) [] May6,2003 April l4, 2003 (Noon) [] Julyl,2003 June l6, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) ~-~ "- [] Administrative [] Legal .o? NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation "~ [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the July 15, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 6 to 1 vote, recommended that the subject request be approved, subject to the change in staff conditions to require a 25-foot greenway on the south side of the project and a 40- foot wide buffer along the east side. For further details pertaimng to the request, see attached Department of Development Memorandum No. PZ 03-150. EXPLANATION: PROJECT: Renaissance Commons (NWSP 03-007) AGENT: James Comparato, Carl Klepper, Compson Associates of Boynton, LLC OWNER: Compson Associates ofBoynton, LLC LOCATION: 1500 Gateway Boulevard DESCRIPTION: Request for site plan approval for a mixed use project consisting of a 10,662-square foot conm~rcial building combined with eight (8) townhouse units, a one (1)-story 4,338 square foot commercial building, 250 apartment units, two (2) parking garages, and 242 fee-simple townhouse units in a C-3 zoning district on 28,368 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:/'~'~/~, ~ N/A,~ .. ~.k~ ~/~(,- Develop~ntDepah:rnent Director ~' Cit~Manager's Signature Planning and Zoni~Director City Attorney / Finance / Human Resources S:\PlanningkSHARED\WP\PROJECTShRenaissance Commons'Agenda Item Request Renaissance Commons NWSP 03-007 7-15-03.dot S:~BULLETIN~FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DI"VISION MEMORANDUM NO. PZ 03-150 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM' Eric Lee Johnson, AICP Planner DATE: June 19, 2003 PRO.]ECT NAME/NO: Renaissance Commons / NWSP 03-007 REQUEST: New Site Plan PRQ3E(~I' DESCRZP'rZON Property Owner: Compson Associates of Boynton, LLC and Town and Country Builders, l~ncorporated Applicant: Compson Associates of Boynton, LLC and Town and Country Builders, Incorporated Agent: James Comparato and Carl Klepper Location: East side of Congress Avenue, north of the Boynton Canal (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: Mixed-use project including residential multi-family, townhouses, parking garage, and retail. Acreage: 28.36 acres (1,235,717 square feet) Adjacent Uses: North: Developed Motorola site, zoned Planned Industrial Development (PI:D); South: Right-of-way for Boynton (C-16) Canal, then farther south is vacant property, zoned Single-family Residential (R-1AA); Staff Report - Renaissi~nce Commons (NWSP 03-007) Memorandum No PZ 03-150 Page 2 East: Right-of-way for Lake Worth Drainage District (LWDD) Equalizing E-4 Canal, then farther east is the Boynton Beach Community High School, zoned PID; and West: Right-of-way for Congress Avenue, then father west are developed commercial properties, zoned Community Commercial (C-3). Project size: Dwelling Units: 258 Multi-family apartment units 242 Townhouse units 500 total dwelling units Commercial: ].5,000 square feet Parking Garage: Two (2) garages - 409 Parking Spaces Site Characteristic:: The subject property is a long rectangular shaped lot located east of Congress Avenue and extends eastward to the LWDD E-4 Canal. The boundary survey shows an existing metal fence that runs in a north-south direction along the western property line (near Congress Avenue). It connects to the same fence used on the Motorola site. The boundary survey also shows two (2) existing asphalt paths within the interior of the site. The boundary survey also shows various easements that were dedicated on the subject site. ff required, the abandonment and / or rededication of easements must be recorded prior to the issuance of the first certificate of occupancy. A force water main is proposed within an eight and one- half (8-1/2) foot wide utility easement along the south property line. Utility easements must be a minimum of ].2 feet in width. However, if a new or rededicated easement were proposed, which does not comply with the Land Development Regulations, approval of a variance would be required prior to the issuance of any building permits. All requests for relief from the Regulations are subject to the Planning 8, Development Board and City Commission review / approval (see EXhibit "C"- Conditions of Approval). The City Forester / Environmentalist conducted a field visit and determined the site currently contains three (3) burrowing owl nests. The applicant has obtained a permit (WN03058) from the State of Florida Fish and Wildlife Conservation Commission. The permit states the following: "The inactive burrowing owls may be destroyed in association with commercial construction provided that such destruction is effected beb~veen July 10, 2003 and February ].5, 2004, is completed immediately prior to construction activities, and is done at a time when the burrows are inactive and no owls are physically present at the burrows". The City Forester / Environmentalist would represent the City Of Boynton Beach to assist in the process to ensure adherence to the conditions of the permit. BACKGROUND Proposal: The owner, Compson Associates of Boynton, LLC, is requesting new site plan approval to construct a large-scale mixed-use project. The project would consist of Staff Report - Renaiss~qce Commons (NWSP 03-007) Memorandum No PZ 03-150 Page 3 258 apartment units, 15,000 square feet of commercial, two (2) parking garages, and 242 fee-simple townhouse units. All proposed uses are permitted in the C-3 zoning district. The commercial area would be divided into two (2) buildings and within two (2) different phases. The first phase would consist of the vast majority of the commercial development and all residential components while the second phase represents only the construction of the stand-alone commercial building proposed in the northwest corner of the site. Full site plan review would be required for the stand-alone commercial building proposed within Phase II (see Exhibit "C" - Conditions of Approval). No cross-access or parking agreements would be required for this building unless it is ultimately changed to a separate outparcel. A lift station located off the property (on the Motorola site to the north) may require upgrades as a result of this project. The required upgrade of the off- site lift station would be determined at the time of permitting. Concurrency: Traffic: Generally, a project's anticipated traffic is generated by two factors, namely the proposed use and its intensity. ]~ntensity is typically measured by the proposed building area (in square feet). A traffic statement was sent to Palm Beach County Traffic Division for their review and approval. The Traffic Division determined that the project is part of the previously approved Motorola Development of Regional Impact (DR:[) and meets the Traffic Performance Standards of Palm Beach County. The City's Engineering Division of Public Works is requiring various off-site improvements as a result of this project. For example, a left-turn lane on southbound Congress Avenue that would align with the entrance proposed at the southern portion of the subiect site. Also, the signalization at the existing intersection of Congress Avenue adjacent to Catalina Drive would require upgrading (see Exhibit "C" - Conditions of Approval). Drainage: Conceptual drainage information was provided for the City's review. The project would discharge to the LWDD E-4 Canal and would be limited by a control structure to 62.6 CSM at the 25-year storm event. Additional on-site retention would be provided within a new lake constructed off the northeast corner of the property adjacent to the LWDD E-4 Canal. A berm would be placed around the perimeter of the site with a top elevation equal to or exceeding the calculated 25-year three (3) day routed storm event to prevent unpermitted discharge from the site. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). School: The project has met the school concurrency requirements of Palm Beach County. Driveways: This project is proposing four points of ingress / egress (see Exhibit"B" - sheet SP- 2). The southern driveway is proposed along Congress Avenue and represents the largest opening (80 feet in width). This opening would be the only access point proposed directly onto Congress Avenue from the subject site. It directs traffic into Staff Report - Renaissance Commons (NWSP 03-007) Memorandum No PZ 03-150 Page 4 an internal circulation system. The other major opening directly onto Congress Avenue is proposed along the northern boundary of the subject project. The southern opening would accommodate two- (2) way traffic movement. Vehicles would enter the driveway from either a newly constructed left-turn lane on southbound Congress Avenue or a right-turn deceleration lane from northbound Congress Avenue. The exit onto Congress Avenue from this southern opening would be right-turn only. As previously mentioned, the other curb cut onto Congress Avenue would connect to a driveway that would run in an east-west direction along the northern limits of the subject property. Five (5) openings from the subject property are proposed on this driveway. The widths of these five (5) openings range from 20 to 25 feet. Four (4) of the five (5) openings appear to allow for two- (2) way traffic movement. The Engineering Division of Public Works is requiring that egress from the westernmost opening be right-turn only (see Exhibit "C' - Conditions of Approval). For added convenience, the two (2) easternmost openings would allow for traffic movement (from the townhouse portion) directly onto the driveway instead of navigating through the internal apartment / commercial circulation system. Throughout the entire project, the internal circulation system would consist of private rights-of-way, 22 feet in width and would be maintained by the property owner or property owners' association. The parking garages would have two (2) entrances of their own. Both driveway openings would allow for ingress / egress movements Parking Facility: The project proposes a mix of residential and commercial uses. Each one-bedroom apartment unit requires one and one-half (11/2) parking spaces. Two and three bedroom apartment units require two (2) parking spaces each. The project proposes 500 dwelling units (a mixture of one, two, and three bedrooms), which would require 983 parking spaces. The project also proposes :1.5,000 square feet of commercial area. Commercial uses require one (1) parking space per 200 square feet of floor area. Therefore, 75 parking spaces would be required. Based upon the proposed uses and their intensities, a grand total of 1,043 parking spaces would be required. The project proposes parking in the following scenarios: Traditional off-street surface parking spaces (].28 spaces), on-street parallel parking spaces (125 spaces), within two (2) parking garages (409 spaces), and within the townhouse garages (484 spaces). In conclusion, the project would provide a grand total of 1,146 parking spaces, or 103 spaces above the minimum required. The detail of the parking spaces (as shown on sheet SP-2) indicates that parallel parking spaces would be dimensioned nine and one-half (9-1/2) feet in width by 25 feet in length. All other parking spaces would be dimensioned nine and one-half (9-1/2) feet in width by 18 feet - six (6) inches in length, except for handicap spaces, which would be 12 feet in width with five (5) feet of striping by 18 feet in length. Landscaping: According to the tabular data (cover sheet), the total pervious area would equal 7.28 acres or 25.66% of the entire site. The landscape plan tabular data (sheet L7 of 7) indicates that 605 shade trees and over 557 palm trees are proposed. Approximately, 54% of the shade and 41% of the palm trees would be native species. The Land Development Regulations require that 50% of landscape material be native species. Plant substitution would be shown on the permitting Staff Report - Renaissaf~ce Commons (NWSP 03-007) Memorandum No PZ 03-150 Page 5 drawings (see Exhibit "C" - Conditions of Approval). The landscape plan also proposes 4,:L90 shrubs / accents, of which, 39% would be native species. Again, plant substitution can be shown on the rectified plans submitted for the permit process. The landscape plan (sheet L2 of 7) shows that the west (front) landscape buffer would contain Dwarf Podocarpus, ]:lex Burfordi, ]:mperial Blue Plumbago, Dwarf Cocoplum, Dwarf Yaupon Holly, Live Oak trees, Royal Palm trees, and .]apanese Fern trees. The interior landscape islands in the parking lot near the commercial area would contain Dwarf Cocoplum hedges and either Coconut palm trees, Brazialian Beaty Leaf, or Mahogany shade trees. The north landscape buffer would contain Live Oak trees with clusters of Sabal palm trees at the five (5) project entrances. Rows of Royal Palm trees are proposed along the main east- west street, east of fountain / roundabout. The median would contain two (2) Medjool palm trees. The street trees in the townhouse portion of the project would have rows of Live Oak shade trees (sheet L4 of 7). Also, each landscape island (behind each townhouse unit) would have an Alexander palm tree. The typical unit landscape plan (shown on sheet L6 of 7) indicates that each unit would contain a Crepe Myrtle tree in the front yard. These trees are required to be installed at minimum 12 feet in height with three (3) caliper inches (see Exhibit "C" - Conditions of Approval). The drawing also shows Indian Hawthorne, Dwarf Cocoplum, Ligustrum, Southern Magnolia, and .lamaican Caper. Building i~n~l Site: As previously mentioned, all proposed uses are permitted in the C-3 zoning district. However, multi-family residential uses would not adhere to the setback requirements of the C-3 zoning district. Rather, multi-family (such as apartment and townhouses) are required to conform to the setbacks of the Hulti-family Residential (R-3) zoning district despite being proposed within a commercial zoning district. This issue will be discussed later in this paragraph. For clarification purposes, the site is divided into four (4) quadrants as shown on the overall site plan (sheet SP-:~). Quadrants one and two represent the western half of the project and Quadrants three and four represent the eastern half of the project. The western half would a mixture of uses such as the apartment buildings, the two (2) parking garages, the stand-alone commercial building, a row of townhouse buildings, and the mixed-use building. Conversely, the eastern half of the project would only contain the townhouse units. Each half would be separated by a system of lakes. Most of the building and site design would generally meet code requirements when staff comments are incorporated into the permit drawings. However, as currently proposed, the plans show that the townhouses would encroach into the required 40-foot wide front setback (along Congress Avenue) and the required 40-foot wide rear setback (along the E-4 Canal). The plans either need to be revised to conform to the R-3 setback requirements or the applicant would have to formally request and be approved for relief (variance) from the Land Development Regulations (see Exhibit "C"- Conditions of Approval). The latter of the two options would require additional staff review, public noticing, and approval by the Planning & Development Board and City Commission. Additionally, staff recommends incorporating a multi-purpose, meandering trail into the design of the required rear setback, essentially creating a usable "greenway" running along the length of the canal, which would eventually link up to Quantum Park. This concept of a "greenway" was previously discussed when the property was rezoned from Staff Report - Renaissance Commons (NWSP 03-007) Memorandum No PZ 03-150 Page 6 to C-3. It should be noted that the current owner was not involved in those past discussions. However, a usable "greenway" would finally be realized (as per with this new site plan) with the cooperation and altruism of the current owner / developer. The maximum building height in the C-3 zoning district is 45 feet. Many of the buildings would have varying heights but none would exceed this height limitation. However, the elevation drawings of the mixed-use building fail to indicate the height of the peak of the decorative cupola (sheet A-3). If the peak of this portion of the roof exceeds 45 feet, the applicant would either be required to reduce the height to comply with the district regulations or request and be approved for a height exception (see Exhibit "C" - Conditions of Approval). The apartment buildings proposed on the western portion of the site are proposed at four (4) stories and 45 feet in height. The elevation drawings do not indicate the height of the parking garages but they appear to comply with the district height limitations. The townhouses (shown on the eastern portion of the site) would be three (3) stories tall and less than 45 feet in height. The elevation drawings must indicate the building height of the townhouse buildings as defined by the Land Development Regulations (see Exhibit "C" - Conditions of Approval). Design: A system of lakes and streets would essentially separate the east and west halves (Quadrants One / Two with Quadrants Three / Four) without the use of guard gates and fencing. Staff endorses this concept of connectivity with linear streets and on street parking, which are common traits of Traditional Neighborhood Development (TND). Extensive high quality treatment of ground floor public space, discrete separation of private residential spaces (to the rear and upper levels of the project), articulated building bases with store fronts, pilasters, cornices, and arcades are proposed on the mixed-use building. Also, the roof material would be composed of Terracotta Cement S-tile Roof. No elevations were provided for the stand-alone commercial building. For consistency and compatibility, staff recommends that this building should incorporate the same architectural enhancements as that of the mixed use building such as foam banding, similar building colors, same roof type, awnings, and similar exterior finish (see Exhibit "C" - Conditions of Approval). All buildings in the western portion would be multi- colored and have a stucco exterior finish. The building colors would be light brown (IC! #553) and light yellow (fCI #667) with a grayish (IC! #769) trim. The canvas awnings would be hunter green and the buildings would be adorned with black metal railings. The town houses would have three (3) color schemes. They are as follows: Scheme #1 would consist of Interactive Cream (SW #6:t13) and Burlap (SW #6137) building colors with Roycroft Bottle Green (SW #2847) for the doors and shutters. The trim and facias would be Pearly White (SW #7009). The Monier S-Tile roof would be Apple Cider; Scheme #2 would consist of New Colonial Yellow (SW #2853) and Decorous Amber (SW #0007) with Polished Mahogany (SW #2838) for the doors and shutters. The trim and facias would be Pearly White (SW Staff Report - Renaissance Commons (NWSP 03-007) Memorandum No PZ 03-150 Page 7 #7009). The Monier S-Tile roof would be Kahlua; Scheme #3 would consist of Compatible Cream (SW #6387) and Empire Gold (SW #0012) with Aurora Brown (SW #2837) for the doors and shutters. The trim and facias would be Pearly White (SW #7009). The Monier S-Tile roof would be Kahlua. The proposed project is further enhanced with easily accessible public spaces, which would be open year round. Internal public space in the form of a small parks dot the eastern half of the project while a large recreation park is proposed on the western half. A central feature of the roundabout is a water fountain. Its placement would be used as a focal point, although subtly, it provides relief and balance to the hardscape and landscape elements of the streetscape. The use of brick pavers would be generously utilized throughout the western portion of the site. The outdoor freestanding lighting fixture detail (sheet SP-~-) shows that the structure would be approximately 15 feet tall and would come with a variety of lighting heads. $ignage: No signage is proposed on the apartment or townhouse buildings. No signage is proposed on the parking garages. The elevation of the commercial building (sheet A-3) shows that each tenant would have 10 to 12 wall signs. It appears as though each wall sign would be approximately 31 square feet in area. Additionally, each sign would be similar in that it would contain reverse channel Helvetica letters. Once the building is built and all tenants of the commercial buildings are determined, the cumulative area of all wall signage would have to comply with Chapter 21, Article IV, Section 2.C. of the Land Development Regulations (see Exhibit "C" - Conditions of Approval). The project is proposing four (4) monument-style residential subdivision entrance signs, which would be permitted under Chapter 21, Article IV, Section 1.D. Two (2) of the four (4) signs would be located on each side of the main southwest entrance. The elevation drawing (sheet A-].5) shows that the exterior finish and color of the Entry Wall Elevations would match the commercial building (light yellow o IC! #667 with a grayish - ICI #769 trim). The wall and black metal fencing would be six (6) feet in height. The sign plate on the entry wall would be constructed of 12-inch by 12°inch marble tiles with four (4)-inch by four (4)-inch marble border trim. The center of the sign would read "Renaissance Commons", and be made of eight (8) -inch glossy black letters. Likewise, "Apartments" would be made of black lettering but only six (6)-inches in height. The third subdivision entry sign would be Located at the northwest corner of the site. As proposed, it would be identical to the aforementioned entry signs. The fourth subdivision entry wall sign would be located at the entryway located closest to the town house development. The wall elevations (as shown on sheet A-15) indicate that the sign would possess the same features as the other signs. Staff anticipates that the "Renaissance Commons Apartments" lettering of this sign would be modified in the future to match the ultimate name for the townhouse. If ultimately changed, staff (as a minor site plan modification) would review name changes to the sign. Staff Report - Renaissance Commons (NWSP 03-007) Memorandum No PZ 03-150 Page 8 RECOM MEN DATZO N: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\Projects\Renaissance Commons\Staff Report.rt'f Location Map RENAISSANCE COMMONS EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" q.:-~.... · ~ .--~ .......... ~ ~ ~ ~ ~ ~, ' ------~--~ .......... ~. xI .......... ~ , . ; j-~ . ~ . . ~ ~ ~ ~., : , , :_...___ _ ._.j,-,, - ..... "~- '~'-' ~ · .,. ~ EXHIBIT-"B" ....... " i 1 i~ I I I / I / ~l ~¢~i ,~d I~I'~~~~/~ ~= ~ , . ~ I ] ~ I~ ' . , ~ . . . 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"---/ :.~ :, ,i ~, l:!--II!fi' 'iii ? ~,~r,:.li k; MOURIZ ......... i. ,', ,,.,., ,~ ~ ! Il[ti!: ARCHITECTS & PIANNFR'.; .- EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" '', ~, L ., .. , ~. --.: ~ ..... i'-~:~ c'~ ~ , '~ ",, EXHIBIT "B" ~]! -',- ,,, EXHIBIT "B" Dl~lOI.m, ll. $O~'OLO HeO m EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ~@ EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ~' ~ ~ ~9'9" ~ ~¢Dgq~T~DN ~E~W, I~L~ZD~ ~'^x: (.~o~) EXHIBIT "B" EXHIBIT "B" ! "'" "'" '"" ~I F:~::::~F-~I ,,,, ,, ., _ _ _ EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" Town & Country Homes Boyton Beach, Flodda EXHIE IT "B" l~enaissance Commons Town & Country Homes EXHIBIT "B" Renaissance Commons Jr ~'~ iii!! r Town il! ,,, ~ jill i ~ ~ii~,l Boyton Beach, Florida EXHIBIT "C" " Conditions of Approval Project name: Renaissance Commons File number: NWSP 03-007 Reference: 2ndreview plans identified as a New Site Plan with an June 10, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. 2. Garbage collection is indicated to be by curbside pick-up; however the dead- X end configuration of the roads for garage access will not allow sufficient space for solid waste trucks. Rollout carts will have to be placed on the front side of the town home units or an alternate means of trash pick-up will be required. PUBLIC WORKS - Traffic Comments: 3. Provide signalization plans (if required) at the time of permitting. Modify the X signal at the intersection of Congress Ave. and the asphalt drive (extension of Catalina Dr. on the west side of Congress), with County concurrence, as specified by the results of the traffic analysis 4. Reconfigure the driveway in the northwest comer of the property so that it is X one-way into the site. Close the proposed median in the Catalina Dr. extension (as shown on the Schnars Preliminary Engineering plans, Sheet C 1 ors). 5. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.). Reference FDOT Standard Index 546 for the sight triangles along Congress Avenue. Use 25-foot sight triangles for the roads and driveways intersecting the north access road. 6. It is recommended that three-foot vertical delineators be placed along the west X side of the southbound left turn storage lane to prevent crossover traffic (Sheet C-2 of 5). Provide this information at the time of permitting. UTILITIES Comments: 7. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever COA .,. 06/20/03 2 DEPARTMENTS INCLUDE REJECT is greater (see CODE, Section 26-16(b)). 8. Easements, a minimum of 12 feet in width would be required to X accommodate all required utilities across lots with convenient access for maintenance, and where possible shall be centered on lot lines. A force main is proposed inside an eight - one half (8 V2) foot wide utility easement, which does not meet the 12-foot wide requirement for easements (Chapter 6, Article IV, Section 6). Either revise the civil drawings to ensure compliance with this requirement or obtain a variance from the Re~[ulations. ENGINEERING DIVISION Comments: 9. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. Ensure the Mouriz Salazar Site Plans match the Schnars Engineering Corp. Civil Plans. 10. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 11. In a May 23, 2003 letter from Mr. H. David Kelley, Jr., City Engineer, to Mr. X David M. Flett, "based on several discussions that this office has had with the proposed purchaser of the southern 23.368 acres of the original DRI tract, this office will grant the waiver request (for the intended sale thereof) on the condition that the purchaser recognizes that it will be required to replat this purchase in order to accommodate its residential / retail master site plan. In addition, the balance of the Motorola site will also require re-platting from the intended retail / commercial areas as approved in the Motorola DRI NOPC #1 application last November 2002 by the City Commission. This will require inclusion of the balance of the Motorola site with the existing industrial building (and its support amenities) and the above stated school site". This re-platting shall occur prior to the issuance of any building permits. 12. Lake excavation or fill operations shall require a separate Excavation & Fill X Permit, issued through the Building Department. This permit may be applied for during the site process. 13. Show proposed site lighting on the civil and landscape plans (Chapter 4, X Section 7.B.4.) The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (Chapter 23, Article II, Section A.l.a and Florida Building Code). Provide a note that the fixtures shall be operated by photoelectrical control and are to remain on until 2:00 a.m. (Chapter 23, Article II, Section A.l.a.) Include pole wind loading, and pole details in conformance with Chapter 6, Article IV, Section 11, Chapter 23, Article I, COA 06/20/03 3 DEPARTMENTS INCLUDE REJECT Section 5.B.7 and Chapter 23, Article II, Section A on the lighting plan. Glare, which is readily perceptible at any point at or beyond the property on which the use is located, is prohibited (Chapter 2, Section 4.N.7). Lighting shall be directed away from any residential uses (Chapter 2, Section 4.N.7). Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (LDR, Chapter 9, Section 10.F.5). Provide photometrics as part of your TRC plan submittals. Move the lighting detail and note to the photometric plan. Also, the location of the outdoor fi'eestanding lighting fixtures (as shown on the landscape plan) does not match that sight lighting, which is shown on the photometric plan. 14. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface CLDR, Chapter 23, Article II, Section A. 1 .b). 15. The roadway (including medians) on Congress Avenue has existing irrigation X and plant material belonging to the City of Boynton Beach. Any damage to the irrigation system and/or plant material as a result of the contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. Please acknowledge this notice in your comments response and add a note to the plans with the above stated information. 16. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 17. At the time of permitting, specify storm sewer diameters, inlets types, etc. on X drainage plan. Indicate grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 18. At the time of permitting, provide details for paving, grading, and drainage. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constructability at the time of construction permit application. 19. Sidewalks adjacent to parking lots shall be continuous through all driveways X and shall be 6 in. thick within driveways (Chapter 23, Article II, Section P). Typical sections need to be revised to reflect this as well as adding a note at the crossings on the plans. FIRE Comments: None X POLICE COA 06/20/03 4 DEPARTMENTS INCLUDE REJECT Comments: None X BUILDING DIVISION Comments: 20. Indicate within the site data the type of construction of each building as X defined in Chapter 6 of the 2001 Florida Buildin~ Code. 21. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 edition of the Florida Building Code. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 22. From the FIRM map, identify in the site data the title of the flood zone that X the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 23. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 24. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 25. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act 24 CFR 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 26. All bathrooms in the covered dwelling unit shall comply with the provisions X of the Federal Fair Housing Act 24 CFR 100.205 (C)(3)(IV), Requirement #7 (2), Paragraph (A) or (B). Clear floor space shall be provided at fixtures to allow a person in a wheelchair or other mobility aid the use of the fixtures. Clear floor space shall be shown on the plans and designate which design option of requirement #7 (A or B) is being used. 27. Buildings three stories or higher shall be equipped with automatic sprinkler X systems per Florida Statute 553.895. 28. The amenity building shall comply with Chapter 11 of the 2001 Florida X Building Code for handicap accessibility. 29. A water-use permit from South Florida Water Management District shall be X COA .~- 06/25/03 5 DEPARTMENTS INCLUDE REJECT required prior to issuance of the imgation permit. Florida Statute 373.216. A copy of the permit shall be submitted at time of perrmt application. PARKS AND RECREATION Comments: 30. The Recreation and Parks Department has reviewed the new site plan for the X Renaissance Commons. The Parks and Recreation Facilities impact fee is figured based on 258 multifamily housing units and 242 single family attached (Townhouse) Units. The fee is due at the time of the first applicable building permit. 258 multi-family units ~ $656 ea -- 169,248 242 single-family attached units ~ $771 ea = $186,582 Total $355,830 31. During the DRI process, the applicant promised to work with staff regarding a X periphery greenbelt along the south and east sides of the subject property. While not a requirement, staff recommends incorporating a 40-foot wide greenbelt into the design, in particular, along the south and east property lines. FORESTER/ENVIRONMENTALIST Comments: 32. A Lake Maintenance Plan document must be provided for the proper X maintenance of the lake plantings. A time zero and quarterly monitonng report for two years is required of the developer. 33. The applicant must design / install native species of upland trees, under story X and littoral plantings along 50% of the lake perimeter within the entire 20 foot wide lake easement. At the time of permitting, a cross-section of the design should be included on the landscape plan. 34. All newly installed trees noted on the Landscape Quantities list must be a X minimum of 12 feet in height, 3 inches DBH (4.5 feet above ground), Florida #1 quality (Chapter. 7.5, Article II Sec. 5.C.2.). 35. Revise the landscape plan to include the City signature trees at the project X ingress/egress locations (Chapter. 7.5, Article II Sec. 5.C.3, N.). 36. There is no irrigation system design included with the site plans (Chapter. 7.5, X Article II Sec. 5,A.). Provide an irrigation plan at the time of permitting. PLANNING AND ZONING COA .,- 06/25/03 6 DEPARTMENTS INCLUDE REJECT Comments: 37. The stand alone commercial building (shown as Phase II) proposed in the X northwest comer of the property will require separate site plan review. 38. If required, the abandonment and rededication of any easements must be X recorded prior to the issuance of the first certificate of occupancy. However, if a new or rededicated easement is proposed and does not meet the specifications of the Land Development Regulations, approval of a variance would be required prior to the issuance of any building permits. All requests for relief from the Regulations are subject to the Planning & Development Board and City Commission review / approval. 39. The townhouse buildings encroach into the required 40-foot wide front X setback (along Congress Avenue) and 40-foot wide rear setback (along LWDD E4 Canal) (Chapter 2, Section 5.G.2.). Revise the plans so that the buildings do not encroach into the required setbacks or request a variance from the Land Development Regulations. All requests for relief from the Regulations are subject to the Planning & Development Board and City Commission review / approval. 40. Ensure that the configuration of the parking areas (which includes the X placement of the interior landscaped parking islands) is consistent between all plans. Ensure that the total number of proposed parking spaces matches between the graphic and the tabular data. 41. On the overall site plan tabular data (Multi-Family / Retail Parcel Data (cover X sheet), ensure that the entry//3 matches with entries g4.d. and #4.h. 42. On the elevations of the permit plans, the cumulative signage area for all X commercial buildings shall comply with Chapter 21, Article IV, Section 2. 43. The Little Gem Magnolia (as shown on the Typical Unit Plan, sheet L6 of 7) X must be installed at minimum 12 feet overall height and three (3) caliper inches (Chapter 7.5, Article II, Section 5.C.2.). 44. Landscaping at project entrances shall contain a signature tree at both sides of X the entrance (Chapter 7.5, Article II, Section 5.N.). A signature tree is a tree with blossoms or natural color other than green intended to beautify project entrances and contribute to the city's image with this element of aesthetic conformity. Signatures trees include Yellow Elder, Tibouchina Granulosa. and Bougainvillea. Note that signature trees do not contribute toward the total number of required perimeter trees. Signature trees must have 6 feet of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). 45. Fifty percent (50%) of all site landscape material must be native species X COA .... 06/25/03 DEPARTMENTS INCLUDE REJECT (Chapter 7.5, Article II, Section 5.P). The landscape plan data (sheet L1 of 7) must be corrected to indicate the accurate percentages of native plant material. 46. The elevation drawings of the mixed-use building do not indicate the height X of the peak of the decorative cupola. If the peak of the decorative cupola exceeds 45 feet, the building height would have to be reduced to comply or the applicant would have to request and be approved for a height exception. 47. All elevation drawings must indicate the proposed building heights as defined X by the current definition of the Land Development Regulations. 48. For consistency and compatibility, staff recommends that the stand-alone X commercial building (Phase II) should incorporate the same architectural enhancements as that of the mixed-use building (i.e. foam banding, similar building colors, same roof type, awnings, and similar exterior finish). 49. Place a note of the site plan sheet SP-1 (under the General Notes) that no X screen or solid-roof enclosures are permitted for the townhouse buildings. Ensure that architectural integrity and character is maintained should the applicant choose to "screen-in" the front porch (under the 2nd story balcony). 50. Once the commercial buildings are completed and all tenants have been X determined, the cumulative area of all wall signage would have to comply with Chapter 21, Article W, Section 2.C. of the Land Development Regulations. 51. Staff recommends incorporating a meandering, multi-use trail into the design X of the rear 40-foot wide rear setback (along the LWDD E-4 Canal). Staff further recommends that this trail / pathway be eight (8) feet in width, but not less six {6) feet in width. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 52. Revise Condition #31 so that the plans would provide a 25-foot wide X greenbelt along the southern property line rather than a 40-foot wide greenbelt as orig/nally recommended by staff. The proposed greenbelt along the east property line would remain at 40 feet in width. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 53. To be determined. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Renaissance Commons APPLICANT'S AGENT: James Comparato and Carl Klepper - Compson Associates APPLICANT'S ADDRESS: 980 N. Federal Highway Suite 200 Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Site Plan approval for a 15,000 square foot Mixed Use building, including eight (8) townhouse units, four (4) four-story apartment buildings and 242 townhomes on a 28.368 acre site in a C-3 zoning district. LOCATION OF PROPERTY: 1500 Gateway Boulevard. DRAWING(S): SEE EXHIBIT "B" A'I-I'ACHED HERETO. × THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant 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 mC" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 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 S:\Plannmg~SHARED\W P~PRO J ECTS~Re~aissance Commo~s~DO.doc V.-CONSENT AGENDA CITY OF BOYNTON ITEM D.3 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting; Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon)---, -- ~7'_ [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (NoonS_~ '-:: '~ [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon : ~ -. [] Administrative [] Legal .c? _-5~ NATURE OF [] Announcement [] New Business eo 52:1> AGENDA ITEM [] City Manager's Report [] Presentation -"-:' [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the July 15, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-145. EXPLANATION: PROJECT: Seacrest Medical Tower (HTEX 03-004) AGENT: Francisco A. Solis OWNER: Francisco A. Solis LOCATION: NE comer of SE 23ra Avenue and Seacrest Boulevard DESCRIPTION: Request for a height exception of 8 inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of the decorative roof for the elevators to be 35'-8" in height, a distance of 8 inches above the 35-foot maximum height allowed for a building with under building parking in the C-1 zomng district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: __ N/A ~ ~~ Deve~<f~ment Dl~partment Director City Manager's Signature Planmng and Zonin~g lfiirector City Attorney / Finance / Human Resources S:LPlanning~SHARED\WP~PROJECTS',Seacrest Medical Tower',HTEX~genda Item Request Scacrcst Mod Tower HTEX 03-004 7-15-03.dot S:~BULLETIN~ORMSL0tGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-145 TO: Chairman and Members Planning & Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee .Johnson, AICP Planner DATE: .June 13, 2003 PROJECT: Seacrest Medical Tower / HTEX 03-00,~ REQUEST: Height Exception PRO.1ECT DESCR]:P'I'ZON Property Owner: Francisco A. Soils Applicant: Francisco A. Soils Agent: Lawrence Kramer with South East Services, Inc. Location: Northeast corner of Seacrest Boulevard and Southeast 23rd Avenue; Lot 67, Crest View Subdivision (see Exhibit"A"- Location Map) Existing Land Use / Zoning: Office Commercial (OC) / Office Professional (C-I) Proposed Land Use/Zoning: No change proposed Proposed Use: Medical office building Acreage: 26,076 square feet (0.60-acre) Adjacent Uses: North: Developed commercial (medical offices), zoned Office Professional (C-i); South: Right-of-way for Southeast 23rd Avenue, then farther south is developed commercial (Seacrest Open MR1), zoned Office Professional (C-l); East: Developed commercial property, zoned Office Professional (C-1); and West: Right-of-way for Seacrest Boulevard, then farther west is developed commercial ('The Outpatient Center of Boynton Beach), zoned Office Professional (C-1). .Page 2 Memorandum No. PZ 03.-145 BACKGROUND The applicant submitted a request for conditional use / site plan (COUS 03-006) approval for the construction of a 9,746 square foot medical office building. This application for a height exception accompanies the request for conditional use / site plan approval. The subject lot is located at the northeast corner of Seacrest Boulevard and Southeast 23rd Avenue. The maximum building height in the C- 1 zoning district is 30 feet and the building cannot exceed two (2) stories. However, according to Chapter 2, Section 6.A.3, conditional use approval would be required when projects are designed with under building parking areas. Tf designed with under building parking areas, the maximum building height could be 35 feet. The elevation (see Exhibit "B") shows that the building will be three (3) stories tall. The first "floor" would primarily consist of the parking lot under the building, storage area, and elevator shaft. The traditional office space would only occur on the second and third stories. ANALYSZS Land Development Regulations, Chapter 2, Zoning, Section 4. F.3, Height Limitations and Exceptions, states that in considering an application for an exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. Except for within the Central Business District (CBD), Nixed-Use Low (MU-L), and Mixed-Use High (MU-H) zoning districts, the standard citywide maximum building height is 45 feet. However, the maximum building height in the C-1 zoning district is 30 feet. In the Col zoning district, when proposed structures are to be built above subterraneous or ground level parking lots, projects are considered not as permitted uses but rather as conditional uses. Subterraneous parking areas are preferred over surface parking areas, however, they are only feasible if the property has adequate ground elevation and soil type for drainage solutions. Also, conditional uses are different from permitted uses in that they must comply with a separate set of developmental / performance standards as well as be the subject of public noticing. Also, in the C-1 zoning district, when a building is proposed above the parking lot (as in this case), the maximum allowable building height can be increased from 30 feet to 35 feet. The building as shown on the South Elevation on sheet A-4 (see Exhibit "B'~ is proposed at 29 feet - eight (8) inches. Therefore, the proposed building complies with the maximum allowable building height in the C-1 zoning district. The parapet wall (which screens the mechanical rooftop equipment) is proposed to be 33 feet - eight (8) inches in height and would also comply with the maximum building height of the C-1 zoning district. However, the peak of the pitched roof for the decorative cupola above the elevator shaft is proposed at 35 feet - eight (8) inches. The project therefore, would require an eight (8) inch height exception. Pitched roofs of decorative cupolas are architectural elements that are eligible to be considered for height exceptions. Staff determined that the project meets the intent of all criteria itemized in Chapter 2, Section 4.F.3. The decorative cupola (pitched roof) would provide an attractive feature to help beautify what would ordinarily be a plain fiat roof of an elevator shaft. The cupola serves no other function aside from aesthetic value and appeal. The cupola will not negatively impact adjacent properties in terms of reducing light or air. Granting of this height exception does not constitute a special privilege to the current property owner. Staff feels that the cupola would enhance the overall project dynamic and its exclusion would be detrimental to the design. It should be noted that the applicant diligently worked with staff to design a building that would be both architecturally compatible with this predominately professional / medical office district yet still function as a private autonomous unit. ~'t should also be Page 3 Memorandum No. PZ 03-145 noted that the pitch of the roof is designed "low" to minimize the magnitude of the requested height exception. However, any further reduction would reduce its aesthetic benefit. RECOMMENDAT~0N Based on the analysis contained herein, staff recommends that this request for a height exception of eight (8) inches be approved for the decorative cupola subject to the conditions of approval listed in Exhibit "C". Any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C" accordingly. S:\Planning\Shared\Wp~Projects\The Watershed Act II, Inc\HTEXSStaff Report.doc Location Map SEACREST MEDICAL TOWER EXHIBIT "A" EXHIBIT "B" I I I I I I I I I I Ill EXHIBIT "C" Conditions o£Appro~al Project name: Seacrest Medical Tower File number~ HTEX 03-00~ Reference: Elevation drawings with a June 6~ 2003 date stamr ....~rki.~ DEPARTMENTS 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 DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The elevation drawings should indicate the height of the peak of the roof over X both the elevator shaft and the stairwell. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. S:LPlarmingkShared'~Wp~h-oject~Seam-est Medical Tower'd'lTEXhCOA doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Seacrest Medical Tower APPLICANT'S AGENT: Larry Kramer- Southeast Architect Services, Inc. APPLICANT'S ADDRESS: 2298 NW 2'~ Avenue Suite 21 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Height exception of eight (8) inches LOCATION OF PROPERTY: Northeast corner of Seacrest Boulevard and Southeast 23rd Avenue DRAWING(S): SEE EXHIBIT "B" A'FI'ACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City 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: 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 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 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 S:\Planning\SHARED\WP\PROJECTS\Seacrest Medical Tower\HTEX~DO.doc " V.-CONSENT AGENDA ITEH E.1 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April l, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the July 15, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous (5 - 0) vote, recommended that the subject request be approved, subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-158. EXPLANATION: PROJECT: Phillips Industrial Park (NWSP 03-003) AGENT: John Phillips OWNER: John Phillips LOCATION: Lots 4 and 5, West Industrial Avenue DESCRIPTION: Request for site plan approval for a 14,480 square foot office/warehouse building, 6 material storage bins, and related site improvements on a 1.43-acre lot in the M- 1 Industrial zoning district. PROGRAM IMPACT: : - N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~~ Development Department Director City Manager's Signature Planning a~d Zor~.~ Director City Attorney / Finance / Human Resources S:~lanningLSHARED\WP~ROJECTS~Phillips Indusmal ParkL~.genda Item Request Phillips Industrial Pk NWSP 03-003 7-15-03.dot S:~BULLETIN%CORMS~AGENDA ITEM REQUEST FORM.DOC ;' DEVELOPMENT DEPARTMENT ':' PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-1S8 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee .]ohnson, A:[CP~'k'~-'' ~ Planner DATE: 3une 26, 2003 PRO3ECT NAME/NO: Phillips Industrial Park / NWSP 03-003 REQUEST: New Site Plan PRO3ECT DESCRIPTION Property Owner: Mr. 3ohn Phillips Applicant: Mr..Johns Phillips Lot 5, West Industrial Avenue (see Exhibit "A"- Location Location: Map) Existing Land Use/Zoning: :[ndustrial (:[) / :Industrial Proposed Land Use/Zoning: No change Proposed Use: Request site plan approval for the construction of a :L4,480 square foot office / warehouse building and six (6) outdoor storage bins Acreage: 1.43 acres (62,706 square feet) Adjacent Uses: North: Undeveloped property approved for service and sales of construction machinery (Vermeer Southeast Sales), zoned Industrial South' Undeveloped property, zoned Industrial (M-l); East: Right-of-way for the C.S.X. Railroad, then farther east is the right-of-way for Interstate 95; and West: Right-of-way for Industrial Avenue, then farther west is developed residential, zoned Single-family residential (R-lA). Staff Report - PhilEps%ndustriat Park (NWSP 03-003) Memorandum No PZ .¢3-158 Page 2 Site Characteristic: The survey shows that the subject property is a long rectangular lot. The highest elevation (22.6 feet) is located along the north property line. The survey also shows a 50-foot wide drainage easement currently located at the front of the property and a 10-foot wide utility easement, which runs in a north-south direction, located along the rear (east) of the property. It was believed that the active water main was located within the confines of the easement. With that understanding, the original project proposed seven (7) storage bins west of the building and east of the utility easement. However, the applicant recently learned the exact location of the six (6) inch water main. Although the survey does not show it, the Ductile Iron Pipe is currently located 21 feet - six (6) inches west of the east property line or 11 feet - six (6) inches west (outside) of the westerly extent of the 10-foot wide utility easement. No buildings or storage bins can be built on top of this water main, regardless of where the utility easement is located. As a result, the applicant has agreed to eliminate one (1) of the storage bins to ensure that no conflict would occur with the water main. BACKGROUND Proposal: According to public documents, the applicant purchased the property in .June 2002. The proposal is to construct a :~4,480 square foot office / warehouse building. The site plan (sheet SP-~.) shows that the building would be comprised of eight (8) bays. The applicant intends to occupy the largest bay (Bay #8) and either lease or sell the remaining bays as condominium units. The intent of the project is to build a one (Z)-story structure tall enough to also accommodate a mezzanine area for additional storage. The proposed uses and their intensities will be discussed in the "Parking" portion of this staff report. As previously mentioned, the site plan (sheet SP-].) shows that six (6) outdoor storage bays are proposed at the rear of the property. The site plan indicates that these storage bins could contain concrete sand, clean fill, lawn sand, gravel rock, pea gravel, or road rock. These would all be permissible provided that the actual storage of materials occurs incidental and accessory to an allowable principal use. The storage bins would adequately screen the materials in a manner consistent with Chapter 2, Section 8.A.5.b.(13). Finally, the project would be built in one (1) phase. ANALYSZS Concurrency: Traffic: A:traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division must approve the statement prior to the issuance of a building permit (see Exhibit "C" - Conditions of Approval). Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). School: School concurrency is not required for this type of project. Staff Report - Phillips rr~dustrial Park (NWSP 03-003) Memorandum No PZ Q~:158 Page 3 Driveways: One (1) entrance is proposed along Industrial Avenue. The site plan (sheet SP-1) shows that the driveway would be shared with the property to the north (Lot 6 - Vermeer Southeast Sales). Both property owners have entered into an agreement that they would share this point of ingress / egress. The entrance to both properties is proposed on the subject property while the exit for both properties is proposed on Lot 6. Parkin~j Facility: Generally, required parking for industrial / warehouse users is based on the following methodology - one (1) parking space per 500 square feet of gross floor area. The site plan (sheet SP-1) shows that each bay would be at most 1,512 square feet in area with approximately 20% of the bay set aside for office uses. Also, each occupant would have the option of constructing a mezzanine level for storage purposes. Storage areas require one (1) parking space per 800 square feet of floor area. Required parking for offices is based one (1) parking space per 200 square feet of gross floor area. At total build out, the project would be comprised of 9,520 square feet of warehouse space, 2,858 square feet of office area, and 2,102 square feet of mezzanine area. Therefore, the total number of required, and provided parking spaces would equal 38 spaces. All 90-degree spaces would be dimensioned nine (9) feet - six (6) inches in width by 18 feet - six (6) inches in length, except for the two (2) handicap spaces. The dimensions of the handicap spaces would be enlarged to comply with the requirements of the American with Disabilities Act (ADA). Since the subject property lies within the Community Redevelopment Agency area, the backup distance behind the parking spaces can be reduced from 27 feet in width to 24 feet in width. The proposed backup distance is 24 feet - 10 inches in width. As proposed, the total paved area would amount to 37,338 square feet or $9% of the site. Landscapincj: The proposed landscaped (pervious) area would be 12,331 square feet or 18.6% of the site. The landscape plan plant list (sheet LP-1) shows that the front (west) landscape buffer would be approximately 62 feet in width. A vast majority of it, however, would be comprised of the SO-foot wide drainage easement. The landscape plan currently shows a row of Ixora "Nora Grant" shrubs and four (4) Royal palm trees. In any case, the front landscape buffer shall consist of a combination of colorful groundcover plants and a minimum of two (2) colorful shrub species planted in a continuous row (see Exhibit "C" - Conditions of Approval). The south landscape buffer would consist of a Purple Glory and Live Oak' trees and a row of Redtip Cocoplum hedges. The north landscape buffer (which would be shared with Lot 6 per a recorded agreement) would consist of a mixture of trees and Redtip Cocoplum hedges. Finally, the rear landscape buffer would consist of the same landscape material as the aforementioned buffers. Building and Site: The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The proposed building addition has been designed as a one (1)-story structure. The maximum building height in the M-1 zoning district is 45 feet. The proposed building would be 22 feet in height with the top portion of the parapet walls reaching as high as 28 feet - two (2) inches. The structure would comply with all required building Staff Report - Phillips.f~dustrial Park (NWSP 03-003) Memorandum No PZ 07158 Page 4 setbacks. The floor plan (sheet A-l) shows the building would be 250 feet wide and 48 feet in depth. On sheet LP-1, the "Light Pole Detail" shows that the outdoor freestanding lighting fixtures would be 20 feet in height and made of a smooth concrete pole. This would be compatible with the building. Design: The proposed building would have the typical characteristics of an industrial building. However, the elevations (sheet A-2) show that all building facades would be enhanced with decorative diamonds and score lines (painted Benjamin Moor #240~. -"Hunter Green'3. The top of the parapet wall would be enhanced with the same color trim work. Also, hunter green decorative aluminum Iouvered Bahama style shutter / awnings would be placed above the entry doors and window to each bay. The building would be painted two (2) different colors, namely tan (Benjamin Moore #2165 -"Dark Beige" and cream (Benjamin Moore #2153 -"Rich Cream'S. The storage bins proposed at the rear of the building would be painted to match the darker building color (Benjamin Moore #2165 -"Dark Beige'3. $ignage: The elevation (sheet A-2) shows that 30-square foot wall signs would be placed above each hunter green Bahama shutter / awning. Each sign would have hunter green plastic wall mounted letters. However, according to Chapter 21, Article ]:V, Section 5.C, the cumulative area of all wall signage cannot exceed one and one- half times the length of the building fa(;ade. A freestanding sign is proposed near the front entrance within the 50-foot wide drainage easement. The "Monument Sign Detail" (sheet SP-1) shows that the sign would be nearly eight (8) feet tall and have signs for multiple tenants. The structure would consist of precast stone column pedestals. The molding would match the building color(s). Staff recommends converting the structure to a monument sign by "filling in" the base of the structure. The applicant has agreed to staff's recommendation. Either way, the base of the sign shall be enhanced with colorful groundcover plants and a minimum of two (2) shrubs (see Exhibit "C" - Conditions of Approval). RECOMMENDATION: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "C' - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\proJects\Ph~llips Industrial Park\Staff Report.rtf ..- Location Map EXHIBIT"A" ':' PHILLIPS INDUSTRIAL PARK EXHIBIT "B" ' ~ ! ' . ~, ~" ,. ~.~.,, .~, ~ ~,~ ~ ~~ : ~j,, .......... ,~;=-~;:~:;;~ ......... ~,~ ~r_ _ ~ EXHIBIT "B" ~=~ ~ ,:~.j !!ii ~-~- , EXHIBIT B" '.::4 ~ ........ : .- ~ l:i; Iii ' , i, ',~ :~ ~ ..... .'.' *"i* '~itt] ! EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" " EXHIBIT "C" "~ Conditions of Approval Project name: Phillips Industrial Park File number: NWSP 03-003 Reference: 3rd review plans identified as a New Site Plan with a June 24, 2003 Planning and ZoninE Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach Count~ Traffic Engineering. UTILITIES Comments: 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). Plan sheet #WS-I reflects one (1) fire hydrant which is insufficient to deliver the required fire flow. Either add an additional fire hydrant (appropriately spaced) or provide a sprinkler system within the building. ENGINEERING DIVISION Comments: 3. A photometrics plan will be required at the time of permitting. X 4. Full drainage plans will be required at the time of permitting (Chapter 6, X Article IV, Section 5). 5. Paving, drainage and site details will be required and reviewed at the time of X permitting. All engineering construction details shall be in accordance with the applicable Cit7 of Boynton Beach Standard Drawings. FIRE Comments: None X POLICE COA -- 07/02/03 2 DEPARTMENTS INCLUDE REJECT Comments: None X BUILDING DIVISION Comments: 6. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 edition of the Florida Building Code. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 7. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible parking spaces and the accessible entrance doors to the tenant space. The symbol, required to be installed along the path, shall start at the accessible parking spaces and terminate at the accessible entrance doors to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty- four (44) inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with Section 4.3 (Accessible Route) and 4.6 (Parking and Passenger Loading Zones) of the Florida Accessibility Code for Building Construction. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible rome is in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 8. At time of permit review, submit signed and sealed working drawings of the X proposed construction: o o 9. Vertical accessibility to the second floor/mezzanine area shall be required per X 2001 Florida Building Code, Sections 11-4.1.2, 11-4.1.3(5) for New Const~-uction and Section 11-4.1.6 for Alterations. PARKS AND RECREATION X Comments: None COA 07/02/03 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 10. Prior to the issuance of a building permit, the Palm Beach County Traffic X Division must approve the traffic impact statement (Chapter 4 Section 8.F.). 11. An Environmental Review permit will be required pursuant to Chapter 2, X Section 8.A.2.b.(6). 12. The proposed 24-foot wide sliding gate and the chain link fence shall not X exceed six (6) feet in height. 13. The front (east) landscape buffer shall consist of a combination of colorful X groundcover plants and a minimum of two (2) colorful shrub species planted in a continuous row (Chapter 7.5, Article II, Section 5.D.). 14. On the landscape plan (sheet LP-1) plant list, correct the spelling of the X "Thyrallis" shrubs. 15. On the elevations (sheet A-2), indicate the "North", "South", "East", and X "West" elevations. 16. Wall signage shall not exceed that allowed by Chapter 21, Article IV, Section X 5.C. 17. The base of the monument sign shall be enhanced with colorful groundcover X plants and a minimum of two (2) shrubs (Chapter 7.5, Article II, Section 5.0.). 18. Staff recommends converting the freestanding pole sign to a freestanding X monument style sign (Chapter 2 l, Article 4, Section 5.B.). 19. Staff recommends installing Thryallis shrubs or alternate plant material X (subject to the City Forester / Environmentalist's review and approval) within the middle interior landscape island that contains both a fire hydrant and freestandin~ li~,ht fixture. COMMUNITY REDEVELOPMENT AGENCY CONDITIONS Comment: 20. None X COA 07/02/03 4 DEPARTMENTS / INCLUDE IILEJECT CITY COMMISSION CONDITIONS 1 Comments: 16. To be determined. , ELJ S:\Planning\Shared\Wp\Projects\Phillips Industrial Park\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: ". Phillips Industrial Park -:. APPLICANT'S AGENT: John Phillips APPLICANT'S ADDRESS: P.O. Box 292414 Davie, FL 33329 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a 14,480 square foot office-warehouse building on a 1.43-acre lot in the M-1 zoning district. LOCATION OF PROPERTY: DRAWING(S): SEE EXHIBIT "B" AT-I'ACHED 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 Community Redevelopment Agency, 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: 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 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 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 S:\Planning\Shared\Wp'~Pro~cts',Philli~s Indus~al Park'~)O.doc V.-CONSENT AGENDA ITEM E.2. CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April I, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon/ [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the July 15, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous (5 - 0) vote, recommended that the subject request be tabled to the August meeting pursuant to a request by the applicant to provide additional time to consider architectural enhancements to the project. For further details pertaining to the request, see attached Deparmaent of Development Memorandum No. PZ 03-100. EXPLANATION: PROJECT: The Paving Lady (NWSP 03-0 0 8 ) AGENT: Thomas Potter OWNER: Janice M. Riley-Potter LOCATION: 1000 W. Industrial Avenue DESCRIPTION: Request for site plan approval for construction of a 12,480 square foot, industrial building, with related site improvements on a 1.44-acre lot in the M- 1 Industrial zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: :: N/A ALTERNATIVES: N/A Development Department D/rector ' Cit~ Manager's Signa~ Planmng and Zon(m~ Director City Attorney / Finance / Human Resources S:h°IanningLSHARED\WPLPROJECTSLPaving Lady'Agenda Item Request The Paving Lady NWSP 03-008) 7-15-03.dot S:~BULLETIN~ORMS~,AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DI¥ISION MEMORANDUM NO. PZ 03-100 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency Board and City Commission THRU: Michael Rumpf~'~ Planning and Zoning Director_ ~ FROM: Maxime Ducoste-A. ~,Co~2,- ~' Planner DATE: June 19, 2003 PROJECT NAME/NO: Paving Lady / NWSP 03-008 REQUEST: New Site Plan PR03ECT DESCRIP'I'ZON Property Owner: Janice M. Riley-Potter Applicant: Thomas Potter Agent: Thomas Potter Lot 3 Boynton ]Industrial Park North (see Exhibit "A" - Location Location: Map) Existing Land Use/Zoning: Industrial/M-1. Proposed Land Use/Zoning: No change proposed Proposed Use: Paving contractor warehouse. Acreage: :t.44 acres (62,694 square feet) Adjacent Uses: :: North: Vacant property (Lot # 4) with an ]:ndustrial land use designation and zoned Industrial (M-Z); South: Developed property (Lot #2) warehouse/industrial business with an ]:ndustrial land use designation and zoned :Industrial (M-l); East: C.S.X. Railroad Right-of-Way; and West: West :Industrial Avenue right-of-way, farther west are developed single-family homes with a Low Density Residential designation and zoned R-:[-A. Staff Report - Paving Lady (NW,~. 03-008) Memorandum No PZ 03-100 Page 2 ~: Project size: Office: 2,800 square feet Warehouse: 1,250 square feet Future building: 1,440 square feet Site Characteristics: The site is currently an undeveloped cleared, 1.44-acre lot. ft is predominately vegetated with a variety of overgrown grasses. There is no other vegetation of any significance. The subject property is surrounded by other industrial uses, and zoned M-1. The north property line of the subject property is screened by a chain link and wood fence. BACK~iROUND Proposal: The applicant, Thomas Potter is seeking approval to construct a 2,800 square foot building measuring fourteen feet (14'-0") in height, and a 1,250 square foot warehouse building with a height of twenty-one feet (21"-0"). This proposal includes a future 1,440 square foot warehouse building. Further, a "paved equipment storage area" is proposed at the rear (east) of the property. The buildings, with related parking will be for a paving contractor business (See Exhibit "B" - Proposed Site Plan). ANALYSZ$ Concurrency: Traffic: A traffic statement for this project was submitted and was sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined the project is in compliance with the Traffic Performance Standards of Palm Beach County. 9r~inage: Conceptua! drainage information was provided for the city's review. The city's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred to time of permit review (see Exhibit "C" - Conditions of Approval). Driveways: The project proposes one (i) main point of ingress / egress along West Industrial Avenue. The entrance would be comprised of a 32-foot wide ingress / egress driveway. The proposed on-site traffic circulation system consists of :: one (1), two-way drive aisle 27-feet in width, extending through the interior of the site. Since the project is within the Community Redevelopment Agency boundaries, the required backup distance for parking lot drive aisles is reduced from 27 feet to 24 feet in width. Parking Facility: The parking spaces required for the proposed project have been tabulated based on the ratio of one (1) space per 500 square feet of gross floor area, which is required for manufacturing and industrial uses. Based on the total square footage proposed, li parking spaces are required. However, the applicant is providing a total of 15 parking spaces including two (2) handicap spaces. All spaces except the handicap spaces will be dimensioned nine and one half feet by eighteen and one-half feet (9 1/2' x 18 1/2') and will include wheel stops. Staff Report - Paving Lady (NW.,~ 03-008) Memorandum No PZ 03-100 Page 3 Landscaping: The proposed landscape material would fully meet the code requirements when staff comments are incorporated. The proposed pervious or "green" area is ll,473 square feet or 19% of the total site. A 50-foot wide drainage easement is currently located along the western (front) property line. A seven (7) foot wide landscape buffer is proposed east of the aforiementioned easement area. This landscape buffer would contain Royal Poinciana and Yellow Elder trees with ]~xora Nora Grant and Blue Plumbago shrubs to be planted at the base of the trees. A landscape buffer five (5) feet in width would be provided along the north, south, and east property lines. These perimeter buffers will have a row of Cabbage Palm, Live Oak, and Golden Trumpet trees. The foundation plantings around the building are extensive, exceed code requirements and further enhance the site. The development would be provided with the required amount of perimeter and internal landscaping as required in the Land Development Regulations, Chapter 7.5 Article Building and Site: Building and site regulations would fully meet code when staff comments are incorporated into the permit drawings. The maximum height allowed by the zoning district is 45 feet. All proposed buildings would comply with this maximum height requirement. Design: The proposed building facade, as viewed from the south elevation (see Exhibit "B"), is standard of the typical one (1)-story industrial structures constructed in this M-1 zoning district. The proposed building front fa(;ade would have a single door entry covered with a yellow awning facing south. The proposed rectangular-shaped building would be constructed of stucco painted white (Behr W-F-620). Banding with multiple score lines is proposed at the higher portion of the building and to be painted yellow (Behr S-G-350) and black (Behr DC4C-20-4) on a stucco finish. The window and single door entry will be white while accent band trims will be black in color. Signage: The project is proposing one (1) wall sign. The wall sign measures 14.5 square feet and would be located on the proposed yellow awning covering the entry on the east facade depicting the company's name. One (:t) double-faced freestanding monument sign is proposed depicting "The Paving Lady, [nc". lettering measuring 36 square feet in area. This site sign is to be placed in the "drainage ditch" and would extend approximately 6 feet above the sidewalk grade. The proposed wall signs and the freestanding sign comply with sign standards including maximum sign area and heighbas set forth in the Land Development Regulations, Chapter 21. RECOMMENDAT[ON: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. The Planning and Zoning Division recommends that this request for site plan be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Staff also recommends that the deficiencies identified in this Exhibit "C" be corrected on the set of plans submitted for building permit. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planmng\Shared~Wp\Projects\PAV[NG LADY~NWSP 03-O08\Sl:aff R~pOf'[.doc Location Map ~x~,~n-"A" PAVING LADY NWSP 03-008 EXHIBIT "B'~i EXHIBIT "B" I " EXHIBIT "C" .'. Conditions of Approval Project name: The Paving Lady File number: NWSP 03-008 Reference: 2n'i review plans identified as a New Site Plan with a June 17, 2003 Planning & Zoning Department DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article W, Section 16, or the requirement imposed by insurance underwriters, whichever is ~eater (see CODE, Section 26-16(b)). FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Conuilents: 2. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 3. Provide written and graphic scales on all sheets. X 4. Indicate to what standard the project is to be constructed; if the FDOT X Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 5. Show proposed site lighting on the landscape plans (LDR, Chapter 4, X Section 7.B.4.) The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section A. 1.a and Florida Building Code). Provide a note that the fixtures shall be Conditions of Approva~ DEPARTMENTS iNCLUDE REJECT operated by photoelectrical control and are to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A. 1.a.) Include pole wind loading, and pole details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A on the Lighting Plan. Glare which is readily perceptible at any point at or beyond the property on which the use is located is prohibited (LDR, Chapter 2, Section 4.N.7). Lighting shall be directed away from any residential uses (LDR, Chapter 2, Section 4.N.7). Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (LDR, Chapter 9, Section 10.F.5). If possible please provide photometrics as part of your TRC plan submittals. 6. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H). 7. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time ofpermittin§. 8. A complete review of details as shown on C-2, C-3 and C-5 will not be X reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constructability at the time of construction permit application. BUILDING DIVISION Comments: 9. Indicate within the site data the occupancy type of each building as defined X in Chapter 3 of the 2001 Florida Building Code. I0. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or sm~cture shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 edition of the Florida Building Code. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 1. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 2. A water-use permit .for the irrigation system is required from thc South X Florida Water Management District. A copy of the permit shall be submitted at the time of permit application. Florida Statute 373.216. 3. Clearly show the door on the toilet room marked "ADA". The swing of the X door on both accessible toilet rooms shall comply with the 2001 Florida Buildin~ Code, Section 11-4.22.2. PARKS AND RECREATION Comments: None X ~: DEPARTMENTS INCLUDE I REJECT FORESTER/ENVIRONMENTALIST Comments: 14. All trees on the Plant List must be listed in the specifications as a rmnimum X of 12 feet-14feet height, 3-inch caliper at DBH (4.5 feet offthe ground), and Florida #l (Florida Grades and Standards manual) [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 15. Trees listed in the Palm Beach County "invasive plant species" and" X invasive non-native plant" listing should not be included in the landscape design. [Environmental Regulations, Chapter 7.5, Article I Sec. 19A.5.] 16. The applicant should indicate a rmnimum of 50% native species calculation X on all landscape materials throughout the site. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 3.N.] 17. The West Industrial Avenue road right-of-way must receive sod and X irrigation coverage. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.c. 2.J PLANNING AND ZONING Comments: 18. An environmental review permit is required. Apply for an environmental X review permit. 19. The landscape plan should show the location of all outdoor freestanding X lighting structures. 20. The freestanding monument sign is proposed to be located within the 50- X foot drainage easement. Provide an express written consent of all legal entities occupying said easement at time of permitting. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 21. Tabled to Au~[ust meeting. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 22. To be deterrmned. S 9,Planning\S HARED\WP~ ROJ ECTS~Paving Lady\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Paving Lady APPLICANT'S AGENT: Thomas Potter APPLICANT'S ADDRESS: 1820 Tom-A-Toe Road Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Site Plan Approval for a 4,175 square foot office/warehouse in an M-1 zoning district. LOCATION OF PROPERTY: 1000 W. Industrial Avenue DRAWING(S): SEE EXHIBIT "B" A'I-FACHED 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: 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 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 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 S:\Planning\SHARED\WP\PROJECTS\Paving Lady\DO.doc V..cONSENT AGENDA ITEM F AGElqD ITEM REQIJES[ te Fina~ Fo~ Must be Tu~ed Requested Ci~ commission Da ~ Final Fo~ Must be Tu~ed ~ Date .~ Ma7 19, 2003 ~oon) Requested Cit~ commission * - ' MarCh IT, 2003 ~oon.) June 2, 2003 ~oon) March 31,2003 ~oon) lune 16, 2003 ~oon)~ Aphl 15, 2003 ~ July 1,2003 n Aphl 14, 2003 ~oon) June 30, 2003 ~oo May 5, 2003 ~oon) ~ May 20, 2003 ~ Legal ~ A~s~ative ~ New Business ~ ~o~cemem ~ presemation NAT~ OF ~ PubBC Hea~g AGENDA ITEM ~ CiW Ma~ger's RepOrt ~ Consent Agen~ ~ Code Co~liance/Legal Sealemems ~ U~shed Business CiW Co~ssi°n agenda ~der Consent Agenda. ~coMMENDATION: please place ~s request on ~e July 15,200~,e~s Leahy represem~g Encore Sedan-L~ousme Co~ssion approve ~e petition ~om per Chapter 24, Section 24-3. Staff tec°~ends that ~e CiW a ce~ificate of Public Convemence and NecessiW as Se~ice ve~cle for ~e business, for ~ ...... Se~ice,. . e uses must obm~ approval Convemence and NecessiW for Encore Sedan-L~ousine ..... a~ Chapter 24 "Tax~s ;[Z,,ience and Necess~*. ~ E~L~ATION: Request for Ceffificate of public ....... dot to operauon ~es ..... ,~67.ed applicauon has ~om ~e CiW co~* n remeW, w~ch ma~ca v~de se~ices w~t~ uo~t . . Pa~ . . ~ r~. co~Ssio - ~ .u~t it ~11 pro ' ~ ~ ~ 33437, m ~co~orated heeB auacneu ,u, . ~ ,~ ~uite 203; anu u,~ ~ · n~ton ueacn, -~- _. 2500 Qu~:; l;me address, 9260 Cove Po , erate ~ ~e ciW, wit~ ~.tot.¢ kept at appn . . _ ,~i hus~esses licensed to oP_r ~,~hlic ~ansR routes ~ .... ;~ t6h o~er limo~me-~- ~ __~ ,he l~ted extent m v ~,~ are c~eBuy ~ ~ ~ _c,u~ h s~esses, atLU ~- ~ to the specml~ed na~e m u ..... u se~ice. subject bus,ess wood not represent an excessive pROG~ ~pACT: N/A revenues of $125.00 (1 re,cie) a~uaily. FISC~ IMPACT: Increased Occupation Liceme ~TE~AT~S: To deny ~e petition for a certification of Public Convemen~e ~d NecessiW SAPlanningXALFARO\Dennis Leahy- Limo\Dennis Leahy-L~rno Service.dot s:LBULLETIN~oRMSkAGENDA ITEM REQUEST FORM.DOC L '""*]/42-6364 · ~ · ~o~ a~ ~/~ .... UCCupauo.. x-ton Beach ~ion '~p#c --" ,~ l ' ;~ . ' '~/: ~l~ '' ~'-.... ...~,: . ' 'rr~e" . - . 7 Na "',~aon or · - ~e of ProDe~. ~ . . ',y ~er/Anen ,,, 14. Ci -- ~ ~ - · ~onta~ Person's ~e' ~.Conta~ Phone ~. Florida C~o- _ ~~~ N~ mbe~. ;r~s Square F~t ~ ~" "' m~s I~: ~ ~ ~e/all Sales) Retail value ~ invento~~ tn yo~ lea~r plan: ' o~$~ns Num~ ~ of Ma~in~ables · · 27. (Boa~ _ R~ea~a~Comm~al) O~er) Num~ ~ ~oy~ (in~uding numb~ of Pa~ng spa~ a,=~ ~r u~ by ~ ~sin~ (off-s~t only) 31. Is ~is a Mini-Stomge Padis? s your busin~ r~uire °~de ~°~e? 32. ~11 You sell al~holic beverage? 35. Is ~is a Dead Stooge Fa~l~? ~. Do You ~ore invento~ rr use r~uire r~ing ~ r~ova~on? 36. Are you ~ming ~emp~o~? 39. Is ~is a home b~ bu~n~? 38. Is iness and Pmfe .41. Wig you ~e, ha~- -- 40. Was ~u~ als, ...... s[ions must s ~a _ _ '~, ~om or ~s~ ...... P ev~ous~ h~ . _ -~ ~up~y Palm B-~ ~"" a~, I~se ~-:L~''"~ ~r~ous M~,- -- s~ ~n Boyn[on? ~ ~ .... ~ I~ of sh ~x. ~Jease ~,~ _ _ anng aha Oth~ ~,~ -~ waste3 on. (561) V.-CONSENT AGENDA ITEM F ' CITY OF BOYNTON AGENDA ITEM REQUESI i 'ut Vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17,2003 (Noon.) [] June3,2003 May 19,2003 (Noon)~ [] April 15,2003 March 31, 2003 (Noon) [] June 17,2003 June 2, 2003 (Noon) C_ -~___, [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon)l~___~.~ ~.,,~."~-~ [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) -~----~. .,.-~ [] Administrative [] Legal c_v NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Con-spliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the July 15, 2003, City Commission agenda under Consent Agenda. Staff recommends that the City Commission approve the petition from Dennis Leahy representing Encore Sedan-Limousine Service vehicle for h/re business, for a certificate of Public Convenience and Necessity as per Chapter 24, Section 24-3. EXPLANATION: Request for Certificate of Public Convenience and Necessity for Encore Sedan-Limousine Service, vehicle for hire service. Pursuant to city codes, Chapter 24 "Taxicabs", prior to operation these uses must obtain approval from the City Commission through granting of a Certificate of Public Convenience and Necessity. A notarized application has been attached for commission review, which indicates that the business consists of one (1) employee; that it will operate at the 2500 Quantum Lakes Drive, Suite 203; and that it will provide services within Boynton Beach city limits. The vehicle will be kept at applicants' home address, 9260 Cove Point Circle, Boynton Beach, FL. 33437, in unincorporated Palm Beach County. There are currently six (6) other limousine-taxi businesses licensed to operate within the city, with a total of six (6) vehicles. Due to the specialized nature of these businesses, and the limited extent of public transit routes within the city and county, the subject business would not represent an excessive service. PROGRAM IMPACT: N/A FISCAL IMPACT: Increased Occupation License revenues of $125.00 (1 vehicle) annually. ALTERNATIVES: To deny the petition for a certification of Public Convenience and Necessity. Develo~rn~fit-~epartment Director ~ ~'ity Manager's Signature Planmng and Zoning,Efu(ector City Attorney / Finance / Human Resources S:~Planning~ALFARO\Dennis Leahy- LimoXDennis Leahy-Limo Service.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Occupa~onaJ License CN# (s6~)(~) 742-63~742'~3~°. F~ Ci~ of Boynton Beach B~s Occupa~onal License A~li~tion ~AII a~ ~ ~ appli~on n~ ~ ~ compl~d. W~e N/A ~ ~em ~ not applicable.J General Ido~on . ~,...~... :.. ......... . ..... ,~.~ 1. Name of Bu~n~s (DBA): EMCOAB ~EDRM LI~OUS/~ 2. Co.ration Name: E~C O~ ~~ E~ -- -~ ~ PO~/~ 5. Busings Phone Number: ~ l, 7~/-~0 ~0 Busin~sF~Number: 6. F~I Em~oy~ Id~on or ~al S~ Number 10 ~ ~ ~ ~/~ 7. Name of Prope~ O~/Agent ~T~T~ ~ ~ I~ ~ 8. MailingAddr~s: ~O ~U~TO~ L~EES ~1~ - 9. c~: ~oY~0tw ~cH state: ~ z~P: Busine~ ~erl~rl~~o~r~~ ~en~ HoMer (Q-~l~er) I~o~ion- 10. O~/~r's Name: ~2. c~ ~O~/~0~ ~d~C~ State ~ ZIP 14. Ci~ ~rO4/ ~C~ State P~ ZIP ~3P Tel~hone 15. Co~oWPam~hip Cont~ Name: ~~/'; 16. Con~ Person's ~fle: ~~ F~ 17. Conta~PhoneNum~ ~4 [ 23/- .~0 ~O Conta~F~NumbeE 18. Flodda C~on or Palm Bea~ Co~ C~~ N~ N~m ~ Busi~' ~e'fill ~ afl ~ i~~~ s~ ~ ~ ~ a~Smbil~ 19. D.~be in detail ~e nacre of ~e bu~n.s': ~~- 2/~~/~ 20. Descdbe previous bu~n~s use in ~is I~: 21. Gr~s Square F~t of R~ ~ as r~ in yo~ lea~r/~an: 22. (R~ail Sales) R~ail value ~ invento~ ~//~ 23. (Nursing Car~ACLFIApt~HoteFMotellRental ~7 ~/ Prop~) Numar of rooms 24. ~hd~le only) Wh~le value ~ ~//~ 25. (Coin Op. Laund~ & ~r ~s~ding/Billiards) inventor: / ' / f7 Num~ of Ma~in~a~es /--// 26. (R.tauran~Salon~a~ shop~M~ie ~//~ 27. (Boa~ - R~eafi~aFComm~al) Ps.anger Th~tem) Num~ of S~t~St~ns / '/~ Capa~ CmamlLun~ ~gons) Numb~ ~ Vehi~es o~er) 30. }oral numb~ of pa~ng spa~ all~ ~r u~ by ~is ~sin~ (o~-s~at only) 31. Is ~is a Min~tomge Fadl~? / 32. ~11 you sell al~holic beverage? 33. Does your busin~ r~uire o~de ~o~e? / ~. Do you ~ore invento~ off-s~e? 35. Is ~is a Dead Storage Fadl~?~ 36'Are you ~ming ~empfion? 37. Will your use r~uire r~ing ~ r~ovafion? 38. Is H~ D~a~e~ approval r~uir~? (a~a~) 39. Is ~is a h~e b~ bu~n~? 40. Was ~is bu~ness previous~ li~s~ in Boynton? 41.Will you ~e, ha~le, ~ore or ~s~ay H=?=rdous M~ais or g~emte H~rdous Waste? 'C~ain business and professions must su~ a d~, I~se agr~t ~ I~ of shadng ~d o~ add~onal i~o~. ~n~om mu~ also sup~y Palm B~ Cou~ ~t~. Please ~n~ our offiM ~r ~fic info~on. (561) 742~360 Jonn ,iarK, lax ;ollector ~~ P.O. Box 3353 . West Palm Beach, FL 33402-3353 ' .. www. pbcgov.com/tax Tel: (561) 355-2622 ENCORE SEDAN LIMO SERVICE INC LEAHY DENNIS 9260 COVE POINT CIRCLE BOYNTON BEACH FL 33437 License Number: 2003-04461 Dear Business Owner: This is your new occupational license. Please keep the upper portion for your records and detach the bottom of this form. Verify the information and display it conspicuously at your place of business, open to the view of the public. This license is in addition to and not in lieu of any other license required by law or municipal ordinance and is subject to regulations of zoning, health, and any other lawful authority (County Ordinance Number 72-7). Licenses may be transferred to a new owner when evidence of a sale is provided; the original license is surrendered and a transfer fee is paid. Licenses may be transferred to a new location when proof of zoning approval is provided; the original license is surrendered and a transfer fee is paid. Business name changes require a new license. This license expires on September 30, 2003. Renewal notices are mailed at the end of July. "you do not receive the nobce by the middle of August, please let us know. I hope you have a successful year. Tax Collector =~:.~ '~,~ cs ~3.0~ :~ DETACH AND DISPLAY BOTTOM PORTION, AND KEEP UPPER PORTION FOR YOUR RECORDS 2003-04461 ........... :-~i~i' '-.' .... .'-"~:~T-E'-0~-i~-~i~ ~,-:~- - .............. ~-: ..................... ': ................ ' .............................. ' OS-012 "~**!' PALM BEACH cOUNTY ~-~ CLaSSiFiCATiON '-.OCCUPATiONAL'LiCENSE EXPIRES: SEP.TEMBER. 30. 2003 ENCORE SEDAN LIMO SERVICE INC ** LOCATED AT CNTY $47.25 LEAHY DENNIS 9260 COVE POINT CIRCLE "'- BOYNTON BEACH FL 33437 TOTAL $47.25 Is hereby licensed at above address for the period beginning on the I [ first day. of. .O~.ob~-. and ending on the thirtieth day of September to 'l ......... I THIS IS NOT A BILL- DO NOT-PAY engage in me ouslness, profession or occupation of: VEHICLE FOR HIRE II VALID 09/20/2002 - 09/30/2003 LIMO SERVICE I PAID. PBC TAX COLLECTOR $47.25 OCC 621 07108 09-20-2002 JOHN K. CLARK, CFC THIS LICENSE VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR, PALM BEACH COUNTY TAX COLLECTOR ,ACORD. CERTIFICATE OF LIABILITY INSURANCE ~"°Du~EN 727 772 9646 THIS CERTIFICATE IS I~UED AS A MATTER OF INFORMATIO. BINS INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ~ 1343 ROLLING RIDGE RD." HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. / PALM HARBOR, FL. 34683 INSURERS AFFORDING COVERAGE BmUn=D [ .,SURER~ NORTHLAND INS. CO. 07190 ENCORE SEDAN/LIMOUSINE SERVICE INC. & DENNIS LEAHY INDIV. t ,~SU.E. ~ 9260 COVE POINT CIRCLE ,.su.~ c: BOYNTON BEACH, FL 33437 i ~.SU.ER ~: INSURER E: :OVERAGES THE I:~::XJCIE$ OF INSURANCE LISTED BELOVV HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE I:~UCY PERI<X:) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VMTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTNN, THE INSURANCE AFFORDED BY THE I~:AJCIES DESCRIBED HEREIN I$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITiONS OF SUCH I:K3L~CIE$. AGGREGATE LIMITS SHOV~N MAY HAVE BEEN REDUCED BY PAiD CLadM$. [.,j.~ ! TYPe: OF INSURANC~ I PQUCY NUMBER ~ POLICY EFF~G'~TTV~ PQUCY EXPIRATION A X'~cOM M E~:LAL GENERAL LIABILn.Y TP221804 09/30/02 09/30/03 $ 100,000 i PERSOf~i. & az~v ~JURY s 500,000 A TP221804 09/30/02 09/30/03 (~ ==k.~ s __ ALL OVal ~:) AU'T'O~ BCX~I.Y INJURY  _J SCHEDULED AU'rOe (P~ ~) S I IHIRED BODILY IN JUK'Y AUTO~ AUTO~ PROPERTY $ OTHER THAN EAACC AUTO ONLY: AGG $ C:~4,1M8 MA~E AGGREGATE $ $ V~C STA'rU- i 0E1~4- r ; VdORK~R8 COMPENSATION AND I TORY UMn-S EMPLOYIE~8 UABILJTY ~ E.L. EACH ACCIDENT E/ DISEASE - EA EMPLOYEIE $ OTHER DIgSCNIlYilO# OP OII~TIONS/LOC~TIO~HIC:I.~X~LU~ON~ ~MD BY INI)O~PlCt~J. Pt~OVlIIDII8 1999 LINCOLN TOWNCAR. VlNY/: 1LNHM82W1XY621391 SHOULO ANY Or" THi AIOVlE 01~CRmEO POLICES Ii C,ANCiLLEO BEFORE 11~ ExPIraTION DAT~ 114EREOF, THE I~UING INSURER WILL ENDEAVOR TO MAIL 10 DAYS MI PALM BEACH COUNTY No'neE TO THE CE~IFICATIE HOt. DEN K4MED TO THE LIFT, BUT FNLURE TO DO 80 SHAM. DIVISION OF CONSUMER AFFAIRS 50 SO. MILLAY TRAIL ~.CORD 2S-S (7197) FLORIDA AUT~ INfURANCE IDeMlII~.,AT~ON CARD ~~. ~ ~7 THIS ~ MU~K ~ IN ~E INSURED ~HI~O P~8~D UP~ DE~ND FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State April 14, 2003 ENCORE SEDAN/LIMOUSINE SERVICE 9260 COVE POINT CIRCLE BOYNTON BEACH, FL 33437 Subject: ENCORE SEDAN/LIMOUSINE SERVICE REGISTRATION NUMBER: G03097700222 This will acknowledge the filing of the above fictitious name registration which was registered on April 7, 2003. This registration gives no rights to ownership of the name. Each fictitious name registration must be renewed every five years between January 1 and December31 of the expiration year to maintain registration. Three months prior to the expiration date a statement of renewal will be mailed. IT IS THE RESPONSIBILITY OF THE BUSINESS TO NOTIFY THIS OFFICE IN WRITING IF THEIR MAILING ADDRESS CHANGES. Whenever corresponding please provide assigned Registration Number. Enclosed is your certificate(s) as requested. Should you have any questions regarding this matter you may contact our office at (850) 488-9000. Reinstatement Section Division of Corporations Letter No. 103A00022285 Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 ~l~partm~nt gf ~tat~ I certify from the records of this office that ENCORE SEDAN/LIMOUSINE. SERVICE is a Fictitious Name registered with the Department of State on April 7, 2003. The Registration Number of this Fictitious Name is G03097700222. I further certify that said FictitiouS Name Registration is active. I further certify that this office began filing Fictitious Name Registrations on January 1, 1991, pursuant to Section 865.09, Flodda Statutes. G Given under my hand and the reat Seal of the State of Florida at Tallahassee, the Cap. ital, this the Fourteenth day of April, 2003 CR2E022 (2-03) c~cr~tz[l'~r Virtual Proposal Summary Client Name: Dennis Leahy Client Company: Encore Sedan/Limousine Service Client Address: 9260 Cove Point Cir. Client Telephone: 637-473-6668 Client Cell Phone: Client Email: Client Fax: Date: 5-21-03 Recurring Monthly Service Charges Basic Virtual Office Plan $125.00 24/7 Access ($50.00) $ 2 # of Phone Numbers to be Patched to ($50.00) $ Average of 10 or more calls a day ($50.00) $ Call Screening Included Additional Voice Mail $ Coffee & Bottled Water Services Included Preferred Service Pdcing Included Cc~fcrc~cc Recto: ~ hcu~ &Visitor's Office - 16 hours per MonthIncluded Other Subtotal Recurring Charges $ 125.00 Sales Tax (6%) $ 7.50 Total Recurring Monthly Charges $132.50 Non-Recurring (One Time) Charges Telecommunications Programming I Set(s) $ 100.00 Telephone Installation & Connect Fee Included Other Subtotal Non-Recurring Charges $100.00 Sales Tax (6%) $ 6.00 Refundable Service Retainer $ 125.00 Total Non-Recurring (One-Time) Charges $ 231.00 Total Required Prepayment$ 363.50 2500 Quantum Lakes Drive · Suite 203 · Boynton Beach, FL 33426 Phone: 561-853-2100 · Fax: 561-853-2199 · E-Mail: ifostoff@stratisnet, com APPLICATION FOR CERTIFICATE Og PUB~i~ CONVENIENCE APPLICANT INFO~ATION: RESIDENCE ADDRESS: ~2~'O Cog6 ~/~ ~~ ~O~ BUSINESS N~E: E~QE SCDa~-Zl~oo~/n[[ NAME TO SE USfD ON V~H~CL~S: ~UCOR~ ~D~-Z/~3/M~ EXPERIENCE OF APPLIC~T IN THE TR~SPORTATION OF PASSENGERS: THE TOTAL NUMBER OF VEHICLES TO BE OPERATED OR CONTROLLED BY THE APPLIC~I THE NUMBER OF VEHICLES TO BE OPERATED BY THE APPLIC~T IN THE CITY OF BOYNTON BEACH: COLOR SCHEME OR INSIGNIA TO BE USED: .. NAME OF INSURANCE CARRIER (ATTACH CERTIFICATE OF INSURANCE MADE OUT TO THE CITY OF BOYNTON BEACH) . AMOUNT oF INSURANCE: PER SECTION 24-10 OF THE BOYNTON BEACH CODE OF ORDINANCES, ATTACH COPIES O ALL CONTRACTS, AGREEMENTS, ARRANGEMENTS, MEMORANDA. OR OTHER WRITINGS RELATING TO THE FURNISHING OF TAXICAB SERVICE TO A~Y HOTEL, THEATER, HALL, PUBLIC RESORT, RAILWAY STATION OR OTHER PLACE OF PUBLIC GATHERING, WHETHEN SUCH ARRANGEMENT IS MADE WITH THE HOLDER OR ANY CORPORATION, FIRM OR ASSOCIATION WITH WHICH THE HOLDER MAY BE INTERESTED OR CONNECTED. LIST OF A~ACHMENTS: ....... TATS OF .LORIDA, COUNTY OF PALM BEACH Thee .fore. going instrument was acknow~Uged before me ' P~r~s2n~a~'~Y%nown to me Or(~e~a~y ~/~ ~Z~ thxs . , who is ldentif~ation) as ide-~-~ ~~ ath. O, ~W ' edgemen t-- t yp~ ~ t ed o r s t ,roped Title or ra~%k ~~ ~ ~erlal numDe~if a~ bh- 2/92 . VIRTUAL SERVICE AGREEMENT TI[IS AGREEMENT, made and entered into this 2lst day of Z]~ by and between IC Business Centers doing business as STRATIS Business Centers of Boynton Beach, Florida herein referred to as STKATIS and Encore Travel/Transportation Corp. dba Encore ,~edanPl,imounine Service Of Roynton Reach, Florida: herein referred to as Client. WHEREAS, Client desires to use such services. Client agrees to pay as the basic service charge for telephone and guest reception nine (9) hours per day, 8:30 a.m. to 5:30 p.m. Monday through Friday, except holidays; one voice mail box; and up ......... (16) hours per month of visitor's office subject to availability and prior use by others. A-~, i;,,,~ ov~,' a |,u~,,s pc, ,,u,G, there will be a charge of $20.00 per hour for additional Conference Room Time. The Basic Service Charge of One Hundred & Twenty Five Dollars ($125.00) per month commencing z~IIL,I~.~J~Z~. Basic Service includes local telephone service charge of use of one inbound telephone number, which number shall remain the property of STRATIS and call patching to one (1) telephone number. For each additional phone number STRATIS patches, there will be a Fifty dollar ($50.00) charge per month. If Client receives an average often (I0) or more calls per day there will be an additional Fifty do'ilar ($50.00) charge per month. A security charge of One Hundred & Twenty Five Dollars ($125.00) a telephone programming charge of One Hundred Dollars ($I00.00) and first month's telephone service line charge must be paid in advance. If as determined by STRATIS, more than one person habitually uses services under this agreement, the Basic Service Charge will be increased by One Hundred Twenty-five ($125.00) dollars. Additional business center services as described in Exhibit B, Preferred Schedule of Services are available at rates established by STRATIS from time to time. Client shall be subject to the rules and regulations attached as Exhibit C. Charges for services not paid by the fifth day of'the month in which due are subject to a Twenty-five dollar ($25.00) service charge. In the event payment is not received by the fifth (5a) day of the month, there shall be added a late payment service charge equal to ten percent (10%) of the amount due. In the event payments are not made by the tenth (10n) day of the month in which due, STRATIS reserves the right to discontinue service without notice. STRATIS is relieved of any responsibility for any loss, delay or inaccuracy of any message. STRATIS does not assume any liability for any operational problem and/or act of God which is beyond its control. This agreement shall replace all prior negotiations, agreements or representations and may only modified in writing as signed by both parties. Client has appointed D~_nni¢ £~_ahy as sole agent authorized to represent, negotiate and bind Client. Th~r~ if a thr~_-month minimum on thi¢ AGREED to as of the date first abovestratis:Written. ./~ ~stoff Clients: Its: V/~ Preside. nt By:~ Its:Owner Rev 11/02 V.-CONSENT AGENDA O -- CITY OF BOYNTON BEA( ITE t G. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Meeting Dates in to City Clerk's Office [] April l, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 3 l, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) c. _ '[] May20,2003 MayS, 2003(Noon) [] JulylS, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business c'~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Motion to authorize the Utilities Department to mm over $130,561.06 in unpaid Utility and Refuse billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance for Uncollectible Account by that same amount. EXPLANATION: The $130,561.06 involves 777 accounts for the fiscal year 2002. Attempts by the City to collect these past due amounts have been unsuccessful since a majority of the accounts are from rentals and the customer has moved from the area. The amount being deemed uncollectible comprises less than one-half of one percent (actually 0.43%) of the total amount billed during that period for water, sewer, stormwater and refuse. We consider this an acceptable loss when compared to neighboring municipalities, such as Deerfield Beach, Boca Raton, Delray Beach and Lake Worth who consider an average of 1/2% to 1% loss in uncollected revenues to be acceptable. Our percentage falls below that value, and is therefore within the local governmental standard. PROGRAM IMPACT: None SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC O-- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Minimal since the amount being deemed uncollectible is less than 1/2% of the total revenues collected for that time period. ALTERNATIVES: Continue to carry the unpaid accounts in the Allowance of Uncollectible Accounts. Department Head's ~gnature City Manager signature Utilities ~~ Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/attachments) Peter Mazzella " Tony Penn " Bill Atkins, Finance Dept." City Attorney " File -8:kBULLET1N~ORMSXAGENDA ITEM REQUEST FORM.DOC V.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM H. AGENDA ITEM REQUEST i 't t n Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates n to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) .. [] May20,2003 May 5, 2003 (Noon) [] July15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: MOTION to approve the "SURPLUS EQUIPMENT LIST" as submitted by Staff and allow for disposal of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS EQUIPMENT LIST" as submitted by WAREHOUSE DIVISION. This list consists of surplus monitors and computers that were received from ITS Department. The computers have been stripped and the components are being used for other computers, and the listed monitors do not work. The Palm Beach County Thrift Store will not accept computers unless they are in working order. Procurement Services requests Commission's review, evaluation and approval to dispose of this surplus equipment. PROGRAM IMPACT: These select computers and monitors have no residual value since they have been stripped of operating parts. ITS Department utilizes all working component parts of the computers for repair service. FISCAL IMPACT: There is no fiscal impact. Dep~t~ Director of Financial Services ' C'[ty Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources cc: Dominic DeMauro - Warehouse Manager S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC JUN ~ 2 2003 The City of ' Boynton Beach Finance Department 1444REHOUSE DIVISION TO: Bill Atkins, Deputy Director of Financial Services FROM: Dominic DeMauro, Warehouse Manager ~ DATE: June 12, 2003 SUBJECT: Surplus Computers Bill, enclosed is a list of computers and monitors that the Warehouse has picked up for disposal from the I.T.S. Department. These CPUs have been stripped and various components have been placed in other City computers. Please go to Commission for permission to dispose of these. Palm Beach County thrift store no longer accepts computers unless they are in working condition. If you should have any questions, please feel free to contact me at 742-6324. CC: Diane Reese - Finance Director Cathy McDeavitt - Assistant to the Director of I.T.S. Monitor Retirement Asset Type Serial Number ..... ????? V710 049CG26SG072 2326 V75 852CF03DA434 1337 V500 902BF23RC257 _ 1334 V500 902BF23RC226 4728 V70 732CB03EG225 1833 V75 844CF03DF887 ????? V10 049CG26SG406 4729 V70 ' 732CB03EG133 ???? 151FS ' 606BA11AA851 2324 V710 , 04CG265F605 2167 V700 ' 933CF03TG474 1973 S700 ! 939CD61SN314 ???? V700 ' 933CF03TC299 4249 S700 ~ ,939CD61SN309 ???? Micron ~ 9067R1104216 3192 S700 i 939DC61SS467 1333 V500 i 902BF23RC221 3762 V710 i 049CG265G380 1332 V500 ~ 902BF23RC233 V.-CONSENT AGENDA .:* CITY OF BOYNTON BE ITEM I. AGENDA ITEM REQUEST Requested Cit2: Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates m to Cit,, Clerk's Office [] April l. 2003 March 17. 2003 (Noon.) [] June 3. 2003 May 19. 2003 (Noon) [] April 15. 2003 March 31. 2003 (Noon) [] June 17, 2003 June 2. 2003 {Noon) [] May 6, 2003 April 14. 2003 (Noon) [] July I, 2003 June 16, 2003 tNoon) [] 'May 20. 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 INoon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Allocation of Commumty Investment Funds requested by Commissioner Ron Weiland EXPLANATION: Commission approval for allocation of $1,000 of Community Investment Funds for the American Legion Baseball State Tournament to assist in the expenses for housing 120 baseball players on July 31, 2003 plus a banquet to be on the same day. PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: Funds are budgeted for these types of activities. Each ConmUssioner has $12,500 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Ctty Manager s Stgnature Department Head's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC Cline-Pautsch-Kott-Post 164 Post Office Box 1018 Boynton Beach, FL 33425 ?os~_: (561 }'734-81 25 :Pax: ( 561 ),734-82,75 June 28, 2003 Mr. Ronald Weiland Boynton Beach, Florida, City Commissioner Re: American Legion Baseball State Tournament Dear Mr. Weiland: This letter is to confirm a donation from the City of Boynton Beach, Florida for the sum of $1000.00 for expenses incurred for housing 120 baseball players on July 31, 2003, plus a banquet to be held on July 31, 2003. On behalf of the entire membership of American Legion Post #164 1 would like to thank the City of Boynton Beach Commissioners for their most kind and generous contribution. Respectfully submitted: W'dliam K. Nemes Commander, Post #164 O V.-CONSENT AGENDA *"CITY OF BOYNTON BEA ITEM J. AGENDA ITEM REQUEST 1, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April I5, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May20,2003 May 5, 2003 (Noon) [] July15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal -~ o NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the months of May and June 2003 for informational purposes. EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize to execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager". PROGRAM IMPACT: The new Ordinance has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: The change in Ordinance approved by Commission provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the procedure prior to Ordinance change. Deputy Director of~'~inancial SerVices ignature Procurement Services _zQ,'~'.-: ~-~ Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMS~,AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTHS ENDED MAY & JUNE 2003 Vendor: Datastream System, Inc. Purchase Amount: $ 10,800.00 Requesting Department: Utilities Department Contact Person: Terry Rowe Brief Description of Purchase: Training for six (6) Utilities employees and two (2) Public Works employees. This software is capable of organizing and tracking inventory and giving equipment history. It can generate work orders on all equipment. The software tracks the equipment life span and history of repairs. Cost to train five (5) employees offsite in Greenville, South Carolina would cost $2,495.00 per employee not including travel expenses. The Datastream software project is a joint venture between Utilities, Public Works, and ITS. Source for Purchase: GSA Contract #GS-35F-4357D Fund Source: 401-2821-536-54-30 Utilities Administration 2. Vendor: Zambelli Fireworks Internationale Purchase Amount: $ 20,000.00 Requesting Department: Special Events Contact Person: Teresa Zabik Brief Description of Purchase: Fireworks for the July 4th Celebration. Zambelli's proposal included the largest size shells. Source for Purchase: Three Written Quotes Fund Source: 001-1213-519-48-24 Special Events 3. Vendor: Frederico Equipment Company Purchase Amount: $ 10,516.00 Requesting Department: Police/Code Compliance Contact Person: Pete Roy Brief Description of Purchase: Demolition of building at 655 W. Ocean Avenue. Source for Purchase: PBC Bid #00C-14P Fund Source: 691-5000-590-04-43 Code Compliance 4. Vendor: Geographic Technologies Group, Inc. Purchase Amount: $ 24,000.00 Requesting Department: ITS/GIS Contact Person: Regina Hagger Brief Description of Purchase: This will update the existing HTE Land Management Database with accurate spatial information from the GIS database. The proposed approach is to obtain an accurate point based address layer with a one-to-one relationship with the existing LX module of HTE software system. With this update the City will be able to maintain future updates to the system via a graphic interface. Source for Purchase: PBC Bid #00C-14P Fund Source: 691-5000-590-04-43 Code Compliance 1 of 2 5. Vendor: Presidio Corperation Purchase Amount: $ 21,681.00 Requesting Department: ITS Department Contact Person: John McNally Brief Description of Purchase: The City's data network relies heavily on the network communication equipment to route network traffic between PC systems, servers, sites and Internet. The City currently has 24-hour by 7-day coverage with 4-hour response time for any outages on our core switch/router and ancillary devices. In the event the City suffers a component failure, the support contract provides for on-site certified repair technicians to repair the situation and restore the data communications ability. This maintenance contract will continue to safeguard our system. Source for Purchase: Maintenance Agreement Fund Source: 001-1510-513-46-22 401-2821-536-46-91 ITS and Utilities The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Comm~iss)on ~..~quired. City Manager Approval: Date: Presented to Commission for information on July 15, 2003. 2 of 2 V.-CONSENT AGENDA · * CITY OF BOYNTON BEA( ITEM K. AGENDA ITEM REQUEST Requested City comrmssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19. 2003 (Noon) [] April 15, 2003 March 31. 2003 (Noon) [] June 17, 2003 June 2. 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1. 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon [] July 15, 2003 June 30. 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing '-,- [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Allocation of Community Investment Funds requested by Vice Mayor Mike Ferguson EXPLANATION: Commission approval for allocation of $5,000 of Community Investment Funds for the YMCA Partners with Youth Program and $4,000 for the Community Caring Center. PROGRAM IMPACT: Allocation of funds will assist the above programs. FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,500 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC V.-CONSENT AGENDA ITEM L. CITY OF BOYNTON BE 4 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Nooa)O [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noo~ [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve the excavation permit for removal of approximately 85,000 cubic yards from Tract "J" and Lot 34-C for additional stormwater detention (see attached sketch) necessary for continued development on the north half of the Quantum Park Development. Approval shall be subject to receipt of a satisfactory modified permit from the South Florida Water Management District (SFWMD), and both the permit and restoration surety from QCCD in the amount of $33,884.00. EXPLANATION: Due to the impact of new construction in the Quantum Park development, additional detention is required to meet SFWMD criteria and was previously approved by the commission. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Approve with additional conditions. ';~,/,:~jt]L~ J~Y 1. L~ergood, P.E. City Manager's Signature Public Works/Engineering Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC MINER ROAD WETLAND CITY PARK 92 SAND PINE PRESERVE ', 93 \ 25.7 ACRES \ MU , ~0 2~ . uu WETLAND 1 1 ° IND MU 32 28 MU 10 MU 0 IND 53 27 12 2~ '~ ~ 0 ~ 13 IND 34-A MU ,~ MU 25 ~ 8 0 IND 14 ,' 35 MU ~ ~.. 24 o MU 7 MU ~-- OI IND IND 23 ~' 15 34-B IND ..~ 36 0 6 :22 .,~ · ~' IND "': MU ~ 37 0 ~ OI /' 1 O0 5 H 16 / IND V.-CONSENT AGENDA ' CITY OF BOYNTON BE?. IlEl ! I l. AGENDA ITEM REQUEST FORIVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to Cit3' Clerk's Office Meeting Dates m to Cit~ Clerk's Office [] April 1, 2003 March 17. 2003 (Noon.) [] June 3, 2003 May 19, 2003 {Noon) [] April 15, 2003 March 31, 2003 {Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 {Noon) [] July 1, 2003 June 16. 2003 (Noon) [] May 20. 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Status report on proposed purchase of 4 parcels NE 7th Street Area for Storm Water and Water Main Project. EXPLANATION: As a follow-up to earlier City Commission discussion on this matter, the staff has tendered offers for the purchase of the four vacant parcels for the subject storm water and water main improvements based on new appraisals received this month. The 2003 appraisal figures and the offers are as follows: Parcel # 1 - Janots $62,000 Parcel #2 - Ryan $62,000 Parcel #3 - Degan $62,000 Parcel #3 - Brown $54,000 Offers based on the 2003 updated appraisals have been made. The property owners have been requested to respond by the end of July. In the event that a negotiated purchase of the parcels is not accomplished by that time, the City Commission may wish to consider adopting the necessary resolution of necessity for the acquisition of all or some of the properties by eminent domain. This action would be presented to the Commission for consideration at your meeting of August 5, 2003, if we were unable to negotiate the purchase of the property at that time. PROGRAM IMPACT: These parcels are essential for the completion of the storm water improvement project. FISCAL IMPACT: Funds have been budgeted for the purchase of the parcels. ALTERNATIVES: Abandon the project. The residential parcels will continue to suffer fi-om periodic flooding and water pressure deficiencies. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources SSBULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC Theodor Ryan Gerhard Degen Parcel No. 2 Parcel No. 3 Robert Brown . ,._ Parcel No. 4 ""'"'" lalmlm e~ ~m t ) Frank Janots Parcel No. 1 O V.-CONSENT AGENDA -.-CITY OF BOYNTON BEA£ ITEM N. AGENDA ITEM REQUEST FL Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be 'Fumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) · [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfimshed Business RECOMMENDATION: Approve the plat of Boynton Beach Woolbright Parcel subject to approval by the city engineer. EXPLANATION: To provide a parcel of land for new fire station #2. Parcel is located adjacent to the city's water storage tank on Woolbright Road approximately 400 feet west of Congress Avenue (see attached map). PROGRAM IMPACT: Delay in the relocation of fire station #2. FISCAL IMPACT: Provides land for new station without any cash outlay. ALTERNATIVES: Apl~ove plat with conditions. Depa~l~en?eah~ Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources V.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM O. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal c_ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfmished Business .c- RECOMMENDATION: Approve the plat of Hawk's Landing P.U.D. subject to approval by the city engineer. EXPLANATION: Hawk's Landing is located south and east of the four seasons condominiums and consists of eighteen, fee simple, zero lot line residences (see attached location map). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~, Approve~ the plat/withx~/<,conditions. ~/~:~ ~ Depar~en(~e a~ignature ' ignature Department Name City Attorney / Finance / Human Resources S:'d3ULLETINWORMSL~GENDA ITEM REQUEST FORM.DOC VI.-CODE - LEGAL SEI'rLEMENT CITY OF BOYNTON BEA( ITEM A. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business .~. Deborah Green v. City of Boynton Beach c,~ PLAINTIFF COUNSEL: Steve Simon, Esq., Rosenthat & Weissman, P.A. DEFENSE COUNSEL: Michael Burke, Esq., Johnson Anselmo Murdoch Burke & George, P.A. RECOMMENDATION: Motion to pay settlement from court ordered mediation in the amount of $45,000. EXPLANATION: On June 23, 2001, the plaintiff was injured while retrieving a boat on the ramp at Pioneer Canal Park. Plaintiff slipped and fell causing a fracture to the left tibia (below knee). On December 12, 2002, plaintiff slipped and fell on a wet driveway, resulting in fracture to the left femur (above knee). Doctors have related second fall to injury caused by first fall. Plaintiff has expert engineer who has stated that boat ramp was unsafe. Expert is a state engineer reportedly responsible for designing boat ramps for the state. Medical expenses incurred were in excess of $80,000. Initial demand pre-suit and at mediation was $100,000. PROGRAM IMPACT: Litigation settlements and judgments of this nature are part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Settlement will be charged to the Risk Management Department budget expenses. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at $100,000. Additional defense trial legal costs are estimated at $25,000. '~ ~l~part/flelqt He~s Signature I I City Manager's Signature Department Name ~l Attorney / Finance / Human Resources CJMIClaimgl/GreenD01 .dot S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida . RISK MANAGEMENT DEPARTMENT COMMISSION ~GENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Wilfred Hawkins Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: June 23, 2003 SUBJECT: Deborah Green v. City of Boynton Beach Date of Loss: June 23, 2001 Risk Management recommends the City Commission ratify the: X Settlement __ Judgement in the above stated manner. RESERVES: Indemnity: $ 60,000 Expenses: $ 30,000 Demand: Original: $100,000 Final: $ 50,000 Offer: Original: $ 7,000 Final: $ 45,000 X SETTLEMENT: $ 45,000 NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in I any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ Current Legal Fees: $19,971 IF NOT SETTLED Projected Legal Fees: $ 25,000 Projected Jury Verdict: $100,000 __ JUDGEMENT: $ Current Adjustment Fees: $ - Current Legal Fees: $ - CASE NARRATIVE: On June 23, 2001, the plaintiff was injured while retrieving a boat on the ramp at Pioneer Canal Park. Plaintiff slipped and fell causing a fracture to the left tibia (below knee). On December 12, 2002, plaintiff slipped and fell on a wet driveway, resulting in fracture to the left femur (above knee). Doctors have related second fall to injury caused by first fall. Plaintiff has expert engineer who has stated that boat ramp was unsafe. Expert is a state engineer reportedly responsible for designing boat ramps for the state. Medical expenses incurred were in excess of $80,000. Initial demand pre-suit and at mediation was $100,000. cj m/Claimgl/GreenD02 .doc ,.,UN 2..., 2~0,~ HON 52 JOHNSCN, ¢,NSE=MO F¢,× NO, 954 483 2444 ?, 02 JOHNSON, ANSELMO, MURDOCH, BURKE ~ GEORGE, P.A. M~ T ~ 't F~T ~UO~E, FL 3~1 ER~ E. GI~ ~T O~ICE ~X 0~ B~V S, ROS~B~ JEFF~ ~ H~ P,~ F~T ~~ ~ ~ DAVID M. S~GER June 23, 2003 Mt'. Charles Magazine Via Facsimile and ,R..e_~nlar Mail Risk [VXnnngcment City of Boynton Beach P.O. Box 310 Boynton Beach, FL 3342s-0310 Re: Deborah Green vs. City of Boynton Beach Our File No. 22-203 MTB Dear ]Vf_.r. Magazine: Enclosed please find a copy of the letter I received from PlaintifFs attorney, Steven Simon, on June 19, 2003 in the above-referenced matter. As you can see, the letter states that Plaintiff, Ch'eon, has accepted the City's offer to settle the above matter for the sum of $45,000.00. It is my understanding that the proposed settlement will be considered by the Boynton Beach City Commission at its meeting on July 15, 2003. If the settlement is approved, ! would appreciate your forwarding 1=o me a settlement check in the amount of $45,000.00 payable to the order of Deborah Green and Rosenthal & Weissman, P.~., her attorneys. If thc settlement is not approved, please advise me of the same so that I can notify counsel. Please be advised that the matter has been removed from the July 14, 2003 trial docket. If the settlement is not approved at the July 15, 2003 City Commission meeting, the matter will be re-noticed for trial. Very truly yours ~Mi,hael T. Burke For th~ Firm cc Mr. Gan= Monffort - Gallagher Bassett Services, Inc. (w/encl.) James Chafer, Esquire (w/anti.) ,.;UN-23-2003 I'ION 02:53 7II ,JOHNSON, R~<i~O ,¢R~ NO, 954 463 244~ oo~ 1S:~4 rA~ ~001 A T T O ~ N E Y S A f L A W ~: (561) 478-2500 Sr. Lu~ C77~ a7~8~ F~ (~6t) 47~111 Fx~ {77~ ~g~o J~ 19. 2003 Mielnnel T. Burke, Esquize ]ohnsott, ~, Murdoch, Bxtrke & G~x~rg¢ 790 Eaat Broward Roulevard, Suite 400 Foxl Laudexdale, FL Re: Deborah Green v.~. City of Boynton Beaeh Dear Mr. Burke: This letler shall conf;nn ~ my client has accepted thc City of Bcry~ton Beach's offer to ~ettlc the above referellced case for the sum of S45.000.00. We uade~tand tlutt the city commission muSt approve this settle.meat. I underSTm2cl that the next commission meeting is July 15, 2003. I h~ve filed a motion advisil~ The Court that the case has bee~ settled pcauliag a~p~oval by the city commission. I hive alzeady sent ~ copy of ~le motion to you_ I thank you for your ptof~$sionalisux and courtesies LG handling this caa¢ and look forward to workill~ wilh you in ~2e future. Sincerely, Enclosure ~412.2 e-mMl: tl~ampt~,~ffaot.com · ~eb: m. rosenchsl~eissl~n.com VI.-CODE - LEGAL SE'R'LEMENT .- CITY OF BOYNTON BE ITEM B. - AGENDA ITEM REQUES I'r · · Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Requested City Comnuss~on ~rk' s Offic_ e ~ i_n to Ci Clerk' s Office March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 1, 2003 June 2, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 [] April 15, 2003 June 16, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 30, 2003 (Noon) : [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 [] Administrative [] Legal cz: [] New Business -- i: NATURE OF [] Announcement r,o :2-< ' t [] Presentation ... AGENDA ITEM [] City Manager s Repor ~ cfi [] Consent Agenda [] Public Hearing ~ -~ ~ [] Code Compliance/Legal Settlements [] Unfinished Business ~-~. -,-ic~ ~ Ci of Bo nton Beach etai Plaintiff Counsel: Elton Schwarz, Esq. Defendant Counsel (City): George P. Roberts, Jr., Esq., Roberts Reynolds & Bedard, P.A. Defendant Counsel (staff): Michael Burke, Esq., Johnson Anselmo Murdoch Burke & George, P.A. RECOMMENDATION: Motion to pay settlement from court ordered mediation in the amount of Si 1,000. EXPLANATION: On December 8, 1996, plaintiff was a member of a group taking part in the City's holiday parade. The route staging and parking areas had changed from previous years. Plaintiff drove around the barricades and a police officer ordered him to stop. Plaintiff refused to stop striking officer with his vehicle. He was placed under arrest. Plaintiff was uncooperative and was taken to the ground receiving injuries to his forehead and elbow. He was taken to local hospital, due to heart condition, and was cleared for transport to County facility. Charges were dropped by State Attorney. Medical expenses and attorney fees were incurred. Initial demand pre-suit was $500,000. Initial demand at mediation was $ i00,000. PROGRAM IMPACT: Litigation settlements and judgments of this nature are part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Settlement will be charged to the Risk Management Department budget expenses. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at $15-20,000. Additional defense trial legal costs are estimated at $30,000, as two defense counsel are necessary. RISK MANAGEMENT ~'IFinance / Human Resources Department Name CJM/Claimgl/BrownTF01 .dot S:XBULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION ~GENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Wilfred Hawkins Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: June 10, 2003 SUBJECT: Thomas Frank Brown v. City of Boynton Beach, et al Loss: December 8, 1996 ..R_i~k M,anagemem' recommends the City Commission ratify the' X Settlemen m me aoove statea manner · _ t _.. Judgern~,,t _RESERVES: Indemnity: $ 15,000 Expenses: $ 40,000 .Demand: Original: $550,000 Final: $ 12,000 Offe..._.~r: Original: $ 500 Final: $ 11,000 X SETTLEMENT: $ 11,000 iNOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ Current Legal Fees: $ 40,226 IF NOT SETTLED Projected Legal Fees: $ 30,000 Projected Jury Verdict: $15-20,000 Current Adjustment Fees: $ - Current Legal Fees: $ _ CASE NARRATIVE: On December 8, 1996, plaintiff was a member of a group taking part in the City's holiday parade. The route staging and parking areas had changed from previous years. Plaintiff drove around the barricades and a police officer ordered him to stop. Plaintiff refused to stop striking officer with his vehicle. He was placed under arrest. Plaintiff was uncooperative and was taken to the ground receiving injuries to his forehead and elbow. He was taken to local hospital, due to heart condition, and was cleared for transport to County facility. Charges were dropped by State Attorney. Medical expenses and attorney fees were incurred. Initial demand pre-suit was $500,000. Initial demand at mediation was $100,000. CJ m/Claimgl/BrownTF02.doc 99177/M/jcf IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: CL 00-11997 AD THOMAS FRANK BROWN, Plaintiff: CITY OF BOYNTON BEACH, & BRUCE BRUEGGEMAN, Defendants. / PROPOSED MEDIATION SETTLEMENT AGREEMENT WITH FLORIDA MUNICIPALITY Since it is understood that under Florida Law, the representative of the Defendant City does not have the authority to bind Defendant City to a settlement that exceeds $5,000, the parties hereto propose settlement of the above-captioned case upon the following terms and conditions: 1. The settlement sum to be paid to P~laintiff by Defendant, if appro,v, ed by the City Commission will be $ Itt tptPt*, '~o This settlement will resolve all claims of Plaintiff against all Defendants and includes all claims for costs and attorneys' fees. 2. A General Release will be executed by Plaintiff in favor of the Defendants, its present and former agents, insurer(s),servants, attorneys, officials and employees. The General Release will confirm that Defendant does not admit any liability and that any attorney's fees, costs, liens and subrogated interests arising out of the incident will be paid out of the settlement proceeds. 3. A Stipulation for Order of Dismissal with Prejudice of this suit will be signed by the attorneys for all parties that will be submitted to the Court for the entry of an Order of Dismissal with Prejudice confirming that each party will bear their own costs and attorney's fees, and that any liens and subrogated interests will be satisfied out of the settlement proceeds by Plaintiff. 4. Plaintiffs' counsel and Plaintiff must execute an IRS W-9 form and transmit it to codhsel for Defendants before any settlement check can be issued. 5. If PlaintifFs claims involve a claim for award of attorneys' tees aeainst Defendants. Plaintiffs' counsel shall execute a Limited General Relbase in fa~'or of Defendants for any attorney's fees and costs incurred in the representation of Plaintiff and the prosecution of this matter. 6. This settlement is only a proposal that must be submitted to Defendant City for public hearing at a duly noticed public meeting of the City Commission or Council and receive an affirmative vote of approval, if required by law. 7. Plaintiff must execute a statement in accordance with § 768.28(6), Fla. Slat. and, to the extent that any unpaid fines, assessments or penalties to state governmental agencies are disclosed, they must be deducted and paid out of the settlement proceeds. 8. Other stipulations: Dated this ,/'~Ny of June, 2003. · Thomas Frank Brown, Plaintiff ~ef'~ E o~H~hwa rtz, Esq. ~ ~" jr~~ Geo{ge P. Roberts, Plaintiff's Attorney Defendant, Boynton Beach's Attorney Hon.~' ' ' ~ ~ fl · .-,~ac~,~ ...... , :'~., M~chael T B~ke, Esq Mediator~o~. ~g S ~~grc~ Defendant, Brueggeman's Attorney Bruce Brueggeman, Defendant -- IN THE CIRCUIT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY. CASE NO. (y O -- ii ~ ~ ~ /dc.~_~ PLAINTIFF, DEFENDANT, / REPORT OF COURT ORDERED MEDIATION A mediation hearing was held on ~? ?~/~ -~ for the above styled case. Mediator /D,/~/'- fi' /~/P/-~/~,~-.~'_ onducted the proceedings. All parties were present. .~~A partial agreement was reached. complete agreement was reached. The follo~ving is a synopsis of the partial or complete agreement reached: VI.-CODE - LEGAL SE'I-rLEMENT O CITY OF BOYNTON BEAC ITEM C. --AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal (... NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing ::~ [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to accept request for a "partial release" of lien for the vacant lot know .~)s !o$~ further described on enclosed Exhibit "A.' EXPLANATION: The adjacent property owner/applicant (Act H Consignments - 805 N. Federal Highway) is attempting to purchase lot 16, which is encumbered by a Code Compliance lien resulting from Code Compliance activity at 817 N. Federal Highway. Lot 16 was not directly involved in the City's action against 817, but given the fact lot 16 is owned by the same entity as the lots involved at 817, the lien attaches to it per Florida Statute. The applicant wishes to expand their existing business and incorporate lot 16 in their redevelopment effort. The applicant also expressed a willingness to demolish the building located at 817 N. Federal Highway as part of the arrangement of this approval. Demolition of 817 will stop the fines/lien from accruing further and will afford the owner of 817 to apply for a reduction of lien at a later date as provided in our Code. The amount owed on the lien at 817 is roughly $100,000.00. PROGRAM IMPACT: Approval of this "partial release" would assist the Consignment shop in their redevelopment efforts and eliminate the numerous Code violations at 817, formerly known as Ed's Garden Center. Currently the structure sits abandoned and isn't a factor in our redevelopment efforts. FISCAL IMPACT: The Code Compliance lien would remain in full on the property at 817 N. Federal Highway. ALTERNATIVES: Deny or modify the applicant's request. Department Head's Signature ~4~ /CH managerTSignaMe Department Name ~ v ~i~ ttt-~nce / Human Resources S:~3ULLETINLVORMSL&GENDA ITEM REQUEST FORM.DOC Palm Beach County Property Appraiser Property Search System Page 1 of 2 . Gary R. Nikolits, CFA // Pall]] Beach County Appraiser Public Access System - Property Information Location Address: N FEDERAL HWY Municipality: CITY OF BOYNTON BEACH Parcel Control Number: 08-43-45-21-32-001-0160 Subdivision: LAKE ADD TO BOYNTON Official Records Book: 10606 Page: 0272 Sale Date: Aug-1998 Legal Description: LAKE ADD TO BOYNTON LT 16/LESS SR 5 R/W INOR727P603/BLK 1 - Owner Information Name: PHOENIX REAL ESTATE INV Mailing Address: GROUP INC 31 W COMMERCIAL BLVD FORT LAUDERDALE FL 33334 -2002 Certified Appraisal Number of 0 [ Structural_.] Improvement Value: $0 Units: Land Value: $26,125 Total Sq. Ft: [ Extra I Market Value: $26,125 Acres: .00 [ Land... I Use Code: 1000 Description: VACANT COMM Certified Tax r D,tail... ]1 Ad Valorem: $628.85 Non ad valorem: $0.00 Total: $628.85 [ -2002 Certified Assessed & Taxable Values Assessed Value: $26,125.00 Exemption amount: $0 Taxable: $26,125.00 Exemption Information Unavailable. - Sales Information Sales Date Book Pa_P~q~ Price Instrument Owner Aug-1998 10606 0272 225000 WD Jun-1998 10475 387 100 WD BAUER ROSA A TR Print Information j http://www.co.palm_beach.fl.us/papa/main/detail_info.asp?p_entity=08434521320010160 7/11/2003 THIS INSTRUMENT PREPARED BY: James A. Cherof, City AttOrney City of Boynton Beach .. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742-6050 PARTIAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That for good and valuable consideration, the CITY OF BOYNTON BEACH, as holder of a certain Lien filed by the CITY OF BOYNTON BEACH, against PHOENIX REAL ESTATE INVESTMENT GROUP, INC., a Florida corporation, resulting from that "ORDER Imposing Penalties/Lien" recorded as of March 28, 2002, in the Public Records of Palm Beach County, Florida at ORB 13551, Pages 983 and 998 does hereby releases such claim of lien as to the following real property: Lot 16, Block 1 of LAKE ADDITION according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, at Plat Book 11, page 71; The City's lien shall remain in full force and effect as to any other real property owned by PHOENIX REAL ESTATE INVESTMENT GROUP, INC., and shall not be considered reduced, released or satisfied by this instrument. CITY OF BOYNTON BEACH, FLORIDA Witness BY: (Print Name) Gerald Broening, Mayor Witness Attest: (Print Name) City Clerk STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared as authorized representative of the City of Boynton Beach, Florida, who is personally known to me or has produced as identification and who did (did not) take an o.ath, and he acknowledged to and before me that he executed the foregoing instrument for the purposes therein expressed, pursuant to due authority. WITNESS, my hand and official seal this ~ day of July, 2003. NOTARY PUBLIC My Commission Expires: S:\CA~d)epartmentsLPOLICE\CODE-ENlZxReleases and Satsifactions~artial Releases~hoenix Real Estate 071003.doc VIII.-PUBLIC HEARING .. CITY OF BOYNTON BE.4 ITEM A. -7 AGENDA ITEM REQUEST Requested City. Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk,hr'Office [] Apnll,2003 March l7. 2003 (Noon.) [] June3,2003 Mayl9,2003(Noon~{~ :"- [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 tNoon) G'~ '2 -. [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) 2.Z 4 -:. [] May20,2003 MayS, 2003(Noon) [] JulylS, 2003 June 30, 2003 (Noon) PO 6'~7;~._ [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the July 15, 2003 City Commission Agenda under Public Hearing. The Planmng and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-144. EXPLANATION: PROJECT: Seacrest Medical Tower (COUS 03-006) AGENT: Francisco A. Solis OWNER: Francisco A. Solis LOCATION: Northeast comer of SE 23rd Avenue and Seacrest Boulevard DESCRIPTION: Request for conditional use/new site plan approval for the construction of a 9,746 square foot medical office building on a 0.60-acre parcel in the C-I zomng district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Devell:~l~ent l~'~-artr~ent Director U~'Mana ;g~amre Planning and Zonmg/D/rrector City Attorney / Finance / Human Resources S:XPlanningXSHARED\WP~PROJECTS~Seacrest Medical TowerXAgenda Item Request Seacrest Med Tower COUS 03-006 7-15-03.dot S:XBULLETINWORMS'~AGENDA ITEM REQUEST FORMDOC " DEVELOPMENT DEPARTMENT _-_- PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-144 TO: Chairman and Members Planning 8( Development Board THRU' Michael Rumpf Director of Planning and Zoning FROM: Eric Lee .Johnson, A]:CP /~ Planner DATE: .lune 11, 2003 PRO.1ECT: Seacrest Medical Tower / COUS 03-006 REQUEST: Conditional Use approval for a 9,746 square foot medical office building PRO3ECT DE$CRZPT~ON Property Owner: Francisco A. Soils Applicant: Francisco A. Soils Agent: Lawrence Kramer with South East Services, :[nc. Location: Northeast corner of Seacrest Boulevard and Southeast 23r~ Avenue; Lot 67, Crest View (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Office Commercial (OC) / Office Professional (C-1) Proposed Land Use/Zoning: No change proposed Proposed Use: Medical offices Acreage: 26,076 square feet / (0.60-acre) Adjacent Uses: North: Developed commercial (medical offices), zoned Office Professional (C-1); South: Right-of-way for Southeast 23rd Avenue, then farther south is developed commercial (Seacrest Open MR:[), zoned Office Professional (C-Z); East: Developed commercial property, zoned Office Professional (C-1); West: Right-of-way for Seacrest Boulevard, then farther west is developed commercial (The Outpatient Center of Boynton Beach), zoned Office Professional (C-:~). Seacrest Medical Tower - COtJS 03-006 Page 2 ~ Memorandum No. PZ 03-1'44 __-- BACKGROUND Lawrence Kramer of South East Services, ]:nc., agent for Francisco A. Soils is seeking conditional use / new site plan approval for the construction of a 9,746 square foot medical office building. The subject lot is located at the northeast corner of Seacrest Boulevard and Southeast 23r~ Avenue. Medical offices are permitted uses in the O1 zoning district. The maximum building height in the C-1 zoning district is 30 feet and the building cannot exceed two (2) stories. However, according to Chapter 2, Section 6.A.3, conditional use approval would be required when projects are designed with under building parking areas (see Exhibit "D" - Justification). Furthermore, if designed with under building parking areas, the maximum building height could be 35 feet. The elevation (see Exhibit "B'3 shows that the building will be three (3) stories tall. The first "floor" would primarily consist of the parking lot under the building, storage area, and elevator shaft. The traditional office space would only occur on the second and third stories. ]:t must be noted that approval of this project is contingent upon the approval of the accompanying request for height exception (HTEX 03-004). The project would be completed in one (1) phase. STANDARDS FOR EVALUATZNG CONDZTZONAL USES AND ANALYSTs Section tl.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or subject to conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section, l;n evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: :t. l;ngress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Originally, the applicant had proposed two (2) driveways onto Southeast 23~d Avenue. However~ after careful exam/nat/on, the Engineering D/v/s/on determined that the current configuration of the parking lot w/th one entrance / exit would provide for the safest flow and control of traffic. This point of ingress / egress is proposed on Southeast 23~ Avenue, approx/rnate/y 240 feet east of Seacrest Boulevard. The applicant states that "the parking, pedestrian access, safety, convenience, traffic flow/control has been properly accornp/ished in the project design". Staff concurs. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection 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. Seacrest Medical Tower - cous 03-006 Page 3 Memorandum No. PZ 03-1z~4 Required parking ?~r'medica/ offices is one (1) space per 200 square feet of gross floor area and one (1) space per 800 square feet of storage area. The project proposes 9,1Sd square feet of office area and ?92 square feet of storage area, therefore, 47 parking spaces would be required. The site p/an shows that 47 parking spaces would be provided, five (5) of which would be designated for hand/cap use; only two (2) handicap spaces are required. Ail parking stalls would be dimensioned nine (9) feet in width by J$ feet in length, except for the hand/cap stalls which would be J2 feet in width (with five (?) feet of striping) and J8 feet in length. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. No dumpster enclosure is proposed. The site plan (sheet SP-J) shows that refuse would be temporarily stored in roi/out containers (including recycling containers) w/thin the "can area'; located on the bottom floor. This can area would be designated in a sma//enclave of the southern port/on of the building and internally accessed from the stairwell that leads to the second floor. A/so, it could be externally accessed from Southeast 23~ Avenue because of a wall opening proposed on the bottom floor. This is the preferred location because it would be accessible from Southeast 23~ Avenue but screened from the right-of-way by a separation wall. The refuse location is positioned in such a way as to facilitate the efficient removal of trash and is endorsed by the Public Works Department. The applicant states that the "refuse areas are fully shielded from view and covered, thereby m/t/gating any visual impact, noise, and odor': Staff concurs. ~,. Utilities, with reference to locations, availability, and compatibility. Cons/stent with Comprehensive P/an policies and city regulations, ail uti/it/es, including potable water and sanitary sewer are available for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. landscape plan (sheet L-J) shows that the project would contain 23 shade trees and 25 palm t~reees. A row of Live Oak trees would be installed along Seacrest Boulevard and a row of Silver Buttonwood trees would be installed along Southeast 23'~ Avenue. Purple Tabebuia trees are proposed along the north property line. The east landscape buffer does not contain trees however, because the tree landscape requirement has been met on the abutting property (to the east). According to Chapter 7.£ Article ~r~ Section 5. E., where the tree requirement is met on one property, only the green space width shall be required for the abutting property. The property to the east (Lot 57) contains a mature Banyan Tree with a very large canopy. Should this mature tree be removed from Lot 57, then the property owner of Lot 57 would be required to install four (4) trees spaced $0 feet apart within the subject property'~ east landscape buffer (see Exhibit "¢"- Conditions of Approval). As shown on the landscape plan (sheet L-J), the canopy of the mature tree (on Lot 57) appears as though it would overhang over the parking area proposed on Lot 57. This tree'~ canopy would cause a conflict if new trees were installed on Lot 57. The entire site would have a continuous row of either Redtip Cocoplum or Chinese Hibiscus hedges along the per/meter in order to screen the parking lot and vehicular use areas. According to the applicant, "we have endeavored in the design of the Searest Ned/cai Tower to buffer the parking areas, both open and covered with privacy walls, portions of the structure and landscape buffers. The glare and noise on adjacent properties are properly m/t/gated by this design". Staff recommends Seacrest Medical Tower - Cous 03-006 Page 4 . Memorandum No. FZ 03-144 that the exterior ~-nish and co/or(s) of the privacy wa//match the exterior finish and co/or(s) of the proposed bu#ding (see Exhibit "C"- Conditions of Approval). 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. This project proposes one (1) wa//sign. The proposed sign would be 27 feet- six (5) inches in area and located on the west elevation (facing Seacrest Boulevard). The elevations do not indicate the sign type or co/or, a/though the applicant has informed staff that it w/ii be a raised-aluminum type of wa//sign. Staff recommends that the letter co/or(s) be the same as or sim#ar to the terra cotta S-tile roof or other accent co/ors on the building, a/though a mu/ti-colored sign is discouraged (see Exhibit "C"- Conditions of Approva/). The applicant has agreed to staff's recommendation. The site plan shows that two (2) monument signs are proposed. However, according to Chapter Art/de IV, Sect/on 2. B., only one (1) free standing sign would be a/lowed (see Exhibit "C"- Conditions of Approval). Both monument sign details (as shown on sheet SP-2) would conform to the Land Development Regulations; however, the applicant must choose which of the two signs to eliminate. Regard/ess of which sign is chosen, it must be located at/east l0 feet from the property //ne (Chapter 2~, Art/de IV, Sect/on 2. B.). 7. Required setbacks and other open spaces. The proposed building would meet ali setback requirements of the C-i zoning d/strict. The building is proposed above the parking areas because of the limited area of the site. 8. General compatibility with adjacent property and other property in the zoning district. The proposed medical office is a permitted use in the C-] zoning d/strict but because the parking area is proposed underneath the building, it would only be al/owed as a conditional use. In genera/, the project is compatible with the existing uses in the surrounding area within the C-1 zoning district. Furthermore, the Bethesda Hospital is nearby and there are numerous other medical offices located within the immediate area. The proposed building would be located w/thin an area historically character/zed by professional and medical offices, comparable to that of a medical district. There wi//be minima/on-site impact and no adverse effects wi//occur from the proposed medical office use. There wi//be little or no impact on the adjacent properties or the genera/area. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The maximum allowable height for the C-1 zoning district is 30 feet, except for when parking is proposed underneath the bu#ding, the maximum building height is 35 feet. As previously mentioned, the project is only a/lowed as a conditional use because the parking areas are proposed underneath the building. If no parking were proposed underneath the bu#ding, then no conditional use would be required. The proposed building is 29 feet- eight (8) inches in height, which comp#es with the C-i zoning d/strict regulations. However, since the parking is proposed underneath the building, the project Seacrest Medical Tower - COUS 03-006 Page 5 Memorandum No. PZ 03-14~ automaEca//y beco~eS a cond/Eona/ use regard/ess of whether or nor it rnee~ the 30-foot rnax/rnurn height requ/rernent. According to Chapter 2, SecEon 4. F. parapet wa/is and the decoraEve roof over the elevator shall are eligible to be considered for height exceptions. The peak of the parapet wa///'~ 33 feet - eight (8) inches in height and the decorative towers exceed 35 feet. Therefore, as proposed, the approval of this projec~ is conEngent upon the approval of the accompany/n9 request for height excepEon (HTEX 03-00,t). It should be noted that the applicant diligently worked w/th staff to design a building rhar would be both architecturally cornpat/b/e w/th this predorn/nate/y professional / medical office district bur yet sE// functional as a private autonomous unit. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed use w/ii constitute add/Eona/ convenience and choice for the members of the medical and dental cornrnun/ty. It is anticipated that Seacrest Boulevard w/Ii continue to develop, redevelop, and intensify as a professional office and medical d/str/c~ corridor. The proposed rned/ca/ office would be an appropriate use for this site. 11. 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 Review). W/th incorporation of staff commenD, the proposed projec~ would comply w/th ail requ/remen~ of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance ~o the City of Boynton Beach noise Control Ordinance. W/th /ncorporaEon of ail conditions and staff recommendations contained here/n, the proposed rned/ca/ office would operate in a manner that is in compliance w/th the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATLON, Based on the discussions contained herein, compliance with development regulations, and the consistency with the Comprehensive Plan, staff recommends that this request be approved subject to 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 obtain a building permit for this project. MWR/elj S Planning'Shated~Wpxlar°J¢cL~¢a~re~t Medical ToweOStaffRepon doc Location Map SEACREST MEDICAL TOWER EXHIBIT "A" EXHIBIT "B" 9 ' ~111 ti EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" m [ ; : I fi'-' ~ " ~ EXHIBIT "B" I I I II I I I I It, II F I'1' EXHIBIT "B" EXHIBIT "C" Conditions of A~roval Project name: Seacres't-Medical Towers File number: COUS 03-006 Reference: ~2nd review plans identified as a Conditional Use with an June 3, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General X Comments: None PUBLIC WORKS - Traffic Comments: .. The traffic impact analysis must be reviewed and approved by the Palm X Beach County Traffic Division. 2. On the site and civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. (LDR, Chapter 4, Section 7.B.2). Delineate and stripe the "Loading Area" (where applicable - LDR, Chapter 2, Section 11.J); include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings "K" Series for stripin~ details. - UTILITIES Comments: 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Sec. 26-16(b)). In addition, the LDR Chap. 6, Art. IV, Sec. 16 requires that all points on each building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition,~h x'e ~stin and ro osed). ENGINEERING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at p~rn-dt review. 5. At the time of permitting, revise sight triangles on the landscape plans X (Chapter 7.5, Article II, Section 5.H) using Palm Beach County standards (Southeast 23rd Avenue is classified as a County Collector). Show sight COA 06/20/03 2 DEPARTMENTS INCLUDE REJECT mangle at the intersection of Southeast 23rd Avenue and Seacrest Boulevard and ensure cross-visibility at this location. 6. Provide existing and proposed elevations, drainage arrows, etc. on the X drainage plan (Chapter 4, Section 7.F). 7. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 8. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 9. Indicate by note that catch basin and manhole covers shall be bicycle proof X (LDR, Chapter 6, Article IV, Sechon 5.A.2.g). 10. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings (Engineering Design Handbook & Construction Standards, February 2003) and will be reviewed for constructabilit7 at the time of construction permit application 11. Add a note to the "French Drain Detail" that the drainage system shall X conform to City Standard Drawing D-2. Add a weep hole and associated improvements to the t~ical drainage structure. 12. Use the City Of Boynton Beach and / or Palm Beach County sil~n details. X .FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 13. Indicate within the site data the type of construction of the building as defined X in Chapter 6 of the 2001 Florida Building Code. 14. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 edition of the Florida Building Code. Calculations that are signed and sealed by a design COA 06/20/03 DEPARTMENTS INCLUDE REJECT professional registered in the state of Florida shall be submitted for review at 1 the time of permit application. 15. Place a note on the elevation view drawings indicating that the wall openings X and wall construction comply with Table 600 of the 2001 Florida Building Code. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. A water-use permit for the irrigation system is required from the South X Florida Water Management District. A copy of the permit shall be submitted at the time of pemxit application. Florida Statute 373.216. PARKS AND RECREATION X Comments: None FORESTER/ENVIRONMENTALIST Comments: 18. The applicant should indicate if there are any existing trees on the site. The X desirable trees should be preserved, relocated or removed / replaced on the property. A separate symbol should be used to identify the replacement trees (Chapter 7.5, Article II Section 7.C.). 19. On the landscape plan plant list, all trees must be listed in the specifications X as a minimum of 12 feet to 14 feet in height, 3 inches caliper at DBH (4.5 feet off the ground), and Florida ltl (Grades and Standards, Chapter 7.5, Article II Section 5.C.2). 20. Trees listed in the Palm Beach County "invasive plant species" and" invasive X non-native plant" listing should not be included in the landscape design (Chapter 7.5, Article I Sec. 19A.5). 21. The applicant should indicate a minimum of 50% native species on all X landscape materials througvhout the site (Chapter 7.5, Article II Section 5.P.). 22. The landscape design does not include the City signature trees (Tibochina X granulosa) at the ingress / egress locations of the site (Chapter 7.5, Article II Section 5.C.3.). 23. The rights-of-way (swales) along Seacrest Boulevard and S. E. 23rd Avenue X must receive sod and irrigation coverage (Chapter 7.5, Article II Section 5.C. 2). COA 06/20/03 DEPARTMENTS INCLUDE REJECT 24. Provide an irrigation plan at the time of permitting (Chapter 7.5, Article II X Sec. 5A.). 25. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation (Chapter 7.5, Article II Section 5. C.2.). PLANNING AND ZONING Comments: 26. Approval of this project is contingent upon the approval of the corresponding X request for a height exception (HTEX 03-004). 27. This project will require conditional use approval since the office building is X proposed above the parking area (Chapter 2, Section 6.A.). 28. The Palm Beach County Traffic Division must approved the traffic statement X (for concurrency) prior to the issuance of a building permit. 29. Ensure that the plant material and quantities match between the plant list and X the graphic representation. 30. Additional colorful groundcover plants are required along Seacrest Boulevard X (Chapter 7.5, Article II, Section 5.D.). 31. Landscaping at project entrances shall contain a signature tree at both sides of X the entrance (Chapter 7.5, Article II, Section 5.N.). A signature tree is a tree with blossoms or natural color other than green intended to beautify project entrances and contribute to the city's image with this element of aesthetic conformity. Signatures trees include Yellow Elder, Tibouchina Granulosa, and Bougainvillea. Note that signature trees do not contribute toward the total number of required perimeter trees. Signature trees must have 6 feet of clear mink if placed within the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). 32. One (I) tree is required every 30 linear feet (along the west property line). X However, where tree and hedge requirements are met on one property, only the green space width shall be required for the abutting property (Chapter 7.5, Article II, Section 5.E.). On the abutting property to the west (Lot 57), if the large tree (that currently exists within the abutting property's eastern perimeter buffer) is removed, then the property owner of Lot 67 will be required to install four (4) trees within the subject property's western landscape buffer. 33. Only one (1) monument sign is permitted (Chapter 21, Article IV, Section X 2.B). In addition, any proposed monument si~n is required to be located at COA - 06/20/03 DEPARTMENTS INCLUDE REJECT least 10 feet from the property line. ~4. All elevation drawings shall include the manufacturer's name and color code. X Staff recommends using a color schedule (Chapter 4, Section 7.D). 35. All project signage is subject to review and approval by the Planning & X Development Board. On the elevations, indicate the sign type, letter colors and sign material (Chapter 21, Article 4, Section C.). Staff recommends that the wall sign letters be the same color or similar to the terra cotta S-tile roof or other building accent colors. 36. Staff recommends that the exterior finish and color(s) of the privacy wall X should match the exterior finish and color(s) of the building. 37. Staff recommends installing ground lighting to illuminate the letters on the X monument s~gn. 38. Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit X 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 secure a building pem-dt. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS: Conunents: X 39. None ADDITIONAL CITY COMMISSION CONDITIONS: Comments: ~0. To be determined. MWR/elj S:\Planning\Shared\Wp\Projects\Seacrest Medical Tower~COA.doc EXHIBIT "D" SOUTH EAST ARCHITECT SERVICES, INC. -- 2209 N.E. 54~ Street, Ft. Lauderdale, FL 33308 (O3 954-771-6050 (Fax) 954-771-0C37 (E-Mail) seas k31~s~=s..ne~ LIC,~AR6273 MEMORANDUM JL?i 6 TO: PLANNING DEPARTMENT CITY OF BOYNTON BEACH -- FROM: LARRY KRAMER RE: "SEACREST MEDICAL TOWER" HEIGHT EXCEPTIONS CONDITIONAL USE: STANDARDS FOR EVALUATION OUR PROJECT #04-03 DATE: JUNE 4, 2003 The proposed "Seacrest Medical Tower" is a 2-Story Medical Building above parking located at the N.E. comer of Seacrest Blvd. and S.E. 23rd Avenue. The request for a conditional use is to permit the development of two (2) office floors above on- grade parking (Section 6.A.3.2.). The proposed conditional use will not adversely effect the general health, safety, and welfare of the comrnunib'. With regard to the 'Applicable Standards', please note the following: Item No. 1: "Ing~,ess and egress to the subject property and proposed structures thereon, with particular reference to automobile andpedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe "? Response to Item No. 1: The parking, pedestrian access, safety, convenience, traffic flow and control has been properly accomplished in the design of the "Seacrest Medical Tower" project. The covered parking adds to the convenience without any detrimental factors. _ - EXHIBIT "D" Page Two. Item :Vo. 2: '*Off-street parking and loading areas where required, with partzcular attention to the items in subsection D. 1. above, and the economic, zlare, no ise, and odor effects the conditional use will on adjacent and nearby properties, and the city as a whole "? Response to Item No. 2: The parking as designed is similar to parking on-grade, except that a portion of the parking is covered by the structure. We have endeavored, in the design of the "Seacrest Medical Tower" to buffer the parking areas, both open and covered with privacy walls, portions of the structure and landscape buffers. The glare and noise on adjacent properties are properly mitigated by this design. Item No. 3: "Refuse and service areas, with particular reference to the items in subsection D.I. and D. 2. above. "7 Response to Item No. 3.'. The refuse areas are fully shielded from view and covered, thereby mitigating any visual impact, noise and odor. Item No. 4: "Utilities, with reference to locations, availability, and compatibility"? Response to Item No. 4: The utilities are not affected by this design. Item No. 5: "Screening, buffering and landscaping with reference to type, dimensions, and character "? Response to Item No. 5: Special attention has been made with respect to screening, privacy walls, berms, building structure and landscape buffering has been used to shield the parking from view. This design integrates the building and the parking, thereby maintaining the character and aesthetics of the structure. Item No. 6: "Sighs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties "? Response to Item No. 6' The character of this building is that of a sophisticated, conservative medical professional building. Therefore, the signage and exterior lighting has been designed to reflect the design intent. Lighting and glare and traffic safety has been accomplished in this design. "Seacrest Medical Tower' s" design and character has been developed with the intent to be harmonious with the adjacent structure. ,-- EXHIBIT "D" Page Three. Item ,Vo. 7: "Required aetbac~ and other oloen _Response to kern No. 7: "SeacrestMedical T v, " o ;er meets and exceeds ali required set-backs and other zoning requirements. [~em :Vo. 8.' "General compatibility with adjacent properties, and other property in the zoning district "? .Response to Item No. 8: The design of the "Seacrest Medical Tower" has been accomplished with the intent to develop a structure fully compatible with its neighbors. The character of the structure, the materials and colors and the scale was designed to be respectful of the adjacent structures. .Item No. 9: "Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole" _Response to Item No. 9: The "Seacrest Medical Tower" is compatible with its surrounding buildings. Th. is important comer is highlighted by the elevator stair tower and the bridge to the medical office wing which creates a strong design element. The height of the structure and the details, choice of materials and colors is fully harmonious with the adjoining structures and the aesthetic concept that the "City of Boynton Beach" has established for this community of buildings. Item No. 10: Economic effects on adjacent and nearby properties, and the city as a whole "? Response to item No. 10: The "Seacrest Medical Tower" is a high-end sophisticated structure. The design, the materials proposed and the overall concept creates a prestigious medical office building, one that will add value as well as aesthetics to this neighborhood and the ;City" as a whole. "Conformance to the standards and requirements which apt~ly to site plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations "~ Response to Item No. 11' "Seacrest Medical Towers" will abide by the standards and requirements which apply to site plans as set forth in Chapter 4 of the City of Bo,vnton Beach Land Development Regulations. Item .¥o. 12: "Comt~tiance with, abatement of nuisances and hazards in accordance with the performance standards. Section 4. N of Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance. Chapter 15, Section 15. 8 of the Boynton Beach Code of Ordinances "~ .Response to Item No. 12: The sorest Medical Tower" is a medical professional building. The nature oft. he building, the use of the structure is such that it wilI not generate any hazards or inappropriate n~ise or nuisance. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: -~ Seacrest Medical Tower APPLICANT'S AGENT: Mr. Lawrence Kramer- Southeast Architect Services, Inc. APPLICANT'S ADDRESS: 2298 NW 2nd Avenue Suite 21 Boca Raton, FL. 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Conditional use approval for the construction of a 9,746 square foot medical office building on a 0.60-acre lot in a C-1 zoning district. LOCATION OF PROPERTY: Northeast corner of Seacrest Boulevard and Southeast 23r~ Avenue 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 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: 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 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 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 VIII.-PUBLIC HEARING ITEM B. " CITY OF BOYNTON BEA -- AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting; Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) :. ':. 7~ --< [] Administrative [] Legal r,o .:,~.. NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation -"~ [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business ~ ,m ~- RECOMMENDATION: Please place this request on the July 15, 2003 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-133. EXPLANATION: PROJECT: Villas at' Quantum Lakes Phase III (ABAN 03-003) AGENT: Robert S. Fike OWNER: Quantum Lakes Villas II, Corporation LOCATION: South of Gateway Boulevard; West of High Ridge Road DESCRIPTION: Request for abandonment of a 12-foot wide utility easement as required for the construction of the recreation area of Phase III of the apartment complex. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A D eve lo~D~n!ViJtreXetor I Ci~ I~lanager s Sig[nature Planning and Zonin~ Director City Attorney / Finance / Human Resources SSPlanning~SHARED\WP~PROJECTS\Villas at Quantum Lakes aka Grotto BayXAgenda Item Request Villas at Quantum Lakes Phase III aban 03-003 7- 15-03.dot S:XBULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT -- PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-133 TO: Chairman and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner DATE: 3une 16, 2003 SUB3ECT: Abandonment of a 12-foot wide utility easement (ABAN 03-003). NATURE OF REQUEST The agent, Robert S. Fike of Olen Development Corporation is requesting to abandon a 12-foot wide utility easement that currently runs in a north-south direction. Six (6) feet of the 12-foot wide easement lay on Lot 66 and the other half lies on Lot 67-A. This request to abandon the utility easement was submitted on April 22, 2003. It is described as follows: A portion of the East 6.00 feet of Lot 66 together with a portion of the West 6.00 feet of Lot 67-A, same also being a portion of the certain 12.00 foot Utility Easement shown on the plat of QUANTUM PARK AT BOYNTON BEACH, P.LD., PLAT NO. 