Agenda 03-15-05
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
MARCH 15,2005
Jerry Taylor
Mayor
At Large
Kurt Bressner
City Manager
DISTRI T I
Bob Ensler
Commissioner
District I
Mack McCray
Vice Mayor
District II
Mike Ferguson
Commissioner
District III
Carl McKoy
Commissioner
District IV
www.boynton-beach.org
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the 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 Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
o Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
o 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 COMMISSION MEETINGS:
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.
o Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
o Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded.
o
ADDRESSING THE COMMISSION:
When addressing the Commission, 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 BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
March 15, 2005
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Rev. Rick Riccardi, Police Chaplain
C. Pledge of Allegiance to the Flag led by Vice Mayor Mack McCray
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS:
A. Announcements:
1. Medieval Faire - March 19-20, 2005 at Jaycee Park - Presentation of a
brief skit by a member the Adrian Empire, to announce the year's event
to the public and to present invitations to attend to the Commission
B. Community and Special Events:
1. Concert on the Green, Saturday, April 16, at The Links at Boynton
Beach, 8020 Jog Rd., featuring Bad Company former lead singer Brian
Howe. Gates open 6 P.M., Concert 8 P.M. Tickets $20 at City Hall, City
Hall in the Mall, The Links, online at www.ticketweb.com or at the gate
C. Presentations:
1. Proclamations:
a. Relay for Life
2. Boundless Playground presented by Wally Majors, Director of
Recreation & Parks, on development of a Boundless Playground and park
at Congress Community Park
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
March 15, 2005
V. ADMINISTRATIVE:
A. Appoint Chair and Vice Chair of the Community Redevelopment Agency
B. Accept the resignation of Renee Roberts, Student member of the Advisory Board
on Children and Youth
Appointment
To Be Made
Board
Length of Term
Expiration Date
(Appointments will reappear on the 4/5/05 Agenda)
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approyal 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. Agenda Preview Conference -February 2S, 2005
2. Regular City Commission Meeting - March 1, 2005
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget
1. Approve the renewal of the Annual Maintenance Agreement for our ESRI
Software for the GIS Department in the amount of $25,897.77 to ESRI,
Inc. of Redlands, CA.
2. Approve a piggyback on State Contract #600-760-00-1-7 for Mail
Processing Equipment to Pitney Bowes in the amount of $34,416.00 for a
48 month lease to include equipment, meter, maintenance, postage-by-
phone reset fees and scalejrate date fees.(PROP05ED RESOLUTION
NO R05-039)
3, Award the RFQ TWO YEAR CONTRACT FOR VEHICLE TOWING
ROTATION PROGRAM, RFQ #007-2110-05jcjd to various qualified tow
companies, and authorize the City Manager and City Attorney to execute
the Towing Services Agreement 2005 (PROPOSED RESOLUTION NO.
R05-040)
4. Approve the award of the installation of a fiber-optic system for
telecommunication and computer connection between the Utilities
Department Operation-Technical Building at the East Water Treatment
Plant and the new Fire Station #4 (FS #4) located at 1919 South Federal
2
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
March 15, 2005
Highway to JADE COMMUNICATIONS, INC., in an amount of $48,937.71
plus a 10% contingency to be included, for a total amount of $53,830
(PROPOSED RESOLUTION NO. ROS-041)
C. Resolutions:
1. Proposed Resolution No. ROS-012 Re: Approving and
adopting grant funding policies (TABLED TO MARCH 15, 2005)
2. Proposed Resolution No. ROS-038 Re: Approving an
Exclusive Agreement between the City of Boynton Beach and Achieva
Telecom Services, Inc. d/b/a Talk's Cheap for installation and
maintenance of a pay telephone at Oceanfront Park (TABLED TO APRIL
5, 2005)
3.
Proposed Resolution No. ROS-042 Re:
assessment of costs for abatement of certain
owners of properties involved.
Approving the
nuisances against the
4. Proposed Resolution No. ROS-043 Re: Approving and
authorizing acceptance of the Urban Group's negotiated contract to
purchase property owned by Velmarie Lambert and Willie Brown, located
at 216 NW 13th Avenue for $230,000.
5. Proposed Resolution No. ROS-044 Re: Approving and
authorizing Execution of Agreement for Water Service Outside the City
Limits with Mohammed A. Khan, Mohammed Liton Khan and Lincon Khan,
for the proposed project known as Lawrence Market to be located on the
northeast quadrant of Tucks Road and Lawrence Road.
6. Proposed Resolution No. ROS-04S Re: Approving and
authorizing Task Order No. U05-1O-04 for $30,609.00 to Kimley-Horn and
Associates, Inc. (KHA) to provide engineering services for the design,
permitting and bidding and services throughout construction phases that
include start up and closeout of the project for a submersible duplex
station to replace Lift Station No. 313 (LS 313)
7. Proposed Resolution No. ROS-046 Re: Approving and
authorizing the execution of an Agreement for Water Service Outside the
City Limits with Irene Theodore for the property at 1173 Peak Rd., Lake
Worth, FL (Ridge Grove ADD NO 1, LTS 256 TO 259 INC)
8. Proposed Resolution No. ROS-047 Re: Approving and
authorizing the execution of an Agreement for Water Service Outside the
City Limits with Ang Capital Group, Inc. for the property at 7757 Griswold
St., Lake Worth, FL (Tropical Terrace L T 26- Less S 7 FT)
3
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
March 15, 2005
9. Proposed Resolution No. ROS-048 Re: Approving and
authorizing the execution of an Agreement for Water Service Outside the
City Limits with Isabel Pizzoni for the property at 1155 Peak Rd., Lake
Worth, FL (Ridge Grove ADD NO 1, LT 260).
D. Ratification of Planning & Development Board Action:
None
E. Ratification of CRA Action:
None
F. Accept the written report to Commission of purchases over $10,000 for the
months of January and February 2005.
G. Approve purchase from More Direct for 24 laptop computers in the amount of
$35,588.00 for the Police Department. This purchase is from the Federal
Treasury Forfeiture Fund.
H. Authorize the use of Community Inyestment Funds from Commissioner Carl
McKoy for the National Youth Association for Academics and Athletes
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A Project: Boynton Beach Lofts (LUAR OS-003)
(POSTPONED TO 04/05/05)
Agent: Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Owner: Louis F. Mascia/Boynton Motel LLC
Location: 623 South Federal Highway
Description: Request to amend the Future Land Use designation from Local
Retail Commercial (LRC) to Mixed Use (MX) (1st READING OF
PROPOSED ORDINANCE NO. 05-), and to rezone from
Community Commercial (C-3) to Mixed-Use Low (MU-L) (1ST
READING OF PROPOSED ORDINANCE NO. 05-)
1. Boynton Beach Lofts (NWSP OS-OOB) - 623 South Federal Highway -
Request for new site plan approval to construct a mixed-use project
consisting of 48 multi-family dwelling units, 5,364 square feet of retail
and 12,354 square feet of office on a 1.21-acre parcel in an MU-L zoning
district. (POSTPONED TO 04/05/05)
4
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
March 15, 2005
2. Boynton Beach Lofts (HTEX 05-001) - 623 South Federal Highway -
Request for a height exception of 3'-2" pursuant to the City's Land
Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the
mechanical room housing elevator/stair tower to be 78'-2" in height, a
distance of 3'-2" above the 70' maximum height allowed in the Mixed-Use
Low (MU-L) zoning district. (POSTPONED TO 04/05/05)
B.
Project:
Agent:
Owner:
Location:
Descriptions:
Boynton Beach Mall NOPC # 5 (DRIA 05-002)
Thomas A. Marsicano, AICP, URS Corporation Southern
JCP Associates, LTD
Boynton Beach Mall
Request for Development of Regional Impact Amendment (DRIA)
for the conversion of 169,510 square feet of existing leasable
retail space to a 79,500 square foot multi-screen moyie theater
with 3,650 seats and 17,528 square feet of new retail space.
(PROPOSED RESOLUTION NO. 05-049 )
1. Boynton Beach Mall NOPC #5 (MPMD 05-007)-Boynton Beach Mall-
Request for Master Plan Modification approval for the conversion of
169,510 square feet of existing leasable retail space to a 79,500 square
foot multi-screen movie theater with 3,650 seats and 17,528 square feet
of new retail space.
IX. CITY MANAGER'S REPORT:
A. After-Action Report regarding the 2004 Hurricane Season.
X. FUTURE AGENDA ITEMS:
A. Annexation of Enclaves (4/5/05)
B. Zoning in M-1 District (04/05/05)
C. Management of Colors along Congress Avenue, Federal Highway, Gateway
Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on
review by Planning & Development Board and eRA) (05/03/05)
D. Workshop regarding City Hall/Public Safety Space Needs Report (8/2/05)
E. Proposed Lease Agreement with Boynton Woman's Club (TBA)
F. Hurricane Design for Public Buildings (5/3/05)
G, City Manager's Evaluation (October 2005)
H. Commission Boundary Redistricting
5
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
March 15, 2005
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 05-017 Re: Amendment to
the Land Development Regulations, Chapter 2. Zoning, Section 6.H
Suburban Mixed use (SMU) zoning district to allow Live/Work Units as a
permissible use
2.
Proposed Ordinance No. 05-018 Re:
Ordinance to establish the Renaissance
Deyelopment District
Approval of an
Commons Community
B. Ordinances - 1st Reading
None
C. Resolutions:
None
D. Other:
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER 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 CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACT1VTIY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITYTQ REASONABLY ACCOMMODATE YOUR REQUEST.
FINAL AGENDA 3/11/2005 11:52 AM
S :\CC\WP\CCAGENDA\AGENDASIYEAR 2005\031505.00c
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lII.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Mus.t be Turned Requested City Commission Date Final Form Must be Turned
Meetine. Dates in to City Clerk's Office Meetine. Dates in to Citv Clerk's Office
0 December 7, 2004 November 15,2004 (Noon.) 0 February 1,2005 January 17, 2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15,2005 January 31, 2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) 0 March I, 2005 February 14,2005 (Noon)
0 January 18,2005 January 3, 2005 (Noon) [8J March 15,2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal ;.)
:)-..,
0 Bids 0 Unfinished Business ::~-<
" <c:;
0 Announcement [8J Presentation r<1 'J -rl
0';
0 I ~ IT)
City Manager's Report --.l CJ
v ',-.J
_~ 'c::.'
RECOMMENDATION: Permit presentation of Proclamation ~;iz
."co
-i'1
EXPLANATION: The Palm Beach county chapter of the American Cancer Society will hold its annual Relay for t;re e~ilt"
in Boynton Beach on April 1-2, 2005, and has requested a proclamation to draw attention to the event. Relay For Life is an~
overnight event designed to celebrate survivorship and raise money for research and programs of the American Cancer
Society. During the event, teams of people gather at schools, fairgrounds, or parks and take turns walking or running laps.
Each team tries to keep at least one team member on the track at all times. Relay For Life represents the hope that those lost to
cancer will never be forgotten, that those who face cancer will be supported, and that one day, cancer will be eliminated.
PROGRAM IMPACT: Will heighten awareness ofthis event in the community.
FISCAL IMPACT: None
ALTERNATIVES: Not present Proclamation
it)a.:J~" ~ ~L.f
. Departm t Hea Signature
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ty Manager's Signature /
Public Affairs
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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I
Cancer is the leading cause of death in the United States. However, due to the efforts of the
American Cancer Society almost 9,000,000 Americans are alive today. Since it was founded in
1946, the American Cancer Society has spent over $2.5 billion in pursuit of better methods to
prevent, detect and treat cancer.
Relay for Life, the 24-hour signature activity of the American Cancer society, is a unique
community event that celebrates cancer survivors. It focuses attention on the fight against cancer
through fundraising that supports research, prevention, detection, patient services, advocacy and
volunteerism,
On April 1-2, teams of 10-15 people will walk, jog or run around the track at the Boynton Beach
Community High School. Each team member will raise funds through donations that will help the
American Cancer Society provide Hope for the future, Progress toward a cure, and Answers to
cancer questions and concerns.
Relay for Life is the ultimate community event. From the opening lap, led by cancer survivors, to
the emotional candle-lighting ceremony and the triumphant final lap, Relay for Life is an
experience that participants will always remember.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the Cit}
of Boynton Beach, Florida, hereby proclaim April 1-2, 2005, as:
Relay for Life Days
and urge all citizens to support this friendly competition of community teams by contributing time
and funding that will assist the fight to defeat this disease, now and for all times.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 15th day of March, Two
Thousand Five.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
S:ICCIWP\CCAGENDAIProclamalionsIYear 20051Relay for Life.doc
, , , , , 7 Members - 4 Yr. Terms
Ordinance No. 000-69 (Changed from Commission to independent board)
V, ADMINISTRATIVE
ITEM A.
i
COMMUNITY REDEVELOPMENT AGENCY - 201)5
I
LAST NAME FIRST EXPIRES ADDRESS PROFESSIONAL
NAME ASSOCIATION
Barretta James 1/10/08 209 N. 5eacrest Blvd. #1 Architect
BOYNTON BEACH 33435
(561) 740-0041
DeMarco Alexander 6/20/06 10817 QUAIL COVEY RD Arvida Realty
BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102
(561) 732-6789 Boynton Beach, FL 33426
(561) 736-2400 Ext. 107
Fax (561) 736-1560
cristale@bellsouth.com ,
,
Fenton Don 1/10/06 2556 5W 23"D Edward Jones & Company
CRANBROOK DR 901 N Congress Avenue, Ste D-101
BOYNTON BEACH 33436 Boynton Beach, FL 33426
(561) 737-0793 (561) 737-1442
Fax (561) 364-1536
Heavilin Jeanne 1/10/09 PO BOX 243693 (734 NE Salefish Realty
Chair 9TH AVE) 532 E Ocean Avenue
BOYNTON BEACH 33424 Boynton Beach, FL 33435
(561) 731-4474 (561) 738-6613
Fax (561) 738-7911
jheavilin@msn.com
Horenburger Marie 6/20/08 3020 PINE TREE LANE Business Consultant
BOYNTON BEACH 33435 Fax (561) 733-0034
(561) 733-0041 nhorenburger@cs.com
Myott Steve 1/10/09 3012 FERNWOOD DR Vice President, Commercial Division
BOYNTON BEACH FL Quincy Johnson Architects
33436 949 Clint Moore Road
(561) 736-3564 Boca Raton, FL 33487
561-997-9339 X31
Tillman Henderson 1/10/09 54 BEN1WATER CIRCLE Spanish River High School
BOYNTON BEACH, FL 5100 Jog Road
33426 Boca Raton, FL 33496
(561) 965-6776 (561) 241-2200 Ext.2540
6
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S:\CC\WP\BOARDS\LISTS\CRA Board.doc - 03/0912005
V. ADMINISlRA lIVE
ITEM B.
Dear youth advisory board,
i~fTY OF'
J~:!T'J
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I regretfully resign my position as a voting member, Thank you for letting me have
this opportunity. I have learned many things about my local government and have
enjoyed making a difference in my community.
I wish you luck with building a youth center. I would love to one day be able to go
there and say that I was a part of its beginning.
I was thinking about the location of the youth center and I asked myself, where do
teens normally hang out, and then I thought of the mall. I think it would be a good idea W
rent out a place at the mall that would be like a small teen center until you can get the
funds for a separate building. I also think that doing so would raise more interest in the
idea for a teen center.
Thank you again for this opportunity.
In God's love and in mine,
Renee Roberts
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III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetinl? Dates in to City Clerk's Office
Requested City Commission
Meetine: Dates
Date Final Form Must be Turned
in to City Clerk's Office
December 6, 2004 (Noon)
o February 1, 2005
o February 15.2005
o March 1. 2005
[gJ March 15,2005
January 17,2005 (Noon)
0 December 7, 2004
0 December 21, 2004
0 January 4, 2005
0 January 18,2005
November 15,2004 (Noon.)
January 31, 2005 (Noon)
December 20, 2004 (Noon)
February 14,2005 (Noon)
January 3, 2005 (Noon)
February 28, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o
o
[gJ
Legal
Unfmished Business
Presentation
RECOMMENDA nON: Endorse in concept the development of a Boundless Playground and park at Congress
Community Park (staff will make a short PowerPoint presentation to describe and show examples of Boundless
Playgrounds).
EXPLANATION: Approximately 35,000 children with special needs live in Palm Beach County. These children
often do not get to experience what most other children take for granted. In all Boundless Playgrounds projects,
at least 70% of the play activities can be enjoyed by children with physical disabilities without having to leave
their support equipment behind. Equally important, playground equipment is designed to be sensory rich so
children with developmental and sensory disabilities can actively, safely and enjoyably participate with their
peers without disabilities. If approved in concept, staff resources will be dedicated to begin planning and design
of the facility, recruiting volunteers, and soliciting sponsors and other potential funding sources.
PROGRAM IMPACT: Congress Community Park site includes approximately thirteen and y:, (13.5) acres of
available green space. This is an ideal location for a Boundless playground and park, which would provide
residents a virtually barrier free facility that can be enjoyed by children and caregivers of all abilities.
FISCAL IMP ACT: Approval of the concept will not have any fiscal impact. It will allow staff to move forward on
this project as it relates to using City resources to start soliciting for sponsors, grants and any other potential
funding sources. It will also give staff an opportunity to move forward with planning and design, which will
allow for the eventual determination of cost.
ALTERNA~.concePtand seek a;Zco~m
Department Head's Signature
Recreation & Parks
Department Name
City Attorney / Finance / Human Resources
S:IBULLETlNJ'ORMSIAGENDA lTEMREQUEST FORM.DOC
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VI.-CONSENT AGENDA
ITEM B.l.
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 Turned
Meetinl! Dates in to Citv Clerk's Office Meetine: Dates in to City Clerk's Office
D December 7, 2004 November 15,2004 (Noon.) D February 1, 2005 January 17, 2005 (Noon)
D December 21 , 2004 December 6, 2004 (Noon) D February 15,2005 January 31,2005 (Noon)
D January 4, 2005 December 20, 2004 (Noon) D March 1. 2005 February 14, 2005 (Noon)
D January 18, 2005 January 3, 2005 (Noon) I:8J March 15,2005 February 28, 2005 (Noon)
D Administrative D Development Plans
NATURE OF I:8J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D AIll10uncement D Presentation
D City Manager's Report
RECOMMENDATION: A motion to approve the renewal of the Annual Maintenance Agreement for
our ESRI Software for the GIS Department in the amount of$25,897.77 to ESRI, Inc. of Red lands, CA.
EXPLANATION: The Annual Maintenance Agreement provides software upgrades at no additional cost,
technical support, GIS User newsletters and magazines and registration at no cost for (3) Users to attend
the Annual GIS Users Conference. Without this maintenance agreement, we would have to pay
excessive costs on an "As Needed Basis" for technical support for hardware and software. This
agreement also provides us with technical support for ArcGlS 8.3, ArcSDE or ArcLogi~s. 01\)1
upgrades are included through this maintenance agreement insuring that we are utilizing the m~ clJ!tebt
version of the software. Additionally, without this agreement we would have to pay ~,500:&>
registration ($1,500.00 ea.) for (3) users to attend the Annual GIS User conference. N ':~i3
CD _(
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PROGRAM IMPACT: This Annual Software Maintenance Agreement provides software uMrade~t
no additional cost, technical support, GIS user newsletters and magazines and registration for (J;tus~JP
attend the Annual GIS Users Conference. r oj;
ca ,-110
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FISCAL IMPACT: Software Maintenance
001-1511-513-46-91
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A sistant to the Finance Director
Expenditure:
~77
Procurement Services
Department Name
S;\BULLEllN\FORMSIAGENDA ITEM REQUEST FORM.DOC
C: Cathy McDeavilt - Assistant to the ITS Director
File
CITY OF BOYNTON BEACH
ADOPTED BUDGET LINE ITEM PURCHASE
Date:
February 17, 2004
Requesting Department:
G.I.S.
Contact Person:
Carolina Luque
Explanation for Purchase:
The annual maintenance provides free software upgrades, technical support, GIS User newsletters and magazines and
free registration for 3 users at the Annual GIS Users Conference. Without this maintenance, it would be necessary to pay
by the question for technical hardware & software support. For example, ArcView 3.3 is $50 per question/per call; ArclMS
is $150 per question/per call. They would not provide us with any technical support for ArcGIS 8.3, ArcSDE or
ArcLogistics without a maintenance agreement. We would have to pay $4500 registration ($1500 ea.) for 3 users to
attend the Annual GIS User conference and pay for each upgrade for each product individually.
IRecommended Vendor ESRI, Inc.
I Dollar Amount of Purchase $25,897.77
Source for Purchase (check and attach backup materials):
State Contract D GSA
SNAPS D PRIDE
Piggy-Back D RESPECT
Other
D
D
D
W Proprietary
Contract Number:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source:
Line Item Descriotion
Software Maintenance
Account No.
001-1511-513-46-91
Item Budaet
$ 23,152.00
$
Cost of Item
25,897.77
Over/Under Budget
. nf 1= I inrI<:
Under $2746
'.. .
Approvals:
Department Head
Purchasing Agent
Asst City Manager
City Manager
Date
Date
Date
Date
New Form 02111/02
ITS Memorandum No. 05-004
MEMORANDUM
To:
Mary Munro, Purchasing Agent/Assistant to Finance Director
From:
Peter Wallace, Director of I.T
Re:
ESRI Software Maintenance
Date:
February 18, 2005
Attached is the requisition and quotation for the annual renewal of our ESRI Software
Maintenance in the amount of $25,897.77. This item was budgeted in the G.I.S. FY
2004-05 budget (001-1511-513-46-91) in the amount of $23,152.00. The deficit of
$2746 has been transferred from the Other Contractual Service Account (001-1511-
513-49-17).
Without this maintenance, it would be necessary to pay for technical support by the
question. For example, questions pertaining to the Arc View software would be $50 per
question/per call; and, questions pertaining to ArclMS software would be $150 per
question/per call. We would not have any technical support for ArcGIS, ArcSDE or
ArcLogistics software without this maintenance agreement. All upgrades are included /
through this maintenance contract insuring that we are utilizing the most current version /
of the software.
The annual ESRI maintenance also provides free software upgrades, technical support,
GIS user newsletters and magazines, and free registration for 3 users to attend the
Annual GIS Users Conference. We would have to pay $4500 registration ($1500 ea.)
for 3 users to attend the Annual GIS User Conference and pay for each upgrade for
each product individually.
Please process according to purchasing guidelines. Thank you.
/cm
Attachments
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Please find the attached quotation for your fo coming software
support term. As you know, keeping you support current entitles you 0
exclusive benefits that may include technic support, so upgrades, and
User Conference registrations. If you c oose to disco tinue our support,
you will become ineligible for support befits and servic s. AI support fees
from the date of reactiveate your cover ge at a later date. .
Customers who have multiple co pi of some ESRI produ ts may have the
option of supporting some of the' licenses with seconda aintenance.
Secondary maintenance entitles sers to oftware upgrades and technical
support through a primary licen e. Users ust S' port at each version of a
product (e.g., ArcView 3.x lie sing is reg ded a separate from ArcView
8.x). Please contact Custom r Service to fin ut m re about the availability
of secondary maintenance.
If you are using some E RI products that are a pre ous versions, or if you
have additional softwar that i~ot currently cov red y one of our programs,
please contact us for i formatio about the differ nt ptions that are available
to you.
Do you need traini ? You can get ffordable ESRI software training for your
entire organizatio with a subscripti n SRI Virtual Campus. To find out
how, visit the ca pus: http://campus. srLco ampus/catalog/subscriptions
y questions or need dditional information, please contact
ice at 888-377-4575.
.k&ImI
V
SUBJECT:
DATE;
TO:
ORGANIZATION:
FAX#:
FROM:
FAX#:
EMAIL:
Number of pages transmitted
(including this cover sheet):
ESRllnc
380 New York Street
REDLANDS CA 92373
5
MAINTENANCE QUOTE
12/20/2004
CAROLINA LUQUE
CITY OF BOYNTON BEACH
INFORMATION TECHNOLOGY SERVICES
561-742-6285 PHONE #: 561-742-6077
Mary Jo Weatherford
909-307-3083 PHONE #: 888-377-4
mweatherford@esri.com
/
.~1IDlI
V
380 New York 51.
Redlands, CA 92373
Phone: 888-377-4575
Fax #: 909-307-3083
Date: 09/29/2004
Quotation Number: 25122272
TERRI OWENS
CITY OF BOYNTON BEACH
INFORMATION TECHNOLOGY SERVICES
PO Box 310
BOYNTON BEACH FL 33425
Attn: CAROLINA LUQUE
Customer Number; 101023
Item Qty Product# Description
PLEASE CONTACT CUSTOMER SERVI
10
52384
MAINT,PRIM,AI,FL
Arclnfo Floating Primary Maintenance
Start Date: 10/02/2004
End Date: 10/01/2005
I
20
2
52385
MAINT,SCNDRY,AI,FL
Arclnfo Floating Seconda
Start Date: 10/02/2004
End Date; 10/01/2005
30
2
64820
MAINT,AG APRS,CU
cPress for ArcGIS Concurrent Us
St Date: 09/16/2004
End ate: 10/01/2005
40
86497
MAINT,PRIM,A , U
ArcEditor Co current Use Primary Mai
Start Date: 10 2/2004
End Date: 1010 2005
Quotation
Send Purchase Orders To:
ESRI, Inc.
380 treet
fdlandS' CA 92 -8100
ttn: Mary Jo Weathe ord
Pie se include the followl
re iUance address on your
Purchase Order:
ESRllnc.
File #54630
Los Angeles, CA 90074-4630
Unit Price
3,000.00
2,400.00
208.77
417.54
1,500.00
1,500.00
This quotation is valid for 90 days and is subject to ou Rl License Agreement. The quotation information is proprietary and may not be
copied or released other than for the express purpo e of sys selection and purchase/license. This information may not be given to outside
parties orused for any other purpose without consen from Environ I Systems Research Institute, Inc. (ESRI).
Any estimated sales and/or use tax has been calculate as of the date of this quotation and is merely provided as a convenience for your
organization's budgetary purposes. ESRI reserves the "ght to adjust and collect sales and/or use tax at the actual date of invoicing. If your
organization is tax exempt or pays state taxes directly, t n prior 10 invoicing, your organization must provide ESRI with a copy of a current tax
exemption certificate issued by your state's taxing author! for the given jurisdiction.
Issued By: Mary Jo Weatherford
Ext: 2245
To expedite your ol'"der, please reference your customer number and this quotation number on youl'" purchase order.
[LUTZT1
'.~nm
IV
380 New York St.
Redlands. CA 92373
Phone: 888-377-4575
Fax #: 909-307-3083
Date: 09/29/2004 Quotation Number; 25122272
Item Qty Product# Description
Quotation
Page 2
Unit Price
Extended Price
.J
50
3
87192
.;
60 25
87193
7/1
87194
ROJ 9
87195
v
90
97534
,.
100
1
81962
,
~o
1
98880
MAINT,PRIM,AV,SU
ArcView Single Use Primary Maintenance
Start Date: 10/02/2004
End Date: 10101/2005
Hardware Platform: GENERIC DESKTOP
MAINT,SCNDRY,AV,SU
ArcView Single Use Secondary Maintenance
Start Date: 10/02/2004
End Date: 10/01/2005 !
Hardware Platform; GENERIC DESKTOP
MAINT,PRIM,AV,CU
ArcView Concurrent Use Prima
Start Date: 10/02/2004
End Date: 10/0112005
Hardware Platform: WINDOWS
MAINT,SCNDRY,AV,CU
ArcView Concurr t Use Secondary
Start Date: 10/02 004
End Date: 10/01/2 5
Hardware Platform:
MAINT,AIMS,1 SRVR,2CPU
Ar S 1 Server 2 CPUs Mal
Start te: 10/02/2004
End Da : 10/01/2005
MAINT,ALR W/DTA
Arc Logistics Rou
Start Date: 10/02 00
End Date: 10/01/2
Hardware Platform:
TECH SUP,APAD
400.00
1,200.00
5,000.00
700.00
4,500.00
2,000.00
2,000.00
2,000.00
2,000.00
180.23
180.23
This quotation is valid for 90 days and is subject to your ES License Agreement. The Quotation information is proprietary and may not be
copied or released other than for the express purpose of syst m selection and purchasellicense. This information may not be given to outside
parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESR1).
Any estimated sales and/or use tax ha~ been calculated as of the date of this quotation and is merely provided as a convenience for your
organization's budgetary purposes. ESRI reserves the right to adjust and conect sales and/or use tax at the actual date of invoicing. If your
organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax
exemption certificate issued by your state's taxing authority for the given jurisdiction.
Issued By: Mary Jo Weatherford
Ext: 2245
To expedite your order, please reference your customer number and this quotation number on your purchase order.
[lUTZT]
8'-
. nEI
.~ n
380 New York 51.
Redlands. CA 92373
Phone: 888-377-4575
Fax #: 909-307 -3083
Date: 09/29/2004 Quotation Number: 25122272
Item Qty Product# Description
Quotation
Page 3
Unit Price
Extended Price
(
Annual Support Assistance Program for ArcPad
Start Date: 02/21/2005
End Date: 10101/2005
120
MAINT,DSG,ASDE,SRVR,2CPU
ArcSDE Developer Support Group Main
Connections
Start Date: 10/02/2004
End Date: 10/01/2005
87213
3,000.00
nance for 1 Server 2 CPUs and 5 Rea
Shippin
E
Su total
& Han
timated x'
Tot
25,
97.77
0.00
0.00
97.77
~
$
25,
This quotation is valid for 90 days and is subject to your ESRt license Agreement. The quotation information is proprietary and may not be
copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside
parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRt).
Any estimated sales andlor use tax has been calculated as of the dale of this quotation and is merely provided as a convenience for your
organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your
organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax
exemption certificate issued by your state's taxing authority for the given jurisdiction.
Issued By: Mary Jo Weatherford
Ext; 2245
To expedite your order, please reference your customer number and this quotation number on your purchase order.
[lUTZT]
.k&nm
'UV
380 New York St.
Redlands, CA 92373
Phone: 888-377-4575
Fax #: 909-307-3083
Quotation
Page 4
Date: 09/29/2004 Quotation Number: 25122272
Item Qty Product# Description
Unit Price
Extended Price
BY SIGNING BELOW, YOU ARE INDICATING THAT YOR ARE AUTHORIZED TO OBLlGftTE-F FOR YOUR
ORGANIZATION. DO NOT USE THIS FORM FOR ORDER ACTIVATION IF YOUR ORGANIZATION WI
PAY AN INVOICE THAT HAS BEEN ISSUED AT YOUR DIRECTION WITHOUT ADDITIONAL AUTHORIZI
If you have made ANY alterations to the line items Included In this quote and have chosen to sign the quote to In Icate
your acceptance, you must fax ESRI the signed quote In its entirety In order for the quote to be accepted. You wi I be
contacted by your Customer Service Representative If additional Information Is required to complete your reques
To expedite your order, either attach a copy of this quotation to your purchase order when it Is
remitted to ESRI, or sign below and return this quotation to Indicate your acceptance. ESRI's
address and fax number are provided on the first page of this quotation.
If your organization is a US Federal, state, or local government agency;
pay an invoice without having issued a formal purchase order, a signed
unless it is accompanied by your purchase order.
ill not
If you choose to discontinue your support, you will become Ineligible for
fees from the date of discontinuation will be due and payable if you decide
date.
services. All mainten nee
upport coverage at a Iter
igning below, you are authorizing ES
_____'!f.~
Title
This quotation is valid for 90 days and is subject to your ESRI Licen e Agreement. The quotation information is proprietary and may not be
copied or released other than for the express purpose of system sel ction and purchase/license. This information may not be given to outside
parties or used for any other purpose without consent from Environ ental Systems Research Institute, Inc. (ESRI).
Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your
organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax
exemption certificate issued by your state's taxing authority for the given jurisdiction.
Issued By: Mary Jo Weatherford
Ex!: 2245
{LUTZTI
To expedite your order, please reference your customer number and this quotation number on your purchase order.
~.:,~y_c:",
" . '\
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'. 0 N <~."'
VI.-CONSENT AGENDA
ITEM B.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~equested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl!: Dates in to City Clerk's Office MeetinlZ Dates in to City Clerk's Office
0 December 7, 2004 November 15, 2004 (Noon.) 0 February 1,2005 January 17, 2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15, 2005 January 31, 2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1, 2005 February 14,2005 (Noon)
0 January 18, 2005 January 3, 2005 (Noon) ~ March 15,2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: A motion to piggy-back a State Contract #600-760-00-1-7 for Mail Processing Equipment to
Pitney Bowes in the amount of $34,416.00 for a 48 month lease to include equipment, meter, maintenance, postage-by-phone
reset fees and scale/rate update fees.
EXPLANATION: The Current lease with Pitney Bowes on the postal meter for the City of Boynton Beach will expire on
June 10, 2005. The quote from Pitney Bowes is $717.00 per month utilizing the State Contract pricing. The model #
recommended by the sales rep of Pitney Bowes is DMIOOO for $642.00/month. The scale they recommend is a 15 Ib scale for
$ 75.00 per month, therefore a monthly lease cost of$717.00/month. We currently are under contract for the existing lease
with Pitney Bowes and the City Clerk, Janet Prainito is satisfIed with the service provided and therefore would like to
continue doing business with them. Other quotes were obtained from State Contract vendors but were higher than Pitney
Bowes. The disposal of the current machine will take place at training and installation of the DMIOOO.
PROGRAM IMP ACT: The purpose of this lease is to have a postage machine on the premises as opposed to taking our
mail to the post office every day.
~t~irector
c
(;
EXDenditllr~ (4) year lease: ~::~.
$34,416.~ . 0 . ..c,
/~. (~'u/f(/Ult-,6*~
CI Ma~ger' s Slgnatur :E; ::.~
~..
,J)
FISCAL IMPACT: City Hall EQuioment Rental:
001-1211-512-44-30
Procurement Services
Department Name
--t-q
"
esources C)
:z:
S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
C: Janet Prainito - City Clerk
File
1
2 RESOI~UTION NO. R- 05
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE "PIGGY-BACK" OF A STATE
7 CONTRACT #600-760-00-1-7 WITH PITNEY BOWES
8 FOR A 48 MONTH LEASE FOR MAIL
9 PROCESSING EQUIPMENT IN THE AMOUNT OF
10 $34,416.00; AND PROVIDING AN EFFECTIVE
11 DATE.
12
13 WHER~:AS, the current lease with Pitney Bowes for the postage meter will
14 xpire on June 10,2005; and
15 WHEREAS, upon recommendation of staff, it is the City's desire to enter into an
16 _ontract with Pitney Bowes. utilizing State Contract (#600-760-00-1-7) pricing for mail
17 roccssing equipment for a 48 month lease to include equipment, meter, maintcnance,
18 ostage-by-phone rcset fees and scale/rate update fces; and
19 NOW, THEREFORE, BE IT RESOI~VED BY THE CITY COMMISSION
20 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Thc foregoing "Whercas" clauses are hereby ratified and confirmed
21
22 s being true and correct and are hereby made a specific part of this Resolution upon
23 doption.
24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
25 pproves the "piggyback" of State Contract #600-760-00-1-7 to Pitney Bowes in the
Section 3.
The City Manager is hercby authorized and directed to execute said
26 mount of$34,416.00, for a 48 month lease of Mail Processing Equipment.
27
28 ontract between the City of Boynton Beach and Pitney Bowes, a copy of said Contract
29 eing attach cd hereto as Exhibit "A".
30
Section 4.
That this Resolution shall become effective immediately.
:\CA\RESO\Agreements\Bid Awards\Piggy-Back State - Pitney Bowes.doc
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1
PASSED AND ADOPTED this ~___ day of March, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
TTEST:
ity Clerk
Corporate Seal)
:\CA\RESO\Agreements\Bid Awards\Piggy-Back State - Pitney Bowes.doc
.=JeL. .
91 IF Pitney Bowes
Rental Account #
~__Ll_LLLL.J~EI
L
~ Your Business ',,-~,!nnation CAN #_-.!:!.~t / 743 tip,;;... ORDER #
Cr+-y 0-1\ Boyn-t1ln Beach_
BILLING ADDRESS lGu t Boyn+vVl Beh BIv-oI
zlP"4~3ct3G~~~. 50 J .1L}U;~I~ONTACT-=:E
STATE AND LOCAL GOVERNMENT TERM RENTAL AGREEMENT
fULL LEGAL NAME Of RENTER
DBA NAME
FL-
CITY_Bo)lVltc>n
:r ahe-t
S~ND INVOICE T~f_
STATE ~
EQUIPMENT LOCATION (IF NOT SAME AS ABOVE)
CITY
CREDIT CARD #
TAX EXEMPT # eX)
EXP DATE
NAME ON CARD
TYPE
SALES TAX IF APPLlCARL
fiSCAL PERIOO FROM
TO
RENTER POt_
~ Your Business Needs
1
CHECK f1BlfS 10 BE INCLUDED IN YOUR PERIOD PAYMENT
1'>( Equipment Maintenance Agreement On Renlal
~SoIt-Guanl Agreement
~,
1M Software Maintenance Agreement
)>q MeIer On Rental
Payment Schedule I Billing
~ Your Payment Plan
Initial Rental Term: {j 8
Frequency Ij() Monthly [I Quarterly I I Other (specify_____J
~.
':J Rental Tenns and Conditions
~_'::IEL montlls $ 1 \ 7 . 00 per month
Next ,---- __~onlt1s ---- $ per month
Next month~ $ per month
Rnal Payment $ 100.00
---
By your signature as "Renter" below, you request that we rent to you the equipment described above or on any schech
attached hereto (the "Equipmefll:") for essential governmental PUI'\XlSllS in consideration of your payment to us of the amou
set forth in the Payment Schedule, subject to the tenns and conditions provided ill this Agreement. for purposes of thi
Agreement, all payments set forth in the Payment Schedule shall be referred to as the "Tolal Payments." The paymerr
referred to in the Payment Schedule other than the "Rnal Payment" shall be referred to singularly as a "Period Paymel
and collectively as the "Period Payments." Your offer will be hinding on us when we accept it by having an authorized
employee sign it. All payments hereunder shall be payable only to us al our executive offices unless we direct you
otherwise in writing.
Initial Check Amount
SIGNATURE Q
PRINT NAME &2.
PB ACCOUNT REP NAME
$
1. NON-APPROPRIATION. You warrant that you have funds available to pay the Total Payments untillhe end 01 your
current fiscal period, and shall use your best efforts to obtain funds to pay the Total Payments in each subsequent fisc;
period through the end of your Initial Term. "your appropriation request to your legislative body, or funding authority
("Governing Body") for funds to pay the Total Payments is denied, you may terminate this Agreement on the last day 01
fiscal period for which funds have been appropriated, upon (I) submission of documentation reasonahly satisfactory to
evidencing the Governing Body's denial of an appropriation sufficient to continue this Agreement for the next succeedi
fISCal ~riod. and Oi) satisfaction of all charges and obligations under this Agreement incurred through the end of the fi
period for which funds have been appropriated, includ"mg the return of the EQUipment at your expense.
...~. ..!iTLE <!D______~
~ DATE @
--- -.
DISTRICT NAME & # E,oC!:A ...::..oGj
jS 'hkv
.. EMPLOYEE # .. ll'i(P {'
PB ACCEPTED BY
TITLE
DATE
EXECUTIVE OFFICE: 27 WATERVIEW DR . SHELTON, CT 06484-4361 . EQUIPMENT VENDOR: PITNEY BOWES, INC. . FOR SALES AND SERVICE CALL '-800-322.BOOD
WHITE COPY P8CC . PINK COPY PITNEY BOWES INC. . YELLOW COPY CUSTOMER
PAGE 1
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CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 10-Feb-05
Requesting Department: City Clerk's Office'
Contact Person: Janet M. Prainito
Explanation for Purchase:
Current lease expiring on postage equipment on June 10, 2005,
I Recommended Vendor Pitney Bowes
I Dollar Amount of Purchase $717 per month for 48 months totaling $34,416
30urce for Purchase (check and attach backup materials):
Three Written Quotations D GSA D
State Contract EJ PRIDE/RESPECT D
SNAPS D Sole Source D
Piggy-Back D Budgeted Item D
Emergency Purchase D Other D
Contract Number: 600-760-00-1
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
001-1211-512-44-30 - City Hall Equipment Rental
Approvals:
Depart~ent Head~ fY),
Purchasing Agen f
'\sst City Manager
City Manager
p~
Date
Date
Date
Date
,4-10-05"""
Form Revised 02/01/02
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Mary Munro
Budget Coordinator
FROM:
Janet Prainito
City Clerk
DATE:
February 10, 2005
1='1=9 'f\ 701'15
, c..'. ~ ,_ " f~,.\,J 0
RE:
Postage Meter Lease
~~-,:~,:~\~:lMJj-'~:_,--,--,'.'
COPY:
Joyce Costello, Central File
The City of Boynton Beach postal meter lease will expire on June 10, 2005. Attached is
a quote from Pitney Bowes to piggyback State Contract #600-760-00-1 pricing. The
total monthly price for a standard 48-month term is $717 per month for a total
expenditure of $8,604 per year times four years equalling $34,416 to be charged to
Account #001-1211-512-44-30.
Please schedule for the next agenda. Attached is the Pitney-Bowes proposal along
with their agreement to be executed by the City Manager and City Attorney.
Thank you.
./,
(-n..Iit<.t '/1'),
)
/1 .
fA~\
Attachments
S:\CC\WP\Pitney Bowes\MEMO to request new lease OZ-10-05.doc
DMIOOO with Weie:h-on-the-Wav Technolol!V
. Basic 25 Department Accounting Package
. Drop Stacker
I
. Intellilink futerface/PSD
. 15 lb. interfaced weighing scale
. 15/30 lb. scale platform
'\)ek~\e. m~teQ...
* * *Prices are configured using State Contract 600-760-00-1 pricing. All
pricing includes equipment, meter, maintenance, postage-by-phone reset
fees and scale/rate update fees. Disposal of current machine will take place
at training and installation of the new DMIOOO.
Total Monthly Price for standard 48-month term: $717.00
~.
9iTi'F Pitney Bowes
Bethany Filer
Account Executive
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Pitney Bowes Global Mailing Systems
14361 Commerce Way
Miami lakes, fl33016 - 1585
800-322-8000 X 21010
561-758-3861 Cell
561-434-6052 fax
bethanyfiler@pb.com
www.pitneybowes.com
PURCHASE TERM RENTAL
W/l\1AINT & METER
LEASED ANNUAL lVR >YR <YR
ITEM DESCRlPTIQN DISC LEMA PRlCE MAINT MTHLY MTHL Y MTHLY
METER $
MAILING MACHINES - HIGH VOLUME
MAILING MACHINES - DM900 and 1000
DM900 System - Non-WOW (Base Package), includes USPS
SPLK Dom/lntl Rates, Carrier Rates, (UPS, FedEx, Airborne, DHL), 50 126 12,057 1,260 699 538 457
25 Dept Accounting; DM Series leases include full SoftGuard
protection for rate changes.
OM900 System - Non-WOW, includes USPS Dom/lntl Rates,
SPL8 Carrier Rates (UPS, FedEx, Airborne, DHL), 100 Dept 50 126 14,768 1,260 820 622 523
Accounting, PC Interface; OM Series leases include full
SoftGuard protection for rate changes.
DM900 System - Non-WOW includes USPS Dom/Intl Rates,
SPL9 Carrier Rates (UPS, FedEx, Airborne, DHL), Power Stacker, 50 158 16,893 1,579 944 717 604
300 Oept. Accounting, J624 Laser Printer; DM Series leases
include full SoftGuard protection for rate changes.
DM900 System - WOW (Base Package), includes USPS
Dom/lntl Rates, Carrier Rates (UPS, FedEx, Airborne, DHL),
SPMT 25 Oept Accounting; OM Series leases include full SoftGuard 50 130 16,307 1,305 892 673 563
protection for rate changes. Annual SoftGuard agreement is
available on
DM900 System - WOW, includes USPS Dom/Intl Rates,
SPMD Carrier Rates (UPS FedEx, Airborne, DHL), 100 Dept 50 130 19,018 1,305 1,014 756 628
Accounting, PC Interface; DM Series leases include full
SoftGuard protection for rate changes.
DM900 System - WOW includes USPS Dom/Intl Rates, Carrier
SPME Rates (UPS, FedEx, Airborne, DHL), Power Stacker, 300 Oept. 50 162 20,931 1,624 1,127 845 704
Accounting, J624 Laser Printer; DM Series leases include full
SoftGuard protection for rate changes. Annual SoftGuard agre
SPWN DM 1000 Non WOW Base Pkg Incls USPS Dom/lnt'J Rates, 50 151 12,755 1,521 752 583 498
Carrier Rate Pkg, Oiff Wtg.,25 Dept Acctg.
SPWR DMIOOO non-WOW includes 300 dept acctg 50 151 15,555 1,521 878 669 565
SPWS DMIOOO System - Non - WOW Includes Power Stacker, DMC5 50 183 18,105 1,840 1,019 777 656
Console, 300 Oept Acctg, J624 Laser Printer
SPWT OM 1000 WOW Base Pkg Incls USPS Dom/Int1 Rates, Carrier 50 177 17,685 1,791 996 759 641
Rate Pkg, Differ Wtg, 25 Oept. Acctg.
SPWV DMIOOO System - WOW Includes 300 Dept Acctg 50 177 20,485 ],791 1,121 846 708
SPWX DMIOOO System - WOW Includes Power Stacker, OMC5 50 210 23,035 2,110 1,263 954 799
Console, 300 Oept Acctg, J624 Laser Printer
Packages Bundled with Budget Manager Departmental Accounting (500 Accounts)
SPVV OM 1000 System - NON-WOW with Budget Manager 50 151 16,235 1,521 908 690 581
Departmental Accounting
SPVW OM 1000 System - NON-WOW with Budget Manger 50 183 19,125 1,831 1,065 808 680
Departmental Accounting, Power Stacker, J624, COnsole
SPVX OMIOOO Sysem - WOW with Budget Manager Departmental 50 177 21,165 2,025 1,151 867 724
Accounting
SPVY DMIOOO Sysem - WOW with Budget Manager Departmental 50 209 24,225 2,101 1,316 990 827
Accounting, Power Stacker, J624, Console
DMIOOO Packages to be used for Cost Management Accounting Package
OMIOOO System ~ WOW, Power Stacker, J624, Console
SPYW "Must add SPMK Budget Manager Professional Installation @ 50 209 21,250 2,101 1,183 898 756
$234**Must add accounting subscription at Sl20/month"
OM 1000 System. NON-WOW, Power Stacker, J624, Console
SPYX "''''Must add SPMK Budget Manager Professional Installation @ 50 183 15,725 1,831 913 703 599
$234"''''Must add accounting subscription at S120/month**
DMAccessorles
lFAI Basic Accounting (25 Dept) Software for DM500/550/800/900 0 0 0 0 0 0 0
IFA2 Enhanced Accounting (100 Oept) Software for 0 0 760 0 34 23 18
DM500/550/800/900
IFA3 Enhanced Accounting (300 Dept) Software for 0 0 2,380 0 106 74 57
DM500/550/800/900
IFA5 Cost Management Package: 1500 Accounts - Monthly N/A 0 N/A N/A 120 120 120
Subscription (Billed against PCN I COO)
IFCO Carrier Rate Package (Standard Rates: UPS, FedEx, Airborne, 0 0 420 0 19 13 10
DHL) for new OM500/DM550/DM800/DM900
Page 1
PURCHASE TERM RENTAL
\V/ MAINT & METER
ITEM DESCRIPTION LEASED DISC LEMA PRIO: ANNUAL lYR HR 'YR
METER $ MAINT l\lTIILY MTHLY MTIILY
IFWI Differential WeighingIManual Weight Entry (DM800/900); 0 0 505 0 23 16 12
"'You MUST add IFWO.
IFW4 5 Ib Integrated Weighing (DM500/550 only); 0 0 1,587 0 71 49 38
IFW5 15 Ib Interfaced Platform (DM500/550/800/900) 0 13 2,652 122 130 93 75
IFW6 30 lb. Interfaced Platform (DM500/550/800/900) 0 13 3,029 122 146 105 85
IFW7 70 lb. Interfaced Platform (DM500/550/800/900) 0 16 4,135 158 199 143 114
IFW8 149 lb. Interfaced Platform (DM500/550/800/900) 0 16 4,871 158 232 165 132
SPMS Package Manager Option I 0 42 5,945 420 346 268 229
SPMJ Package Manager Option 2 0 65 6,795 644 404 315 270
F8DA Confirmation Services Training (DM800/900) 0 a 55 0 2 2 1
F990a09 DM Series Scale Stand 0 0 76 0 3 2 2
F9SA DM Series Professional Installation 0 0 114 0 5 4 3
Postage Meter Interface Kit. Contains External PBIO & Meter
1796038 Interface Cables. Interface to Ascent / Ascent Solo (Must be 0 0 590 0 26 18 14
ordered if interfacing to a Postage Meter) ""fyou order a
GalaxylPower Stkr Config., you must order a USPO(Par.Cons])
Console for Galaxy ""fyou order a Ga]axylPower Stacker
U7CI Configuration, you must order the USPO (Paragon Console); 0 0 798 0 36 25 19
also DM800/900 Console with built in drop stacker
Power Stacker for Galaxy ""fyou order a Galaxy/Power Stacker
U7PS Configuration, youmust order the USPO (Paragon Console); also 0 23 1,385 220 82 63 54
Power Stacker for DM800/900/1000
UC3a Console (Power Stacker Compatible) 0 I 1,155 0 52 37 29
SPY8 J624 Laser Printer for reports 0 10 675 99 39 30 25
DMC5 OM 1000 Console (Drop or Power Stacker compatible) 0 0 1,156 0 52 36 28
Z5DF OM Series AccuTrac Interface (AccuTrac SA or HT V3.0 and a 0 591 0 26 18 14
above)
Z5DE OM Series AccuTrac Interface (AccuTrac HT V2.0) 0 0 1.160 0 52 36 28
Page 2
PURCHASE TERM RENTAL
W/MAINT & METER
LEASED ANNUAL 2YR HR 4YR
ITEM DESCRIPTION DISC LEMA PRICE MAINT MTHLY I\ITHL Y MTHLY
METER S
ELECTRONIC SCALES
Integra Scale Line - 0 - 2 Ib Electronic Scale - USPS 1st
3KOO "'SoftGuard is inc]udedat no charge for leased Integra Scales for 0 6 653 60 35 26 22
the initial term of the lease. Note:AII Integra's meet FCC Class
A; all are UL Approved, all are .1 oz. minimum increments
Integrn. Scale Line - 0 - 3 Ib Electronic Scale *SoftGuard is
4KOO included at no charge for leased Integra Scales for the initial 0 7 874 67 45 34 28
term of the lease. Note: All Integra's meet FCC Class A; all are
UL Approved, all are .1 oz. minimum increments.
Integra Scale Line - 5 LB E]ectronic Scale Replacement For
N500 *SoftGuard is included at no charge for leased Integra
5KOO Scales for the initial term of the lea se. Note: All Integra's 0 9 1,712 86 84 61 50
meet FCC Class A; all are UL Approved, al] are .1 oz. minimum
incremen
Integra Scale Line ~ 0 - 15 Ib Electronic Scale *SoftGuard is
6KOO included at no charge for leased Integra Scales for the in itial 0 12 2,652 116 129 93 75
term of the lease. Note: All Integra's meet FCC Class A; all are
UL Approved, all are. I oz. minimum increments.
Integra Scale Line - 0 - 15 LB Electronic Scale With Differential
6KOI Weighing and Optional Carriers *SoftGuard is included at no 0 12 3,179 116 152 109 87
charge for the leased Integra Scales for the initial term of the
lease. Note: All Integra's meet FCC Class A; all are UL Approv
INTEGRA 30 - 0 ~ 30 Ib Electronic Scale "'SoftGuard is
7KOO included at no charge for leased Integra Scales for the initial 0 13 3,154 120 152 109 88
term of the lease. Note: All Integra's meet FCC Class A; all
are UL Approved, all are .1 oz. minimum increments.
Integra Scale Line - 30 LB Electronic Scale With Differentia
Weighing and Optional Carriers "'SoftGuard is included at no
7KOI charge for leased Integra Scales for the initial term of the lease. 0 13 3,893 120 185 132 105
Note: All Integra's meet FCC Class A; all are UL Approved, all
a
INTEGRA 70 - 0 - 70 lb Electronic Scale "'SoftGuard is
9KOO included at no charge for leased Integra Scales for the initial 0 15 4,285 151 205 146 117
term of the lease. Note: AU Integra's meet FCC Class A; all are
UL Approved, all are .1 oz. minimum increments.
Integra Scale Line -70 LB Electronic Scale With Differential
9KOI Weighing and Optional Carriers "'SoftGuard is included at no 0 15 5,250 151 248 176 140
charge for leased Integra Scales for the initial term of the lease.
Note: All Integra's meet FCC Class A; all are UL Approved, all
B596005 A523 - INTERFACE KlTS FOR ALL INTEGRA SCALES Post 0 0 0 0 0 0 0
Perfect™ (B900 on E210/E500, DM Series)
B5960JO 582H ~ CLASSIC - Interface Kit for B900 0 0 0 0 0 0 0
B5MS A523 Component INTERFACE KITS FOR ALL INTEGRA 0 0 0 0 0 0 0
SCALES 6900 (A900/6500 on E2101E500)
G790 5 Ib Scale Platforms for E700 meter 0 0 76 0 3 2 2
SPJ8 INTEGRA 15 - 6K I 0 Remote Platform 15 Ib Interface to 0 12 3,170 116 152 109 87
A900/6500
SPJ9 INTEGRA 30 - 7K 1 0 Remote Platform 30 lb. Interface to 0 12 3,548 120 169 120 96
A900/6500
SPJA INTERFACE KITS FOR ALL INTEGRA SCALES 9KJO 0 15 5,121 151 242 172 137
Remote Platform 149.91b Interface to A900/6500
SPJD INTERFACE KITS FOR ALL INTEGRA SCALES 9KJO 0 15 5,121 151 242 172 137
Remote Platform 149.9 lb. Interface to B900
SPJF INTEGRA 15 . 6K I 0 Remote Platform 15 Ib Interface to B900 0 12 3,170 116 152 109 87
SPJG INTEGRA 30 - 7KlO Remote Platform 30 lb. Interface to 8900 0 12 3,548 120 169 120 96
Page 2
Pitney Bowes Credit Corporation (PBCC)
NOTI,::
Pitney Bowes Credit Corporation (PBCC)
O.RP.!3RlNG INSTRUCTIONS
(For Leases/Term Rentals)
ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER:
VENDOR: Pitney Bowes Credit CorpQG!tion (PBCg
iAl-..
STREET ADDRESS OR P.O. BOX:_182LC<!pita] Circle NE. Suite
]0] _____ .
CITY, STATE, ZIP: Tallah<!~ee. FL 32308-
445.5
TELEPHONE: 800-322-8000 ex!.
22.165.____
TOLL FREE NO 800-322-8000 ex!.
22]65 _______
ORDERING FAX NO.: 407-332-
00Q8___ ___ 0
REMIT ADDRESS:LO.J3ox
85460_____
CITY, STATE, ZIP: Louisville. KY
40285__
PRODUCT
INFORMATION: DIRECT INQUIRY TO:
NAME AND TITLE: Chip Davin. Government ACl;Qunt
Manager..o_._ ------
~
ADDRESS: ]827 Capital Circle NE. Suite
"'-..
CITY, STATE, ZIP: Tallahassee. FL
32308
TELEPHONE: 800-322-8000 ex!.
22165
TOLL FREE NO.: 800-322-8000 ex!,
22162...______
URL HOME PAGE ADDRESS:
http://www.myflorida.com!st contracts/ 6007 60001/ order4 .h1m
Page] of2
2/10/2005
Pitney Bowes Credit Corporation (PBCC)
Page 2 of2
http)/www.pb.comlstates/florida
ELECTRONIC MAIL ADDRESS...
chi]2.davin@Jlb_cGOI1L___ _________~___
(Rev 24 Mar 04)
http://www.myflorida.comlstcontracts/600760001/order4.htm
2/10/2005
~"w,
~0
JEB BUS!I, GOVERNOR
The Administrative and Operations Arm
f!! Florida's Government
.
DEPARTMENT OF MANAGEMENT
SERVICES
\VILLTAM S. SIMON, SECRETARY
Sui1c 315
CERTIFICATION OF CONTRACT
TITLE: Mail Processing Equipment
CONTRACT NO.: 600-760-00-1
BID NO.: 15-600-760-K
EFFECTIVE; February 21, 2000 through February 20, 2005
RENEWAL February 21, 2005 through February 20, 2006
(Rev 25 Jan 2005)
SUPERSEDES: 600-760-97-1
CONTRACTOR(S):
Hasler, Inc. (A)
Francotyp-Postalia, Inc. (A)
American Business Systems (M)
Pitney Bowes (A)
(Rev 7 April 04)
A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of
Management Services on February 9, 2000, a contract has been executed between the
State of Florida and the designated contractors.
B. EFFECT - This contrac1 was entered into to provide economies in the purchase of Mail
Processing Equipment by all State of Florida agencies and institutions. Therefore, in
compliance with Section 287.042, Florida Statutes, all purchases ofthese commodities
shall be made under the terms, prices, and conditions of this contract and with the
suppliers specified.
C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance wi1h
the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive
of all Federal, State and local taxes.
All contract purchase orders shall show the State Purchasing contract number, product
number, quantity, description of item, with unit prices extended and purchase order
totaled. (This requirement may be waived when purchase is made by a blanket purchase
order. )
STATE PURCHASING. 4050 ESPLANADE \Y/ AI'. TALL\I-IASSEE, FLORID,'\. 32399-0950 . TELEPI lONE: 850-488-8440 . 1'1\..>;:; 850A 14-6122
D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform
according to the requirements of this contract on Complaint to Vendor, form PUR 70] 7.
Should the vendor fail to correct the problem within a prescribed period of time, then form
PUR 7029, Request for Assistance, is to be filed with this office.
E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for
your information. Any restrictions accepted from the supplier are noted on the ordering
instructions.
F. CONTRACT APPRAISAL FORM - State Contract Appraisa], form PUR 7073 should be used
to provide your input and recommendations for improvements in the contract to State
Purchasing for receipt no later than 90 days prior to the expiration date of this contract.
Authorized Signature
ke/kla
Attachments
CONTRACT ADMINISTRATOR
SUSAN BARR
PHONE: (850) 487-6592
SUNCOM 277-6592
E-MAIL: barrs\aldms.state.t1.us
nii%F:."com
#0
The Administrative and Operations Arm
if Florida's Got'emment
.
DEPARTMENT OF MANAGEMENT
SERVICES
lEE BUSH, GOVERNOR
WILLIA1f S. SIMON, SECRETARY
Suite 315
January 25, 2005
MEMORANDUM NO.:
(600- 7 60-00-1)-7
TO:
User Agency
FROM:
Direc10r, Sta1e Purchasing
SUBJECT:
Contract No. 600-760-00-1
Ti1le: Mail Processing Equipment
The subject contract has been renewed from February 21,2005 through February 20,2006.
Any questions or problems in delivery or service that may arise regarding this contract should be
directed to the Contract Administrator.
DSPI
STATE PURCHASING. 4050 ESPLANADE WAY. T All..AHASSEE, FLORlDA 32399-0950 . TELEPHONE: 850-488-8440 . FAX: 850-414-6122
MyFiorlda.com
~
\l
The Admimstrative and Operations AnJJ
ofPlorida's GOt'ernlllent
.
DEPARTMENT OF MANAGEMENT
SERVICES
JEB BUSH, GOVERNOR
\VILLIAM S. SIMON, SECRETARY
Suite 315
October 14, 2004
MEMORANDUM NO.:
( 600- 7 60-00-1 )-6
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT:
Contract No. 600-760-00-1
Title; Mail Processing Equipment
The Contract Administrator has been changed from Steve Poole to Susan Barr.
Any questions or problems in delivery or service 1hat may arise regarding this contract should be
directed to the Con1ract Administrator.
DSP/
STATE PURCHASING. 4050 ESPJA"JADE WAY. TALLAH.ASSEE, FLORIDA 32399-0950. TELEPHONE; 850-488-8440. PAX; 850-414-6122
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The Administrative and Operations Ann
ofFlon'da's Government
.
DEPARTMENT OF MANAGEMENT
SERVICES
JEB BUSH, GOVERNOR
WILLIA11 S. SIMON, SECRETARY
Suite 315
April 7, 2004
MEMORANDUM NO.:
(600-760-00-1 )-5
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT:
Contract No. 600-760-00-1
Title: Mail Processing Equipment
The Contract Administrator has been changed from Tom Butler to Steve Poole.
Any questions or problems in delivery or service that may arise regarding this contract should be
directed to the Contract Administrator.
DSP/
STATE PURCHASING. 4050 ESPLANADE WAY . TALLAHASSEE, FLORIDA 32399-0950 . TELEPHONE: 850-488-8440 . FAX: 850-414-6122
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The Administrative ami Opera/ions Arm
ofF/onda's GOl'emlJJent
.
DEPARTMENT OF MANAGEMENT
SERVICES
IEB BUSH, GOVER.,>\lOR
\X1ILLlA11 S. SIMON, SECRETARY
July 15,2003
MEMORANDUM NO.:
(600- 7 60-00-1 )-4
TO:
User Agcncy
FROM;
Director, State Purchasing
SUBJECT:
Contract No. 600-760-00-1
Title: Mail Processing Equipment
This contract has been revised to add Amcndmcnt I in support of My Florida MarketPlace. Thc
amendment can be viewed bclow.
Any questions or problems in delivery or service that may arise regarding this contract should be
directed to Tom Butler at (850) 488-7804, Suncom 278-7804, e-mail: butlertla1dms.state.f1.us.
/tb
STATE PCRCIIASING. 4050 ESPL\NADF. \'('J\V. TAIJ.Al!ASSEF., FJ.oR!DA 32399-0950. TEJ-EPIIONE: 850-488-8440. FAX: 850-414-6122
e
FLORIDA DEPARTMENT OF
MANAGEMENT SERVICES
~-
JEB BUSH
Governor
WILLIAM S. SIMON
Secretary
State Term Contract No. 600-760-00-1
Amendment No.1
THIS AMENDMENT, effective as of the last date signed below, is by and between the
State of Florida Departmen1 of Management Services (the "Department") and the entity
iden1ified below as Contractor (the "Contractor") (collectively, the "Parties"), and amends State
Term Contract No. 600-760-00-1 (the "Contract").
WHEREAS the Department is implementing an electronic procurement system,
currently known as MyFloridaMarketPlace, (the "System") with the assistance of a third-party
agent, Accen1ure LLP ("Accenture"); and
WHEREAS the Department wishes to include the Contractor and the Contract in the
System; and
WHEREAS the Contractor desires to participate in the System; and
WHEREAS the Contract allows modifications in the event an electronic procurement
system is implemented.
THEREFORE, in consideration of the mutual promises contained below, and other good
and valuable considera1ion receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1. Registration. The Department shall allow the Contractor, following effective
registration with Accenture, to participate in the System. The Contractor shall register in the
System within ten (10) business days of the effective date of this Amendment. Contractor shall
visit www.mvfloridamarketplace.com and follow the appropriate instruction in order to register.
2. Transaction Fee. The Parties hereby agree that the following additional section shall
apply to all sales under the contract. This Transaction Fee is in lieu of, and not in addition to, the
surcharge fee authorized by section 287.1345, Florida Statutes (2002).
Transaction Fee
The Department has instituted a statewide eProcurement System ("System"), with the
assistance of a third-party agent, Accenture LLP ("Accenture"). All transactions from
this Contract shall be deemed a "transaction processed through the eProcurement
STATE PURCHASING. 4050 ESPLANADE WAY, SUITE 350, TALLAHASSEE, FLORIDA 32399-0950
Telephone: 850-488~8440 . Fax: 850-488.5498
System" as that term is used in the contract betwccn the Department and Accenture.
Pursuant to sec1ion 287.057(23), Florida Statutes (2002), a Transaction Fee of one
percent (1.0%) of the total dollar amount of each purchase order shall apply to all
purchases from this Contract. The fee shall be paid by the Contractor, and shall not be
added to purchase orders as a separate item. Because the Transac1ion Fee will be used, in
part, to compensate Accenture for the development, operation, and maintcnance of the
System, Accenture is an intended third-party beneficiary of this paragraph imposing thc
Transaction Fee on transactions from this Contract.
For payments within the State accounting system (FLAIR or its successor), the
Transaction Fee shall, when possible, be automatically deducted from payments to the
Contractor. If automatic deduction is not possible, whether within or without the State
accounting system, Accenture shall either (I) cstablish with 1he Customer an automa1ed
process for billing and collec1ing the Transaction Fee from payments that arc made to the
Contractor or (2) rely upon the Contractor to sclf-report and pay the Transaction Fee
pursuant to processes that Accenture may establish. By submission of these reports and
corresponding Contractor deposits, Contractor is certifying their correctness. All such
reports and fee deposits shall be subject to audit by the State.
Contractor shall receive a credit for any Transaction Fcc paid by the Contractor for the
purchase of any itcm(s) if such item(s) are returned to the Contractor through no fault,
act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is
non-refundable when an item is rejected or returned, or declined, due to the Contractor's
failure to perform or comply with specifications or requirements of the applicable
purchase order or Contract.
Contractors shall be responsible for reporting sales and paying Transaction Fees resulting from
sales made by authorized resellers.
Failure to comply with these requirements shall cons1itute grounds for declaring the
Contractor in default and recovering reprocurement costs from the Contractor in addition
to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING
TRANSACTION FEES MAY BE EXCLUDED FROM BIDDING ON
DEPARTMENT CONTRACTS.
3. Electronic Invoicing. Notwi1hstanding any provision of the Contract, the Contractor
shall supply elec1ronic invoices in lieu of paper-based invoices for those transactions processed
through the System. Electronic invoices shall be submitted to the Customer through the Ariba
Supplier Network (ASN) in one of the following mechanisms - ED! 810, cXML, or web-based
invoice entry within the ASN.
'"~'''''''''~~'''''','"'''-'4,.'''4;'''_'''''
4. Catalog Data. Accenture is responsible for converting Contract catalog information
into a format supported by the System. To accomplish this conversion, the Contractor shall
provide certain information in electronic format directly to Accenture; alternatively, the
Contractor may follow the "punch out" solution described in more detail below.
Within ten (10) days of written notice from Accenture, Contractor shall provide all
information necessary to facilitate electronic purchases from this con1ract, or shall con1act
Accenture and begin work on the "punchout" solution described below. Such informa1ion may
include, but is not limited to, Contractor name, SKU, brand/manufacturer, product name and
brief description, unit of measure, and price. Contractor shall provide this information in the
format requested by Accenture. No costs or expenses associated with providing this information
shall be charged to the Department, Customers, or Accenture. With Contrac10r's timely
assistance, Accenture shall create and maintain web-based placement of the requested contract
information.
"Punchout" Alternative
The Contractor may offer, as an alternative to providing the information discussed above, an
online "punchout" solution, in which the Customer accesses the Contractor's website directly
from the System, rather than the System maintaining the Contractor's data. This solution must
allow the Customer to reach the Contractor's site, browse for contracted items only, and return to
the System with a list of items ready to be inserted into a requisition. If Contractor selects this
alternative, it must mee1 the following requirements:
The solution must conform to cXML 1.0 or 1.1 standards.
The solution must conform to the 1echnical specifications and implementation requirements
provided by Accenture, and the Contractor mus1 work with Accenture to ensure successful
integration of the punchout solution into the System
The solution must have the capability to provide only those products awarded under the contract,
and block any non-contract item(s) from being added to the requisition.
Warranty
For the purposes of this section, the Contractor warrants and represents that it is authorized and
empowered to and hereby grants the Department and Accenture the right and license to use,
reproduce, transmit, distribute and publicly display within the System the information outlined
above. In addition, the Contractor warrants and represents that it is authorized and empowered
to and hereby grants the Department and Accenture the right and license to reproduce and
display within the System the Contractor's trademarks, system marks, logos, trade dress or other
branding designation that identifies the products made available by the Contractor under the
Contract.
If the Contractor is not the manufacturer, it shall be the Contractor's responsibility to obtain
authorization from the manufacturer to comply with the provisions of this section, including
securing any intellectual property rights of the manufacturer. If the Contractor is the
manufacturer, it shall only authorize dealers, outlets, distributors, value-added resellers, etc.
within their network that can comply with the provisions of the Contract.
5. Additional Modifications. The Department reserves the right to further revise thc
collection and reporting requirements in conjunction with alterations to the System.
6. Conflict. In the event any of the terms herein conflict with the terms of the Contract,
thc terms of this Amendment shall control. All other terms of the Contract remain in full forcc
and effect. Contractor waives and releases any and all claims for additional compensation
arising out of or relating to this Amendment.
7. Warranty of Authority. Each person signing this Amendment warran1s that he or
she is duly authorized to do so and to bind the respective party.
SO AGREED:
CONTRACTOR
Contractor Name
Address
By:
Its;
Date
STATE OF FLORIDA,
DEPARTMENT OF MANAGEMENT SERVICES
By:
Date
Approved as to form and legality by the Department General Counsel's Office:
Date
......~'.....,,',',."'.~_.,,',-., - ,^",..,. "-
FLORIDA
DEPARTMENT
OF
MANAGEMENT
SERVICES
JEB BUSH
GOVERNOR
SIMONE MARSTILLER
INTERIM SECRETARY
MyFlorida. com
STATE PURCHASING
4050 ESPLANADE WAY
SillTE 350
TALLAHASSEE, FLORIDA
32399-0950
TELEPHONE:
850-488-8440
FAX:
850-488-5498
INTERNET:
www.MyFLORIDA.COM
January 6, 2003
MEMORANDUM NO.:
(600-760-00- I )-3
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT:
Con1ract No. 600-760-00- I
Title: Mail Processing Equipment
The following changes have been made to the subject contract:
I) American Business Systems-Neopost is updating their product
list and pricing.
2) Ascom Hasler Mailing Systems, Inc. has changed its name to
Hasler, Inc.
3) Francotyp-Postalia is making dealer revisions. Automated
Systems, Inc. has been added as an authorized Francotyp-Postalia
dealer. A-I Business Systems, Paragon Business Systems,
Evcor-Tampa, and U.S. Toner and Copier have been removed
from the authorized dealer list.
4) The Contract Administrator has been changed from Karen Esser
to Tom Butler.
All product and pricing updates have been verified in accordance with the
provisions stated in the "Prices" section of the contract's "Special
Conditions". All product changes have been verified as meeting or
exceeding the original specifications of the contract. Any questions or
problems in delivery or service that may arise regarding this contract should
be direc1ed to Tom Butler at (850) 488-7804, Suncom 278-7804, e-mail:
butlert(aJ,dms.state.fl. us.
/tb
FLORIDA
DEPARTMENT
OF
MANAGEMENT
SERVICES
.lEB BUSH
GOVERNOR
CYNTHIA A. HENDERSON
SECRETARV
MyFlonda. com
STATE PURCIIAS1NG
4050 ESPLANADE WAY
SUITE 350
TALLAHASSEE, FLORIDA
32399-0950
TELEPHONE:
850-488-8440
FAX:
850-414-6122
INTERNET:
www.MyFLORIDA.COM
Suite 315
June 27, 2001
MEMORANDUM NO.:
(600-760-00-1)-2
TO:
Department Addressed
FROM:
Matthew R. Jeppson
Director, State Purchasing
SUBJECT:
Contract No. 600-760-00-1
Title: Mail Processing Equipment
Effective with this revision, each of the manufacturers/contractors will
maintain new equipment configurations and pricing on their individual
websites as required by the special condi1ions of this contract; the original
price list will be available from the contract as long as it is in effect. All
updates to the websites must have prior approval of the contract
administrator before being released to the agencies. The award index (pagc
17), has been updated to include the correct URL addresses for each of thesc
contractors' websites.
Ascom-Hasler has authorized Modular Mailing Systems to assume thc
management of their contract website and other related duties; however, the
original policies and procedures for acquiring meters remains intact as
published in the contract. Modular Mailing's ordering instructions are being
updated as well.
Franco- Typ Postalia has a new contact person in addition to new authorized
dealers. This is reflected in the ordering instructions. The A-I Business
Sys1ems supplemental equipment price list has been revised and will
continue to be available from the state contract website.
Any ques1ions or problems in delivery or service 1hat may arise regarding
this contract should be directed to Karen Esser at (850) 488-7804, Suncom
278-7804, esserkla1dms.state.f1.us
MRJ/ke/meb
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~"m
The Administratiz,'e and Operations Ann
ofFJorida's Government
DEPARTMENT OF MANAGEMENT
SERVICES
\\llLLlAM S. SIMON, SECRETARY
lEE BUSH, GOVERNOR
Suite 315
June 27, 2000
MEMORANDUM NO.;
(600-760-00-1 )-1
TO; Department Addressed
FROM: Paul A. Rowell
Deputy Secretary
SUBJECT; Contract No. 600-760-00-1
Title: Mail Processing Equipment
Please make the following changes in the subject contract:
Delete:
Add: Certification Page and Pages 12-123* *(Rev 7 JulOO)
Certification Page and Pages 12-104
This contract is being revised as follows;
. Ascom-Hasler is adding new equipment, and revising the Ordering Instructions. In addition
to the Ascom Meters, Modular Mailing Systems has been authorized to offer peripheral
equipment from PFE, Rena, Datatech, Duplo, and OPEX; this information has been included
in the Ascom section.
