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Agenda 06-19-07 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA JUNE 19,2007 Jerry Taylor Mayor - At Large Kurt Bressner City Manager ~__;I Jose Rodriguez Vice Mayor Ron Weiland Commissioner - District I I Mack McCray Commissioner - District" Carl McKoy Commissioner - District IV James Cherof City Attorney Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES &. PROCEDURES FOR 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. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. 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, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes · 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, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit _ Three (3) minutes . 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 who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled 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). S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc City of Boynton Beach REGULAR CITY COMMISSION MEETING AGENDA June 19, 2007 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Greg Fitch - Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: 1. Salute to Independence, Wednesday, July 4, 2007, from 6:30 - 9:30 p.m. at Intracoastal Park. FREE EVENT. A concert with Ovation Band begins at 6:30 p.m. including a Patriotic Salute scheduled for 7:30 p.m. At 9 p.m. the world famous "Fireworks by Grucci" will light up the sky. Food and beverage vendors will be on-site. 2. The Boynton Beach City Hall complex will be closed on Friday, June 22, 2007, to allow for the installation of new emergency power generators. Fire and Police service will not be affected. Other City facilities will maintain their normal business hours during the shutdown. City Hall will reopen on Monday, June 25, at 7:30 a.m. B. Community and Special Events: None Agenda Regular City Commission Boynton Beach, FL June 19, 2007 C. Presentations: 1. Proclamations a. National Clean Beaches Week - June 29 - July 5, 2007 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> V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Expiration Date Mayor Taylor Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (2) I Weiland Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (2) IV McKoy Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (3) II McCray Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (2) II McCray Cemetery Board Alt 9 mo term to 12/07 Tabled (2) III Rodriguez Code Compliance Board Alt 9 mo term to 12/07 Tabled (2) IV McKoy Code Compliance Board Alt 9 mo term to 12/07 Tabled (2) III Rodriguez Community Relations Board Alt 9 mo term to 12/07 Tabled (3) IV McKoy Community Relations Board Alt 9 mo term to 12/07 III Rodriguez Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled (2) I Weiland Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2) II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2) IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled (2) Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled (2) Weiland Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (2) II McCray Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (2) III Rodriguez Veterans Advisory Commission Reg 33 mo term to 12/09 Tabled (2) IV McKoy Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (2) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. 2 Agenda Regular City Commission Boynton Beach, FL June 19, 2007 A. Minutes 1. Agenda Preview Conference - May 11 2007 2. Regular City Commission - May 15, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Award the bid for the "BOYNTON BEACH MEMORIAL PARK SANDBLAST ENGRAVING OF MAUSOLEUM CRYPT AND NICHE FRONTS", Bid #043- 2731-07/JA to LAKE WORTH MONUMENT for an estimated annual expenditure of $30,000. 2. Award the Bid for "ANNUAL SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)", Bid #052-2821-07jOD to ALLIED UNIVERSAL CORPORATION, of Miami, FL with an annual estimated expenditure of $164,621.80 for the Utilities Department. 3. Multi-award by manufacturer with primary, secondary, third and some fourth place vendors, for the "ANNUAL PARTS/SUPPLIES FOR LARGE TRUCK AND MISCELLANEOUS EQUIPMENT", Bid #044-1412-07/JA, for an estimated annual expenditure of $95,000. 4. Approve a piggyback of General Services Administration (GSA) Contract No. GS-07F-9491 with Godwin Pumps of America, Inc. for the purchase of three (3) New Bypass Pumps to be located at Lift Station No. 603, Leisureville; Lift Station No. 808 in Cypress Creek and Lift Station No. 806 in Hunters Run for the total amount of $94,164.90. 5. Approve emergency replacement of Public Works Vehicle 1089 (Refuse Truck) for an estimated cost of $197,014. The actual cost to the City will be $1,000. 6. Approve the negotiation of a contract with Miller Legg of West Palm Beach, FL for the RFQ: "THE REPLACEMENT OF OCEANFRONT PARK BOARDWALK; CONSTRUmON OF JAYCEE PARK BOARDWALK AND CONSTRUmON IMPROVEMENTS AT BOAT CLUB PARK," RFQ #040- 2730-07/CJD. 7. Approve a piggyback of Collier County, FL contract number 06-3350 and u.s. Filter Wastewater Group, Inc. (Siemens Water Technologies) to purchase two (2) Biofilters, which are used for odor control in the wastewater collection system, in the amount of $79,707. 8. Award a contract for RFP #037-2821-07/0D, "SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES" to DcR Engineering, Inc. of Lakeland, 3 Agenda Regular City Commission Boynton Beach, FL June 19, 2007 FI. for an estimated expenditure of $2M - $2.5M over a two (2) year period. (Proposed Resolution No. R07-059) 9. Award a contract for RFQ #21-1210-07/0D to APPLIED TECHNOLOGIES AND MANAGEMENT OF West Palm Beach, FL in an amount not to exceed $122,500 for the purpose of studying the Boynton Inlet. The South Florida Water Management District will reimburse all study costs. (Proposed Resolution No. R07-060) 10. Approve the negotiation of a contract with Glatting & Jackson of West Palm Beach for the "LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES FOR CONGRESS AVE. COMMUNITY PARK AND BOUNDLESS PLAYGROUND", RFQ #028-2730-07/0D. Glatting & Jackson is an architectural firm with barrier-free design experience for the construction drawings, permitting and project management of Congress Community Park and Boundless Playground. C. Resolutions 1. Proposed Resolution No. R07-057 RE: Approving and authorizing execution of Task Order No. U07-1-1 with Arcadis U.s., Inc., to provide engineering services related to the East Water Treatment Plant chlorine conversion project in the amount of $67,634. (Tabled to June 19th, 2007) (Staff requests tabling to July 3, 2007) 2. Proposed Resolution No. R07-061 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with John Combs and Glenna Combs for the property at 1048 S. Ridge Rd., Lantana, FL (Ridge Grove Lot 25). 3. Proposed Resolution No. R07-062 RE: Approving the Registration Agreement with Boundless Playgrounds, Inc., that will allow Boundless Playgrounds, Inc. to provide materials and services to support the development of a configuration of playground equipment and surfacing that enables children with and without disabilities to interact and play together. The agreement carries a fee of $1,795. 4. Proposed Resolution No. R07-063 RE: Approving an inventory of vacant City owned property appropriate for use as affordable housing. 5. Proposed Resolution No. R07-064 RE: Approving and authorizing the implementation and build of the Eternal Flame Memorial Public Art project proposed for Bicentennial Park. D. Approve donations to the Juvenile Transition Center in the amount of $6,500, the Boy Scouts of America in the amount of $5,000 and to MAD DADS of Greater 4 Agenda Regular City Commission Boynton Beach, FL June 19, 2007 Boynton Beach in the amount of $5,000 from the Police Department's Law Enforcement Trust Fund, established pursuant to Florida State Statute 932.7055. E. Approve the "LAS VENTANAS" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Survey and Mapper). F. Approve the downgrade of one (1) position in the Development Department, an Application Technician (Grade 11), which is currently vacant, to an entry level position of Application Associate (Grade 10). G. Approve the initiation of the process to name the newly developed Southeast Neighborhood Park in honor of Betty Thomas. The estimated cost of a sign is $5,000. H. Approve a Statement of Work with Dell Marketing L.P. for the purchase of the Dell/EMC Storage Area Network (SAN) in the amount of $178,852.32. 1. Approve Change Order #4 accepting pool building revisions on the WILSON PARK COMPLEX project in the amount of $91,369.98. This proposed change will be considered a component of the contingency allowance approved by the Commission when awarding the original contract to West Construction, Inc. J. Authorize the use of $2,250 for the Boynton Beach YMCA, from Commissioner Weiland's Community Investment Funds. K. Authorize the use of $2,250 for the Wheels for Kids (Easter Seals Camp) from Commissioner Weiland's Community Investment Funds. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Description: HARBOR CAY (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway; approximately 160 feet north of Gateway Boulevard. Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. (Applicant requests postponement to July 17, 2007) A. Project: Agent: Owner: Location: 5 Agenda Regular City Commission Boynton Beach, FL June 19, 2007 B. Project: Agent: Owner: Location: Description: c. Project: Agent: Owner: Location: Description: D. Project: Agent: Description: BOYNTON BEACH LOFTS (SPTE 07-007) Bradley Miller, Miller Land Planning Consultants James A. Seifert/Addison Properties of South Florida, Inc. 623 South Federal Highway Request for a second one (1) year site plan time extension for site plan (NWSP 05-008) and height exception (HTEX 05-001) originally approved on April 19, 2005, from April 19, 2007 to April 19, 2008. NW 7th COURT (HOMRICH) (ZNCV 07-003) George Homrich, Homrich Construction Homrich Corporation Lot 211 of the Laurel Hills subdivision, 4th addition, West side of NW 7th Court, between NW 10th Avenue and NW 13th Avenue Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.1.C.3, requiring a minimum lot frontage of 60 feet, to allow a frontage of 50 feet, a variance of 10 feet within the R-1-AA Single-family Residential zoning district. LAND DEVELOPMENT REGULATIONS (LDR) REWRITE - GROUP 2 (CDRV 07-004) Use Matrix and Notes City-initiated Group 2 deliverable as indicated on the proposed LDR Rewrite Work Schedule, including the Zoning Use Matrix and corresponding Notes and Restrictions to ultimately replace and enhance portions of the current LDR Part 3, Chapter 2. Zoning, Sections 5 through 8. IX. CITY MANAGER'S REPORT: A. Proposed Briny Breezes' Comprehensive Plan Amendment B. Report on Property Tax Legislation C. Status Update on Chickee Huts in the City X. FUTURE AGENDA ITEMS: None XI. NEW BUSINESS: A. Discussion on transferring CRA responsibilities to the City Commission B. Discussion of water surcharge on businesses in the City 6 Agenda Regular City Commission Boynton Beach, FL June 19, 2007 XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-011 RE: Approving the revision of Chapter 2.5, Alarm Systems, City of Boynton Beach Code of Ordinances. 2. Proposed Ordinance No. 07-012 RE: Approving the revision of Chapter 9, Fire Protection and Prevention, City of Boynton Beach Code of Ordinances to ensure compliance with the F/orida Fire Prevention Code, pursuant to Florida Statute 633.025. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-013 RE: Amending the Land Development Regulations (LDR), Chapter 5, PLAmNG, to clarify the requirements to re-plat any previously platted property due to any reconfiguration of the property or the combining of properties to create a new development. 2. Proposed Ordinance No. 07-014 RE: Amending the Land Development Regulations (LDR), Chapter 6, REQUIRED IMPROVEMENTS, to clarify the requirements applicable to development/re-development projects other than standard subdivisions. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: A. Draft Ordinance to regulate mobile food vendors. 7 Agenda Regular City Commission Boynton Beach, FL June 19, 2007 XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAlTER 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 ACTIVITY 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 CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Agenda 06/15/07 2:30 p.m. S:\CC\WP\CCAGENDA\AGENDAS\year 2007\061907 Final Draft.doc 8 I1I.-ANNOUNCEMENTS & PRESENTATIONS Item A.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final FornI Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17,2007 April 2. 2007 (Noon.) ~ June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15, 2007 April 30,2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16, 2007 (Noon) ::: I .J ~=:: .. l"1 'GJ RECOMMENDATION: The City of Boynton Beach presents Salute to Independence Wednesday, July 4,~07,(fi~ 6:30 -9:30 p.m. at Intracoastal Park. FREE EVENT. N 1'1 ~ Public Hearing o o o o o CJ City Manager's Report ::: -'~ New Business ~ c'J "'-1 NATURE OF AGENDA ITEM 13 o o o o Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements - " ---; -'-", --'":~C_' .-~) -q Legal Unfinished Business w o -CJ "'10 ,.::-: -0 EXPLANATION: Salute to Independence, Wednesday, July 4,2007 - 6:30 p.m. - 9:30 p.m. at Intracoastal Park on North Federal Hwy. just South of Gateway. A concert with the Ovation Band begins at 6:30 p.m. and runs until 9:00 p.m. with a Patriotic Salute scheduled for 7:30 p.m. At 9:00 p.m. the world famous "Fireworks by Grucci" will light up the sky until 9:30 p,m. There are food & beverage vendors on site. There is limited seating, please bring your folding chairs and remember no pets or personal fireworks are allowed. There will be free park and shuttle from Bank of America on the comer of US 1 and E. Ocean Ave. from 6:00 p.m. to 10:00 p.m. For information call 561-742-6246. PROGRAM IMPACT: FISCAL IMPACT: (special events budget) AL TERN A TIVES: e/Q} City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance c#( (!;V~,~' ~f1-J 6-e-ZL ~. S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC Sl'","Y 0;::,. ,. f... ... \ i' \ \j:l \ ) :t ,0 \, .......... . ... / () "..p ''1''o;::r",'''' III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.l.a CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 17, 2007 April 2, 2007 (Noon.) X June 19, 2007 June 4, 2007 (Noon) D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15, 2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) NA TURE OF AGENDA ITEM D D D D D Public Hearing D Approve the proclamation designating the week of June 29 through July 5, 2007 as National Clean D D AnnouncementslPresentations City Manager's Report New Business Administrative X D Consent Agenda Code Compliance & Legal Settlements Legal Unfinished Business RECOMMENDATION: Beaches Week. EXPLANATION: The Clean Beaches Council is an organization whose mission is to promote clean and healthy beaches through public awareness and voluntary programs. National Clean Beaches Week is part of a broader effort to recognize Great Outdoor Month during the month of June. Beaches are a great way for the public to experience the wonders of the outdoors. Each year approximately 250,000 people visit the City's Oceanfront Park. As a result, trash and debris can accumulate at the beach at a fast rate. Every Monday morning and on the first Saturday of the month, Oceanfront Park beach is cleared of trash by the Sandsifters, an organization made up of community volunteers and supported by the City of Boynton Beach and Keep Palm Beach County Beautiful. The City has developed a pro-active approach to cigarette littering with the installation of a Butt-Bag System and butt disposal canisters and the giveaway of personal ash trays. By making this proclamation, all citizens will be encouraged to participate with the Sandsifters in assuring that the City's beach remains clean and healthy. PROGRAM IMP ACT: The proclamation will help promote clean beaches and volunteerism through the Sandsifters organization. FISCAL IMPACT: NI A AL TERNA TIVES: Not to pass the proclamation. ('~ Department Head's Signature City Manager's Signature Assistant to City Manager ~ Recreation and Parks Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC WHEREAS. the Clean Beaches Council. as part of Great Outdoors Month has designated the \veek beginning June 29. 2007 as National Clean Beaches Week: and WHEREAS. beaches represent a critical part of our natural heritage and a beautiful part of the American landscape: and WHEREAS. beaches are sensitive ecosystems. susceptible to degradation and alteration from pollution. sea level rise. natural forces. untreated sewage. and improper use: and WHEREAS, communities and government have undertaken significant measures to keep beaches clean and healthy; and WHEREAS. Americans make nearly 2 billion annual trips to the ocean. gulf and inland beaches and contribute significant resources to the local. state and national economy: and WHEREAS. 75% of all recreational actIvity occurs within a half mile corrid( around the shorelines of our beaches. rivers and lakes; and II II II II I I I I I WHEREAS. coastal tourism and healthy, fresh seafood tuels robust economies - sustaining communities and supporting jobs along the coastal U.S: and Now, therefore. I. Jerry Taylor. Mayor of the City of Boynton Beach. Florida. do hereby proclaim June 29 - July 5. 2007 as: "NATIONAL CLEAN BEACHES WEEK" IN WITNESS WHEREOF. I have hereunto set mv hand and caused the seal of the City of Boynton Beach. Florida. to be affixed this 19ih day of June. Tvvo thousand Seven. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (C orporate Seal) Environment: South Florida Sun-Sentinel Page 1 of3 Sun-Sentinel 0 com ~ Please register or login ~ Subscribe to paper HOME I NEWS I SPORTS i ENTERTAINMENT I SHOPPING I CLASSIFIED I BUSINESS I WEATHER SOUTH flORIDA EI1aTHE lATEST NEWS SEAiKH '.' SOl.. >Search Classified >Find a Job >Buya Car >Find Real Estate >Find an Apartment >Place a Classified Ad > Buy a LocalLink >ShopLocal >Boodle Coupons INSIDE OPINION Cartoonist Chan Lowe Columnists CHANNELS NEWS Broward County Palm Beach County Regional/Florida Cuba Nation/World The Help Team Legislature Education Florida Lottery ;tuaries ..'lEATHER Hurricane Webcam SPORTS Miami Dolphins Florida Marlins Miami Heat Florida Panthers University of Miami High School College Blogs/Columns BUSINESS Insurance Personal Finance Real Estate News Small Business EDITORIAL Letters Chan Lowe Cartoons BLOGS COLUMNS SOUTHFLORIDA.COM Entertainment Events 'taurants vies &. TV Music S. Stage Nightlife &. Bars Florida Getaways Celebrity News Horoscopes Environment South Florida Sun-Sentinel Editorial Board Posted May 26 2007 ISSUE: Cities look to cut down on litter. Plan on hitting the beach this Memorial Day weekend? If so, do yourself and your fellow man a favor and pack a Iitterbag next to the su nscreen. Despite the affection most South Floridians and tourists harbor for the beach, the sandy shores remain a dumping ground for discarded soda cans, wrappers, straws, Styrofoam plates -- you name it, you've probably spread your towel over it. Smokers are the biggest offenders, with cigarette butts accounting for the most frequently littered items on beaches across America. It's such a burning concern that cities from Pompano Beach to Delray Beach and beyond are looking for ways to restrict how and where people can light up on the sands. But smokers are not the only litterbugs. Beach cleanups are popular community outings throughout South Florida simply because beach litter of all shapes and sizes, from all types of people, is a constant concern. ~oynton Beach has been a leader in trying to eradicate the problem with its pilot program, putting extra trash cans at beach entrances, having lifeguards and concession stand workers pass out plastic reusable ashtrays, putting up no-littering signs and monitoring the shores for trash. Palm Beach County has since adopted the approach in unincorporated areas. Now, the Sand Sifters, a Boynton-based beach-cleanup group, wants oceanfront cities across the county to join in on the effort and coordinate a consistent, unified strategy. It's a good idea, and it can't stop at the Palm Web "..hallee<! by \":0 s ONLY@VISTA BMWTHRU MAY 28TH! EMPLOYEE PRICING BIIM CERTIFIED PRE-OWNED VEHICLES ATTHE SAME PRICE OUR EMPLOYEES PAY PLUS: FIRST TWO PAYMENTS ARE ON US! IS] E-mail story @ Print story ~ Most e-mailed ~ News on your cell ~ RSS news feeds LATEST VIDEOS r ADD TO PLA YLIST [):n Local bLeas~ cancer center creates spa-like atmospher~ [):n Plans unveiled for toll eXPr~~~J~Hl~ olL!=~..5 [):n National Spellil19 Bee underway On Racy billboard stir!iA!!Jbate On Ex-Miami ~ommi~~~sioner pleads guilj:yl!Lfraca~ Dn Murder suspect cauaht after hiah- ~P!!Jed ch_ase [):n Americ;m ttlJ:!!J-,!!~n sili-_Q~id~ aJ;tacks in video [):n 'T~-patientfl~w despite warnil19 ~~ckAli I .~. -L I PLAY ALL CHECKED I MOST E-MAILED (last 24 hours) 1. Looking for a job? IKEA's hiring for new Sunrise store 2. Hogwarts coming to Universal with Harry Potter rides, shops and resta u ra nts 3. Broward sees another double-digit jump in property values, fueling tax worries IftSA SONY CARD On" CtI((J. So mu;)h 3iuil. http://www.sun-sentinel.com/news/opinionleditorial/sfl-editnbbeachlittermay26, 1,2359817 .story?ctrack=... 5/31/2007 Environment: South Florida Sun-Sentinel Dating/Personals Attractions/Outdoors Visitor's Guide FEATURES Lifestyle Arts Food & Recipes Home & Garden Travel Books HEALTH & SCIENCE COMMUNITY NEWSLETTERS RSS NEWS FEEDS f!jil CORRECTIONS OTHER SERVICES Archives Customer Service News by E-mail Beach County border. Pristine beaches are just as important to Broward and Miami-Dade, and litter will continue to spoil the scene unless government leaders across the region send a strong, united message. But in the end, it depends on beachgoers to pull their heads out of the sand and clean up after themselves n and make sure those around them do, too. So enjoy the beach, bask in the sun, ride a wave. When you leave, just make sure whatever you brought leaves with you, whether you want it or not. And don't hesitate to spread the gospel to the person under the umbrella next to you. BOTTOM LINE: It's up to you, beachgoer. 4. Lake Okeechobee ties record low today as officials struggle to keep water fiowing 5. Boy bags giant pig See the complete list... ~ Click here to ... · subscribe today to the Sun-Sentinel or caII1-877-READ-SUN. LocalLinks LOcHl RaJ:e!iN_ear 39- Yrl.,QW $430,000 for $1299/Mo. Think you pay too much?.. Mortgage-Rates .Iowermy. .. A Itern_CltL'Le.J,Q ..Qp~n BaJ;JL~u rgery Minimally invasive, corrects most spinal disorders, 21 st... www.LaserSpinelnstitute.. Buy a link here Read all 6 comments >> Type in your comments to post to the forum Name (appears on your post) Comments Type the numbers you see In the image on the right: Post Comment ~ Please note by clicking on "Post Comment" you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. ....J3e polite. In<!.Epropriate posts may be removed bY.J.he lTI..oderator:.._..__...._......~......_~.._~. -,..,.".~,..",....'"".. Subscribe today t.o the Sun-Sentinel t.md rind out how t.o gel otle week extra! SUn:'~nline1 - ClIck here Of call 1 877 READ-SUN Page..2 o! ,'...... ( ... -:l COLUMNISTS Guillermo 1. Martinez RCTV closure causes protest Earl Maucker Kingsley Guy Douglas C. Lyons Stephen Goldstein Rachel Patron Timothy Dodson Antonio Fins http://www.sun-sentinel.com/news/opinionJeditorial/sfl-editnbbeachlittermay26, 1 ,2359817 .story?ctrack=... 5/31/2007 V. ADMINISTRATIVE ITEM A. APPLICANT ELIGIBLE FOR APPOINTMENT 6/1 ~ NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION SUBMITTED Aikens Willie L. Community Redev. 6/20/06 Aqency Board Agee Beverly Planning & 3/20/07 Development Board Barnes Matthew Planning & Community Arts Commission 03/05/07 Development Board Redevelopment Aqency Buchanan James (Buck) Community Redev. 7/10/06 Aqencv Board Cwynar William Planning & 02/28/07 Development Board * * * leuchter Kurt Veterans Advisory 5/9/07 Commission ***Kurt Leuchter lives outside the City limits. The Veterans Advisory Commission does allow one regular member and one alternate member to reside outside the City limits. Those two positions are currently filled. 1 VI.-CONSENT AGENDA ITEM A.1. MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD IN BOYNTON BEACH, CITY COMMISSION CHAMBERS ON FRIDAY, MAY 11, 2007 AT 9:00 A.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jamila Alexander, Assistant City Attorney Judy Pyle, Deputy City Clerk CALL TO ORDER: Mayor Taylor called the meeting to order at 9:01 a.m. LB. Invocation Mayor Taylor announced that the City Clerk's Office was in the process of arranging for the clergy. 1.0.1 Additions, Deletions, Corrections Vice Mayor Rodriquez advised he wanted to contribute $1,000 from his Community Funds to the Peacemakers Program. Secondly, he requested an update from the CRA on the status of the Old High School. Mayor Taylor indicated he would refer the request to the CRA. Commissioner Weiland commented he wanted to discuss under New Business, complaints and code violations pertaining to Rufus Ribs, Ralph and Rosie's Restaurant, and Jordan's Towing. He inquired whether a decision would be made at the May 15, 2007 Commission Meeting pertaining to Intown. Mr. Bressner replied staff resources were not available to complete the analysis by the May 15, 2007 Commission Meeting. Additionally, he was awaiting information from Intown as to timing, method of payment, revenue source, the manner in which they would be subsidized, and other unresolved issues. Mayor Taylor advised staff from Code Compliance would be available at the May 15, 2007 Commission meeting to discuss Commissioner Weiland's concerns. Mr. Bressner advised he would determine the status of violations at Ralph & Rosie's Restaurant. As to Jordan's Towing, while the review was being conducted, the company was not permitted to perform towing services for the City; however, it was his understanding they were not restricted from operating in the City. fv1inutes Agenda Preview Conference Boynton Beach, FL Hav 11, =wc Commissioner Weiland asserted the City was obligated to ensure the citizens of Boynton Beach were provided with professional services from establishments which had occupational licenses in the City, and to ensure these establishments would be held accountable for such services. Mr, Bressner advised the State Attorney's Office was reviewing criminal charges against individuals associated with Jordan's Towing, and until such time as this matter was investigated, he would not recommend the City release the suspension of business with respect to City work, With regard to XI.D, Modification of Community Investments Funds, Vice Mayor Rodriguez suggested the City Commission consider requiring post-expenditure reports as a condition of funding. The reports would be required from recipient organizations and would reflect the manner in which the funds were utilized, A vote could be taken at the May 15, 2007 Commission Meeting. Motion Commissioner McCray moved to accept the Agenda as amended. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. III.C.3.Presentation of Certificates of Appreciation for approximately 200 volunteers who participated in the Great American Cleanup held on Saturday, April 21, 2007. Mr. Bressner commented he hoped the volunteers would be present to accept their certificates. IV. PUBLIC AUDIENCE Mayor Taylor advised at the last meeting, the issue arose with regard to allowing a charter school in the City's industrial area. He believed the Commission voted unanimously not to go forward with zoning changes relating to the school. However, he was contacted by several representatives from the school, and he had granted their request to address the Commission this morning. Commissioner Weiland remarked when this issue was discussed, he indicated he was in favor of going forward; however, he would concur with the majority vote of the Commission. He did not believe that an actual vote was taken. Mayor Taylor emphasized there was no dissention to the Commission direction declared at the last meeting. Wayne Owens, Principal and Chief Operating Officer of the Charter School of Boynton Beach, indicated the school had been operating in the City since the fall of 2002 and at that time, was located at the Boynton Beach Mall. Thereafter, the school relocated to the Levitz Plaza in Delray Beach/Boca Raton, predicated upon the safety of the students. Approximately 200 students, kindergarten through the sixth grade, were enrolled in the school, and were from all four districts in Boynton Beach. Mr. Owens advised the school was a Title I 2 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 school and competitive in FCAT scores. They would like to return to Boynton Beach, and Mr. Owens requested the Commission's assistance with respect thereto. He advised with the help of realtor Tom McGillicuddy, a stand-alone building was identified in Boynton Beach in which to house their students. Measures would be taken with regard to the safety issues. While the school was one of two bidders for the Old High School, the bid was awarded to Five Towns College. The school was a small, family-oriented institution which provided an accelerated curriculum, and was the first charter school in Boynton Beach. They specialized in foreign languages and technology. Mayor Taylor advised the Commission had no dilemma with the school's curriculum. The entire point of the Commission's discussion related to the location of the building, which was in an industrial-zoned district. He advised of an unoccupied facility on N. Railroad Avenue and Martin Luther King Boulevard that formerly housed a charter school, and suggested contacting the property owner with regard to possibly leasing the building. The area was properly zoned for the establishment of a school. Mr. Owens stressed the importance of a central location for the school in order to serve Boynton Beach students and to negate perceived stereotypes relating to certain neighborhoods. He professed there was nowhere else for the school to relocate. Commissioner Weiland requested Mr. Owens address issues resulting from students walking to school and/or lingering in front of business establishments, as well as traffic patterns relating to dropping off and picking up students. Mr. Owens replied students were either dropped off by parents or transported by school buses. No students walked to school. Unlike Palm Beach County School District, which set certain transportation parameters, charter schools were not bound by those parameters. Mayor Taylor inquired whether Mr. Owens had checked with the Chamber of Commerce to determine if there were any available facilities within the City. Mr. Owens replied over the past few years, the school had communicated with the Chamber of Commerce and the CRA, and met with the City Manager; however, nothing had come to fruition. Commissioner McKoy requested clarification as to the location of the property vacated and the safety concerns which caused the school to vacate the property. Mr. Owens responded the location vacated was the Boynton Beach Mall. Safety concerns related to an alleged gunman and several break-ins. The stand-alone building they would like to occupy would provide for enhanced security. Additionally, with the ages of the students, and after-school programs provided, there would be no idling in the streets. Vice Mayor Rodriquez commended Mr. Owens and the school; however he emphasized there were zoning restrictions pertaining to the stand-alone building in which the school desired to relocate. 3 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Mr. Owens advised the problem was one of perception and property owners were not open to housing a charter school on their premises. Tom McGillicuddy, a commercial realtor and 25-year resident of Boynton Beach, advised in the last year, he had shown Mr. Owens at least 20 buildings, not just in Boynton Beach, but in Delray Beach and Lantana as well. However, the buildings were either two large or too small, and the rents were too high. In this instance, the desired stand-alone building was suitable in all respects as it was the right size, and the landlord was doing everything possible to ensure the school's success. Pursuant to studies made, the buildings fronting South Congress Avenue could be recommended for commercial zoning sometime in the future. The new landlord for the building had repainted and put in new landscaping. Commissioner McCray referred to an earlier statement by Mr. Owens, and inquired as to why he had to call the Police Department for assistance. Mr. Owens replied there were issues when the school was located in the Boynton Beach Mall, and he was trained to look out for suspicious-looking individuals, as were the mall security and Boynton Beach Police Department. Motion Commission HeCray moved to place this item for reconsideration on the agenda for the [V]ay 15, 2007 Commission Meeting. Commissioner McKoy seconded the motion. Commissioner iv'lcKoy inquired as to staff's involvement in attempting to identify possible locations for the school. Mr. Bressner advised the City had initially offered as much assistance as possible to secure a location in Boynton Beach. He pointed out the school was a private business. He opined if the City received any leads, the information would be provided to the school. It would be the school's r~sponsibility to finalize the transaction. Commissioner Weiland suggested, if this item was approved and if, for some reason, the transaction did not close, language be amended to revert the zoning back to its original intent to prevent other schools from locating in the industrial district. Mr. Bressner advised this could not be done with respect to a zoning change. Staff suggested the text amendment permit trade and other schools in the industrial district as a conditional or special use. Theoretically, once a conditional use was granted for a specific piece of property, unless it was abandoned for more than a year, another school could go in as a permitted use. Mayor Taylor emphasized his concerns relating to zoning compliance, and the school's impact on surrounding commercial businesses, if the use were approved. Mayor Taylor called the question on the motion to reconsider. 4 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Vote The motion passed 3-2, Mayor Taylor and Vice Mayor Rodriguez dissenting. Mayor Taylor directed staff to add this item to the May 15, 2007 agenda, under "Unfinished Business." Commissioner McCray inquired as to a breakout on Congress Avenue and Gateway Boulevard, and when this item would be presented to the Commission. Mr. Bressner advised this item was not on the agenda for the May 15, 2007 meeting. He transmitted a copy of Mr. Lombardi's e-mail to the City Commission to advise emergency repairs for the sanitary sewer system were underway on Gateway Boulevard. Peter Mazzella, Deputy Director of Utilities, advised staff was putting together final figures and discussing methods of restoration with the County. This information should be available for the first Commission meeting in June 2007. Mr. Bressner advised there would not be a first meeting in June as a quorum would not be present. He inquired as to the amount spent on the project to date. If the monies exceeded the amount authorized administratively, approval of the City Commission would be required, even if retroactive, to pay the bill. Mr. Mazzella advised costs to date exceeded $25,000. VI.C.2.Proposed Resolution No. R07-051 RE: Approving and authorizing execution of an Agreement for Water Services Outside the City Limits with Anthony and Latonia Beltran for the property at 1029 Seagrape Road, Lantana, FL (Hypoluxo Ridge Add 2 Lot 52). Vice Mayor Rodriguez inquired as to why additional water was provided outside the City limits during a water crisis. Mr. Bressner pointed out, as the property was located in the City's utilities service area and water was available, he believed the City had a contractual obligation to make the water available to the customers, who do pay a surcharge. He suggested he could request the City Attorney's office to address this in greater detail; however, in earlier discussions regarding property near Gulfstream, the opinion was the City was obligated to provide water services as the property was in the City's utilities service area. Vice Mayor Rodriguez suggested the City Attorney's Office explore suspending the provision, pending Commission approval, until the water situation was under control. 5 Minutes Agenda Preview Conference Boynton Beach, FL f'.1ay 11, 2007 VI.C.3.Proposed Resolution No. R07-052 RE: Approving and authorizing execution of the amendment of the Interlocal Agreement between Palm Beach County and the City for funding of construction of the replacement of the Wilson Center, extending the project completion date of December 31, 2007. Commissioner McCray inquired whether the Wilson Center would be completed by December 31, 2007. Wally Majors, Recreation and Parks Director, advised the project was ahead of schedule and the projected completion was now November, 2007. VI.C.4.Proposed Resolution No. R07-053 RE: Approving and authorizing execution of a Local Agency Program Agreement (LAP) with the State of Florida Department of Transportation (FOOT) for the development of bikeways and greenways along an extension of the Palmetto Greens Greenway. The cost of this project is $440,000 with $50,000 for design and $390,000 for construction. This is a non-matching fund grant; therefore, no additional funds will be provided by the City. Vice Mayor Rodriguez requested clarification as to the cost of the project. He inquired whether it was totally funded by the State, as backup indicated the fiscal impact 'vvas $440,000. Jody Rivers, Park Superintendent, replied the total cost of the project was $440,000 with $50,000 for design; however, the project was totally funded by the State, and there would be no cost to the City. VI.C.5.Proposed Resolution R07-054 RE: Approving and authorizing execution of a Local Agency Program Agreement (LAP) with the State of Florida Department of Transportation (FOOT) for the development of bikeways and greenways through Barton Memorial Park and Scrub for a safer route to Galaxy Elementary School. The cost of this project is $112,900 with $18,300 for design and $94,000 for construction. This is a non-matching fund grant; therefore, no additional funds will be provided by the City. Mayor Taylor advised this project would also be totally funded by the State. VI.D. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same. Vice Mayor Rodriguez inquired as to the criteria for vehicles to be declared surplus. Jeff Livergood, Director of Public Works, pointed out the criteria included maintenance expense, life expectancy and surplus value on the sale of the vehicle. 6 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Vice Mayor Rodriguez inquired as to why the 2005 vehicles would be included on the list and the life expectancy of the newer vehicles. Mr. Livergood explained there were occasions when vehicles were either not suitable for the purpose intended or the maintenance expenses were high. He commented he would provide additional information as to the life expectancies of the newer vehicles listed. Mr. Bressner advised the life cycle for a squad car was approximately three years, although the life cycle of the take-home vehicles may have improved. It had not been determined whether the adjustments were made in the fleet plan with respect thereto. VIII.A Project: Agent: Owners: Location: Description: Healing Heart/White Elk, LLC (SPTE 07-005) Nancy Keller, Managing Member of White Elk Enterprises, LLC White Elk Enterprises, LLC 226 SE 23rd Avenue Request for a one (1) year site plan time extension for major site plan modification approval granted on March 21, 2006 from March 21, 2007 to March, 21, 2008 Mayor Taylor commented he believed the site plan time extension was for 18 months rather than one year as noted on the agenda. IX.B. Status report on Youth Violence Prevention Project Commissioner McCray requested clarification from the City Attorney as to the voting rights of Vice iv1ayor Rodriguez as he worked on this project and served in an advisory capacity to the Commission. He also requested an explanation as to the Community Foundation, Inc. Further, as the project would provide funds for a Juvenile Transition Center in which Commissioner McKoy's wife was a partner, he inquired whether Commissioner McKoy would be permitted to vote on this project. Mayor Taylor advised the City Attorney would look into Commissioner McCray's inquiries and report back to the Commission. Vice Mayor Rodriguez advised, for the City Attorney's information, he did not believe he had a conflict as he was neither involved in, nor tied to, any organization and was merely in an advisory position to the City and to the Commission. Commissioner McCray reiterated his requests for clarification as set forth above. IX.C. Approve making an application for Weed and Seed Community designation and funding from the U.S. Department of Justice. Commissioner McCray expressed his concern with the identification of specific boundaries required by the Notice of Intent to Submit an Application. He inquired whether the City was west or east in terms of the designated area. 7 Hinutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Regenia Scott, Neighborhood Services Hanager, explained "west" referred to the furthest boundary west; Federal Highway was the further east; Hiner Road was the furthest north and Woolbright was the furthest south. Commissioner McCray commented, with several projects coming up under Neighborhood Services, he would not want the department to be so bogged down as to negate its original intent. He received complaints from District II constituents that things were not being done and suggested exploring staffing requirements. Hr. Bressner advised he was bringing this initiative before the Commission for its review; to factor into the budget costs associated with the local match; and to address staffing concerns for this program, as well as for the other two programs. IX.D. Discussion of Proposed Interlocal Agreement with State of Florida for Railroad Crossing Equipment Maintenance for Crossing at SE 23rd Avenue and FEC Railroa. Staff is recommending that the Resolution authorizing the agreement not be approved at this time because the funding for the maintenance should come from Palm Beach County, not the City of Boynton Beach because SE 23rd Avenue is a County-maintained roadway, not a City- maintained roadway. The County receives lane-mile gas tax revenue from SE 23rd Avenue (Proposed Resolution No. R07-0S8). Commissioner McCray inquired of staff why their recommendation was not to fund this item. Hr. U''v'ergood explained staff's recommendation was more philosophical than anything else. SE 23rd Avenue was a Palm Beach County highway and, as such, it would be the responsibility of the County to maintain that roadway. Historically, the agreements put into place for maintenance of rail crossings were between the municipalities and Florida East Coast Railway (FEe). In this scenario, the State was in the process of reconstructing the signal hardware on SE 23rd Avenue. They forwarded an Interlocal Agreement whereby the City would participate in the cost sharing for the maintenance of the signal hardware, and would also participate in the maintenance of the signing and striping for that crossing. Staff had issues with this responsibility, as the City was not authorized to sign and stripe a County highway. Staff brought its concerns to the attention of the Florida Department of Transportation (FDOT) and the County agreed it was their responsibility to sign and stripe the roadway for the crossing. A secondary issue was the maintenance of the crossing hardware itself. The County contended it was the City's responsibility to pay for the crossing maintenance as it was within the City limits. The County acknowledged if the crossing had been in an unincorporated area, the County would have borne such expense. Hr. Bressner noted the County was receiving the gas tax revenue from that street. While the City was not receiving the revenue, which would proportionately pay for the work( it was the County's position the City would assume maintenance or expense responsibilities for roadways within the City's limits. The County must acknowledge its fiscal responsibility to maintain all aspects of the roadways. 8 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Mr. Livergood explained the proposed agreement was a standard agreement put forth by FDOT for the cities and Palm Beach County, and the County required all municipalities participate. The fundamental issue was whether this was a County or City financial responsibility. Mayor Taylor inquired whether there were examples of other crossings in other cities and whether those costs were borne by the municipalities or by the County. Mr. Bressner believed the costs were borne by the municipality. The City of Boynton Beach would be the first municipality to question this issue, and the agreement would be the first to fall under a new set of rules if negotiated pursuant to the City's wishes. Commissioner McCray inquired whether the $5,000 would be an annual expense. Mr. Livergood advised it was an estimated expense. IX.E. Review and approve the Avenue of the Arts program. Mr. Bressner explained this was a policy matter addressed to determine whether the City wished to go forward with this program at this time. X. FUTURE AGENDA ITEMS As the Commission would not be meeting on June 5, 2007, Mr. Bressner inquired whether the Commission would be amenable to conducting an abbreviated meeting on May 29, 2007. This would provide an opportunity for Mr. Bressner to address any necessary business items as well as present preliminary information on the budget. Commissioner McCray inquired of staff whether they believed a special meeting was warranted in terms of issues which might arise. Mr. Bressner remarked he had already alerted Mr. Rumpf as to possible zoning matters and notice requirements with respect thereto. Accordingly, he believed sufficient notice would be provided where necessary. Commissioner McCray inquired as to when Mr. Bressner recommended scheduling the budget review. Mr. Bressner replied the budget review would be scheduled for early July 2007 and as such, he might require an opportunity to provide a preliminary snapshot in late May 2007. Staff was in the process of completing the program analysis, and the comparative information should be available at that time as well. Mayor Taylor advised Tallahassee would not have its special session until June 2007. Mr. Bressner stated staff had a preliminary indication of what was being discussed; however, this could change. 9 ~1inutes Agenda Preview Conference Boynton Beach, FL ~1ay 11, 2007 Commissioners Weiland and McKoy could not commit to the May 29, 2007 date. Mayor Taylor noted there would be no Commission meeting on June 5, 2007, and an alternate date would be arranged. XI.A. Discussion of Code Amendment for Mobile Food vendors per request of City Commission at May 1, 2007 commission Meeting. XI.B. Discussion regarding Code violations at Ralph & Rosie's Restaurant on Federal Highway. XI.c. Update on the state of Jordan Towing. Mayor Taylor noted staff from Code Compliance would be available at the May 15, 2007 Commission Meeting to discuss concerns relating to items XLA., XLB. and XLC. Vice Mayor Rodriguez inquired as to when the backup would be available for the added items. Mr. Bressner replied he would provide the backup to the Commission on Monday, May 29, 2007. XII.C.2.Proposed Ordinance No. 07-012 Re: Approving the revision of Chapter 9, Fire Protection and Prevention, City of Boynton Beach Code of Ordinances to ensure compliance with the Florida Fire Prevention Code, pursuant to Florida Statute 633.025. (City Manager recommends that if this item is approved on first reading on May 15, 2007 that second reading of the Ordinance be tabled to June 19, 2007 to allow public review and comment Mr. Bressner noted the ordinance provided for substantial changes in the Fire Code, and advised the additional time between the first and second readings would provide an opportunity for the business community to review the changes. William Bingham, Fire Chief, added the Fire Code had not been changed in nine years, and the timeframe between the first and second readings would provide everyone with an opportunity to review the ordinance. Chief Bingham spoke with Mr. Jurgenson at the Chamber of Commerce, and Mr. Jurgenson advised he would be sending information to the businesses in the City with respect to the ordinance. XII. E. Other 1. Approve proposed settlement of $7,000 of attorney's fees for John W. Little, III and John Bryan, counsel for Alberta K. Bell, individually and d/b/a JS Convenience Store or Bells Quick Stop and Octavia Bell, individually and d/b/a JS Convenience Store or Bells Quick Stop, Bells 10 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Quick Stop, Inc., an involuntarily dissolved Florida corporation (Parcel No. 114). 