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach County, Florida, containing 2,071 square feet. The location map attached as Exhibit "A" shows the general vicinity of the utility easement to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North: Undeveloped Quantum Park Lots earmarked for commercial development known as Quantum Park & Village South, designated with a Mixed-Use (MU) land use option, zoned PID, then farther north is the right-of-way for Gateway Boulevard; South: Developed Quantum Park Lots 101 & 62 known as Villas at Quantum Lakes with a Mixed- Use (MU) land use option, zoned PID, the Sand Pine Preserve, and Quantum Park Lots 68-A & 68-B with an Office / Industrial (OI) land use option, zoned P[D; East: Right-of-way for High Ridge Road and farther east is vacant Quantum Park Lots 81 & 82 with an Office / Industrial / Commercial land use option, zoned P[D; and West: A portion of Quantum Park Lot 62 and all of Quantum Park Lot 101, earmarked for commerc' development known as Quantum Park & Village South with a Mixed-Use (MU) land use option, zoned PID, then farther west is the right-of-way for Gateway Boulevard. Page 2 Memorandum No. PZ 03-133 ABAN 03-003 BACKGROUND lin February of 2000, the Quantum Park DR! Master Plan Development Order #:~0 changed the land use option of Quantum Park Lots 59 through 67-C to allow for "Mixed-Use" developments. The Mixed-Use (MU) land use option allows office, commercial, and residential uses. The City Commission approved the site plan (NWSP 00- 016) known as Quantum Park Grotto Bay at Bermuda Place on December 19, 2000. This site plan would become the first phase of a three (3)-phase apartment complex. The location of the subject easement did not impact the changing of the land use options and the approval of the first phase of the apartment. On November 6, 2001, the City Commission adopted Ordinance 01-054 approving Amendment #12 of the Quantum Park DR:[ Master Plan Development Order. Amendment #12 changed the Master Plan to eliminate a portion of Quantum Lakes Drive, thereby creating new Quantum Park Lots :tOO and 101. Both lots would have a (MU) land use option. On February 5, 2002, the City Commission approved a Major Site Plan Modification (MSPM 02-002) known as the Villas of Quantum Lakes. This major site plan modification included the abandonment of Water Management Tract"P" and Tract "Q" of Quantum Park. This new area (2.91 acres) coupled with Grotto Bay (15.16 acres) totals 18.07 acres. :[t also added 42 more apartment units for a total of 314 apartment units. This major site plan modification (MSPM 02-002) would become the second phase of the three (3) -phase apartment projects. This location of the subject utility did not impact the second phase of the apartment project. However, on September 3, 2002, the City Commission approved a Subdivision Master Plan (SBMP 02-00:t) for Quantum Park Lots 62 through 67-C (excluding a portion of 65B) and Lot 100. The Subdivision Master Plan, ".nown as Quantum Park & Village South included 132,032 square feet of commercial area and 234 apartment units. The subject 12-foot wide utility easement currently runs in a north-south direction and traverses between Quantum Park Lots 66 / 67-A to the south and Lots 64 / 65-B to the north. Essentially, this easement runs from Quantum Lane to Gateway Boulevard. The subdivision master plan showed that the location of the :[2-foot wide utility easement would conflict with the future commercial buildings proposed on Quantum Park Lots 64 and 65- B. Also, the easement location conflicts with the apartment project's recreation area proposed on Quantum Park Lots 66 and 67-A to the south. Therefore, project Condition of Approval #25 stated the following: "Submit abandonment request for the 12-foot utility easement between lots 64/66 and 65-A/67-A and the 12-foot easement between lots 63 and 62. Abandonment and rededication of these easements must be recorded prior to the issuance of a building permit for the project". On November 12, 2002, the applicant (Quantum Lakes Villas :[:[, Corporation) submitted a technical site plan application (NWSP 02-022) for 234 apartment units. As allowed by the Land Development Regulations, technical site plans do not have to be re-reviewed by the City Commission as long that they do not substantially deviate from its parent subdivision master plan. Technical site plans are reviewed by the Technical Review Committee (TRC) only to ensure compliance with all applicable codes and regulations. This subdivision master plan and its subordinate technical site plan would become the third phase of the three (3)-phase apartment project. A project condition of approval for the technical site plan required the same abandonment and rededication of the subject utility easement consistent with Condition of Approval #25 (referenced above) of the subdivision master plan. The applicant submitted this request to abandon the 12-foot wide utility easement on April 22, ~_003. This application to abandon the easement only applies to the portion of the easement that lies in between Quantum Park Lots 66 and 67-A. Therefore, this abandonment would only affect the Villas at Quantum Lake Phase :[:[:[ Technical Site Plan (NWSP 02-022). According the Subdivision Master Plan (SBMP 02-001) and the Technical Site Plan (NWSP 02-022), no building permits can be issued until the City Commission approves the Page 3 Memorandum No. PZ 03-133 ABAN 03-003 abandonment request. Abandonment requests are subject to legal notice requirements and are reviewed by the Planning & Development Board before being reviewed by the City Commission as a public hearing item. ANALYS:ZS As previously mentioned, the subject 12-foot utility easement runs in a north-south direction. It commences at Quantum Lane and runs north to Gateway Boulevard. It contains an S-inch water main. For the purposes of this request, the "affected area" of the entire utility easement will only be that portion of the easement (177 linear feet) that traverses between Quantum Park Lots 66 and 67-A. However, the technical site plan proposes the apartment complex's recreation area over this portion of the utility easement. This is a conflict. While this request is to abandon the 177 feet of the subject easement, Exhibit "B" shows that the easement will be re-routed around the recreation area. Exhibit"B" shows that the easement will be re-routed to the northeast by 31 linear feet, instead of going due north as it exists today. Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right-of- way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: C1TY DEPARTMENTS/DIVISIONS Engineering - No objection (see Exhibit"C'~ Public Works/Utilities - Approval with conditions (see Exhibit "C'~ Planning and Zoning - Approval with conditions (see Exhibit "C'~ PUBLIC UTILITY COMPANIES Florida Power and Light - No objection (see Exhibit"C'~ Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - Pending approval Cable Company (Comcast) - N/A RECO i~lf4 EN DA'rZo N The Engineering Division of Public Works endorses the simultaneous abandonment and dedication of the easement to ensure that the water main line remains active prior to and during the transition of its relocation, and its continuation into the Quantum Park & Village South (Commercial) development. Therefore, staff recommends that this request to abandon the 12-foot wide utility easement as described above, be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional conditions required by the Planning & Development Board or the Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:\Planning\Shared\wp\Projects\Villas at Quantum Lakes aka Grotto BayL4BAN 03-003\Staff Report.doc Location Map EXHIBIT"A" VILLAS' AT QUANTUM LAKES ABAN 03-003 QuANTUM.PARK PID_ ' - -- REC EXHIBIT "B" -- -- LAND DESCRIPTION VILLAS AT QUANTUM LAKES, PHASE I!1 12 FOOT UTILITY EASEMENT TO BE ABANDONED A portion of the East 6.00 feet of Lot 66 together with a portion of the West 6.00 feet of Lot 67-A, same also being a portion of the certain 12.00 foot Utility Easement shown on the plat of QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach County, Flodda, more fully described as follows: BEGINNING at the northeast comer of said Lot 66; THENCE South 88'13'32" East along the North line of said Lot 67-A, 6.00 feet; THENCE South 01'46'28" West, 168.76 feet; THENCE South 53'24'17" West, 15.31 feet; THENCE North 01'46'28" East, 177.73 feet to the North line of said Lot 66; THENCE South 83'37'53" East, along said North line, 6.01 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Flodda, containing 2,071 square feet, more or less. Land Description Prepared By: SHAH, DROTOS & ASSOCIATES 1835 S. Perimeter Road, Suite 190 Fort Lauderdale, Flodda 33309 Prepared by: MDR Checked by: MDR Project No.: 02-0593A March 19, 2003 SHEET 1 OF 2 SHEETS r SKETCH OF DESCRIPTION EXHIBIT"B" 12' UTILITY EASEF,~NT TO BE VACATED "/~ ! A PORTION OF LOTS 66 & 67-A IQUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9 ~ [ Z ,'.~ S83"37'53"E ; t/~..r LOT 6~ , SCAI ~' ~ ~ .... 601~ ~[: S88'1532'E ~' --~ ~ ~' ~,' ~ ~T 66 ~ .~.~ i~ t~ ' ~N. UNE 2~ ,= ,~ r G,' ~ r~C~ (', ~ , '.~ · :-- ~ ~ ~Z~.~ ....... ~E ~ H~ ~ ~ ~D~ ~ UNE ~ ~ ~-B , ~ 4. ~B B ~ A ~~ ~. ~RI~ REG~ON NO. 3998 ~NING ~ ASSOCIATES CERTIFICATE O¢ AUTHORI~ 'ION ~ ~ D~N ~R ~1~ M~ 1835 [ P~et~ R~d · Salts Ia fl. ~ude~al~ fl. 33~09 PH: g54-77~-7604 · F~: g54-776-7~08 -- LAND DESCRIPTION VILLAS AT QUANTUM LAKES, PHASE III 12 FOOT UTILITY EASEMENT TO BE DEDICATED A portion of Lot 67-A, same also being a portion of the certain 12.00 foot Utility Easement shown on the plat of QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach County, Flodda, more fully described as follows: COMMENCING at the northeast comer of Lot 66,as shown on said plat of QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9; THENCE South 88'13'32" East along the North line of said Lot 67-A, 18.98 feet to the POINT OF BEGINNING; THENCE continue South 88'13'32" East, along said North line, 12.00 feet; THENCE South 01'46'28" West, 163.27 feet; THENCE South 53'24'17" West, 31.86 feet; THENCE North 01'46'28" East, 15.31 feet; THENCE North 53'24'17" East, 16.56 feet; THENCE North 01'46'28" East, 157.47 feet to the POINT OF BEGINNING. Said lands lying in the City of B°ynton Beach, Palm Beach County, Florida, containing 2,215 square feet, more or less. Land Description Prepared By: SHAH, DROTOS & ASSOCIATES 1835 S. Perimeter Road, Suite 190 Fort Lauderdale, Flodda 33309 Prepared by: MDR Checked by: MDR Project No.: 02-0593A March 19, 2003 SHEET 1 OF 2 SHEETS SKETCH.OF DESCRIPTION EXHIBIT"B"/ 12' UTILITY .EASEMENT TO BE BEDICATED A PORTION OF LOT 67-A '~UANTUM PARK AT-BOYNTON BEACH, P.I.D., PLAT NO. 9 (PB 60 POS 32-33, PBCR) POINT OF COMMENCEMENT NORTHEAST CORNi :; LOT 66 OF -,. ~. BEGINNING SU .,~ID I~ NOT V.~ID. MICH~ D. RO~E ONLY PROFE:S~O~ SURVEYOR N~ID Id~PER 4. ~ ~ ~A ~ ~. ~ ~~ NO. ~~-~ ~2~2~ ~ DROTOS I ~ ASSOCIATES CERTIFI~T[ OF AUTHORI~TION NO. ~ 6456 ~H ,~ ~~N MDR M~ 1~ ~ P~e/er R~ · Suite fgoe R. ~al~ R. ~og EXHIBIT "C" Conditions of Approval Project name: Villas at Quantum Lakes Phase III (a.k.a. Quantum Park & Village South Residential) File number: ABAN 03-003 Reference: Request to abandon a 12-foot wide utility easement with a April 22, 2003 Planning and Zoning Division date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: 1. This Division approves the application to abandon this public utility easement X with the proviso that this action be concurrent with the relocated 12-foot utility easement to be dedicated. FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUll,DING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTERfENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 2. The project must obtain approval from the cable company (either Comcast or X Adelphia, whichever is applicable). Project name: Villas at Quantum Lakes Phase III (a.k.a. Quantum Park & Village South Residential) File number: ABAN 03:003 Page 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. MWR/elj S XPlanningXSharedXWpLOrojects\Villas at Quantum Lakes aka Grotto BayXABAN 03-003\COA doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Villas at Quantum Lakes Phase III (a.k.a. Quantum Park & Village South -- Residential) APPLICANT'S AGENT: Robert S. Fike - Olen Residential Realty Corporation APPLICANT'S ADDRESS: 1062 Coral Ridge Drive, Coral Springs, FL 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Request to abandon 12-foot wide utility easement. LOCATION OF PROPERTY: Quantum Park Lots 66 & 67A 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: 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 ~ 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 __ 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 S:\Planning\Shared\Wp\Projects\Villas at Quantum Lakes aka Grotto Bay~BAN 03-003\DO2.doc -- VIII.-PUBLIC HEARING - ITEM C. ._ CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April t5, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the July 15, 2003 City Commission Agenda under Public Heating. The Community Redevelopment Agency Board with a unanimous (5 - 0) vote, recommended that the subject request be approved, subject to all staff conditions except condition #2 which has been met, and additional conditions to increase project lighting and ensure public access along the north side of the proposed townhomes. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-156. EXPLANATION: PROJECT: Boynton Beach Marina Townhomes (COUS 03-003) AGENT: Lawrence Jusfiz, The Related Group Boynton Beach, LTD OWNER: TRG-Boynton Beach Ltd LOCATION: 743 NE First Avenue DESCRIPTION: Request for conditional use/site plan approval for the construction of 11 three, (3) story townhouse units on 7.349 acres in the Mixed-Use High (MU-H) zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: : N/A ALTERNATIVES: N/A Development Department Director City Manager's Signature 'Pl~'~nni~g and 'ctor City Attorney / Finance / Human Resources S:~PlanningXSHARED\WPLPROJECTS~BOYNTON BEACH MARINA\COUS-Townhomes 03-003XAgenda Item Request Boynton Beach Marina lownhomes COUS 03-003 7- l 5-03.dot S:~,ULLETIN~ORMS~kGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT '- PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-156 TO: Chairman and Members Community Redevelopment Agency THRU: Michael Rumpf~v'~ Director of Planning and Zoning FROM: Eric Lee Johnson, AICP¥''~?''- (~ Planner DATE: June 24, 2003 PROJECT: Boynton Beach Marina Townhomes / COUS 03-003 REQUEST: Conditional Use approval for 11 townhouse units in the Mixed-Use High (MU-H) zoning district PRO.1 ECT DESCR?PTZON Property Owner: TRG - Boynton Beach, Ltd. Applicant: TRG - Boynton Beach, Ltd. Agent: Lawrence ]ustiz Location: 743 Northwest 1~t Avenue (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Mixed-Use (MU) / Mixed-Use High (MU-H) Proposed Land Use/Zoning: No change proposed Proposed Use: Townhouses Acreage: 26,076 square feet / (0.60-acre) Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north city lift station : and undeveloped land occupied by mangroves zoned Central Business District (CBD); South: Right-of-way for Ocean Avenue and farther south is developed commercial (Ocean Plaza shopping center), zoned CBD; East: Right-of-way for Northeast 6th Street (a.k.a Marina Drive) and the [ntracoastal Waterway; and Boynton Beach Marina - COUS 03-003 Page 2 Memorandum No. PZ 03-15t~ West: Developed commercial property (First Financial Plaza), zoned CBD. BACKGROUND In 1997, the City Of Boynton Beach approved a site plan for the Marina. The site plan included an eight (8)-story building containing 220 rental apartment units, ground floor commercial area, a parking garage and a two (2)-story restaurant. The parking garage would have contained 605 parking spaces. In November 2000, the property ownership changed to AERC of Virginia, Incorporated. The City's Land Development Regulations were amended on .lune 18, 2002 to adopt zoning regulations for mixed-use zoning districts. After the creation of the Mixed-Use High (MU-H) zoning district, in September 2002, the City Commission approved a major site plan modification (MSPM 02-005) to the Marina. The project, known as the Residences at Marina Village was approved for two (2) mixed-use buildings and a parking garage. The mixed-use buildings were nine (9) stories tall and the parking garage was seven (7) stories tall. Compared with the 1997 plan, the number of apartment units increased from 220 units to 282 units and the total number of spaces proposed within the garage increased to 751. The property ownership changed again in December 2002. The current property owners (TRG - Boynton) were approved for another major site plan modification (MSPM 03-001). This project was approved for three (3) mixed-use buildings, a restaurant, and a parking garage. The location of the office / commercial uses would remain on the first floor of all three (3) mixed use buildings. However, compared with the 2002 plan, the number of stories increased from nine (9) stories to 15 stories (Building #1 and Building #2), the number of residential units increased from 282 to 338, and the area for the office / commercial uses increased to 17,591 square feet. In addition, the project proposed 12 townhouse units. However, at that time, townhouse units were not listed as permitted uses in the MU-H zoning district. Therefore, one of the conditions of approval for the major site plan modification (MSPM 03-001) stated the following' "Residential single-family attached units Cl'ownhouses) are not permitted in the MU-H district. (Chapter 2, Section 6.F. - Table 6.F-1). The applicant has requested a Code review to add Townhomes to the list of permitted uses. Site Plan approval is contingent upon the approval of this amendment to the LDR's." At the time of the request for major Site plan modification (MSPM 03-001), the applicant concurrently requested to amend the Land Development Regulations (CDRV 03-001) to allow Residential Single-family attached units within the MU-H zoning district. Staff opposed the proposed code revision due to it's contrast with athe intended purpose of the mixed use high district to facilitate the creation of an activity center. However, the City Commission granted the revision to allow townhouses in the MU-H zoning district but only as conditional uses (Ordinance 03-015). Now, this request for conditional use (COUS 03-003) would represent the townhouse portion of the Boynton Beach Marina major site plan modification (MSPM 03-001) that was approved on April 15, 2003. The applicant is providing a site plan that shows 11 townhouse units rather than 12 units, as originally seen by the Commission. According to the applicant, completion of the townhouse units would be completed in one (1) phase. STANDARDS FOR EVALUATZNG CONDI'I'ZONAL USES AND ANALYS~[S Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. Boynton Beach Marina - COUS 03-003 Page 3 Memorandum No. PZ 03-1~6 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 subject to conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: :t. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The project proposes two (2) points of ingress / egress, one (1) on klarina Way and the other along Boynton Beach Boulevard. Both openings are 24 feet w/de. The openings would accommodate a 12-foot w/de ingress lane and a 12-foot w/de egress lane. A 20-foot wide auto court would access the townhouses. This private drive, adorned w/th brick pavers, would provide access to the rear of each townhouse unit where the garages are proposed. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection 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. Required parking for the proposed res/dent/a/uses is based on the fo/lowing methodology: Two (2) and three (3) bedrooms require two (2) parking spaces. Since the proposed townhouses would be a m/n/mum of two (2) bedrooms each, a total of 22 parking spaces would be required. The site p/an (sheet A-2) and floor p/an (sheet A-5) show that two (2)-car garages are proposed for each unit. A/though the dimensions on the floor p/an/nd/cate that the vehicles would be parked in an "/n-#ne" configuration rather than s/de-to-s/de, t/~e garage space itself would provide for a total of 22 parking spaces, which complies w/th the Land Development Regulations. It must be noted that the "fee in lieu" of parking (associated w/th the Boynton Beach Platina approved earlier this year) would not be a component of this townhouse port/on of the project. 3. Refuse and service areas, with particular reference to the items in subsection I and 2 above. /Vo outs/de trash endosure is proposed. The site plan's Trash Area detail (sheet A-3) shows that refuse would be temporarily stored in an air-conditioned "trash room" to be located on the west s/de of the building. According to the applicant, the room is "intended for use only by the townhouses so that/ts use would be m/n/ma/. We do not expect problems w/th no/se': Staff concurs. 4. Utilities, with reference to locations, availability, and compatibility. Cons/stent with Comprehensive P/an po#c/es and city regulations, ali utilities, including potable water and sanitary sewer are available for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. Boynton Beach [vlarina - COUS 03-003 Page 4 Memorandum No. PZ 03-15'6 The proposed to'inhouse use would not require additional landscaping. Much of the landscape mater/a/for the subject site was approved ear#er this year as part of the major site p/an modification (MSPM 03-00]). According to the review of the major site p/an mod/ficaEon (see Memorandum No PZ03-067), the proposed landscaping for the entire site would meet or exceed the code. However, the staff report/dent/fled a shortcoming w/thin the landscape p/an (sheet L-2) /n terms of complying w/th the 50% nat/ye spec/es landscape requirement. The landscape p/an (sheet L-2) of MSPM 03- 00] showed that the 50% nat/ye requirement was met for trees and shrubs but not for the ancillary p/ants. The applicant had two (2) choices, either comply w/th the 50% requirement or obtain relief from the Land Development Regulations. Staff ant/c/pates that the applicant will submit a rectified landscape p/an at the t/me of permitting. The landscape p/an has not changed significantly/n association w/th this request for conditional use. However, the previously approved site p/an (sheet Al2 of MSPM 03-00]) showed the townhouse un/ts at ]]' w/thin one (]) continuous building. In contrast the new plans (for this conditional use request) show the continuous building separated into two (2) buildings containing a total of ]] un/ts, and separated by ]5 feet of landscaped area. The proposed landscape p/an (sheet L-3) shows that eight Alexander Palm trees and 200 Scheffiera arb/cola hedges would be installed w/thin this landscaped area. No new conditions of approval regarding the proposed landscape mater/a/are associated with this request for conditional use. All previous landscape conditions associated w/th the major site p/an modification (MSPM 03-00]) will be addressed during the permit~/ng process. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. No additional signs are associated with this request for conditional use. 7. Required setbacks and other open spaces. The proposed building would meet all setback requirements of the MU-H zoning d/strict. 8. General compatibility with adjacent property and other property in the zoning district. The Land Development Regulations were recently amended to allow townhouses (res/dent/a/, Single- family attached homes) as conditional uses in the Nixed-Use Low (MU-L) and Mixed Use (NU-H) zoning diOr/cts. As the proposed townhomes represent a sma//port/on of the entire project there should be minimal on-site impact and no adverse effects will occur from the proposed townhouse use. There will be little or no impact on the adjacent properties or the genera/area. However, the way/n which the sidewalks and buildings are configured, staff pragmatically ant/c/pates that the townhouse owners would complain of pedestrian traffic en route to the restaurants due to the narrow width of the sidewalk "in front" of their homes. The sidewalk/s proposed at seven (?) feet - four (4) inches/n width. Nevertheless, the configuration of the buildings, sidewalks, and dr/ye aisles meet the minimum Land Development Regulations and F/or/da Building Code requirements /n providing pedestrian and vehicular access. As indicated above,/t was staffs original pos/t/on that the proposed townhomes would be /ess compatible w/th the m/xed use project than the additional commercial uses that were previously approved where the townhomes are proposed. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. Boynton Beach Marina - COU$03-003 Page 5 Memorandum No. PZ 03-15~ The max/mum a//~'wab/e bu//d/ng height in the PIU-H zoning district is ]50 feet. The proposed bu//d/ng$ wou/d be three (3) stories /:a// and eas//y comp/y w//:h /:he zoning d/$/:r/cff~ max/mum a//owab/e he/gh/:. The e/evaEons ($hee/: A-d) do no/:/nd/cate the proposed bu//d/ng he/gh/:. This wou/d be required at/:he/:/me of perm/tt/ng (see Exh/b//: "C"- Cond//:/ons of Approva/). 10. Economic effects on adjacent and nearby properties, and the city as a whole. According to the app//can~, the townhouse un/~ wou/d "promo/:e pub//c appearance, comfo~ convenience, genera/we/fare, good order, hea/th, mora/s, prosperity, and safety of/:he city. The use creates a phys/ca/ env/ronmen¢ that is of a charac/:er and qua//ty /:ha/: peop/e wou/d wan/:/:o i/ye there and offer an investment mci:ire for home ownership. These are two (2) vii:a/ componen~ to achieving success in a m/xed-use down/own deve/opmen/:. The p/acement of/:ownhouses in /:he Plar/na Projec/: arch/tectura//y promotes an env/ronmen¢ of comfor~ and safety. By p/acing townhouses in that/ocat/on, pedestrians may use the wa/kways on either s/de of the townhouses and not fee/as if/:hey are wa/king through/so/ated areas/:hat wou/d be unoccupied at n/ghff; 1:[. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter :tg, Article I! of the City of Boynton Beach Code of Ordinances. (Part !!! Chapter 4 Site Plan Review). W//:h incorporation of staff commen~, /:he proposed projec¢ wou/d comp/y w//:h a// requ/remen~ of app//cab/e sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of ali conditions and staff recommendations contained here/n, the proposed use wou/d operate in a manner that is in comp//ance w/th the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATZON, Based on the discussions contained herein, compliance with development regulations, and the consistency with the Comprehensive Plan, staff recommends that this request be approved subject to satisfying all conditions of approval as contained in Exhibit "C". Furthermore, pursuant to Chapter 2 - Zoning, Section ~.1.2 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 (l) year be allowed to obtain a building permit for this project: (see Exhibit: "C' - Conditions of Approval). ELJ S \Planning~HARED\WP\PROJECTS\BOY'NTON BEACH MAR[NA\COUS.Townhornes 03.003\StaffRepo~ doc Location Map ~×,,~m ,,,,, Marina KE WORTH I CWW: CB:D- 1 ,, SITE ->- m , ~0 800 1200 F~t w~ EXHBIT "C" Conditions of Approval Project name: Boynton Beach Marina Townhomes File number: COUS 03-003 Reference: 2nd treview plans identified as a Conditional Use with a June 17, 2003 Planning and Zoning date DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742-6200) X regarding the storage and handling of refuse. The dumpster will be supplied by Public Works. 2. Staff has concerns regarding the proximity of the trash room/dumpster enclosure X to the Townhomes (Bld$. 4-Unit 1) with respect to noise and odor. PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 3. Fire flow calculations will be required demonstrating the City Code requirement X of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Article II, Section 26-16(b)). 4. CODE, Article II, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 5. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a mirhmum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in the CODE, Article II, Section 26- 33(a). 6. Provide a phasinl~ plan for water and sewer (sanitary, and storm) construction. X ENGINEERING DIVISION Comments: 7. Please note that changes or revisions to these plans may generate additional X COA O7/O9/O3 2 DEPARTMENTS INCLUDE REJECT comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 8. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, Section 5 X will be required at the time of permitting. Also provide drainage analysis showing compliance with the requirements of the SFWMD permit(s) and City of Boynton Beach requirements. 9. A complete review of the details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constructability at the time of construction permit application. FIRE X Comments: None POLICE X Comments: None BUILDING DIVISION X Comments: None PARKS AND RECREATION Comments: 10. The Parks and Recreation Facilities impact fee is figured based on 11 single X family attached (Townhouse) Units. The following fee is due at the time of first applicable building permit: 11 single-family attached units ~ $771 each = $8,481. FOiiESTERfENVIRONMENTALIST X Comments: None PLANNING AND ZONING ---------------- Comments: 11. The elevations shall indicate the ro osed bmld~n he~ ht. COA 07/09/03 ._ 3 DEPARTMENTS INCLUDE REJECT 12. Staff recommends that a period of one (1) year be allowed to obtain a building X permit for this portion of the Marina Project. 13. Continued compliance is required with amended mediation agreement including, X but not limited to the overlook area. COMMUNITY REDEVELOPMENT AGENCY CONDITIONS: Comments: 13. With direction from staff, delete Engineering condition #2 which has been X satisfied. 14. Provide decorative wall-mounted lighting fixtures on the north side of the X building. The lighting levels from the fixtures shall be indicated on the photometric plans and elevation drawings. 15. A public access easement shall be provided along the sidewalk, north of the X proposed townhouse units to ensure perpetual use and enjoyment by public. CITY COMMISSION CONDITIONS: Comments 15. To be determined. S:\Planning\Shared\Wp\Projects\BOYNTON BEACH MARINA\COUS-Townhomes 03-003\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: '- Boynton Beach Marina Townhomes APPLICANT'S AGENT: Lawrence Justiz - The Related Group, Ltd. APPLICANT'S ADDRESS: 2828 Coral Way Penthouse One Miami, FL 33145 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Request conditional use approval for 11 townhouse units on a 7.349 acre site in the Mixed-Use High (MU-H) zoning district. LOCATION OF PROPERTY: 743 Northeast 1st Avenue Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" A'I-rACHED 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 Community Redevelopment Agency, 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: 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 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 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 S:\PIanning\SHARED\WP\PROJECTS\BOYNTON BEACH MARINA\COUS-Townhomes 03-003\DO.doc VIII.-PUBLIC HEARING OF BOYNTON BEAt ITEM D. AGENDA ITEM REQUEST FUKM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetin,q Turned in to City Clerk's Commission Meetinq Dates Turned in to City Clerk's Office Dates Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) ':,~,~ -., [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) ~ .; .' [] Administrative [] Legal ~ '-- NATURE OF [] Announcement [] New Business AGENDAITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing Code Compliance/Legal [] Settlements [] Unfinished Business RECOMMENDATION: Staff recommends that the Commission approve Resolution R03- for two (2) Special Warranty Deeds conveying title to the Boynton Beach Faith Based Community Development Corporation (CDC) for: Lot 2, less the East 2.35' and West 1', Block 13, ROLLING GREEN RIDGE SEACREST ADDITION, as recorded in Plat Book 25, Page 22, of the Public Records of Palm Beach County, Florida, AND Lot 20, Block 25, ROLLING GREEN RIDGE FIRST ADDITION, as recorded in Plat Book 24, Page 223, of the Public Records of Palm Beach County, Florida. EXPLANATION: The CDC, in partnership with the City Of Boynton Beach as a believer in assisting families to obtain the "American Dream" of homeownership, has qualified two (2) applicants to build single-family homes on these properties, which will add to the growing number of homes being built on vacant lots throughout the City's redevelopment target area. These applicants must invest a minimum of $1,500.00 of their own funds toward the purchase of their homes, as well as maintain and reside in them for at least ten years after completion. PROGRAM IMPACT: Two (2) new single-family dwellings will be added to neighborhoods located within the City's target area. Upon approval this would enable vacant properties to become a part of neighboring homes, and aid in the elimination of slum and blight in the community, a goal of both the City Of Boynton Beach and the CDC. FISCAL IMPACT: The building of affordable housing will add to the tax base, as these vacant lots are not producing any taxes at this time. The value of both properties, less homestead exemption will be approximately $182,000.00. ,ALTERNATIVES: .,~qT~ keep the lots and continue maintaining themi, z/,~ V ~.J Depart'1~e~ He~ad~ Signat~]re C)~j, Manager's Signature Community Improvement Division Department of Development Department Name City Attorney / Finance / Human Resources S:\Community Improvement~,genda Requests~.003\CC7-15-03BBFBCDC-Lots.dot POINT VILLAS, CONDO 'h.]''~ ~ A THRU - ~1-'1., , ~ CLE~ ~BO FN T ON R5 M ~ BR i · (25-226) ~ - ....... ' ...... c' _i ,..,,,._ ~,.,. - , , . , , ~1~1 ~L ~ SOUTH PALM O C2 298 R5 ~ NW ~_15! fiVE '~ ,xl W I g tn fiVE " EXHIBIT "A" CDC B~ynum I:Jcacb P~itt, Ctaumunity ~y~lo~t Co~. , ' .......... May 29, 2~3 - --- ~n Be~, FL 3~2~3~0 ~r Ms. She.d: In ~ ~ pm~ ~e ~g~t quali~ and most a~a~le ho~s to our I~ and moderate tn~e ~ien~. ~e C~ ~uld tike ~ ~r~ase ~ ~ ~nfly o~ea by ~o Ci~ of Boynton ~, in o~r ~ deep sin~e ~miN ~m~. A~ess: N~ Palm Way (~e ~ .h~ ~is as being ~ O~nge) ~N: ~~1~01~ L~Oon: No~ Pa~ · a~t 0.5 ma~ N~ ~ Ga~y, ~e lot is j~t East of A s~nge shard I~ ~at ~11 mq~m a small mar ya~ ~an~. ~ ~t is on ~ si~e ~ ~ P~m ClOt: D~ M~li~s (Qua~ f~ ~25,~ ~ a~is~) Home: 3 ~O, 2 b~, ~~ ~ a~x: $112,~ Address: NW 2~ St PCN: 08-4~1~01~2~02~ Lo~fion: 2~ bl~, ~ind ~ C~ offi~ (~st). ~ of Gat~ay, just ~st ~ I-~, on ~ e~t side ~ 2~ SI Client: aobea and Mia Jones family (Qual~es for $20,0~ in Home: 3 ~, 2 ~, pu~a~ p~ appmx: $120,~ Boffi ~ie~ ~all~ for ~ebu~s assis~n~ ~m ~e Ci~; ~e, ~st~d ~ the C~ pu~asing ~ Io~, ~ey ~ ~so ~ d~ ~ ~e C~, a~ ~e ~1~ ~ the Io~ from ~e sub~ amount In boffi ~s ~ C~ i~ ~ding a ~mend~s ~ue to ~e ho~u~ f~ a ~and home. We gm~y a~am yo~ ~s~e~on, an~ ~ I~k fo~a~ ~ ~ng ~ ~u to assist ~m clients ~ ~ng Robert Dwelle, Director Office= 2191 N. Soacrest BI~ (SW comer of Seacrest and Ofltew~) Palm Beach County Property Apprmser Property Search System Page 1 of 2 . Gary R. Nikolits, CFA Palm Beach County Appraiser Public Access System Home S rhProperty Information ear]c Location Address: ORANGE ST Seadch Result . '1- Municipahty: CITY OF BOYNTON BEACH Prol:~ ;rty IDformqti..on .... _ yarc.e~ c;ontrm Number: 08-43-45-09-13-013-0022 uwn ~r nl'ormatlon Subdivision: ROLLING GREEN RIDGE SEACREST ADD IN Stru, tural ~)ef~icliaI Records Book: 11919 Page: 1552 Sale Date: Jul-2000 Extr; Features ROLLING GREEN RIDGE SEACREST ADDLT 2 (LESS E 2.35 FT & W 1 Lan( Detail Legal Description: FT)BLK 13 Tax )etail Prin~ hdufm~[iu. Property Appraiser - Ov#f~lP~formation 1[ Name: BOYNTON BEACH CITY OF Mailing Address: PO BOX 310 BOYNTON BEACH FL 33425 0310 Fil Owner~_ -2002 Certified Appraisal N umber of 0 ~ Structural... Improvement Value: $0 Units: Land Value: $13,000 Total Sq. Ft: [ Extra... Market Value: $13,000 Acres: .00 I Land,.. Use Code: 0000 Description: VACANT 2002 Certified Tax / Ad Valorem: Non ad valorem: $0.00 Total: $0.00 [ Oetaii... [ 2002 Certified Assessed & Taxable Values Assessed Value: $13,000.00 Exemption amount: $13,000 Taxable: $0.00 i2002 Exemption Homestead Receipt #: 0000000 Exemption Address: ORANGE ST Full: Municipal Government: TOTAL: $0 http://www.co.palm_beach.fl.us/papa/main/detail_info.asp?p_entity=08434509130130022 6/13/2003 Palm Beach County Property Appraiser Propert?' Seaz'ch System Page 1 of 2 /i- Gary R. Nikolits, CFA Palm Beach County Appraiser Public Access System Home Sear~hProperty Information Sear~ch Result Location Address: NW 2ND ST e Municipality' OF BOYNTON BEACH Pro rty h3formqti..on .... . CITY A / . j-arc.e~ ~ontrol r~umDer: 08-43-45-16-01-025-0200 uwnler Inl'ormatlon | Subdivision' ROLLING GREEN RIDGE 1ST ADD IN PB 24 PGS StruCtural Detail ' [ Official Records Book: 14821 Page: 1802 Sale Date: Feb-2003 Extra Features . [ .... Legal Description: ROLLING GREEN RIDGE 1ST ADD LT 20 BLK 25 Lan~uetau Tax ~3etail Print Information Property Appraiser - Owi¥(~nfo rmation Name: BOYNTON BEACH CITY OF Mailing Address: 100 E BOYNTON BEACH BLV PO BOX 310 BOYNTON BEACH FL 33406 ~AII Owners.] -2002 Certified Appraisal Improvement Value: $0 Number of 0 ~ StructuraL..] Units: Land Value: $11,000 Total Sq. Ft: [ Extra... ] Market Value: $11,000 Acres: .00 [ Land... ~ Use Code: 0000 Description: VACANT -2002 Certified Tax Ad Valorem: Non ad valorem: $0.00 Total: $0,00 I Detail... 2002 Certified Assessed & Taxable Values Assessed Value: $11,000.00 Exemption amount: $11,000 Taxable: $0.00 2002 Exemption Homestead Receipt #: 0000000 Exemption Address: NW 2ND ST Full: County Government: TOTAL: $0 http ://www.co.palm-beach. fl.us/papa/main/detail_info.asp?p_entity=08434516010250200 6/13/2003 VIII.-PUBLIC HEARING TEM D. RESOLUTION NO. R03- A RESOLUTION OF IHE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE TWO SPECIAL WARRANTY DEEDS FOR (2) VACANT LOTS OWNED BY THE CITY TO BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, A NON-PROFIT ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City currently holds fee simple titles to certain vacant lots located in Cherry Hills Subdivision; and WHEREAS, the Boynton Beach Faith Based Community Development Corporation "CDC") has qualified two applicants to build single-family homes on properties currently y the City of Boynton Beach, located in the City's redevelopment target area; and WHEREAS, the building of affordable housing will add to the tax base of the City; WHEREAS, the Commission upon recommendation of staff, has deemed it to be in best interests of the citizens and residents of the City t o g rant conveyance b y Special Deed of the two (2) vacant lots within the Cherry Hills Subdivision to Boynton leach Faith Based Community Development Corporation, as described below: Lot 2, less the East 2.35' and West 1', Block 13, ROLLING GREEN RIDGE SEACREST ADDITION, as recorded in Plat Book 25, Page 22, of the Public Records of Palm Beach County, Florida And Lot 20, Block 25, ROLLING GREEN RIDGE FIRST ADDITION, as recorded in Plat Book 24, Page 223, of the Public Records of Palm Beach County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: ;:\CALRESO~Real Estate\CDC Deeds 071003.doc Seclion 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize the conveyance by Special Warranty Deeds of two (2) vacant lots within Cherry Hill Subdivision to the Boynton Beach Faith Based Community Development ! tCorporation. Section 2. The Boynton Beach Faith Based Community Corporation shall use the said two (2) lots within two (2) years of conveyance, or the lots will revert back to the City. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of July 2003. CITY OF BOYNTON BEACH, FLOR/DA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) ;:\CALRESO\Real Estate\CDC Deeds 071003.doc THIS INSTRUMENT WAS PREPARED BY: JAMES A. CHEROF, ESQUIRE P.O. Box 310 Boynton Beach, FL 33425 SPECIAL WARRANTY DEED THIS INDENTURE, made this day of July, 2003, between THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "Grantor") and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, a Florid Non Profit organization, whose principal address is 2191 N. Seacrest Blvd., Boynton Beach, Florida 33435 ,Palm Beach County, Florida (hereinafter referred to as "Grantee"). W I T N E S E T H: That said Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to wit: Lot 20, Block 25, ROLLING GREEN RIDGE FIRST ADDITION, as recorded in Plat Book 24, Page 223, of the Public Records of Palm Beach County, Florida. Grantor does hereby warrant title to the land, and will defend the same against the lawful claims of all persons claiming by, through, or under the Grantor, but against none other. GRANTEE covenants that the real property conveyed by this instrument must be used to benefit Iow and moderate income persons and/or families, as those terms are defined by the U.S. Department of Housing and Urban Development and Palm Beach S: \CA\Departments\Community Redev\faitb_based community - CDC 071003-2.doc Page 1 County, for a period of twenty (20) years from the date hereof. GRANTEE also covenants that the real property shall be used within two years from the date hereof. In the event of a breach of this covenant, title shall revert to GRANTOR. IN WITNESS WHEREOF, Grantor has caused this Deed to be executed by its duly authorized officer the day and year first above written. Signed, sealed and delivered in our presence: Witnesses: CITY OF BOYNTON BEACH by: Signature Mayor (Type or print name) Approved as to Form: Signature City Attorney (Type or print name) STATE OF FLORIDA ) ) SS.: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this ~ day of May, 2000, by GERALD BROENING as Mayor of THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, on behalf of the corporation, who is personally known to me, and who did not take an oath. My Commission Expires: NOTARY PUBLIC (Type or print name) S:\CA\Departments\Community Redev\faithbased community - CDC 071003-2.doc Page 2 THIS INSTRUMENT WAS PREPARED BY: JAMES A. CHEROF, ESQUIRE P.O. Box 310 Boynton Beach, FL 33425 SPECIAL WARRANTY DEED THIS INDENTURE, made this day of July, 2003, between THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "Grantor") and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, a Florid Non Profit organization, whose principal address is 2191 N. Seacrest Blvd., Boynton Beach, Florida 33435 ,Palm Beach County, Florida (hereinafter referred to as "Grantee"). W I T N E S E T H: That said Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to wit: Lot 2, less the East 2.35' and West 1', Block 13, ROLLING GREEN RIDGE SEACREST ADDITION, as recorded in Plat Book 25, Page 22, of the Public Records of Palm Beach County, Florida. Grantor does hereby warrant title to the land, and will defend the same against the lawful claims of all persons claiming by, through, or under the Grantor, but against none other. GRANTEE covenants that the real property conveyed by this instrument must be used to benefit Iow and moderate income persons and/or families, as those terms are defined by the U.S. Department of Housing and Urban Development and Palm Beach S: \CA\Departments\Community Redev\faithbased community - CDC 071003 .doc Page 1 County, for a Period of twenty (20) years from the date hereof. GRANTEE also covenants that the real property shall be used within two years from the date hereof. In the event of a breach of this covenant, title shall revert to GRANTOR. IN WITNESS WHEREOF, Grantor has caused this Deed to be executed by its duly authorized officer the day and year first above written. Signed, sealed and delivered in our presence: Witnesses: CITY OF BOYNTON BEACH by: Signature Mayor (Type or print name) Approved as to Form: Signature City Attorney (Type or print name) STATE OF FLORIDA ) ) SS.: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this __ day of May, 2000, by GERALD BROENING as Mayor of THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, on behalf of the corporation, who is personally known to me, and who did not take an oath. My Commission Expires: NOTARY PUBLIC (Type or print name) S: \CA\Departments\Community Redev\faithbased community - CDC 071003 .doc Page 2 VZ] Z.-PUBL] C HEARZNG 'TEM E. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOI M Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetinq Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Office Dates Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] Apdl 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 Apd114, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDAITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing Code Compliance/Legal [] Settlements [] Unfinished Business RECOMMENDATION: Authorize a public hearing on the City's application for a Section 108 Loan Application to the U. S. Department of Housing and Urban Development EXPLANATION: At it's April 15, 2003 meeting, the City Commission authorized staff to apply for a HUD Section 108 Loan for the purpose of initiating Phase Property Acquisition in the Heart of Boynton Community Redevelopment Area. Staff has determined that a loan of approximately $2,500,000 will be required to successfully implement this project. PROGRAM IMPACT: The implementation of this project is in line with the National Objectives of the Community Development Block Grant Program as it relates to the elimination of slum and blight. This project will also enhance the proposed Commercial Development in the downtown area, and the east of the proposed project on MLK Blvd., by providing housing that will be needed as a direct result of jobs that will be created. FISCAL IMPACT: The repayment of this loan will be guaranteed by the City's annual Community Development Block Grant allocation over a period of twenty years. The repayment at this time is expected-to be approximately $227,000 in principal and interest. ALTERNATIVES: Use proceeds from the city's general fund or CRA TIF revenues for proposed Phase I property acquisition and relocation a~tivities or indefinitely postpone the ~m plementati°~a,~)B°ynt°n Plan'' '" / ~:::~u,~,~ - Depa'~r~r~'H~ad's'~igna~re Signature Department of Development Community Improvement Division Department Name City Attorney / Finance / Human Resources C:\My Documents~003\CC7-15-03Section 108LoanApp.dot MEMORANDUM To: Kurt Bressner, City Manager From: Quintus Greene, Development Director Date: July 8, 2003 Re: HUD Section 108 Loan Application As we discussed, I spoke this morning with the Program Manager for Community Planning and Development in the Miami Office of the Department of Housing and Urban Development. She confirmed the direction from other staff that the interest rate they are recommending for the Section 108 Loan is 6.5 percent. Although, this is obviously considerably more than the approximate 1.8 percent interest rate, based on the 3 month London Interbank Offered rate (LIBOR) that we had earlier been led to believe was the basis for determining the rate for interim financing, it is consistent with the going rate for other recent 108 Loan projects in Miami and Pompano Beach. According to the Program Manager, this is a "worse case" scenario which could improve by the time of final HUD approval. In any case, based on our calculations, the difference in the annual debt service between the two rates amounts to approximately $75,000. Although this amount may have an impact on the number and type of sub-recipients the city chooses to fund from its Community Development Block Grant (CDBG) allocation in future years, it will not adversely affect the ability of the city to carry out its core housing rehabilitation and rehab delivery programs. Accordingly, we recommend going forward with the Section 108 application. Staff will be glad to answer any questions the City Commission or the public may have. EXHIBIT "A" SECTION 108 LOAN GUARANTEE LOAN PROGRAM APPLICATION CITY OF BOYNTON BEACH HON. GERALD BROENING~, MAYOR KURT BRESSNER~, CITY MANAGER APPLICATION SUBMISSION DATE AUGUST 2003 PREPARED BY CITY OF BOYNTON BEACH DEPARTMENT OF DEVELOPMENT QUINTUS L. GREENE, DIRECTOR OCTAVIA S. SHERROD, COMMUNITY IMPROVEMENT MANAGER Application for Fe e 'al Assistance 2. Date Submitted Applicant Identifier 08/15/03 B-02-MC-12-0043 1, Type of Submission: 3. Date Received by State State Application Identifier Application: Non - Construction 4. Date Received by Federal Agency Federal Identifier Preapplication: Not Applicable 59-6000282 5. Applicant Information Legal Name Organizational Unit City of Boynton Beach Local Government Add ress Contact 100 E. Boynton Beach Blvd. Octavia S. Sherrod Boynton Beach, FI 33425 561/742-6066 Palm Beach 6. Employer Identification Number (EIN): 7. Type of Applicant: Municipal 8. Type of Application: Type: Continuation 9. Name of Federal Agency: U. S. Dept. of Housing & Urban Development 10. Catalog of Federal Domestic Assistance Number: 11. Descriptive Title of Applicant's Project: Catalog Number: 14-21 Property Acquisition, demolition and repiaceme~tt, Assistance Title: Section 108 Loan ApplicaUon housing 12. Areas Affected by Project: Heart of Boynton Census Tract 61.00 13. Proposed Project: I I I 14. Congressional Districts of: I Start Date I End Date a. Applicant b. Project 10/01/02 09/30/04 23 23 15. Estimated Funding: 16. Is Application Subject to Review by State Executive Order 12372 Process? a. Federal $2,500,000 Review Status: Program not covered b. Applicant $0 c. State $0 d. Local 17. Is the Applicant Delinquent on Any Federal Debt? $0 No e. Other $o f. Program Income ~ $0 g. Total $ 2,500,000 18. To the best of my knowledge and belief, all data in this application/preapplication are true and correct, the document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a. Typed Name of Authorized Representative I b, Title c. Telephone Number Kurt Bressner I City Manager (561) 742-6010 d. Signature of Authorized Representative e. Date Signed " CITY OF BOYNTON BEACH SECTION 108 LOAN APPLICATION II. Project Description The City Of Boynton Beach under the leadership of Mayor Gerald Broening and the City Commission recognized the need for a comprehensive redevelopment effort within one of its more distressed neighborhoods. With the assistance of Strategic Planning Group, ]:nc., RMPK Group, and .lEG Associates initiated a two-year participatory planning effort in the project area that is now known as The Heart of Boynton. Bounded by Seacrest Boulevard to the east, N.W. Ist Street to the west, N.W. 11th Avenue to the north, and Martin Luther King, _Ir. Boulevard to the South, the area is located within the "Heart" of the Community Development Block Grant Target Area. ]:t is also contiguous to the targeted Commercial area along Seacrest Blvd., and extends eastward on Martin Luther King, Jr. Blvd. Along with the Central Business District, this area is also a part of the City's Community Redevelopment Area (CRA). Tn support of the major redevelopment efforts in the City's Commercial Redevelopment area, the request of HUD is for $2,500,000 in a Section 108 loan to be used in the land assembly process for land acquisition, relocation, demolition and site remediation costs, and to assist in the development fees that will impact the construction of approximately 25 desirable single-family homes on approximately 5.32 acres. The basis for this request is to assist in the elimination of slum and blight. The Boynton Beach Faith Based Community Development Corporation, a local Community Based Development entity under the leadership of the Local ]:nitiatives Support Corporation (L]:SC), has been working with residents in this area as a partner with the City of Boynton Beach in its efforts to provide affordable housing. This entity has provided four new properties and twelve existing homes for as many families, and counseled over some three hundred prospects. They will partner with a for profit developer to develop this project as a joint venture. -2- Aside from providing affordable housing, this project will increase the amount of affordable housing that will be accessible to planned Commercial Development in the Downtown Commercial Redevelopment Area, as well as the planned development which will be contiguous to this project just east on Martin Luther King, Ir. Blvd. This redevelopment will provide jobs and increase the community's overall marketability to the private sector as a part of the larger scheme of the City's Redevelopment Plan. This Application meets all of the rating factors. The City of Boynton Beach has been active in redevelopment for many years, and has had substantial success more particularly on the residential side. The Project area is highly distressed with a 75% minority concentration and has a 59.9% Iow-mod income level. 31% of the population of the target area is below the poverty level. During the past decade, The Heart of Boynton area has seen a 7.4% decline in its housing stock, and has a 44% rate of renter occupied units, the highest in the city. 83.10% of the dwellings in this area are below the median value of dwellings in the city. As the City has previously acquired and cleared various sites in the area, environmental assessments have been performed and no contamination from underground tanks and automotive or other uses have been found. III. SOURCES AND USES The following represents an estimate of Project financing: Sources Amount Type % First Mortgage : $2,427,171 Loan 42.4 Section 108 Second Mortgage $2,500,500 Loan 43.7 State Housing l:nitiatives Partnership (SHTP) $300,000 Grant 5.2 Florida Housing Finance $500,000 Loan 8.7 Uses Acquisition of Land and Buildings ...................................................... $1,440.495 Construction .................................................................................... $3,000,000 Construction Contingency (5%) ........................................................... $240,000 Relocation Costs ................................................................................. $570,200 Demolition ......................................................................................... $110,000 Architectural ........................................................................................ $56,000 Inspections .......................................................................................... $16,000 Appraisals & Surveys ............................................................................ $18,000 Environ mental ...................................................................................... $15,000 Closing ................................................................................................ $72,025 Legal fees .......................................................................................... $100,000 Other Soft Costs ................................................................................... $50,000 Selling and Marketing Costs .................................................................. $22,000 Soft Costs Contingency (5%) ................................................................ $17,451 Total Cost ................................................................................................ $5,727,171 Estimated Development Cost Per Unit is $229,086.00 IV. National Objective The Project meets the CDBG program's national objectives of benefit to Iow and moderate income families and aid in the prevention of slum and blight, as outlined in 24 CFR 570-200 (a) (2); and, 570-208 (a) (1) (3) (4), area benefit, housing activities, and job creation. To this end, the project plans to provide 25 newly constructed permanent single family homes to be marketed at affordable prices to Iow and moderate income families. V. Public Benefit Standards The benefit test that.must be met is the cost per job must not exceed $35,000. With a total of $2,500,00.00 of Section 108 funds, this would mean the project must create a minimum of 71.5 jobs. The Heart of Boynton Project will provide affordable housing for the planned $40,000,000 mixed use project just east on MLK Blvd., which will also provide 40,000 square feet of commercial space, which equates to a minimum of 2 jobs per 1000 square feet, or 80 jobs. The actual job generation may be higher if there are -4- restaurants, whic~h could produce 3 to four jobs per 1000 square feet, and office space typically produces 4 jobs per 1000 square feet. Downtown Development projects which are within close proximity to the Project are expected to produce another 66,000 square feet of commercial mixed use, which equates to a minimum of 2 jobs per 1000 square feet, which would generate a minimum of 132 jobs. The actual job generation may be higher due to restaurants and office space generating 3 to 4 jobs per 1,000 square feet. Vi:. Overview of the Economic Development Plan for Project Area. The Heart of Boynton Plan is part of the City's overall economic development strategy within the City's Community Redevelopment Area. Aside from providing affordable housing opportunities, the project will also increase the amount of affordable housing that will be accessible to planned jobs in the nearby downtown area for the recently approved projects known as The Marina, and The Arches, as well as planned mixed use commercial and residential units planned for the Martin Luther King, .ir. Blvd. area east of Seacrest Blvd. The Community Redevelopment Agency (CRA) for the City of Boynton Beach has budgeted approximately $500,000 to purchase commercial properties on Martin Luther King, .Ir. Blvd., as well as committing to identifying a qualified, experienced for profit developer. The planned project for this site will include 40,000 square feet of mixed use commercial space, and 150-180 townhouses. This project is estimated to yield approximately 80 jobs. The City of Boynton Beach has begun providing technical assistance to current property owners on the Blvd. who will become potential partners in this venture. The Boynton Beach Faith Based Community Development Corp., an experienced housing development non profit, which has developed single family housing within the last two years, and has Counseled hundreds of first time homebuyers over this period with many potential buyers in the pipeline at any given time. ]:n addition, the R. M. Lee Community Development Center has also been identified as a potential partner in this venture. The Local :Initiatives Support Corporation (L:[SC) is participating in the project through the -5- contribution of equity funds and involvement n the ongoing community outreach process. The City of Boynton Beach has approved two major developments in its downtown CBD area. The first plan is for a Marina Project valued at $92,000,000, which will consist of 17,600 square feet of retail and 8,000 square feet of restaurant space. This project will yield, at a minimum, approximately 63 jobs, averaging 3.5 jobs per :~000 square feet proposed. The second project, The Arches, will consist of 3.5 acres or 40,500 square feet of retail space, and 12,100 square feet of office space, which should yield approximately 105 jobs. The roughly 212 jobs estimated to be produced as a result of all of the proposed development projects in close proximity to the planned project area for which the City of Boynton Beach proposes to use the Section 108 Loan meets all tests in the provision of jobs required. VII. Repayment and Loan Security The City of Boynton Beach is anticipating that the repayment term for the Section ::[08 Funds will be for 20 years. The repayment will come from the annual Community Development Block Grant allocation. VIII, Capacity to Xmplement Specific Steps A. Performance in administering CDBG and other programs The City of Boynton:Beach is a federal CDBG and State of Florida Housing ]Initiatives (SH:[P) entitlement community. The City has successfully administered its CDBG program since 1997. Through citizen participation, and partnering with both public and private sector organizations and community development corporations, it has implemented a wide range of eligible and fundable projects and activities. The City currently has no open audit findings relative to its CDBG program and has responded -6- satisfactorily to any issues raised during routine monitoring visits. The City has expended its funds in an expeditious manner and at a Iow cost per benefit realized. Over the past five years, the City has allocated $635,000 in CDBG and other funding for economic development related projects. The following are some of the Economic and Housing Development activities and projects carried out by the City through its use of CDBG and other funding: Hawks Landing: Development of a subdivision of 18 single family for sale units of workforce housing that are being sold to families of which at least 51% are Iow- and moderate income. Status: Project under construction. East Ridge: Development of a subdivision of 32 single family for sale units of workforce housing that were sold to families of which at least 51% are Iow and moderate income. Status: Project completed and sold out. Palm Beach County Resource Center: The City has provided over $105,000 in £DBG funds over the past three years to this business development agency. As a result of the funding, the agency has assisted 53 businesses in Boynton Beach to create or retain 15 Iow and moderate -income jobs. Status: Ongoing. United Forward: The Eib/provided a one-for one match of $50, 000 in £DBG funds, and $50,000 in utility tax funds for a business which will create 32 iow and moderate income jobs. Palm Beach County provided another $100,000 for the match. SkillBuilders: The City provided $50,000 in CDBG funds to develop a program through the use of it's local non profit, The Faith Based Community Development Corporation to introduce Iow and moderate income individuals to the construction industry. Goals obtained were the provision of training in the different construction skills, provided opportunities for the participants to receive hands on experience, and referred interested persons to pre-apprenticeship programs. Over 45 Iow and moderate income persons participated in the program and over 6 persons enrolled in pre-apprenticeship programs, which created 6 jobs for Iow and moderate- income individuals. B. Performance and capacity in carrying out economic development projects The City of Boynton Beach works closely and continually with community groups and community based agencies. As part of the Heart of Boynton project, city staff has assisted the residents of the project area in forming neighborhood associations as community stakeholders. In addition, city staff frequently attends community meetings and works closely with these local citizens' groups, and for profit and non-profit groups to ensure that Iow- and moderate-income residents receive economic benefits from the redevelopment of their community. The City has retained the Palm Beach County office of Local Initiatives Support Corporation, a national financial and community development intermediary, to help plan and implement the redevelopment project to be funded by this Section 108 application. A joint venture will be developed between one of two local community development corporations (CDC), community partners, and a for-profit developer. A limited liability form of corporation (LLC) is proposed for this joint venture. Both members will bring specific skills and resources to the project. The City has partnered with Palm Beach County Resource Center in providing education and technical assistance to existing and startup businesses. Many of these businesses have been located within proximity of the target area, and have provided jobs for its residents, and provided loan opportunities through the Business Loan Fund of Palm Beach County. -8- X. Certifications and Citizen Participation Citizens from the project area attended the April 15, 2003, Commission meeting specifically to voice their approval to move forward with this project and the submittal of a Section 108 Loan Application. As a result, the City Commission conducted a public hearing on July 15, 2003, in conjunction with its approval of the City's Annual Consolidated One Year Action Plan to include the project being assisted with Section 108 funds. The Commission approved the Action Plan and authorized the submittal of the Section 108 application certificate of adoption, which is included as attachment. The certification of adoption includes the required HUD certifications. XI. Who to Contact All questions concerning this proposed Section 108 Loan Guarantee request should be addressed to: Quintus L. Greene, Director of Development City of Boynton Beach :[00 East Boynton Beach Blvd. Boynton Beach, Florida 33435 Phone: (561) 742-6372 Fax: (56:!.) 742-6089 g ree neq@ci, boynton-beach .fi. us Octavia S. Sherrod, Community Improvement Manager Phone: (561) 742-6066 Fax: (561)742-6089 sherrodo@ci, boynton-beach .fl. us -9- VI I"PUBLIC HEARING CITY OF BOYNTON BEA{ ITEM G. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be [umed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May20,2003 May 5, 2003 (Noon) [] July15, 2003 June 30, 2003 (Noon) ! [] Administrative [] Legal -- NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to deny the appeal of a bid protest from CONDO ELECTRIC & INDUSTRIAL SUPPLY, INC. for the "PURCHASE OF TWO (2)NEW AND UNUSED ll0HP SUBMERSIBLE WASTEWATER PUMPS", Bid #027-2822-03/CJD and accept the recommendation of City staff and the City Manager. EXPLANATION: On February 4, 2003, Procurement Services opened six (6) bid proposals for the submersible pumps. After review and evaluation, it was determined to award the bid to Ellis K. Phelps and Company, the highest, yet, the most responsive, responsible bidder who met all specifications. Commission awarded the bid on April 15, 2003. Subsequent to bid award Condo Electric & Industrial Supply, Inc. filed a bid protest on April 24, 2003 (copy attached). Although the bid has been awarded, the purchase order has not been issued by Procurement Services pending a final resolution to the bid protest. The submersible pumps are for Master Lift Station 356 located at the east end of Boynton Beach Boulevard near the proposed Marina project. This master pump station manages the wastewater flows from 1-95 to the Atlantic Ocean, and from the south City limits to the Boynton C-16 Canal. The specifications as bid were developed by CH2M Hill and Utilities staff to allow for maximum life expectancy, reliability, and operational cost of the proposed pumps. Considering the pumps are to be installed in the highest volume lift station in our system, it is very important that the City install the best equipment for the pumping requirements. After review of the bid proposals by Utilities Department, and the consulting firm CH2M Hill, it was determined that the bid proposal submitted by Condo Electric & Industrial Supply, Inc. did not meet thirteen (13) bid specifications, and was therefore not responsive to the bid requirements. In accordance with the City;s Administrative Policy Manual (APM), Purchasing Policy No. 10.14.01, Bid Protest, Condo Electric & Industrial Supply, Inc. filed a letter of bid protest on April 24, 2003. In this letter each of the thirteen (13) items that did not meet bid specifications were addressed with further explanation. Procurement Services provided the bid protest letter to Utilities Department to coordinate with CH2M Hill for technical review in regards to the comments. Upon review, it was the decision of Utilities Department (attached memo dated 05/19/03), and CH2M Hill (attached letter dated 05/15/03) that the submersible pumps bid by Condo Electric & Industrial Supply, Inc. was not responsive to the bid specifications. Upon review, the City Manager officially denied the bid protest as set forth in correspondence from the City Attorney's Office (attached letter dated 06/25/03). S:LBULLETIN~FORMSLAGENDA ITEM REQUEST FORM.DOC -- CITY OF BOYNTON BEACH -- AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The purpose of the submersible pumps is to be used for Master Lift Station//356 located at the end of Boynton Beach Boulevard and U.S. #1, adjacent to the downtown storm water pond. FISCAL IMPACT: The submersible pumps awarded to Ellis K. Phelps and Company, of Apopka, Florida, are for $42,752.00 each, or a total cost of $85,504.00. Deputy Director of l~ina-ncial Services ~ -Ci~ Manager's Stgnature Procurement Services Department Name City Attorney / Finance / Human Resources cc: Dale Sugerman - Assistant City Manager Mark Law - Deputy Director of Utilities File S:XBULLET1N~ORMSXAGENDA ITEM REQUEST FORM.DOC Glinski, Bonnie From: -Lamanna, Rosemarie Sent: Tuesday, July 01,2003 8:35 AM To: Glinski, Bonnie Subject: FW: Condo Electric - Commission Agenda Item FYI ..... Original Message ..... From: Pawelczyk, Michael [mailto:mpawelczyk @ cityatty.com] Sent: Tuesday, July 01, 2003 8:09 AM To: Atkins, Bill Cc: Lamanna, Rosemarie Subject: RE: Condo Electric - Commission Agenda Item I reviewed the Agenda Item and comment as follows: 1. Under "NATURE OF AGENDA ITEM," the item is listed as being a Consent Item. We discussed this issue yesterday and I thought you were going to place the item under the Public Hearing portion of the agenda, subject to change by the City Manager or City Clerk. 2. The "RECOMMENDATION" should be revised, as no motion is necessary to hear the appeal of Condo Electric. I would think that the motion would be to deny the appeal of Condo Electric, accepting the recommendation of City staff and the City Manager. 3. In the last paragraph, you should reference the decision of the City Manager as set forth in correspondence from the City Attorney's Office (attached letter dated 06/ /03). This correspondence should be attached as it is this decision that is being appealed by Condo Electric. Should you have any questions, please do not hesitate to contact me. Michael J. Pawelczyk Assistant City Attorney GOREN, CHEROF, DOODY & EZROL, P.A. 3099 E. Commercial Boul _eyard, Suite 200 Fort Lauderdale, Florida 33-308 Tel. 954.771.4500 Fax 954.771.4923 > ..... Original Message ..... > From: Atkins, Bill [SMTP:AtkinsB@ci.boynton-beach.fl.us] > Sent: Monday, June 30, 2003 5:54 PM > To: 'mpawelczyk@c~atty.com' > Subject: Condo Electric - Commission Agenda Item > Mike, attached below is the Commission Agenda Item for the appeal to the > bid > protest filed by > Condo Electric. Please review and comment. This was actually due to the > City Clerk by noon > today to meet the schedule for agenda items. Upon our review and > completion...I will send it > down to the City Clerk. > Thanks > Bill > <<Appeal of Bid Protest - Condo Electric (110 HP Submersible Pumps).dot>> > << File: Appeal of Bid Protest - Condo Electric (110 HP Submersible > Pumps).dot >> Glinski, Bonnie From: -Pawelczyk, Michael [mpawelczyk@cityatty.com] '~ent: Monday, June 30, 2003 1:39 PM to: Atkins, Bill Cc: Cherof, James; Lamanna, Rosemarie; Bressner, Kurt; Sugerman, Dale; Prainito, Janet; Glinski, Bonnie Subject: RE: Condo Electric Bid Protest 027-2822-03/CJD Thanks for the update. It does not really matter where on the agenda these bid protest appeals are placed, as long as the protesting party is given the opportunity to present his or her appeal to the City Commission. I agree with your course of action that you will prepare the Agenda Item and we will notify Condo Electric that their item will be considered by the City Commission at its meeting of 7/15. Please provide the bidder to whom this contract was initially awarded all information regarding the bid protest and the Condo Electric Appeal, as they to, may want to appear at the 7/15 meeting. Finally, under the Policy, the City does not provide a written response to the appeal of the City Manager's decision, and as with the Martin's Uniforms protest, we merely provide notification to the protesting party of the date on which the City Commission will consider their appeal. Please make sure that the appropriate staff members will be there to address questions from the City Commission with respect to the bid documents and specifications and the responsiveness to the specifications. If you have any questions, please do not hesitate to contact me. > ..... Original Message ..... > From: Atkins, Bill [SMTP:AtkinsB@ci.boynton-beach.fl.us] > Sent: Monday, June 30, 2003 9:11 AM > To: 'mpawelczyk@cityatty. com' > Subject: FW: Condo Electric Bid Protest 027-2822-03/CJD > Forwarding to your other_e-mail address since you might not of seen this. > Although Kurt is suggesting it be placed at the beginning of the meeting, > it > would appear that it should > be under Public Hearing just like the Martins Uniform. I can prepare a > Commission Agenda Item basically > giving the information about the protest, and the generator has was > awarded > by Commission, but no purchase > order has been issued pending the outcome of the appeal. > Also, Kurt mentioned~something about me calling the vendor...which I can > do, > but since it is a legal matter > I assume you will provide a written response to the appeal similar to > Martins Uniform. > Please advise. > Bill > > ..... Original Message ..... > > From: Bressner, Kurt > > Sent: Monday, June 30, 2003 8:15 AM > > To: Atkins, Bill > > Cc: Sugerman, Dale; Pawelczyk, Mike; Prainito, Janet; Glinski, Bonnie; > > Cherof, James > > Subject: Condo Electric Bid Protest 027-2822-03/CJD > > Bill, > > Received the letter from Condo Electric regarding bid protest to the > > Commission. It arrived in a timely manner and therefore is eligible for > > Commission discussion on Juty 15th. Please work with Legal for the > proper > > format for the agenda cover sheet and staff response to the bid protest. > > The vendor needs to be notified by you as to the date and time for the > > Commission Discussion. > > I need direction from Legal as to placement on the agenda. Please note > > the agenda deadline is Tuesday, 5 PM this week. > > Kurt > > PS: This should be handled the same way as the Uniform bid. Since both > > vendors properly filed their objections, they deserve a place on the > > agenda, near the beginning of the meeting. One option would be to place > > them under pre~erltat~ at the beginning of the meeting or as a consent > > agenda to be i~ell~~ ~'' The City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida $3425-0310 Telephone: (561) 742-6320 FAX: (561) 742-6306 July 1, 2003 Ellis K. Phelps & Company 2152 Sprint Blvd. Apopka, Fl 32703 Atto: Richard W. Cole Dear Mr. Cole: On April 15, 2003, our City Commission awarded the "Purchase of Two (2) New and Unused 110HP Submersible Wastewater Pumps", Bidg027-2822-03/CJD to your company. Subsequent to this Commission action another respondent vendor to the bid solicitation filed a bid protest. The bid protest provided detail narrative on the thirteen (13) items that did not meet specifications during the technical review of the bid proposals by Utilities staff, and the consulting firm of CH2M Hill. Upon further technical review of the comments provided in the protest letter it was the City's decision to deny the protest. On June 26, 2003, the protesting vendor requested an appeal to our City Commission. Since the request met our procurement policies, it has been scheduled for review at our July 15, 2003 Commission meeting. Therefore, this letter is to reform you of this appeal. Your attendance at this meeting is optional. The issuance of any purchase order has been withheld until such time a final decision is made on the pending bid protest. Sincerely, Bill M. Atkins - Deputy Director of Financial Services/Purchasing Agent cc: Dale Sugerman - Assistant City Manager Michael Pawelczyk - Assistant City Attorney Mark Law - Deputy Utilities Director File , The Cit o Bo nton Beach P. O. $OX 3l d June 30, 2003 v~ F~CSIMn.v. & U.S. M~ (305) Jose G. Espinola ~d~t Condo EI~c ~du~al Supply, ~c. 3615 ~t 10~ Co~ Hi~ Eofida 33013 Re: Ci~ of Boston Beach ("Ci~")~id ~ 027-2822-03/C~ ~h~e of Subm~ble W~t~at~ ~s ~ ~. ~mol~ ~s is m ~me to yo~ le~ to ~e Ciw Mmag~ dat~ J~e'~6, 2~3, ~ ~ you ~d~t~ ~at you mtmd to ~ ~e Ciw Mm~s d~i~on to d~y yo~ bid pwt~ ~ to ~e ~ve bid. Pleme be ad~s~ ~at I have b~ i~o~ ~t yo~ ~ ~B be ~d~ by ~e Ci~ Co~ssion at its mee~g of~u~ 15, 2~3. At ~s Ciw Cowmi~on m~g, you ~I1 ~ ~v~ ~e op~W to p~t yo~ ~ p~t to Po~cy No. 10.14.01 of~ Ci~ of Boron ~h A~ini~ve Po~cy M~uffi ~ co~on ~ bid ~t~. ~o~d you have my qu~om ~ wi~ to ~ ~s m~er ~g, pl~ ~ ~t h~e to con~t me. Yo~ v~ ~, ~~ ... ., ~,~ J Mic~l I. Pawel~ ~t Ci~ ARom~ M~ ~, D~ D~tor ' ~~* CONDO ELECTRIC & INDUSTI~I&L SUPPLy, '~^ ~ ~ INC.  3615 E. 10th Court/HialearL Flor ~a 33013 ~c. Tel (305) 691-5400 / Fax (305) 491-6564 lune 26, 2003 Karl Bresmer City Mamger , City of Boynton Beach 100 E. Boynton Beach Boulevard Bo.vnton Beach, Florida 33435 Re: Apl:~d of Protest Den/d for City of Boynton Beach Bid Numt er: 027-2822-03/CJD Purchase of Submers~le W~tewater Pumps Mr. Kurt Bressaer, We would like to fi. lc a formal appeal with the City Manager arid Co; ~.i~sioners s4g~inst the Bid Protest Denial of June 25, 2003 for the Award of Bid Numb, r ('27-2822-03/CJD. · ,~-~uoaa, z~garomg tm points mentioned in the, let~ial of our protest. We feel that our bid and protest were misinterpreted as not meeting ! .ac specifications and request the chance to claz~ this with the Commissioners and Enlline :ri;tg Firm. This being the basis of the denial, we fizel that once we have rrlade clear th s r..aisklte~talion the Commissioners wflJ grant us the opportaMty to provide the City ~ &h the specified equipment and at a very sulmantial savin~s to the City. T~ak you for your attention to this mattea-. .lose G. Espinola iPresident Condo Electric Industrial Supply, Inc. RECEIVED C,c: City Commission_ers, City of Boynton Beach. dUN 2' 2003 c,-,.~-.,.,. ,._,~...~ CITY MA.r,,!~£R'S OFFICE ,.'gALES & RE~AIR$ INDU~I'RIAL l MARINE MOTORS . GENERATORS · ELECTRICAL EQUIPMEN? ' MARINE ELECTRICIANS The Ci o Bo nton Beach OFFICE OF THE CIT]' A T~I'OR.VEI' 100 E. ~0 ]:¥TO.'V BEACH BOULEVARD P.O. BOX .3~0 BO ]~TO.¥ B~I CIt, FLORIDA 3~M5- 0310 ]CITY June 25, 2003 Mr. JOse G. Espinol~ President Condo Elecmc ~dustnal Supply, ~c. 3615 E~t l0th Co~ Hiale~, Florida 33013 Re: City of Boynton Beach ('City')/Bid # 027-2822-03/CYD Purchase of Two (2) Submersible Wastewater Pumps VIA FACSIMILE & U.S. MAIL Fax (305) 691-6564 Dear Mr. Espinola: The City Manager has requested, pursuant to Policy No. 10.14.01 of the City of Boynton Beach Administrative Policy Manual, that this office respond to your bid protest received on April 24, 2003. For the reasons that follow, your bid protest has been denied. Once all proposals were received for the above bid, the proposals were reviewed by City staffand the City's engineering consultant, CH2M Hill. It was determined that the Flygt pumps proposed by Ellis K. Phelps and Company were the only pumps meeting the specifications of the bid. See attached Utilities Memorandum #03-037, dated March 14, 2003. The City Commission, at its meeting of April 15, 2003, accepted the City staff's recommendation and awarded the bid to Ellis IC Phelps and Company. Shortly thereafter, the City received your bid protest letter, which consisted of thirteen points claiming that the Homa pumps you proposed met the specifications of the City's bid. City staffand CH2M Hill have analyzed the specific points set forth your letter of Condo Electric and have determined that the Homa pumps proposed do not meet the specifications set forth in Bid # 027- 2822-03. Each of the points has been responded to in the reviews by City staffand CH2M Hill. See attached CH2M Hill letter dated May 15, 2003, Utilities Memorandum #03-080 dated May 19, 2003, and the technical review_of the specifications dated May 19, 2003. We have also attached copies of Utilities Memorandum ~03-37, CH2M Hill's letter dated March 13, 2003, Procurement Services Division Memorandum dated May 21, 2003, and the City's Policy No. 10.14.01. Furthermore, our review of this matter has revealed no bad faith, fraudulent, or unlawful actions by the City, which would negate the bid award. .4.~IIERICA 'S GA TEIVA l- TO THE GULFSTREA~,I Espmola, Condo Electric June 25, 2003 Page 2 - Accordingly, in light of the above and the legislative determination made bythe City Commission, your bid protest has been denied by the City Manager. Pursuant to Policy No. 10.14.01, within three (3) business days of/he City Manager's decision, you may appeal the City Manager's decision to the City Commission. The City Commission must then consider the protest within thirty (30) days of/he City Manager's response. We encourage your participation in future bids solicited by/he City of Boynton Beach. Yours very · hael J. Paiv~lczyk Assistant City Attorney Cc: Kurt Bresmer, City Manager (wto attachn~ts) Dale Sugerman, Assistant City Manager (w/o auaehments) Mark Law, Deputy Director, Wastewater (w/o amelanents) Bill Atkins, Deputy Director of Financial Services/Purchasing Agent (w/o attachn~nts) Carol Doppler, Senior Buyer (w/o attaclnm, nts) Rose Marie Lamanna, Paralegal (w/o anaclanents) S:h:aLmjp\letlers~2003~:spinola (Bid Prolest).doc CITY OF BOYNTON BEACH, FLORIDA -. ADMINISTRATIVE POLICY MANUAL CHAPTER: 10 Purchasing Policy No. 10.14.01 SECTION: 14 Appeals and Remedies Page: 1 of 3 SUBJECT: 01 Bid Protests PURPOSE: To establish a procedure for a prospective bidder to protest a bid against the City. POLICY: Bid Protest any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with solicitation or award of contract may protest in writing to the Purchasing Agent. Protesters shall file their written protests with the Purchasing Agent during normal business hours. Protests shall specifically describe the subject matter and facts giving rise to the protest. Protests shall be deemed effective on the date they are received by the Purchasing Agent. The Purchasing Agent shall immediately deliver the bid protest to the City Attorney with a memorandum setting forth the facts and circumstances surrounding the protest. The deadlines for filing bid protests are as follows: 1. If the protest relates to an invitation for bid or request for proposal, the protest shall be received prior to the bid submittal deadline date. 2. If the protest relates to any other matter relating to the bid, including, but not limited to, contract award, the protest must be received no later than seven (7) regular business days after the date of notification of bid award by the Purchasing Agent. Decision: If the protest is not resolved by mutual agreement, the City Attorney, upon consultation with the Purchasing Agent, shall make a recommendation to the City Manager who shall issue a decision in writing, or direct the City Attorney to render a decision in writing to the protesting bidder, offeror, or contractor. The City Manager shall have the authority to settle and resolve a protest of an aggrieved bidder, offeror or contractor, actual or prospective, concerning the solicitation or award of a contract. The decision shall: 1. State the reasons for the action taken; and 2. Inform the protestor of its right to appeal as provided in this part. Policy No. 10.14~01 - Appeals and Remedies Page: 2 of 3 Notice of Decision: A copy of the decision under this section shall be mailed or othenNise furnished to the protestor and any other party intervening. Finality of Decision: A decision of the City Manager under this section shall be final and conclusive unless the protestor files a written appeal with the City Commission within three business days of the City Manager's decision. The City Commission within thirty (30) days of the City Manager's response shall consider the protest. Failure to Follow Procedure: A protestor's failure to follow the protest procedure set forth herein shall render void any protest or claim brought by an aggrieved bidder, offeror, or contractor. Remedies for Solicitations or Awards in Violation of Law: Prior to bid opening or closing date of recei~3t of I~roDosals: If prior to the bid opening or the closing date for receipt of proposals, the Purchasing Agent, after consultation with the City Attorney, determines that a solicitation is in violation of federal, state, or municipal law or ordinance, then the solicitation shall be canceled or revised to comply with applicable law. Prior to Award: If after bid opening or the closing date for receipt of proposals, but prior to the award of contract, the Purchasing Agent, after consultation with the City Attorney, determines that a solicitation or a proposed award of a contract is in violation of federal, state, or municipal law, or ordinance, then the solicitation or proposal award shall be canceled. After Award: If, after an award, the Purchasing Division, after consultation with the City Attorney. determines that a solicitation or award of a contract was in violation of applicable law or ordinance, then: 1. If the person awarded the contract has not acted fraudulently or in bad faith: a. The contract may be ratified and affirmed, provided it is determined that doing so is in the best interest of the City; or Policy No. 10.14~01 -Appeals and Remedies Page: 3 of 3 b. The 'contract may be terminated and the person awarded the contract shall be compensated for the actual costs reasonably incurred under the contract, plus a reasonable profit, but excluding attorney's fees, prior to the termination; or 2. If the person awarded the contract has acted fraudulently or in bad faith the contract may be declared null and void, if such action is in the best interests of the City. DEVELOPED BY: Purchasing Division EFFECTIVE DATE: February 1, 1998 Kerry Willis City Manager " CITY OF BOYNTON BEACH FINANCIAL SERVICES PROCUREMENT SERVICES DMSION May 21,2003 MEMORANDUM TO: Mike Pawelczyk Assistant City Attorney FROM: Bill M. Atkind,~, t)/?puty Director Department of Financial Services SUBJECT: Bid Protest- Condo Electdc Industrial Supply, Inc. On February 4, 2003, Procurement Services opened six (6) proposals for the "Purchase of Two (2) New and Unused 110 HP Submersible Wastewater Pumps", Bid#~)27-2822- 03/CJD. The unit pdces for the submersible pumps ranged from. $!4,745.00 tc $42,752.00. The Utilities Department engaged the services of CH2M Hill, who is the design engineer for the proposed pumps, to assist in the evaluation of the bid proposals. Based on the bid specifications provided by Utilities Department for the submersible pumps, CH2M Hill recommended the bid be awarded to Ellis K. Phelps for the Flygt pumps as the only pump that was responsive to the bid. The unit pdce for the Fiygt pumps is $42,752.00 each. CH2M Hill provided a detail evaluation letter with comments on the exceptions to the specifications for each bid proposal. The recommendation letter of award provided by Dale Sugerman dated March 14, 2003 supported the award to Ellis t~. Phelps. Based on the recommended award letter, and the supporting evaluation letter from CH2M Hill, Procurement Services prepared the Commission Agenda Item for the April 15, 2003 meeting. At the Commission meeting, the award was made to Ellis K. Phelps in the total amount-of $85,504.00 (2 pumps @ $42,752). On Apdl 16, 2003, Procurement Services mailed out the award letters. Subsequently, on April 24, 2003, Condo Electdc & Industrial Supply, Inc. faxed a bid protest providing written narrative to each exception stated by CH2M Hill. This same date the original bid protest letter was hand delivered to Procurement Services. Due to the bid protest the purchase order to Ellis K. Phelps has not been issued until such time the bid protest has been resolved. , James Cherof May 21,2003 Page 2 A copy of the bid protest letter was provided to Mark Law as being the City's contact person for this Utility Department bid, and it was requested to provide written response to Procurement Services to the exceptions taken in the Condo Electric Industrial Supply, Inc. bid protest letter. Mark e-mailed me stating that he would forward a copy of the protest letter to CH2M Hill for review and written reply. It was estimated that the review by CH2M Hill and Utilities Department would take approximately two (2) weeks to complete. Based on this time frame for response, Procurement Services provided Condo Electdc Industrial Supply, Inc. a wdtten letter dated May 5, 2003, acknowledging receipt of the protest letter, with a statement that the protest letter was forwarded to our Utilities Department for technical review and a response would be forthcoming upon completion of the review. On May 21, 2003, Procurement Services received from Utilities Department the wdtten response to the technical review of the protest letter that supports the original recommendation to Ellis K. Phelps for the Fiygt pumps. This is supported by CH2M Hill based upon their review and evaluation of all the concerns expressed in the protest letter. Enclosed with this memorandum is a copy of all related documents necessary to review the bid protest. If there is need for any additional information, please contact me. Enclosures (no enclosures with cc's) cc: Dale Sugerman Mark Law Diane Reese Barb Conboy Carol Doppler MEMORANDUM Utilities #03°080 TO: Bill Atkins, Procurement Services Deputy Utilities Director DATE: May 19, 2003 SUBJECT: Bid Protest from Condo Electric Bid #027-2822-03/CJD Purchase Two (2) 110 HP Pumps Master Lift Station 356 is located at the east end of Boynton Beach Boulevard near the proposed Marina project. This master pump station manages the wastewater flows from 1-95 to the Atlantic Ocean, and from the south City limits to the Boynton C-16 Canal. The specifications as bid were developed by CH2M Hill and Utilities staff to allow for maximum life expectancy and reliability. Attached are our internal findings in this matter and the recommendation from CH2H Hill on this subject. The internal recommendation is from Tony Lombardi, Supervisor of the Wastewater Pumping Division. The Utilities Department identified several significant issues that relate to this bid specification. Those issues relate to the potential life expectancy and operational cost of the proposed pumps. Considering the pumps are to be installed in the highest volume lift station in our system, it is very important that we install the best equipment for the pumping requirements. The recommendation from CH2H Hill who is the design engineer for the proposed pumps described in Bid #027-2822-03/CJD. We have reviewed the attached letter from CH2M Hill and offer that recommendation for your consideration.' Mr. David Schuman, P.E., has done considerable research into this matter including operational history of Homa Pumps at other cities in this area. Our engineers clearly stand by their original design recommendation and concur with the Utilities Department findings that Homa Pumps do not meet the bid specifications. We believe that ~ Utilities Department's recommendation should stand and that the bid be awarded to Ellig K. Phelps of West Palm Beach. Please advise if additional information is required. Attachments Xc: Dale Sugerman Barb Conboy Dave Shuman Tony Lombardi File -- MEMORANDUM TO: Mark G. Law, Deputy Utilities Director FROM: Tony Lombardi, Supervisor /~~ Utilities Wastewater/Pumping Statio DATE: May 19, 2003 SUBJECT: Pureh~e Two (2) 110 BP Pumps Bid #027-2822-03/CJD Condo Electric Bid Award Protest Attached is the technical information you requested to support the specifications for the above referenced pumps. The specifications from Condo Electric did not meet or exceed our standards. If additional information is needed, please contact me. Subject: -- Purchase two (2:) 110HP Pumps Bid #027-2822-03/C3D Condo Electric & ]:ndustrial Supply, ]:nc. - Bid Award Protest In Reference to the protest letter you received from Condo Electric & Industrial Supply, Inc., we are providing you the technical information to support the specifications for the 110HP Pumps. Specifications were not met nor did the specifications exceed our standards. Below are specification comparisons lisUng our bid specification requirements vs. what was actually submitted by Condo Electric. An outline of key specification requirements for maximum pump performance are listed below, there are as follows: Major castings · ASTIr1 A-48 class 35B cast iron as standard for all major castings in their pumps. Class 35B was chosen due to its' increased strength, hardness, and wear resistance over class 30 cast iron while still providing a margin of forgiveness if hard solid objects are thrown against the volute by the impeller. Please note that class 40 cast iron was not specified by The City of Boynton Beach due to its relaUve brittleness, tendency to readily transmit vibraUons, and inferior castabllity. · Homa uses class 40 cast iron for major castings which is brittle and less forgiving to impacts. Seal Oesign / Materials · Corrosion-resistant tungsten carbide against corrosion-resistant tungsten carbide are spedfied for both upper and lower seal assemblies. Tungsten carbide is the best seal material available for use in municipal wastewater applicaUons. With regards to a comparison between corrosion-resistant tungsten carbide and silicon carb~e seals which was indicated as the seal material to-be used in the Homa pumps, please note the following: a) Tungsten carbide has higher mechanical and tensile strengths than silicon carbide. b) Tungsten carbide has a higher resistance to thermal shock than silicon carbide. c) Tungsten carbide has a lower dry running friction than silicon carbide. d) Silicon-carbide is more bdt'de than tungsten carbide, making it more susceptible to damage dudng handling and installation. e) Tungsten carbide is a solid sintered piece of material. Most silicon carbide is just a hard surface coating that is bonded to a substrate. · Homa literature indicates this model use a silicon carbide/silicon carbide lower seal assembly. The standard upper seal assembly, however, varies from model to model. Some models use a seal made from silicon carbide, others--use a seal made from carbon, and others use a basic rubber lip seal. All of these materials are inferior to the tungsten carbide. 3. Motor Design · Specifications require the motor is housed in an air-filled, watertight chamber. The stator is heat-shrink fitted into the motor housing, ensuring efficient heat transfer away from the stator. Specifications require the motor be rated for up to :~5 starts per hour. · Homa also uses an air-filled design but their literature does not indicate how the stator is fitted into the motor housing. Many manufacturers' will use locking pins or screws which have several disadvantages including less efficient heat transfer between the stator and the motor housing, causing the motor to run hotter, (2) this is a likely spot for water to enter the stator housing. Also Homa literature indicates ].0 motor starts per hour. 4. Hotor Znsulation · Spedfications require the motors are all insulated by the trickle impregnation method using Class H polyester resin, resulting in a winding fill factor of at least 95%. As a comparison, the triple dip and bake insulation process results in a 75% to 80% fill rate. Greater fill rates result in lower stator operating temperatures and longer motor life. Class H insulation is rated for :~80°C (356°F). A larger difference between the motor operating temperature and the motor insulation rating will result in longer motor life. · Homa literature indicates the type of insulation method used is triple dip and bake with a rating of Class F insulation at :~55°C (3:L:~°F). :insulation materials and methods of application that is inferior to our specification requirements result in shorter motor life and are not acceptable. 5. Bearings · Specifications require the upper beadng is a single roller bearing while the lower bearing is a roller beadng and ball bearing.to compensate for axial thrust and radial forces. This design is intended to have a lO0,O00-hour beadng life at any point on the pump performance curve. · Homa literature indicates a single ball bearing for the upper beadng and two-ball I:~eadngs for the lower bearing. This does not meet our specifications. 6. quality Assurance · The pump, mechanical seals and motor units provided under this specification shall be from the same manufacturer in order to achieve standardization of operation, maintenance, spare parts, manufacturer's service and warranty. · Homa Literature indicates multiple manu~ctures of pump components, such as seals manufactured by Burghmann. Again, as indicated above, Condo Elecl~ does not meet Bid Specifications nor do they exceed them. Condo Electric's Bid submittal offered no letter of exceptions to be considered an equal. Their bid submittal was the check-off tab sheet where they daimed to have matched our bid specification requirements. The Utility Department's recommendation stands on awarding this bid to Ellis K. Phelps of West Palm Beach Rorida. Ellis K. Phelps, who represent the Flygt pump line are the most responsive bid based on our bid specifications and requirements. Also attached is letter from CH2M Hill, confirming bid specification requirements, pump specification comparisons and a recommendation. CH2M HILL Hillsboro Executive Center North 800 Fairway Dnve -- Suite 350 Deedielcl Beach. FL 33441-1831 CH2MHILL ~ Fax 954.698.6010 May 15, 2003 Mr. Mark Law City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Subject: Review of Condo Electric Bid Protest Letter for Lift Station 356 Dear Mr. Law: We have received a copy of the Protest Letter from Condo Electric Industrial Supply, Inc. regarding the Bid for, "Purchase of Two (2) News and Unused 110 HP Submersible Wastewater Pumps, Bid #027-2822-03/CID". This letter is being written in response to your request for a review of the protest letter. We have previously forwarded a letter reviewing all of the bids to the City on March 11, 2003. Condo Electric's letter lists 13 points of dispute as to why the HOMA pump meets or exceeds the bid specifications. In our letter of March 11th we listed 4 areas that the HOMA pumps did not meet the bid specifications including pump curve, horsepower, and the material from which the seal is constructed. Our review here is just a basic comparison and not a complete evaluation of all the differences between Flygt Pumps, which the specifications were written around, and HOMA primps. HOMA is not distributed through a sole vendor relationship. In fact, two vendors submitted bids proposing HOMA pumps for this procurement. Additionally, Condo Electric was not even the lower of the two venders representing HOMA. Maintenance becomes an issue when a significant piece of equipment is not distributed through a sole vendor arrangement. We contacted the City of Boca Raton regarding their experience with HOMA pumps. Boca Raton has used HOMA pumps at a number of lift stations and they are currently phasing them out due to performance issues and poor maintenance and parts availability from the factory. The City of Ft. Lauderdale has also elected to not allow HOMA to bid on their larger lift stations. The 13 points r-ai~ed by Condo Electric includes several items not addressed in our previous review letter, inclfiding Class 40B versus Class 35B construction, stainless steel versus carbon steel construction, cooling system, and bearing types. We did not recommend selecting HOMA based on 4 items, unacceptable curve, Class F insulation, silicon seals and horsepower, although horsepower was a minor issue. The specifications call for a 110 HP pump, the proposed HOMA pump is 120 HP. The higher pttmp horsepower will result in higher electrical costs however these costs are not Mr. Mark Law. Page 2 May 15, 2003 significant. The existing system can accommodate either horsepower. The Flygt pump has an overall efficiency of over 80% while the HOMA pump efficiency is u_~der 65%. The HOMA pump is only warranted for 10 starts per hour. The bid specification requires a minimum of fifteen starts per hour. This is a very important requirement in that the existing lift station provides for very poor storage volume and pump starts and stops will be higher than typical. Flygt is warranted for 15 starts per hour. In their letter, Condo Electric states that there are a number of items that can be provided with the HOMA pump but was not included in their original bid, such as Class H insula- tion, angular ball bearings, and tungsten-carbide seals. The bid was evaluated on the basis of what was submitted during the original bid process. These options were not included with Condo Electric's bid. This also brings up the fact that other than Class 40 and stainless steel construction Condo Electric did not state in their bid that they had any deviations from the Bid Specification, m fact they checked off every box indicating that they met all of the specific base bid requirements. After going th.rough their bid, it was evident that the HOMA pump deviated from the specifications on a number of points. The pump curve provided by Condo Electric does not meet specifications. In their letter Condo Electric states that a different impeller can be provided to better meet the specifi- cations. This alternate impeller was not provided at bid time. Condo Electric did not include the Net Positive Suction Head (N'PSH) in.formation for the HOMA pump. This is standard irfformation that is provided with every pump submittal. This lift station has very poor suction head available. The Flygt pump proposed is a 1150 rpm pump while the HOMA pump is a 1750 rpm pump. The higher rpm pump generally will require greater suction head. In addition, the HOMA pump suction elbow is undersized at 10-inches. The undersized suction elbow will also increase the amount of NPSH required. As we stated in our previous letter, tlxis lift station is the City's largest and most important lift station, tt is also expected to bear the loads from the downtown redevelopment. This is a dry-pit submersible lift station, which is not a typical installation. The City is currently bidding out this work because the existing pr~rnps have not performed satisfactorily and are being replaced prematurely. This station has been upsized twice and suction head and the storage volume ayaLlable are both less than ideal. This station requires a particularly rugged and reliable pu~ from a vendor who is well experienced in the issues related to dry-pit submersible installIation. Based on poor local recommendations, their 10 starts per hour limit, their class F insulation, their inability to meet the specified duty points and shutoff head, and their silicon-carbide seals, we still do not believe that HOMA pump meets the bid specifications. We would still not recommend HOMA pump if they were to modify their bid to meet the specifications, assuming it was legal to do so. Mr. Mark Law. Page 3 May 15, 2003 If you have any further questions or comments please contact me at 954-426-4008. Sincerely, CH2M HILL David Sc. human, P.E. Project Engineer DFB31003696892. doc / 031330030 c: Richard Olson, P.E./CH2M HILL The City-of Boynton Beach Procurement Services 1 O0 £. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: ($61) 742-6320 FAX: (561) 742-6306 May 5, 2003 Mr. Jose G. Espinola, President Condo Electric Industrial Supply, Inc. 3615 E. 10m Court Hialeah, Florida 33013 Re: "Purchase of Two (2) New and Unused 110 HP Submersible Wastewater Pumps" Bid #027-2822-03/CJD Dear Mr. Espinola: This is to acknowledge receipt of your protest letter received via fax on April 24, 2003 with hardcopy delivered to Procurement Services the same date. In order to fully evaluate your comments the protest letter has been provided to our Utilities Department for technical review to bid specifications. Upon full review the City of Boynton Beach will respond to your protest letter. Sincerely, Bill M. Atkins Deputy Director of Financial Services/Purchasing Agent cc: Mike Pawelczyk - Assistant City Attorney Mark Law - Deputy Director of Utilities Carol Doppler - Senior Buyer CONDO ] LI CTRIC 8s INDUSTRIAl, SUPPLY, INC. 3615 E. loth Gourt / HialesI1, Florida 85015 Tel (305) 691-5400 / Fax (305) 691-6564 C~y of Boynlon Beach Pro~u'~n~n~ Servicc~ 100 E. ~n B~h ~v~ Boston ~ck FIo~ 33435 Rc: Bid N~: 027-2822~3/C~ W~ would like to Nm~r 027-2S22-0]/~. m~ com~t~ 2) A ~ s~ k su~ s~o~ · prop c~bl~ o~d~v~ 2,~ GPM at 120 ~. TDH. 3~ ~ ~d~o~l ~NI on ~ ~ c'~ s~ ~ 3,6~ GPM at 80 Ft TDH. Thc d~ pohnt ~ no~ ~ ~ Ho~~. 4) A ~n cl~ (12") ~th ci~ om s~ ~ provi~ A 10 X 12 ~nc~c R~ucet Thc 12" suction cl~w is c~k~d on ~g~ 5 ofpmpoml. SALES & REPAIRS INDUSTRIAL & MARINE MOTORS ° GENERATORS ' ELECTRICAL EQUIPMENT ' MARINE ELECTRICIANS 5') Major purr~ oompon~-nts sh~ b~ of gray c-~l ~on~ C~ 3~, ~ffi smooth s~ d~'oid ofb~w~ or o~ Major ~ ~~ ~ ~ AS~ A ~, C~ 40B ~ch ~ ~~ ~ ~ ~ ~. P~e 5 ofpm~ 6) ~o ~o~ aq~d su~ly ~ om ~ng Iow, one ~~ ~gh ~ ~ ~k~, ~ ~ ~ ~ ~u~ to t~ ~ct. Two ~o~ ~ su~ p~ ~ ~ ~ ~ ch~k~ on B~ ~ ~ ~ j~ka ~ w~ ~ ~ u~ to c~ ~ or ~t~ Stol on ~e 6 of~ ~ ~on ~ ~r ~80'C(~56'D. ~e Ho~ ~ ~ o~ C~ H ~tion ~ ~k~ on ~e 7 t~ B~ ~. 8) ~ u~ ~ ~d~ for ~ ~m~ ~ ~ ~ ~ ro~ Ho~ ~ ~ a s~ ro~ ~ ~ ~~ ~ ~ ~s~ offg~ ~s a ~ ~ ~ ~ ~ ~ ~ L10 Be~ L~ ofl~ Ho~at ~~ on~ ~ c~ ~o~ c~ge. 9) ~e 1o~ ~s ~ ~ of~ ~ om ro~ ~ ~r ~ ~s ~ om or two ~ co~ ~ ~s ~r ~ ~. ~ d~ pro~d u~ ~uble ~ ~s ~ ~ t~ ~~ 1.10 B~ L~e of I 0~ Ho~ ~ ~ ~ on ~ ~ ~e ~t one co~ ~ ~8 c~ ~ uO~i~ ~~ ~ the ~ co~. 10) ~e b~r p~ ~ ~ b~ ~ ~ ~ ~ the co~on ~ t~~e ~ ~. ~e io~ p~ ~ ~o~ ~ of ~t~~e ~ c~k~ on - 10 of~ ~ B~. ~ up~ ~ ~~e a a~i~ ~ no co~. The upper secondary seal unit, located between the lubricant chamber and the motor housing, shall contain one stationary and one positively driven rolating corrosion resistan~ tungsum-carbide seal ring. The upper secondary .,ar, ti proposed was oftungst~-carbid~ as ch¢ck~xl on pagc 10 of thc base Bid. An upgrade to silicon-carbide is available at no additional cost. 12)'l_'he pump shai~ sb~ll be of carbon steel ASTM A 572 F Crrade 50 ~nd shall be eomp~ely iso~ fixnn the pumped liquid The Homa purr~ shal~ proposed is an upgrad~ AISI 430 F St~.les~ Stol non- sleeved shaft at no acldkional chargc as stated on page ] 1 of the base hid. 3)The impeller shall b~ of gray ca,si iron, Class 35B, dynamica!~, balanced, multiple vaned, double slxroud~ non-clogging design having long throughle~s without acute tums, Th~ impel~r offered in tl~ ~ Bid is an upgrade to Class 40B at no additional charg~ as statexl on page 11 of th~ ba~e i,icl. We feel that these 13 points stated as cause for our ~ejection are errontmus due to the fact that we have met or exceeded each and every point. Th~ pump offered meets all the requiremeu~ and provides the City of Boymon Beach a consick-rable cost advantage. Wc would ti~ the Oplmrttmi~y to discuss our proposal with CI-I2MtHLL engineers and answer the eonccras staied. W~ ar: confiderd tha~ we can supply th~ City of Bo)aragon Beach a quality piece of ¢onslruction that m~s the needs of the demanding service aud maimains a coasiderabi~ eos~ advantage. Thank you ~r yott~aUen'tiqpr to this maimer. Presidcra Condo Electric lndusuial Supply, Inc. - CITY OF BOY'NTON BEACH -- AGENDA ITEM REQUEST FORM Requested City Commissmn Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetm~ Dates m to City Clerk's OffiCe Meetine Dates ~n to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30. 