. Franco-Typ postalia is adding new equipment and revising the Ordering Instructions. In
addition to the Franco-Typ postalia meters, A-I Business Systems has been authorized to
offer peripheral equipment from Asmarc, Datatech, Duplo, posTech, Ultra Systems, MOS
International, MicroGeneral, and Deteco. This has been included with the postalia section.
. American Business systems-Neopost is adding new equipment and revising the Ordering
Instructions.
. Pitney Bowes is adding new equipment and revi~ing the Ordering Instructions.
Any questions or problems in delivery or service that may arise regarding this contract should be
directed to Karen Esser at (850) 488-7804, Suncom 278-7804, email: esserkialdms.state.fl.us
PARlke/sec
STArE PURCHASING. 4050 ESpLANWE WAY. TAlLAlIASSFF, PUlR1DA 32399.0950. TELEPHONE' 850_488-8440. FAX' 850-414-6122
VI.-CONSENT AGENDA
ITEM 8.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must he Turned Requested City Commission Date Final Form Must be Turned
Meetine Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office
0 December 7, 2004 November 15,2004 (Noon.) 0 February 1,2005 January 17, 2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15,2005 January 31, 2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1, 2005 February 14,2005 (Noon)
0 January] 8, 2005 January 3, 2005 (Noon) ~ March 15,2005 February 28,2005 (Noon)
o Administrative
~
o
o
o Announcement
o City Manager's Report
RECOMMENDATION: A motion to award tbe RFQ TWO YEAR CONTRACT FOR VEHICLE TOWING ROTATION
PROGRAM, RFQ #007-211 O-OS/CJD to various qualified tow companies, and authorize the City Manager and the City Attorney to
execute the Towing Sen'ices Agreement 2005.
NATURE OF
AGENDA ITEM
Consent Agenda
Public Hearing
Bids
o
o
o
o
o
Development Plans
New Business
Legal
Unfinished Business
Presentation
EXPLANATION: On December 2, 2004, Procurement Services received and opened (8) eight proposals for the RFQ _ "TWO
YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM". An evaluation Committee was formed consisting of:
Dale Sugerman on behalf of Wilfred Hawkins, Assistant City Manager, Matt Immler, Deputy PoJice Chief; Scott Blasie,
Administrator Code CompJiance; Tim Calhoun, Fleet Administrator; and Carol Doppler, Senior Buyer, Procurement Sen'ices. The
committee visited each site on December 8th to determine if all participants meet the specifications of the RFQ. On December 21,
2005, the evaluation Committee met and determined all (8) eight submittals were responsive and discussed how to p!!bue
negotiations. On February 15t, 2005, we requested the tow companies submit their rates. The rates ranged frotp:_~.bigh!!'J!an
current rates, AT current rates and lower than current rates. In all fairness the committee determined to adopt the p'r~s~'y~m
Beach County rates for all class "A" and class "B" tows. For those vendors who could provide Class "C" and Class~' tow~;=tbe
City would follow the proposed County rates on a separate rotational basis and will pay $250.00 for eacb Class "c" Ut.>Class-'m"
,r">
tow. On February 17, 2005, all participants were notified oftbe proposed recommendation to Commission. f'-.) _ _j '-=~
U1 <:. :Z
".-<
PROGRAM IMP ACT: The evaluation Committee is recommending all (8) eight tow companies to participate in tlJe- rotafi~
program. Attached are the proposed County rates that are being recommended. :::r: ?,-:;;::.
C;? ~! %
FISCAL IMPACT: The provisions of the towing agreement 2005 allow for all City owned, or City leased vehKlfs t~
tOW';;;e~"and"D"towsaretObebilled~ __ IJ'>l. ~/'_J ~
ASSIstant to the Finance Director ger's Signatur rCUT~
,
Procurement Services
Department Name
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
C: Dale Sugerman - Assistant City Manager
Matt ImmIer - Deputy Police Chief
Tim Calhoun - Fleet Administrator
Scott Blasie - Code Administrator
File
1 RESOLUTION NO. R 05-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING THE AWARD OF AN RFQ (NO. 007-
6 2110-05/CJD) TO VARIOUS QUALIFIED TOW
7 COMPANIES; AUTHORIZING THE CITY MANAGER
8 AND CITY ATTORNEY TO EXECUTE THE TOWING
9 SERVICES AGREEMENT 2005 AND ISSUE THE
10 CERFICATE OF QUALIFICATION TO APPROVED
11 TOW COMPANIES; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS, on December 2, 2004, Procurement Services received and opened
15 eight (8) proposals for the RFQ "Two Year Contract for Vehicle Towing Rotation
16 Program"; and
17 WHEREAS, an evaluation of proposals was conduct cd in City Hall on December
18 2], 2004, as a public meeting; and it was determined that all eight (8) companies met the
19 criteria based upon the specific requirements ofthe contract.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
23 as being true and correct and are hereby made a specific part of this Resolution upon
24 adoption.
25
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
26 approves the award of a bid to various qualified tow companies; authorizing the City
27 Manager and City Attorney to execute an Agreement for Vehicle Towing Rotation Program
28 2005 with each of the eight (8) 10w companies, and issue the Certificate of Qualification to
29 approved low companies.
S:\CA\RESO\Agreements\Bid Awards\Award of RFQ - Tow Companies 2005.doc
, "..,"...<"'-"'---_.....~~""""'~.-..--..",.,".."
._...",""",._~_>-~...."'"'_,"n._<#.-....''''-..-
Section 3.
That this Resolution shall become effective immediately.
2
PASSED AND ADOPTED THIS _ day of March, 2005.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
21 City Clerk
22
23
24
25
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Bid Awards\Award of RFQ - Tow Companies 2005.doc
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Tow Contract Evaluation
Tow Company Beck's Blake's Eastern Emerald Jordan Professional Scott's
Name
Spec.#
1 A,B,C A,B A,B A,B,C A,B 0 A, B
2 5 5 5 5 5 0 5
3 5 5 5 5 5 0 5
4 5 5 3 5 3 0 4
5 3 5 5 3 3 0 3
6 5 5 5 5 5 0 5
7 5 5 5 5 5 0 5
8 5 5 5 5 5 0 5
9 5 5 5 5 5 0 5
10 5 5 5 5 5 0 5
11 0
12 5 5 5 5 5 0 5
13 5 5 5 2 5 0 5
14 5 5 5 5 5 0 5
15 5 0 5 0 5 0 5
16 5 0 5 5 5 5
17 4 3 5 3 0 1
72 60 71 65 69 0 68
Not rated
Comments Outside City
Limits
Ratings Based on Scores from 1 to 5 (5 being the highe
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The following Companies will receive this contract:
Beck's Towing & Recovery
Blakes's Towing & Transport, Inc.
Eastern Auto Body & Glass, Inc.
Emerald Towing Service
Jordan Wrecker Service
Gardens towing II/dba Professional Towing
Scott's Towing & Transport, Inc.
Zuccala's Wrecker Service
~"". >,. .
AGREEMENT FOR VEHICLE TOWING ROTATION PROGRAM _ 2005
TillS IS AN AGREEMENT, dated the 16th day of March. 2005, between: .
THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation,
hereinafter referred to as "CITY",
and
hereinafter referred to as "TOW CONTRACTOR".
WITNESSETH:
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, CITY and TOW CONTRACTOR agree as follows:
SPECIAL TERMS AND CONDITIONS
1.0 RATES.
The rates herein have previously been established and approved by the Boynton Beach
City Commission and will remain firm and fixed for the term of this Agreement. The
rates charges by TOW CONTRACTOR to provide all labor, tools, materials, and
equipment shall not be greater than the applicable maximum rates as provided by this
Agreement.
1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY
CITY
These rates are the only rates that will be charged vehicle owners under this Agreement:
A.
TOWING BY ITEM DESCRIPTION
(I) Class A (cars, vans, light trucks
under 10,001 GVW) within City
limits;
$100.00 per call
(2) Motorcycles within the City limits;
$100.00 per call
(3) Towing outside the City limits for
cars, vans, motorcycles, and light
trucks 3/4 and less charged only
for miles starting where city limit
is exited to the final destination.
No charge applied within city limits.
an additional
$3.00 per towed
mile from the City limits
-
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(4)
(5)
(6)
(7)
Class B (vehicles 10,001 to 24,000
GVW) within the City limits;
Towing outside the City limits
for Class B vehicles only for miles
starting where city limit is exited
to the final destination.
Class C vehicles (24,00lto 53,999
GVW) within City limits;
Class C vehicles outside City
limits only for miles starting
where city limit is exited to the
final destination.
(8)
Additional time at the scene
after first hour, per 1/2 hour
thereafter (applied to all vehicles,
cars, vans, and trucks under and
over 3/4 ton, for waiting and extra
street clean-up. This provision
shall not apply in conjunction with
vehicle recovery under Section 1.2(C).
(9) Miscellaneous other charges
4 X 4/off-road vehicle recovery
Tarp fee
Lowboy service
Outside the City limits only for miles
starting where city limit is exited
to the final destination. No charge applied
within city limits.
Underwater recovery salvage
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$175.00 per call
an additional
$4.00 per towed
mile from the City limits
No charge applied within city
limits.
$250.00 per call
an additional
$8.00 per towed
mile from the City limits
No charge applied within
City limits
$40.00 per
half hour
$95.00 for the
first hour, and
$30.00 per half
hour thereafter
$35.00 per call
$175.00 per hour
an additional $6.00 per
towed mile from City limits
$100.00 per hour port 10 port
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(10) For purposes of this Agreement, when CONTRACTOR is entitled to
additional charges based on time spent at the scene, unless otherwise
specified, CONTRACTOR shall apportion the charge set forth herein to be
consistent with the actual time spent on the scene.
B. STORAGE AND LIEN NOTICE
(I) Cars, vans, trucks vessels/trailers less than 25'
Outside storage $25.00 per day
Inside storage $35.00 per day
(2)
Vehicles and vessels/trailers over 25'
Outside storage
Inside storage
$35.00 per day
$50.00 per day
(3)
Motorcycles
Outside storage
Inside storage
$15.00 per day
$20.00 per day
(4)
Lien Notice (after 24 hours of storage)
$35.00 per vehicle
Per Florida Statutes, no storage fee shall be charged to the vehicle owner for a vehicle
stored less than six (6) hours.
"Per day" shall be defined as a twenty-four (24) hour period or any part thereof.
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C. VEHICLE RECOVERY
The following vehicle recovery fees may be charged to the vehicle owner when
the vehicle is overturned, embedded in sand, mud, or water, or requires more than
a single hook-up:
scene;
$90.00 per hour and $30.00
per each half hour after the
first hour
(I)
Class A and B wrecker on the
(2)
Extra man (each) on the scene
$35.00 per hour
D. ROAD SERVICE
For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service
fee of $40.00 per call may be charged to the vehicle owner for services such as
assisted start, unlocking a door, delivering gas, tire changes, e1c.
1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES
A. All CITY owned or CITY leased vehicles Class "A" and "B" will be towed at NO
CHARGE.
B. All CITY owned or CITY leased vehicles Class "A" and "B" requiring road
service as indicated in Section 1.11 of this Agreement will receive such services at
NO CHARGE.
C. All vehicles towed at the request of the Boynton Beach Police department as a
crime scene vehicle, confiscated vehicle, forfeited vehicle, or in any other way
related to police business will be towed and stored at NO CHARGE.
D. All CITY owned or CITY leased vehicles towed under Class "C" or Class "D"
will be towed at $250.00 (plus $5.00 per mile for tows more than 50 miles from
Public Works Compound).
E. All vehicles towed at the request of Code Compliance, or any other department of
CITY in connection to City business, shall be towed at forty (40%) percent of the
contract rate and will be stored at forty (40%) percent of the contract rate, as set
forth in Section 1.1 of this Agreement.
F. City shall not be assessed any waiting time charges, whatsoever.
G. Companies that cannot or do not respond to City tows will lose their next rotation
slot for a retail tow. Documentation will be maintained by City Communications
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1.3 SPECIAL AND ADDITIONAL CHARGES
A. WAITING TIME. The cost for waiting time shall not be assessed by TOW
CONTRACTOR until forty-five (45) minutes after arrival at the scene.
B. LABOR CHARGES. The cost for labor under any circumstances and when
applicable shall not be assessed by TOW CONTRACTOR until forty-five (45)
minutes have expired after arrival at the scene. Labor charge must be clearly
shown on the tow receipt with a written explanation of the labor charge.
C. LABOR CHARGES PROHIBITED. The cost for labor shall not be assessed to
CITY or Customer under any circumstances for the clean-up and removal of
vehicle parts and debris, regardless of the labor and time necessary to complete
clean-up and removal. Labor to the general public will be reviewed within six (6)
months ofthe effective date of this contract.
D. SERVICE CALL. TOW CONTRACTOR agrees that the mere response to a
service call scene without other action does not constitute a service for which
charges may be assessed to the vehicle owner.
E. DOCUMENTATION OF SPECIAL AND ADDITIONAL CHARGES.
TOW CONTRACTOR will document in detail on the tow receipt the reason(s)
for waiting time charges and the work performed for assessed labor charges.
TOW CONTRACTOR agrees that the special or additional charges may be
disputed by CITY officials and/or the vehicle owner or representative. TOW
CONTRACTOR further agrees that the City Manager or hislher designee will
make the final determination on the assessment of a disputed special and
additional charge, and that TOW CONTRACTOR shall abide by the decision of
the City Manager or hislher designee.
2.0 ELIGIBILITY.
A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly
engaged in the towing business on a full-time basis in Palm Beach County and
shall be able to produce evidence or prior experience in providing similar services
continuously for the past two (2) years (one year of which must have been within
Palm Beach County, Florida).
B. TOW CONTRACTOR shall have satisfactory financial support, required
equipment and organization sufficient to ensure that TOW CONTRACTOR can
satisfactorily execute the services, if granted a contract, under the terms and
conditions stated herein.
C. In the event litigation arises out of the CITY's failure to select a particular
applicant, damages, if any, shall be limited to actual preparation costs incurred by
the challenging party.
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D. The terms "equipment" and "organization" as used herein shall be construed to
mean a fully equipped and welI established company as determined, approved or
ra1ified by the Boynton Beach City Commission.
E. TOW CONTRACTOR shall have and maintain an office within a 10 mile radius
of City limits at the time the contracted vendors proposal was submitted for
review. The storage facility shall be in full compliance with the terms of this
Agreement, and shall be maintained as such at all times during 1he duration of this
Agreement. TOW CONTRACTOR agrees that it will, at its sole cost and
expense, if selected, fulfill and comply with all laws, ordinances, codes,
regulations and requirements of the City of Boynton Beach, Palm Beach County,
the State of Florida, the United States of America, and any and all governmental
agencies having jurisdiction over the providing of services as contemplated in this
Agreement.
F. TOW CONTRACTOR must maintain at all times, any licenses or permits
required by the State of Florida, Palm Beach County and the City of Boynton
Beach in order to conduct business as a wrecker or tow service. Proof of said
license shalI be submitted prior to 1he approval of this Agreement.
G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton
Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances.
H. At all times during the term of this Agreement, TOW CONTRACTOR, its
subsidiaries, agents, employees or representatives shalI only appear on the rotation
list once. Under no circumstances shall a Tow Contractor who has a business,
financial or legal relationship with another Tow Contractor be permitted to have
more than one place on the rotation list.
2.1 APPLICATION REQUIREMENTS.
All applications shall be submitted as specified on the application pages. Any
attachments must be clearly identified. To be considered, the application must respond to
all parts of the RFQ. Any other information thought to be relevant, but not applicable to
the enumerated categories, should be provided as an appendix to the proposal. If
publications are supplied by an applicant to respond to a requirement, the response should
include a reference to the document number and page number. This wilI provide a quick
reference for the evaluators of the application. Applications failing to provide this
reference will be considered to have no reference material included in the additional
documents.
ALL SUBMITTED MATERIALS BY PROPOSED TOW CONTRACTORS MUST BE
LEGIBLE. IF PROPOSAL IS NOT LEGIBLE. IT WILL NOT BE ACCEPTED. ANY
ILLEGIBLE APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMATICALLY
DISQUALIFIED AND WILL NOT BE CONSIDERED.
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2.2 GENERAL SPECIFICATIONS.
A. TOW CONTRACTOR shall maintain and have available at all times for
inspection by authorized CITY personnel, detailed records of all services rendered
relative to the subject Agreement.
B. TOW CONTRACTOR shall furnish towing service for the removal of vehicles
within the City of Boynton Beach when required and when dispatched or required
by the City of Boynton Beach Police Department (or other CITY authorized
representative in the case of city-owned or city leased vehicles). Such services
shall be made available on a twenty-four (24) hour basis. CITY shall be given
preference only for calls by the Police Department.
C. TOW CONTRACTOR shall maintain adequate storage space within the City for
said vehicles when towed. Said storage facilities shall meet the minimum
requirements set forth in this Agreement.
D. At an accident scene, TOW CONTRACTOR shall remove from the street and
surrounding area all broken glass and other debris resulting from the accident.
E. CITY shall have the right to cancel a request for tow company service up until the
time that a wrecker is hooked onto a vehicle and ready for transport to the storage
facility. However, if the tow is cancelled, the tow company will retain their
position in the rotation.
2.3 SPECIFICATIONS FOR WRECKERS.
A. TOW CONTRACTOR must own, lease (first-party) and be in possession, or
mortgage and have immediate access to two (2) CLASS "A"
TOWINGIRECOVERY VEHICLES meeting the specifications set forth in Palm
Beach County code.
B. TOW CONTRACTOR must own, lease (first-party) and be in possession, or
mortgage and have immediate access to at least one (I) CLASS "B"
TOWINGIRECOVERY VEHICLE, meeting the specifications set forth in Palm
Beach County code.
C. Should TOW CONTRACTOR desire to be placed on the Class "c" wrecker
rotation list, TOW CONTRACTOR must own, lease (first-party) and be in
possession, or mortgage and have immediate access to at least one (I) CLASS "C"
TOWINGIRECOVERY VEHICLE meeting the specifications set forth in Palm
Beach county code.
D. Class "c" and/or "D" TOW CONTRACTORS must have the ability to tow an
aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck,
and a Track Excavator that is approximately 30 tons.
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E. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access
to at least one (1) motorcycle trailer.
F. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the
following supplies and equipment:
1. Operating clearance and marker lights, as well as any other equipment
required by Florida Statutes, or any other laws or codes governing tow and
recovery vehicles;
2. There shall be a rotor beam or strobe light, that is amber in color and
mounted on the wrecker in such a manner that it can be seen from the
front, rear and sides ofthe vehicle;
3. One (I) heavy-duty push broom;
4. A flood light on the hoist;
5. One (1) flat-nose shovel;
6. One (I) ax;
7. One (I) crowbar;
8. At least one (1), five (5) pound Carbon dioxide fire extinguisher with a
current inspection tag. The fire extinguisher must be an approved type;
9. One (I) pair of bolt cutters;
10. One (1) set of jumper cables;
11. One (I) four-wait lug wrench;
12. One (1) high-intensity flashlight;
13. One (1) set of red highway reflectors;
14. Five (5) thirty minute flares;
15. Each wrecker and tow vehicle shall contain a telephone or radio
communications system to enable continuous direct contact between the
driver and the office of TOW CONTRACTOR; and
16. Each vehicle shall be specifically designed, constructed and equipped for
the towing of vehicles, and shall at all times, be properly maintained in a
mechanically safe condition.
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G. To be awarded and to maintain a certificate of qualification, a Class "A"/"B"
TOW CONTRACTOR shall have in operational condition at the time the
certificate of qualification is awarded and for the duration of this agreement at
least two (2) Class "A" wreckers, and one (I) Class "B" wrecker.
H. TOW CONTRACTOR shall have available at all times, sufficient equipment to
perform all services required herein on a timely and responsible basis. TOW
CONTRACTOR shall notify CITY in the event any of the required equipment, as
set forth in this Agreement, is inoperable, sold, levied upon, repossessed or
attached.
3.0 STANDARDS OF CONDUCT FOR TOW CONTRACTORS.
A. TOW CONTRACTOR shall comply with all laws, rules and regulations of any
governmental agency having jurisdiction in the premises, including but not limited
to, licensing and minimum safety requirements.
B. TOW CONTRACTOR shall be the holder of a general towing and wrecker
service license issued by Palm Beach County and shall be the holder or any
licenses required by Florida law and the City of Boynton Beach.
C. Each wrecker shall be manned by a driver who must meet the following
qualifications:
I. Possesses a valid State of Florida required Commercial Drivers License
(CDL);
2. Possess knowledge ofthe layout of streets and roadways within the City of
Boynton Beach; and
3. Be physically qualified to perform the normal and everyday tasks required
of a tow truck operator.
D. TOW CONTRACTOR shall ensure that each driver operates the company's
equipment in a safe and proper manner in accordance with operating manuals and
Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach
Police Department on a driver's unsafe, unlawful or improper operation,
documented corrective action must be taken by TOW CONTRACTOR.
4.0 STORAGE FACILITIES.
TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles.
There shall be an outside, enclosed area and an inside storage area. All facilities shall be
located within 10 mile radius of City limits and be owned or leased by TOW
CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without
written consent from CITY. Should TOW CONTRACTOR relocate without obtaining
said consent, the relocation shall constitute a breach of this Tow Agreement.
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1. OFFICE FACILITIES. It shan be the duty of TOW CONTRACTOR to
maintain office facilities:
a. to include telephone and restroom facilities, and a work area containing,
for example, a desk, phone, facsimile machine, computer, etc.;
b. with a physical plant having the name of the company and the mailing
address and 24-hour phone number clearly painted;
c. that are accessible to CITY officials at anytime, 24 hours a day, 7 days a
week; and
d. that maintains a radio communication system at an times, 24 hours per
day, 7 days a week. TOW CONTRACTOR shall not utilize any phone
answering services(s), as said services are strictly prohibited under the
terms of this Agreement, and use of such services shan constitute a breach
1hereof.
2. OUTSIDE STORAGE
a. Outside storage shall be kept and maintained to provide for the removal of
junk, tires, and auto parts; the regular trimming of all shrubbery, bushes,
1rees and grass areas (along fence line and on property); and adequate
drainage to prevent standing water.
b. Outside storage areas must be protected by an enclosed solid wan or a
substantial wire fence not less than six (6) feet in height. The top of such a
fence or wall, including all gates, doors, or roofed open areas shall be
equipped with not less than twelve (12) inches of barbed wire installed in
such a manner as to discourage access over the top of such a fence or wall.
All fences and walls shall be maintained in good repair throughout the
term of this Agreement. Any damage to such walls or fences shall be
repaired within twenty-four (24) hours of its occurrence.
c. The area must have a vehicle storage capacity of at least twenty-five (25)
vehicles. This storage will predominantly be utilized for accident tows,
designated "HOLD," confiscated, and evidence vehicles. A secondary
storage area may be located within a ten (10) mile radius of the City of
Boynton Beach, and may be utilized for Code Compliance-related tows.
3. INSIDE STORAGE. TOW CONTRACTOR shall be capable of
storing up to three (3) vehicles in inside storage, and shan maintain at least one (I)
inside storage space tha1 shan meet the following specifications:
a. a working area of 9' X 20' per vehicle with at least an eight (8') foot high
ceiling;
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b. a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water
and vegetation;
c. an electrical lighting source sufficient to permit processing of a vehicle;
and
d. one (1) outside window or a ventilation system.
4. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE
a. Any vehicle towed or stored as a result of the marked "HOLD" relative to
a crime scene investigation shall be handled with gloves (i.e. cloth, rubber
or leather) by the wrecker operator.
b. Crime scene vehicles shall be stored to prevent physical contamination or
degradable evidence from deteriorating, and by inside storage. If inside
storage is not available, CONTRACTOR shall surrender the tow and fee to
the next Contractor in rotation. This shall not prevent CITY from
removing the vehicle or trailer and storing it at a City-owned or controlled
facility or at another Tow Contractor's storage compound.
c. If laboratory work on a crime scene vehicle is required and the vehicle
must be processed at the City of Boynton Beach Police Headquarters, the
crime scene vehicle shall be transported to the City-designated location.
d. Vehicles which have been marked "HOLD" by the Police Department
shall be stored at such compound for whatever period of time necessary, in
order to properly process the vehicle and conduct any investigation
necessary. Vehicles towed by the Police Department such as Impounds for
Investigative/Evidence purposes; the City is responsible for payment of
storage at City rates. The Owner shall NOT be charl!ed for anv storal!e
fees.
e. Confiscated vehicles or vehicles involved in litigation shall be protected
from the elements, preferably at an inside storage facility, as to maintain
the vehicle in its condition at the time of towing. This shall not prevent
CITY from removing the vehicle and storing the vehicle at a City owned
or controlled facility or at another Tow Contractor's facility.
f. City of Boynton Beach Police Department personnel shall be permitted
access to all such vehicles at all times.
5.0 PERFORMANCE PROBATION PERIOD.
A. A contractor awarded a Certificate of Qualification will be subject to a three (3)
month probationary period. During this time, the contractor's performance will be
evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the
standards set forth in this Agreement, the City Commission may, upon the
recommendation of City staff, by written notice setting forth the default under the
CA~I
Agreement terms, revoke the Certificate of Qualification. If performance is
acceptable a1 the end of 1he probationary period described herein, TOW
CONTRACTOR will be so notified by the City.
B. Should the City Commission revoke a Certificate of Qualification within the three
(3) month probationary period, another Certificate of Qualification may be
awarded to an eligible company as determined by the City Commission.
5.1 ROLE OF CITY MANAGER AS TO PENALTIES.
The City Manager for CITY shall have the power 10 formally reprimand TOW
CONTRACTOR, suspend the Certificate of Qualification, suspend ac1ivities of TOW
CONTRACTOR under the terms of this Agreement, recommend to the City Commission
revocation of the Certificate of Qualification, and recommend to the City Commission
that this Agreement with TOW CONTRACTOR be terminated.
5.1.1 FORMAL REPRIMAND.
Upon review of materials provided to himlher by City staff, the City Manager may issue a
written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole
discretion, is deemed to be a violation of this Agreement. A written reprimand for an act
or omission in violation of the 1erms of this Agreement shall be grounds for
recommending termination of the Certificate of Qualification should the City Manager
deem such action to be appropriate under the circumstances.
5.1.2 REVOCATION.
In the event any criteria for qualification established by this Agreement and Resolution
R05-_ are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve
written notice upon Certificate Holder of the recommended revocation of the Certificate
of Qualification and/or termination of the Agreement. However, any and all liabilities of
TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior
to the da1e of cancellation shall not be affected, waived or otherwise as a result of the
cancellation.
In the event City Manager for CITY recommends revocation of the Certificate of
Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a
recommendation shall be considered by the City Commission for CITY.
5.1.3 COMPLAINTS AGAINST TOW CONTRACTOR.
TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning
the performance of TOW CONTRACTOR's duties under this Agreement and otherwise
shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW
CONTRACTOR to follow any subsequen1 reasonable instruction of the City Manager
regarding any complaint will be considered a material breach of this Agreement and the
awarded Certificate of Qualification, and shall be cause for termination thereof.
5.1.4 REPUTABILITY.
Lack of reputability shall be cause for revocation of a Certificate of Qualification and
shall include, but not be limited to the following:
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A. Misstatements concerning the conVictIOn of any officer, employee or agent
convicted of any felony when that person's civil rights have not been restored;
B. Retaining any officer, employee or agent convicted of any felony when that
person's civil rights have not been restored;
C. Retaining any officer, employee or agent convicted of any felony or first degree
misdemeanor directly related to the business and/or operation of a wrecker, when
1hat person's civil rights have not been restored. For the purpose of this
Agreement, any offense involving peljury, false statement or theft shall be
considered to be directly related to the business operation of a wrecker.
D. Retaining any officer, employee or agent convicted of the offense of driving under
the influence of alcohol or any other controlled substance to the extent that normal
faculties are impaired; of the offense of driving a vehicle and having an unlawful
blood alcohol level; or of any other criminal traffic offense.
5.1.5 SUSPENSION
Should at any time during the term of this Agreement, including during any option terms,
the tow company be in violation of any of the terms and conditions of this Agreement, the
City Manager or his or her designated agent shall have the right to suspend the company
until the violation is resolved to the satisfaction of City staff. If the violation is not
promptly resolved or is of such a serious nature that the City Manager determines that
suspension is inadequate, the City Manager reserves the right to recommend to the City
Commission revocation of the Certificate of Qualification and termination of this
Agreement with TOW CONTRACTOR for cause.
Should at any time during the term of this Agreement, including during any option terms,
TOW CONTRACTOR or its principals become the subject of a criminal investigation,
the City Manager shall have the right to suspend TOW CONTRACTOR's Certificate of
Qualification pending the outcome of any criminal investigation and trial, should one
result. Upon the conclusion of a criminal investigation that does not result in criminal
charges against TOW CONTRACTOR or its principals, the City Manager may
recommend to the City Commission revocation of the Certificate of Qualification and
termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift
the suspension, thereby reinstating the Certificate of Qualification to TOW
CONTRACTOR.
If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a
trial or via plea bargaining with the State, the City Manager may recommend to the City
Commission revocation of the Certificate of Qualification and termination of this
Agreement with TOW CONTRACTOR or City Manager may reinstate.
6.0 COMMERCIALLY MANUFACTURED EQUIPMENT.
A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged
by TOW CONTRACTOR shall be commercially manufactured and shall conform
to the requirements set forth herein or be approved by CITY or its designee.
B. Each tow truck, recovery vehicle, and all equipment utilized by TOW
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CONTRACTOR shall be maintained in good mechanical condition at all times.
C. Each tow truck, recovery vehicle, and all equipment is subject to inspection by
CITY or its designee at all times during the term of this Agreement.
D. No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle,
except when the circumstances justify the use of the vehicle in that manner. (i.e.
flashing lights are to be used only when necessary).
6.1 MARKINGS.
TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or
correspondence that indicates or tends to indicate any official relationship between TOW
CONTRACTOR and the City of Boynton Beach.
7.0 SITE CLEAN-UP.
TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed
vehicle or 1railer, promptly remove all debris from the public street, sidewalks, parks, and
property of CITY; and shall remove the same 10 a proper place for disposal if the accident
scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The
owner of the vehicle or trailer towed may be charged pursuant to the rate schedules se1
forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction
debris and spilled loads.
8.0 EMPLOYEES.
TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of
Boynton Beach Police Department the following information on all officers, employees,
agents, and servants, and to be responsible for keeping the information accurate and
current: name, address, date of birth, driver's license number, social security number, and
photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the
officers of the company, if a corporation, shall be personally responsible for the acts of
their employees, while said employees are on-duty. TOW CONTRACTOR further
acknowledges and agrees to notify its employees that CITY may run drivers license
histories on any driver at any time with or without cause.
9.0 TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES
RECEIVED FROM ONE PROPOSER.
If more than one application is submitted by anyone proposer, by or in the name
of his or their clerk, partner, or other persons, and it is determined by CITY staff
that such applicant is under single, identical, or substantially the same ownership,
all such applications will be rejected. If the above described dual ownership is
not revealed until the contract term has begun, said action shall constitute grounds
for revocation of the Certificate of Qualification and termination of this
Agreement with TOW CONTRACTOR.
10.0 RESPONSE TIME.
A. TOW CONTRACTOR shall, at the request of the CITY Police Department or
other CITY official requesting 10w truck service at any time of the day or night,
arrive at the scene with the appropriate equipment within 1he following time limit
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depending upon the vehicle class requested:
CLASS A
CLASS B
CLASS C
30 minutes from request
30 minutes from request
45 minutes from request
B. TOW CONTRACTOR assumes all liability in meeting the required class response
time, including but not limited to, any and all damages resulting from traffic
accidents and motor vehicle infraction fines occurring after the response time
limit has expired.
C. In the event TOW CONTRACTOR fails to respond in a timely manner, the
department of CITY requesting the service shall document 1he untimeliness, and
forward said writing to the Agreement Administrator.
D. The following penalties shall apply should any TOW CONTRACTOR fail to respond
within the class response time set forth in Section 3.l(A) of this Agreement or skip
any tow directed by the City of Boynton Beach.
Within a 12 month ueriod
1. I st offense
2. 2nd offense
3. 3rd offense and greater
Penaltv
Certified letter of warning
One (I) month suspension
Termination of Agreement with CITY
and revocation of certificate of
qualification
E. TOW CONTRACTOR may appeal a suspension of two (2) months or more to the
City Commission, and if TOW CONTRACTOR can show by substantial and
competent evidence that extenuating circumstances beyond TOW
CONTRACTOR's control caused the failure to timely respond, the suspension
may be lifted by the City Commission.
F. All appeals must be made in writing to the City Manager within thirty (30) days of
the action, and shall fully set forth the basis for the appeal. Suspensions shall not
be stayed during any pending appeals.
G. City Manager recommendation for termination of this agreement and revocation
of the certificate of qualification under this section requires consideration and
action by the City Commission.
11.0 SUBCONTRACTING.
TOW CONTRACTOR shall not subcontract its services to secure additional
wreckers or storage space required under this Agreement. TOW CONTRACTOR
must own, lease, or mortgage the vehicles, equipment and storage space required
under this Agreement. Evidence of ownership of all vehicles is required. All
registrations of vehicles are due at the time of submitting this RFQ.
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12.0 BENEFITS FROM REPAIRS.
A. In the event TOW CONTRACTOR holding a certificate of qualification operates
an automobile repair and/or automobile paint and body repair business, TOW
CONTRACTOR shall provide written notification to the owner or representative
of the owner of the vehicle towed under the provisions of 1his Agreement, that
there is no obligation to have any automobile, vehicle or trailer repairs and/or
automobile, vehicle or trailer pain1 and body work done by TOW
CONTRACTOR.
B. TOW CONTRACTOR shall notify CITY in wntmg of any and all repairs
completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR
towing a vehicle under the provisions of this Agreement. The written notification
to vehicle owner that there is no obligation to have TOW CONTRACTOR
undertake any repairs to the vehicle shall be included.
13.0 INSURANCE REQUIREMENTS.
A. TOW CONTRACTOR'S liability insurance policies shall name the CITY as an
additional insured.
B. During the term of this Agreement, TOW CONTRACTOR shall have in effect
insurance with those limits specified in this Section. Copies of said insurance
policy or certificate of insurance must be furnished to CITY's Purchasing
Department and Risk Management Department immediately after approval of
Agreement by the City Commission. CITY may request proof of insurance or the
name and phone number of insurer at any time during the term of the Agreement,
and TOW CONTRACTOR must respond with said proof of insurance within five
(5) days of the request. Failure to provide the proof of insurance required in this
section or the name and phone number of insurer as requested shall result in
automatic suspension of the certificate of qualification and may be grounds for
termination of this Agreement with TOW CONTRACTOR.
C. TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the
coverages and limits as shown in this Section. A thirty (30) day cancellation
clause in favor of CITY shall be included in the Policy and the Certificate.
D. TOW CONTRACTOR, at its own cost and expense, shall keep in force at all
times, and shall maintain 1he following during the terms ofthis Agreement:
1. Comprehensive General Liability Insurance with minimum limits of
coverage of One Million ($1,000,000.00) Dollars per incident Combined
Single Limit for Bodily Injury Liability and Property Damage Liability.
2. Automobile Liability Insurance coverage in the minimum amount of Three
Hundred Thousand ($300,000.00) Dollars per person/per incident and
property damage coverage of One Hundred Thousand ($100,000.00)
Dollars per incident.
3. Garage Keeper's Legal Liability Insurance coverage m the minImum
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amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners
of any and all vehicles and trailers towed or stored by TOW
CONTRACTOR pursuant to this Agreement, from any loss or damage to
such vehicle or trailer on account of such removal or storage.
E. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all
policies of insurance and renewals thereof in a form acceptable to CITY. Each
policy shall provide that CITY as an additional insured, and that the CITY shall be
notified by the insurer in writing of any cancellation at least thirty (30) days prior
to the effective date of cancellation.
F. Each and every insurance policy must be issued by companies acceptable to
CITY'S Risk Management, and licensed, qualified and authorized to do business
in the State of Florida. All policies must be at lease six (6) months in duration.
G. Each TOW CONTRACTOR shall show proof ofthe insurance required under this
Section prior to the issuance of a Certificate of Qualification. TOW
CONTRACTOR shall not commence operation under the term of this Agreement,
until certification or proof of insurance, detailing terms and provisions of
coverage, has been received, reviewed, and approved by CITY.
H. TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's
compensation coverage required by the State.
.1 TOW CONTRACTOR'S LIABILITY.
A. TOW CONTRACTOR shall be liable for any towed vehicle and property
contained therein.
B. TOW CONTRACTOR or its employee, representative, or agent shall
inventory all personal property contained in each vehicle towed. The Tow
companies are relieved of liability for property inside of the vehicle that was not
listed on the inventory report completed by the officer on the scene.
C. The inventory shall be made in triplicate and shall be signed by the person
composing it. One copy shall be given to the owner or person in possession of the
vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded
to the Boynton Beach Police Department, and the final copy shall be retained by
TOW CONTRACTOR.
13.2 NON-LIABILITY OF CITY FOR TOWED VEHICLES.
CITY shall not be responsible or liable in any manner whatsoever for either the collection
or payment of any charges for services rendered, including towing and storage.
14.0 ACCESSIBILITY OF STORAGE FACILITIES.
TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours
of 8:00 A.M. and 6:00 P.M., Monday through Friday and 9 A.M. and 12 PM, Saturday;
therefore the Gate Fee shall not be charged during the applicable business hours.
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Authorized personnel of TOW CONTRACTOR shall be available during such times to
assure that the obligations and services, including retrieval of stored vehicles by the
public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there
shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in
storage. There will be a $40.00 gate fee charged to any individual(s) or other entity
retrieving a vehicle from storage.
14.1 PROTECTION OF VEHICLES AND PROPERTY.
A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key."
B. TOW CONTRACTOR shall protect all stored vehicles, and any evidence or
personal property contained therein from theft and damage in accordance with all
reasonable police department instructions and directives.
C. TOW CONTRACTOR agrees to replace any such article(s) upon verification of
the loss by the designated investigative agency representing the City of Boynton
Beach or Palm Beach County.
14.2 INSPECTION OF FACILITIES.
A. Storage facilities shall be subject to inspection and shall be approved by CITY
prior to award of the Certificate of Qualification and the execution of this
Agreement. Storage facilities shall be subject to periodic inspections during the
term of Agreement when deemed necessary by the City Manager's office or the
CITY'S Police Department.
B. Notice of any deficiencies or violations of this Agreement discovered by CITY
with respect to storage facilities shall be submitted to TOW CONTRACTOR in
writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of
receipt of such notice. The Agreement may be terminated and the Certificate of
Qualification revoked, or suspended at the option ofthe CITY.
14.3 RELEASES OF VEHICLES AND PERSONAL PROPERTY.
A. TOW CONTRACTOR agrees to release any vehicle or trailer that has not been
marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released
without the prior written consent of the City of Boynton Beach Police
Department.
B. All persons applying for release of the vehicle or trailer from TOW
CONTRACTOR shall present adequate proof of ownership or right to possession.
Upon release, TOW CONTRACTOR shall give a receipt and itemized statement
indicating all charges related to the impounding of the vehicle or trailer to the
owner or person entitled to possession.
C. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW
CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal
holidays, provided the appropriate documentation has been filed.
D. Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance
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may only be released under the authority of the Boynton Beach Police
Department.
E. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior
to customer's arrival at the storage site shall be advised of the following by TOW
CONTRACTOR:
1. each and every document or other item needed to retrieve vehicle;
2. exact charges at the time of contact and any additional charges that
may accumulate subsequent to contact and before retrieval;
3. acceptable methods of payment; and
4. the hours and days that the storage site is open for regular business.
F. If all matters are in order, customer shall be returned to possession of the towed
vehicle or trailer within thirty (30) minutes of the request.
14.4 PERSONAL PROPERTY LOSS.
A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any
personal property contained therein, or to any vehicle accessories, regardless of
the cause of such damage or loss. TOW CONTRACTOR shall hold CITY
harmless as to any claims, suits or actions alleging such loss or damage. Personal
property found in vehicles or trailers that have been stored by TOW
CONTRACTOR shall not be sold or disposed of in any way to defray any charges
for storage or towing.
B. TOW CONTRACTOR shall be held accountable for all personal property and
vehicle accessories inventoried at the time the vehicle or trailer is towed, while the
vehicle is stored at TOW CONTRACTOR'S storage facility, and while TOW
CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW
CONTRACTOR shall make restitution to owner for all such losses occurring by
theft, fire, or other damage.
14.5 DESTINATION OF TOWED VEHICLE.
TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at
time of tow) other than that designated by a CITY Police Officer or other authorized
CITY representative, or owner or person in possession of vehicle. ALL CITY owned or
leased vehicles towed from a location within Palm Beach County shall be towed, as
requested to CITY property. Each and every vehicle towed from within the city limits
shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and
shall remain at that location for at least seven (7) days.
15.0 RADIO COMMUNICATION.
A. All towing vehicles and wreckers must be equipped with two-way radio or
telephone communication. The range of the communication system shall, at a
minimum, extend throughout the Boynton Beach city limits. Accordingly, the
base station for the above equipment must be strong and powerful enough to
provide city-wide coverage. A citizens band radio is insufficient to meet this
requirement.
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B. Any radio communication shall, at no time, be tuned into any police frequencies.
C. Guidelines of the Federal Communication Commission (FCC) shall prevail.
D. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning
the communication system.
E. TOW CONTRACTOR shall provide a 24-hour emergency telephone number to
be answered by a TOW CONTRACTOR employee designated to respond to
emergency calls for service. This service is in addition to the communication
system required in subsections 4.5(A)-(D) above, and is necessary so that TOW
CONTRACTOR can provide timely and efficien1 service 24 hours a day, seven
days a week.
16.0 REPORTS AND RECORDKEEPING.
A. TOW CONTRACTOR shall make available upon request to the CITY'S Police
Department, weekly reports of vehicles and trailers towed at the request of the
Police Department. The written reports will be designed and supplied by CITY
and the following information shall be provided thereon:
1. Name and owner of driver;
2. model and make of vehicle or trailer;
3. license plate number;
4. vehicle identification number;
5. time, date and location oftow;
6. circumstances requiring tow;
7. whether or not a "HOLD" was placed on the vehicle by the Police
Department;
8. time dispatched to scene and time of arrival;
9. storage facility where vehicle is stored; and
10. the date, time and name of employee releasing the vehicle.
B. TOW CONTRACTOR shall make available upon request by the CITY'S Police
Department, a complete and detailed listing of all vehicles and trailers which have
been impounded or stored for periods of thirty (30) days or more. Form 10 be
vrovided bv the CITY. Any vehicle or trailer that has not been claimed for a
period of thirty (30) days from the towing of the vehicle, shall be reported in
writing to the Police Department.
C. Services related to CITY owned or leased vehicles or trailers shall be logged and
forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public
Works Director. All such logs shall identifY the vehicle or trailer towed, the
location from which it was towed, and the hours and dates applicable to TOW
CONTRACTOR'S services with respect to those vehicles or trailers. The "service
ticket" shall include the signature of the authorized CITY employee approving
towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such
information, until such time as a form is provided to it by CITY, which then mus1
be completed by TOW CONTRACTOR.
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D. TOW CONTRACTOR shall maintain at its place of business records containing
the following information:
1. a vehicle storage receipt of each vehicle on the premises;
2. a monthly log of all calls for service by the Police Department;
3. a notification log indicating the date, time and method of notification to
the registered owner of the stored vehicle or trailer; and
4. A daily log setting forth a list of all vehicles towed, as well as information
on each vehicle as required by Section 5.0(A) of this Agreement.
E. INSPECTIONS.
1. TOW CONTRACTOR shall maintain and have available at all times for
inspection by authorized CITY personnel, detailed records of all services
relative to this Agreement.
2. TOW CONTRACTOR shall make available for inspection by authorized
CITY personnel the compounds and storage facilities required herein.
3. In order to facilitate inspection and audits by authorized CITY personnel,
records maintained by TOW CONTRACTOR relative to services provided
under this Agreement shall be kept separate and apart from other company
records.
F. RECORDS RETENTION AND RIGHT TO ACCESS.
TOW CONTRACTOR shall preserve and make available for inspection and/or
removal for the purpose of copying, all financial records related to performance
and billing under the terms of this Agreement, upon five (5) days prior notice. All
records shall be maintained for a period of three (3) years after termination of this
Agreement. If an audit has been initiated within that three (3) year period, but
findings from the audit have not been resolved, the records shall be retained and
maintained until resolution of audit findings.
G. For monitoring purposes, TOW CONTRACTOR shall submit to CITY'S Tow
Agreement Monitor, upon request, a log sheet detailing each tow made by TOW
CONTRACTOR during that month, as well as the amount charged and service
given for each tow. A copy of the invoice for each tow should accompany the
monthly report.
H. Failure to comply with the provisions and requirements of Section 5.0 of this
Agreement shall result in suspension from the wrecker rotation until such time as
TOW CONTRACTOR corrects such noncompliance. Should TOW
CONTRACTOR fail to comply with any of the provisions of this section may, in
the discretion of the City Manager, warrant recommending to the City
Commission termination of the Certificate of Qualification and Agreement with
TOW CONTRACTOR.
17.0 CODE COMPLIANCE CASES.
A. When vehicles or trailers are towed from public property, including right-of-ways,
after the appropriate notification, TOW CONTRACTOR has the option of
destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and
715.05, Florida Statutes.
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B. TOW CONTRACTOR must proceed in accordance with the provisions set forth
in Sections 713.78 and 713.05, Florida Sta1utes. Any breach thereof shall
constitute a breach ofthis Agreement.
C. When vehicles or trailers are towed from private property after receiving the
appropriate notification, TOW CONTRACTOR must store the vehicle or trailer
for a minimum period of thirty-five (35) days, after which time TOW
CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to
Section 713.78, Florida Statutes.
18.0 NON-EXCLUSIVITY OF SERVICES.
A. The owner or person in possession of the vehicle or trailer which has been
involved in an accident or which has been incapacitated in any other manner shall
be given the opportunity to contact a wrecker or tow company of his/her choice, as
long as the disabled vehicle does not create a hazardous condi1ion and a
reasonable response time can be expected. Said person shall also be given the
opportunity to have the vehicle or trailer towed to a garage or compound of his /her
choice.
B. CITY shall not be liable for any charges for moving, towing, and storage of any
vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or
trailer resulting from TOW CONTRACTOR'S acts or omissions.
C. All vehicles and trailers towed under the request of the CITY, including but not
limited to the City's Police Department, Code Compliance Division, Public
Works Department, Fire Department, shall be governed by this section.
19.0 INDEMNIFICATION AND HOLD HARMLESS CLAUSE.
TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees,
and police department harmless from and against any and all claims, suits, actions,
damages or causes of action whatsoever arising during the term of this Agreement, caused
by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or
damage to property, sustained as a result of TOW CONTRACTOR'S duties; and from all
costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any
administrative or legal proceedings brought therefrom; and from and against all orders,
judgments or decrees which may be entered therein.
TOW CONTRACTOR shall further defend CITY, its agents, employees and police
department in any action brought as a result of the items set forth in this section, and
related to performance ofthis contract by TOW CONTRACTOR.
In the event any litigation or other legal proceedings shall arise from this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses
incurred therein.
20.0 NON-DISCRIMINATION.
TOW CONTRACTOR hereby agrees and acknowledges that in 1he performance of this
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Agreement, it will not discriminate, or tolerate or permit discrimina1ion on the basis of
race, religion, gender, age, handicap, marital status, political affiliation, national origin, or
otherwise with respect to its hiring practices and in the performance of the terms of this
Agreement.
21.0 POSTING AND PROVIDING CHARGES OF SERVICES.
1. TOW CONTRACTOR shall prominently post in a conspicuous location at its
storage facilities and on its tow vehicles and wreckers, a list of charges, as set
forth herein. A list of such charges shall also be printed and such charges shall be
provided to the owner or person lawfully in possession of each vehicle and trailer
towed by TOW CONTRACTOR.
2. TOW CONTRACTOR shall not charge for any service that exceeds such posted
or listed amount, nor shall TOW CONTRACTOR perform any service that is not
deliniated on such posted or listed schedule without giving the owner or person
lawfully in possession a written estimate of the amount that will be due and
payable upon completion ofthe unposted or unlisted service.
22.0 COMPLIANCE WITH LAWS.
This Agreement shall be governed by all federal, state, and local laws, regulations,
ordinances, and codes, as amended from time to time, and as se1 forth by any other
regulatory agency, including but not limited 10, any and all municipal codes, ordinances,
or regulations which may govern CITY as a Florida municipal corporation.
23.0 NON-ASSIGNABILITY.
The Certificate of Qualification shall not be assigned, sold or transferred in any manner
whatsoever.
24.0 DISPOSAL OF VEHICLES.
Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any
vehicle, trailer, or personal property from therein for a period in excess of ninety (90)
days, and be ordered to relinquish such vehicle, trailer or personal property to the City of
Boynton Beach Police Department,
TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than
that specified in this Agreement.
25.0 MODIFICATION OF THIS AGREEMENT.
No waiver or modification of this Agreement or any covenant, condition, provision, or
limitation contained therein shall be valid absent the execution and approval of a written
addendum executed by both parties. No evidence of any waiver or modification shall be
offered or received into evidence in any proceeding, arbitration or litigation between the
parties to this Agreement, unless such waiver or modification is duly executed as set forth
in this Section.
26.0 ETHICS AND CONDUCT.
TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a
courteous, orderly, ethical and businesslike manner. As it is recognized by both parties
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that this Agreement is sensi1ive in nature and requires TOW CONTRACTOR and its
personnel and employees to work with the public on a daily basis, TOW CONTRACTOR
is required to extend common courtesies, including but not limited to:
A. Expedite release of vehicle in accordance with the terms ofthis Agreement;
B. Assist the vehicle or trailer owner in retrieving documents from the vehicle or
trailer to establish ownership;
C. Permit the owner to remove the au10 tag and any unattached personal possessions;
D. Explain fully and politely the reason for the tow and all charges levied; and
E. If a dispute occurs, TOW CONTRACTOR shall attempt to resolve the dispute
promptly and politely. If it cannot be resolved satisfactorily, the dispute shall be
reported to the City Manager's Office no later than the next business day.
27.0 WRECKER ROTATION LIST PROCEDURE.
A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for
wrecker call-out on a per incident basis (except Code Compliance). Five separate
log books will be utilized and maintained by the CITY'S Communication
Division.
B. Procedure.
1. Log System
a. Logs will be kept based on the breakdown noted:
i. Class "A" and "B" Wrecker Companies;
11. Class "C" & "D"Wrecker Companies; and
111. Code Compliance Wrecker Companies (all Class "A"I"B"
TOW CONTRACTORS required to participate).
tv. City Vehicles Class "A" and "B" and
v. City Class "C" & "D" Wrecker Companies
b. TOW CONTRACTORS will be filed in alphabetical order,
according to corporate name.
c. A TOW CONTRACTOR will be called in rotation order from the
card file on a per incident basis.
2. Wrecker Response.
a. If TOW CONTRACTOR is unable to respond to a call for service,
TOW CONTRACTOR will be moved to the end ofthe list, thereby
forfeiting that rotation.
b. The CITY official, agent or employee on the scene requesting the
wrecker or tow shall determine whether a wrecker remains on the
top of the rota1ion list in the event of cancellation or other
circumstances where the wrecker is not used. Said CITY official
shall notify the Communications Division upon cancellation of the
tow and the tow company will retain their position on the rotation
list.
c. The next tow company in the rotation will be contacted in the event
TOW CONTRACTOR cannot be reached by the CITY'S
Communications Division or TOW CONTRACTOR has failed to
respond within a reasonable time to a hazardous scene. The City
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official, agent or employee shall determine, based on his sole
discretion, whether the response time was excessive.
d. During the midnight shift, the CITY will reconcile logs on a daily
basis, and will gather any reports of problems or incidents that
were brought to the attention of the dispatch supervisor, who shall
forward the same to the Tow Agreement Monitor within the
CITY'S Police Department.
3. Rotation Tracking.
a. A manual log will be used by CITY to track all vehicle or trailer
tows to include rotation wreckers.
b. The log shall contain the date and time of the tow, the tow
company, the CITY officer, agent or employee, dispatch, case
number, remarks, and a computer check.
c. Specific requests from the vehicle or trailer owner or person
lawfully in possession will not be charged against the rotation
schedule. The request shall be logged as such by CITY in the
manual log. If an owner's request cannot be honored for any
reason whatsoever, a rotation wrecker will be contacted and so
charged on the rotation schedule.
4. Knowledge of Position on Rotation List.
a. TOW CONTRACTOR is responsible for knowing its position on
the wrecker rotation list. CITY will not provide this information
over the telephone.
b. The rotation list is public record pursuant to Chapter 119, Florida
Statutes, and is available for inspection, by appointment, during
regular business hours.
28.0 CODE COMPLIANCE TOWING PROCEDURE.
A. Purpose. Standard operating procedure is to be utilized for the removal of
vehicles or trailers deemed to be abandoned, unregistered or wrecked as described
in Chapter 10, Article ill, Sections 10-50, 10-51 and 10-52 of the City of Boynton
Beach Code of Ordinances. The towing of these vehicles is to be at no charge to
the CITY.
B. Procedure.
I. Tow List.
a. Tow lists will be faxed from the Code Compliance Division directly to
the tow contractor during the month as needed. All tow lists must be
returned to the Code Compliance Division within 7 days ofreceipt of
the request for tow.
b. Results of the status of each vehicle or trailer will be noted on the list
(i.e. towed, gone-on-arrival, or currently licensed).
c. Each TOW CONTRACTOR represented in the rotation system shall
supply the name of and accessible contact person and that person's
phone number to the Code Compliance Division employee responsible
for the tow list.
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2. Rotation.
a. Wrecker companies shall rotate Code Compliance tows on a
monthly basis.
b. TOW CONTRACTOR is required to notifY CITY'S Code
Compliance Division and the employee responsible for the tow list,
at least ten (10) days in advance of its month to undertake Code
Compliance tows, if said TOW CONTRACTOR is unable to
perform such tows as requested by CITY. In 1he event TOW
CONTRACTOR is unable to perform, i1 shall be moved to the end
of the Code Compliance Rotation, and may be subject to penalties
as provided in this Agreement.
c. TOW CONTRACTOR's failure to perform Code Compliance tows
for more than two (2) months during any twelve (12) month period
may result in suspension from ALL tow lists for a period of time
as determined under the sole discretion of the CITY'S City
Manager.
C. CITY hereby reserves the right to modifY the rotation schedule or procedure for
Code Compliance tows under this section of the Agreement in an effort to
improve upon the procedure to place Code Compliance tows in the regular
rotation or otherwise.
29.0 TERM OF AGREEMENT.
This Agreement shall take effect as of the date the Agreement is ratified by Resolution of
the City of Boynton Beach City Commission, and shall have a 1erm of two (2) years from
that date. This Agreement shall be automatically renewed for one (I) additional year,
unless either party provides written notice via certified mail to the other party within
thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at
the end of the term.
29.1 INDEPENDENT CONTRACTOR.
This Agreement does not create an employee/employer relationship between the parties.
It is the intent of the parties that TOW CONTRACTOR is an independent contractor
under this Agreement and not the CITY'S employee for all purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
paymen1s, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers
Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR
shall retain sole and absolute discretion in the judgment of the manner and means of
carrying out TOW CONTRACTOR'S activities and responsibilities hereunder. TOW
CONTRACTOR agrees that it is a separate and independent enterprise from the CITY;
that i1 has full opportunity to find other business; that it has made its own investment in
its business, and that it will utilize a high level of skill necessary to perform the work.
This Agreement shall not be construed as creating any joint employment relationship
between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any
obligation incurred by TOW CONTRACTOR, including but not limited to unpaid
CA26
minimum wages and/or overtime premiums.
29.2 NOTICE.
Whenever any party desires to give notice unto any other party, it must be given by
written notice, sent by certified United States mail, with return receipt requested,
addressed to the party for whom it is intended and the remaining party, at the places last
specified, and the places for giving of notice shall remain such until they shall have been
changed by written notice in compliance with the provisions of this section.
For the present, the TOW CONTRACTOR and the CITY designate the following as the
respective places for giving of notice:
CITY:
City Manager
City of Boynton Beach
P.O. Box 310
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
TOW CONTRACTOR:
29.3 BINDING AUTHORITY.
Each person signing this Agreement on behalf of either party individually warrants that he
or she has full legal power to execute this Agreement on behalf of the party for whom he
or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
29.4 SEVERABILITY.
If any provision of this Agreement or application thereof to any person or situation shall
to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable shall not be affected thereby, and shall continue
in full force and effect, and be enforced to the fullest extent permitted by law.
29.5 GOVERNING LAW.
The terms and conditions of this Agreement shall be governed by and interpreted under
the laws of the State of Florida. Venue for the purposes of any litiga1ion arising out of
this agreement shall be in Palm Beach County, Florida.
29.6 EXTENT OF AGREEMENT.
This Agreement represents the entire and integrated agreement between CITY and TOW
CONTRACTOR and supersedes all prior negotiations, representations or agreements,
either written or oral.
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IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year
first written above.
CITY
BY:
City Manager
ATTEST:
APPROVED AS TO FORM:
City Clerk
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared , and acknowledged he/she executed the
foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her
act and deed.
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IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this _ day of 2004.
NOTARY PUBLIC
My Commission Expires:
TOW CONTRACTOR
WITNESSES:
BY:
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared , and acknowledged he/she executed the
foregoing Agreement for the use and pmposes mentioned in it, and that the instrument is his/her
act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this _ day of 2004.
NOTARY PUBLIC
My Commission Expires:
WP\AGMTS\Towing Agreement
CA29
The City of
Boynton Beach
Procurement Services
100 E Boynton Beach Boulevard
Po. Box 310
Boynton Beach Flonda 33425-0310
Telephone No: (561) 742-6320
FAX: (561) 742-6306
REQUEST FOR QUALIFICATIONS INVITATION
FROM TOWING CONTRACTORS
FOR
"TWO YEAR CONTRACT FOR VEHICLE TOWING ROTATION
PROGRAM"
RFQ # 007-21l0-05/CJD
Sealed RFQ's will be received in Procurement Services, City of Boynton Beach, 100 E. Boynton
Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by:
December 2,2004, No Later Than 2:30 P.M. (Local Time).
RFQ's will be opened in:
PROCUREMENT SERVICES-CITY HALL
2ND FLOOR
unless otherwise designated
All RFQ's received will be publicly opened and read aloud. RFQ's received after the assigned
date and 1ime will not be considered. The Procurement Services time stamp shall be conclusive
as to the timeliness of filing. The City of Boynton Beach is not responsible for the U_S. Mail or
private couriers in regard to mail being delivered by a specified time so that an RFQ can be
considered. The City reserves the right to consider RFQ' s that have been determined by the City
to be received late due to mishandling by the City after receipt of the RFQ and no award has been
made. A Pre-Submittal Conference is scheduled for November 9, 2004 at 2:30 p.m. (local
time to be held in Ci Hall Conference Room "B" 100 E. Bo nton Beach Boulevard,
Bovnton Beach, Florida. Attendance is highly recommended and proof of attendance will be
indicated by the Qualifier's signature or their appointee on the attendance sheet provided at the
Pre-Submittal Conference_
Any questions relative to any item(s) or portion of this RFQ should be directed to Carol Doppler,
CPPB, Senior Buyer (561) 742-6323.
America's Gateway to the Gulfstream
SCOPE OF SERVICES: The City of Boynton Beach is seeking qualified tow companies to
provide Class A, B, & C towing services on a rotational basis.
ATTENTION ALL INTERESTED QUALIFIERS:
Due to the expense in mailing, complete se1s of specifications are available for pick-up or will be
mailed to your office upon request.
Contact: CITY OF BOYNTON BEACH PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
(561) 742-6323 - Carol Doppler
Office Hours: MONDAY - FRIDAY, 8:00 A.M. TO 5:00 P.M.
REQUEST FOR QUALIFICATIONS
TWO YEAR CONTRACT FOR VEHICLE TOWING ROTATION
PROGRAM
FOR THE CITY OF BOYNTON BEACH, FLORIDA
RFO #007-21l0-05/CJD
SECTION I - SUBMITTAL INFORMATION
A. The City of Boynton Beach will receive RFQ responses until December 2. 2004. at 2:30
P.M. in Procurement Services located on the second floor of City Hall, 100 E. Boynton
Beach Boulevard, to provide the Ci1y with professional services for Towing Services to
provide Class A, B & C towing Services wi1h the City of Boynton Beach's boundaries
related to "TWO YEAR CONTRACT FOR VEHICLE TOWING ROTATION
PROGRAM."
B. Any responses received after the above stated time and date will not be considered. 11
shall be the sole responsibility of the qualifier to have their RFQ response delivered to
Procurement Services for receipt on or before the above stated time and date. 11 is
recommended that responses be sent by an overnight air courier service or some other
method that creates proof of submittal. RFQ responses which arrive after the above stated
deadline as a result of delay by the mail service shall not be considered, shall not be
opened at the public opening, and arrangements shall be made for 1heir return at the
qualifier's request and expense. The City reserves the right to consider submittals that
have been determined by the City to be received late due solely to mishandling by the
City after receipt of the RFQ and prior to the award being made.
C. These RFQ's will be publicly opened and read aloud in Procurement Services after the
designated due date, on December 2. 2004. at 2:30 P.M. (local time). All qualifiers or
their representatives are invited to be present. Procurement Services is located on the
second floor of City Hail, 100 E. Boynton Beach Boulevard.
D. A pre-submittal conference will be held on November 9. 2004. at 2:30 P.M. at Boynton
Beach City Hall, 100 E. Boynton Beach Boulevard in Conference Room "B", West Wing
to answer questions pertaining to this Request for Qualifications. All qualifiers are highly
recommended to attend this conference, as no additional informa1ion will be given over
the phone and no additional mee1ings will be scheduled with qualifiers to discuss the
project. The issuance of a written addendum is the only official me1hod whereby
interpretation, clarification or additional information can be given. If any addendum( s) are
issued to this Request for Qualifications, the City will attempt to notifY all prospective
qualifiers who have secured same, however, it shall be the responsibilitv of each qualifier,
prior to submi1ting the RFQ response, to contact the City Procurement Services at (561)
742-6323 to determine if any addendum(s) were issued and to make any addendum
acknowledgements as part of their RFQ response.
E. An original (so marked) and four (4) copies of the RFQ response shall be submitted in
one sealed package clearly marked on the outside 'TWO YEAR CONTRACT FOR
VEHICLE TOWING ROTATION PROGRAM", and addressed to: City of Boynton
Beach, Procurement Services, P.O. Box 310, Boynton Beach, FL 33425-0310.
F. Responses shall clearly indicate the legal name, address and telephone number of the
qualifier (firm, corporation, partnership or individual). Responses shall be signed above
the typed or printed name and title of the signer. The signer shall have 1he authority to
bind the qualifier to the submi1ted RFQ. Qualifiers must note 1heir Federal LD. number
on their RFQ submi1tal.
G. All expenses for making RFQ responses to the City are to be borne by the qualifier.
H. A sample draft contract that the City previously issued is contained in this Request for
Qualifications for review. The City reserves the right to modify the contract language
prior to execution. The scope of services will closely track the scope of work detailed in
the specifications of this Request for Qualifications.
SECTION 2-SCOPE OF WORK
The City of Boynton Beach is actively seeking qualified tow companies to provide vehicle
towing services in accordance with the terms, conditions and specifica1ions contained in this
Request for Qualifications (RFQ). to provide Class A, B and Class C towing services. Tow
Companies will be issued a certificate of qualification to provide towing services as stated in the
terms and conditions of this agreement.
If more than one (1) tow Company is selected, the city shall utilize a per incident rotation system
of operations for this agreement.
SECTION 3 - REQUIREMENTS OF APPLICATION
For consideration, an original so marked and four (4) copies of the RFQ and the
accompanying information must be submitted in a sealed envelope which is clearly and
visibly marked on the outside of the RFQ: "TWO YEAR CONTRACT FOR VEHICLE
TOWING ROTATION PROGRAM".
All RFQ's must be submitted and received in the Procurement Services Department, 100 E.
Boynton Beach Blvd., or P.O. Box 310, Boynton Beach, Florida 33425-0310. Procurement
Services is located in the Main City Hall Complex, second floor.
2
DEADLINE IS: DECEMBER 2. 2004. No later than 2:30 P.M. (local time).
All applica1ions must be submitted as specified on the application pages. Any attachments must
be clearly identified. To be considered, the application must respond to all parts of the RFQ.
Any other information thought to be relevant, but not applicable to the enumerated categories,
should be provided as an appendix to the proposal.
If publications are supplied by an applicant to respond to a requirement, the response should
include reference to the docwnent nwnber and page number. This will provide a quick reference
for the evaluators. Applications not providing this reference will be considered to have no
reference material included in the additional documents.
SECTION 4 - SELECTION CRITERIA:
A The RFQ response should be designed to portray to the Ci1y how the qualifier's range of
services can best assist with the TOWING SERVICES. In order to evaluate the capabili1ies of
all firms, each RFQ shall include, at a minimum, the following information:
I. It is essential that the project be supervised and carried out by personnel possessing
training and experience appropriate to Towing Services. The RFQ shall include:
a) The names and positions of each driver to be assigned to this RFQ.
b) Willingness and ability to meet the time constraints considering the firm's current
and projected workload.
c) Resumes of personnel re: experience in towing
d) Evidence of possession of required licenses or business permits.
e) Evidence of previous experience in towing of a similar nature. Provide contact
names and phone numbers along with project names and appropriate agency
contacts.
2. Reference listing, including contact names and phone numbers.
3. A Iis1 of all lawsuits in which the firm has been named as a party in the past two (2)
years.
B. INTERVIEW PANEL:
I. The City will provide an Evaluation Commi1tee that will review all RFQ responses,
formally interview eligible top ranking qualifiers and negotiate fees.
2. The panel will recommend the top firms to Commission along with negotiated fees.
3. After ranking is completed, the City will negotiate an agreement substantially based on
the attached contract found in Appendix "B" and the final scope of services will be
3
developed from this Request for RFQ. The City reserves the right to include additional
provisions if the inclusion is in the best interest of the City, as determined solely by the
City. Assuming the successful negotiation of an agreement, the final contract will be
formalized by the City Attorney and submitted to the City Commission for their
consideration.
4. Each proposer, by submission of an RFQ response, acknowledges that in the event of any
legal action challenging the award of the project, damages, if any, shall be limited to the
actual cost of the preparation of the RFQ.
5. Each respondent is deemed to have knowledge of all applicable federal, state and local
laws, rules, ordinances and regulations of all authorities having jurisdiction over all
aspects of Towing.
C. RANKING OF THE FIRMS BY THE EV ALVATION COMMITTEE
The evaluation Committee will be ranking all proposers based on the following criteria on a scale
of 1 -5, five (5) being the highest.
I. Submitting for towing Class: Class A and B and Class C
2. Possess required number of wreckers based on specifications
3. List of company equipment to include model, year, towing capacity and equipment
condition to meet City's standards, and codes.
4. List of storage compounds must be within 10 mile radius of City limits: Inside
Storage and Outside Storage will be inspected by the Committee to be sure the
compound is in compliance with Chapter (10), Article I, Sections 10-2 and 10-3 of the
Code of Ordinances that it is free of loose debris, auto parts laying around, fence and
gate have locks, area is not susceptible to flooding, hedges are trimmed and
landscaping is neat as addressed in Chapter 15, Article IX. Also Chapter 2 Zoning,
Section 8 that all storage of vehicles to be screened.
5. List of towing operators to include; Full time or part time, Training of each operator
(last 2 years), Social Security numbers, CDL Numbers and Annual Motor Vehicle
Incident Report on all CDL holders.
6. List and provide copies of licenses to include Chapter 13, Article of the Code of
Ordinances
7. Comply with Insurance requirements
8. Capable of providing a Performance Bond or a Letter of Credit
9. Meets eligibility requirements of Exhibit "B" - Number of years in similar services
I O. Provided firm names and locations for such services provided
II. Interest in automotive/truck repairs, paint and body, salvage, junkyard, or recycling
business
12. Listing of owners or principal stockholders
13. List of persons with direct responsibility for operations of firm (history, resume)
14. Listing of Clients provided similar service within the last (2) years
15. Bank reference
4
16. Listing of pending lawsuits
17. Consider past two (2) years performance of Tow Companies currently holding
Certificates of Qualifications under the exis1ing City of Boynton Beach Tow Services
Agreement. The Committee will consider previous written complaints, evaluate
responsiveness to calls, and the overall customer service to the City and the general
public.
5
SECTION 5 - APPLICATION SIGNATURE PAGE
TO: The City of Boynton Beach
The below signed hereby agrees to furnish the following article(s) or services and terms
stated subject to all instructions, conditions, specifications, addenda, legal advertisement, and
conditions contained in the RFQ.
I have read all attachments including the specifications and fully understand what is required.
By submitting this signed application. I will accept an agreement if approved by the City and
such acceptance covers all terms, conditions, and specifications of 1his proposal.
Application submitted by:
Name
(Printed):
Title:
Company: (Legal Registered)
Address;
City:
State:
Zip:
Telephone No.:
Fax No.:
Signature:
Date:
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SECTION --{) APPLICATION REQUIREMENTS QUESTIONNAIRE _ (Note: Additional
sheets may be used to answer questions.)
A. INDICATE BY CHECKING APPROPRIATE SPACE FOR WHICH TOWING CLASS
YOUR COMPANY IS SUBMITTING AN APPLICATION.
Class A and B (See agreement wrecker specifications)
Class C (with low boy capability, low boy may be subcontracted and
subcontractor must meet all requirements of this agreement and must be
approved by the City. All information must be submitted with the Proposal
and clearly indicated.)
Do you have the required number of wreckers as indicated in agreement specifications for the
towing class checked above?
Yes No Ifno, your proposal cannot be considered.
B. List company equipment to include model, year, towing capacity and equipment
condition that you propose for this agreement. (Any equipment submitted in this
proposal to be considered must be operational/road ready at the time of proposal
submittal and must remain operational/road ready during the selection process for
awarding of this agreement).
C. List and identify the address, telephone number and capacity (inside and outside storage)
of the principal compound and subsidiary compound (for junk/abandoned, must be within
10 mile radius of City limits) proposed for the agreement.
Is storage space subcontracted Yes No
D. List the 1owing/recovery vehicle operators that are employed and whether on a full-time
or part-time basis. And indicate the training each towing/recovery vehicle operator has
received during the past two (2) years. Also include social security number and CDL
number for each employee listed. Enclose with the Proposal the Annual Motor Vehicle
Incident Reports on all CDL Holders.
E. List and provide a copy of all necessary, County, City and other licenses and permits as
may be required to operate the type requisite business.
F. Do you currently cany level of insurance required? Yes No. Proof of
Insurance is required at the time of submitting proposal and show proof at time of
application.
G. Can you obtain the Performance Bond or Letter of credit as required?
Yes No If no, comment below.
7
H. Do you meet all the eligibility requirements of Exhibit B? Yes
your application cannot be considered.
No Ifno,
Number of years experience the proposer has had in providing similar services;
years
I. List firm name and locations where such services have been provided.
J. Do you have any interest in an automotive or truck repair, paint and body, salvage,
junkyard, or re-cycling business? Yes No If yes, explain
details including name address and relationship to applicant below:
K. List all owners or principal stockholders as applicable. Principal stockholder is defined
as a holder of more than ten (10%) percent of the outstanding issued stock. For each
person listed provide name and home address.
1. List all persons who will have direct responsibility for the operations of the firm, if
awarded a certificate of qualification. For each person listed give employmen1 history for
the last two (2) years. A brief resume or summary of qualifications and experience may
be included in your applica1ion for each person listed.
M. List clients for whom you have provided similar services in the last two (2) years.
Provide name, address, telephone number, contact person, and dates services were
initiated and terminated.
N. One (I) Bank Reference: Provide name, address, telephone number, and contact person.
O. Lawsuits (any) pending or completed involving the corporation, partnership or
individuals with more than ten percent (10%) interest:
a. List all pending lawsuits which are concerned directly with the staff or part of
your organization proposed for the agreement:
The applicant understands that the information contained in this application is to be relied upon
by the City in awarding the proposed Agreement, and such information is warranted by the
applicant to be true. The applicant agrees to furnish such additional information, prior to
acceptance of any application relating to the qualifications of the applicant, as may be required by
the Ci1y.
PROPOSER: PLEASE ENSURE THAT YOU HAVE SIGNED THE SIGNATURE PAGE
OF THESE APPLICATION PAGES. OMISSION OF A SIGNATURE ON THAT PAGE
WILL RESULT IN REJECTION OF YOUR PROPOSAL.