2. Approve proposed settlement of $2,000 of attorney fees for John W. Little, III, counsel for Johnny Lee Roberts, individually and d/b/a Roberts Restaurant and Betty J. Roberts, individually and d/b/a Roberts Restaurant (Parcel No. 110). 3. Approve proposed settlement of $2,250 of attorney's fees for John W. Little, III, counsel for Triumph the Church Kingdom of God in Christ, Inc. (Parcel No. 103). 4. Approve proposed settlement of $18,982 of attorney's fees and costs for John W. Little, III and Sachs, Sax, & Klein, counsel for Marwan Ghali and Suhair Gali (Parcel Nos. 104, 106 & 115) and appraisal fees for Allied Appraisal, Callaway & Price and Donald Muncy. Assistant City Attorney Alexander advised all four actions were eminent domain lawsuits and were handled by the same opposing attorney. The City dismissed the lawsuits in May 2006 following a change in the Florida Statutes. The change required the City to be responsible for attorney's fees in order to go forward with eminent domain proceedings. The City Attorney's office was able to negotiate down the opposing attorney's fees. Vice Mayor Rodriguez questioned why the City would be responsible for the attorney's fees as the eminent domain lawsuits were filed during the time when the City was able to do so legally. Ms. Alexander replied under the Statute, the City would still be responsible for the attorney's fees in eminent domain proceedings. ~J]r. Bressner added even if the Statute had not been changed and the City voluntarily withdrew from the case, the City would still be obligated under the statue as a result of an unfunded mandate. Vice Mayor Rodriguez inquired whether any of the property owners were now wiling to sell. Mr. Bressner advised the properties were in the Martin Luther King, Heart of Boynton area, and as such, it would be the decision of Intown to discuss any sale with the property owners. Vice Mayor Rodriguez inquired whether the City or CRA acted on this. Mr. Bressner commented the City acted on behalf of the CRA. The CRA originally identified the parcels for acquisition, as the CRA did not have eminent domain authority. Thus, it was necessary for the CRA to request the City to approve the eminent domain actions. Thereafter, the laws changed, and the City lost the authority for eminent domain. Vice Mayor Rodriguez inquired whether the CRA should reimburse the City for the legal fees. 11 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Lisa Bright, CRA Executive Director, advised she was aware the CRA paid some of the fees, and it was her understanding the CRA would be responsible for these fees. XIV. ADJOURNMENT There being no further matters to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:58 a.m. CITY OF BOYNTON BEACH Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez ATTEST: Commissioner - Ron Weiland Janet M. Prainito Commissioner - Mack McCray :~--L 01 Stephal41e D. Kahn Commissioner - Carl McKoy 12 VII-CONSENT AGENDA ITEM AI2 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 15, 2007 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Jose Rodriguez Mayor Taylor called the meeting to order at 6:31 p.m. Commissioner McCray offered the invocation and Vice Mayor Rodriguez led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner McCray moved to approve the agenda. Commissioner McKoy seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: 1. June 5, 2007 City Commission meeting cancelled. 1 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Mayor Taylor announced the City Commission meeting scheduled for June 5, 2007 had been cancelled due to the anticipated lack of a quorum. B. Community and Special Events: None C. Presentations: 1. Proclamations a. National Police Week - May 13-19, 2007 Mayor Taylor proclaimed May 13 - 19, 2007 as National Police Week and May 15, 2007 as Police Officers' Memorial Day. He presented the proclamation to Chief Matt Immler. Chief Immler expressed gratitude to the Commission and the City of Boynton Beach for their support. He reminded all those present that the Boynton Beach Police Department is dedicated to serving the citizens. Mr. Bressner commented the Assistant City Manager, Wilfred Hawkins, started his career as a law enforcement officer in 1985 in the patrol division and vice narcotics unit and became the department's crime prevention and community relations training officer. There was a legacy in Mr. Hawkins starting with his law enforcement background, through to his time as the Assistant City Manager and upon his recent demise. ~v1r. Bressner announced there V'v'as a condolence book in the lobby for signatures to be presented to the family. b. Code Enforcement Officers Appreciation Week - June 4-8, 2007 (Added due to June 5th meeting cance/lation) Mayor Taylor also proclaimed the week of June 4 - 8, 2007 as Code Enforcement Officers Appreciation Week and presented the proclamation to Scott Blasie, Code Enforcement Administrator. Mr. Blasie thanked the Commission and City Manager for their continued support. 2. Presentation of the Peacemakers Program of the Community Development Corporation to the City Commission in gratitude for their support. Steven Miller, 27A Crossing Circle, of the CDC Faith Based Initiative Program and Peacemakers, including children from Galaxy and Poinciana Elementary Schools, presented certificates of appreciation to Mayor Taylor and Commissioners McCray and McKoy for their loyal support and contributions. Mr. Miller explained the children involved in the program are from challenging neighborhoods. The program started in 2001 and has received assistance 2 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 from the City since 2002. Mayor Taylor noted all the children were special and had endless opportunities ahead. Commissioner McCray was honored to receive the certificate. Commissioner McKoy thanked the Peacemakers for recognizing the small part the Commission has played in developing the program. Mr. Miller also recognized Chief Immler and the Boynton Beach Police Department for their contributions to the program. Chief Immler stressed programs such as the Peacemakers are the key to eliminating the gangs and violence within the City. Lastly, Mr. Miller presented a certificate of appreciation to City Manager Bressner for his time and resources to assist the Peacemakers. Mr. Bressner echoed Chief Immler's remarks and presented each of the children present with a City of Boynton Beach pin. Mr. Miller also thanked the newly elected and appointed Commissioners for their support and looked forward to working with the entire Commission in the future. Commissioner McCray noted in the agenda that Vice Mayor Rodriguez would be donating $1,000 from his discretionary funds to the Peacemakers. 3. Presentation of Certificates of Appreciation for approximately 200 volunteers who participated in the Great American Cleanup held on Saturday, April 21, 2007. Regenia Scott, Neighborhood Services Manager, reported 16 groups had participated in the Great American Cleanup. It is an annual event held across the entire City to keep Boynton Beach clean and beautified. She acknowledged the participation of the Boynton Beach CDC Peacemakers, Girl Scout Troop #323, Boynton Terrace Neighborhood Association, Ridgewood Neighborhood Association, School House Children's Museum, Inlet Cove Association (INCA) and Bethesda Memorial Hospital. Village Royale on the Green, Haitian Bethel Baptist Church, Deliverance by Faith Church, New Mount Zion f\1issionary' Baptist Church, Poinciana Heights Neighborhood Association, Boynton Hills Neighborhood Association, Four Sea Suns Condo Association, and Golfview Harbour Neighborhood Association were also recognized. Mayor Taylor thanked the participants and acknowledged it made the City of Boynton Beach a better place to live. 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) Herb Suss, Quail Run, noted, with remorse, the passing of Wilfred Hawkins. He admonished the Commission for not dealing with the situation between Intown and the CRA development of the Heart of Boynton. Mr. Suss suggested Intown should be removed from the negotiations and the development plans disbanded. He did not agree with the density or height of the proposed plans. Mr. Suss also felt the Commission should not flip flop on any issue. James Bogert, 721 SW Lake Court, President of Palm Beach Leisureville, appealed to the Commission to reconsider their decision relating to the truck route for the Ocean 95 Plaza. He felt it was contrary to the goals of the visioning planning assembly. In his opinion, the truck 3 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 traffic would deteriorate the neighborhood and diminish the redevelopment efforts of individual homeowners. Stephanie Mingo-McKoy, 69 Citrus Park Lane, spoke regarding continuity as the key to the success of youth. As the Executive Director of the Juvenile Transition Center, she announced there are twelve seniors from the Center graduating this year being honored at a banquet. Mrs. McKoy requested more support from the City for students as they transition from teens to adults. Jonah Tennant, 653 SW 4th, pledged a continued fight against the truck route and the injustice. Matt Burger, 221 SW 6th Street, contended the proposed truck route through Lake Boynton Estates was a bad idea for the children and park and playground within the community. There would be the potential for even further industrial development in the area with the only access through the neighborhood. He predicted the residential area would become a slum. Mr. Burger asked the Commission to reconsider the truck route for the safety of the community and the residents. Carol Fretwell, 713 SW 3rd Avenue, distributed an illustration of the blind zones on large trucks and recognized by the Florida Highway Patrol. While eminent domain against a neighbor was not pleasant, she could foresee imminent death of children. She also distributed copies of the Roadway Safety Foundation Guide that described the three elements of roadway safety as driver behavior, vehicle safety and roadway safety. The economic cost could be enormous. John Fox, 135 West Ocean Drive, requested the Commission comment on the concerns of the citizens of Lake Boynton Estates, the status of the project and the Commission's intent to resolve the issues. Tom Ruffini, 504 SW 7th Street, opposed the truck route and the industrial area, especially with the lack of sidewalks going to and from the park area. He claimed Mayor Taylor had previously stated that the residents should keep their children indoors and he disagreed with that statement. He also noted a bus stop on the corner of Ocean Drive and 7th Street would be occupied during high traffic flow and could present a danger for the children. Mr. Ruffini asked the Commission to reconsider their decision. Mayor Taylor commented his previous remarks were intended to convey the children should be taught not to play in the street. Victor Norfus, 261 N. Palm Drive, sympathized with the residents of Lake Boynton Estates. His son attends Congress Middle School and he has seen many children walking to and from the school on a daily basis. He suggested an alternative route along the railroad tracks might be possible. George Tarasco, 804 SW 6th Avenue, a former builder and developer, recalled a street had been left along the railroad tracks for access to the land when the Home Depot site was 4 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 developed. Mayor Taylor pointed out the City and the developer have had extensive discussions regarding the southern route. The railroad will not allow extension of the road and another crossing due to safety concerns. Mr. Bressner stressed over the years the railroad right-of-way had been realigned and the suggested route was not a viable alternative. Mr. Tarasco then suggested a northern route going by the storage facility and back under the I-95 bridge. Mayor Taylor explained that route had been voted on at the last meeting and would not be viable either. Lee Wische, 1302 SW 18th Street, discussed the proposed access to the Winchester Triangle behind the railroad tracks, along the road known as Purple Heart Road. The current proposed route and increased traffic would be incompatible with residential use. Mr. Wische concluded the solution must address safety, traffic, noise, intrusion, simplicity and cost. He offered that a new crossing at Purple Heart Road would allow all traffic to the south along the railroad tracks. The current railroad crossing could be gated and retained for public safety reasons. Mr. Wische urged the City to investigate the southern route and coordinate efforts to bring a resolution to the issue. Karen Smith 221 SW 6th Street, emphasized her intention to fight to protect children from harm, especially a tragedy involving a child and a truck. No one else coming forward, Mayor Taylor closed the public audience. Mayor Taylor concluded the comments had requested a reconsideration of the former vote, being 3-2 against funding the northern route. Only those voting on the prevailing side could request reconsideration. Vice Mayor Rodriguez thanked the citizens of Lake Boynton Estates for making their opinions and views known. He felt confident that the monies could be found and the Commission should give itself an opportunity to find alternative financing in the budget. He requested reconsideration of the previous vote. Commissioner McKoy encouraged reconsideration of the decision also. Mayor Taylor advised, after listening to all sides, he was against eminent domain proceedings and the cost was prohibitive. He noted trucks will use all the available routes, so adding another route would not necessarily solve the issue. The truck route and businesses have always been there and he noted businesses have failed in the area so the additional route could be built for nothing in the long term at extensive cost. The only solution would be to change the zoning in the area when applicable. Mayor Taylor cautioned the proposed budget cuts could mean cutting jobs, rather than spending extra money. He indicated he would not reconsider his vote. Vice Mayor Rodriguez responded his survey of the area revealed other access routes could be cut off eliminating any other available access routes forcing use of the north access. He asked for an opportunity to find the monies. 5 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Mayor Taylor reminded the Commission the debt would be carried for eighteen years. He again called for any motion to reconsider. There being no response, Mayor Taylor declared the issue closed. V. ADMINISTRATIVE: A. Appointments Appointment To Be Made Boa rd Length of Term Expiration Date Mayor I IV II Taylor Weiland McKoy McCray Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Reg Reg Alt Alt 33 mo term to 12/09 33 mo term to 12/09 9 mo term to 12/07 Tabled (2) 9 mo term to 12/07 II McCray Cemetery Board Alt 9 mo term to 12/07 III II Rodriguez McCray Code Compliance Board Code Compliance Board Alt Reg 9 mo term to 12/07 33 mo term to 12/08 Tabled (2) Motion Commissioner McCray moved to move up Richard Yerzy from an alternate to a regular member. Vice Mayor Rodriguez seconded the motion. The rnotion passed unanimously. III Rodriguez Community Relations Board Alt 9 mo term to 12/07 Tabled (2) IV McKoy Community Relations Board Alt 9 mo term to 12/07 III Rodriguez Education & Youth Advisory Board Reg 21 mo term to 12/08 I Weiland Education & Youth Advisory Board Alt 9 mo term to 12/07 II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07 IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Mayor Taylor Education & Youth Advisory Board Stu NfV 9 mo term to 12/07 Mayor Taylor Library Board Alt 9 mo term to 12/07 Tabled (2) Motion Mayor Taylor nominated Willie Pearl Wilson as an alternate on the Library Board. Commissioner McCray seconded the nomination. The motion passed unanimously. Mayor Taylor Recreation & Parks Board Alt 9 mo term to 12/07 II McCray Senior Advisory Board Alt 9 mo term to 12/07 Motion Commissioner McCray appointed Rose A. Love as an alternate on the Senior Advisory Board. Commissioner Weiland seconded the motion. The motion passed unanimously. 6 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Weiland Senior Advisory Board Alt 9 mo term to 12/07 Tabled (2) II III IV McCray Rodriguez McKoy Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Alt Alt Alt 9 mo term to 12/07 9 mo term to 12/07 9 mo term to 12/07 Motion Commissioner McCray moved to table all remaining appointments. Commissioner McKoy seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Agenda Preview Conference - April 27, 2007 2. Regular City Commission - May 1, 2007 B. Bids and Purchase Contracts - Recommend Approval - Ail expenditures are approved in the 2006-2007 Adopted Budget. 1. Award the "BRIDGE REPAIRS TO SOUTH LAKE DRIVE BRIDGE" to Con Tech of Delray Beach, FL in the contract amount of $84,430 plus an owner's contingency of 10%, in the amount of $8,443, for a total project budget appropriation of $92,873. 2. Approve a piggyback off the City of Jacksonville Beach, Florida Bid #3- 0203 with AUI, LLC, of Jacksonville, FL. for Infrastructure Pipe Cleaning & TV Inspection Services with an expenditure of $507,450. 3. Approve a piggyback off of the Jacksonville Electric Authority Bid #WCS- 123-00 with Insituform Technologies Inc. of Jacksonville, FL and the City of Delray Beach contract #2002-37 with Chaz Equipment of Wellington, FL. with a total expenditure amount of $207,708. C. Resolutions 1. Proposed Resolution No. R07-0S0 RE: Approving and authorizing execution of Amendment No.2 to Task Order U-04-18-2, Stanley Consultants, Inc., in the amount of $49,858 providing for completion of the conversion of existing utility base maps to a new AutoCAD standard, conversion of contractor submittals to the AutoCAD 7 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 standard, and responding to comments as the AutoCAD standard is incorporated into the City's workflow. 2. Proposed Resolution No. R07-051 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Anthony and Latonia Beltran for the property at 1029 Seagrape Road, Lantana, FL (Hypoluxo Ridge Add 2 Lot 52). Vice Mayor Rodriguez pulled item VI.B.2. for discussion. 3. Proposed Resolution No. R07-052 RE: Approving and authorizing execution of the amendment of the Interlocal Agreement between Palm Beach County and the City for funding of construction of the replacement of the Wilson Center, extending the project completion date to December 31, 2007. Commissioner McCray pulled item VI.C.3. for discussion. 4. Proposed Resolution No. R07-053 RE: Approving and authorizing execution of a Local Agency Program Agreement (LAP) with the State of Florida Department of Transportation (FDOT) for the development of bikeways and greenways along an extension of the Palmetto Greens Greenway. The cost of this project is $440,000 with $50,000 for design and $390,000 for construction. This is a non- matching fund grant; therefore, no additional funds will be provided by the City. 5. Proposed Resolution No. R07-054 RE: Approving and authorizing execution of a Local Agency Program Agreement (LAP) with the State of Florida Department of Transportation (FDOT) for the development of bikeways and greenways through Barton Memorial Park and Scrub for a safer route to Galaxy Elementary School. The cost of this project is $112,900 with $18,300 for design and $94,000 for construction. This is a non-matching fund grant; therefore, no additional funds will be provided by the City. 6. Proposed Resolution No. R07-055 RE: Approving and authorizing execution of Amendment 1 of Task Order #U04-14-02 with Mathews Consulting for an amount not to exceed $667,843 for the purposes of designing, permitting, bidding, inspecting and providing services during construction for the Phase 1 Reclaimed Water System. Commissioner McCray pulled item VI.C.6. for discussion. 7. Proposed Resolution No. R07-056 RE: Approving and authorizing execution of a Right-of-Way Warranty Deed granting Palm 8 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Beach County a former lift station parcel adjacent to Old Boynton Road. (Added due to June 5th meeting cancellation) Commissioner McCray pulled item VLC.7. for discussion. 8. Proposed Resolution No. R07-057 RE: Approving and authorizing execution of Task Order #U07-1-1 to Arcadis, for professional engineering services related to the East Water Treatment Plant Chlorine Conversion Project for $67,634. (Added due to June 5th meeting cancellation) Commissioner McCray pulled item VLC.8. for discussion. D. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same. E. Authorize the use of $1,000 for the Peacemakers Program from Vice Mayor Rodriguez's Community Investment Funds. F. Approve emergency sewer repairs on Gateway Boulevard between Congress Avenue and Lawrence Road with the expectation that costs will not exceed $77,100 if allowed to stabilize the ground by injecting high density grout or $105,500 if necessary to excavate and re-compact the soil. Commissioner McCray pulled item VLF. for discussion. G. Approve emergency sewer line repair on Boynton Beach Boulevard between Congress Avenue and Winchester Road for a total cost for inspection and repair of $79,775. Commissioner McCray pulled item VLG. for discussion. Motion Commissioner McKoy moved to approve the Consent Agenda items not pulled for discussion. Commissioner McCray seconded the motion. The motion passed unanimously. VLC.2. Proposed Resolution No. R07-051 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Anthony and Latonia Beltran for the property at 1029 Seagrape Road, Lantana, FL (Hypoluxo Ridge Add 2 Lot 52). Vice Mayor Rodriguez expressed his concern with the strategy to provide water service outside the City limits in light of the current water shortages. He suggested a post mortem be implemented during emergency situations. Attorney Cherof advised the City had a fixed- defined water service and utility service area based on studies by the Department of 9 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Environmental Protection and in conjunction with the County water and sewer plants, in part funded by federal dollars. The City of Boynton Beach is required under those standards to make water available within the agreed upon service area. A surcharge for those customers has been assessed. Motion Vice Mayor Rodriguez moved to approve Item VI.C.2. Commissioner Weiland seconded the motion. The motion passed unanimously. Vr.C.3. Proposed Resolution No. R07-052 RE: Approving and authorizing execution of the amendment of the Interlocal Agreement between Palm Beach County and the City for funding of construction of the replacement of the Wilson Center, extending the project completion date to December 31, 2007. Commissioner McCray thanked the City of Boynton Beach for their hard work and moving forward expeditiously. Motion Commissioner McCray moved to approve Item VI.C.3. Commissioner Weiland seconded the motion. The motion passed unanimously. VI.C.6. Proposed Resolution No. R07-055 RE: Approving and authorizing execution of P..mendment 1 of Task Order #U04-14-02 'vvith ~.1athews Consulting for an amount not to exceed $667,843 for the purposes of designing, permitting, bidding, inspecting and providing services during construction for the Phase 1 Reclaimed Water System. Commissioner McCray wanted assurances that the amount would not exceed the $667,843. Mr. Bressner responded the purpose of the project was to determine the feasibility of the water reuse line being utilized for irrigation and/or water recharge in the eastern sections of the City. He did believe the amount requested was more than sufficient. Motion Commissioner McCray moved to approve Item VI.C.6. Commissioner Weiland seconded the motion. The motion passed unanimously. VI. C. 7 . Proposed Resolution No. R07-056 RE: Approving and authorizing execution of a Right-of-Way Warranty Deed granting Palm Beach County a former lift station parcel adjacent to Old Boynton Road. Commissioner McCray asked for clarification if Warranty Deeds to the County were common. Mr. Bressner replied it was common and part of the deed restrictions. 10 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Motion Commissioner McCray moved to approve Item VI.C.7. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. VI.c.s. Proposed Resolution No. R07-057 authorizing execution of Task Order engineering services related to the Conversion Project for $67,634. RE: Approving and #U07 -1-1 to Arcadis, for professional East Water Treatment Plant Chlorine Commissioner McCray requested further information differentiating the current use and proposed use. Mr. Bressner responded that both water plants use gaseous chlorine for disinfection of water. The West Plant has been authorized for conversion to the use of liquid chlorine bleach. The onsite system is much safer. The request is for conversion of the East Plant. Robert Hochberg, a registered consultant and recognized as the industry representative in Palm Beach County regarding water treatment and wastewater treatment industry, remarked the City of Boynton Beach was the most proactive municipality in identifying and eliminating the use of chlorine gas for disinfection. There was a directive from the Department of Homeland Security to remove the use of chlorine gas from any use in water and wastewater treatment facilities. Mr. Hochberg suggested an alternative to using funds for an additional study since studies had already been completed relating to onsite generation. He suggested an alternate approach would be to piggyback the purchase of the onsite generation system previously approved for the Waste Water Treatment Plant because the size of the equipment is identical. This would accelerate the elimination of chlorine gas at the East Plant and be more cost effective. It could be approached as a change order and the design fees eliminated also. Vice Mayor Rodriguez asked staff if the monies were strictly for an evaluation. Mr. Bressner responded it was for the engineering for the system. Peter Mazzella, Deputy Director of Utilities, announced the monies were for design activities to replace the current system. The exact size of the new system cannot be determined until the design work is completed. It is a short term fix to convert the old system by the end of the year including the design and permitting required by the Health Department. Mr. Bressner suggested the matter be tabled until the next meeting so more information can be obtained to clarify the request. Motion Commissioner McCray moved to table Item vr.C.S to the next meeting. Commissioner Weiland seconded the motion. The motion passed unanimously. 11 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 VI.F. Approve emergency sewer repairs on Gateway Boulevard between Congress Avenue and Lawrence Road with the expectation that costs will not exceed $77,100 if allowed to stabilize the ground by injecting high density grout or $105,500 if necessary to excavate and re-compact the soil. Commissioner McCray recalled previous problems with sewer breaks and the Department of Environmental Protection. Mr. Bressner assured the repairs were proactive based on surface conditions. Michael Low, Deputy Director of Utilities, further explained the cost would be based on the type of restoration that would be approved by the County. The pipe itself had been repaired. Motion Commissioner McCray moved to approve Item VLF. Commissioner McKoy seconded the motion. Commissioner McKoy expressed concern with the barriers on the street and hazard created. Mr. Low estimated once approval was given, it would take an additional two to three weeks to complete the restoration. Vote The motion passed unanimously. VLG. Approve emergency sewer line repair on Boynton Beach Boulevard between Congress Avenue and Winchester Road for a total cost for inspection and repair of $79,775. Commissioner McCray inquired if this repair had been completed. Mr. Low responded the repairs had been made and only payment approval was needed. Motion Commissioner McCray moved to approve item VLG. Commissioner Weiland seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: A. Approve a negotiated settlement agreement in the amount of $25,000 in the case of Jonathan Murdaugh vs. City of Boynton Beach. Motion Commissioner McCray moved to approve Item VILA. Commissioner McKoy seconded the motion. The motion passed unanimously. 12 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Agent: Owners: Location: Description: Healing Heart/White Elk, LLC (SPTE 07-005) Nancy Keller, Managing Member of White Elk Enterprises, LLC White Elk Enterprises, LLC 226 SE 23rd Avenue Request for a one (1) year site plan time extension for major site plan modification approval granted on March 21, 2006 from March 21, 2007 to March, 21, 2008 Attorney Cherof administered an oath to those intending to testify and explained the procedure. Michael Rumpf, Planning and Zoning Director, explained the request for a site plan time extension to March 21, 2008. It was a veterinarian office to be placed in a former single family home. The staff recommended approval of the request. Nancy Keller, owner of Healing Heart, agreed with all the requirements of staff. Commissioner Weiland asked the applicant for a timeframe for opening. Ms. Keller replied it would be three to six months. Commissioner Weiland commended her for improving a blighted area and adding a commercial enterprise. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve item VIlLA. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. (Vice Mayor Rodriguez left the dais.) IX. CITY MANAGER'S REPORT: A. Water, Sewer and Storm water Rate Study Report Mr. Bressner advised there would be a presentation based on an analysis prepared by staff. The rates had not been increased since 1994. Kofi Boateng, Utilities Director, reported that in 2005 the Commission had approved a study on water sewer rates to provide the level of services desired. The current study was done by 13 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 CH2M Hill Consulting Engineers, who proposed some increases in the rates. The City of Boynton Beach will continue to have one of the lowest rates in South Florida. (Vi"ce Mayor Rodriguez returned to the dais.) Dave Green, of CH2M Hill Consulting Engineers, gave a PowerPoint presentation which is on file in the City Clerk's office. He explained the rate development process that had been utilized to determine the utility cost allocations. Based on that information the rates were determined for each of the customer groups in proportion to the costs incurred. The revenue requirements for the water, sewer and storm water systems were determined and projected through 2012. It was projected there would be a 6.5% increase in operating expenses for FY 2008 and a 5.5% annual increase through 2012. The bond issue requires funds to be available for Renewal and Replacement (R&R) Expenditures and $lM annually would be transferred. The current funds will be used for current capital improvement projects. The transfer to the General Fund was projected at $4M per year through FY 2012. The existing debt service will also remain at $4M per year through FY 2012 and beyond. The extensive Capital Improvement Program has an overall budget of $180M over the five or six year period with $96M for the R&R Account and $84M for the Cap Fee Account to fund new growth. In order to finance the planned projects, it was determined that only 80% of the planned projects could be funded each year and the time period should be extended for completion of all the projects. It was decided that a $27M revenue bond issue would be needed this year, a $20M bond issue in 2009 and include state revolving fund loans of $16M in 2010. The debt service will be $2M in 2009 growing to $5M by 2012. The revenue requirements would inCiease from $27.5~.1 to $43M by 2012. The proposed rate adjustments would cover the projected costs. . The rate revenue increases for the water system would be 10% in 2008, 10% in 2009, 8% for 2010 and 4% for 2011. The stormwater rate would remain constant. The wastewater revenue rates would increase 10% in 2008, 8% in 2009, 4% in 2010, 2% in 2011 and 1.5% for 2012. The proposed water residential rates would increase the minimum charge by approximately 10% and a minimal increase based on usage plus, adding an additional rate for usage over 50,000 gallons. The residential sewer rate would increase by approximately 10% and the stormwater rate would not increase. This would result in an overall increase of approximately 8.3%. If the new category were added for those users of 50,000 or more gallons, the overall increase would be 6.8%. A comparison with other municipalities revealed the City of Boynton Beach had some of the lowest rates in the entire region even with the proposed increases. Mr. Bressner further explained the proposed rate covers the debt service for the water reuse construction project. It is a combined system cost for all the rates. It would build reserves for the bond issue necessary for the water reuse construction projects. Vice Mayor Rodriguez suggested the establishment of water reuse rates should be included in the project to capture the potential revenue. Mr. Green advised reclaimed water fee revenues would be minimal. 14 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Commissioner Weiland reiterated his view that the current and proposed rate structure unjustly penalizes larger families. Mr. Green responded the South Florida Water Management District requires a conservation oriented rate structure. Commissioner Weiland maintained basic water needs remain the same for each individual and those households with more members should not be charged extra for the same basic use. He agreed that a rate increase was needed but felt the increase should be equal across the board. Mr. Green continued with an explanation of the Capital Facilities Charge methodology and the proposed increases for both the water and wastewater fees. In comparison to other area municipalities, Boynton Beach would remain the second lowest with the increases. Mr. Green concluded the City has a significant capital improvement plan and rate increases would be required to meet the community's needs. He recommended the proposed rate increases would assist in funding those needs and the suggested rate structures should be adopted. Commissioner McCray inquired about the life expectancy of rehabilitated lift stations. Michael Low, Deputy Director of Utilities, replied approximately thirty years. Pete Mazzella, Deputy Director of Utilities, advised the majority of the lift stations are more than thirty years old. Commissioner Weiland recalled when the fire assessment was instituted the larger businesses were given a cap and he suggested the use of a consistent amount of water should be given an equal rate. He felt a system of averaging could be utilized. Vice Mayor Rodriguez contended the calculation would be taxing. Mr. Bressner advised the fire assessment had been capped due to the limitation on the amount of fire equipment allowed at a scene. A change in the water rate block plan would require a change to a policy decision. The rate structure is responsive to the South Florida Water Management District's requirements for the consumptive use permit. The request was for the Commission to direct staff to prepare the necessary rate ordinance to be effective October 1, 2007. Motion Commissioner McKoy moved to approve the preparation of a new rate ordinance. Vice Mayor Rodriguez seconded the motion. The motion passed 3-2. (Commissioners McCray and Weiland dissenting) Mayor Taylor requested permission from the Commission to allow the discussion relating to the Charter School be heard to accommodate the small children in the audience. Motion Commissioner McKoy moved to change the order of the agenda to accommodate the Charter School discussion. Commissioner McCray seconded the motion. The motion passed unanimously. (This item was taken out of order by motion.) 15 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 XIII. UNFINISHED BUSINESS: A. Revisit the text amendment to Land Development Regulations that will allow schools to be a conditional use in Industrial Use Districts. Wayne Owens, Principal of the Charter School of Boynton Beach, indicated he came to the meeting with his constituents, being the students and parents of the school. He requested assistance from the Commission to allow the Charter School to return to Boynton Beach. Several students came forward and praised not only the Principal, but also the school itself for the positive influence they had on their lives. The support of the school family was paramount to many of the students. All the students asked the Commission to reconsider the zoning change and allow the school to return to Boynton Beach. Jeannie Ward, 807 S. Chippewa, a 5th grade teacher at the Charter School, explained the commitment to the school was so great that some students awake at 5:30 a.m. to make the trip to attend the school. All but five of the children were able to obtain transportation when the school had to move to the current Delray location. She surmised it took a village to raise the children and Boynton Beach was the village for the students of the Charter School. The current location is cost prohibitive for the parents and the students cannot continue with their activities. Trina Davis, 231 N. B Street #11, Lake Worth, Treasurer of the PTG for the Charter School of Boynton Beach, requested the school be allowed to return to Boynton Beach. The school offers a family-like atmosphere that the children need. Jeannie Jones, 933 S. Ridge Street, Lake Worth, informed the Commission she had sent her children to the school due to the individuality the school setting offered. She stressed it was important to maintain the level of excellence that the school and students have already achieved. She implored the Commission to support the zoning change to aliow the school to return to Boynton Beach. Paula Turner, 206 NW 3rd Street, addressed the Commission as a concerned parent. She had two children who attended the school after attending public school. Ms. Turner elaborated on the Principal's compassion and concern for all the students that assists the children to learn and thrive. Edward Fisher, 2202 NW 21st Way, had a son in the Charter School who had been labeled as a slow learner by the public school system. His son now speaks two languages and is learning a third language. Mr. Fisher implored the Commission to let the school come back to Boynton Beach. Jeff Douglas, 2 Barefoot Lane, Lantana, FL, owner of the proposed new site of the Charter School, outlined the improvements that had been done to the building and offered to do whatever it would take to assist the school in acquiring the site for the school. He was willing to work with staff to resolve any issues. 16 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Mike Rumpf, Planning and Zoning Director, understood the importance of education; however, he pointed out action to amend the regulations to further increase competition for industrial land would be contrary to one of the initiatives of the recent assembly process. Four steps are required to be completed before the next school term begins. The zoning regulations would have to be amended including staff review and presentation to two advisory boards, ordinance readings at two different meetings, conditional use application and approval, compliance with any site improvements recommended and the permits would have to be obtained. It would be a tight timeframe to accomplish by the new school year. Mr. Rumpf commended Mr. Owens for his vision. In contrast, the necessity for industrial lands is great and the M-l study will be forthcoming with changes along the corridor that would not be compatible with a growing school campus. Warren Timm, 130 NE 26th Avenue, shared his opinion that Boynton Beach has a treasure with its industrial properties encompassing only 4.7% of the area of the City. It is rare and should be used for the greatest impact to the City being industrial development. Mr. Timm suggested a precedent not be set by allowing the school to use industrial lands. The industrial lands will benefit the City most if they are used for industrial growth. Mr. Owens corrected Mr. Timm that the children were also a treasure that will be necessary to support the industrial lands in Boynton Beach. Feasibility studies, safety studies and site plans have already been reviewed and a contingency plan has been established. Pamela Owens, Executive Director of the Charter School of Boynton Beach, pointed out other schools are in the area. Weighing the treasure of children and education against industrial development would be wrong because they share the common goal of making Boynton Beach a world class City. Herb Suss, Quail Run, recalled other properties had been rezoned at will. The children are the treasure and are vital to the growth of the City. It would be an improvement and the message would be positive to the community. Commissioner McCray noted there were many hurdles for the school, even if the Commission voted in favor of the change. He requested information regarding the proposed contingency plan. Mr. Owens responded the owner at the current location had offered the school a six- month extension. Commissioner McCray was impressed with the pleas of the children for assistance and pledged a yes vote on the issue. Commissioner Weiland explained he had originally requested the City Manager to assist the school in their search for accommodations. He commended the owner of the building for the renovations they have completed. Commissioner Weiland had also met with the real estate agent and viewed the property, proposed plans and visited the school and classes. Although three Commissioners voted not to proceed, it had come before the Commission for reconsideration. In speaking with his constituents, Commissioner Weiland found the response was negative. One of the concerns was safety of the children and another was if the school should fail, the change in zoning could allow an undesirable business to occupy the space. 17 Meeting Minutes Regular City Commission Boynton Beach, FL May is, 2007 There would potentially be a traffic flow problem on Congress Avenue and the shared driveway that exists at the location. Although he thought it was a great idea, the proposed site was not a proper location. Commissioner Weiland felt the City should work harder to find a more appropriate location for the school. Mr. Owens reported 161 out of the 187 students enrolled in the school were bused. Only 18 cars come in for drop off and pick up. There are presently 50 available parking spots. Mr. Douglas indicated an additional driveway would be an option that could be considered. The adjoining business hours would not conflict and the traffic flow would be pre-rush hour in the mornings and afternoons. Quintus Greene, Development Director, emphasized a practical consideration of the requirements of the Building Code for schools that contain many stringent regulations would need to be carefully assessed and followed. It would be a very expensive proposition to comply with the regulations and retrofit a building not designed as a school. Commissioner McKoy inquired if the issues Mr. Greene had outlined were discussed with the property owners and Mr. Owens including the additional expenses involved. Mr. Greene hoped his remarks alerted everyone to the potential problems and possible expenses. It could be done, but the economics were also a factor for consideration. Mayor Taylor commented he was generally opposed to charter schools but commended jv1r. and Mrs. Owens for the top notch facility they created. The mall was not a great location. Mayor Taylor felt there were places for schools to operate safely and efficiently. Industrial zones were not the place for schools. The traffic flow on Congress is heavy at all times of the day. He could not justify putting children in the industrial environment. Mayor Taylor wanted the school to be in Boynton Beach and would assist finding a proper location; however, the requested building was not appropriate. If approved, this would set a precedent for changing industrial zones. Commissioner McKoy asked Mr. Greene if the four components for approval could be completed by the start of a new school year. Mr. Greene did not feel it was possible even with the extension the current landlord for the school had given them. Mr. Bressner agreed the permitting process is sequential and not concurrent. Mayor Taylor inquired about the square footage needs of the school. Mr. Owens advised there was a plan to add seventh and eighth grades, so 20,000 square feet, under air, would be needed plus a playground and parking. Vice Mayor Rodriguez remarked he did not feel the school had exhausted all possibilities and may be setting itself up for failure. He described Mr. Owens as a great leader who would not give up and the school would survive. The Vice Mayor advocated saving industrial lands for industrial use. Attorney Cherof advised a motion was needed. 18 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Motion Commissioner Weiland moved to allow a text amendment for the rezoning to add schools as a conditional use in industrial zones. Commissioner McCray seconded the motion. The motion failed 1-4. (Mayor Taylo~ Vice Mayor Rodrigue4 Commissioners Weiland and McKoy dissenting.) Mayor Taylor recessed the meeting for a five minute recess at 9:40 p.m. Mayor Taylor reconvened the meeting at 9:49 p.m. IX. CITY MANAGER'S REPORT: B. Status report on Youth Violence Prevention Project Commissioner McCray thanked the City Attorney for the information relating to any possible voting conflicts. Regenia Scott, Neighborhood Services Manager, added to the written report that the executive committee would be meeting on May 23rd and that an application and teen council brochure had been designed for distribution. The screening for the two open positions had begun. The RFP should be brought before the Commission by the July 19th meeting. The police have been canvassing the area and garnered about 62 contacts. A few summer programs have begun to organize with team and intramural sports. Ms. Scott had discussed the solidarity of the dollars with the County' and they had recommended the program continue. Commissioner McCray questioned how much money would be available for the services after the three open positions were filled. Ms. Scott responded approximately $230,000 would be available for services. Next year's allotment would be mostly dedicated to direct services. She reminded the Commission new funds would be requested as of October 1st, the new fiscal year. Commissioner McCray inquired if any education programs were being offered. Ms. Scott noted the existing organizations that offer those services would be used in the interim until a more comprehensive program could be established. The intent was to build an infrastructure for the community to continue to provide the services when the grant programs ended. Vice Mayor Rodriguez added the idea was to fill the gaps between the programs and the youth. The steering committee and executive committee would be identifying those gaps and resources and integrating a concentrated program with funding. Mayor Taylor was interested in the gaps and the existing programs being offered; however there were many more areas that need a concentrated effort to improve the services offered. Commissioner McKoy added the initiative from the Criminal Justice Commission is very specific in the areas that are to be served. There was not a great deal of flexibility. Mr. Bressner noted a specific age group and geographic area had been outlined. 