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfimshed Business RECOMMENDATION: A motion to award the bid for: "PURCHASE OF TWO (2) NEW AND UNUSED 110 HI' SUBMERSIBLE WASTEWATER PUMPS" Bid#027-2822-()3/CJD, to Ellis K. Phelps and Company, of Apopka, Florida, in the amount of: $85,504.00. (Each 110 HI) Submersible Wastewater pump was quoted at: $42,752.00). EXPLANATION: On February 4, 2003, Procurement Services opened six (6) proposals for the above referenced bid. After review and evaluation, it has been determined to award this bid to Ellis K. Phelps and Company, the highest, yet, the most responsive, responsible bidder who met ail specifications. The lowest bid submitted by Power and Pumps, Inc. was not responsive and it was incomplete. The remaining four proposals could not meet specifications in many different categories and failed to meet the required design specification as developed by our design engineers; CH2M Hill. The City has asked CH2M l:Iill to recommend new pumps and a pumping configuration for Master Lift Station #356. Attached is the letter from CH2M Hill identifying where the various vendors failed to meet the required design specification. Dale Sugerman, Assistant City Manager concurs with this recommendation per attached memo #03-037. ' PROGRAM IMPACT: The purpose of these pumps is to be used for Master Lift Station #356 located at the end of Boynton Beach Blvd. and U.S. #1, adjacent to the downtown storm water pond. Master Lift Station #356 is the City's largest lift station that services the entire downtown area. FISCAL IMPACT: ACCOUNT#: EXPENDITURE: 401-5000-590-96.04 SWR091 $8S,504.00 Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~ULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC C: Dale Sugerman - Assistant City Manager Mark Law - Deputy Director of Utilities File RECEIVED MEMORANDUM -- Utilities #03-037 ~ ~ ? ~[1~ pROCUR~ii~=~iT SERYtCE$ TO: Bill Atlcins, Procurement Services · FROM: Dale Sugerman, Assistant City Manager--~ DATE: March 14, 2003 SUBJECT: Bid #027-2822-03/CJD Two (2) - 110 I-IP Submersible Wastew~ter Pumps The Utilities Depaxhijent is requesting the purchase of two (2) 110 hp pumps for Master Lift Station 356. Master Lift Station 356 is located at the end of Boynton Beach Boulevard and U.S. 1, next to the new downtown stormwater pond. Master Lift Station 356 is the City's largest lift station that services the entire downtown area. In June 2001, CH2M Hill prepared a technical memorandum with the results of a hydraulic study for Master Lift Station 356. The City has asked CH2M Hill to recommend new pumps and a pumping configuration for this station. The memorandum summarized an evaluation of the data collected and includes possible recommended options the City may utilize. The City also approved Task Order #13 to CH2M Hill for Master Lift Station 356 service area conveyance capacity analysis. This project is currently ongoing, and part of this task will be recommendations for improvements, upgrades to existing facilities, as well as new facilities. On February 4, 2003, the Procurement Depa~huent received six (6) bids for two (2) new 110 hp pumps. The six (6) companies that submitted these bids were: 1. ABS Pumps, Inc. of Sanford, FL - ABS Pumps 2. Condo Electric Industrial Supply Inc, - Homa Pumps 3. Custom Pump & Controls, Inc., - KSB Pumps 4. F.J. Nugent & Associates - Ebara Pumps 5. Power &t Pump, Inc. - Homa Pumps 6. Ellis K. Phelps, Inc. - Flygt Pumps Bill Atkins March 14, 2063 Page 2 Af~ review of the bid specification, the Utilities D~pm~ent is recommending bid award to Ellis K. Phelps, Inc. from Apopka, FL. The bid submitted by ?ow~ & ?umps, Inc. was not responsive and incomplete. The remaining four other vendors could not meet specifications in many different categories. Attached is a chart outlining the areas showing the vendors that did not meet specifications. Also attached is a letter from CH2M Hill indicating their concurrence with our recommendation for Ellis K. Phelps, Inc. In this letter they have identified where the various vendors failed to meet the required design specification as developed by them. Please proceed with the bid award to Ellis K. Phelps of Apopka, FL. as recommended by the Utilities Depastsaent and our design engineer. The cost for each pump is $42,752.00 for a total of $85,504.00. Funds are available in account tt401-5006-590-96.04, SWR091. If additional information is needed, please contact Mark Law at ext. 64032 or Tony Lombardi at ext.6421. xc: Tony Lombardi Jim Hart Barb Conboy CH2M HIII HilIslx3ro ~xecutwe Center Nort~ ~X) Fairway Sure ~ ~ ~acfl, FL 3~1-~831 CH2MHILL ~ Fax 9~.6~.~10 March 13, 2003 162966.GE.01 Mr. Mark Law City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Subject: Review of Pump Bids for Lift Station 356 Dear Mr. Law: Pursuant to your request, CH2M HILL has reviewed the bids for the replacement pumps at Lift Station 356. We have not performed a complete evaluation of all of the pumps offered, such as reference checks, quality reviews, NPSH requirements, confirmation of similar installations, support configuration, maintenance capabilities, etc. Our task here is to review the bids to determine whether they are in conformance with the bid specifications, and if they are not, are the deviations important enough to disallow the bid. The City has already compiled a list-of bid deviations from which we will review. Lift Station 356 is the City's largest and most important lift station. It is expected to bear the brunt of redevelopment in the City's downtown area. It is imperative that the pumps in Lift Station 356 meet the stringent conditions laid out in the Bid Documents. In addition, the City is purchasing the new pumps to pro-actively replace existing pumps that have not per- formed satisfactorily. Therefore, it is particularly important that the City have confidence that the pumps will last a long time. Lift Station 356 is a dry-pit style facility which is a non-typical style of installation. There are not many large dry-pit installations locally. It is important that the City is comfortable that the pump vendor has constructed this type of installation and that they are aware of the potential problems that may arise. The Lift Station also has a very small wet well with poor suction head conditions, so pump starts are important. The pump mechanical room is also very small and heat build-up makes the room difficult to work in and may aggravate pump problems. Some of the service calls for the existing pumps were related to issues with heat. At other City Ifil-stations, existing pumps have been replaced with water-cooled pumps and the City has been-satisfied with their performance and heat clissipation characteristics. The paragraphs below review the bid specification deviations and discuss their importance: · The most important pump specification item is the pump curve. The pump curve is specified so that the pump can meet the design flows at both peak and standard conditions. The shutoff point is also specified so that the steepness of the curve is set. This guarantees that the pump will continue to pump (although at a diminished rate) Mr. Mark La~' Page 2 -- March 13, 2003 162966.GE.01 even when high pressures are encountered. Several of the pumps submitted can not meet the duty points or the shutoff head (HOMA, KSB, EBARA). The new pumps were specified to be 110 HP. Some of the submitted pumps were greater than 110 H.P (ABS, HOMA). Higher horsepowers will result in higher power costs over the life of the pump, although the power cost increase may be outweighed by lower initial capital costs. Without a life cycle cost analysis, this item is not justification to eliminate a bid. The pumps were specified to have a service factor of 1.15. Th.is is an important safety factor that is included to protect the motor. Some of the pumps can not meet this service factor (EBARA). · The method of cooling is very important and the City has already experienced problems with cooling systems. Any cooling system other than a water-cooled jacket is unaccept- able. KSB does not provide a water-cooled jacket system. In addition, the water jacket was specified to be to constructed of cast iron ASTM A-48. Cast iron is a thick material that results in better heat transfer and a more durable pump. ABS can not provide a cast iron water jacket. · The seals are extremely important for protection of the pump from leakage of the pumped fluid. Tungsten-carbide was specified for the seal material. This is the best material for the seals and offers better heat resistance and durability. ABS, HOMA, KSB, and EBARA do not meet this specification. · Class H insulation is specified, which is a higher heat rating than standard. This results in longer winding life. Only Flygt meets this specification. Other than possibly the pump horsepower issue, all of these items are important material deviations from the Bid Specification. The only pump bid that meets the specifications is Flygt. If you have any further questions or comments please contact me at 954-426-4008. Sincerely, CH2M HILL Proiect Engineer DFB31003696659.doc/030720016 VZII.-PUBLZC HEARZNG O - CITY OF BOYNTON BEACH ITEM H. '"'AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Requested City Date Final Form Must be Meetin,q Dates Turned in to City Clerk's Office Commission Meetinq Dates Turned in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] Apdl 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 Apd114, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business ~ .. AGENDA ITEM [] City Manager's Report [] Presentation ,c=_ [] Consent Agenda [] Public Hearing Code Compliance/Legal [] Settlements [] Unfinished Business --., RECOMMENDATION: Staff recommends Commission approval of the final adoption of the City Beach's 2003-2004 Community Development Block Grant (CDBG) One-Year Consolidated Action PJan contracts (see Exhibit "B') to reflect the proposed expenditures as outlined in program impact. ., EXPLANATION: The City of Boynton Beach is in its seventh (7th) year of receiving Federal Grant Fun(:~. The Action Plan is being developed with activities listed that show how the use of these funds will address the needs of the Community. Proposals were received as a result of public advertisement, and were reviewed by a committee comprised citizens and City of Boynton Beach employees as explained in Exhibit "A". PROGRAM IMPACT: The Community Development Block Grant (CDBG) Program's purpose is to help the City of Boynton Beach meet the needs of its lower income residents by offering a wide range of Community Development Activities. These include, but are not limited to, infrastructure improvements, family development, public services, housing and recreational needs, as well as fund administration by the City. Due to the need to commit funding annually to repay the Section 108 loan in order to initiate the Heart of Boynton project, the funding recommendations for FY 2003/2004 are-as follows: Grant Amount $645,000 Recommendation Community Caring Center 20,000 Summer Camp Scholarships 15,000 Boynton Beach Faith Based CDC 60,000 R. M. Lee CDC 60,000 PBC Resource Center 30,000 Fair Housing Center (administrative) 10,000 TOTAL SUB-GRANTEES 195,000 FISCAL IMPACT: The City of Boynton Beach expects to receive $645,000 for this program to continue its Community Development efforts. Of this, approximately $227,000 will be committed annually to repay the Section 108 loan. ALTERNATIVES: .,T~9 City of Boynton Beach would have ~e~enue to continue its ~revitalization ~ Departr~ji~l~ Iq~eald's Sig~atur~r'- City Manager's Signature Department of Development Community Improvement Division _-~.~ ~~ Department Name City Attorney / Finance"/Hu'm-~'n Resources S:~BULLETIN~FORMSL4.GENDA ITEM REQUEST FORM. DOC EXHIBIT "A" MEMORANDUM To: Kurt Bressner, City Manager ~,1~ . From: Quintus Greene, Development Director Date: July 1, 2003 Re: CDBG Allocation for FY 2003/04 As you may be aware, the anticipated CDBG allocation for FY 2003/2004 is $645,000. The application process for non-profits requesting funding from the city's CDBG allocation has been completed with 12 applications reviewed. The committee reviewing these applications consisted of the following people: Ron Washam - Community Relations Board Beverly Agee - Education Advisory Board Myra Jones - Library Board Dan DeCarlo - Neighborhood Specialist Hannah Matras - Economic Research Planner Octavia Sherrod - Community Improvement Manager Based on the funding requests, the following is a list of the committee's funding recommendations for each of the 12 applications: Aid to Victims of Domestic Abuse .............................................. $5,000 Christian Movement for Freedom & Development ..................... 10,000 Community Caring Center ......................................................... 20,000 Ena's Needy Foundation ........................................................... 10,000 Juvenile Transition Center ........................................................... 7,500 Summer Camp Scholarships ..................................................... 15,000 Urban League .............................................................................. 5,000 Vetsville Cease Fire House ......................................................... 7,500 Fair Housing Center of the Palm Beaches ................................. 10,000 Boynton Beach Faith Based CDC .............................................. 60,000 R. M. Lee CDC .......................................................................... 60,000 PBC Resource Center ............................................................... 30,000 Administration .......................................................................... 129,000 TOTAL ......_ .......................................................................... $369,000 If all of these funding requests are granted, in addition to Housing Rehabilitation and Rehab Delivery at $150,000 and $90,000, respectively, the total CDBG commitment would be $614,000, leaving an available balance of approximately $31,000. CDBG Allocation - Page 2 However, In light of the anticipated need to commit a portion of the city's annual CDBG allocation as debt service for a Section 108 loan of about $2.5 million to initiate the first phase of the Heart of Boynton Redevelopment Project, staff is of the opinion that all requests cannot be honored. Based on the attached amortization table, assuming a 6.5% interest rate, staff anticipates an annual need for approximately $227,000 in available funding. Accordingly, for the 2003-2004 fiscal year staff recommends the priodtization these funding requests by dividing them into three groups as follows: Group 1 - Community Based Development Activities Boynton Beach Faith Based CDC $60,000 60,000 R. M. Lee CDC 30,000 Palm Beach County Resource Center (Economic Development) Fair Housing Center ( funded under Administration) 10,000. Total $160,000 Staff recommends full funding for these requests. The organizations represented by these funding requests are important contributors to both the present and future economic health of the community. Group 2 - Public Service Summer Camp Scholarship $15,000 (City of Boynton Beach Recreation) Community Caring Center 20,000 Total $25,000 Staff also recommends full funding for these requests. The organizations in this category provide services that play an important role in improving the quality of life in the community. Group 3 - Public Service Christian Movement for Freedom & Development 10,000 Ena's Needy Foundation 10,000 Vetsville Cease Fire House 7,500 Aid to Victims of Domestic Abuse 5,000 Healthy Mothers/Healthy Babies 5,000 Juvenile Tran§[tion Center 7,500 5,000 Urban League Total $50,000 Staff does not recommend funding for these requests. The requests in this category represent eith--er entirely new funding for organizations that have not previously been sub-recipients or a renewal of funding at a relatively Iow level for organizations that receive their major financial support from other sources. CDBG Allocation ~'Page 3 Moreover, it is anticipated that significant reductions in the amounts granted to Group 1 and Group 2 sub-recipients may be necessa~ in future years to insure that the housing rehabilitation programs remain intact and that adequate Section 108 debt service coverage is provided. EXHIBIT "B" ALL AGREEPlENTS ARE SUBSTANT]~ALLY THE SAHE AS THE ATTACHED SAHPLE AGREEMENT. THE ONLY CHANGE 1~S THE AGENCY AND THE AMOUNT OF THE GRANT. -,AGREEMENT BETWEEN THE CI'TY OF BOYNTON BEACH AND COMMUNITY CAR/NG CENTER OF BOYNTON BEACH, 1'NC. THIS AGREEMENT, entered into this day of ,2003, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and Community Caring Center of Boynton Beach, Inc., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal mailing address as 145 N.E. 4th Avenue, Boynton Beach, Florida, 33435, and its Federal Tax Identification Number as 65-0447796. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and Community Caring Center of Boynton Beach, Inc., desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage Community Caring Center of Boynton Beach, Inc., to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART !' DEFZNZ"I'ZON AND PURPOSE A. Definitions: 1) "City" n~ans City of Boynton 8each 2) "CDSG" means Community Development 8lock Grant Program of the City of 8oynton 8each 3) "CID" means Community Improvement Division 4) "The Agency" means Community Caring Center of Boynton 8each, Inc. Page i of 15 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of Iow- and moderate-income persons. PART !! SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART TZ! COMPENSATZON, TZME OF PERFORMANCE, METHOD AND CONDTr!ONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder e~eed the maximum and total authorized sum of $20,000.00 for the period of October I, 2003 through September 30, 2004. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to ten percent (10%) on a cumulative basis of the contract amount during the contract period. Page 2 of ~.5 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this ten percent (10%) must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-03- MC-12-0043. The effective date shall be October 1, 2003, or the date of release of funds by U.S. HUD, Whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. l~n any event, all services required hereunder shall be completed by the Agency by September 30, 2004. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines, l~n no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation, l~n the case of direct payments, original invoices mu~ be submitted to CTD. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents-cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 15 D. ConditiOns on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or servi~:~s covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 15 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the 'satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CZ'FY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to C1'D. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. 1;n addition to reporting said income, the Agency shall report to Page 5 of 15 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or 'cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART ZV GENERAL CONDZT'ZONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to:l~e performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 15 C. Project BenefiCiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be Iow- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of Iow-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspectfons At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of ~.5 to audit and examine-all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The City will require, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation bet~veen itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or ~applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. Page 8 of 15 At all times during tlae terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $].,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of l~nsurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-Ii0 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. .]. Citizen Participatioh Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. Page 9 of 15 K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity, l~n addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights ACt of 1964, Age Discrimination the Americans With Disabilities ACt of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon ACt of 1988 and Section 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and ]ob Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's_:Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Improvement. One (1) copy of the contract documents i through 8 will be furnished to the Agency by CID. ~[tems 9 through 14 above shall be transmitted to CID by the Agency. Page 10 of 15 H. Termination --- In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to r the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. l) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the ~,gency has (30) calendar days to remedy the failure or violation. ]:n the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Company for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under 'l~tle I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions ]:f any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. Page 11 of 15 O. Leveraginq --. The Agency agrees to seek additional supportive or replacement funding from at least t~vo (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. p. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F.S. 287.133(3)(a) requires this' notice. Page 12 of 15 T. Counterparts ~ This Agreement This Agreement, consisting of thirteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. W~-I'NESS our Hands and Seals on the day of ATTEST: JANET PRA~N~I'O, CMC CITY CLERK, C~I'Y OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: C~rl'y CLERK cTrY MANAGER APPROVED AS TO FORM: C]'I'Y ATTORNEY COMMUNI'TY CAR/NG CENTER OF BOYNTON BEACH, t'NC. By: Title: By: Title: (CORPORATE SEAL) Page 13 of 15 ._ RESOLUTIONR03- VIII.-PUBLIC HEARING - ITEM H. .. A RESOLUTION OF THE CITY OF BOYNT(. · - FLORIDA, APPROVING THE ADOPTION OF THE 2003-04 COMMUNITY DEVELOPMENT BLOCK GRANT ONE-YEAR CONSOLIDATED ACTION PLAN; AUTHORIZING EXECUTION OF CONTRACTS WITH GRANT RECIPIENTS AS OUTLINED IN THE ACTION PLAN; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is entering into its seventh year of receiving federal grant funds as an entitlement community; and WHEREAS, the Community Development Block Grant (CDBG) Program's purpose is to help the City of Boynton Beach meet the needs of its lower income residents by offering a wide range of community development activities; and WHEREAS, a one year consolidated plan has been developed, setting forth how the City intends to utilize the funds available to best address community needs, which plan is attached hereto as 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 hereby approves adoption of the City of Boynton Beach's One Year Consolidated Plan, which Plan is attached hereto and made a part hereof, and authorizes execution of contracts with grant recipients. Section 2. This Resolution shall become effective immediately upon passage. g:',,CALRESO\Grants\OneYear Consolidated Plan (Corem Imp)070903.doc PASSED AND ADOPTED this day of July, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: Clerk :\CAXRESO\Grants\OneYear Consolidated Plan (Comm Imp)070903.doc , ~.A. - C.ITY MAI~IAb~'R ) REPORT '- CITY OF BOYNTON BEAC I'rEM A ;= AGENDA ITEM REQUEST FORM Requested Cit,/Cornrmsslon Date Final Form Must be fumed Requested C~cy. Comrn s.s ol; Date Finai Form Must Oe 'Fumed Mee:ma Dates in to ~it3, ClerK's Office Mcc~Ina Dates ~n to City C',crk'~, Or'rice ~]. Nonl I. 2003 March 17. 2003 (Noon.') June 3. 2003 May 19. 2003 tNoon) [] ~,0nl 15. 2003 March 31. 2003 (Noon) June i7. 2003 June 2. 2003 (Noon) [] May 6. 2003 April 14. 2003 (Noon) [] July I. 2003 June t6. 2003 - _~ May 20. 2003 May 5. 2003 (Noon) July 15. 2003 June 30. 2003 INoon) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business :~ AGENDA ITEM [5~] City Manager's Report [] Presentation -: [] Consent Agenda [] Public Hearing ... <, [] Code Compliance/Legal Settlements [] Unfinished Business -~ RECOMMENDATION: Discussion of Manna Development Agreement per developer's request for dissolution .~.the' Second Revised Development A~reement. ¢., EXPLANATION: The developer of the Manna project has requested that the City ComXmssion consider resctndin~he '~_ Manna development agreement. The agreement is the 'q'hird Revised Development Agreement" which provided a nme extension to the "Second Revised Development Agreement," dated June 6, 2000. I am attaching the Second Revised Agreement as (Exhibit A) since it contains the substance of the agreement between the developer and the City. The request for release of the Agreement is contained tn a letter fi:om legal counsel for the developer dated April 9, 2003. (E,'chibit B) In addition, the City has received a letter from legal counsel for Two George's Restaurant opposing the release of the Development Agreement at this tm~. (E.vdxibit C) The original development agreement, as amended called for 207 public parking spaces. Of these, 59 spaces were to be provided on Casa Loma, leaving 148 unresmcted parking spaces elsev,'here on the Manna development property. Per the 1999 Amended Mediation Agreement, Two George's Restaurant was to provide off-site permanent parking for employees and to meet the parking requXrernent for the additional floor area of the restaurant provided in 2002. (Exhibit D.) Per the latest site plan approved by the CRA/City Corrnvassion. the following parking ts provided on the site plan: Regular on grade surface parking: 15 Spaces Handicapped on grad~ surface: 4 Spaces Regular Parking Spaces in Deck 725 Spaces (includes parking for condos and commercial uses) Handicapped Parking in Deck 15 Spaces Towxthouse Parking 22 Spaces (not approved yet) - - : =:- 781 Spaces In addition, there are 24 on grade surface parking spaces plus 2 on grade handicapped spaces on the south side of Manna Drive/Casa Loma. These are "public access" spaces. PROGRAM IMPACT: None direct. However, there is a perceived lack of public access to the site because unresmctect public parking is not part of the approved site plan. to date. S:' BULLETfN\FOR~MS',AGENDA ITEM REQUEST FOR~4.DOC ~-iCITY OF BOYNTON BEACH ---AGENDA ITEM REQUEST FORM FISCAL IMPACT: Not known at this time but it should be noted that release of the Agreement will extinguish the Cib"s security, interest in the property, which was created to secure the value of the incentives the Cit5. provided to the developers. ALTERNATIVES: 1. Dissolve the Development Agreement per the request of the Marina Developer. 2. Refer the issue of parking matters and property owner association matters to staff for further mediation betxveen the Cit.',. CRA. developer and business interests. The staff has conducted one meeting of the participants on May 13th. w- C-~twj Manaoer~ 's St'.nature Department Head's Signature Department Name City Attorney, Finance' Human Resources S:\BULLETIN~FORMSLAGENDA ITEM REQUEST FORM DOC SECOND REVISED DEVELOPMENT AGREEMENT ~.~.~.,Sf- ~. THIS AGR.:EEMENT entered into as of the 6t~ day of June, 2000, between the CITY OF BOYNTON BEACH, FLORIDA (hereinafter "CITY") and OCEAN BREEZE FESTIVAL PARK, INC., a Virginia corporation, (hereinafter "DEVELOPER"). WHEREAS, DEVELOPER owns 6.93 acres of property, more particularly described by the legal description attached hereto as Exhibit "A", located in the City's Community Redevelopment Area and the Central Business District, which Developer desires to develop as a unified mixed use project (hereinafter "PROJECT"); and WHEREAS, the DEVELOPER has heretofore entered into a Development Agreement, dated J ~ly 1, 1997; and WHEREAS, the July 1, 1997, Development Agreemer:t was amended by' a First Amendment to Development Agreement, dated October 5, 1998, and a Revised Development Agreement was entered into dated October 13, 1999 (the "Previous Agreement"); and WHEREAS, the First Amendment to Development Agreement provided for phasing of the project; and WHEREAS, the DeveloPer has submitted a conditional use site plan application consolidating Phase One and Phase Two of the projec;.; and WHEREAS, one of the conditions of approval adopted by the City Commission on February 16, 1999, was the consolidation of Conditions of Approval for Phase One and Phase Two with-the: terms and conditions of the Development Agreement and the First Amendment to the Development Agreement; and This instrument prepared by: ~.a~.es %. Cherof,_City Attorney ~i~y o~ Boynton ~eacn 100 East Boynton Beach Blvd. Version 10.0 Boynton Beach, FL 33435 6/6/00 WHEREAS, the Developer seeks reasonable assurance from the City and the City clesires to provide reasonable assurance to the Developer that if Developer acts in accordance with this Revised Development Agreement that Developer shall receive necessary development permits and establish entitlement to incentives approved by the City; and WHEREAS, the CITY and the DEVELOPER have negotiated for a package of economic incentives in accordance with the provisions of CITY Ordinance 96-46 which authorizes economic incentives to eligible businesses located in the community redevelopment area for qualified projects; and NOW THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. RECITALS. A. The foregoing recitals are true and correct and they are incorporated into this Agreement by this reference. B. DEVELOPER and CITY represent to each other that the foregoing recitals are material in nature and are relied upon by each other for the purposes of entering into this Agreement. C. Each party has fully investigated the facts which underlie the representations. Each party represents to the other that it will fully cooperate with the other to implement the terms and conditions of this Agreement. 2. COELA~I~RAL DOCUMENTS. A. The following exhibits are collateral documents to this Agreement and are hereby deemed part of this Agreement: 2 Version 10.0 6/6/00 Exhibit A- Legal Description, Project (unchanged, See Exhibit A to Previous Agreem_.ent). Exhibit B- Conditional Use Site Plan - dated 12.07.98 with revisions through Revision 6, dated 8/10/00. Exhibit C- Legal and Equitable Owners (unchanged, See Exhibit C to Previous Agreement). Exhibit D- Public Facilities (unchanged, See Exhibit D to Previous Agreement). Exhibit E- Reservations and Dedications (unchanged, See Exhibit E to Previous Agreement). Exhibit F - Intentionally left blank. Exhibit G - Intentionally left blank. Exhibit H- Conditions of Approval (unchanged, See Exhibit H to Previous Agreement). Exhibit I - Intentionally left blank. Exhibit J - Intentionally left blank. Exhibit K - Intentionally left blank. Exhibit L- Casa Loma Ovedook Construction and Use Detail (unchanged, See Exhibit L to Previous Agreement). B. In the event of any conflict between the terms and conditions of this ~: - Agreement and-~ny-0f the collateral documents, the terms and conditions as set forth in this Agreement shall control and the collateral document will be conformed to this Agreement to eliminate such conflict. 3 Version 10.0 6/6/00 3. INTEN_T. A. It is' the intent of the DEVELOPER and the CITY that this Revised Development Agreement sets forth all the terms and conditions under which the CITY has approved or agrees to approve the PROJECT as a single unified development and granting incentives sought by DEVELOPER and offered by the CITY. B. The parties agree that this Agreement is not a developer's agreement entered into pursuant to Section 163.3220-163.3243, Florida Statutes. C. This Second Revised Development Agreement supercedes and replaces the Development Agreement, which was recorded in ORB 10899, pages 1772 - 1828 of the Public Records of Palm Beach County, Florida, the First Amendment to the Development Agreement which was recorded in ORB 10899, pages 1829 - 1847 of the Public Records of Palm Beach County, Florida, and the Revised Development Agreement, which was recorded in ORB 11449, pages 152-209. 4. COVENANTS RUNNING WITH THE PROPERTY. It is the intent of the parties that the DEVELOPER'S obligations as set forth in this Agreement shall be deemed to be covenants running with the land. 5. LEGAL DESCRIPTION OF PROPERTY. The legal description of the property is as set forth on Exhibit "A". 6. LEGAL AND EQUITABLE OWNERS. DEVELOPER represents that legal title and/or equitable title of the property is currently vested in those individuals, companies, partnerships, limited -i~rtnerships, or other entities as set forth on Exhibit "C". 7. EFFECTIVE DATE. This Agreement shall take effect as of June 6, 2000. 8. DURATION. The duration of this Agreement shall run until the earlier of: 4 Version 10.0 6/6/00 (a) .completion of all of the improvements depicted on the Site Plan; or (b) ~ DEVELOPER giving written notice to the CITY of abandonment of the SITE PLAN. It is acknowledged that minor modifications of the SITE PLAN or expansions of the PROJECT, approved by the CITY, shall not be deemed an abandonment. 9. DEVELOPMENT USES. A. The following uses have been approved by the City Commission: 1. 29,302 square feet of two-story office/retail floor area. 2. Two public restaurants with a combined area of 12,830 square feet. 3. Fuel sales. 4 38 Marina slips, 2 of which shall be designated for the exclusive use of the City of Boynton Beach for Police/Marine Patrol purposes. 5. A multi-unit residential apartment building of 8 stories or less, not to exceed 100 feet in height and no more than 229 residential units. 6. A parking garage. 7. DEVELOPER shall provide a minimum of 505 parking spaces, 2074 of which must be open and unreserved for public use (Of these 207 spaces, 59 are on Casa Loma Boulevard and N.E. 6tn Street. The City is granting to the Developer the use of these 59 public spaces as credit toward his obligation of 207). Nothing herein shall prohibit the City from metering or providing time restrictions on those parking spaces .lOcated on City right-of-way, or from entering into an Agreement with At the August 3, 1999 City Commission meeting, pursuant to LDR. Chapter. 2 Zoning, D.4.d.(2) the City Commission reduced the required public parking spaces to 207. 5 Version 10.0 6/6/O0 _DEVELOPER to meter or restrict those public use spaces located on -. DEVELOPERS' property. B. It is agreed that the issuance of development orders for the site work and permits for construction of the buildings and structures depicted on the SITE PLAN are subject to certain conditions as set forth in this Agreement. DEVELOPER shall complete all Phase I construction improvements depicted on the SITE PLAN (meaning all "backbone infrastructure" as defined in Section 13D of this Agreement, the Marina Improvements, the retail shells, and restaurant #1 shell) on or before January 1, 2002. If DEVELOPER completes the Phase I improvements prior to January 1, 2002, the CITY'S lien (or other means of security) of $77'0,328.00 shall be reduced to $192,582.00, which shall be held until all improvements depicted on the site plan are completed, less and except certificates of occupancy for the interior of the buildings. Failure to complete the entire Project on or before January 1, 2003, shall result in forfeiture of the incentives granted by the City. If the Developer fails to reimburse the City for incentives within ninety (90) days of notice of default, the City may foreclose the lien or declare default and call the bond or letter of credit, referred to in paragraph 17 N. hereof. C. Prior to and as a condition of issuance of final release of the City's incentives lien (or other security), DEVELOPER shall file with the CITY a revised SITE PLAN, depicting all improvements to the PROPERTY, as built. D. Notwithstanding anything to the contrary contained in this Agreement and only when all code re~,,.~irements are met: (i) Developer shall be issued Certificates of Occupancy for the docks and fuel pumps upon completion of those improvements provided that the utilities to 6 Version 10.0 6/6/00 service, the docks and pumps has been completed and approved and fire/rescue vehicles have access to the dock/fuel pump area, (ii) Developer shall be issued Certificates of Occupancy in the residential structure on a floor by floor basis when those floors have passed all inspections and provided all backbone infrastructure, and the parking garage are complete, and (iii) Separate Certificates of Occupancy shall be issued upon completion of each individual restaurant and retail space, provided the restaurant or space has passed all inspections and all backbone infrastructure is complete. 10. PUBLIC FACILITIES. A description of the public facilities which will service the PROJECT are as set forth on Exhibit "D". Exhibit "D" is not intended to limit or exclude customary municipal services or facilities that the CITY currently provides to projects of this nature. 11. RESERVATIONS AND DEDICATIONS. The DEVELOPER shall grant or convey to the CITY a portion of the property for public purposes. A schedule of reservations and dedications is attached hereto as Exhibit "E". The granting or conveyance of the reservations and dedications referenced herein shall not necessitate the replatting of the property. 12. CASA LOMA BOULEVARD. A. The CITY agrees to abandon Casa Loma Boulevard as a public right of way, and the document ref~:ting the abandonment shall be held in escrow pending the payment to the DEVELOPER referenced in Paragraph 12E below. The DEVELOPER shall grant to the public the non-exclusive right of ingress and egress over that portion of Casa Loma 7 Version 10.0 6/6/00 Boulevard which it shall own subject to the right to have restaurant tables as shown on Exhibit L. B. The DEVELOPER shall complete those improvements to Casa Loma Boulevard as depicted on the SITE PLAN by May 7, 2001. In addition to the improvements shown on the Site Plan, DEVELOPER shall construct a sea wall along the eastern terminus of the Casa Loma Boulevard right-of-way. All improvements shall thereafter be maintained by DEVELOPER or by a merchants' or property owners' association formed by DEVELOPER for the purpose of insuring continued maintenance of the improvements, or by a Cross-Easement Agreement with the property owner to the South. DEVELOPER'S obligation to maintain the improvements shall survive the duration of this AGREEMENT. C. Failure to maintain the dumpster improvements depicted on the Site Plan shall result in revocation of the occupational license of any business dependent on the dumpsters for waste disposal. No occupational license shall be revoked without the City first providing the owner and occupant of the business with ninety (90) days written notice of deficiency and opportunity to cure. D. In exchange for the improvements to Casa Loma Boulevard, the DEVELOPER shall be entitled to a credit for all parking spaces constructed in the Casa Loma and Orange Avenue rights of way to parking spaces required for the PROJECT by the CITY'S Land Development Regulations. E. DEVELOPER shall improve the eastern most portion of Casa Loma Boulevard as de_picte:8°n the SITE PLAN and the Casa Loma Overlook Construction and Use Detail. The Overlook is that portion of Casa Loma east of the cul-de-sac. Within thirty (30) days of DEVELOPER'S engineer certifying to the CITY the design and construction 8 Version l 0.0 6/6/00 costs of the Casa Loma Overlook improvements, the CITY shall bill the property owner whose property abuts the southern one-half of Casa Loma Boulevard east of the cul de sac for an amount equal to fifty (50%) percent of the cost of construction of the above-ground improvements depicted on the Casa Loma Overlook Construction and Use Detail, including pavers, landscaping and lighting, plus such owner shall pay $9,129.00 towards the seawall, within thirty (30) days of receipt of a certified engineering estimate, and such amounts shall be paid to DEVELOPER by CITY upon completion of such improvements. This bill must be paid by such owner to DEVELOPER prior to the CITY attorney's release from escrow of the document abandoning Casa Loma Boulevard. The purpose of this procedure is to ensure that DEVELOPER receives reimbursement for expenditures made to improve the Casa Loma Overlook portion of the project, and both DEVELOPER and such property owner must instruct the CITY attorney to release such document. 13. LOCAL DEVELOPMENT PERMITS. A. Construction of the PROJECT is contingent upon the DEVELOPER applying for and obtaining all development and/or construction permits required by the CITY or any other regulatory agency. B. The CITY agrees to process, without unnecessary delay, its permits and applications and cooperate in good faith with DEVELOPER'S efforts to get permits, licenses, and agreements from other regulatory agencies and utility companies. C. The failure of this Agreement to specifically address a particular permit, condition, term;- or -restriction shall not relieve the DEVELOPER of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction, unless such necessity is negated by waiver by the CITY. 9 Version l 0.0 6/6/00 D. A revi_sed Site Plan was approved by the City Commission as part of conditional use aPlproval consolidating both Phase One and Phase Two. The project is one unified development project. The structures depicted on the Site Plan may be constructed in phases, provided that all infrastructure improvements necessary for the entire project must be completed before the first Certificate of Occupancy is issued, regardless of bonding or other surety except for the docks and fuel pumps which are dealt with in paragraph 9.D.(I). For this purpose, infrastructure shall be limited to potable water, sanitary sewer, drainage, and a second paved access road which is the extension of Boynton Beach Boulevard, the failure to provide shall not hold up any permits or certificates of occupancy pursuant to Paragraph 17. G. 6. 14. COMPREHENSIVE PLAN. The parties agree that the proposed PROJECT is consistent with the CITY's Comprehensive Plan and that no Comprehensive Plan amendment is necessary to effectuate this Agreement. 15. CONTROLLING REGULATIONS. The site development work and construction of buildings and improvements of the PROJECT shall be in accordance with the CITY's Land Development Regulations and applicable building codes. Nothing herein shall be construed as a waiver by the CITY and in favor of the DEVELOPER with respect to any of the conditions set forth in the building codes or relating to the method of construction. 16. CONDITIONS OF DEVELOPMENT. A. The cQhditions of approval set forth in Exhibit "H" are conditions to the issuance of site preparation and building permits for DEVELOPER'S PROJECT and are necessary for the public health, safety, and welfare of the citizens of the CITY. 10 Version 10.0 6/6/00 The parties _acknowledge that a number of the conditions set forth on Exhibit "H" require adi~itions, deletions or modifications to the SITE PLAN. B. Nothing herein shall mandate the passage of such ordinance nor require that any Commissioner be required to vote in favor of such ordinance if he or she determines that such ordinance is not in the best interest of the CITY. C. No waiver of a condition shall be effective until the condition is complied with, waived, or eliminated by Code amendment. Application for the waiver of a condition may be made by DEVELOPER or by the CITY's Administrative staff. The City administrative staff shall maintain a list of conditions, kept current, and notated such that it can be determined whether the condition has been complied with, waived, or eliminated by Code amendment. 17. ECONOMIC INCENTIVES. A. The parties agree that DEVELOPER is an "eligible business" as that term is defined in CITY Ordinance 96-46. B. This Agreement, when signed by DEVELOPER shall constitute an application by the DEVELOPER for the granting of economic incentives in the manner prescribed by Ordinance 96-46: C. The CITY Manager has reviewed the application and has determined that the economic development incentives hereinafter set forth are necessary and appropriate. D. The CITY will appropriate or designate sufficient funds for the CITY to pay the cost of suchince_rrtN, es. E. Approval of this Agreement shall constitute approval by the CITY Commission of the DEVELOPER'S application for economic incentives. 11 Version 10.0 6/6/00 F. The incentives listed below shall be deemed vested with the DEVELOPER, subject only to forTfeiture in the event of a default by the DEVELOPER as set forth in this Agreement. G. The following listed incentives are granted by the City. All work preceded by the symbol (') is work that shall be performed by or under the direction of the City. All additional work not so noted, shall be performed by or under the direction of the Developer. The parties shall coordinate all work listed herein. The parties shall hold a scheduling conference within 90 days of the date of this agreement and thereafter as necessary to facilitate the work. 1. SEWER AND WATER IMPACT FEES AND CONNECTION EXPENSES MAXIMUM VALUE Retail Commercial $13,812 Restaurant $53,781 Marine $27,438 Meters, Deposits and Connection Fees $7,175 Sub-total $102,206 2. OFF-SITE WATER AND SEWER *8 inch water main in Casa Loma $16,148 *Wet taps for connection to existing $6,900 *Water service to property line $8,625 *8 inch ~-avity sewer in casa Loma Blvd. $43,125 *Service connections to property line $34,500 *Manholes $11,500 12 Version 10.0 6/6/00 Sub-total $120,798 3. ON-StTE WATER AND SEWER 10-inch water main $13,800 Fire Hydrants $10,350 8-inch water main $3,519 8-inch water main $13,350 *24-inch gravity sewer $139,150 *Manholes $23,000 'Abandon existing sewer in place $5,000 Sub-total $208,169 4. BUILDING FEES $240,000 The CITY shall fund on behalf of DEVELOPER the payment of building permit fees, including impact fees, to the City, the County, and the State, up to a maximum of $240,000.00, for the construction of improvements depicted on the SITE PLAN and within the boundaries of he legal description set forth on Exhibit "A" to this Agreement. 5. INTERIM SERVICE FEE.' $19,655 The CITY shall fund the payment of CITY interim service fees up to a maximum of $19,655.00 otherwise applicable to the PROJECT. *At the time of this Agreement, the City has temporarily suspended collectidTf of Interim Service Fees. 6. BOYNTON BEACH BOULEVARD EXTENSIONS. $75,000 13 Version 10.0 6/6/00 It is the. intent of the parties to work jointly to extend Boynton Beach Boulevard eastw-a_~l from its current point of terminus to the point that it intersects the western most boundary of DEVELOPER'S property. The project to extend Boynton Beach Boulevard has three components: A. Acquisition of the necessary right-of-way, B. Approval of the extension by the Florida Department of Transportation; and C. Construction of the extension. The CITY'S obligations are as follows: 1. To obtain the approval of the Florida Department of Transportation for the extension, 2. To acquire the right-of-way for the Boynton Beach Extension to the west end of DEVELOPERS property. The City shall have eighteen (18) months from the date of the Agreement to obtain title. The CITY shall use, if necessary, its power of eminent domain. The CITY'S monetary obligation to acquire the right-of-way shall not exceed $75,000.00. The DEVELOPER'S obligations are as follows: 1. To convey to the CITY its interest in property within the right-of-way, -- ~.: To contribute up to $10,000 to the cost of acquisition of the right-of-way; 14 Version 10.0 6/6/00 :3. To construct, at its cost, the right-of-way as shown on the ... approved site plan. _:~ In the event the monetary obligations set forth above are insufficient to fund the acquisition of the right-of-way, the CITY and the DEVELOPER shall have the option, but not the obligation, to fund any shortfall. In the event the CITY or the DEVELOPER does not fund a shortfall, or if the right-of-way cannot otherwise be obtained, such refusal or failure shall not impede the issuance of any permits, CO's or other governmental approvals required by the CITY for the project, and the condition of approval requiring access to the Project from the Boynton Beach Boulevard Extension or a second access shall be deemed withdrawn. 7. ADMINISTRATIVE FEES. $4,500 The CITY shall fund payment of application fees for administrative review for the PROJECT up to a maximum of $4,500.00. TOTAL: 770,328 H. Incentives in the form of fees and connection expenses shall be paid by the CITY directly to the permitting authority, when due. I. Incentives in the form of reimbursement to the DEVELOPER shall be paid to DEVELOPER when DEVELOPER submits a draw request to CITY Manager indicating that the DEVELOPER has expended fund to complete the improvement which is the subject of the incentive. - J. The dollar amount indicated for each incentive constructed by the CITY or directly funded by the CITY is "the not to exceed values" fixed by the CITY as the 15 Version 10.0 6/6/00 maximum expenditu, re approved by the CITY. These incentives shall be paid or credited at actual cost. Incentives in the nature of reimbursement to the DEVELOPER for work performed by the DEVELOPER, as notated above are true values and shall be paid by the CITY without the value being certified or audited. K. The CITY represents and warrants that no further approvals or consents are required and that subject to the conditions of this Agreement the obligation of the CiTY to provide the economic incentives is valid and may be relied upon by DEVELOPER. L. The economic incentives hereby approved by the CITY are conditioned upon construction of the PROJECT in accordance with the SITE PLAN, to the extent set forth in this Agreement. M. Nothing herein shall be construed to constitute a waiver of any impact fee, in whole or in part, for purposes of municipal accounting, but to the extent that impact fees constitute incentives under this Agreement, they shall be paid by the CITY on behalf of the DEVELOPER, and not by DEVELOPER. N. DEVELOPER grants to CITY a lien on the property described on Exhibit "A" in an amount equal to the value of all incentives granted by the CITY. Said lien shall not be subordinated to any other encumbrance and shall not be released by the CITY until the entire PROJECT has been issued certificates of occupancy. The DEVELOPER may bond off the City's lien by substituting performance bond, letter of credit, or other means of surety, the form and substance subject to approval by the City Attorney and in the amount of $770,328.00;-Th~--CITY'S lien, and its right to foreclose same, shall survive beyond the duration of this Agreement. 16 Version 10.0 6/6/00 18. RECQRDING. Upon execution of this revised Development Agreement the CITY will record same in the Public Records of Palm Beach County, Florida. As requested by the DEVELOPER, CITY shall provide recordable estoppel certificates as to the status of this Agreement, DEVELOPER'S rights under this Agreement, and DEVELOPER'S rights to proceed with the PROJECT. 19. DUE DILIGENCE. A. The parties hereto agree and covenant that they shall immediately, following the effective date of this Agreement, commence all reasonable actions necessary to fulfill their obligations hereunder and shall diligently pursue the same throughout the existence of this Agreement. B. In the event either party is deemed by the other not to be proceeding with due diligence, the party alleging such lack of due diligence shall give written notice and the alleged guilty party shall promptly take reasonable corrective action. C. Any time deadlines imposed upon DEVELOPER in this Agreement (including Paragraph 18) shall be subject to reasonable extensions for unexpected reasons or reasons beyond DEVELOPER'S reasonable control such as labor shortages, material shortages, casualty damage, moratorium, unexpected government delay, act of war, civil disobedience, lack of CITY services or facilities, concurrency and the like. 20. RESTRICTIVE COVENANTS. The burdens of the development shall be binding upon, and the benefits of said Agreement shall inure to, all successors in interests of the parties tothis ~reement, including heirs and assigns. 21. ENTIRE AGREEMENT. This Agreement, together with the collateral documents referenced in paragraph 2.A. hereto, sets forth all of the promises, covenants, 17 Version 10.0 6/6/00 agreements, conditions and understandings between the parties hereto, and supersedes all prior and conter~poraneous agreements, understandings, inducements or conditions, express or implied, oral or written, except as herein contained. 22. SEVERABILITY AND REMEDIES. A. The invalidity of any provision hereof shall in no way affect or invalidate the remainder of this Agreement except that if any provision which is invalid prevents the CITY from approving the PROJECT, issuing permits or Certificate of Occupancy or prevents DEVELOPER from receiving all economic incentives, DEVELOPER may elect to rescind this Agreement. B. In the event this Agreement is terminated by reason of the material failure of the DEVELOPER to timely perform the terms and conditions set forth herein, the CITY shall have the right to refuse to issue building permits or other development approvals for the property. C. Notwithstanding the foregoing each party shall be entitled to pursue all other remedies provided by law, now or hereinafter existing. 23. NOTICES. Upon further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, certified mail, or return receipt requested, or telegram, and shall be mailed or delivered as follows: AS TO THE CITY: City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33025 With a Copy tC: James A. Cherof, City Attorney Josias, Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 18 Version 10.0 6/6/0O Fort Lauderdale, FL 33308 AS TO DEVELOPER: Ocean Breeze Festival Park, Inc. - 1120 Laskin Road Virginia Beach, VA 23451 With a Copy to: David M. Layman, Esquire Greenberg Traurig 777 South Flagler Drive Suite 300 East West Palm Beach, FL 33401 24. GOVERNING LAW AND VENUE. This Agreement shall be construed in accordance with the laws of the State of Florida, and any proceeding arising between the parties in any manner pertaining to this Agreement shall, to the extent permitted by law, be held in Palm Beach County, Florida. 