8
Company Name
Street Address
City
State and Zip code
( )
Area Code
Telephone #
Signature of an Officer of the Company
Print Name
9
OFFICERS OF CORPORATION OR MEMBERS OF PARTNERSHIP
(Strike out words that are not applicable)
TITLE
ADDRESS
NAME
SEALED APPLICA TrON
To All Applicants:
The undersigned as applicant does declare that no other persons other than the applicant herein
named has any interest in this request for qualification or in the agreement to be taken and that it
is made without any connection with any other person or persons making application for the
same article, and is in all respects fair and without collusion or fraud. The undersigned further
declares that he has carefully examined the specifications and is thoroughly familiar with its
provisions and with the quality, type and grade of materials called for. The undersigned further
declares that he proposes to furnish the articles called for within the specified time in this
agreement for the following price, to wit:
DATE:
10
VEHICLE TOWING SERVICE AGREEMENT:
REMARKS/EXCEPTIONS:
FIRM NAME
SIGNATURE
TITLE
ADDRESS:
II
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, the undersigned, hereby duly sworn, deposes and says, that no portion of the sum of this
RFQ will be paid to any employee of the City of Boynton as a commission, kickback, reward
of gift, directly or indirectly by me or any member of my firm or by an officer of the
corporation.
BY:
Sworn and subscribed before me this _ day of
,2004
Notary Public
D. My Commission Expires:
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GENERAL CONDITIONS FOR QUALIFIERS
FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, Sta1e
and Local laws, ordinances, rules and regulations that in any manner affect the equipment.
Ignorance on the part of the qualifier will in no way relieve them from responsibility.
RFO FORMS: The qualifier will submit an RFQ on the forms provided. All descriptive
information must be legibly entered. The qualifier IS required to be licensed to do business as an
individual, partnership or corporation in the State of Florida. All RFQ forms must be executed
and submitted in the envelope (generally "yellow") provided by the City for easy identification.
The RFQ submittal envelope is provided in each RFQ package and is attached to the "Statement
of No Submittal" form. The face of the envelope shall contain the company's name and address,
RFQ title, number, RFQ date and time. When the RFQ submi1ted is larger than the envelope
provided, insert reques1ed information and material into a large envelope, affix the RFQ envelope
to the outside and fill in all requested information. RFQ's not submitted on attached RFQ forms
may be rejected. All RFQ's are subject to the conditions specified herein. Those which do not
comply with these conditions are subject to rejection.
EXECUTION OF RFO: RFQ must contain a manual signature of an authorized representative in
the space provided on all affidavits and RFQ sheets.
NO SUBMITTAL: If not submitting an RFQ, respond by returning one copy of the
"STATEMENT OF NO SUBMITTAL" in the envelope provided (generally "yellow"), and
explain the reason by indicating one of the reasons listed or in the space provided. Repeated
failure to quote without sufficient jus1ification shall be cause for removal of the vendor's name
from the mailing list. NOTE: To qualify as a respondent, qualifier must submit a "NO
SUBMITTAL" and it must be received no later than the stated RFQ receiving date and hour.
RFO OPENING: Shall be public, on the date as specified on the RFQ form. It is the qualifier's
responsibility to assure that the RFQ is delivered at the proper time and place prior to the RFQ
opening. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in
regards to mail being delivered by a specified time so that an RFQ can be considered. RFQ's
which for any reason are not so delivered, will not be considered. The City reserves the right to
consider RFQ's that have been determined by the City to be received late due to mishandling by
the City after receipt of the RFQ and no award has been made. Offers by telegram or telephone
are not acceptable.
RIGHT TO REJECT RFO: Right is reserved to reject any or all RFQ's and to waive technical
errors, or to accept any RFQ's that are in part deemed as the best responsible qualifier which
represents the most advantageous RFQ to the City. In determining the "mos1 advantageous
RFQ", price, quantifiable factors, and other factors are considered. This would include
specifications, delivery requirements, the initial purchase price, life expectancy, cost of
maintenance and operation, operating efficiency, training requirements, disposal value and other
factors contributing to the overall acquisition cost of an item.
13
Consideration may be given, but not necessarily limited to conformity to the specifications,
including timely delivery, product warranty, a qualifier's proposed service, ability to supply and
provide service, delivery to required schedules and past performances in other Contracts with the
City or other government entities.
RIGHTS OF THE CITY: The City expressly reserves the right to:
A. Waive as an informality, minor deviations from specifications at a lower price than the best
responsible qualifier meeting all aspects of the specifications and consider it, if it is
determined that total cost is lower and the overall function is improved or not impaired;
B. Waive any defect, irregularity or informality in any RFQ or qualifying procedure;
C. Reject or cancel any or all RFQ's;
D. Reissue Request For Qualifications Invitation;
E. Extend the RFQ opening time and date;
F. Consider and accept an alternate RFQ as provided herein when most advantageous to the
City.
STANDARDS: Factors to be considered in determining whether the standard of responsibility
has been met include whether a prospective qualifier has:
A. Available the appropriate financial, material, equipment, facili1y and personnel resources and
expertise, or the ability to obtain them, necessary to indicate its capability to meet all
contractual requirements;
B. A satisfactory record of performances;
C. A satisfactory record of integrity;
D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach;
E. Supplied all necessary information in connection with the inquiry concerning responsibility.
INFORMATION AND DESCRIPTIVE LITERATURE: Qualifiers must furnish all intorma1ion
requested in the spaces provided on the RFQ form. Further, as may be specified elsewhere, each
qualifier must submit for RFQ evaluation cuts, sketches, and descriptive literature and technical
specifications covering the products offered. Reference to literature submitted with a previous
RFQ or on file with the buyer will not satisfy this provision.
INTERPRETATIONS; Any questions concerning conditions and specifications should be
directed to this office in writing no later than ten (10) days prior to the RFQ opening. Inquiries
must reference the date by which the RFQ is to be received.
14
CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions
ofthe City of Boynton Beach, Palm Beach County, of the State of Florida.
SUBCONTRACTING: If a qualifier subcontracts any portion of a Contract for any reason, they
must state the name and address of the subcontractor and the name of the person to be contacted
on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to
accept or reject any or all RFQ's wherein a subcontractor is named and to make the award to the
qualifier, who, in the opinion of the City, will be in the best interest of and/or most advan1ageous
to the City. The City also reserves the right to reject the RFQ of any qualifier if the RFQ names a
subcontractor who has previously failed in the proper performance of an award or failed to
deliver on time Contracts of a similar nature, or who is not in a position to perform properly
under this award. The City reserves all rights in order to make a determination as to the
foregoing.
ADDENDA: From time to time, the City may issue an addendum 10 change the intent or to
clarify the meaning of the Contract documents. Since all addenda are available to qualifiers at the
Office of Procurement Services, it is each qualifier's responsibility to check with the issuing
office and immediately secure all addenda before submitting RFQ' s. It is the usual practice for
the City to mail an addendum to known qualifiers, but it cannot be guaranteed that all qualifiers
will receive ALL addendum(s) in this manner. Each qualifier shall acknowledge receipt of ALL
addenda by notation on the RFQ.
ESCALATOR CLAUSE: Any RFQ which is submitted subject to an escalator clause will be
rejected.
EXCEPTIONS: Incorporation in an RFQ of exceptions to any portiones), of the Contract
documents may invalidate the RFQ. Exceptions to the Technical and Special Provisions shall be
clearly and specifically noted in the qualifier's RFQ on a separate sheet marked "EXCEPTIONS
TO THE SPECIFICATIONS" and this sheet shall be attached to the RFQ. The use of
qualifier's standard forms, or the inclusion of manufacturer's printed documents shall not be
construed as constituting an exception within the intent of the Contract documents.
DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished
hereunder, the decision of the City Manager shall be final and binding on both parties.
ANTITRUST CAUSE OF ACTION: In submitting an RFQ to the City of Boynton Beach, the
respondent offers and agrees that if the RFQ is accepted, the respondent will convey, sell, assign
or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action
it may now or hereafter acquire under the an1itrust laws of the United States and State of Florida
for price fixing relating to the particular commodities or services purchased or acquired by the
City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be
made and become effective at the time the purchasing agency tenders final paymen1 to the
respondent.
15
GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be
imposed which would necessitate alteration of the material, quality, workmanship or
performance of the items offered on this RFQ prior to their delivery, i1 shall be the responsibility
of the successful qualifier to n01ify the City at once, indicating in a letter the specific regulation
which required an alteration. The City reserves the right to accept any such alterations, including
any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City.
LEGAL REOUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and
regulations that in any manner affect the items covered herein apply. Lack of knowledge by the
qualifier will in no way be a cause for relieffrom responsibility.
ON PUBLIC ENTITY CRIMES - All Request for Qualifications Invitations as defined by
Section 287.012(11), Florida Statutes, Requests for Qualifications as defined by Section
287.012(16), Florida S1atutes, and any contract document described by Section 287.058, Florida
Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of
Section 287.133, Florida Statutes, which reads as follows:
"A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit an RFQ on a con1ract or provide any goods or services to
a public entity, may not submit an RFQ on a contract with a public entity for the construction or
repair of a public building or public work, may not submit RFQ's on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcon1ractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list".
ADVERTISING: In submitting an RFQ, the qualifier agrees not to use the results therefrom as a
part of any commercial advertising. Violation of this stipulation may be subject to action covered
under "NONCONFORMANCE TO CONTRACT CONDITIONS".
ASSIGNMENT: Any Purchase Order issued pursuant to this RFQ invitation and 1he monies
which may become due hereunder are not assignable except with the prior written approval of the
City.
LIABILITY: The supplier hold and save the City of Boynton Beach, Florida its officers, agents,
volunteers and employees harmless from liability of any kind in the performance of this Contract.
PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: This RFQ may
be expanded to include other governmental agencies. In some cases, Cooperative Purchasing
Agreement exists or an Interlocal Agreement for joint purchasing exists between the City of
Boynton Beach and the other public agency. All qualifiers submitting a response to this Request
for Qualifications Invitation agree that such response also constitutes a response to ALL
POLITICAL SUBDIVISIONS OF PALM BEACH COUNTY, FLORIDA, and the Palm
Beach County School Board, under the same conditions, for the same price(s) and the same
effective period as this RFQ.
16
This agreement in no way restricts or interferes with the righ1 of ANY POLITICAL
SUBDIVISION OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County
School Board, to re-qualify any or all items. It is hereby made a part of this Request for
Qualifications Invitation that the submission of any RFQ in response to this advertised request
constitutes an RFQ made under the same conditions, for the same Contract price, and for the
same effective period as this RFQ, to the PALM BEACH COUNTY SCHOOL BOARD.
A WARD OF CONTRACT: Contracts or Purchase Orders will be awarded by the City to the
most responsive, responsible qualifier whose RFQ represents the most advantageous RFQ to the
City, Evaluation of RFQ's will be made based upon the evaluation factors and standards
heretofore set forth. The City reserves the right to reject any and all RFQ's and to waive technical
errors as heretofore set forth. In the event of a Court challenge to an award by any qualifier,
damages, if any, resulting from an improper award shall be limited to actual RFQ preparation
costs incurred by the challenging qualifier. In no case will the award be made until all necessary
investigations have been made into the responsibility of the qualifier and the City is satisfied that
the best responsible qualifier is qualified to do the work and has the necessary organization,
capital and equipment to carry out the required work within the time specified.
LICENSE AND PERMITS: It shall be the responsibility of the successful qualifier to obtain all
licenses and permits, if required, to complete this service at no additional cost to the City. City
Permit Fees relating to City projects are waived. Licenses and permits shall be readily available
for review by the Deputy Director of Financial Services and City Inspectors.
COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all
material, equipment, etc., contained in this RFQ meets all O.S.H.A. requirements. Qualifier
further certifies that if awarded as the successful qualifier, and the material equipment, etc.
delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of
delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the
aforementioned requirements shall be borne by the qualifier.
Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A.
and State safety regulations and requirements.
QUESTIONS: Any questions relative to any item(s) or portion of this RFQ or Request for
Qualifications Invitation should be directed to: Matt Immler. Assistant Chief. Mondav
throueh Fridav from 8:00 A.M. to 5:00 P.M. at (561) 742-6107.
RENEWAL: This agreement shall be for a term of (2) years with provisions to be automatically
renewed for one (I) additional year unless either party provides wri1ten notice via certified mail
to the other party within thirty (30) days of the end of the yearly term, that the agreement shall be
terminated at the end of the term.
17
SPECIAL CONDITIONS FOR QUALIFIERS
I. It will be the responsibility of the successful qualifier to supply necessary labor for placement
of all equipment as specified.
2. The City by written notice, may terminate in whole or in part any Contract resulting from the
invitation, when such action is in the best interest of the City. If the Contract(s) are so
terminated the City shall be liable for only payment for services rendered prior to the
effective date of termination. Services rendered will be interpreted to include costs of items
already delivered plus reasonable costs of supply actions short of delivery.
3. It shall be the responsibility of the successful qualifier to maintain workers' compensation
insurance, property damage, liability insurance and vehicular liability insurance, during the
time any of his personnel are working on City of Boynton Beach property. Loss bv fire or anv
other cause shall be the responsibilitv of the vendor until such time as the items and/or work
has been accepted bv the Citv. The vendor shall furnish the City with a certificate of
insurance after award has been made prior to the start of any work on City property. Said
insured companies must be authorized to do business in the State of Florida and the City will
not accept any company that has a rating less than B+ in accordance to A.M. Best's Key
Rating Guide, latest edition.
4. The City of Boynton Beach reserves the right, before awarding the Contract to require a
qualifier to submit such evidence of qualifications as it may deem necessary, and may
consider any evidence available to it of the financial, technical and other qualifications and
abilities of a qualifier, including past performance (experience) with the City in making the
award in the best interest of the City.
5. The successful qualifier shall at all times guard from damage or loss of property of the City or
of other vendors or Contractors and shall replace repair any loss or damage unless such has
been proven to have been caused by the City, other vendors or Contractors. The City may
withhold payment or make such deductions as it may deem necessary to insure
reimbursement for loss or damage to property through negligence of the successful qualifier
or his agent.
18
QUALIFIER ACKNOWLEDGEMENT
Submit RFQ's To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6323
Broadcast Date: OCTOBER 18, 2004
RFQ Title: TWO YEAR CONTRACT FOR VEHICLE TOWING
ROTATION PROGRAM
RFQ Number: 007-2110-0S/CJD
RFQ Received By: DECEMBER 2, 2004, NO LATER THAN 2:30 P.M. (LOCAL TIME)
RFQ's will be opened in Procurement Services unless specified otherwise. RFQ receiving date
and time is scheduled for: DECEMBER 2, 2004, 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 RFQ shall conform to applicable sections of the charter and
codes of the City.
Name of Vendor:
Federal LD. Number:
A Corporation of the State of:
Area Code:
Telephone Number:
Area Code:
FAX Number:
Mailing Address:
City/State/Zip:
Vendor Mailing Date:
Authorized Signature
Name Typed
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE
19
ADD END A
CITY OF BOYNTON BEACH
FLORIDA
RFQ TITLE: TWO YEAR CONTRACT FOR VEHICLE TOWING ROTATION
PROGRAM
QUALIFIER:
DATE SUBMITTED:
We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach,
in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordination, labor and services necessary to complete/provide the
work specified by the Contract documents.
Having studied the documents prepared by:
MATT IMMLER
(Name of Project Manager/Architect/Consultant)
and having examined the project site (when indicated in these specifications to do so), we
propose to perform the work of this Project according to the Contract documents and the
following addenda which we have received:
ADDENDUM
DATE
ADDENDUM
DATE
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
20
STATEMENT OF QUALIFICATIONS
Each qualifier proposing on work included in these General Documents shall prepare and submit
the data requested in the following schedule of information.
This data must be included in and made part of each RFQ document. Failure to comply with this
instruction may be regarded as justification for rejecting the RFQ response.
* attach additional sheets giving the information
I. Name of Qualifier:
2. Business Address:
3. When Organized:
4. Where Incorporated:
5. How many years have you been engaged in business under the present firm name?
6. General character of work performed by your company.
7. Enclose evidence of possession of required licenses and/or business permits.
8. Number of employees.
9. Background and experience of principal members of your personnel, including officers. *
10. Bonding capacity.
I I. Have you ever defaulted on a contract? If so, where and why?*
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
21
12. Experience in performance of work similar in importance to this project.
Project
$ Value
Contact Name
Phone #
13. Contracts on hand. *
14. Largest completed projects (include final cost).
I)
2)
3)
15. List all lawsuits (related to similar projects) or arbitration to which you have been a party
and which: *
I) arose from performance: *
2) occurred within the last 4 years: *
3) provide case number and style: *
Dated at:
this _ day of
20
By:
(written signature)
Name:
(printed or typed)
Title:
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
22
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA
)
: SS
)
COUNTY OF PALM BEACH
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted
will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward
of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
By:
NAME - SIGNATURE
Sworn and subscribed before me
this day of
, 20
Printed Information:
NAME
TITLE
NOTARY PUBLIC, State of Florida
at Large
COMPANY
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
23
NON COLLUSION AFFIDAVIT OF PRIME QUALIFIER
State of
)
County of
)
, being first duly sworn, deposes and says that:
I) Heis of
(Title)
has submitted the attached RFQ:
, the qualifier that
(Name of Corporation or Firm)
2) He is fully informed respecting the preparation and contents of the attached submittal and of
all pertinent circumstances respecting such submittal;
3) Said RFQ is genuine and is not a collusive or sham RFQ;
4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a
collusive or sham RFQ in connection with the Contract for which the attached RFQ has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communications or conference
with any other qualifier, firm or person to fix the price or prices in the attached RFQ or of any
other qualifier, or to fix any overhead, profit or cost element of the RFQ price or the RFQ
price of any other qualifier, or to secure through any collusion, conspiracy, connivance or
unlawful agreement any advantage against the (Local
Public Agency) or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part ofthe qualifier or any of
its agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)
(Title)
Subscribed and sworn to before me
This _ day of
My commission expires
,20_
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
24
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 submittal sheet making it an official part of your RFQ 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
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE
25
CONFIRMATION OF DRUG-FREE WORKPLACE
IDENTICAL TIE SUBMITTALS
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more submittals 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 submittal 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 submittals 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:
I) 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
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under submittal a copy of the statement specified in subsection (I).
4) In the statement specified in subsection (I), notify the employee that, as a condition of
working on the commodities or contractual services that are under submittal, 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, I certify that this firm complies fully with
the above requirements.
Vendor's Signature
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
26
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STATEMENT OF NO SUBMITTAL
If you are not submitting an RFQ for this project, please complete and return this form to:
PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O.
Box 310, Boynton Beach, Florida 33425-03 I O.
Failure to respond may result in deletion of vendor's name from the qualified vendor's list
for the City of Boynton Beach.
COMPANY NAME:
ADDRESS:
TELEPHONE:
SIGNATURE:
DATE:
WE, the undersigned have declined to respond to your RFQ #007-2110-0S/CJD for TWO
YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM because of the
following reasons:
Specifications too "tight", i.e., geared toward brand or manufacturer only
(explain below)
Insufficient time to respond to the Invitation
We do not offer this product or an equivalent
Our product schedule would not permit us to perform
Unable to meet specifications
Unable to meet bond requirements
Specifications unclear (explain below)
Other (specify below)
REMARKS:
IF YOU ARE NOT SUBMITTING A RESPONSE FOR THIS PROJECT, PLEASE
COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES
28
SAMPLE AGREEMENT USED IN PREVIOUS YEARS
THIS IS AN AGREEMENT, dated the _ day of
, 2004, between:
THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation,
hereinafter referred to as "CITY",
and
, hereinafter referred to as "TOW CONTRACTOR".
WITNESSETH:
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, CITY and TOW CONTRACTOR agree as follows:
SPECIAL TERMS AND CONDITIONS
1.0 RATES.
The rates herein have previously been established and approved by the Boynton Beach
City Commission and will remain firm and fixed for the term of this Agreement. The
rates charges by TOW CONTRACTOR to provide all labor, tools, materials, and
equipment shall not be greater than the applicable maximum rates as provided by this
Agreement.
1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY
CITY
These rates are the only rates that will be charged vehicle owners under this Agreement:
A. TOWING BY ITEM DESCRIPTION
(I) Class A (cars, vans, light trucks
under 10,001 GVW) within City
limits;
(2) Motorcycles within the City limits;
Towing outside the City limits for
cars, vans, motorcycles, and Ii
trucks 3/4 and less charg
for miles starting w
is exited to th
Noch I
rom the City limits
(3)
CA-I
(8)
(4)
Class B (vehicles 10,001 to 33,000
GVW) within the City limits;
(5)
Towing outside the City limits
for Class B vehicles only for miles
starting where city limit is exited
to the final destination.
(6)
Class C vehicles (over 33,000
GVW) within City limits;
(7)
Class C vehicles outside City
limits only for miles starting
where city limit is exited to the
final destination.
Additional time at the scene
after first hour, per 1/2 hour
thereafter (applied to all vehicles,
cars, vans, and trucks under and
over 3/4 ton, for waiting and extra
street clean-up. This provision
shall not apply in conjunction with
vehicle recovery under Section I.2(C).
(9) Miscellaneous other charges
4 X 4/off-road vehicle recovery
Tarp fee
Lowboy service
Outside the City limits only for miles
starting where city limit is exited
to the final destination. No charge applied
within city limits.
CA-2
$175.00 per call
an additional
$4.00 per towed
mile from the City limits
No charge applied within city
limits.
$200.00 per call
an additional
$8.00 per towed
mile from the City limits
No charge applied within
City limits
$40.00 per
half hour
$95.00 for the
first hour, and
$30.00 per half
hour thereafter
$35.00 per call
$175.00 per hour
an additional $6.00 per
towed mile from City limits
Underwater recovery salvage
divers
$125.00 for first
half hour or part
thereof, and
$31.00 for each
additional 1/4
hour or part
thereof.
(10) For purposes of this Agreement, when CONTRACTOR is entitled to
additional charges based on time spent at the scene, unless otherwise
specified, CONTRACTOR shall apportion the charge set forth herein to be
consistent with the actual time spent on the scene.
B. STORAGE AND LIEN NOTICE
(I) Cars, vans, trucks under 3/4 ton
Outside storage $25.00 per day
Inside storage $30.00 per day
(2) Trucks and vehicles over 3/4 ton
Outside storage $35.00 per day
Inside storage $40.00 per day
(3) Motorcycles
Outside storage $15.00 per day
Inside storage $20.00 per day
(4) Boat and trailer (2 I feet and under)
Outside storage $17.00 per day
Inside storage $22.00 per day
(5) Boat andJrailer (over 2 I feet) $30.00 per day
(6) Lien notice (after 24 hours of $40.00 per vehicle
storage)
Per Florida Statutes, no storage fee shall be charged to the vehicle owner for a vehicle
stored less than six (6) hours.
"Per day" shall be defined as a twenty-four (24) hour period or any part thereof.
CA-3
C. VEHICLE RECOVERY
The following vehicle recovery fees may be charged to the vehicle owner when
the vehicle is overturned, embedded in sand, mud, or water, or requires more than
a single hook-up:
(I)
Class A and B wrecker on the
$90.00 per hour and $30.00
per each half hour after the
first hour
scene;
(2)
Extra man (each) on the scene
$35.00 per hour
D. ROAD SERVICE
For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service
fee of $40.00 per call may be charged to the vehicle owner for services such as
assisted start, unlocking a door, delivering gas, tire changes, etc.
1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES
A. All CITY owned or CITY leased vehicles under the 3/4 ton Class "A" wrecker
will be towed at forty (40%) percent the Class "A" rate, as indicated in Section
I.l I of this Agreement.
B. All CITY owned or CITY leased vehicles under 3/4 ton requiring road service as
indicated in Section I. I I of this Agreement will receive such services at forty
(40%) percent of the road service rate.
C. All vehicles towed at the request of the Boynton Beach Police department as a
crime scene vehicle, confiscated vehicle, forfeited vehicle, or in any other way
related to police business will be towed at forty (40%) percent of the contract rate
and will be stored for forty (40%) percent of the contract storage rate as stated in
Section I. I I of this Agreement.
D. All CITY owned or CITY leased vehicles towed under Class "B" or Class "C"
will be towed at forty (40%) percent of the appropriate Class "B" or "C" rate as set
forth in Section I.ll of this Agreement.
E. All vehicles towed at the request of Code Compliance, or any other department of
CITY in connection to City business, shall be towed at forty (40%) percent of the
contract rate and will be stored at forty (40%) percent of the contract rate, as set
forth in Section I. I of this Agreement.
F. City shall not be assessed any waiting time charges, whatsoever.
G. Companies will not lose position on rotation when called for tow of City owned
vehicle.
CA-4
1.3 SPECIAL AND ADDITIONAL CHARGES
A. WAITING TIME. The cost for waiting time shall not be assessed by TOW
CONTRACTOR until forty-five (45) minutes after arrival at the scene.
B. LABOR CHARGES. The cost for labor under any circumstances and when
applicable shall not be assessed by TOW CONTRACTOR until forty-five (45)
minutes have expired after arrival at the scene. Labor charge must be clearly
shown on the tow receipt with a written explanation of the labor charge.
C. LABOR CHARGES PROHIBITED. The cost for labor shall not be assessed to
CITY or Customer under any circumstances for the clean-up and removal of
vehicle parts and debris, regardless of the labor and time necessary to complete
clean-up and removal. Labor to the general public will be reviewed within six (6)
months of the effective date of this contract.
D. SERVICE CALL. TOW CONTRACTOR agrees that the mere response to a
service call scene without other action does not constitute a service for which
charges may be assessed to the vehicle owner.
E. DOCUMENTATION OF SPECIAL AND ADDITIONAL CHARGES.
TOW CONTRACTOR will document in detail on the tow receipt the reason(s)
for waiting time charges and the work performed for assessed labor charges.
TOW CONTRACTOR agrees that the special or additional charges may be
disputed by CITY officials and/or the vehicle owner or representative. TOW
CONTRACTOR further agrees that the City Manager or hislher designee will
make the final determination on the assessment of a disputed special and
additional charge, and that TOW CONTRACTOR shall abide by the decision of
the City Manager or his/her designee.
2.0 CONSIDERATION FOR A WARD AND A WARD PROCEDURES
A. A certificate of qualification shall be granted to the most responsible applicants
meeting the specifications set forth herein, which serve the best interests of the
CITY based upon the following criteria:
I. the ability of the applicant to provide the required services with regard to
the extent and condition of equipment and facilities, record keeping
procedures, competency of staff, financial support, and exceptions taken to
contract terms, conditions and specifications;
2. experience, qualifications, training and past performance of each proposed
towing company's owners and officers, and persons directly involved in
managing the service on a regular basis;
3. substantiated complaints received by CITY or Palm Beach County
Consumer Affairs concerning misconduct on the part of the proposed
towing company, such as excessive charges, poor business practices,
damage to vehicles, extensive involvement in litigation will be considered
CA.5
and shall weigh heavily against each applicant.
B. Evaluation of applications will be conducted by a committee of City staff who
shall evaluate all responsive applications received from applicants meeting or
exceeding the contract specifications based upon the information and references
contained in the applications. The committee shall also consider the inspection of
the applicant's facilities, equipment, record keeping, and employees. The
committee will then make recommendations to the City Manager in the form of a
list of proposed tow company applicants. The City Manager shall then turn over
his/her recommendation to the City Commission.
C. The City Commission reserves the right, based upon its deliberations and its
opinion, to award a certificate of qualifications.
2.1 ELIGIBILITY.
A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly
engaged in the towing business on a full-time basis in Palm Beach County and the
City of Boynton Beach, and shall be able to produce evidence or prior experience
in providing similar services continuously for the past two (2) years (one year of
which must have been within Palm Beach County, Florida).
B. TOW CONTRACTOR shall have satisfactory financial support, required
equipment and organization sufficient to ensure that TOW CONTRACTOR can
satisfactorily execute the services, if granted a contract, under the terms and
conditions stated herein.
C. In the event litigation arises out of the CITY's failure to select a particular
applicant, damages, if any, shall be limited to actual preparation costs incurred by
the challenging party.
D. The terms "equipment" and "organization" as used herein shall be construed to
mean a fully equipped and well established company as determined, approved or
ratified by the Boynton Beach City Commission.
E. TOW CONTRACTOR shall have an office and storage facility within the city
limits of the City of Boynton Beach at the time the proposal is submitted for
CITY's review. The storage facility shall be in full compliance with the terms of
this Agreement, and shall be maintained as such at all times during the duration of
this Agreement. TOW CONTRACTOR agrees that it will, at its sole cost and
expense, if selected, fulfill and comply with all laws, ordinances, codes,
regulations and requirements of the City of Boynton Beach, Palm Beach County,
the State of Florida, the United States of America, and any and all governmental
agencies having jurisdiction over the providing of services as contemplated in this
Agreement.
F. TOW CONTRACTOR must maintain at all times, any licenses or permits
required by the State of Florida, Palm Beach County and the City of Boynton
Beach in order to conduct business as a wrecker or tow service. Proof of said
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license shall be submitted prior to the approval of this Agreement.
G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton
Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances.
H. At all times during the term of this Agreement, TOW CONTRACTOR, its
subsidiaries, agents, employees or representatives shall only appear on the rotation
list once. Under no circumstances shall a Tow Contractor who has a business,
financial or legal relationship with another Tow Contractor be permitted to have
more than one place on the rotation list.
2.2 APPLICATION REQUIREMENTS.
All applications shall be submitted as specified on the application pages. Any
attachments must be clearly identified. To be considered, the application must respond to
all parts of the RFQ. Any other information thought to be relevant, but not applicable to
the enumerated categories, should be provided as an appendix to the proposal. If
publications are supplied by an applicant to respond to a requirement, the response should
include a reference to the document number and page number. This will provide a quick
reference for the evaluators of the application. Applications failing to provide this
reference will be considered to have no reference material included in the additional
documents.
ALL SUBMITTED MATERIALS BY PROPOSED TOW CONTRACTORS MUST BE
LEGIBLE. IF PROPOSAL IS NOT LEGIBLE. IT WILL NOT BE ACCEPTED. ANY
ILLEGIBLE APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMATICALLY
DISQUALIFIED AND WILL NOT BE CONSIDERED.
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2.3 GENERAL SPECIFICATIONS.
A. TOW CONTRACTOR shall maintain and have available at all times for
inspection by authorized CITY personnel, detailed records of all services rendered
relative to the subject Agreement.
B. TOW CONTRACTOR shall furnish towing service for the removal of vehicles
within the City of Boynton Beach when required and when dispatched or required
by the City of Boynton Beach Police Department (or other CITY authorized
representative in the case of city-owned or city leased vehicles). Such services
shall be made available on a twenty-four (24) hour basis. CITY shall be given
preference only for calls by the Police Department.
C. TOW CONTRACTOR shall maintain adequate storage space within the City for
said vehicles when towed. Said storage facilities shall meet the minimum
requirements set forth in this Agreement.
D. At an accident scene, TOW CONTRACTOR shall remove from the street and
surrounding area all broken glass and other debris resulting from the accident.
E. CITY shall have the right to cancel a request for tow company service up until the
time that a wrecker is hooked onto a vehicle and ready for transport to the storage
facility. However, if the tow is cancelled, the tow company will retain their
position in the rotation.
2.4 SPECIFICATIONS FOR WRECKERS.
The CITY agrees to maintain three (3) wrecker rotation lists, as follows:
I. Class "A"/"B" List;
2. Class "c" List; and
3. Code Compliance List (mandatory for all Class "A"/"B" tow
contractors).
A. TOW CONTRACTOR must own, lease (first-party) and be in possession, or
mortgage and have immediate access to two (2) CLASS "A"
TOWING/RECOVERY VEHICLES with the following specifications:
I. Small wreckers with a minimum four (4) ton capacity, with a minimum
GVW rating of 10,000 pounds and equipped with a cradle, or tow plat, or
sling, and safety chains.
2. Boom capacity greater than or equal to four (4) tons.
3. Power winch with a pulling capacity of at least four (4) tons.
4. At least One hundred (100) feet of3/8-inch thick (or greater) cable with an
end hook.
5. One of the required Class "A" wreckers must be a flatbed truck roll-back
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or slide-back, with a minimum four (4) ton capacity, a GVW rating of at
least 10,000 pounds, with at least (4) ton winch pulling capacity, a flat bed
seventeen to twenty (17-20) feet in length, and at least fifty (50) feet of 3/8
inch cable.
B. TOW CONTRACTOR must own, lease (first-party) and be in possession, or
mortgage and have immediate access to at least one (I) CLASS "B"
TOWING/RECOVERY VEHICLE, which shall be flatbed or slide-back, that is
mounted on a 23,000 pound GVWR chassis and equipped with a eight (8) ton
winch.
C. Should TOW CONTRACTOR desire to be placed on the Class "c" wrecker
rotation list, TOW CONTRACTOR must own, lease (first-party) and be in
possession, or mortgage and have immediate access to at least one (I) CLASS "C"
TOWING/RECOVERY VEHICLE with the following specifications:
I. Large wrecker with at least twenty-five (25) ton capacity, a GVW rating of
at least 25,000 pounds, a cradle or tow plat or sling, and safety chains or
wheel lift capability.
2. An extendible boom with a capacity of at least fifteen (15) tons;
3. A twin power winch with a pulling capacity of at least twenty-five (25)
tons.
4. At least two hundred (200) feet of 5/8 inch thick cable.
5. Air brakes with an auxiliary air supply.
D. Class "c" TOW CONTRACTORS must have the ability to tow an aerial fire
truck that is approximately 64,000 pounds GVW, any sanitation truck, and a
Track Excavator that is approximately 30 tons.
E. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access
to at least one (I) motorcycle trailer.
F. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the
following supplies and equipment:
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I. Operating clearance and marker lights, as well as any other equipment
required by Florida Statutes, or any other laws or codes governing tow and
recovery vehicles;
2. There shall be a rotor beam or strobe light, that is amber in color and
mounted on the wrecker in such a manner that it can be seen from the
front, rear and sides of the vehicle;
3. One (I) heavy-duty push broom;
4. A flood light on the hoist;
5. One (I) flat-nose shovel;
6. One (I) ax;
7. One (I) crowbar;
8. At least one (I), five (5) pound Carbon dioxide fire extinguisher with a
current inspection tag. The fire extinguisher must be an approved type;
9. One (I) pair of bolt cutters;
10. One (I) set of jumper cables;
I I. One (I) four-wait lug wrench;
12. One (I) high-intensity flashlight;
13. One (I) set of red highway reflectors;
14. Five (5) thirty minute flares;
15. Each wrecker and tow vehicle shall contain a telephone or radio
communications system to enable continuous direct contact between the
driver and the office of TOW CONTRACTOR; and
16. Each vehicle shall be specifically designed, constructed and equipped for
the towing of vehicles, and shall at all times, be properly maintained in a
mechanically safe condition.
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G. To be awarded and to maintain a certificate of qualification, a Class "A"/"B"
TOW CONTRACTOR shall have in operational condition at the time the
certificate of qualification is awarded and for the duration of this agreement at
least two (2) Class "A" wreckers, and one (I) Class "B" wrecker.
H. TOW CONTRACTOR shall have available at all times, sufficient equipment to
perform all services required herein on a timely and responsible basis. TOW
CONTRACTOR shall notify CITY in the event any of the required equipment, as
set forth in this Agreement, is inoperable, sold, levied upon, repossessed or
attached.
3.0 STANDARDS OF CONDUCT FOR TOW CONTRACTORS.
A. TOW CONTRACTOR shall comply with all laws, rules and regulations of any
governmental agency having jurisdiction in the premises, including but not limited
to, licensing and minimum safety requirements.
B. TOW CONTRACTOR shall be the holder of a general towing and wrecker
service license issued by Palm Beach County and shall be the holder or any
licenses required by Florida law and the City of Boynton Beach.
C. Each wrecker shall be manned by a driver who must meet the following
qualifications:
I. Possesses a valid State of Florida required Commercial Drivers License
(CDL);
2. Possess knowledge of the layout of streets and roadways within the City of
Boynton Beach; and
3. Be physically qualified to perform the normal and everyday tasks required
of a tow truck operator.
D. TOW CONTRACTOR shall ensure that each driver operates the company's
equipment in a safe and proper manner in accordance with operating manuals and
Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach
Police Department on a driver's unsafe, unlawful or improper operation,
documented corrective action must be taken by TOW CONTRACTOR.
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4.0 STORAGE FACILITIES.
TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles.
There shall be an outside, enclosed area and an inside storage area. All facilities shall be
located within the city limits and be owned or leased by TOW CONTRACTOR. TOW
CONTRACTOR's storage facilities cannot be relocated without written consent from
CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the
relocation shall constitute a breach of this Tow Agreement.
I. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to
maintain office facilities:
a. to include telephone and restroom facilities, and a work area containing,
for example, a desk, phone, facsimile machine, computer, etc.;
b. with a physical plant having the name of the company and the mailing
address and 24-hour phone number clearly painted;
c. that are accessible to CITY officials at anytime, 24 hours a day, 7 days a
week; and
d. that maintains a radio communication system at all times, 24 hours per
day, 7 days a week. TOW CONTRACTOR shall not utilize any phone
answering services(s), as said services are strictly prohibited under the
terms of this Agreement, and use of such services shall constitute a breach
thereof.
2. OUTSIDE STORAGE
a. Outside storage shall be kept and maintained to provide for the removal of
junk, tires, and auto parts; the regular trimming of all shrubbery, bushes,
trees and grass areas (along fence line and on property); and adequate
drainage to prevent standing water.
b. Outside storage areas must be protected by an enclosed solid wall or a
substantial wire fence not less than six (6) feet in height. The top of such a
fence or wall, including all gates, doors, or roofed open areas shall be
equipped with not less than twelve (12) inches of barbed wire installed in
such a manner as to discourage access over the top of such a fence or wall.
All fences and walls shall be maintained in good repair throughout the
term of this Agreement. Any damage to such walls or fences shall be
repaired within twenty-four (24) hours of its occurrence.
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c. The area must have a vehicle storage capacity of at least twenty-five (25)
vehicles. This storage will predominantly be utilized for accident tows,
designated "HOLD," confiscated, and evidence vehicles. A secondary
storage area may be located within a ten (10) mile radius of the City of
Boynton Beach, and may be utilized for Code Compliance-related tows.
3. INSIDE STORAGE. TOW CONTRACTOR shall be capable of
storing up to three (3) vehicles in inside storage, and shall maintain at least one (I)
inside storage space that shall meet the following specifications:
a. a working area of 9' X 20' per vehicle with at least an eight (8') foot high
ceiling;
b. a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water
and vegetation;
c. an electrical lighting source sufficient to permit processing of a vehicle;
and
d. one (I) outside window or a ventilation system.
4. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE
a. Any vehicle towed or stored as a result of the marked "HOLD" relative to
a crime scene investigation shall be handled with gloves (i.e. cloth, rubber
or leather) by the wrecker operator.
b. Crime scene vehicles shall be stored to prevent physical contamination or
degradable evidence from deteriorating, and by inside storage. If inside
storage is not available, CONTRACTOR shall surrender the tow and fee to
the next Contractor in rotation. This shall not prevent CITY from
removing the vehicle or trailer and storing it at a City-owned or controlled
facility or at another Tow Contractor's storage compound.
c. If laboratory work on a crime scene vehicle is required and the vehicle
must be processed at the City of Boynton Beach Police Headquarters, the
crime scene vehicle shall be transported to the City-designated location.
d. Vehicles which have been marked "HOLD" by the Police Department
shall be stored at such compound for whatever period of time necessary, in
order to properly process the vehicle and conduct any investigation
necessary. Vehicles towed by the Police Department such as Impounds for
Investigative/Evidence purposes; the City is responsible for payment of
storage at City rates. The Owner shall NOT be char!!ed for any storal!e
fees.
e. Confiscated vehicles or vehicles involved in litigation shall be protected
from the elements, preferably at an inside storage facility, as to maintain
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the vehicle in its condition at the time of towing. This shall not prevent
CITY from removing the vehicle and storing the vehicle at a City owned
or controlled facility or at another Tow Contractor's facility.
f. City of Boynton Beach Police Department personnel shall be permitted
access to all such vehicles at all times.
5.0 PERFORMANCE PROBATION PERIOD.
A. A contractor awarded a Certificate of Qualification will be subject to a three (3)
month probationary period. During this time, the contractor's performance will be
evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the
standards set forth in this Agreement, the City Commission may, upon the
recommendation of City staff, by written notice setting forth the default under the
Agreement terms, revoke the Certificate of Qualification. If performance is
acceptable at the end of the probationary period described herein, TOW
CONTRACTOR will be so notified by the City.
B. Should the City Commission revoke a Certificate of Qualification within the three
(3) month probationary period, another Certificate of Qualification may be
awarded to an eligible company as determined by the City Commission.
5.1 ROLE OF CITY MANAGER AS TO PENAL TIES.
The City Manager for CITY shall have the power to formally reprimand TOW
CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW
CONTRACTOR under the terms of this Agreement, recommend to the City Commission
revocation of the Certificate of Qualification, and recommend to the City Commission
that this Agreement with TOW CONTRACTOR be terminated.
5.1.1 FORMAL REPRIMAND.
Upon review of materials provided to himlher by City staff, the City Manager may issue a
written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole
discretion, is deemed to be a violation of this Agreement. A written reprimand for an act
or omission in violation of the terms of this Agreement shall be grounds for
recommending termination of the Certificate of Qualification should the City Manager
deem such action to be appropriate under the circumstances.
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5.1.2 REVOCATION.
In the event any criteria for qualification established by this Agreement and Resolution
R04- are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve
written notice upon Certificate Holder of the recommended revocation of the Certificate
of Qualification and/or termination of the Agreement. However, any and all liabilities of
TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior
to the date of cancellation shall not be affected, waived or otherwise as a result of the
cancellation.
In the event City Manager for CITY recommends revocation of the Certificate of
Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a
recommendation shall be considered by the City Commission for CITY.
5.1.3 COMPLAINTS AGAINST TOW CONTRACTOR.
TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning
the performance of TOW CONTRACTOR's duties under this Agreement and otherwise
shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW
CONTRACTOR to follow any subsequent reasonable instruction of the City Manager
regarding any complaint will be considered a material breach of this Agreement and the
awarded Certificate of Qualification, and shall be cause for termination thereof.
5.1.4 REPUTABILITY.
Lack of reputability shall be cause for revocation of a Certificate of Qualification and
shall include, but not be limited to the following:
A. Misstatements concerning the conviction of any officer, employee or agent
convicted of any felony when that person's civil rights have not been restored;
B. Retaining any officer, employee or agent convicted of any felony when that
person's civil rights have not been restored;
C. Retaining any officer, employee or agent convicted of any felony or first degree
misdemeanor directly related to the business and/or operation of a wrecker, when
that person's civil rights have not been restored. For the purpose of this
Agreement, any offense involving perjury, false statement or theft shall be
considered to be directly related to the business operation of a wrecker.
D. Retaining any officer, employee or agent convicted ofthe offense of driving under
the influence of alcohol or any other controlled substance to the extent that normal
faculties are impaired; of the offense of driving a vehicle and having an unlawful
blood alcohol level; or of any other criminal traffic offense.
5.1.5 SUSPENSION
Should at any time during the term of this Agreement, including during any option terms,
the tow company be in violation of any of the terms and conditions of this Agreement, the
City Manager or his or her designated agent shall have the right to suspend the company
until the violation is resolved to the satisfaction of City staff. If the violation is not
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promptly resolved or is of such a serious nature that the City Manager determines that
suspension is inadequate, the City Manager reserves the right to recommend to the City
Commission revocation of the Certificate of Qualification and termination of this
Agreement with TOW CONTRACTOR for cause.
Should at any time during the term of this Agreement, including during any option terms,
TOW CONTRACTOR or its principals become the subject of a criminal investigation,
the City Manager shall have the right to suspend TOW CONTRACTOR's Certificate of
Qualification pending the outcome of any criminal investigation and trial, should one
result. Upon the conclusion of a criminal investigation that does not result in criminal
charges against TOW CONTRACTOR or its principals, the City Manager may
recommend to the City Commission revocation of the Certificate of Qualification and
termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift
the suspension, thereby reinstating the Certificate of Qualification to TOW
CONTRACTOR.
If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a
trial or via plea bargaining with the State, the City Manager may recommend to the City
Commission revocation of the Certificate of Qualification and termination of this
Agreement with TOW CONTRACTOR or City Manager may reinstate.
6.0 COMMERCIALLY MANUFACTURED EQUIPMENT.
A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged
by TOW CONTRACTOR shall be commercially manufactured and shall conform
to the requirements set forth herein or be approved by CITY or its designee.
B. Each tow truck, recovery vehicle, and all equipment utilized by TOW
CONTRACTOR shall be maintained in good mechanical condition at all times.
C. Each tow truck, recovery vehicle, and all equipment is subject to inspection by
CITY or its designee at all times during the term of this Agreement.
D. No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle,
except when the circumstances justify the use of the vehicle in that manner. (i.e.
flashing lights are to be used only when necessary).
6.1 MARKINGS.
TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or
correspondence that indicates or tends to indicate any official relationship between TOW
CONTRACTOR and the City of Boynton Beach.
7.0 SITE CLEAN-UP.
TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed
vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and
property of CITY; and shall remove the same to a proper place for disposal if the accident
scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The
owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set
forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction
debris and spilled loads.
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8.0 EMPLOYEES.
TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of
Boynton Beach Police Department the following information on all officers, employees,
agents, and servants, and to be responsible for keeping the information accurate and
current: name, address, date of birth, driver's license number, social security number, and
photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the
officers of the company, if a corporation, shall be personally responsible for the acts of
their employees, while said employees are on-duty. TOW CONTRACTOR further
acknowledges and agrees to notify its employees that CITY may run drivers license
histories on any driver at any time with or without cause.
9.0 TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES
RECEIVED FROM ONE PROPOSER.
If more than one application is submitted by anyone proposer, by or in the name
of his or their clerk, partner, or other persons, and it is determined by CITY staff
that such applicant is under single, identical, or substantially the same ownership,
all such applications will be rejected. If the above described dual ownership is
not revealed until the contract term has begun, said action shall constitute grounds
for revocation of the Certificate of Qualification and termination of this
Agreement with TOW CONTRACTOR.
10.0 RESPONSE TIME.
A. TOW CONTRACTOR shall, at the request of the CITY Police Department or
other CITY official requesting tow truck service at any time of the day or night,
arrive at the scene with the appropriate equipment within the following time limit
depending upon the vehicle class requested:
CLASS A
CLASS B
CLASS C
30 minutes from request
30 minutes from request
45 minutes from request
B. TOW CONTRACTOR assumes all liability in meeting the required class response
time, including but not limited to, any and all damages resulting from traffic
accidents and motor vehicle infraction fines occurring after the response time
limit has expired.
C. In the event TOW CONTRACTOR fails to respond in a timely manner, the
department of CITY requesting the service shall document the untimeliness, and
forward said writing to the Agreement Administrator.
D. The following penalties shall apply should any TOW CONTRACTOR fail to
respond within the class response time set forth in Section 3.l(A) of this
Agreement:
Within a 12 month period
I. I st offense
2. 2nd offense
Penalty
Certified letter of warning
One (I) week suspension
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3.
4.
3rd offense
4th offense and greater
One (I) month suspension
Termination of Agreement with CITY
and revocation of certificate of
qualification
E. TOW CONTRACTOR may appeal a suspension of two (2) months or more to the
City Commission, and if TOW CONTRACTOR can show by substantial and
competent evidence that extenuating circumstances beyond TOW
CONTRACTOR's control caused the failure to timely respond, the suspension
may be lifted by the City Commission.
F. All appeals must be made in writing to the City Manager within thirty (30) days of
the action, and shall fully set forth the basis for the appeal. Suspensions shall not
be stayed during the any pending appeals.
G. City Manager recommendation for termination of this agreement and revocation
of the certificate of qualification under this section requires consideration and
action by the City Commission.
11.0 SUBCONTRACTING.
TOW CONTRACTOR shall not subcontract its services to secure additional
wreckers or storage space required under this Agreement. TOW CONTRACTOR
must own, lease, or mortgage the vehicles, equipment and storage space required
under this Agreement. Evidence of ownership of all vehicles is required. All
registrations of vehicles are due at the time of submitting this RFQ.
12.0 BENEFITS FROM REPAIRS.
A. In the event TOW CONTRACTOR holding a certificate of qualification operates
an automobile repair and/or automobile paint and body repair business, TOW
CONTRACTOR shall provide written notification to the owner or representative
of the owner of the vehicle towed under the provisions of this Agreement, that
there is no obligation to have any automobile, vehicle or trailer repairs and/or
automobile, vehicle or trailer paint and body work done by TOW
CONTRACTOR.
B. TOW CONTRACTOR shall notify CITY in wrltmg of any and all repairs
completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR
towing a vehicle under the provisions of this Agreement. The written notification
to vehicle owner that there is no obligation to have TOW CONTRACTOR
undertake any repairs to the vehicle shall be included.
13.0 INSURANCE REQUIREMENTS.
A. TOW CONTRACTOR'S liability insurance policies shall name the CITY as an
additional insured.
B. During the term of this Agreement, TOW CONTRACTOR shall have in effect
insurance with those limits specified in this Section. Copies of said insurance
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policy or certificate of insurance must be furnished to CITY's Purchasing
Department and Risk Management Department immediately after approval of
Agreement by the City Commission. CITY may request proof of insurance or the
name and phone number of insurer at any time during the term of the Agreement,
and TOW CONTRACTOR must respond with said proof of insurance within five
(5) days of the request. Failure to provide the proof of insurance required in this
section or the name and phone number of insurer as requested shall result in
automatic suspension of the certificate of qualification and may be grounds for
termination of this Agreement with TOW CONTRACTOR.
C. TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the
coverages and limits as shown in this Section. A thirty (30) day cancellation
clause in favor of CITY shall be included in the Policy and the Certificate.
D. TOW CONTRACTOR, at its own cost and expense, shall keep in force at all
times, and shall maintain the foIl owing during the terms of this Agreement:
I. Comprehensive General Liability Insurance with minimum limits of
coverage of One Million ($ I ,000,000.00) DoIlars per incident Combined
Single Limit for Bodily Injury Liability and Property Damage Liability.
2. Automobile Liability Insurance coverage in the minimum amount of Three
Hundred Thousand ($300,000.00) DoIlars per person/per incident and
property damage coverage of One Hundred Thousand ($100,000.00)
DoIlars per incident.
3. Garage Keeper's Legal Liability Insurance coverage in the minimum
amount of Seventy-five Thousand ($75,000.00) DoIlars to protect owners
of any and all vehicles and trailers towed or stored by TOW
CONTRACTOR pursuant to this Agreement, from any loss or damage to
such vehicle or trailer on account of such removal or storage.
E. TOW CONTRACTOR shaIl provide CITY with Certificate(s) ofInsurance on all
policies of insurance and renewals thereof in a form acceptable to CITY. Each
policy shaIl provide that CITY as an additional insured, and that the CITY shaIl be
notified by the insurer in writing of any canceIlation at least thirty (30) days prior
to the effective date of canceIlation.
F. Each and every insurance policy must be issued by companies acceptable to
CITY'S Risk Management, and licensed, qualified and authorized to do business
in the State of Florida. AIl policies must be at lease six (6) months in duration.
G. Each TOW CONTRACTOR shaIl show proof of the insurance required under this
Section prior to the issuance of a Certificate of Qualification. TOW
CONTRACTOR shall not commence operation under the term of this Agreement,
until certification or proof of insurance, detailing terms and provisions of
coverage, has been received, reviewed, and approved by CITY.
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H. TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's
compensation coverage required by the State.
13.1 TOW CONTRACTOR'S LIABILITY.
A. TOW CONTRACTOR shall be liable for any towed vehicle and property
contained therein.
B. TOW CONTRACTOR or its employee, representative, or agent shall
inventory all personal property contained in each vehicle towed. The Tow
companies are relieved of liability for property inside of the vehicle that was not
listed on the inventory report completed by the officer on the scene.
C. The inventory shall be made in triplicate and shall be signed by the person
composing it. One copy shall be given to the owner or person in possession of the
vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded
to the Boynton Beach Police Department, and the final copy shall be retained by
TOW CONTRACTOR.
13.2 NON-LIABILITY OF CITY FOR TOWED VEHICLES.
CITY shall not be responsible or liable in any manner whatsoever for either the collection
or payment of any charges for services rendered, including towing and storage.
14.0 ACCESSIBILITY OF STORAGE FACILITIES.
TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours
of 8:00 A.M. and 6:00 P.M., Monday through Friday and 9 A.M. and 12 PM, Saturday;
therefore the Gate Fee shall not be charged during the applicable business hours.
Authorized personnel of TOW CONTRACTOR shall be available during such times to
assure that the obligations and services, including retrieval of stored vehicles by the
public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there
shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in
storage. There will be a $40.00 gate fee charged to any individual(s) or other entity
retrieving a vehicle from storage.
14.1 PROTECTION OF VEHICLES AND PROPERTY.
A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key."
B. TOW CONTRACTOR shall protect all stored vehicles, and any evidence or
personal property contained therein from theft and damage in accordance with all
reasonable police department instructions and directives.
C. TOW CONTRACTOR agrees to replace any such article(s) upon verification of
the loss by the designated investigative agency representing the City of Boynton
Beach or Palm Beach County.
14.2 INSPECTION OF FACILITIES.
A. Storage facilities shall be subject to inspection and shall be approved by CITY
prior to award of the Certificate of Qualification and the execution of this
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Agreement. Storage facilities shall be subject to periodic inspections during the
term of Agreement when deemed necessary by the City Manager's office or the
CITY'S Police Department.
B. Notice of any deficiencies or violations of this Agreement discovered by CITY
with respect to storage facilities shall be submitted to TOW CONTRACTOR in
writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of
receipt of such notice. The Agreement may be terminated and the Certificate of
Qualification revoked, or suspended at the option of the CITY.
14.3 RELEASES OF VEHICLES AND PERSONAL PROPERTY.
A. TOW CONTRACTOR agrees to release any vehicle or trailer that has not been
marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released
without the prior written consent of the City of Boynton Beach Police
Department.
B. All persons applying for release of the vehicle or trailer from TOW
CONTRACTOR shall present adequate proof of ownership or right to possession.
Upon release, TOW CONTRACTOR shall give a receipt and itemized statement
indicating all charges related to the impounding of the vehicle or trailer to the
owner or person entitled to possession.
C. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW
CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal
holidays, provided the appropriate documentation has been filed.
D. Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance
may only be released under the authority of the Boynton Beach Police
Department.
E. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior
to customer's arrival at the storage site shall be advised of the following by TOW
CONTRACTOR:
1. each and every document or other item needed to retrieve vehicle;
2. exact charges at the time of contact and any additional charges that
may accumulate subsequent to contact and before retrieval;
3. acceptable methods of payment; and
4. the hours and days that the storage site is open for regular business.
F. If all matters are in order, customer shall be returned to possession of the towed
vehicle or trailer within thirty (30) minutes of the request.
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14.4 PERSONAL PROPERTY LOSS.
A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any
personal property contained therein, or to any vehicle accessories, regardless of
the cause of such damage or loss. TOW CONTRACTOR shall hold CITY
harmless as to any claims, suits or actions alleging such loss or damage. Personal
property found in vehicles or trailers that have been stored by TOW
CONTRACTOR shall not be sold or disposed of in any way to defray any charges
for storage or towing.
B. TOW CONTRACTOR shall be held accountable for all personal property and
vehicle accessories inventoried at the time the vehicle or trailer is towed, while the
vehicle is stored at TOW CONTRACTOR'S storage facility, and while TOW
CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW
CONTRACTOR shall make restitution to owner for all such losses occurring by
theft, fire, or other damage.
14.5 DESTINATION OF TOWED VEHICLE.
TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at
time of tow) other than that designated by a CITY Police Officer or other authorized
CITY representative, or owner or person in possession of vehicle. ALL CITY owned or
leased vehicles towed from a location within Palm Beach County shall be towed, as
requested to CITY property. Each and every vehicle towed from within the city limits
shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and
shall remain at that location for at least seven (7) days.
15.0 RADIO COMMUNICATION.
A. All towing vehicles and wreckers must be equipped with two-way radio or
telephone communication. The range of the communication system shall, at a
minimum, extend throughout the Boynton Beach city limits. Accordingly, the
base station for the above equipment must be strong and powerful enough to
provide city-wide coverage. A citizens band radio is insufficient to meet this
requirement.
B. Any radio communication shall, at no time, be tuned into any police frequencies.
C. Guidelines of the Federal Communication Commission (FCC) shall prevail.
D. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning
the communication system.
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E. TOW CONTRACTOR shall provide a 24-hour emergency telephone number to
be answered by a TOW CONTRACTOR employee designated to respond to
emergency calls for service. This service is in addition to the communication
system required in subsections 4.5(A)-(D) above, and is necessary so that TOW
CONTRACTOR can provide timely and efficient service 24 hours a day, seven
days a week.
16.0 REPORTS AND RECORDKEEPING.
A. TOW CONTRACTOR shall make available upon request to the CITY'S Police
Department, weekly reports of vehicles and trailers towed at the request of the
Police Department. The written reports will be designed and supplied by CITY
and the following information shall be provided thereon:
I. Name and owner of driver;
2. model and make of vehicle or trailer;
3. license plate number;
4. vehicle identification number;
5. time, date and location of tow;
6. circumstances requiring tow;
7. whether or not a "HOLD" was placed on the vehicle by the Police
Department;
8. time dispatched to scene and time of arrival;
9. storage facility where vehicle is stored; and
10. the date, time and name of employee releasing the vehicle.
B. TOW CONTRACTOR shall make available upon request by the CITY'S Police
Department, a complete and detailed listing of all vehicles and trailers which have
been impounded or stored for periods of thirty (30) days or more. Form to be
provided bv the CITY. Any vehicle or trailer that has not been claimed for a
period of thirty (30) days from the towing of the vehicle, shall be reported in
writing to the Police Department.
C. Services related to CITY owned or leased vehicles or trailers shall be logged and
forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public
Works Director. All such logs shall identify the vehicle or trailer towed, the
location from which it was towed, and the hours and dates applicable to TOW
CONTRACTOR'S services with respect to those vehicles or trailers. The "service
ticket" shall include the signature of the authorized CITY employee approving
towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such
information, until such time as a form is provided to it by CITY, which then must
be completed by TOW CONTRACTOR.
D. TOW CONTRACTOR shall maintain at its place of business records containing
the following information:
I. a vehicle storage receipt of each vehicle on the premises;
2. a monthly log of all calls for service by the Police Department;
3. a notification log indicating the date, time and method of notification to
the registered owner of the stored vehicle or trailer; and
CAn
4. A daily log setting forth a list of all vehicles towed, as well as information
on each vehicle as required by Section 5.0(A) of this Agreement.
E. INSPECTIONS.
I. TOW CONTRACTOR shall maintain and have available at all times for
inspection by authorized CITY personnel, detailed records of all services
relative to this Agreement.
2. TOW CONTRACTOR shall make available for inspection by authorized
CITY personnel the compounds and storage facilities required herein.
3. In order to facilitate inspection and audits by authorized CITY personnel,
records maintained by TOW CONTRACTOR relative to services provided
under this Agreement shall be kept separate and apart from other company
records.
F. RECORDS RETENTION AND RIGHT TO ACCESS.
TOW CONTRACTOR shall preserve and make available for inspection and/or
removal for the purpose of copying, all financial records related to performance
and billing under the terms of this Agreement, upon five (5) days prior notice. All
records shall be maintained for a period of three (3) years after termination of this
Agreement. If an audit has been initiated within that three (3) year period, but
findings from the audit have not been resolved, the records shall be retained and
maintained until resolution of audit findings.
G. For monitoring purposes, TOW CONTRACTOR shall submit to CITY'S Tow
Agreement Monitor, upon request, a log sheet detailing each tow made by TOW
CONTRACTOR during that month, as well as the amount charged and service
given for each tow. A copy of the invoice for each tow should accompany the
monthly report.
H. Failure to comply with the provisions and requirements of Section 5.0 of this
Agreement shall result in suspension from the wrecker rotation until such time as
TOW CONTRACTOR corrects such noncompliance. Should TOW
CONTRACTOR fail to comply with any of the provisions of this section may, in
the discretion of the City Manager, warrant recommending to the City
Commission termination of the Certificate of Qualification and Agreement with
TOW CONTRACTOR.
17.0 CODE COMPLIANCE CASES.
A. When vehicles or trailers are towed from public property, including right-of-ways,
after the appropriate notification, TOW CONTRACTOR has the option of
destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and
715.05, Florida Statutes.
B. TOW CONTRACTOR must proceed in accordance with the provisions set forth
in Sections 713.78 and 713.05, Florida Statutes. Any breach thereof shall
constitute a breach of this Agreement.
C. When vehicles or trailers are towed from private property after receiving the
CA24
appropriate notification, TOW CONTRACTOR must store the vehicle or trailer
for a minimum period of thirty-five (35) days, after which time TOW
CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to
Section 713.78, Florida Statutes.
18.0 NON-EXCLUSIVITY OF SERVICES.
A. The owner or person in possession of the vehicle or trailer which has been
involved in an accident or which has been incapacitated in any other manner shall
be given the opportunity to contact a wrecker or tow company of his/her choice, as
long as the disabled vehicle does not create a hazardous condition and a
reasonable response time can be expected. Said person shall also be given the
opportunity to have the vehicle or trailer towed to a garage or compound of his/her
choice.
B. CITY shall not be liable for any charges for moving, towing, and storage of any
vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or
trailer resulting from TOW CONTRACTOR'S acts or omissions.
C. All vehicles and trailers towed under the request of the CITY, including but not
limited to the City's Police Department, Code Compliance Division, Public
Works Department, Fire Department, shall be governed by this section.
19.0 INDEMNIFICATION AND HOLD HARMLESS CLAUSE.
TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees,
and police department harmless from and against any and all claims, suits, actions,
damages or causes of action whatsoever arising during the term of this Agreement, caused
by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or
damage to property, sustained as a result of TOW CONTRACTOR'S duties; and from all
costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any
administrative or legal proceedings brought therefrom; and from and against all orders,
judgments or decrees which may be entered therein.
TOW CONTRACTOR shall further defend CITY, its agents, employees and police
department in any action brought as a result of the items set forth in this section, and
related to performance of this contract by TOW CONTRACTOR.
In the event any litigation or other legal proceedings shall arise from this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses
incurred therein.
20.0 NON-DISCRIMINATION.
TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this
Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of
race, religion, gender, age, handicap, marital status, political affiliation, national origin, or
otherwise with respect to its hiring practices and in the performance of the terms of this
Agreement.
CA25
21.0 POSTING AND PROVIDING CHARGES OF SERVICES.
I. TOW CONTRACTOR shall prominently post in a conspicuous location at its
storage facilities and on its tow vehicles and wreckers, a list of charges, as set
forth herein. A list of such charges shall also be printed and such charges shall be
provided to the owner or person lawfully in possession of each vehicle and trailer
towed by TOW CONTRACTOR.
2. TOW CONTRACTOR shall not charge for any service that exceeds such posted
or listed amount, nor shall TOW CONTRACTOR perform any service that is not
deliniated on such posted or listed schedule without giving the owner or person
lawfully in possession a written estimate of the amount that will be due and
payable upon completion of the unposted or unlisted service.
22.0 COMPLIANCE WITH LAWS.
This Agreement shall be governed by all federal, state, and local laws, regulations,
ordinances, and codes, as amended from time to time, and as set forth by any other
regulatory agency, including but not limited to, any and all municipal codes, ordinances,
or regulations which may govern CITY as a Florida municipal corporation.
23.0 NON-ASSIGNABILITY.
The Certificate of Qualification shall not be assigned, sold or transferred in any manner
whatsoever.
24.0 DISPOSAL OF VEHICLES.
Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any
vehicle, trailer, or personal property from therein for a period in excess of ninety (90)
days, and be ordered to relinquish such vehicle, trailer or personal property to the City of
Boynton Beach Police Department,
TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than
that specified in this Agreement.
25.0 MODIFICATION OF THIS AGREEMENT.
No waiver or modification of this Agreement or any covenant, condition, provision, or
limitation contained therein shall be valid absent the execution and approval of a written
addendum executed by both parties. No evidence of any waiver or modification shall be
offered or received into evidence in any proceeding, arbitration or litigation between the
parties to this Agreement, unless such waiver or modification is duly executed as set forth
in this Section.
26.0 ETHICS AND CONDUCT.
TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a
courteous, orderly, ethical and businesslike manner. As it is recognized by both parties
that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its
personnel and employees to work with the public on a daily basis, TOW CONTRACTOR
is required to extend common courtesies, including but not limited to:
CA26
A. Expedite release of vehicle in accordance with the terms of this Agreement;
B. Assist the vehicle or trailer owner in retrieving documents from the vehicle or
trailer to establish ownership;
C. Permit the owner to remove the auto tag and any unattached personal possessions;
D. Explain fully and politely the reason for the tow and all charges levied; and
E. If a dispute occurs, TOW CONTRACTOR shall attempt to resolve the dispute
promptly and politely. If it cannot be resolved satisfactorily, the dispute shall be
reported to the City Manager's Office no later than the next business day.
27.0 WRECKER ROT A TION LIST PROCEDURE.
A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for
wrecker call-out on a per incident basis (except Code Compliance). An index
card system is utilized and maintained by the CITY'S Communication Division.
B. Procedure.
I. Card System.
a. Index cards will be arranged in a four-card file system, as follows:
1. Class "A" and "B" Wrecker Companies;
H. Class "COO Wrecker Companies; and
HI. Code Compliance Wrecker Companies (all Class "A"I"B"
TOW CONTRACTORS required to participate).
IV. City Vehicles
b. TOW CONTRACTORS will be filed in alphabetical order,
according to corporate name.
c. A TOW CONTRACTOR will be called in rotation order from the
card file on a per incident basis.
2. Wrecker Response.
a. If TOW CONTRACTOR is unable to respond to a call for service,
TOW CONTRACTOR will be moved to the end of the list, thereby
forfeiting that rotation.
b. The CITY official, agent or employee on the scene requesting the
wrecker or tow shall determine whether a wrecker remains on the
top of the rotation list in the event of cancellation or other
circumstances where the wrecker is not used. Said CITY official
shall notify the Communications Division upon cancellation of the
tow and the tow company will retain their position on the rotation
list.
c. The next tow company in the rotation will be contacted in the event
TOW CONTRACTOR cannot be reached by the CITY'S
Communications Division or TOW CONTRACTOR has failed to
respond within a reasonable time to a hazardous scene. The City
official, agent or employee shall determine, based on his sole
discretion, whether the response time was excessive.
d. During the midnight shift, the CITY will reconcile logs on a daily
basis, and will gather any reports of problems or incidents that
were brought to the attention of the dispatch supervisor, who shall
forward the same to the Tow Agreement Monitor within the
CA27
CITY'S Police Department.
3. Rotation Tracking.
a. A manual log will be used by CITY to track all vehicle or trailer
tows to include rotation wreckers.
b. The log shall contain the date and time of the tow, the tow
company, the CITY officer, agent or employee, dispatch. case
number, remarks, and a computer check.
c. Specific requests from the vehicle or trailer owner or person
lawfully in possession will not be charged against the rotation
schedule. The request shall be logged as such by CITY in the
manual log. If an owner's request cannot be honored for any
reason whatsoever, a rotation wrecker will be contacted and so
charged on the rotation schedule.
4. Knowledge of Position on Rotation List.
a. TOW CONTRACTOR is responsible for knowing its position on
the wrecker rotation list. CITY will not provide this information
over the telephone.
b. The rotation list is public record pursuant to Chapter I 19, Florida
Statutes, and is available for inspection, by appointment, during
regular business hours.
28.0 CODE COMPLIANCE TOWING PROCEDURE.
A. Purpose. Standard operating procedure is to be utilized for the removal of
vehicles or trailers deemed to be abandoned, unregistered or wrecked as described
in Chapter 10, Article III, Sections 10-50, 10-51 and 10-52 of the City of Boynton
Beach Code of Ordinances. The towing of these vehicles is to be at no charge to
the CITY.
B. Procedure.
1. Tow List.
a. Tow lists will be faxed from the Code Compliance Division directly to
the tow contractor during the month as needed. All tow lists must be
returned to the Code Compliance Division within 7 days of receipt of
the request for tow.
b. Results of the status of each vehicle or trailer will be noted on the list
(i.e. towed, gone-on-arrival, or currently licensed).
c. Each TOW CONTRACTOR represented in the rotation system shall
supply the name of and accessible contact person and that person's
phone number to the Code Compliance Division employee responsible
for the tow list.
2. Rotation.
a. Wrecker companies shall rotate Code Compliance tows on a
monthly basis.
b. TOW CONTRACTOR is required to notify CITY'S Code
Compliance Division and the employee responsible for the tow list,
CA28
at least ten (10) days in advance of its month to undertake Code
Compliance tows, if said TOW CONTRACTOR is unable to
perform such tows as requested by CITY. In the event TOW
CONTRACTOR is unable to perform, it shall be moved to the end
of the Code Compliance Rotation, and may be subject to penalties
as provided in this Agreement.
c. TOW CONTRACTOR's failure to perform Code Compliance tows
for more than two (2) months during any twelve (12) month period
may result in suspension from ALL tow lists for a period of time
as determined under the sole discretion of the CITY'S City
Manager.
C. CITY hereby reserves the right to modify the rotation schedule or procedure for
Code Compliance tows under this section of the Agreement in an effort to
improve upon the procedure to place Code Compliance tows in the regular
rotation or otherwise.
29.0 TERM OF AGREEMENT.
This Agreement shall take effect as of the date the Agreement is ratified by Resolution of
the City of Boynton Beach City Commission, and shall have a term of two (2) years from
that date. This Agreement shall be automatically renewed for one (I) additional year,
unless either party provides written notice via certified mail to the other party within
thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at
the end of the term.
29.1 INDEPENDENT CONTRACTOR.
This Agreement does not create an employee/employer relationship between the parties.
It is the intent of the parties that TOW CONTRACTOR is an independent contractor
under this Agreement and not the CITY'S employee for all purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers
Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR
shall retain sole and absolute discretion in the judgment of the manner and means of
carrying out TOW CONTRACTOR'S activities and responsibilities hereunder. TOW
CONTRACTOR agrees that it is a separate and independent enterprise from the CITY;
that it has full opportunity to find other business; that it has made its own investment in
its business, and that it will utilize a high level of skill necessary to perform the work.
This Agreement shall not be construed as creating any joint employment relationship
between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any
obligation incurred by TOW CONTRACTOR, including but not limited to unpaid
minimum wages and/or overtime premiums.
29.2 NOTICE.
Whenever any party desires to give notice unto any other party, it must be given by
written notice, sent by certified United States mail, with return receipt requested,
addressed to the party for whom it is intended and the remaining party, at the places lastA
CA29
specified, and the places for giving of notice shall remain such until they shall have been
changed by written notice in compliance with the provisions of this section.
For the present, the TOW CONTRACTOR and the CITY designate the following as the
respective places for giving of notice:
CITY:
City Manager
City of Boynton Beach
P.O. Box 310
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
TOW CONTRACTOR:
29.3 BINDING AUTHORITY.
Each person signing this Agreement on behalf of either party individually warrants that he
or she has full legal power to execute this Agreement on behalf of the party for whom he
or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
29.4 SEVERABILITY.
If any provision of this Agreement or application thereof to any person or situation shall
to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable shall not be affected thereby, and shall continue
in full force and effect, and be enforced to the fullest extent permitted by law.
29.5 GOVERNING LAW.
The terms and conditions of this Agreement shall be governed by and interpreted under
the laws of the State of Florida. Venue for the purposes of any litigation arising out of
this agreement shall be in Palm Beach County, Florida.
29.6 EXTENT OF AGREEMENT.
This Agreement represents the entire and integrated agreement between CITY and TOW
CONTRACTOR and supersedes all prior negotiations, representations or agreements,
either written or oral.
CA"O
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year
first written above.
CITY
BY:
City Manager
ATTEST:
APPROVED AS TO FORM:
City Clerk
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared , and acknowledged he/she executed the
foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her
act and deed.
CA.]
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this _ day of 2004.
NOTARY PUBLIC
My Commission Expires:
WITNESSES:
TOW CONTRACTOR
BY:
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared , and acknowledged he/she executed the
foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her
act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this _ day of 2004.
NOTARY PUBLIC
My Commission Expires:
WPIAGMTSITowing Agreement
CA32
EV ALUATlON CRITERIA FOR TOWING CONTRACTORS
(COINCIDES WITH NUMBERS 1-17 ON THE RATING SHEETS)
1. Submitting for towing Class: Class A and B and Class C
2. possess required number of wreckers based on specifications
3. List of company equipment to include model, year, towing capacity and
equipment condition to meet City's standards, and codes.