19 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 C. Approve making an application for Weed and Seed Community designation and funding from the u.s. Department of Justice. Mr. Bressner explained a presentation was being made to make the Commission aware of the program and before the program commenced, any local match that would be needed and any cost exposure and outcomes. Commissioner McCray recalled a Weed and Seed Program had been initiated many years ago and he questioned what had happened to the program. Mr. Bressner was not sure if the prior program was a federal initiative or a locally mandated program. Chief Immler did not recall such a program in the Police Department. Ms. Scott advised it was a comprehensive program that would mirror the target area of the youth violence prevention program. It would be a broader based program to address an array of services for elementary and seniors giving flexibility and additional resources of the federal, state and local agencies to partner and use in-kind dollars. Assistance from both the State Attorney and US Attorney have offered to bring all the necessary players together. It will focus on building a community's capacity for prevention, intervention and treatment type programs. Mr. Bressner noted the letter of intent to apply for the $lM grant would be due by May 31, 2007. Vice Mayor Rodriguez clarified the first year would require in-kind services of $43,750 and thereafter 25% of the grant match for in-kind services or cash, over a five year period, totaling approximately $225,000. Mr. Bressner commented from a staff perspective it was a worthwhile endeavor as it generated $lM, providing the existing resources are available. Motion Vice Mayor Rodriguez moved to authorize the letter of intent for the Weed and Seed application. Commissioner Weiland seconded the motion. The motion passed unanimously. Vice Mayor Rodriguez mentioned that Assistant City Manager, Wilfred Hawkins, was instrumental in the Youth Crime Prevention Program and a real asset. D. Discussion of proposed Interlocal Agreement with State of Florida for Railroad Crossing Equipment Maintenance for Crossing at SE 23rd Avenue and FEC Railroad. Staff is recommending that the Resolution authorizing the agreement not be approved at this time because the funding for the maintenance should come from Palm Beach County, not the City of Boynton Beach because SE 23rc Avenue is a County-maintained roadway, not a City-maintained roadway. The County receives lane-mile gas tax revenue from SE 23rd Avenue. (Proposed Resolution No. R07-058) Jeff Livergood, Director of Public Works, stressed Boynton Beach would be one of the first cities to raise the issue with Palm Beach County and the State of Florida. The issue is not financial, but a philosophical approach that Palm Beach County should pay the expenses as recipient of 20 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 the County Gas Tax Funds for maintenance of the road. Mr. Livergood further advised if the agreement was not approved, the allocated dollars for the crossing hardware would go elsewhere. The State would not close the crossing; the new hardware would not be installed. Motion Vice Mayor Rodriguez moved to approve Proposed Resolution No. R07-058. Commissioner McKoy seconded the motion. Mayor Taylor called for a roll call vote. Vote City Clerk Prainito called the roll. The motion failed 1-4. (Mayor Taylor, Vice Mayor Rodriguez, Commissioners Weiland and McKoy dissenting.) E. Review and approve the Avenue of the Arts program. Mr. Bressner explained staff was seeking approval to proceed with the program in light of the impending budget concerns. There were pads that needed to be installed for the placement of the art that was scheduled for completion by the August 4th Marina Festival. The approximate cost for the pads would be $38,000. Debby Coles-Dobay, Public Arts Administrator, emphasized the pads were a one time cost of $37,500 and the additional fees would be approximately $12,000 per year for the program. Mr. Bressner noted the funding source would be the art fees. The cash flow would require the monies taken from the general funds until the art fee revenues are incoming. Ms. Coles-Dobay added if the art work is sold, the City \Nould receive 10% of the sale price. Motion Commissioner Weiland moved to approve the program. Commissioner McKoy seconded the motion. The motion passed unanimously. X. FUTURE AGENDA ITEMS: A. Preliminary budget review Mr. Bressner suggested June 19th as the date for a very preliminary presentation. XI. NEW BUSINESS: A. Discussion of Code Amendment for Mobile Food Vendors per request of City Commission at May 1, 2007 Commission Meeting. Mr. Greene reported after review by staff and a written report, they did not have a recommendation one way or another. 21 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Vice Mayor Rodriguez felt three areas of concern were traffic, sanitation and logistics that could be controlled by a stringent ordinance. Lisa Bright, Executive Director of the Community Redevelopment Agency, added the agency was in favor of outside vendors for food, flowers and vendor carts. Pedestrian traffic is needed and even permanent vendors would be beneficial. Motion Vice Mayor Rodriguez moved that staff come back with recommendations for an ordinance. Commissioner McKoy seconded the motion. He added it made good sense to have something in place prior to the last minute to attract people downtown. Commissioner McCray clarified that Rufus Ribs would not be allowed in the City until the ordinance was passed. Mayor Taylor agreed and explained they did not have license to operate within the City. Commissioner Weiland agreed with the concept, but did not want to see vendors on every corner in the City. It could be restricted to specific areas. Commissioner McKoy hoped the ordinance could be expedited. Vote The motion passed 4-1. (Commissioner McCray dissenting.) B. Discussion regarding Code violations at Ralph & Rosie's restaurant on Federal Highway. Motion Commissioner Weiland moved to dismiss the discussion of Ralph & Rosie's restaurant. Commissioner McCray seconded the motion. The motion passed unanimously. C. Update on the status of Jordan Towing Motion Commissioner Weiland moved to remove Item Xr.c. from the agenda. Commissioner McCray seconded the motion. The motion passed unanimously. D. Modification of Community Investment Funds program to require mandatory, post expenditure reports to the Commission illustrating the results achieved from funding. Vice Mayor Rodriguez explained the suggested change would provide accountability to the Commission from the organizations for the funds contributed. 22 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Motion Vice Mayor Rodriguez moved to approve the accountability and a final report from any proceeds of the Community Investment Funds from Commissioners. Commissioner Weiland seconded the motion. The motion passed 4-1. (Commissioner McCray dissenting.) XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-010 RE: Amending Section 18-181 of the Boynton Beach Code of Ordinances to expand the Firefighter Pension Board's investment authority by permitting investment in all authorized investments as permitted by Florida law. (Tabled to May 15, 2007) Motion Commissioner McCray moved to remove Item XII.B.lo from the table. Commissioner McKoy seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 07-010 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Item XII.B.1. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-011 RE: Approving the revision of Chapter 2.5, Alarm Systems, City of Boynton Beach Code of Ordinances. Attorney Cherof read Proposed Ordinance No. 07-011 by title only. 23 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-011. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 07-012 RE: Approving the revision of Chapter 9, Fire Protection and Prevention, City of Boynton Beach Code of Ordinances to ensure compliance with the Florida Fire Prevention Code I pursuant to Florida Statute 633.025. (City Manager recommends that if this item is approved on first reading on May 15, 2007 that second reading of the Ordinance be tabled to June 19/ 2007 to allow public review and comment Attorney Cherof read proposed Ordinance No. 07-012 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-012 and the second reading be postponed until June 19, 2007. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. D. Resolutions: None E. Other: 1. Approve proposed settlement of $7,000 of attorney's fees for John W. Little, III and John Bryan, counsel for Alberta K. Bell, individually and d/b/a JS Convenience Store or Bells Quick Stop and Octavia Bell, individually and d/b/a JS Convenience Store or Bells Quick Stop, Bells Quick Stop, Inc., an involuntarily dissolved Florida corporation (Parcel No. 114). 2. Approve proposed settlement of $2,000 of attorney fees for John W. Little, III, counsel for Johnny Lee Roberts, individually and d/b/a Roberts Restaurant and Betty J. Roberts, individually and d/b/a Roberts Restaurant (Parcel No. 110). 24 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 3. Approve proposed settlement of $2,250 of attorney's fees for John W. Little, III, counsel for Triumph the Church Kingdom of God in Christ, Inc. (Parcel No. 103). 4. Approve proposed settlement of $18,982 of attorney's fees and costs for John W. Little, III and Sachs, Sax, & Klein, counsel for Marwan Ghali and Suhair Gali (Parcel Nos. 104, 106 & 115) and appraisal fees for Allied Appraisal, Callaway & Price and Donald Muncy. Attorney Cherof advised all items arose out of the Commission's decision to dismiss the Heart of Boynton eminent domain lawsuits. Items XILE.l, 2, 3 and 4 represented the payment of attorney fees to the plaintiffs for amounts negotiated below their original demand. Motion Commissioner McCray moved to approve Items XII.E.l, 2, 3 and 4. The motion was seconded and passed unanimously. Vice Mayor Rodriguez wanted it understood that the CRA would be billed for the expense and Mr. Bressner assured the CRA would be covering the expense. XIII. UNFINISHED BUSINESS: A. Revisit the text amendment to Land Development Regulations that will allow schools to be a conditional use in Industrial Use Districts. (This item was heard earlier in the proceedings.) B. Accept report from the Community Redevelopment Agency (CRA) on the status of the Old High School. Vice Mayor Rodriguez commented the Old High School had been abandoned for several years and is now an eyesore in the City. He suggested at least the exterior be cleaned up. Ms. Bright reviewed the previous plans for the Old High School and acknowledged efforts had been made to possibly pressure clean the exterior of the building. Many of the vendors were concerned with the extremely poor condition of the building and felt the building would be subject to more disintegration if done. There was thought that painting or wrapping the building may be an option also. Ms. Bright reminded the Commission that according to the interlocal agreement the building could revert to the City and possibly have it demolished. Landscaping could be done, but the building itself would not withstand too much pressure cleaning. Mayor Taylor suggested if some type of renovation or rehabilitation could not be accomplished by a date certain, the building should be demolished rather than waste any more funds. Vice Mayor Rodriguez agreed a timeline was needed. 25 Meeting Minutes Regular City Commission Boynton Beach, FL May 15, 2007 Commissioner Weiland advised Pamela Owens of the Charter School of Boynton Beach had expressed interest in the building. Ms. Bright indicated one of the challenges of developing the site is the lack of parking. Mayor Taylor noted none of the downtown redevelopment plans include a charter school in the area. He suggested a July 1st deadline be set. Vice Mayor Rodriguez clarified that Art Space would look at the building for a fee and give a recommendation on their ideas for its use. Ms. Bright would not agree to pay the fee. Ms. Coles-Dobay added the organization was a non-profit real estate developer for the arts. They would evaluate the possibility of building an artists' live/work project. The organization would evaluate the market also for such a project. It would take a couple months at least. Mr. Bressner advised the funds were not a budgeted expense and would have to be authorized by the Commission. Ms. Bright advised the Toronto Ballet was preparing a pro forma for the CRA and a downtown visioning charrette had been scheduled for June 16. There was agreement that the CRA would make a presentation regarding the Old High School at the July 3, 2007 Commission meeting and a decision would be made to either move forward or demolish the building. XIV. ADJOURNMENT: There being no further matters to come before the Commission, jviayor Taylor properiy adjourned the meeting at 10:46 p.m. cm OF BOYNTON BEACH: Mayor - Jerl)' Taylor Vice Mayor - Jose Rodriguez ATTEST: Commissioner - Ron Weiland Commissioner - Mack McCray Janet M. Prainito City Clerk /7 1 ,---~~..,/ / / . <-...:---;.,-- / .' ../~ / J ~ "ud:{ c.l-~ /i~/i~~> /7 /11Jdith A. Pyle // ! I ':. ./ Deputy City Clerk Commissioner - Carl McKoy 26 VI.-CONSENT AGENDA ITEM B.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) ~ June 19, 2007 June 4, 2007 (Noon) 0 May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July 1 7,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16, 2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: A motion to award the BID for the "BOYNTON BEACH MEMORIAL PARK SANDBLAST ENGRAVING OF MAUSOLEUM CRYPT AND NICHE FRONTS", BID # 043-2731-07/JA, to LAKE WORTH MONUMENT for an estimated annual expenditure of $30,000.00. EXPLANATION: On April 24, 2007, Procurement Services opened and tabulated two (2) bids. The recommendation is based on the most responsive, most responsible bidder who met all specifications. Tom Balfe, Parks Manager concurs with this recommendation, see attached memo #07-5. This recommendation was approved by the Cemetery Board. We had the choice to extend this to the previous vendor, but they did not meet the expectations that were required. PROGRAM IMPACT: The purpose of this bid is to establish a firm price for sandblast engraving of the Mausoleum Crypt and Niche Fronts. FISCAL IMP ACT: ACCOUNT NUMBER 613-3110-539-49-17 ESTIMATED ANNUAL EXPENDITURE $30,000.00 ALTERNATIVES: The only alternative for this bid would be to go back to the way that we used to do by using the bronze lettering which costs three times more. It would be in the best interest of the City to go with the sandblast engraving, as it would be less costly. .rd'~Drrecto' City Manager's Signature Procurement Services er ()tJJ S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC *****MOST RESPONSIVE, MOST RESPONSIBLE BIDDERS WHO MEETS ALL SPECIFICATIONS***** AS Bobby Je Finance Dir2ctor ANNUAL B FOR BOYNTON BEACH MEMORIAL PARK SANDBLAST ENGRAVING OF MAUSOLEUM CRYPT AND NICHE FRONTS "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation. BID DUE DATE: APRIL 24.2007 BID DUE TIME: 2:30 P.M. BID # 043-2731-07/JA )age - - VENDORS A MONUMENTAL TASK BY JOHN KELLEY LAKE WORTH MONUMENT CO. INC. P.O. BOX 2428 PMB 8235 517 N. DIXIE HIGHWAY PENSACOLA. FL 32534 LAKE VIIORTH, FL 33460 CONTACT: JOHN KELLEY CONTACT: ANN MENOR PHONE: (772) -834-3793 PHONE: (561 )-582-3553 FAX: NONE FAX:(561) 588-0585 ADDENDUM #1 SUBMITTED YES YES - PRICE FOR EXAMPLE "A" $82.00 $85.00 PRICE FOR EXAMPLE "B" $75.00 $85.00 PRICE FOR EXAMPLE"C" $70.00 $80.00 -- PRICE FOR EXAMPLE"D" $70.00 $80.00 PRICE FOR EXAMPlE"E" -~----- I--_.._~_ $64.00 _.n__ $70.00 PRICE FOR EXAMPLE "F" $58.00 .---....--- $70.00 PRICE FOR EXAMPLE "G" $58.00 $65.00 PRICE FOR EXAMPLE "H" $56.00 $65.00 PRICE FOR EXAMPLE "I" $27.00 $45.00 PRICE FOR EXAMPLE "J" $27.00 --------- ~. $45.00 PRICE FOR EXAMPLE "K" $27.00 $45.00 PRICE FOR EXAMPLE "l" ",,- $25.00 $45.00 ._~-~-- .--- PRICING FOR ADDITIONAL YEAR OF BIRTHfYEAR OF DEATH $35.00 $35.001 --- '----- $25.00 ---.---- ~-_..-----_._--- PRICING FOR ADDITIONAL lAST NAME ---1------ $35.00 -------- ~-----.--- $35.00 PRICING FOR ADDITIONAL FIRST NAME -~- _..._--~~- $35.00 ____ n_____ ~-----_..-- $35.00 -- -- -- ~- .,- -- FLAT RATE FOR EMBLEMS $25.00 $15.00 --.-..- _m CHF FRONTS AND N JSOLEUM CRYPT OF MA ,VING MEMORIAl P/\f,i< SANDRI .1\ST Ff\. ~j[A (' " SHEE ANNUAL BID FOR BOYNTON BEACH MEMORIAL PARK SANDBLAST ENGRAVING OF MAUSOLEUM CRYPT AND NICHE FRONTS "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and lime. All other offers submitted in response to this solic~ation, any. are hereby rejected as late" BID DUE DATE: APRIL 24. 2007 BID DUE TIME: 2:30 P.M. BID # 043-2731-07/JA Page 2 , ~.<- VENDORS A MONUMENTAL TASK BY JOHN KELLEY LAKE WORTH MONUMENT CO. INC: P.O. BOX 2428 PMB 8235 517 N. DIXIE HIGHWAY PENSACOLA. FL 32534 LAKE WORTH. FL 33460 CONTACT: JOHN KELLEY CONTACT: ANN MENOR PHONE: (772) -834-3793 PHONE: (561 )-582-3553 FAX: NONE FAX:(561) 588-0585 NUMBER OF PROPOSALS SUBMITTED ONE ONE SPECIFICATION CHECK OFF SHEETS SUBMITTED YES YES BIDDERS QUALIFICATIONS SUBMITTED YES YES SITE INSPECTION FORM SUBMITTED YES YES ANTI-KICKBACK FORM SUBMITTED YES YES MINORITY OWNED BUSINESS SUBMITTED YES/NOT A MINORITY YES/NOT A MINORITY OWNED BUSINESS OWNED BUSINESS CONFIRMATION OF DRUG FREE WORKPLACE YES YES/INCOMPLETE ONE ORIGINAL AND THREE COPIES SUBMITTED ONE ORIGINAL AND ONE ORIGINAL THREE COPIES COMMENTS . BOYNTON BEACH MEMORIAL PARK SANDBLAST ENGRAVING OF MAUSOLEUM CRYPT AND NICHE FRONTS SHEET BIDDER ACKNOWLEDGEl\lE:\'T Submit Bids To: PROCLRE\IENT SERVIC'ES 1 UO E. BO\llton Beach Boule\ PO, Box 310 Boynton Beach. Flonda 33425-()31 Ii T elepho!1c> (5611 742-6322 Bid Title: "ANNUAL BID FOR BOYNTON BEACH MEMORIAL PARK SANDBLAST ENGRAVING OF MAUSOLEUM CRYPT AND NICHE FRONTS~~ Bid Number: 043-2731-07/JA Bid Received By: APRIL 24~ 2007~ NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid recelVlI1g date and time is scheduled for: APRIL 24~ 2007~ no later than 2:30 P.M. (local time) and ma)' not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: I-o.--.ke- c() oM--h yr\r)()Y\liLov\e/\f L~O l-flC- - Mailing Address: s (,( N Uz-~k ~ (\./UO(-\--t, 5q~I\~~1q 9 +Lor\~o,-, 5'22- -- 3S-S: 3 .- /- (~ 6' ~-- D~f?) 1'+Lf )lk r-== ' \ ---'L '-1 GiXLf: Federal LD. Number: A Corporation of the State 0 f: l\rea Code: '5Lo\ <)lol Telephone Number: Area Code: FAX Number: City/State/Zip: ~ -~ L~...c C' \' endor Mailmg Date, //- ~/;~ ~ / ~/':-h - _______/.twthonzed Slgna.me R NN A. (v\E-f',J oA. ~ame Typed , ) I- //~'-1 '..f / L~ / I (/ <...--- ') ;, THIS PAGE TO BE SUB~IITTED ALONG WITH PROPOSAL The City of Boynton Beach (;' ..... ;". \'>-~- " r I I " J ,.... ", \ ", . .'\.. - .I j_ ':"; ~ ,~. ' = PrOC/Jrement Services ]00 E. Boyn.ton Beach Boulevard P. O. Box 310 Boynton Beach, FIQnda 33425-03 J 0 Telephone: (56]) 742-6310 FAX: (561) 742-6316 ADDENDUM #1 DATE: April! 0, 2007 BID TITLE; ANNUAL BID FOR BOYNTON BEACH MEMORIAL PARK SANDBLAST ENGRA VING OF MAUSOLEUM CRYPT AND NICHE FRONTS BID NUMBER; #043-2731-07/JA The following changes, additions, deletions, and/or information are hereby made a part of The Bid for the "ANNUAl.. BID FOR BOYNTON BEACH MEMORIAL PARK SANDBLAST ENGRAVING OF MAUSOLEUM CRYPT AND NICHE FRONTS". Tbe attached Statement of Bidder's Oualifications must be submitted witb BID: Date 1- II - D 7 ~o-Kc LU0~.h \JY\o,'\uu"\\e ?Cf. Co. GA C . YBidd7 C)~oratlOn, Fiml or Individual) ~ // A-e1J L-.. Signature (~ n\-{LI)U\~ Printed Name AnV\ LJ? Title ~lo\ - 5 'Y2-~ '3~S--=) Telephone Number THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL YJ~d ~~bbYrJ . . ns . 7 put; DIre-etal of FJllanClal Services j3 C: Tom Balfe - Parks IvIanager Demandstar com Shelf Copies City Clerk File THIS PAGE MUST BE SUBMITTED ALONG \VITH PROPOSAL LJ'-' t 1 ~ 1 '-'I 1 ~...J"_'! I ' .J..' '''''''1 "--'L STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bi.dding on work included in these General Documents shall prepare and submIt the data requested m the followrng schedule of infonnatlon. ThIS data must be included m and made part of each bid docLlment. Failure to comply with this mstmctlOn may be regarded as justificatIOn for rejecting the Contractor's proposal. . '" attach additional sheets giving the mfomlation 1. ~o.l< G '---0 64?i YnO{)LLI/V\.CICf 6;, G"l ~ 5)'1 N 0\KW I-Lu)~ k~kc LU (>(~ F L ~ '3l{~Q Name of Bidder: 2. Business Address: 3. I C1 '-{ 17 FL-c~~ d c_ When Organized: 4. Where Incorporated: 5. How many yt;ars have you been engaged in the contractin~ l;lUsiIJes~ under the_pre~~nt .L..-.....l \ finn name? [cD I 7=3L-Ct- we C~-A'e not- ( \C e--tf)S,-ec!;. em\ I qCIDr General character o;work performed by your company. R. -e.....i-a.( { CLr'Lc1 cDhol e '&:1(.., ('r,,:xlU 1fY\&Q- 1 \ 2 <<e- rLnJ) ~afJws 6. 7. Evidence of possession ofrequired licenses or business permits will be attached to Statement of Bidder's Qualifications. 8. 9. 10. Number of employees. '-f Backgrotmd and experience of principal members of your personnel, mcluding officers. * Bonding capacity. -Hi} '-.+--'2_ !")t VeJ ~f' ,"-) bo\('\J.edl 11. Have you ever defaulted on a contract? If so, where and why?"' al C) THIS PAGE MUST BE SUBMITTED ALONG \VITH PROPOSAL n _n f\~ ''1 f\ If''"! SBQ 3 _' -'- .J..' "- '-' '-' , -1 U 1. I ~ L I':". _I 1. '_, DU< i . '::::II_;~ :- 1..IU-Ii~l_,C- ~-l(l;"~n{.L ~JL\ - - ~ L-1l(f-~ Contracts on hand.'" POy..... /-(~C - VTD t=l l2--r-l~ I :] f /) \, ~ SO) 6e-1&..ra_)~..... \ t;r --rU 0 Largest completed projects (include final cost) t.J ~,...-, [\...--' \... 1P ~ .. VV~- I) ~ \.!2CZr nVnl"'C[)'>-t:u..JV\ ~ !D~IOc:)U~____ ~) J p IJS 2) 't:e rc"aA:, (\ (~, Ij~U ';',0 \QU VV\'tt LoS-, C.LJu- r \ '- \;0 l3). f=.v((&~/'C) (---"Y\oLU ~ CL-..{;V\ . fj 7 g) CLxJ.._~_ ~}v' p\.ao... <;e.. (\cob.. eu- s liV'n <C..J:....... ( n ?=- 0 \ S ~ " \J M---r-'2'...-> J 5. List all lawsuits (design and lor construction related) or arbitrations to which you have been a party and which:'" , 12 Expenence m perforrnance: . k~.-re..nc.e~... (Y\OK_~~ !+ '\Qk..~d Project S Value D\~r+cY@JC<ue.t'" 6ff+..0QCQ i);1.SG~ T()~ (\ D f S- \...,...Q....1'LQ [1 VI r:-)U '-I') ~ A- R T I,~ c' L...U2:L '- C .p, LAte {~y p ~ C-D\s--+~ \ Contact Name Phone ;:; C1\LtCK ~J~-)\d.. M ?;-""C..(7 (I ~~--n...J ~- . ,':, i.J CL-;0 I. (, If..') .:>\[1 .... ?'AYI(> .:..Jt::.l:.J I- 3 3--c.)d:3 '~; - ~~ ._----_.__._--~ I ;2..C (\1_f-'\ \c:;~tJ;cL pe.:3 1_--1, ec.::;-~ ] 3. 14 1) , arose from construction projects:'" /-1 .- ." ( \,v ~ \ ) Inl~)~' j v v 2), occurred within the last 4 years:* 3). Provide case number and style:'*' Dated at: ~ li"\-v(\~~ ---- 20J.lJ u-----/ Name: ?t-rv-n A. ,ll-eno r (printed or typed) \1 ? Title: THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ 4 SPECIFICA TIONS FOR "ANNUAL BID FOR BOYNTON BEACH MEl\10RIALPARK SANDBLAST ENGRAVING OF MAUSOLEUM CRYPT AND NlCHE FRONTS" Scope of Work: The purpose of this bid is to establish a firm price for the removal of the adhesive from each CryptlNiche Front. Sandblast engrave lettering for Single Memorial Crypt Fronts and Double Memorial Crypt Fronts will have black lettering and the Niche Fronts will be in white. City employees will remove and replace the fronts. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheet with the proposal sheet in order for a bid to be considered. ./ V The selected vendor will pick up and deliver from a designated area the /mausoleum crypt/niche fronts to be engraved. V The vendor must remove the adhesive from each crypt/niche front. ~ The vendor must sandblast engrave lettering for Single Memorial Crypt Fronts. ~ The vendor must sandblast engrave lettering for Double Memorial Crypt Fronts. /' The vendor must sandblast engrave lettering for Niche Fronts, / Any damage to the crypt or niche fronts must be reported immediately to Torn Balfe, Parks Manager at (561) 742-6252, and he will determine if the front can be repaired or replaced. / V" Letter and number style must match existing sandblast engraving. The vendor must submit (1) one original and (4) four so marked copies of the proposal. 3 Proposal Page Continued ALL PRICES F.O.B. BOYNTON BEACH It lS further agreed that the productservlce wllJ be compleled/del1\erecJ \\ilhlll ]v-'S- from the date of the Purchase Order from the ell\. ~umber OrBld Proposals Sublllltted ( SpccJJlcat10n "Check-Off' Sheet S ubrru tteel ~,-- ! '\ c~tNu '-~ Slte lnspectiOn F01111 Sublmtted (y~~O ,~/ i\nti-Kickback Form Submitted @~o Minority Owned Business Submitted ~~o ConfirmatIOn of Drug Free Workplace Submitted ~~3JNo hoYe.- LOO/+h V'))Ol\UV'r'\J2ctT COIv[p ANY NA.T\1E (S-l 0 ~ ) ~ ;?2-- 3S"S- 3 TELEPHON~ N1.ThffiER 28 \ /' - - \,,'--j // // J'lft. -<-:t:>J?'1// // ilL/I{ L ____ -~ / SIGNA TURE v'C\-f) f\ {-~, -.---l'y\ 21\0 (' PRINTED Nl\ .tvlE \/,~ TITLE THIS PAGE TO BE SURMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED CO\-IPLETE AND ACCEPTABLE BIDDER'S SITE INSPECTION CONFIRMATION BID TITLE" ANNUAL BID FOR BOYNTON BEACH IVIEMORIAL PARK SANDBLAST ENGRAVING OF MAUSOLEUM CRYPT AND NICHE FRONTS BID NUMBER: 043-2731-07/JA DA TE: APRILIO, 2007 Before me, the undersigned authority, authorized to take acknowledgements personally appeared: (/4n IC\ A. JrnC.-ll o~ as an authonzed representative of: l.-LL\-c.r~ L-Z)(ArC/-t, v');-)( ).(\u..fv\ecf...J (hereinafter called the bidder) located at 5)1 /\{. (j/'{.Io ~uJ(t lG.t-e (_{)c,)Nl ~-{_-=)~t-((oO and that said bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. ~ B~, CITY EMPLOYEE SIGNATURE c;-/()-oJ DATE OF INSPECTION 32 A~TI-KICKBACK AFFIDAVIT ST A IE OF FLORIDA ss COUJ\T'{ OF P AL\"l BF:.-6...CH L the undersigned hereby cluly S\VOl11, depose and say that no portion of the Sllm herelll 1m1 \\11\ be paid to any employees of the City of Boynton Beach as a commissIon. J(jckback. rT\\3rd or gift, directly or indirectly by me or any member of my Erm or by an officer of the corporalIon ~/~~~~"?/ . Bv / --~ ?-- - l Ac.l\1 - S N A TUR E . Sworn and subscribed before me this I ( day of it?t ,{ .20 Q 1 Printed Information: I~HA- L rJorvell l'-JAME A- ('\ Y\ A ' {'Y\ E-no JL v? TITLE LAKS ~bP-l{\ (Y'\O (v.J.LMcdtT co MP A"N')t ~~YPilB(., LEAHA L NORVELL ~~" MY COMMISSIOI" # DD4191" ~ 3 1'ofll.~~ EXPIRES: Apr 17.2009 (407) 398-0153 Fioride. Notary Servtcecom "OFFICIAL NOTARY SEAL" STA.MP 29 THIS PAGE TO BE SGBMITTED ALONG \VITH PROPOSAL II\' ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF MINORITY OWNED BUSINESS A requested fom1 to be made a part of our files for future use and infonnation. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Retum this fann with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business '7 ~ Yes No If Yes, please indicate by an "X" in the appropriate box: AMERlCAN l1'-<r:DIAN ASIAN BLACK ( ) HISP ANIC WOMEN .. ( ) OTHER (specify) ( ) NOT APPLICABLE 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 30 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL Revised 02/22/05 CONFIRlYIA TION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs cne\er.lr more bids which arc equal \Ailth respect to price. quality, and service are received the ( ;l\ UI BOYl1ton Beach or by any political subdivision Celr the procurement of com modi lies or contracwal serVices, a bid receIved from a business that certifies that 1l has implemented a drug-he:.: workplace program shall be given preference in the :lvvard process Establ1shed pnxedurec CDr processing lJe bids will be CollO\ved If none of the lied vendors have a dru~-jrc:::' \\orkpidl'C program. In order to have a drug-free workplace program. a business shall 1) Publish a statement notifying employees that the unlawful manufacture. el1stnbullOIL dispensing, possession, or use of a controlled substance is prohibited m the workplace and specifying the actions that \vill be taken against employees for violations of sLlch prohibitwn 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 bid a copy of the statement specified in subsection (l). 4) In the statement specified in subsection (1), notify the employee that, as a conditlOl1 of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any convictlon 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 five (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 emplovee who is so convicted. 6) Make a good fait11 effort to continue to mamtain a drug-free \vorkplace through implementation of tbis 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 SlJBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE ,~"iD ACCEPTABLE STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this fon11 to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Flonda 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMP ANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid # 043-2731-07/JA for ANNUAL BID FOR BOYNTON BEACH MEMORIAL PARK SANDBLAST ENGRAVING OF lVIAUSOLEUM CRYPT AND NICHE FRONTS . 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 to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perfonn Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: 33 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE lj'erv;ng Soulh Flo.~1da FaFnih:2s L~Plc~: j q47 c-_~ ~~tl'l;;:" .P. Li':'nun:e.Ji.~ ~ 1..>,l1ll,.;p.': 1 '" ,.' MEMBER MONUMENT BUILDERS Lake \;\Jorth l\tlonumellt Co., Inc. _ill OF HORT'i ~M[RIC~ THE MARK. OF EXCELLENCE Apnl 11. 2(iW Fred K. Menor, President/Secretary is a third generation stone cutter. He has been involn:d with the family business since he was 15 years old. He became the sole owner of the business 111 I CJ93 after 111'; pa1iner and mother, Mary Beth Menor, passed away. He has served on the Board of Florida Monument Builders (FMB) as Director. V]ce Pre~;;j(1ent. Prcsic!enl and currently Secretary/Treasurer. The Company has been a member of the Monument Builders ofNOlih America (MBNA) for the past 3;;; years. Fred is a former member of the American Institute for Commemorative A11 (AICA) Ann A. Menor, Vice President/Treasurer, entered the business when Mary Beth Menor first became ill in 1991. She has served as a Director for Florida Monument Builders. She has attended seminars held by AICA and MBNA and FMB. ~I STATE OF FLORIDA 451320 DEPARTMENT OF FINANCIAL SERVICES 200 EAST GAINES STREET. TALLAHASSEE. FLORIDA 32399-0361 PHONE (850)413-3039 WWW.FLDFS.COM MONUMENT DEALER LICENSE. THE MONUMENT ESTABLISHMENT INDICATED BELOW IS LICENSED UNDER THE PROVISIONS OF CHAPTER 497. FLORIDA STATUTES EFFECTIVE DATE: 10/01/05 EXPIRATION ORTE: 09/30/07 BUSINESS LOCATION: 517 N DIXIE HIGHWAY LAKE WORTH, i=L 33460 AUDIT NUMBER MON 0600044 LAKE WORTH MONUMENT CO INC 517 N DIXIE HIGHWAY LAKE WORTH, FL 33460-3039 -I l er-. --. CHIEF FINANCIAL OFFICER C l-lL/( OF LLeJ 9900246 LAKE WORTH MONUMENT INe 517 N DIXIE HWY LAKE WORTH FL 33460 " 10247 50.01B FACTORY NOT EXCEEDING 4 EMPLOYEES $66.15 $0.00 $66.15 1994-01620 ST At:~ OF FLORIDA PALM ESEACH COUN1'Y OCCUPATIONAL LICENSE .- EXPIRES: SEPTEMBER - 30 - 2007 OR-014 CLASSIFICATION LAKE WORTH MONUMENT CO INC MENOR FRED ** LOCATED AT 517 N DIXIE HIGHWAY LAKE WORTH FL 33460-3039 CNTY $33.00 TOTAL $33.00 ~s hereby Iicensedal above address for lheperlod beginning on the first day of October a.nd ending onlhethirtielh day of September 10 engage In the business, profession or occupation of: I MONUMENT STORE i I THIS IS NOT A BILL - DO NOT PAY PAID. PBC TAX COLLECTOR $33.00 OCC 049 010176 08-08-2006 Peter H. Carney TAX COLLECTOR. PALM BEACH COUNTY THIS LICENSE VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR PROPOSAL BLAJ\K BID PROPOSAL TO TI-IE CITY OF BOYJ\T01\ BEACH. FLORIDA To All Bidders Date __~____LL::_ 0 _2____ The undersIgned declares that he has carefully examined the: specl1ications and Llmiliar with its provisions and with the quality, ty1Jc and grade ofproductsenicc calkd \' The undersigned proposes to deliver the product/service in accordance with the speCIficatIons for the sandblast engraving for the sum of: SANDBLAST ENGRAVING THE FOLLOWING: Example "A" Double Crypt Front One Last Name, Two First Names and Year of BiI1h1Y ear of Death (T\\'o) $~s Price Example "B" Double Crypt Front One Last Name, Two First Names and Year of Birth/Year of Death (One) ./ $ t?~ Price Example "C" Double Crypt Front One Last Name One First Name and Year of BirthJYear of Death (One) 1> (~n I (:) l,./ Pli ce Example "D" Double Cr)1Jt Front One Last Name. Two First Names $ ?]O Pri cc Example "E" Single Crypt Front One Last Name. Two First Names. And Year of Births, '{ear ofDeatlls IT\\o) ~7D Price Example 'T' Single CI}1Jt Front One Last Name. Two First Names and Year ofBJJ1h,'{ear of Death (Onel ~ 7D P1ice 21) THIS PAGE TO BE SliBMITTED E\ ORDER FOR PACKAGE TO BE CO;\SIDERED CO\IPLETE AND ACCEPTABLE Proposal Page Continued Example "G" Single Crypt Front One Last Name, One First Name <or> And Year of Blrth/Year of Death (One) ~ (.pS Price Example "H" Single Crypt Front One Last l\ame and Two First Names $ lo~ Price Example "I" Niche Front One Last Name, Two First Names, Year of BirthfYear of Death (Two) $L{~ Pnce Example "J" Niche Front One Last Name, Two First Names, and Year of BirthfYear of Death (One) 1> t.t ~ Price Example "K" Niche Front One Last Name, One First Name and Year of BirthIYear of Death (One) ~i~ Price Example "L" Niche Front One Last Name and Two First Names ~y~ Price ADDITIONAL WORK TO BE PRICED INDIVIDUALLY AS FOLLOWS: YQj3 -i-.~ '""" ~;;./ Price ( Pricing for Additional ~YS'<11 \IrDiJ<t]~Year of Death Plicing for Additional Last Name ~3S: Pnce Pricing for Additional First Name ~3S Price Flat rate for Emblems t/s; Price 27 THIS P AGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE A.ND ACCEPTABLE PROPOSER'S SIGN-IN SHEET FOR RFQ OPENING (Please Print) RFQ NAME ANNUAL BID FOR BOYTNON BEACH MEMORIAL PARK SANDBLAST ENGRAVING OF MAUSOLEUM CRYPT AND NICHE fRONTS RFQ NUMBER: 043-2731-07/JA RFQ DATE APRIL 24, 2007 TIME 2:30 P.M. FAX NUMBER PHONE NUMBER WjAREA CODE ADDRESS CTIYL STATE & ZIP NAME OF COMPANY-fREPRESENTATIVE ~.. - - 1 'i)~kS-22 7 'fJ_~ G:dSd,__~_f"G / R),; ( ~_~___ I. (..A., _"_~~~ .--r-/' JOJ'Yl ) l)(j Y tl}fJ!'l -~~Q{ NAME OF BID: "ANNUAL BID FOR BOYNTON BEACH MEMORIAL PARK SANDBLAST ENGRAVING OF MAUSOLEUM CRYPT AND NICHE FRONTS" BID DATE: APRIL 24, 2007 BID # 043-2731-07/JA STATEMENT OF "NO BID" LISTING A A Sandblasting, Inc. 202 Mohawk Road Aubumdale, Fl 33823 Unable to meet specifications ~i ST A TEMENT OF NO BID If you are not bidding this service/commodity, 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 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: I} A J J 11. j i lay ;;0,1; fr;c , 2 () 2. /(0"/ J u/ J{ Jf C) J j Au/; L/rnj~)e, rJ. .J3~23 ~t:i) Lt 5- f 7() 7 y~ .d,~~ J /7;A . I '3 2007 WE, the undersigned have ecline to bid on your Bid # 043-2731-07/JA for ANNUAL BID FOR BOYNTON BEACH MEMORIAL PARK SANDBLAST ENGRAVING OF MAUSOLEUM CRYPT AND NICHE FRONTS because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) ADDRESS: TELEPHONE: SIGNATURE: DATE: Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform X Unable to meet specifications , Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: 33 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE VI.-CONSENT AGENDA ITEM B.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 Meeting Dates in to City Clerk's Office 0 April 17,2007 April 2, 2007 (Noon.) [8J June 19,2007 June 4,2007 (Noon) 0 May I, 2007 April 16. 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15.2007 April 30, 2007 (Noon) 0 July 17,2007 July 2,2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: A motion to award the Bid for "ANNUAL SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)", Bid # 052-2821-07/CJD to ALLIED UNIVERSAL CORPORATION, of Miami, Florida with an annual estimated expenditure of: $164,621.80 for the Utilities Department. CONTRACT PERIOD: JUNE 20,2007 TO JUNE 19, 2008 EXPLANATION: On May 23, 2007, Procurement Services opened and tabulated four (4) sealed proposals fm:::;the referenced bid. Allied Universal Corporation was the lowest, most responsive, responsible bidder ovef,!!!l air~'who meets all specifications and has provided satisfactory service in the past. Sodium Hydroxide is used at the-~estWat~r Treatment Plant to raise the pH of the product water to prevent scaling in the pipelines and to neutraliie:,hydr6gen sulfide in the off-gas scrubber. The Utilities Department purchases eighty (80) dry tons of 25% and two h1i;dred'aiid seven (207) dry tons of 50% Sodium Hydroxide. Kofi Boateng, Utilities Director, concurs with this recomiDendatl6J.i, (see attached memo#07-81). The provisions of this bid award will allow for a one (1) year extension at the sa~ tertns,', conditions and prices subject to vendor acceptance, satisfactory performance and determination that the ren~al i?~ the best interest of the City. -;: ;;72 c.f\ . I y' _ r-n'o ::::. PROGRAM IMP ACT: The purpose of this bid is to secure a source to provide the best quality Sodium Hydroxide (Liquid Caustic Soda) available at the most economical price. S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC C: Dave Ailstock - Chief Operator File CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: BUDGET ACCOUNT# 401-2811-536-52-35 2007-2008 ESTIMATED ANNUAL EXPENDITURE $164,621.80 FY 2006-2007 EXPENDITURE $147,000.00 ALTERNATIVES: It is imperative to use this chemical to prevent scaling in the pipelines and to neutralize hydrogen sulfide in the off-gas scrubber. City Manager's Signature xs~ Procu ies City Attome / Finance! S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Dave Ailstock - Chief Operator File Memorandum Utilities # 07-81 To: Bobby Jenkins Assistant Director of Fina?~i)1 Services Kofi Boateng . ';J ~iV"- ~~h- Utilities Director 4- . '- ' -- ~-I :1 , ~ () '"+- From: Date: May 24,2007 Subject: Sodium Hydroxide (Liquid Caustic Soda) Bid Number 052-2821-07/CJD Sodium Hydroxide is used at the West Water Treatment Plants to raise the pH of the product water to prevent scaling in the pipelines and to neutralize hydrogen sulfide in the off-gas scrubber. The current bid to purchase sodium hydroxide is with Allied Universal Corporation this bid has expired and can not be extended. Financial Services accepted bids (Bid # 052-2821-07-07/CJD) for the purchase of sodium hydroxide on May 23rd, 2007. Reviewing the bids using the total estimated purchase for the year using 80 dry tons of 25% and 207 dry tons of 50% Allied Universal Corporation is the lowest bidder. We recommend awarding the sodium hydroxide bid to Allied Universal Corporation with the anticipated approximate annual usage of 80 dry tons of 25% ($61,163.20) and 207 dry tons of 50% (103,458.60) for a total estimated usage of $164,621.80. We have had good service with Allied Universal Corporation and their product has worked as expected. Please place this item on the next city commission agenda to approve the bid for $165,000 dollars for sodium hydroxide to Allied Universal Corporation. These funds are available in account number 401-2811-536-52-35 in the 2006/2007 budget. If you have any questions, please contact Michael Low at 742-6403 or Dave Ailstock at 742-6953. Attachments bc: Dave Ailstock ~C\ , ':..-~Q..."" xc' Michael Low \\..~~ ~" Barbara Conboy ~ '- vYJ' File .~ ~rC!///r Chief Operator Utilities insiAssistant Finance Director ANNUAL SUPPLY OF SODIUM HYDROXIDE BID DUE DATE: MAY 23.2007 BID DUE TIME:2:30 P.M. "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, BID # 052-2821-07/CJD * -* *~ if any, are hereby rejected as late" VENDORS 'ALLlcU vVr\r . BRENNTAG MID-SOUTH HARCROS CHEMICALS. INC. 3901 NW 115 AVE. 8700 NW 36TH AVE. 5132 TRENTON ST. MIAMI, FL 33178-1859 MIAMI, FL 33147 TAMPA, FL 33619 ATTN: CATHERINE GUILLARMOD ATTN: RICARDO LOPEZ JR. ATTN: THOMAS HILLYER TELEPHONE: 305-888-2623 TELEPHONE: 305-835-7333 TELEPHONE: 813-247-4531 FAX: 305-463-8369 FAX: 305-836-1343 813-247-7917 25% SOLUTION/UNIT PRICE/DRY TON $764.54 $659.00 $764.00 MIN DEL 4,000 GALS 50% SOLUTION/UNIT PRICE PER DRY TON $499.80 $556.00 $641.00 MIN. DEL 3500 GALS SPECIFICATION CHECK OFF SHEETS 'YES YES YES SUBMITTED - CERTIFICATE OF COMPLIANCE/ YES YES YES ANALYSIS SUBMITTED .----- ~. MSDS SUBMITTED YES YES NO CALENDAR DAYS 3 WORK DAYS 3 ONE TO THREE NUMBER OF BID PROPOSALS 1 1 1 SUBMITTED --- YES YES ANTI-KICK BACK AFFIDAVIT YES SUBMITTED - YES/NOT A MINORITY OWNED MINORITY OWNED BUSINESS YES/NOT A MINORITY OWNED YES/NOT A MINORITY OWNED SUBMITTED BUSINESS BUSINESS BUSINESS .-- -' .--- ------ ._- DRUG FREE WORKPLACE YES YES YES SUBMITTED 'SEE NOTATIONS 5% BID BOND SUBMITTED -"-,-- ,----- COMMENTS 5% BID BOND SUBMITTED DRAWN ON FIDELITY & DEPOSIT DRAWN ON RLlINSURANCE COMPANY OF MARYLAND _.___._______"__m._.~._".__~____.____.___.._____ ..- ---_._-~ .-- L-_. -----_._--_.._--_._---~-'- -- _.~..,-- --.-.---.- ---_._~-_. ANNUAL SUPPLY OF SODIUM HYDROXIDE BID DUE DATE: MARCH 21, 2006 BID DUE TIME:2:30 P.M. BID # 027-2821-06/CJD "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solic~ation, if any, are hereby rejected as late" VENDORS UNIVAR, USA, INC. 155 ELLIS ROAD SOUTH JACKSONVILLE, FL 32254 A TTN: CRAIG HAUSER TELEPHONE: 904-781-1634 904-693-9844 25% SOLUTION/UNIT PRICEfTON NO BID 50% SOLUTION/UNIT PRICEfTON $487.00 SPECIFICATION CHECK OFF SHEETS YES SUBMITTED CERTIFICATE OF COMPLIANCE/ YES ANALYSIS SUBMITTED MSDS SUBMITTED YES CALENDAR DAYS 5 NUMBER OF BID PROPOSALS 1 SUBMITTED ANTI-KICK BACK AFFIDAVIT YES SUBMITTED MINORITY OWNED BUSINESS YES/NOT A MINORITY OWNED SUBMITTED BUSINESS DRUG FREE WORKPLACE YES COMMENTS !\"'~'.c:''''' f ,'>- ,"'. ;, iiJ h c ;>"j~~0 '" .- ~ fON X:> CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOro". VI.-CONSENT AGENDA ITEM B.3. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) ~ June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18.2007 (Noon) 0 May IS, 2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 AnnouncementslPresenta tions 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM r8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: A motion to multi-award by manufacturer with primary, secondary, third, and some fourth place vendors, for the "ANNUAL PARTS/SUPPLIES FOR LARGE TRUCK AND MISCELLANEOUS EQUIPMENT", Bid # 044-1412-07/JA, to the lowest, most responsive, responsible bidder. The evaluating factors used were price, availability, delivery time and warehouse processing time. This year's estimated expenditure will be: $95,000.00. CONTRACT PERIOD: JUNE 21, 2007 to JUNE 20, 2008 EXPL^"~ATION: On April 25, 2007, Procurement Services opened and tabulated eight (8) proposals for the referenced bid. It is recommended to award this bid to all proposers as primary, secondary, third, and fourth vendors. The evaluation factors used in determining the award based on price, delivery time, and warehouse processing time using their "percentage off list" discount as proposed in their bid. The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMP ACT: The purpose of this bid is to secure a source of supply of Large trucks and Miscellaneous equipment to be inventoried in our warehouse and ordered on an "as needed basis" for our Fleet Maintenll._~ce Department. --1 FISCAL IMPACT: INVENTORY ACCOUNT: 502-0000-141-01-00 L_ ESTIMATED ANNUAL EXPENDITURE $95,000.00 I ,- - Order directly from the vendor on an "As Needed" basis, therefore delaying the..,.repaii's:ef .......-' "....J_ en -1:--1 :-)---.., , '10 e Director City Manager's Signature ~ S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Michael Dauta - Warehouse Manager File The City of Boynton Beach c, 3L.\-,:....?~.. .-". -- ..." , I ~ 0\ .:Z: 0\ ~ i(J J.. ,\,.,_ _~",j~ 'ir "ON "" TO: FROM: DA TE: Finance Department WAREHOUSE DIVISION Bobby Jenkins, Assistant Director of Finance Michael Dauta, Warehouse Manager June 1, 2007 SUBJECT: Automotive Parts and Accessories Bid # 044-1412-07/JA I have reviewed the tabulation sheet sent from your office. Please go to commission to approve this bid. The evaluating factors used were price, availability, delivery time and warehouse processing time. My recommendation is a multi award by vendor with primary, secondary, third and fourth vendors. Last year's expenditures totaled $87,000. This year's estimated expenditures will be $95,000. Emdne Parts GMC Miscellaneous Heavy Equipment Mack Primary Bem1ett Auto Supply 60% off list Secondary Palm Beach Spring 50% off list Third General GMC 25% off list Third Total Truck Parts 25% off list Fourth Atlantic Truck 20% off list Primary Palm Beach Spring 50% off list Secondary Rechtien IntI. Truck 25% off list Secondary Total Truck Parts 25% off list Third Atlantic Truck 20% off list Primary Palm Beach Spring 50% off list Secondary Total Truck Parts 25% off list Third Atlantic Truck 20% off list Ford Primary Bennett Auto Supply 60% off list Secondary Palm Beach Spring 50% off list Third Total Truck Parts 25% off list Fourth Atlantic Truck 20% offlist Sterling Primary Palm Beach Spring 50% off list Secondary Total Truck Parts 25% off list Third Atlantic Truck 20% off list Volvo Primary Palm Beach Spring 50% offlist Secondary General GMC 25% offlist Secondary Total Truck Parts 25% off list Third Atlantic Truck 20% off list Brake Systems GMC Primary Bennett Auto Supply 65% off list Secondary Fleet Pride 59 - 64% off list Third Palm Beach Spring 50% off list Fourth General GMC 25% off list Fourth Total Truck Parts 25% off list Miscellaneous Primary Fleet Pride 59 - 64% off list Heavy Equipment Secondary Palm Beach Spring 50% off list Third Rechtien IntI. Truck 25% off list Third Total Truck Parts 25% off list Fourth Atlantic Truck 20% off list Mack Primary Fleet Pride 59 - 64% off list Secondary Palm Beach Spring 50% off list Third Total Truck Parts 25% off list Fourth Atlantic Truck 15 & 20% offlist Ford Primary Bennett Auto Supply 65% off list Secondary Fleet Pride 59 - 64% off list Third Palm Beach Spring 50% off list Fourth Total Truck Parts 25% off list Sterling Primary Fleet Pride 59 - 64% off list Secondary Palm Beach Spring 50% off list Third Total Truck Parts 25% off list Fourth Atlantic Truck 15 & 20% off list Volvo Primary Fleet Pride 59 - 64% off list Secondary Palm Beach Spring 50% off list Third Total Truck Parts 25% off list Third General GMC 25% off list Fourth Atlantic Truck 15 & 20% off list Chassis & Suspension GMC Primary Fleet Pride 70% off list Secondary Bennett Auto Supply 62% off list Third General GMC 25% off list Third Total Truck Parts 25% off list Fourth Atlantic Truck 15 & 20% off list Miscellaneous Primary Fleet Pride 70% off list Heavy Equipment Secondary Total Truck Parts 25% off list Third Atlantic Truck 15 & 20% off list Mack Primary Fleet Pride 70% off list Secondary Total Truck Parts 25% off list Third Atlantic Truck 15 & 20% off list Ford Primary Fleet Pride 70% off list Secondary Bennett Auto Supply 62% offlist Third Total Truck Parts 25% off list Fourth Atlantic Truck 15 & 20% off list Sterling Primary Fleet Pride 70% off list Secondary Total Truck Parts 25% off list Third Atlantic Truck 15 & 20% offlist Volvo Primary Fleet Pride 70% off list Secondary General GMC 25% off list Secondary Total Truck Parts 25% offlist Third Atlantic Truck 15 & 20% off list Miscellaneous GMC Primary Fleet Pride 58 - 93% off list Secondary Vehicle Maintenance 66 - 83% off list Third Bennett Auto Supply 52 - 70% off list Fourth General GMC 25% off list Fourth Total Truck Parts 25% off list Miscellaneous Primary Fleet Pride 58 - 93% off list Heavy Equipment Secondary Vehicle Maintenance 66 - 83% offlist Third Rechtien Intl. Truck 25% off list Third Total Truck Parts 25% off list Fourth Atlantic Truck 15 & 20% off list Mack Primary Fleet Pride 58 - 93% off list Secondary Third Fourth Ford Primary Secondary Third Fourth Sterling Primary Secondary Third Fourth Volvo Primary Secondary Third Third Fourth Vehicle Maintenance 66 - 83% offlist Total Truck Parts 25% off list Atlantic Truck 15 & 20% off list Fleet Pride 58 - 93% off list Vehicle Maintenance 66 - 83% off list Bennett Auto Supply 52 - 70% off list Total Truck Parts 25% off list Fleet Pride 58 - 93% offlist Vehicle Maintenance 66 - 83% off list Total Truck Parts 25% off list Atlantic Truck 15 & 20% off list Fleet Pride 58 - 93% off list Vehicle Maintenance 66 - 83% offlist General GMC 25% off list Total Truck Parts 25% off list Atlantic Truck 15 & 20% off list If you have any questions please contact me at 6324. Thank you. CC: Bill Mummert, Director of Finance Summary Sheet ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLJl~NEOUS EQUIPMENT BID DUE DATE: APRIL 25, 2007 BID DUE TIME: 5:00 P.M. () ~ > u Qj ~ if) E 06 <U VJ 0, Q) u 0 (ij ci ~ 0:: if) u 2 0 Q) >- "'" ui c () OJ () c Ci. "'" C :J C () ui Q) a. .= .~ :J <U 0 :J .= t c "'" if) 0 if) <U Q) 0... C () 0 ~ .c ~ :J :J Q) () "'" Oiii .= <r: D C) <U () ~ ~ Q) C :J () Q) (ij aJ Q) .= Q) :g c Q) Qj E ~ (ij 1! <U c c () .c ~ Q) Q) Q) (ij Q) <5 Q) aJ u:: C) 0... n:: I- > MISCELLANEOUS HEAVY DUTY EQUIPMENT MACK HEAVY DUTY TRUCKS FORD HEAVY DUTY TRUCKS STERLING HEAVY DUTY TRUCKS VOLVO HEAVY DUTY TRUCKS Sheet 3 Summary Sheet Lg Truck Parts'07.xls Page 1 Sumnl~'j Sheet ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT MISCELLANEOUS HEAVY DUTY EQUIPMENT MACK HEAVY DUTY TRUCKS FORD HEAVY DUTY TRUCKS STERLING HEAVY DUTY TRUCKS VOLVO HEAVY DUTY TRUCKS MISCELLANEOUS HEAVY DUTY EQUIPMENT MACK HEAVY DUTY TRUCKS FORD HEAVY DUTY TRUCKS STERLING HEAVY DUTY TRUCKS VOLVO HEAVY DUTY TRUCKS Sheet 3 Summary Sheet Lg Truck Parts'07.xls Page 2 Summary Sheet ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT BID DUE DATE: APRIL 25, 2007 BID DUE TIME: 5:00 P.M. u E c: ti v E (f) E oil ro Vl 0, v ti 0 <ii (f) ci E ti ct ID 0 v >, -"" vi E C 0. () en -"" () :J c:: () vi c:: v 0- ~ .~ :J ro 0 :J ~ t c:: -"" (f) 0 (f) ro v D... .~ u 0 :2 .c ~ :J :J v () -"" ro ~ <{ "0 <.9 ro u :2 &: v c:: :J () Q) <ii co v ~ v .~ c:: Q) ID E E u ro c:: c:: () ro :c ~ v v v ro Q) '0 Q) co u:: <.9 D... cr: I- > MISCELLANEOUS HEAVY DUTY EQUIPMENT MACK HEAVY DUTY TRUCKS FORD HEAVY DUTY TRUCKS STERLING HEAVY DUTY TRUCKS VOLVO HEAVY DUTY TRUCKS Stleet 3 Summary Sheet Lg Truck Parts'07.xls Page 3 BY MANUFACTURER; WITH PRIMARY, SECONDARY, THIRD & WAREHOUSE PROCESSING TIME. C:OME FOURTH PLACE VENDORS BASED ON PRICE, AVAILABJT1TY, ~ ----- / -,,- ( ~-~ <-~.- // -" ,.-/ ~~ -.