25. BINDING EFFECT. The obligations imposed pursuant to this Agreement upon the DEVELOPER and/or upon the property shall run with and bind the property as covenants running with the property and this Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees, assigns, and a copy of this Agreement shall be recorded among the Public Records of Palm Beach County, Florida, upon execution of this Agreement. 26. ATTORNEYS' FEES. Should either party hereto bring an action against the other to enforce the terms and provisions hereof, then the party prevailing in said action shall be entitled to a judgment against the other for his reasonable attorneys' fees and costs. 27. LAWS-~F FLORIDA. This Agreement shall be governed by the laws of the State of Florida and it shall become effective immediately upon execution by both parties 19 Version l 0.0 6/6/00 hereto, subject to a~y approvals which must be obtained from governmental authority, if applicable, and {u. bject to all conditions for the rendering of service as set forth in this Agreement (including the obtaining of necessary easements). 28. ASSIGNMENT. Without consent of the CITY, DEVELOPER may assign this Agreement and/or rights hereunder, including the incentives granted by the CITY. 29. PROJECT EXPANSION. Nothing herein shall prevent DEVELOPER from seeking a modification of the SITE PLAN, subject to CITY approval. 30. SITE PLAN PACKAGE. See Conditions of Approval. 31. A. Developer intends to obtain mortgage financing for the PROJECT from one or more lenders (collectively, the "Lender"). Developer shall provide written notice to the City of the name, mailing address, and designated representative of each lender. B. CITY agrees: 1. that the Developer's rights under the Agreement may be assigned to the Lender without City's consent, but with notice to the City; 2. that should Lender or other third party acquire title to the Project or portion thereof as a result of foreclosure sale or deed in lieu thereof (the "Successor Owner"), such Successor Owner shall succeed to the rights of Developer under this Agreement; 3. that City agrees to give to any Lender which has notified City in writing a~-to i(~-interest in the Project, written notice of any default by Developer under this Agreement with Lender having the right to cure such default within a curative period reasonable under the circumstances then existing; and (iv) 20 Version lO.O 6/6/00 that this Agreement cannot be terminated, abandoned, modified or amended witl:f~ut notice to Lender's. C. Nothing herein shall limit the City's power to terminate this Agreement if there has been a default by Developer and if the lender has been given notice of said default and has failed to cure the default within the curative period referenced above. 21 Version 10.0 6/6/00 ATTEST: " ..:.'?" - City/Clerk : . /,~.~ice Mayor Ronald Weiland STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, j:)ersonally a. ppeared Rona].d Weiland, Vice ~-]%!qVlayor of the City of Boynton Beach and ..,~/_~ ~..,~... ~ the. C!ty Clerk known to me to be the persons described ir~ and who executed me Toregomg instrument, who acknowledged before me that they executed the same, ,)(' are personally known to me (or produced the following type identification:) and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid this~/d.,~ day of(~_l/~l~_/,~ .., 2000. NOTARY PUBLIC My Commission Expires: City 22 Version 10.0 6~6/OO Witnesses: --' OCEAN BREEZE FESTIVAL PARK, INC. ~" F~_J. ;~:?, /.~,,~-,,,~, President STATE OF ~A ) COUNTY OF~ ) I HEREBY. CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared ~l')v,/,~O (.~,,t~,~ known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, is personally known to me (or produced the following type identification:) and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid this day of -'J"t)~,~ ,2000. ~,j~& ~.~~ ....~.: NOTAI~PUBLIC ' :~ ~ .-: My Commission Expires: ~ ~ '"": -~" 23 Versior~ ~0.0 6/6/00 LEGAL DEi~ON: PARCEL :[: Lots 3~ and 38 and Dewey's Subdivision, Plat Book ~., page 37 of the Public Records of Palm Bea~ County, Rodda, Less the right-of-way of Casa Loma Boulevard and 1~_~ the right-of-way of Orange Grove Boulevard. Together with the reversionary interest, if any, of mortgagor in the rights-of-way of Casa I.oma Boulevard and Orange Grove Boulevard. PARCEL 2: The East half of LOt 39 and the East half of LOt 42 in Dewey's Subdivision, Plat Book [, page 37 of the Public Records of Palm Beach County, Rodda (Less the South 30 feet of said I.et 42. as shown in Deed Book 34[, page [88) Together with the reversionary interest, if any, of mortgagor in the right-of- way of Ocean Avenu~ .. PARCEL 3: That plat of Section 27, Township 45 South, Range 43 East, Palm Beach County, Rodda described as follows:. Commence at the Southeast comer of I.et 37, Dewey's SubdMsion, accordlng to the plat thereof recorded in Plat Book ~ at page 37 of the Public Records of Palm Beach Countyv Rodda; thence N 7' [4' ~0' F_, along.the ~ line of said I.et 37 and along the West right-of-way line of the Tntra~ Watanvay~ 25.20 feet 1=. a line 25.0 feet North of and parallel with the South Ilne of said I. et 37 and the Point of Beginning; hence East, along said parallel line, 33.8S feel:; thence N. 5° 47' 36" E., [42.07. feet;, thence N. 82.° S. 45' 50' W., 30.0 fee~ to the said East line of lot 37; thence $. 7' :t4' :tO' W., along said East Ilne, ~.46.~.4 fee~ tu the said Point of Beginning. Areas: Parcels :t & 2 & 3 = 30[,887 sq., lc, 6.93 acres. Location: Northwest comer of Orange Avenue and Ocean Avenue ;'-' F~L SET OF -,'t ~' .~ b ,. ~ "~ ~ ~ D~WINGS ON 'u  . ~ ~:~'~ FILE WITH ~ ,.,,,,,-~-imq ~:~,.~,~,, ~ .... ~ ff CITY CLE~ -] ~ ~ .,~= ~ ff.it~ ..;~ 'iii ~ ~ ~::[~} { ~{ ~';"q, ':'"'": Ql :'"-::,,::~:' "" "'" ~ i ,, :.2~'!i, .-i"'-:' ~[h ~ T:, ; /~ ...... ''-:--," ~ ~ ~ I , =~' ~ -' ' ,~ ':~ ~' ' ---~ : ~. ~{ --,.'2:',-~' (~ ~ ;3:/II] ?'-: ':"= "='-': -~= ' !{{,, ':':1:[ ....... .~.:~,~ =, _ t ~, .... ...... , ~L AND EQUITABLE OWNEP~ OCEAN BRFt="/r= FEEI'IVAL PARK, INC., c/o The F..56 Companies 1120 Laskin Road Virginia Beach, VA 23451-5210 PUBIC FA~ 1. The City will design and construct off-site water and sewer facilities sized to accommodate the projected build-out capacity of the pro]mcr. 2. The City will inst~il t~affic and parking control signs along, the Casa. i.oma dghL~f-way. $CHEDULL= OF RESERVATIONS AND DEDICA'I'[ONS 1. Easem~t from Ocean Breeze FestNai Park, Inc-, to the Oty of Boynton Beach, dated 3une [4, [999, Addendum to Easement and Exhibit "A" (dated 3/[/99, Order #80-275 ~F~; 2. Easement from Ocean Breeze Festal Park, Inc-, to the City of Boynton Beach, dated .~une 14, [999, Addendum to Easement and Exhlblt ~A' (dated 5/19/99, Order #80-275 3. Easement from Ocean Breeze Festtval Park, [nc-, to the City of Boynton Beach, dated 3une 14, 199=J, 'Addendum.~ Easement and Exhlbtt"A' (dated 311/99, Order # 80-275 4. Easement from Ocean Breeze Festival Park, [nc., to the City of Boynton Beach, dated November 4, 1999, Addendum to Easement and Exhlbtt ~A" (dated 11/3/99, Order #80-275 *Resanrdtlons and Dedications to be recorded saparataly. LEFT II~ONALLY BLANK EXHIBIT "H" _- Conditions of/~oDrovai oject name: Boynton M'ar~na ~le number:, COUS 98-008 Reference: The olans ct~nsist of ~ sheets identified as 4th Review. New Site Plan. File ~ COUR ~)8-008 with a February .2. 199g Plannin0 and Zonina Oaoartment date st'amD rnarkina. DEPARTMENTS INCLUDE I REJECT PUBLIC WORKS Comments: 1. The dumpster (or vertical compact~r) enclosures should be a minimum 10 feet by 10 feet internal dimensions. The gates for the containers should be mounted on the outside of the enclosures. The enclosures should be widened if the gatee am to be mounted x -on the inside. Steel dowels should be installed to hold the gates open. The t~uck must be provided with a turning radius of 55 feet minimum. 2. Waste removal in connection with construction process must be x serviced by City of Boynton Beach. Place note on dumpster detail to indicate same. UTIUTIES Comments: 3. All utilities easements shall be shown on the rectified landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only ~ species allowed within utility easements. Canopy lines may be planted outside of the easement so th~ mots and branches will n~t Impact those utilities wilNn the easement tn the foreseeable futura. I.DR X Sec. 7.5-18.1 gives public utilities the authority to remove any trees that Interfere with utBty services, either In utility easements or public rights.~-way. Them am3eer ta be some very deflnffe c~3nflicts between canoav trees and utilities in this submit~l, as them were in the-December 1998 submit~l_ 4. Department of Health permits will be required for the water and sewer system extensions serving this project. (Sec. 28-12). Show all existing and proposed water and sanitary sewer improvements x on the site plan or drainage plan at this time including pipe size, and location. ISec. 28-16) 5. Fire flow calculations will be required demonstrating the City Code requirement of 1500 g.p.m, as stated in I. DR Chal3. 6, Art., Sec. X 16, or the requirement imposed by insurance undervwitere, whichever is cjreater. (See Sec. 26-16(a)). Fire flow tests results , Page 2 Boymon Beach Marina -- File No.: COUS 98-008 ~ DEPARTMENTS INCLUDE REJECT I for the main on Ocean Avenue have been provided, I~ut fire flow calculations to f~e on-sito hydrants have not. Please submit these calculations with your Health Department permit application and plans. 6. Provide proposed elevations, flow arrows, treatment facllites and an engineer's written certification that drainage will conform to all rules of the City and the South Fiodda Water Management District. x (t. DR ChaD. 4, Sec 7F") -' 7. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all existing or proposed easements on the site plan and drainage plan. The · .water and sanitary sewer lines to be situated along the west side of the projec~ will require a clear, unencumbered easement of 37 feet (12' for water, 25' for sanitary). All easements shall be X dedicated via separate instrument to the City as stated in ~ 20- 33(a) of the Code. These easements must be..dedicated within 30 days in order to allow the City to commence relocation of the 2.4" diameter gravity sewer. Provide resolution ve~ying abandonment of the existinc~ utllit7 easements no Ioncger needed.. 8. The drainage plan included in this submittal Is dated DeCember 7, 1998, and is similar if not identical to I~e one submitted in December. It has the same drawbaclcs as previously mentioned; namely there is' insufficient space for the water, sewer and drainage lines shown along the west side of the site. It also shows x restaurant ~ in a different location from ~ shown on the site plan. Please re-submit a consistent set of ?ans. 9. Appropriate bacidlow .Iqeventers will be required on the domestic 10. Building permit~ for ~ project shall not be issued until this office has approved the plans for the water and/or sewer improwman~ required to _serve'~eacl~ of ~ bu~lings..(Sec. 25-15). In additon, the developer shall post surety for all other recluired improvements for whicl~ he is responsible, and which will not be x completed before the first certificate of occupancy. (I.DR Chap. 8, Art. V, Sec. 7). This surety will exclude items.to be Installed by or under the direction of the City as ~pulated .in Exhibit "1" of the "Oeve~pment Acjreement'. -- 11. Note that the addition of 22g apartment units greatly intensifies the x use of the site above what was originally en'dctpated. This ctmnge '~-' will re_~olt in an add,oriel ~nital facile_--_ ct~m- of ~oarmdmmtetv Page 3 " Boynton Bc~ch Marin~ File No.: COUS 98-008-.~ DEPAR'i'MEN'~ - ~ for water ~ sewer, ~ app~. therefore responsible for Da~ent of this addffionai f~. 1~ ~e 15-foot ufili~ and malay easement ~st ~ ~e p~E~ N.[ 6m S~et dght~f~ay, mfemn~ in ~mgmph 9 ~ ~e 'Rmt x ~endme~ to Development Agmemen~ ~ ~ be d~i~t~ to ~e CI~ to all~ maintenan~ ~ Ci~ ~1~. 13. All in~s~m imp~emen~ n~s~. for ~ia ~flm s~ must be ~mple~ before ~e flint ~~ ~ ~p~ is i~u~, ~er ~an for do~ and ~ei pumps ~n~~ ~~us~ wiffi m~ suppo~ i~~m indud~g a~ ~, ~r san~ s~er, drainage, and a s~nd ~ a~s ~ for se~ and em~en~ FIRE Comme~: 14. ~e~en~ a~ss a~ng no~ side ~ ~ent budding to no~ do~ is n~ sh~. A tim lane is ~u~. BBCC ~21. ~mment shall be mad in ~njun~on ~ P~gmph 17 G.6 ~ x · e Re~s~ Develo;mem A~me~ 15. S~ndpip~sPdn~er ~em ~ depa~e~ ~nn~on is not x sh~ for ~e apa~e~ buii~g. BBCC 16. Do~ ~nd=i~s no ~ar a=a~ ~an 2~ f~L BBCC ~' x POLICE Comme~: None ENGINE~ING D~ISION Commen~: 17. NI pl~s subm~ for sp~c ~ ~uimme~ ~ time ~ appli~flon. ~e pe~ in,de, b~ am nm lim~ to ~e foiling: s~ I~, ~ng, ~ge, x ~ing, lands~ping ~d i~gafion. peking agen~, su~ ~ ~OT, P~, S~D, D~M. LWDD, D~ and ~ o~em, shall be in~d~ reauesL Page 4 Boy'nton Beach Manna.-: File No.: COUS 98..005._ DEPARTMENTS INCLUDE REJECT 18. Pay a fee in lieu of dedication as set forth in Chapter 1, Section 5 x of the LDRs 19. Upon submittal of construction drawings for Casa I.oma Blvd. and NE 6~ Street, the applicant shall provide a recent detailed topographic, data, prepared by a land survey or ragister~ in the State of Flodda, showing existing conditions of the area to the south of Casa I.~ma Blvd. and the ama east of NE 6~ Slmet. x Design drawings for these areas shall show in detail .how public access, including handicap access, is to be provided to the facilities of the adjacent prepares, Including pmpoasd mteining walls, r'amos, stairs, etc,. 20. The city and the applicant shall jointly participate in extanding Boynton Beach Blvd. east from its current point of terminus as outlined in Revised Development Agreement and Indicated on the approved plan. II. DR Chapter 4, Section 8.C., Chapter 6, Artlcte III, Section 12., Chapter 6, Article IV, Sectlc~n 10., Chapter 6, x Article IV, Section 10.D., Chapter ti, Article IV, Section 10.B., Chapter 2, Section 11.2.D.] This comment shall be read in conjunction with Paragraph 17.G.8 of the Revised Development Ac~reement. 21 · I.~cate several handicap stalls on the north side of Casa I.oma Blvd. for accessible mutes to retail and office space and apartment/mteil to provide the shortest accessible mute per the x Florida Accessibilit7 Code. 22. The applicant shall agree t~ incorporate in the doc~ leasing agreements a stipulatton dleaitowing boat tenants from using the public parking spaces along Casa I.oma Blvd.,NE 6a. ~I., the private roadway west of the residential building and the first floor of the parking garage for their parking purposes. The dock leasing agreements must-also stipulate that llve aboards are not allowed x in accordarice w~ the DEP permit. Provide the City with copies of the proposed leasinc, j ac~ements for review and approval 23. The applicant shall agree to incorporate in the leasing agreements for all retail .uses a stipulation disallowing retail employees from using the public parking spaces along Casa L.oma Blvd., NE 6a Street, the private roadway west of the msidantlal building and the x first floor of the parking garage for their paddng purposes. Pmvk:le the City with copies of the proposed leasing agreements far review and approval. .., 24. The reauimments of the Florida Acces$ibilit~ Code shall be met for X Page 5 " Boymon Beach Manna File No.: COUS 98-O08-.. any I~rOloosecl valet oarkin9. 25. Sh~ p~posed ~ming m~emen~ on ~e Site Plan for a~ss ~ x Ci~ t~sh tracks to and from all ~m=a~o~ and dumpstem. 26. Unless supe~ ~ ~e Re~s~ Deve~pmem Ag~men~ provide ~e CI~ ~ ~e appmpda~ do~me~ ~ d~ignate public a~ss and m~afional ~e easem~ for'~e pmpos~ public pa~ at ~e i~a~r ~t~, ~e p~~n ~~ x be~een and on ~e no~ side ~ ~e pmp~ m~ ~0d~ and building, indudin~ a wai~y to the no~ pmp~ Ilne ~. ..Sh~ pmpos~ public ~dlifles on ~e s~ p~n ~d ~ns~on and ~e derail ~ pmpos~ designs for review. Pla~ shall in~ude pmpos~ ~bl~ ~enffi~ ~ ~ x ben~e~seaflng, ~sh ~p~, bike m~,. ~n~ng fo~, 28. It appeam ~t ~e pmpos~ sffe ~ dm~e ~m to be mvis~ to include ~e ~u~ residential building ~d ~ ~is ~ion possibili~ ~ m~ng ~e ~ drainage ~ to ~e basin ·mugh ~e se~ ~ ~de t~~ ~ng ~ ~ to ~sa ~ Boule~ ~ ~ be ~andable ~mplefion ~ ~ ~ng ~as (no I~~ ac~Omble to ~e ~ en~). ~nd Dev~omem 30. Casa ~ma Bouleva~ shall be main~n~ ~ o~ in ~e x Revis~ DeveloDment A~me~ Unless suDe~ Page 6 Boynton Beach Manna -~ Vile No.: COUS 98-008 .... DEPARTMENTS INCLUDE REJECT Revised Development Agreement, the applicant shall provide the City with a Maintenance Agreement for Casa i.oma Blvd. in a form acceptable to the City. The Maintenance Agreement will be reviewed by the City EnginHr, Public Works and Utilities prior to finalization. 31. Show the six fish cleaning and garbage stations required by the x DEP permit on the Site Plan. BUILDING DIVISION Comments: 32. .'At time of permit review, submit a recorded unity of title thatx combines all lots and I~arceis as one lot. 33. Add to the sheet titled Restaurant #1 Floor Plan the following building specifications: Gross floor area each floor, total gross floor ama entire building, floor ama of the exterior covered area, seats per floor (indoor and outdoor), total, seats entire facility, x overall building height, finish floor elevation 1" floor, type of construction and ooCUl~anc'y classification. 34. At time of permit review, amend all plan view drawings to show that the accessible routes that are. required between the accessible parking spaces and all uses ant[ amenities proposed for the project am in compliance with the regulations specified in x the Florida Accessibility Coda for Building Construction and the Federal Fair Housinc, I Act. 35. At time of permit review, provide detail drawings that illustrate how verllcai changes in elevation along, all accessible routes will be overcome.. The working drawings-that illusaate the vertical x changes in elevation shall be depicted in compliance with 36. Provide a minimum of four accessible parking spaces to the north side of Casa L.oma Boulevard. These spaces should be x distributed to serve the buildings titled Retail '~' & Office and Restaurant ~ 37. Place a note on the site plan indicating that ttte path of travel to and from the buildings and other facilitil~ on the site am' in x compliance with the Florida Accessibility Code for Building Constru_~_on and the Federal Fair Hm?_inc~ ~ 38. Amend the tabu_!er 1oarkin~ data and the l=tans to reflect and show x Page 7 -. Boynmn Beach Mar/aa-~ File No.: COUS 98-008" the correct numt~er of on~e a~sible pa~ng spa~. ~e 355 ~r-pa~ing garage ~ui~ eight (8) a~ible p~ng spa~s of whi~ one (1) shall be sh~ and labei~ ~ v~ a~sibte. ~e da~ shall also indi~te ~at ~e on,fie spa~ ~il ~uim four (4) a~ssible spa~s be sh~ ~d p~id~ at ~e s~. ~emfom, a to~l ~ ~elve (12) a~ible spa~ ~ ~u~ to be ~ on ~e s~e plan ~d iden~ in ~e ~bu~ ~ to ~~ represent ~e ~ui~ ~mber ~ a~ible spa~ for ~e pa~ng fiat is depi~ ~ ~e s~e p~n. (1~ ~ p~d~. ~e ~1 number ~ a~sible pa~ng ~a~ ide~ on ~e ~ spa~ ~ui~ ~ ~e ~dda A~ibi~ ~e ~r BulldOg Cons~on. 39. For ~e pu~e ~ a~ssing f~s ~so~ ~ i~g pe~ d~ngs subm~ ~ ~ m~ ~ ~ ~u~ ~d ide~ ~e qua~ ~ ~ ~a~e~ ~ ~ ~r ~ ~ x n~ber ~ b~~. Nso, i~ep~de~ id~ ~d p~de ~e ~dom, clubhouse, ~m and ~i~. plan d~n~ ~ ~p~ ~ I~fion ~d ~ ~ ~edor ~il x s~uen~m~geme~ p~ ~p~ ~ ~e i~men~ pmj~ ~ d~ ~ in~ude, b~ ~ ~ I~ ~, de6ning lead to ~-b~~ ~e p~ing p~ ~ ~o d~be ~d Ii~nses ~. ~e ~hide ~d p~~ ~ shall be sh~ dimensions ~m ~e ~ ~ ~d ~ pmpe~ !~ to ~e le~lng ~ga ~ ~e bulldog ~ R~~ ~. ~e ~ ~ app~ a ~ se~a~ for R~~ ~ At ~e ~ p~ mvi~, x iden~ on ~e s~ p~n ~e ~a~ d~~ ~m ~e pmpe~ line to ~e leading ~ge ~ ~e ~ building. ~e leadin9 ~ge ~ the buildtn9 b~ins ~ ~e d~ poi~ ~ ~e Boy'n~n B~,~ Marina F~I¢ No.: COU$ ~-00~'~ ovemang or ~nopy to ~e pmpe~ line. ~e tim ~ng eno wall openings Io~t~ on ~e e=e~or ~lls ~ ~ buildings shall ~mp~ wi~ ~e ~ula~ons sp~ in Table 600 ~ ~e ~da~ Buildin~ Code. ~. Add to sheet ~01 ~e ~ui~ a~tble ~~ ~t ~uld x ~ate ~e a~sible pa~ for ~e van a~ible pa~ng s~ to · e a~ssible buiidin~ e~n~. ~. Sh~ an~or des~ba on te~ina~. mail ~11 be del~e~ to ~e apa~e~. sO~fions list~ in ~e Oeve~Dme~ A~~ PARKS AND RECR~ON . ~mmen~: None FORES~~IRONM~AU~ ~mmen~: None P~NNING ~O ZONING -. ~mmen~: 47. Ch~ge ~ ~ 'l~.In ~on for pa~ng ~ for ~~. x ~ one (1) ~ 30 lin~ f~ · Add no~ ~ I~ds~pe p~n indi~ng ~ ~ i~ pa~ng s~ (~dud~g garage s~), ~~ i~ lands~p~ ama (20 ~ f~~), ~d i~dor lands~D~ ama p~d~ (or using ~u~ ~eda to t~ Page 9 Boymon Beach Marina File No.: COUS 98-008-._ DEPARTMENT~ " [ INCLUDE [ ,~-,ECT (10) square feet per space if a minimum of one (1) interior - shade tree is provided per four (4) interior spaces). · Add note to landscape plan stating number of trees (one is required) per 100 square feet of required interior landscaped ama. · Continue perimeter hedge along N.B. 6~ Street (west side). north/northeast of restaurant · Provide and identify on the landscape plan all proposed lighting fixtures for both-vehicular and pedestrian' ames in accordance with CBD Guidelines and/or Vision 29/20 Study recommendations. · Identify in the landscape plan tabular data, the percentage of native species to confirm compliance with the 90% .. requirement. · Add to list of notes on landscape plan the source of irrigation 49. Comprehensive Plan Policy 1.12.2 requires that residential projects in excess of 100 units proposed' within the hurricane evacuation z~ne be reviewed by the County's Division of x Emergency Management, and that comments be considered which re~ard the Peacetime Eme~ency, Plan. 50. Provide color descriptions for all details including color code on x elevation document. 51. Add tuming radius details within parking structure, and provide, at minimum stacking space for one vehicte at guard gate to prevent x blockinc~ of entr~ lane. 52. The minimum r~ extension of N.B. 2~ Avenue will be completed prior ~ Certificate of Occupancy of multi-family building, or alternative plan for waste removal will be incorporated x which eliminates need to access north side of building (this does not eliminate need to provide for emergency access along north skie of roje ). 53. Consistent with revised development agraem~ replace note Indicating that extension of N.E. Z" Avenue, Including cul-de-sac, is by othere, with 'developer to construct road Improvements in x accordance with revised developer's agreement and approved 54. Clarify whether th~ areas east of the Casa I. oma Blvd. cul-de-sac x and south of retail B are sod or paved areas. 'Page l0 Boyr~ton Beach Marina File No.: COUS 98-008 -~ DEPARTMEN'r~ INCLUDE REJECT 55. Submit upctatecl lanclscape plans for entire project to show compliance with all applicable regulations, intemal consistency, and to include the following changes to the landscape notes found on sheet L$1.00: a. Add, as specified in the "Grades and Standards for x Nursery Plants' Part I, 1963 and Part II, State of Fiodda, Department of Agriculture, Tallahassee to the end of note' 1. b. Remove the word, "No', fTOm the beginning of note number 19. [Land Development Regulations, Chai3ter 7.5, Article I!1 - Central Business District Landscal~e Code, Section 8.] 56. For subsequent permit application, provide sheet A1.01 (lighting detail sheet) and a photometric plan to verify that illumination levels meet Chapter 23, Article II, A.1 and CI~D landscape code. All types of lighting fixtures (wail, bollarcL1, ~ paddng lot) shall x be anan3Y efficient metal halide. The overall height of the parking ama fixture shall not exceed 16 feel All poles, fixtures and other site amanitles shall be of a grade and quality that will withstand waterfront/marina envimnmant and shall be consistent with Visions 20/20 Redevelopment Plan mcommen~. [Chapter 7.5, Articte III - Central BUsiness Dlstdot Landscape Code, · Section 8. A. 7. a, b, ¢ and d and 8. a, b, ¢ and d and Design Guidelines of Boynton Beach Central Business District page f~el, 2 and :3] " 5'7. Project shall provide a minimum of 505 'total parking spaces, including a minimum of 207 spaces that must remain open and unreserved for public use. MINIMUM NUMBER OF PARKING SPACES 'PROVIDED IN' x RIGHTS-QF-WAY IF GREDITED TOWARD TOTAL (As per development egmemant these spaces may be credited toward the on-site parl~i__ng .rKluim~ provided they am unmsewed and available for use {3~f the publlo.) 59 [I. and Development Regulations,' Chapter 2 - Zoning, Section 11. H. 16. e. (10), Section 6.E.4.b(1)(a), Section 11';H.16.d(3), and Secfi__on 11 .H.lS.d(1}] 58. The applicants application fee of $1,500.00 for original phase 1 and $353.28 postage fee regarding notification of adjaoant property owners, shall be paid prior to issuance of subsequent x permits or dedu~_~cl from the inc~__~tives for _~d_ministrative fees. Page I 1 Boynton Beach Manna 'la No.: COUS 98-008 -- DEPARTMENTS " INCLUDE I REJECT 5iL The applicant shall al~ply for and be issuacl an environmental review permit 'prior to receiving an occupational Iicens® to sell gasoline. [t. and Development Regulations, Chapter :2 - Zoning, x Section 6. E. 1Al 60. The applicant will dedicate an easement to the dty, the land shown on the plans as the north portion of the cul-de-sac located near the east end of Casa l.oma Boulevard. Prior to obtaining signatures on the document and recording the easement document in Palm Beac~ County, the applicant shall submit a copy of the appropriate document to .the city for review. The x document shall include, but not be limited to, the developer purchasing, Installing and perpetually maintaining the .. lmlamvements. 61. Applicant shall comply with all requirements contained in ~e development order and revised development agreement, prior to Issuance of permits (other than shell permits recluested prior to x approval of the development agreement) in a~=ardance with the deadlines set therein. 62. The mad will be constmctecl at a minimum elevation of ~=5"6"'. X 63. The dumpster enclosure requirements of the City Code will be temporarily waived for Two Georges Restaurant and Dive Shop x until Casa l.=ma Boulevard is completed, and compectars installed.. 64. Pursuant to note ~5 on the conditional use sea plan, all utllltlas am x to be placed underground. This requirement is mandated for CBD by Chapter 2 Zoning, 8ec~on 6.F_ Early coordination with utility providers is recommended. 65. Traffic study was. found defident by Palm Beach County. Revise Performance St=ndards. City must poaseea confirmation from Palm Beach County. 66. Submit all outstanding documents required for the conditional usa site plan including color samples and codes, ~ fixtures and other details and landscaping plans for ~e oricjJnal phase 1 to x show consistency with rarnalnincj portion of sits plan. 67. Provide additional right-of-way along west side of NE 6~ S~reet to provide let~ and right turn lanes with storage capacity to offset x traffic impact by apartment building and to provide efficient circulation. Expansion of right-of-way to be done with the mutual , P.g¢ 12 - Boynto~ Beth Mm-'m~ File No.: COUS 98-008 ' - DEPARTMEN'I'~ " INCLUDE { REJECT unclerstancling that expansion may I~e in exchange for loss of minimal parking spaces. This r~quimment may be waned if magnitude of spaces to be lost am unacceptable to the city. and if traffic analysis justifies maintaining roadway as curmntty proposed (formerly ~35~. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS ADDITIONAL CITY COMMISSION CONDITIONS 69. Revised 8/11199 4:45 pm MWR/dim LEFT [NTEN'FIONALLY BLANK INTENTIONALLY LEFT BLANK EXHIBIT "]" _:. INTENTIONALLY LEFT BLANK EXHIB~ "K" April 9, 2003 Mr. Qui,ms Greene Development Director City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 38435 Re: Max4n~ Village at Boynwn Beach Dear Mr. Greene: We represent TRG-Boynton Beach, Ltd. ("I'RG"), the owner of the property bein~ developed as Marina V, i11Age at Boynton Beach. As you are aware, a previous owner of the subject property entered into a Second Revised Development Asreement dated June 6, 2000 ("AKreement"), with the City of Boynton Beach, Florida ("City"), relating to the development of the property bein~ proposed at that time. The A~reement has become obsolete due to the fact that the development contemplated by the Affreement did not occur, and the deadlines for completin~ those develdpm~fft obligations were never met. In previous discussions with City officials regardin~ the Agreement, a consensus was reached that the eimi~g and development of the subject property be/ng proposed by TRG is substant/ally different than the timing and proposed development contemplated by the Agreement. plnR-~9-2~3 11: 52 P' ~ ~.int'us Green~ Ap~_l 9, 20o,~ P~e 2 Accord_inftly, TRG requests that the City Commission take appropriate act, ion to ~erminate the Agreement as a matter of record. Such t~rmination should be expressly conditioned on the sumval of the matters set forth in th.~ letter from James A. Cherof, City Attorney, to The Related Group and AERC of Virginia, Inc., dated December 30, 2002 (copy attached). If possible, please schedule this request for City Commission consideration at its meeti~ on April 15, 2003, at which other matters relating the proposed development of Marina Village at Boynton Beach will also D~ considered. Thank you for your cooperation, Sincerely, ·~ Holland~ ___---- Encl, cc James A. Cheryl, City Attorney (w/encl) FTL1 ~75 ~ December 30, 2002 Via Hand Delivery The Related Group AgRC of Virginia, Inc. Re: Request for Estoppel Izd'orrna~on/Mafina Village Geatleman: The City ha~ received the December 30, 2002 written request of The Rela~ecl Group and AERC of Virginia, Inc. for an estoppel letter detailing the amounts spent and unspent by the City of Boynton Beach under the Second Revised Development. More specifically, you have asked' the City: Specifically, please confirm that $39,424.22 have bean rp~nt on behalf of City water and se~er fe~s, which are credi~ which run with the Project and are trtmsferable to a successor owner of the Project and shall survive any tertninatton of tire Development dgreemen~ Res'ponse: The City baa paid on behalf of the Developer $13,570.99 for retail commercial wat~' and sewer impac! and connection fees, $25,853.23 for restaurant water and sewer impact and connection fees. The~e fee~ are trmsferable to a successor owner of the Project and shall survive any ternaination of the Development A~-ement. In addt'~ please confirm that $162,$00 have been spent towards City, State and County permit fe~, and please confirm the portion of thi$ atnount which was pald to the County for impact fees, and the City shall cooperate with the developer and support with the CounO: a successor ownerJs credit for thee fees. AI~o, please confirm that the City Commission shall consider ets a policy decision giving a successor owner of the Project tt credit (which credit shall sur~ve any_ter~__tttion of the Development Agre~tnen0 against future permit fees for the portion of this amount which was paid to the City, and please confirm that amount, ~nd City staff shall favorably recommend #uch actio~ Response: The City has paid: To Palm Beach County, on behalf of the Developer, $122,688.85 ~ road impact fees and $n.802.91 in public builctiag £~es. It i~ the City's understanding that under County To ~ ~e of Flofi~ $138.70 m BAC~ ~d ~I38,70 for ~on p~t f~. Confi~a~on of ~f~abiliU shoed be ob~:d ~m ~e S%ate. To ~e CiU of Boston Beth $34,726.38 for buil~g ~f~ble. No ~d is avalable for voided Also, please conftrm that no other amounts have been spent by the City or are due and owing under the bond or th~ Development Agreement other than those set forth ahoy& Response: The City has eXpended $201,919.76, which includes the amounts show~ above. The project is encumbered by a City lien for the total incentive package of $770,328.00, less $407,380.00, which is secured by bond. Please confirm the City shall accept a sub~'ute bond in replacement o/that currently held by the City from a successor owner, and return the existing bond to A~ERC. Response: Yes. I trust the foregoing is r~omsive tO your reque,st. All issue of further adjustment, modification, refund or waiver are re,served to the City Commi.,tsion, CITY ATTORNEY Ca/de, elopme~mm'ma ptoj~'E,l~l La' TDTPL P. 05 -~- F'. Martin Perry & Associates, P.A. F. I~d~Tl~ PEIUW 1645 Palm Beach Lakes Blvd. TEL£Pm>N£ t~l) SUSAN L TAYLOR Sult~ 1200 FAX (~ ) May S, 2003 -! 92003 DEPARTMENT OF DEVELOPMENT J~mes A. Cheraf, Esq. Via F~.simile: 561f742-6054 City of Boynton Beach 954r/'71-2943 100 E. Boynton Beach Blvd. P.O. Box $10 Soynton Beach, FL 33425-0310 ~'s Re: Two C-morges Restaurant vs. City of Boynton Beach Case No. CL 99-8,~5 AG Dear Jim: As you know, this firm represents DSS Properties, Ltd. and DSS Management, Inc. d/b/a/ Two Georges Restaurant. I have bccn advised that the City Commission recently approved the Major Site Plan Modification submitted by the Related Group for the Boynton Beach Marina project. As a result, my client requested that I review the proposed modifications as they relate to parking, to determine whether the proposed modifications are consistent with the Court approved settlement of the above case. I have concluded that the current parking modifications do appear to ignore the terms of the Mediation Agreement. For your convenience, I am attaching copies of the Amended Mediation Agreement, dated June 12, 2000; the Court Order. dismissing the case and retaining jurisdiction to enforce the Amended Mediation Agreement; and portions of the Second Revised Development Agreement, recorded on August 28, 2000 at ORB 11980, PG 492, Public Records of Palm Beach County. The Amended Mediation Agreement clearly contemplated amendments to the Development Agreement such that it would be consistent with the settlement among the parties. The resulting Development Agreement, the Second Revised Development Agreement, provides, in part, that: · 7. DEVELOPER shall provide a minimum of 505 parking spaces, 207 of which mu~t be open and unre~4rved for public use (Of these 207 spaces, 59 are on Casa Loma Boulevard and N.E. 6"' Street. The City is granting to the Developer the use of these 59 public spaces as a credit toward his obligation of 207) .... ' Ernohasis added. James A. Chet:-o.f; Esq. May 8, 2003 Page 2 of 2 The foregoing paragraph of the Development Agreement also contains a footnote referring to the August 1999 City Commission hearing, during which the parking issues were extensively discussed and the Commission voted to approve the above parking arrangement. I have reviewed of the minutes from the April 15, 2003 City Commission meeting and the resulting conditions of approval for the Developer's current site plan. I have not yet been able to review full size plans showing the parking arrangement; however, it appears that the resulting approval does not specifically require the developer to leave spaces open and unreserved for public use as is required by the Development and Mediation Agreements as previously stated herein. If I am incorrect in this regard, please provide evidence to the contrary. The minutes of the meeting reveal that parking continues to be a significant concern to area businesses and City residents. My clients are also greatly concerned about the lack of available public parking for their customers. Of additional concern in this regard is that the developer has apparently requested that the existing Development Agreement for the project be dissolved. My client strenuously objects in that dissolving the Second Revised Development Agreement violates the requirement in the Amended Mediation Agreement that the Development Agreement be consistent with the settlement among the parties. Therefore, I hereby request copies of all documents related to the developer's application or request for a hearing on this matter and further request that I be notified of any meetings or heedngs in this regard. As you know, the Court has retained jurisdiction over the enforcement of the settlement. We are hopeful that we will not have to resort to re-opening this litigation; however, my client has grave concerns that the project, as proposed, will detrimentally affect the parking available to its customers. Please call me as soon as possible to discuss this matter in greater detail. Very truly yours, 8ill $c~gs, Jr. -via facsimile: .~1/620-8~ 8~ ~tev® ${mggs - via f~imil®: 301/208-8037 TOTP~. P. 02 .. IN THE ClR~ COURT OF THE ..: FllrI'KF, NTH JUDICIAL CIRCt~ OF ' FLORIDA, IN AND FOR P,~ r.~I BEACH --' COU1VrY, CIVIL ACTION DSS PROPERTIES, LTD. and DSS t'dANA~~ INC. D/B/~ TWO GEORGES RESTAURANT, CITY OF BOYNTON BKAC]~ ~~_.. Defendant. ED [~KDIA'I'[ON AGRE NT WHEREA~, on April 3, 2000, th~ pmie~ hemo met to media~ their diR'et-~¢e~; ~, t~e parties hereto hav~ re~h~ m a~nent ~nd desfl-e to set forth ~e t~rtrts u~on which the a~'eement has been t'e~bed. NOW, THEREFORF,, D.S.S. Propert~ Ltd., and D.S.S. Man~ern~nt, Inc. d/b/a Georges Resmur~t, ~er relent.- -- ,-- -- . .... "Ctt'y", ~ ~ as follows: c..tty oymon each, ~ ~f'm-~l to City or City st~ (as t~e contezt dic~t~s) will: (~) ~ to the City Co-~-~on th. abandonment of ~ Lon~ -- the "'-- y wo Georges tnk.s tttle ~ pt'op~ ~,d Co) t'~.~mmend to tl~ Cky ~on d~elopm~nt ~-eet. n~ (¢)'~vely approve the use ofsu~c/~t compact car ~pace~ to mice up ~or t~e Joss of four paddag spaces due to tamps to be consuuctcd ~'om ~. Casa Loma Boulevard to the Two Cmorges' property;, aud (cl) .adminisU-atively approve two curb cut~ for ramps.to accc~ the Two Georges · ~nd Hall preperty. 2. .R_eco. mmend to th, City Co..m~. 'on tdm it ,,i,-,ir,,,,, tho,, portiom otth,' acve~opment ~ent peruining to public Hghts ofaccc~ to Casa Boulevard and the area re£crred to as the Casa Loma Overlook. all elev~ ,~,,~,.,.eq,aaa,a u U~.a U~_ mare cumn8 room lloot to ..... on o.f.47 feet NVGD as weal as conduction ora new "chickee- roof t replace tile e~.~n "chi " . o ob:_~_- ._., 8 ckee mot_ ~ and/or Cit7 stafl'wi~ warve their orior m~ry ems on other ~ raised by sta~relazive to the at~plica~oa ~ovemme=al em/t/e~ w/th jurhd/ction over t~ uae of aa-, area. 5. Recormi~-_ · · -~_~.-_[._~[[_[;-,~m......~ ~ operation ofrwo Geor~ Rc~aurmt, marlin, and ~ ~,-,,,,,,um~ non-coutOmd~ ~ Two Ckorge~ ~ for pu~se~ ofcrab~ the ~,,,,~ts of the v~lid legal "~'"'~"' e'mm~ on the ~x lc~ owned by Two Geor~ sou~h ofOccm Boulev~ oge-aion or ~ ~ tail to use the off-site 7. Ir'and only if Two C, em'gea can obtain permitting to build aa up to 2~00 square foot deck ~ all ~ a~nciea, including the City, with jurisdic~on over paddng, the~ it maybe ~atistied wi~h the ptovi~on of the specified number of pa-king spaces on the lots south of Ocean BoulevsnL Th~-~ provision may only be 2 used for the construction ora d~k and may not bc craiit~ a~inst other proposed u.se~ on the site. ?. 8. Not obj. ect to the use of the vaca~ portions ofTwo CTeorges or Hall,s pmpm. y for o_~.~.g o.f valet .parking. City recogz~ thai Hall's drift: fishing (one boat only) p on ~s a valid legal grandlra:her non-conforming use. litisaCion ~. ,,,,, ,,z~r~ran to me (~te of m~,,g the dismissals of Crarcia will: oa th~ ztt~h~i drawing, whic~ ez~m~ ~ not ~t ~c~ ~ ~ attar campletiou of the ahamioument of Casa Loma Boulevaug ~he couveWaace of dg~ts set for~ herdn m ~he e~on of Boyumn Beach Boulevard to the east, ~d ~__.amemim~a to the development aSreemmt betweeu C,-a~ia and the City, 2. Will coopera~e with each other in the fultillmmt of this a~,eement md Two Georges wii/not obj~ to my developmm~ comdamg with ~ a~emmg. 4 /J~ ~ ~ ~N TIlE C.~qT COURT Of-' THE ~< ~UDI~ C~CU~ OF ~ORIDA. ~ AND ~R  B~Cit COL)~FY. CIVIL A~ON C~E NO. ~L ~.8~05 AG DSS PROP~. L~. ~d ~ MANAG~E~. INC. D/B/A ~~ lh~ ~O GEORG~ R~AU~. ~ v~. ~iaiffs. Illlllllllllllllllllll ~is u.~ ~ ~'~re t~ C,mn ~m ~ ~t~' ~ubli~ for V~un~v=~~Wilh ~, i~ ~ ~c~ ,~'~ ORD~ AND A~ Ihal t~ ~' S~a~m ~ ~. ~m~. ~ ~t ~his . .~. ./ . . P~r. ~L~ C~ r~i~ ju~i~ to ~f~e ~ ~e~ M ~ ~' A~ Medin~n J~l ,~ T~. ~. G--.~. l'.ulij. Hoff~~f. R.n, ~ld. P.A.. 777 N~ E. ~. ~;-i~S ~lm ~a~* l~t~ ~te¥~. Su~ I~1 ~n ~. FL 3~01 (~ corn~e~on of ~1 of the imp~efl~ d~i~ (~ DEV~OPER giving wfiflen ~tice ~ the Ci~ of ~do~enl of the 81TE P~N. It is ackno~edged ~at minor m~E~lions of the Sl~ P~N or e~ansions of the PRO3ECT. approved by ~e CI~. sha~ ~t ~ d~med an abandonment. g. ~ DEVELOPMENT USER ~. ~: ~e f~g use~ have been ~ov~ by the Ci~ ~mm~on: ~ ~' O 2g.302 s~e feet of ~o-~o~ offic~re~ ~ ama. ~"~ Two pubffc restau~ts ~th a ~m~ ar~ of 12,830 s uam f~t.  of 8oynton 8ea~ for Point. anne Pm~ pu~. 5. A ~it ~[~en~l apa~ent ~dhg of 8 s~des  eet he~ ~ ~m then ~ ~4~en~ai unb. pm~e f ~n~m of 505 ~9 ~ ~ of whi~ ~st ~~ ~ m~ for ~bl~ un ~a~s. 59 are o~.~a B~I~ ~d N.E ~ ~. The City . g.n.ng to ~e ~~:~ use ~ these 59 pubac sp~ as ~it -~,/- from met~ ~ pm~i~ m~ons on ~ pa~fng spas e~ ~ an Agr~ment wire ~t~ ~ Ci~ dght~f-~ D.4.~(2) thc ~w Con.ion r~uc~ ~ requi~ public ~B sp~ ~o ~7. ' - 5 u /oo TOTal_ P. ~e IX. - CZTY MANAGER'S REPORT CITY OF BOYNTON BEAC ri'EM C AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: To authorize the Urban Group to move forward with land acquisition for a NE Fire Station site as per the intent of the frre assessment capital improvement project (maps attached). EXPLANATION: Staffhas evaluated several potential areas that may facilitate reduced fire response times in the NE section of the City and that would satisfy the operational objectives of the department. After an exhaustive review, two sites are presented for consideration. Site # 1 - Any of the four comers at the intersection of Seacrest and Gateway Boulevard. Site #2 - High Ridge Road just South of Gateway Boulevard and West of Interstate 95. PROGRAM IMPACT: A Fire Station in the NE section of the City is consistent with the original stxategy for improved emergency fire response and back-up coverage in each of the City's four quadrants. This component of the assessment program ensures reduced response times citywide. FISCAL IMPACT: To be determined based on which site is selected. The cost of property is estimated to be from $603,958 to $954,252. The total cost of construction is dependent upon the selected site, and is estimated to be from $2,008,958 to $2,645,615. These cost projections include relocation expenses, if applicable. ALTERNATIVES: 1) Direct staffto continue looking for an appropriate Fire Station site elsewhere to accommodate the citizens in the NE section of the City. 2) Hold acquisition for property for NE Station at this ti~ae.} ~'"} Department~Iead's Si~ure l- C~ Manager's Signature Department Name City Attorney / Finance / Human Resources S 5BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC O - IX. - crrY MANAGER'S REPORT -. CITY OF BOYNTON BEA( ITEM D AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17. 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31. 2003 (Noon) [] June 17, 2003 June 2. 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Follow-up on proposed purchase of 5.5 Acre Florida Inland Navigation District parcel on South Federal Highway (Jaycee Park Parcel). EXPLANATION: On June 20, 2003 Mayor Broening and City Manager Bressner attended the FIND Board Meeting in Cape Canaveral to present the City's offer of $2.2M for the purchase of the property. The FIND Board rejected the City's offer at that meeting and requested that the FIND Executive Director, David Roach continue to work with the City and other interested governmental bodies for the possible purchase of the property at a higher price. The City has received a letter dated June 27, 2003 from Mr. Roach outlining a possible purchase cost that would be in the range of $3.6M based on an agreement that the City would allow some water-based recreation amenities to be constructed on the property. FIND has taken notice of the City's past opposition to the construction of boat launching facilities on this property. FIND has agreed that "day docks" could be considered by FIND as an acceptable alternative to boat launching facilities. FIND has also suggested in their letter that they would be receptive to the District or City selling development rights to part of the parcel. The City. Commission will need to make a decision as to whether this is something we wish to consider since this is a new alternative, heretofore not addressed. PROGRAM IMPACT: The property has been identified by the City of Boynton Beach as a valuable open space area offering an unencumbered view of the Intracoastal. FISCAL IMPACT: The City's Offer of $2.2 M was based on no participation by Palm Beach County. The County initially indicated a desire for bgat ramps on the property. If the County agrees with FIND to accept "day docks", it is possible that additional funds from the County's General Obligation Bond Fund would be available. Staff cannot recommend an expenditure of more than $2.5 M from City funds ($2.2 M toward purchase and $300,000 for site improvements.) ALTERNATIVES: Abandon the project. FIND will sell the property by auction for development purposes. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORMDOC FLORIDA INLAND:N/ I A tON DI .... June 27, 2003 ~. , ,-. ,~ o ~.~- _- Mr. g~rald Bro~m~, Mayor COMMISSIONERS Ci~ of Boston Beach P.O. Box 310 Boston Beach, FL 33425-0310 ~J~.o~a~ cou~ D~ Mayor Bro~g: ,~a~c~ ~: Jaycee Park Prope~ GRAYCE ~ 8ARCK ~n~ ~o~us,.c~.~ I w~t to ~a~ you ~d Mr. Bressner for a~en~ng ~e Dis~ct's recent a~[~ ~ Board of Co~issione~ meeting concerning ~e referenced subject. I SECR~A~ ~RT,. cou.~ thought that your presentation was well received. 8~OWA~D COUN~ ~n~m ~. no~ As you ~e aware, the Disffict's Bo~d voted to reject ~e Ci~'s offer of ,~,~ ~,~ cou~w $2.2 ~llion to purch~e the prope~ but did direct stuff to con6nue to ~ ~-~s*~a~ negotiate wi~ ~e Ci~ on this sale. In ~at regard there w~ discussion ST. ~O~NS COUN~ ao~n ~. ~ of other ways ~at ~e Ci~ could provide a higher purch~e offer for the ~,~uc,.cou~ prope~ including ~e abili~ for ~e Disffict or ~e Ci~ to sell the ~,e~c ~. ~ development fighm of ~e p~cel. ~e Dis~ct is willing to explore this OUVAL GOUN~ 8REVARD COUN~ ~o.~ ~ ~v~.A~. As [ have p~eviousl7 discussed with ~r. ST. LUCJE COUN~ willing to acc~t a purch~e offer less than ~c average of our ~o appraisals if public usage and wate~ay access w~ ~amnteed by the Ci~. We unde~md your position relative to a boat rmp but having a OAV~ ~"O~C" p~sivc p~k wi~ a tempora~ tie-up dock so boaters could access the ~A~ *. eao~ p~k for picnic~ng, utilizing the res~ooms, etc.. would be of interest to ~SSISTANT EXECUTIVE DIR~T~ [ ~ould ~ficip=tc ~c ~mount of discount ~o~ ~s ~c of proposed usc would bc do~ to ~c lowest =ppmisal value. ~is would in essence provide a sale ~scount bc~ccn approximately $400,000 and $900,000. As thc Dis~ct's ~oal is misc ~cvcnuc ~om ~s sale, wc view this discount ~ si~ific~t. ADMINISTRATIVE OFFICE ON THE tNTRACOASTAL wATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD. JUPITER, FLORIDA 33477-~498 TELEPHONE 561-627-3386 FAX NO. 561-624-6480 www a~cw org Mayor Broening Ltr. Page Two. The District remains open to the negotiation process, purchase price, and the sale terms. Please review this matter and then contact me in the near future to discuss the options to make this sale to the City happen. S inc~r.~ly~._~ ~ ~-~ David K. Roach Executive Director Cc: Commissioner Booth The Cit j oj Bo lnton Beach OFF[CE OF THF. CITY :~Iayor Gerald F Broenmff Vice Mayor Muir C. Fer~tl$ot~ Commissioner Ronald We/land Commissioner ~fack :P[cCra~r Commisszbner Carl :~[cKoy l O0 E. Boyn~on Beach Boulevard P.O. Bo.¥ 310 Boynton Beach. Florida 33428'0310 City Manager's O£fice: (561) 74£-6010 F.~: (56~) 742-6011 ~. boyn ton -beach. or~ Statement by Mayor Gerald Broening to Florida Inland Navigation District Board of Directors June 20, 2003 Good afternoon, thank you for accommodating the City of Boynton Beach on a very busy agenda. I know you are probably tired and I will get to the point. My name is Gerald Broening and I am Mayor of the City of Boynton Beach. I have been Mayor since 1999 and will be leaving office, with regret later this year due to term limits. With me today is Kurt Bressner, City Manager for the City of Boynton Beach. We are here to discuss the FIND Parcel MSA 638B that we call Jaycee Park. The property is a 5.5-acre parcel of vacant land, which offers public access to the Intracoastal Waterway. Jaycee Park is one of very few parcels open to the waterway in this part of Palm Beach County. We have enjoyed the use of the property for a very modest lease cost since 1964. In 2002, you adopted Resolution 2002-02 for the disposal of the property and offered the parcel to the State, County and the City pursuant to statute. The offer letter dated August 19, 2002 from the staff of FIND cited an estimated fair market value of $2,200,000. The City responded to FIND by inquiring if a portion of the property could be used for a Fire Station. We were advised by FIND that it would be better to allow the 60 day offer period to lapse because the Fire Station use was not compatible with the statutory passive use. Mind you, we are not complaining because we also received consideration from FIND staff when the City asked for and received Palm Beach County support to place the purchase of this property on a bond referendum for November 2002. $1,000,000 of the County Bond issue was to be allocated to the purchase of this property. We were delighted when the bond issue passed. In early 2003, the City Commission opted not to pursue the development of a portion of the Jaycee Park property for a Fire Station. We did so for two reasons. First, the residential properties north and south of the Jaycee Park property were opposed to a Fire Station at this site. Second, the City found a better site north of Jaycee Park, which is closer to a majority of the fire calls. This brought the-3aycee Park parcel back to its original state, a passive open-space area with a wonderful view of the Intracoastal. Recently, the City learned that the County and possibly FIND desires that the Jaycee Park have boat ramps constructed as a condition of funding assistance. The City Commission discussed this option at a City Commission meeting of May 20, 2003 and expressed the opinion that the introduction of boat ramps at Jaycee Park was not in the best interests of the City. We had previously communicated our concern about the installation of boat ramps at Jaycee Park on August 6, 2002 when the City Commission discussed the possibility of including the purchase of Jaycee Park in the 2002 Palm Beach County budget. At that time we noted the possibility of boat ramps by the following statement in a letter to Palm Beach County, dated August 7, 2002: "This is one of the last open views of the Intracoastal available along Federal Highway. Please note that active recreational use on this parcel may be difficult to achieve based on neighboring property owners' interests. If there is an interest in using the property for boat launching facilities, a significant amount of public engagement will be needed." So, here we are today, with an offer of $2,200,000 from the City to purchase the property. Our offer is not contingent of receiving County funds. Our offer is to purchase the property and preserve it as open space. This property is valuable as open space and water recharge area, not as additional development. We are aware that the "fair market value" in 2003 is higher than the $2,200,000 offer. Your appraisals assume development but our offer if accepted, assures preservation. As noted in the City Managers offer letter to Mr. Roach dated May 28, 2003, we are prepared to put restrictive covenants on the property to preserve it from development. 2 America's Gateway ~o ¢]~e Gulfstream Our Suggestion': If your legal staff feels that we must offer the appraised "commercial best use" value of the property, please consider tabling rejection of our offer so that our staff and FiND staff can analyze this situation more carefully. There are other opportunities for boat access to this parcel that we are willing to explore. These include possible day dockage or other amenities. Our objection is simply the boat launch facility that will convert much of the green space area into a sea of asphalt. We already have a major boat launch facility in Boynton Beach located two miles north of Jaycee Park. Boat Club Park has capacity for 130 on-site parking spaces for boat trailers and 25 on the adjacent street. Boynton Beach has done its part for boat launching facilities and we prefer to keep Jaycee Park as an open space area, protected from development. A second option that you may wish to consider is to "turn back the clock" on this property and rescind the 2002 Resolution declaring the property surplus. The FIND Board may then either keep the property in its present state or re-adopt the surplus property resolution. This time, the City would exercise an option to obtain the property with the statutory restrictions on open space in place. Thank you for listening to us and for the courtesy extended by your staff to ours. We appreciate the partnership between FIND and our City. We hope we can get to "yes" on a very important parcel of property. jc The City of B_oynton Beach ' I oF~CEod r.E RECEIVED- P O. ~x 310 ~yn~n Beach. Florida 33425-0310 ~AY 2 ~ 2~ City ~)[~ager ~ O~ce : (561) 742-6010 F~: (5~1) 742'~011 MANAGER'S OFFICE www. ~vnton-~aeh. org May 28, 2003 Mr. David K. Roach Executive Director Florida Inland Navigation District 1314 Marcinski Road Jupiter,, FL 33477-9498 Re: Purchase of FIND Surplus Property Known as "Jaycee Park" Dear David: At the Boynton Beach City Commission meeting of May 20, 2003, the proposed purchase. of the subject parcel was discussed. As promised, I indicated that the City would be in a position to make an offer of purchase for the property. Based on the discussion by our City Commission, I have been authorized to offer the sum of $2,200,000 for the purchase of the property. I would appreciate your conveying this offer to your Board of Directors at your earliest convenience. The City will be working with Palm Beach County on an intra- local agreement for the bond proceeds. It is possible that a portion of the funds will come from the bond proceeds. However, this will be between the City and the County on a reimbursement basis with possibly some of the County funds being used for recreation site development purposes. The City Commission is not supportive of the construction of boat ramps for the property, therefore, the City will not be applying for any funding from FIND for this purpose. Our preference is for the property to be passive open space and a water recharge area. We believe this falls within the statutory definition of the perpetual use of the property for such purpose and the City is willing to place a deed restriction or other encumbrance on title to preserve the property fo~: open space. For this reason, the City Commission believes the "fair market" value of the property as provided in the appraisals you supplied to the City is not "on point" as these appraisals were based on the assumption of the properties being developed for residential or commercial uses. We believe this would be unfortunate and respectfully request that FIND seriously consider the City's offer. David Roach May 28, 2003 -- Page 2 I have enclosed copies of the City Commission agenda item from the meeting of May 20, 2002 for your information. Sincerely, Kurt Bressner City Manager cc: 'City Commission County Commissioner Mary McCarty Dennis Eshleman, Palm Beach County Parks County Administrator, Robert Weisman Wilfred Hawkins, Assistant City Manager CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be 'l'urned ~ in to C/tv Clerk's O~ce ~ in to Ciiv Clerk's [] April I. 2003 March 17. 