4. List of storage compounds must be within 10 mile radius of City limits: Inside
Storage and Outside Storage will be inspected by the Committee to be sure the
compound is in compliance with Chapter (10), Article I, Sections 10-2 and 10-
3 of the Code of Ordinances that it is free of loose debris, auto parts laying
around, fence and gate have locks, area is not susceptible to flooding, hedges
are trimmed and landscaping is neat as addressed in Chapter 15, Article IX.
Also Chapter 2 Zoning, Section 8 that all storage of vehicles to be screened.
5. List of towing operators to include: Full time or part time, Training of each
operator (last 2 years), Social Security numbers, CDL Numbers and Annual
Motor Vehicle Incident Report on all CDL holders.
6. List and provide copies oflicenses to include Chapter 13, Article of the Code
of Ordinances
7. Comply with Insurance requirements
8. Capable of providing a Performance Bond or a Letter of Credit
9. Meets eligibility requirements of Exhibit "B" - Number of years in similar
services
1 O. Provided fum names and locations for such services provided
11. Interest in automotive/truck repairs, paint and body, salvage, junkyard, or
recycling business
12. Listing of owners or principal stockholders
13. List of persons with direct responsibility for operations of firm (history,
resume)
14. Listing of Clients provided similar service within the last (2) years
15. Bank reference
16. Listing of pending lawsuits
17. Consider past two (2) years performance of Tow Companies currently holding
Certificates of Qualifications under the existing City of Boynton Beach Tow
Services Agreement. The Committee will consider previous written
complaints, evaluate responsiveness to calls, and the overall customer service
to the City and the general public.
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VI.-CONSENT AGENDA
ITEM B.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Mt:cting Dutes
[);jte Fin:J! Form Must be Turned
in 10 City Clt;:xD--.illlicc
Requested City Commission
M~Clilll! Dales
Dule Final Form Must be Turned
in to City Clerk's Office
D December 7. 2004
D December 2 I. 2004
o .hllluary 4, 2005
o J<lllUury I X, 2005
November 15, 2004 (Noon.)
D fcbruary 1, 2005
o February 15, 2005
o I'vlarch 1,2005
[2J ivlarch] S, 2005
.I<llluary 17,2005 (Noon)
December 6, 2004 (Noon)
Januury 31,2005 (Noon)
December 20, 2004 (Noon)
February 14,2005 (Noon)
.Iulluary 3, 2005 (Noon)
fcbruary 28, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
CSI Consent Agenda
o Public Hearing
o !lids
D Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfinished Business
D Presentation
RECOl\TMENDAT10N: Motion to approve the award of the installation ofa fiber-optic system for telecorrununication and
computer connection between the Utilities Department Operation-Technical Building at the East Water Treatment Plant and
the new Fire Sration #4 (FS#4) located at 19]9 South Federal Highway to JADE COMMUNICATIONS, ]NC. in an amount
of$48,937.71 plus a 10% contingency to be included for a total amount of $53,830.
EXPLANATION: Current data and telephone connections to link our remote fire stations to the City Hall computer server
are now handled through T -1 telephone lines. These lines are subject to slow data transfer rates, recurring monthly fees, and
loss of connectivity. This fiber optic connection will allow this fire station to be connected to the city's fiber optic network
via the Utilities Department located adjacent to the West of the fire station. There will be no recurring expenses and the data
link will be secure, dependable and high speed.
PROGRAM IMPACT: Fiber optic cabling is recognized as the preferred computer data link for these types of station
networking. The long term implication of this project will be lowered computer overhead (elimination of monthly T-l rentals
-$3600/year) expenses, telephone enhancement at the station, increased reliability and future computer needs growth built in.
FISCAL IMP ACT: Funding for this project is contained in the Fire Department Fire Assessment Capital Equipment
(station construction) account.
ALTERN A TIVES: Use of telephone T-l telephone lines or the exploration of new data transmission teclmologies as they
become available in the future.
~
~
Department Head's Signature
Fire Rescue
Department Name
"-
'-....~
City Attorney / Finance / Human Resources
S:\BlJl.l.ETIN\FORMS\ACiENDA ITEM RFQUEST rORM.DOC
gr''" ~,'
(/,~,."
'" J:: I
'0,'- ~ ~/y
r -'._, .' .' ~
<"to :~---<;,V
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Conunission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office
Requested City Commission
Meetine: Dates
Date Final Form Must be Turned
jn to City Clerk's Office
o December 7, 2004
o December 21 , 2004
D January 4, 2005
o January] 8, 2005
December 6, 2004 (Noon)
o February 1,2005
o February] 5. 2005
C8J March], 2005
o Macch ] 5,2005
January 17, 2005 (Noon)
November 15, 2004 (Noon.)
January 31,2005 (Noon)
:-')
"j ::~
=-=j-<
December 20, 2004 (Noon)
,.,'j
February] 4, 2005 (Nooa..).,
r-r-l
U.J
February 28, 2005 (Noont
en
. :"
,
January 3, 2005 (Noon)
0 Administrative 0 Development Plans
NATVREOF C8J Consent Agenda 0 New Business "~l \71
en (1)
AGENDA ITEM 0 Public Hearing 0 Legal ',-,-' ';>
C"")
0 Bids 0 Unfinished Business -=c
0 ArulOuncement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Motion to approve the award of the installation of a fiber-optic system for telecommwrication and
computer connection between the Utilities Department Operation-Technical Building at the East Water Treatment Plant and
the new Fire Station #4 (FS#4) located at 1919 South Federal Highway to JADE COMMUNICATIONS, me. in an amount
of$48,937.71 plus a 10% contingency to be inclnded for a total amount of$53,830.
EXPLANATION: The construction ofFS#4 commenced on 05/17/04, with an original completion date set for 03/22/05.
The application to connect up the new facility with telecommwrication commenced in April, 2004 beginning with discussion
with the FEC Railroad on crossing their R1W. The original concept was to connect the new facility with City Hall directly
and tie in the Senior Center at the same time. Proposals for this combination were sought in July, 2004 with the lowest
submitted proposal being $75,411. Funding for this amount was detennined to be unavailable.
Subsequent to the "hurricanes" hitting the city last fall, a reduced plan (implementing the connection noted above)was
developed and revised proposals were sought. Again, only two (2) !'inns submitted proposals to the city for consideration.
These proposals were recently received in January, 2005. Recommendation on award was sent to both the Fire Department
(FD) and Information Technology Services (ITS) for their concurrence. Having received same, staff is recommending your
concurrence as noted above.
PROGRAM IMPACT: Telecommwrication (aud computer) system needs to be in place prior to the Fire Department taking
possession. Lead time for this installation is necessary.
FISCAL IMPACT: Funding for this installation will come from the Fire Departmeut assessment funds. Budget amount is
$25,000, but the rest will be available.
AL TERNA TIVES: Temporary measures to provide both telephone and data lines via the existing telephone company to the
new facility prior to the Fire Department taking possession would have to be instituted until the fiber-optic system is in place,
an unnecessary cost.
S,IBULLETINlFORMSIAGENDA lTEM REQUEST FORM.DOC
'~!(
')d
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
~4d.'bJ
City Manager's Signature
Public Warks / Engineering Division
Department Name
City Attorney / Finance / Human Resources
(On behalf of the ITS Department)
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Ii
I
I
I
RESOLUTION NO. ROS-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AWARD AND AUTHORIZING
AND DIRECTING THE PROPER CITY OFFICIALS TO
EXECUTE A CONTRACT IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY'S OFFICE WITH JADE
COMMUNICATIONS, INC., IN THE AMOUNT OF
$48,937.71 PLUS A 10% CONTINGENCY FOR A TOTAL
AMOUNT OF $53,830.00 FOR THE INSTALLATION OF A
FIBER-OPTIC SYSTEM FOR TELECOMMUNICATIONS
AND COMPUTER CONNECTION FOR THE NEW FIRE
STATION #4; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, staff has recommended that the City entcr into a contract in a form
cceptable to the City Attorney's office for the installation of a fiber-optic system for
elecommunications and computer connection between the Utilities Department Operation-
echnical Building at the East Water Treatment Plant and the new Fire Station #4 located at
919 S. Federal Highway to JADE COMMUNICATIONS, INC., in the amount of
48,937.71 plus a 10% contingency to be included for a total amount of$53,830.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
eing true and correct and are hereby made a specific part of this Resolution upon adoption
creof.
Section 2.
The City Commission of the City of Boynton Beach, Florida, at the
31 ecommendation of staff, hereby authorizes and directs the proper City Officials to enter into
32 contract in a form acceptable to the City Attorney's office for the installation of a fiber-
:\CA\RESO\Agreements\Jade Communications - Fire Station #4.doc
1 ptic system for telecommunications and computer connection between the Utilities
2 epartment Operation-Technical Building at the East Water Treatment Plant and the new
3 ire Station #4 located at 19] 9 S. Federal Highway to JADE COMMUNICATIONS, INC., in
4 he amount of $48,937.7] plus a 10% contingency to be included for a total amount of
5 53,830.00, a copy ofthe proposal is attached hereto as Exhibit "A".
6
Section 3.
This Resolution shall become effective immediately upon passage.
7
8 PASSED AND ADOPTED this _ day of March, 2005.
9
10
11 CITY OF BOYNTON BEACH, FLORIDA
12
13
14 Mayor
15
16
17 Vice Mayor
18
19
20 Commissioner
21
22
23 Commissioner
24
25
26 Commissioner
27 TTEST:
28
29
30 ity Clerk
31
32
33
:\CA\RESO\Agreements\Jade Communications - Fire Station #4.doc
j ~S.E. 14TH Avd
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FIRE STA. 4 I
SE 18TH
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1r
Network connections to Fire Station #4
Puroose:
To provide data and voice communications to Fire Station #4, a committee consisting of Information
Technology Services, Utilities, Engineering and the Fire Department was task with the scope to identify the
means of connecting the Dew fITe station to the city's network.
Findimrs:
The cormnittee investigated several options to provide network connection to the enterprise city network.
One option is to run our own private fiber from the east utilities water plant to fire station #4. The other
options include lease fiber from Adelphia, Bellsouth T1, Ethernet mesh network, and point to point
wireless.
Results:
Two vendors provided quotes to extend the city's fiber from the utilities compound to fire station #4.
Running the private fiber provides 100 Meg connectivity without recurring monthly cost and a secure
nnderground fiber connection. The cost to run the city's fiber is $48, 937.71.
Lease fiber from Adelphia also provides 100 Meg connectivity. However, most of the Adelphia fiber
network is above.ground which makes it susceptible to intermittent outages. The installation cost of
$6893.25 and monthly recurring cost of $574.00 based on a ten year term is a long term commitment with
no return on investment.
Bellsouth lease TI connection at 1.5 Meg is extremely slow. This bandwidth latency currently impacts fne
stations #2 and #3. The recurring cost is estimated at $400 per month.
Bellsouth Ethernet Mesh network is another solution with a 10 Meg connection. The recurring cost is $680
per month.
Wireless connection at 3 Meg provides the lowest recurring cost at $299.00 per month. However, the
wireless technology will only support Voice over IP (V oIP) phones. The city's current PBX does not
provide IP capability. However, the PBX is slated for an upgrade that will include VolP capability later in
the year. VolP technology is still in its infancy and I wonld not recommend all IP phones for a public safety
building.
Recommendation:
Fiber provides the best solution for network connections. It provides the ability to run phones, data, and
video broadcasting over a secure backbone connected to the city's enterprise network. Owning your own
fiber is the ideal solution because it eliminates monthly recurring cost. It will also transmits at connection
rates up to 100/1000 Meg. The committee recommends that the fne department moves forward with the
installation of the private fiber. Based on the calcnlations of monthly recurring cost associated with lease
fiber, the return on investment would be 7 years.
See the excel spreadsheet on page 2 to review the findings of the committee study.
Options for
FS#4
Bandwidth
1Mb's} Cost Installation Im:m
City Fiber 100/1000 $48,937.71 inc Own
Yearly
T1 Connection 1.5 $400.00 $1,200.00 lease
10 year
Adelphia Fiber 100 $574.44 $6,893.25 lease
Wireless 3 $129.00 $299.00 36 months
Mesh Ethernet 10 $680.00 $1,000.00 37months
Peter Wallace-Information Teclmology Services
2/8/2005
-----Original Message-----
From: Kelley, David
Sent: Friday, January 14, 2005 2:21 PM
To: McNally, John
Cc: Wallace, Peter; Garnsey, Barkley; Ness, Jim; Livergood, Jeffrey
Subject: FW: FS 4 Cabling
John:
A second proposal came in this morning. The following tally is being forwarded to you for
consideration:
Jade Communication, Inc. $48,937.71
universal Cabling Systems, Inc. $57,084.90
have the submittals in my office if you need copies. please advise me of the next step
u wish to proceed on.
Dave... .
Proposal in Response to City of Boynton Beach Department of Public Works
Senior Center & Fire Station #4 Extensions Fiber Optic and Communication
Lines Routing Project.
JAIl I 0 2Oa5
Prepared for: H. David Kelly, .Jr.
Prepared by: Gene Bradley
Account Executive
.Jade Communications Inc.
561 239 0336
October 25, 2004
Dear Mr. Kelly,
Project General Description; Jade Communications Inc. (JCI) will trench, bore and
drill One (I) 2" HDPE and install handholes. JCI will also install a 2" quad innerduct as
specified in sections E-I, I, H, and G on provided Design.
General Scope of Work;
Location of Existing Utilities; JCI will locate existing utilities prior to construction. If
there should be any conflicts with planned design JCI will notify City Engineer for
resolution.
Trenching and Backfill; JCI will trench and backfill all locations on plan. All areas
will be restored to their original condition. JCI will be in compliance with local noise
ordinances.
Equipment; All necessary and proper equipment will be setup and removed by JCI.
This equipment will be onsite and ready for inspection prior to construction.
Installation and Materials; JCI will supply and install (location on blue print for phase
one) the following;
~ 2" Carlon HDPE Ribbed wall directional bore pipe
~ 24' X 36" X (4" and 6") CDR Hand Holes
~ Hybrid fiber optic cable, innerduct and termination components
~ 25 pair cable and termination components
Guaranty; All materials, equipment and craftsmanship will be guaranteed by JCI for
one (I) year of final acceptance.
Price; See attached price sheets.
Balance due upon receipt of invoice.
All material is guaranteed to be as specified. All work above to be completed in
a skillful manner according to standard practices. Any alteration or deviation
from above specifications involving extra cost, will be executed only upon
written orders, and will become a "T & M" extra charge over and above the
estimate. All agreements are contingent upon strikes, accidents or delays beyond
our control. No permit fee's or bonding is included in this quotation. This proposal
subject to acceptance within thirty days and is void hereafter at the option of the
undersigned. Florida License ES0000112
AUTHORIZED SIGNATURE
Date
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are hereby accepted. You are
authorized to do the work as specified. Payment will be made as outlined above.
ACCEPTED:
Signature
Date
Approx.
Item Ouantities Items and Unit or Lump Sum Price Unit Prices Extension
No. Units Bid (prices to be written in words) (in fi=es)
FURNISH & INSTALL MATERIALS
(on EWTP J>roJ>ertv sel!:ment onlv)
$1J,fl81 Dollars
.W Cents $17,087 .13
Provide & install 25-pr. phone copper cable
1,000 inside its own inter-duct. (*)
1.
Lin. 2 Dollars
Ft. .b9 Cents $2,685 .32
Provide & install fiber-optic cable (hybrid
1,000 of 6-strand multi-mode and 6-strand single-
2. mode) inside its own inter-duct. (**)
Lin. 9 Dollars
Ft. .14 Cents $q 141 q~' ,
2" 0 "Carlon" HDPE ribbed wall bore tube
770 (4' deep), installed in open trench.
3.
Lill. 2 Dollars
Ft. .')') Cents $1 q,;, 7';
Hand hole units - CDR system box on Type
2 "C" inlet base - 4- foot deep unit. ,.
4.
~1. ';~7 Dollars
Each .06 Cents $1.7ql. l'
Dollars
Cents
Dollars
Cents
SUB-TOTAL:
Dollars
Cents
Page 2 of4
Approx.
Item Ouantities Items and Unit or Lump Sum Price Unit Prices Extension
No. Units Bid (Prices to be written in words) (in figures)
FURNISH & INSTALL MATERIALS
(along SE 18th Avenue segment)
$31,8,;Q Dollars
'iR Cents $31,850 58
Provide & install 25-pr. phone copper cable
930 inside its own inter-duct. (*)
11.
Lin. 2 Dollars
Ft. .R6 Cents $2,664 .1
Provide & install fiber-optic cable (hybrid
930 of 6-strand multi-mode and 6-strand single-
12. mode )inside its own inter-duct. (**)
Lin. 9 Dollars
Ft. .19 Cents $8,549 .24
2" 0 "Carlon" HDPE ribbed wall bore tube
730 (4' deep), directional bore.
13.
Lin. Ie Dollars
Ft. .16 Cents $13,260 .24
2" 0 "Carlon" HDPE ribbed .)Vall bore tube
160 (10' deep), directional bore.
14.
Lin. 18 Dollars
Ft. 16 Cents. $2,906 .35
Hand hole units - CDR system box on Type
1 "c" inlet base - 4-foot deep w/traffic rated
15. cover.
$2,23'; Dollars
Each 7Q Cents $2,235 .29
Hand hole units - CDR system box on Type I
1 "c" inlet base - 6- foot deep.
16.
$2,2Jj Dollars
Each 7Q Cents $2,235 .29
Dollars
Cents
Page 3 of4
",,~_,,_,'_,4"..'.. .h_''''
Approx.
Item Ouantities Items and Unit or Lump Sum Price Unit Prices Extension
No. Units Bid (Prices to be written in words) (in figures)
FURNISH & INSTALL MATERIALS
(along SE 18tb Avenue segment)
Dollars
Cents $31,850 .58
SUB-TOTAL:
Dollars
Cents $17,087 .1
Dollars
Cents
PROJECT TOTAL:
Dollars
Cents $48,937 .71
.
Dollars
Cents
NOTES:
(*) Copper cable shall be installed and terminated to a wall-mounted 110-block, with surge
arrestors at each end.
(**) Fiber cable shall be installed and terminated within a wall-mounted fiber enclosure, and
shall use ST type connectors at each end.
All components for the installation shall be provided by the Bidder; all cabling terminations shall
be tested and certified by the Bidder.
Page4of4
Jan.14 2005 8:13AM
.......
~~~
Universal Cabl ing Systems, Inc,
No 5255 P.l
"~
, "
UNIVERSAL
CABLING
SYSTE~ Ioe.
... ..
.1 ..
''''''.--
FAX TRANSMISSION
*****************************..********.***************.*****
DATE:
Friday, January 14, 2005
TO:
Mr. H. David Kelley, Jr.
COMPANY: City of Boynton Beach
FAX NO.: 561.742.6285
FROM: Chris Levandoski for Ronald Dubeau
PAGES SENT (Including cover sheet): 5
Original to follow via: _ US Mail _ Email ..x.. None _ Delivery
******************..************..*.*.**************.************.
COMMENTS:
If io the futore you would prefer to have your proposal emailed to you in .pdf format
please email Chrisliilucscable.com with your Company Name and the email address
that you would like YOUl' proposals sent to., This emailed l:oPy will replace the fax copy
that you currently receive.
Communication is the LINE to Success
914 Fern Street - Welt Palm Beach - Florida - 33401
Phone: (561) 659.6224 Fax: (561) 659-6308
Email: ucscable@bellsoutb.net www.uClcable.com
"-
" "",_">_c,,,,~_'~"""41.'
Jan.14. 2005 8:14AM
Universal Cabl in! SYstems. Inc.
No.5255 p. 2
ATIACHMBNT "S"
SCHEDULE QF VALUES
Bidder: Univelllal Cabling Systems, Inc.
Address: 914 Fern Street
West Palm Beach, Florida 33401
Date:
1/1412005
Project Name: FIBER.OPTIC
GABLB & CONDUIT INSTALL.
BWfP TO F.S. #4
In filling out this Soh8dule of Values form (hereinafter referred to lIlI the "Schedule''), Bidders
shall be governed by the following:
A. This Schedule must be made on the blank spaces provided herein. The blank spaces in
the Schedule form mU6t be filled in, regud1ess of whether quantities are shown, and no
change shall be made either in the phraseology of or on the items mentioned in the
Schedule form.
B. This Schedule shall specify a unit price writu:l1 with iDle: in both words and f1gure1, for
each or the separate items.. called ror, except when the bid is called ror on a lump sum
basis. Lump lI1W bids shall be shown in both worda and figurlll; where there is a
variation between the written amount ana the figures, the lower value will be taken as the
bid price.
C. Any Schedule which does not contain prices set oppolite each of the items ror which
there is a blank space, or any Sohedule which shall in any manner fail to conform to the
oondltioll8 of the published notice may be Illjcctcd.
D. Any Sohedule that contains any omission, eraswe, alteration, addition, or item not called
for in the Department's estlmate or iioml, or that show irregu1arities of my kind, may be
rejccted as non-respoll8ivc (lnfOl1llal or im&ular).
E. All prices submitted in the Schedule indicate that the Bidder has oxatnincd tho Special
Provisions, the form of the Contract and the Bond rcquimnents, together with the plans
and Ipcclficmions for the Project, has vlsitocl the ptOpOIled work site lotation 8I1d the
source of supply of materiala, and BlIbmita his prices agroeing to fbmlsh md pay for all
necessary labor, equipment, materlala and JCrvioes required, fiI1ly undend1OlIdil1g that the
quantities shown herein are approximato only, and that the Bidder will fblly complete all
necessary work in BCClOl'dance with said plans and speoificlllioD8 8I1d the requlremCllls for
each item Iiated within the time liIme Ipcoificd in the Bid Documents: this Schedule
attached to the Bid Fonn with the following unit priC08, to wit:
PISI I ot4
Jan,14.2005 8:14AM
Universal Cabl ing SYstems, Inc.
No.5255 p. 3
~~.
Item lie. Itm:u ;: UDlt or l.wq> S1lm~~ UDlI PrIcca ExleDIloIl
No. Umll Bid '011I to bo wr!ttIIl ill wmlt (iD f1""",.1
FU~SH & ~ST~L MATERIALS
!0!1 t nnlv\
Dollm
Cents
PIovido & iDlta11 25-pr. phone copper cable
1,000 inJide it. own illter-duct. (*)
1.
Lin. Three Dollars
Ft. Nine Clll1ts 3 09 3.090 00
Provide & install fiber-optic cable (hybrid
1,000 of &ostrand multi-mode 8lId 6-stnmd single-
2. mode) illSide its own inter-duct. (**)
Lln. Pour Dollm
Pt. Four Clll1ts. 404 4,040 00
2" 0 "Carlon" PE ribbed wall bore tube
770 (4' deep). imtalled in open trench.
3.
LiD. Three Dollm
Pt. Elahtv-elaht Cents 3 88 2.987 60
Hand hole tmits - COR system box on Type
2 "C" lnlet base - 4-foot deep unit.
4.
Three thousand six hundred four Dollm
Bach Zero CCDlI 3,604 00 7,208 00
Dolltrs
CCIDts
Doll81'8
CCIDts
SUB-TOTAL:
Seventee thousand three hundred twenty-five Dollm I7,32!
-. Cents 60
Pip 2 014
.._,.".<...""<."",.",,,"...~..,....".,,."...~
Jan.14. 2005 8:14AM
Universal Cabling Systems, Inc.
No.5255 P.4
AppJox.
Item oWDmtlel 1_ ucI th>U or Lump S\uD PriOIl ~~:=~ IlxlCllJlo:a
No. Units ~~iIIWOnlll
(.JOIll BE 18 AVella~:'-t)
Dollars
CIlIlts
Provide &; install 25-pr. phoDe ClOpper cable
930 inside its own inter-duct. ('t)
I!.
LIn. Three. Dollars
Ft. Nine Cents 309 2,873 70
Provide & iDlta1lfiber-optic cable (hybrid
930 of 6-strand multi-modo and 6-8ll'alld single-
12. moc!,o)inside its own inter-duct. ('till)
Lin. Pour Do1lara
PI. Pour Cent. 404 3,757 20
2" 0 "Carlon" HOPE ribbed wall bore tube
730 (4' deep), directional bore.
13.
LiD. Twenty-one Dollllll
Ft. Piftv-six CIlIlts 21 56 15,738 80
2" 0 "Carlon" HDPB ribbed.)V8ll bore tube
160 (10' deep), dhectional bore.
14.
Lln. Thirtv-five' Do11anl
Ft. Sixteen Cent-. 3S 16 5,625 60
Hand hole units - CDRI)'Itom box on 'l)po
1 ''C'' Inlet base - 4-1bot deep wftraflic rated
IS. cover,
Three thousand six hundred four Do1lara
Bach 7~ Coma 3,604 00 3,604 00
Hand hole units - CDRll)'Itllm box on Type
1 "C"lnlet bue - 6-1bot deep.
1/i.
Eight thousand one hunC!reCl sIXty Dollm 8,160 00
Bach Zero Cents 8,160 00
Dol1ars
Cont.
P...3 of4
Jan.14. 2005 8:14AM
Universal Cabl ing SYstems, Inc.
N0.5255 p. 5
ApprOX.
IIem ~fttili.. 1~~Dilor L1IIIIP Sumhl~ ~:~= BlItcIWOlI
No. UDits Bid 10 bt wri\ltlllll wotdI
lI'lJRNlSB t~8T.AJ.J' MATDIALS
ClIIcm. SE 1 Aveaue tepltIlt)
Dollars
Clll1ta
SUB-TOTAL:
Thirty-nil e thousand seven hundred fifty-nine Dollars
..I.I1lm:.COII.ta 39,759 30
Dollars
Co.lIlB
PROJECT TOTAL:
FiftY-seven thousand eismtv-four ~lars 90
Cents 57,084
DoIIars
CCI1lB
NOTES:
(0) Copper cable shall be installDd and tllnninated to a wall-mounted 110-block. with surge
arrestors at each end.
COO) Fiber cable shall be installed and terminated within a wall-mounted fiber enclosure, and
sball use ST type CDIIDllCtorIlIt each end.
All componenlB for the installation sball be provided by the Bidder; all cabling tenninatiOll8 ,ball
be tested and certified by the Bidder.
Pase 4 of4
. ""~"".'"""',''''~"",,"'~-'' .
VI.-CONSENT AGENDA
ITEM C.1
/
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAAl
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to Citv Clerk's Office Mt:ping Dates
0 December 7, 2004 November 15,2004 (Noon.) 0 February I, 2005
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15, 2005
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1, 2005
0 January J 8,2005 January 3, 2005 (Noon) J2i tl.1arch ] 5, 2005
Date Final Form Must be Turned
in to Citv Clerk's Office
January 17,2005 (Noon)
January 31, 2005 (Noon)
February 14,2005 (Noon)
i."J
February 28, 2005 (Noo~
c-,
r,,)
C..:J
0 Administrative 0 Development Plans
~ :J:~
NATURE OF Consent Agenda 0 New Business ::x
AGENDA ITEM 0 Public Hearing Legal 0
LJ
0 0 CJ
Bids Unfinished Business G
0 Announcement 0 Presentation
0 City Manager's Report
',-')
(}=t
~-= -<
-<0
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:I:
RECOMMENDATION:
Approval of an Resolution creating Grant Funding Policies governing all grants awarded
by the City to outside individuals and organizations.
Currently, the procedures followed by staff and required of grant fund applicants is not
wen documented. Lack of documentation has the potential to create uncertainty and
confusion as to how the process works. The draft policies are intended to clarifY the role
of applicants, reviewing staff, City Manager, City Attorney and City Commission.
EXPLANATION:
PROGRAM IMPACT:
None
FISCAL IMPACT:
None
,
ALTERNATIVES:
None
-td~~~~ ~
City Manager's Signature
v ~~
Departme~aa's Signature
City Attorney
Department Name
~c#-s
, ty Attorney / Fmance / Human Resources
""
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. 05-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF THE
6 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
7 AND ADOPTING GRANT FUNDING POLICIES;
8 PROVIDING AN EFFECTIVE DATE.
9
10
11 WHEREAS, the City Commission of the City of Boynton Beach desires to create
12 olicies governing all grants which are awarded by the City to outside individuals and
13 rganizations; and
14
15 WHEREAS, the City Commission intends for the following policies to cover all
16 nstances when the City Commission approves distribution of public funds to individuals or other
17 egal entities, with the exception of distribution of Community Investment Funds by the City
18 ommission which are regulated by the procedures set forth in Resolution R03-l3 7.
19
20 WHEREAS, the grant funding policies adopted by the City Ghould elearly indieate that
21 are intended to be supplemental and subordinate to federal regulations as they pertain to the
22 DBG program funding.
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
25 ITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1.
The foregoing whereas clauses are true and correct and are now ratified and
27 onfirmed by the City Commission.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
29 pproves and adopts the following Grant Funding Policies:
30 GRANT FUNDING POLICIES
31 ntent
32 It is the intent of the City Commission by adopting the following polices that the City
33 mplement grant application, evaluation, letting, and monitoring procedures that:
34 (a) Establish a process for announcing the availability of grant funds, the purposes for
;\CA\RESO\Grants\Revised Grant Funding ProceduresKBRev.doc
/9/2005
Page 1 of9
10
11
12
13
14
15
16
17
18
19
20
1
2
3
4
(b)
which they can be used, and the procedures for making application for those
funds.
Encourage eligible individuals and organizations to seek appropriate funding from
the City.
Provide a level fllayiHg field for consistent information to grant applicants.
Require full documentation of the process from time of announcement to time of
completion of the project funded by a City grant.
Require transparency of the grant decision making process so that it is clear why
some applicants are successful in obtaining grant funding and why others are not.
Require objective decision making on the part of City staff involved in the grant
application evaluation process.
Describe the role of the City Commission in authorizing project or social service
funding with public funds.
(h)
Insure that limitations or conditions on the use of public funds obtained by
applicants through the City's grant letting process are consistent with state and
federal rules and regulations.
Establish accountability by all individuals involved in grant funding.
Describe the responsibilities of the City staff in monitoring the use of grant funds.
Require the City staffto maintain accurate grant records and provide for reports to
the City Commission the use and availability of funds.
5
(c)
(d)
(i)
0)
(k)
21 The foregoing objectives, and the following policies should be viewed as supplemental
22 and subordinate to state and/or federal regulations pertaining to CDBG funds. In the event
23 of a conflict between what is required by state or federal regulation and what is required
24 by theses policies, state and federal regulations control.
6
7
8
9
(e)
25 oles and Responsibilities
26 City Commission- The City Commission shall be responsible for:
27
28
29
30
(f)
(g)
(a)
Establishing by resolution general policies to ensure accountability for the use of
public dollars obtained through grant programs regardless ofthe source of funds.
Appropriate funds in the City's annual budget to provide funds or matching funds
for projects or services which benefit the community.
(b)
31 (c) Appropriate funds in the City's annual budget for administrative costs necessary
:\CA\RESO\Grants\Revised Grant Funding ProceduresKBRev.doc
/9/2005
Page 2 of9
2
3
(d)
to manage the City's grant programs.
Review and act on recommendation from the City's professional staff on issues
regarding grant administration and distribution.
4 Staff- The City's staff is responsible for:
5
6
7
(a)
Gathering information of the availability of County, State, Federal, or private
grant opportunities and report that information to the City Manager and the City
Commission.
Day to day administration of the City's grant programs, including, but not limited
to, promoting grant programs, education regarding the grant application process,
application assistance, evaluation of applicants, recommendation of funding
awards, management of grant funds consistent with state and federal rules and
regulations, monitoring of grant contracts, preparation of reporting documents,
interfacing with regulatory personnel from other agencies, and periodically
reporting to the City Commission the status of programs funded through the
City's grant program.
Maintaining and report the availability of funds.
Maintaining accurate and current information on the expenditure of all grant
dollars, the status of pending grants, and grant monitoring.
Processing requests for public records in cooperation with the City Clerk.
Providing, through the City Manager, information requested by City
Commissioners.
Developing a grant information svstem. which is accessible through the City's
web page. The information provided shall include a summary of questions asked
bv grant applicants and answers provided bv City staff.
25 City Manager- The City Mmanager is responsible for:
8
9
10
11
12
13
14
15
(b)
Oversight of the City staff.
Designating or appointing City staff to administer the City's grant programs.
Requesting, in hislher annnal budget, funds to provide grant opportunities and for
grant administration.
31 City Attorney-The City Attorney is responsible for:
Coordinating hislher staffs periodic reports to the City Commission.
16
(c)
(d)
17
18
19
(e)
(f)
20
21
22
23
24
(g)
26
(a)
(b)
(c)
27
28
29
30
(d)
:\CA \R.ESO\Grants\Revised Grant Funding ProceduresKBRev.doc
/9/2005
Page 3 of9
(a) Reviewing and approving all forms used in the grant application process.
2
(b)
(c)
Preparing agreements with grant recipients.
Advising the City Manger, City staff and City Commission on issues of law that
impact the City's grant program or grant agreements.
3
4
5 General policies
6
(a)
Access to funding
7
8
9
10
11
12
13
(I)
The City staff should will announce and publish all funding opportunities,
through public announcements, postings, explanatory leaflets, targeted
mailing to local organizations, press releases to the media, and other
means that might expand the base of applicants who desire to serve the
community through the use of public funds. This is particularly important
where a funding opportunity is available for the first time, during annual
renewal, or where the terms of funding are revised.
14
15
16
17
18
19
20
(2)
Interested parties should be able to find out easily what the funds are
available and what those funds will and will not support; key conditions of
funding; exclusions; the likely scale of competition for funds; any upper or
lower limits on grant size; how to apply for a grant; how the applications
will be handled; and how long it will take to reach a decision. Each
enquirer should be provided with a clear funding timetable that sets out the
City's calendar of key deadlines in the funding process.
Information should be disseminated early enough to allow time for
applications to be prepared, taking into account the circumstances of
potential applicants. City staff should act in the role of facilitator of the
application process, not as a gatekeeper. Each enquirer should be treated as
an equal in the application process.
21
22
23
24
25
(3)
26
27
28
29
30
31
(4)
Funding application forms and accompanying instructions should be clear
and user-friendly and any additional documentation required should be
specified. Where application forms are not used, guidance notes or a
simple information checklist should be provided. Examples of previous
forms which resulting in funding should be provided to interested parties
to illustrate the content of a successful application.
32 (5) City staff should consider whether special steps are required to ensure fair
33 and equal access to information and funding consistent with applicable
34 State . County. and Federal regulations. across geagraphical areas; far
35 ethnic or rooial miFlarity graaps; for grollps frBffi different religioHs and
36 cultural backgrounds; for disadvantaged groups; aRd for those with special
:\CA \RESO\Grants\Revised Grant Funding ProceduresKBRev.doc
/9/2005
Page 4 of9
36
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
(b)
(6)
needs whom the City particularly wishes to reach. The City Manager
should establish oversight procedures to monitor the effectiveness of this
approach.
The City Commission, following a recommendation from City staff,
should consider whether they can produce bilingual information and forms
and be prepared to assist non-English speaking applicants to complete the
City's applications
(7)
The City staff should maintain a list of the name, address and telephone
number of all individuals who make inquiry regarding funding
opportunities and a procedure for follow up with those individuals should
be developed as a means of measuring the success of City's procedures.
The success of the City's funding procedures should be measure not only
by those who are successful in the funding process, but also by
understanding why those who sought funding and were not able to obtain
funding failed.
Processing grant applications
(I)
(2)
(3)
(4)
(5)
Timetables and procedures for processing applications should be set and
publicized, with particular emphasis on deadlines and the reason for them.
The City staff should identify clearly the information that they wish to
collect and how that information will be used in the decision-making
process. Information concerning the applicant's objectives; experience of
related work; the purpose and expected outcome of the work to be funded;
financial competence; and current financial position should be completely
documented and verified. Documentation of this information is critical to
evaluating and verifying the effectiveness of the decision-making process.
Completed grant applications should be acknowledged on receipt. When a
grant applicant is reviewed and it is determined that necessary information
is lacking, the applicant shall be contacted personally and advised of the
deficiencies. Except for CDBG grants. which have a more specific filing
process and special checklist system. +1he deadlines timetable for
processing fef applications should be set to allow one short period of time
for correction or supplementation prior to the final submission deadline.
Applicants should be made aware of suitable sources of advice and help
with their applications. City staff should conduct at least one (1) technical
assistance workshop in advance of the application deadline.
The City should maintain a list of the name, address and telephone number
:\CA\RESO\Grants\Revised Grant Funding ProceduresKBRev.doc
/9/2005
Page 5 of9
1
2
3
4
5
6
7
(c)
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
of all applicants as well as the time and date of filing. The City staff
should develop a procedure for follow up with those individuals should be
developed as a means of measuring the success of City's procedures. The
success of the City's funding procedures should be measure not only by
those who are successful in the funding process, but also by understanding
why those who sought funding and were not able to obtain funding failed.
Decision-making
(I) The City staff should have clear written criteria for making grant decisions.
The City Commission should be advised of the proposed criteria prior to it
being announced to the public or incorporated in application documents or
grant agreements.
(2) The criteria for approving or rejecting an applicant should be objective and not
subj ective. These should cover the extent of any delegated authority, the
timetable, the criteria for approval, and any training or special expertise
required for the decision-making process.
(3) Staff evaluators and their supervisors shall consider whether arrangements
should be made to avoid any appearance of improper conflict of interest
arising for those involved in decision- making.
(4) Applicants should be notified of decisions as soon as possible.
(5) For successful applications, where funding is requested for a specific period
(eg a financial year), it may be helpful to give a provisional indication of the
grant as far in advance of the start of the period as possible, but a definite
figure should be confirmed not later than the start of the period.
(6) City staff shall write to all unsuccessful applicants to give the principal
reasons for a refusal to make a grant.
(d)
Selecting whom to fund
(1)
Applications should be judged on substance rather than presentation,
except to the extent that presentation is material.
(2)
City staff should consider whether voluntary organizations should be
encouraged to seek funding from a range of sources, recognizing that such
encouragement may in different circumstances constitute a reasonable
challenge or an unreasonable burden. Where matching funding is required,
staff should consider the economic value of volunteering and of
community activity and self-help. The City staff and City Commission
:\CA\RESO\Grants\Revised Grant Funding ProceduresKBRev.doc
/9/2005
Page 6 of9
32
33
34
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
should be careful to aveid-avoid !double funding
(3)
The City staff should require evidence of a voluntary organization's
commitment to equal opportunities in terms of their own personnel
policies and the delivery of services to their clients.
The City staff should consider the extent and nature of the contribution
that volunteers and users might make to the proposed activity where this is
consonant with wider policy objectives.
(4)
(5)
Following evaluation of applicants by the City staff, the City staff shall
forward a recommendation to the City Commission through the City
Manager. The recommendation shall contain sufficient justification for the
rejection of any application.
Final approval of funding is reserved to the City Commission.
(6)
(e)
Payment procedures
(I) There should be written confirmation of the grant offer and any conditions
before any payment is made. It may also be appropriate to confirm the
applicant's acceptance of these conditions. The City Attorney shall review
and approve all contracts between the City and an applicant.
(f)
(2) Grant conditions should clearly state the amount, purpose and duration of
the grant; the arrangements for payment; the monitoring and evaluation
arrangements which apply; the limitation on the use of the funds, if any,
and the circumstances in which funding might be terminated.
,(3) The City staff should recognize that some organizatiens caooot function
witl10Ht receiving p~'ffients ia advance, aad slwllld make sllitable
arrangements where possible. The City staff sl10llld also be aware of the
problems for grant recipieats that may be caused by departure from any
agreed schedule efpa)'ffients.
Monitoring & evaluation
(I)
Appropriate measures of performance (i-ei.e. monitoring) and
outcome/output (i-ei.e. evaluation) should be agreed at the outset with all
organizations receiving funding. These should conform to clear policy
objectives for the overall grant scheme.
Monitoring should not become an excessive burden on either the City staff
or the grant recipient funded, but should be appropriate to the level and
type of funding provided, the nature of service required, and the need to
(2)
:\CA\RESO\Grants\Revised Grant Funding ProceduresKBRev.doc
/9/2005
Page 7 of9
2
3
4
5
6
7
8
9
(3)
ensure proper accountability for the expenditure of public dollars.
The City staff should evaluate grant fund expenditure in accordance with
these policies, the grant contract documents and applicable county, state,
or federal laws and regulations. City grant agreements should require grant
recipients to use self- evaluation and periodically report to the City staff
the use of funds and level of services provided with those funds. Where
appropriate, the City, through inter-local agreement or informal
understanding, should act in consort with any other private or public
entities supporting a grantee~s activities.
The City staff shall request appropriate levels of financial information and
should require independent verification of accounts, through audit &and or
independent examination.
The City Attorney shall ensure that all grant agreements contain provisions
for terminating funding in the event of unsatisfactory performance or
breach of grant conditions.
Dissemination
The City shall require all grant recipients to disseminate the results of
projects or services funded and if necessary should make provision in the
grant agreement for dissemination.
The City staff should disseminate to the public at least once annually the
results of project or services funded with public dollars.
22
(h)
Changes to funding
The City staff should give as much notice as possible of any changes in
grant scheme policy or management arrangements.
Voluntary organizations should be consulted prior to any changes in their
funding position, which arise from evaluations of individual grants.
The City staff should ensure that decisions on funding are taken well
before arrangements have to be made to terminate a service.
Should any section or provision of this Resolution or portion hereof, any
31 aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
10
11
12
(4)
13
14
15
(5)
32 ecision shall not affect the remainder of this Resolution.
16
(g)
17
18
19
(1)
20
21
(2)
23
24
(1)
25
26
(2)
27
28
29
30
(3)
Section 3.
:\CA\RESO\Grants\Revised Grant Funding ProceduresKBRev.doc
/9/2005
Page 8 of9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Section 4.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
TTEST:
ity Clerk
CORPORATE SEAL)
:\CA\RESO\Grants\Revised Grant Funding ProceduresKBRev.doc
/9/2005
Page 9 of9
Vl._CONSEN'T AGENDA
l'TEM C.3
C,^,~'4 iy"'..,'c- <""
J ".
'" ')
CITY OF BOYNTON BEACH
AGENDA 1'l'EM REQUEST FoRM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fi.nal l~onn Must be Turned
MeetinQ: Dates in-to City Clerk's Office Meetin!? Dates iILto Citv Clerk'S Otf10<
0 December 7, 2004 November 15, 2004 (Noon.) 0 February 1, 2005 January 17,2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15.2005 January 31, 2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005 February 14,2005 (Noon)
0 January 18, 2005 January 3. 2005 (Noon) lZl March \ 5, 2005 February 28, 2005 (Noon)
NATURE OF
AGENDA ITEM
Consent Agenda
Public Hearing
Bids
o Development Plans
o
o
o
o
Cl
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Legal
Unfinished Business
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the owners of propertieS involved.
o Administrative
lZl
o
o
o
o
New Business
--1"1
.
'CO
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Presentation
Announcement
City Manager's Report
""'....."0.' ",," ... "" ""_ by """ ""'"."'" ro ""'" .. ''''' " <he pro","'"
""",,,,,, '" 8<h;b< .'.. "'" propertY ~_ - ,- by" _re De"",""" ~"'" "",,,,~ ,,"
lli~ "'" """ "",,,<led w , ",,,,,,,,, ._ " '" ""'" ro -p ""'" _. """' """" ""'"
,_,. "'" AM"'" _'" <he' 'mw"OOd <he ,~- ~ ..' "" 00'. - ,--, .'"
placement of liens on these properties.
em J~'" 26, 2005, ""'" proP! """'" ""'" ~, ""'" ,- "'"" '" ,,,,,,,",by ro ~" """" 30
d'" '" ,"", ro ""'" ,"00"," ' U~ ~.... _nv. w' "'" "'" """'" ' ~"'''''' ro d".
11 "'" __ " ,,,_, <he CftY _, ""~ .m ".'" "'" <he pro",nv ~- lli* , r~ .m '"
""""" '" p... ""'" C<,,,'" 30 dOl' .om .. _ of ,p"",,'. Th".. ,.. lli' p"",nv - '"
additional opportunity to avoid the placement of a lien on their properties.
PROGRAM IMPACT:
f15CAl-lMP'cr, " _, ,,,",,,, ""'" "",,- h~ ",. "" CftY ~ -' ""'" .,,'el."
""",.", _'",_ "'" of ... wm .. _ " lli" _"" """ -,"",,- '''' '"' <he CftY -
office.
.........",,"" No! ~ P':,", ,_ ~ ""'" pro~ CftY.'" ti """,_.
'P#~
Department Head's Signature City Manager's Signature
~
City Clerk's Office City Attomey / Finance / Human Resources
S:\CC\WP\LOT MoWlNG ASSESSMENTS\Agenda Item Request' Resa APproval Request. 02'24'0S.dot
If
/
16 City, thereby constituting a nuisance; and
" pi,"" "' olh" OOiMi", '""''""" d"'imw," I 10 Ii" h~lIh m,,' w'lf= oflh, "'id,"" oflh,
" by",,"" of Ii" ~i","" 0' ~'~,i,," gmwlh of W~I" "~" "'gO"i"" '" "h" "">io,,,
" pmp""y '" P'''dOOfJ"", ~ h","",,, d'~rih", "iolm, S,""" 10,' "d I "3 of '''d Co'"
" 0"""",,, of Ih, C iI y ,,' 0""","" B'''h, '''"''d ",d d"'""i" "'Ib" Ib, '""dih" of ""'m"
" O'''h, Florid" """g 0" ~d 0" bohm' '" Ii" Cily, ,,~ P"","", 10 S"Ii,", ''', oflh, C""oo,
1 RESO'"VTION NO. 05-
2
, A RF$OWnON OF n" Cln COMMISSfON OF
' 'rilE CITy OF BOYN'rON ",'ACll, nORIOA
S ASSEsSJNG llJE COSTS 0>' AlJAI'EJlJENT OF
6 CERTAIN Nl/JSANC", AGAINS'f 'rilE OWNERS
7 0" 'mE PROPERnES INYOI,,"O, ANo
8 PROVIDING FOR AN EFFECTIVE DA TE.
g
" WH';j'EAS, Ib, C;,y M'''g" " 'Ii, d~iw,",,,, ''P''''''''i", oflh, C;,y "fBo,",,",
20 and
" ,""" Ib, "oi,,,,,, "d'''rih", io Ii" Noli" '0 Ow"", wilhi" Ib, P'~'rih", pori"" of Ii"",
" """fi'd Jo "''''d"" wW, S"Iio" '''5 of 'h, CiI, COd",f Onh"",~ "",I w""' "",,;,'" Ie
n WHEREAS, Ib, o"",,~ of 0" P""''',,) of pm"""y h,,,",,,", dOWrih", w,,, d"'y
21 WHEREAS, said nuisance Was not abated as required; and
26 involved, which is hereinafter described.
" '"'" "''''liy "",,"'" hy Ib, Cily ~d ""","',., 0' ~id ""i,"",,, w 10 Ib, P'_[(,j
" WH"REAS, Ib, CiI, M'",g~ 0' hi, "lIion,,,, ""'~'.'''vo hw "'>Ie, ""ort of
" of 'ho Cod, of O,"i",",~ 0' Ibe Cil, of 00"""" B~,h, Ib, Cily """'" ""d ''''_", Md
Zi WHEREAS, P"'OM' 'n "d i, "'"'""" wilb "e -"",,, '" forth io Ch"",~ 10
28 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
" NOW, llJERE'O", .. IT R"SOL VEn BY 'm" CfTV COMilflSSION 0"
"'~"'''~''"''.._,.......,"
/
1
Section I:
Each Whereas clause set forth above is true and correct and incorporated
2 hercin by this reference.
3
Section 2:
That the amount of costs incurred by the City and the abatement of the
4 abovc-described nuisance as to the parcels ofland, owned and indicated to-wit:
5 See attached Exhibit "A"
6 Subject amount is hereby assessed as liens against said parcels of land as
7 indicated, said liens as to said parcels of land shall be of equal dignity with
8 the taxes there from for the year 2004, depending on invoice date, and
9 shall be enforced and collected in like manner pursuant to applicable
10 provisions of law. In the event collection proceedings are necessary, the
11 property owner shall pay all costs of the proceedings, including reasonable
12 attorney fees.
13
14 Section 3. This Resolution shall become effective immediately upon passage.
15
16 PASSED AND ADOPTED this _ day of March, 2005.
17
18 CITY OF BOYNTON BEACH, FLORIDA
19
20
21 Mayor
22
23
24 Vice Mayor
25
26
27 Commissioner
28
29
30 Commissioner
31 ATTEST:
32
33 Commissioner
34
35 City Clerk
36
37
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The City of Boynton Beach
rrf'\.,.
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.~~... . /< 7'.,
. __~ ".v .
. rO:1 O. '
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beacb.fl.us
www.bovnton-beach.org
January 27, 2005
John W. Field, Jr.
P.O. Box 21343
Ft. Lauderdale, FL 33335
RE: 08-43-45-09-12.001-0060 $504.12
08-43-45-16-01-015-0180 $684.12
Dear John W. Field, Jr.:
Attached is a copy of an invoice in the amount of $1,188.24. This invoice reflects the cost of lot
mowing for properties located at 3048 E. Palm Drive, and 311 Ocean A venue. According to our
Finance Department, 'you were invoiced on two occasions and a collection agency has been
attempting to collect for a year.
Please be advised that in accordance with Chapter 10, Article III, Section 10-54 of the City of
Boynton Beach Code of Ordinances, if payment is not received within 30 days of the date of this
letter, this matter will be forwarded to the City Commission for further action. The City
Commission will consider adopting a Resolution that if approved, will be recorded in the public
records of Palm Beach County, Florida. The Resolution, once recorded, will result in a lien
being imposed on the property, and will include an additional $30 administrative fee. This lien
will bear interest at the rate of 8% per annum.
You are urged to pay this invoice within 30 days to avoid the placement of these liens on your
properties. If you require any additional assistance, or if you have any questions, please contact
my office.
Very truly yours,
t M. Prainito, CMC
ty Clerk
Attachment
s:\CaWP-LOT MOWING ASSESSMENTS\First Notification Ltr Field.doc
Americas Gateway to the Gu/fstream
/
./'
CITY OF BOYNTON BEACH
(561)742-6831
'--- 1__.. / I /
INVOICE
12604
TO: JOHN FIELD
P.O. Box 21343
FORT LAUDERDALE, FL 33335
INVOICE DATE
DUE DATE
12/22/04
1/21/05
1. 00 LOT MOWING FEE 120.00 120.00
08 43 45 09 12 001 0060
1. 00 LOT MOWING FEE 300.00 300.00
08 43 45 16 01 015 0180
4.00 CODE ENF ADM/INSPECT FEE 96.03 384.12
08 43 45 09 12 001 0060
4.00 CODE ENF ADM/INSPECT FEE 96.03 384.12
08 43 45 16 01 015 0180
TOTAL DUE:
$1,188.24
PLEASE DETACH THIS PORTION AND RETURN WITH YOUR PAYMENT.
REMIT TO
CUSTOMER NAME
CITY OF BOYNTON BEACH
ATTN: CASHIERS
PO BOX 310
BOYNTON BEACH FL 33425-0310
FIELD, JOHN
'H;QM$!fQM~l'!tmle~li!QMllliltff!nN\I9I($llArli1f if'fllil\WI!imNQMI,lIffiHf';
1040/1148 2/22/04 12604
"""'" ",ffftiM4lWl'fl\QVl1f'fiiii""'"
$1,188.24
\
BEACH
eACH BLVD.
.
.
.
.
.
LORIDA
FR/i'
""~
'aIm Beach County Property Appraiser Property Search System
Page 1 0 I 1
Location Address: 3048 E PALM DR
~I
Municipality: BOYNTON BEACH
Parcel Control Number: 08-43-45-09-12-001-0060
Subdivision: ROLLING GREEN RIDGE IN
Official Records Book: 02138 Page: 0578 Sale Date: Jan-1973
j.,ggj!L[)eSCriDtion: ROLLING GREEN RIDGE LT 6 BLK 1
r Owner InfDrmation
Name: FIELD JOHN W JR
........
Mailing Address: PO BOX 21343
FORT LAUDERDALE FL 33335 1343
Sales Information
Sales Date Book/Page
Jan-1973 02138/0578
Price SalElTYPEl Owner
$4,000 NO DATA FOUND
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
WiEl C"de: 0100
2004 2003 2002 Tax Year 2004
28.964 $26 365 $23 813 Number of Units: 1
18.510 $16 640 $13 000 *Total Square Feet: 576
47.474 $43 005 $36 813
Description: RESIDENTIAL
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year: 2004
Assessed Value: 47 47
Exemption Amount:
Taxable Value: 47 47
~
ax Va ues
Tax Year: 2004 2003 2002 ......
Ad Valorem: ~1 111 ~1 023 $886
Non Ad Valorem: "174 "174 $244 I~I
Total Tax: ~1 285 ~1 197 $1.130
T
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detail on one page.
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@ 2004 Palm Beach County Property Appraiser.
tp://www.co.palm-beach.fl.us/papalaspxlweb/detail_info.aspx?p _ entity=084345091200 1 0060&geonav=... 2/24/2005
Palm Beach County Property Appraiser Property Search System
Page I of I
Property Information
Location Address: 311 OCEAN PKY
11Iil!_~.""-',,1
Municipality: BOYNTON BEACH
Parcel Control Number: 08-43-45-16-01-015-0180
Subdivision: ROLLING GREEN RIDGE 1ST ADD IN PB 24 PGS 223 TO 226 INC
Official Records Book: 02508 Page: 1659 Sale Date: Jan-1975
Leg'!IDescriptiorl: ROLLING GREEN RIDGE 1ST ADD L T 18 BLK 15
Owner Information
Name: FIELD JOHN W JR
~--!
Mailing Address: PO BOX 21849
FORT LAUDERDALE FL 33335 1849
Sales Information
Sales Date Book/Page
Jan-1975 025118L165,9
Price S,,!le Type Owner
$9,500 NO DATA FOUND
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Cod,!:: 0100
20!14 2003 2002 ~ Tax Year 2004
538 839 ~37.7ili 535 4S4 Number of Units: 1
~ 15 593 13.750 511 000 *Total Square Feet: 904
~ 54,432 51 461< 546 454
Description: RESIDENTIAL
* in residential properties may indicate living area.
~ Assessed and Taxable Values
Tax Year: 2004 20113 2002
Assessed Value: 554 432 551.468 546 454 -
Exemption Amount: 5~ $Of 5[
Taxable Value: 5S4 432 551 4681 546 454
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2Q04
127
17
144
;Z003,
1225
17
1399
2002
111
24
136
~
~"'I
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detail on one page.
R~!::ord S~gI.d1llnformatiol) I Exempj:lons U~ommunttY I EmQ!Qyrnent I New H2D1e Buyer I Offic~!-ocation~
V.9l1J~AdilJstmeot Board I SQy~.Q\,.Ir.J:!(LIll~.? I SlillJ9LCorner I Disclaimer
HOlne lL,toks I G'OSSJ!)' I FAQ I forms I CQDJ"lcJUs I PAPA
@ 2004 Palm Beach County Property Appraiser.
http://www.co.palm-beach.fI.us/papalaspxlweb/detaiUnfo.aspx ?p_entity=084345160 1 0 150... 21712005
VI.-CONSENT AGENDA
ITEM C.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Dale Final Fonn Must be Turned
Meetine: Dates in to City Clerk's Office Meetim~ Dates in to City Clerk's Office
0 December 7, 2004 November 15,2004 (Noon.) 0 February 1,2005 January 17,2005 (Noon)
0 December 11, 2004 December 6, 2004 (Noon) 0 February 15,2005 January 31, 2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) 0 March I, 2005 February 14,2005 (Noon)
0 JanuaJ)' 18,2005 January 3, 2005 (Noon) [g] March 15,2005 February 28, 2005 (Noon)
NATURE OF
AGENDA ITEM
co
, (....:; -.-t
0 Administrative 0 Development Plans .- ,-<
...~..... -<.c)
1 c..,qq
[g] Consent Agenda 0 New Business CD
-.,
f , ,"::::J
0 Public Hearing 0 Legal
0 0 Unfinished Business .-
Bids -~., :.';--1
'~""l
0 Announcement 0 Presentation 1".) -
-:;(';""J
0 City Manager's Report r) --Pl
:->
;:,
RECOMMENDA nON: Motion to approve and authorize the execution of a Resolution accepting the Urban
Group's negotiated contract to purchased property owned by Velmarie Lambert and Willie Brown, located at 216
NW 13th Avenue for $230,000.
EXPLANATION: The appraised market value of the property is $100,000. Although the contract purchase price
is in excess of the apprised value, comparable sales in the subject neighborhood are averaging about $240,000.
Currently the owners's mother, Ms. Bertha Walker, occupies the property. Ms. Walker is eighty-three years old
and has lived on this property for over 40 years. In the event that the City does not accept the counteroffer
negotiated by the Urban Group, it is likely this property will have to be purchased through litigation. Projected
litigation fees exceed $297,000
PROGRAM IMPACT: This is the fourth of five pieces of property the City has purchased that are essential to the
development of the Wilson Project.
FISCAL IMPACT: Funds for this task are available in account #302-4113-580-61-0].
ALTERNAT~VES: Attempt to renegotiate the settlement /
/~ ~
,v Department Head's Signature
Manager's Signature
~&a~
Recreation & Parks
Department Name
"~
City Attomey I Finance I Human Resources
S,IBULLETlNlFORMSIAGENDA ITEM REQUEST FORM.DOC
]
2 RESOLUTION NO. ROS-
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AUTHORIZING THE ACQUISITION OF
6 PROPERTY FOR THE WILSON CENTER PROJECT
7 FROM VELMARIE LAMBERT AND WILLIE BROWN
8 AND AUTHORIZES THE MAYOR TO EXECUTE ALL
9 NECESSARY DOCUMENTS; AND PROVIDING AN
10 EFFECTIVE DATE.
]]
]2 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be
] 3 n the best interests of the citizens and residents of the City to accept the Urban Group's
]4 egotiated contract to acquire property located at 216 N.W. 13th Avenue, Boynton Beach,
]5 wned by Velmarie Lambert and Willie Brown, for the amount of $230,000.00, as part of the
]6 evelopment ofthe Wilson Center Project.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
]8 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
]9
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
20 eing true and correct and are hereby made a specific part of this Resolution upon adoption
21 ereof.
22
Section. 2.
The City Commission of the City of Boynton Beach, Florida does hereby
23 uthorize the acquisition of property from Velmarie Lambert and Willie Brown, in the amount
24 f $230,000.00, for the development of the Wilson Center Project and authorizes the Mayor to
25 xecute all necessary documents.
26
27
Section 2.
This Resolution shall become effective immediately upon passage.
\CA\RESO\Rcal Eslalc\}>urchase from Lambert & Brown _ Wilson Center Projc<:t.Joc
I PASSED AND ADOPTED this _ day of March, 2005.
2
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 11ayor
8
9
10 Vice Mayor
II
12
13 Commissioner
14
15
16 Commissioner
17
18
19 Commissioner
20
21
22 ity Clerk
23
24 Corporate Seal)
25
26
27
28
29
:\CA\RESO\Real Esl31eWurchase from Lambert & Brown _ Wilson Center Project doc
NEGOTIATION SUMMARY &
RECOMMENDATION FOR SETTLEMENT
Seller:
Site Address:
Velmarie Lambert and Willie Brown
216 NW 13th Avenue
Boynton Beach, Florida 33435
6-1
Lots 499 and 500 of Cherry Hills, according to the Plat
thereof, as recorded in Plat Book 4, Page 58, of the Public
Records of Palm Beach County, Florida
08-43-45-21-14-000-4990
$ 41,264.00 (2004)
$ 85,000.00 (D. Craig Keneipp) DOV: May 7, 2004
$100,000.00 (S. Middleton) DOV: September 17, 2004
Parcel:
Legal Description:
Parcel Identification Number:
Property Assessment Value:
Appraised Fair Market Value &
Date of Value:
Seller's Position:
The Urban Group has negotiated a contract to purchase the above-referenced property for
$230,000.00. Velmarie Lambert and Willie Brown, owners of the subject property, were firm
in their asking price and based their counteroffer on sales of similar properties in the market.
The subject property has three bedrooms, one and half bathrooms, and a carport. Comparable
sales in the subject neighborhood are averaging about $240,000.00.
Currently, the subject property is occupied by their mother, Ms. Bertha Walker. Ms. Walker is
eighty-three (83) years old and has lived on this property for over 40 years.
Buyer's Position:
The City hired an independent State Certified General Real Estate Appraiser, D. Craig Keneipp
to determine the fair market value of the subject property. Based on a date of value of May 7,
2004, the fair market value of this property was $85,000.00. A second appraisal was
performed on September 17, 2004, and it was determined that the fair market value of this
property as of this date was $100,000.00.
This contract is contingent on the City approving the contract in the amount of $230,000.00,
and a closing within the month of March 2005.
The language found in the City's Standard Contract allows the Buyer to complete due diligence
including an environmental assessment. In the event of any adverse findings, the Buyer has
the right to withdraw from the contract without penalty. This clause gives the buyer the right
to cancel the contract by delivering written notice to the seller no later than 5:00 p.m. on the
second business day after the investigation period has lapsed.
Page 1 of 3
The Urban Group, Inc. . 1424 South Andrews Avenue. Suite 200. Fort Lauderdale, Florida 33316
TELEPHONE 954-522.6226 . FAX 9".522.6'"
Negotiation Summary & Recommendation for Settlement
Velmarie Lambert and Willie Brown - 216 NW 13th Avenue, Boynton Beach, Florida
February 22, 2005
Page 2
Potential Cost of Litigation
The City's costs and property owner's costs of proceeding through Order of Taking and trial
were obtained from Goren, Cherof, Doody & Ezrol, P.A. and historical information obtained
from the Department of Transportation's Legal Counsel in Fort Lauderdale, Florida. They
projected the City and owner's combined litigation costs to exceed $297.000.00. The
detailed breakdown of costs is in the enclosed Cost Estimate.
Comments! Recommendations:
Comparable properties sales located in the subject area indicate an average value of
$240,000.00. In the event the City does not accept the counteroffer, it is likely this property
will have to be purchased through litigation.
In closing, we recommend the City accept the property owner's counteroffer of $230,000.00.
By agreeing to the aforementioned terms, the City can avoid risk-exposure related to a jury
verdict above appraised value, and avoid additional owner's attorneYI appraisal, contractorl
expert witness fees, court costs, and Order of Taking (O.T.) preparation costs.
Re,spectfully Submitted:
)/7~
;2.- :J.:J..-OS:
Date
Maggie Pinares
Realty Specialist
The Urban Group, Inc1 Review
<:) ~-
Barry Lazarus
Project Manager
')..-0..<-05
Date
Page 2 of 3
The Urban Group
Negotiation Summary & Recommendation for Settlement
Velmarie Lambert and Willie Brown - 216 NW 13th Avenue, Boynton Beach, Florida
February 22, 2005
Page 3
City of Boynton Beach:
Wally Majors Date
Recreation and Parks Director
City of Boynton Beach Board Approval:
Date
Chair, City of Boynton Beach
Attachments:
Appraisal
Review Appraisal
(2) Original Contracts
Copies of Notices provided at Initiation of Negotiations
CC: Howard Steinholz, Barry Lazarus, File
Page 3 of 3
The Urban Group
CITY OF BOYNTON BEACH COST ESTIMATE - PARCEL SHEET # 6-1
Wilson Recreation Center
Whole Take
Date: 02/01/05
Parcel: 6-1 216 NW 13th Avenue Statn.: N/A Refer: N/A
Owner: Walker. Valmarie Folio: 08.463.45.21.14.000.4990
Business: N/A ** Fee Take **
Bus. Damage: 0 o Affected: Single Family Dwelling
Zoning: R-2 Residential Codes: I 1 I 1 I 6 I 2 I Residential
Parent Size: 5,450 sf 0.125 ac Prior Sale: $10 03/05 16680/1691 Whole Take
Development: Single Family A.V.: $0
Acquisition Analysis: Whole taking of a 910 sf single family ranch style residence built in 1963 and situated on .125 acres.
Fee Take: 910 sf x $109.89 Isf or ac x lac x 100.0% 100.000
Items in Take: N/A 0
Damage/Cure: N/A 0
Total: Land, Improvements, Severance Damages, Cure $100,000
City of Boynton Beach Expenses Total: $26,500
Appraisal.feHsJhrough Trial:_ 500 x 3.5 Update/NewBeeott Factor 1.750
------- ------- .-
Business Dmg, CPA Through Trial: 0 x 2.0 Update/New Repo'iFactor -- 0
-- - -------------
Court Reporters. Mediators. etc.: 1.0% x 100.000 Land, Improvements. SevDmg." Cure 1.000
=-_. .. .. ,.
EXpHrt Witness (Non:Appraisal): 10.0% x 100.000 Lan~,_!'!!P.!C!Y-f!!!,ents,_ Sev.Dmg., CUC~___ 10.000
------- ---- ----
f""\":!molition: Dry (Norma!): 3.500 + 0 Wet (Conlaminated) 3.500
-_.-.--
5cellaneous Contracts: 2.0% x 100,000 Land..!mprovements. SevDmg..c:.ure.... 2.000
----. ------
Appraisal Revie",: ---- 0
----------- -
iI..!torneys Fees: _______. "~ -. -.,- ------ 5.000
Asbestos: Survey/Spec/O&M: 250 + 2.500 Abatement 2.750
--- .---..------..- - - -
Title Search: --- 500
- ------- -------
Hazardous Waste: Swvey: 0 + 0 Clean-up UST's: 0 0
Support Costs Total: $0
Consultants (lump-Sum Total Entered on Project Summary) T/ITF: 0 n/a
land and Related Costs Total: $228,140
land. Imp.. Sev. Damage. Cure: 100,,000 + 80,000 Settlements _&A wards__i.!JL.__ 80.0%_ 180,000
~.----- ______n__ - --
_,?usiness Damage: _____n__ 0 + 0 __~~~~'!_l!_~s Dmfl.I'l_~reas~___2~Q!:o 0
-_......,,----
Owner Appraisal Fees: - -~--_.- ----- -- 500
...
Owner CPA Fees: 0
m__...._._.____ -
Defendant Attorney: 33.3% x 80,000 Stlmnt. & Awards + BusDmg. &I,,-c!e!,se, 26.640
.-.
Other Condemnation Costs: 20.0_o~"-_80,0()0__Stlmn~_&Awards + BusDmg. & Increase 16.000
-----------.- ---
ODA (Value Inc. in land Costs): 0 Units: 0 n/a
~---_.. ,_. ------..-----. -
Owner Engineering Fees: 5.0% x 100,000 Land, Improvements. Sev.Dmg., Cure 5.000
Relocation Costs Total: $43,080
Replacement Housing: Owner: 0 = 0
Tenant: 1 = 41.580 Subtotal Replacement Housin([ 41.580
cc-- ------ --------
Move Costs: Residential: 1 = 1,500
Business/Farm: 0 = 0
0 Prsnl. + o Signs: 0 = 0 Subtotal Move Costs: 1.500
- --..--- - ---
Comments:
---""001 V1.4 Total: $297,720
CONFIDENTIAL INFORMATION. NOT FOR PUBLIC DISCLOSURE
Parcel # 6-1
CiTY OF
BOYNTON BEACH
NOTICE TO OWNER
August 21, 2004
Ms. Velmaree Lambert
2480 N. Seacrest Blvd.
Boynton Beach, FL 33435-3053
and
Mr. Willie Brown
9139 Westlake Cir.
Jacksonville, FL 32208
RE: 216 NW 13th Avenue, Boynton Beach, Florida 33435
Dear Property Owners and Other Interested Parties:
The purpose of this letter is to inform you that the City of Boynton Beach, herein known
as the Agency, is interested in acquiring your property located at 216 NW 13th Avenue,
Bovnton Beach, Florida 33435 The Agency has identified the area in which your
property is located as a "project" area in which the following improvements may be carried out:
Wilson Recreation Center
Because Federal financial assistance is involved, you are protected by the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended.
For your information and review, I have enclosed a copy of a brochure entitled, "When a Public
Agency Acquires Your Property." The Agency wishes to disclose to you the following:
1. The acquisition would be considered an involuntary acquisition due to the fact
that the Agency has the power of eminent domain and can acquire your property
by condemnation.
2. In most cases, an appraisal and review appraisal are required to established
what is just compensatiolt-ifair market value) of a property.
3. You, or someone you designate to represent you, will be offered the opportunity
to accompany the appraiser during the inspections of your property.
.
If your property is tenant-occupied, each tenant should be encouraged to not move.
Each lawful tenant determined to be eligible as a displaced person will be assisted if the
property is acquired. A representative of our Agency will contact each tenant to determine their
eligibility for assistance under the URA.
The Agency wishes to caution you that any tenant who moves into the property
identified herein for possible acquisition after the initiation of negotiations, may not be entitled
to displaced person assistance from the Agency. In the event you wish to provide housing to a
NOTICE TO OWNER
August 21, 2004
Page 2 of 2
tenant after this date, and you personally wish to pay for such assistance, please contact the
Agency before you allow the tenant to occupy or lease the unit since URA assistance for a
displaced person can be quite expensive. If you wish to lease a vacant unit to a new tenant,
but not be responsible for displacement assistance, be certain to have the attached Move-in
Notice executed by the tenant prior to the tenant leasing and occupying your unit.
NOTE: If the Agency determines that a person occupies a property, or is allowed to
occupy a property, for the purpose of obtaining relocation assistance, the tenant will not
be entitled to assistance as a displaced person.
If you wish to discuss the Agency's interest in acquiring your property, the contents of
the brochure or this letter, or the acquisition process that is required, please contact Maggie
Pinares, Realty Specialist, at (954) 522-6226, ext. 114 or our toll free number (888) 522-6226,
ext. 114.
Any correspondence or documents you wish to submit to the Agency should be mailed to:
The Urban Group, Inc.
1424 South Andrews Avenue, Suite 200
Fort Lauderdale, Florida 33316
Attention: Maqqie Pinares
This letter, and all future correspondence you receive from the Agency, are important
and should be kept in a place of safekeeping.
Sincerely,
THE URBAN GROUP, INC.
Agents for the City of Boynton Beach
;n{!~
Maggie Pinares
Realty Specialist
'----
Enclosure
cm OF BOYNTON BEACH
CbTY OF
BOYN'lONBEACH
OFFER OF JUST COMPENSATION
August 21, 2004
Ms. Velmaree Lambert
2480 N. Sea crest Blvd.
Boynton Beach, FL 33435-3053
and
Mr. Willie Brown
9139 Westlake Cir.
Jacksonville, FL 32208
Dear Ms. Lambert and Mr. Brown:
The purpose of this letter is to make you an offer of just compensation for your property
located at 216 NW 13th Avenue, Bovnton Beach. Florida 33435. Mr. D. Craig Keneipp,
Certified General Appraiser, on behalf of the City of Boynton Beach, has established the amount
of just compensation for your property at $85.000.
This amount is based on the fair market value established by an appraisal and approved by a
review appraiser.
The City of Boynton Beach proposes to purchase your property for the established fair market
value stated above. Attached you will Find a Summary Statement of Basis for the Determination
of Just Compensation.
If you have any questions about this matter, please do not hesitate to call me at (954) 522-
6226, ext. 114 or our toll free number (888) 522-6226, ext. 114. I look forward to hearing
from you soon.
Sincerely,
~
THE URBAN GROUP, INC.
Agents for City of Boynton Beach
~0Jv~-=
Maggie Pinares
Realty Specialist
Accompanying Attachments
. Establishment of Just Compensation
. Summary Statement of Offer of Just Compensation
. Real Estate City Disclosure
BB-WRC
08/04
CITY or:
BOYNTON BEACH
ESTABLISHMENT OF JUST COMPENSATION
PROPERTY LOCA TED A T
216 NW 13th Avenue
Boynton Beach, Florida
An appraisal prepared and submitted by D. Craia Keneipp, indicates the fair market value for
the property identified above to be $85,000. A review of this appraisal has been made by
Mendel R. WestberrY, MAl. the review appraiser, who has approved the fair market value
established by the appraisal.
Based on a review of the appraisal documents, and the review appraiser's approval of the
appraisal documents and the estimate of fair market value established by the appraisal, I,
Mendel R. Westberry, MAl, on behalf of the City of Boynton Beach, hereby established the just
compensation for the property identified above to be $85,000.
The City believes this amount to be the fair market value for the identified interest, and for the
improvements (if any) identified. This just compensation amount does not include any
consideration of decrease or increase in value attributable to the project for which it is being
acquired. Relocation payments, if applicable, are not a part of this establishment of just
compensation.
~}/)~~
g /~I /0 <I
l..-.
Delivered By
Date
~(cUtL~M/!l.~-'
Receipt Acknowledg d By
rJ:J. ~7r
I
Date
BB-WRC
8/04
CI1Y OF
BOYN:TON BEACH
SUMMARY STATEMENT OF OFFER OF JUST COMPENSATION
Ms. Velmaree Lambert and
2480 N. 5eacrest Blvd.
Boynton Beach, FL 33435
Mr. WiIIlie Brown
9139 Westlake Cir.
Jacksonville, FL 32208
PROJECT NAME: Wilson Recreation Center
PARCEL NO.: 6.1
Dear Ms. Lambert and Mr. Brown:
As you are probably aware, the City of Boynton Beach is in the process of acquiring private property for the above referenced project.