----' .Michael Dauta, Warehouse Manager / ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT BID DUE DATE: APRIL 25,2007 BID DUE TIME: 5:00 P,M, BID #: 044-1412-07/JA VENDORS: "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation. if any, are hereby rejected as late" ATLANTIC TRUCK CENTER 3945 FISCAL CT. RIVIERA BEACH, FL 33404 PHONE: 561-840-1066 FAX: 561-840-0031 CONTACT: DAVE HARTLE BENNET AUTO SUPPLY 3141 S.W. 10TH STREET POMPANO BEACH, FL 33069 PHONE:954-335-8700 FAX:954-563-6253 CONTACT:RON TOMICH FLEET PRIDE 2250 AUSTRALIAN AVENUE RIVIERA BEACH, FL 33404 PHONE: 561-840-1558 FAX: 561-840-1503 CONTACT: LANCE C. MCDANIELS GMC HEAVY DUTY TRUCKS OEM I 20% 60% NOBID MISCELLANEOUS HEAVY DUTY OEM I 20% EQUIPMENT NO BID NOBID MACK HEAVY DUTY TRUCKS OEM I 20% NO BID NOBID FORD HEAVY DUTY TRUCKS OEM I 20% 60% NOBID STERLING HEAVY DUTY TRUCKS OEM I 20% NOBID NO BID VOLVO HEAVY DUTY TRUCKS OEM I 20% NO BID NOBID GMC HEAVY DUTY TRUCKS OEM I 20% NON CAPTIVE 15% 65% SEE NOTATIONS MISCELLANEOUS HEAVY DUTY OEM I 20% VARIOUS PRICES EQUIPMENT NON CAPTIVE 15% NOBID SEE NOTATIONS MACK HEAVY DUTY TRUCKS OEM I 20% VARIOUS PRICES NON CAPTIVE 15% NOBID SEE NOTATIONS FORD HEAVY DUTY TRUCKS OEM I 20% VARIOUS PRICES NON CAPTIVE 15% 65% SEE NOTATIONS Sheet 1 Lg Truck Parts'Ol (FINAL).xls Page 1 ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT BID DUE DATE: APRIL 25,2007 BID DUE TIME: 5:00 P.M. BID #: 044-1412-07/JA VENDORS: ATLANTIC TRUCK CENTER 3945 FISCAL CT. RIVIERA BEACH. FL 33404 PHONE: 561-840-1066 FAX: 561-840-0031 CONTACT: DAVE HARTLE OEM I 20% NON CAPTIVE 15% OEM I 20% NON CAPTIVE 15% STERLING HEAVY DUTY TRUCKS VOLVO HEAVY DUTY TRUCKS GMC HEAVY DUTY TRUCKS OEM I 20% NON CAPTIVE 15% OEM 120% NON CAPTIVE 15% OEM I 20% NON CAPTIVE 15% OEM I 20% NON CAPTIVE 15% OEM I 20% NON CAPTIVE 15% OEM I 20% NON CAPTIVE 15% MISCELLANEOUS HEAVY DUTY EQUIPMENT MACK HEAVY DUTY TRUCKS FORD HEAVY DUTY TRUCKS STERLING HEAVY DUTY TRUCKS VOLVO HEAVY DUTY TRUCKS GMC HEAVY DUTY TRUCKS OEM I 20% NON CAPTIVE 15% OEM I 20% NON CAPTIVE 15% OEM I 20% NON CAPTIVE 15% OEM I 20% NON CAPTIVE 15% MISCELLANEOUS HEAVY DUTY EQUIPMENT MACK HEAVY DUTY TRUCKS FORD HEAVY DUTY TRUCKS Sheet 1 "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" BENNET AUTO SUPPLY 3141 SW. 10TH STREET POMPANO BEACH. FL 33069 PHONE:954-335-8700 FAX:954-563-6253 CONTACT:RON TOMICH FLEET PRIDE 2250 AUSTRALIAN AVENUE RIVIERA BEACH, FL 33404 PHONE: 561-840-1558 FAX: 561-840-1503 CONTACT: LANCE C. MCDANIELS VARIOUS PRICES SEE NOTATIONS VARIOUS PRICES SEE NOTATIONS NO BID 62% SHOCKS-MONROE 70% SHOCKS - MONROE 70% SHOCKS-MONROE 70% SHOCKS - MONROE 70% SHOCKS-MONROE 70% SHOCKS - MONROE 70% NOBID NOBID 62% NO BID NO BID VARIOUS PRICES 52"10-70"10 SEE NOTATIONS VARIOUS PRICES SEE NOTATIONS VARIOUS PRICES SEE NOTATIONS VARIOUS PRICES SEE NOTATIONS VARIOUS PRICES SEE NOTATIONS NOBID NO BID VARIOUS PRICES 52%-70% SEE NOTATIONS Lg Truck Parts'O!' (FINAL).xls Page 2 ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT BID DUE DATE: APRIL 25, 2007 BID DUE TIME: 5:00 P.M. BID #: 044-1412-07/JA "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS: ATLANTIC TRUCK CENTER BENNET AUTO SUPPLY FLEET PRIDE 3945 FISCAL CT. 3141 S.w. 10TH STREET 2250 AUSTRALIAN AVENUE RIVIERA BEACH, FL 33404 POMPANO BEACH, FL 33069 RIVIERA BEACH, FL 33404 PHONE: 561-840-1066 PHONE:954-335-8700 PHONE: 561-840-1558 FAX: 561-840-0031 F AX:954-563-6253 FAX: 561-840-1503 CONTACT: DAVE HARTLE CONTACT:RON TOMICH CONTACT: LANCE C. MCDANIELS STERLING HEAVY DUTY TRUCKS OEM / 20% VARIOUS PRICES NON CAPTIVE 15% NO BID SEE NOTATIONS VOLVO HEAVY DUTY TRUCKS OEM / 20% VARIOUS PRICES NON CAPTIVE 15% NO BID SEE NOTATIONS ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT A YES/NOT A YES/NOT A MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS CONFIRMATION OF A DRUG - FREE WORKPLACE SUBMITTED YES YES YES COMMENTS ENGINE PARTS-SEE NOTATION PRICE DISC ENCLOSED ENCLOSED CD SHOWS LIST RECEIVED AFTER BID PRICE AND CITY OF OPENING BOYNTON BEACH PRICE Sheet 1 Lg Truck Parts'07 (FINAL).xls Page 3 ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT BID DUE DATE: APRIL 25, 2007 BID DUE TIME: 5:00 P.M. BID #: 044-1412-07/JA VENDORS: "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" GENERAL GMC TRUCK SALES & SERVo INC. 360 S. MILITARY TRAIL WEST PALM BEACH. FL 33415 PHONE: 561-686-8906 FAX: 561-697-8429 CONTACT: RON CHANDLER PALM BEACH SPRING CO. 324 SUNSHINE RD WEST PALM BEACH. FL 33411 PH:561-798-8900 FAX:561-798-3368 CONTACT:MARC J. GOLD RECHTIEN INTL TRUCKS, INC. 3787 INTERSTATE PARK ROAD RIVIERA BEACH, FL 33404 PHONE: 561-882-9050 FAX: 561-882-0218 CONTACT: RICK VESTAL GMC HEAVY DUTY TRUCKS C-70 DIESEL 25% 50% NO BID MISCELLANEOUS HEAVY DUTY EQUIPMENT MACK HEAVY DUTY TRUCKS NO BID 50% 25% NOBID 50% NOBID FORD HEAVY DUTY TRUCKS NOBID 50% NO BID STERLING HEAVY DUTY TRUCKS NO BID 50% NOBID VOLVO HEAVY DUTY TRUCKS 25% 50% NO BID GMC HEAVY DUTY TRUCKS C-70 DIESEL 25% 50% NOBID MISCELLANEOUS HEAVY DUTY EQUIPMENT MACK HEAVY DUTY TRUCKS NOBID 50% 25% NOBID 50% NO BID FORD HEAVY DUTY TRUCKS NO BID 50% NO BID Sheet 2 Lg Truck Parts'O? (FINAL).xls Page 1 ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT BID DUE DATE: APRIL 25,2007 BID DUE TIME: 5:00 P.M. BID #: 044-1412-07/JA VENDORS: "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any. are hereby rejected as late" GENERAL GMC TRUCK SALES & SERVo INC. 360 S. MILITARY TRAIL WEST PALM BEACH, FL 33415 PHONE: 561-686-8906 FAX: 561-697-8429 CONTACT: RON CHANDLER PALM BEACH SPRING CO. 324 SUNSHINE RD WEST PALM BEACH. FL 33411 PH:561-798-8900 FAX:561-798-3368 CONTACT:MARC J. GOLD RECHTIEN INTL TRUCKS, INC. 3787 INTERSTATE PARK ROAD RIVIERA BEACH, FL 33404 PHONE: 561-882-9050 FAX: 561-882-0218 CONTACT: RICK VESTAL STERLING HEAVY DUTY TRUCKS NOBID VOLVO HEAVY DUTY TRUCKS 25% GMC HEAVY DUTY TRUCKS 25% MISCELLANEOUS HEAVY DUTY EQUIPMENT NO BID MACK HEAVY DUTY TRUCKS NOBID FORD HEAVY DUTY TRUCKS NOBID STERLING HEAVY DUTY TRUCKS NOBID VOLVO HEAVY DUTY TRUCKS 25% GMC HEAVY DUTY TRUCKS 25% MISCELLANEOUS HEAVY DUTY EQUIPMENT NOBID MACK HEAVY DUTY TRUCKS NOBID FORD HEAVY DUTY TRUCKS NO BID 50% NOBID 50% NOBID NO BID NO BID NOBID 25% NO BID NO BID NOBID NOBID NO BID NOBID NO BID NO BID NOBID NO BID NO BID 25% NOBID NO BID NO BID NOBID Sheet 2 Lg Truck Parts'07 (FINAL).xls Page 2 ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT BID DUE DATE: APRIL 25,2007 BID DUE TIME: 5:00 P.M. BID #: 044-1412-07/JA "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS: GENERAL GMC TRUCK SALES & SERVo INC. PALM BEACH SPRING CO. RECHTIEN INTL TRUCKS, INC. 360 S. MILITARY TRAIL 324 SUNSHINE RD 3787 INTERSTATE PARK ROAD WEST PALM BEACH, FL 33415 WEST PALM BEACH, FL 33411 RIVIERA BEACH. FL 33404 PHONE: 561-686-8906 PH :561-798-8900 PHONE: 561-882-9050 FAX: 561-697-8429 F AX:561-798-3368 FAX: 561-882-0218 CONTACT: RON CHANDLER CONTACT:MARC J. GOLD CONTACT: RICK VESTAL STERLING HEAVY DUTY TRUCKS NOBID NOBID NOBID VOLVO HEAVY DUTY TRUCKS 25% NO BID NOBID - ANTI-KICKBACK AFFIDAVIT SUBMITTED YES/EXPIRATION DATE ON YES YES STAMP IS MAY 02,2007 - CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT A YES/NOT A YES/NOT A MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS CONFIRMATION OF A DRUG - FREE WORKPLACE SUBMITTED YES YES YES COMMENTS COMMERCIAL LOCATIONS INCLUDED Sheet 2 Lg Truck Parts'07 (FINAL).xls Page 3 ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT BID DUE DATE: APRIL 25,2007 BID DUE TIME: 5:00 P.M. BID #: 044-1412-07/JA VENDORS: "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any. are hereby rejected as late" TOTAL TRUCK PARTS, INC. 6545 WALLIS RD. WEST PALM BEACH, FL 33413 PH:561-684-3332 FAX:561-684-0611 CONTACT:MARC A. KARON VEHICLE MAINTENANCE PROGRAM. INC. 3595 N. DIXIE HIGHWAY, BAY #7 BOCA RATON, FL 33431 PHONE: 561-362-6080 FAX: 561-362-7994 CONTACT: BARRY FRIEDMAN GMC HEAVY DUTY TRUCKS 25% MISCELLANEOUS HEAVY DUTY EQUIPMENT 25% MACK HEAVY DUTY TRUCKS 25% FORD HEAVY DUTY TRUCKS 25% STERLING HEAVY DUTY TRUCKS 25% VOLVO HEAVY DUTY TRUCKS 25% GMC HEAVY DUTY TRUCKS 25% MISCELLANEOUS HEAVY DUTY EQUIPMENT 25% MACK HEAVY DUTY TRUCKS 25% FORD HEAVY DUTY TRUCKS 25% NO BID NO BID NO BID NO BID NOBID NO BID NOBID NOBID NOBID NOBID Sheet 3 Lg Truck Parts'07 (FINAL).xls Page 1 ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT BID DUE DATE: APRIL 25,2007 BID DUE TIME: 5:00 P.M. BID #: 044-1412-07/JA VENDORS: "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" TOTAL TRUCK PARTS. INC. 6545 WALLIS RD. WEST PALM BEACH, FL 33413 PH:561-684-3332 FAX:561-684-0611 CONTACT:MARC A. KARON VEHICLE MAINTENANCE PROGRAM, INC. 3595 N. DIXIE HIGHWAY, BAY #7 BOCA RATON, FL 33431 PHONE: 561-362-6080 FAX: 561-362-7994 CONTACT: BARRY FRIEDMAN STERLING HEAVY DUTY TRUCKS 25% NOBID VOLVO HEAVY DUTY TRUCKS 25% NOBID GMC HEAVY DUTY TRUCKS 25% NOBID MISCELLANEOUS HEAVY DUTY EQUIPMENT 25% NO BID MACK HEAVY DUTY TRUCKS 25% NO BID FORD HEAVY DUTY TRUCKS 25% NOBID STERLING HEAVY DUTY TRUCKS 25% NOBID VOLVO HEAVY DUTY TRUCKS 25% NOBID GMC HEAVY DUTY TRUCKS VARIOUS PRICES 25% SEE NOTATIONS MISCELLANEOUS HEAVY DUTY VARIOUS PRICES EQUIPMENT 25% SEE NOTATIONS MACK HEAVY DUTY TRUCKS VARIOUS PRICES 25% SEE NOTATIONS FORD HEAVY DUTY TRUCKS VARIOUS PRICES 25% SEE NOTATIONS Sheet 3 Lg Truck Parts'OT (FINAL).xls Page 2 ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT BID DUE DATE: APRIL 25,2007 BID DUE TIME: 5:00 P.M. BID #: 044-1412-07/JA "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any. are hereby rejected as late" VENDORS: TOTAL TRUCK PARTS. INC. VEHICLE MAINTENANCE PROGRAM, INC. 6545 WALLIS RD. 3595 N. DIXIE HIGHWAY, BAY #7 WEST PALM BEACH, FL 33413 BOCA RATON. FL 33431 PH:561-684-3332 PHONE: 561-362-6080 FAX:561-684-0611 FAX: 561-362-7994 CONTACT:MARC A. KARON CONTACT: BARRY FRIEDMAN STERLING HEAVY DUTY TRUCKS VARIOUS PRICES 25% SEE NOTATIONS VOLVO HEAVY DUTY TRUCKS VARIOUS PRICES 25% SEE NOTATIONS ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT A YES/WOMEN MINORITY OWNED BUSINESS CERTIFICATE ENCLOSED CONFIRMATION OF A DRUG - FREE WORKPLACE SUBMITTED YES YES COMMENTS ADDITIONAL MISCELLANEOUS CATALOGS ENCLOSED PRODUCT LINES INCLUDED Sheet 3 Lg Truck Parts'07 (FINAL).xls Page 3 ["'\:,,'2'1:' ./, ..", ,<; .' .. \ ~,\ .. L::: "'0\ ./u ;.... , " ,J'<~ \( ~O :'0 ~ VI.-CONSENT AGENDA ITEM 8.4 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 Meeting Dates in to City Clerk's Office D April 17,2007 April 2, 2007 (Noon.) ~ June 19, 2007 June 4, 2007 (Noon) D May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) D May 15, 2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon) D June 5, 2007 May 14.2007 (Noon) D August 7, 2007 July 16,2007 (Noon) NATURE OF AGENDA ITEM D D o D New Business D Announcements/Presentations D Administrative ~ Consent Agenda D Code Compliance & Legal Settlements D Public Hearing D RECOMMENDATION: A motion to approve a piggyback of General Services Administration (GSA) Contract No. GS-07F-9491 with Godwin Pumps of America, Inc., for the purchase of three (3) new bypass pumps to be located at lift stations serving portions of Leisureville, Hunters Run, and Cypress Creek, for the total amount of $94,164.90 City Manager's Report Legal Unfinished Business EXPLANATION: The City's bypass pumping equipment for emergency usage has been primarily Godwin Pumps. Their performance and reliability has been exceptional and Godwin Pumps offer options that most manufacturers do not offer. The pumps will be installed permanently at three (3) lift station locations that serve significant portions of Leisureville, Hunters Run and Cypress Creek. In the event of an emergency (e.g. tropical storms and/or hurricanes), the pumps will provide continued wastewater conveyance during power outages. PROGRAM IMPACT: The Utility Department has evaluated the emergency needs for its lift station network, and has determined that emergency bypass pumps are more appropriate than emergency generators for the three stations in question. When the lift stations experience a power outage, a signal will activate the pump's control panel and start the pumps. The automatic controls on the pump will track wastewater levels at the lift station, and the pump will turn on and off as needed, allowing for longer run times between re-fueling, and also creating only intermittent noise in these residential areas. The pumps include sound-inhibiting enclosures. FISCAL IMP ACT: Funds for these pumps are available in the Utilities CIP budget for FY 2006-07 DESCRIPTION Five new stationary generators AMOUNT $94,164.90 ACCOUNT NUMBER 403- 000-590-96-04 SWR 108 City Manager's Signature Procurement Services Department Name xc: Peter Mazzella (w/copy of attachment) File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~\ -r ":,?",, / III \ ,:;: , 0 " ,,' '" () )., ,', " .,~ ""0 0 ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17.2007 April 2. 2007 (Noon.) ~ June 19,2007 June 4, 2007 (Noon) 0 May 1, 2007 April 16,2007 (Noon) D July 3, 2007 June 1S, 2007 (Noon) 0 May 15, 2007 April 30. 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: A motion to approve a piggyback ofGei~ral Services Administration (GSA) Contr~! No. GS-07F-9491 with Godwin Pumps of America, Inc. for t;he Rurc~e of three (3) New Bypass Pumps to be loc~.oo at Lift Station no. 603 in Leisurevil1e:, Lift Stiltion no, 808 in Cypress 9reek; and Lift Station no. 806 in Hunters Run ~ theAota! amount of$94,164.90. i , ~. ! - EXPLANATION: The City's bypass pumping equiP~ntias been primarily Godwin Pumps. Their performance and reliability has been exceptional, and Godv.'in Pumps offerl;'~ions that most manufacturers do not offer. The pumps will be installed permanently at three lift station locations. In tIl event of an emergency (e.g.; tropical storms and/or hurricanes), the pumps will provide continued wastewater conveyance luring power outages. .it PROGRAM IMP ACT: The Utility Department is ~king a new direction for emergency situations at the Lift Stations. The cost of maintenance for keeping the generators in Jrvice with replacement parts is much more expensive than maintaining a I diesel engine and pump. When the lift stations e~erience a power outage, a signal will activate the pumps' control panel and start the pumps. After the pump has started, thfJ",utomatic controls on the pump will track wastewater levels at the Lift Station, and the pump will turn on and off as l}feded. FISCAL IMPACT: Funds for these pump/are available in the FY 2006/2007 budget. .:/ ACCOUNT NUMBER / 403-5000-590-96-04 SWRJ ml DESCRIPTION Sub master Lift Stations - Generators AMOUNT $94,164.90 City Manager's Signature I DepartrJent Name I 06-19-07 Comm Agenda - New Godwin Bypass Pumps MEMORANDUM Utilities #07-075 FROM: Bobby Jenkins Assistant Finance Director Kofi Boateng, P.E. ^ trr i Utilities Director UYY., ~ \"t ~ ~ -; \-11. \ Q-:} May 18, 2007 Piggy-back GSA Contract #GS-07F-9491 Godwin Pumps of America Inc. (3) New 4" and 8" Bypass Pumps Agenda Item TO: DATE: SUBJECT: The Utilities Department would like to purchase three (3) emergency bypass pumps from Godwin Pumps of America, Godwin Pumps of America Inc. is an authorized vendor under the GSA contract. The Utilities Department would like to piggyback the GSA contract with Godwin Pumps for the purchase of these bypass pumps. The City's bypass pumping equipment has been primarily Godwin Pumps. Their performance and service has been exceptional. Godwin Pumps offers options that most manufacturers cannot offer. For example, their maximum flows of 5000 to 6000 gpm, solids handling capacity of 3", total dynamic head (TDH) as high as 180 ft, "dry prime" patent priming system at a minimum of 28 feet of suction head at start-up and 24 hour parts and service. These options are needed by the Wastewater Pumping Division in the event of an emergency. These pumps will be installed permanently at three lift station locations. In the event of an emergency situation, for example storms and hurricanes, the pumps will provide continued wastewater conveyance during power outages. The three lift station locations are LS# 603 in Leisureville, LS# 808 in Cypress Creek and LS# 806 Hunters Run. This is a new direction the Utility Department is taking in emergencies for stand- by power at our lift stations. The cost of maintenance to keep our generators in service and costs of replacement parts are much more expensive than maintaining a diesel engine and pump. The set up design at the three stations are when the stations experiences a power outage, a signal from the lift station's control panel will active the pumps control panel and start the pump. After the pump has started the automatic controls on the pump will take over and it will automatically track wastewater levels at the station and the pump will turn on and off as needed. qA- /04-f10 The cost for the 3" bypass pumps is ~ Godwin Pump has offered to extend this price to the Utilities Department based on their contract with GSA. Attached is the proposal outlining specification, pricing and the GSA contract. Funds are available in account #403-5000-590-96-04 SWR 108. Please present this at the next Commission meeting for Commission approval. If additional information is needed, please contact me at ext. 6401 or Tony Lombardi at ext. 6421. TL/kb Attachments Xc: Pete Mazzella Tony Lombardi AtL- : \ ,', Barb Conboy . ,..( George Peck File gedwin pumps Great Pumps. Great People. 202 Winston Creek Parkway Lakeland, FL 33810 Telephone: 863-682-8800 Facsimile: 863-682-5200 May 1, 2007 Boynton Beach, City of 124 East Woolbright Road Boynton Beach, FL 33435 Attention: Mr. Anthony Lombardi Phone: (561)375-6421 Fax: (561)742-6298 RE: Various Location Lift Stations. Sale Quotation #KA3126 Dear Mr. Lombardi: Godwin Pumps of America, Ine is pleased to provide you with the following Sale Quotation. Per our recent conversation, you have requested purchase prices for our Godwin Dri-Prime@ Model CD 100M, CD 103M, and CD200M Critically Silenced Automatic Self-Priming Diesel Pumpsets for several of your Lift Stations. We have listed the pump sets with our standard fittings, but keep In mind they can be manufactured to accommodate whatever needs you may have, If we can provide additional information or assistance, please do not hesitate to contact us at 863-682-8800, mobile at 813-363-5962 or via e-mail attampa((il.godwinpumps.com. Sincerely, GODWIN PUMPS OF AMERICA, INC. Kevin Abernathy Sales Engineer Itla May 2, 2007 Boynton Beach, City of Attention: Mr. Anthony Lombardi Sale Quotation #KA3126.doc Page 2 of7 ** SALE QUOTATION ** ITEM QTY DESCRIPTION LIST PRICE SALE TOTAL A Lift Station #102 Saint Andrews Godwin Dri-Prime@ Model CDIOOM Critically Silenced Automatic Self- Priming (to 28 feet) Diesel Pumpset. . 4" Suction and 4"Discharge Connection. . Solids handling to I 7/8". . Dry Running Oil Bath Mechanical Seal. . Driven by Yanmar 3TNV88, 24.6 HP @ 2200 RPM, water cooled diesel engine. . Entire pump and engine assembly shall be completely enclosed with sound attenuated panels. . Skid mounted with integral 70-gallon fuel tank and lifting bracket. . Average fuel consumption 1.1 G PH @ 1800 RPf\l!. . Noise Level: 69 dBA @ 30 Feet B Lift Station # 609 Golfview Harbor #2 Godwin Dri-Prime@ Model CDIOOM Critically Silenced Automatic Self- Priming (to 28 feet) Diesel Pumpset. . 4" Suction and 4"Discharge Connection. . Solids handling to ] 7/8". . Dry Running Oil Bath Mechanical Seal. . Driven by Yanmar 3TNV88, 24.6 HP @ 2200 RPM, water cooled diesel engine. . Entire pump and engine assembly shall be completely enclosed with sound attenuated panels. . Skid mounted with integral 70-gallon fuel tank and lifting bracket. . Average fuel consumption].1 GPH @ 1800 RPM. . Noise Level: 69 dBA @ 30 Feet $34,815.00 $27.341.4 ] $34,815.00 $27.341.41 This pricing information is for your internal use only. We ask that these items and terms be kept confidential. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 90 days. All prices quoted in US Dollars See attached Terms and Definitions which are part of this quote, May 2, 2007 Boynton Beach, City of Attention: Mr. Anthony Lombardi Sale Quotation #KA3126.doc Page30f7 ** SALE QUOTATION ** ITEM QTY DESCRIPTION SALE TOTAL C Lift Station # 410 SE 2nd Street Godwin Dri-Prime@ Model CDIOOM Critically Silenced Automatic Self- Priming (to 28 feet) Diesel Pumpset. . 4" Suction and 4"Discharge Connection. . Solids handling to I 7/8". . Dry Running Oil Bath Mechanical Seal. . Driven by Yanmar 3TNV88, 24.6 HP @ 2200 RPM, water cooled diesel engine. . Entire pump and engine assembly shall be completely enclosed with sound attenuated panels. . Skid mounted with integral 70-gallon fuel tank and lifting bracket. . Average fuel consumption 1.1 GPH @ 1800 RPM. . Noise Level: 69 dBA @ 30 Feet D Lift Station # 602 Leisureville #3 Godwin Dri-Prime@ Model CD200M Critically Silenced Automatic Self- Priming (to 28 feet) Diesel Pumpset. . 8" Suction and 8" Discharge Connection. . Solids handling to 3". . Dry Running Oil Bath Mechanical Seal. . Driven by John Deere 40450, 68 HP @ 2200 RPM, water cooled diesel engine. . Skid mounted with integral 100-gallon fuel tank and lifting bracket. . Average fuel consumption 3.1 GPH @ 1800 RPM. . Noise Level: 69 dBA @ 30 Feet UNIT PRICE $34,815.00 $27,341.41 $43,520.00 $36,354.14 This pricing information is for your internal use only. We ask that these items and tenns be kept confidential. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 90 days. All prices quoted in US Dollars. See attached Tenns and Definitions which are part of this quote. May 2, 2007 Boynton Beach, City of Attention: Mr. Anthony Lombardi Sale Quotation #KA3126.doc Page 4 of7 ** SALE QUOTATION ** ITEM QTY DESCRIPTION UNIT PRICE SALE TOTAL E Lift Station # 808 Cvpress Creek Godwin Dri-Prime@ Model CDIOOM Critically Silenced Automatic Self- Priming (to 28 feet) Diesel Pumpset. . 4" Suction and 4" Discharge Connection. . Solids handling to I 7/8". . Dry Running Oil Bath Mechanical Seal. . Driven by Yanmar 3TNV88, 24.6 HP @ 2200 RPM, water cooled diesel engine. . Entire pump and engine assembly shall be completely enclosed with sound attenuated panels. . Skid mounted with integral 70-gallon fuel tank and lifting bracket. . Average fuel consumption 1.1 GPH @ 1800 RPM. . Noise Level: 69 dBA @ 30 Feet F Lift Station # 611 Lawson Ind. Park Godwin Dri-Prime@ Model CDIOOM Critically Silenced Automatic Self- Priming (to 28 feet) Diesel Pumpset. . 4" Suction and 4"Discharge Connection. . Solids handling to I 7/8". . Dry Running Oil Bath Mechanical Seal. . Driven by Yanmar 3TNV88, 24.6 HP @ 2200 RPM, water cooled diesel engine. . Entire pump and engine assembly shall be completely enclosed with sound attenuated panels. . Skid mounted with integral 70-gallon fuel tank and lifting bracket. . Average fuel consumption 1.1 GPH @ 1800 RPM. . Noise Level: 69 dBA @ 30 Feet $34,815,00 $27.341.41 $34,815.00 $27341.4] This pricing information is for your internal use only. We ask that these items and terms be kept confidential. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 90 days. All prices quoted in US Dollars. See attached Terms and Definitions which are part of this quote. May 2, 2007 Boynton Beach, City of Attention: Mr. Anthony Lombardi Sale Quotation #KA3126.doc Page5of7 ** SALE QUOTATION ** ITEM QTY DESCRIPTION SALE TOTAL G Lift Station # 806 HR/Charterworld Godwin Dri-Prime@ Model CDI03M Automatic Self-Priming (to 28 feet) Diesel Pumpset. . 4" Suction and 4"Discharge Connection. . Solids handling to 3". . Dry Running Oil Bath Mechanical Seal. . Driven by John Deere 4024T, 40 HP @ 2200 RPM, water cooled diesel engine. . Entire pump and engine assembly shall be completely enclosed with sound attenuated panels. . Skid mounted with integral 60-gallon fuel tank and lifting bracket. . Average fuel consumption 1.8 GPH @ 1800 RPM. . Noise Level: 69 dBA @ 30 Feet H Lift Station # 903 Rainbow Lakes Godwin Dri-Prime@ Model CDIOOM Critically Silenced Automatic Self- Priming (to 28 feet) Diesel Pumpset. . 4" Suction and 4"Discharge Connection. . Solids handling to I 7/8". . Dry Running Oil Bath Mechanical Seal. . Driven by Yanmar 3TNV88, 24.6 HP @ 2200 RPM, water cooled diesel engine. . Entire pump and engine assembly shall be completely enclosed with sound attenuated panels. . Skid mounted with integral 70-gallon fuel tank and lifting bracket. . Average fuel consumption 1.1 GPH @ 1800 RPM. . Noise Level: 69 dBA @ 30 Feet UNIT PRICE $36,455.00 $30,469.34 $34,815.00 $27,341.41 This pricing information is for your internal use only. We ask that these items and terms be kept confidential. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 90 days. All prices quoted in US Dollars. See attached Terms and Definitions which are part of this quote. May 2, 2007 Boynton Beach, City of Attention: Mr. Anthony Lombardi Sale Quotation #KA3126.doc Page 6 of7 ** SALE QUOTATION ** ITEM QTY DESCRIPTION I Lift Station # 708 Sunnv South Godwin Dri-Prime@ Model CDI03M Automatic Self-Priming (to 28 feet) Diesel Pumpset. . 4" Suction and 4"Discharge Connection. . Solids handling to 3". . Dry Running Oil Bath Mechanical Seal. . Driven by John Deere 4024T, 40 HP @ 2200 RPM, water cooled diesel engine. . Entire pump and engine assembly shall be completely enclosed with sound attenuated panels. . Skid mounted with integral 6O-gallon fuel tank and lifting bracket. . Average fuel consumption 1.8 GPH @ 1800 RPM. . Noise Level: 69 dBA @ 30 Feet J Lift Station # 914 Platina Godwin Dri-Prime@ Model CDIOOM Critically Silenced Automatic Self- Priming (to 28 feet) Diesel Pumpset. . 4" Suction and 4"Discharge Connection. . Solids handling to I 7/8". . Dry Running Oil Bath Mechanical Seal. . Driven by Yanmar 3TNV88, 24.6 HP @ 2200 RPM, water cooled diesel engine. . Entire pump and engine assembly shall be completely enclosed with sound attenuated panels. . Skid mounted with integral 70-gallon fuel tank and lifting bracket. . Average fuel consumption 1.1 GPH @ 1800 RPM. . Noise Level: 69 dBA @ 30 Feet UNIT PRICE SALE TOTAL $36,455,00 S30.469.34 $34,815.00 $27341.41 This pricing information is for your internal use only. We ask that these items and terms be kept confidential. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 90 days. All prices quoted in US Dollars. See attached Terms and Definitions which are part of this quote. May 2, 2007 Boynton Beach, City of Attention: Mr. Anthony Lombardi Sale Quotation #KA3126.doc Page 70f7 ** SALE QUOTATION ** ADDITIONAL ACCESSORIES LIST GSA ITEM QTY DESCRIPTION PRICE TOTAL A-A Prime Guard Controllers $900.00 $717.75 A-B Prime Guard 2 Float assembly $357.00 $271.30 This pricing information is for your internal use only. We ask that these items and terms be kept confidential. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 90 days. All prices quoted in US Dollars. See attached Terms and Definitions which are part of this quote. GSA Schedules E-Library Page 1 of 1 .Schedules e-Library QIII GSA eBuy GSA Advantage Federal Supply Schedule Usting Basic SChedule Ordering Guidelines Search: I ma I all the words ..:::J l_rr.lIl Con: I'ddor !11{ormalron (Vendors) How to change your company infonnatlD Contract :#: GS-07F-9491G Socio-Economic Other than small bUSiness Contractor: GODWIN PUMPS OF AMERICA INC Address: 1 FLOODGATE RD CJovt. Contracting OffIcer: BRIDGEPORT, NJ 08014-0191 Laura R. Wair Phone: 817-574-2308 Phone: (856)467-3636 E-f-'!a:1 laura .walr@gsa.gov E-Mail: Iharbeson@godwinpumps.com Web Address; htto:/ /wwW,qodwinoumps.com Contract Contract terms & Contract End Source Title Number Conditions Date Category VI2V\1 Items AVdliaole 84 TOTAL SOLUTIONS FOR LAW ENFORCEMENT, GS-07F-9491G ~ Mar 31, 2012 465 11 !II,t)/I'."n<a-". SECURITY, FACILITIES MANAGEMENT, FIRE, ..,_,. _, -,I RESCUE, CLOTHING, MARINE CRAFT AND EMERGENCY IDISASTER RESPONS http://www.gsaelibrary .gsa.gov/ElibMain/Contractorlnfo?contractNumber=GS-07F -9491 ... 5/18/2007 gedwin pumps. II ~g,~~msttlolder CONFIDENTIAL INTERNAL USE ONL Y Effective 5/1/07 - 3/31/12 r"",__~ HP Parl Number Voltage/Phase 10HP CM10l016P29 460 Volt. 3 Phase $869.75 20HP CM201627P29 460 Vall, 3 Phase $1.003.01 30HP CM303242P36 460 Volt, 3 Phase $1.065.25 40HP CM404063P36 460 Volt. 3 Phase $1.229.63 50HP CM7563100P42 460 Volt. 3 Phase $1.332.56 60HP CM7563100P42 460 Volt. 3 Phase $1.332.56 75HP CM7563100P42 460 Volt. 3 Phase $1.332.56 100HP CM I 001 00125P48 460 Volt, 3 Phase $2.424.94 125HP 711900- 1 25A 460 Volt. 3 Phase $3,364.12 150HP 71 1900-150A $3.598.71 3" CD80D Yanmar 3TNV70 GL5 Trailer $29.830,99 Skid Mounted - 105 Gallons $26.826.74 4" CD100M Yanmar 3TNV88 GL5 Trailer 30.317.73 Skid Mounted - 105 Gallons $27.341.41 4" CD 103M John Deere 4024T GL5 Trailer $33.473.58 Skid Mounted - 105 Gallons $30,469.34 6" CD150M John Deere 4045D GL5 Trailer $36.425.96 Skid Mounted - 105 Gallons $33.421. 72 6" CDI60M John Deere 6068T GL 10 Trailer $62.901.61 Skid Mounted - 150 Gallons $57.738.94 6" CD200M John Deere 4045D GL5 Trailer 39.358.39 Skid Mounted - 105 Gallons 36,354.15 8" CD225M John Deere 4045T GL7 Trailer $47,776.66 Skid Mounted - 150 Gallons $43,567.52 10" CD250M John Deere 6068T $55,851.81 $50,689.14 12" DPC300 John Deere 6068T $81,218.32 73.594.01 101.956.78 92.600.94 4" x 4" HL4M GL7 Trailer Skid Mounted - 150 Gallons $49,04937 $43,312.18 Standard Build - 28% Chromium Steel Wearplates 6" x 4" HL5MS GL 1 0 Trailer Skid Mounted - 150 Gallons 55,895.70 $50.733.03 Standard Build - 28% Chromium Steel Wearplates 6" x 6" HL5M GL 12 Trailer Skid Mounted - 200 Gallons $72.516.79 $67,146.65 Standard Build - 28% Chromium Steel Wearplates 8" x 6" HL6M $72.488.86 $67.122.71 Standard Build- 28% Chromium Steel Wearplates 10" x 8" HL225M $109,728.72 $100,360.90 Standard Build - 28% Chromium Steel Wearplates 1 2" x 10" HL250M GL21 Trailer Skid Mounted - 340 Gallons GL21 Trailer Skid Mounted - 340 Gallons 135,33860 $ 125,735.40 $ 1 31. 1 01.54 $121.506.31 8 II ~,9,m,r(lc1Hoider CONFIDENTIAL INTERNAL USE ONLY Effective 5/1/07 - 3/31/12 gedwin pumps. Gl5 Trailer Skid Mounted - 105 Gallons CD150MV-60cfm John Deere 4045D Gl5 Trailer 6 Skid Mounted - 105 Gallons CD 150MV-120cfm John Deere 4045D Gl5 Trailer Skid Mounted - 105 Gallons CD225MV-120cfm John Deere 4045T GllOTrailer 8" Skid Mounted - 100 Gallons CD225MV-200cfm Gl10 Trailer Skid Mounted - 100 Gallons HS 1 00 Pumpend $6.37953 4" HS 1 OOMR Power Yanmar 3TNV88 Gl5 Trailer $24,788.01 HS I OOMR Hose Set (2) 3/4" x 50' ( I) 1 IT x 50 $865.76 HS100 Com lete Unit $32,033.30 HS 1 00 Pumpend $6,379.53 4" HS 100MR Power Yanmar 3TNV88 Skid Mounted - 70 Gallons $22.633.57 HS 1 OOMR Hose Set (2) 3/4"x50'; (I) l/Tx50 $865.76 HS100 Com lete Unit $29,878.86 HS 150 Pumpend $7.748.00 6" HS 150MR Power John Deere 4045D Gl7 Trailer $32,460.20 HS 150MR Hose Set (2) ]"XSO: (I) l/Tx50 $1.272.71 HS150 Com lete Unit $41.480.91 HS 150 Pumpend $7.748.00 6' HS 1 50MR Power John Deere 4045D Skid Mounted - 105 Gallons 28.35081 HS 150MR Hose Set (2) !"XSO; (1) I/Tx50 $1.272.71 HS150 Com lete Unit $37,371.52 HS80 Pumpend 3" HS80 Power Pack Yon mar 3TNV76 GP30 Trailer $12,491.75 HS80 Hose Set (2) 3/4" x 50 $71416 HS80 Com lete Unit $17,407.06 HS80 Pumpend $4,201 15 3' HS80 Power Pack Yanmar 3TNV76 Skid Mounted - 30 Gallons $11.8494' HS80 Hose Set (2) 3/4" x 50' $714.16 HS80 Com Jete Unit $16,764.72 HS 1 00 Pumpend $6.37953 4' HS 1 OOMR Power Yanmar 3TNV88 GP30 Trailer $! 28947' HS 1 OOMR Hose (2) 3/4" x 50 11) 1 12' x 50 $86576 HS100 Com lete Unit $20.140.01 HS 1 00 Pumpend $6,37953 4" HS 1 OOMR Power Yanmar 3TNV88 Skid Mounted - 30 Gallons $12 17257 HS 100MR Hose (2) 3/4' x 50 (1) 1/2 x 50 $86576 HS100 Com lete Unit $19.417.87 HS 1 00 Pumpend $6.379.53 4' HS 100MR Power Caterpillar 3013C GP30 Trailer $13,56099 HS 1 OOMR Hose (2) 3/4' x 50 ( 1) I IT x 50' $86576 HS100 Com lete Unit $20,806.29 HS 1 00 Pumpend $6379.53 4" HS 1 OOMR Power Caterpillar 3013C Skid Mounted - 30 Gallons $1305430 HS I OOMR Hose (2) 3/4" x 50' (1) 1/2" x 50 $86576 HS100 Com lete Unit $20.299.59 HS] OOSG Pumpend $8,23075 4" HS100SG Power Yanmar 3TNV88 GP60 Trailer $14.319.03 HS 100SG Hose (2) 3/4' x 50': (I) 1/Tx50: (2) 1/4"x50 $1.05727 HS100SG Com lete Unit $23.607.05 gedwin pumps. II g,2Dtmc:.!ttolder CONFIDENTIAL INTERNAL USE ONLY Effective 5/7/07 - 3/31/12 ~ Size Godwin Pump Model Drive Mounting GSA Net (20.8%+ IFF. 750/01 HS 1 OOSG Pumpend $8,230.75 4" HS 1 OOSG Power Yanmar 3TNV88 Skid Mounted - 60 Gallons $13,345.55 HS 1 OOSG Hose (2) 3/4"x50'; II) 1/2" x 50'; (2) 1/4"x50 $1.057.27 HS100SG Complete Unit S22.633.57 HS 150 Pumpend $7.748.00 6" HS 150MR Power john Deere 40450 GP60 Trailer $18.49625 HS 150MR Hose $1.272.71 HS150 Complete Unit $27.516.96 HS 150Pumpend $7,748.00 6" HS 150MR Power john Deere 40450 60-gal Skid $17.522.76 HS 150MR Hose $1.272.71 HS150 Complete Unit S26,543.47 HS 150 Pumpend $7.748.00 6" HS 150MR Power Caterpillar 3054C-NA GP 100M V Trailer $21,165.36 HS 150MR Hose $1.272. 71 HS150 Comolete Unit S30,186.07 HS 150 Pumpend $7,748.00 6" HS 150MR Power Caterpillar 3054C-NA 60-gal Skid $19.270.25 HS 150MR Hose $1.272.71 HS150 Complete Unit 528,290.96 HS150V Pumpend $7,748.00 6" HS 150MR Power john Deere 40450 GP60 Trailer $18.496.25 ..... HS 150MR Hose $1.272.71 ...-".r".'""....""'N"........" HS150 Complete Unit S27,516.96 HS 150V Pumpend $7.748.00 6" HS 150MR Power john Deere 4045D 60-gal Skid $18.496.25 HS 150MR Hose $1.272. 71 HS150 Complete Unit S27 ,516. 96 HS 150V Pumpend $7,748.00 6" HS 150MR Power Caterpillar 3054NA GP100MV Trailer $21.013.75 HS 150MR Hose $1.272.71 HS 150 Complete Unit S30.034.46 HS 150V Pumpend $7.748.00 6" HS 150MR Power Caterpillar 3054C-NA Skid Mounted - MV100 Gallons $19.270.25 HS 150MR Hose (2) 1"x50': (1) 1/2" x 50' $1.272. 71 HS150 Complete Unit S28,290.96 HS 150VSG Pumpend $9,347.87 6" HS 150SG Power john Deere 40450 GPIOOMV Trailer $22,338.33 HS 150SG Hose (2) 1"x50'; (1) 1/2" x 50'; (2) 1/4"x50 $1.432.30 HS150VSG Complete Unit S33,118.50 HS 150VSG, Purnpend $9,347.87 6" HS 150SG Power john Deere 40450 Skid Mounted - MV100 Gallons $21,703.97 HS 150SG Hose (2) 1" x 50'; (1) 1/2" x 50': (2) 1/4" x 50 $1.43230 HS150VSG Complete Unit S32,484.14 HS200 Pumpend $15.144.90 8" HS200MR Power john Deere 6068T I 75-gal Skid $30,237.94 HS200MR Hose $2.194.34 HS200 Complete Unit S47,577.17 HS200 Pumpend $15.14490 8" HS200MR Power john Deere 6068T GP7052C Trailer $31.913.61 HS200MR Hose $2.194.34 HS200 Complete Unit $49,252.85 HS200 Pumpend $15.144.90 8" HS200MR Power john Deere 6068H GP7052C Trailer $34.798.16 HS200MR Hose (2) 1-1/4"x50'; (1) 112"x50' $2,194.34 HS200 Complete Unit S52.137.40 HS200 Pumpend $15.144.90 8" HS200MR Power john Deere 6068H Skid Mounted - 175 Gallons $33.122.49 HS200MR Hose (2) 1-1/4"x50': (1) 1/2"x50 $2.194.34 HS200 Complete Unit S50,461.73 HS200SG Pumpend $18.292.77 8" HS200SG Power john Deere 6068T GP7052C Trailer $32.388.38 HS200SG Hose (2) 11/4"x50: (1) 1/2"x50'; (2) 1/4"x50 $2.262.16 HS200SG Complete Unit S52,943.32 10 gedwin pumps. CONFIDENTIAL INTERNAL USE ONL Y Effective 5/1 /07 - 3/3 J /12 II ~S~mr~s.tt1older 1~-wmlil0ll~Jg GSA Net 20.8%+ IFF.75 0 $ ! 8.292.77 $30,7! 2.7' $2.262. I b $51.267.65 $18.29277 $35.27294 $2.262.1 b $55,827.87 $18.29277 $33.59726 $2.262.16 $54,152.20 $17.115.81 $30.23794 $2.194.34 $49,548.08 $1711581 $31.9136 $2.194.34 $51.223.76 $17.115.81 $34,798.16 $2.194.34 $54,108.31 $17.115.81 $33 12249 $2.194.34 $52.432.64 $27.83614 .$57798.7e $3.89395 $89,528.87 $2/ .836 14 $52.5523::: $3.89395 $84,282.41 Drive Mounting Godwin Pump Model HS200SG Pumpend HS200SG Power HS200SG Hose HS200SG Com lete Unit HS200SG Pumpend HS200SG Power HS200SG Hose HS200SG Com lete Unit HS200SG Pumpend HS200SG Power HS200SG Hose HS200SG Com lete Unit HS250 Pumpend HS250MR Power HS250MR Hose HS250 Com lete Unit HS250 Pumpend HS250MR Power HS250MR Hose HS250 Com lete Unit HS250 Pumpend HS250MR Power HS250MR Hose HS250 Com lete Unit HS250 Pumpend HS250MR Power HS250MR Hose HS250 Com lete Unit HS300 Pumpend HS300MR Power HS300MR Hose HS300 Com lete Unit HS300 Pumpend HS300MR Power HS3001v'\R Hose Size John Deere 6068H Skid Mounted - 175 Gallons (2) I 1/4"x50: (I) 1/Tx50; (2) 1/4'.x50 8.. John Deere 6068H GP7052C Trailer i2) I 1/4..x50' (I) I/Tx50.; (2) INxSO 8'. John Deere 6068H Skid Mounted - 175 Gallons (2) I 1/4.. x 50; (1) 1 IT x 50; (2) 114 x 50 8 John Deere 6068T l75-gal Skid 10" John Deere 6068T GP7052C Trailer 10' John Deere 6068H GP7052C Trailer (2) l-i/4..x50; (I) 1/Tx50 10" John Deere 6068H Skid Mounted - 175Gallons 12) 1-1/4.x50.:(I) I/Tx50 10" John Deere 6068H GL 1 0 Trailer (2) T x 50. (I) 112" x 50 iT John Deere 6068H Skid Mounted - 175 Gallons IT . i 2,; 2" ;.: 50; (1 /2" x 50 Biodegradable Oil Biodegradable Oil Biodegradable Oil Biode radable Oil HS80 HS 100 HS 150 I HS 150V HS200 I HS250 $79.79 $271.30 $52265 gedwin pumps. ~li1";m" IIi!fiJ III S;,2,~!r~s,!,I::Jolder CONFIDENTIAL INTERNAL USE ONLY Effective 5/1/07 - 3/31/12 YanmarL100V Site Trolley $11.16717 2"/3" CD75M Site Trolley $13.896.13 Kubota D722 GP10 Trailer $14.494.58 GP18 Trailer $14.702.04 GP30 Trailer $17.139.75 Yanmar 3TNV70 GP60 Trailer $17.55069 3" CD80D Skid Mounted - 30 Gallons $16.297.92 GP30 Trailer $18.907.19 Deutz F2L20 11 GP60 Trailer $19.461.76 Skid Mounted - 30 Gallons $18.268.84 GP30 Trailer $19.473.73 Yanmar 3TNV88 GP60 Trailer $19.960.47 Skid Mounted - 30 Gallons $18.735.63 Caterpillar 3013C GP30 Trailer $19.944.51 CD 100M Skid Mounted - 30 Gallons $19.214.40 4" Kubota V1505 GP30 Trailer $18.556.09 Skid Mounted - 30 Gallons $17.913.75 Deutz F2L lOll GP30 Trailer $20.048.24 Skid Mounted $19.465.75 GP30 Trailer $20.427.26 'CD 100M with PrimeGuard Yanmar 3TNV88 GP60 Trailer $20.918.00 Skid Mounted - 30 Gallons $19.697.15 John Deere 4024T GP60 Trailer $22.314.39 CD 103M Skid Mounted - 60 Gallons $21.340.91 Deutz F4L 1011 GP60 Trailer $23.004.61 4" Skid Mounted - 60 Gallons ,$22,035.11 CD103M Yanmar 3TNV88 GP60 Trailer $20,503.07 232mm Trimmed Impeller Skid Mounted - 60 Gallons $19,541.55 'CD 103M with PrimeGuard John Deere 4024T GP60 Trailer $23.072.44 Skid Mounted - 60 Gallons $22.098.95 GP60 Trailer $25.40641 John Deere 4045D Skid Mounted $24.436.91 GP 1 00 Trailer $25.482.21 Caterpillar 3054C-NA GP60 Trailer $25.76548 Skid Mounted - 60 Gallons $25.063.30 CD150M Caterpillar 3054C-T GP60 Trailer $26.958.40 Skid Mounted - 60 Gallons $25.988.91 Deutz F3L914 GP60 Trailer $25.151.07 6" Skid Mounted - 60 Gallons $24.185.56 Deutz F4L914 GP60 Trailer $25.941.03 Skid Mounted - 60 Gallons $25.506.15 CD 150M GP60 Trailer $23.439.49 John Deere 4024T 240mm Trimmed Impeller Skid Mounted - 60 Gallons $22.466.00 'CD 150M with PrimeGuard John Deere 4045D GP60 Trailer $26.292.12 Skid Mounted - 60 Gallons $25.621.85 GP7Q52C Trailer $47.062.50 John Deere 6068T Skid Mounted - 150 Gallons $46.75928 GL 10 Trailer $49.12119 GP7052C Trailer $49.947.05 6" CDI60M John Deere 6068H Skid Mounted - 150 Gallons $46.759.28 GL 10 Trailer $52.009.73 Caterpillar C6.6 GP7052C Trailer $51.71449 Skid Mounted - 150 Gallons $48.530.71 John Deere 4045H GP3052C Trailer $45.295.06 Skid Mounted - 100 Gallons $43.850.79 GP7052C Trailer $47.030.58 John Deere 6068T Skid Mounted - 150 Gallons $43.643.33 GL 10 Trailer $49.033.41 6' CD180M GP7052C Trailer $47.752.72 John Deere 6068H Skid Mounted - 150 Gallons $50.94049 GL 1 0 Trailer $52.999.17 Caterpillar C6.6 GP7052C Trailer $49.468.29 Skid Mounted - 150 Gallons $52.660.05 . >;,~.!l~r9ct Holder CONFIDENT/AL INTERNAL USE ONLY Effective 5/1/07 - 3/31/12 gedwin pumps. GP60 Trailer $26.846.69 John Deere 4045D GP3052 Trailer $29.519.79 8 CD200M Skid Mounted $26.168.44 GP60 Trailer $27,564.84 Deutz F4L9] 4 GP3052 Trailer $30,277.83 Skid Mounted - 100 Gallons $26,870.63 John Deere 4045T GP3052 Trailer $35.27693 Skid Mounted $33.7 44.88 8' CD225M John Deere 4045H GP3052 Trailer $37499 1 G Skid Mounted - 100 Gallons $36.026.99 Caterpillar C4.4 GP3052 Trailer Consult Factory Skid Mounted - 100 Gallons Consult Factor' Skid Mounted $39,869.07 John Deere 6068T GP7052C-250 $42.38258 GL 1 0 Trailer $45115.53 10 CD250M GP7052C $45.267 i ~ John Deere 6068H Skid Mounted - 100 Gallons $42753.63 GL I 0 Trailer $48004:;1 Caterpillar C6-6 GP7052C $45,267. ,; Skid Mounted - 100 Gallons $42,753.63 Caterpillar C9 Skid Mounted $72,038.02 12 CD300M GL 14 Trailer $77.79516 John Deere 6090H GL 14 Trailer $77,224.63 Skid Mounted - 250 Gallons 7148345 John Deere 6068T Skid Mounted $53,661.47 GL 10 Trailer $58.907.92 12" DPC300 John Deere 6068H GL 10 Trailer $6 '. 79646 Skid Mounted - 150 Gallons $56550.01 Caterpiiiar C6-6 GL 1 0 Trailer $63,651.67 Skid Mounted - 150 Gallons $58 405 22 18' CD400M Caterpillar C9 Skid Mounted (no tonk) 1:112,314,5: 2 gedwin pumps. II ~S:,m.~~sttlolder Standard Build - Cast Iran Wearplates HL80M 4"x3' HL80M with 295mm trimmed impeller Standard Build - Cast Iron Wearp/ates HL4M 4"x4" HL4M with 310mm trimmed impeller 28% Chromium Steel Hardened Wearplates HL4M 4"x4" HL4M with 310mm trimmed Impeller John Deere 4045D Deutz F4L914 Calerpillar 3054C-NA John Deere 4024T John Deere 4045T John Deere 4045H Caterpillar C4.4 (2200 RPM Operating John Deere 4045D John Deere 4045T John Deere 4045H Caterpillar C4.4 John Deere 4045D Standard Build - 28% Chromium Steel Hardened Wearplates John Deere 6068T 6" x 4" HL5MS Cast Iron Wearp/ates 6" x 4" HL5MS Standard Build - 28% Chromium Steel Wearp/ates 6" x 6" HL5M Cast Iron Wearp/ates 6" x 6" HL5M John Deere 6068H Caterpillar C6-6 John Deere 6068T John Deere 6068H Caterpillar C6-6 John Deere 6068H Caterpillar 3126B John Deere 6068H Caterpillar 3126B GP60 Trailer Skid Mounted - 60 Gallons GP60 Trailer Skid Mounted - 60 Gallons GP60 Trailer Skid Mounted - 60 Gallons GP60 Trailer Skid Mounted - 60 Gallons GP3052 Trailer "'w....."._" ,._ _.T^'," w., ',' Skid Mounted C;F'30~2Trail~r Skid Mounted - 100 Gallons GP3052 Trailer Skid Mounted - 100 Gallons GP3052 Trailer Skid Mounted - 100 Gallons GP3052 Trailer Skid Mounted GP3052 Trailer GL6 Trailer GP3052 Trailer Skid Mounted - 100 Gallons GP3052 Trailer Skid Mounted - 100 Gallons GP7052C Trailer Skid Mounted GL 1 0 Trailer GP7052C Trailer Skid Mounted - 150 Gallons GL 10 Trailer GP3052 Trailer Skid Mounted - 150 Gallons GP7052C Trailer Skid Mounted GP7052C Trailer Skid Mounted - 150 Gallons GP7052C Trailer Skid Mounted - 150 Gallons Skid Mounted GP7052C Trailer GP7052C Trailer Skid Mounted - 175 Gallons HL5M Skid Tank with GL 1 0 GP7052C Trailer Skid Mounted - 175 Gallons GP7052C Trailer Skid Mounted - 175 Gallons CONFIDENTIAL INTERNAL USE ONLY Effective 5/1/07 - 3/31/12 $26.998.30 $26.998.30 $27,64463 $26.990.32 $26.998.30 $26.276.16 $24,923.66 $23,934.21 $37.287.74 $35.755.69 Consult Factory Consult Factory $32.75943 $31.223.39 $36.322.23 $34459.04 $38.273.19 $36,741.15 Consult Factory Consult Factory $34.68246 $32.188.90 $44.975.89 $41. 788.12 $47.034.57 $47.864.43 $44.676.66 $49.923.12 . $46.27653 $42.406.52 $41.624.54 $37.738.57 $44.513.08 $40.635.09 $46.276.53 $42.406.52 $61. 94408 $58.756.31 $56.825.30 $53.58167 $58.772.27 $54,742.67 $51.55490 $51.929.94 $48,522.73 3 gedwin pumps. . ;':S),ntrac!Holdel' Size Godwin Pump Model Standard Build - 28% Chromium Steel Wearplates Drive Caterpillar 3126B 8" x 6" HL6M John Deere 606BH Cast Iron Wearplates Caterpillar 3126B B" x 6" HL6M John Deere 606BH Standard Build - 28% Chromium Steel Hardened Wearplates Caterpillar 3406 with compressor Caterpillar C 15 with compressor Standard Build - 28% Chromium Steel Hardened Wearplates lO' x B" HLBM 10'xB" Caterpillar C9 Caterpillar 3406C 12"xI0" Standmd 'T - 28% Chwmiom Stee' Hmdened wer~::: De"e 60681 4" x 3" "HLl 1 0 John Deere 6068H Standard Build - 28% Chromium Steel Hardened Wearplates I I 6" x 4 'HL 130M Caterpillar C9 B" x 6' 'HL 160M Mounting Skid Mounted - 150 Gallons GP7052C Trailer GL 10 Trailer Skid Mounted - 150 Gallons GP7052C Trailer Skid Mounted - 150 Gallons GP7.o52C Troller Skid Mounted - 150 Gallons GP7052C Trailer Skid Mounted - 250 Gallons GL 16 Trailer Skid Mounted - 250 Gallons GL 16 Trailer Skid Mounted - 250 Gallons GL21 Trailer Skid Mounted - 250 Gallons GL21 Trailer ISkid Mounted - 175 Gallons GP7052C GL 1 0 Trailer Skid Mounted - 175 Gallons GP7052C GL 1.0 Trailer !Skid I\/iounied - 200 Goifon~ GL 12 Trailer Skid Mounted - 250 Gallons GL 16 Trailer Skid Mounted - 250 Gallons GL 16 Trailer CONFIDENTIAL INTERNAL USE ONL Y Effective 5/1 /07 - 3/31/12 $56.334.56 $59.749.75 $60,9706.0 $58.56082 $61,94408 $53.65349 $5:'..06468 $55,83984 $59.027.6 I $103.86226 $112.78882 $9;'763.6 $106.68458 $;'7.97860 $B3.73582 $99,945.97 $10B.B7093 $104.17905 $62,757.98 $59.570.2 $64,BI667 $62.458.7 5 $65.64253 $67.7.05.21 ",..-,- ,-~ - .J,>U''-' '! $B9.229.64 $103,60054 112,525.50 $107,82962 $1 i 6.75458 ~ gedwin pumps. II ~,?"r,~~~9sttlolder CONFIDENTIAl. INTERNAl. USE ONl. Y Effective 5/1/07 - 3/31/12 7.5HP Skid Mounted $9,814.66 2"(3" CD75M GP30 Trailer $11.418.52 lOHP Skid Mounted $10.034.10 GP30 Trailer $11.641.94 7.5HP Skid Mounted $11,007.58 3" CD80D GP30 Trailer $12.615.43 10HP Skid Mounted $11.26292 GP30 Trailer $12.870.77 7.5HP Skid Mounted $11.091.37 3" CD80M GP30 Trailer $12.703.20 10HP Skid Mounted $11.326.76 GP30 Trailer $12.93860 15HP Skid Mounted $11.821.48 4" CD100M GP30 Trailer $13.429.33 20HP Skid Mounted $12,120.71 GP30 Trailer $13,724.57 25HP Skid Mounted $13,221.87 4" CD 103M 240mm Trimmed Imoeller GP30 Trailer $11.~29.71 'N.W""'--'--"""""~"'""""~ 30HP Skid Mounted $ ]3,A0 1.40 GP30 Trailer $15.005.26 40HP Skid Mounted $15.116.97 6" CD 150M GP60 Trailer $17.004.10 50HP Skid Mounted $15.232.67 GP60 Trailer $17,119.80 75HP Skid Mounted $30.756.60 6" CD 160M 330mm Trimmed Impeller GL7 Trailer $34.965.73 100HP Skid /v\ounted $31.43.485 GL7 Trailer $35.643.98 100HP Skid Mounted $32.424.29 6" CD180M GL7 Trailer $36.633.43 l25HP Skid Mounted $33.601.25 ....... .....................n...._'..... GL7 Trailer $37.810.39 Skid Mounted $17.040.01 8" CD200M 60HP GP60 Trailer $18,923.15 75HP Skid Mounted $20.898.05 8" CD225M GL7 Trailer $25,107.18 100HP Skid Mounted $21.576.30 GL7 Trailer $25.785.43 Skid Mounted $23.060.47 10" CD250M 100HP GL7 Trailer $27.269.60 150HP Skid Mounted $45.334.96 12" CD300M GL 10 Trailer $48.985.54 200HP Skid Mounted $44.142.04 GLIOTrailer $49.388.50 100HP Skid Mounted $33.964.32 ..,.,.....,.....,...,,,..,..,- 12" DPC300 GL 10 Trailer $39.210.77 125HP Skid Mounted $35.141.28 GL I 0 Trailer $40.387.73 5 gedwin pumps. II ~,2.I]~r;.'lc;tfiolder 4"x3' Hl80M Standard Build - Cast Iron Wearplates 4"x4' Hl4M 28% Chromium Steel Hardened Wearplates 4"x4" Hl4M 30HP 50HP 60HP 360mm Trimmed Impeller 75HP 60HP 360mm Trimmed 75HP 6"x4' HL5MS Standard Build -28% Chromium Steel Hardened Wearplates 75HP Cast Iron Wearplates 6"x4' HL5MS 6x6 Hl5M Cost Iron Weorplotes 6"x6 Hl5M Standara Build - 28/6 Chromium Steel Wearplates 8"x6" Hl6M Cast Iron Wearplates 8" x 6" Hl6M 10"x8' Hl225M 12"xI0' Hl250M Standard Build - 28% Chromium Steel Wearp/ates 4" x 3" 'Hl110M Standard Build - 28% Chromium Steel Wearplates 4' x 4" 'Hl130M Standard Build - 28% Chromium Steel Wearplates 8" x 6" 'Hl160M 100HP Skid Mounted ~/ 5mm Trlmmea Impelle' Gl7 Trailer 125HP Skid Mounted Gl7 Trailer 125HP Skid Mounted 365mm Trimmed Impeller Gl10Trailer 150HP Skid Mounted Gl7 Trailer 125HP Skid Mounted 365rnm Trimmed Impelier Gl7 Trailer 150HP Skid Mounted Gll0 Trailer Skid Mounted 300HP Gl 12 Trailer Skid Mounted 400HP Gl 12 Trailer 100HP Skid Mounted G l 10 Trailer 250HP Skid Mounted GL 12 Trailer 350HP Skid Mountea GL 12 Trailer IOOHP 75HP 100HP 100HP 375mm Trimmed 125HP CONFIDENTIAL INTERNAL USE ONL Y Effective 5/1 /07 - 3/31/12 Skid Mounted GP60 Trailer Skid Mounted GP60 Trailer $15,51993 $17,403.07 $16.190.20 $18.07733 Skid Mounted $2105365 Gl7 Trailer Skid Mounted Gl7 Trailer $25.262.78 $23,220.05 $27.42919 Skid Mounted Gl7 Trailer Skid Mounted Gl7 Trailer $2267347 $26.88260 $23.311.82 $27,520.95 Skid Mounted Gl7 Trailer Skid Mounted Gl7 Trailer $24 181.57 $28,3907 $24.85982 $29.068.95 Skid Mounted Gl7 Trailer Skid Mounted Gl7 Trailer $21,90744 $26. 116,58 $22.58 I $26.794.83 Skid Mounted GL7 Trailer Skid Mounted GL7 Trailer $2608865 $3C.30i $27.265.6 $31,47474 $23,69G.8~ $27.89"97 $24.99547 $29.20460 $34941 7c $40.188.25 $35903.3 $4 I , I 53.7 6 $3~:55 1.% $37.80241 $335094c $387679' $57547 47 $633C4S' $68 1560:: $73.913.12 $53.457 $587164 $60.420C::' $66.20508 $6b8035L $/'2.5bC67 ~~, ~~.-~J'% . ~S~mmc;t.tlolder CONFIDENTIAL INTERNAL USE ONLY Effective 5/1107 - 313 J /12 gedwin pumps. HP Pari Number Voltage / Phase 10HP CA 101016P29 460 Volt. 3 Phase $917.63 20HP CA201627P29 460 Volt. 3 Phase $973.49 30HP CA303242P36 460 Volt. 3 Phase $917.63 40HP CA404063P36 460 Volt. 3 Phase $1.157.01 50HP CA7563100P42 460 Volt. 3 Phase $1.516.09 60HP CA7563100P42 460 Volt. 3 Phase $1.516.09 75HP CA7563100P42 460 Volt, 3 Phose $1.516.09 100HP CA 100100125P48 460 Volt. 3 Phase $1.715.57 125HP 711900-125A 460 Volt. 3 Phase $3,060.90 150HP 711900-150A 460 Volt, 3 Phase $3.295.49 HP Pari Number Voltage/Phase 10HP CM 1 01 016P29 460 Volt. 3 Phase $422.91 20HP CM201627P29 460 Volt. 3 Phose $526.64 30HP CM303242P36 460 Volt. 3 Phase $598.46 40HP CM404063P36 460 Volt. 3 Phase $702.19 50HP CM7563100P42 460 Volt, 3 Phase $877.73 60HP CM7563100P42 460 Volt, 3 Phase $877 .73 75HP CM7563100P42 460 Volt. 3 Phase $877 .73 100HP CM100100125P48 460 Volt. 3 Phase $1.276.70 125HP 711900-125A 460 Volt, 3 Phase $3.060.90 150HP 711900-150A $3,295.49 HP Pari Number Voltage/Phase lOHP CA101016P29 460 Volt. 3 Phase $1.632.59 20HP CA201627P29 460 Volt. 3 Phase $1,858.40 30HP CA303242P36 460 Volt. 3 Phase $1. 