2003 tNoon.~ [] June 3, 2003 May 19, 2003 [] April 15. 2003 March 31, 2003 INoon~ [] June 17, 2003 June 2. 2003 (Noon~ [] May 6. 2003 April 14, 2003 (Noom [] July I, 2003 June 16, 2003 (Noonj 15~ May20, 2003 May 5, 2003 (Noom [] July 15, 2003 , June30, 2003 [] Administrative [] Legal NATURE OF 1-'] Announcement [-~ New Business AGENDA I. TEM [5~ Ci~ Manager's Report I-'] Presentation [] Consent Agenda [~] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Discussion of offer to Florida Inland Navigation District (FIND) for purchase of 5.$7 Acres Parcel of leased property called Jaycee Park (South Federal Highway between Seagate and Colonial Club). Suggest offer of $2.2M as noted below. PLANATION: In 2002, the City was advised by FIND of the necessity to sell the subject property. The City notified · ,ND of potential interest in the use of the property, for open space purposes. A previous staffproposal to include a fire station on the property was opposed by the surrounding property owners and was not supported by the City Commission. The current proposal is for open-space and recreational uses. The City Commission has informally advised staffthat construction of boat ramp facilities at this property is not desirable or appropriate. Official confirmation o~'this position by the Commission is requested. PROGRAM IMPACT: The purchase of the property, and preservation of the parcel will retain open space along the lntracoastal Waterway for public use. FISCAL IMPACT: Current appraised value for the property per FIND is benveen S3.6M and $4.2M based on appraisals provided by FIND to the City earlier this year. Staff believes that an offer less than the $3.6 M is appropriate, especially ifthe property, is to be kept as open space and a conveyance from FIND could include a covenant or other type clause if'the property is used for development. Therefore, staffrecommencls an offer or $2.2M. This is the amount originally proposed by FIND in August 2002. Funding for the project is proposed as follows: City: $2,200,000 from Utility Reserves to be refunded when the Commission authorizes the Capital Improvement Project List for the City (currently being finali~i). Of this amount. $1,000,0000 would be reimbursed from Palm Beach County open-space and recreation bond issue approved by the voters in November 2002. - The estimated annual O&M for the property, is: $20.000 ALTERNATIVES: Notify FIND and the County that the City is not interested in pursuing the purchase of the property.. FIND would be free to sell the property to another public or private entity.  use project. If sold to a private entity, it is likely the ucpartment Heacl'~ Signature S:\BULLETIN~FORMSkAGENDA ITEM REQUEST FORMDOC - - 'FLORIDA INLAND NAVIGATION DISTRICT - Augt~?t 19, 2002 Mr. Kurt Bressner, City Manager City of Boynton Beach ~ AUS ~ I ~[~ co~ss~o.. P.O. Box 310 Boynton Beach, FL 33425-0310 CATHLEEN ~ v=~.Dear Mr. Bressner:. ~~.~u~ RE: Surplus Lands for Recreation and/or Conservation in Palm Beach '~'~ County ~q~Y~ K. BAR~C TREASURER ~.~c~, ~L~c~d ~s Dis~ct ~oZu~on ~o. 2002-.02 wMch ~L~.oY,~o property within Palm Beach Couaty surplus aad ia a~cordanc= ~=,~ Q?4.~.s.4(6)(g.), vs. r~i= t~ t~ ~pmy ~ ~t~ .. ~..~.~ mr publw ouKloor rec~oll or coll~ervafion purpose~. ! have attached a ,o~,p.~oN~ location map, lelal description, and sim map of the prop~y. The ~.c~-~ property is offered for purc~e at our esfimami fair market vaiue of ~"~" $2,200,000.00. The actual sale value will be ~tablished by two e. Nrm ~..om~ market value property appra/sais made by MAI appraisers selected by the .~..~..c~ District. :HARLES A. PAOff~lA ~. ~ ~o.,~o,o. The Distric~ hopes that the City can purchase this property for dual use as ='"~ a public park and for a fire station. We look forward to working with JOHN O. BOOTH ~,.~c.~cou~ you and your staff concerning this purchase. Please contact me should .you have any questions concerning this matter or if your agency is interested in purchasing this property. Executive Dir~r AOMINISTRAllVE Ok'lq(~ ON ~ ~N'rlqACOA~rAL I~T~RWAY tN PAl. bi B~ COUNTY ~314 IdARCII~KI ROAD. Jl.~il~q. l:U~RIOA33477.G4eI 'r'~.EPflONE :5SI-~27._'~__'~1_ FAX No. _~61.~24.16480 XI. - NEW BUSINESS ~ ~. CITY OF BOYNTON BEA ITEM A. -- AGENDA ITEM REQUEST ~v~ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Oil']ce [] April I, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Authorize designation of Commissioner Carl McKoy as voting delegate to the Florida League of Cities Annual Meeting, August 14-16th. EXPLANATION: It is recommended that the City have a voting delegate for the Florida League of Cities. PROGRAM IMPACT: Will allow Boynton Beach to participate in the governance of the Florida League of Cities. Comm. McKoy is currently on the Board of Directors of the Palm Beach County League of Cities. FISCAL IMPACT: None. Comm. McKoy is scheduled to attend the meeting. ALTERNATIVES: Do not designate a delegate for 2003. Department Head's Signature ~r- ~Ity M'anager's~namre Department Name City Attorney / Finance / Human Resources 2 S:\BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC XZ. - NEW BUSINESS ITEM B. CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested CiD' Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meeting Dates in to CiW Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 tNoon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July I, 2003 June 16. 2003 (Noon) [] May 20. 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Review request of member of the Commission to modify the compensation level of the Mayor and City Commission. EXPLANATION: At the request of a member of the City Commission, this item is being brought forward for discussion. The current salary of the Mayor and Commission is set forth in Section 55 of the City Charter which reads as follows: Sec. 55. Compensation of Mayor and City Commission. Each member of the City Commission, including the member who serves as Mayor, shall receive a salary not to exceed three hundred fifty dollars ($350.00) per member per month. (Laws of Fla. 1947, Ch. 24398, § 21; Laws of Fla., Ch. 65-1268, § 1; Ord. No. 74-25, § 1, 9-3-74; Ord. No. 81-36, § 1, 11-3-81; Ord. No. 84-44, § 1, 11-7-84; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02) The last time the salary of the Commission was changed was in 1984. Any change to the salary levels would need to be approved by the voters in the form of a Charter amendment. PROGRAM IMPACT: Higher salaries may have a positive impact on attracting interested citizens in serving on the City Commission. FISCAL IMPACT: Th~-increase in salaries, if approved would need to be included in the City Budget. The amount is undetermined depending on the amount and timing of the proposed increase. ALTERNATIVES: Do not change the salary levels at this time. /,,~,~1 _ ,., Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC . XI. - NEW BUSZNESS ~ ZTEM C. CITY OF BOYNTON BEA£ -° AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetimz Dates in to City Clerk's Office Meeting Date~s in to City Clerk's Offic_e [] April 1,2003 March I7, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16.2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Authorize Legal Staff to draft an ethics ordinance covering the City Comn'ussion, advisory boards and staff. EXPLANATION: A member of the Commission has requested staff research on ethics ordinances. PROGRAM IMPACT: Will require City Code to be amended to include standards and regulations. Some traimng and orientation will also be necessary. FISCAL IMPACT: Limited to the cost of ordinance preparation and research estimated to be approximately $2,500. ALTERNATIVES: Do not proceed. Department Head's Signature d~gnature Department Name City Attorney / Finance / Human Resources _ S:~BULLETIN\FORMS'OtGENDA ITEM REQUEST FORM.DOC XII. - LEGAL ._ CITY OF BOYNTON BEA¢ ITEM B. 1 AGENDA ITEM REQUEST FO vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 - Canceled June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing -~ [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the July 15, 2003 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission with a unanimous vote, recommended that the subject request be approved under Public Hearing on June 17, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03- ! 31. EXPLANATION: PROJECT: DiLorenzo Abandonment (ABAN 03-002) AGENT: Beril Kruger, Planning and Zoning Consultants OWNER: Nicholas and Carmela DiLorenzo LOCATION: 902 N. Federal Highway DESCRIPTION: Request for abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Block 4, Lake Addition to Boynton, and the replacement with a utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~~Lf. N/A ~~S De~l~6pment ]Department Dkector ignature Planning and Zonmg,f)'it~ector City Attorney / Finance / Human Resources S:XPlanning\SHARED\WP\PROJECTS\DiLorenzo ABAN~g~nda Item Request DiLorenzo ABAN 03-002 7-15-03.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-131 TO: Chairman and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Maxime Ducoste-Am~d~e Planner t"'-- DATE: May 28, 2003 SUBJECT: Abandonment of a 20-foot wide alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton (ABAN 03-006). NATURE OF REQUEST The applicant and agent for Nicholas and Carmela DiLorenzo, Beril Kruger, is requesting to abandon a portion of the 20-foot wide alley located between N.E. 8~h Avenue and N.E. 9~ Avenue. This request to abandon a public alley was submitted on March 6, 2003. This abandonment is for the following unimproved platted alley segment: A segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the street right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - A vacant parcel recently approved for an office/retail building (Schnars Business Center) zoned MU-L and farther north, N.E. 9~ Avenue right-of-way; South A retail c _ommercial building, zoned C-4; East A single-family neighborhood, zoned R-1-A; and West North Federal Highway right-of-way, and farther west, a vacant retail commercial building, zoned C-4. BACKGROUND In March of 1925, the Plat of Lake Addition to Boynton was approved. It included several 20-foot wide alleys dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion if not used as such. As such this clause is in favor of the original interest path/if any right of way is abandoned. Pursuant to Florida Statutes Sections 117.085, reversions contained in plats recorded prior to July 1, 1972 Page 2 ~,lemorandum No. PZ 03-131 " 'AN 03-006 would be extinguished if specific action were not taken to establish such rights on or before July 1, 1973. Under direction of the city's legal department, the applicant shall provide a statement confirming that such action was not taken, and providing assurance that, in the event that a future title issue arises from the abandonment, as it relates to the reversionary interest, the property owner shall provide any required defense of it at its sole cost and expense. The property located on the west side of the alley segment to be abandoned has been subject to several code violations from the City's Code Enforcement Division because of dumping in the subject alley. The applicant has the intention of vacating the 20-foot alley to consolidate it with Lots 24, 25 and 26. That portion of the alley segment once vacated, will be fenced to prevent future illegal dumping. The 20-foot wide alley as shown on the survey will be converted to a utility easement equivalent in width to the existing alley. When abandoned the lot/easement will revert to the adjacent property owners. ANALYSIS Pursuant to Chapter 22, Article 111, Section 4, public notice was given to the property owners that abut the right- of-way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities Approval with conditions (see Exhibit "C") Planning and Zoning No objection PUBLIC UTILITY COMPANIES FIodda Power and Light - Approval with conditions (see Exhibit "C") BellSouth - Approval with conditions Florida Public Utilities Company - No objection Cable Company (Adelphia) - Approval with conditions (see Exhibit "C") Cable Company (Comcast) - N/A RECOMMENDATION Staff has determined that the subject alley no longer serves a public purpose, and therefore recommends that this request to abandon the segr~ent of the 20-foot wide alley as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File S:\P~arlning\SHARE~)~Wl:~PROJE(~TS'~OiLorenzo ASAN 03-O02~la~f re~ort.~oc Location Map DiLorenzo ABAN 03-006 EXHIBIT "A" / PROPOSE'D ' ~i/ i / EXHIBIT B " ~'. // /ABANDONMENT [ / / ~'- I ' / ~ / L DCA r/ON MAP ROe rO ' ~ LOT 27 b BLOCK ~ ' ~ ~ BLOCK 4 ~ ~ ~or zs ~ BLOCK ~ ., RON R~ ] ~ON ROD ~g¢gNo: N.E. ~,r~ ~ VENUE ~ = CENTERLINE CONC.= CONCRETE ~' = WALL x ~ = CHAIN LINK FENCE ov~o ~r,ur~ u~ MAP OF EOUNDAP ~ ~.9. M.H. = SANITARY 5EWER MANHOLE AREA = 2.825 SQUARE FEET OR ~ ~EaY ~rFr r~r r~ survEY was u~oE 0064 ACRES. MORE OR LESS ~ uErrs r~ ~ rEc~Ac sr~ROS FEOOO ZONE: ~ ~r~xr~E C~. ~SuANr ro ~CT~ 472.027, FIORd, STaTurEs. PAU~ ~r v~ ~r ~ ~ ~ SURV~'~R ~ MAPPER ~5708 OESCRIPTION: L Y/NC EAST OF ANO ADJACENr TO LOTS 24. 25, AND LAND SURVEYORS 26, 8LOCK 4. LAKE AODIEION ro BOYNTON ~EACH, CERTFtCArE ~ AU[HO~ZAflON ~LSJSJ ACCORDING ~0 rile PLA [ THEREOF AS RECORDED IN PLA r BOOK I~, PAGE 71 OF ~H~ PUBLIC RECOROS OF SURVEYOR A~ ~A~R ~ ~S~E CHARCE; PA~ O. ENCLE PALM 8~ACH COUN rY, FL ORIOA. 260~ ~R~H FEDERAl. ~WA ~ OELRA Y (56I) 27~-450~ 732-~279 FAX 276-2390 MA Y 2~. 2002 " C EXHIBIT "C ~gi~eerin~ ~e~art~e~t West Palm Beach, Fl 33047 February 21, 2003 Bcril Kruger Planning & Zoning Counsultants 9 NE. 16TM Street Del.ray Beach, FI 33444 RE: Letter of Abandonment i.e.: Lot 24 thru 26~ Block-4, Lake Addition to Boyn¢on Beach, According to the Plat thereof as Recorded in Plat Book I I, Page 71, Of the Public Records of Palm Beach County, Florida. Dear Mr. Ka'uger: r.n reviewing your request on the above ref. project, Adelphia ( WPB )...has no objections in ~e abandoning of easement to the above legal description, as long as Adelphia faeilitie~ ax~ granted the proper easements. We have facilities on the north east section that require proper easements. Should you l~ave any other questions, please feel free to esL1 me at 1-561-656-8932 / Fax N~bers - 1-561-640-3996 / e-mail ~amucLggnzalez.~del~hia,¢om Sincerely, Adelphia Engineering Group " ' C" Florida ...t~.,: EXHIBIT "C" - Public _. Utilifies Company P.O. Box 3395 West Palm Beach FL 33402-3395 (561)832-2461 July 8, 2002 lvlr. Beril Kruger Beril Kruger Plannin & Zoning Consultants 9 NE 16th St. Dekay Beach, FL 33444 RE: N.D. Auto, 902 N. Federal Hwy., Boynton Beach, FL 33435 Dear Mr. Kruger: Ple~e be advised the Florida Public Utilities Company has no objection to the abandonment of the existing easement described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. Sincerely, cc' D.E. Pellico C.C. Canino ' .-. ~ ~' EXHIBIT "C" . .-.." @'BELLSOUTH 8ell$oulh Telecommunications, Inc. ENGINEERING DEPT. - RM. 107 2021 SO. MILITARY TRAIL WEST PALM 8EACH, FL 33415 July 11, 2002 Mr. Beryl Kruger 9 Northeast 16"' Street Delray Beach, FL 33444 " RE: NOTIFICATION OF UTILITY PROVIDER LETTER FOR ABANDONMENT OF ALLEY R/W N. D. AUTO, 902 NO. FEDERAL HIGHWAY, BOYNTON BEACH, FL Dear Mr. Kruger: BellSouth does object to the abandonment of the alley right-of way due to our existing facilities in said right-of-way. If you execute a utility easement document that encompasses our existing facilities then we will have no objection to the abandonment of the alley right-of-way. If you require any additional information, please call me at 561-439-9118. Yours truly, Michael F. Koenig Specialist- OSPE MFK:is .... ...,-- (,.,.. ..E!XHIBIT "C" August 5, 2002 Befit Kruge, Plaiming & Zoning Counsultants 9 NE. 16th :;treet Delray Beac h, Fl. 33444 RE: Legal D~scription: Lots 24 ti, u 26, Block-4, Lake Addition to Boynton Beack, According t. ~ the Plat Thereof as 1 ecorded h~ Plat Book 1 I, Page 71, of the Public Records ofl'alm Beach County, Forida. Dear Nh'. K, uger: Florida Po~ er & r :o'.., ' .... ~_,=:~, :x~s no ooject:ons m t?.e abandoning of easements to the above leg~ descril tioa, as long as Florida Power & Light facilities are granted the proper easements. We lmve facilities on the north east section of lot 24 that require proper easements. Cusitomer Project Manager EXHIBIT "D" Conditions ot~ Approval Project name: DiLorenzo File number: ABAN 03-006 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. The proposed replacement easement shall be no less in width than the X existing alley. 'The twenty (20) foot wide alley shall be replaced with a twenty (20) foot utility easement. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None : X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval -. DEPARTMENTS D4CLUDE REJECT Comments: 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all legal entities occupying said easement. PRIVATE UTILITIES Comments: 3. Adelphia has no objections to the abandonment as long as Adelphia X facilities are granted the proper easement. 4. Florida Power & Light has no objections to the abandonment as long as X Florida Power & Light facilities are granted the proper easement. Florida Power & Light have existing facilities on the north east section of Lot 24 that require proper easements. 5. Florida Public Utilities Company has no objections to the X abandonment. F.P.U.C. have no underground gas distribution located within the limits of the proposed abandonment. 6. Bellsouth objects to the abandonment of the alley right-of-way due to X Bellsouth existing facilities in said right-of-way. If a utility easement document that encompasses Bellsouth existing facilities then we will have no objection to the abandonment of the alley right-of-way. ADDITIONAL COMMUt'NITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: l. To be determined. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Dir'orenzo Abandonment APPLICANT'S AGENT: Beril Kruger- Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 NE 16th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 17, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. LOCATION OF PROPERTY: 902 North Federal Highway Boynton Beach, FL 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: 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 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 Applic.ant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 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 S:\P~anr~n~SHARED~WPtPROJECTS\OiLoce~'lzoARAN~)O.doc XD'. - LEGAL ]'TEM B.1 -- ORDINANCE NO. O 03 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF A 20 FOOT WIDE ALLEY, LYING EAST OF AND ADJACENT TO LOTS 4, 25 AND 26, BLOC 4, LAKE ADDITION TO BOYNTON, SUBJECT TO STAFF COMMENTS; AUTHORIZING EXECUTION OF A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTWE DATE. WHEREAS, the applicant and agent for Nicholas and Carmela DiLorenzo, Beril Kruger, is requesting the abandonment of a portion of a 20 foot wide alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public heatings have been held before the City's Planning and Development Board, the Community Redevelopment Agency, and the City Commission on the proposed abandonment; and WHEREAS, the 20-foot wide alley will be converted to a utility easement equivalent in width to the existing alley, and when abandoned the lot/easement will revert to the adjacent property owners; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF YHE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The' foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of a 20 foot wide alley, lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton subject to staff comments, which will be converted to a utilities easement equivalent in width to the existing alley, and is more particularly described as follows: A segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book 11, Page 71 of the Public Records of Palm Beach County, Florida. Section 3. The City Manager is hereby authorized and directed to execute and S:\CA\Ordi!4nces~Abandonments\OiLorenzo Alley abandonmem.doc :leliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this ~ day of ,2003 SECOND, FINAL READING AND PASSAGE THIS day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner T: City S:\CA\Ordi~ ~ce$\Abandonrnent$\DiLorenzo Alley abandonment.doc :: DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of a 20 foot wide alley, subject to staff comments, and more particularly described as follows: A segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book 11, Page 71 of the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of July, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE i~IE, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, a nd acknowledged t he execution t hereof t o b e t heir free h and and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this ~ day of July, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\Ordinances~Abandonments'~DiLorenzo Alley abandonment.clot · XII. - LEGAL  .. ITEH C.1 CITY OF BOY TO " AGE DA ITE REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April I, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon'} [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July I, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: To approve a Preliminary Rate Resolution for the Fire Assessment EXPLANATION: The staffhas analyzed the projected revenue needs for the Fire Assessment for FY 2003-04. The City's Consultant prepared an analysis of housing counts and has recommended that the City stay at the 2002-03 levels so as to not increase the rate for single-family and commercial properties. The methodology for assessment of non-residential is the same as the 2002-03 rate system (tiered rate system). Once the City Commission has adopted a preliminary rate resolution, the notices to property owners will be sent out. A public hearing on the final 2003-04 Fire Assessment rate will be conducted on Thursday, September 11, 2003. At that time the City Commission may elect to affirm the 2003-04 Fire Assessment Rates or reduce them. PROGRAM IMPACT: This is the legal requirement to establish the basis for the formal public hearing on September 11, 2003. FISCAL IMPACT: The single-family residential rate stays at $70. The multi-family rate stays at $42. The Commercial and Industrial Rates are at the same tiered rates as 2002-03. The original projections in 2001 called for the rates to be the same in 2002-03 and 2003-04 with a drop in the rates 2004-05 and beyond. The rate request per the resolution is pursuant to these projections. ALTERNATIVES: Capital construction funds for the NE Fire Station and part of Station #2 would need to be obtained through borrowing. Also, altem, atives to the program include suspension of the program with completion of the SE Fire Station. Operating funds to staff the SE station would not be available without General Fund budget cuts or an increase in the City property tax rate. Department Head's Signature ~City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMSXAGENDA ITEM REQUEST FORM.DOC - Boynton Beach Proposed 2003-04 Fire Assessment Rates (Same Number of Units) Recommended Rate Structure for 2003-04 RESIDENTIAL PROPERTY I USE CATEGORIES Rate Per Dwelling Unit 'Sincjle Family Residential I $70 vlulti-Famil¥ ResidentialI $42 ~ON-1~I=~51UI:.N1 IAL 3ROPERTY USE Building Classification Industrial/ Nursing CATEGORIES (in square foot ranges) Commercial Warehouse Institutional Homes <1,999 $ 126 $ 35 $ 198 $ 198 2,000- 3,499 $ 252 $ 69 $ 396 $ 396 3,500-4,999 $ 441 $ 121 $ 693 $ 693 5,000-9,999 $ 629 $ 173 $ 990 $ 990 10,000- 19,999 $ 1,259 $ 347 $ 1,980 $ 1,980 20,000- 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960 30,000- 39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,940 40,000- 49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921 > 50,000 $ 6,295 $ 1,733 $ 9,901 $ 9,901 ASSESSABLE COSTS $ 2,842,317 LESS REVENUE FROM INSTITUTIONAL/TAX-EXEMPT $ (79,305) LESS REVENUE FROM GOVERNMENT $ (187,043) LESS REVENUE FROM NURSING HOMES BUYDOWN $ (160,790) LESS REVENUE FROM CLUB (COMMON AREA) BUYDOWN $ (32,732) NET ASSESSMENT REVENUE $ 2,382,446 Scenario assumptions: 100% buydown of institutional/tax-exempt (non-government) property 100% buydown of institutional/tax-exempt (government) property 100% buydown of clubhouse common area Buydown of nursing home property rates to institutional rates Chart shows rates to be assessed (at institutional rates), not actual rates for nursing home property Chart show rates at 100% for institutional property Boynton preliminary rates - SAME UNITS (8o5-03) 7/7/20036:10 PM ' Boynton Beach Proposed 2003-04 Fire Assessment Rates (Updated Number of Units) RESIDENTIAL PROPERTY I USE CATEGORIES Rate Per Dwelling Unit Single Family Residential I $71 Multi-Family ResidentialI $42 NUN-RI'51DENTIAL PROPERTY USE Building Classification Industrial/ Nursing CATEGORIES (in square foot ranges) Commercial Warehouse Institutional Homes < 1,999 $ 130 $ 31 $ 189 $ 189 2,000 -3,499 $ 261 $ 63 $ 377 $ 377 3,500 -4,999 $ 456 $ 110 $ 660 $ 660 5,000-9,999 $ 652 $ 157 $ 944 $ 944 10,000- 19,999 $ 1,304 $ 315 $ 1,887 $ 1,887 20,000 - 29,999 $ 2,608 $ 629 $ 3,774 $ 3,774 30,000 - 39,999 $ 3,912 $ 944 $ 5,661 $ 5,661 40,000 - 49,999 $ 5,216 $ 1,259 $ 7,548 $ 7,548 > 50,000 $ 6,520 $ 1,574 $ 9,435 $ 9,435 ASSESSABLE COSTS $ 2,842,317 LESS REVENUE FROM INSTITUTIONAL/TAX-EXEMPT $ (75,577) LESS REVENUE FROM GOVERNMENT $ (179,454) LESS REVENUE FROM NURSING HOMES BUYDOWN $ (163,326) LESS REVENUE FROM CLUB (COMMON AREA) BUYDOWN $ (33,905) NET ASSESSMENT REVENUE $ 2,390,055 Scenario assumptions: 100% buydown of institutional/tax-exempt (non-government) property 100% buydown of institutional/tax-exempt (government) property 100% buydown of clubhouse common area Buydown of nursing home property rates to institutional rates Chart shows rates to be assessed (at institutional rates), not actual rates for nursing home property Chart show rates at 100% for institutional property Boynton preliminary rates - NEW UNITS (8-5-03) 7/7/20036:08 PM NABORS, (~IBLIN & NICKERSON, P.A. ATTORNEYS AT LAW SUITE 200 '- 1500 MAHAN DRIVE TALLAHASSEE, FLORIDA 32308 TELEPHONE (850) 224-4070 TELECOPY (850) 224-4073 THE POINT, SUITE 1060 CNL CENTER, SUITE 510 2502 ROCKY POINT DRIVE 450 SOUTH ORANGE AVENUE TAMPA. FLORIDA 33607 ORLANDO, FLORIDA 32801 (407) 426-7595 (813) 281-2222 TELECOPY (407) 426-8022 TELECOPY (813) 281-0129 Via E-Mail MEMORANDUM TO: Kurt Bressner, City Manager Jim Cherof, City Attorney Bill Bingham, Fire Chief Diane Reese, Finance Director FROM: Heather J. Encinosa DATE: July 1,2003 RE: Fire Rescue Assessment Preliminary Rate Resolution Enclosed please find the final version of the Preliminary Rate Resolution for the City's annual Fire Rescue Assessment Program for the City's consideration on Tuesday, July 15, 2003. Please let me know if the City has any further questions or concerns. Very truly yours, Heather J. Encinosa HJE:sib Attachments CITY OF BOYNTON BEACH, FLORIDA PRELIMINARY RATE RESOLUTION ADOPTED JULY 15, 2003 TABLE OF CONTENTS Page SECTION 1. AUTHORITY ................................................................................... SECTION 2. PURPOSE AND DEFINITIONS ...................................................... 1 SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES ........ SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSESSMENTS .................................................... 2 SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT ....................................................... 3 SECTION 6. COST APPORTIONMENT AND PARCEL APPORTIONMENT METHODOLOGIES ........................................ 3 SECTION 7. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES ...................................................3 SECTION 8, ANNUAL ASSESSMENT ROLL ...................................................... 4 SECTION 9, AUTHORIZATION OF PUBLIC HEARING ...................................... 5 SECTION 10. NOTICE BY PUBLICATION ............................................................ 5 SECTION 11. NOTICE BY MAIL ............................................................................ SECTION 12. APPLICATION OF ASSESSMENT PROCEEDS ............................ 6 SECTION 13. EFFECTIVE DATE .......................................................................... 7 APPENDIX A: ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE ...................................................................... A-1 APPENDIX B: FORM OF NOTICE TO BE PUBLISHED .................................... B-1 APPENDIX C: FORM OF NOTICE TO BE MAILED ........................................... C-1 CITY OF BOYNTON BEACH, FLORIDA RESOLUTION NO. A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF BOYNTON BEACH, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34), Amending Fire Rescue Assessment Ordinance (Ordinance No. 01-56) (collectively referred to as "the Ordinance); the Initial Assessment Resolution (Resolution No. R01-217); the Final Assessment Resolution (Resolution No. R01-249); sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the Preliminary Rate Resolution as defined in the Ordinance which initiates the annual process for updating the Assessment Roll and directs the reimposition of Fire Rescue Assessments for the Fiscal Year beginning October 1, 2003. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES. (A) Upon the imposition of Fire Rescue Assessments for fire rescue services, facilities, or programs against Assessed Property located within the City, the City shall provide fire rescue services to such Assessed Property. A portion of the cost to provide such fire rescue services, facilities, or programs shall be funded from proceeds of the Fire Rescue Assessments. The remaining cost required to provide fire rescue services, facilities, and programs shall be funded by legally available City revenues other than Fire Rescue Assessment proceeds. (B) It is hereby ascertained, determined, and declared that each parcel of Assessed Property located within the City will be benefited by the City's provision of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue Assessment imposed against such parcel, computed in the manner set forth in this Preliminary Rate Resolution. SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSESSMENTS. Fire Rescue Assessments shall be imposed against all Tax Parcels within the Property Use Categories. Fire Rescue Assessments shall be computed in the manner set forth in this Preliminary Rate Resolution. SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. The legislative determinations of special benefit and fair apportionment embodied in the Ordinance, the Initial Assessment Resolution, and the Final Assessment Resolution are affirmed and incorporated herein by reference. SECTION6. COST APPORTIONMENT AND PARCEL APPORTIONMENT METHODOLOGIES. The Cost Apportionment and Parcel apportionment and the applicable explanatory appendices embodied and incorporated in the Initial Assessment Resolution and the Final Assessment Resolution are affirmed and incorporated herein by reference. SECTION7. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES. (A) The Fire Rescue Assessed Costs to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for the Fiscal Year commencing October 1, 2003, is the amount determined in the Estimated Fire Rescue Assessment Rate Schedule, attached hereto as Appendix A. The approval of the Estimated Fire Rescue Assessment Rate Schedule by the adoption of this Preliminary Rate Resolution determines the amount of the Fire Rescue Assessed Costs. The remainder of such Fiscal Year budget for fire rescue services, facilities, and programs shall be funded from available City revenue other than Fire Rescue Assessment proceeds. (B) The estimated Fire Rescue Assessments specified in the Estimated Fire Rescue Assessment Rate Schedule are hereby established to fund the specified Fire Rescue Assessed Costs determined to be assessed in the Fiscal Year commencing October 1, 2003. No portion of such Fire Rescue Assessed Costs are attributable to impact fee revenue that funds capital improvements necessitated by new growth or development. Further, no portion of such Fire Rescue Assessed Costs are attributable to the Emergency Medical Services Cost. 3 (C) The estimated F ire Rescue Assessments established i n t his Preliminary Rate Resolution shall be the estimated assessment rates applied by the City Manager in the preparation of the updated Assessment Roll for the Fiscal Year commencing October 1, 2003 as provided in Section 8 of this Preliminary Rate Resolution. SECTION 8. ANNUAL ASSESSMENT ROLL. (A) The City Manager is hereby directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year commencing October 1, 2003, in the manner provided in the Ordinance. The updated Assessment Roil shall include all Tax Parcels within the Property Use Categories. The City Manager shall apportion the estimated Fire Rescue Assessed Cost to be recovered through Fire Rescue Assessments in the manner set forth in this Preliminary Rate Resolution. A copy of this Preliminary Rate Resolution, the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, documentation related to the estimated amount of the Fire Rescue Assessed Cost to be recovered through the imposition of Fire Rescue Assessments, and the updated. Assessment Roll shall be maintained on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the updated Assessment Roll proposed for the Fiscal Year beginning October 1, 2003 be in printed form if the amount of the Fire Rescue Assessment for each parcel of property can be determined by the use of a computer terminal available to the public. (B) It is hereby ascertained, determined, and declared that the method of determining the Fire Rescue Assessments for fire rescue services as set forth in this 4 Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property located within the City. SECTION 9. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 6:30 p.m. on September 11, 2003, in City Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, Florida, at which time the City Commission will receive and consider any comments on the Fire Rescue Assessments from the public and affected property owners and consider imposing Fire Rescue Assessments for the Fiscal Year beginning October 1,2003 and collecting such assessments on the same bill as ad valorem taxes. SECTION 10. NOTICE BY PUBLICATION. The City Manager shall publish a notice of the public hearing authorized by Section 9 of this Preliminary Rate Resolution in the manner and time provided in Section 2.04 of the Ordinance. The notice shall be published no later than August 22, 2003, in substantially the form attached hereto as Appendix B. SECTION 11. NOTICE BY MAIL. (A) The City Manager shall provide notice by first class mail to the Owner of each parcel of Assessed Property in the event circumstances described in Section 2.08(F) of the Ordinance so require. Such notice shall be in substantially the form attached hereto as Appendix C. Such notices shall be mailed no later than August 22, 2003. (B) In accordance with Section 2.05(B) of the Ordinance and pursuant to Chapter 92-264, Laws of Florida, a special act relating to the Property Appraiser, the City Commission shall provide additional notice of the Fire Rescue Assessment as part 5 of the notice of proposed property taxes under Section 200.069, Florida Statutes, the truth-in-millage notification. (C) If the City determines that the notice provided under paragraph (B) of this Section 11 also fulfills the requirements of paragraph (A) of this Section 11, then the separate mailing requirement described in paragraph (A) will be deemed to be fulfilled by the notice described in paragraph (B). SECTION 12. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived by the City from the Fire Rescue Assessments shall be used for the provision of fire rescue services, facilities, and programs. In the event there is any fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund fire rescue services, facilities, and programs. SECTION 13. EFFECTIVE DATE. This Preliminary Rate Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 15th day of July, 2003. Gerald Broening, Mayor ATTEST: Janet Prianito, City Clerk APPROVED AS TO FORM AND CORRECTNESS: James A. Cherof City Attorney 6 APPENDIX A ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE APPENDIX A ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE SECTION A-1. DETERMINATION OF FIRE RESCUE ASSESSED COSTS. The estimated Fire Rescue Assessed Costs to be assessed for the Fiscal Year commencing October 1,2003, is $2,842,317.00. SECTION A-2. ESTIMATED FIRE RESCUE ASSESSMENTS. (A) The estimated Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1, 2003, are hereby established as follows for the purpose of this Preliminary Rate Resolution: ~.ESlDENTIAL PROPERTY USE Rate Per CATEGORIES Dwelling Unit Single Family Residential $70 Multi-Family Residential $42 NON.RESIDENTIAL 'Building PROPERTY USE Classification (in Industrial/ Nursing CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes < 1,999 $ 126 $ 35 $ 198 $ 198 2,000- 3,499 $ 252 $ 69 $ 396 $ 396 3,500- 4,999 $ 441 $ 121 $ 693 $ 693 5,000 - 9,999 $ 629 $ 173 $ 990 $ 990 10,000- 19,999 $ 1,259 $ 347 $ 1,980 $ 1,980 20,000- 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960 30,000 - 39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,940 : 40,000- 49,999 $ 5,036' $ 1,386 $ 7,921 $ 7,921 > 50,000 $ 6,295 $ 1,733 $ 9,901 $ 9,901 (B) No Fire Rescue Assessment shall be imposed upon a parcel of Government Property. A-1 (C) Any shortfall in the expected Fire Rescue proceeds due to any reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized by the Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue Assessments. In the event a court of competent jurisdiction determines any exemption or reduction by the Commission is improper or otherwise adversely affects the validity of the Fire Rescue Assessment imposed for this Fiscal Year, the sole and exclusive remedy shall be the imposition of a Fire Rescue Assessment upon each affected Tax Parcel in the amount of the Fire Rescue Assessment that would have been otherwise imposed save for such reduction or exemption afforded to such Tax Parcel by the Commission. A-2 APPENDIX B FORM OF NOTICE TO BE PUBLISHED APPENDIX B FORM OF NOTICE TO BE PUBLISHED To Be Published No Later Than August 22, 2003 [INSERT MAP OF CITY] NOTICE OF HEARING TO REIMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Boynton Beach will conduct a public hearing to consider reimposing fire rescue special assessments for the provision of fire rescue services within the City of Boynton Beach for the Fiscal Year beginning October 1,2003. The hearing will be held at 6:30 p.m. on September 11, 2003, in the City Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, p_ersons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at [phone number] at least [number of] days prior to the date of the hearing. B-1 The assessment for e ach parcel of property will b e based u pon e ach parcel's classification and the total number of billing units attributed to that parcel. The following table reflects the proposed fire rescue assessment schedule. RESIDENTIAL PROPERTY USE Rate Per CATEGORIES Dwelling Unit Single Family Residential $70 Multi-Family Residential $42 NON-RESIDENTIAL Building PROPERTY USE Classification (in Industrial/ Nursing CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes < 1,999 $ 126 $ 35 $ 198 $ 198 2,000- 3,499 $ 252 $ 69 $ 396 $ 396 3,500- 4,999 $ 441 $ 121 $ 693 $ 693 5,000 - 9,999 $ 629 $ 173 $ 990 $ 990 10,000 - 19,999 $ 1,259 $ 347 $ 1,980 $ 1,980 - 20,000- 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960 30,000 - 39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,940 40,000 - 49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921 > 50,000 $ 6,295 $ 1,733 $ 9,901 $ 9,901 Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34), Amending Ordinance No. 01-56, the Initial Assessment Resolution (Resolution No. R01- 217), the Final Assessment Resolution (Resolution No. R01-249), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Fire Rescue Assessments, and the preliminary Assessment Roll for the upcoming fiscal year are available for inspection at the City Clerk's office in City Hall, located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida. The assessments will be collected on the ad valorem tax bill to be mailed in November 2003, as authorized by section 197.3632, Florida Statutes. Failure to pay the assessments wii'l cause a tax certificate to be issued against the property which may result in a loss of title. B-2 If you have any questions, please contact the [name of] Department at [phone number], Monday through Friday between 9:00 a.m. and 5:00 p.m. CITY CLERK OF BOYNTON BEACH, FLORIDA B-3 APPENDIX C FORM OF NOTICE TO BE MAILED -- APPENDIX C FORM OF NOTICE TO BE MAILED * * * * * NOTICE TO PROPERTY OWNER * * * * * City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida [zip code] CITY OF BOYNTON BEACH, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON-AD VALOREM ASSESSMENTS NOTICE DATE: August 22, 2003 Owner Name Address Tax Parcel #: City, State Zip Legal Description: Sequence: As required by section 197.3632, Florida Statutes, and the direction of the City Commission, notice is given by the City of Boynton Beach that an annua~ assessment for fire rescue services using the tax bill collection method, may be levied on your property. The use of an annual special assessment to fund fire rescue services benefiting improved property located within the City of Boynton Beach in the past has proven to be fair, efficient and effective. The total annual fire rescue assessment revenue to be collected within the City of Boynton Beach is estimated to be $2,842,317.00 for fiscal year October 1, 2003 - September 30, 2004. The annual fire rescue assessment is based on the classification of each parcel of property and number of billing units contained therein plus any unpaid or delinquent assessments for Fire Rescue. The above parcel is classified as The total number of number of billing units on the above parcel is The annual Fire Rescue Assessment for the above parcel is $ for fiscal year 2003-04 and future fiscal years. A public hearin9. will be held at 6:30 p.m. on September 11, 2003, in the City Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, Florida for the purpose of receiving public comment on the proposed assessments. You and all other affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 2 0 days of this notice. If you decide to appeal any decision made by the City Commission with respect C-1 to any matter-considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at [phone number] at least [number of] days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34), the Amending Ordinance (Ordinance No. 01-56), the Initial Assessment Resolution (Resolution No. R01-217), the Final Assessment Resolution (Resolution No. R01-249), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Fire Rescue Assessments, and the preliminary Assessment Roll for the upcoming Fiscal Year are available for inspection at the City Clerk's office in City Hall, located at 100 East Beach Boulevard, Boynton Beach, Florida. Both the fire rescue non-ad valorem assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November of each year that the assessment is imposed. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue assessment, please contact the [name of] Department at [phone number], Monday through Friday between 9:00 a.m. and 5:00 p.m. * * * * * THIS IS NOT A BILL * * * * * C-2 XII. - LEGAL ITEM C.2. CITY OF BOYNTON BEAC '- AGENDA ITEM REQUEST FOK vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to Ciw Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 3l, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Resolution calling for General Obligation Bond Issue - November 4, 2003 EXPLANATION: This is a corrected resolution that includes $475,000 bond issuance costs and interim interest costs which were not known at the time that the projects were originally presented. PROGRAM IMPACT: None. These are normal bond issuance costs associated with bond f'mancing. FISCAL IMPACT: None. The cost of the bond issuance and interim interest costs are included in the amount to be borrowed and would also be subject to voter approval. ALTERNATIVES: Do not include these costs in the bond resolution. They would need to be paid out of the General Fund or the Capital Improvement Fund. Department Head' s Signature City Manager's Signature City Attoc~/y / F'inance / Human Resources Department N_ame S:\BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CALLING FOR AN IN PRECINCT ELECTION TO SEEK REFERENDUM APPROVAL FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS; PROVDING BALLOT LANGUAGE; PROVIDING THE ELECTION SHALL BE HELD NOVEMBER 4, 2003; DIRECTING THE CITY CLERK TO PROVIDE A CERTWlED COPY OF THIS RESOLUTION TO THE SUPERVISOR OF ELECTIONS; AUTHORIZING THE CITY ADMINISTRATION TO DO ALL THINGS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach has heretofore adopted Resolution 03-108 expressing an intent to seek referendum approval for the issuance of General Obligation Bonds; and WHEREAS, the City Commission believes it is in the best interest of the citizens and taxpayers of the City of Boynton Beach to allow the electors of the City to express their opinions through the voting process whether General Obligation Bonds should be issued to fund the following construction project: Art C enter-second floor expansion, Library expansion, Senior Center Phase Two construction, and Wilson pool renovations and improvements, the total project cost of which is $10,600,000.00; and WI-IER]gAS, the City Commission has determined that it is in the best interest of :he citizens and taxpayers of the City to submit the referendum question hereinafter set ."orth to the electors at the November 4, 2003 general election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Bonds\Final Referendum Approval GO Bonds1 .doc Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2. The City Commission of the City of Boynton Beach, Florida, ~ursuant to the authority vested in it by the provisions of Florida Statute 100.211 hereby :alls a bond referendum to be conducted as in precinct election with the general election of November 4, 2003. SectiOn 3. The bond referendum announced herein is called for the purpose of ~g to the electors of the City of Boynton Beach the question whether the :'ollowing projects with the following estimated costs shall be funded through the use of General Obligation Bond proceeds secured by ad valorem tax revenue: An Center 2"a floor expansion $1,180,000.00 Library expansion $6,120,000.00 Senior Center Phase 1I $1,950,000.00 Wilson pool renovation $1,350,000.00 The total aggregate principal amount of the bond issue shall not exceed $11,075,000.00, which includes project costs as stated above plus $475,000.00, which constitute projected bond issuance costs and interim interest payments. The project costs are estimates only and bond proceeds may be spent on the projects in a greater or lesser amount than shown above. Section 4. The ballot title and ballot explanatory language shall be as follows: CITY OF BOYNTON BEACH TO ISSUE GENERAL OBLIGATION BONDS FOR CAPITAL IMPROVEMENT PROJECTS SHALL THE CITY OF BOYNTON BEACH, FLORIDA ISSUE GENERAL OBLIGATION BONDS IN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $11,075,000.00, WITH A MATURITY NOT TO EXCEED TWENTY YEARS, S:\CA\RESO\Bonds\Final Referendum Approval GO Bonds1 .doc BEARING INTEREST AT A RATE NOT EXCEEDING THE LEGAL RATE, AND PAYABLE FROM AD VALOREM TAXES TO PROVIDE FUNDS FOR CAPITAL IMPROVEMENTS TO: THE ART CENTER, LIBRARY, SENIOR CENTER AND WIZSON POOL. For Bonds Against Bonds Section 5. The City Clerk of the City of Boynton Beach shall provide a certified copy of this Resolution to the Supervisor of elections. Section 6. The City Administration is directed and authorized to do all things necessary to effectuate the intent of this resolution including but not limited to providing notice of referendum election as required by Florida law. Section 7. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 8. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section9. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this ~ day of July 2003. S:\CA\RESO\Bonds\Final Referendum Approval GO Bonds1 .doc '- CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: Clerk (Corporate Seal) S:\CA\RESO\Bonds\Final Referendum Approval GO Bonds1 .doc . EXHIBIT - July 15, 2003 City --Commission Meeting ~ July 15,2003 Good Evening Mayor, Commissioners and City Staff! I've debated a little bit about the compensation increase on the agenda tonight - mostly-positive comments and suggestions. I've discarded the few negative comments suggested to me, because those really lacked any substance. On the negative side some have tried to compare a fair and equitable compensation increase for the Commission to that of full time employees within the City. I discarded that because those of us who have actually defended salary increases and retirement benefits to our Commissioners for City Staff, Fire and Police personnel, clearly understand and care about all City employees and if we were going to be completely fair and equitable - Commissioners would have received an increase several years ago. Again on the negative side, I've listened to some of the comments that are open- ended questions -like why should the Commissioners get a raise? Look at our Budget issues this year? Gentlemen, I will repeat what I said several weeks ago when I suggested that you take a good look at increasing the compensation levels for the Commission. It's the right thing to do! It's not political and it shouldn't be negative. You deserve more compensation than you currently receive by virtue of the job y ~n do and the job responsibilities that you have minus a strong Mayor government. Everyone can't be nor should they be independently wealthy to be a Commissioner in the City of Boynton Beach. We already know that you do not run for Mayor or Commissioner to become rich based on your compensation level. You are encouraging other Citizens who for whatever reasons may be knowledgeable and capable of holding office, but simply need a little more salary to help them and their families as they work hard for this City's needs. Now, on a personal note - I have nothing to gain by defending my original recommendation that this issue be addressed. However, let me just go ahead and say it to you and the citizens that I am not impressed by comments that SH'.',"('st the compensation level is already fair and equitable or I'm just retired an ion't need the money or I don't won't to address this because somebody will get mad at me or I'll hurt their feelings. The I'm retired and don't need the money is humble and honorable, but it's also selfish to not think of those that will be following in your foot steps in my opinion and people get the feelings hurt everyday. Gentlemen - In my humble opinion, it's simply the right thing to do and it needs to be done now. I'm sure in 1928, Mayor Myers and Commissioners Winchester and Benson made someone mad~too. The Commission certainly did in 1984 and in recent years, the subject becomes a hot potato. Past Commissions that chose not to address it - well, too bad for them. A Fair and Equitable increase for our Mayor and Commissioners that is commensurate with the job responsibilities that you do in this year of 2003 should be done and it just shouldn't be a big deal to get it done. Brian Edwards 629 NE 9TH Ave Boynton Beach, FI 33435 732-2739 2