A determination has been made that either a part or all of your property will be needed. A search of the Public Records of Palm Beach
County has been made and it was determined that property, as described in the legal description attached in "Exhibit AU is owned by
you.
The interest being acquired in your property is a Fee Simple
In addition, the following list will identify the buildings, structures, fixtures, and other which are considered to be part of the real
property acquired, if any: Single Family Residence
The City does not normally acquire personal property such as furniture and furnishings, clothing, and other similar items of personal
effects or small unattached appliances In conjunction with redevelopment projects. However, if circumstances are such that this
becomes necessary, the following list will identify those items of personal property being acquired. Nj A
You are further advised that the City's offer of just compensation for the property required for the Wilson Recreation Center project is
based on the Fair Market Value of the property and that the City's offer to you is not less than the approved appraised value of to
property.
The following represents a summary of the City of Boynton Beach's offer to you and the basis therefore:
Land & Improvements
Real Estate Damages
Total
$
$
$
85.000
N/A
85.000
This statement of offer is not a contract if you agree to accept this offer, you will be required to sign a contract to sell. Any additional
information you may require can be obtained through the i;Ity's Representative that contacted you. If the representative is not readily
available, please contact: The Urban Grouo Inc.. 1424 5olltt> Andrews Avenue. Suite 200. Fort Lauderdale. Florida 33316 (888) 522-
6226. ext. 114 or 110.
Sincerely,
THE URBAN GROUP, INC.
Agents for 9~ of Boynton Beach
h/i!Jt~
~?~--=
Maggie Pinares
dJ-i/OY
Date
r/V;by
/
Deliv'lfed By ~ '
-rj4tttL/;JL I /1'.;jJ{ J {i-:L
R ceipt Acknowledge y :
Date
BB-WRC
8/04
NO BROKERAGE RELATIONSHIP DISCLOSURE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS
NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.
You should not assume that any real estate broker or salesperson represents you unless
you agree to engage a real estate licensee in an authorized brokerage relationship, either
as a single agent or as a transaction broker. You are advised not to disclose any
information you want to be held in confidence until you decide on representation.
NO BROKERAGE RELATIONSHIP NOTICE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO
BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE
THEIR DUTIES TO SELLERS AND BUYERS.
As a real estate licensee who has no brokerage relationship with you, THE URBAN
GROUP. INC. and its associates owe to you the following duties:
1. Dealing honestly and fairly;
2. Disclosing all known facts that materially affect the value of residential real property
which are not readily observable to the buyer.
3. Accounting for all funds entrusted to the licensee.
~
~h/k
Date I I
. 4 ~
,~ / r,(._c' /j 1
P/1t~~' 4111J~~"
Signature }
/
Signature
The Urban Group, Inc. . 1424 South Andrews Avenue. Suite 200. Fort Lauderdale. Florida 33316
TELEPHONE 954-522.6226 . FAX 954_522_6422 . www.theurbangroup.com
AGRFFMFNT FOR PTJRrHASF ANO SAI F OF RFAT PROPFRTY
THIS AGREEMENT is made and entered into between CITY OF BOYNTON BEACH,
(hereinafter referred to as "PURCHASER"), and Ms. Velmaree Lambert and WillIie Brown,
(hereinafter referred to as "SELLER"),
WITNFSSFTH
In consideration of the mutual agreements and upon and subject to the terms and
conditions herein contained, the parties hereto agree as follows:
1. OFFlNTTlONS. The following terms when used in this Agreement for Purchase
and Sale shall have the following meanings:
1.1 I "nrl/Prnp"rty. That certain parcel of Land located in Boynton Beach,
Florida, together with any improvements thereon if applicable. The Land is more particularly
described on Exhibit "A" which is attached hereto and made a part hereof. The Land is also
sometimes referred to herein as the "Property."
1.2 rlo.ing. The delivery of a Warranty Deed to PURCHASER concurrently
with the delivery of the purchase price and other cash consideration to SELLER.
1.3
1.4
PURCHASER.
1.5
rlo<ing OM", The date upon which the closing occurs.
Deed. A Warranty Deed, which shall convey the Land from SELLER to
F"rn".t Mon"y. The sum of One Hundred and nollOO ($100.00) Dollars
has been delivered from PURCHASER to Escrow Agent pursuant to Section 2.1 set forth
herein. PURCHASER shall make an additional deposit in the amount of One Thousand One
Hundred Dollars ($1,100.00) upon the expiration of the 60 day Inspection Period.
1.6 SFT T FR'S Arlrlr,,<<. 216 NW 13th Avenue, Boynton Beach, FL 33435
Page I
1.7 PTTRr'HASFR'S Annr"". City of Boynton Beach: 100 East Boynton Beach
Boulevard, P.O. BOX 310, Boynton Beach, Florida 33425-0310, with copy to Donald J.
Doody, Esquire, GOREN, CHEROF, DOODY AND EZROL, P.A., 3099 East Commercial
Boulevard, Suite 200, Fort Lauderdale, Florida 33308.
1.9 Oth"r T)"finitinn,. The terms defined in any part of this Agreement shall
have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement,
the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of
each gender shall be deemed to comprehend either or both of the other genders. As used in this
Agreement, the terms "herein", "hereof" and the like refer to this Agreement in its entirety and
not to any specific section or subsection.
2. PITRr'HASF ANT) SAT F.
Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to
PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Land,
previously identified on Exhibit "A", for the total purchase price of EIGHTY FIVE
~'9.o, 000. 00
THOUSAND DOLLARS and NO/lOO~and upon and subject to the terms and
conditions hereinafter set forth. CJJ2-
2.1 F"rn",t Mnn"y.
PURCHASER has deposited and placed in an escrow account maintained by
GOREN, CHEROF, DOODY AND EZROL, P.A. monies in the amount of ONE HUNDRED
AND NO/lOO ($100.00) DOLLARS. The Escrow Agent is located at: GOREN, CHEROF,
DOODY AND EZROL, P.A., 3099 East Commercial Blvd., Suite 200, Fort Lauderdale,
Florida, 33308. This contract is contingent upon the Boynton Beach City Commission approving
this agreement and the other contingencies set forth in Section authorizing the appropriate city
officials to consummate the transaction. This contingency, together with any other contingencies
Page 2
82/13/2885 19:~3 98~75~5513
62/13:2885 15:56 3~532114~J
BROWN
'.It''P,-' "".t..;>,......., ,,",'..
PAGE 82
I ~
.'
fll.Rt:HA.5EB'C; Adt!r...~. Cil)' of Boynton Beach: 100 Easl Boynton Beach
BOIIlevard, P.O. BOX 310, Boymon !leach, Florida 33425.(}310. with copy to Dollllld J.
Doody, EAquiT~. GOREN, CHEROF, DOODY AND EZROll, PA., 3099 fa" Commnclal
Boulevard, Suite 200. Fort JAludc:rdaJ., Floritta 33308.
1.9 nth"T f)t,finillOllS. The terms defined in JlIl}' par! of this Agreement studl
have the defined mell.l1;J11 wherever ClIpital;:zed herein. Wl1erev6r IIpproprillte in Ihi, Agreement.
Ihe singular 5b111l be deemed 10 refer to the plural and Ihe plural:\O the singular, aDd prollOWIS oi
eactl gender shall be deemed 10 C'.omprehend either or both of the other geDden. As used in tbis
Agreement. the terms "berein', "hereof" and lbe like refe.I' to this Agrecmeutiu iu eoJirety and
rIOt to any specific section or subs~tioD.
2. p.liRCHASl:..A!IlD-SALE
subJec.! 10 the provisions of tbis Agreement, the SELLER hereby agrees \0 sell to
PURCHASER. and PURCHASER hereby agrees 10 purchaise nom SELLER, the Land.
previougJy identified 011 ExIlDIlt "A". for tbe lotal purctiue price of EIGHTY FlVE
:UO, 000. cJO
THOUSAND DOLLA~ lU10 NO!IOOJ~;<<lO~ ~ subject to the telTll/; and
COfl(Iitions bereiDIIl\er set forth. ~ ~
2.1 ~:.Io",~C:' Mnn,.y.
PUIKHASER bu t1eposiu:d and placed in an ,escrow aCCOWll main"";"",, by
GOREN, CHEROT'. DOODY AND EZROl, P.A. manics in the amount of ONE HUNDRED
AND NO/lOO ($100.00) DOLLARS The Escrow Age11l jg lOt:aled at: GOREN. CHEROF,
DOODY ....1'1) EZROL. P.A., 3099 fagl Collllnetcial Blvd.. Suile 200. Fon Laudmtale,
Florida. 33308. This con!"",,1 IS conlina~t up<>n the Boynton D~h City Coltlll\l.sslon IIpproving
lhls agreern"n.. and the other contingencies set 10Mb in $ecliOllllluthorWng the appropriale city
officials 10 consummate the 1f1U198C1;(ln This rontingeolCY l"aelber WI..... 'ftU _L_ . .
. I!o. UI ....'V' IJUlC'r O()ntlng~c;les
PlIge 2
set forth in this Agreement, shall be fulfilled or waived by Purchaser within the Inspection
Period, as defined in Section 3 hereof.
2.2 R"l"nrp of Pnrrh",p Prirp. PURCHASER shall pay the balance of the
Purchase Price to SELLER at closing by cash or by certified check, or by wire transfer to
SELLER'S bank account of current federal funds.
2.3 The Purchase includes all rights, title and interest, if any, of SELLER in
any Land lying in the bed of any public or private street or highway, opened or proposed, in
~
front any of the adjoining Property to the center line thereof. The sale also includes any right of
SELLER to any unpaid award to which SELLER may be entitled:
(1) due to taking by
condemnation of any right, title or interest of SELLER and (2) for any damage to the Land due
to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing,
or thereafter on demand, proper instruments for the conveyance of title and the assignment and
collection of award and damages;
3.
TNSPFr'TTONS.
Buyer shall have until 5:00 P.M. on the date which is
thirty-(30) calendar days (the "Inspection Period") after the execution of this agreement in which
to conduct such investigations and inspections as to, among other things, the Property, the
physical condition thereof, the environmental condition thereof, the market value thereof, the
status, standing and transferability of any licenses applicable to the Property or any part thereof
or any business operations conducted thereon, the feasibility of the purchase of the Property for
Buyer's purposes, matters of zoning and all other matters with respect to the Property which are
in Buyer's judgment relevant to Buyer's determination whether to purchase the Property or to
terminate this Agreement and, without limitation to the foregoing, within which to obtain all
necessary authorizations. Seller shall cooperate in good faith with Buyer in Buyer's efforts to
investigate the Property during the Inspection Period. To the extent permitted by law, Buyer shall
Page 3
indemnify Seller from and against any loss, damage, cost or expense incurred by Seller as a
result of Buyer's inspection of the Property, and Buyer shall, following any such inspections,
promptly restore the Property to the condition existing immediately prior to such inspections. If
for any reason whatsoever, in Buyer's sole discretion, Buyer determines during the Inspection
Period that it does not wish to purchase the Property and to close the transaction contemplated
hereby, Buyer shall have the absolute right to terminate this Agreement by giving written notice
of such termination to Seller in the manner hereinafter provided for the giving of notices, prior to
the expiration of the Inspection Period. Upon receipt of such notice the Deposit shall be returned
to Buyer and thereafter this Agreement shall be deemed terminated and of no further force and
effect and both parties shall be released and relieved of any liability or obligations hereunder. If
Buyer does not provide notice of termination prior to the expiration of the Inspection Period, then
it shall be presumed conclusively that Buyer is satisfied with its investigation, and thereafter
Buyer shall have no further right to terminate this Agreement in accordance with the provisions
hereof, and, shall be obligated to close the transaction contemplated herein on the Closing Date.
4.
r'ONOTTTON OF THF
RFPRFSFNT A TTONS.
PROPFRTY.
.
OTSr'T A TMFR
OF
4.1 Buyer hereby expressly acknowledges and agrees that except as and to the
extent expressly provided to the contrary in this Agreement: (a) Seller makes and has made no
warranty or representation whatsoever as to the condition or suitability of any portion of the
Property for Buyer's purposes, (b) Seller makes and has made no warranty, express or implied,
with regard to the accuracy of any information furnished to Buyer, and Seller shall not be bound
by any statement of any broker, employee, agent or other representative of Seller, (c) Buyer will
have made by the end of the Inspection Period a complete and thorough examination and
inspection of all portions of the Land, on the basis of its inspection, Buyer is thorougWy familiar
Page 4
with all portions of the Property (including without limitation, whether or not hazardous or toxic
materials are or have heretofore been located on or under or generated from any portion of the
Property), zoning, land use restrictions, utility availability and hook up costs (including, without
limitation, whether or not septic tanks are permitted or prohibited) and all other matters relevant
to Buyer, (d) Buyer will have determined by the end of the Inspection Period that the condition of
all portions of the Property is satisfactory to Buyer, (e) notwithstanding the nature or extent of
the inspections Buyer has made, Buyer shall purchase and accept every portion of the Property in
its condition without requiring any action, expense or other thing or matter or matter on the part
of the Seller to be paid or performed and, upon acceptance of the Deed at Closing. (f) Buyer will
have obtained by the end of the Inspection Period all necessary approvals for its purchase of the
Property, including, without limitation, if the Buyer is a municipality or agency of any
government, all necessary authorizations from any council, commission, governing board, and
the like, together with all necessary appraisals to fulfill the requirements of law relating to the
value of the Property for purchase, all the foregoing of which shall be deemed to have been
acceptable to Seller and fully approved as required by law, and (g) Seller makes and has made no
warranty, express or implied, concerning any portion of the Property, its condition, the use to
which it may be put, any environmental matters, or any. other thing or matter directly or
indirectly related thereto or hereto. In accordance with Section 161.57(2) Florida Statues, Buyer
hereby waives being furnished any information by Seller related to whether or not any portion of
the Property lies seaward of any coastal construction control line (as defined in Section 161.053,
Florida Statutes) and any such information shall be compiled by Buyer, if Buyer desires, at
Buyer's sole cost and expense (the foregoing is not a condition to Closing, and regardless of the
information learned, Buyer shall not be entitled to terminate this Agreement). The provisions of
this section shall survive Closing and delivery of the deed of conveyance.
Page 5
5. FVTnFNr'F OF TITI F.
5.1 Title to the Land. SELLER shall convey to PURCHASER at closing, by
delivery of a Warranty Deed, regarding the subject Land, subject to all easements and restrictions
of record. Within ten (10) days of the execution of this Agreement, Purchaser shall secure a title
insurance conunitment insuring PURCHASER'S title to the Land subject only to those exceptions
set forth in the commitment and acceptable to PURCHASER. All costs and expenses relative to
the issuance of a title commitment and an owner's title policy shall be borne by the
PURCHASER.
PURCHASER shall have ten (10) days from the date of receiving said commitment to
examine said commitment. If PURCHASER objects to any exception to title as shown in said
commitment, PURCHASER shall within ten (10) days of receipt of said conunitment, notify
SELLER in writing specifying the specific exception(s) to which it objects. Any objection(s) of
which PURCHASER has so notified SELLER, and which SELLER chooses to cure, shall be
cured by SELLER so as to enable the removal of said objection(s) from the title conunitment
within ten (10) days after PURCHASER has provided notice to SELLER. Within two (2) days
after the expiration of SELLER'S time to cure any objection, SELLER shall send to
PURCHASER a notice in writing (a "cure notice") stating either (1) that the objection has been
cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to
cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure
all objections within the time period set forth in the preceding sentence, then PURCHASER may
(a) terminate this Agreement by written notice to the SELLER within five (5) days after receipt
of a cure notice specifying an uncured objection, in which event all instruments and monies held
by the Escrow Agent shall be immediately returned to PURCHASER; or (b) subject to the
provisions set forth below, proceed to close the transaction contemplated herein despite the
Page 6
uncured objection.
5.2. SnTvPY "nn T "'8"1 T)p.rrirtion During the Inspection Period, PURCHASER shall
order: (i) a true, complete and reproducible tracing of a current survey map (current is defined
to be certified within fifteen (15) days of the date of the Agreement), prepared by a registered
Land surveyor or engineer licensed in the State of Florida showing the boundaries of the Land,
and the location of any easements thereon and certifying the number of acres (to the nearest one
thousandth acre) of Land contained in the Land, improvements and encroachments; and (ii) a
correct metes and bounds legal description of the Land which, upon approval thereof by
PURCHASER and SELLER (not to be umeasonably withheld), shall be the legal description
used in the deed of conveyance. The survey and legal description shall be prepared and certified
by a surveyor licensed and registered in the State of Florida and shall comply with the
requirements of the survey map established in connection with the issuance of an owner's title
insurance policy on the Land. The survey shall be certified to PURCHASER and the title
insurance company issuing the title insurance.
In the event the survey shows any material encroachments, strips, gores, or any portion
of the Land non-contiguous to any other portion of the Land or any other matter materially
affecting the intended use or marketability of title to the Land (any such matter is herein called a
"survey objection" and treated as a title defect), PURCHASER shall have a period of ten (10)
days after receipt of the survey by PURCHASER within which to approve or disapprove any
survey objection and to give notice to SELLER of any disapproval thereof indicating in
reasonable detail the nature and reasons for PURCHASER'S objection. PURCHASER agrees
that it will not arbitrarily or umeasonably withhold its approval of any such survey objection and
that PURCHASER will approve any such survey objection which does not affect the
marketability of title or materially interfere with PURCHASER'S use of the Land as a self
Page 7
storage facility. In the event PURCHASER provides a notice of disapproval of a survey
objection to SELLER, the rights and obligations of the parties respecting such survey ohjections
shall be governed by Section 5.1 hereof such that the parties shall have the same rights and
objections as though such survey objection objected to was a new exception to title which was
discovered and objected to within the contemplation of Section 5.1.
6.0 RTSK OF TOSS.
6.1 Risk of loss or damage from fire, other casualty, or both, is assumed by
SELLER until the deed described in Paragraph 5.1 hereof is delivered by SELLER to
PURCHASER.
(a) In the event the Land, or any portion thereof, is condenmed by any
governmental authority under its power of eminent domain or becomes the subject of a notice of
condenmation, PURCHASER may elect to terminate this Agreement, in which event the entire
deposit and interest shall be returned to PURCHASER and neither party shall have any further
claim against the other, or PURCHASER may elect to complete settlement hereunder, in which
event SELLER shall assign to PURCHASER all of SELLER'S right, title and interest in and to
any condenmation awards, whether pending or already paid.
7. TR A NSFFR OF TITI F ST IHTFr'T TO The Land shall be conveyed subject only
to those exceptions as set forth in paragraphs 2.3,5.1 and 5.2 and to:
(a) Water lines, sanitary sewer, drainage, gas distribution, electrical
and telephone easements of record provided that they are used to service the Land.
(b) Unpaid assessments payable after the date of the transfer oftitle.
8. AT)TTTSTMFNTS AT r'T OSTNn.
In the event that, following the Closing, the amount of assessed real property tax
on the Property for the current year is higher than any estimate of such tax used for purposes of
Page 8
the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate.
This provision shall survive the Closing.
9. r'T OSTNG T)ATF ANT) PT Ar'F. The closing will take place at an office and
time mutually agreed upon no later than (15) days subsequent to the expiration of the inspection
period, time being of the essence.
10. T)FFA TTT T. If the PURCHASER shall fail or refuse to consummate the
transaction in accordance with the terms and provisions of this agreement, the deposit and interest
shall be forfeited to SELLER as agreed upon liquidated damages. In the event of such default by
PURCHASER, SELLER'S sole and entire remedy shall be restricted to retention of the deposit
plus all accrued interest, if any, and PURCHASER shall have no other responsibility or liability
of any kind to SELLER by virtue of such default. In addition to the other remedies which
PURCHASER may have specifically set forth in this Agreement in the event of SELLER'S
default, PURCHASER shall be entitled to equitable relief to enforce the terms and conditions of
this Agreement either through a decree for specific performance or injunctive relief.
11. r'OSTS. PURCHASER shall be responsible relative to the costs and expenses
related to the documentary stamps affixed to the Warranty Deed, the costs related to the survey,
the appraisal, and the costs and expenses incurred relating to the recording of the Warranty Deed.
Obtaining an bwner's Title Policy shall be the responsibility of the PURCHASER.
12. SFT T FR' S W A RR A NTTFS. SELLER hereby acknowledges and warrants to the
best of its knowledge that all of the following statements are true and correct as of the date of
Closing and shall survive the closing.
(a) There are no leases, letting or tenancies affecting any part of any of
the Land except tenant leases and there are no written or oral promises, understandings,
agreements or commitments between SELLER (or any predecessor of SELLER) and any tenant
Page 9
or other person affecting the Land.
(b) DELETED.
(c) SELLER is not in default in any of SELLER'S obligations to any
supplier of any materials or services obtained or to be used in connection with the property.
All of the representations, warranties and covenants of SELLER contained
in this Agreement or in any other document, delivered to PURCHASER in connection with the
transaction contemplated herein shall be true and correct in all material respects and not in default
at the time of closing, just as though they were made at such time.
13. PTJRr'HASFR'S WARRANTlFS. PURCHASER hereby acknowledges and
warrants to the best of its knowledge that all of the following are true and correct and all shall
survive the closing:
(a) PURCHASER has full power and authority to enter into this Agreement
and to assume and perform all of its obligations hereunder.
(b) The execution and delivery of this Agreement and the performance by
PURCHASER of the obligations hereunder have been duly authorized by the PURCHASER as
may be required, and no further action or approval is required in order to constitute this
Agreement as a binding obligation of the PURCHASER.
14. FNFORr'FARTT TTY. If any provision in this Agreement shall be held to be
excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the
extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding
the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall
not affect any other provision of this agreement.
15. r'ONTlNr.FNrTFS, PURCHASER'S obligations under this Agreement is
contingent upon:
Page 10
(a) The PURCHASER obtaining authorization from the City Commission of
BOYNTON BEACH authorizing the City officials to consummate this transaction.
(b) The PURCHASER obtaining one (I) appraisal from appraiser pursuant to
Section 253.025 (6)(b) of the Florida Statutes (200 I). The appraisal shall show the Land to have
an appraised value equal to or exceeding the Purchase Price as set forth in Section 2. In the event
the appraisal value does not equal the Purchase Price, the City Commission may elect to
terminate this Agreement.
(c) The PURCHASER obtaining a satisfactory Environmental Phase I Audit.
In the event, the Environmental Audit is not satisfactory, the City Commission may elect to
terminate this Agreement.
(d) If upon the expiration of the inspection period the City determines that the
Land is unsuitable for any intended use, they may elect to terminate this agreement and receive
an intmediate return of the deposit.
Notwithstanding anything to the contrary contained in this Section 15 or elsewhere in this
Agreement, the foregoing contingencies shall be fulfilled or waived by Purchaser in their entirety
within the Inspection Period. In the event that the purchaser has not furnished Seller with written
notice of termination of this Agreement during the Inspection Period in the manner herein for
providing notices, it shall be conclusively presumed that any and all contingencies to the
Purchaser's obligation to purchase the Land in accordance with the terms and conditions of this
Agreement have occurred, been performed and/or waived, and the Purchaser shall be obligated
to purchase the Land on the closing date.
16. NO T TARTT TTY. Unless this Agreement is executed by both parties within the
specified time period, neither party shall be obligated to perform the covenants herein contained.
Page 11
17. FFFFr'TTVF DATF. Unless both SELLER and PURCHASER execute this
Agreement by March 15, 2005, this Agreement shall be null, void and ineffective. This
Agreement shall be deemed effective as of the last date that the document is executed by either
PURCHASER or SELLER.
18. GOVFRNTNG TAW. This Agreement shall be governed by the laws of the State
of Florida.
19. FNTTRF AGRFFMFNT. All prior understandings and agreements between
SELLER and PURCHASER are merged in this Agreement. This Agreement completely
expresses their full agreement.
20. NO ORA T r'H A NGF, This Agreement may not be changed or amended orally.
21. STJr'r'FSSORS. This Agreement shall apply to and bind the distributees,
executors, administrators, successors and assigns of SELLER and PURCHASER.
22. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county health unit.
23.
r'OTTNTFRPARTS'
This Agreement may be executed in two or more
counterparts, each of which shall be and shall be taken to be an original and all collectively
deemed one instrument.
24. The parties hereto agree that a facsimile copy hereof and any signatures hereto
shall be considered for all purposes as originals.
25. RROKFR:
a) Seller represents that it has not listed the property for sale or othelWise
Page 12
-"-"~",,-,~,,'''"''''=''~"'''"'-''f'c~,...,,
entered into any agreement for the payment of a real estate brokerage commission regarding the
sale of the property with any broker or any other person entitled to be paid a brokerage commission
in accordance with Florida law.
b) Seller hereby indemnifies and holds Purchaser harmless from and against
all liability, cost or expense, including reasonable attorney's fees whether trial be brought or not,
in the event the representations of Seller are false or incorrect or in the event of any claim that is
made against Purchaser, by any person who claims to be entitled to a real estate brokerage
commission as a result of having entered into an express agreement with the Seller for the
payment of a commission
Page 13
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
indicated below.
WITNESS:
(Print Namet)
(Print Namet)
VELMAREE LAMBERT
(Signature)
(Print Namet)
Date:
WITNESS:
#A1f.lAf1t / {~tU:rr7
(Print Namet) ,
J/lfLm 14{2 bb [/fro .BtfJ-i
(Print Namet)
H:\200l\OI0078\Agreement for Purchase and Sale (Draft 3).doc
PURCHASER:
CITY OF BOYNTON BEACH, a Florida
Municipal corporation
BY:
Mayor
DATE:
SELLER:
WILLIE BROWN
(Signature)
(Print Name)
Date:
ESCROW AGENT
GOREN, CHEROF, DOODY
AND EZROL, P.A.
By:
DATE:
Page 14
""',-H~."-""''''''''''''-''-_'"''''''l'''''''-''''''"''',~_~",, -
82/13/2885 19:~3 9847&~5513
02/1312005 ;5:59 30582174a7
BROWN
~r'IL'v ....,."",............
PAGE 81
IN WITNESS WHEREOF. the parties have executed this AgrcemcnJ. as of tbe dates
indic.a.ted below
WITNESS:
(!>tint NametJ
~-
(Print-Nunet) ---
VELMAREE LAMBERT
.fJiIYld1.t "1it AI j~ Ln-;-
(Sigoanne)
Date:
WITNESS:
(Print NMleT)
(Print N&m~t)
"'\JOOl\Ol0(l"J8'~eQt lOr P'II.rd....t Ihd s.Je (Dr"': 3),:I(~
PURCHASER:
CITY OF BOYNTON BEACH. a Florida
Municipal corporation
BY:
-Mayoi
DATE:
SELLER:
WILLIE BROWN
~.//~IL~
~alUl~)
7A1 /1L5..__~t.V .1,-1
(Print Nllme) I
Date __ :::J /,;.s / t5'? .s:-
-77-:' "
FSCROW AGENT
GOREN.CHEROF.DOODY
AND EZROL. P.A
By:
DATE:
Page 14
Property Address:
Legal Description:
Property rD:
EXHIBIT "A"
216 NW 13th Avenue, Boynton Beach, FL
Lots 499 and 500 of Cherry Hills according to
the plat thereof as recorded in plat book 4,
page 58 of the public records of Palm Beach
County, Florida
08434521140004990
Page 15
"'- >_"."--..;....-,..."'""""...~.......,."._"~..,.'"._. ~,",~",. w'".. ',-
\~
VI.-CONSENT AGENDA
ITEM C.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
MeetmQ" Dates in to City Clerk's Office MeetinQ Dates
0 December 7, 2004 November IS, 2004 (Noon.) 0 February 1,2005
0 December 21, 2004 Dccember 6, 2004 (Noon) 0 February 15,2005
0 January 4, 2005 December 20. 2004 (Noon) 0 March I, 2005
0 January 18, 2005 January 3, 2005 (Noon) ~ March 15,2005
Date Final Form Must be Turned
in to City Clerk's Office
January 17, 2005 (Noon)
January 31, 2005 (Noon)
February 14,2005 (Noon)
-,...
P'
0 0 Development Plans OJ
Administrative N
NATURE OF ~ Consent Agenda 0 New Business W
AGENDA ITEM 0 Public Hearing 0 Legal :;t~..
.-',."
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation ,~
C;::J
0 City Manager's Report
,~')
February 28, 2005 (N~ ~2-j
(.;'1 __'1-
-'::C"::>
.)-q
.."C.O
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n
.."OJ
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n~
:"\1(-,
::r::
RECOMMENDATION:
Motion to approve and authorize signing of an Agreement for Water Service Outside tbe City
Limits with Mohammed A. Khan, Mohammed Liton Khan, and Lincon Kahn, for the proposed
project known as Lawrence Market to be located on the northeast quadrant of Tucks Road and
Lawrence Road.
EXPLANATION;
The parcels covered by these agreements consist of 0.894 acres of land proposed for an office/retail
usage and an accessory caretaker apartment. The anticipated demand for 5 equivalent residential
connections will be approximately 1,600 gallons per day of potable water and wastewater based
upon the City's adopted level of service. A portion of this demand will be offset by the demand
from the existing convenience store that is already connected to the City's water and sewer
systems.
PROGRAM IMPACT:
Water and Sewer mains exist within the Tucks Road right-of-way. Tbe developer ofthe property
will be required to provide additional connections to the proposed building.
FISCAL IMPACT:
None. The developers will be required to construct all improvements needed to serve the project at
tbeir expense.
AL TERNA TIVES:
None. This parcel is within the Utilities service area.
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
_~~(~~M-kYftvV
. Manager's Signature
Utilities
Department Name
"---
"
City Attorney / Finance I Human Resources
XC: Peter Mazzella
Michael Rumpf, Planning & Zoning
City Attorney
File
So\BULLETtN\FORMSIAGENDA ITEM REQUEST FORM.DOC
I RESOLUTION NO. ROS-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND MOHAMMED A.
9 KHAN, MOHAMMED L1TON KHAN, L1NCON KHAN;
10 PROVIDING AN EFFECTIVE DATE.
II
12
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 ater and sewer service area, located on the northeast quadrant of Tucks Road and Lawrence
15 oad; and
16 \VHEREAS, the parcels covered by this agreement consists of 0.894 acres of land
17 roposed for an office/retail usage and an accessory caretaker apartment. A portion of this
18 emand will be offset by the demand from the existing convenience store that is already
19 onnected to the City's water and sewer system; and
20 WHEREAS, water and sewer mains exist within the Tucks Road right-of-way. The
21 eveloper of the property will be required to provide additional connections to the proposed
22 uilding; and
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 eing true and correct and are hereby made a specific part of this Resolution upon adoption
27 ereof.
28
Section 2.
The City Commission hereby authorizes and directs the City Manager
29 0 execute a Water Service Agreement between the City of Boynton Beach, Florida and
30 ohammed A. Khan, Mohammed Liton Khan and Lincon Khan, which Agreement is
:\CA\RESO\Agreements\Water Service\Khanl Water Service Agreement.doc
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
II
I,
,
II
llattached hcreto as Exhibit "A".
I
I Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of March, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ttest:
ity Clerk
':\CA\RESO\Agreements\Water Scrvice\Khanl Water Service Agreement.doc
"""---.'''''''''''''-'''''-''/<-'- ,-.-,
THIS INSTRUMENT PREPARED BY
James A Cheraf, Esquire
Josias & Goren, P_A
3099 East Commercial Blvd
Suite 200
FI. lauderdale, Fl 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION...
TillS AGREEMENT mad~ on this 9 day of February., 20~, by
and between Mohammed Lito~n~'\incon Khan and Mohammed Khanherelnafter called
the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the
State of Florida, hereinafter called the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of
the City of Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida
provide water service to the property owned by Customer; and
WHEREAS, the City of 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: (ExRibit A)
2. The Customer and the City hereby agree that there are S- Equivalent
Residential Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material,
labor, installation and inspe~ction 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 written consent is granted by the City of Boynton Beach
for other parties to connect. All connections shall be made in accordance with the
Codes and regulations of Boynton Beach.
5. Title to all mains, extensions and other facilities extended from the City
Water Di:>tribution System to and including the metered service to Customer shall be
vested in the City exclusively unless otherwise conveyed or abandoned to the property
owner.
6. The Customer agrees to pay all charges, deposits and rates for service and
equipment in connection with water service outside the City limits applicable under City
Ordinances and rate schedules which are applicable which may be changed from time
to time.
7. Any rights-of-way or easements necessary to accommodate the
connections shall be provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City
an Irrevocable Special Power of Attorney granting to the City the power and authority to
execute and advance on behalf of the Customer a voluntary petition for annexation.
Customer covenants that it shall cooperate with the City and not raise opposition or
challenge to such annexation if and when annexation is initiated. The property shall be
subject to annexation at the option of the City at any time the property is eligible under
any available means or method for annexation. Customer will inform any and all
assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall
not constitute a defense or bar to the City's rights as set forth herein. The Customer
acknowledges that the consideration of initially connecting to the City's water supply is
sufficient to support the grant of the power of attorney any subsequent 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 transfere_e, grantees, heirs or assigns of Ctlstomer shall be binding
on the Customer and all successors and assigns.
._""~",--",-~,="....",'"'.,.,, '~"'<".'~-"',,,,,,~,,,
",~.".,,,,, ...",~,..~c....,.,...,.'~ "~'M_'" "
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, fire, 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 cl1jims, damages, law suits and expenses including reasonable attorneys fees
(whether or not incurred on appeal or in connection with post jUdgment collection) and
costs rising out of or resulting from the Customer's obligation under or performance
pursuant to this Agreement.
12. No additional agreements or representations shall be binding on any of
the parties hereto unless incorporated in this Agreement. No modifications or change
in this Agreement shall be valid upon the parties unless in writing executed by the
parties to be bound thereby.
0..,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of f'e.bc'-><>.f' -. , 20~
~:!4 ~~
SM ~I~L t!-,f-&IIE
Printed Witness Name
IND~(S) AS OWNER(S):
. , --.t.-
Owner Signature
!Jv,.n1o rp, I~JtJ;lr---
Witness Signature
N (l)Wl'tN I'--Lb"'- L n rn lL~
Printed Owner Name
~. ..t J... o/'-.-
CMner Signature
KA-QLA. BENtT~Z-
Printed Witness Name
~(M~
Witness Signature .
~M~1\J0L ~Uc
Printed Witness Name _
rxOf/;-h Pl/aJj~
Witness ignature
",,"
KARLA ~E3Nllf;;2
Printed Witness Name
Nc:5)ff\.MM~l) .,.,. K ~_
Printed Owner Narre
G(\~ (~'\
Owner Signature
Ll NeOn - IL~
Printed Owner Name
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 ~ ~r..0\r'\/ fY\Of'c\rnrN>.O L.,Kt'oN ~ L..,i"" ~ 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
CJ day of fcl:,rvC\r..... ,200~
(Nota~Se.,) ~~\-" --~-
~",:;iD'?"",_ Belinda G. !'Iarper tary' c \ '
=~;' t. .~Ho!l1ll1ission#DDIDl
b:.~:.;~ElpiIes: AUG. 16, 2008
WITNESS: "'7-fo;r:,t-; A1la.nJ;~~~~hrugCD. IDe. CITY OF BOYNTON BEACH, FLORIDA
"1111\ .
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 dl,lly 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:
City Attorney
JAC/lms
900182
12/12/95.rev
WATERSRV.1
Legal Description Approved:
THIS INSTRUMENT PREPARED BY
James A Cherat, Esquire
Josias & Goren, P A
3099 East Commercial Blvd
Suite 200
H lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF PAlM RRAr.R
1!We,
Mohammed
Mohammed
Khan and
Liton~and Lincon Khan
han
, 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 described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH
full and complete authority to act on Grantee's behalf to accomplish annexation by any
available means. The real property which is the subject of this power is described as
follows:
ATTACHED EXHIBIT "A"
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 9
day of
February
2005 and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~
day of f~.b...vc"r. , in the year two thousand and f, v~
Sealed and delivered in the presence of
w~~L~~
~M ANIIJUL tJ-ACQ.LlE
Printed Witness Name
%Jl~ !llmif.w-
Witness Signature
K A-Il. L p., (b f' to( l T E z...
Printed Witness Name
.,~~"'~
Sr\I\ AM/tVUL ~ue
Printed Witness Name
~f1h al~b~
itness Signature
c-::At--
Owner Signature
Nmt'l't1-...lNl:1\ LI.l\YI
Printed Owner Name
~
H . U 0-..-
0.vner Signature
!vi O~fY\1:.D A. ~~ N
Printed o..mer Nane
( .-M\~
Owner Signature
CIA ~.4'\
LlNCbN
Printed Owner Name
\< \-\ AN
Kd\Q.LPt C6ENlIEZ,
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me this '\ day
of futuOo.<'4. 2006; by \'l\oN:>.rntnL6 ~\-,f\r\,N'o~ L.\~C'I~ and
1-,....<..0 N 'l-.~ AM , who are known to me or who have produced
, as identification and who did/did not take an oath.
~~PUBL~ \~~
6u......",oP\ C... ~ 0..<' f~
Type or Print Name
Commission No.
$'''~~:W/'';,,, Belinda G. Harper
g<?/tf:. .~': Commission # DD347130
o~'.~:~EErplfes: AUG. 16, 2008
~.,,~.....,~...: Bond~d 1m
"""J~~l~\""''' Atlantic BondingCo..lD.c:.
My Commission Expires:
POA.IND
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EXHIBIT A
ADDRESS:
8890 LAWRENCE ROAD
BOYNTON BEACH, FL 33436
PARCEL CONTROL NO. 00-43-45-18-00-000-7240
LEGAL DESCRIPTION:
TRACT 724
STARTING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 45
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE RUNNING
NORTHERLY ALONG THE WEST LINE OF SAID SECTION 18 FOR A DISTANCE
OF 468.38 FEET TO A POINT; THENCE TURNING AN ANGLE OF 94016'30"
MEASURED FROM SOUTH TO EAST AND RUNNING A DISTANCE OF 33.15 FEET
TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL;
THENCE CONTINUING ALONG THE SAME LINE A DISTANCE OF 105.00 FEET TO
A POINT; THENCE TURNING AN ANGLE OF 94021'00" MEASURED FROM WEST
TO NORTH AND RUNNING A DISTANCE OF 194.85 FEET TO A POINT; THENCE
TURNING AN ANGLE OF 85042'16" MEASURED FROM SOUTH TO WEST AND
RUNNING A DISTANCE OF 105.00 FEET TO A POINT; THENCE TURN AND ANGLE
OF 94017'44" FROM EAST TO SOUTH AND RUN A DISTANCE OF 195.95 FEET TO
THE POINT OF BEGINNING, LESS THE WEST SEVEN (7') FEET THEREOF
DESCRIBED IN RIGHT OF WAY DEED RECORDED IN OFFICIAL RECORDS BOOK
5630, PAGE 83, AND LESS THE EAST 6.00 FEET OF THE WEST 13.00 FEET OF THE
NORTH 98.00 FEET THEREOF, DESCRIBED IN WARRANTY DEED RECORDED IN
OFFICIAL RECORDS BOOK 8925 PAGE 1012.
SUBJECT TO ZONING, RESTRICTIONS, PROHIBITIONS AND OTHER
REQUIREMENTS IMPOSED BY GOVERNMENTAL AUTHORITY; RESTRICTIONS
AND MATTERS APPEARING ON THE PLAT OR OTHERWISE COMMON TO THE
SUBDlVSION, AND PUBLIC UTILITY EASEMENTS OF RECORD.
CONTAINING 18,531 SQUARE FEET, 0.425 ACRES MORE OR LESS
EXHIBIT A
ADDRESS:
3961 TUCKS ROAD
BOYNTON BEACH, FL 33436
PARCEL CONTROL NO. 00-43-45-18-00-000-7230
LEGAL DESCRIPTION:
TRACT 723
STARTING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 45
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE RUNNING
NORTHERLY ALONG THE WEST LINE OF SAID SECTION 18 FOR A DISTANCE
OF 468.38 FEET TO A POINT; THENCE TURNING AN ANGLE OF 94016'30"
MEASURED FROM SOUTH TO EAST AND RUNNING A DISTANCE OF 138.15 FEET
TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL;
THENCE CONTINUING ALONG THE SAME LINE FOR A DISTANCE OF 105.00
FEET TO A POINT; THENCE TURNING AN ANGLE OF 94021 '00" MEASURED
FROM WEST TO NORTH AND RUNNING A DISTANCE OF 194.75 FEET TO A
POINT IN THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18 AFORESAID;
THENCE TURNING AN ANGLE OF 85042'16" MEASURED FORM SOUTH TO WEST
AND RUNNING A DISTANCE OF 105.00 FEET TO A POINT; THENCE TURN AN
ANGLE OF 94017'44" FROM EAST TO SOUTH AND RUN A DISTANCE OF 194.85
FEET TO THE POINT OF BEGINNING.
SUBJECT TO ZONING, RESTRICTIONS, PROHIBITIONS AND OTHER
REQUIREMENTS IMPOSED BY GOVERNMENTAL AUTHORITY; RESTRICTIONS
AND MATTERS APPEARING ON THE PLAT OR OTHERWISE COMMON TO THE
SUBDIVISION, AND PUBLIC UTILITY EASEMENTS OF RECORD.
CONTAINING 20,470 SQUARE FEET, 0.469 ACRES MORE OR LESS
,..._""~~,..""".-.,._,,.....+>..>,_..,
Feb 14 05 10:00a
Basehart
(561)833-3293
p.3
SIMON AND SCHMIDT
AnORNtvs AT LAW
100 NORTJiU'''l''lflflot "V~...V~ 'UIT(. #11_'
DEIo.""Y IilEAC:H, ~LO"jOA U4,U
ERNE5T (>. .&IMON
OAVID W, SC::I-fJI,UOY
TELfJ"HONE (6E11) 279-2601
FAX {SS1) .t1!S-0281S
WEST PALM DI!ACIi
(581) 737.U2Z
February 11,2005
City of Boynton Beach
Utilities Department
100 East Boynton Beach Boulevard
Boynton Beach. Florida 33435
Re: Lawrence Food Market!
Mohammed Liton Khan and Lincon Khan, hi. wife
D= Ladies and Gentlemen:
I hereby certi/)' that I have examined the Public Records of Palm Beach County, Florida
regarding tbe property described on the attached Exhibit "A", PeN 00-43-45-18-00-000-7230,
IlIId as of February 7, 2005, find the last owner of rewrd to be Mohammed Liton Khan and
Lineon Khan. his wife, whose mailing address is 3961 Tucks Road, Boynton Beach. Florida
33436.
Sincerely yours,
~~~~. 5LiL,
c+-
David W. Schmidt
cd WU~I:80 S00e II 'q~j
98C0S9C 19$
'ON XCij
10 I j,J-jJS aNtl tn.IlS wmu
Feb 14 05 10:01a
Basehart
(5611833-3293
p.6
EXHmlT A
ADDRESS:
8890 LAWRENCE ROAD
BOYNTON BEACH, FL 33436
PARCEL CONTROL NO. 00-4345.18-00-000.7240
LEGAL DESCRIPTION:
TRACT 724
STARTING AT THE SOUTHWEST CORNER OF SECTION IS' TOWNSHIP 45
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE
RUNNING NORTHERLY ALONG THE WEST LINE OF SAID SEctION IS
FOR A DISTANCE OF 468.38 FEET TO A POINT; THENCE TURNING AN
ANGLE OF 94016'30" MEASURED FROM SOUTH TO EAST AND RUNNING A
DISTANCE OF 33.15 FEET TO THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED PARCEL; THENCE CONTINUING ALONG THE
SAME LINE A DISTANCE OF 105.00 FEET TO A POINT; THENCE TURNING
AN ANGLE OF 94"21'00" MEASURED FROM WEST TO NORTH AND
RUNNING A DISTANCE OF 194.85 FEET TO A POINT; THENCE TURNING
AN ANGLE OF 85042'16" MEASURED FROM SOUTH TO WEST AND
RUNNING A DISTANCE OF' 10S.00 FEET TO A POINTj THENCE TURN AND
ANGLE OF 94017'44" FROM EAST TO SOUTH AND RUN A DISTANCE OF
IlIS.lIS FEET TO THE POINT OF BEGINNING, LESS THE WEST SEVEN (7')
rEET THEREOF DESCRIBED IN RIGHT OF WAY DEED RECORDED IN
omclAL RECORDS BOOf( 5630, PAGE 83, AND LESS THE EAST 6.00 FEET
OF TIlE WEST 13.00 FEET OF THE NORTH 98.00 FEET THEREOF,
DESCRIBED IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS
BOOK IJ925 PAGE 1012.
SUBJECT TO ZONING, RESTRICTIONS, PROHIBITIONS AND OTHER
REQUIREMENTS IMPOSED BY GOVERNMENTAL AUTHORITY;
RESTRICTIONS AND MATTERS APPEARING ON THE PLAT OR
OTHERWISE COMMON TO THE SUBDIVSION, AND PUBLIC UTILITY
EASEMENTS OF RECORD.
CONTAINING 18,531 SQUARE FEET, 0.425 ACRES MORE OR LESS
Sd ~Sl:se S00? rl '~a~
98Z059Z19S : 'ON XtU
la(WHJS aNt! flJWlS ; WO'H
:r"'.~"-'':)';'"''''
~ . "" , "
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" '
~ !_'
0, l /."
;.." ,Ie,,'/
?Y,;"o ..<;) '~.",
VI.-CONSENT AGENDA
ITEM C.6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned
Meetin!! Dates in to City Clerk's Office
Requested City Commission
Meetinl! Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 December 7, 2004
0 December 21, 2004
0 January 4, 2005
0 January 18, 2005
December 6, 2004 (Noon)
o February I. 2005
o February 15,2005
o March I. 2005
IZI March 15.2005
January 17,2005 (Noon)
November 15,2004 (Noon.)
January 31. 2005 (Nuun)
December 20, 2004 (Noon)
February 14,2005 (Noon)
January 3, 2005 (Noon)
February 28, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
IZI Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
RECOMMENDATION:
Motion to approve and authorize the execution of a Resolution for Task Order No. U05-10-04 for
$ 30,609.00 to KimIey-Horn and Associates, Inc. (KHA) to provide engineering services for the
design, permitting, and bidding and services througbout construction phases that include start up
and closeout of the project for a submersible duplex station to replace Lift Station No. 313 (LS
313).
EXPLANATION:
LS 313 provides sanitary sewer services to for all neighborboods between the Boynton Canal
(SFWMD C-16 Canal) on the north, Boynton Beach Boulevard on the south, 1-95 on the west and
US Federal Highway No.1 on the east, including the City's Wilson Center/Park. Under a separate
task order it was determined that LS 313 was inadequate to meet the current and projected
demands within the system. Three alternatives to remedy situation were recommended by the
engineer:
· Construction of a new submersible duplex station near the existine station
· Rehabilitation of the existing station
· Construction of a new submersible duplex station within the existine footprint of the
station
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
C~'"f'2"':"
~ ()c
A /V',-
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Additionally, LS 313 sustained damages as a result of the 2004 hurricanes and has been on by-
pass pumping for the past four (4) months. Under these conditions, the third alternative was
determined to be the most cost effective and practical.
PROGRAM IMP ACT:
KHA is currently providing design services for improvements to the City's Wilson CenterlPark.
The proposed improvements at the park site include upgrades to the sanitary sewer service that
will increase the demand on LS 313. Since the construction of LS 313 will directly impact the
Wilson/Center Park project, it is in the best interest of the City to engage KHA for the
replacement ofLS 313.
FISCAL IMPACT:
Funds are available in account #401-5000-590-96.04 SWR105.
Compensation for Task Order U05-10-04 is based on time and materials in accordance with the
Agreement for General Engineering/Consultant Services approved by the City Commission on
November 18,2003.
AL TERNA TIVES:
Construction of a new submersible duplex station to replace LS 313 will enable the City to meet
both the current and projected demands for sanitary sewer services in tbis area. The situation
created by damages to tbe lift station during the 2004 hurricanes and the fact that the lift station
has been on by-pass pump. g for the past four (4) mon~, leaves no, alternative.
~ /7vu' &Zc Cl ~~~ -I1>>1~.d(iW6LvJ/t00
Ne sio M. omez urt Bressner
Interim Utilities Director ~ _ ~ty Managert,
Utilities Department "< J.tl~J.1Ji~__
Department Name City Attorney / Finance / Hum Resources
Attachments - Tbree (3) original task order for execution
be: Nem Gomez, Interim Utilities Director
Paul Fleming, Sr. Project Manager
Tony Lombardi, Wastewater Collection Supervisor
Barb Conboy, Manager, Utilities Administration
File
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION NO. ROS-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF A TASK
5 ORDER IN THE AMOUNT OF $30,609.00 TO KIMLEY-
6 HORN AND ASSOCIATES, INC, FOR ENGINEERING
7 SERVICES FOR DESIGN, PERMITTING AND
8 BIDDING AND CONSTRUCTION PHASES FROM
9 START UP AND CLOSE OUT OF A SUBMERSIBLE
10 DUPLEX STATION TO RELACE LIFT STATION NO.
11 313; AND PROVIDING AN EFFECTIVE DATE.
12
13
14
15 WHEREAS, LS 313 provides sanitary sewer services for all neighborhoods between
16 he Boynton Canal on the north, Boynton Beach Boulevard on the south, 1-95 on the west and
17 s Federal Highway No. I on the east, including the City's Wilson Center/Park; and
1B WHEREAS, under separate task order it was determined that LS 313 was inadequate
19 0 meet the current and projected demands within the system. Additionally, LS 313 sustained
20 amages as a result of the 2004 hurricane and has been on by-pass pumping for the past four
21 4) months; and
22 WHEREAS, the City Commission of the City of Boynton Beach upon
23 ecommendation of staff, deems it to be in the best interest of the citizens of the City of
24 oynton Beach to authorize execution of Task Order U05-1O-04 in the amount of $30,609.00
25 0 Kimley-Hom and Associates, Inc.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 eing true and correct and are hereby made a specific part of this Resolution upon adoption
30 ereo f
:\CAIRESO\Agreements\Task - Change Orders\Kimley Hom * Task Order UOS-tO-04 Uti Station 313.doc
I'
"I
1
Section 2.
The City Commission of the City of Boynton Beach, Florida does
2 lereby authorizc and dircct thc approval and cxecution of Task Order U05-1004 in the
3 ount of $30,609.00 to Kimley-Horn and Associates, Inc., for engineering services for the
4 esign, permitting and bidding and services throughout construction phases that include
5 tartup and close out of the projcct for a submersible duplex station to replace Lift Station
6 o. 313 (LS 3 I 3)
7
Section 3.
This Resolution shall become effcctive immediately upon passage.
8
PASSED AND ADOPTED this _____ day of March, 2005.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
TTEST:
ity Clerk
:\CAIRESO\Agreemenls\Task - Change OrderslKimley Hom - 'Task Order U05-1Q-04 lift Station 313.doc
..._",._".",...".__.'._r_""~"__i<'
Task Order No. U05-10-04
City of Boynton Beach
Lift Station No. 313
Engineering Consulting Services for Design and Construction
of a Submersible Duplex Station within the Existing Footprint
A. Background
The City of Boynton Beach (CITY) has evaluated existing Lift Station No. 313 and
determined it to be inadequate to meet the current and projected demands within the
system. As a result, the CITY has previously reviewed three alternatives to rehabilitate or
replace this facility. The three alternatives included 1) constructing a new submersible
duplex station near the existing station, 2) rehabilitating the existing station, and 3)
constructing a new submersible duplex station within the existing footprint of the station.
Estimated costs for each alternative were developed by others to assist the CITY with
their evaluation. Alternative 3 was determined to be the most cost-effective and practical.
Kimley-Horn and Associates, Inc. (KHA) is currently providing design services for
improvements to the nearby Wilson Center, Pool, and Park Complex. The proposed
improvements at the park site include upgrades to the sanitary sewer service that will
further increase the demand on Lift Station No. 313. Due to the proximity of the two
projects and KHA's familiarity with the current and future system demands, the CITY has
requested that KHA assist them in the design and construction ofthe new lift station.
8. Scope of Services
Task 1 - Site Survey
KHA will engage a land surveyor to prepare a specific purpose survey of the site. This
survey will include establishment of the site land lines, topography, above ground
features, horizontal location of underground utilities identified by the CITY, including the
forcemain crossing the C-16 canal, and vertical location of gravity underground utilities.
This site survey will be used as the site plan and basis of construction plans for this
proj ecl.
Task 2 - Conceptual Layout
KHA will prepare a conceptual layout showing placement of a new, stand-alone,
submersible style pumping station along with its support facilities and piping connections
H:\0443490IO\Task Order No_ U05-10-o4.doc
TASK ORDER NO. U05-1 O-O~
LIFT STATION NO. 313
to the existing influent/effluent pipes. This conceptual layout wiJl be reviewed with CITY
staff, and CITY comments will be incorporated in a final conceptual site plan.
Task 3 - 60% Drawings
KHA wiJl prepare 60 % drawings for the project. The drawings will include a site plan,
piping plan, pump station plan and sections, and demolition ofthe existing station. These
drawings will be reviewed with the CITY to receive comments that will be incorporated
in the design. KHA will prepare a Preliminary Opinion of Probable Construction Costs to
help establish the construction budget.
Task 4 - 90% Construction Documents
KHA will prepare 90% construction documents which will include drawings and
technical specifications. These documents will incorporate previous CITY comments and
be considered complete except for final CITY comments and constructability notations.
These documents will be delivered to the CITY for final review. KHA will update the
Preliminary Opinion of Probable Construction Costs.
Task 5 - Final Construction Documents
KHA will prepare final construction documents including drawings and technical
specifications. KHA will prepare permit applications packages for signature by the CITY
and submittal to Palm Beach County Health Department. KHA also will finalize the
Opinion of Probable Construction Costs for use by the CITY.
Task 6 - Bid Phase
KHA will attend a prebid meeting and bid opening, review bids received, and prepare a
memorandum to the CITY containing findings during review ofthe bids. KHA also will
prepare bid addenda, ifrequired. KHA will rcproduce and distribute bid documents to
prospective bidders and construction rcporting scrvices and maintain a planholder's list.
Task 7 -Construction Phase
KHA will attend a preconstruction mecting, construction progress meetings, review shop
drawings, review paymcnt requcst applications, respond to requests for information from
the contractor, conduct a substantial completion walkthrough, develop punchlists,
conduct a final inspection, and ovcrsee startup ofthe lift station. KHA will preparc brief
mecting summarics and distribute them to thc Contractor and CITY after cach progress
mecting. KHA will maintain a complcte set of project records, with the cxception of
contractor as-built data, at our office throughout construction. KHA will prepare final
record drawings for the project using the final project drawings as a base with the
contractor's red-line as-built notations included.
I I:\0443490JO\Task Order No_ U05-IO..Q4.doc
TASK ORDER NO. U05-10-04
LIFT STATION NO. 313
Task 8 -Construction Observation
KHA will conduct site visits to review contractor progress, workmanship, and materials
of construction. Reports of these site visits will be prepared and fOlwarded to the CITY.
C. Assumptions
I. KHA assumes that we can reuse and modifY as appropriate CITY technical
specifications and design details.
2. KHA assumes that the CITY will communicate any construction cost estimates to
prospective bidders and/or construction reporting services or direct KHA to
divulge this information ifthe CITY deems it appropriate to make this information
available.
3. KHA assumes that the CITY will prepare the front-end documents and Request
for Bids, advertise the bid, and schedule the prebid meeting and bid opening.
4. KHA shall have no responsibility for any contractor's means, methods, techniques,
equipment choice and usage, sequence, schedule, safety programs, or safety
practices, nor shall KHA have any authority or responsibility to stop or direct the
work of any contractor. KHA's visits will be for the purpose of endeavoring to
provide the CITY a greater degree of confidence that the completed work of its
contractors will generally conform to the construction documents prepared by
KHA. KHA neither guarantees the performance of contractors, nor assumes
responsibility for any contractor's failure to perform its work in accordance with
the contract documents.
D. Contract Reference
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services (Resolution #R03-182) dated
November 18, 2003 between the City of Boynton Beach and Kimley-Hom and
Associates, Inc.
E. Additional Services
KHA believes the proposed scope of services to be generally inclusive of the required
tasks. However, KHA will provide additional services at the request of the CITY and
upon receipt of written authorization to proceed. KHA also will provide additional
services that arise due to unforeseen circumstances with prior written authorization from
the CITY.
F. Obligations of the City
I. The CITY shall provide the KHA, in a timely manner, record data and
information related to the Project, including any proposed modifications to
existing underground utilities in thc area and information regarding system
H:\0443490IO\Task Order No. U05-] 0-o4.doc
TASK ORDER NO. U05-10-04
LIFT STATION NO. 313
capacity requirements, as necessary for the performance of services specified
herein.
2. The CITY shall review all drawings and other documents presented by KHA;
obtain advice of an attorney, insurance counselor, and others as CITY dcems
appropriatc for such rcview and rcnder decisions pertaining thereto within
reasonable time so as not to delay the serviccs ofKHA.
3. The CITY will designate representative(s) to serve as point(s) of communication
with the KHA.
4. The CITY will prepare the final bid and contract documents, award and negotiate
the contract with the successful bidder, and render final decisions regarding
acceptance ofthe Contractor's work.
5. The CITY will pay all permit application fees.
G. Oeliverables
KHA will prepare the following deliverables for submission to the CITY's Senior Projcct
Manager. Any drawings submitted as final deliverables will be 24" x 36". CDs
containing electronic versions also will be submitted.
Deliverable 1 - Site Survey
Deliverable 2 - Couceptual Layout
Deliverable 3 - 60% Drawiugs
Deliverable 4 - 90% Construction Documents
Deliverable 5 - Final Construction Documents
Deliverable 6 - Bid Review Memorandum
Deliverable 7 - Final Project Records
I. Compensation
Compensation by the CITY to the KHA for all tasks will be on a time and materials basis
in accordance with the above mentioned Agreement. The estimated compensation for thc
services described in this Task Order No. U05-1O-04 is $30,609 as shown in Table 1.
KHA will not exceed Task budgets without prior written authorization.
1I:\04434901Olrask Order No_ UOS-IO-D4.doc
,.,.__."..""..,,,",-,..,,.,.,,~~.,,..,,,<,~.~.?_m..
TASK ORDER NO, U05-10-04
LIFT STATION NO. 313
Table 1: Labor and Expense Summary
LIFT STATION NO. 313
SUBMERSIBLE DUPLEX STATION WITHIN EXISTING FOOTPRINT
Labor Labor Expenses Total Cost
Hours Cost
Task 1- Site Survey 5 $350 $4,211 $4,561
Task 2 - Conceptual Layout 22 $1,941 $114 $2,055
Task 3 - 60% Drawings 46 $3,208 $188 $3,396
Task 4 - 90% Construction 39 $2,827 $4,165 $6,992
Documents
Task 5 - Final Construction 28 $2,142 $125 $2,267
Documents
Task 6 - Bid Phase Services 23 $1,755 $102 $1,857
Task 7 - Construction Phase 59 $5,924 $847 $6,771
Services
Task 8 - Construction 32 $2,560 $150 $2,710
Observation
T Dials 254 $20,707 $9,902 $30,609
H:\044349010\Task Order No. U05-1 0-o4.doc
TASK ORDER NO. U05-10-04
LIFT STATION NO. 313
J. Schedule
The KHA will commence design services upon receipt of written authorization and
anticipates completion of all work associated with Tasks I through 8 of this Task Order
U05-1O-04 in accordance with the table below.
Task Schedule
Task 1- Site Survey 21 days after Notice to Proceed
Task 2 - Conceptual Layout 21 days after completion of Task 1
Task 3 - 60% Drawings 21 days after completion of Task 2
Task 4 - 90% Construction 14 days after completion of Task 3
Documents
Task 5 - Final Construction 14 days after completion of Task 4
Documents
Task 6 - Bid Phase Services 45 days after completion of Task 5 - dependent on
CITY defined bid schedule
Task 7 - Construction Phase 150 days after Notice to Proceed to contractor
Services
.-.---
Task 8 - Construction Concurrent with Task 7
Observation
-~-~._--
H:\044349010\Task Order No_ LJ05-10-04.doc
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TASK ORDER NO. U05-1Q-04
LIFT STATION NO. 313
DATED this
day of
,2005.
CITY OF BOYNTON BEACH
KIMLEY-HORN AND ASSOCIATES, INe.
Kurt Bressner, City Manager
Vice President
Attest/Authenticated:
City Clerk
(Corporate Seal)
Approved as to Form:
Attest/Authenticated:
Office of the City Attorney
Secretary
H:\044349010\Task Order No. U05-1O-04_doc
TASK ORDER NO. U05-10-04
LIFT STATION NO. 313
ATrACHMENT I
ESTIMATE FOR ENGINEERING SER VICES PHASE 1
H:\0443490tO\Task Order No. UOS.to-04
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I
VI.-CONSENT AGENDA
ITEM C.7.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetinv: Dates in to City Clerk's Office Meetinv: Dates
D December 7, 2004 November 15,2004 (Noon.) D February], 2005
D December 2 J, 2004 December 6, 2004 (Noon) D February ]5,2005
D January 4, 2005 December 20. 2004 (Noon) D March J, 2005
D January 18,2005 January 3, 2005 (Noon) I2?J March] 5, 2005
D Administrative D
NATURE OF I2?J Consent Agenda D
AGENDA ITEM D Public Hearing D
D Bids D
D Announcement D
D City Manager's Report
Date Final Form Must be Turned ill
to City Clerk's Office
January 17,2005 (Noon)
January 31, 2005 (Noon)
February] 4. 2005 (Noon)
February 28, 2005 (Noon)~_:)
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Legal
Unfinished Business
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RECOMMENDATION:
Motion to approve and authorize signing of an Agreement for Water Service Outside tbe City Limits witb Irene
Theodore for the property at 1173 Peak Rd, Lake Worth, FL (Ridge Grove ADD NO I, L TS 256 TO 259 INC).
EXPLANATION:
Tbe parcel covered by this agreement includes a single-ramily home located in tbe San CastlelRidge Grove project
area, Only potable water is available for connection to tbe property at this time due to recent water main improve-
ments constrncted by Palm Beach Connty as part of a oeighborbood improvement project. (See location map)
PROGRAM IMPACT:
A Water Distribution main has recently been complcted on tbis street, allowing for tbe service to tbis parcel. No
additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
ALTERNATIVES: None. Tbi parcel is within the Utilities service area. # '
02 I~ tJS' ~ 1[;( (~Ult #,/frOIX/G I
nt Head s Signature . C' Manager's Signature "/
~
Department Name
City Attorney I Finance I Human Resources
XC:
Dale Sugerman
Peter Mazzella
Michael Rumpf, Planning & Zoning
Anthony Penn
File
(wi copy of attachments)
"
'''ULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
"
I
I RESOLUTION NO. ROS-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND IRENE THEODORE;
9 PROVIDING AN EFFECTIVE DATE.
10
II
12 WHEREAS, the subject property is locatcd outside of the City limits, but within our
13 ater and sewer service area, located at 1173 Peak Road, Lake Worth, Florida (Ridge Grove
14 D No. I, Lots 256 to 259 inclusive); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 ocated in the San Castle/Ridge Grove project area; and
17 WHEREAS, a water distribution main has recently been completed on this street,
18 icinity, allowing for the service to this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 roperty.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 eing true and correct and are hereby made a specific part of this Resolution upon adoption
25 ereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 0 execute a Water Service Agreement between the City of Boynton Beach, Florida and Trene
28 eodore, which Agreement is attached hereto as Exhibit "A".
29
30
Section 3.
This Resolution shall become effective immediately upon passage.
:\CA\RESO'v\grecments\Water Service\Theodore Water Service Agreement.doc
I
2
3 PASSED AND ADOPTED this _ day of March, 200S.
4
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9
10 Mayor
11
12
13 Vice Mayor
14
15
16 Commissioner
17
18
19 Commissioner
20
21
22 Commissioner
23 lies!:
24
25
26 ity Clerk
27
28
:\CA \RESO\Agreements\Water SeTVice\Theodore Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this day of _ ,200 , by and between
.:r r e VI€- F. T he ad u r ~ - hereinafter called the "Customer" and the
,
CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of 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 tbe mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
I. 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. ']be 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
1
applicable to the installation and maintenance of water service Jines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engincers. 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 thcreof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be nccessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary 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 Spccial 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 purcbasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
2
9. Anncxation is intended to be and is hereby made a covenant running with the land
dcscribed in paragraph I above. This Agreement and the power of attorney referenced herein is to be
rccorded in thc Public Records of Palm Beach County, Florida, and the Customcr and all subsequent
transferee, grantces, 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 scrvice to be providcd under this Agreement due to any
prohibitions, restrictions, limitations or requirements oflocal, 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, accidenls,
strikes, boycotts, blackouts, fire, earthquakes, other casualtics or other circumstances beyond the
City's reasonable control.
I I. 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 thcir individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty oftitJc.
] 2. No additional agrecments or representations shall be binding on any of the parties
hercto 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.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
C IN WllNESS WHEREOF, the parties hereto have set their hands and seals this lo-fl- day of
u:--hrfAC<..r1. ' 20~
WIlNESS: INDIVIDUAL(S) AS OWNER(S):
~_07:=P~~
Owner Signature
'U J:1tH/m
PJ:J::Na~ 2 ~
Witness Signature
Velma fYI~
Printed Witness Name
......-:- .'.-' ----- ria
J-rc VI ~ /', I Api) r c;;
Printed Owner Name
3
<"~,,~,";~""""""'.,,-..,",'..",,;_d..,,..,. ,
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
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
..rYl:'~he F, f}.eoc;lo;-e...- 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: FlOrida. .JJ"ve.... L, cel1re..
WITNESS my hand and official seal in the County and State last aforesaid this
Fe.bru<trl/ ,200~
( -
fh
10 day of ,
~~/'
Notary Public
(Notary Seal)
WITNESS:
III1IlU__._llIt1 lUIIIIIIIIII'
SUSAN COLUNS :
.~ Commfr. ~..... I
= . . &pIrM 211120OI i
\~""~ -"'--.
'''''non'' Florida Notary Asan., fnC: :
...u.......................................t
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
ATTEST:
City Clerk
4
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
] HEREBY CERTIFY that on this day, bcfore me, an officcr duly authorized in the State
aforesaid and in the County aforcsaid to takc acknowlcdgmcnts, personally appearcd
,City Managcr and _~__ , City Clerk
respcctivcly, of the City namcd in thc foregoing agreement and that thcy sevcrally acknowlcdgcd
cxecuting same in the prcsencc of two subscribing witnesscs frecly and voluntarily under authority
duly vestcd in them by said City and that the City seal affixed thcrcto is the true corporate seal
affixed thcrcto is the true corporatc scal of said City.
WITNESS my hand and official sca] in thc County and State last aloresaid this _~ day of
,200__
(Notary Scal)
Notary Public
Approved as to form:
City Attorney
5
THIS INSTRUMENT PREPARED BY:
James A. ChoreA. esquire
Josias & Goren, P A
3099 East Commercial BNd.
Suite 200
Fllauderdale, Fl 33:D8
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Fa (h1 ~e4C"
I/We: Irev.e.F Theodore
,
, 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 described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH
full and complete authority to act on Grantee's behalf to accomplish annexation by any
available means. The real property which is the subject of this power is described as
follows:
OQ-if::, -'-IS -oq-o, ~ OCO- 2S-(;()
The powers and authority of my attorney, THE CITY OF BOYNTON B~CH,
FLORIDA, shall commence and be in full force and effect on the IOf\..dayof
Feh;-(..{JAy '-'I . 20~ and the powers and authority shall be irrevocable by
f
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
day of ~bru4.1. ' in the year two thousand and fiVe.
Sealed and delivered in the presence of
16ft,
~'- /J,.., hLa-.I.t0.H
Witness Signature
."
bcub(';(lc< 1'1, l"addf'n
Printed Witness Name
, SL~A iL-/pfL
'OWner Signature
~ ./"" ----;- ~ L
.:Lrc Y' e- )I /!;,PcHOfC
Printed Owner Name
-~ .
Printed Witness Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
of
THE FOREGOING INSTRUMENT was aCknOWledgn before me this / () /I-. day
&..brLAtl.r~, 20 oS: by-Trehe F. eodo re and
- , who are known to me or who hHVp. produced
F/()';d~ lJ.L. , as identification and who did/did not take an oath.
~~~~
NOTARY PUBLIC
cJ1 Vtfl-tJ CO L-L if{ f
Type or Print Name
CommissiomNo.
. I
I --~ ;
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. _ .,,/2008 :
My Commissi~. " s.;nd""lhN(eoo,)432"'25~'
POA.IND . '_..."0, .
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Palm Beach County Property Appraiser Property Search System
Page I of I
Property Information
location Address: 1173 PEAK RD
1~''''<td~.&tIIl'''ljjii4
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-2560
Subdivision: RIDGE GROVE ADD 1 IN
Official Records Book: 08409 Page: 1140 Sale Date: Mav-1994
legal D~e~scripti'm: RIDGE GROVE ADD NO 1 LT5 256 TO 259 INC
Owner Information
Name: THEODORE IRENE F
bl"~l
Mailing Address: 1173 PEAK RD
LAKE WORTH FL 33462 5923
Sales Information
Sales Date Book/Page
May-1994 !.l!l409LU4D
Price Sale Tvoe
$100 REP DEED
Owner
Exemptions
Regular Homestead $25,000
Total: $25,000
Year of Exemption: 2005
Appraisals
Tax Year:
Improvement Value:
land Value:
Total Market Value:
2004
83 159
28 477
111 636
2003
74 922
25 600
100 522
2002
67 856
20 000
87 856
Tax Year 2004
Number of Units: 1
*Total Square Feet: 1994
Use Code: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year: ~2004 2003 2002
Assessed Value: "'69 047 "67.760 $66.172 ,,,,St........~
Exemption Amount: "25 000 -"25 000 $25.000
Taxable Value: "44 047 "42 760 ~$.U.l72
Tax Values
Tax Year: 2004 2003 2002 1,,,,,n.G!RI.ul_.,,!
Ad Valorem: $859 $83~ 810 " .~
Non Ad Valorem: $191 $192 185 ~i,"G,",,,,,_,,,,,,,,,,1
Total Tax: $1.050 Sl 028 995
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@ 2004 Palm Beach County Property Appraiser.
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Location Map - Exhibit "A"
0080
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,
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AGENDA ITEM 0 Public Hearing 0 Legal ):-
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0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
,~),
;, ..,:) t~ ,.-"
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date FinaJ Form Must be Turned Requested City Commission
Meetinl!. Dates in to City Clerk's Office Meetinll Dates
0 Decembe>-7.2004 November 15, 2004 (Noon.) 0 February I. 2005
0 Decembe>- 21. 2004 Ile<embe.- 6. 2004 (Noon) 0 February 15.2005
0 January 4. 2005 Decembe>- 20. 2004 (Noon) 0 MMCh '.2005
0 January) 8, 2005 January 3, 2005 (Noon) ~ March 15, 2005
VI.-CONSENT AGENDA
ITEM C.8.
Date Final Form Must be Turned m
to City Clerk's Office
January 17, 2005 (Noon)
January 31.2005 (Noon)
February 14. 2005 (Noon)"'
'-.'
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February 28. 2005 (Noo'\b
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RECOMMENDATION:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Ang Capital
Group Inc for the propcrty at 7757 Griswold St, Lake Worth, FL (Tropical Terrace LT 26 - Less S 7 FT).
EXPLANATION:
The parcel covered by Ibis agreement includes a single-family borne located in Tropicat Terrace in unincorporated
Palm Beach County. Only potable water is available for connection to the property at Ibis time. (See location map)
PROGRAM IMPACT:
A Water Distribution main has recently been completed on tbis street, allowing for Ibe service to tbis parcel. No
additional construction will be required by tbe City to serve this property.
FISCAL IMPACT: None
rcel is witbin the Utilities service ar .
~
Department Name
City Attorney I Finance 1 Human Resources
XC:
Dale Sugerman
Peter Mazzella
Michael Rumpf, Planning & Zoning
Anthony Penn
File
(wI copy of attachments)
"
"
S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. ROS-
2
3 A RESOLUTION OF THE CTTY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND ANG CAPITAL
9 GROUP INC.; PROVIDING AN EFFECTIVE DATE.
10
II
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 ater and sewer service area, located at 7757 Griswold Street, Lake Worth, Florida (Tropical
14 errace, Lot 26 Less S 7 tl); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 ocated in Tropical Terrace in unincorporated Palm Beach County arca; and
17 WHEREAS, a watcr distribution main has recently been completed on this street,
18 icinity, allowing for the servicc to this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 roperty.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" elauscs arc hereby ratified and confirmed as
24 eing true and correct and are hereby made a specific part of this Resolution upon adoption
25 ereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 0 execute a Water Service Agreement between the City of Boynton Beach, Florida and Ang
28 apital Group Inc., which Agreement is attached hereto as Exhibit "A".
29
Section 3.
This Resolution shall become effective immediately upon passage.