962.13 40HP CA404063P36 460 Volt. 3 Phase $1.962.13 50HP CA7563100P42 460 Volt, 3 Phase $2.132.10 60HP CA7563100P42 460 Volt. 3 Phase $2,323.60 75HP CA7563100P42 460 Volt. 3 Phase $2,603.68 100HP CAI00100125P48 460 Volt. 3 Phase $3, I 0000 125HP 71 1900-125A 460 Volt. 3 Phase $3.364 ] 2 150HP 71 1900-150A 460 Volt, 3 Phase $3.598.71 7 gedwin pumps. . ~,8DWlcJ roider CONFIDENTIAL INTERNAL USE ONL Y Effective 5/1/07 - 3/31/12 GP30 Trailer GP60 Trailer GP 1 00 Trailer GP3052C Trailer GP7052C-250 DOT light Kit Pintle Hitch 3' Ball Hitch 2" Ball Hitch 2-5/16th 3" Pintle 2" Ball 2-5/ 16th Ball Hydraullcfltol<es 3' Pintle 2" Ball 2-5/ 16th Ball DOT light Kit Pintle Hitcil 3" Ball Hitch 2" Ball Hitch 2-5/16th 3" Pintle 2" Ball 2-5/ 16th Ball Hydl"oulli::Brokes 3" Pintle 2" Ball 2-5/16th Ball DOT Light Kit Pintle Hitch 3" Ball Hitch 2" Ball Hitch 2-5/16th 3" Pintle 2" Ball 2-5/ 16th Ball 3" Pintle 2" Ball 2-5/16 th Ball DOT Light Kit Plntle Hitch 3' Ball Hitch 2" Ball Hitch 2-5/16th BecttlcLBrokes 3" Pintle 2" Ball 2-5/ 16th Ball HYdroUIll:'<Bt!:lkes 3" Pintle 2" Ball 2-5/16th Ball DOT Light Kit Pintle Hitch 3" Ball Hitch 2' Ball Hitch 2-5/1 6th ElecttleBrc:lIcEH 3' Pintle 2" Ball 2-5/ 16th Ball Hydro!illeBrakes 3" Pintle 2' Ball 2-5/16th Ball $498.71 $598 46 $622.39 $817.89 $909 65 $95753 $21145 Includec $7580 $12368 $49871 $59846 $622.39 $837 84 $ 925 6 : $957.53 $21145 Included $7580 $123.68 $83784 $92960 $957.53 Included Included $75.80 $123.68 Standard $>9575 $127.67 $606 43 $702 1 ~ $734 10, Included Includec $7 5 80 $123.68 11 \I ALUE! $95 75 $12767 $9256 ! $! .021.3b $1.05328 ll$_~' II ~,2Dt~9c.tl;-lolder CONFIDENTIAL INTERNAL USE ONLY Effective 5/1/07 - 3/31/12 gedwin pumps. From GP30 to GP60 From GP60 to GP 1 00 Grom GP60 to GP3052 Skids From ~O Gallon to 60 Gal.lon Skid. From 60 Gallon to 100 Gallon Skid From 100 Gallon to 175 Gallon Skid with Locking Doors $857.79 $155.60 $103.73 $490.73 $909.65 $155.60 $103.73 $530.63 $1.192.92 $155.60 $103.73 $530.63 Engine Model 6068T Enclosure Oil Level Site Gauge Block Heater - 110 Volt Hos ital Muffler Enclosure Oil LeyelSite Gauge Block Heater-. 110 Volt Hos ital Muffler Enclosure Oil Level Site Gouge Block Heater - 110 Volt Has ita I Muffler with Locking Doors Engine Model 40450 Engine Model 4045T with Locking Doors A-91. Two 60' Floats. 25' Plug-in Cord. Stand Mounted A-91. Fire Control. 25' Cord. Stand Mounted. Pressure Sensor EMS-448. 50' Transducer for Level Control. Engine Mount Microprocessor Con Two Float Assembly for Godwin PrimeGuard Controller Leyel Transducer for Godwin PrimeGuard Controller Pressure Transducer for Godwin PrimeGuard Controller 30160/40450 Auto Throttle for Godwin PrimeGuard Controller $2.306.05 $2.162.42 $3.012.22 $284.86 $1.429.91 $498.71 $833.85 13 gedwin pumps. . ~S~Dtr<:l(;n-lolder CONFIDENTIAL INTERNAL USE ONL Y Effective 5/1 /07 - 3/31/12 ~:J};I\!l\l;; 26kW-R GHP26KW-R JD4024TF270 Trailer $19.46176 Skid Mounted $18,105.26 45kW-R GHP45KW-R JD5030TF270 Trailer $25,753.51 Skid Mounted $23.559.18 65kW-R GHP65KW-R JD4045TF275 Trailer $30.980.02 Skid Mounted $28,526.36 100kW-R GHPIOOKW-R JD6068TF275 Trailer $45,00382 Skid Mounted $39,889.02 125kW-R GHPI25KW-R JD6068HF275 Trailer $52.304.97 Skid Mounted $47,158.25 150kW-R GHP150KW-R JD6068HF275 Trailer $56.81333 Skid Mounted $51.686.56 185kW-R GHP185KW-R JD6068HF475 Trailer $65.730.31 Skid Mounted 60.603.54 250kW-R GHP250KW-R JD6081 HF070 Trailer $85.020.51 Skid Mounted $76,542.39 Trailer $ I 08.59963 Skid Mounted $99.702.60 20kW-S Isuzu 4LE Trailer 26kW-S GHP26KW-S JD4024TF270 Trailer $18. I 73 08 Skid Mounted $16.816.59 45kW-S GHP45KW-S JD5030TF270 Trailer $24,237.43 Skid Mounted $22,043.09 65kW -S GHP65KW-S JD4045TF275 Trailer $28,318.89 Skid Mounted $25.853.26 100kW-S GHP I OOKW-S JD6068TF275 Trailer $40,61515 Skid Mounted $35.468.43 125kW-S GHP125KW-S JD6068HF275 Troiler $41,33779 Skid Mounted $42 ] 91 .08 150kW-S GHP 150KW-S JD6068HF275 Trailer $52.045.64 Skid Mounted $46.910.89 i 85kw-S GHPI8.::>KW-S JD6068HF47:o Trailer $61.97999 Skid Mounted 56.833.28 250kW-S GHP250KW-S JD6081 HF070 Trailer $80.63184 Skid Mounted $72.413.06 350kW-S GHP350KW-S JD6125HF070 Trailer $ 1 05,00092 Skid Mounted $96.13182 6kW GLT416 Mitsubishi L3E Trailer $8.97683 6kW GLT416-ALC Mitsubrshi L3c Trailer' S C,OS4.GL 14 III ~S~,!)tr~~!.tiolder CONFIDENTIAL INTERNAL USE ONLY Effective 5/1/07 - 3/31/12 gedwin pumps. ~Jii; I" GWP-25HX 1.1 Honda GX25 $315.19 2" GWP-50HX 4.0 Honda GX 120 $538.61 3" GWP-80HX 5.5 Honda GX 160 $65830 4" GWP-100HX 8.0 Honda GX240 $1, 192.92 2" GTP-50HX 5.5 Honda GX160 $949.55 3" GTP-80HX 8.0 Honda GX240 $ 1.348.52 4" GTP-100HX 11.0 Honda GX340 $1,98687 15 gedwin CONFIDENTIAL pumps, II INTERNAL USE ONLY Effective 511107 - 313 J /12 ~ HP ~ '"'-.~ C"O",.~ COO"~", GSA Price Price Panel GSA Price $21943 $6303' GSP05-1 112 HP 115 Volt Single 30 $410.94 I $67825 I $1.089 19 I $21943 I $630,:~ i GSP05-2 1/2 HP 230 V 011 Single 30 $410.94 I $781.98 $1,192.92 2" $21943 I $881 I I GSPIO-I I HP 115 Voll Single 50' $662.29 I $718.15 $1.380.4., i $21943 $881 72 I GSPI0-2 1 HP 230 Vall Single 50' $662.29 $781.98 $1,444.27 I $21943 $ .839.2c i GSP20-1 2 HP 115 Vall Single 50 $ I. 619.82 $78! .98 $2.40 I $21943 I $1.8:392' GSP20-2 2 HP 230 Volt Single 50 $1.619.82 T $781.98 $2401.80 $21943 $1.83925 I GSP20Sl-1 2 HP 115 Volt Single 50' $1.619.82 i $78996 $2.40978 i I $21943 $1.8392'. GSP20Sl-2 2 HP 230 Voll Single 50 $1.619.82 $789.96 $2.40978 su.fj.iiNi~RittlG'iS"'._e~~T__'" . GST05-1 115 Voll 112 HP GST05-2 230 V 011 112 HP 2' GSTIO-I I HP 115 Volt I I GSTI0-2 I I HP 230 Volt - GSP05-I/GST05-1 112 HP 115 voll GSP05-2/GST05-2 112 HP 230 V 011 GSPIO-I/GSTIO-I I HP 115 Volt GSPI0-2/GSTlO-2 I HP 230 V 011 T 'GSP25HV-2 2.5 HP 230 Voll 'GSP45HV-2 4.5 HP 230 Voll 4' 'GSP60HV-2 6.0 HP 230 Volt 'GSP60HH-2 6.0 HP 230 Yo II Single 30' I $41094 Single 30' $410.94 Single SO' I $66229 Single .sD $66229 Single 30 Single 30 Single 50 Single 50 . Single 6~ I $2.641 18 Single $3.12394 Single 6J $3838 09 Single I $3.838.09 I '" GSP25, 45 & 60 requires a Godwin Custom Control Panel fOf Operation Panel must be purcnased $2 P43 $630.37 $6782) $1.089 i $63037 i $219.43 I $781.98 $1 192.92 i I $21943 I $88 i $} 18...5 $ ,380.44 $21943 $82 $781.98 $ i .4442: ;"., cC;.E $50r I $5 ifF i I $6304 $6703 . .-- I i ! '" . . $3.139.29 $498/ I $83784 $75804 $1 5'.01 $79794 $123681 $79794 i $ :236.81 II S91:~r~c~ l;iolcJor CONFIDENTIAL INTERNAL USE ONLY Effective 5/1/07 - 3/31/12 gedwin pumps. i1&:iiiiI~i ~ HP ~ Vo" ~ GSA Price Price Panel GSA Price $44685 $2.7 60.87 GSP35HV - 3 3.5 HP 230 Vall Three 65' $2.314.03 $997.43 $3.311 .45 $446.85 $2.76087 3" GSP35HV - 4 3.5 HP 460 Vall Three 65' $2.314.03 $997.43 $3.311.45 $44685 $2.7 60.87 GSP35HV - 6 3.5 HP 575 Vall Three 65' $2.314.03 $1.037.32 $3.351.35 $446.85 $3.558.81 GSP55HV - 3 5.5. HP 230 Volt Three 65' $3.111.97 $997.43 $4.109.39 $44685 $3.558.81 4" GSP55HV - 4 5.5 HP 460 Volt Three 65' $3.111.97 $997.43 $4.109.39 $44685 $3.558.81 GSP55HV - 6 5.5 HP 575 Volt Three 65' $3.111.97 $ 1.03732 $4.149.29 $446.85 $3.558.81 GSP55HH - 3 5.5 HP 230 Voll Three 65' $3.111.97 $997.43 $4.109.39 $446.85 $3.55881 4" GSP55HH - 4 55 HP 460 Volt Three 65' $3.111.97 $997.43 $4.109.39 $446.85 $3.55881 GSP 55HH - 6 5.5 HP 575 Volt Three 65' $3.111.97 $ 1.037 .32 $4.149.29 $55457 $4.384.68 GS P80HV - 3 8.0 HP 230 Vall Three 65' $3.830.11 $997.43 $4.827.54 $44685 $4.276.96 4" GS P80HV - 4 8.0 HP 460 Vall Three 65' $3.830.11 ... $997.43 $4.827.54 $446.85 $4.276.96 GS P80HV - 6 8.0 HP 575 Volt Three 65' $3.830.11 $ 1.03732 $4.867.43 ~ ifii $554.57 $4.384.68 GSP80HH - 3 8.0 HP 230 Volt Three 65' $3.830.11 $997.43 $4.827.54 $44685 $4.276.96 4" GSP80HH - 4 8.0 HP 460 Volt Three 65' $3.830.11 $997.43 $4.827.54 $446.85 $4.276.96 GSP80HH - 6 8.0 HP 575 Volt Three 65' $3.830.11 $ 1.03732 $4.867.43 $630.37 $5.992.53 GSPI30HV - 3 no HP 230 Volt Three 65' $5.362.16 $997.43 $6.359.58 $554.57 $5.916.73 4" GSPI30HV - 4 13.0 HP 460 Volt Three 65' $5.362.16 $997.43 $6.359.58 $554.57 $5.916.73 GSPI30HV - 6 13.0 HP 575 Volt Three 65' $5.362.16 $1.037.32 $6.399.48 17 gedwin pumps. 1.1 Holder CONFIDENTIAL INTERNAL USE ONLY Effective 5/1/07 - 3/31/12 GSPI30HH - 3 13.0 HP 230 Yolt Three b5' $5.86486 $99743 $6.86223 $55437 $6419<: 4' GSPI30HH - 4 130 HP 460 Volt Three 6::' $5.864.86 $9974:; $55~ .S7 GSPI30HH - 6 13.0 HP 575 Volt Three 65' $5.86486 $1.037.32 $6.902 $73809 $9 , .10 GSPI60HV - 3 16.0 HP 230 Vall rhree 6<:' $8.37837 ., $1.2368 ' $96 $554 57 $8932'" GSPI60HV - 4 16.0 HP 460 Volt Three 65' $8,378.37 $99743 $9.37S.BC $55457 $8.9329~ GSPI60HV - 6 16.0 HP 575 Volt Three 6" $8.378.37 $ I .03732 6' $73809 SQ,I GSPI60HH -3 160 HP 230 Vall Three $837837 $1.23681 $96 $554S GSPI60HH-4 16.0 HP 460 Volt 1hree 65 $8.378.37 $997.43 ~554_S,:' GSPI60HH - 6 16.0 HP 575 Volt Three 65' $8.378.37 $ I .037 .32 $957 53 GSP300HY - 3 30.0 HP 230 Vall fhree $11.163 18 $1,6/567 $63C 3' GSP300HV - 4 30.0 HP 460 Vall fhree- $11.'63 18 $99743 $6303 GSP300HV - 6 30.0 HP 575 Yolt Three 65 $1 :.16318 6' $1.037.32 $ " $957.53 GSP300HH - 3 30.0 HP 230 Vall Three 65' $ 11.163 18 $1.6/56/ $63037 GSP300HH - 4 30.0 HP 460 Volt Three 65' $11.16318 $99743 $12,16C6: $63037 $ 1 J9? ,L' GSP300HH - 6 30.0 HP 575 Volt Three 65' $11 16318 $1.03732 $957.53 GSP600HV - 4 60.0 HP 460 Volt Thl'ee 65' $16.756.74 $1.67561 8" $95753 GSP600HV - 6 60.0 HP ~75 Volt Three 65' $16.756.74 $ L675,6~' $957.5:-: GSP600HH - 4 60.0 HP 460 Volt Three 65' $16156.74 $1.6756/ $184;)24 6' $9',75;) $ , GSP600HH - 6 60.0 HP 575 Volt Three 6\ $16./)674 $1.67)6/ $18.43;' 4 gedwin pumps. III ~.9.'.l~r~ct.Holder CONFIDENTIAL INTERNAL USE ONLY Effective 5/1 /07 - 3/31/12 -~ ". '0'" "' v~ Co~ ~"';;m.':m. !C:.'O~'G'^I '~m'H""'. I GSA Price Price Panel GSA Price S~.\j'I"!!iS'.'''I.lfJir~~j_i:1t.... $957.53 $18.512.21 GSP600SV - 4 60.0 HP 460 Volt Three 65' $17.55468 $1.675.67 $19.230.35 8" $957.53 $18.512.21 GSP600SV - 6 60.0 HP 575 Volt Three 65' $17.554.68 $ J,675.67 $19.230.35 $1.356.50 $29.276.42 GSP900HV - 4 90.0 HP 460 Volt Three 65' $27.919.92 $1.835.26 $29.755.18 8" $1.356.50 $29.276.42 GSP900HV - 6 90.0 HP 575 Volt Three 65' $27.919.92 $1.675.67 $29.595.59 $1.356.50 $29.276.42 GSP900HH - 4 90.0 HP 460 Volt Three 65' $27.919.92 $1.83526 $29.755.18 6" $ 1.356.50 $29.276.42 GSP900HH - 6 90.0 HP 575 Volt Three 65' $27.919.92 $ J,675.67 $29.595.59 $1.356.50 $29.276.42 GSP900SV - 4 90.0 HP 460 Volt Three 65' $27.91992 $1.835.26 $29.755.18 10" $ 1.356.50 $29.276.42 GSP900SV - 6 90.0 HP 575 Volt Three 65' $27.919.92 $1.675.67 $29.595.59 ".:..,.... ~ 7. $58250 $3.854.05 'GSP40SL-2HV 4.0 HP 230 Yolt Single tOO' $3.271.55 $957.53 $4.229.08 3" $582.50 $4.093.43 'GSP40SL-2HH 4.0 HP 230 Volt Single 100' $3.510.94 $957.53 $4.468.46 ~ - $478.7 6 $2.098.58 GSP20SL-3 2 HP 230 Volt Three 65' $1.619.82 $877.73 $2.497.55 $478.76 $2.098.58 3" GSP20SL-4 2 HP 460 Volt Three 65' $1.619.82 $877 .73 $2.497.55 $57053 $2.190.35 GSP20SL-6 2 HP 575 Volt Three 65' $1.619.82 $917.63 $2.537.45 $570.53 $3.842.08 GSP60SL-3HV 6.0 HP 230 Yolt Three 100' $3.271.55 $997.43 $4.268.98 $570.53 $3.842.08 3" GSP60SL-4HV 6.0 HP 460 Volt Three 100' $3.271.55 $997.43 $4.268.98 $57053 $3.842.08 GSP60SL-6HV 6.0 HP 575 Volt Three 100' $3.271.55 $1.037.32 $4.308.88 19 II CONFIDENTIAL INTERNAL USE ONLY Effective 511 /07 - 3131112 gedwin pu mps, HP Volt !'" '!...,?..,. ." ';. '" ~" ,I -,' ,^-.".,,\ i.. .. ", ,,- \ \10 \ .' . I ;r ,.0;'>., . /~~U h- ~o,'~ 'ON v VI.-CONSENT AGENDA ITEM B.5. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM o-l =i-< -<c' CJ -rj ;-OJ .-'C10 .s;:- ~-< :;~z :P" . ;~ -'. ::n: - C a- D Public Hearing 0 CB ~; -fTl W ('") J;> RECOMMENDATION: Request for Emergency Replacement of Public Works Vehicle 1089 (Refuse Truckf."" Th'l'g estimated cost for this expenditure would be $197,014.00. Code Compliance & Legal Settlements o D D D City Manager's Report New Business o -J :J: :;p;o -< Announcements/Presentations NATURE OF AGENDA ITEM D o ~ o Administrative Consent Agenda Legal Unfinished Business EXPLANATION: On April 23, 2007, a fire destroyed the forward cab, electrical system and hydraulic control systems for Vehicle no. 1089. This vehicle is necessary in the daily operations of the Solid Waste Division for the commercial refuse service. Public Works is requesting approval to appropriate emergency funding for the purchase of a replacement vehicle. A truck chassis has been located for immediate sale under the Florida Sheriffs Association Contract Purchase No. 06-14-0821A; specification no. 50 from General GMC Truck Sales. Estimated delivery would be the second week of July 2007. PROGRAM IMP ACT: The authorization of the emergency purchase will allow the City to continue commercial refuse service on a timely basis. FISCAL IMPACT: ACCOUNT NUMBER 501-2516-519-64-33 (Fleet Maintenance; Vehicle Purchases) EXPENDITURE $197,014.00 The damaged vehicle was insured for its replacement value and carried a $1,000.00 deductible. Therefore, the City's insurance carrier will provide an insurance reimbursement of $196,014.00 on this claim, resulting in a net cost to the City of $1,000.00. ALTERNATIVES: If the refuse truck is not replaced, reduced customer service, less frequent trash removal, and overtime for solid waste personnel may be anticipated. ~~ ~et. . - ,j,ta i' jie~o Finance City Manager's Signature A"j"'ntto~ { City Attorney / Finance Procurement Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC PUBLIC WORKS DEPARTMENT MEMORANDUM #07-057 TO: Bobby Jenkins, Assistant Finance Director FROM: Christine Roberts, Assistant Public Works Director ~ SUBJ: Emergency Replacement - Vehicle #] 089 DATE: May 9, 2007 Attached is a memo to me from Steven Weiser, Fleet Administrator requesting a replacement purchase of vehicle #]089. On April 23rd, 2007 the vehicle was involved in a cab fire and the unit suffered complete destruction. I am requesting the approval to purchase the replacement vehicle, as it is needed for the day-to-day operations of the Solid Waste Division. The vehicle is used for our commercial refuse service. Please place this item on a Commission Agenda for approval. A requisition has been prepared in HTE but I am unable to approve it due to insufficient funds. I have attached a copy of the requisition and all of the backup material for the purchase. If you have any questions please let me know. Cc: Jeffrey Livergood, Public Works Director/PE Steve Weiser, Fleet Administrator Larry Quinn, Solid Waste Manager DEPARTMENT OF PUBLIC WORKS FLEET SERVICES DIVISION MEMORANDUM NO. 07-056 TO: Christine Roberts, Assistant Director, Public Works FROM: Steven Weiser, Fleet Administrator t~:/~{.-=) DATE: Monday, April 30,2007 RE: Emergency replacement unit # 1089 On 04/23/07 unit # 1089 was involved in a cab fire. The unit suffered complete destruction on the forward cab, electrical system and all of the hydraulic control systems on the vehicle. We anticipate this unit will be deemed non-repairable and totaled by our insurance provider. This office has investigated the availability of a state contract purchase and possible lead time on a direct replacement. General GMC truck sales has researched and found the city a chassis for immediate sale. The chassis will be sold to the city as a Florida Sheriffs Association contract purchase. General GMC has provided us a quote as follows Cab & Chassis 1) Autocar WX64 Add on order codes: FLWX004B 64000 Ib GWJ package DBLFRM Double frame full steel FEPTO Front engine PTO $115139.00 $1550.00 $648.00 $515.00 Chassis Total $117852.00 Body 1) Heil half pack front loader Administrative fee Total vehicle cost $78181.84 $980.16 $197013.84 This purchase conforms to Bid Award Number (06-14-0821A) specification # 50 Estimated delivery would be mid-July. At this time we would formally request approval to appropriate emergency funding to issue a purchase order to General GMC for the replacement of unit 1089 as soon as possible. Please see attached documents for add on, contract #'s, and administrative fee. Copy: PW Files S:\PW\Coorespondence DATE, 5/08/0 DELIVER BY DATE, 5/09/07 VENDOR PART NUMBER AMOUNT 115139.00 1550.00 648.00 515.00 78181.84 980. 9'7014 ( 0000042918 INSUFFICIENT FUNDS EMERGENCY REPLACEMENT OF NBR ON PURCHASE RFQUIS!T STATUS REASON FLEET/CAM REQUISITION BY #1089 TRUCK SAI,ES UNI GENERAL GMC 1266 VENDOR SUGGFSTEI PUBLIC WORKS LOCATION TO SHIP EXTEND COST UNI COS UOM QUANTI TY DESCRIPTION CAB & CHASSIS, AUTOCAR WX64 COMMODITY, AUTO MAJOR TRANSPORTATION SUBCOMMOD, TRUCKS W/SPECIALIZED BODY LINE NBR 00 115139 15139.0000 EA 00 CAB & CHASSIS FLWX004B 64000 LB GVW PACKAGE COMMODITY, AUTO MAJOR TRANSPORTATION SUBCOMMOD, TRUCKS W/SPECIALIZED BODY 00 1550 000 1550 FA 00 00 CAB & CHASSIS DBLFRM DOUBLE FRAME FULL STEEL COMMODITY, AUTO MAJOR TRANSPORTATION SUBCOMMOD, TRUCKS W/SPECIALIZED BODY 00 648 OOOC' 648 EA PTO CAB & CHASSIS FEPTO FRONT ENGINE COMMODITY, AUTO MAJOR TRANSPORTATION SUBCOMMOD, TRUCKS W/SPECIALIZED BODY 00 84 515 78181 DC 840C SlS 818 EA EA 00 00 BODY - HElL HALF PACK FRONT LOADER COMMODITY, AUTO MAJOR TRANSPORTATION SUBCOMMOD, TRUCKS W/SPECIALIZED BODY 16 00 00 00 00 00 00 980 100 100 100 10 100 197014 600 N Al 980 ro ON A EA REQUI S IT F I~ R o PROJECT 00 N li A MACHINERY AND EQUIPMENT VEHICLE PURCHASES MACHINERY AND EQUIPMENT VEHICLE PURCHASES MACHINERY AND EQUIPMENT VEHICLE PURCHASES MACHINERY AND EQUIPMENT VEHICLE PURCHASES MACHINERY AND EQUIPMENT VEHICLE PURCHASES MACHINERY AND EQUIPMENT VEHICLE PURCHASES BODY ADMINISTRATIVE FEE COMMODITY, AUTO MAJOR TRANSPORTATION SUBCOMMOD, TRUCKS W/SPECIALIZED BODY ACCOUNT 501251651964 50125165196433 50125165196433 50125165196433 50125165196433 50125165196433 LINE l EAR 'A F 'URRENT iE N EQUlSITI V!MENT S 'N Ij EQ p DATE, 5/08/07 DELIVER BY DATE, 5/09/07 PURCHASE REQUISITION NBR, 0000042 STATUS, INSUFFICIENT FUNDS REQUISITION BY, FLEET/CAM REASON, EMERGENCY REPLACEMENT OF UNIT #1089 SHIP TO LOCATION, PUBLIC WORKS SUGGESTED VENDOR 1266 GENERAL GMC TRUCK SALES -----~_.._---- --------------- REQUISITION COMMENTS, EMERGENCY REPLACEMENT OF UNIT #1089. THIS PURCHASE CONFORMS TO BID AWARD NUMBER (06-14-0821A) SPECIF ICATION #50. ESTIMATED DELIVERY WOULD BE MID-JULY. THE REPLACEMENT OF THIS UNIT IS DUE TO A FIRE IN T HE CAB ON 4/23/07 WHICH SUFFERED COMPLETE DETRUCTI N ON THE FORWARD CAB, ELECTRICAL SYSTEM AND ALL OF THE HYDRAULIC CONTROL SYSTEMS ON THE VEHICLE . ';'11:, ~.?~o~... ':~~:~.~rw ,~.'{".._.. '''''7f ,~~:w~{, .,' '-';1, ---,,--- ..1lJ Ahl)ut Horid,j FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 60,000 LB. GVWR CAB & CHASSIS - 4X6 TANDEM AXLE REFUSE TRUCK SPECIFICATION #50 2007/2008 Autocar WX64 The Autocar WX64 purchased through this contract comes with all the standard equipment as specified by the manufacturer f()r this model and FSA's base vehicle speci1ication(s) requirements which are included and made a part of this contract's vehicle hase price as awarded by specification by zone. ZONE: BASE PRICE: W cstern Northern $] 16.373.00 Ccntral Southern -- No bid -- $1 ]5.998.00 Sll5.139.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted W identify and include those equipment items most often requested by participating agencies for full size vehicles. we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate llexibility into our program. \ve have creatcd specific add/delete options which allow thc purchascr to tailor the vehicle to their particular wants or nccds. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment itcms you wish dclctcd from the base unit cost and/or add the cost of any cquipment items you wish addcd to the base unit cost to determine the approximate cost of the type vchiclc(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed hcre may he available through the dealers. however. thosc listed here must be honored by the dealcrs in your zone at the statcd prices. Bid Award Announcement (06-14-0821A) 206 VEHICLE: WX64 WX64 WX64 WX64 DEALER: Kenworth of Central Kenworth of Central General GMC Truck Florida Florida Sales & Service, Inc. ZONE: Western Northenl Central Southern BASE PRICE: - No bid-- $) 16,373.00 $115,998.00 $115,139.00 J1C Northern Order Code Delete Options Western & Central Southern Engine/transmission (specify) NA NA ) Engine/transmission (specify) ($4,669.00)2 ($4.000.00)3 lSL345 - 01000213 Cummins ISL-34Shp 2 Cummms ISL 345 3 ISL365 2 Engine/transmission (specify) ($3,783.00)2 NA CumntillS ISL-365hp 1 Engine/lransm ission (specify) NA NA Northcm Order Code Add Options Western & Central Southern ISM350 2 Engine (specify) $JJ5,OOl NA Cummins ISM.350V 1 ISM3852 Engine (specify) $1,188.002 NA ClllnmlllS ISM-385V 2 Engine (specify) NA NA Transmission (specif}') $10,539.002 NA Telm.. dril'elme re/ardu : Transmission (specify) NA NA Transmission (specify) NA NA 64k 2 64,000 lb. GVW package $4,102.002 $1,550.003 * FLWX004B 3 Illd46J1. r/axle;Herld HMX460; 18JOdril~Jine:Fr wheels &llYe.. 2 dblfrm 2 Double Frame: full steel insert $648.002 J648.Q02 .. 40:i012 J Fullframe .fleel Insert 2 MFSl62 Front Axle (specify) ($96.00)2 NA Me,.itor MFSI6 - 16,000 JI> ratillg w/sprillgs 2 , $1.145.002 44k ~ Rear Axle (specify) NA Merilor RT44./45 . 4.J.f)/)() Ib ratmg 2 46kair 2 Rear Suspension (specify) $2,145.002 NA Hendrickson PAX460 - 46;000 II> ail' ride suspension 2 Rear Suspension (specify) NA NA 20kpshr 2 Rigid Lift Axle: Pusher / Tag 20,OOOlb rating air lift to include 11 R-22.5 $6,798.002 $8.661.003 3350102 3 tires with steel wheels Hendrickson HLM-2 20,O(){)lh lift axle 2 20kstrbl :> Steerable Lift Axle: Pusher / Tag 20,000 Ib rating air lift to include $7,671.002 $10,360.003 3350206 3 11 R-22.5 tires with sh:e1 wheels He"drlclcson HLP 20. /)()(//I> steeral>le lift axle 2 FEPTO 2 Front Engine PTO Provision (FEPTO) $515.002 $515.003 ff' 122002 3 F"''''l EIJgine Pro OOaplDf 2 --- Bid Award A"nouncement (06-U-0811A) 207 p:.d P:f>Rf>-~R~fl~C;) sales ~on~i ~W~ le~aua~ eSO:Ol l.O l.2 ~dl:J t ,J,- , , 'J';\~ '~(1L\' ~~^ ~'o.,..,~~r lra;::flf,~~: ""."~. ~~"+"."........, ""'-'-~~- "\. ,\ F~;' FLORIDA COUNTIES --- /\il About Floridu FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 60.000 LB. GVWR CAB & CHASSIS - 4X6 TANDEM AXLE REFUSE TRUCK SPECIFICA TION #50 2007/2008 American LaFrance Condor 2007/2008 Autocar WX64 2007/2008 Crane Carrier LET2 2007/2008 Mack MR Series 2007/2008 Peterbilt 320 ALL ITEMS FACTORY INSTALLED UNLESS OTHERWISE INDICATED INSTRUCTIONS: Listed above, you will find the model numbers of the vehicles that will be included in this year's contract. I. ENGINE: a. 300 HP 6 cylinder diesel engine. 11 L minimum .., TRANSMISISON: a. Allison 4500 RDS automatic transmission 3. ENGINE EOUIPMENT: a. Alternator - 12 volt 100A b. Premium engine hoses c. Injection pump - electronic engine control d. Radiator - aluminum core. or approved equivalent c. Air restriction monitor - intakc mounted 4.~ a. Cab - welded steel galvanized or aluminum shell with rust prcventative coating. b. Lo\v cab. forward mounted, tilt type. c. Floor covering - black rubber mats d. Seating - driver air suspension mid back. passenger tixed mid back. e. Steering wheel - 18" two spoke f. Standard air conditioning 5. FRAME: a. Frame - steel construction matched to GVW and mounted body of truck. b. Wheelbase - 209" c. Front bumper - painted steel d. Fuel tank - 70 gallon. minimum e. Air dryer - bendix AD9 heated, or approved equivalent. 6. SAFETY: a. Horn - single air trumpet b. Mirrors - West Coast to include 7.5" convex mounted to lower mirror bracket. c. \\.'indshield wipers - 2 speed with intermittent feature Bid Award Announcement (06-14-0821A) 201 d. Brakes _ Meritor "S" cam type IS" x 4" Q + front and Meritor 16.5" x 7" Q + rear with anti lock without automatic traction control, or approved equivalent. e. Slack adjusters - Haldex automatic front and rear. f. Daytime running lights. g. Backup alarm _ pollak 41-722 constant audible, or approved equivalent (mounted on rear croSS member). 7. FRONT AXLE: a. Front axle - 20,000 lb. b. Front wheels - steel 10 hole hub piloted c. Front tires - 11 R22.5 Goodyear G397LHS, steer or approved equivalent. d. Front hubs - Ferrous, or approved equivalent. 8. REAR AXLE: a. Rear axle - 40.000 lb. b. Rear wheels - steel 10 hole hub piloted c. Rear tires _ 11 R22.5 Goodyear G 124 unisteel traction or approved equivalent. d. Hubs - Ferrous, or approved equivalent. e. Power divider with warning light and buzzer (includes in cab control) 9. ELECTRICAL: a. Circuit protection - fuses except headlamp and wiper circuits which utilize circuit breakers. b. Hand throttle _ electronic hand throttle operated through cruise control when in PTO mode only. c. Engine protection _ engine shut down system monitoring high water temp, low oil pressure, high exhaust temp, high transmission temp. 10. CONDITIONS In addition to equipment specified, vehicle shall be equipped with all standard equipment as specified by the manufacturer for this model and shall comply with all EPA Emission Standards and all Motor Vehicle Safety Standards as established by the U.S. Department of TranspOltation regarding the manufacture of motor vehicles. The successful bidder shall be responsible for delivering vehicles that are properly serviced. clean and in first class operating condition. Pre-delivery service, at a minimum, shall include the following: a. Complete lubrication. b. Check all fluid levels to assure proper fill. c. Adjustment of engine to proper operating condition. d. Inflate tires to proper pressure. e. Check to assure proper operation of all accessories. gauges, lights. and mechanical features. f. Focusing of headlights. g. Cleaning of vehicles, if necessary, and removal of all unnecessary tags. stickers. papers, etc. DO NOT remove window price sticker or supplied line sheet. Bid Award Announcement (06-14-0821A) 202 r. { '~'.--:: .~ -....~ c:' '_1~r 1,=", <:I.J.. t r ...... '-'" ......... ~ ..l- """ _J QUOTATION Prepared For: Ship To: Aulocar Florid a Aulocar Florida , QUOTE EST. DELIVERY I REFERENCE ISSUE VALID FROM RECEIPT SUBMITTED NUMBER DATE FOR OF ORDER BY I , 06UJ9AOO9V 12/112006 12 Steve Bell J ~_ AO Months Body SB40BDY28E04- Body: Half Pack 28yd Eject * Option selrclions may exehlCk some stllndRrd rutures. Standard ODtlons SB40ACT00001- Account: Distributor/Direct S840CHMOOO07 - Chassis Make: Aulocar S84OCHE00001- Chassis Engine: Cummins S84OCHTOO001. ChassIs Transmission: Allison WIech S84OMNT00001- Mount Instructions: Eject Mount S840PMPOOO01- pump: Comm Front Mnt w/ HOC-E S84OCNTOO070- Control Kits: WX64. Eject Com Jstick S840ELCOOOO7- Body ElectriCal: Smart Lamp wI LED Lighting S840ELCOO034- Work Lighting: Hopper Flood - InCab Switch S840CAMOOOO5- Camera 1: Safety Vision Tailgate Cowl S840MISOOOO2- Miscellaneous Group 1: 4 Bearing Block Kit S840MISOOO22. Miscellaneous Group 2: Fire Ext wI bracket - (Eject) S840MI500026- Miscellaneous Group 2: 60g1 WashOlJt Tank S-M (Eject) S840PNTOOOO1- Paint: Cust Choice One Color - Eject-Match Caab Total Body and Options Surcharge Freight S840WAROOO01- Warranty Additional 6 Month Warranty Discount FET State and Local Taxes Title Dealer and Installed Options Ready Truck ChassiS Chassis Mod lfleation on Customer Owned ChaSSIS Ready Truck Chassis ModifICations Quote Per Unit Prepared By: Steve Bell Flonda Direct Sales 423.580.6096 Cell 3216761203 Fax ~I.. SHI..PPED......'.. FOB I TERMS VIA : POINT ;;S~y - 1-- FlorKia I_Ne130 , Price $000 Included $000 $000 $000 $000 $000 $000 $0.00 Total Packaae Quote; $78.181.84 $78.181.84 Number of Units Quoted: THANK YOU FOR THE OPPORTUNITY TO QUOTEl If you have any questions concerning this quotation, please feel free to contact me. HU~-c5-c~8~ ~~;l~ I KLll"I.. LJH'v'C 0 I C'..:;tCI'IMI 'I ~'_'..1.,_,......"_',-"__',-'o::-.' , '-'. I 1'--'-''--....' t.ax: olTiccs. -- - ~--......~t ...,4 /"' a::if:VC ~~\;\ 1 ~t.. ~ Purchaser(s) r~ucsting new plates must state on their purchase order what type of plate is required and a person's name. title>, and phone number to contact if there are any questions. 25. .fS.AADMINISTEdTIVE .f'~~ES FOR PURSUlT ADMINISTRKfIYE._NPN-PURSUIL UTILny VEtI.lCl-ES TRUCKS & VAN~ (Any Vehicle up to 52.000 lb. GVWRI Auto dealers ARE to include a $75.00 per unit administrative fee in their bid prices and ... ,~annot be added as u separate line item. 27. ~~STRATIVE FEES FOR TRUCKS STARTING AT 52.000 LB. GVWR l~JYD-A!...L HEAVY EQUIPMENT Dealers are to charge purchasing agencies an administrative fee of 1/2 percent (.005) of the total contract price_ ---. 06-14-0821 (DRAFT COpy) 20 Administrative fees for trucks startIng at 52,000 lb. GVWR and all heavy equipment ARE NOT to be included or made a part of the bidders bid prIce submissIon for these units. This will be a separate line item on the agency's purchase order, Dealers will be responsiblle for advising the prospective purchasing agellcy(ies} of the 1/2 percent (.005) administrative fee to be charged and include It 10 the total contract purchase price at the time of order. 2K CONTRACTING DEALEBS' QUARTERLY SALES ACTIVl1Y REPOIIT AND FEE DEPOSn' REQUffiEMENTS Mter receipt of payment from. the contract purchases, aU adnlintstraUve fees shall be payable by the contracting dealerships to the Florida Sheriffs Association no later than 15 days after the eod of each quarter. All fees payable to the FSA durJng any given quarter will be accompanied and supported by a deta1led quarterly activity report as defined in section 29, WSmnmary of Tot a! Sales~ of the contract. By submission of these sales summary reports and corresponding fee deposits, the dealershIp is certltying their correctness. All such reports and fee deposits shan be subject to audit by the Florida SheI1fTs Association. Copies of purchasing agencle~ original purchase orders wlll be used by the FSA as a check and balance measure. Failure to deposit fees with accompanying sales &nmDtary reports in a timely manner. even if there are no sales. within 30 caleodar days following the end 01 each quarter may result in the dealer being fouod in default in which case any and aU reprocurement cost may be charged against the defaulting dealer and may result in immediate. unilateral cancellation of your contract by the Florida Sheriffs Association and removal from its bidder's list. Due to the continued problems we are expertenC'mg In receMng reports and adminis- trative fees in a timely manner. we wtll include a provision fOl- a late fee of$25 PER DAY for each day reports and payments are past due. We will provide for a 5-day grace period, and after that date (20th of the month). the $25 lale fee wHl be assessed. These fees should be included In your payment; however, if for some reason they are not, FSA will invoice your company for the amount of the late fee. Any late fees not paid within 30 days of invoice can result in your disqualification from participating in this contract in future years. 29. SUMMARY...QE TOTAL SALES Contractor shall furnish the Cooperative Bid Coordinator A ""phn.." ..~..__ __ -~ ...- ~ . . J/ ?l~~ ,.\J\ 1 Ll"tv ~ I . d L;'L\ offices. Purchaser(s) requesting new plmes must state on their purchase order Wll8.t Lype of piaLe required and a person's name, tille, and phone number to contact if there are any question, 25. FSJ:\_.A12M!NJ$.Tl:\DJIVt:_.f!;,;~~;U::'Q_R.E1JB$.U[L1\!J.1i.lNI$.TEi.\TLy'J:<;_~'~.QN-l:'\JJs,,?lJII', lJnLnLVEtllc.L.&'3,TJmCJ-$;~..&_Y~~ (Any Vehicle up to 52,000 lb. GVWm Auto dealers ~ to include a $75.00 per unit administrative fee in Uteir bid priu'". and ... cannot be added as a separate line item. 27 . fS.A, ,'\RJY.lJNlSJ].$A.I-IVr~E~ji;.l;U;~QR.TB..lJ.CJ:;';;LS.'IAE'J1!S1.Qj\T_5..~.QQQ..J,,!;S-,jd-"-:WE i\ND..l\t,Ic. .)-lE,t\V'Lr~QOIPj\1.~.l\n' Dealers arc to charge purchasing dgcl1cics an administrative fee of 1/2 percent (OllS) of the rotal contract price. -,- 06.14-0821 (DRAFT COpy) 20 Administrative fees for trucks starting at 52.000 lb. GVWRand all heavy equipment ARE NOT to be included or made a part of the bidders bid price submission for these units. This will be a separate line item on the agency's purchase order. Dealers will be responsibile for advising the prospective purchasing agency(ies) of the 1/2 percent (.005) administrative fee to be charged and include it in the total contract purchase price at the time of order. 28. ~()NTFU\CT1NG DEALERS' QUARfERLY SALES ACTIVITY REPORT AND FEE DEPOSIT REQUIREMENTS After receipt of payment from the contract purchases. all administrative fees shall be payable by the contracting dealerships to the Florida Sheriffs Association no later than 15 days after the end of each quarter. All fees payable to the FSA during any given quarter will be accompanied and supported by a detailed quarterly activity report as defined in section 29. "Summary of Total Sales" of the contract. By submission of these sales summary reports and curresponding tee deposits, the dealership is certifYing their correctness. All such reports and fee deposits shall be subject to audit by the Florida Sheritfs Association. Copies of purchasing agencies original purchase orders will be used by the FSA as a check and balance measure, Failure to deposit fees with accompanying sales summary reports in a timely manner, even if there are no sales, within 30 calendar days following the end of each quarter may result in the dealer being found in default in which case any and all reprocurement cost may be charged against the defaulting dealer and may result in immediate, unilateral cancellation of your contract by the Florida Sheriffs Association and removal from its bidder's list. DU~ to the continued problems we are expedencmg in receiving reports and adl~ tratlve fees in a timely manner, we will include a provision for a late fee of$25 PER DAY for each day reports and payments are past due. We will provide for a 5-day grace period, and after that date (20th of the month), the $25 late fee will be assessed. These fees should be included in your payment; however. if for some reason they are not. FSA will invoice YOU1' company for the amount of the late fee. Any late fees nC;;t paid within 30 days of invoice can result in your disqualification from participating in this contract in future years. l ~ 9. ~UM..M.t\RY..Q.E.IO.J'~f>-LES Contractor shall furnish the Coonerative Bid Coordin.lltoT ... rl"t>>H..<f ..O;:'n....-...~. ~f' 'T'~.....1 ES8S-989 (I9S) saI~S ~on~l JW~ I~~aua~ ~SV:80 LO VO ~~W ~.....~.i.\:-r.Y.O ".'. .' ........ .~' . tl.l.. i_ 0''''" J- dJ ~ ':" . ,..' 0 it ",": ''''';. (-' ON 't> VI.-CONSENT AGENDA ITEM 8.6. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final FOIm Must be Turned Requested City Commission Date Final Fomn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 17, 2007 April 2, 2007 (Noon.) ~ June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15, 2007 April 30,2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: A motion to negotiate a contract with Miller Legg of West Palm Beach, Florida for the RFQ: "THE REPLACEMENT OF OCEANFRONT PARK BOARDWALK; CONSTRUCTION OF JAYCEE PARK BOARDWALK AND CONSTRUCTION IMPROVEMENTS AT BOAT CLUB PARK", RFQ#040-2730-07/CJD. EXPLANATION: On March 22, 2007, Procurement Services opened and tabulated five (5) proposals to our RFQ: "THE REPLACEMENT OF OCEANFRONT PARK BOARDWALK; CONSTRUCTION OF JAYCEE PARK BOARDWALK AND CONSTRUCTION IMPROVEMENTS AT BOAT CLUB PARK". An evaluation committee was formed and reviewed all proposals. The committee consisted of: Wally Majors, Director of Recreation and Parks, Jeff Livergood, Director of Public Works, and Tom Balfe, Parks Manager. A numerical scoring system was utilized to evaluate each proposal against requirements established in the RFQ. After short listing the two (2) highest ranked firms, RMPK Group Inc. and Miller Legg, they w8e invit@ to give the selection committee a presentation. The evaluation committee members reconfirmed the initial ranking basfJj o~ RFQ criteria. Attached is the ranking sheet. It was determined that Miller Legg of West Palm Beach was the most n:spo~:e.' responsible respondent that met all criteria. ~ -; L" W CJ N~; ~~~ PROGRAM IMPACT: This firm will design the replacement of the boardwalks at Oceanfront Park and Jaycee Park~ do,~ :':':j construction improvements at Boat Club Park to include a restroom. l..O .:=;f~ 'lC".J FISCAL IMPACT: w -n (J'1-> Pl ...... 'n - ,- - LOCATION: ACCOUNT# AMOUNT BUDGETED FOR ENGINEERING SERVICES $200,000.00 $41,000.00 $40,000.00 Replacement of Oceanfront Park Construction of Jaycee Park Boardwalk Construction Improvements at Boat Club 302-4204-580-63-15 302-4299-580-63-05 302-4108-580-62-01 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Wally Majors - Recreation Director Jody Rivers - Parks Superintendent File '....~..'..... :-? ." ./. . i l ,\ .1: )\ 1- -,.""" i"~' -"-. - " <.-" t;'i'O~P O~/ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: Do not allow staff to negotiate a contract for construction services for these projects, or just do some of the projects. City Manager's Signature 13(~~ Pr emen ervices City Attorne / Finance S:\BULLETIN\FORMS\AGENDA lTEM REQUEST FORM.DOC C. Wal1y Majors - Recreation Director Jody Riyers - Parks Superintendent File RECREATION DEPARTMENT MEMORANDUM NO. 07-62 TO: Bobby Jenkins, Asst. Finance Director Wally Majors, Recreation & Parks Director ~ FROM: DATE: May 16, 2007 SUBJECT: Replacement of Oceanfront Boardwalk; Construction of Jaycee Park Boardwalk; Construction Improvements at Boat Club Park RFQ# 040-2730-07/CJD On April 26, 2007, a panel consisting of Public Works/Engineering Director Jeff Livergood, Parks Manager Tom Balfe, and I reviewed and scored proposals received as part ofRFQ# 040- 2730-07/CJD (Replacement of Oceanfront Boardwalk; Construction of Jaycee Park Boardwalk; Construction Improvements at Boat Club Park). Miller Legg and The RMPK Group, Inc. were selected as the top two scoring firms. As such, we requested that these firms make a presentation to further elaborate about their qualifications, and to answer specific questions regarding the projected scope of services. The presentations were made to the same panel on May 14, 2007. Following the presentations the panel met, and unanimously chose Miller Legg as the most qualified consultant for this contract. Consequently, based on Commission approval, we wish to negotiate a contract with Miller Legg to provide construction design services for Replacement of Oceanfront Boardwalk; Construction of Jaycee Park Boardwalk; Construction Improvements at Boat Club Park. We respectfully request that you place this item on the first possible City Commission Meeting agenda. Proiect Account # Proiect # Replacement of Oceanfront Boardwalk 302-4204-580-63-15 CP 0429 Construction of Jaycee Park Boardwalk 302-4299-580-63-05 CP 0513 Construction Improvements at Boat Club Park 302-4108- 580-62-01 CP 0418 Alternative: Do not allow staff to negotiate a contract for construction serVIces for these projects, or just some of the projects. /wm RFQ FOR "THE REPLACEMENT OF OCEANFRONT PARK BOARDWALK; CONSTRUCTION OF JAYCEE PARK BOARDWALK AND CONSTRUCTION IMPROVEMENTSATBOATCLUBPARK~ SUMMARY SCORE SHEET Rl~'Q#040-2730-07/CJD NAME OF COMMITTEE MEMBER WALLY MAJORS JEFF LIVERGOOD TOM BALFE KEITH AND selIN ARS MILLERLEGG SAN ILl CONS'( INC. 5 5 5 -~-_.. L SEA THE RMPK 'RUCTION DIVERSIFIED GROUP,INC. -_.~ -- 4 2 4 2 3 2 --_.--- f---------~ -- - 11 6 ---_._- ------ -------------.-- -- -- n__' 4 2 3 3 3 1 1 1 TOTALS 9 3 _...------ -- ---- 15 PLACEMENT 3 1 5 RFQ NAME RFQ NUMBER: DATE TIME: ATTENDANCE SHEET FOR RFQ SELECTION MEETING (Please Print) THE REPLACEMENT OF OCEANFRONT PARK BOARDWALK; CONSTRUCTION OF JAYCEE PARK BOARDWALK AND CONSTRUCTION IMPROVEMENTS AT BOAT CLUB PARK 040-2730-07/00 APRIL 26, 2007 9:00 P.M. .PHONE NOMB.ER W/AREACOPE 50/ blH /13Jv ., ) 6fX1 fl /oj~ 11fl<2Y 4JJ 7h(/fYJ::fJ (}lltlf Jc (j&)S We?!: 'i t;!.r~ o~ ~D-' W~ /Il~1JJI xb~55 '1 4 t {'~ L . . :J '.. '. ~~) {'~rL j~. (yJ-- D I THE REPLACEMENT OF OCEANFRONT PARK BOARDWALK; CONSTRUCTION OF JAYCEE PARK BOARDWALK AND CONSTRUCTION IMPROVEMENTS AT BOAT CLUB PARK RFQ DUE DATE: March 22, 2007 RFQ DUE TIME: 2:30 P.M. RFQ # 040-2730-07/CJD "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time /\11 other offers submitted in response to this solicitation. if any. are hereby rejected as late" VENDORS KEITH AND SCHNARS, P.A. MILLER LEGG SANILlL CONSTRUCTION INC 6500 NORTH ANDREWS AVE. 2005 VISTA PARKWAY, STE 100 6191 W. ATLANTIC BLVD #6 FT. LAUDERDALE, FL 33309 WEST PALM BEACH, FL 33411 MARGATE, FL 33063 PHONE: (954) 776-1616 PHONE: (561) 689-1138 PHONE: (954) 935-2221 FAX: (954) 771-7690 FAX: (561) 689-8108 FAX: (954) 935-2225 CONTACT: MARK MOSHIER CONTACT: MICHAEL KROLL, RLA CONTACT: ARMON RAHMANKHAH ORIGINAL AND FOUR COPIES SUBMITTED YES YES YES -..- PROPOSER'S ACKNOWLEDGEMENT SUBMITTED YES YES YES ST A TEMENT OF PROPOSERS QUALIFICATIONS SUBMITTED YES YES YES -- -.--..------------.----- - ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES NON-COLLUSION AFFIDAVIT OF PRIME PROPOSER SUBMITTED YES YES YES/NOT NOTORIZED CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT A MINORITY YES/NOT A MINORITY YESIYES OWNED BUSINESS OWNED BUSINESS BROW ARD COUNTY CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES YES YES SCHEDULE OF SUB-CONTRACTORS SUBMITTED YES YES YES/ LEFT BLANK --~_."----- "--.--.. --- _n._"_ COMMENTS .---------.----....------- -"- _...- ----,--------------------.-----------..--- '---..-..,.------------- ..--- THE REPLACEMENT OF OCEANFRONT PARK BOARDWALK; CONSTRUCTION OF JAYCEE PARK BOARDWALK AND CONSTRUCTION IMPROVEMENTS AT BOAT CLUB PARK RFQ DUE DATE: March 22, 2007 RFQ DUE TIME: 2:30 P.M. RFQ # 040-2730-07/CJD "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS SEA DIVERSIFIED, INC. THE RMPK GROUP 1200 NW. 17TH AVE. STE 3 1519 MAIN STREET DELRAY BEACH, FL 33445 SARASOTA, FL 34236 PHONE: (561) 243-4920 PHONE: (941) 954-1718 FAX: (561) 243-4957 FAX: (941) 954-0231 CONTACT: WILLIAM T. SADLER, JR, PE PSM CONTACT: RUSSELL MOORE ORIGINAL AND FOUR COPIES SUBMITTED YES YES PROPOSERS ACKNOWLEDGEMENT SUBMITTED YES YES STATEMENT OF PROPOSERS QUALIFICATIONS SUBMITTED YES YES ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES NON-COLLUSION AFFIDAVIT OF PRIME PROPOSER SUBMITTED YES NO CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT A MINORITY YES/NOT A MINORITY OWNED BUSINESS OWNED BUSINESS CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES YES SCHEDULE OF SUB-CONTRACTORS SUBMITTED YES YES/NONE COMMENTS OCEANFRONT PARK BOARDWALK/JAYCEE PARK BOARDW ALKIBOA T CLUB PARK RENOVATIONS LANDSCAPE ARCHITECTURAL / ARCHITECTURAL CONSULTANT SERVICES CRITERIA Company Name: Miller Legg Maximum Criteria Points Actual Points 25 Experience with design of public spaces, natural areas, parks and site planning. ))- ;;..... . 20 Experience with design of oceanfront facilities including boardwalks and dune walkovers 20 25 Experience with development of conceptual plans, construction drawings and bid specifications,_ and C0l1struction observation~~~____ ) ~ c:. ~ 20 Experience and kn()wl~dge ~Lthe~Ul1erica!!.s with pisabilities ~_~_~___ ________ -----~._._._.. - ---- ") {.-. L / \0 .E:~I'.~ie.!l~~~~~~lJ:l~I~~~~ting\\'i th _~~gu I ato~y ;:tg~l1c i e.s. Jf,-_ /L / c.-b 1 00 TOTAl, Rater: L'I"".,.~.(.ud -..--.------. -------0-----------------. OCEANFRONTPARKBOARDWAL~JAYCEEPARKBOARDWAL~BOATCLUBPARK RENOVATIONS LANDSCAPE ARCHITECTURAL / ARCHITECTURAL CONSULTANT SERVICES CRITERIA Company Name: RMPK Group Maximum Criteria Actual Points Points 25 Experience with design of public spaces, natural areas, parks and site planning. Z 5-- 20 Experience with design of oceanfront facilities including boardwalks and dune walkovers Ie;; 25 Experience with development of conceptual plans, construction drawings and bid -' specifications, and construction observation. 'J~ 20 Experience and knowledge ofthe Americans with Disabilities Act ;)0 10 Experience with permitting with regulatory agencies. /{/ ~ 100 TOTAL Raler: B7 ,,1 L,,,,,<c( oj OCEANFRONT PARK BOARDWALK/JAYCEE PARK BOARDWALK/BOAT CLUB PARK RENOV ATIONS LANDSCAPE ARCHITECTURAL / ARCHITECTURAL CONSULTANT SERVICES CRITERIA Company Name: Keith and Schnars e Amcricans with Dis Actual Points , parks and site planning. 2'- _ng boardwalks and dune walkovers i ~ lstruction drawings and bid 2~ abilities Act 2{) - ------.- __W__'. --------_..~-,..--------~- / ('I m_'o_ ______~.___'H_ ----- ____mO' . _______ -- --'--- q L ------_..._._-_.._--_._----_..__._...-----_....__._--~------..----------.--- Maximum Criteria Points .~~,----~~-_.- 25 Experience with design ofpubli ~'-' 20 Experience with design of ocem --- ._--~--_...--_. 25 Experience with devclopment 0 1-- - _______.n_____ specifications, and construction 20 Experience and knowledgc of th _m_____ -~,._- I 10 u~ I Experiet.~~(?~vith permitting with 100 TOTAL c spaces, natural areas lfront facilities inc1udi f conceptual plans, COI observation. L __ t _reg~latol:Y ~~~n~}(?~_ Ratcr:_ ~_'-H_<'tr~- OCEANFRONT PARK BOARDWALIDJAYCEE PARK BOARDWALIDBOAT CLUB PARK RENOVATIONS LANDSCAPE ARCHITECTURAL / ARCHITECTURAL CONSULTANT SERVICES CRITERIA Company Name: SEA Diversified Maximum Criteria Actual Points Points 25 Experience with design of public spaces, natural areas, parks and site planning. 17 20 Experience with design of oceanfront facilities including boardwalks and dune walkovers iD 25 Experience with development of conceptual plans, construction drawings and bid 20 specifications, and construction observation. 20 Experience and knowledge of the Americans with Disabilities Act 20 10 Experience with permitting with regulatory agencies. 16 100 TOTAL 77 Rater: L 'J-"l-.I OCEANFRONT PARK BOARDW ALK/JA YCEE PARK BOARDW ALK/BOA T CLUB PARK RENOV ATIONS LANDSCAPE ARCHITECTURAL / ARCHITECTURAL CONSULT ANT SERVICES CRITERIA Company Name: Sanalil, Inc. Actual Points Maximum Criteria Points 25 Experience with design_(.)fpublic spaces, na~ural_areas, parks and site planning. ? 20 Experience with design of oceanfront facilities including boardwalks and dune walkovers --_.._--~_._-- --~--_._._--_._. - ---.- (, 25 100 Rater: Experience with development of conceptual plans, construction drawings and bid specifications, an~onstr~ction observation. _~____~_ /S'~ 20 _~_~e~ience and~~owledgc_<.)fJl~,-,~mericans with Disabilities Act .l~~eerience withl?e_~mitting_~vitJlr,-,-gulato~J.._ag,-,ncics. . I !,OTAL ______ /D 10 l\ '3<6 ------- - -- L ,-J~>c 'tr '--' t - ------------v---------- OCEANFRONT PARK BOARDW ALK/JA YCEE PARK BOARDWALK/BOAT CLUB PARK RENOVATIONS LANDSCAPE ARCHITECTURAL / ARCHITECTURAL CONSLL T ANT SERVICES CRITERIA Company Name: Miller Legg Maxim um Points I Actual I Points I I / ,,:,"'\ .. , I ~ i I I I f- I I 25 I 20 ! i I 25 ~ I ~~ I 1~~ I Experience with design of oceanfront facilities including boardwalks and dune walkovers 'j I ,._,'../ l Experience with development of conceptual plans. construction drawings and bid c)i specifications, and construction observation. Experience and knowledge of the Americans with Disabilities Act j "; I Experience with permitting with regulatory agencies. I) I \ ,''') I '7"'\ TOTAL t.j' ,.""_r Rater: ,:-/,'2/1 ;;L ,;j I;') OCEANFRONT PARK BOARD\\! ALK/.JA YCEE PARK BOAI~DW ALK/BOAT CLUB PARK RENOY A TIONS LANDSCAPE ARCHITECITRAL / ARCHITECTURAL C(P;SLLTANT SERVICES CRITERIA Company Name: RMPK GnJUp Maximum Criteria Points 25 _~pericllc~_ \\ithdcsig!!_<.)J)ublic~pa~_e> 11(ltural a_l:~-':ls.- park.sancl_site pla12~ling.__~__ 20 .,I~xp~riellCe\\i~~~esigll <.~G1CeanI!oI2U~~ili ri<-::s ~~J~ldillg board w(ilks .and d une~\al kov~2's 25 Experience \\ ith de\clopment of conceptual plans. construction drawings and bid 1 sp~c_U.lca0-,!!!s:':lnd COl1s~r~~~!Oll observa~02':.~___________u~__ --~ .. 20 l~xJlerience and kno\\'Le~lge 0 r t h~ .;.\11lC:ljc(inS_~\itb..[)isa~i.!iti~s Act jO -"-l_~~.pcrience \\i~Il pcrmit.t:.ing \\ith rcguJat<'~I}agen~ics. 100 !TOTAL Rater: Actual Points OCEANFRONT PARK BOARDWALK/JAYCEE PARK BOARDWALK/BOAT CLUB PARK RENOVATIONS LANDSCAPE ARCHITECTURAL / ARCHITECTURAL CONSLL TANT SERVICES CRITERIA Company Name: Keith and Schnars Maximum ; Criter"ia Points Actual Points 25 Experience with design of public spaces, natural areas, parks and site planning. I' '. , 20 Experience with design of oceanftont facilities including boardwalks and dune walkovers I i Experience with development of conceptual plans, construction drawings and bid specifications, and construction observation. ".-- ! ') 25 I I ~~70 1 Experience and knowledge of the Americans with Disabilities Act 10 ~ Experience with permitting with regulatory agencies. I I I 100 I TOTAL "0 / r- I , \.),\ Rater: " . 'I j~/I/ /. OCEANFRONT PARK BOARD\VALK/.JAYCEE PARK BOARD\VALK/BOAT CLUB PARK RENOVATIONS LA:\DSCAPE ARCHITECTl RAL / ARCHITECrrRAL CONSULTANT SERVICES CRITERIA Company Name: SEA Diversifieu Maximum Criteria Points Actual Points 25 Experience \\ith development or conceptual plans. construction drawings and bid ._ spcci fica! ions. andc()l1stn~cti()n ()!)ser\'a~i~r~___________ 25 .___,J:.xperi~lJce with desiJQ1_()Lpuhjic~l?.(~ces. lJatllli~ll\Te~~~ parks aJl<L~l<:J)lanning~ 20 _ ._-.J:~xperi~lJ~_\".ith design()f ()Ceal~().lllJ~lCil ili~~incl ulling 1~Cl.(lrd\\'aJ~~_and dUI1.C_\\i_alb~'~~'s , _L~-- 20 'x.periellCe and knmvlc.clge of the /\mericans_~i!b..Disal?.~l~i~sAct jO Ll:.xperience \\ ith pern~ttil1~\\ithrc_gulalor~ agelJ~_Les. 100 TOT AL Rater: OCEANFRONT PARK BOARDWALK/JAYCEE PARK BOARDWALK/BOAT CLUB PARK RENOVATIONS LANDSCAPE ARCHITECTlJRAL / ARCHITECTURAL CONSULTANT SERVICES CRITERIA Company Name: Sanalil, Inc. -~_~_ n.. Maximum : Criteria Points Actual Points 25 20 25 20 10 100 Rater: I Experience with design of public spaces, natural areas, parks and site planning. I I I Experience with design of oceanfront facilities including boardwalks and dune walkovers () Experience with development of conceptual plans. construction drawings and bid speci fications, and construction observation. i Experience and knowledge of the Americans with Disabilities Act I I i Experience with permitting with regulatory agencies. I TOTAL . , ; ,Ii ~ 1/ /J i'-1' " OCEANFRONT PARK BOARDWALK/.JAYCEE PARK BOARDWALK/BOAT CLlJB PARK RENOVATIONS LANDSCAPE ARCIIITECITRAL / ARCHITECITRAL CO:\SlLTANT SERVICES CRITERIA Company Name: Samllil, Inc. Maximum Criteria Points Actual Points -----------------..-- -------- -..----------..------ -~----_.--~-- -- 25 .__.~ ~~'\pcri~I1C~\~itl~design y I~publ icspaces__l~1!.~mll ~lrea~:Jl~ll'ks and si t~Jlla11l1i ng_____ ___m __ ~--Q- ~ I .~~ Experience with design or oceanlj'ont l~lcilitics including boardwalks and dune walkovers (CJ _______.___._______.__________ ___ ._________ __ _____________.._______. _________ c ' -~ 20 100 TOTAL -5J I n) i ~___ U-; -~-Q c: ----- . -l....L-- - ,~ .:.) Lxperience with devc\opment or conceptual plans. construction dravvings and bid ....:<;pecilicatiol~~__ and C(2~1struclion ob~ervatior~_______ ___ __ _ _~______ ----- ,-- 20 lxperil'nc:.~ and kll()wledg~ of th_e_!~!lericar~~-\vi th121s(1~lil itic~ 0.~t ----- ----.. ..-......- 10 lxp~1jellCC with p~l~l~iltin~ V\ith regl~l~~tOl) _(Lg~ncies. Rater: 1-. -- OCEANFRONT PARK BOARDWALK/JAYCEE PARK BOARDWALK/BOAT CLUB PARK RENOVATIONS LANDSCAPE ARCHITECTURAL / ARCHITECTURAL CONSULTANT SERVICES CRITERIA Company Name: SEA Diversified Maximum Criteria Poin ts Actual Points 25 Experience with design of public spaces, natural areas, parks and site planning. 20 Experience with design of oceanti-ont facilities incluc!ing boardwalks and dune walkovers 25 Experience with development of conceptual plans, construction drawings and bid specifications, and construction observatiOl:. 20 Expe~'ience and knowledge of the Americans with Disabilities Act ~ 10 Experience with permitting with regulatory agencies. Rater: t~/~ /.. ..' .:..-- 100 TOTAL OCEANFRONT PARK BOARD'''' ALK/.JA YCEE PARK BOARDWALK/BOAT CLUB PARK RENOY A TIONS LANDSCAPE ARClllTECTlRAL / ARCHITECTURAL CONSlLTANT SERVICES CRITERIA Company Name: RMPK Group Maximum Criteria Points _______...______._ - ..___________.. ,_.____0---..... ...__._._'~__ __n_______________ 25 _ i'xp~ri~~ce~~i~~de~ig~l()fl'_11bli~ :-;pac~~ l~cl~ural Cll,,=as. pa~:~s an(sil~ I2lmll~i~lg. __ _____ 20 1 X x peri~ll~_\V i t h d e-"s) gn(Lr~)C~ a!~!}:Clll~j'<l~ili tie s _~~~l':l~li n g bO(l r~~~<~1~~1l~9~1~!I_~__W a 1 k O~l:~_ 25 Experience with development or conceptual plans. construction drawings and bid _-L spe(:ifi~_~io~IS:_<lll~~(~~2!rucDon observa~ior~___ -- ---------- - 20 . I :xperience and knowledge oj~~he Americ~l~ \v~h_Disabilili~~j~~t _~,____.._ _....n .'___"'_ _.._n --- 10 L~periel1ce wi~2.J2.ermil~i-Ilg wil11JegLllc~~Clry a~ncies. IOO TOTAL Rater: ---- ------- -~ ------ 1___--- -~-- ---- ~-~- ~ Actual Points . .-~(/ -~-Qk-J ! I i /Jt': !! ,XC; i i_Q_i --t-'*)-1 . g I -'-rl-i OCEANFRONT PARK BOARDWALK/JAYCEE PARK BOARDWALK/BOAT CLUB PARK RENOVATIONS LANDSCAPE ARCHITECTURAL / ARCHITECTURAL CONSULTANT SERVICES CRITERIA Company Name: MilicI' Legg Maximum ! Criteria Points -L I 25 I Experience with design of public spaces, natural areas, parks and site planning. Actual Points 20 Experience with design of oceanfront facilities including boardwalks and dune walkovers .~ 'aLI I ~~.I 25 I Experience with development of conceptual plans, construction drawings and bid ~__I specifications, and construction observation. L-.1Q- _ i :OX peri ence and know led gc or the AlTIeri cans with LJisahi I ities Act 10 ' Experience with permitting with regulatory agencies. 100 TOTAL Rater: ,.~ ---.-.-. , - // v.... OCEANFRONT PARK BOARD\VALK/.JAYCEE PARK BOARDWALK/BOAT CLUB PARK RENOVATIONS LANDSCAPE ARCHITECTliRAL / ARCHITECTURAL CONSLLTANT SERVICES CRITERIA Compan} Name: Keith and Schnars 25 Experience with development or conceptual plans. construction drawings and bid speci ticatiol1s. and construction observation. --1...__._.___....___.___._. --~-_.._.__._._-~-----_._-_._------_. --_._._-~._-------_._----_. ----..--..----..------ Actual I _________ ___________ ___t--_points : !~-Il ,JxJ1e~'ie~ce \,ith ~~LgngljJubli~ ~E(~t?~. l1atur~I_(l1'~~I~'E<lrks aJ~d_~ite planning.______ ---I /i L-)_] ,l'x periene e_'>i1h d csi~ 0 r oecanfron 1 lac if i 1 i cs i nd lld itlg board wa I ks aod dune waj ko vcrs_ 1 '75 j . I I , I ! _ __!)_(3J I ' ! -l- ()- ' Lxper~ncc and knowlcdg\:()L!I~e ^~~~]jC(lI1~\vitl]J2Js(l~ilities_i\ct_ Maximum Points Criteria 25 20 20 tOO TOTAL //) t~- I --L)3~ ]0 l:\pcricncc with permitting with t egulatory agencies. +-__._u__.___ __ ...__..._u.__' ------- ,.-..--.-.---.. ----,----.. ".-..- .....--...--.- -------.----- Rater: ~...C:.........\^"t.,....Y.,~O."',"\'. . .': . . -. ' III ". ) :r o .' / iJ ~. / '\r ~>/ (,. " 1-0 N '9 VI.-CONSENT AGENDA ITEM 8.7. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date final fonn Must be Turned Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) ~ 0 May 1, 2007 April 16,2007 (Noon) 0 0 May 15,2007 April 30, 2007 (Noon) 0 0 June 5, 2007 May 14, 2007 (Noon) 0 Requested City Commission Meeting Dates Date final Fonn Must be Turned in to City Clerk's Office June 19, 2007 June 4, 2007 (Noon) July 3, 2007 June 18,2007 (Noon) July 17,2007 July 2,2007 (Noon) August 7,2007 July 16,2007 (Noon) C) --..J c_ c.: .-, .--1.....~... +-/.~ ,.- 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 -0 ~ - -~r'n ~~') -!--. ,''1:::0 r-..J RECOMMENDATION: A motion to approve a piggyback of Collier County, FL contract number 06-3350 and U.S. Filter Wastewater Group, Inc. (Siemens Water Technologies) to purchase two (2) Biofilters, which are used for odor control in the wastewater collection system in the amount of $79,707.00. EXPLANATION: The Wastewater Pumping Stations Division has funding in their Capital Improvement Program Plan to purchase two Biofilter Odor Control units for Master Lift Station No. 356, which is located at the end of East Boynton Beach Blvd., near the Marina and Promenade Project; and Master Lift Station No. 801, located on West Boynton Beach Blvd. and Lawrence Road. The two units will be delivered and off-loaded along with an initial start-up and warranty to be included in the purchase price. The City will supply piping, electrical and water to the units. PROGRAM IMPACT: The Wastewater Pumping Station Division already owns and maintains two Biofilter Odor Control Units at Master Lift Stations 309 and 317. The operation of these two units has been very successful. Since the units went on line, we have not had any complaints from neighboring residents because of wastewater odors. FISCAL IMPACT: The cost for the ZABOC Biofilter 4000 System is $34,557.00, and the cost for the ZABOC Biofilter 5000 System is $45,150.00. These efficient units will effectively cut odors within residential neighborhoods. ACCOUNT NUMBER 403-5000-590-96-04 SWRI02 DESCRIPTION Bio-Scrubbers AMOUNT $79,707.00 -/1~1P" City Manager's Signature Department Name Procurement Services S:\06-19-07 Comm Agenda - Biofilter Odor Control Units Memorandum Utilities #07-074 To: Bobby Jenkins Asst. Finance Director From: Kofi Boateng, PE. Utility Director tvv~ ~\L~ "\=\0+ Date: May 10,2007 Subject: "Piggy-Back" Collier County Contract #06-3350 Standardization of Biofilter Odor Control Units The Utility Department would like to piggyback the Collier County contract for Biofilters, which was awarded to Siemens Water Technologies of San Diego California. The contract agreement is from August 1, 2006 to July 31, 2007. This contract is for the purchase of Zabocs Biofilters, which are used for odor control in the wastewater collection system. The Wastewater Pumping Stations Division has in their Capital Improvement Program Plan funding to purchase 2- Zabocs Biofilter Odor Control units for Master Lift Station #356, which is located at the end of Boynton Beach Blvd. near the Marina and promenade project and Master Lift Station #801, which is located on West Boynton Beach Blvd and Lawrence Rd. The Division already owns and maintains 2 units at Master Lift Stations #317 and #309. The installation and operation of these two units have been very successful. Multiple complaints from the residents have reduced to zero since the units went on line. The 2 units will be delivered, off-loaded and an initial start-up and warranty will be included in the purchase price. The City will supply piping, electrical and water to the units. The cost for the purchase of the 2 Biofilters are $79,707.00. Funds are available in account number 403-5000-590-96-04 SWR 102 (Bio-Scrubbers) Please present this at the next City Commission meeting for their approval. If you have any questions contact me at ext. 6401 or Tony Lombardi at ext. 6421 /TL Attachments , Xc: Peter Mazzella 1'1/' Barb Conboy Tony Lombardi Dan Spooner George Peck File 03/01/2007 11:t2 FAX Sle~ens Water Technology ~UUUU2U SIE~MENS " PGoQ,. -' ~cJ . "2.. {) ""') ~ . J I Siemens Water Technologies 12316 World Trade Drive San Diego, CA 92128 TELEPI-\ONE 858-487-220C FACSIMILE 858-487-560C COST PROPOSAL ZABOCS@ MODELS 4000 & 5000 BIOLOGICAL ODOR CONTROL SYSTEMS FOR THE BOYNTON BEACH, FLORIDA Loo STATIONS 801 &356 I' File No. M06-189 Prepared April 12, 2007 SIEMENS W A1ER TECHNOLOGIES SALESPERSON Siemens Water Technologies Mr. Dave McCalla 2650 Tallevast Road Sarasota, FL 34243 Tel: 941-355-2971 x307 Email: david.mccalIa@siemens.com PAGE 1 OF 4 SIEMENS Siemens Water Tecl1nologies I . 123161Worid Trade Onve TELEPHONE 858-487-2200 San Diego, CA 92128 FACSIMilE 858-487-5600 I April 12, 2007 Mr. Anthony Lombardi City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 Ref: Biological Odor Control Systems for the Boynton Beach,! FL Lift Stations 801 & 356 I I Dear Mr. Lombardi, Thank you for your continued interest;in Siemens Water Technolbgies. Please find enclosed our Cost Proposal for providing ONE ZABOCS@ Model 4000 Biologipal Odor Control System fot' the Boynton Beach Lift Station 801 and ONE ZABOCS@ Model 5000 !Biological Odor Control S~em for the Boynton Beach Lift Station 356. The systems are designed! Ito provide a process ventil~tion rate of up to 188 and 600 cfm respectiViely and will remove 99% of the inlet hydrogen sulfide iwith average concentrations of 50 ppm and peak concentrations of 100 ppm. . Each ZABOCS@ biological odor treatment system combines two p~oven technologies into a single, fully assembled, pre~packaged, odor t:r:eatment system. The biologi?al odor treatment takes place in two stages. The first stage uses an inert inorganic media, "BIODAGENETM", which was developed exclusively for biological odor treatment. It is especially suited for treatment of odorous waste~ater compounds such as hydrogen sulfide. The second stage uses th~ Siemens Westates' propri~tary "BIOCARBTM" media. The combination of these two types of media is effective at treating the wide range of organic and inorganic odors common to wastewater I systems. Special features of the ZABOCS system include: . High airflow capacity compared to similar sized convention~1 biofilter systems. . Ability to treat inorganic and organic odors in one system. . Biological treatment system with no storage of hazardous chemicals. . Integral pre-humidification system for cost effective humidification of dry process air. . Integral air distribution system to assure efficient air distribution . Compact unitary design provides minimum footprint and re~uces installation cost and time. . Completely factory tested prior to shipment. . · Siemens perfonnance guarantee. Our scope of work is attached immediately following this letter. We look forward to working with you on this project. Please do not hesitate to contact me with any q~estions. Sincerely, Tom Miles Technical Sales Manager Th1Ihd \\m06-189.scp-zb-041207.doc cc: Mr. Dave McCalla, Siemens Water Technologies PAGE20F4 U~/UI/ZUU( 11:4a rAA .:").le"leH~ t"rctl.e:l' l-eCUllU-LU5e-v SIEMENS ~ V v"'t I V'V SCOPE OF WORK The following equipment and services are included in our bid. The Siemens Water Techn910gies ZABOC@ systems are completely pre-assembled, wired and tested at the factory. C<>r1plete systems are shipped as a single piece. A general arrangement drawing of the system is attached. Q1yl Total No. Description Unit ~ I 1. 2. 3. FRP Air Exhaust Fan Fan OutletlVessel Inlet Transitiqn Premium FRP, Multi-Stage Odor Control Module with Extended Sump, including: · Biodageneâ„¢ Media for Treatment of Inorganic Odors CH:2S) · Biocarbâ„¢ Media for Treatment of Inorganic and Organic Odors · Integrated Humidification and Irrigation System · Integrated Nutrient Reservoir · Nozzles and Internal Piping · Access Manways, Drain, Removable Top FRP Exhaust Stack (3-ft above ~essel) NEMA 4X FRP Control Panel with Fan Switch, Water Valve Switch and Water Valve Timer Relay, VFD FRP Enclosed Water Control Cabinet with lnigation Solenoid, Rotameter, Nutrient Injection Point, Nutrient Flow Monitoring System, Control Valves, Water Pressure Control Valve, and Pressure Gauge Neoprene Pad Lifting Lugs Anchor Bolts Design Submittals and O&M Manuals Manufacturer's Services for Mechanical InstaIIation*, Start-up, and Training F.O.B. Factory with Full Freight Allowed (units to ship together) 4. 5. 6. 7. 8. 9. 10. 11. 12. EQUIPMENT & SERVICES BID PRICE**: 1 1 1 1 1 1 1 Included Included Included Included Included $79,707 Total 2 2 i I 2 2 i 2 Included Included Included Included Ihcluded * Mechanical Installation includes fmal on-site system assembly and general preparation of the I system for operation. It does not include any removal of existing equipment, civil works (concrete pad) or utilities connections. **We offer the same pricing as the Collier County units, which is which is $34,557 per unit for the ZABOCS 4000 system and is $45,150 per unit for the ZABOCS 5000 system. PAGE 3 OF4 U~/U~/~UU( ~l:4( tAA :>_lemeIl~ HaLerl 't.'CHOU rog.' SIEMENS EQUIPMENT & SERVICES PROVIDED BY OTHERS 1. Any demolition, removal and disposal of existing equipment. 2. Civil works, foundation design and concrete pad for equipment. 3. All dueting, dampers, flexible connectors and duct supports up to ZABOCS fan inlet. 4. Electrical power supply and conduit up to ZABOCS scrubber unit. 5. Water supply and drain piping, including backflow preventers. 6. Equipment Package Unloading and Setting on Pad. UTILITIES REOUlREMENTS (FOR ZB~4000 AND ZB~5000) Electrical: 480V/60 Hz/3~115A service required Power: The fan is 3 HP and the annual electrical usage is less than 14,000 kW-hr. Nutrients: The estimated nutrient use is 400-500 gallons annually with an annual cost of less than $300. A two-year supply is included. The ZABOCS system is equipped with a manually adjustable nutrient feed system. A controlled dosage of nutrients is automatically fed to the media during each irrigation cycle. Water: The water feed rate is 6.0 gallons per minute at 30 PSI pressure. The estimated icycle time is less than 4 minutes every 30 minutes, for a total water requirement of '1,200 gallons per day. The actual feed cycle time will be adjusted during system start-up. SCHEDULE Design Submittals: 6 weeks after receipt of Purchase Order Equipment Delivery: 13 weeks after written receipt of submittal approval WARRANTY Our standard warranty for equipment is 12 months from acceptance or 18 months from shipment, whichever occurs first. Media is guaranteed for two years. PAYMENT TERMS 90% upon equipment delivery, Net 30 days 10% upon equipment acceptance, not to exceed 120 days after equipment shipment. Our bid does not include any federal, state, local or user taxes, TERMS & CONDITIONS The Terms and Conditions that apply to any resulting order shall be the same as defined in the fully executed Contract #02-3350 - "Standardization of Biofilter Odor Control Systems" dated September 30, 2002 between Collier County Government and U.S. Filter Wastewater Group, Inc.(Siemens Water Technologies) PAGE 4 OF 4 z ~ c i2 5! ~~ 13:. 2: 15 ::12 00 1lI1t ~~ 38 IJ! F;lffi ~;S gi'~~ Ill'" '!llE~ ::l~ ~Il!~' ~:: :llg;:jl ..~ i...ll!! h..~~~! U~~~I ~fl~&; ~ elL ~9g..e ~ "1i!{~lL ~li"'~iJ~1 ~~~!~f!: o ~ ~ :.. w~ 1'i-' 5 _ :Ja ~ 2~.. OJ m~...~~ ~;~ i ~ ~ml~~ ~~ ~E 8i~lllflilI:i1ll~8~:'~ ..~ I ~~ ~E~i~~l!~8 ~~ I ~~~~~!~~~!!!!~!! F::a ~"l. '~T1J . " " ~' ~ . :> :..~ t: ',' ~ , .:. ~ ~ l.'lhl ~.t--l J,Yl- ;~1UI OZO/900 ~ .&SoToUlI::>aJ, .Ia:lflM suawalS .., i t ~I offi 52 ~i iii!li ~g .l.iS NO a ! ... o II ~ K I Ii I ; 8 c '" .. 9 .. un &-IOID-1IJmIJ8 XVd OS:TT LOOZ/TO/SO OZO/ LOOJPJ % :I g ~ g c5 ?~ g~ ~<O ~~ ~g 0% u~ I ~~ "';:; 8Q ! ~; idl i ~~ 8" ! ~S 'ieil ~~ w~ I .. :::~ 1ii~ ~c ",<il ~ I ~. n~ 5 ~~ ~I ~i w ~~ 'la1 J,ffi i ! ~~ !9 q~ tE- l! :! i NC> ~lml~I;;i I~ g~ ~ ! I ;!1!llllllil!~11 ~~~~h~: ~N".~.~~Gg=~~=~~ C=-~"=:l II ~,~ ~\ I ~ ., ~ ~ .." .. .... . . . . .;. If ,- ~; f ~I .. s: " I;: .'\:" ~ ffiffil" ! ! I , " ___.<-~ I !! I. II I ' i: .. Ii,. I "III I I ! I : I I I I II ' ~I ;L_~~~~'..L ... g i W , , I i I II I i I BUXU-eo, g~OTouq~a~ JalRM suamalS XVA IS:11 LOOZ/IO/SO 05/01/2007 11:53 FAX Stemen!; Water Tecnnolog;y I<{,J UUOI U':;U \1> p~~ h> f..1\-w , ~ COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Department Contract Administration RECEIVED Purchasing Building 3801 E. Tamiami Tra~1 Naples, Florida 34112 Telephone: 2391732-2~67 FAX: 239/530-6593 i JUL 2 4 2006 www.colliergov.net July 20, 2006 RJE Lori Adelman US Filter RJ Environmental Products 13100 Gregg Street, Suite B Poway, CA 92064 RE: Contract# 06-3350 "Standardization of BiofiIter Odor Control Units" Dear Ms~n: c;?' ~ We are pleased to enclose your copy of the fully executed agreement, for the iabove- referenced services which was approved by the Board of County Commissioners on April 25, 2006. Congratulations on the award of this contract; should you have any questions, please I do not hesitate to contact me at 239/774-8990. . Very truly yours, ~od' c.P.M. Contract Specialist cc: Stephen L. Nagy, Wastewater Collections 05/01/2007 11:54 FAX Siemens Water Technology RENEWAL AGREEMENT #06-3350 - Standardization of Biofilter Odor Control Units THIS AGREEMENT, made and entered into on this 25th day of April, 2006, by andibetween U.S. Filter Wastewater Group, Inc. d/b/a u.s. Filter RJ Environmental, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on August 1, 2006, and terminating on July 31, 2007. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all. of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement tenn then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Biofilter Odor Conh"ol units, field tests, inspection and start-up in accordance with the terms and conditions of the specifications of RFP #06-3350 and the Contractor's proposal herein referred to and made an integral part of this agreement. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price in Exhibit B, together with the cost of any other charges/fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Costs for the fourth year of the.contract may be renegotiated prior to renewal between the Contract Manager and Contractor. 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail, or by facsimile or email to the Contractor at the following Address: Richard Parker, Director of Sales U.S. Filter Wastewater Group, Inc. d/b/ a U.S. Filter RJ Environmental 13100 Gregg Street, Suite B Poway, CA 92064 Facsimile: 858-486-8501 05/01/2007 11; .36 FAX Siemens Water Technology I4J 010/020 ,.' All Notices from the Contractor to the County shall be deemed duly served if maim-eel by registered or certified mailJ by facsimile or email to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Facsimile: 239-732-0844 Attention: Purchasing/General Services Director i i' i The Contractor and the County may change the above mailing address at arur time upon giving the other party written notification. All notices under this Agr~ment must be in writing. ! . 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as ~ating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. ! 6. PERMITS; LICENSES: TAXES. In compliance with Section 218.80J F,S'J all permits necessary for the prosecution of the Work shall be obtained by the Contractor. P~yrnent for all such permits issued by the County shall be processed internally by the qounty. All non-County pennits necessary for the prosecution of the Work shall be prpcured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contracto,r shall comply with all rules, regulations and laws of Collier County, the State of Florida~or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with. all laws governing the responsibility of an employer with respect to persons employed by the Contractor. ' 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or muhicipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the light to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspensio~ to continue until the violation is cured. The Contractor further agrees' not to commence operation during the suspension period until the violation has been .corrected to the satisfaction of the County. 05/01/2007 11:59 FAX Siemens ~ater Technology ~, ". ( . -.. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement inunediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. If County cancels this Agreement for anYj reason other than contractor's breach, County shall promptly pay contractor for work performed prior to cancellation and any other direct costs incurred by contractor as a result of such cancellation.. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have m.i.rrl.mum limits of $1)000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Plloperty Damage Liability. 'This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federa1laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 3 05/01l2C07 12:~1 FAX Siemens Water Technolog;y 1@0121020 11. INDEMNIFICATION. To the maximum extent permitted by Florida l~w, the Contractor/Vendor shall inden;mify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, Ibut not limited to, reasonable attorneys' fees and paralegals' fees, asserted by any ~d party for personal injury, death or damage to tangible property, to the extent causeq.' by the negligence, recklessness, or intentionally wrongful conduct of the ContractorAVendor or anyone employed or utilized by the Contractor/Vendor in the performanc~ of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be availabl~ to an indemnified party or person described in this paragraph. . This section does not pertain to any incident arising from the sole negligence of i Collier County. 12. LIMITATION OF LIABILITY.. EXCEPT AS OTHERWISE SET FORTH IN SEqTION 11 HEREOF, CONTRAcrOR/VENDOR SHALL NOT BE UABLE FOR I ANY CONSEQUENTIAL, INODENTAL, SPECIAL, PUNITIVE OR OTHER INDfRE. cr DAMAGFS, AND CONTRACfOR/VENDOR'S TOTAL LIABILITY ~ AT ANY TIME FROM TIlE SALE OR USE OF THE EQUIPMENT SHALL NOT IDqCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT. THESE LnvfITATIONS APPLY WHETHER THE UABILITY IS BASED ON CONTRACT, TORT, SmCf LIABILTIY OR ANY OTHER TIiEORY. 13. WARRANTY. Subject to the following sentence, Contractor/Vendor warrants to County that the Equipment shall materially conform to the description in Contractor/Vendors Documentation and shall be free from defects in material and workmanship. The foregoing warranty shall not apply to any Equipment that is specified or otherwise demanded by County and is not manufactured or selected by Contractor/Vendor, as to which (i) Contractor/Vendor hereby assigns to County, to the extent assignable, any warranties made to Contractor/Vendor and (ii) Contractor/Vendor shall have no other liability to County under warranty, tort or any other legal theory, except. as provided for in Section 11 above. If County gives Contractor/Vendor prompt written notice of breach of this warranty within eighteen (18) months from delivery or one (1) year from equipment acceptance, whichever occurs first, except in the case of the vessel which is ten (10) years from date of delivery, (the "Wammty Period II), Contractor/Vendor shall, at its sole option and as County's sole remedy, repair or replace the subject parts or refund the purchase price therefore. Media is guaranteed for two (2) years. If Contractor/Vendor determines that any claimed breach is not, in fact, covered by this warranty, County shall pay Contractor/Vendor its then customary charges for any repair or replacement made by Contractor/Vendor. Contractor/Vendor's warranty is conditioned on County's (a) operating and maintaining the Equipment in accordance with Contractor/Vendor's instructions, (b) not making any unauthorized repairs or alterations, and (c) not.being in default of any payment obligation to Contractor/Vendor. Contractor/Vendor's warranty does not cover damage caused by chemical action or abrasive material, 05/01/2007 12:04 FAX Siemens "ater Technology f' misuse or improper installation (unless installed by Contractor/Vendolj). THE WARRANTIES SET FORTI! IN TInS SECTION ARE CONTRACTOR/VENDOR'S SOLE AND EXCLUSIVE WARRANTIFS AND ARE SUBJECT TO SEctION 12 ABOVE. SELLER MAKES NO OTHER W ARRANTIFS' OF ANY KIND, EXPREss OR IMPLIED, INCLUDING wrrnOUT LIMITATION, ANY WARRANTY OF MERCHANT ABILITY OR FITNESS FOR PURPOSE. 14. CONTRACT AD:MlNISTRATION. This Agreement shall be administered on behalf of the County by the Wastewater Collections Department. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim.: Contractor1s Proposal, Insurance Certificate, RFP #02-3350 Specifications and Addendum/ Addenda, Exhibit A - Supplemental Terms and Conditions, Exhibit B - Pricing, Exhibit C - Sample Work Order and Exhibit D - Sample Change Order~ 16. SUBlECf TO APPROPRIATION. It is further understood and agreed by andl between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBmON OF GIFTS TO COUNTY EMPLOYEES. No org~ation or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, finn, aneW or any employee of the finn from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm. for cause. 18. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful bidder/proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder/proposer. 05/01/2007 12:17 FAX SieIT'ens \'1Iat:er Tecnnolog;y ~UJ.'i1 U"'U , IN WITNESS WHEREOF, the Contractor and the County, have each,. respectivelly, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ~ First Witness Lori A. Adelman trype/ print witness name t [!s,:t:;i./.. qfff Robin L. Rogge trype/ print witness name t Approved as to form and l~&~~ I Assistant County Attorney i BOARD OF COUN1Y COMMISSIO~ COLLIER COUNTY, FLORIDA B_r~'>~ Frank Halas, a r . By: I' ,; Signature Richard Parker, Director of Sales Typed signature and title Dated: :J1t / J /", 2. 00 ~ 05/01/2007 12:08 FAX Siemens Water Technology {" EXHIBIT A SUPPLEMENTAL TERMS AND CONDmONS 1. This is a Purchase Agreement, as well as a Service Agreement, and codifies th~ standard of Biofilter Odor Control Units as approved by the Collier County Board pf County Commissioners on June 6, 2002, Agenda Item 16E2. The standard shall remain perpetual unless changed Of rescinded by the Collier County Board of County Commissibners. 2. It is acknowledged that technology for biofilter odor control units may ch.a.tlge in the future and prices for biofilter odor control units, media, and other accessories pther than those listed on Exlu"bit B hereto shall be negotiated between the parties. Prices on Exhibit B cover the first three (3) years of the contract. Costs for the fourth year of the contract shall be negotiated between the Contract Manager and the Contractor. 3. Individual purchases may be made on a blanket purchase order with work <1>rders for each purchase. Work Orders shall be in the form of Exhibit C. 4. Additional services may be requested and priced on a lump sum basis or an hourly basis as negotiated by the Contract Manager and the vendor. The Contractor will provide a proposal in writing for such additional services. 5. Equipment and services excluded from Contractor/Vendor's supply are: a. Civil work, foundation design a.."1d concrete pad for equipment b. Equipment package unloading and setting on pad c. ..AJ1 ducting, dampers, flexible connectors and duct supports from each odor source up to the ZABOCS system pad. d. Utilities connections to source and piping/conduit to ZABOS system pad (power, water, drain). e. Water supply and drain piping to pad, including backflow preventers, if required. Mechanical installation by Contractor/Vendor includes final on-site system assembly and general preparation of the system for operation. It does not include any concrete or utility tie-in work. 05/01/2007 12:!O FAX 5Jemens Water Technology I4J 016/020 EXHIBIT B PRICING - CONTRACT #()5-3350 [RENEWAL) Pricing valid from August 1, 2006 through July 31, 2009 as detailed below Description Model No. Current Year 1 Year 2 Ye.r3 Pricing Valid: 08/1106 Va/let. 0811107 Valid: ~811108 [expIres thru 07'31/07 thru 07/31/08 thru 07181/09 7131/06] I " 1,500 cfm Blofiltralion System ZB-800o $95.785 $98,659 $101,618 $1041007 1,000 cfm Biofiltratlon System 28-1000 $73,870 $76068 $78369 $80,~0 I' 850i cfm B!Oflltratlon System Z~OOO $65,750 $67,723 $69,754 $71,1347 500iCfm Bloflltralion System Zf3.S000 $43,835 $45,150 $46,505 $47,900 3~Olcfm Biofiltration System Z8-4000 $33,550 $34,557 $35,593 I $36,~61 $34,557 I' 250cfm Biofiltration System Z8-4000 $33,550 $35,593 $36,661 I I 140 'ct'm Blofiltratfon System ZB-42 $15,155 $15,610 $16,078 $16,560 r , 70 cfin Blofiltralion System 28-30 $7,580 $7,807 $8.042 $8,283 NOTE 1: NOTE 2: Prlclng for Year 1, 2 an~ 3 each reflect a 3% increase over the previous year's pricing. , USFilter wJU continue to provide a $500 credIt per unit off the above pricing for walvin!J ,of the odor panel testing (for Models Z8-4000 and larger). US Filter will continue to test each of these unIts with natural plant odors at start-up and perfonn HzS doping. 05/01/2007 12:11 FAX Sjemens Water Technolog~ {. EXHIBIT C WORK ORDER # To U.S. Filter Wastewater Group, Inc. d/b/a U.S. Filter RJ Environmental "Standardization of Biofilter Odor Control Units" Contract ~6~3350, Dated August 1, 2006 This Work Order is for the purchase field testing, inspection and start-up of a biofilter odo~ control unit, subject to the tenns and conditions of the Contract referenced above, for work known as:' Unit: Schedule of Work: Design submittals requirement is waived. Equipment to be delivered withirl13 weeks of ContractorNendor's receipt of work order or notification of release for fabrication. Compensation: In accordance with Exhibit B of the Agreement, the County will compensate the Firm as follows: $ Any change made' subsequent to final department approval will be considered an additional: service and charged according to an executed Change Order as enumerated in Exhibit 0 of the Agreement. PREPARED BY: Kevin Rafferty, Odor Control Specialist Date APPROVED BY: George Yilmazj Wastewater Director Date U.S. Filter Wastewater Group, Inc. d/b/a U.S. Filter RJ Environmental ACCEPTED BY: Date Printed Name and Title 05/01/2007 12:12 FAX Siemens Water Technology 141 018/020 EXHIBIT D TO: Name of Firm Finn Address CHANGE 'ORDER TO WORKORDER # FROM: County Department Address Project Name: Contract #06-3350 Work Order Dated: Change Order No.: Change Order Description: Project No. Work Order No. Date: This change order is to ? Change time, change price, change tasks? i' I 1 I I Original agreement amount . ...................... ....... .... ............ ............. ...$00 This Change Order No.1 Amount (add or subtract) ........................$00 Revised. Agreement AlIIOllnt .............................................................. SOO Original contract time in calendar days.. ....... ........... ....... ...... .......... .........0 days i Adjusted number of calendar days due to previous change orders..... . ........ .......~ days This change order adjusted time is...........................................................O days ' Revised. Contract Time in working days..... . . ............ .. ... . ..... . . . '" . .......... ..0 days i I . Original Notice t~ ~oceed date. ............................................ Month, Day, Year Completion date based on ongmal contract time ........................ Month, Day, Year . Revised completion date due to change order(s)......................... Month, Day, Year , i Your acceptance of this change order shall constitute a modification to our Agreement ~d will be performed subject to all the same terms and conditions as contained in said Agreementl ~ndicated above, as fully as if the same were repeated in this acceptance. The adjustmen4 to this Agree~ent shall constitute a full and final settlement of any and all claims arising out of, or related to, the qhange set forth herein. including claims for impact and delay costs. ' Prepared by: Name, Project Manager Department Name Date: Accepted by: Finn Signature Firm Name Date: Approved by: Department Director Department Date: 10 05/01/2007 12:14 FAX Siemens Water Technology l4101(j.O:![) . Mar.sh, Ine. 7/7/2008 11:35 AM PAGE 2/002 Eastern Time Zone ACDBD... - -- - - - - - - . - -- - - . - I . DA'I1l (IIM/DD/'I'Y) 07107/06 THIS CERTlPICATS 18 ISSUED AS A MAlTER 0'1 INFORMATION ONLY AND CONFERS NO RIGHTS UPON THI' CERTIFICATE HOLDER. THII CERTIFICATE DOES NOT AMEN , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLl IE8 BELOW. COMPANIES AFFORDING COViiRAGI5 PRClDOeEll MARSH USA INC. 4"'1 WHIP~ANY ROAD P.O. BOX 1965 MORRISTOWN, NJ 07982-1966 1 DOt29-USFC-05.Q6 lIUUlIED WWG ><XXX c:oMPlWY A PRAETORIAN INSURANCE COMPANY COMPANY B UBERlY MU1\SAL FIRE INSURANCE COMPA~Y OCJMP#N'( C LIBERiY MUTUAL INSURANCE COMPANY CClMI'IW.,.. D SIEMENB CORPORAllON INCLUDING: USFIL TERlWASTEWATER GROUPJNC. D/B/A USFIL TERlRJ ENVlRONMEN I:AL 17011I000 AVENUE SOUTH ISEUN, NJ 08830 lHlS IS TO CER11PY lHAT 'I1ie POJOES a: INSJRANCI!! USlED BELOW HIM! BEEN l&SUeD TO 1HE INSURED NAIlED AaOII! FOR THE eN PeRlCD INCtCA1ED, NcmMiHlmWDING ANY REOJIREIIIi!NT, 1l!RII CR CCNOIllCN Of' ANY CCJlJTRACT CR O1MER DOaJMENT WIlW RESPECT rro WHICH iHlS CER1lFlCAlC MAY BE ISSUED CR MAY PERTAIN, THE INSURANCE AFFORDED 8V iHE PC1Ioes OEsmlBED HEREIN IS SUs.ECT TO ALl 'THE "TERMS. EXQ.USlQ\lS AND ca.lDlllCIIS a: SUai POUaES. AGGREGA1E UMTS SHa./IH MAV HAVE BEEN REDUCED BV PAlD a.AlMS. . co lYPE OF "'URllN.CE PI1ICr 1I0JlllEIl PI1ICr EffEC1IVI: POUCY EXPlRATlDII UMlT8 L'11l DATE (Il.lDD/TY') DATE (IUlIUClI'rY) A CJEIIElUll. UQlU1't ICH GL 132-05 10/0t/OS 1010tl06 $ 7.500,000 X CXWM!RClIC.. GI!!lN!ftAl.. UMllIlY $ INCL Cl..f>lMShlAOI! [K] OOCUR $ 1,000,000 QMIBl'9 & CONTlVCI'~PRar S t ,000,000 $ 1,000,000 $ 1 00,000 B .lWTl)1I0llll..E LIASMlY AS 2.&1.Q04334-125 10/0t/OS 10/01/06 COMIINED SNGLE LIMIT S 5,000,000 X IN( JUTO X I'IU. o.r.1\IEl .euTOS BODILY IN.uRV $ NIA SQo4EtJUlEO AlJTOS (1".. poIOCI') X HIRED AUTOS BlXllL Y INJURY $ N/A X NClN-ONNS) IWTOS (prr...ndfn/) PR cPERiY DIIMJIG = $ N/A lWtADE LlABI.JlY AUTO ONLY -E:AAOCIOEIn' NlY IUTO aJHI!R. n-iNl ~ONLr. eACH ACCIDENT AaeltI!(JAT! EXCEllIl.WnIlY E~ OOCUMI!NC2 UMBRB..LA FORM AOOREGA!E C ~7-83D.o~16 (ADS) 10/01/OS 10/01(06 X TORY UMI C WC7-6St .Q04334.025 10/0t/05 10/01/06 EJ\Q-l NXIcerr 'mE PROPRETCRI X INC'l (OR & WI) DlseAE .PQ.ICl' UMIT P~\e OFFIa;RB Me: exa. DISEASE .E~ IiMl"lOYEE DEIGIIIIPTIIIH or oPERAnDHu.ocaTJaN8IVEHU:U;I/.vECUll.I1EM. RE: RENEWAL AGREEMENT 110&335O / STANDARDlZA1l0N OF BIOFIL lER ODOR CO NTROL UNITS COLUER COUNlY GOVERNMENT IS HEREBY ADDI110NAL INSURED AS QBlIl3ATED UNDER CONTRACT. .sUCH INSURANCE AS IS AFFORDED BY iHE AODmONAL INSURED ENDORSEMENT SHAll. APPL Y AS PRIMARY INSURANCE. & OTHER INSURANCE MAINTAINED BY THE. CERTIFICATE HOLDER SHALL BE EXCESS ON1.Y & NOT CONTRIBU1lNG Willi I~SURANCE PROVIDED UNDER lHlS POUCY. COLUER COUNlY GOVERNMENT pURCHASING BUILDING ATTN: MS. LYN WOOD, PURCHASING OEPARlMENT 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 BNOUl.D /IJ/('( OF 'litE ,11II01/& DElCRIBIiD POUClEIl IIIi CAllCELJ.ED IlEFllllE 1lfi; EXPIlATJaN DA1!! lHEREO~. TtlE IUlllUUICIE CClIIPAICY WLL ~~ NAI~ ..!!.- DAV.I WRlnEN NOTlCE,om lHE CERlFlC4'lE KOLDElI NAMED TO THE LEFT, ~~~1AMfllliI(_~ ~~ E.:~~u<,,: .t..~,:'" '".::.~.:~I.;.:J.::;~.i::;,~ ..,,~~..;.';;"':..,';':;i:';"~'~~~:"li: ," ,,,. ~.~~ ~~,~~':".=.,;:;:;,:w~~wi.;.~~..: ':;:7:::.:;.:":~u;;;:~~".:2;~~; :'":''';:':;=';'~':::~'U';':':ill'''''~ .:.:=,L.: ,':.:,! :."; ,,;.';,~.r:.;~ AlJ'ntOR IUD REPlI& iii N TATlVE Ria, 0'0 ann or ~llK ~,~ Ilr". 05/01/2007 12:1~ FAX Siemens Water Technology I4J 020/020 u.s. FILTER WASTEWATER GROUP, INC. OFFICER'S CERTIFICATE I, Deborah M. NewellJ Vice President & Assistant Secretary of U.S. Filttr Wastewater Group, Inc., a Delaware corporation (the "Corporation") whose busiD~~ includes USFilter, RJ Bnvironmental Products ("RJE"), do hereby certify on behalf of thIe Corporation that Rick Parker has full power and authority to execute and deliver on beha!f of the Corporation all bids, proposals and purchase and sales contracts and all relate4 ancillary agreements, documents and instruments (collectively, "Contracts") that do n~t exceed $750,000.00. I IN WITNESS WHEREOF, the undersigned has executed this Certificate on tlle /Oon, day of .:ru J':1 I 20 D f.t, , . I ~~hJ>(~ ~.~: ..... Deborah M. Newell i Vice President & Assistant Secretary sc.... .....\.... '.Y.. 0 ". ' G:. --,_. . .. -. ~ , .-. -. \. { . , ISJI~.. /; o /" j. ~ '-"'~ ~ l'-ON VI.-CONSENT AGENDA ITEM B.8. 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 Meeting Dates in to City Clerk's Office 0 April!7,2007 April 2, 2007 (Noon.) ~ June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April!6,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30,2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14, 2007 (Noon) 0 August 7,2007 July !6, 2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: A motion to award a contract and execute a resolution for RFP#037-2821-07/CJD, "SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES" to DcR Engineering, Inc. of Lakeland, Florida. Estimated expenditure is S2m-$2.5m over a two (2) year period. EXPLANATION: On March 21, 2007, Procurement Services opened and tabulated five (5) proposals to our RFP for SCADA ANP.J TELEMETRY SYSTEM GOODS AND SERVICES". An evaluation committee was formed and comprised of: Pet~azz,e!I~: Deputy Director of Utilities, Jeff Livergood, Public Works Director, Chris Roschek, Engineering Division Manager, TeRiy Ro~e;': Systems Administrator; and Famous Woods, Network Administrator for the purpose of reviewing proposals and reco~nding~ SCADA and Telemetry company to provide Supervisory Control and Data Acquisition (SCADA) system and Telemetr1 syste.l!i.~ services. On April 18, 2007, the committee members met after the scores were tabulated, and as indicated on thelattache(F spreadsheets, their scores consistently identified three (3) top ranking firms to form a short list. The short listed firms (from hightQ: low score), included: DcR Engineering Services, Inc., Data Flow Systems, Inc., and Integrated Telecommunication~ystems::: Presentations were made by the short listed firms on May 11, 2007, and the evaluation committee members reconfirmed iIle init~aF ranking based on the RFP criteria. _ . U1 c) '..:: PROGRAM IMP ACT: The purpose of this RFP was to seek the services of an independent company to provide SCM'tA anU:~ Telemetry System Goods and Services for the Utilities Department. .--- FISCAL IMPACT: Utilities CIP account and project numbers for WTR, STM, and SWR will be identified as individual scopes of work are developed. Expenditures are estimated at $2m - $2.5m over a two (2) year period. AL TERNA TIVES: Telemetry is used in three areas, Wells, Lift Stations and Remote Water Storage. Failure of the systems will result in either loss of feed water to the treatment plants, sanitary sewer overflows or problems in the water distribution system. The current SCADA software is no longer sold and support is going to be withdrawn. The existing PLC's are no longer manufact will no longer be supported by the original equipment manufacturer (OEM). City Manager's Signature Procurement Services City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Michael Low - Utilities Karen Riseley - Contract Administrator File -r-;s:J A~, -- 1 2 3 4 :11 7 I 8 9 10 11 12 13 14 i 15 RESOLUTION NO. R07- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD AND EXECUTION BY THE CITY MANAGER AND CITY CLERK OF A CONTRACT TO DcR ENGINEERING, INC., OF LAKE LAND, FLORIDA FOR SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES IN THE ESTIMATED AMOUNT OF $2M - $2.5M OVER A TWO YEAR PERIOD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 21, 2007, Procurement Services opened and tabulated five (5) proposals to RFP#037-282l-07/CJD for SCADA and Telemetry System Goods and 16 1711 Services; and WHEREAS, an evaluation committee was formed for the purpose of reviewing 18 proposals and recommending a company to provide Supervisory Control and Data ! , 19 Acquisition system and Telemetry system services; and 20 2111 221 231 i 241 25\ WHEREAS, after review and evaluation it has been determined appropriate by staff to recommend award of this contract to DcR Engineering, Inc., of Lakeland, Florida whose proposal was overall responsive and responsible proposer; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize execution of a contract to DcR Engineering, Inc.. for 26 RFP#037-282l-07/CJD, in the approximate amount of $2m - $2.5111 for SCADA and 27 Telemetry System goods and services. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Bld Awards'\Award Contract to OCR for S::::ada TelefTletry,doc Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does 4 5 hereby authorize and direct the approval and execution by the City Manager and City Clerk 6 of a contract to DcR Engineering, Inc., for RFP#037-2821-07/CJD, in the approximate 7 amount of $2m - $2.5m for SCADA and Telemetry System goods and services, a copy of 8 which is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. 9 10 PASSED AND ADOPTED this _ day of June, 2007. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: 29 30 31 Janet Prainito, City Clerk 32 33 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CA\RESOlAgreements\Bid AwardslAward Contract to DCR for Scada Telemetry.doc The City of Boynton Beach Utllities Department 124 East r:Voolbright Road Boynton Beach. Florida 33436 Office: (561) 742-6400 FA)(: (561) 742'6298 Website:www.ci.boynton-beach.fJ.us Utilities Memo #07 -7 6 TO: Bill Mummert, Finance Director DATE: May 18, 2007 . I Kofi Boateng, Utilities Director U--~ , ~; A '\;~,~(~ ,= ,In ' ~ ~;ol,~_ - 'L.-._- ) FROM: THROUGH: Michael Low, Deputy Utilities Director SUBJECT: A ward Recommendation Request for Proposal (RFP) #037 -2821-07 /CJD SCADA and Telemetry System Goods and Services The RFP referenced above was issued on February 5, 2007 requesting responses from qualified and experienced firms to provide Supervisory Control and Data Acquisition (SCADA) system and telemetry system services. l\n evaluation conunittee \vas selected to review the submittals and determine the most responsive, responsible qualifier who could meet all criteria outlined in the request, and whose proposal would be in the best interest ofthe City. The evaluation committee included Jeff Livergood, Public Works Director; Pete Mazzella, Deputy Utilities Director; Chris Roschek, Engineering Division Manager: Terrence Rowe, Systems Administrator; and Famous Woods, Network Administrator. A Pre-Submittal Meeting was held February 21,2007 providing an opportunity for interested firms to ask questions and receive clarification if needed. A site inspection was requested during the meeting and took place on March 14, 2007; the participants visited both ofthe city's water treatment plants and several lift stations to demonstrate the telemetry system currently in place. Five (5) submittals for the RFP were opened by Procurement Services on March 21. 2007. The evaluation committee members scored all five (5) proposals independently based on criteria in the RFP document. On April 18, the committee members met after the scores were tabulated, and as indicated on the attached spreadsheets, their scores consistently identified three (3) top ranking firms to form a short list. The short listed firms (from high to low score), included: . DcR Engineering Services, Inc. . Data Flow Systems, Inc. . Integrated Telecommunication Systems America's Gateway to the Gulfstream The City of Boynton Beach Utilities Department 124 East Woolbright Road Boynton Beach, Florida 33435 Oflice: (561) 742-6400 FAX' (561) 742-6298 Website:www.dboynton-beach.n.us Presentations were made by the short listed firms on May 11 th and the evaluation committee members reconfirmed the initial ranking. The Utilities Department recommends DcR Engineering Services, Inc. for award of the Request for Proposal. bc: Pete Mazzella, Deputy Utilities Director File 2 *M.o~t re;;ports!~l resj;W~~.ibl .g!l.alifier who meets all criteria and whose proposal is in the best interest of the City. \ , Ar. I.. "v' ,..,-:: _/ I -ko~ i (~N't~f'i~,j (1 ~n~pl.l.t.y Utilities Director REQUEST FOR PROPOSAL FOR SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES RFP OPENING DATE: MARCH 21,2007 RFP OPENING TIME: 2:30 P.M. RFP #037-2821-07/CJD "Offers from the yendors listed herein are the only offers receiyed timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" ** VENDORS OCR ENGINEERING SERVICES,I~~C DATA FLOW SYSTEMS INC. INTEGRATED TELECOMMUNICATION SYSTEMS P.O. BOX 935 605 N. JOHN RODES BLVD. 1971 W LUMSDEN RD. #328 MULBERRY, FL 33860 MELBOURNE, FL 32934 BRANDON, FL 33511 PHONE: (863) 428-8080 PHONE: (321) 259-5009 PHONE: (813) 684-7360 FAX (863) 428-8036 FAX: (321) 259-4006 FAX:(813) 283-0011 CONTACT TODD BREDBENNER CONTACT: DAVID WALKER CO NT ACT: MARC A. BRAUER ACKNOWLEDGEMENT OF ADDENDUM # 1 SUBMITTED YES YES YES ACKNOWLEDGEMENT OF ADDENDUM #2 SUBMITTED YES YES YES ONE ORIGINAL AND SEVEN (7) COPIES SUBMITTED YES ONE ORIGINAL AND FIVE COPIES YES CHAPTERS 1. LETTER OF INTEREST YES YES YES 2. ACHIEVEMENT OF CITY'S GOAL YES YES YES - 3. QUALIFICATIONS OF FIRM YES YES YES 4. FINANCIAL RESPONSIBILITIES YES YES YES 5. SPECIFIC EXPERIENCE YES YES YES 6. QUALIFICATIONS OF PROJECT TEAM YES YES YES 7. KEY PROJECT MEMBER RESUMES YES YES YES 8. CURRENT/PROJECTED WORKLOAD YES YES YES 9. REFERENCES YES YES YES 10. LICENSES YES YES YES 11. LIABILITY INSURANCE YES YES YES/NOT ON OUR FORM - 12 SUPPLEMENTAL INFORMATION ---,-,,'--'- YES YES YES ----..---, YES YES YES 13. PROPOSAL ~-_._.,_..--, - - 14. PROCUREMENT DOCUMENTS YES YES YES ~-,-_.,- ----------..---. Sheet. 2 F- ~',"" 1 SCADA T ABULJ\ TIO" ~rlEETS *tJI9st 'po sive, rp-~~..sible qualifier who meets all criteria and Whl ~ " '-\.." - -J'~ Michael Low, ,. l 'tr- \ (7[* ~ ~ . Deputy.utilities Director REQUEST FOR PROPOSAL FOR SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES proposal is in the best interest of the City. RFP OPENING DATE: MARCH 21,2007 RFP OPENING TIME: 2:30 P.M. RFP #037-2821-07/CJD "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" ** VENDORS OCR ENGINEERING SERVICES,INC DATA FLOW SYSTEMS INC. INTEGRATED TELECOMMUNICATION SYSTEMS P.O. BOX 935 605 N. JOHN RODES BLVD. 1971 W. LUMSDEN RD. #328 MULBERRY, FL 33860 MELBOURNE, FL 32934 BRANDON, FL 33511 PHONE: (863) 428-8080 PHONE: (321) 259-5009 PHONE: (813) 684-7360 FAX. (863) 428-8036 FAX.: (321) 259-4006 FAX.:(813) 283-0011 CONTACT: TODD BREDBENNER CONTACT: DAVID WALKER CONTACT: MARC A. BRAUER Qualifier Acknowledgement YES YES NO Anti-Kickback Affidavit YES YES YES Noncollusion Affifdavit of Prime Qualifier YES YES YES Confirmation of Minority Owned Business YES/NOT A MINORITY YES/NOT A MINORITY YES/NOT A MINORITY OWNED BUSINESS OWNED BUSINESS OWNDED BUSINESS Confirmation of Drug-Free Workplace YES YES YES Schedule of Sub-Consultants YES YES YES Statement of Non-Submittal (if applicable) COMMENTS Sheet 1 of 2 Page 2 SCADA TABULATION SHEETS REQUEST FOR PROPOSAL FOR 'fSCADA AND TELEMETRY SYSTEM GOODS ANl)ii~:~RVICES FOR THE CITY OE+BOYNTON BEACH" #037-2821-07/CJD PRE-SUBMITTAL CONFERENCE FEBRUARY 21, 2007 AT 10:00 A.M. EOCMEETING ROOM 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL OPENING DATE: MARCH 14,2007 RFP OPENING TIME: 2:30 P.M. (LOCAL TIME) CONFERENCE ROOM "B" CITY HALL The City of Boynton Beach PROCUREJlIENT SERVICE'S 100 E. BO YNTON BEA CN BOULEVARD P.O. BOX:JJO EO YNTON BEA CH, FLORIDA 3342.'5- 0310 TELEPHONE NO: (561) 742-6320 FAX: (561) 742-6306 REQUEST FOR PROPOSAL INVITATION FOR SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES FOR THE CITY OF BOYNTON BEACH RFP # 037-2821-07/CJD Sealed RFP'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: MARCH 14.2007. No Later Than 2:30 P.M. (Local Time). RFP's will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated All RFP's received will be publicly opened and recorded for acknowledgement of receipt. RFP's received after the assigned date and time 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 RFP can be considered. The City reserves the right to consider RFP's that have been determined by the City to be received late due to mishandling by the City after receipt of the RFP and no award has been made. A Pre-Submittal Conference is scheduled for FEBRUARY 21.2007 at 10:00 A.M. (local time). to be held in the EOC Meetine Room located at: 124 E. Woolbri2ht Road. Bovnton Beach. Florida. Attendance is highly recommended and verification of attendance will be indicated by the Respondent'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 RFP should be directed to Carol Doppler, CPPB, Sf. Buyer (561) 742-6323. America's Gateway to the Gulfstream The following language is made a part of and is to be included m the specifications hereto attached: SCOPE OF SERVICES: The City of Boynton Beach is issuing a Request for Proposal for qualified and experienced firms to provide Supervisory Control and Data Acquisition (SCADA) system and telemetry system services. The successful individual or firm will be one that is able to demonstrate their skills and knowledge in the application of automated process control elements and systems as may be found in the water and wastewater industry. It is anticipated that the scope of services will be performed progressively and individual task orders will be prepared based on current and future needs as the project moves forward. The firm will work closely with the City Utility's Operations, Maintenance, and Engineering divisions to deliver a wide array of services that may include, but are not limited to correcting operational problems; retrofitting portions of conventional analog-based or hard-wired control systems; expanding the existing SCADA system; and maintenance of the SCADA system. Individuals or firms are invited to submit a Letter of Interest for SCADA and telemetry services tied to the development, operation and maintenance of the City of Boynton Beach Utilities Department in addition to all required information within the Request for Proposal. A more comprehensive description of the Scope of Services is described within the complete set of RFP documents. Request for Proposal Invitation Page 3 ATTENTION ALL INTERESTED RESPONDENTS: Due to the expense in mailing, complete sets of RFP documents and specifications are available for pick-up or will be mailed to your office upon request. RFP documents and specifications are also available online through DemandStar by Onvia at: www.demandstar.com. Contact: CITY OF BOYNTON BEACH AUn: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 (561) 742-6323 - Carol Doppler, CPPB, Sr. Buyer Office Hours: MONDAY - FRIDAY, 8:00 A.M. TO 5:00 P.M. CITY OF BOYNTON BEACH BY .