30
:\CA \RESO\Agreements\Watcr Scrvice\Ang Capital Water Service AgrecmenLdoc
I
2
3 PASSED AND ADOPTED this _ day of March, 2005.
4
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9
10 Mayor
11
12
13 Vice Mayor
]4
]5
] 6 Commissioner
17
18
19 Commissioner
20
2]
22 Commissioner
23 ttest:
24
25
26 ity Clerk
27
28
:\CA\RESO\Agreements\Water Service\Ang Capital Water Service Agreement.doc
TillS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
day of ,200--, by and between
';0 L> ::J:A hereinafter called the "Customer", and the CITY
aI corporation of the State of Florida, hereinafter called the
"City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beacb 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 ftom
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:
I. 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 J:j!L 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 faciIities 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 confonnance with all codes, rules and regulations
1
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 sball have tbe option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have tbe 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 bas
such work performed, the Customer will also advaoce such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with tbe Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to tbe property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in cOJUJection with water serviee outside the City limits applicable under City Ordinances and rate
schedules whieh are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections sball 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
bebalf of tbe Customer a voluntary petition for annexation. Customer covenants that it sball
cooperate witb tbe City and not raise opposition or cballenge 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 eligrble under any available means or metbod for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's fuilure to provide such notice sball not
constitute a defense or har 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 sball in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
2
9. Annexation is intended to be and is hereby made a covenant rwming with the land
described in paragraph I 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 Cw,iomer 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
prolubitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event
there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, carthquakes, other casualties or other circumstances beyond the City's
reasonable control.
II. The Customer hereby agrees to indemnifY, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members ofthe 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 cmmcction with
post judgment collection) and costs rising out of or resuhing from the Customer's obligation under or
performance pursuant to this Agreement including disputes for breach of warranty of title.
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 thc parties to be bound thereby.
13. The Customer warrants to the City that Customer holds Icgal and beneficial title to the
property which is the subject ofthis Agreement.
J1,
IN WITNESS WHEREOF, the parties hereto have set their bands and seals this J tJ day of
f=ebrvJAry ,2005. ~
WITNESS: 1
, ~~~'<2 ~~MAi)
'-;-' ~d INe- ~/lO
Printed Witness Name
..AI\IJt1c iUetVA~
Print President's Name
jfu~~
itncss Signa~
~~Vh 4. 4L--0
Printed Wrtness Name
3
~"".'''-_'_''".''~^O ,~"~-..".,_,,,,,-,,.,,,'-_'._' .'...,
q.........,M"""""'__,~~,~,_,~".~" ~,....
~~) ~.
Wit . s , ignature ~~: President/Secretary's Signa
J.:-- t;lnllb )flf--tUfJ() . 1M /- At6;'L/4rt/TT:--
rinted Witness Name Printed ~~nt/Secretary's Name
~~ frI. fYtd..tJL
Witness Signature
IS I( ILh,dti. ff1. !h,( 1.(/(''1
. .
Printed Witness Name
(CORPORATE NOTARIZATION)
FOR CORPORATE NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duJy authorized in the State
aforesaj9, and in t . County $resaid to take acknowledgments, personally appeared
U ~1 e/o ba: ~ CH!TP-. to me known to be the
person(s) scribed in and who executed the foregoing instrument that he/she acknowledged befure
me that he/sbe executed the same; that tbe individual was persona1ly known to me or provided the
following proof of identification: P= /0 r ,d C<. D. L .
WITNESS my hand and official seal in tbe County and State last aforesaid this 10 fI.-- day of
Feb rf..,V\..n/ ,200J'
(
(Notary Seal)
~~~,'
Notary Public
WITNESS:
I 8UMN~ 1
f . eo..... IJII i
.. . ........:
i _" ---....~:
. ~ -I<otooy .
:;..................'".n...........~-.:.~.i
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
ATTEST:
City Clerk
STATE OF FLORIDA )
4
) ss:
COUNTY OF PALM BEACH)
I HEREBY CER'nFY that on this day, before me, an officer duly authorized in tbe State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
____"_______"__' City Manager 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 fonn:
City Attorney
5
" ,"."'- ,...,. "....,..,......... .'-~ ,- ....." _.._,,~.~-"-',-...... ,," ,"" -,
._..,_,_-,-""_~,.....",,.~.,"i'""
THIS INSTRUMENT PREPARED BY;
James A CherOf, Esquire
Josias & Goren. P A
3099 East Commercial Blvd
Strite 200
FI. lauderdale. Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ~?J ~,-lkacA
1!We, ~ e La Ahhe V\o.....J<2..-,as Pn~s~gr~ll11tfler "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 described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH
full and complete authority to act on Grantee's behalf to accomplish annexation by any
available means. The real property which is the subject of this power is described as
follows:
OO-Cf.3-cfS-IO -07 ~ooo.- 0 zG(
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the /o'-ft-..day of
pp/brlAtii ' 20~ and the powers and authority shall be irrevocable by
Grantee.
day of F7? br u a rI/ . in the year two thousand and
Sealed and dilivered in the presence of
c~,flA~ )
/./WI ne Sign ure t ~.
/
L ~<tlJtd,'~ f{rl/J;!b
Printed Witness Name '
/" /'/
/01;,
IN WITNESS WHEREOF, we have hereunto set our ha(lds and seals the
five.
e-
President's Signature
A'?f,.JO 466~,vtf".}--<./
Pri ed President's Name
.::ft<1J/711 11 fJlfi. L.
Printed Witness Name
~
~1:,jo 4b~A/t3.J&
Prin ed Secretary! Vice President's Name
~A.f1l~L
Witness Signature
~a I!.-bCd A Jr., (VI a j Jt';')
F1rinted Witness Name
)
) ss:
COUNTY OF PALM BEACH )
THE. FOREGOING INSTRUMENT was acknowledlJ~ before ~ this /0/1- day
of FebnUtrj, 2005, by 0. r;;J&/o Ub6eht:t.nre- and
. who are k wn to me or who have produced
r / 0 t id~ /), L. . , as identification and who did/did not take an oath.
~th'-~.,
NOTARY PUBLI~S"{/ f'A- AI (- 0 t... u tv.i
Type or Print Name
Commission No.
STATE OF FLORIDA
'II a.t....~
: SUSN.I cow ...--..."
f . CommoJ':"- 1
; ~'4iJl - 31112008 :
i &..,,~ -....(800)432-42$41
:.......:;~~.... Florida Notary Assn 1m:: :
.....................u..~.....:
"-'._'i<",_._,,"","'"".'1'~-''''''''"
My Commission Expires:
POAIND
Palm Beach County Property Appraiser Property Search System
~agc ~ r:/::2
Property Information
Location Address: OVERLOOK RD \N
1"A",va..~hl
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-10-07-000-0261
Subdivision: TROPICAL TERRACE IN
Official Records Book: 17032 Page: 1822 Sale Date: May-2004
Le!@1 Desqi~til>n: TROPICAL TERRACE LT 26 (LESS S 7 FT)
Owner Information
Name: ANG CAPITAL GROUP INC
~.~~."l
Mailing Address: 6542 HYPOLUXO RD # 196
LAKE WORTH FL 33467 7697
Sales Information
Sales Date Book/Page
May-2004 lZ03U1822
Mar-1997 Q96111/1~24
Jun-1991 0~1l721~0()1
Price Sal" TYR-e
Owner
~"'~
$31,000 WARRANTY DEED ANG CAPITAL GROUP INC
$100 QUIT CLAIM
$100 QUIT CLAIM
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
llse <::"d,,: 0000
2004
2003
2Q02
Tax Year 2004
Number of Units: 0
*Total Square Feet: 5,662.80
Acres: 0.13
$16,52
$16,52
$0
1500
15,00
$
$12 00
$1200
Description: VACANT
* in residential properties may indicate living area.
- Assessed and Taxable Values
Tax Year: 2004 2003 2002
Assessed Value: $16,524 U5.000 $12.OOC ~
Exemption Amount: $( $0 $ci
Taxable Value: ~16 524 $ 15.ooC $12,~
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2004
32
2002
~
I~'v- i ......" " I
32
~"__"""I ~--I 1",~"",.t"..1
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
.Recor~_ $earch I ~nJormatioll I E_~~lJ1pti9_ns U:;:C!rnlIl.U_llity I EIIIJ~!()Ym~l:1t I f\!E!W _1jQ!De_~_~y~[ I OlfJf~ Lgglti9!1_S
V_~lue .l\djustm~nt~,,-arcll Say~ Our. HOITl~_~ I $~_nior QJrner I pis-,-!a_itTl~r
http://www.co.palm_beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=004345 1 007000... 2/1 0/2005
Page 1 of 1
.-
-
Gary R. Nikolits, CF A
Palm Beach County Property Appraiser
Property Mapping System
! ''''''''!IlIfa\'!lI1'''''' ~r't
~-, I ""'" p.. ., "15"
I
I Owner Information
peN: 0043451007110OO261
.... Name: ANG CAPITAL GROuP INC
>1>.. ocation: 0VERl.00IC RD \N
Mailing: 6542 HYPOl..UXo RD # 196
1- lAKE WOIO'H FL 33467 7697
~2004 Preliminary Assessment-
Market Value: $16,52'
;; I--~ Assessed Value: $16,52'
34" ., Exempt Amnt: $I:
I I ) *" nL~ r. Taxable: $16.52<
.... ~2004 Estimated Tax
-- I'
~ Ad Valorem: $0."
Non ad valorem: $0."
I I $0."
I Total:
..... ""'"
( Sales Information
'1 f------- ."'" ~ ~.Ies Date Price
I I May-2004 ~u$31"'"
~, "".. I ~.7" ""~1997 ~~:::
I I lUII-!991 $1
02Z0 I """-1990 $7,sO<
-< I I .......1_
t ~. I on.
j 02lI0
I
I "".. 07.. .....
I
Legend
c:=J Par.... o.....doIy
/11211 L"'_
Palm Beach County Property Map
Map Scale 1:1284
Copyright Palm Beach Co"'1y 2003
All Rights. Reserved - suJ;ect 10 a License Agreement.
Map produced on 2/]0I2005.from PAPA
http://gisweb.co.palm-beach.fl.uslipapagislpresentatiOnlmappinglprintnew.asp?MAPURL= ... 2/10/2005
..
.J1
1 in. = 128.3 feet
331 35 3360 3380 40 3410
2850
84 83 2810 2800
2150 f"- "..
:25 2230 22
2200
2141
-:=-1
-:1:1
_J
18" 18'160
1560
0481 0491 51 0520 54 55
7757 Griswold St
0262
0750 I 0760
-+ .~770_-1
0730 I_
I 0780
0720
_1250 I
1240 -i
126
1220
1210
128
1300
1310
1200
1190
1320
1330
1180
131
1170
1350
~ ::"
1140
1120
1110
I
020 I 0010
L
0250
0240
0220
0210
0200
0190
0280
1100
1090
0290
0700 0800
0320
0690
0820
Location Map - Exhibit "A"
(r(?'
J( ,
....): /
0830
0150
0140
0130
0120
0330
0671
1360
1370
1380
1390
1400
1411
1430
0341
0660
0850
0360
0641
0631
0870
0371
0900
0390
0610
0890
0400
0110
0100
0080
0410
0600
0910
0420
0590
0920
0430
0930
0570
.-..,,.,-,,""-,~"".,",.-_...-._-,-~.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.9.
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetine: Dates in to City Clerk's Office Meetinv: Dates
0 December 7, 2004 November ]5,2004 (Noon.) 0 February 1, 2005
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15,2005
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005
0 January 18, 2005 January 3, 2005 (Noon) [;] March 15, 2005
Date Final Form Must be Turned in
to City Clerk's Office
January 17. 2005 (Noon)
January 31, 2005 (Noon)
February 14,2005 (Nnon))
1
-,.,
February 28, 2005 (Noo.g:]
~~)
~-4
_.....;-....
--<i.:J
_,.'1
,"- ~ D
;."J
U'.I
"--
0 Administrative 0 Development Plans :':--;;-.
[;] 0 ......,
NATURE OF Consent Agenda New Business
AGENDA ITEM 0 Public Hearing 0 Legal J:-
0 Bids 0 Unfinished Business h)
0 Announcement 0 Presentation
0 City Manager's Report
'-~0
--.....CD
__''':-CT\
<..)>
lq\'J
:0:
RECOMMENDATION:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Isabel Piz:zoni
for tbe property at 1155 Peak Rd, Lake Worth, FL (Ridge Grove ADD NO 1, L T 260).
EXPLANATION:
The parcet covered hy this agreemeut includes a single-family home located in the San CastlelRidge Grove project
area. Only potable water is available for connection to the property at this time due to recent water main improve-
ments constructed by Palm Beach County as part of a neighborhood improvement project. (See location map)
PROGRAM IMPACT:
A Water Distribntion main has recently been completed on this street, allowing for the service to this parcel. No
additional construction will be required by the City to serve this property.
F1SCAL IMPACT: Nooe
AL TERNA TlVES: None. This par, el is within the Utilities service area.
Departm
Ci
M1 6.dAI(
anager's Signature
~H.f/t<UL)
Department Name
~
City Altorney 1 Finance 1 Human Resources
XC:
Dale Sugerman
Peter Mazzella
Michael Rumpf, Planning & Zoning
Anthony Penn
File
(wi copy ofaltachments)
"
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
I RESOLUTION NO. ROS-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND ISABEL PIZZONI;
9 PROVIDTNG AN EFFECTIVE DATE.
10
II
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 ater and sewer service area, located at 1155 Peak Road, Lake Worth, Florida (Ridge Grove
14 DD No. I, Lots 260); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 ocated in the San Castle/Ridge Grove project area; and
17 WHEREAS, a water distribution main has recently been completed on this street,
18 icinity, allowing for the service to this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 roperty.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 eing true and correct and are hereby made a specific part of this Resolution upon adoption
25
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 0 execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 sabel Pizzoni, which Agreement is attached hereto as Exhibit "A".
29
Section 3.
This Resolution shall become effective immediately upon passage.
30
:\CA\RESO\Agreements\Water Servicc\Pizzoni Water Service Agreement.doc
><'.,;...-..Mb ..
I
2
3 PASSED AND ADOPTED this _ day of March, 2005.
4
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9
10 Mayor
I]
]2
13 Vice Mayor
14
15
16 Commissioner
]7
18
19 Commissioner
20
21
22 Commissioner
23 tlest:
24
25
26 ity Clerk
27
28
:\CA\RESO\Agreements\Water Service\Pizzoni Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
. HIlS AGREr;:MENT made on this __ day of .~ ---"--,200_, by and between
/ <</I kn:.L Prz.2.1JN; hereinafter cftlled the "Customer", and the
CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of 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 ofthe 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:
I. 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 a 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 lhe Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
1
,"'._....,,~-..,.~..~..~.~-,' ""'."<' ,,~",,","',~,
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
Engincers. 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 ofthe Customer,
in which case the Customer will pay in advance all estimated costs thereof. ]n the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
2
9_ Annexation is intended to bc and is hereby made a covenant running with thc land
dcscribed in paragraph I above. This Agreement and the power of attorney referenced herein is to be
rccorded in the Public Rccords of Palm Beach County, Florida, and the Customer and all subsequcnt
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 havc no liability in the cventthere 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
othcr agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
II. 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 tees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty oftitle.
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.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
~ WITNESS WHEREOF, the parties hereto have set their hands and seals this ~_~ day of
~<1-1t ,200S
WITNESS:
INDIVIDUAL(S) AS OWNER(S):
~~
br?x1:~/-.. ~
Owner Signature ~
/Sl!~? L ?rL 7.~A/)
Printed Owner Name
~ A. AadL..
Witness Signature
6u6tt(ld f>,. Y\1 Ad d t' "
Printed Witness Name
(,\ " 2;
~,/..A.-.b.. W. j
Witness Signature
Jwnm.. ~J !:ZW'YlIl
Printed Witness Name 0
3
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'_',.,_~_,".~d"","'-""~"'r+'
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL (S) NOTARlZATION:
STATE OF FLORlDA )
) ss:
COUNTY OF PALM BEACH)
1 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
.::E:s'4/ L, PI' -z- z.. On i 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: Fl. (; d..... ..p. L < .
WIINESS my hand and official seal in the County and State last aforesaid this lOw...
Fbbrt-iClry ,200j'
(Notary Seal)
day of
WITNESS:
l.~~~~
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~ _"~~:lo/,,~'~~.o....F1c,:rirtfl "'ot~ryA:'l"'l_. In'"
~~;
Notary Public
CITY OF BOYNTON BEACH, FLORlDA
Kurt Bressner, City Manager
ATTEST:
City Clerk
4
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officcr duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
, City Manager 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 witnesscs 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:
City Attorney
5
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THIS INSTRUMENT PREPARED BY:
James A. Cherat, Esquire
Josjas & Goren, P A
3099 East Commercial Blvd.
Suite 200
Fl Lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF 1P cJk'l t&iCA
1!We, S S'Clbe{ L. fJ'ZZOKZ
, hereinafter "Grantee", hereby
make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attomey in fact for Grantee and in Grantee's name, place and stead, for the sole
purpose of executing on behalf of Grantee the power to initiate, maintain, and complete
a voluntary petition for annexation of the real property described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH
full and complete authority to act on Grantee's behalf to accomplish annexation by any
available means. The real property which is the subject of this power is described as
follows:
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the jO+-'- day of
fi:1-rKA.n../ , 20~and the powers and authority shall be irrevocable by
f
CO-Lf3-LG -OCj -07- 000- ~C()
Grantee.
,If
IN WITNESS WHEREOF, we have hereunto set our hands and seals the /0
day of Fe b ({..{urV , in the year two thousand and ft v'~.
I
Sealed and delivered in the presence of
~ba~ /11. (Iudd""
Printed Witness Name
~~J2/~tu\ (J JWVCt'
Owner Signature ~tJ
.Is,?\.Je.1 L. ALZ-'Ul'1.l
Printed Owner Name
rl
~ Lh-~,,- )~. /1/ C0he~l
Witness Signature
u ^ e
~0-.).r
Witness Signature
"
)
~(}ul('C< tJ E" WIY)Q.
rinted Witness Name (j
Witness Signature
Owner Signature
Printed Owner Name
Printed Witness Name
Witness Signature
Printed Witness Name
M",+~",,"-",",,<,~,".'"''';i<''''''>' .-
Palm Beach County Property Appraiser Property Search System
Page I of2
Property Information
Location Address: 1155 PEAK RD
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-2600
Subdivision: RIDGE GROVE ADD 1 IN
Official Records Book: 16746 Page: 1321 Sale Date: Feb-2004
L~"I [)esctiQtion: RIDGE GROVE ADD 1 LT 260
Owner Information
Name: PIZZONI ISABEL
~ti~-"r'"
Mailing Address: 1155 PEAK RD
LAKE WORTH FL 33462 5923
Sales Information
Sales Date Book/Page
Feb-2004 l1iZ46/J.3U
Jan-1985 0~44'!lUOt
Price Sa!eTyp~ Owner
$10 LIFE ESTATE PIZZONI ISABEL
$46,000 WARRANTY DEED
Exemptions
Regular Homestead $25,000
Widows Exemption $500
Total: $25,500
Year of Exemption: 2005
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use C"de: 0100
2004
65 897
12 815
78 712
200;3
59 904
11 520
71 424
2002
54 107
9000
63 107
Tax Year 2004
Number of Units: 1
*Total Square Feet: 1500
Description: RESIDENTIAL
* in residential properties may indicate living area.
~ Assessed an Taxab e Values
Tax Year: 2004 2003 2002
Assessed Value: 47 404 $46 520 $45 430 I",~~
Exemption Amount: 25 500 $25 500 $25 500
Taxable Value: 21 904 $21 020 $19 930
d
T VI
~ ax a ues
Tax Year: 2004 2003 2002 '~k!:l:lIab:>r~1
Ad Valorem: $427 $411 $ 392
Non Ad Valorem: $191 .$192 $ 185 ri!iilii!iili---'.~'.'.I
Total Tax: $6U $603 $ 577
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option In the browser to print the
detail on one page.
f~et:;.o-.Id_~arch llnfomlation I ~~tions , .(:orillHUr.!lty I t::1l]Q!(}YITL~m I N~'{Horne Buy':.g[ I Qff!!:UQCabon;:;
Value~Ji,Lgrn~j.L[k@rd J -)..a..ve CUr f:!Qm~ I :i~f1jOI~9rner I Qi$cla[OlJ;;r
l~mlJal 1""l'ilmvlnt_p_iiJ ~'~6."",1
http://www.co.palm-beach.fl.us/papa/aspx/web/detail info.aspx?p entity=0043450909000... 2/10/2005
- -
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... I
090j 11i~5~Oj~~ei Lit 3R 2980 I 2960 2950 I 2930 I 2910
1 in_ = 126.7 feet I ~~W f:L
0112 "'" ",." "" '1 "'~ 81~ [2640
2620
0111 I I
i '
! - PEAK RD .
- - - _
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2480 2460 2451 44C 2420 2380 2380 2340 2330
0092
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0091 f- . ri ,.., --
1870 89~ 1900 1920 1931 95~ 96C 97C 198~ 99~ 200~ 2010 OE
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1860 85~ 84~ 831 82C 81~ 1791 1780 77C 76~ 75~ 74~ 73C 1690 ~68C' 87
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Location Map - Exhibit "A"
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM F.
Requested City Commission
Meetinll Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meetin2 Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
o December 7, 2004
o December 21, 2004
o January 4, 2005
o January 18, 2005
November 15,2004 (Noon.)
o February J, 2005
o February 15, 2005
o M",b I. 2005
[8J M",h J 5. 2005
January 17,2005 (Noon)
December 6, 2004 (Noon)
January 31, 2005 (Noon)
December 20, 2004 (Noon)
February 14, 2005 (Noon)
January 3, 2005 (Noon)
February 28, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
[8J Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
n
:0 '.-)--t
,~"} 1 ~~-~ -<
-.,
0 Development Plans r-q ~~.... (::::
CD --) "Tl
0 New Business N -CJ
U1 '10
0 Legal '.' -,~
-':.'.
.'--.-
.,-".~ :')"'--1
0 Unfinished Business .,-,> CJ
~::;. ,""
0 .,..,-
Presentation -t1OJ
N --1'"1"1
W CJ",,>
r"n
:r
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the months of
January and February 2005 for informational purposes.
EXPLANATION: Per Ordinance 001-66, 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 authorized to execute
a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, conunodities,
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: Ordinance 00 t-66, Chapter 2, Section 2-56.1 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 $10,000" and each purchase requesl is reviewed and approved by the
Department Director, Purchasing Agent, Assistant City Manager, and City Manager.
FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the
organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for
these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be
made.
ALTERNATIVES: Revert back to the old bid threshold of$IO,OOO.OO.
~
6..dv. 1(' '/Pff ~(..r:r~c;)
Financial Services / Procurement
S,IBULLETJNIFORMSIAGENDA ITEM REQUEST FORM,DOC
(Sl'~ 'o.';:~"\
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CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MONTHS ENDED JANUARY AND FEBRUARY 2005
1. Vendor: Hector Turf, Inc.
Requesting Department: Golf Course/Maintenance
Purchase Amount:
Contact Person:
$ 20,183.00
Scott Whalin
Brief Description of Purchase:
Purchase of a 5-gang large acreage reel mower to replace Articulator Brand PTO Driven Rotary Gang Mower.
Source for Purchase:
Three Written Quotes
Fund Source: 411-2911-572-64-21
Maintenance Equipment
2. Vendor: Fisher Scientific
Requesting Department: Fire
Purchase Amount:
Contact Person:
$ 10,615.40
Ray Carter
Brief Description of Purchase:
Purchase of SCBA composite cylinders to provide for an adequate supply of breathing apparatus and spare air cylinders
for firefighting operations in all hazardous atmospheres. (Two different types of cylinders -- 30 minute cylinders for normal
firefighting operations; and 60 minute cylinders for supplied air respirator work such as confined space rescues.
Source for Purchase:
State Contract
Fund Source: 001-2210-522-52-67/64-07
Suppression Supplies /
Soec Fire Oos Equioment
Purchase Amount: $ 11,642.71
Contact Person: John Reynolds
3. Vendor: Diller-Brown & Associates, Inc.
Requesting Department: Utilities
Brief Description of Purchase:
ASR well (Aquifer Storage and Recovery System) at the East Water Treatment Plant (EWTP) is approximately 12 years
old and there are 3 control valves on the well. Normal maintenance and repairs have been performed on the valves and
actuators. Due to th age of the valves and actuators, the valves not seating, and the high cost of repair to the actuator,
the recommendation is to replace the existing equipment. The operation of this well is normally from the control room at
the EWTP. At this time the well is operated in the manual mode at the well.
Source for Purchase:
Sole Source
Fund Source: 401-5000-590-96-02
R&R/Water
The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and
are now being presented to Commission as required.
City Manager Approval:
Date:
Presented to Commission for information on March 15, 2005.
1 of 1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM G.
Requested City Commission
Meetinl! Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meelin!! Dates
Date Final Form Must be Turned
in to City Clerk's Office
o December 7, 2004
o December21,2004
o January 4, 2005
o January 18,2005
November 15, 2004 (Noon.)
D February 1, 2005
o February 15, 2005
o March 1,2005
~ March 15,2005
January] 7, 2005 (Noon)
December 6, 2004 (Noon)
January 31, 2005 (Noon)
December 20, 2004 (Noon)
February 14,2005 (Noon)
January 3. 2005 (Noon)
February 28, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
[gJ Consenl Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o U nfmished Business
o Presentation
-,..,
Flj
cu
~2
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RECOMMENDATION:
Motion to approve the purchase from More Direcl24 laptop computers in the amount of$36,588.00.
This purchase is from the Federal Treasury Forfeiture Fund.
~o
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EXPLANATION:
The Police Department is in need of upgrading some of our laptop computers. We have several older laptop computers that
do not have sufficient memory to handle the new software implimitation of the "field report writing system" in place and
the "driver license photo in car system" in the near future. This purchase is from State of Florida Contract # 250-000-03-1
PROGRAM IMPACT:
This purchase will allow the Police Department to stay current with state of the art technology.
FISCAL IMPACT:
Ftulding will be from the Federal Treasury Forfeiture account.
691-5000-590-04-23 in the amount of$36,588.00.
ALTERNATIVES:
~ ~~ ~::/::::1/,", 4='~
'Department Head's Signature
Police
Department Name City Attorney I Finance I Human Resources
ScIBULLETlNlFORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
TO:
Chief Gage
DATE: 02/07/2005
SUBJECT: Laptop Requisition
REFERENCES:
FILE:
FROM:
Doug Solomon
Technical Services
Manager
ENCLOSURES:
Attached is a quote from More Direct for 24 IBM Laptops for Road Patrol.
At the present time, we have enough IBM Laptops for each Road Patrol Officer. This includes two officers
(Cory Gray and Matt Zeller) currently in the Police Academy, one officer (Lorinda Broberg) currently assigned
to in-service training, and replacement laptops for the 3 Community Service Officer Vans.
Rounding out our inventory are 22 Compaq laptops that currently work. Due to budget restrictions, these did
not get slated for replacement during the last budget process. It was our hope that these 22 laptops would last
until October, allowing us to budget replacement laptops for the 2005-2006 budget year. As the Department
hires more officers, we will have no choice but to issue these older laptops to these officers.
However, with the implementation of Field Report Writing through WebPartner, the future installation of
TraCS (Ticket Printing in the Cars), and the plans to run PALMS, DAVID (DL photos in the cars), and the
ability to access the PBSO's mugshot imaging system in the cars, the Compaq laptops simply do not havc
enough horsepower to run all the applications required.
Additionally, these laptops are 4-5 years old, out of warranty, are limited in the amount of memory we can put
in them, and have a limited amount of USB connections. So that every new officer can take full advantage of
all the technology the department has to offer, I would like to replace these laptops with the IBM laptops, with
funding coming from Federal Forfeiture or the Law Enforcement Trust Fund.
Should you have any questions, please let me know.
" ^'<''-"....~'._~."._,.<..,~~.."..~,-. . "'.~.".,.~,,.....^.,. ,.... .
tNI.;)FlIEN
DIRECT
Salesperson: Christian Perry
Phone: 919-388-9629
Fax: 919-862-9192
Email: cperry@moredirect.com
Sales Quote For
City of Boynton Beach Police Dept.
Bill
To:
City of Boynton Beach
Police Dept.
Micheal Munroe
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Ship-Via
Member Invoice Reference
UPS Ground
Fl. contract # #250-000-03-1
PONum OrderDate SalesPerson
New laptops for
Cars
Sh' T . City of Boynton Beach
Ip o. Police Dept.
Doug Solomon
100 E. Boynton Beach
Blvd.
BOYNTON BEACH,
FL 33435
Terms
OrderNum
Net 30
1657437
02107/2005
Christian Perry - 919-388-9629 . cperry@moredirect.com
Order Items
Qty
Item#
Description
IBM - IBM ThinkPad G41 2886-
Mobile Pen
IBM 3YR WARRANTY UPLIFT
ACCIDENT PROTECTION
USB TO RS232 SERIAL ADAPTER
24
403497
24
01N1577
24
822429
Manufacturer MfgNum UnitPrice Extended
IBM 28865TU 1,225.00 29.400,00
IBM 01N1577 274.50 6,588.00
MICRO USB610A
INNOVATIONS 25.00 600.00
Total (Product Only): 36.588.00
Signature
Dale
Print Name
MoreDirect.com Corporate Headquarters
7300 N. Federal Highway, Suite 200
Boca Raton, Florida 33487
Tel. (561) 237-3300 Fax: (561) 237-3390
~.
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 Turned
Meetin2 Dates in to City Clerk's Office Meetinv: Dates in to City Clerk's Office
0 December 7, 2004 November 15, 2004 (Noon.) 0 February 1, 2005 January 17,2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15, 2005 January 31,2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1, 2005 February 14, 2005 (Noon)
0 January 18, 2005 January 3, 2005 (Noon) ~ March 15, 2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Authorize the use of Community Investment Funds from Commissioner Carl McKoy for the
National Youth Association for Academics and Athletes.
EXPLANATION: Commission approval is requested for allocation of $1 ,000 of Community Investment Funds for the
above organization.
PROGRAM IMP ACT: Allocation of funds will assist the above program.
FISCAL IMP ACT: Funds are budgeted for these types of activities. Each Commissioner has $ 10,000 in Community
Investment Funds to allocate subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use.
Department Head's Signature
~~... 3)'110,
City Manager's Signature
City Attorney / Finance / Human Resources
Department Name
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March II, 2005
Requested by Mayor/Commissioner: Carl McKoy
Amount Requested: $1,000
RecipientlPayee: National Youth Association for Academics and Athletes
Description ofproject, program, or activity to be funded: Funds to be donated to ab9ve
organization for upcoming event.
D'''''' :3-11-00 B~ 'tn.~
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $2,000 has been used to date by the requesting Member, leaving a
balance of available funds of $8,000, This request would bring the available amount down
to $ 7,000.
Accordingly:
"'" There are funds available as requested
i:l There are insufficient funds availabl s requested.
Dated: , ~ d OS
/
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
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Dated:
i:l The proposed expenditure of funds will not result in improvement to private
property;
i:l The recipient/payee is a resident of the City of Boynton Beach or is a legal
entity with offices in the City of Boynton Beach;
i:l The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
i:l Proper safeguards are being implemented to assure that the public funds being
appropriated will be used for the ~
3)111 O~ By: Q.-..
City Manager -
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VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Conunission
Meeting Dates
Date Float Form Must be Turned
in to City Clerk's Office
Requested City Conunission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
December 20, 2004 (Noon)
D February I, 2005
D February 15,2005
IZI M",ch I, 2005
IZI Ma"h 15,2005
January 17,2005 (Noon)
o December 7, 2004
o December 21 , 2004
o January 4, 2005
D January 18, 2005
November 15, 2004 (Noon.)
December 6, 2004 (Noon)
January 31,2005 (Noon)
February 14, 2005 (Noon)
January 3, 2005 (Noon)
February 28, 2005 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
IZI Public Hearing
D Bids
D Announcemeul
D City Manager's Report
D Developmeut Plans (")
D New Business :-')--1
IZI Legal ;=4-<
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D Unfinished Business rrJ ,-)'.q
CO -"O"J
D Presentation -:0
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RECOMMENDATION: Please maintain Ihis item on Ihe March I, 2005 and March 15, 2005 City Comnri.sioiii s;
Agendas under Public Hearing and Legal, Ordinance - Firsl Reading, as tabled to Ihe April 5, 2005 meeling. The CO " '-F
Community Redevelopment Agency Board postponed this request to its March 17, 2005 meeting, to allow for corrections in
required sile signage which provides public notification for Ihe public hearings. This ilem was postponed by Ihe Commission,
on February 15, 2005 to Ihe April 5, 2005 and April 15, 2005 meetings. For further details pertaining 10 the requesl, see
attached Department of Development Memorandum No. PZ 05-017.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Lofts (LUAR 05-003)
Bradley Miller, AICP, Miller Land Plamring ConsulIants, Inc.
Louis F. MasciaIBoynton Motel LLC
623 SouIh Federal Highway
Request to amend Ihe Future Land Use designation from Local Relail
Commercial (LRC) to Mixed Use (MX) and to rezone from Community Commercial (C-
3) to Mixed-Use Low (MU-L)
PROGRAM IMPACT: WA
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~~
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Planning and Zolkg Director City Attoruey / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\LUAR 05-003\Agenda Item Request Boynton Beach Lofts LVAR 3-1 & 3-15-05 05-008.dot
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VIII.-PUBLIC HEARING
ITEM A.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
o December 7, 2004
o December 21, 2004
o January 4, 2005
o January 18, 2005
November \5,2004 (Noon.)
December 6, 2004 (Noon)
December 20, 2004 (Noon)
January 3. 2005 (Noon)
Requested City Commission
Meetine. Dates
Date Final form Must be Turned
in to City Clerk's Office
o Febmary 1,2005
o February 15, 2005
[8l March 1,2005
[8l March 15.2005
January 17,2005 (Noon)
January 31,2005 (Noon)
February 14,2005 (Noon)
February 28, 2005 (Noon)
o Administrative
o Consent Agenda
[8l Public Hearing
o Bids
o Announcement
o City Manager's Report
C)
~ !:-)-i
0 Development Plans i~,l :~-<
." <c-
D New Business rn :"'1
OJ -oJ
0 Legal 0""'\ ;,i~
0 Unfinished Business "<-x.
. ."~--{
0 Presentation '.0
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J::- n
41 OJ
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0 ~:t>
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NATURE OF
AGENDA ITEM
RECOMMENDA nON: Please maintain this request on the March I and March 15, 2005 City COnmllssion
Agendas under Public Hearing, to be combined with the corresponding ordinances for Land Use Amendment and Rezoning,
as tabled to the April 5, 2005 agenda. The Community Redevelopment Agency Board postponed review of this item to its
March 17, 2005 meeting, to allow for corrections in required site signage which provides public notification for the public
hearings. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-
017.
EXPLANA nON:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Lofts (NWSP 05-008)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Louis F. MasciaIBoynton Motel LLC
623 South Federal Highway
Request for new site plan approval to construct a mixed-use project consisting of 48
multi-family dwelling units, 5,364 square feet of retail, and 13,354 square feet of office
on a 1.2 I-acre parcel in a MU-L zoning district.
Development artme t Director
h~)~
Planning and Z . g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\NWSP 05-D08\Agenda Item Request Boynton Beach Lofts NWSP 05-008 3-1-05.dot
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
SoIBULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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VIII.-PUBLIC HEARING
ITEM F.2
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 Turned
Meetine Dates in to City Clerk's Office Meetin!! Dates in to City Clerk's Office
0 December 7, 2004 November 15,2004 (Noon.) 0 February 1, 2005 January 17,2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15,2005 January 31,2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) ['8J March 1,2005 February 14, 2005 (Noon)
0 January 18, 2005 January 3, 2005 (Noon) ['8J March 15,2005 February 28, 2005 (Noon)
NATURE OF
AGENDA ITEM
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RECOMMENDATION: Please maintain this request on the March 1, 2005 and March IS, 2005 City Co~ssio~' '1
Agendas under Public Hearing to be combined with the corresponding ordinances for Land Use Amendment and Rezoning, as
tabled to the AprilS, 2005 meeting. The Community Redevelopment Agency Board postponed review of this item to its
March 17, 2005 meeting, to allow for corrections in reqnired site signage which provides public notification for the public
hearings. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-
009.
o
o
['8J
o
o
o
Consent Agenda
Public Hearing
Bids
Legal
-T'\
'"
cO
J\Iunotulcernent
o
o
o
o
o
Development Plans
New Business
Administrative
Unfinished Business
Cf'
Presentation
-_....~
City Manager's Report
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Lofts (HTEX 05-001)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Louis F. MasciaIBoynton Motel LLC
623 Sonth Federal Highway
Request for a height exception of three (3) feet - two (2) inches pursuant to the City's
Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the
mechanical room housing elevator / slair tower to be 78 feet - two (2) inches in height, a
distance of three (3) reet - two (2) inches above the 75-foot maximum height allowed in
the Mixed-Use Low (MU-L) zoning district.
Develop t
~()-Z ~,
Planning and Z g irector City Attorney / Finance / Human Resources
S:\PJanning\SHARED\WP\PROJECTS\Boynton Lofts\HTEX 05-001\Agenda Item Request Boiynton Beach Lofts HTEX 05-001 3-1 & 3.15-0S.dot
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PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
S:\BULLETtNIFORMSIAGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM B.
Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office
Requested City Commission
Meetim~ Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 December 7, 2004
0 December 21, 2004
0 January 4, 2005
0 January 18,2005
November 15, 2004 (Noon.)
o February I, 2005
o February 15,2005
o March 1,2005
[8J March 15,2005
January 17,2005 (Noon)
December 6, 2004 (Noon)
January 31,2005 (Noon)
December 20, 2004 (Noon)
February 14, 2005 (Noon)
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January 3, 2005 (Noon)
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February 28, 2005 (NoOll)1
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NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
[8J Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o UnfInished Business
o Presentation
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RECOMMENDATION: Please place this request on the March 15, 2005 City Commission Agenda under
Public Hearing, to be approved through a resolution. The Planning and Development Board recommended that the subject
request be approved. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 05-029.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Mall NOPC #5 (DRIA 05-002)
Thomas A, Marsicano, AICP, URS COlporation Southern
JCP Associates, LTD
Boynton Beach Mall
Request for Development of Regional Impact Amendment (DRIA) for the conversion of
169,510 square feet of existing leasable retail space to a 79,500 square foot multi-screen
movie theater with 3,650 seats and 17,528 square feet of new retail space.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
L.l) .~ ~ ~
Planning and ZQfun Director City Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Ma1J\DRIA 05-OO2\Agenda Item Request Boynton Beach Mall NOpe #5 DRIA 05-002 3-1-05.dot
S:IBULLE11N\FORMSIAGENDA ITEM REQUEST FORM.DOC
I RESOLUTION NO. ROS-
2
3
4
5 A RESOLUTION OF THE CITY OF BOYNTON
6 BEACH, FLORIDA, AMENDING THE BOYNTON
7 BEACH MAI,L DEVELOPMENT OF REGIONAL
8 IMPACT DEVELOPMENT ORDER, ADOPTED BY
9 THE CITY ON NOVEMBER 16, 1982, AND
10 AMENDED ON DECEMBER 19, 1989, MARCH 5,
II 1991, FEBRUARY 20, 1996, AND JULY 7, 1998;
12 MAKING FINDINGS OF FACT AND
13 CONCLUSIONS OF LAW PERTAINING TO THE
14 BOYNTON BEACH MALL DEVELOPMENT OF
15 REGIONAI~ IMPACT, ADDING MULTISCREEN
16 THEATER AS AN APPROVED USE, AND
] 7 CONSTITUTING THIS RESOLUTION AS A
18 DEVELOPMENT ORDER BY THE CITY OF
19 BOYNTON BEACH IN COMPI~IANCE WITH LAW;
20 AND PROVIDING AN EFFECTIVE DATE.
21
22
23
24 WHEREAS, a Development Order (the "Original Development Order") was approved
25 by the Board of County Commissioners of Palm Beach, County (Resolution No. R-74-343) on
26 May 7, 1974 and thereafter adopted by the City of Boynton Beach ("City") on November 16,
27 1982; and
28 WHEREAS, the Development Order was amended on December 19, 1989 by
29 esolution No. 89-UUU; on March 5, 1991, by Resolution No. R91-37; on February 20,1996
30 Y Resolution No. R96-26; and on July 7,1998, by Resolution No. R98-123; and
31 WHEREAS, Thomas Marsicano, Vice President of URS Corporation Southern, Inc.,
32 gent for Simon Property Group, the property owner, has filed with the City a Notice of
33 roposed Change to the previously approved development order for the Boynton Beach Mall
34 evelopment of Regional Impact, in accordance with Section 380.06(19), Florida Statutes; and
35 WHEREAS, Simon Property Group proposes to convert 169,510 square feet of gross
-I -
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easable retail to a 79,500 square foot multi screen movie theater with 3,650 seats; and
2 WHEREAS, this amendment request is governed by Section 380.06(19), Florida
3 tatutes, for a substantial deviation determination; and
4 WHEREAS, the City Commission as the governing body of the City of Boynton Beach
5 as jurisdiction, pursuant to Chapter 380, Florida Statutes, and is authorized and empowered to
6 onsider Notices of Proposed Change to the current Development Order for the Boynton Beach
7 all Development of Regional Impact; and
8 WHEREAS, the City Commission has determined that the proposed change does not
9 onstitute a substantial deviation under Chapter 380, Florida Statutes; and
10 WHEREAS, the City Commission on , 2005, held a duly noticed
] I ubJic hearing on the Notice of Proposed Change and has heard and considered the testimony
] 2 aken thereat; and
13 WHEREAS, the applicant has submitted a traffic study which complies with all
]4 rdinances and requirements of the City; and
] 5 WHEREAS, the City Commission has received and considered the recommendations
]6 fthe Treasure Coast Regional Planning Council and made the following Findings of Fact and
17 onclusions of Law:
18 FINDINGS OF FACT
] 9 I. The proposed Development IS not In an Area of Critical State Concern
20 esignated pursuant to the provisions of Section 380.05, Florida Statutes.
21 2. The State of Florida has not adopted a land development plan applicable to the
22 ea in which the proposed Development is to be located.
23 3. The proposed Development is consistent with the report and recommendations
-2 -
2
3
4
5
6
7
f the Treasure Coast Regional Planning Council submitted pursuant to Section 380.06(12),
lorida Statutcs.
4. The proposed Development is consistent with the City's comprehensive plan
d zoning land development regulations.
5. The Notice of Proposed Change does not constitute a substantial deviation from
he previously approved Development Order.
6.
The premises are correct and hereby accepted by the City.
8 CONCLUSIONS OF LAW
9 NOW THEREFORE, be it resolved by the City Commission of Boynton Beach, that
10 aid City Commission makes the following conclusions of law:
11 1. That in a public meeting, duly constituted and assembled this
12 005, the Development Order for the Boynton Beach Mall Development of Regional Impact is
13 ereby amended as follows:
14 1.1. The Notice of Proposed Change by Simon Property Group is incorporated
15 erein by reference, and relied upon by the Parties in discharging their statutory duties under
16 hapter 380, Florida Statutes. The Applicant is Simon Property Group and shall hereafter
17 nclude the successors and assigns of Simon Property Group. Substantial compliance with the
18 epresentations contained in the Notice of Proposed Change as modified by the terms and
19 onditions herein is a condition of approval. For purposes of this condition, the Development
20 rder shall include those matters submitted in all previously approved Development of
21 egional Impact Notice of Proposed Changes.
22 1.2. The Developer is authorized to construct no more than 1,074,939 square feet of
23 etail gross leasable space and a 79,500 square foot multiscreen movie theater with 3,650 seats
-3 -
- - . ,""-",-"."...",..~_.,~-....<~....
n the real property within the Boynton Beach Mall Development of Regional Impact.
3 evelopment Order (Resolution No. R-74-343) approved by the City on November 16, 1982
4 nd subsequent amendments to the Development Order for the Boynton Beach Mall
5 evelopment of Regional Impact shall remain in full force and effect.
2
Except as specifically amended herein, all conditions specified in the Original
2
6
7 BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF
8 OYNTON BEACH, FLORIDA, AS FOLLOWS:
9 1. Any modifications or deviations from the approved plans or requirements of the
10 Development Order shall be submitted to the Planning and Zoning Director for a
II determination by the City Commission of the City of Boynton Beach as to whether the change
12 constitutes a substantial deviation as provided in Section 380.06(19), Florida Statutes. The
13 City Commission of the City of Boynton Beach shall make its determination of substantial
14 deviation at a public hearing after notice to the Applicant.
15 2. The City of Boynton Beach shall monitor the development of the project to
16 nsure compliance with this Development Order. The City of Boynton Beach Planning and
17 oning Director shall be the local official assigned the responsibility for monitoring the
18 evelopment and enforcing the terms of the Development Order. The Planning and Zoning
19 irector may require periodic reports of the Applicant with regard to any item set forth in this
20 evelopment Order.
21 3. This Development Order shall terminate on December 31, 2010 unless extended
22 y the City Commission. Nothing herein shall limit or extinguish any vested rights of the
23 Applicant, its successors or assigns regarding the existing square footage of gross leasable area
-4-
fthe existing Boynton Beach Mall.
2 4. The definitions found In Chapter 380, Florida Statues, shall apply to this
3 evelopment Order.
4 5. The City of Boynton Beach hereby agrees that before December 3], 2010, the
5 oynton Beach Shopping Mall Development of Regional Impact shall not be subject to down
6 >oning, unit density reduction, or intensity reduction, unless the City demonstrates that
7 'ubstantial changes in the conditions underlying the approval of the Development Order havc
8 ccurred, or that the Development Order was based on substantially inaccurate information
9 rovided by the Developer, or that the change is clearly established by the City of Boynton
10 each to be essential to the public health, safety or welfare.
II
6.
This Development Order shall be binding upon the Applicant and its assignees
12 r successors in intercst. It is understood that any referencc hercin to any governmental agency
13 hall be construed to mean any future instrumentality which may be created and designated as
14 uccessor in interest to, or which otherwise possesses any of the powers and duties of any
15 eferenced government agency in existence on the effective date of this Development Order.
16 7. The approval granted by this Development Order is conditional and shall not bc
17 onstrued to obviate the duty of the Developer to comply with all other applicable local, state
18 nd federal permitting requirements.
19
8.
In the event that any portion or section of this Resolution is deemed to be
20 nvalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in
21 0 manner affect the remaining portions or sections of this Resolution, which shall remain in
22 ull force and effect.
23
9.
A certified copy of this Resolution shall be transmitted immediately by certified
-5 -
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
ail to the Department of Community Affairs, the Treasure Coast Regional Planning Council,
d Simon Property Group.
10.
This Resolution shall become effective immediately upon passage.
,2005.
ASSED AND ADOPTED this _ day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
TTEST:
'ity Clerk
-6-
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 05-029
TO:
Chair and Members
Planning and Development Board
Michael RumpttQe/
Planning and Zoning Director
Ed Breese ~
Principal Planner
THROUGH:
FROM:
DATE:
February 7,2005
SUBJECT:
Boynton Beach Mall - DRIA 05-002lMPMD 05-007
NOPC #5
NATURE OF REQUEST
Thomas Marsicano, Vice President of URS Corporation Southern, Inc., agent for Simon
Property Group, Inc., property owner, has submitted a notice of proposed change (NOPC) to the
previously approved development order for the Boynton Beach Mall. The development order,
approved in Palm Beach County by resolution R-74-343 on May 7, 1974, was last amended on
July 7, 1998 by resolution R98-123. The proposed amendment to the DRI provides for the
conversion of 169,510 existing leasable square feet of retail space to a 79,500 square foot
multi-screen movie theater with 3,650 seats. Essentially, the existing 169,510 square foot
Macy's department store would be demolished with 17,528 square foot of new retail space
being constructed at the former Macy's mall entrance, and a 79,500 square foot, 3,650 seat,
multi-screen movie theater constructed adjacent to the new retail space. The Boynton Beach
Mall is located approximately 900 feet west of the intersection of Congress Avenue and Old
Boynton Road (see Exhibit "A" - Location Map). The majority of the mall property is zoned C-3,
Community Commercial; however the northwest corner is zoned Recreation with an overlay
requiring preservation.
BACKGROUND
An amendment to a Development of Regional Impact (DRI) is first and foremost governed by
Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a
Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The NOPC
is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast
Regional Planning Council (TCRPC) and the City. The DCA and the TCRPC are reviewing the
proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06
(19).
The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review
by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S.
requires that the local governing body hold a public hearing to review and approve the NOPC.
Boynton Beach Mall - DRIA 05-002/MPMD 05-007
Memorandum No. PZ 05-029
The City Commission is required to determine whether the proposed change to the Boynton
Beach Mall DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is
determined that the requested change is a substantial deviation then further review will be
required pursuant to the statutory requirements. If the City Commission determines that the
proposed change is not a substantial deviation then they may take action to approve or deny the
requested change.
The original DRI Development Order adopted a Master Plan for the Boynton Beach Mall. The
proposed Amendment #5 reduces the amount of leasable retail space through the removal of
Macy's department store and the addition of new retail space and Movie Theater. Therefore the
review of the DRI amendment also constitutes a review of the change to the Master Plan for the
Mall. In addition to the state statutes, staff has reviewed the Master Plan in accordance with
Land Development Regulations Chapter 3, Master Plan Approval. First review comments were
generated and the Technical Review Committee (TRC) reviewed the Master Plan change on
January 31, 2005.
ANALYSIS
Notice of ProDosed Chanae (NOPCI - Substantial Deviation
The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined
in Chapter 380.06 (19). In reviewing the statute section, staff determined that none of the criteria
apply to the proposed change for the Boynton Beach Mall.
As part of the NOPC application the applicant is to complete a "Substantial Deviation
Determination Chart". The applicant has provided an updated chart. Amendment #5
involves the addition of the 3,650 seat multi-screen movie theater under the heading of
"Attraction/Recreation", while reducing the gross leasable square footage under the
heading of "Wholesale, Retail, and Service". The traffic consultant for the applicant, URS
Corporation, Inc., concludes that the simultaneous increases and decreases in allowable
intensities associated with NOPC #5 results in reductions in the number of A.M. Peak
Hour trips by 59 and P.M. Peak Hour trips by 31. However, the proposed daily trips are
projected to increase from the vested 34,968 to 36,005 trips daily, an increase of 1,037
total trips. As of the release of this staff report, the City has not received a final response
from Palm Beach County Traffic Engineering regarding the proposal's compliance with
the Traffic Performance Standards.
Conclusion
The proposed changes delineated in Amendment #5 are determined not to be a substantial
deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the
Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a
non-substantial deviation finding. This determination is subject to satisfying the condition of
approval regarding compliance with Palm Beach County Traffic Performance Standards.
Master Plan Modification
The proposal submitted for the NOPC modifies the approved Master Plan for the Boynton
Beach Mall DRI. There is only one (1) change proposed in the amendment to the DRI Master
Plan. The request is for the conversion of 169,510 existing leasable square feet of retail space
2
Boynton Beach Mall - DRIA 05-002/MPMD 05-007
Memorandum No. PZ 05-029
to a 79,500 square foot multi-screen movie theater with 3,650 seats and the addition of 17,528
square feet of new retail space, both in the vicinity of the former Macy's mall entrance.
As previously noted, the traffic consultant for the applicant, URS Corporation, Inc., concludes
that the simultaneous increases and decreases in allowable intensities associated with NOPC
#5 results in reductions in the number of AM. Peak Hour trips by 59 and P.M. Peak Hour trips
by 31. However, the proposed daily trips are projected to increase from the vested 34,968 to
36,005 trips daily, an increase of 1,037 total trips.
The Boynton Beach Mall DRI has been amended 4 times over the years, which is not unusual
for a DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19),
provides for and anticipates amendments stating "There are a variety of reasons why a
developer may wish to propose changes to an approved development of regional impact,
including changed market conditions".
The proposed change to the Master Plan was analyzed from two perspectives. The first is the
potential for creating additional regional or local impacts. The second is the consistency and
compatibility of the proposed changes with the regulations and policies adopted by the City
through the Comprehensive Plan, Land Development Regulations and other applicable studies
such as the Visions 20/20 plan.
Impacts
Reqional
A development has gone through the DRI process because the projected impacts are
considered regional in nature. Any change to that development must be analyzed to determine if
the changes proposed create additional impacts above and beyond what was originally
identified and mitigated. In the case of the Boynton Beach Mall DRI the major issue is whether
there will be an increase in traffic resulting from the interchanging of retail space for a multi-
screen theater.
A cursory review of the traffic study was conducted by staff during the Technical Review
Committee (TRC) process. Additionally, the applicant has transmitted the traffic study to the
Palm Beach County Traffic Division for their customary review and approval.
Based on the TRC review of the Master Plan, including the traffic study, no additional regional
impacts are evident. The traffic consultant for the applicant, URS Corporation, Inc., concludes
that the simultaneous increases and decreases in allowable intensities associated with NOPC
#5 results in reductions in the number of AM. Peak Hour trips by 59 and P.M. Peak Hour trips
by 31. However, the proposed daily trips are projected to increase from the vested 34,968 to
36,005 trips daily, an increase of 1,037 total trips. With the information presented and available
at this time, the proposed reduction in the number of trips associated with the mall during the
times of highest traffic volume (morning and evening rush hours) results in a reduced impact
associated with this amendment to the DRI. The increase in the average daily trips associated
with the Mall (1,037 trips) produces less than a 3% increase over a 24-hour period. Additionally,
based upon the most recent daily traffic counts (2003) in the vicinity of the Mall on Old Boynton
Road (22,301) and Congress Avenue (45,068), the additional 1,037 trips represent increases of
0.5% and 0.2% respectively. As of the release of this staff report, the City has not received a
final response from Palm Beach County Traffic Engineering regarding the proposal's
compliance with the Traffic Performance Standards.
3
.."..~."__,.,,,,,o._..,,".._,.,,;<.....,
Boynton Beach Mall - DRIA 05-002/MPMD 05-007
Memorandum No. PZ 05-029
The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning
Council (TCRPC) limit their reviews of the amendment to regional issues. Staff has not yet
received a formal written response from DCA, however TCRPC has responded that the
proposed changes will not create additional regional impacts, they would just like certain
contradictions regarding square footage cleaned up prior to City adoption of the development
order. Since Palm Beach County Traffic Engineering raised the same issue of
confusing/contradictory language regarding the resulting building square footages, the applicant
has developed substitute language for review by each entity.
Local
The focus of the substantial deviation determination is regional impacts. The development order
for the DRI is a local order and the approval of any requested change is within the jurisdiction of
the City. As such, the City's main focus is local issues and impacts. There were no significant
local issues identified by the TRC members at this time. The Utilities Department has indicated
that any unforeseen impacts to the water and sewer systems and related levels of service will
be borne by the developer. The Traffic Impact Analysis submitted with the request for
amendment indicates that there will be a minimal increase in total daily trips (1,037), while at the
same time the proposed amendment results in reductions in the number of A.M. Peak Hour trips
by 59 and P.M. Peak Hour trips by 31. Any improvements in turning movements and
signalization, if deemed necessary, can be evaluated and addressed at the Technical Site Plan
stage. Drainage will also be reviewed in detail as part of the Technical Site Plan approvals, and
must satisfy all requirements of the City and local drainage permitting authorities.
Consistency and Compatibility with City Policies
The change proposed by the applicant does not present any issues that are contrary to City
policies.
Conclusion
As indicated herein, the impacts of the proposed DRI amendment on the utility systems,
roadways and public facilities are either within the existing capacities or additional provisions will
be required of the developer to ensure that levels of service standards are not compromised.
The proposed amendment is consistent with City poliCies and appears compatible with
surrounding land uses.
RECOMMENDATIONS
Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has
demonstrated by clear and convincing evidence that the proposed change is not a substantial
deviation requiring additional development of regional impact review. Therefore, staff
recommends approval of DRIA 05-002 subject to the Conditions of Approval attached in Exhibit
fie".
Regarding the proposed modifications to the Boynton Beach Mall Master Plan, staff
recommends approval of request for Master Plan Modification to allow for the conversion of
169,510 existing leasable square feet of retail space to a 79,500 square foot multi-screen movie
theater with 3,650 seats, through the elimination of the existing 169,510 square foot Macy's
4
Boynton Beach Mall - DRIA 05-002/MPMD 05-007
Memorandum No. PZ 05-029
department store, addition of 17,528 square feet of new retail space and addition of the multi-
screen movie theater, subject to the Conditions of Approval attached in Exhibit "C".
$:\PLANNING\SHAREO\WP\PROJECTS\BB Mall 2005 AMEND #5+ MPMD\DRlA OS-002\STAFF REPORT #5.DOC
5
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BOYNTON BEACH MALL
LOCATION MAP
Exhibit A
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VIII.-PUBLlC HEARING
ITEM B.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meet!"!!: Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meetinl! Dates
Date Final Form Must be Turned
in to City Clerk's Office
Deccrnher6,2004 ONoon)
o February I. 2005
o February 15,2005
o March I, 2005
!8J March 15.2005
January 17,2005 (Noon)
D December 7, 2004
o December 21, 2004
o January 4, 2005
D January 18, 2005
November 15, 2004 (Noon.)
January 31, 2005 (Noon)
December 20, 2004 (Noon)
February 14,2005 (Noon)
C::l
. '1
February 28, 2005 (No~h
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January 3, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
!8J Public Hearing
o Bids
o Announcement
o City Manager's Report
0 Development Plans
0 New Business ~"
::1:
0 Legal c..)
0 UnfInished Business '.0
0 Presentation
RECOMMENDATION: Please place this request on the March 15, 2005 City Commission Agenda under
Public Hearing, to be combined with the corresponding item DRIA 05-002. The Planning and Development Board
recommended that the subject request be approved. For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 05-029.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Mall NOPC #5 (MPMD 05-007)
Thomas A, Marsicano, AICP, URS COIporation Southern
JCP Associates, L TO
Boynton Beach Mall
Request for Master Plan ModifIcation approval for the conversion of 169,5 I 0 square feet
of existing leasable retail space to a 79,500 square foot multi-screen movie theater with
3,650 seats and 17,528 square feet of new retail space.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVE~~. A ~A A~
Develop~r
J-idg r ~Director ~ttorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mal1\MPMD 05-007\Agenda Item Request Boynton Beach Mall NOPC #5 MPMD 05-0073-15-
05.dot
S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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City M':e~~e ',1;;;/ ~4J-N~
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 05-029
TO:
Chair and Members
Planning and Development Board
Michael RumpttQe/
Planning and Zoning Director
Ed Breese ~
Principal Planner
THROUGH:
FROM:
DATE:
SUBJECT:
February 7, 2005
Boynton Beach Mall - DRIA 05-002lMPMD 05-007
NOPC #5
NATURE OF REQUEST
Thomas Marsicano, Vice President of URS Corporation Southern, Inc., agent for Simon
Property Group, Inc., property owner, has submitted a notice of proposed change (NOPC) to the
previously approved development order for the Boynton Beach Mall. The development order,
approved in Palm Beach County by resolution R-74-343 on May 7, 1974, was last amended on
July 7, 1998 by resolution R98-123. The proposed amendment to the DRI provides for the
conversion of 169,510 existing leasable square feet of retail space to a 79,500 square foot
multi-screen movie theater with 3,650 seats. Essentially, the existing 169,510 square foot
Macy's department store would be demolished with 17,528 square foot of new retail space
being constructed at the former Macy's mall entrance, and a 79,500 square foot, 3,650 seat,
multi-screen movie theater constructed adjacent to the new retail space. The Boynton Beach
Mall is located approximately 900 feet west of the intersection of Congress Avenue and Old
Boynton Road (see Exhibit "A" - Location Map). The majority of the mall property is zoned C-3,
Community Commercial; however the northwest corner is zoned Recreation with an overlay
requiring preservation.
BACKGROUND
An amendment to a Development of Regional Impact (DRI) is first and foremost governed by
Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a
Notice of Proposed Change (NO PC) in accordance with the statutory requirements. The NOPC
is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast
Regional Planning Council (TCRPC) and the City. The DCA and the TCRPC are reviewing the
proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06
(19).
The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review
by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S.
requires that the local governing body hold a public hearing to review and approve the NOPC.
Boynton Beach Mall - DRIA 05-002/MPMD 05-007
Memorandum No. PZ 05-029
The City Commission is required to determine whether the proposed change to the Boynton
Beach Mall DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is
determined that the requested change is a substantial deviation then further review will be
required pursuant to the statutory requirements. If the City Commission determines that the
proposed change is not a substantial deviation then they may take action to approve or deny the
requested change.
The original DRI Development Order adopted a Master Plan for the Boynton Beach Mall. The
proposed Amendment #5 reduces the amount of leasable retail space through the removal of
Macy's department store and the addition of new retail space and Movie Theater. Therefore the
review of the DRI amendment also constitutes a review of the change to the Master Plan for the
Mall. In addition to the state statutes, staff has reviewed the Master Plan in accordance with
Land Development Regulations Chapter 3, Master Plan Approval. First review comments were
generated and the Technical Review Committee (TRC) reviewed the Master Plan change on
January 31,2005.
ANALYSIS
Notice of ProDosed Chanae (NOPCI - Substantial Deviation
The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined
in Chapter 380.06 (19). In reviewing the statute section, staff determined that none of the criteria
apply to the proposed change for the Boynton Beach Mall.
As part of the NOPC application the applicant is to complete a "Substantial Deviation
Determination Chart". The applicant has provided an updated chart. Amendment #5
involves the addition of the 3,650 seat multi-screen movie theater under the heading of
"Attraction/Recreation", while reducing the gross leasable square footage under the
heading of "Wholesale, Retail, and Service". The traffic consultant for the applicant, URS
Corporation, Inc., concludes that the simultaneous increases and decreases in allowable
intensities associated with NOpe #5 results in reductions in the number of AM. Peak
Hour trips by 59 and P.M; Peak Hour trips by 31. However, the proposed daily trips are
projected to increase from the vested 34,968 to 36,005 trips daily, an increase of 1,037
total trips. As of the release of this staff report, the City has not received a final response
from Palm Beach County Traffic Engineering regarding the proposal's compliance with
the Traffic Performance Standards.
Conclusion
The proposed changes delineated in Amendment #5 are determined not to be a substantial
deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the
Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a
non-substantial deviation finding. This determination is subject to satisfying the condition of
approval regarding compliance with Palm Beach County Traffic Performance Standards.
Master Plan Modification
The proposal submitted for the NOPC modifies the approved Master Plan for the Boynton
Beach Mall DR!. There Is only one (1) change proposed in the amendment to the DRI Master
Plan. The request is for the conversion of 169.510 existing leasable square feet of retail space
2
Boynton Beach Mall- DRIA 05-002lMPMD 05-007
Memorandum No. PZ 05-029
to a 79,500 square foot multi-screen movie theater with 3,650 seats and the addition of 17,528
square feet of new retail space, both in the vicinity of the former Macy's mall entrance.
As previously noted, the traffic consultant for the applicant, URS Corporation, Inc., concludes
that the simultaneous increases and decreases in allowable intensities associated with NOPC
#5 results in reductions in the number of AM. Peak Hour trips by 59 and P.M. Peak Hour trips
by 31. However, the proposed daily trips are projected to increase from the vested 34,968 to
36,005 trips daily, an increase of 1,037 total trips.
The Boynton Beach Mall DRI has been amended 4 times over the years, which is not unusual
for a DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19),
provides for and anticipates amendments stating "There are a variety of reasons why a
developer may wish to propose changes to an approved development of regional impact,
including changed market conditions".
The proposed change to the Master Plan was analyzed from two perspectives. The first is the
potential for creating additional regional or local impacts. The second is the consistency and
compatibility of the proposed changes with the regulations and policies adopted by the City
through the Comprehensive Plan, Land Development Regulations and other applicable studies
such as the Visions 20/20 plan.
Impacts
Reqional
A development has gone through the DRI process because the projected impacts are
considered regional in nature. Any change to that development must be analyzed to determine if
the changes proposed create additional impacts above and beyond what was originally
identified and mitigated. In the case of the Boynton Beach Mall DRI the major issue is whether
there will be an increase in traffic resulting from the interchanging of retail space for a multi-
screen theater.
A cursory review of the traffic study was conducted by staff during the Technical Review
Committee (TRC) process. Additionally, the applicant has transmitted the traffic study to the
Palm Beach County Traffic Division for their customary review and approval.
Based on the TRC review of the Master Plan, including the traffic study, no additional regional
impacts are evident. The traffic consultant for the applicant, URS Corporation, Inc., concludes
that the simultaneous increases and decreases in allowable intensities associated with NOPC
#5 results in reductions in the number of AM. Peak Hour trips by 59 and P.M. Peak Hour trips
by 31. However, the. proposed daily trips are projected to increase from the vested 34,968 to
36,005 trips daily, an increase of 1,037 total trips. With the information presented and available
at this time, the proposed reduction in the number of trips associated with the mall during the
times of highest traffic volume (morning and evening rush hours) results in a reduced impact
associated with this amendment to the DR!. The increase in the average daily trips associated
with the Mall (1,037 trips) produces less than a 3% increase over a 24-hour period. Additionally,
based upon the most recent daily traffic counts (2003) in the vicinity of the Mall on Old Boynton
Road (22,301) and Congress Avenue (45,068), the additional 1,037 trips represent increases of
0.5% and 0.2% respectively. As of the release of this staff report, the City has not received a
tinal response from Palm Beach County Traffic Engineering regarding the proposal's
compliance with the Traffic Performance Standards.
3
.O.,"',...~.>~...y,_.".._",,~O,,-.,_. f>.-
Boynton Beach Mall - DRIA 05-002/MPMD 05-007
Memorandum No. PZ 05-029
The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning
Council (TCRPC) limit their reviews of the amendment to regional issues. Staff has not yet
received a formal written response from DCA, however TCRPC has responded that the
proposed changes will not create additional regional impacts, they would just like certain
contradictions regarding square footage cleaned up prior to City adoption of the development
order. Since Palm Beach County Traffic Engineering raised the same issue of
confusing/contradictory language regarding the resulting building square footages, the applicant
has developed substitute language for review by each entity.
Local
The focus of the substantial deviation determination is regional impacts. The development order
for the DRI is a local order and the approval of any requested change is within the jurisdiction of
the City. As such, the City's main focus is local issues and impacts. There were no significant
local issues identified by the TRC members at this time. The Utilities Department has indicated
that any unforeseen impacts to the water and sewer systems and related levels of service will
be borne by the developer. The Traffic Impact Analysis submitted with the request for
amendment indicates that there will be a minimal increase in total daily trips (1,037), while at the
same time the proposed amendment results in reductions in the number of A.M. Peak Hour trips
by 59 and P.M. Peak Hour trips by 31. Any improvements in turning movements and
signalization, if deemed necessary, can be evaluated and addressed at the Technical Site Plan
stage. Drainage will also be reviewed in detail as part of the Technical Site Plan approvals, and
must satisfy all requirements of the City and local drainage permitting authorities.
Consistency and Compatibility with City Policies
The change proposed by the applicant does not present any issues that are contrary to City
policies.
Conclusion
As indicated herein, the impacts of the proposed DRI amendment on the utility systems,
roadways and public facilities are either within the existing capacities or additional provisions will
be required of the developer to ensure that levels of service standards are not compromised.
The proposed amendment is consistent with City policies and appears compatible with
surrounding land uses.
RECOMMENDATIONS
Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has
demonstrated by clear and convincing evidence that the proposed change is not a substantial
deviation requiring additional development of regional impact review. Therefore, staff
recommends approval of DRIA 05-002 subject to the Conditions of Approval attached in Exhibit
"C".
Regarding the proposed modifications to the Boynton Beach Mall Master Plan, staff
recommends approval of request for Master Plan Modification to allow for the conversion of
169,510 existing leasable square feet of retail space to a 79,500 square foot multi-screen movie
theater with 3,650 seats, through the elimination of the existing 169,510 square foot Macy's
4
Boynton Beach Mall - DRIA 05-002/MPMD 05-007
Memorandum No. PZ 05-029
department store, addition of 17,528 square feet of new retail space and addition of the multi-
screen movie theater, subject to the Conditions of Approval attached in Exhibit "C".
S:\PlANNING\SHARED\WP\PROJECTS\BB Man 2005 AMEND #5+ MPMO\ORIA 05-002\STAFF REPORT #5.DOC
5
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EXHIBIT "C"
Conditions of Approval
Project name: Boynton Beach Mall
File number: MPMD 05-007
Reference: 2nd review plans identified as a Master Plan Modification with a January 24, 2005 Planning & Zoning
d k
ate stamp mar mg.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
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
Conunents: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Pursuant to Chaoter 380.06 (J9)(e) 5.a. and (J9)(e) S.c. the aoolication for a X
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
proposed change IS presumed to be a substantial deviation. This
presumotion may be rebutted by clear and convincing evidence.
2. Provide notice of concurrency (Traffic Performance Standards Review) X
from Palm Beach County Traffic Engineering.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
I. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MPMD 05-007\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Boynton Beach Mall NOPC #5 (MPMD 05-007)
APPLICANT'S AGENT: Thomas A Marsicano, URS Corporation Southern, Inc.
APPLICANT'S ADDRESS: P.O. Box 31646, Tampa, Florida 33607-1462
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 15,2005
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval to allow for the
conversion of 169,510 existing leasable square feet of retail space
to a 79,500 square foot multi-screen movie theater with 3,650
seats and the addition of 17,528 square feet of new retail space.
LOCATION OF PROPERTY: North side of Old Boynton Road, approximately 900 feet west of
Congress Avenue.
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\Boynton Beach Mall Amendment #5 + MPMD\DO.doc
IX. - CITY MANAGER'S
REPORT
ITEM A
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
]{equcslcd City COlllmission
I\.1~l;lil_H! [);l!G.;i
l):llc Fin;J1 hmn MllSl he Turned
illlQ.J 'j I.x_Ds-rk j,: Offiu:
D December 7, 2004
D December 21, 2004
D J;jllll<ll'}' 4. 2005
D .blltl<lry I X, 2005
November 15,2004 (Noon.)
December (1, 2004 (Nnun)
December 20. 2004 (Noon)
J:.lllll;JI')' 3. 2005 (Noon)
I{cquesled City Commission
ivlcc\ingj)plcS
Do!1.: Fill<ll Form Must be Turned
in to qlY ~'Icrk '~.Q!1ke
o h.:hru<Jry I, lOOS
o h:hnl<llY 15,2005
D ivlarch 1,2005
[gJ l\1:.lrch 15,2005
J<lnllary 17,2005 (Noon)
.hltluary 31,2005 (Noon)
fcbru<lry 14,2005 (Noon)
February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public llearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
[gJ City Manager's Report
RECOMMENDATION: The City's After-Action Report regarding the 2004 Hurricane Season is heing presented for
commission review.
EXPLANATION: The report was requested by the City Manager in order to highlight issues, impact~ and
recommendations resulting from the City's response to Hurricanes Charle:y, Frances, and Jeanne.
PROGRAM IMPACT: It is hoped that the findings in this report will facilitate future changes in the City's
emergency response plan.
FISCAL IMPACT: Any financial impact will be realized dependent on the changes instituted and the degree to which
the recommendations are approved.
ALTERNATIVES: This being presented for review only. The alternative is to not accept the report.
Fire Rescue Department
Department Name
S:\[~U]J_ETIN\FORMS\^GEND^ ITI:M REQUEST FORM_DOC'
City Attorney I Finance I Human Resources
The City of Boynton Beach
O};'FJC!~ OF Tl fF CITY MANAGER
IOU E. HoynlonlfE'nch DouleUCI.nJ
PO nox .5/0
Hoynton lkuch. Flon(Jo J."3125 (j:J]()
City Alwwyrr's O./Jicc: (S6 l) f/l2-hO I (I
j"AX: (56)) ?4'J 6()] I
('-muif: cily.lIlnnngerl/lh.hoYI1/OIi heudl)l.us
wtVIIJ.d, hoynton-hcoch. 11. liS
To:
From:
Date:
Subject:
Mayor Taylor
Vice-Mayor McCray
Commissioner Ferguson
Commissioner McKoy
Commissioncr Ensler
Kurt Brcssner, City Manager
January 24. 2005
II urricane Report
I am attaching an after action report prepared by Firc ChicfWilliam Bingham. Boynton Beach was
hit by two major hurricancs in a lour-week period (Frances and Jeannc) and had divcrted resources to
assist other communities impacted by an earlicr hurricanc (Charley).
The first stOl1ll (Frances) had a major impact on the community in three key areas:
I. Extcnsivc and prolonged loss of electrical powcr immediately after the storm
approximately 95% of the City was without power. The only exception was a small pocket
near Bethcsda Hospital. That institution had taken steps to havc the hospital on two diffcrent
power grids.
2. Extcnsivc damage to trces and vegetation on public and private property throughout the City.
3. Extcnsive structural damage to public and privatc buildings resulting in the need for
emergcney relocation of rcsidcnts and businesses.