--..... - - -::;0 _ _ - - -.,.io ---=:::-"'- ~~.. "- ~-"...;- .... ._or .__ BOBBY JENKINS DEPUTY DIRECTOR OF FINANCIAL SERVICES Request for Proposal Invitation Page 4 REQUEST FOR PROPOSAL SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES TABLE OF CONTENTS Section 1 - RFP Submittal Information......................................................... 1 - 2 Section 2 - Scope of Services ........................................................................3 - 4 Section 3 - Selection Criteria and Technical Submittal Information ............5 - 12 Table I - Weighting Score Sheet .......................................................7- 8 Section 4 - Additional Data Required ...........................................................13 Section 5 - General Information.................................................................. ..13 - 21 General Conditions for Respondents............................................... ..15 - 19 Special Conditions for Respondents................................................ ..20 Insurance Advisory Form - Attachment' A' .................................... ..21 .t~ppelldix ".I.~'L' ............ ..... .... ,. ,.... ..... ...... ,.. ......... ..... ........... ..... ... ........ ,. ... ....... .22 Respondent's Acknowledgement.......................................................23 Addenda Acknowledgement ....... ..... ............................ ...... ............... .24 Proposal for Goods and Services....................................................... 2 5 - 33 Summary Table of Proj ect Experience............................................. .34 Anti Kickback Affidavit.. ......... ........................................................ .35 Noncollusion Affidavit of Respondent............................................. .36 Confirmation of Minority Owned Business.. ..37 Confirmation of Drug-Free Workplace..............................................3 8 Schedule of Sub-Consultants/Contractors........................................ .39 Statement of Non-Submittal ............... ................ ............... .............. ..40 Appendix 'B' - Sample Agreement...............................................................CA-1 - CA-4 Exhibit' A' .. ........... ............. ................................... ........................... .Scope of Services TABLE OF CONTENTS Request for Proposal "SCADA and Telemetry System Goods and Services" The City of Boynton Beach PROCURE.lIfENT SERVICE'....., 100 E. BO YN'l.'ON BEA CIl BOULEVARD P.O. BOX 310 BO YNTON BEA CN, FLORIDA .'38425- 0310 TELRPIlONE NO: (56]) 742-(1320 F~AX: (561) 742-(1.'30(1 REQUEST FOR PROPOSALS FROM RESPONDENTS FOR SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES FOR THE CITY OF BOYNTON BEACH RFP #037-2821-07/CJD Section 1 - RFP Submittal Information A. The City of Boynton Beach will receive RFP responses until 2007, at 2:30 P.M. (LOCAL TIME) in Procurement Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, to provide the City with specified technical services for SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the respondent to have their RFP submittal delivered to Procurement Services for receipt on or before the above stated time and date. It is recommended that submittals be sent by an overnight air courier service or some other method that creates proof of submittal. RFP 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 their return at the respondent'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 RFP and prior to the award being made. 1 C. The RFP's will be publicly opened and recorded for acknowledgement of receipt in Procurement Services after the designated due date, on ,2007 no later than 2:30 P.M. (local time). All respondents or their representatives are invited to be present. Procurement Services is located on the second floor of City Hall, 100 E. Boynton Beach Boulevard. D. A pre-submittal conference will be held on , 2007 at 10:00 A.M. (LOCAL TIME) in the EOC Meetin2 Room located at: 124 E. Woolbri2ht Road, Boynton Beach to answer questions pertaining to this Request for Proposal. All respondents are highly recommended to attend this conference. E. If any addendum(a) are issued to this Request for Proposal, the City will attempt to notify all prospective respondents who have secured same; however, it shall be the responsibility of each respondent. prior to submitting the RFP response, to contact the City Procurement Services at (561) 742-6323 to determine if any addendum(a) were issued and to make any addendum acknowledgements as part of their RFP response. F. One (1) ori2inal, so marked. and seyen (7) copies, of the RFP response shall be submitted in one sealed package clearly marked on the outside "RFP FOR SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES FOR THE CITY OF BOYNTON BEACH", and addressed to: City of Boynton Beach, Procurement Services. P.O. Box 310, Boynton Beach, FL 33425-0310. G. Responses shall clearly indicate the Ie al name address and tele hone number of the respondent (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the respondent to the submitted RFP. Respondents must note their Federall.D. number on their RFP submittal. H. All expenses for making RFP responses to the City are to be borne by the respondent. 1. A sample draft contract that the City intends to execute with the successful firm is contained in this Request for Proposal 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 Section 2 of this Request for Proposal. J. Respondents may request information and interpretation of the technical specifications in writing from Michael Low. P.E.. Deputv Utilities Director, (561) 742-6403, 124 East Woolbri2ht Road. Boynton Beach. FL~ lowm(a).ci.bovnton-beach.fl.us or from Procurement Services. To be considered, such a request shall be received at least ten (10) days prior to the time fixed for the opening of submittals. The respondent shall be bound by the specifications and any and all interpretations and supplemental instructions issued in the form of a written addendum. :! Section 2 - Scope of Services A. Background The City of Boynton Beach, Florida (City) provides, Water, Wastewater, and Stormwater services through the Utilities Department. Water and wastewater services are provided to an area about twice the size of the City that includes Ocean Ridge, Briny Breezes, Village of Golf (wastewater part only), part of Hypoluxo and an unincorporated part of Palm Beach County. Stormwater services are provided only within the City limits. The utility system includes: Two well fields; two water treatment plants (one 19.2 MGD lime softening and one 8.5 MGD low pressure membrane softening plus 1.6 MGD blending); two aquifer storage and recovery wells; one Class I deep injection well for disposal of membrane concentrate water; a sewage collection and transmission system with approximately 160 wastewater lift stations and the associated water distribution and wastewater collection piping systems; and, stormwater swales and a stormwater collection and disposal system. B. Goal The City of Boynton Beach has recently adopted a plan for the future of its water supply and associated facilities, including water distribution, wastewater collection and pumping, stormwater handling and water reuse. The Utility has recognized that its current Manufacturing Execution Systems, including SCADA, Telemetry, Maintenance Management and Laboratory Information Management need to be expanded and updated to ensure proper stewardship of its facilities. These developments are being designed to ultimately fit into an overall Asset Management strategy and as such are being designed around an open system architecture. The goal of this RFP is to find a strategic partner with the requisite skills to work with the Utility on its current and future needs in this area. C. Scope of Services The Scope of Services is the means by which the Goal is to be evaluated and addressed. This list may not be all encompassing, and any additional specific means must be approved in advance. It is expected that all coordination of activities will be conducted through the Department's assigned liaison(s). Information and/or work documents, obtained through this Scope of Services, shall be distributed only through the Department as deemed appropriate. 1. Upgrading and integration of the current (4) SCADA systems for the water treatment plants, well fields and lift stations into a single system incorporating the chosen Trihedral VTSCADA software. Included in this will be a Process Data Historian with user definable data search capability and connectivity to any potential future Asset Management System. 3 2. Installing new or retrofitting existing remote location telemetry and control systems utilizing Motorola MOSCADTM PLC's or EQUIVALENT, and associated radio communication equipment, base stations and connections to the plant SCADA system. 3. Retrofitting portions of conventional analog based or hard-wired control systems currently in place to interface with the proscribed SCADA system. Modifications of all hardware. software and ancillary devices involved in such retrofit activities will be the sole responsibility of the respondent. The selected firm must demonstrate its familiarity with and ability to perform such tasks. 4. Expanding the SCADA system to include monitoring and/or control of additional equipment. including equipment or processes not currently automated by any existing SCADA system. 5. Installing new or retrofitting existing PLC's according to any prevalent standard, including any hardware installation issues up to and including any measurement or control device, and any associated programming. 6. Assist in troubleshooting any potentially faulty hardware, software, telemetry or associated systems, and correcting any identified faults. 7. Assisting in, or undertaking, the design and installation of any Manufacturing Execution System infrastructure including any hardware, software, control panels, wiring, instrumentation and any other related or associated systems. 8. Assist in the preparation and ongoing maintenance of all appropriate standards including those associated with Programming, System Security, HMI, hardware, software and telemetry. 4 Section 3 - Selection Criteria and Technical Submittal Information A. Request for Proposal Requirements The City staff will review all RFP responses and evaluate the proposals based upon the following criteria; and respondents shall provide, as a minimum, the information listed under each criterion. Failure to provide adequate information listed on any criterion may result in rejection of the proposal as non-responsive. Specifically, criteria for selection will be based upon demonstrable experience for the Scope of Service and Proposal. Table I - Weighting Score Sheet, Pages 7-8, will be used by City staff to score the proposals. Responses shall be evaluated by a selection committee based on all submitted information. Following the evaluations, a short list will be developed; and, the proposers named on the short list will be required to prepare a presentation and participate in an interview conducted by the selection committee. Appointments will be scheduled on dates and times mutually agreeable to all parties approximately twenty (20) days after the RFP's are publicly opened. The original and all seven (7) copies of submittal shall be secured in a tabbed booklet with a table of contents. Booklets shall be no larger than a 1 y;" three-ring binder, or equivalent and be presented in the following order: 1. Chapter One - Letter of Interest 2. Chapter Two - Achievement of City's Goal 3. Chapter Three - Qualifications of the Firm 4. Chapter Four - Financial Responsibility 5. Chapter Five - Specific Experience a. Summary Table of Project Experience 6. Chapter Six - Qualifications of Project Team, Engineering, Technical and Special Resource providers (key proj ect members) a. Organizational Chart b. Biosketches 7. Chapter Seven - Key Project Member Resumes 8. Chapter Eight - Current and Projected Workload 9. Chapter Nine - References 10. Chapter Ten - Licenses 11. Chapter Eleven - Proof of Professional Liability Insurance 12. Chapter Twelve - Other Supplemental Information 13. Chapter Thirteen - Proposal for Goods and Services 5 14. Chapter Fourteen - Forms Required by Procurement Services a. Qualifier Acknowledgement b. Addenda c. Anti-Kickback Affidavit d. Noncollusion Affidavit of Prime Qualifier e. Confirmation of Minority Owned Business f. Confirmation of Drug-Free Workplace g. Schedule of Sub-Consultants h. Statement of Non-Submittal (if applicable) 6 TABLE I - WEIGHTING SCORE SHEET RFP #037-2821-07/CJD NAME OF RESPONDENT: RESPONDENT'S ADDRESS: NAME OF RFP: SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES FOR THE CITY OF BOYNTON BEACH 2 = Below 4 = Above Weighting 1 = Poor Avera e 3 = Average Avera e 5 = Excellent Completeness of Submittal Achievement of City's Goal Conceptual Approach Short Term Concept Long Term Concept Overall Content General qualifications of firm Financial stability of firm Location of firm and local staffing levels for res onsiveness to meet needs Professional personnel qualifications of "key ro'ect members": Organizational chart Biosketches Resumes Staffing tenure 5.0 5.0 5.0 5.0 5.0 10.0 2.5 10.0 2.0 2.0 2.0 6.0 7 TABLE I - WEIGHTING SCORE SHEET RFP #037-2821-07/CJD State of Florida Local Project Expcrience Innovative Design___u~_____. Timcly D~velopmen~ Engineer's Estimate/Fi nal Cost Contract Perfonnancc _..~ ._-_.^~-~~--- Client Satisfaction Proposal for Goods and Services Sec._I_ Personnel Hourly Rates Sec. 2___ Telemetry Hardware __ Sec. 3 _~~~~J:l_Control~ystc~l_~ Workloads, current and projected that will im ac~_scope:______~___ Finn 2.0 ------------_.----- 2.0 --------- 2.0 -------- 2.0 ---_.---------- 2.0 5.0 7..5 5.0 TOTAL SCORE 100 A criteria wcighting score sheet will be completed by all evaluation committee members for each submittal. Scores will be tabulated to determine a ranking. R B. Technical Submittal Information 1. Letter of Interest The Letter of Interest shall be a maximum of two (2) pages that summarizes the respondent's primary qualifications and firm commitment to provide all necessary resources to fulfill this request for goods and services. The Letter of Interest shall be signed by the respondent or person authorized to bind the respondent to the submitted RFP. 2. Achievement of City's Goal Describe, in detail, a conceptual approach to achieve the City's Goal as stated under Section 2 - Scope of Services, B. Goal, Page 3. The conceptual approach should include, as a minimum, the Firm's adequacy to achieve both a short and long term objective. 3. Qualifications of the Respondent Provide an overview of the respondent's qualifications to provide goods and services requested by the RFP including: a) Corporate headquarters for the Firm b) History of the Firm including the number of years performing services defined in the Scope of Services c) General qualifications and summary of projects in providing services defined in the Scope of Services d) Number and summary by discipline of employees, both on a firm wide and State of Florida basis e) Descriptions of quality assurance/quality control management method f) Descriptions of policies and methods for project monitoring and budgeting control as well as adherence to project schedule g) Specific descriptions of project management and QNQC efforts The information described above shall be provided for all sub-consultant firms that may be assigned more than five (5%) percent of the work. 9 3. Financial Responsibility Provide proof of the financial stability, responsibility, and resources of the Fiml as it relates to the Firm's ability to devote the necessary resources to the project. Financial information to be provided shall include the following items: a) Form of business b) Number of years in business c) List previous names used by the Firm in the last five (5) years d) Bank reference e) Credit ratings f) A list of all lawsuits in which the Fiml has been named as a party in the past four (4) years. g) Other information the respondent may desire to supply to further verifv financial responsibility of the Fiml 4. Specific Experience Provide specific experience in performing services named 111 the Scope of Services, including any miscellaneous services related to this RFP. a) Using the Summary Table of Applicable Project Experience f01111 provided on Page 34 of the RFP documents, provide a description of up to five (5) Florida based projects in the last three (3) years that the respondent believes best characterize their performance in the Scope of Service. In addition to the information required on the Summary Table of Applicable Project Experience, on a separate sheet of paper provide the name, address, and telephone number of the key project members named on the projects listed. Respondents are encouraged to include graphics such as pictures or supply supplemental information to illustrate key aspects of these projects. This form may be duplicated as needed and reproduced in an 11" X 17" format to facilitate data entry. 5. Qualifications of Project Team (key project members) and availability of specialty resources. Provide an overview of the qualifications of the specific project team to be provided by the Firm to perform the requested services including: 10 a) An organizational chart that clearly defines the lines of authority and specifically lists the Client Service Manager, Project Manager, and primary Project Professional. These project team members are hereafter referenced as "key project members". Sub- consultant firms and key personnel from these firms shall be clearly identified. Respondents are to recognize that the City will not allow substitution of key project members without the agreement of the City. b) Biosketches for all key project members identified above are required. Biosketches shall include educational and experience levels and a description of appropriate experience on a project-specific basis including project role and assigned office location. Biosketches should be one page maximum; full resumes should be presented in Chapter Seven. Biosketches shall also be included for all key sub- consultants personnel. 6. Current and Projected Workload - by Office Location (if applicable) 6.1 Provide quantitative data that clearly indicates the ability of the respondent to devote the necessary services to successfully complete these services and projects in a timely manner. Current and projected workload data shall be provided for each key project member as follows: a) Current project work listing and remaining labor commitments b) Historically, describe the typical number of projects handled by the respondent's key project managers at any given time c) Proj ected workload 6.2 Respondents shall also provide a professional services availability estimate for all personnel employed by the respondent in the State of Florida or under the direct organizational supervision of the Officer in Charge. The professional services availability estimate shall include the following information for the next twelve (12) month period: a) Current project work listing and remaining labor commitments b) Historically, describe the typical number of projects handled by the respondent's key project managers at the State level at any given time c) Projected workload d) The respondent's current staffing levels in the area or organizational level as described above in the State of Florida 11 6.3 Clearly identify the local office where each project will be managed and produced. Specific office location shall be identified for the following items: a) Current project work listing and remaining labor commitments b) Historically, describe the typical number of projects handled by the respondent's key project managers at the local level at any given time c) Proj ected workload d) Primary project management actIvItles including electrical, mechanical and instrumentation & control design e) Sub-consultant firms providing significant services 12 Section 4 - Additional Data Required A. Other Requested Information The following information shall be presented as subsequent chapters as indicated: 1. Chapter Seven - Key Project Member Resumes 2. Chapter Nine - Reference listing, including contact names and phone numbers 3. Chapter Ten - Current Florida Professional License, including evidence of possession of required licenses or business permits. 4. Chapter Eleven - Proof of Professional Liability Insurance 5. Chapter Twelve - Other Supplemental Information (at discretion of respondent) Section 5 - General Information A. The following items are attached with the RFP in Appendix A and must be completed and submitted with any RFP response in order to be considered a valid submittal. They are: 1. Respondent's Acknowledgement 2. Addenda 3. Summary Table of Project Experience 4. Anti-Kickback Affidavit 5. Noncollusion Affidavit of Respondent 6. Confirmation of Minority Owned Business 7. Confirmation of a Drug Free Workplace 8. Schedule of Sub-Consultants/Contractors 9. Statement of Non-Submittal (if applicable) Respondents shall submit one (1) original, so designated, and seven (7) copies of the proposal in a sealed package to the City of Boynton Beach, Procurement Services, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435. 13 B. Responses shall be evaluated by a selection committee based on all submitted infoffilation. Following the evaluations, a short list will be developed; and, the proposers named on the short list will be required to prepare a presentation and participate in an interview conducted by the selection committee. Appointments will be scheduled on dates and times mutually agreeable to all parties approximately twenty (20) days after the RFP's are publicly opened. C. Only criteria disclosed in the respondent's submittal may be used to evaluate the items or services proposed. D. The City will make a recommendation to the City Commission for the award of the RFP. The award recommendation will be the most responsive, responsible qualifier who meets all criteria and is in the best interest of the City. The contract will be awarded for an initial two (2) year period and the City Manager, may renew the contract for two (2) additional two (2) year periods subject to acceptance by the awarded qualifier, satisfactory perfomlance, and determination that renewal will be in the best interest of the City. E. 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. The final contract will be fOffilalized by the City Attorney and submitted to the City Commission for their consideration and approval. 14 GENERAL CONDITIONS FOR RESPONDENTS FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, State 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. RFP FORMS: The qualifier will submit an RFP 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 RFP forms must be executed and submitted in the envelope (generally "yellow") provided by the City for easy identification. The RFP submittal envelope is provided in each RFP package and is attached to the "Statement of No Submittal" form. The face of the envelope shall contain the company's name and address, RFP title, number, RFP date and time. When the RFP submitted is larger than the envelope provided, insert requested information and material into a large envelope, affix the RFP envelope to the outside and fill in all requested information. RFP's not submitted on attached RFP forms may be rejected. All RFP's are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. EXECUTION OF RFP: RFP must contain a manual signature of an authorized representative in the space provided on all affidavits and RFP sheets. NO SUBMITTAL: If not submitting an RFP, 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 justification 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 SUBMITT AL" and it must be received no later than the stated RFP receiving date and hour. RFP OPENING: Shall be public, on the date as specified on the RFP form. It is the qualifier's responsibility to assure that the RFP is delivered at the proper time and place prior to the RFP 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 RFP can be considered. RFP's which for any reason are not so delivered, will not be considered. The City reserves the right to consider RFP's that have been determined by the City to be received late due to mishandling by the City after receipt of the RFP and no award has been made. Offers by telegram or telephone are not acceptable. RIGHT TO REJECT RFP: Right is reserved to reject any or all RFP's and to waive technical errors, or to accept any RFP's that are in part deemed as the best responsible qualifier which represents the most advantageous RFP to the City. In determining the "most advantageous RFP", price, quantifiable factors, and other factors are considered. This would include specifications, proposed schedule, the proposed price and other factors contributing to the overall acquisition cost of this service. 15 Consideration may be given, but not necessarily limited to confonnity 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 RFP or qualifying procedure~ C. Reject or cancel any or all RFP's; D. Reissue Request For Proposal Invitation; E. Extend the RFP opening time and date; F. Consider and accept an alternate RFP as provided herein when most advantageous to the City. ST ANDARDS: 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, facility 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 ofperformances~ 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: Proposers must furnish all information requested in the spaces provided on the RFP form. Further, as may be specified elsewhere. each qualifier must submit for RFP evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous RFP 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 RFP opening. Inquiries must reference the date by which the RFP is to be received. 16 CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the 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 RFP'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 advantageous to the City. The City also reserves the right to reject the RFP of any qualifier if the RFP 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 to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposers 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 RFP's. It is the usual practice for the City to upload all addenda to Demanstar.com, but it cannot be guaranteed that all Proposers will receive ALL addendum(s) in this manner. Each qualifier shall acknowledge receipt of ALL addenda by notation on the RFP. ESCALA TOR CLAUSE: Any RFP which is submitted subject to an escalator clause will be rejected. EXCEPTIONS: Incorporation in an RFP of exceptions to any portiones), of the Contract documents may invalidate the RFP. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the qualifier's RFP on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the RFP. 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 RFP to the City of Boynton Beach, the respondent offers and agrees that if the RFP 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 antitrust 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 payment to the respondent. 17 GOVERNMENT AL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or perfonnance of the items offered on this RFP prior to their delivery, it shall be the responsibility of the successful qualifier to notify 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 relief from responsibility. ON PUBLIC ENTITY CRIMES - All Request for Proposal Invitations as defined by Section 287.012(11), Florida Statutes, Requests for Proposal as defined by Section 287.012(16), Florida Statutes, 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 RFP on a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perfoml work as a contractor, supplier, subcontractor. 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 RFP, 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 RFP invitation and the 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 RFP 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 Proposers submitting a response to this Request for Proposal 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 RFP. 18 This agreement in no way restricts or interferes with the right 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 Proposal Invitation that the submission of any RFP in response to this advertised request constitutes an RFP made under the same conditions, for the same Contract price, and for the same effective period as this RFP, to the PALM BEACH COUNTY SCHOOL BOARD. AWARD OF CONTRACT: Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible qualifier whose RFP represents the most advantageous RFP to the City, Evaluation of RFP's will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all RFP'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 RFP 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. Licenses and permits shall be readily available for review by the Assistant to the Finance Director and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all material, equipment, etc., contained in this RFP 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 OSHA. and State safety regulations and requirements. QUESTIONS: Any questions relative to any item(s) or portion of this RFP or Request for Proposal Invitation should be directed to: Michael Low, Deputy Utilities Director, (561) 742- 6403, from 8:00 a.m. to 5:00 p.m.; or lowm(ii)ci.boynton-beach.fl.us. RENEWAL: The Assistant Finance Director, in coordination with Utility Administration, may renew the contract for two (2) additional two (2) year periods subject to acceptance by the awarded qualifier, satisfactory performance, and determination that renewal will be in the best interest of the City. 19 SPECIAL CONDITIONS FOR RESPONDENTS 1. It will be the responsibility of the successful respondent to supply necessary labor for completion of services 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 respondent 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 by fire or any other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted bv the City. The vendor shall fUTIlish 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 respondent 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 respondent, including past performance (experience) with the City in making the award in the best interest of the City. 5. The successful respondent 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 respondent or his agent. 20 ATTACHMENT 'A' City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance. or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability General Aggregate Products-ComplOp Agg. Persona] & Adv. Injury Each Occurrence Fire Damage (anyone fire) Med. Expense (anyone person) $ ] .000,000.00 $ ] ,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 50,000.00 $ 5,000.00 ----------------------------------------------------------------------~-------------------------------------------~------------------------ Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos PIP Basic Intermodal Combined Single Limit Bodily Injury (per person) Bodily Injury (per accident) Property Damage Trailer Interchange $ 500,000.00 to be determined to be determined to be determined $ 50,000.00 ----------------------------------~-----------------------------------~--------~----------------------------------------------------------- Garage Liability Any Auto Garage Keepers Liability Auto Only, Each Accident Other Than Auto Only Each Accident Aggregate $ 1,000,00000 $ 100,000.00 $ ] ,000,000.00 $ 1,000,000.00 ------------------------------~------------------------------------------------------------------------------------------------------------ Excess Liability Umbrella Form Each Occurrence Aggregate to be determined to be determined ~------------------------------------------------------------------------------------------------------------------------------------------ Worker's Compensation Employer's Liability Each Accident Disease, Policy Limit Disease Each Employee Statutory Limits $ 100,00000 $ 500,000.00 $ ] 00,000.00 -----------------------------------------------------------------------------------------------~------------------------------------------- Property Homeowners Revocable Permit Builder's Risk $ 300,00000 Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- INS URANCEADVISOR YFORM04 Revised 10/200 I 21 APPENDIX 'A ' THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 RESPONDENT'S ACKNOWLEDGEMENT Submit RFP's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date FEBRUARY 6, 2007 RFP Title: SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES FOR THE CITY OF BOYNTON BEACH RFP Number: 037-2821-07/CJD RFP Received By: MARCH 14, 2007, NO LATER THAN 2:30 P.M. (LOCAL TIME) RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: MARCH 14. 2007. 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 RFP 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 PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 ADD END A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES FOR THE CITY OF BOYNTON BEACH 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: (Name of Project Manager/Architect/Consultant) and having examined the project site (when indicated in these specifications 1:0 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 No. ADDENDUM No. DATE DATE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES The Proposer agrees to accept as full payment for the: SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES FOR THE CITY OF BOYNTON BEACH BID #037-2821-07/CJD Goal The City of Boynton Beach has recently adopted a plan for the future of its water supply and associated facilities, including water distribution, wastewater collection and pumping, stormwater handling and water reuse. The Utility has recognized that its current Manufacturing Execution Systems, including SCADA, Telemetry, Maintenance Management and Laboratory Information Management need to be expanded and updated to ensure proper stewardship of its facilities. These developments are being designed to ultimately fit into an overall Asset Management strategy and as such are being designed around an open system architecture. The goal of this RFP is to find a strategic partner with the requisite skills to work with the Utility on its current and future needs in this area. Scope of Services The Scope of Services is the means by which the Goal is to be evaluated and addressed. This list may not be all encompassing, and any additional specific means must be approved in advance. It is expected that all coordination of activities will be conducted through the Department's assigned liaison(s). Information and/or work documents, obtained through this Scope of Services, shall be distributed only through the Department as deemed appropriate. 1. Upgrading and integration of the current (4) SCADA systems for the water treatment plants, well fields and lift stations into a single system incorporating the chosen Trihedral VTSCADA software. Included in this will be a Process Data Historian with user definable data search capability and connectivity to any potential future Asset Management System. 2. Installing new or retrofitting existing remote location telemetry and control systems utilizing Motorola MOSCADTM PLC's or EQUIVALENT and associated radio communication equipment, base stations and connections to the plant SCADA system. 3. Retrofitting portions of conventional analog based or hard-wired control systems currently in place to interface with the proscribed SCADA system. Modifications of all hardware, software and ancillary devices involved in such retrofit activities will be the sole responsibility of the respondent. The selected firm must demonstrate its familiarity with and ability to perform such tasks. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 4. Expanding the SCADA system to include monitoring and/or control of additional equipment including equipment or processes not currently automated by any existing SCADA system. 5. Installing new or retrofitting existing PLC's according to any prevalent standard, including any hardware installation issues up to and including any measurement or control device, and any associated programming. 6. Assist in troubleshooting any potentially faulty hardware, software, telemetry or associated systems, and correcting any identified faults. 7. Assisting in, or undertaking, the design and installation of any Manufacturing Exeeution System infrastructure including any hardware, software, control panels, wmng. instrumentation and any other related or associated systems. 8. Assist in the preparation and ongoing maintenance of all appropriate standards including those associated with Programming, System Security, HMI, hardware, software and telemetry. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPT ABLE 26 PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES Section One - General and Telemetry Installation Personnel Use Personnel descriptions as indicated on the Proposal Page 28; however, if your classification titles are different, indicate the relationship to given title. Section Two - Telemetry Hardware The City of Boynton Beach has the existing types and numbers of stations connected to the telemetry system as indicated on Proposal Pages 28 and 29. Respondents are requested to provide detailed information and costs on their proposal for each of the following: · Two (2), Three (3) and Four (4) Pump Lift Stations · Raw Water Well · Remote Water Storage and Pumping Facility . Storm Water Pumping Facility . FIU Telemetry Units Respondents will also indicate how their proposed system conforms to the overall needs of the City including telemetry and connectivity to the proscribed SCADA system as well as any associated cost. Details of any proposed warranty shall be provided. Respondents may insert this information in a format of their choice and attach it to the proposal section. Cost consists of furnishing all the tools, materials, equipment and supplies; the performance of all labor, handling, services and incidentals, including applicable taxes. Section Three - Pump Control System The Pump Control system should be capable of monitoring and recording the following points. Since not all stations will require every point, respondents should advise as to whether this is standard within the quoted price or at an additional cost. Complete Proposal Pages 30 through 33 accordingly. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES 1.1 1.2 1.3 1.4 1.5 I 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 $ $ is '$ $ $ $ $ 1$ i$ !$ S $ , ~ i LOCATION NUMBER COST PER WELL EAST I 2.4 WELL FIELD 20 1$ WEST i I 2.5 11 is WELL FIELD I I -------....-.-..----- THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPT ABLE 28 PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES COST PER UNIT $ Respondents will also indicate how their proposed system conforms to the overall needs of the City including telemetry and connectivity to the proscribed SCADA system as well as any associated cost. Details of any proposed warranty should be provided. Respondents may insert this information in a format of their choice and attach it to the proposal section of this document. Cost consists offurnishing all the tools, materials, equipment and supplies; the performance of all labor, handling, services and incidentals, including applicable taxes. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPT ABLE 29 PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES -- - SECTION THREE Monitored Dieital Data DESCRlPTIOl" ST ANDARD I ADDITIONAL COST WITHIN QUOTE IF APPLICABLE 1 West Well High Level YesD NoD 2 Wet Well Lag-Lag Level YesD NoD 3 Wet Well Lag Level YesD NoD 4 Wet Well Lead Level YesD NoD I 5 Wet Well Off Level I YesD NoD i 6 Wet Well Low Level YesD NoD YesD NoD ~ 7 Generator Running 1 8 Alarm Horn Silenced YesD NoD I 9 Alarm Light On YesD NoD I YesD NoD - 10 Alarm Horn On , i 11 Float Voltage Low Alarn1 YesD NoD . .'--~"---I , , I - -'~-'- 12 Odor Detector Alarm YesD NoD YesD NoD ._--.-------_.~-"..,- 13 Memory/lnit Alarm (RTU Fail) i YesD NoD ! -.--,.------.-- 14 AC Power Alarm ! YesD NoD .---- 15 Battery Fail 16 Module 1 Fail YesD NoD 17 Module 2 Fail YesD NoD 1 i , 18 Module 3 Fail YesD NoD I 1 19 Primary OK YesD NoD ! YesD NoD I , ---, 20 Secondary OK I i YesD NoD ------- 21 Phase A Loss I ---1 22 Phase BLoss YesD NoD 23 Phase CLoss YesD NoD I Phase Sequence ! YesD NoD i --_.~~,._-< 24 I YesD NoD .-.---------.'. 25 Pumn 1 SS in Hand Position YesD NoD ---------_..,-.'--- 26 Pumn 1 SS in Auto Position ! ! YesD NoD ---,---- 27 Pump 1 Running i i YesD 1\on I ! -..--.----- 28 Pumn 1 lnterlock( s) I YesD NoD ! ---_._--_..~----- 29 Pumn 1 Start Default i Pump 1 Run Fault YesD ?-JoD - 30 i i YesD NoD - -- 31 Pumo 1 Stop Fault I ! i " n i !- 1 , --------...-----, 35 36 37 38 , 39 ! 40 41 42 43 44 45 i 'i esD 1\00 i YesD NoD i YesD NoD YesD ?-JoD YesD NoD 'YesD NoD YesD NoD i )'esD NoD I YesD NoD I YesD NoD YesD NoD YesD NoD i YesD NoD iXesO~oD _ I L--~---- ---" --=--~~-~ . . ! I 3", i 33 i, 34 : _L_________ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPT ABLE 30 PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES SECTION THREE Monitored Di~ ital Data (continued) DESCRIPTION STANDARD ADDITIONAL COST WITHIN QUOTE IF APPLICABLE 46 Pump 4 Stop Fault YesD NoD 47 Pump 4 SS in Hand Position YesD NoD 48 Pump 4 SS in Auto Position YesD NoD 49 Pump 4 Running YesD NoD 50 Pump 4 Interlock(s) YesD NoD 51 Pump 4 Start Fault YesD NoD 52 Pump 4 Run Fault YesD NoD 53 Pump 1 Max Runtime Alarm YesD NoD 54 Pump 2 Max Runtime Alarm YesD NoD 55 Pump 3 Max Runtime Alarm YesD NoD 56 Pump 4 Max Runtime Alarm YesD NoD 57 Wet Well Level YesD NoD 58 Phase Monitor YesD NoD 59 Pump 1 Amps YesD NoD 60 Pump 2 Amps YesD NoD 61 Pump 3 Amps YesD NoD 62 Pump 4 Amps YesD NoD 63 Station Intrusion YesD NoD 64 Pump Control Panel Intrusion YesD NoD 65 R TU Panel Intrusion YesD NoD 66 Wet Well Fault Intrusion YesD NoD 67 Valve Vault Intrusion YesD NoD 68 Generator 1 Hour Runtime Alarm YesD NoD 69 Rainfall (via rain gauge) YesD NoD SECTION THREE Monitored Anal02 Data DESCRIPTION STANDARD ADDITIONAL COST WITHIN QUOTE IF APPLICABLE 70 Wet Well Level Sensor YesD NoD 71 Phase AB Voltage YesD NoD 72 Phase BC Voltage YesD NoD 73 Phase CA Voltage YesD NoD 74 Pump 1 Amps YesD NoD 75 Pump2 Amps YesD NoD 76 Pump 3 Amps YesD NoD 77 Pump 4 Amps YesD NoD 78 Float Voltage YesD NoD 79 Station Flow YesD NoD 80 Float Sequence YesD NoD 81 Pump 1 Starts YesD NoD 82 Pump 1 Runtime YesD NoD 83 Pump 1 A vg Amps YesD NoD 84 Pump 2 Starts YesD NoD 85 Pump 2 Runtime YesD NoD THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPT ABLE 31 PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES SECTION THREE Monitored AnalolJ Data (continued) i DESCRIPTION STANDARD ADDITIONAL COST WITHIN QUOTE IF APPLICABLE i 86 Pump 2 A vg Amps YesD NoD I 87 Pump 3 Starts YesD NoD 88 Pump 3 Runtime YesD NoD YesD NoD -- 89 Pump 3 A vg Amps YesD NoD "-~- 90 Pump 4 Starts i , YesD NoD -~------ 91 Pump 4 Runtime , 92 Pump 4 A vg Amps YesD NoD 93 Reuse Total Flow YesD NoD 94 Force Main Pressure YesD NoD 95 Generator Starts YesD NoD __J 96 Generator Runtime YesD NoD I I 97 System Water Pressure YesD NoD 1 98 Total/daily Rainfall YesD NoD ! _.~---, SECTION THREE Controllable Di2ital Points , DESCRIPTION ST ANDARD I ADDITIONAL COST WITHIN QUOTE I IF APPLICABLE 99 Start Pump 1 YesD NoD , 100 Start Pump 2 YesD NoD i 101 Start Pump 3 YesD NoD i ! YesD NoD -------4 102 Start Pump 4 YesD NoD --~--..., 103 Disable Station ! I YesD NoD --~._-" 104 Pump 1 Override YesD NoD --~-_.. 105 Pump 1 Disable YesD NoD ! ._-~_._.--_._- 106 Pump 2 Override I ! 107 Pump 2 Disable ' YesD NoD YesD NoD -~-_..,---------- 108 Pump 3 Override YesD NoD - -,-.._-------_._- -.--------.--- 109 Pump 3 Disable I I i YesD NoD ~._- 110 Pump 4 Override YesD NoD -----,~-------- 111 Pump 4 Disable I ! 112 Reset Pump 1 Starts YesD NoD I I 113 Reset Pump 1 Runtime YesD NoD I i 114 Reset Pump 2 Starts YesD NoD YesD NoD ~----_._~ 115 Reset Pump 2 Runtime I I , 116 Reset Pump 3 Starts I YesD NoD I , I 117 Reset Pump 3 Runtime YesD NoD YesD NoD -------_.~ 118 Reset Pump 4 Starts I YesD NoD I -..,----------.------ 119 Reset Pump 4 Runtime , I I YesD NoD .--------------..-..- 120 Reset Pump 1 Average Amps I i 1 YesD NoD ! --~._..._-----_.__._- 121 Reset Pump 2 Average Amps ; i YesD NoD ----------- , 122 Reset Pump 3 Average Amps 1 YesD NoD -- --- -----.,.--- 123 Reset Pump 4 Average Amos i i i 124 Reset Pump 1 Max Runtime Alarm YesD NoD I i 125 YesD NoD i .,.------.----------..----- Reset Pump 2 Max Runtime Alarm -- '-"-'-'-----".-'--' -,_.._------- "--'-- THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPT ABLE 32 PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES SECTION THREE Controllable Di~ital Points (continued) DESCRIPTION STANDARD ADDITIONAL COST WITHIN QUOTE IF APPLICABLE 126 Reset Pump 3 Max Runtime Alarm YesD NoD 127 Reset Pump 4 Max Runtime Alarm YesD NoD 128 Reset Total Flow YesD NoD 129 Reset Generator Runtime YesD NoD 130 Reset Generator Starts YesD NoD 131 Reset 1 Hour Runtime Alarm YesD NoD 132 Reset Rainfall Total YesD NoD 133 Disable Alarm Light YesD NoD 134 Disable Alarm Horn YesD NoD 135 Silence Horn YesD NoD SECTION THREE Controllable Values DESCRIPTION STANDARD ADDITIONAL COST WITHIN QUOTE IF APPLICABLE 136 Low Level Alarm Setpoint YesD NoD 137 Lead Pump Start Setpoint YesD NoD 138 Lag Pump Start Setpoint YesD NoD 139 2nd Lag Pump Start Setpoint YesD NoD 140 3rd Lag Pump Start Setpoint YesD NoD 141 Lead pump Select YesD NoD 142 Lag Pump Select YesD NoD 143 High Level Alarm Setpoint YesD NoD 144 Lead Pump Stop Setpoint YesD NoD 145 Lag Pump Stop Setpoint YesD NoD 146 2nd Lag Pump Stop Setpoint YesD NoD 147 3rd Lag Pump Stop Setpoint YesD NoD 148 Lead/Lag/2na/3ra Start Order YesD NoD 149 Time Based Forced Alternations YesD NoD 150 Max Run Set Point PI YesD NoD 151 Max Run Set Point P2 YesD NoD 152 Max Run Set Point P3 YesD NoD 153 Max Run Setpoint P4 YesD NoD 154 2nd Lag Pump Select YesD NoD 155 3 ra Lag Pump Select YesD NoD 156 Water Pressure Low Alarm YesD NoD THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE 33 SUMMARY TABLE OF APPLICABLE PROJECT EXPERIENCE DESCRIBE UP TO FIVE (5) FLORIDA BASED PROJECTS IN THE LAST THREE (3) YEARS RESPONDENT: LOCAL ADDRESS: -------~.~ _._-----_.