The second storm (Jcannc) moved t:1ster and did not cause as much damage as the first storm. In
addition, thcre was Icss of an impact with the loss of electrical power. Initially, aftcrthe storm about
60% of the City was without power. Rcstoration was faster owing to the location of an FPL repair
facility at the Boynton Beach Mall.
The damage to public facilitics is cstimated at $225,000.00, and the total costs, including overtime,
contracted dcbris and removal and other associated cost assumed by the City was $2,460,855.00.
A breakdown, by Storm, is as follows:
Frances
Hurricane Emergency and Clean-up Costs 2004 Summary
Overtime Contracted
Wagcs and Bcnclits Debris Rcmoval
$696,155 $1, I 32,(nO
Othcr Costs
$272,963
TOTALS
$2,]01,188
Jeanne
$203,098
$ 128.41~
$ 28,157
$ 359,667
$899,253
$1,260,482
$30 1,120
$2,460,855
-------- ---
~--------
-_._------~-
-----...---
From my vantage point as City Managcr, I cannot bc prouder of the combined effort of the City staff
to:
Maintain water pressure and basic sewcr utility services in the face of catastrophic powcr losses.
Public safety scrvices provided by Police and Fire werc active and functional despite lack of power
to many City facilitics.
Clean-up and restoration services by City staff was completed in a prompt and professional manner
and despite conflicting infonnation from FEMA as to what would be reimbursable.
Assistance by staff to displaccd residents.
An engaged and active scnior management team working together to resolve problems and anticipate
events so that solutions were in place when the problem actually emerged.
Several commcnts and suggestions are noted for the consideration of the City Commission:
I. Pay policies for hurricane emergencies - The City was forccd to rely on several collective
bargaining agreements (CBA's) and the Personnel Policy Manual (PPM) to craft a pay
determination for staff. It is recommended that the City Commission adopt an emergency
pay policy to be put in placc upon dcclaration of an emergency by the City Commission.
Such an ordinance could superccde the CBA's and the PPM.
2. Develop a more refined public information program involving the Mayor. We learned from
the first storm that residents wanted to hear from the Mayor and took steps to include him in
public affairs announcement on our AM Radio Station. By the second stonn, the Mayor was
actively involved in the public information program including national exposurc on a news
network show. My research of emergency operations plans from other organizations reveals
that other jurisdictions also do not have defined roles and responsibilities for the Mayor and
other elected officials in a declared emergency situation. Thc City dcveloped a series of
recovery ncwslctters that containcd crucial infonnation. These were hand-delivered by staff
and voluntcers to churches and stores as well as "pushed" electronically to Chamber of
Commcrce members.
3. Examine the City Code and detennine if retrofitting of City facilities is warranted for
strcngthening these facilities for storms. I recommend a case-by-case review as somc of the
America's Gateway to the Gulfstream
2
facilities arc lower priority buildings that cannot be retrolittcd in a cost effective manner. I
am pleased to notc that our new lire stations and Library are bcing built to comply with the
morc restrictivc Miami-Dade code for roof construction.
4. Re-evaluate thc food scrvice provisions for staff rcquired to be on duty. Our current policy
of providing just thc basics in food (canned goods. etc.) is not adequatc. Staff should
develop steps to convert onc of our facilities into a commissary with adequate provisions for
food scrvice. We were fortunate to have been able to supp]cment our lood provisions with
donations from storcs and restaurants, however. thc basic food service was lacking. In
addition, having onc or morc commissarics will givc the crcws hum different departments an
opportunity to bettcr interact.
5. Standby fuel before and after the stOIlTI event is a critical need. Most departments took the
necessary stcps before the storm to sce to it that standby fuel was arranged and that tanks
were full. I recommend that the Public Works Department through fleet maintenancc be
given the responsibility to vcrily fuel rcserves and to coordinate and direct post-storm fuel
delivery.
6. Retro-tltting City facilitics with appropriate stand-by generator or transfcr switch capabilities.
As with #3 abovc, this will rcquire a building-by-building review.
7. Verify the number and sizc of Utility standby generators for lift stations and well fIelds.
Generally, the City did wcll in this area despite the loss of thrce generators loaned to the
Hurricane Charley cffort. I believe additional generators or dual electrical feeds for kcy City
lift stations and wellheads are necded.
8. Provide sevcral extra generators to be deployed in the community to support private rclief
cfforts at churches or faith-based agencies. Thcrc wcre instances of several churches
providing exccllent relief services without use ofpuhlic funds. Their efforts wcre hobbled,
however by lack of electrical powcr. Perhaps the City's Grant's Team can identify funding
sources for thcsc facilities to 'retrofit" the buildings with transfer switches or generators so
that a second tier ofrelief facilities can bc idcntified.
9. Continue to support hosting FPL as a powcr restoration site in Boynton Beach. I belicve the
location ofthc FPL site at Boynton Beach Mall was a crucial element in Boynton Bcach's
faster utility recovery.
10. Improvc interscction safety in powcr outages. The City did not have stand-by stop signs in
place at intersections until about two days after Hurricane Frances left. In addition, our
traffic control with personnel present at key intersections necds to be reviewed. I do not
favor use of volunteers for this work. Wc may wish to engage the serviccs of the Florida
Highway Patrol Reserve or our own rcscrve units to assist regular on duty staff.
] 1. Improve our public information on trash and debris removal. The City staff did a superb
effort in thc cleanup. Howevcr, as rcsidents began cleaning their private property of debris,
this matcrial inevitably endcd up on the strcet side. This played havoc with our schedule and
advise to residcnts as to when our first, second and third pick-up would occur. The one-two
punch of Frances and Jeanne also played into concerns by residcnts that items they left on the
curb would be missiles in the sccond storm. Four days before .leanne, we shifted our pick-up
of landscape debris to building debris and damaged personal propcrty. This was a good
decision because the landscape debris basically staycd intact in piles during Jeanne. Also, I
believe the City may wish to revisit the current policy of not picking up storm related damage
from industrial and commercial areas.
3
Arnen"ca's Gateway to the Gu(fstreum
12. Seek beller information from FEMA on eligibility of what is covercd under the storm
reimburscmcnt programs. Currcnt rcgulations are dcpendent on a state and national
declaration ofa disaster area. Oncc the initial scan is completcd, by FEMA and the state, a
decision is madc as to what areas of recovcry would be eligible for reimbursement. In the
case of Frances the reimburscment included debris pick-up from public property and damage
to public buildings. Later, FEMA madc several changcs in approach, which were not readily
available to the City. City staff had to do some digging and research to uncover the latest
rule that "if you gct to the curb ofa public street, you can include this on the reimbursement."
This still left a number of private gated communities to thcir own deviccs to remove their
storm debris. We had to advise them to document their costs and that the City could not do
much morc than the basic clcanup in these areas. [do understand that the Florida
congressional delegation has requested a more deJlnitive word from FEMA. Absent FEMA
clarification, private gated communities are on thcir own for debris rcmoval. The City
should work actively with our delegation, Palm Beach County League of Cities and the Palm
Beach County Lcaguc of Cities to obtain clarification before thc 2005 hurricane season.
The above arc sevcral suggestions I have on our Hurricane response plan. As noted above the
detailed after-action report is attached for the Commission's review and comment. I could not be
prouder of the City's prompt, professional and compassionate response to the two 2004 storm events.
We learned a lot from the storm and were fortunate to have a very good storm plan in place. Special
thanks goes to Fire Chief William Bingham and Assistant Fire Chief James Ness for continuing to
remind senior staff that our plans needed to be updated and ready. Your staff took serious note of
this advice and was ready for both stOflll events.
Cc: CMLT
America's GateuJay to the Gulfstream
4
o
Mm~~IrJle e~~~IrJl
After Action Report
February 18,2005
_ ." ..__,."~_...,~.__~._"._~,.~,.m",",",'."~,"."_ _ ~",~~"""_,~,,,",_~'_., "--,."'1" .',._r,_._.....~.."..,... .." ..
HURRICANE AFTER-ACTION REPORT
INDEX
Topic Page Number
Opening statement 1
Palm Beach County Emergency Operations Center 2
City of Boynton Beach Emergency Operations Center 3
Pre-Event Preparation 6
Public Relations and Community Information Sharing 7
Public Safety - Police Department 8
Public Safety - Fire Rescue 15
Public Safety - Communications 16
Information and Technology 18
Emergency Public Shelter
Boynton Beach Community High School 22
Procurement and Supply Logistics 27
Emergency Fuel Supply / Generators 28
Post-Storm Traffic Control at Intersections 29
Post-Event Stats and Responsibilities 31
Parks / Recreation and Golf Links 34
General Comments 37
Final Thoughts 38
Hurricanes Season 2004
After-Action Report
Prepared for: City Manager Kurt Bressner
Prepared by: William L. Bingham, Director of Fire and Rescue Services
Date Submitted: February 18, 2005
In our City's history of disaster preparedness, this past year was remarkable for
both the state of Florida as well as Boynton Beach. While over the years we
have managed to escape the wrath of any significant storms, this year we finally
"paid the piper". Three of the four storms that struck Florida directly impacted the
City of Boynton Beach.
Hurricane Charley, which made landfall on August 13, 2004 in Punta Gorda with
a wind speed of 140 mph (Category 4) had no direct affect on our area, but
based on a last-minute change of direction (from Tampa to Punta Gorda), we
were given one-hour notice to staff our shelter at Boynton Beach Community
High School with Paramedic staff. This storm affected 22 Florida counties with
hurricane force winds over a 50-mile-wide corridor and tropical force winds over
a 210 mile-wide corridor. Charley was a quick moving storm that impacted the
affected areas for approximately 20 hours. The two storms that impacted
Boynton Beach were Hurricane Frances and Hurricane Jeanne. Hurricane
Frances made landfall on September 5,2004 in Stuart, with a wind speed of 105
mph (Category 2). Frances was a massive storm that covered the entire state of
Florida affecting 27,000 square miles and 35 counties. Hurricane force winds
covered a 145 mile-wide corridor with damaging tropical winds covering in
excess of a 345 mile-wide corridor. The effects of Frances were intensified by
her slow movement and 50+ hour impact. Hurricane Jeanne, which made
landfall on September 25, 2004, also in the Stuart area, had a wind speed of 125
mph (Category 3). Thirty-five Florida counties were affected, most of which had
already been affected by Hurricane Frances. Jeanne had hurricane force winds
affecting a 125 mile-wide corridor, with tropical force winds covering a 315 mile-
wide corridor. Movement was at 12 mph, twice that of Frances. Jeanne and
Charlie were back-to-back and allowed less than a two-week recovery period
between storms. For this reason, the information contained within this report
addresses and applies to issues that become evident during both storms.
This season was the first in recent history that our EOC was activated in a real
disaster situation and it was evident that we were able to provide an adequate
level of command and control. We must keep in mind that Hurricane Charley
had drained a significant amount of resources from all over the state, some
provided by the City of Boynton Beach, and that by the time Frances hit the East
coast a significant amount of available state resources were distributed to the
"left coast". When Jeanne, the strongest of the storms to affect Boynton Beach,
hit just north of us, almost all available state and local resources were gone.
~'~'''''--;''''''-'''",-",,,,,,,,,,,,._,,,'-''''p-~''''
All in all, our years of preparation and training paid off. The City was generally
able to meet the needs of its residents and employees effectively and efficiently.
In a practical sense, these storms provided some of the best training we could
have hoped for. This season was a wake-up call for all departments in the City
of Boynton Beach and across the county and state. I am confident that the
lessons learned this past season have allowed us to become better prepared
should another major storm strike our shores.
It is the intent of this report to delineate and to provide a micro analysis of the
City's response to Hurricanes Frances and Jeanne and to identify areas of
concern, as well as to provide suggestions for improvement regarding the
identified areas. The information contained herein represents what I have to
assume to be factual information provided by many Directors and Supervisors
throughout the City. Some departmental responses are included in their entirety
and some have been edited to fit this format. Several departments have internal
issues relating to hurricane preparedness and these will be addressed to the
respective department director by the City Manager. There are two questions
that we intend to answer with this report: (1) What did we learn about our
ability to effectively and efficiently deal with the effects of these storms and
(2) how can we improve and enhance our disaster mitigation and response
program in the City of Boynton Beach?
The following are the areas of focus for this report:
· Palm Beach County Emergency Operations Center (EOC).
· City of Boynton Beach Emergency Operations Centers (EOC).
. Pre-Event Preparation.
· Public Relations and Community Information Sharing.
· Public Safety (Fire/Paramedic, Police, and Communication Divisions).
. Information and Technology.
· Emergency Public Shelter - Boynton Beach Community High School.
. Procurement and Supply Logistics.
. Emergency Fuel Supply / Generators.
· Post-Storm Traffic Control at Intersections.
. Post-Event Responsibilities.
. Parks / Recreation and Golf Links.
Palm Beach County EOC
ISSUES:
1. Blast faxes issued by the county EOC were never received due to the
county having wrong fax numbers on file even though there were
numerous attempts to correct this problem. EOC staff members
frequently lost messages. We sent two EM2000 (official countywide
disaster reporting software) and four faxed messages to the EOC to
correct our city's EOC fax number. Each time we called back to confirm if
2
the number was changed we were asked to send it again. It appears we
may have missed several blast faxes due to the EOC having the wrong
fax number on file. This matter is being resolved.
2. County EOC staff members answering telephones were not able to direct
calls properly, or failed to answer Emergency Support Function (ESF)
phones.
3. There were not enough Ham Radio Operators (ARES - Amateur Radio
Emergency System) available to provide disaster radio coverage to all the
hospitals, shelters and EOC's in our general area.
4. The EM2000 county computer system worked very poorly. This system
was designed to provide a method to request and track requests for
resources by the various cities in the county. Messages were either
ignored or requests failed to be acted upon. We have been advised that
the county is planning to replace this system by 2005 hurricane season.
Requests made on EM2000 where a confirmation call was requested were
ignored. If any action was taken regarding an EM2000 request, no record
was ever generated.
5. Many ESF calls from our EOC went unanswered.
6. Staff members assigned to ESF stations were unable to answer questions
or properly refer requests (i.e. An ESF Mass Care staff member, who we
contacted to attempt to find ice and food for a displaced group of elderly
citizens in Boynton Beach, suggested that we call 712-6400, the general
public's phone number to the EOC, where they were located.)
7. Commitments were made by county staff members that were never
followed up (I.e. Boynton Bay - Red Cross assistance. This responsibility
was finally dealt with by Fire Rescue with food donated by local
restaurants).
8. ESF 16 was unable to provide an accurate copy of the latest County
curfew after four phone calls. The final item faxed was an earlier version
where someone crossed out the original ending date and wrote in the
current date. If we are going to use these documents and/or decisions as
a basis for our own response, they must be legal and accurate.
City of Bovnton Beach EOCs
1. ISSUE: Our first EOC that was set up at Bethesda Memorial Hospital was
inadequate. The Police Department had over half their total force staged
in the same area as our City and Fire EOCs. Problems with sleeping
facilities, and general over crowding occurred. Bethesda asked that if we
were to return again that we limit the number of personnel assigned to
their facility as those directly involved in the EOC functions. We agree
that the last-minute shift to Bethesda, while necessary due to the
projected strength of Hurricane Frances, was not a good arrangement.
3
".."..,.,....__~_...._.".,"'_fln-...,.__
2. ISSUE: Bethesda EOC.
IMPACT: Overcrowding / attendance.
RECOMMENDATION: Develop written policy on who is allowed/desired
in the EOC, including chamber staff, family members, pets, etc. We
previously determined what ESF representatives were needed in the
EOC. Several others showed up.
3. ISSUE: (PD) There was too much foot traffic by unauthorized personnel
in the Police EOC Room. Those directed to stay out, found that direction
distasteful. This would be an indication of their lack of understanding of
the concept of a "Command Post" and/or the Incident Command System.
Eventually, an officer had to be stationed outside the door to stop
unauthorized persons.
4. Bethesda Hospital Emergency Room and Lobby: Due to a major increase
in civilians coming into the Hospital for treatment and/or protection from
the storm (and bringing family members), a crowd control situation
developed that resulted in a request by Bethesda Staff for assistance.
ISSUES: EAST WATER TREATMENT PLANT
1. Lack of specific training for those staffing the EOC. A number of
personnel assigned to the EOC were unsure of their roles.
2. Failure to answer phones that should have been assigned to a specific
individual, I.e. three days after the storm we found 40 messages on the
main answering point telephone. A number of those messages involved
requests for assistance that were 2 or 3 days old.
3. Significant water leaks around the EOC's windows, carpets were very wet
in the areas where computers were set up. While the City's EOC has
window glass designed to handle hurricane force winds, apparently there
was a problem with old caulking that allowed a significant amount of water
to leak into the building, soaking the rugs in the EOC. We are asking the
Utilities Department to inspect this and resolve any issues prior to the
2005 hurricane season.
4. No specific office equipment was assigned to the EOC. Fax machines
were relocated from fire and utilities, computers relocated from fire.
5. Food, ice and water seemed available to a number of field personnel,
however there were large numbers of city employees that had to fend for
themselves. A standardized food distribution system needs to be
established citywide.
6. An in house weather station needs to be established in order to obtain real
time wind speed and direction information, preferably on the city's intranet.
Staff relied on TV and Radio reports, as well as on a commercial weather
source on the internet for information.
4
7. We received numerous requests from the County EOC asking for our
damage assessment reports. It appears that there were delays getting
that information to the County (this will be addressed later in this report).
8. The EOC was not well organized post-hurricane. There was no ready
information or Frequently Asked Questions (FAQs). Too many people
were in the EOC after the hurricane with nothing to do. The telephone
rollover system was slow and each call had to roll over to a new line
before being answered.
9. Better delegation of responsibility was needed, particularly in the area of a
Main Answering Point (MAP) dealing with phone calls and incoming fax
messages, amateur radio operators (coverage was sporadic), EM2000
duties (too few took the initiative to learn the system resulting in
inadequate coverage), and record-keeping (phone log, fax messages,
county situation reports), and general notes of assignments relating to the
City of Boynton Beach. Also, organized assignment schedule, ensuring
role clarity and adequate department coverage would have been helpful.
10. ISSUE: EOC size
IMPACT: The small arrangement for EOC at Bethesda and the East
Water Plant prevented Public Works from having staff on duty ready to
respond immediately. This delayed overall City response when the storm
was complete and the Public Works compound gate and fuel systems had
failed. All other responders had to wait for Public Works employees to
stabilize their own home and then come to work.
RECOMMENDATION: Allow several key Public Works employees to be
in the EOC to provide quicker response. Enlarge the EOC when building
the new Fire Station #5 to accommodate increased staffing.
11. ISSUE: There were several concerns noted, primarily by the PD officers
concerning the conditions at Bethesda.
IMPACT: Because of the decision to place all on-duty police officers at
this EOC, which was not in the planning design, the PD officers had to
withstand uncomfortable situations relating to sleeping quarters, space to
relax, etc. This was aggravated by the length of the first storm.
RECOMMENDATION: Given the anticipated, and actual, strength of the
storm (Category 2), the PD officers could have stayed in their offices at
City Hall. Fire Rescue personnel rode out the storm in City Hall at Station
1 with minimal disruption or problems. Suggest that PD policy is flexible
with regard to personnel assignment with due consideration to storm
intensity, speed, and movement. Another possibilitv is to spread out the
police personnel to a number of satellite facilities, i.e. nursinG homes,
pistol ranGe. etc. Instead of concentratinG a larGe number of PD
personnel in one location, distribute them amonGst a number of locations.
12. Compare Evacuation Shelter residents list with known Sexual
Predators/Offenders.
5
'^ ~.w"~",,,~_.w~,".w'"~'~" ....~~.....'".."".....~ ,'...
Pre-Event Preparation
1. ISSUE: Storm Shutters
IMPACT: Significant staff time was spent installing shutters despite
several days notice. The installation time was extended thereby reducing
the amount of staff time available for preparation of their homes. Many
employees were very frustrated that we would not let them go home.
RECOMMENDATION: Install more window barriers or roll down shutters,
particularly on second floor locations. Seek more grant sources.
2. ISSUE: Employee contact.
IMPACT: Difficulty and delay in contacting city employees and other
resources.
RECOMMENDATION: Develop more complete phone lists of all city
personnel and make this information available - cellular, home, and
pager.
Senior staff needs to call-in to a dedicated number on a regular basis in
order to provide contact information in the event the telephones and
cellular phones are down. There were a number of staff members that
were MIA during a portion of the storm. Each department's disaster plan
should have a current comprehensive employee and emerqency contact
phone list. All disaster plans are available on the city share drive.
3. ISSUE: Personal hurricane supplies and preparation.
IMPACT: Many employees were not personally prepared for Frances. As
such, many staff members did not stockpile ice, water and fuel.
RECOMMENDATION: At the start of each season, and before a storm
event, remind all employees to get their supplies and plan on the need to
take care of themselves for four days.
ADDITIONAL COMMENTS
Do not give fuel to City employees. They should be personally prepared.
Do not allow employees to take fuel for personal generators. This
happened, but was not intended and is not a good policy.
4. Police Training Center/Range: The perimeter alarm for the building could
not be set because the side door (near the dumpster) became the only
access point once the shutters were installed. Once opened, that door
immediately activates the alarm. However, the alarm for the SWAT area
functioned normally.
5. Spray paint major intersections. Two days before the storm, P.B.S.O.
Community Service Officers using orange spray paint to mark the
roadways at major intersections. This was a lesson learned from
Hurricane Andrew; when total destruction eliminated street signs and
landmarks. This is being offered as a possible suggestion for future
storms in Boynton Beach.
6
Public Relations and Community Information Sharinq
ISSUES:
1. A number of press releases submitted by our city failed to get posted on
the various local television and radios stations, i.e. boil water notices.
Conflicting reports caused tremendous confusion to the public.
2. There were a number of complains from the public that our public officials
were not very visible after the storms. Mayor Taylor took the lead with the
Fire Rescue Community Relations Specialist and became a regular fixture
on both local and network TV.
3. ISSUE: The message on the Employee Hotline was not updated enough.
IMPACT: During the first hurricane, the message on the Hotline caused
some people to think they did not have to report to work when they were
actually expected to show up. During Hurricane Jeanne, the hotline was
called a number of times and found the same message constantly.
RECOMMENDATION: The message on the Hotline should state the
date/time and then should advise employees of the time when the
message will be updated. These Hotline numbers must be constantly
emphasized to employees, and updates should be checked every hour on
the hour during peak times of activity.
4. The radio stations and television were reporting that Boynton Beach
residents needed to boil water, although 1670AM reported that our water
was safe. This was a very confusing situation. The message on 1670
sounded like a canned message that seemed to be the exact same
message for both hurricanes. Confusion was compounded when the
City's message (1670AM) was not changed in a timely manner during the
first storm.
IMPACT: Creates confusion and unnecessary time is spent responding to
citizen's concerns.
RECOMMENDATION: With regard to water, there should be a consistent
message that goes out to the radio stations and the television stations that
states that City Of Boynton Beach water is safe or not safe to drink. This
would help eliminate confusion for the residents of the City. It should be
noted that this issue was better-used during the second storm.
5. GENERAL RECOMMENDATIONS
Better publicity for our AM radio station. The time to let the public know
about the AM radio station, City hotline, and Dialogic System (Reverse
911) is months before the hurricane season begins, not after the
Hurricane Watch is issued. The reverse 911 system is generally under-
utilized. We will work on providing another transmitter for the AM radio
station to ensure extended coverage throughout Boynton Beach. We also
need to post our City AM radio station number on major thoroughfares on
white-on-blue signs much larger than the current 12" X 12" signs.
7
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Electronic billboards may be utilized to share important information with
the public.
Local cable television public access channel information can be an asset.
Plan for higher visibility of public officials - Commissioner's visiting
damage sites, providing radio messages, radio and TV airtime.
We can utilize the city's web page as another venue to provide information
to residents. Although power outages were prevalent during and after the
storm, several people had power restored quickly and were able to access
the Internet. Since the Internet has a worldwide presence, updated
information will clearly communicate to others the status of the City and
the restoration effort.
The City did release a series of Disaster Recovery Newsletters during the
recovery effort following Frances. These were not part of the Hurricane
Plan, but evolved as staff developed alternate means of information,
especially to those without power. Volunteers were used to hand deliver
bundles of newsletters. In addition, the City Manager "pushed" electronic
versions of the newsletters to the business community via mass email.
We received positive feedback from this and it is recommended that the
newsletter be part of future efforts and included in the Hurricane Plan.
Public Safety (Police. Fire Rescue and Communication Divisions)
It is important to begin this critique with the realization that this was a very
unusual storm. Its unpredictable, slow-moving progression caused it to drag out
far longer than our response "plan" could handle. As such, it caused many to
lose faith in the "plan" itself. Under normal circumstances, if everyone follows
the direction given to bring food for 3-days, to bring a change of uniforms, to
bring bedding, etc., the "plan" should be sufficient. Likewise, though this was a
Category 2 storm, its lingering nature resulted in damage and raised issues
normally associated with a much stronger one. As a quick example, we were
fortunate that the roof leaks encountered at Boynton Beach Community High
School were just leaks. We need only look to the west coast communities hit by
Hurricane Charley only weeks earlier to see that many Emergency Operation
Centers, Evacuation Shelters, and/or Sheriff's Headquarters were destroyed _
some while occupied. Yes, it was uncomfortable, but all in all the Police
Department's - and the City's - response was worthy of praise.
ISSUES: PD
1. Police units were pulled off the road at wind speeds of 40 mph; fire units
remained on active response up to sustained winds of 55 miles per hour.
There was an uneasy feeling by both police and fire personnel that the
8
police units would be taken off the streets when most of the public was still
out and about and larger, more wind susceptible fire vehicles still
remained on the road. These departments complement each other and
run simultaneously in many instances.
IMPACT: Creates confusion and concern that public safety agencies will
not be there to support each other.
RECOMMENDATION: Determine a "get off the road" wind speed that all
City units will adhere to on a consistent basis (i.e. 50 mph) to ensure
reasonable public coverage pre-storm and compliance with manufacturers
and federal safety standards for vehicle wind resistance capability for
larger fire rescue vehicles.
2. PO Officers were told food and water would be provided for them after 48
hrs per the PO hurricane policy, which did not happen. Several other city
departments did in fact provide such services for their employees.
3. PO Officers were concerned for their families. Perhaps future
accommodations can be made to include families of those who have no
place to go.
4. Arrange to have washers/dryers available for officers to clean their
uniforms.
5. Change personnel around after three days, several officers complained of
being with the same officer for extended periods of time.
6. Sleeping arrangements could have been better. Arrange through
American Red Cross for cots?
7. Obtain portable generators for ice and refrigerators. Aiso set up an area
to charge batteries and flashlights.
8. Arrange to have a temporary armory set up, so officers can secure their
weapons while showering.
9. The issue of sending officers home or keeping them was very
disorganized. There seemed to be no forethought for manpower.
10 While in lock down mode at Bethesda, officers there as well as BBCHS
officers were getting restless. An area set up to watch the news would
have been a good idea. Officers were not able to keep abreast of the
storm other than watching out the doors.
11 Officers were not comfortable with all their gear being left in the hallways.
A room with only one entrance would have been more secure.
12 t the Bethesda PEOC, Officer's personal gear was lined in the hallways.
The issue of theft and/or someone tripping over the items was of concern,
especially since many of the woman that kept walking through the hallway
were pregnant.
13 No food provisions. Although this was not an issue at Bethesda, it was at
the Boynton H.S. post. It later became an issue once the PEOC was
established at the PD.
14 Police Headquarters: The abandonment of the building resulted in leaving
vital equipment unprotected. Specifically, there was no plan to move and
store the contents of the Police Department's Armory, which could have
been a prime target for criminals. Likewise, evidence was left
l)
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unattended. There was great difficulty in securing the front doors, as the
locks would not work. Since no Facilities Maintenance personnel were
on-duty, this resulted in an attempted call-out during increasingly
dangerous storm conditions. The call-out was canceled when a
makeshift device was developed with the use of handcuffs.
15 Certain "non-essential personnel" should be reclassified as "essential";
such as, Community Service Officers, Crime Scene Technicians, Front
Desk Clerks, and any other applicable folks. This is an issue that might
require contract modification. However, their services are as essential as
an officer and, likewise, their presence would free up sworn personnel for
other tasks. As a specific example, the C.S.O.'s were "asked" to come in
and volunteered to do so. Their presence became vital to answer phones
in the P.E.O.C. and then traffic control/accident investigation before and
after the storm.
16. SWAT - The primary function of the SWAT during this time was high
visibility/high impact patrol, with specific emphasis on in-progress calls,
high-risk calls, looters and violators of the curfew that had been
implemented.
The Bravo Shift Team was able to respond to and handle numerous high-
risk, in-progress calls. The ability for the team to be in service, self
contained and equipped to handle any situation that were to present itself
was invaluable. The team was able to handle an armed home invasion, a
perimeter for a shooting and several entries to include a report of a
burglary in progress. These all occurred in the first two days of activation.
The team was able to patrol safely citywide during this time and was able
to suppress the type of criminal activity that this situation would normally
facilitate. There was only one report of a "Smash and Grab" type Burglary
during this time.
The impact of SWAT's activation was felt mostly after the storm had gone,
and during the aftermath and clean up. This was during an already chaotic
time when Road Patrol was inundated with calls. SWAT was able to
supplement the road when necessary and also continue with its
aggressive patrol and enforcement. SWAT continued to respond to high-
risk calls and were additionally responsible for twenty-two physical arrests
on the Bravo Shift alone. The charges ranged from Possession of Cocaine
to Domestic Battery. The team set the pace before, during and after the
storm. The ceiling had massive leaks throughout the entire designated
SWAT area that caused the acoustical ceiling tiles to fall out. The space
itself was limited. This forced some team members to have to sleep on top
of bookcases or on the wet floor. Additionally, there was indication at one
point that members of the general public were going to be allowed into the
designated police area in the shelter, as intended by the Red Cross. Not
only did officers have their duty gear, but also personal items. This would
be especially applicable to SWAT members due to them having
equipment such as fully automatic weapons, assault rifles, ammunition
and night vision devices. Members of the PD were instructed to bring two
10
days worth of food. No provision was made for the time when officers
were forced to stay beyond this time. A contingency for spare batteries
was not addressed. This became critical at a point when Officers were
scrambling for any batteries with any power. The general condition of the
vehicles that we used was also an issue. I believe it was a concern with
most of the vehicles that were used throughout this event.
RECOMMENDATIONS:
1. A special area in a designated shelter should be assigned for Police
personnel's families.
2. Define and designate who is authorized to be in the PEOC and post an
officer to enforce the designation.
3. The city should acquire sleeping bags or military cots from a military
surplus store. These items are to be kept in the cities warehouse for
police personnel only in emergency situations.
4. The city could purchase MRE's [meals ready to eat] from a military surplus
store.
ISSUE:
1. Logging of hours and payroll (who is 11.5 hrs, who is 8 hrs, who is salary,
and how does the time get properly logged so that personnel are properly
paid).
2. Continuity between how the shifts were supervised.
3. Continuity of the filing, transfer coordination and storage of documents.
4. Communication between the EOC and PEOC was problematic.
Communication between the PD and other city departments (there was no
access to Nextel numbers for other departments given to the PEOC,
therefore we had no way to communicate when departments were not
answering EOC phones).
5. Food and water for the officers.
6. The overtime slips were a disaster. They were filled out differently by
officers that worked the same shifts. No clear direction was given.
7. Some supervisors for the road filled out OT slips for "their platoon's
officers" and not all officers who were 10-8.
8. There was too much work for one scribe on day shift on both platoons,
being the collector of information, the disseminator of information, and the
point of contact for every city department, county agency, state
governmental body and the federal government is too much work.
9. There was no template or clear-cut direction on the traffic signals and
power outages. When day shift was asked questions about the work done
on night shift (or lack thereof) it was obvious that there was not clear
communication between the night shift and the day shift.
10. Again lack of continuity of supervision between day shift and night shift
was ridiculous.
]1
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IMPACT:
1. Officers felt cheated, despite the best efforts of the scribes to keep the
hours as best as possible.
2. There was neither clear direction nor communication nor any continuity
between the staff officers (Lt's) in the PEOC, therefore the operations
were literally night and day. Day shift had to "start over" every morning.
(Example: finding new phone number listings for the phone answerers).
3. The "Frances" file box was kept in the PEOC wherever it was located.
Day shift documents made it to the box and were organized accordingly.
There are few if any night shift documents (lineups, outages, inventory,
etc.).
4. When at BMH and at EOC/PEOC locations, it was nearly impossible to
communicate with the EOC due to the fact that the phones were not being
manned at the EOC yet and that no one was in their offices. Furthermore,
no information regarding the city Nextels or cell phone was passed to the
PEOC. (Chief Bingham had to call people for us when he stopped in the
PEOC at BMH). We needed a listing of the city cell phones or extensions
to reach key people.
5. Officers brought some food and water, but could not physically bring
enough.
6. Some clarifying information was included in the plan, but it was not
followed, leading to confusion.
7. Call-ins caused some officers problems as they planned their preparations
around their work shifts.
8. Sorting through, deciding what was correct, and chasing down slips for
each officer was time consuming and redundant. There was a log already
completed on a spreadsheet.
9. In a situation like this, teamwork is key; and who works on whose platoon
should not matter.
10. Mass confusion resulted on day shift after both storms on trying to read
the power outage reports. Confusion continued and worsened when
trying to use the traffic signal report.
11. Day shift had to re-do or do the work from the night shift in addition to the
work that needed to be done on day shift.
RECOMMENDATION
1. Have a payroll employee make a template to be utilized during this time of
Emergency or make some payroll employees "mandatory employees" so
that it is recorded properly to begin with. Contracts need to address
emergency pay. Explanations of the pay need to be provided with the
checks.
2. Clear direction as to expectations regarding how the PEOC should be run.
3. It is essential that the PEOC have all phone numbers to whoever may
need it during this type of event as PO is contacted by the public for
12
everything, especially when the city departments are not working or not
answering their office phones.
4. The city needs to provide food and water for its emergency workers as the
other cities around us do. (As FD and utilities did for their people).
5. Follow the plan or rewrite, revise or write a new plan.
6. Before the shifts commence, (like sometime during the week before the
storm hits), command staff needs to get with payroll clerks and come to an
agreement on how to best handle the paperwork. Decisions at the last
minute cause too much confusion with little or no direction.
7. Having a full time assistant during the time the PEOC is active and for at
least 2 days after it is broken down is a must. Each storm brought
enormous amounts of paperwork and I was unable to handle it all in a
fashion that my superiors and I are accustomed to.
8. A user friendly format for those of us who are responsible for gathering,
inputting, disseminating and faxing the information must be developed, or
training on the systems that they were using before the next storm.
9. Clear direction of expectations, duties and responsibilities should be made
at the start and then follow through with consequences if they are not met.
PO Response Stats
HURRICANE FRANCES
Weather effects and landfall on September 5, 2004
For the period 9/5/04 to 9/19/04 - Total Incidents handled by Zone:
Zone Incidents AVQ. Response Time AVQ. Hold Time
1 108 10:09 10:03 Minutes
2 116 12:52 9:29
3 168 5:17 4:15
4 149 7:21 9:47
5 155 7:11 8:44
6 97 8:19 8:02
7 225 7:59 11 :47
8 19 7:28 6:24
9 86 8:28 9:33
10 140 12:52 9:39
Total 1263
Hold times for these incidents is not reliable due to the transfer of
Communications personnel from the Bell South facility back to the City Hall
complex. Incidents received and recorded at Bell South were stacked and then
entered into CAD for dispatch at some point after the move back to the
permanent facility.
13
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Traffic Crash statistics 9/5/04 to 9/19/04
Number of Crashes 82
Number of Crashes related to storm damage (debris or non-functioning signals)
11
Number of Crashes for the same time period in 2003 78
PD ReSDonse Stats
HURRICANE JEANNE
Weather effects and landfall on September 25, 2004
For the period 9/25/04 to 10/4/04 - Total Incidents handled by Zone:
Zone Incidents Avq. Response Time Avq. Hold Time
1 71 6:54 13:17 Minutes
2 116 6:24 14:42
3 122 6:56 17:14
4 138 4:29 28:51
5 153 7:53 14:12
6 101 9:20 34:30
7 213 8:26 14:12
8 29 18:44 19:38
9 67 8:06 18:54
10 134 9:34 15:48
Total 1144
Traffic Crash statistics 9/25/04 to 10/04/04
Number of Crashes 99
Number of Crashes related to storm damage (debris or non-functioning signals)
17
Number of Crashes for the same time period in 2003 42
14
For Comparison - Total Incidents handled by Zone for all of calendar year 2004
Zone
Incidents
AVQ. Response Time
AVQ. Hold Time
1
2
3
4
5
6
7
8
9
10
1966
2842
3566
3308
3495
2158
5066
941
2293
3343
6:57
6:17
5:02
5:45
7:05
9:38
7:48
8:03
8:13
9:13
7:33
6:43
6:09
7:11
7:32
7:33
7:12
8:35
6:43
7:50
ISSUES: FD
1. The Fire Rescue Hurricane Plan was updated in March 2004 by staff and
rank-and-file members with input from representatives from Local 1891.
While the plan served us well in the pre-event and post-event phase of the
storms, several changes are being considered to provide contingency
plans for extenuating circumstances such as those addressed this past
season.
2. Due to the realization that we would be dealing with Category 2 maximum
storms, the decision was made to occupy existing stations instead of
relocating to alternate sites. While there was some concern of the
structural integrity of the stations, this concern was outweighed by the
logistics necessary to relocate. Fire Rescue personnel shuttered their
own stations so that Public Works could concentrate on other city facilities.
3. Per the Hurricane plan, Fire Rescue divided the City into an East and
West operational zone with a Battalion Chief and Captain assigned to
each zone. One additional shift was called in and one shift kept home and
in reserve for post-hurricane duty. We staffed an additional engine and
rescue unit, as well as placed two 2-person "wires down" truck on the
road, and a two-person logistics support team. We were forced to assign
approximately 12 personnel to the Boynton Beach Community High
School Shelter and actually opening up a mini medical clinic there to
handle the medical needs at the shelter. We also provided two firefighter /
paramedic personnel to the dispatch center to assist in the screening and
prioritization of emergency calls.
4. Fire station 2 was not on FPL's power list for a number of days. It appears
that their priority on FPL's power restoration list was ignored.
5. Fire Station 2's generator failed and needed to be replaced by a portable
unit from Utilities. The generator has been deemed non-repairable. This
issue will be resolved with the new Fire Station #2 which includes an
appropriate generator.
]5
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6. Seventy-six of 111 total Fire Rescue Operations Personnel and many staff
members assisted in the hurricane effort. The overtime expenditure for
Fire Rescue operations totaled $49,034.85 as a result of the storms.
Hurricane-related regular time expenses for all city employees totaled
$158,665.92 and regular time for exempt employees totaled $36,594.40.
Reimbursement documentation was immediately forwarded to FEMA.
Reimbursement will offset a portion of the hurricane-related salary and
overtime expenses to the extent that the expenses were used to provide a
service above that which would normally be provided, as well as provide
reimbursement for some other expenses such as equipment that was
damaged or destroyed as a result of use during the hurricane event.
While several departments expressed problems with overtime
compensation, there were no reported problems with Fire Rescue payroll.
7. We logged over 300 fire and rescue calls during the two storms, most of
them occurring during Frances and many "held" until we were able to get
back on the road safely. Fortunately, most of the calls that were held were
non-life threatening. Several callers were directed by phone on medical
treatment from Paramedics assigned to the Dispatch Center. Immediately
after Frances, we cleared approximately 130 calls within 5 hours.
8. Station over-crowding was expected and overcome. In additional to an
entire extra shift on duty at the three fire stations, we also made
accommodations for several Florida Public Utility crews, as well as three-
2-person American Medical Response units at Fire Station #3. These
groups used the Community Room for the duration of the storm. Having
the gas company and the ambulances working with us enhanced our
ability to respond to calls and increased the availability of emergency
response units.
ISSUES: COMMUNICATIONS
1. Our public safety dispatch center was moved to a remote facility. Halfway
through the storm it had to be relocated back to city hall due to emergency
fuel concerns at the remote facility. The fuel shortage situation was later
determined to be unwarranted. It was revealed that there was more than
adequate fuel in the generator tanks. Apparently no one knew how much
fuel was being burned per hour or how much fuel was actually in the
tanks. There was no technical assistance provided by Southern Bell, the
proprietors of the building.
2. It was unclear how much emergency fuel remained at the public safety
tower site. Given the extended period of power outage with hurricane
Frances, we question how much longer we could have remained on line
with the generator.
3. When the city's communications division moved to the remote dispatch
site, staff members forgot to transfer the fax machine out of dispatch. A
stack of blast faxes were found on the machine in the empty dispatch
office after it was noticed that we had not been receiving routine blast
faxes from the county EOC.
]6
4. When told to move back into the City Hall facilities, several dispatchers
(and a supervisor) refused to do so, even though the winds were only
projected to be at a Category 2 level (a level not considered dangerous by
building officials and during which the City Hall building was safe.). This
issue was subsequently handled with intervention from the City Manager.
5. The Communications Division's responsibilities, as outlined in the city's
organizational chart, include amateur radio and cellular telephones. Both
those issues were not addressed by Communications. To our knowledge
there was no involvement by communications in either amateur radio or
use of cellular phones prior to, during, and after the storm.
6. ISSUE: Transferring the Communications Department to the Bell South
Building on Hypoluxo Road in order to connect the E-911 lines. This
building was on a generator that was expected to last 24 hours.
IMPACT: Confusion exists regarding who makes the decision as to when
the City of Boynton Beach EOC should make the transfer to the alternate
site. The Communication plan states that moving the equipment and
personnel during a storm with a Category 4 or higher. Other department
plans show the move occurring at a level greater than a Category 1.
RECOMMENDATION: Generator should have the capability to operate in
the facility to secure adequate coverage in all areas. The
Communications Hurricane Plan needs to include a provision delineating
responsibility for major decision-making or delegate these responsibilities
to police or fire. Plans also need to be consistent regarding the change to
an alternate site.
7. ISSUE: Determination of viable alternative to City Hall Communications
Center.
IMPACT: Dispatch personnel need to be assured that they will be
operating in a safe and effective environment with all the necessary
equipment and supplies for a long-term 24/7 operation.
RECOMMENDATION:
Meet with representatives of the County Emergency Operations Center
and BellSouth for an alternative site in case we would have to evacuate
City Hall Communications Center. The Communications Director will be
investigating alternative sites and the accommodations they can provide
before the next hurricane season. We have contacted BellSouth and we
are going to come up with a solution to resolve the issue of handling E-
911 calls in an expeditious manner. The next alternative is the Palm
Beach County Dispatch Center. Dispatching from the Delray or Boca
Raton site is also an alternative and can be provided through a simple
interlocal agreement.
8. Surprisingly, the radio system worked well throughout the emergency. It is
a known fact that the radio system has gone down under much less
severe situations.
9. A lesson learned was that much of the post-storm radio traffic is direct
between the P.E.O.C. and the supervisors/officers in the field, thereby not
requiring a Dispatchers involvement. As such, a Tactical Channel (A4)
17
_....~,,;_,~~.-. ",,'""~"."A'
was established to allow for such chatter. This was done to free up
dispatchers to maintain focus on attending to the needs of officers and the
public.
10. When possible, officers assigned as security for Communications should
be those who have CAD. training. This also provides relief to
Dispatchers.
11. The unforeseen shortage of fuel for the generators at the Bell South site
became a major safety issue. This ranged from the potential loss of the
radio and C.AD. systems to jeopardizing those who would have been
called out to fill the tanks during the storm (along with the security detail
that would have been sent with them).
Information and Technoloav
ISSUES:
1. Cell service: Failure of cell services especially with Nextel. Inability to
communicate with staff to share information. Potential impact to public
safety and first responders. Unable to contact Department Heads,
employees and unable to affectively communicate with the media and
outside agencies.
2. DamaQed PC's: Most PC's were left unprotected without plastic wraps
thus exposing them to water damages sustained from leaky roofs. Hard
drives and UPS units should be place on higher grounds.
3. Information Hotline: Employee and Citizen Hotlines should be
independent of the city's PBX system. In the event the east wing suffered
similar roof damage as the west wing sustained, the city's primary PBX
phone system would have been destroyed. This would prevent any
ingoing and outgoing calls to the primary city hall numbers, the EOC and
the information hotline numbers.
4. Voice Mail: Congestion of saved voice mail messages overload the
message queue. Since the voice mailbox is a single reservoir for leaving
messages, it impacts everyone when messages are "heard" and then
saved. To accommodate the EOC to update the information hotline, ITS
had to delete several mail box messages dating back several months.
5. EOC Technical Readiness: Better technical coordination between ITS,
Utilities and Fire to determine needs and preparation at the EOC.
Hurricane plan should include post cleanup and redeployment of
equipment, message retrieval, follow up, etc. Since most of the laptops
and other computer devices were configured on the city hall domain, some
modifications were needed to accommodate the utilities domain at the
EOC.
6. AM radio station: As with the citizens and employee hotlines, the AM
radio station should be accessible from outside private lines without
jeopardizing security. Failure to the PBX would hinder the ability to provide
timely update.
18
7. E-Mail and Blackberrv devices: ITS staff communicated via e-mail
messages utilizing the blackberry devices. This was a major strength with
the various communication devices that failed to perform leading to, during
and the aftermath of the hurricane.
8. Card Reader: Unable to access the building when power is lost to the
card reader. If ITS support were needed to resolve issues, staff would not
be able to access the data center.
9. Lack of a technology system for updating and tracking requests, statuses,
contact information, etc.
IMPACT: Less than optimum availability of current information for
providing to the public and other agencies. Inability to completely track
and prioritize situations. Excessive time required contacting appropriate
personnel/agencies.
10. Information Technology issues relative to dislocation and service
disruptions brought on by the emergency.
IMPACT: Inability to login to City network or utilize IT resources like PC's
and printers in a new location, e.g. at the EOC. Inability to change the
phone message for employee/citizen hotlines.
11. Communications breakdowns due to power outages, phone system
failures and employee dislocation.
ADDITIONAL COMMENTS: The Dialogic system could also be used to
make contact with the public. Information could be given to the public
regarding the emergency and they could respond back to questions like
are they OK, do they have power, etc. Any contact by the City showing
that we are there and concerned about the citizens' welfare would go a
long way toward reassuring the public.
IMPACT: Inability to contact and coordinate with employees without
updated phone/contact information that may change if the employees'
primary phone service is out or they have relocated due to the emergency.
12. Leveraging our investment in GIS technology.
IMPACT: Potential tools for Geographically representing and visualizing
the emergency are underutilized.
13. Due to the failure of the Nextel system, portable radios were relied on
exclusively and to the extent that they were in short supply.
14. There was no ITS personnel assigned to any activities during and
immediately after the storm. Fire Rescue handled all the phones and
computers at both the public shelter and both city EOCs.
15. There were a number of issues relating to network access that a member
of the ITS staff could have resolved (connections to printers and email at
the Utilities Admin building).
16. EOC equipment such as fax machines and printers had to be found.
Those machines used in the center during the storm (Utilities fax and
printer) were taken back prior to the EOC was shut down. A printer from
Police and Fax machine from the FD was also relocated to the EOC.
19
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RECOMMENDATIONS:
1 . Cell services: Diversify the cell carriers with backup phones, reducing the
dependence on a single carrier. Cingular and Verizon feared much better
during both storms. Research other carries infrastructure and disaster
activation readiness and deployment plan before entering into an
agreement for cell services. The City utilized secondary Cingular phones
during the second storm with success.
2. Damaqed PC's: ITS updated pre-hurricane instructions to remind staff to
properly wrap and secure PC equipment such as hard drives, monitors,
printers, speakers, and UPS units. All items should be placed on high
grounds. ITS sent an e-mail to everyone before hurricane Jeanne to
protect his or her computers as per instructions above.
3. Information Hotline: A hardened EOC hosting the data center and
communications department would provide the best location for the vital
network infrastructure. I believe Fire Station #5 is being considered for a
harden EOC. Until an EOC is available, we should reserve two 1 FB
(business lines) from Bellsouth. The business line would be independent
of the city's PBX unit. We should be able to access the lines from
anywhere to leave and update messages.
4. Voice Mail: ITS will update the hurricane preparedness plan to remind
everyone to listen and delete voice mail messages. The PBX upgrade
scheduled for fiscal 04-05 will have features to control the disk space
requirements for each mailbox. This will prevent a single user from locking
down the voice mail system. The PBX installation is scheduled for
implementation in March 2005.
5. EOC Technical Readiness: ITS will update the hurricane plan by working
with the Fire Rescue Department and other city staff to determine the
technical requirements prior to the activation of the EOC. Post EOC
coordination will also be included.
6. AM Radio Station: While staff would be able to record and update
messages from the tower base in case the city phone system went down,
this may not be a safe alternative. We need to expand the readiness and
the capability to update information on the radio station from non-PBX
phones within the city.
7. E-Mail and Blackberrv devices: The blackberry handheld device is a
single, integrated device for all your data and voice needs. A new feature
allows direct to direct communication in case e-mail is down. RIM
(research in motion), the makers of the blackberry devices has software
integration with several phone carriers including Nextel, Cingular, and T-
Mobile. I would recommend adding the blackberry devices to the vital city
staff including public safety and EOC staff as another layer of
communication. Since power was lost for a lengthy period of time after the
hurricane, car chargers would be strongly recommend for the hand held
devices.
20
8. Card Reader: The card reader doors should be connected to the building
generator system. Other option would include a default for the doors to
open if power is lost and/or providing keys to primary entrances for
department heads or supervisors. Distribution of keys can be part of the
hurricane preparedness and return after deactivation of the EOC.
9. An in-house groupware/web information gateway system similar to the
County's EM2000 system that would provide access to situation reports,
requests, task assignments, contact information, attachments, etc.
relevant to the emergency. Information would be readily available to
provide continuity among shifts at the EOC and across areas of
responsibility. Action items and statuses could be readily determined.
Emergency action plans could also be referenced here.
10. An identified IT representative on hand with administrative privileges to
unlock accounts, reset passwords, and provide access to network
resources. Representative on hand with knowledge and access to
administer the City phone system.
11. A current database of employee contact information including cell phone
number/carrier (Verizon, Nextel, Cingular, etc.), and email addresses. A
database could be established which each employee could access
through a web browser in order to update their specific information
(complete database could be password protected.) Utilize the Dialogic
Communicator reverse 911 system to contact employees, determine their
status and provide information on callout. Displaced employees could
also call in to the system to update their contact numbers. System can
also send notifications via email and fax. System also can be used to
autodial strategic employees and set up a phone conference.
12. Use GIS to map the electrical distribution system and track feeder lines.
Graphically identify High priority facilities for electricity and whether they
currently have service or not. Track flooded areas, impassable streets,
inoperable traffic signals, damaged structures, etc. Real-time tracking of
police and fire incidents. Pre-incident analysis of areas prone to flooding
for possible impacts on operations.
13. Purchase additional portable radios in the UHF band.
14. An assigned member of ITS must be available before, during, and after
the disaster. That individual must have access to equipment and reliable
communications (cell phone, portable radio, etc.) in order to be dispatched
to respond to specific needs.
The assigned ITS staff member should be able to provide access to all city
network systems and files.
A. Expand city telephone hot lines to include numerous messages _
Dialogic system.
B. Some computer web sites were blocked and therefore access to
certain disaster related information was also blocked.
C. Redundant cellular telephone communications - Nextel service
failed, both direct connect and cellular telephone.
21
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15. A dedicated set of office machines should be set aside only for use during
a disaster (or at least dedicated for the duration of the storm and recovery)
Emergency Public Shelter - Boynton Beach Community High School
ISSUES (FO): Overall FO operations were handled professionally and with a
great deal of compassion. There are however, some concerns that should be
addressed in the event we find ourselves in this situation in the near future.
Facilities
1. The designated EOC (faculty dining room) was inadequate to say the
least. Once power was lost to the school and the generator "kicked" on,
the EOC was in the dark. The generator did not power the lights in that
particular area. There is only one designated emergency receptacle
available in the entire room. There is no cable access in the room.
The decision was made to move the EOC to the administrative offices,
which had limited but adequate power.
2. The emergency generator shut down approximately every 6-hours leaving
the school in darkness. At no time was the building air-conditioned after
the initial power-outage. School Police worked with FO to restart the
generator during the remainder of the event.
3. It would have been helpful to have maintenance personnel on site to help
facilitate with the generator issues as well as locating electrical panels and
having a basic working knowledge of the school.
4. The main portion of the shelter (gym) sustained multiple leaks from the
storm. FO and Red-Cross members, distributed garbage cans in and
around the gym to collect the water.
5. FO was able to find adequate sleeping quarters in the vocational
classroom at the south end of the school. The room had a few mattresses,
one bed, TV, washer/dryer, and shower. It was home away from home.
Cots should be provided for all FO personnel stationed at the shelter.
ISSUES (PO)
The conditions were accommodating in relation to space and personnel
assigned. However, there were unforeseen power and phone issues as the storm
progressed. The school's backup generator would malfunction causing a
complete blackout in the media center. All phones would cease to function as
would all sources of power.
22
When the generator was operational there were no power outlets in the Media
Center that were functional. The only power supplied was the emergency lights.
We had to allocate some extension cords and run one line directly to the
generator itself. This created a small problem, as there were not enough cords
located to go all the way around the building up to our location. We then had to
improvise and run what cords we had through some windows to allow us the one
power source needed. This created an obvious issue that could not be avoided.
We then could begin to recharge portable radio batteries to maintain
communications with the Road Units and the EOC/PEOC.
There was very little in the way of facilities for personal use. We were limited to
separate male and female bathrooms that proved to be of little use when the
generator was out, as there was no lighting at all inside. There was one shower
afforded to us for use that was downstairs in a science classroom's bathroom. To
access this, one had to walk through an open corridor downstairs exposing one
to poor weather conditions. Once you arrived in the classroom it was found the
lights did not work in the shower stall and the door had to remain open so you
could see. The classroom door had to be left open so the door would not lock, as
we were not given access to a key. This left one exposed to anyone that would
walk in. On top of that you were then exposed to an ice cold shower, as the
generator did not supply any power to hot water heaters. Over time this became
an issue with the officers.
During the storm the roof began to leak into some areas of the media center.
This was obviously an unforeseen issue, however it created a major issue in my
eyes. The previously mentioned power source was now in jeopardy as the floor
became wet right in the area we had to run the emergency electrical supply. This
in turn created two new issues, a dangerous work area and the possibility of
completely losing power.
Sleeping accommodations were acceptable until the roof began to leak. Officers
were sleeping on the floors in sleeping bags or on personal air mattresses. Once
the water came in this became an issue and we improvised by sleeping on table
tops/bookcases. The designated SWAT room sustained the worst water damage
as the roof leaked heavily in this area with ceiling tiles collapsing onto equipment.
In the beginning the officers came prepared with enough food supplies for two
days as instructed. Over time it became an issue with the officers when and if the
City would supply them with a meal. Arrangements were made with the Boynton
Ale House to have food offered to the personnel at Bethesda brought to the
personnel assigned to the High School. This was an unexpected surprise and a
big relief for the officers. Publix at 4700 N. Congress Ave graciously opened
their doors once the storm passed and allowed officers to get food, even though
they were without power. Once the storm passed and we were dispersed from
the shelter, this issue seemed to dwindle.
23
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Communications (FD)
1. Nextel service was lost early on in the storm with sporadic service.
2. The 800 system (XTS3000R) portable radios were flawless throughout the
event. The only need would be to purchase extra batteries and bank
chargers.
3. Campus Police provided FD with one of their portable radios. They in turn
contacted us when emergency services were required. The system
worked well however, when the generator shut down all radio
communications with campus police ceased. Power to the repeater was
lost.
4. Ham operations seemed adequate (when staffed).
5. Land line telephones went down early in both events.
Defininq Roles (FD)
1. It is paramount to establish strong leadership via the Red Cross to ensure
the shelter operates smoothly. In many instances it seemed BBFRD was
providing the majority of the leadership, not the Red Cross.
2. Establishing a unified command structure in the EOC with at least one
representative from the Red Cross, BBFRD, Campus Police and school
maintenance personnel, would have greatly enhanced the effectiveness of
this operation.
3. FD personnel are on site to provide emergency medical services for all
occupants of the shelter. BBFRD accommodated many people with BP
and blood glucose checks however, it is just too much to ask FD
personnel to vitalize 1000 plus people during an event such as this.
4. The Campus Police were excellent to work with. They were extremely
accommodating and helped any way possible.
Medical Supplies (FD)
1. For the most part the medical supplies were adequate. A Lifepak-12
portable battery charger would have been a good addition.
2. Flashlights, rain gear, and batteries were needed after the storm had
begun.
24
ISSUES:
1. There were a significant number of citizens who required medical
attention, severely taxing our limited EMS staff assigned to the shelter.
Once the County's special needs shelter was full (500) they closed their
doors and forced hundred's of other evacuees with medical needs to go to
other local shelters.
2. There were no school maintenance personnel on site at the shelter, when
the main generator went down there was no one there to repair or
troubleshoot the equipment. Imagine 1500 people without power or air
conditioning, all sitting in one large darken room. The next time the
shelter was opened we were given assurances that the generator was
fixed and that there would be maintenance staff on site, the generator
failed again and there was no one on site to assist.
3. At one point, the Boynton Beach Police Department personnel took over a
large area of the shelter for their own use. Having that area taken out of
the general public shelter space caused a great deal of difficulty for our
staff members and the public. They had their own food cooking and
generator power when the public was without power or warm food.
Needless to say it was not a good public relations moment, not to mention
the taking up of needed shelter space.
4. Paramedic Medical Care: Boynton Beach High School Shelter Operations
consisted of nineteen Firefighter / Paramedics working with approximately
1,100 people displaced from their homes. Our original commitment to the
Red Cross was 4 - 6 personnel, but grew as the demand for medical
assistant increased and as unanticipated "Special Needs" patients arrived.
A total of 28-patients were treated for various conditions ranging from
hyperglycemia to chest pain. County Palm Tran buses to the special need
shelter in West Palm Beach, early on in the event, facilitated via the
County EOC, transported a total of four special need patients. Boynton
Beach Fire Rescue Department (BBFRD) transported a total of 5 patients
to local hospitals for the following conditions:
2 patients suffering from chest pain
1 elderly male with bradycardia (heart rate of 48)
1-pediatric patient with high fever/lethargy
1- patient suffering from DT's (delerium tremors)
BB Police Department transported 1 male patient to BMH for mental
evaluation. BBFRD paramedics set up a first aid clinic and provided
countless blood pressure checks, blood glucose monitoring, and public
assist type activity (lifting people off the floor and returning them to the
floor, etc.). BBFRD paramedics also provided breathing treatments
around the clock for a pediatric asthmatic patient.
BBFRD paramedics managed an elderly gentleman with chest pain throughout
the event after regular 911 operations were suspended.
25
RECOMMENDATIONS:
The following issues and recommendations were noted at the Boynton Beach
Community High School shelter location:
1. Occupant Load of 2700 was too high.
2. The areas designated for use during hurricane differed on Fire Rescue
Department plans and Red Cross list.
3. The EOC room for Fire Rescue Department doesn't have lighting on
generator power and it has only one outlet powered by generator.
4. At least one-school personnel with electrical/mechanical experience needs
to be on site during hurricane.
5. Cooking equipment in kitchen should be operational during power loss, on
generator.
6. The upstairs library room was commandeered by the Boynton PO
eliminating space that was intended as shelter area.
7. Outlets, powered by generator, should be provided in gym and cafeteria
for use during power outage.
8. Lights in rest rooms should work off generator especially in gym and
cafeteria a rea.
9. If possible, the lights in gym and cafeteria that work off generator should
be able to be turned down or off so people can sleep.
10. Small cots should be provided for fire department personnel that will be
staying at shelter.
11. Walkie Talkies were needed for personnel on site for constant
communications when other means go out of service.
The occupant load number wasn't accurate due to different accounting by Red
Cross volunteers, people walking in and not registering, people placed in room
with no restrooms facilities, having to go outside to reach restrooms (Red Cross
had the music room on their list to use for elderly and disabled when the
bathrooms were outside.) People with Special Needs were coming in, volunteers
needed to be aware of the definition of Special Needs and have the information
available to send these people to the proper shelter.
On generator power, some outlets functioned but when the breaker tripped due
to overload from a microwave and toaster, we could not find the breaker. These
outlets were needed for running battery chargers.
Trying to maintain aisles and exits was challenging, once we approached the
1000 occupant load mark.
NOTE: The Red Cross was notified immediately upon the departure of all
victims of our concerns with this shelter site. They have been asked to review
their policies regarding staff as well as the advertised occupancy load of this
facility. It can actually handle about one/half of the occupancy currently
designated. Much of the shelter was taken over by the PO SWAT, but the reality
is that they needed a dedicated place to stage due to concerns about their
weapons, they were not in a position to "share" space with hurricane victims.
The obvious better solution would be to find better quarters for SWAT. We also
26
expressed our concerns about the false promises made by the Red Cross
regarding a commitment by the school to ensure a qualified and dedicated
person to deal with the generator problems that existed throughout both storms.
Procurement and Supply LOQistics
1. ISSUE: The distribution and purchasing of water.
IMPACT: By not having water on hand you are subject to supply and
demand.
RECOMMENDATION: To purchase two pallets of water at the beginning
of hurricane season and store it at the warehouse. Water has a shelf life of
9 months. Which would cover us for each hurricane season. If the water is
not used during the hurricane season, it can be donated to a non-profit
organization.
2. ISSUE: The distribution of food.
IMPACT: Unable to satisfy the wants of every department.
RECOMMENDATION: Due to the fact that the only food the warehouse
can purchase in advance are dry goods, and these are not the types of
food that employees are requesting, it will be up to each individual
department to purchase their own food.
3. ISSUE: Food for recovery effort
IMPACT: Operating departments were fed inconsistently. Some ate well.
Others had nothing. This caused morale problems
RECOMMENDATION: All employees need to be told to prepare their own
food for at least a two-day supply after the storm event. Nobody had time
to worry about food in the first few hours/days. After two days, and while
in the recovery phase, provide a centralized feeding location. It is
suggested that Madsen Center be used since the building is on generator,
until a new EOC is in place. Purchase the necessary refrigerators and
freezers. Assign staff such as HR or Finance to procure food and/or
catering as part of their emergency plan.
4. ISSUE: Additional staff to assist warehouse.
IMPACT: To reduce the workload of current warehouse staff.
RECOMMENDATION: To have the "buyers" hurricane classification
changed from C to A. Have them report to the warehouse to assist the
warehouse personnel in obtaining supplies and inventory for city
departments.
5. ISSUE: Delivery of material to make safe the city's assets.
IMPACT: Request to deliver protective material on Thursday was denied.
Staff was instructed not to attend work on Friday so the equipment would
have been left unprotected if the staff did not make an effort to find other
means to take care of the issue.
RECOMMENDATION: Deliver protective material as soon as a Hurricane
Watch is established.
6. ISSUE: The Visqueen and duct tape were provided very late.
27
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IMPACT: By the time we received the Visqueen and duct tape, the "C"
designated employees were told they did not have to report for work. If
we had received the supplies earlier, we would have been able to begin
wrapping and moving our records into the vault.
RECOMMENDATION: Perhaps it would be wise to provide City
departments with Visqueen and duct tape at the beginning of hurricane
season in order to get a jump on the wrapping that is required. If the
storm does not come our way, we can hold onto the supplies for a future
event.
Emeraency Fuel Supply / Generators
ISSUES:
1. Emergency power generation at Critical Municipal Facilities
IMPACT: Fire Stations, City Hall, Utilities Facilities trying to operate in
situations that require electrical power 24hrs a day are not capable of
doing so because of power generation below capacity.
RECOMMENDATION: (A) Auxiliary power units must be capable of
powering the entire critical facility and all of the functions of that facility
including A/C, computers, etc.; (B) Develop a contingency plan to bring
more fuel (staged) into the city and hold it until after the storm.
2. Fire station No.2 was listed on FPL's list of critical facilities, however
power was not restored there for almost a week.
3. The generator at Fire Station #2 broke down and was not repairable. A
remote generator had to be brought on scene to supply emergency power.
This incident brought home the fact that our stations need to be pre-wired
in order to allow back up generators to be quickly connected to these
critical facilities.
4. Our remote dispatch center almost ran out of diesel fuel, thus prompting
the moving of personnel and equipment in the middle of the storm. It was
later determined that someone may have misread the amount of fuel in
the tank.
5. ISSUE: Fuel Trailer or Truck sufficient for carrying and delivering larger
amounts of fuel.
IMPACT: Fuel tanks in the (3) pick-up trucks were not able to keep up
with the fuel consumption of Master Station Generators and Lift Station
portable Generators. Also personnel assigned to this task were unable to
attend to multiple tasks because of the long time period of performing the
re-fueling.
RECOMMENDATION: Could D.P.W. "Fleet" consider this as an option for
re-fueling needs during future storm events? The Utility Dept. could fund
the Capital Purchase.
6. ISSUE: Stand-By Emergency Portable / Stationary generators.
Current amount on hand is 16 Units or approx. 10% of the system (150
stations ).
28
IMPACT: Was not enough to move around the city to all of the stations
without power. Both storms left us with between 100 and 125 of 150
stations without power after the storm. FPL did not return fast enough to
maintain the collection system effectively.
RECOMMENDATION: To properly budget additional portable and
stationary emergency generators. Re-evaluate sufficient amount.
Post-Storm Traffic Control at Intersections
ISSUES:
1A. A significant number of intersections were without traffic lights, stop signs
or traffic enforcement personnel. These intersections posed a very
serious hazardous condition for all drivers and pedestrians; in fact one
unfortunate driver was killed as a result of not having a traffic control
device at an intersection. The lack of traffic control also caused a major
concern for our fire rescue personnel. Many intersections were gridlocked
with traffic that caused numerous delays of emergency response
apparatus. No police officers, traffic enforcement aids, COPs or stop
signs were used in the intersections. It wasn't until a number of days later
that some stop signs were put in the intersections. These intersections
were particularly treacherous at night when there are no indications that a
major intersection is ahead.
IMPACT: Traffic accidents after the storm, many serious accidents.
RECOMMENDATION: Maintain police or trained traffic authority presence
at major intersections where traffic signals are not operating. Traffic
management should be part of the revised Hurricane Plan (PO).
1 B. Driver safety at intersections where traffic signals are out.
Certain intersections will require traffic direction by qualified personnel.
IMPACT: Stop signs were placed at intersections around the city where
traffic signals were non-operational. This is not an adequate solution for
major intersections that are wider, have multiple turn lanes and high
volume traffic. It is more difficult for drivers to maneuver through these
intersections. The result is much slower traffic flow, impatient drivers
taking more "chances", and ultimately vehicular collisions.
The Police Department personnel allocation is targeted toward patrol and
responding to calls for service. The result is not enough personnel
available to direct traffic at the subject intersections.
RECOMMENDATION: The Police Department could increase qualified
personnel by creating a Police Reserve or Auxiliary Force. A reserve
officer is sworn and state certified to make arrests. An auxiliary officer is
non-sworn and meet state criteria but cannot make arrests. Both reserve
and auxiliary are armed. The Police Department could use the additional
personnel to assign to major intersections when traffic signals are non-
29
~"~.~~_._e,'__^, .,,,,. ~"~""'I'.,
operational after a hurricane or for traffic control/direction during other
disasters.
Reserve and auxiliary officers are non-paid volunteers and are normally
required to work a minimum number of hours per month and to report for
duty during hurricane and other disaster incidents. An excellent example
of a highly utilized and well-run reserve and auxiliary force is the City of
Daytona Beach. The cost of such program is the same as equipping and
training a police officer minus the salary.
Post-Storm Traffic Control at Intersections - Police DeDartment PersDective
ISSUE:
A significant number of intersections were without traffic lights, stop signs, or
traffic enforcement personnel. These intersections posed a tremendous
inconvenience for everyone, and in some instances rose to a level of hazard that
required intervention on the part of law enforcement. Traffic flow slowed
significantly, which also impact emergency response to calls for service. Stop
signs were erected within seventy-two hours following the first hurricane, and
within six hours following the second.
IMPACT:
Slower response times, slower traffic, more congestion. On the other hand,
volume of accidents decreased during the period where traffic lights were not
functional.
RECOMMENDATION:
As was done when the second hurricane passed, formal plans should be laid out
for Public Works personnel to place STOP signs at intersections where the lights
are not fully functional. Public service announcements should be expanded to as
many local radio and TV stations as is possible to warn motorists that they
should exercise caution and care when approaching all intersections; that
intersections without functioning lights should be treated as four-way stops; that
intersections that have traffic control lights that are only partially functioning are
governed by STOP signs when they have been placed there, and; lastly, if the
driver is uncertain as to the appropriate controls, treat it as a four-way stop.
Be prepared to staff a limited number of intersections with Police Officers where
conditions exist that simply won't be resolved by the placement of STOP signs.
Intersections that warrant evaluation for this issue include the 1-95 overpasses
and Congress Ave & Boynton Beach Blvd.
ISSUE: Post-Storm Damage Assessment /Intersections
As a part of the overall damage assessment, three surveys are required by PD.
These would be electrical power, traffic signals, and stop signs. Each has their
own potential impact on Police personnel staffing, as well as the need for the
response of others; such as, FPL, County traffic, and/or the City Street
Department. These surveys were not a part of the original plan. Additionally,
their format was not determined beforehand. This resulted in the reports not
30
being done at all or not being done correctly. Each of these surveys would
normally be best done at night. In any event, they cannot be accurately
completed with short notice. A suggestion may be to advise officers to use in-car
cameras to provide an audio/video record events, incidents, critiques, etc. It
should be noted that Boynton Beach was the only community to perform this type
of detailed damage assessment.
Post-Event Stats and Responsibilities
Frances
Hurricane Emergency and Clean-up Costs 2004 Summary
Overtime Contracted
Waqes and Benefits Debris Removal
$696,155 $1,132,070
Other Costs
$272,963
TOTALS
$2,101,188
Jeanne
$203.098
$899,253
$ 128.412
$1,260.482
$ 28,157
$ 359,667
$2,460,855
$301,120
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-------
--------
--------
--------
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1. ISSUE: Documentation
IMPACT: A photo is worth a thousand words. Need more digital cameras.
RECOMMENDATION: Purchase many inexpensive digital cameras with
lots of memory per camera. Develop central storage location on the share
drive to download photos to with directory based upon the nature of
damage.
2. ISSUE: FEMA
IMPACT: FEMA rules for reimbursement were inconsistent and were not
clearly identified. Reimbursements forms were not readily available.
RECOMMENDATION: Need internal training on the type of
reimbursements from the various government agencies. Need centralized
responsibility for monitoring our activities and documentation. Suggest
Finance assume this responsibility. They need to be tough. Operating
departments are too busy performing response and recovery operations.
They need someone else to make sure that everything is being done
correctly.
NOTE: FEMA's Building team is still working on finalizing project
worksheets and costs for our public facilities that were damaged
during the storms. Mr. Jeff Livergood estimates the damage to
public facilities to be $225,000.00. The cost of emergency
response and clean-up assumed by the city for both hurricanes was
$2,460,855.00
31
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3. ISSUE: Damage Assessment
IMPACT: Several departments were each conducting their own damage
assessment throughout the City. Thus, many streets were inspected
multiple times and information was not shared.
RECOMMENDATION:
Modify plans to have cross-departmental assessment teams. The teams
should have designated areas to inspect and they should be familiar with
the area prior to the storm event. Assessment should include parameters
that assist all departments and the information should be logged into a
database. I suggest photos be part of the assessment. Teams should be
of sufficient numbers so that the entire City is assessed within 6 hours of
storm completion.
4. ISSUE: Commissary at Utilities OIT building's lunchroom
IMPACT: Many utility workers and other personnel from various
departments enjoyed taking breaks from working during the storm to eat
lunch and dinner. Many of the employees worked long hours and we need
to take breaks to eat and rest.
RECOMMENDATION: I would like to see the department seek approval
for this to be a standard for future emergencies and storm events. A
designated place in the kitchen could store the equipment and tools to
prepare these meals. The department head could approve emergency
purchases and staff could assist in this task
5. ISSUE: Building and Damage Assessment.
Hurricane Frances 9/5/04, Post-hurricane damage assessment on
Monday 9/6/04 at 7 AM, the Building Division conducted a rapid
assessment of the City once the "all clear" was declared by the EOC.
Teams quickly checked with Facilities Mgmt for damage to City facilities
and found that the West Wing and Code Enforcement trailers received the
most damage. Once the City facilities were assessed, the Building
Division began our rapid assessment of homes and businesses and found
that the average received 3% to 5% damage. The Building Division was
temporarily displaced due to the West Wing roof damage and moved into
the City Commission Chambers for 2 1/2 days. This was necessary in
order to stay open to serve citizens. 11 damage assessment teams
assessed 819 buildings over the next 7 working days. Inspection of new
construction had to stop during this time so we could serve our citizens
and business community in their time of need. Commission needs to
issue a moratorium on new permit inspections in the future. Contractors
did not stop construction and wanted COs and inspections. We convinced
them that assessments come first, but they had a hard time being very
understanding. This was reported to representatives at the Palm Beach
County EOC.
32
6. ISSUE: Solid Waste Hurricane Debris Removal
Solid waste started hurricane debris removal for Frances on Sept 6 and
completed our last pass from Jeanne on Nov 12. During that time our
crews worked 6 days a week for 11-12 hours a day. A total of 126,500
yards of debris was hauled out of the city during that time, 98,768 from
Frances and 27,732 from Jeanne. For comparison purposes on an
average year we haul 102,010 yards of vegetation and mixed debris.
During the 10 weeks following the two events we removed more debris
than we do in a normal year.
The following chart represents the total debris removal cost summary.
Debris Removal Cost Summary
Frances
GENERAL
Phillips & Jordan
Sun Recycling
Southern Waste
Solid Waste Auth.
$650,969.32
$132,140.80
$ 30,600.00
$ 58.263.79
PARKS
Sun Recycling $
Sun Recycling $
Solid Waste Auth. $
6,368.00
1,938.05
270.50
GOLF COURSE
Arbor Tree
$182,600.00
OTHER
Arbor Tree
NovoArbor
$ 13,000.00
$ 55,920.00
$1,132,070.46
Jeanne
$38,141.40
$55,756.02
$ 0.00
$16,840.94
$ 1,293.50
$ 0.00
$ 0.00
$
0.00
$ 0.00
$16.380.00
$128,411.86
7. ISSUE: PD Patrol Vehicle Accountability & Damage.
After being left at Bethesda Hospital for 3 days following the storm, Deputy
Fire Chief Jim Ness phoned to report that vehicle 4119 was still parked on
the south side of the building. This vehicle was assigned to a pair of
officers for patrol on the Bravo shift. When they couldn't find it, they
should have reported it to a supervisor.
33
,.,.^~_"""_......."<v>>-".",;"_."",,._,,+,,,.;.._>-.,.._
Out of the entire fleet, only one marked Police Vehicle (4320) received
damage to the extent that reduced its capability for emergency response.
Specifically, while on patrol, the light bar was ripped off by a low-hanging
wire. It fell down, damaging the passenger side rear-view mirror. The
vehicle continued to be needed for patrol, so it was ordered that the light
bar and mirror be removed with bolt cutters.
Two other marked Patrol Vehicles received minor damage, apparently
from flying debris. This damage consisted of some small dents on one
car and the loss of the glass from a side view mirror on another. In
addition, another unmarked Department vehicle was damaged by flying
debris.
8. (PO) After the storm, it was proper to take into consideration the personal
needs of each employee's family and property. These issues would have
an impact on the performance of the individual. Providing an opportunity
to respond to check on the welfare of loved ones and conduct damage
assessment was motivating and, once completed, allowed all to focus on
the issues at hand.
9. (PO) Prior to the storm, Finance arranged for the weekly Payroll to be
completed early. This assured that on payday (09/10/04), checks or
electronic transfers were done and money would be available for
everyone.
10. (PO) Following the storm, a large portion of the City remained without
power and many traffic signals were inoperative. These were two issues
that became the basis for the continuation of the Alpha-Bravo shift. In
addition, the City was still under a curfew. However, the Police
Department was moved back to regular shifts nearly immediately, with
officers being sent home as early as 1400 hrs on Sunday, to return to
work their regular shifts the following morning.
11. Federal Emergency Management Agency: The on-again/off-again
response by FEMA was a distraction. Ultimately, they did not arrive, but
Police personnel had to be assigned for security of City equipment that
was set up and left with no purpose. However, the Mall location was put
out to the public as an actual distribution site. Citizens were showing up
and/or calling Dispatch to rnake inquiries. This was based on information
received via the Lantana Police and Fire Departments, as well as various
radio stations,
Parks / Recreation and Golf Links
ISSUES: (Parks / Recreation)
Hester Center: Need to install shutters on renovated area (enclosed breezeway)
of the building. Some leaking on the roof over the gymnasium. Generator does
not support air conditioning system
34
Madsen Center: Exterior awnings were destroyed. If replaced, various options
should be investigated to ensure a more appropriate product is used. Facility
being used by displaced west wing staff.
Oceanfront Park: Wires in trees; staff relied on FPL to determine if they were
"hot".
Parks Division: Volume of work overwhelmed staff. Installing plywood shutters.
Crews need a point of contact regarding getting the "all clear" to start removing
debris.
Civic Center: Facility being used as FEMA/State relief site.
IMPACT:
Hester Center: Installing the plywood shutters was very time consuming. If
facility were to be used as post event relief site, consideration should be give to
upgrade the generator to support the air conditioning system. Although leaks in
the roof were minor, this would also have to be addressed if it is to be used as a
relief site.
Madsen Center: The future of this facility is very limited. Replacement of the
awnings may not be necessary. Accommodation of displaced staff results in
cancellation of programs and activities at the facility. However, other than
shuffleboard, programs were relocated to other facilities.
Oceanfront Park: Anticipated delays opening the park.
Parks Division: Volume of work impacted scheduled maintenance, which were
significantly delayed. Installing plywood shutters was very time consuming.
There was some confusion regarding when crews could begin clearing debris.
Civic Center: Staff was able to relocate most programs and activities
RECOMMENDATIONS: (Parks and Recreation)
Include hurricane panels for new wing of Hester Center.
Create a method to make sure all pertinent staff receives "all clear".
Review role of Hester Center as a post event relief site.
ISSUES: (Golf Links):
1. During hurricane preparation, the expensive safety netting for the driving
range must be removed. It is 15 feet high and the bucket of a front-end
loader was used to reach the top attachments. Re-installing the netting
after the hurricane is a more difficult task. We have been quoted $5,000
for re-installation. The bucket of a front-end loader is not designed for
personal safety and the opportunity to utilize our own staff to re-install the
driving range safety netting becomes a remote possibility at best.
2. When power was lost due to the storm, our restaurant lost more than $760
in perishable food. Occasionally when a transformer blows we have a
power outage or phase failure without a storm. This causes computer
problems, loss of our point of sale access, and threatens the ability to
recharge our golf cars that are the lifeblood of our revenue stream.
35
......,_.__'.._..".'~__A'._'"."r."'.' '
3. Communication with employees was impossible or extremely difficult at
best after the cell phone towers went down and regular phone service was
interrupted. Some of our employees live as far North as Stuart, Florida.
4. It has been our practice to hold onto equipment that has been replaced in
order to save money by cannibalizing spare parts. This machinery takes
up excess space in our maintenance facility and becomes a potential
hazard in the event of a powerful hurricane.
5. When our shutters are put up, the clubhouse is very dark. Without power
the back-up emergency lights will be limited to the strength of their back-
up batteries. Proper lighting is required to safely move about the building.
6. Since the two vestibules were added to our clubhouse years ago, we have
never had shutters for them. One of the vestibules suffered a broken
window after the last hurricane. The broken window was either the result
of the storm or vandalism immediately after the storm.
RECOMMENDATIONS (Golf Links)
1. Borrow a bucket truck or cherry picker from the City. If one is not
available, renting one to meet our needs could be a viable option.
ADDITIONAL COMMENTS: The ability to secure such a device after the
storm has passed could save us time and money concerning post-storm
clean up. Our own staff could be used to remove hanging limbs from trees
and re-install the driving range safety netting.
2. Purchase an automatic generator as a back up in case of a power failure.
ADDITIONAL COMMENTS: As an additional service to the community,
keeping the restaurant open could be a popular source for a hot meal in
an air-conditioned room for a weary community without power. The lift
stations require approximately 20,000 watts to meet our needs when we
are open for business.
3. Secure a walkie-talkie (or two) with a transmission chip that is on the
same frequency as our City walkie-talkies to enable us to communicate
with EOC. Information could be passed on to EOC so that a designated
radio station could broadcast pertinent information to City employees.
4. Make it a point to eliminate equipment that has been replaced.
ADDITIONAL COMMENTS: It doesn't appear to be cost effective to hold
onto surplus equipment. The longer it sits the more it is devalued. During
hurricane preparation fixtures are brought into the maintenance building
for protection and space is valuable.
36
5. Acquire two or three battery-powered lanterns for use in the event that
power is out for an extended period of time.
6. Purchase shutters for the vestibules.
SOME GENERAL COMMENTS (as included in the submitted reports)
"Considering the circumstances, I believe a vast majority of City personnel
responded appropriately. The majority of the issues faced were expected
and this experience will allow us to respond even more effectively in the
future."
"Communications, Fire Department, Police Department and City Of
Boynton Beach employees all came together to work as a team. The
camaraderie between all departments in the City Of Boynton Beach was
excellent."
"Use WRMF 97.9 FM for the city's information station. Our station 1670AM
did a poor job of reaching employees. Also, the call-in number gave old
information and it was not updated frequently enough."
'The whole incident was a learning experience for the entire department.
was proud to be part of an organization where everyone pulled together.
The whole incident would have ended on a positive note if pay did not
become an issue. Officers were still exhausted after the event only to find
they may not get paid on time."
"I enjoyed having the opportunity to work closely with the city department
heads. It was nice to see problems identified and resolutions acted upon
quickly. The entire city work force should be proud of their
accomplishments."
"City staff and EOC did a good, solid job overall, remembering this was
only a category 2 hurricane and damage in a stronger storm will be
considerably more."
"I think we executed extremely well and it was a great learning
experience."
Attached is a letter that clearly addresses shortfalls in the communication
process at the county level:
From: Ness, Jim
Sent: Thursday, September 30,20043:43 PM
To: 'wobrien@co.palm-beach.fl.us'
Subject: Frances - After Action Critique
37
."...~.~-~"...........""~,--._~I...,".",,,,,,.,.,
,.^""~=".",...,..,~....."~...-",,,,.,i"-""""""'-""'-
Bill:
I spent a miserable hour drive in traffic this afternoon to attend the 2:00 after
action critique scheduled at the Hutcheson Agricultural Center. Needless to say I
was upset when I found out the event had been cancelled. Just to let you know, I
was coming to the critique to discuss what I considered a communications
problem during the hurricane. It was ironic that the lack of communication
caused me to waste two hours fighting traffic. According to Paula Friend
(Bethesda ER coordinator), who was also looking for the meeting, she said she
received a reminder yesterday to attend the meeting.
Incorrect phone numbers, and my inability to correct those numbers, was my
primary problem during the storm. Because our EOC is at a site away from City
Hall, we had four fax numbers set to receive the blast faxes: City Manager's
office, Dispatch, Fire Admin and our EOC. Since the EOC is now shut down, fire
admin had been receiving the blast faxes up until a couple a days ago. I missed
yesterday's conference call because I never received my blast fax (742-6334), of
which I called the warning point and asked that to be corrected yesterday.
Thanks for listening and I hope that you will add my concerns to your after action.
FINAL THOUGHTS: While a challenging hurricane season for most of Florida,
the Boynton Beach area was comparatively fortunate in both the relatively low
level of damage incurred as well as the high quality of service rendered her
citizens by the City's workforce. Some areas in the City were hit harder than
others and we all must remain diligent and work to resolve these outstanding
issues. All in all, the City, at all levels, adapted to the changing environment and
overcame obstacles that, with less motivated employees, would have created
significant and long-term problem that may have risen to crisis levels. Many
neighboring coastal cities have hired or assigned an employee dedicated to year-
round disaster management and mitigation issues. As the population of Boynton
Beach grows and as the City assumes a new look with several major projects,
this should be a future consideration. This report also highlights the need for a
dedicated and hardened City of Boynton Beach Emergency Operations Center.
This is being designed into the Fire Station #5 complex at Gateway Boulevard
and this project plan should continue without delay.
This report uncovers some blemishes and is not intended to criticize, but to use
the information presented as a learning tool, and as a wake-up call and a
realization that "this Bafl will happen to us". Complacency and distancing oneself
from anything other than day-to-day business is contrary to the job description of
every civil servant. Everyone tires of hearing that we must be prepared for the
worse-case scenario, but who expected a twenty-one hour storm, in which
everyone, including emergency service providers would be "hunkered down" for
an extended period of time; and who could possibly have predicted that this
contingency needed to part of our disaster plan.
38
We worked hard to get where we were prior to this season's storms. The storms
dictate that we must now work even harder to concentrate on our individual
departmental plans and to ensure that we are truly prepared for the next season.
Each department must be encouraged to work with other departments in
preparing hurricane plans that have responsibilities that cross departmental lines.
If recent attention to individual department preparedness plans was met with
disdain and complacency, we need to take our role as stewards more seriously.
One important point needs to be highlighted. Many of the existing departmental
hurricane plans were crosschecked with the recommendations in this report. It
was found that many of the recommendations are policies that already exist and
were simple not followed. Also evident in some of the comments in this report
are recommendations for the "City" to provide certain policies and items. The
fact is that individual departments have always been provided the responsibility
and authority to ensure that the provisions of their respective plans can be
carried out. Many of these items, as well, are already included in many of the
plans. For some reason, the employees are simply not aware of their plans.
That said, we all have our work cut out for us in reviewing, analyzing, revising,
sharing and practicing our respective plans.
We can provide optimal service to our citizens only if we have taken care of our
workers. Some of the recommendations listed have an associated cost. Most
however, are policy and attitude changes. Our city philosophy and values reflect
a citizen-friendly approach that rejects the "not my job" attitude and encourages
getting beyond the "talk" and into the "walk". We need to iook at our City's values
and we need to take personal responsibility and hold ourselves accountable for
our actions and our preparations. We need to work across department lines and
come up with the best practices for dealing with this type of emergency. These
concepts work well in everyday situations and work exceptionally well in time of
extenuating necessity.
Respectfully submitted,
William L. Bingham
Fire Chief
Cc. City Commission
Mr. Kurt Bressner, City Manager
39
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" {.'
"'- ; !:},,' .,?,~,/
XII. - LEGAL
ITEM A.l
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 Turned
Meetinl! Dates in to City Clerk's Office Meeting: Dates in to Citv Clerk's Office
D December 7, 2004 November 15, 2004 (Noon.) D February 1,2005 January 17,2005 (Noon)
D December 21, 2004 December 6, 2004 (Noon) D February 15, 2005 January 31, 2005 (Noon)
D January 4, 2005 December 20, 2004 (Noon) D March 1,2005 February 14, 2005 (Noon)
D January 18, 2005 January 3, 2005 (Noon) ~ March 15,2005 February 28, 2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing ~ Legal
D Bids D Unfmished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the March 15, 2005 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission unanimously recommended that the subject request be approved for
Public Hearing and Legal, Ordinance - First Reading on March 1,2005. For further details pertaining to the request, see
attached Department of Development Memorandum No. PZ 05-026.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Live/Work in SMU (CDRV 05-002)
Kim Glas-Castro, AICP
Town and Country Homes - Florida
Renaissance Commons
Request for an amendment to the Land Development Regulations, Chapter 2. Zoning,
Section 6.H. Suburban Mixed Use (SMU) zoning district to allow LivelW ork units as a
pennissible use.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Planning and Zoning
S:\Planning\SHARED\ WP'SPECPROJ\C
3~15-05.dot
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
~
~ "'~
ector City Attorney I Finance / Human Resources
E REVIEW\CDRVOS-D02 Live-Work\Agenda Hem Request Live.Woirk in SMU 2nd reading (CORV 05.002)
~~~
e
..
I!
1
2 ORDINANCE NO. 05- 0 n
3
4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
5 FLORIDA AMENDING CHAPTER 2 ENTITLED
6 "ZONING," SECTION 6.H ENTITLED "SMU-
7 SUBURBAN MIXED USE ZONING DISTRICT" OF THE
8 LAND DEVELOPMENT REGUI,ATIONS OF THE CITY
9 OF BOYNTON BEACH, FLORIDA, PERMITTING
10 LlVE/WORK UNITS, ESTABLISHING REGULATIONS
11 GOVERNING LlVE/WORK UNITS, AND PROVIDING
12 FOR PERMITTED USES IN THE SMU DISTRICT;
13 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
14 AN EFFECTIVE DATE.
15
16
17 WHEREAS, the proposed revisions to the Suburban Mixed Use zoning district to Part
18 III of the City of Boynton Beach Code of Ordinances is an amendment to the Land
19 Development Regulations requested by Town & Country Homes Florida; and
20 WHEREAS, the City Commission deems the adoption of this Ordinance to be in the
21 best interests ofthe citizens and residents of the City of Boynton Beach, Florida;
22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing whereas clauses are true and correct and are now ratified and
25 eonfirmed by the City Commission.
26 Section 2. That Chapter 2 entitled "Zoning," Section 6.H entitled "SMU - Suburban
27 Mixed Use Zoning District" is hereby amended as follows:
28
H.
SMU- SUBURBAN MIXED USE ZONING DISTRICT
29
30
3.
Permitted uses. The following table identifies the permitted, restricted,
31
and prohibited uses within the Suburban Mixed Use Zoning District. Uses are classified
S:/calOrd/LDR Changes/Live-Work Units in SMU.doc
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10
11
12
13
14
15
as permitted "P", Conditional "C", or Not Permitted "N". Uses permitted with
2 restrictions are followed by a numeral that corresponds to a footnotc below the table.
3 Each footnote explains restrictions associated with the use. The Planning and Zoning
4 Director or designee shall have the discretion to approve uses that are not specifically
5 listed but are similar to uses that are expressly permitted.
6 TABLE 6H-I
7 SCHEDULE OF PERMITTED PRlNCIP AL, ACCESSORY, AND CONDITIONAL
8 USES
9
USE GROUP/uSE SMU
ZONE
Residential or Lodging Use Group
Bed and Breakfast C
Hotel C
Home Occunation P
Mobile Home N
Motel N
Residential, Simde Familv Detached P
Residential, SimIle Family Attached P
Residential, Multi-Family P
Temnorarv Sales Office P
Temporary Model Residences P
Live/Work Units p8
Boardim! and Roomin!? House (excent where nrovided by state law) N
Accessorv Unit P
Communitv Facilities Use Group
Government Office/Civic Center/Library P
Recreation (outdoorl C
Museum P
House ofWorshio pI
Police or Fire-Rescue Station P
Postal Center (retail sales onlv) p"
Post Office P
Public Park P
Public Parkin!? Lot or Gara!?e P
[REMAINDER OF TABLE UNCHANGED]
Restriction Notes:
2
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20
21
22
23
24
25
26
27
28
I;
I
I
I
]
2
3
4
5
6
7
8
9
8
Subiect to cO!DQlianee with supplemental regulations in Section 2ili1
5. Mixed Uses.
10
Buildings containing residential and non residential
a.
11
nonresidential uses are encouraged within the SMU zoning district and
12
subject to the same development standards as "all other uses."
13
Residential uses within mixed-use structures, with the exception of
14
designated live/work units, are encouraged not to be located on the
15
ground floor, which shall be reserved for nonresidential uses.
]6
b.
Nonresidential
within
mixed
uses
17
residential/nonresidential structures shall be evaluated for their
18
compatibility with rcsidential uses located on upper floors, and shall
19
demonstrate compatibility based upon use-type, construction materials,
floor plan and site layout, and other reasonable factors as determined
appropriate given the type of use.
c.
Live/Work Units. This subsection provides for the use of
residential structures to accommodate live/work opportunities.
Live/work units shall be specificallv designated on the site plan. and
comply with the following standards and requirements. These provisions
are not applicable to dwellings or occupations that meet the definition of
Home Occupation in section 11.D of this chapter.
(I)
Unit Requirements.
3
S:/ca/Oni/LDR Changes/Live-Work Units in SMU.doc
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'''--'''~'''<-- ",-,",..-""~~.,,..,
1
(a)
No morc than thirty (30%) percent or four hundred
2
(400) square feet. whichever is greater, of the live/work unit shall
3
be utilized for working space. Working space shall be located on
4
the ground level and shall not utilize garage or living spaces.
5
(b)
Each live/work unit shall be a separate unit from
6
other uses in the building. The ground floor of all live/work units
7
shall meet the Florida Building Code requirements for mixed
8
occupancy buildings. Each unit, including the garage, shall be
9
separated by walls from other live/work units or other uses in the
10
building.
11
(c)
Buildings designated as live/work shall provide
12
universal accessibility to the front and to the interior space of the
13
nonresidential area of the live-work unit from the public sidewalk
14
adjacent to the street.
15
(d)
To minimize impacts to the greater neighborhood,
16
units planned for live/work uses shall be located at the perimeter
17
of the residential project or along the proiect's principal roadway,
18
and/or where possible, adjacent to perimeter/external rights-of-
19
way.
20
(2)
Permitted Uses. Nonresidential uses that are permitted in
21
live/work units are generally limited to professional service, business
22
service, or tutoring services. A listing of common uses permissible in
23
live/work units, subiect to issuance of occupational license are located in
4
S:!caJOrd/LDR Changes/Live~WoTk Units in SMU_doc
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1
subsection 16, below. No work activitv shall be permitted that bv virtue
2
of intensity or number of employees has the potential to create impacts
3
bv reason of traffic, parking issues, hazardous materials, or excess waste.
4
(3)
Occupancy and Employees. No more than two (2) on-sitc
5
employees. in addition to the resident(s) of the live/work unit, mav
6
undertake business activities from said unit. At least one resident of an
7
individual live/work unit shall maintain a current occupational license for
8
a business located in that unit. Acknowledgement, in the form of an
9
affidavit, of the employee limitation shall be made by the unit resident, at
10
the time of application for an occupational license. The work area shall
11
not be rented separately from the living space.
12
(4)
Parking. The City encourages that one (1 ) parking space
13
per two (2) live/work units be provided to meet business activity needs.
14
Parking provided to meet this requirement shall be located on the lot,
IS
built into or under the structure, or within 300 feet of the unit in which
16
the use is located. Parking provided to accommodate said space,
17
including driveways of adequate depth in front of the unit's garage, shall
18
not serve as meeting required parking for the unit's residential use.
]9
Signage. One wall plaque shall be permitted per live/work
(5)
20
unit. not to exceed two (2)
square feet m SIgn copy area, m
21
accordance with the applicable sign program.
22
(6)
Site Plan Requirement. All respective plan pages shall
23
identify all proposed live/work units and buildings. Live/work units shall
5
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,.....~.<>~'~._--'~,."'"o.~.,_.,t~'''';..",.."..'' ^
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
be tallied in the site plan tabular data.
2
3
4
5
15.
LiveIWork Unit Permissible Uses. The following list identifies
6
the permitted uses within designated live/work units. subiect to occupational
7
license requirements:
BUSINESS SERVICE
Business service - Addrcssinl! service/mailin12 list comviler
Business service - Arbitrator. mediator service
Business service - Cleaning services. maid. housekeeping, ianitorial
Business service - Connnercial artistJdesi2J} studio
Business service - ConunerciaJ nhotoe:raphv
Business service - Computer ofoeramminll service
Business service - Computer software development
Business service - Data processing
Business service - Direct mail advertisine: services
Business service - Editim!'. nTOofreadim!. tvning service
Business service - Paralegal
Business service - Party supplies. rentallleasine: (office only. no storal!C on
site)
Business service - Private investigator
Business service - Recording service
Business service - Secretarial service
Business service - Boat broker (office only)
PERSONAL SERVICE
Personal service - Alteration. dressmakilll! shop. tailor
PROFESSIONAL SERVICE
Professional service - Abstract and/or title company
Professional service - Accountant/income tax services
Professional service - Adjusters. insurance
Professional service - Advertising office
Professional service - Aooraiser
Professional service - Architect
Professional service - Attorney
Professional service - Auctioneer (office only)
Professional service - Author
Professional service - Broker
Professional service - Business analyst
Professional service - Calculating and statistical service
Professional service - Court reoortinldstenogranhers
Professional service - Credit renortinl!
Professional service - Enl!ineer's office
Professional service - lmoorter/exnorter (office only)
Professional service - Insurance al!ency/bond office
6
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
il
, ,
Professional service -- Interior decorating
Professional service -- Loan conmanv office
Professional service -- Market research 9ffice
Professional service - Model aget!fY
Professional service - Notary Public office
Professional service - Public relations office
Professional service ~ Real estate sales/management office
Professional servi<;:e - Travel agency
OTHER USES
Tutoring or instruction (Academic. music, art)
Art studio with ancillary sales
Section 3.
Each and every other provision of the Land Development
Regulations not herein specifically amended, shall remain in full force and effect
as originally adopted.
Section 4.
All laws and ordinances applying to the City of Boynton
Beach in conflict with any provisions of this ordinance are hereby rcpealed.
Section 5.
Should any section or provision of this Ordinance or any
portion thereof be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the remainder of this Ordinance.
Section 6.
This Ordinance shall become effective immediately.
FIRST READING THIS ~_~ day of Yrl(,1)u:Ju
,2005.
7
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_'_'""c'_."..__,"~,..~~""'~~"-'.' .,.
2
SECOND, FrNAL READrNG AND PASSAGE this _ day of
3
,2005.
4
CITY OF BOYNTON BEACH, FLORIDA
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23 ATTEST:
24
25
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27 City Clerk
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29
30
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
8
S:lca/Ord/WR ChangesILive-Work Units in SMU.doc
Rev. 02-09-05
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-026
TO:
FROM
Chair and Members
Planning an~7r~ent Board
Dick HUdsoV KiEP
Senior Planner Q f
Michael W. Rump;r1
Director of Planning and Zoning
THROUGH:
DATE:
January 26, 2005
SUBJECT:
Live/Work Units in Suburban Mixed Use Developments
NATURE OF REOUEST
Town & Country Homes - Florida is requesting that the City initiate a code review for
amendments to the SMU Suburban Mixed Use development regulations to allow Live/Work units
as a permissible use within the SMU district, subject to criteria.
BACKGROUND
Live/Work Units are generally described as buildings or spaces that are used jointly for
commercial and residential purposes. The idea is not new; throughout history there are
examples of "living above the shop." By creating opportunities for this type of activity in
residential areas within mixed use developments we also provide additional opportunities to
reduce dependence on the automobile to reach some business and professional services. When
regulations for the Mixed Use-High Intensity and Low Intensity zoning districts were amended in
2004, provisions were Included to allow for live/work units; however, in that instance, the
emphasis was on limiting the "live" portion of the structure in the commercial center of the
coastal area. With the request under consideration, the emphasis Is focused on limiting the
"work" portion of the structure.
There are numerous examples of live/work regulations across the country, particularly in larger
cities. In Palm Beach County, three examples were examined, notably West Palm Beach, Delray
Beach and Jupiter and are briefly discussed below.
west Palm Beach allows "limited office uses" in speCific redevelopment areas of the downtown,
specifying that the uses are secondary to the residential uses and limits them to no more than
35% of the net interior area of the structure. The allowable uses include offices for agents,
architects, artists, brokers, dentists, doctors, lawyers, and other similar uses. The parking
regulations require a minimum of one space per dwelling unit and an additional two spaces for
the limited office use.
,.,,"'__<___,...,.....~.,~""<^"'t,.,,"- "-
Page 2
CORV 05-002
live/Work Units in SMU
Delray Beach has adopted a "Residential Office" zoning district to be used as a transitional use
between commercial or industrial districts and residential districts, or used as an incentive In
older residential districts needing redevelopment. The regulations allow business and
professional office uses. Structures in the district can contain either a residential use, and office
use, or a mix of uses; however, the appearance must be residential in character. The City also
has regulations specific to the Old School Square Historic Arts District, that allow a broader
range of commercial uses, including restaurants, retail specialty shops, and art-related sales, as
well as single family residential uses. Residential and commercial uses may be located in the
same structure or on the same property, provided the owner of the parcel occupies either the
business or the residence, or an employee of the business occupies the residence. There are no
size limitations on either the residential units or the commercial spaces.
Jupiter's regulations were developed for the Abacoa development, which is similar in nature to
the Boynton Beach Suburban Mixed Use developments. Jupiter limits the number of live/work
units to 3% of the total residential units in a neighborhood and requires that they front on a
central neighborhood public square. The work portion of a townhouse dwelling Is limited to the
ground floor and must meet the Florida Industrial Building Code requirements at time of
construction. The commercial area is limited to 1,500 square feet. One of the persons who
work in the commercial operation must reside full-time in the residential portion of the
townhouse and up to four other persons may work in the unit. Verification of residency is
required upon annual renewal of the Occupational License for the unit. Deliveries to the
commercial use are limited to 9:00 am - 6:00 pm and parking requirements are based on the
square footage of commercial use plus the required parking for the residential unit.
ANALYSIS
The proposed live/work regulations for the SMU district (Exhibit "A") limit the area of the "work"
portion to 30% of the unit or 400 square feet, whichever is greater, restricting it to the ground
level and not allowing it to occupy garage or living spaces. The space must meet the Aorida
Building Code requirements for mixed occupancy buildings. Locations are limited to the
perimeter of the residential project or along the project's principal roadway and, where possible,
adjacent to perimeter or external roadways to minimize impacts on the greater neighborhood.
"Work" uses are limited to professional or business services or tutoring as listed in the
ordinance. Employment for each unit is limited to two on-site workers at anyone time, in
addition to resident(s) of the "live" portion of the unit. The worker residing In the unit would
maintain the occupational license for the business and must aCknowledge the employee
limitation at the time of application for the license. "Work" units may not be rented separately
from the living space. In addition to the two parking spaces required for the residential unit,
one additional parking space would be available for each two "work" units and may be located
either on the lot, built into the structure or within 300 feet of the unit. Signage is limited to one
wall plaque, two square feet in copy area.
RECOMMENDATl:ON
It is staffs opinion that the proposed amendments will proVide an additional OPPOrtunity for
locating small and low-Intensity commercial uses In residential portions of mixed use
developments, which may be more intense than typical home occupations, but because of the
Page 2
CORV 05-002
Live/Work Units in SMU
size limitations, are not as intense as the full range of uses permitted in the office commercial
district. The proposed regulations and locational criteria are sufficient to provide adequate
controls to ameliorate any negative effects. Therefore, staff recommends approval. If changes
to the proposed amendment are recommended by the Planning and Development Board or
required by the City Commission, they will be added as Exhibit "Bu.
Exhibits
J:\SHRDATA\PLANNING\HUDSON\CODE REVIEWS CDRVlcDRVSTAFFREPT.DOC
- . ,-~,,~''''-';-,~~-,-",".< >'.,.~."" ,-- ,',-.
EXHIBIT A
TABLE 6H-l
SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY, AND CONDITIONAL USES
USE GROUPIUSE SMU ZONE
Residential or Lodf!inf! Use Group
Bed and Breakfast C
Hotel C
Home Occupation p
Mobile Home N
Motel N
Residential, Single Familv Detached p
Residential, Single Familv Attached p
Residential, Multi-Family p
Temporary Sales Office p
Temporary Model Residences p
LiveIWork Units p'
Boarding and Rooming House (except where provided by state law) N
Accessory Unit p
Community Facilities Use GraUl)
Government Office/Civic CenterlLibrary p
Recreation (outdoor) C
Museum p
House of Worship p'
(REMAINDER OF TABLE UNCHANGED]
.
Subiect to compliance with supplemental regulations in Section 5(b).
5. Mixed Uses.
a. Buildings containing residential and neft reGideatial nonresidential
uses are encouraged within the SMU zoning district and subject to the same
development standards as "all other uses." Residential uses within mixed-use
structures, with the exception of designated live/work units, are encouraged not to
be located on the ground floor, which shall be reserved for nonresidential uses.
b. Nonresidential uses within mixed residentiaV nonresidential
structures shall be evaluated for their compatibility with residential uses located
on upper floors, and shall demonstrate compatibility based upon use-type,
construction materials, floor plan and site layout, and other reasonable factors as
determined appropriate given the type of use.
c. LiveIWork Units. TIris subsection provides for the use of residential
structures to accommodate live/work opportunities. Live/work units shall be
sPecificallv desilmated on the site plan. and comply with the following standards
and reauirements. These orovisions are not am>licable to dwellings or occupations
that meet the definition of Home Occupation in section 11.D of this chapter.
(1 ) Unit Reauirements.
(a) No more than thirtv 00%1 percent or four hoodred (400) sauare
feet. whichever is greater. of the live/work unit shall be utilized for workinll space.
1
S:\P1annlng\SHARED\WP\PROJECTS\Renalssance Conunons\CDRVOS-002\Exhlblt A.doc
Working space shall be located on the ground level and shall not utilize garage or
living spaces.
(b) Each live/work unit shall be a separate unit from other uses in the
building. The ground floor of all live/work units shall meet the Florida Building
Code reauirements for mixed occuoancv buildings. Each unit. including the
garage. shall be separated bv walls from other live/work units or other uses in the
building.
(c) Buildings desil!tlated as live/work shall Provide universal
accessibility to the front and to the interior space of the nonresidential area of the
live-work unit from the public sidewalk adiacent to the street.
(d) To minimize impacts to the greater neighborhood. units planned
for live/work uses shall be located at the perimeter of the residential proiect or
along the project's principal roadwav. and/or where possible. adiacent to
perimeter/external rights-of-wav.
(2) Permitted Uses. Nonresidential uses that are permitted in live/work
units are generallv limited to professional service. business service. or tutoring
services. A listing of common uses permissible in live/work units. subiect to
issuance of occupational license are located in subsection 16. below. No work
activitv shall be permitted that bv virtue of intensitv or number of emplovees has
the potential to create impacts bv reason of traffic. parking issues. hazardous
materials. or excess waste.
(3) Occupancv and Emplovees. No more than two (2) on-site
emplovees. in addition to the resident(s) of the live/work unit. mav undertake
business activities from said unit. At least one resident of an individual live/work
unit shall maintain a current occupational license for a business located in that
unit. Acknowledgement. in the form of an affidavit. of the emplovee limitation
shall be made bv the unit resident. at the time of application for an occupational
license. The work area shall not be rented separatelv from the living sPace.
(4) Parking. The City encourages that one 0) parking space per two (2)
live/work units be provided to meet business activity needs. Parking Provided to meet
this reQuirement shall be located on the lot. built into or under the structure. or within 300
feet of the unit in which the use is located. Parking Provided to acconunodate said space.
including drivewavs of adeQuate depth in front of the unit's garage. shall not serve as
meeting reauired narking for the unit's residential use.
(5) Sil!tlage. One wall plaaue shall be permitted per live/work unit. not to
exceed two (2) sauare feet in sil!tl copv area. in accordance with the applicable sil!ll
Program.
(6) Site Plan Reauirement. All resPective plan pages shall identify all
proposed live/work units and buildings. Live/work units shall be tallied in the site
plan tabular data.
15. LiveIWork Unit Permissible Uses. The following list identifies the
permitted uses within designated Iivelwork units. subiect to occupational license
requirements:
2
S:\plannlng\SHARED\Wp\PROJECTS\Renalssanoo Commons\CORV05-()02\ExhIb~ A.doc
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BUSINESS SERVICE
Business service - Addressine service/mailine list compiler
Business service - Arbitrator. mediator service
Business service - Cleanine: services. maid. housekeenine:. ianitorial
Business service - Commercial artistldesil!11 studio
Business service - Commercial Dhotol!IaDhy
Business service - Conmuter nfmrrammine service
Business service - COIDDuter software develonment
Business service - Data nrocessine:
Business service - Direct mail advertisine services
Business service - Editinl!. nfoofreadinil. twine: service
Business service - Paraleeal
Business service - Partv sUDDlies. rentallleasine (office only. no storaee on site)
Business service - Private investieator
Business service - Recordine service
Business service - Secretarial service
Business service - Boat broker (office only)
PERSONAL SERVICE
Personal service - Alteration. dressmakine shoD. tailor
PROFESSIONAL SER VICE
Professional service - Abstract and/or title company
Professional service - Accountant/income tax services
Professional service - Adiusters. insurance
Professional service - Adyertisine office
Professional service - Aonraiser
Professional service - Architect
Professional service - Attornev
Professional service - Auctioneer (office only)
Professional service - Author
Professional service - Broker
Professional service - Business analyst
Professional service - Calculating and statistical service
Professional service - CoM reoortin2lsteno2Iaohers
Professional service - Credit reoortine:
Professional service - EnS!ineer's office
Professional service -lmoorter/exDorter (office only)
Professional service - Insurance al!encvlbond office
Professional service - Interior decorating
Professional service - Loan company office
Professional service - Market research office
Professional service - Model aeency
Professional service - Notary Public office
Professional service - Public relations office
Professional service - Real estate sales/rnanaeement office
Professional service - Trayel agency
OTHER USES
Tutoring or instruction (Academic. music. art)
Art studio with ancillary sales
3
S:\plannlng\SHARED\WP\PROJECTS\Renalssance Commons\CDRV05-OO2\Exhlb~ A.doc
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XII. - LEGAL
ITEM A.2
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 Turned
Meeting: Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office
0 December 7, 2004 November 15,2004 (Noon.) 0 February 1, 2005 January 17, 2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15,2005 January 31, 2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005 February 14, 2005 (Noon)
0 January 18.2005 January 3. 2005 (Noon) [gJ March 15,2005 February 28. 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing [gJ Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the March 15, 2005 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved this item under Public Hearing and First Reading on March I,
2005. Staff recommends that the petition for passing of an ordinance to establish the Renaissance Commons Community
Development District be approved.
EXPLANATION: The subject petition requests establishment of a Community Development District (CDD)
for the "Renaissance Commons Development", a mix-use project on a parcel located on the Southeast corner of Congress
A venue and Gateway Boulevard. A COD is an independent district authorized by Chapter 190, Florida Statutes, for the
purpose of planning, constructing, acquiring, operating and maintaining infrastructure in large planned community
developments. The proposed District will fmance drainage and potable water supply and sanitary sewer systems as well as
wetlands mitigation and off site improvements, which include turn lanes and placement of certain utilities. The District will
operate and maintain drainage system for the development; potable water and sanitary sewer systems will be operated and
maintained by the City.
PROJECT:
AGENT:
OWNER:
LOCATION:
Renaissance Commons Community Development District
James D. DeCoeq
Compson Associates of Boynton Beach LLC and Town and Country Builders, Inc.
Southeast comer of Congress A venue and Gateway Boulevard
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A . 0
Develo ent epartment Director ty Manager's ::f; ~ ~~
~iJ~ ~
Planning and Z g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPEC OJ\CDD\CDD\Agenda Item Request Renaissance Comm.CorrnnDevel District - CDD 3-15-05.dot
S,\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
26
"
I
1 ORDINANCE NO. 05- 0 i B
2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, ESTABLISHING THE RENAISSANCE
4 COMMONS COMMUNITY DEVELOPMENT DISTRICT;
5 ESTABLISHING THE BOUNDARIES OF THAT
6 DISTRICT; APPOINTING THE INITIAL BOARD OF
7 SUPERVISORS; PROVIDING FOR POWERS OF THE
8 BOARD; PROVIDING FOR CONFLICTS,
9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
10 DATE.
11
12 WHEREAS, on Decembcr 14,2004, Compson Associates of Boynton LLC submitted a
13 petition to the City for the creation of a community devclopment district to be known as the
14 Renaissance Commons Community Development District ("District"), in accordance with
15 Scction 190.005(2) , Florida Statutes; and
16 WHEREAS, the petition which is attached hercto as Exhibit "A" and made a part
17 hereof contains the information required in Section 190.005(9)(a), Florida Statutes; and
18 WHEREAS, a public hearing on the petition was conducted by the City Commission
19 on March I, 2005, at City Hall in accordancc with the requirements of Sections 190.005(2)(b)
20 and 190.005 (I) (d), Florida Statutes; and
21 WHEREAS, the City Commission has reviewed the six (6) factors set forth in Section
22 190.005(1)(e) and the record of the publie hearing held on March 1, 2005, in making its
23 determination as to whether to grant or deny the establishment of the Renaissance Commons
24 Community Development District; and
25 WHEREAS, the City Commission has determined that:
1.
That all statements contained within the Petition have been found to be true and
27 correct.
S:\CA\Ordinances\Planning\CDD Renaissance Commons.doc
Page 1 of 4
1
2.
That the creation of the District is not inconsistent with any applicable element
2 or portion of the State Comprehensive Plan or of the effective local government comprehensive
3 plan.
4 3.
5 compact and
6 community.
7 4.
That the land within the proposed District is of sufficient size, sufficiently
sufficiently contiguous to be developable as one functional interrelated
That the creation of the District is the best alternative available for delivering the
8 community development services and facilities to the lands within the District boundaries.
9
5.
That the proposed services and facilities to be provided by the District are not
10 incompatible with the capacity and uses of existing local and regional community services and
11 facilities.
12
6.
That the area identified In the Petition IS amenable to be included In the
13 proposed District; and
14 WHEREAS, the City Commission has determined that the creation of the Renaissance
15 Commons Community Development District would be consistent with the criteria for
16 community development districts as set forth in the Uniform Community Development District
17 Act of 1980,Chapter 190, Florida Statutes;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20
Section 1.
Each Whereas clause set forth above IS true and correct and herein
21 incorporated by this reference.
S:\CA\Ordinances\Planning\CDD Renaissance Commons.doc
Page 2 of 4
"
1
Section 2.
In accordance with the provisions of Chapter 190, Florida Statutes, the
2 City Commission of the City of Boynton Beach, Florida hereby establishes a community
3 development district as follows:
4
CREATION AND NAME: Therc is hereby created a Community Development
5 District to be known as RENAISSANCE COMMONS COMMUNTY DEVELOPMENT
6 DISTRICT.
7
LEGAL DESCRIPTION: The legal description for the Community Development
8 District is attached hereto and incorporated herein by reference in attachment to the Petition
9 which is attached as Exhibit "A" to this Ordinancc. In addition, a map depicting the land area
10 to be serviced by the District is attached to this Ordinance as Exhibit "B" and incorporated
11 herein by reference.
12 BOARD OF SUPERVISORS: The initial Board of Supervisors are as follows. Their
13 terms, powers and duties are as dcscribed in Chapter 190, Florida Statues:
14
(a) James Comparato
(b) Stephen B. Liller
(c) Timothy R. Kelly
(d) Carl Klepper, Jr.
(e) Robert D' Angelo
15
16
17
18
19
Scction 3.
The Board of Supervisors shall have only such powers as set forth in
20 Florida Statutcs 190.01 I and 190.012.
21
Section 4.
That any individuals who purchase property in the District should bc
22 advised of the existence of the District, as well as the costs associated with owning propcrty
23 within the District.
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Page 3 of 4
1
Section 5.
That all ordinances or parts of ordinances in conflict herewith be and the
2 same are hereby repealed.
3
Section 6.
Should any section or provision of this ordinance or portion hereof, any
4 paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
5 such decision shall not affect the remainder of this ordinance.
6
Section 7.
Authority is hereby granted to codifY said ordinance.
7
Section 8.
This ordinance shall become effective immediately upon passage.
8
FIRST READING this l day of ~
,2005.
9
SECOND READING and FINAL PASSAGE this
day of
10
,2005.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 ATTEST:
28
29
30
31 City Clerk
32
33
34
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\CDD Renaissance Commons.doc
Page 4 of 4
BEFORE THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA
INRE:
AN ORDINANCE TO ESTABLISH )
THE RENAISSANCE COMMONS COMMUNITY )
DEVELOPMENT DISTRICT )
PETITION
COMPSON ASSOCIATES OF BOYNTON LLC, a Florida limited liability company (the
"Petitioner"), hereby petitions the City Commission of the City of Boynton Beach, Florida,
pursuant to the "Uniform Community Development District Act of 1980," Chapter 190, Florida
Statutes, as amended and supplemented (herein, the "Act). Specifically this Petition is made
pursuant to Section 190.005(2) of the Act, to establish a community development district with
respect to the lands described herein. In support of the Petition, Petitioner states:
1. The proposed District (as defined below) is located within the incorporated area
of the City of Boynton Beach, Florida. Exhibit 1 depicts the general location of the proposed
District. The proposed District covers approximately 86.98 +/- acres of land. The real property
within the boundary of the proposed District is a parcel of land located West of the Lake Worth
Drainage District Canal E-4, North of Canal C-16, East of Congress Avenue and South of
Gateway Boulevard. The metes and bounds description of the external boundaries of the
District is set forth on Exhibit 2.
2. Attached to this Petition as Exhibit 3 and made a part hereof are the written
consents to the establishment of the District by the owners of 100% of the real property to be
included in the District.
3. The five persons designated to serve as initial members of the Board of
Supervisors of the proposed District are as follows:
Name
James Comparato
Stephen B. Liller
Timothy R. Kelly
Carl Klepper, Jr.
Robert D'Angelo
4. The proposed name of the District to be established is the Renaissance
Commons Community Development District (the "District").
5. There are no existing major trunk water mains, sewer interceptors and outfalls.
6. The proposed timetable for the construction of District improvements is shown on
Exhibit 4, as well as the estimated cost of constructing the improvements. This is a good faith
estimate but is not binding on the Petitioner or the District and is subject to change.
7. The future general distribution, location and extent of public and private uses
within the District are consistent with the zoning category of suburban mixed use. The proposed
WPEJ.FS1\SANFORDS\50593Ov14\5716 f ,010200
"~',,-,.-."~-~~..,,;-.~~-.., .
uses are also consistent with the future land use plan element of the Comprehensive Plan of the
City of Boynton Beach, Florida (the "City"). The future land use map is shown on Exhibit 5. It is
further anticipated that the subject lands will be permitted to be developed for approximately 310
townhomes ranging in approximate square footage of 1,800 to 2,100 with prices ranging from
$310,000 to $450,000 and 1382 condominium units. The square footage and price ranges of
the condominium units have not yet been determined. It is also expected that there will be
approximately 337,653 square feet of commercial space consisting of retail, office and self
storage. The Petitioner intends that the District will finance (i) surface water management and
control systems, including related earthwork, (ii) water distribution and wastewater collection
and transmission facilities, (Iii) onsite wetlands mitigation, (iv) roadway improvements, (vi)
landscaping and irrigation in public rights of way, and (v) related incidental costs which may
include the acquisition of real property in conjunction with any and all of the above, but
particularly associated with surface water management, onsite wetlands mitigation, and
roadway improvements (collectively, the "Public Infrastructure"). Upon completion by the
Petitioner of the water distribution and wastewater collection and transmission facilities and
acquisition by the District, such facilities will be dedicated to the City to be connected to the
City's existing water and wastewater lines.
8. Exhibit 6 is a statement of estimated regulatory costs prepared in accordance
with the requirements of Section 120.541, Florida Statutes.
9. Petitioner hereby requests that the proposed District be granted the right to
exercise all powers provided for in Section 190.012(1), Florida Statutes and the additional
powers listed in Section 190.012(2)(a) and (d).
10. The Petitioner is Compson Associates of Boynton LLC, a Florida limited liability
company. The Petitioner, acting on behalf of itself and certain related entities and Town and
Country Builders, Inc., a Florida corporation ("Town and Country") as the landowners, owns 100
percent of the real property to be included in the proposed District. Petitioner and Town and
Country will develop the land within the District, including the construction of the Public
Infrastructure, which will be acquired by the District. It is contemplated that the vertical
improvements on the developed lots will be constructed by the Petitioner and Town and Country
and possibly other builders. Copies of all correspondence and official notices should also be
sent to: Stephen D. Sanford, Esq., c/o Greenberg Traurig, P.A, 777 South Flagler Drive, Suite
300 East, West Palm Beach, Florida 33401; (561) 650-7945.
11. The property within the proposed District is amenable to operating as an
independent special district for the following reasons:
(a) Establishment of the District and all land uses and services planned within the
proposed District are consistent with applicable elements or portions of the effective City's
Comprehensive Land Use Plan, as amended.
(b) The area of land within the proposed District is of sufficient size and is sufficiently
compact and contiguous to be developed as one functional interrelated community.
(c) The community development services of the District will be compatible with the
capacity and use of existing local and regional community development services and facilities.
(d) The proposed District will be the best alternative available for delivering
community development services to the area to be served because (I) the District provides a
WPB-fS1\SANFOROS\50593Ov14\57161.010200
2
governmental entity for delivering those services and facilities in a manner that does not
financially impact persons residing outside the District, (Ii) the Act authorizes a community
development district to acquire infrastructure improvements previously constructed by the
Petitioner or allows for a community development district to, in the first instance, construct such
infrastructure improvements, (iii) the timing for the creation of the proposed District and the
issuance of special assessment bonds is compatible with the timing for the construction and
acquisition of such infrastructure improvements which will result in direct benefit to the
landowners and their assigns within the District, (iv) establishment of a community development
district in conjunction with a comprehensive planned community, as proposed, allows for a more
efficient use of resources as well as providing the opportunity for new growth to pay for itself,
and (v) establishment of the District will provide a perpetual entity capable of making reasonable
provisions for the operation and maintenance of many of the District services and facilities.
12. The Petitioner undertakes on behalf of the District that the District will provide full
disclosure of information relating to the pUblic financing and maintenance of improvements to
real property to be undertaken by the District as required by Section 190.009 and Section
190.048, Florida Statutes of the Act, as amended.
[Remainder of page intentionally left blank]
WPB-FS1\SANF0RDS\505930v14\57161.010200
3
WHEREFORE, Petitioner respectfully requests the City Commission of Boynton Beach,
Florida to:
Hold a public hearing as required by Section 190.005(1)(d), Florida Statutes to consider
the establishment of the Renaissance Commons Community Development District; and
Enact an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and
establishing the Renaissance Commons Community Development District.
Respectfully submitted this J /...J fh day of December, 2004.
,
COMPSON ASSOCIATES OF BO
Florida Iim' liability compa ,a
WPB-FS l\SANFORDS\505930V08\ t 1Je104\57161. 01 0200
4
RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT
EXHIBITS
Exhibit 1 Location Map
Exhibit 2 Legal Description
Exhibit 3 Consents and Proofs of Ownership
Exhibit 4 Construction Timetable and Good Faith Cost Estimate
Exhibit 5 Future Land Use Map from the City of Boynton Beach, Florida
Comprehensive Plan depicting the location of the proposed District
Exhibit 6 -- Statement of Estimated Regulatory Costs
WPB-FS1\SANFORD$\505930v13\12110f04\57161.010200
5
RENAISSANCE COMMONS LOCATION MAP
u
N
W+E
S
o 1&7.6 37$ 750 1,125 1.500
F...
951 Broken Sound Parkway, Suite 320
Boca Raton, Florida 33487
~~.~IME_~~~
~......~
SURVEYING & MAPPING
Certificale of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT
LEGAL DESCRIPTION:
ALL OF "RENAISSANCE COMMONS, A P.U.D..., ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 102 AT PAGES 57 THROUGH 62 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
ALL OF "RENAISSANCE COMMONS PLAT TWO, A P.U.D..., ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 103 AT PAGES 104 THROUGH 107 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT TRACTS Z-I, Z-2 AND Z-
3, THEREOF.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA,
AND CONTAIN 84.909 ACRES, MORE OR LESS.
ASSREVIA TIONS
NOTES
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID
WITHDUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE
IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION.
L
CONe.
COR.
D
0.[.
]. R.
J. R. (.
L. B.
L.S.
MON.
O.R.B.
P.D.B.
P.O.C.
P. B.
P.B.C.R.
PG.
P. S. M.
R/W
U.E.
ARCLENGTH
CONCRETE
CORNER
DEL TA (CEN'TRAL ANGLE)
DRAINAGE EASEMENT
IRON ROD
IRON ROD AND CAP
LICENSED BUSINESS
LICENSED SURVEYOR
MONUMENT
OFFICIAL RECORDS BOOK
POINT OF BEGINNING
POINT OF COMMENCEMENT
PLAT BOOK
PALM BEACH COUNTY RECORDS
PAGE
PROFESSIONAL SURVEYOR
a MAPPER
RIGHT-OF-WAY
uTILI TV EASEtJENT
CERTIFICATION
IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027. FLORIDA STATUTES. AND THAT SAID SKETCH AND
DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
AND BELIEF AS PREPARED UNDER MY DIRECTION.
JEFF-S.-HOI5APpUUU_U
SURVEYOR AND MAPPER
FLORIDA LICENSE NO. LS5111
LAST DATE OF FIELD WORK
Project Nome. RENMSSANCE COMMONS
NOT A SURVEY
DATE:
2/2412005
CK'D By:
JSH
JS
SHf.E.T 10F 2
JOB NO.
02151
DWG SY,
@
--TRACT 7-1
TRKT F-2
TRACT 0-3
TRKT Z-/
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
GATEWAY BOULEVARD
Tq'[T 22 -1
NOT
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BOYNTON CANAL C-/6
Proj eCT Nmm, RENAISSANCE COMMONS owe BY:
X CK'D By,
JSH
JS
SCALE: 1".300'
DATE: 2/2412005
SHEET 2 OF 2
EXHIBIT 3-A
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA )
)SS
COUNTY OF PALM BEACH)
On this c.. IJ. day of December, 2004, personally appeared before me, an officer duly
authorized to adlrt'iiliSler oaths and take acknowledgments, Stephen B. Liller, who, after being duly
sworn, deposes and says:
1. Affiant, Stephen B. Liller, an individual, is a Vice President of Town and
Country Builders, Inc., a Florida corporation (herein, the "Corporation").
2. The Corporation is the owner of the following described property, to wit:
See Exhibit "A" attached hereto (the "Property").
3. Affiant, Stephen B. Liller, hereby represents that he has full authority to
execute all documents and instruments on behalf of the Corporation, relating
to the Petition before the City Commission of the City of Boynton Beach,
Florida, to enact an ordinance to establish the Renaissance Commons
Community Development District (the "Proposed CDD").
4. The Property represents a portion of the real property to be included in the
Proposed CDD.
5. Affiant, Stephen B. Liller, on behalf of the Corporation, as the sole owner of
the Property in the capacity described above, hereby consents to the
establishment of the Proposed COD. \
FURTHER, AFFIANT SAYETH NOT. ~ dM
Stephen B. Liller
Subscribed and sworn to before me this (pJ;;; day of December, 2004, by Stephen B.
Liller, a Vice President of Town and Country Builders, Inc., a Florida co/poI~ioQ, who personally
appeared before me, I31s personally known to me or 0 produced Ij/L~. as
identification.
[NOTARIAL SEAL]
Notary: 77~n~~
Print Name: . IU l 'tfkL1. i:i
Notary Public, State of Florida
My Commission Expires: t?/~y/o'l
,~..'"'~< MEW/lE MCllONAI.o
;>r~"f~ MY COMMISSION' DD 232130
~~ EXPIRES: Seplember 24,2007
'''%.;.'\' EklrNWThruNotaI)'PtilIie~
WPB-FS1\SANFORDS\.50593(M)6\111&'04\S7161.010200
951 Broken Sound Parkway, Suite 320
90ca Raton, Florida 33487
~~'M.E }'~
~~ m~
SURVEYING & MAPPING
Certificate of Authorization No. LB7264
Tel: (561) 241-9988
Fax: (561) 241-5182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT
TOWN AND COUNTRY PROPERTY
LEGAL DESCRIPTION:
LOTS ITHROUGH 240, TRACTS A-I, A-2, B-1, B-2. B-3. B-4, B-5, B-5, F,
AND G-I THROUGH G-II, ALL IN '"RENAISSANCE COMMONS. A P.U.D. '", ACCORDING
TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 102 AT PAGES 57 THROUGH
52 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
TRACTS D-5, D-5 AND B-8 OF '"RENAISSANCE COMMONS PLAT TWO, A P.U.D..., ACCORDING
TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 103 AT PAGES 104 THROUGH 107 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA,
AND CONTAIN 27.453 ACRES, MORE OR LESS.
NOTES
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID
WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE
IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION.
ABBREVIA TraNS
L ARCLENGTH
CONe. CONeRE TE
COR. CORNER
o DELTA (CENTRAL ANGLE)
D.E. DRA1NAGE EASEMENT
I.R. IRON ROD
I.R.C. lRON ROD AND CAP
L.B. LICENSED BUSINESS
L.S. . L1CENSED SURVEYOR
MON. . MONUMENT
Q.R.B. OFFICIAL RECORDS BOOK
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
P.B. PLAT BOOK
P.B.C.R. PALM BEACH COUNTY RECORDS
PC. PAGE
P. S_ M. PROFESS I ONAl SURVEYOR
a MAPPER
R/W R1GHT-QF-WAY
U.E. UTILITY EASEMENT
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER 51G17 -5. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND
DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
AND BELIEF AS PREPARED UNDER MY DIRECTION.
n_
JEFF-~-HOOAPP---------
SURVEYOR AND MAPPER
FLORIDA LICENSE NO. LS5111
LAST DATE OF FIELD WORK' NOT A SURVEY
Project Nome. RENNSSANCE COMMONS
DATE.
2/24/2005
Joe NO.
02151
OWC BY,
CK'O 8y,
JSH
JS
SHEET 10F 2
@
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
GATEWAY BOULEVARD
2~-y-
NOT
INCLUDED
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BOYNTON CANAL C./6
JOB NO.
02151
P,-oj ect NQIre' RENAISSANCE COMMONS DWG 8~:
X CK'O By,
JSH
JS
SCALE: 1"~300'
DATE, 2/24/2005
SHEET 2 OF 2
EXHIBIT 3-B
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA )
)SS
COUNTY OF PALM BEACH)
~
On this ~ day of December, 2004, personally appeared before me, an officer duly
authorized to administer oaths and take acknowledgments, James Comparato, who, after being
duly sworn, deposes and says:
1. Affiant, James Comparato, an individual, is the Manager of Compson
Associates of Boynton LLC, a Florida limited liability company, the
Manager of Compson Associates of Boynton II, LLC, a Florida limited
liability company, and a principal of certain other related entities formed
and to be formed (herein, collectively, the "Companies").
2. The Companies are the owners of the following described property, to wit:
See Exhibit "A" attached hereto (the "Property").
3. Affiant, James Comparato, hereby represents that he has full authority to
execute all documents and instruments on behalf of the Companies,
including the Petition before the City Commission of the City of Boynton
Beach, Florida, to enact an ordinance to establish the Renaissance
Commons Community Development District (the "Proposed CDD").
4. The Property represents a portion of the real property to be included in the
Proposed CDD.
5. Affiant, James Comparato, on behalf of the Companies, as the sole owner
of the Property in the capacity describe ove, hereby consents to the
establishment of the Proposed COD.
FURTHER, AFFIANT SAYETH NOT.
s 0
-f::lc..-
Subscribed and sworn to before e thO ~ day December, 2004, by James
Comparato, he Manager of Compson sso ates of Boynton LLC, a Florida limited liability
compa , he Manager of Compson so ates of Boynton II, LLC, a Florida limited liability
co ny, and a principal of certain ot related entities, who personally appeared before me,
is personally known to me or [l produced as identification.
~:;~% ~"~J~ ~Ji~A ;-~
Notary Public, ttate of Mda
My Commission Expire-:. r . > 19,.J f\ l\ +-
[NOTARIAL SEAL]
...-!!!.....
W'i"'l~ ClAUDEITEIllAMONo
fool ,,, MY COMMISSION' DD 224139
~....."/ EXPIRES: JUIle19, 2007
..i1f.,ll>' ......""'""""".,.""',,,""""
WPB-FSI\SANFORDS\522538vOl\I2f7fl)4\~7161.0W2(~)
1.,,_ ~oo _.".~ m
Boca Raton, Florida 33487
fl'M E.,.
~>=- ...~
SURVEYING & MAPPING
Certificate of Authorization No. L87264
,",,,,,-.1
Fax: (561) 241-518"
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT
COMPSON ASSOCIATES PROPERTY
LEGAL DESCRIPTION:
TRAC TS A - 3, B - 7, C - I, C - 2, D - I, D - 2, E - I, E - 2, E - 3, H - I AND H - 2, AL L IN
"RENAISSANCE COMMONS, A P.U.D. ", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 102 AT PAGES 57 THROUGH 52 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WI TH:
TRACTS A-4, A-5, A-5, D-3, D-4, D-7, D-8, D-9, E-4 THROUGH E-7, F-I AND F-2,
ALL IN "'RENAISSANCE COMMONS PLAT TWO, A P.U.D. ", ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 103 AT PAGES 104 THROUGH 107
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA,
AND CONTAIN 57.455 ACRES, MORE OR LESS.
ABBREVIATIONS
NOTES
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID
WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE
IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION
L
CONe.
COR.
D
D.E.
I. R.
]. R. C.
L. B.
L. $.
MON.
D.R.B.
P. O. B.
p. o. c.
P.B.
P.B.C.R.
pc.
P. $. M.
ARCLENGTH
CONCRETE
CORNER
DELTA <CENTRAL ANGLE)
DRAINAGE EASEMENT
I RON ROD
IRON ROD AND CAP
LICENSED BUSINESS
LICENSED SURVEYOR
MQNUME NT
OFF1C1AL RECORDS BOOK
P01NT OF BEGINNING
POINT OF COMMENCEMENT
PLAT BOOK
PALM BEACH COUNTY RECORDS
PAGE
PROFESSIONAL SURVEYOR
8 MAPPER
RIGHT-OF-WAY
UTILlTY EASEMENl
R IW
u. E.
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027, FLORIDA STATUTES. AND THAT SAID SKETOI AND
DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
AND BELIEF AS PREPARED UNDER MY DIRECTION.
JEFF-~fi66APP---------
SURVEYOR AND MAPPER
FLORIDA LICENSE NO. LS5111
LAST DATE OF FIELD WORK
Proj ect Nome. REN/IISSANCE COMMONS
NOT A SURVEY
DATE:
2/24/2005
JOB NO.
02151
DWG BY.
CK"D By.
JSH
JS
SHEET 1 OF 2
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
GATEWAY BOULEVARD
NOT
INCLUDED
~
~
TRJlCT 0-5 t?
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BarNTON CANAL CI6
JOB NO.
02151
Project Nome, RENAISSANCE COMMONS D'It'C BY,
X CK'D By'
JSH
JS
S.CALE, "'~300'
DATE, 212412005
SHEET 2 OF 2
EXHIBIT 4-B
RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT
GOOD FAITH COST ESTIMATE
Stormwater Drainage, including related earthwork
$1,745,000
Water and Sewer System
$2,123,061
Landscaping and Irrigation in public rights of way
$2,331,776
Roadway Improvements, including paving, street
lighting, striping and signage
$3,012,502
Onsite Tree Relocation Mitigation
$ 800,000
TOTAL
$10,012,339
EXHIBIT 4-B
RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT
GOOD FAITH COST ESTIMATE
Stormwater Drainage, including related earthwork
$1,745,000
$2,123,061
$2,331,776
$3,012,502
Water and Sewer System
Landscaping and Irrigation in public rights of way
Roadway Improvements, including paving, street lighting,
striping and signage
Onsite Wetlands Mitigation
TOTAL
$ 800,000
$10,012,339
WPB-FS1\SANFORDS\50593Ov14\57161.010200
RENAISSANCE COMMONS
COMMUNITY DEVELOPMENT DISTRICT
STATEMENT OF ESTIMATED REGULATORY COSTS
December, 2004
Prepared by
Special District Services, Inc.
11000 Prosperity Farms Road, Suite 104
Palm Beach Gardens, Florida 33410
(561) 630-4922 Phone
(561) 630-4923 Fax
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to
establish the Renaissance Commons Community Development District ("District"). The
District comprises approximately 86.98+/- acres of land located in the City of Boynton
Beach, Florida. The limitations on the scope of this SERC are explicitly set out in
Section 190.002(2) (d), F.S. (governing community development district establishment)
as follows:
"That the process of establishing such a district pursuant to uniform general law shall be
fair and. based only on factors material to managing and fmancing the service delivery
function of the district, so that any matter concerning permitting or planning of the
development is not material or relevant."
1.2 Overview of Renaissance Commons Community Development District
The District is designed to provide district infrastructure, services, and facilities along
with their operations and maintenance to a master planned residential development
containing 1692 residential units within the boundaries of the District consisting of
townhomes and condominium units. There will also be approximately 337,653 square
feet of commercial space.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541(2), F.S, (1997), defines the elements a statement of estimated regulatory
costs must contain:
(a) A good faith estimate ofthe number of individuals and entities likely to be required to
comply with the rule, together with a general description of the types of individuals likely
to be affected by the rule.
(b) A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed rule, and any
anticipated effect on state and local revenues,
(c) A good faith estimate of the transactional costs likely to be incurred by individuals
and entities, including local governmental entities, required to comply with the
requirements of the ordinance. As used in this paragraph, "transactional costs" are direct
costs that are readily ascertainable based upon standard business practices, and include
filing fees, the cost of obtaining a license, the cost of equipment required to be installed
or used or procedures required to be employed in complying with the rule, additional
operating costs incurred, and the cost of monitoring and reporting.
(d) An analysis of the impact on small businesses as defined by Section 288.703, F.S.,
and an analysis of the impact on small counties and small cities as defined by Section
120.52, F.S. The City of Boynton Beach is not defined as a small City for purposes of
this requirement.
(e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description of any good
faith written proposal submitted under paragraph (I) (a) and either a statement adopting
the alternative or a statement of the reasons for rejecting the alternative in favor of the
proposed ordinance.
"Note: the references to "rule" in the statutory requirements for the Statement of
Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2) (a),
Florida Statutes."
2.0 A good faith estimate of the number of individuals and entities likely to be required
to comply with the ordinance, together with a general description of the types of
individuals likely to be affected by the ordinance.
The Renaissance Commons Community Development District will serve land that
comprises approxirnately 86.98+/- acres of residential development to be made up of an
estimated 1692 residential units as described above. The estimated population of the
District is 3350 +/-. The property owners in the District will be individuals and may own
and operate industrial, manufacturing and other retail and non-retail related businesses
outside the boundaries of the District.
3.0 A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed rule, and any
anticipated effect on state or local revenues.
There is no state agency promulgating any rule relating to this project that is anticipated
to effect state or local revenues.
3.1 Costs to Governmental Agencies ofImplementing and Enforcing Ordinance
Because the results of enacting the ordinance is establishment of a local special purpose
government, there will be no enforcing responsibilities of any other government entity,
but there will be various implementing responsibilities which are identified with their
costs herein.
State Governmental Entities
There will be only modest costs to various State governmental entities to implement and
enforce the proposed establishment of the District. The District as established on the
2
."'_'.<"~"""~"""'.'''-''.'''-'i..-''-'
proposed land, will encompass under 1,000 acres, therefore, the City of Boynton Beach is
the establishing entity under 190.005(2), F.S. The modest costs to various State entities
to implement and enforce the proposed ordinance relate strictly to the receipt and
processing of various reports that the District is required to file with the State and its
various entities. Appendix A lists the reporting requirements. The costs to those State
agencies that will receive and process the District's reports are very small, because the
District is only one of many governmental units that are required to submit the various
reports. Therefore, the marginal cost of processing one additional set of reports is
inconsequential. Additionally, pursuant to section 189.412, F.S., the District must pay an
annual fee to the State of Florida Department of Community Affairs which offsets such
costs.
City ofBovnton Beach
There will be only modest costs to the City for a number of reasons. First, review of the
petition to establish the District does not include analysis of the project itself. Second,
the petition itself provides much of the information needed for a staffreview. Third, the
City already possesses the staff needed to conduct the review without the need for new
staff. Fourth, there is no capital required to review the petition. Finally, the City
routinely processes similar petitions though for entirely different subjects, for land uses
and zoning changes that are far more complex than is the petition to establish a
community development district.
The annual costs to City of Boynton Beach, because of the establishment of the District,
are also very small. The District is an independent unit of local government. The only
annual costs the City faces are the minimal costs of receiving and reviewing the various
reports that the District is required to provide to the City. However, the Petitioner has
included a payment of$15,OOO to offset any expense the City may incur in the processing
of the Petition, or in the monitoring of this District
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on state or local
revenues. The District is an independent unit of local government. It is designed to
provide infrastructure facilities and services to serve the development project and it has
its own sources of revenue. No state or local subsidies are required or expected.
In this regard it is important to note that any debt obligations incurred by the District to
construct its infrastructure, or for any other reason, are not debts of the State of Florida or
any other unit of local government. In accordance with State law, debts of the District
are strictly its own responsibility.
4.0 A good faith estimate of the transactional costs likely to be incurred by individuals
and entities required to comply with the requirements ofthe ordinance.
3
Table I provides an outline of the various facilities and services the proposed District
may provide. The water and sewer utilities, stormwater drainage, on site tree relocation
mitigation and certain offsite improvements will all be funded by the District.
Table 1
PROPOSED FACILITIES AND SERVICES
FACILITY FUNDED O&M BY OWNERSHIP
BY BY
Stormwater Drainage System CDD CDD CDD
Potable Water Supplv System CDD City City
Sanitary Sewer System CDD City City
Landscaning & Irrigation CDD CDD CDD
Roadwav Imnrovements CDD City/County/CDD City/County/CDD
Onsite Tree Relocation Mitigation CDD CDD CDD
The petitioner has estimated the costs for providing the capital facilities outlined in Table
I. The cost estirnates are shown in Table 2 below. Total costs for those facilities, which
may be provided, are estimated to be approximately $10.012,339. The District may issue
special assessment bonds to fund all or a portion of the costs of these facilities. These
bonds would be repaid through non ad valorem special assessments levied on all
properties in the District that may benefit from the District's infrastructure program as
outlined in Table 2.
Prospective future landowners in the District may be required to pay non-ad valorem
assessments levied by the District to secure the debt incurred through bond issuance. In
addition to the levy of non ad valorem special assessments by various names for debt
service, the District may also impose a non-ad valorem assessment to fund the operations
and maintenance of the District and its facilities and services.
Furthermore, locating in the District by new property owners is completely voluntary.
So, ultimately, all owners and users of the affected property choose to accept the non ad
valorem special assessments as a tradeoff for the benefits and facilities that the District
provides.
A community development district ("CDD") provides property owners with the option of
having higher levels of facilities and services financed through self-imposed revenue.
The District is an alternative means to manage necessary development services with
related financing powers. District management is no more expensive, and often less
expensive, than the alternatives of a municipal service taxing unit (MSTU), a property
association, provision by the City, or through developer equity and/or bank loans.
In considering these costs it shall be noted that owners of the lands to be included within
the District will receive three major classes of benefits.
4
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First, landowners in the District will receive a higher long-term sustained level of public
services and amenities sooner than would otherwise be the case.
Second, a CDD is a mechanism for assuring that the community services and amenities
will be completed concurrently with development of lands within the District. This
satisfies the current growth management legislation, and it assures that growth pays for
itself without undue burden on other consumers. Establishment of the District will ensure
that these landowners pay for the provision of facilities, services and improvements to
these lands.
Third, a CDD is the sole form of governance which allows District landowners, through
landowner voting, to determine the type, quality and expense of District services they
receive, provided they meet the City's overall requirements.
The cost impact on the ultimate landowners in the District is not the total cost for the
District to provide infrastructure services and facilities. Instead, it is the incremental
costs above what the landowners would have paid to install infrastructure via an
alternative management mechanism. Given the low cost of capital for a CDD, the cost
impact to landowners is negligible. This incremental cost of the high quality
infrastructure provided by the District is likely to be fairly low.
Table 2
COST ESTIMATE FOR DISTRICT FACILITIES
Cost Estimates
Stormwater Drainage System $ 1,745,000
Potable Water Supply and Sewer Systems $ 2,123,061
Landscaping and Irrigation $ 2,331,776
Roadway Improvements $ 3,012,502
On Site Tree Relocation Mitigation $ 800,000
Total $ 10,012,339
5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S.,
and an analysis of the impact on small counties and small cities as defined by
Section 120.52, F.S.
There could be both positive and negative impacts on small businesses because of the
establishment of the District. Positive impacts could occur as a result of the additional
population in the District requiring more goods and services from small businesses.
Negative impacts could occur because of the increased competition generated by the new
business in the commercial area within the District. The City of Boynton Beach has an
estimated population in 2004 that is greater than 10,000; therefore the City is not defined
5
as a "small" City according to Section 120.52, F.S, and there will accordingly be no
impact on a small City because of the formation of the District. Palm Beach County has
an estimated population in 2004 that is greater than 75,000; therefore the County is not
defined as a "small" County according to Section 120.52, F.S, and there will accordingly
be no impact on a small County because of the formation ofthe District.
6.0 Any additional useful information.
The analysis provided above is based on a straightforward application of economic
theory, especially as it relates to tracking the incidence of regulatory costs and benefits.
Inputs were received from the petitioner's Engineer and other professionals associated
with the petitioner.
****************
6
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APPENDIX A
LIST OF REPORTING REQUIREMENTS
REPORT
FL. STATUE
CITATION
DUE DATE
Annual Financial Audit
12 months after end of fiscal year
Annual Financial Report
TRIM Compliance Report
Form I: Statement of Financial
Interest
Public Facilities Report
Public Meetings Schedule
Bond Report
Registered Agent
Proposed Budget
Public Depositor Report
190.008
&218.39
190.008
& 218.32
200.068
112.3145
189.415
189.417
218.38
189.416
190.008
280.17
12 months after end of fiscal year
no later than 30 days following the
adoption of the property tax levy
ordinance/resolution (if levying
property tax es)
within 30 days of accepting the
appointment, then every year thereafter
by 7 II (by "local officers" appointed to
special district's board); during the
qualifying period, then every year
thereafter by 7/1 (by "local officers"
elected to special district's board)
within one year of special district's
creation; then annual notice of any
changes; and updated report every 5
years, 12 months prior to submission
of local government's evaluation and
appraisal report
quarterly, semiannually, or annually
when issued within 120 days after
delivery of bonds
within 30 days after first meeting of
governing board
prior to October 1
annually by 11/30