~._,~~-^ ---~ TELEPHONE: OFFICE ( ): ~_______~ CITY: FAX: CONTACT PERSON/TITLE: STATE: OTHER ( ): ZIP CODE: This form shall be completed for all applicable project experience. This form may be duplicated and reproduced in an 11" X t 7" format to facilitate data _ entry ._________ __~___n _------ Project Name/ Location Type of Service Provided: Client/Owner, Address, Telephone Contact Person/Name. Tt'lephonl': Project 1. Project 2. Project 3. Project 4. Project 5: Comments: Project Manager/ Name, Address, Telellhone: Is I'roject Manager still with firm? (If no, explain) Date Completed/ Anticipated Completion: THIS rAG~: TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDI<:R TO BE CONSII>ERED COMPLETE AND ACC~:rTABLE Original Consultant's Fel' No. of Contract Amendments/ Final Amount 34 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 2007 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 35 PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER State of County of , being first duly sworn, deposes and says that: 1) He is of (Title) has submitted the attached RFP: , 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 RFP is genuine and is not a collusive or sham RFP~ 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 RFP in connection with the Contract for which the attached RFP 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 RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP 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 of the 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 ACCEPT ABLE 36 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISP ANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE 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 37 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: 1) Publish a statement notifying employees that the unlawful manufacture, distribution. dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for 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 (1 ). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under 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 OCCUlTing 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 PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPT ABLE 38 SCHEDULE OF SUB-CONSULT ANTS/CONTRACTORS MINORITY BUSINESS ENTERPRISE (MBEIWBE) PARTICIPATION RESPONDENTS ARE TO SUBMIT A DETAILED LISTING OF ANY SUB-CONSULTANTS/CONTRACTORS PARTICIPATION OF ANY PORTION OF THIS PROJECT FOR ANY REASON. RFP TITLE: RFP# SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES FOR THE CITY OF BOYNTON BEACH 037-2821-07/CJD MAIN CONSULTANT'S NAME: *MINORITY T P YES: (1) BLACK; (2) HISPANIC; (3) WOMEN; (4) OTHER (speCify) MINORITY NAME/ ADDRESS/ PHONE OF TYPE OF WORK STATUS TYPE CERTIFIED DOLLAR %OF SUBCONTRACTOR TOBE 4 4 *(see 4 4 AMOUNT TOTAL PERFORMED Yes No key Yes No below) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE 39 STATEMENT OF NON- SUBMITTAL If you are not submitting an RFP for this project, please complete and return this fonn to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified yendor's list for the City of Boynton Beach. COMP ANY NAME: ADDRESS: TELEPHONE: FAX: SIGNA TURE: DATE: WE, the undersigned have declined to respond to your RFP #037-2821-07/CJD for SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES FOR THE CITY OF BOYNTON BEACH 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 perfonn Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: IF YOU ARE NOT SUBMITTING A RESPONSE, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES 40 SAMPLE AGREEMENT THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and DCR Engineering Services, Inc., with a business address of P.O. Box 935, Mulberry, Florida 33860, hereinafter referred to as "the Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNA nON. The Contractor is retained by the City to perform services in connection with the project designated "SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES FOR THE CITY OF BOYNTON BEACH". 2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified on Exhibit 'A' attached hereto, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the CITY's assigned project manager. 3. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to the execution of a written amendment to this Agreement by both parties. 4. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Contractor to proceed. Contractor shall perform all services and provide all work product required to develop recommendations and timetable for implementation. 5. PAYMENT. The Contractor shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Contractor shall be made as provided on Exhibit 'A' attached hereto. b. The Contractor may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Contractor in the amount approved. c. Final payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. CA-4 e. The Contractor's records and accounts pertammg to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Contractor in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection \vith Contractor's endeavors. 7. COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons. including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. 9. INSURANCE. The Contractor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$l,OOO,OOO. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 11. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Contractor. any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent CA-4 upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 14. NON- WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Contractor. b. In the event of the death of a member, partner or officer of the Contractor, or any of its supervisory personnel assigned to the project, the surviving members of the Contractor hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Contractor and the City, if the City so chooses. 16. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Contractor shall be sent to the following address: Name Todd Bredbenner, President DCR Engineering Services Street P.O. Box 935 City, State, Zip Mulberry, FL 33860 18. INTEGRATED AGREEMENT. This agreement, together with attachments, including, but not limited to all bid documents prepared by the City and the Contractor, and addenda, represents the entire and integrated agreement between the City and the Contractor and CA-4 supersedes all prior negotIatIOns, representations, or agreements written or oral. Thi s agreement may be amended only by written instrument signed by both City and Contractor. DATED this _ day of ,20 CITY OF BOYNTON BEACH City Manager Contractor Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/ Authenticated: Office of the City Attorney Secretary lI:d 990\900182BB\AGREEMENTS 2007\SCADA TELEMETRY SYSTEM (2) PI'\AL 2-5-07REV1.doc Rev. 1/22/91 CA-4 EXHIBIT 'A' SCOPE OF SERVICES The Scope of Services is the means by which the Goal is to be evaluated and addressed. This list may not be all encompassing, and any additional specific means must be approved in advance. It is expected that all coordination of activities will be conducted through the Department's assigned liaison(s). Information and/or work documents, obtained through this Scope of Services, shall be distributed only through the Department as deemed appropriate. 1. Upgrading and integration of the current (4) SCADA systems for the water treatment plants, well fields and lift stations into a single system incorporating the chosen Trihedral VTSCADA software. A Process Data Historian will be included with user definable data search capability and connectivity to any potential future Asset Management System. 2. Installing new or retrofitting existing remote location telemetry and control systems utilizing Motorola MOSCADTM PLC's or EQUIVALENT, and associated radio communication equipment, base stations and connections to the plant SCADA system. 3. Retrofitting portions of conventional analog based or hard-wired control systems currently in place to interface with the proscribed SCADA system. Modifications of all hardware, software and ancillary devices involved in such retrofit activities will be the sole responsibility of the respondent. The selected firm must demonstrate its familiarity with and ability to perform such tasks. 4. Expanding the SCADA system to include monitoring and/or control of additional equipment, including equipment or processes not currently automated by any existing SCADA system. 5. Installing new or retrofitting existing PLC's according to any prevalent standard, including any hardware installation issues up to and including any measurement or control device, and any associated programming. 6. Assist in troubleshooting any potentially faulty hardware, software, telemetry or associated systems, and correcting any identified faults. 7. Assisting in, or undertaking, the design and installation of any Manufacturing Execution System infrastructure including any hardware, software, control panels, wiring, instrumentation and any other related or associated systems. 8. Assist in the preparation and ongoing maintenance of all appropriate standards including those associated with Programming, System Security, HMI, hardware, software and telemetry. Exhibit 'A' RESPONDENT'S ACKNOWLEDGEMENT Submit RFP's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date FEBRUARY 6, 2007 RFP Title: SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES FOR THE CITY OF BOYNTON BEACH RFP Number: 037-2821-07/CJD RFP Received By: MARCH 14,2007, NO LATER THAN 2:30 P.M. (LOCAL TIME) RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: MARCH 14, 2007. 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 RFP shall conform to applicable sections of the charter and codes of the City. Name of Vendor: OCR Engineering Services. Inc. Federal LD. Number: 59-3441751 A Corporation of the State of: Florida Area Code: 863 Telephone Number: 428-8080 Area Code: 863 FAX Number: 428-8036 Mailing Address: P.O. Box 935 City/State/Zip: ~r Aut nze SIgnature ---- Vendor Mailing Date: hand deliver Todd Bredbenner, President Name Typed THIS PAGE TO BE SUBMI'ITED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES SECTION ONE PERSONNEL TITLE HOURLY RA TE/Classific r}}fW:J:mIW~::~l::::t:::m::!::m!~!:::Il:l:flm::m::E::~::::::::::::fm!!:~!:@:!!m~::::m:l:m~:lf::f:nfm:I:~:::t:lH:::~:m:::;:I:m::::::I!:l}mH!:::l:M:I:ll~mm@mH~:r:lliIIIW::::::::::ti:::!I1J]:I:! 1. 1 Administrative Assistant $ 26.53 elK 1 .2 CAD Operator $ 48.00 CAD 1 .3 Desi~er $ 94.75 PE 1 .4 Senior Desi~er $ 1 13.70 SRE 1 .5 Engineer $ 94.75 PE 1 .6 Senior Ene:ineer $ 1 13.70 SRE 1 .7 Programmer $ 94.75 PGM 1 .8 Proiect Manager $ 94.75 PE 1.9 Mechanic IPanel Shop Tech $ 63.18 PST 1 10 Electrician $ 56.85 ELI 1 I 1 Senior Electrician $ 69.50 TT 1 12 Telemetry Technician $ 69.50 TT 1 13 Senior Telemetry Technician $ 78.33 STT tion *Rates are based on no esculation throughout the term of the contract W:t:t:ttt:!:::tt'::::i:iI:t:mJiifJtJI?iJift:I'fW!!mr:{::tklMil:ri::::::::J::::n:::t)l:::fr:m::::::mmlf:'i:::t::::::i@m':::)i:@f::ifItt:'ffit::tt:::!!:'lN@r:Jj::j:'Ii:::it,:t:ltn:J'j!!!:::::: SECTION TWO TELEMETRY HARDWARE PROPOSED COST SUMMARY LIFT ST A nONS TYPE NUMBER COST PER UNIT 2.1 DUPLEX 154 $ 8,879.88 2.2 TRIPLEX 5 $ 10,495.62 2.3 UADRUPLEX 1 $ 10,838.95 RAW WATER LOCATION NUMBER COST PER WELL WELLS 2.4 EAST 20 $ 7,762.16 WELL FIELD 2.5 WEST 11 $ 7,762.16 WELL FIELD THIS PAGE TO BE SUBMIITED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE 28 PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES Respondents will also indicate how their proposed system conforms to the overall needs of the City including telemetry and connectivity to the proscribed SCADA system as well as any associated cost. Details of any proposed warranty should be provided. Respondents mav insert this information in a format oftheir choice and attach it to the proposal section ofthis document. Cost consists offurnishing all the tools, materials, equipment and supplies; the performance of all labor, handling, services and incidentals, including applicable taxes. Please refer to the detailed pricing information and costs in Section 2 for line item breakouts of the above unit pricing. All Motorola hardware is based on net user price with a five percent (5%) discount. All other materials are provided at cost plus nineteen percent markup. All labor is based on the rate provided. A further breakdown of the line items including material costs, vendor quotations, labor hours and labor classifications are available at the request of City of Boynton Beach. An additional 2% will be added to all purchase order amounts exceeding $75,000.00, if performance and payment bonding is required by the City. Attached is our warranty agreement which includes two years of materials, inclusive of lightning damage, and a lifetime warranty of all software supplied by OCR Engineering Services, Inc. THIS PAGE TO BE SUBMITIED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE 29 Duplex Liftstation I NO DESCRIPTION I .IUN ;;. ~r " ".' ., .".. .... .' '.:. ..:.Co.,:: . '-'.' . .::.... '. .:t'tAR(;Ept. .' ...... .'. '...,-: ". "4 " '.~ ", ;,_..."....~., ;...j "' ~'-':.. ...; .; k'-'.ii..,," ~.. .~........"_;..~. i' '1"" i.... ';:":.i:\' .:i.i. :e:.. :i,:";-: ';.' :. ". ,.,. '. """."." 11RTUlHMI Applications and Software Configuration 1 i RTU Mount, Antenna and Cabling, Low Profile Antenna 13 AC Surge Suppression (Hesco) 14 Backup Pump Controller BR560 (2 pump control) 15 Analog Voltage Monitor BR549 (300V/600V) 16 3 Ph Fuse Block wi CC fuses (for phase monitor) 17 Ammeters (each 1 required for each pump 5/8" Hole) 18. RTU Intrusion Switch and Bracket 19 PCPISite Intrusion Switch and Bracket 20 Prep reparation and Installation 21 Controller CoversionfT'umaround 22 Mixed I/O Interface Block 23 Operator Panel custom sheet metal 24 Horn and Light 25 Sq. 0 3 Position Selector Switch wi 4 NO contacts 26 Sq. 0 Hand/Off/Auto Nameplate 27 Sq. 0 LED Run Light 28 Sq 0 Pump Run Nameplate 29 Custom Engraved Tags 30 Momentary Push Button 31 Hour Meter 32 Assembly and Prewire 33 34 35 36 37 38 39 40 41 Professional Enginneer 42 OEM Drawing 43 Administration ".~:',,.~.[.i,, "., '.' ,..i.",; i."."," "_:.."..';"..,/ ,.-: 'c' .;, .: .........' :>'.'i':.'...-:.""., "..' "_J~r ,'.i'.'i .. '.:":< .', ~:~,.,; . "lIiS) ,." '.' '.'; ,,'. ,., . .... ,.,.'.....'. ", ."j"iIl(. " , -;;.... """,' ,.. '.', ,'. , .i. .' "". ,j. ~ "', _t :~~~, ~ ii";" ,'J.r ,1'1: ~.~~; 'i-/ 'f:.,.", .'~t. . SHEET TOTALS TOTAL QTY COST 1 ,):t+: 1 ' . 1 1:. 1 1 "'. ,._, 1 . -~' -. 1 ", ..., l "..~ 2 -.-, J,' 1 189.50 1 510.62 1 64.15 1 473.35 1 407.90 1 113.49 2 335.31 1 71.91 1 112.96 1 284.25 1 603.55 1 554.75 1 43.98 1 130.90 2 100.72 2 6.90 2 90.87 2 13.47 1 9.52 1 21.84 2 92.82 1 47.38 113.70 23.90 6.63 $ 8,879.88 Triplex Liftstation DESCRIPTION NO ~" .. ~",.,,'c2Ti:'( i:,';"" ", ," ">,i" .,;'~.,-..,. ..", ".~.,., ...,',.....,_,. ,': ,,".,..,,,7,,'. ... ; .\lti~".;.,r: c. ' " .,i.,.:/,:. ," -" .,'".;"",'.. """,:',.",.,, .;<~zW"_- "":.; "'"',,,"".,,: .2.1.S~'.<':':':':":"'<'" -. 11 RTU/HMI Applications and Software Configuralioo 12 RTU Mount, Antenna and Cabling, Low ProfileAntelma 13 AC Surge Suppression (Hesco) 14 Backup Pump Controller BR560 (2 pump control) 15 Analog Voltage Monitor BR549 (300V/600V) 16 3 Ph Fuse Block w/ CC fuses (for phase monitor) 17 Ammeters (each 1 required for each pump 5/8" Hille} 18 RTU Intrusion Switch and Bracket 19 PCP/Site Intrusion Switch and Bracket 20 Prepreparation and Installation 21 Controller CoversionfTurnaround 22 Mixed 110 Interface Block 23 Operator Panel custom sheet metal 24 Horn and Light 25 Sq. D 3 Position Selector Switch w/ 4 NO contacts 26 Sq. D Hand/Off/Auto Nameplate 27 Sq. D LED Run Light 28 Sq D Pump Run Nameplate 29 Custom Engraved Tags 30 Momentary Push Button 31 Hour Meter 32 Assembly and prewire 33 34 35 36 37 38 39 40 41 Professional Enginneer 42 OEM Drawing 43 Administration ";~ ~'T:..tif!. /'i4~~~W,i< ,,',' .'~I'f~~"'" .,',. i;I'i~ :1f1::~1~'~!..:;:".,., ..,.,'':;:t:;'". ......' '. .'~;::,,,,,.., ,,),~~F$ , .' . .. , , , SHEEl TOTALS '.' TOTAL QTY COST 1 f' 1 1 ,!.Q 1 1 .""!..,, .. 1 I'b , ':ti 2 I:: r 1 I> 1',- '."" I' ',',' ii%',:"",', 1 189.50 1 510.62 1 64.15 1 473.35 1 407.90 1 113.4~ 3 502.97 1 71.91 1 112.96 1 284.25 1 717.25 2 1.109.50 1 43.98 1 130.90 3 151.08 3 10.35 3 136.30 3 20.21 1 9.52 1 21.84 3 139.23 1 47.38 i". ,'" 113.70 23.90 6.63 ,:.'X.."...' 1!I1ll:!i;(! '", I." ';'::;.:. ,I:' 7."%;~- 2.$0%. " .' 4,3;96 1"'7!~ ",,', 10,495.62 1$' 10,495.62 Quadraplex Liftstation DESCRIPTION ITEM/ I 'liON " ..'" " "<"""". :.,...,'i:..,.;, ",;',. '.\ ,,~~.' :"0;,;,.....,..:;,, ;,........,..,.. ". :,. '.-.','" "','..", ",< ..,) ,......". ...,........ '''1,Q '/':" . "", .,' 11 RTU/HMI Applications and Software Configuration 12 RTU Mount, Antenna and Cabling, Low Profile Antenna 13 AC Surge Suppression (Hesco) 14 Backup Pump Controller BR560 (2 pump control) 15 Analog Voltage Monitor BR549 (300V/600V) 16 3 Ph Fuse Block w/ CC fuses (for phase monitor) 17 Ammeters (each 1 required for each pump 5/8" Hole) 18 RTU Intrusion Switch and Bracket 19 PCP/Site Intrusion Switch and Bracket 20 Prepreparation and Installation 21 Controller CoversionfTurnaround 22 Mixed I/O Interface Block 23 Operator Panel custom sheet metal 24 Horn and Light 25 Sq. 0 3 Position Selector Switch w/4 NO contacts 26 Sq. D Hand/Off/Auto Nameplate 27 Sq. D LED Run Light 28 Sq D Pump Run Nameplate 29 Custom Engraved Tags 30 Momentary Push Button 31 Hour Meter 32 Assembly and Prewire 33 34 35 36 37 38 39 40 41 Professional Enginneer 42 OEM Drawing 43 Administration ..401 ~Jil~1i"!Il!"g.' .'......>. .... 4'$ ~!l~;:':: '.' ....... 46 :rR:lcll<'~iipI .,' ""'. ,... ., . 141 HOlel.\tl;~~.). . . .... . ~6. M~I~(~~~.) . '" '. 49IState'$.I..Tiil< .. 50, Frekiht' ., .,. 51 Bond .. NO ~et::~..~ ',' '.,' ~V f~ . :,,, ,':..'i,* v".~~'~. ..'~',,", .},II N':26)1ii;', '. ~"f1;4~j ',. -. , .t.. ~" o'~;j:! ." '. ::~:j 'V~Q.ir .. .,' )~,.; :: r . . '. . . '. . -..... , .. . '.' . .' SHEET TOTALS QTY 1 1 1 1 1 1 2 1 1 1 1 '<1., ",' 1"< TOTAL COST 5,' 1 1 1 1 1 1 4 1 1 1 1 2 1 1 4 4 4 4 1 1 4 1 '0;: ":"'. <;"....,. '. ...;,....,..: 189.50 510.62 64.15 473.35 407.9C 113.4~ 670.62 71.91 112.96 284.25 717.25 1.109.50 43.98 130.90 201.44 13.8C 181.74 26.94 9.52 21.84 185.64 47.38 113.70 23.9C 6.63 '''',' ",..". 7.00~n:" ,,"A3h1~ 2;5.0%'<153.9 . ,.... ." 10.838.9! 1$ 10,838.95 East Well Field DESCRIPTION IT 'IION ',. 'i.'.".:,.. ",. ':,.........:......:.....: ,-. ~"i':'::~,',".',;'_: ':\:i,":-,: Y'~.~h'tU.~ r" ~.:r.. '.:., "51~11"L.,, " ........... ~1~~, ._ -,;f:,, - 7/ ~4!:!;.~~ .:I14-L.;:.:: :'"'if':.",: .'......: ,,(. ,:,:' V2i:Ji:'... I'.... ...... .... . .' ., 2j':" ,'f!!lItJ O'}......: :.' ..1Q::" ." "7 ccc ... . ':. . ". . ....... 11 RTU/HMI Applications and Software Configuration 12 RTU Mount, Antenna and Cabling, Low Profile Antenna 13 AC Surge Suppression (Hesco) 14 Backup Pump Controller BR560 (2 pump control) 15 Analog Voltage Monitor BR549 (300V/600V) 16 3 Ph Fuse Block w/ CC fuses (for phase monitor) 17 Ammeters (each 1 required for each pump 518" Hole) 1 8 RTU Intrusion Switch and Bracket 19 PCP/Site Intrusion Switch and Bracket 20 Prepreparation and Installation 21 Controller CoversionlTurnaround 22 Mixed 110 Interface Block 23 Operator Panel custom sheet metal 24 Horn and Light 25 Sq. 0 3 Position Selector Switch w/4 NO contacts 26 Sq. D Hand/Off/Auto Nameplate 27 Sq. 0 LED Run Light 28 Sq 0 Pump Run Nameplate 29 Custom Engraved Tags 30 Momentary Push Button 31 Hour Meter 32 Assembly and Prewire 33 34 35 36 37 38 39 40 41 Professional Enginneer 42 OEM Drawing 43 Administration 44i ~~"eum' ...:.......{~~ g ~Iit~~ =- 1'.- 50. .,.iCihk..... . 5111BOnd NO .!!7514i:~ . . . '. SHEET TOTALS --~~-~----r TOTAL QTY COST 1 1 1 1 1 1 1 2 . .<- o' j,:. 1 189.50 1 510.62 1 64.15 1 407.90 1 113.49 1 167.66 1 71.91 1 112.96 1 284.25 1 717.25 1 554.75 113.7 203.9 6.63 '0 . .' . .2..;':-:, 1.QCI~' 2.500/. .~ i>~ . 100.3E . 7,762.16 :ci! $ 7.762.16 ....... . OJ ".' ~.751 c. '.'C lllj .. !>: "'.:'..192.0 . -, ,.' . . {:.' .. 7.U% .'. 281.0C 2.5.0"10 '. 100.3E I '.. 7.762.1E West Well Field I Nol DESCRIPTION ION T. ..j:~'tJI!lF-:,"",<";,, '" ...."';;" . .."c.;:.:.'......:.?;.., .:...:,... ". .tI~;: '.:.. "; ";/',::. :.:.i.X':,:":..,,,: .V:CH~(;IE":':""'" ':...;-..i..;.:J.:;";...,:\" ..' ..; " - :.:;".~;~:'..f. .".,....:...;..........:,..,... ~1;;" " .:i: ...'c" .:.: ;';,'..,..... ..;.... .:J.9iF7 "..,'., . ;.,:.,..... ;; ,:10.'" "',.".' '';:.s .'i..':'.; ", .:'.". ..' 11 RTU/HMI Applications and Software Configuration 12 RTU Mount, Antenna and Cabling, Low Profile Antenna 13 AC Surge Suppression (Hesco) 14 Backup Pump Controller BR560 (2 pump control) 15 Analog Voltage Monitor BR549 (300V/600V) 16 3 Ph Fuse Block wI CC fuses (for phase monitor) 17 Ammeters (each 1 required for each pump 5/8" Hole) 18 RTU Intrusion Switch and Bracket 19 PCP/Site Intrusion Switch and Bracket 20 Prep reparation and Installation 21 Controller Coversionrrumaround 22 Mixed I/O Interface Block 23 Operator Panel custom sheet metal 24 Hom and Light 25 Sq. 0 3 Position Selector Switch wI 4 NO contacts 26 Sq. 0 Hand/Off/Auto Nameplate 27 Sq. 0 LED Run Light 28 Sq 0 Pump Run Nameplate 29 Custom Engraved Tags 30 Momentary Push Button 31 Hour Meter 32 Assembly and Prewire 33 34 35 36 37 38 39 40 41 Professional Enginneer 42 OEM Drawing 43 Administration 44 ~'l'"ting 4$W,~:,)/. .' "'M! "~~"'l;.' .." ;.:.... :'=*::S-::: :..:........ 411 SUlte':"'U.x 5OlFftjilllht;- .. . '. 51. Bond .' f ~ ....., ~:fi: :'.~,& ;V~~/j ,.' . '1 . ". ..' " , .. '.' '" .. . , . . . '. "; ..' .. ..' .' . SHEET TOTALS QTY 1 1 1 1 1 1 1 2 TOTAL COST .:::'''):1;i~tjJ~ ',. . 189.50 510.62 64.15 1 1 1 1 1 1 1 1 407.90 113.49 167.66 71.91 112.96 284.25 717.2 554.75 113.70 203.9 6.6 $ 7,762.16 Remote Water Storage and Pumping (based on a triplex station) DESCRIPTION I TOTAL ITE llPTION OTY COST iii:.l ,,>'i,"qC 1 ~/"",",,"', ,,~7>.,', 1 _J~;';~ J~t~$ ',: <i' ",', 1 ;'" V;J1)':f.~L,....,.,,:~'f./;:'\'i '"" '.' "'<'~/,"" ~ 'C:} "".,c, '7 ,',',. "',/ 1 '.,;.'7 1J2~5,] li. "'." ,!.: ,.,7/ "', ,'".." 2 &V2P.~';. ". < ',,>i 1 .,9.,,e.7502;"~$P~Oi" ,';,',.'.,' '.... .101 " ,,' "",' ",", 11 RTU/HMI Applications and Software Configuration 12 RTU Mount. Antenna and Cabling, Low Profile Antenna 13 AC Surge Suppression (Hesco) 14 Backup Pump Controller BR560 (2 pump control) 15 Analog Voltage Monitor BR549 (300V/600V) 16 3 Ph Fuse Block wi CC fuses (for phase monitor) 17 Ammeters (each 1 required for each pump 5/8" Hole) 18 RTU Intrusion Switch and Bracket 19 PCP/Site Intrusion Switch and Bracket 20 Prepreparation and Installation 21 Controller CoversionfTurnaround 22 Mixed I/O Interface Block 23 Operator Panel custom sheet metal 24 Horn and Light 25 Sq. 0 3 Position Selector Switch w/4 NO contacts 26 Sq. 0 Hand/Off/Auto Nameplate 27 Sq. 0 LED Run Light 28 Sq 0 Pump Run Nameplate 29 Custom Engraved Tags 30 Momentary Push Button 31 Hour Meter 32 Assembly and Prewire 33 34 35 36 37 38 39 40 41 Professional Enginneer 42 OEM Drawing 43 Administration 44, "" T~tl 4~ lfIarriihW ~ 'fruck~I'" ,...t.~,(@A'~S) 4$ t.Aeats1~~~s) '49 State SiiIUTax 50 ~reiGht: 51 Bond NO < f757'4}~~._.....,L ' ", \l15fe" I'., '-" ',,' ,'. :",..., ,~- ./ '1~1':4;38','-,-'~,. " SHEET TOTALS 1,"/>;:.:; I.i' I' 1 1 1 1 1 1 3 1 1 1 1 2 I,' ,<',,,,.,,,,.n ,,".' "",?,,,.,', ":i. 1 ,516.00 510.62 64.15 473.35 407.90 113.49 502.97 71.91 112.96 1 ,819.20 1 ,058.35 1.109.50 1 113.70 1 395.90 1 6.63 ,b' 69:50 :.< ,",','" 34.7 "..$j);Oi ':' :'., .".,.,..1~lO I.,i. :;,77 ,,'5,: 7:00% ' " 375:7S 2:5f)% ,', ,134;21 'oCc ,,'. 13.307.57 $ 13.307.57 FlU Telemetry Units DESCRIPTION NO ITEM/DESCRIPTION ~I_~~~'~x,>"" ,:3~1::: ' "'" ,,' ;<. ~1f!"!., ""C'<<' .1l!'I..illO;$CQ'l!. J!!'/ 15<". _M__~< j ~<<<" < "i~J_;I"::";;;; , .;...OI'll.E,......: . .', ',:::0;;.;.;\' "".,'.., ". ,.(',...( c. ., ..., ." :,." ','. ...,' .'. ..,.... >,.",;...,....,..;.,......,.::.>.>. ":' ,,,,..: .,. ,",." ..... 11 RTU/HMI Applications and Software Configuration 12 Antenna Mast and Cabling, Low Profile Vagi 13 AC Surge Suppression (Hesco) 14 Modbus Driver 15 Modbus Adapter Cable 1672" Rackmount Enclosure 17 Rackmount VTScada Server PC (Allowance) 18 19 20 Prepreparation and Installation 21 Installation 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Professional Enginneer 42 OEM Drawing 43 Administration 44 ~~IlIC8:r..tir)sr ~ 45 ~..,.~. 4~ 't1'li~~.1 '. .' 47 .~,~,,~.....) . 4$~l~~Pt.s) 49 sUi~'sa~'T8x .... 50 Fi'fIiGht " ." 51 teind . ,. .". . . . , . . ,. .' ". .' " . . ; SHEET TOTALS TOTAL QTY COST :l'::. 4 I;'.,' 4 ."',1;4$6iQO 4 .. ,..i 4 ,.n::.\8~;00 12.332;25 "\'..;(.' ,......:/ 4 3,032.00 4 2,042.48 4 256.54 4 1,536.40 4 119.00 1 919.60 1 4,024.80 1 2,512.00 1 2.512.00 . 1 113.70 1 23.90 1 6.63 ., . '69:50 1 ",.,<:034;75 1," .;i,,;; ,. ::'<<10;09 2.>'l:', .19;Z,OQ 2,' '. 7.00%', 1.269'.55 2;S~"".;' 453.41 .". 33.791.51 $ 33.791.51 Repeaters DESCRIPTION ITEM luN ." '. . ......-......i i'" ..... . .. ...... "'." .....; .. ....,.... '. '..' '. .... . .,.' ',.: .....',:. ,.,.' .u' ,,'<".\-.,. ......... .... . 'c. '. "............ ..' ,"<l""'> .... "'&"-> 9,\'.i ..' '1Q" - '. .' 11 MTR2000 (UHF) 12 UHF Circulator (30W) R4 13 Conventional Operation 14 Add Repeater Operation 15 Factory Installed Duplexor 16 Hardware Rack Kit for repeater 17 AC Surge Suppression Citel 18 NEMA 1 SS White Enclosure 30"x24"x24" Locking 19 Swingframe Rackmount Rails for enclosure 20 Antenna, 30' Mast and Cabling, 7dB Omni 21 Polyphaser UHF 22 Intrusion Switch and Bracket 23 Filter/Fan 24 Thermostat 25 35 Amp Rackmount DC Power Supply/Charger 26 100 ah Batteries, Deep Cycle Gel 27 Rackmount Fusable DC Distribution Panel 28 Battery Tray/Shelf Rackmount 29 Rackmount Panel Blanks 30 AC Supply. Conduit. Breaker. Wire 31 Frequency Search 32 FCC Application Forms 33 Follow up Forms 34 35 36 37 38 39 40 41 Professional Enginneer 42 OEM Drawing 43 Administration ,~~~_i!lceT..tinll 4~- W~~ '4f 1'~ff!f~. 4!~~' .,..: 'MI' M.~:<< '. ....' ". --:iiii. t8\8"$IlIe.Tali: ~rei8ht... ..' 5HI!l0nd . I NO , - ~ - , . . SHEET TOTALS I . ". aTY TOTAL COST 1."'-' '. ,:i;>;:\,~'>, .'.- .,.:;,,\,'" ",-,",.. '.',." )'.;;~W,.,.,. I c 1'.,'" iJ .'., iff!;':;' 4,852.20 3,44'5.05 3.5410.25 1,21:3.80 1,642.20 59.50 225.57 1.793.41 751.04 2,300.93 102.67 71.91 24l16.03 395.75 455.81 396.48 260.82 140.70 B5.39 573.80 2,726.80 1,292.10 2'\12.20 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 3 1 4 4 4 113.70 .. 1 q;':$.5ltOi 1 '.j;;i~,;'34.1 ~i\;>":*_'.l!I .i ' <"!';"'" I" ~;_ I: L,'~;,;!ij1~;'O -7.00% --.-' ~__;r'l:M7,4 2.500/0 \1':.338.3 ----:',\\.,. 29,2~~ r $ 29.2516.74 PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES SECTION THREE Monitored Di!!ital Data DESCRIPTION STANDARD ADDITIONAL COST WITHIN ( UOTE IF APPLICABLE 1 West Well Hil/;h Level Yes No 2 Wet Well Lag-Lag Level Yes" No 3 Wet Well Lag Level Yes" No 4 Wet Well Lead Level Yes No 5 Wet Well Off Level Yes No 6 Wet Well Low Level Yes No 7 Generator Runnin~ Yes No 8 Alarm Horn Silenced Yes No 9 Alarm Light On Yes No 10 Alarm Horn On Yes No 11 Float Voltage Low Alarm Yes No 12 Odor Detector Alarm Yes No 13 MemorylInit Alarm (RTU Fail) Yes No 14 AC Power Alarm Yes No 15 Batterv Fail Yespr No 16 Module 1 Fail Yeslx No 17 Module 2 Fail Yes X No 18 Module 3 Fail Yes X No 19 Primary OK Yes X No 20 Secondary OK Yes X No 21 Phase A Loss Yes X No 22 Phase BLoss Yes X No 23 Phase CLoss Yes X No 24 Phase Sequence Yes X No 25 Pump 1 SS in Hand Position Yes X No 26 Pumo 1 SS in Auto Position Yes X No 27 Pumo 1 Rwming Yes x No 28 Pump 1 Interlock(s) Yes x No 29 Pump I Start Default Yes No 30 Pump 1 Run Fault Yes No 31 PumP 1 Stop Fault Yes No 32 Pump 2 SS in Hand Position YesX No 33 Pump 2 SS in Auto Position YesX No 34 Pump 2 Rwming YesX No 35 Pump 2 Interlock( s ) Yes No 36 Pump 2 Start Fault Yes No 37 Pump2 Run Fault Yes No 38 Pump 2 Stop Fault Yes No 39 Pump 3 SS in Hand Position Yeslx No Inn trinll'>Y R. nll""rf nnlv 40 Pump 3 SS in Auto Position Yeslx No Inn trinll'>Y R. nll""rf nnlv 41 Pump 3 Rwming Yes Ix No Inn trinlpy It nwui nnlv 42 Pump 3 Interlock(s) Yesx No Inn trinlpy & nll~r1 onlv 43 Pump 3 Start Fault Yesx No Ion trinlex & auarl nnlv 44 Pumo 3 Run Fault Yes X No on trinlex & auad onlv 45 Pump 3 Stop Fault Yes X No on triolex & auad onlv THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE 30 PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES SECTION THREE Monitored Dill ital Data (continued) DESCRIPTION STANDARD ADDITIONAL COST WITHIN ( UOTE IF APPLICABLE 46 Pump 4 Stop Fault Yes:\( No nn trinlA'J( It nr uui nnhl 47 Pump 4 SS in Hand Position Yes x No nn trinlA'J( It nr lJ'lrl nn, hi 48 Pump 4 SS in Auto Position Yes No P. nllJ'lrl nnl Iv 49 Pump 4 Running Yes No on triolex & nuad onlv 50 Pumo 4 Interlock(s) Yes No on triolex & nuad on Iv 51 Pumo 4 Start Fault Yes X No on triolex & auad on Iv 52 Pumo 4 Run Fault Yes No on triolex & auad onlv 53 Pump 1 Max Runtime Alarm Yes X No 54 Pumn 2 Max Runtime Alarm Yes X No 55 Pumn 3 Max Runtime Alarm Yes X No on triplex & Quad onlv 56 Pumn 4 Max Runtime Alarm Yes X No on triplex & Quad only 57 Wet Well Level Yes X No 58 Phase Monitor Yes No 59 Pumo 1 Amps Yes No 60 Pumo 2 Amps Yes No 61 Pumo 3 Amos Yes::\t No on tnplex & quad only 62 Pumo 4 Amos Yes::\t No nn trinlpy It nllJ'lrl nnlv 63 Station Intrusion Yes No 64 Pumo Control Panel Intrusion Yes No 65 RTU Panel Intrusion Yes No 66 Wet Well Fault Intrusion YesX No If available 67 Valve Vault Intrusion Yes X No If available 68 Generator 1 Hour Runtime Alann YesX No 69 Rainfall (via rain gauge) YesX No If available i SECTION THREE Monitored Analo rr Data DESCRIPTION STANDARD ADDITIONAL COST WITHIN OUOTE IF APPLICABLE I 70 Wet Well Level Sensor Yes x No l If 71 Phase AB Voltage Yes X NoD 72 Phase BC Voltage Yesx NoD 73 Phase CA Voltage Yes X No 74 Pumo 1 Amps Yes X No i 75 Pumn2 Amps Yes X No 76 Pumo 3 Amps Yes X No on triplex & auad onlv 77 Pumo 4 Amps Yes X No on triplex & auad on Iv 78 Float Voltage YesX No 79 Station Flow YesX No ia software per the city's specificl:l 80 Float Sequence Yes X No 81 Pumo 1 Starts Yeslx No 82 Pumo I Runtime Yeslx No 83 Pump I A vg Amos Yeslx No 84 Pumo 2 Starts Yes Ix No 85 Pumo 2 Runtime Yes X No tion THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE 31 PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES SECTION THREE Monitored Analo[J Data (continued) DESCRIPTION STANDARD ADDITIONAL COST WITHIN (] VOTE IF APPLICABLE 86 Pump 2 AVf! Amos Yes(x. No 87 Pump 3 Starts Yesoc No 88 Pump 3 RWltime Yesoc No Inn trinl",Y It nll~rl nnlv 89 Pump 3 A Vf! Amns Yes x. No nn trinl",y 8. nlll:lN nnl~, 90 Pump 4 Starts Yes No nn trinlAY 8. ouad nnl~ 91 Pump 4 RWltime Yes No on trinlex & ouad onlv 92 Pump 4 A Vf! Amns Yes No on trinlex & auad on Iv 93 Reuse Total Flow Yes No If available 94 Force Main Pressure Yes No If available 95 Generator Starts Yes No an additional I/O may be 96 Generator Runtime Yes X No reauired ~ $430.00 97 System Water Pressure YeslX No If available 98 Total/dailv Rainfall Yes X No If available SECTION THREE Controllable Dil!ital Points DESCRIPTION STANDARD ADDITIONAL COST WITHIN ( VOTE IF APPLICABLE 99 Start Pumo 1 Yes!';] No 100 Start Pump 2 Yeslx No 101 Start Pump 3 Yes[i] NoD "n trinlov R. nll::ln "nl\l 102 Start Pumn 4 Yes X No "n tri;"'lov It n1I::1rl "nl\l 103 Disable Station Yes X No 104 Pump 1 Override Yes X No 105 Pump 1 Disable Yes X No 106 Pump 2 Override Yesfx No 107 Pump 2 Disable Yeslx No 108 Pumn 3 Override Yes X No on triolex & auad onlv 109 Pumn 3 Disable Yes X No on triolex & auad onlv 110 Pumn 4 Override Yes X No on triolex & Quad onlv III Pump 4 Disable Yes X No on triolex & Quad only 112 Reset Pumn 1 Starts Yes X No 113 Reset Pumn 1 Runtime Yes X No 114 Reset Pumn 2 Starts Yes X No 115 Reset Pumn 2 Runtime Yes IX No 116 Reset Pumn 3 Starts Yes Ix No . . & nlJad nnlv 117 Reset Pumn 3 Runtime Yes X No nn triolex & au ad onlv 118 Reset Pumn 4 Starts Yes X No on triolex & auad onlv 119 Reset Pumo 4 RWltime Yes X No on trinlex & Quad onlv 120 Reset Pumo 1 A veral!e Amns Yes X No 121 Reset Pumn 2 Averal!e Amos Yes X No 122 Reset Pumn 3 Averal!e Amps Yes X No on triolex & Quad onlv 123 ResetPumn 4 Averal!e Amps Yes X No on triolex & Quad any 124 Reset Pump I Max RWltime Alarm Yes IX No 125 Reset Pump 2 Max Runtime Alarm Yes IX No THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE 32 PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES SECTION THREE Controllable Di2ital Points (continued) DESCRIPTION STANDARD ADDITIONAL COST WITHIN ( UOTE IF APPLICABLE 126 Reset Pump 3 Max Runtime Alarm Yes X. No . "' R. n11::lrl nnlv 127 Reset Pump 4 Max Runtime Alarm Yes x. No on trinlp.~ R. n11::lrl nnl~ 128 Reset Total Flow Yes X. No 129 Reset Generator Runtime Yes X. No 130 Reset Generator Starts YesX No 131 Reset 1 Hour Runtime Alarm Yes X No 132 Reset Rainfall Total Yes X No 133 Disable Alarm Light Yes X No 134 Disable Alarm Horn Yes X No 135 Silence Horn Yes X No SECTION THREE Controllable Values DESCRIPTION STANDARD ADDITIONAL COST WITHIN QUOTE IF APPLICABLE 136 Low Level Alarm Setpoint Yes~ No 137 Lead Pump Start Setooint Yes X No 138 Lag Pump Start Setooint Yesx No I 139 2nd Lag Pump Start Setpoint Yesx No nn trinlf!~ R. n11::lrl nnlv 140 3fd Lag Pump Start Setpoint Yes X No nn triolex R. nll::lrl nnl~ 141 Lead numn Select YesX No 142 Lag Pumn Select Yes X No 143 High Level Alarm Setpoint Yes X No 144 Lead Pumn Ston Setpoint Yesx No 145 La\! Pumn Stop Setpoint YesX No 146 2nd Lag Pump Stop Setooint Yes X No Inn trinlpy R. n11::lrl nnlv 147 3fd Lag Pump Stop Setpoint Yes~ No nn trinlp~ R. nll~rl nnl~, 148 LeadlLag/2""13'" Start Order Yes X- No 149 Time Based Forced Alternations Yes X. No 150 Max Run Set Point PI Yes X. No 151 Max Run Set Point P2 Yes X. No 152 Max Run Set Point P3 Yes ~ NoD on trinlp~ & nU::ld onlv 153 Max Run Setnoint P4 Yesx No on trinlex & auad onlv 154 2nd Lag Pumn Select Yes~ No on triolex & Quad onlv 155 3fd Lag Pump Select Yes X No on triolex & Quad onlv 156 Water Pressure Low Alarm YesX No If available THIS PAGE TO BE SUBMITfED ALONG WITH PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE 33 ,~G..\.-rY..O.~...,.. .I \ crJ l 1 :r .....\ . /u .'." /""" l", _-,>V 'ON '" VI-CONSENT AGENDA ITEM B.9 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 Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) [gJ June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15, 2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gJ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: A motion to award a contract for RFQ#021-1210-07/CJD to APPLIED TECHNOLOGIES AND MANAGEMENT of West Palm Beach, Florida in the amount not to exceed $122,500.00, for the purpose of studying the Boynton Inlet. The South Florida Water Management District will reimburse all study costs. EXPLANATION: At the March 5, 2007 Commission meeting, the City Commission authorized City Staff to negotiate a contract that specifies responsibilities, deliver ables, terms and conditions with Applied Technologies and Management, a West Palm Beach based Engineering firm. Staff has negotiated the attached contract and believes that this contract clearly outlines the scope of work required to carefully evaluate all facets of the Boynton Inlet and make recommendations regarding potential improvements. The consultant will provide the following summarized services: o Collect, evaluate and compile applicable studies and surveys related to the inlet and Lake Worth Lagoon. o Identify key stakeholders and establish open lines of communication for future consensus building. o Coordinate and participate in a site visit and workshops to present ideas, solicit input and ascertain the range of concerns related to the inlet's current performance and impacts related to potential changes to the inlet. o Conduct a scoping level modeling study of the waves and currents within the inlet to further define practical alternatives. o Identify key physical constraints of the inlet and evaluate potential changes and corresponding environmental, safety, construction, economic and social implications for the range of investigated alternatives. o Identify potential cost share/funding sources for construction and management of any potential changes. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Jeff Liyergood - Public Works Director File r,i "C~/\, ,-T ,~' ,,' ,2"'" 0:', r ~ 0', ' ," j~"'" (; /1- '_., ,,' v- '0 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Most notably, emphasis will be placed on solutions that address significant concerns related to both recreational and commercial boating safety within, and near the entrances to, the inlet. Much effort will be placed into involving the numerous Lake Worth Lagoon stakeholders because support of these entities will be critical in any successful effort to improve conditions with the inlet and lagoon. PROGRAM IMP ACT: The purpose of this RFQ is to improve boater safety and improve water quality with no negative environmental impacts. FISCAL IMPACT: All costs associated with this work will be reimbursed by the South Florida Water Management District up to $160,000.00 AL TERNA TIVES: To not do any improvement to the inlet and continue to be a safety hazard for boaters. Assistant Finance Director Procurement Services City Attorney Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC C: Jeff Livergood - Public Works Director File 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 CITY MANAGER TO AWARD A CONTRACT TO 6 APPLIED TECHNOLOGY AND MANAGEMENT OF 7 WEST PALM BEACH FOR THE PURPOSE OF 8 STUDYING THE BOYNTON INLET FOR A CONTRACT 9 AMOUNT NOT TO EXCEED $122,500.00; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the City Commission at its meeting of March 5, 2007 authorized City 14 staff to negotiate a task order that specifies responsibilities, deliverables, terms and conditions 15 with Applied Technology and Management for the purpose of studying the Boynton Inlet; and 16 WHEREAS, City staff has negotiated the attached Consulting Agreement and 17 believes that this document clearly outlines the scope of work required to carefully evaluate 18 all facets of the Boynton Beach Inlet and to make recommendations regarding potential 19 improvements; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon 21 recommendation of staff, deems it to be in the best interest of the citizens of the City of 22 Boynton Beach to approve and authorize the City Manager to the Consulting Agreement for 23 Fact Finding and Evaluation Study of the South Lake Worth Inlet with Applied Technology 24 and Management of West Palm Beach, Florida, for the purpose of studying the Boynton Inlet 25 in the amount not to exceed $122,500.00. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESOlAgreementsITask - Change OrderslATM (Inlet Study) ver 2.doc Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does 4 5 hereby approve and authorize the City Manager to execute the Consulting Agreement and 6 collateral documents with Applied Technology and Management of West Palm Beach, Florida 7 for the purpose of studying the Boynton Inlet in the amount not to exceed $122,500.00, a copy 8 of which is attached hereto as Exhibit "A". 9 Section 3. This Resolution shall become effective immediately upon passage. 10 PASSED AND ADOPTED this _ day of June, 2007. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ATTEST: 30 31 32 Janet Prainito, City Clerk 33 34 35 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CAIRESOlAgreementsITask - Change OrderslATM (Inlet Study) ver 2.doc CONSULTANT AGREEMENT FOR "FACT FINDING AND EVALUATION STUDY OF THE SOUTH LAKE WORTH (BOYNTON) INLET" THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Applied Technolog:ies and Manag:ement. Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform CONSULTANT services in connection with the project designated FACT FINDING AND EVALUATION STUDY OF THE SOUTH LAKE WORTH (BOYNTON) INLET. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "B" attached hereto, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the city's assigned project manager. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by 180 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $122.500.00 without express written modification of the agreement signed by the City. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approyed. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. CA-1 e. The Consultant's records and accounts pertammg to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coyerage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1 ,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be deliyered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, CA-2 any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiyer of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Consultant shall be sent to the following address: CA-3 17. INTEGRA TED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this _ day of ,20_ CITY OF BOYNTON BEACH City Manager Consultant Attest! Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest! Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA-4 INITL"lU' ____~___ (Tin erry) L'\ IT/AU. ________ (A TJ\1) Attachment "'An APPLIED TECHNOLOGY "'\ND M"A.NAGEMENT PROPOSAL FOR CONSULTING SERVICES ------~-------_._--~.~._-----_.._-~ SOUTH L.AI<E WORTH INLET - FACT FINDING STUDY PREPARED FOR: City of Boynton Beach, FL " . June 1, 2007 1'.\ j ! / PROPOSAI~ FOR CONSULTING SER'/ICES SOl'TH L\KE \XiORTH l\JLET, CITY OF BOY0:TOJ\: BE~\CIl. F INTRODlTCTION "\pplied Technology and !\lanagement ("\T!\J) IS pleased to pro\'Ide the fullowmg PropcJ:<d fell Consulting Services. The Scope of \'Vork outlined herein IS based on pre\~IOU5 d15cusslons WIth the ell\ of Boynton Beach (The Cnv) regarding the South Lake \'{/orth Inlet (Boynton Inlet). Orig1l1allyopened up as a drainage inlet to =prove water quality 111 the Lake \Vorth Lagoon. the mlet has been utilized as ocean access by commercial and recreational small craft. There are eXlstl11g Inlet charactenstics that make navigation difficult and sometimes dangerous for boaters. "\s such tbere are safen' concerns about the current inlet configuration. Additionally, =provements to \vater quality In the Lake \\'onh Lagoon continue to be a concern and alternative means of ImproVl11g the mlet present themsekes through potential changes to the inlet's geometry. .\s the Cm' IS only one of many stakeholders In flm project, it is paramount that all concerned parties become Im'oked at appropnate ic\'Cb 1(> iTY (,) constructively solicit input and build a consensus on the future of the Inlet. It IS understood that the CIty IS undertaking a fact find111g study to assess the eXlstmg condItion and future puteuual enhancement alternauves [0 the Somh ] .ake \\'onh Inlet. Enhancement alternatives should be ranked according to environmental, economIC, SOCIaL engl11eenng. safetv am] construction cntena. \X:ith tills focus 111 mind, ATM has developed tIllS proposal for consulting selTICes \nth the follo\1'ling supporting \vork elements: 1. Collect, evaluate and compile applicable studIes and SUlTe\'S related to the mlet ami Lake \Vorth Lagoon. Identifv ke:' stakeholders and establish open lInes of commUl11catlon for turure consel1SU, build111g Coordlllate and partICIpate in a SHe nsit and workshops to present Ideas, o;U]IClt InpUT and ascenal11 the range of concerns related to the mlcr's current performance and Impact" related to potential changes to the ll1let Conduct a sCOplllg le\~cl modeling stud\' 01 the waves and current' \\'lIh1l1 r he lllie; f() further define practlcal alternatlvcs. J. Identify key phvsICal cOl1Stral11ts of the Inlet and evaluate potenual ;,lId correspollchng en\'1ronmenta1. safcn', CUl1SLrUCDOf], ecunm111C and :;uClal l' >! the range of lI1\'esngatcd alternauves 3 4 (, Ident1fy potcnual COSI shan:/fundmg o;uurccs for constrUCL!Ol1 and manavemcl1l ()( ;l!1'. potentlal changes The follOWIng Tasks summanze the Scope of\\'cnk 10 he performed bl' .\T\1. INITIALS: ________ (THE CITY) INITIALS: ________ (A TM) TASK 1 _ DATA COLLECTION, COMPILATION, AND DESIGN CRITERIA Under this task, A TM will collect all readily available data including but not limited to hydrographic, topographic, and property surveys; aerial/satellite imagery of the inlet and surrounding areas; meteorological and oceanographic data (winds, waves, tides, historical surge elevations, etc.); tidal current velocity variations; environmental studies; inlet and beach management plans; historical inlet improvement studies by others; boating and economic studies; boating traffic studies; and, available design drawings for all inlet structures (bridge, bulkheads, jetties, bypass plant, etc.). Resources for this information include Palm Beach County, FDOT, NOAA/NOS, various /\ TM studies, etc. A TM will catalog all available data collected and will make recommendations for collection of additional data if significant gaps exist that would affect A TM's ability to proceed appropriately with the remaining work. Task Deliverable: A TM will compile available information into a resource reference to be utilized during future work efforts. A TM will develop a working base map for use in future task efforts. Additionally, A TM will establish engineering design criteria of various risk categories based on storm frequencies / return intervals. This will help to evaluate engineering parameters for various alternatives. Task Schedule: This task will be completed within 45 days of Notice to Proceed. TASK 2 - SITE VISIT, PRESENTATIONS AND WORKSHOPS It IS understood that A TM will coordinate on all public affairs with Mrs. Carisse LeJ eune of the City Manager's office on this project. It is anticipated that a brief 5 minute presentation will be given during the June 19th City Commission meeting. A TM will assist in developing a powerpoint presentation that summarizes the current condition of the inlet and the goals of this study. A TM will attend this meeting and be prepared to address any general or technical questions presented by the Commission. ATM will coordinate with Mrs. LeJuene to set up and partiCIpate in an initial site Visit, as well as a two public workshops. It is enVIsioned that a site visit will be initiated early in the process to Invite key stakeholders (Inlet Committee Members, Palm Beach County, local municipalities, Corps of Engineers, FDOT, FDEP, SFWMD, L\XiDD, Marine Industries Association, etc.) to meet at the inlet, tour the area and discuss general inlet conditions, plans for maintenance (bridge, inlet bypass plant, ebb/flood shoal dredging, park grounds, infrastructure, etc.), service schedules, etc. This is not envislOned to be a public forum, rather an open forum for key stakeholders to learn about the focus of the City's efforts and to voice opinions. In support of this effort, A TM provide a contact list for appropriate representatives from Palm Beach County's Department of Envliorunental Management and Parks and Recreation, the Marine Industries Association, and others. A TM will attend the site VIsit and lead dISCUSSIons where appropnate, answermg questions and providing pertinent information on the l11let and ItS function/ performance. - 3 - 1\ 1/ 1.\ i I! .-\dditionally, it is antiClpated that two public workshops would be held dunng the 1'ron", The first would presumably occur Just after the l11ltial site Visit and would be a public forum: 0 ]1rc;;cn: l11formation on the current stams of the mlet and bnetlr outline the C11:\"s plans for the m1e, dynamics and alternatives to lmprove the 1l1let. SpeClfic plans or alternam-es will not rather an outline of the smdy's path fOr\vard and acknowledgement that a range of altLTIl:tIl\"C' eXl' spanning from no action to \\'ldel11ng and re-structunng the 1111et. It 1S el1\'1;;10ned thai tile (H: A TM would create a 15 mmute presentation (pO\verpol11t) for public V1eW1l1g, followed iw opc1llng [he floor to the public for questions. comments, ete. The l11tention would be to gather public Opll1lCll1 documenting any preferred changes to the mlet. concern;;, recommendations, ete. At the end of this study, having completed Tasks 3 and 4 here111, a second public workshop would be held to present the f111dings of the study, along wlth nable alternatlves to modifYlng the rn]et It l' envisioned that a 45 rrunute powerpoint presentatlon would be developed b\ /\.T.\1 for 1]11' ;;econd workshop. A.s with the first workshop, it 1S antlclpated that pubhc comment would foUow [ill presentation thereby allowing the City to gage varvl11g degree;; of public suppon for the \'anou' al tern a tlves. Task Deliverable: A TI'v1 Will assist \vith developing three powerpo111t presentatlons and handout materials for the Commission meeting on June 19th, as well as for each of the pubhc workshops During all meetings and presentations, "-\ TM will record rrunutes and will produce a SUmlTlan' of meeting notes to be presented to the City within 5 bus111ess days of said event 'Task Schedule: TillS task 15 dependent on the ability to schedule the prescribed lnceLlIlg~. I l l~ anticipated that the site visit will occur within 30 days of ]\'TP, and the first workshop wlth1n (,Ii daIs of NTP. The final workshop should occur Wllhin 1 SO days of NTP. --'-_._--.._~~---_..._~-~--_..,-------_.~~---_._-~.._,._---,- _.__.~--~-~,._--- TASK 3 - CURRENT AND \X'AVE STlJDY A TM will conduct a current and wave smdv to further define eX1Stlng conditions and allow for the quantitauve assessment of project alternatiyes. These studies will be based on eXlstlng and readih obta1l1able data 111cluding batlwmetn', tide mag11ltude and phase mformatlon, currem ;Ind W,[ler 'lualJ[', data. No additional tleld data collectlon effort IS proposed. Calrbral10n will be based on eXlS llllg data As part of tlllS stud\', A TT\I will perform the follow1ng tasks Current Stud,'. :\ current/ Huslll11g mode] Will be c1e\'lJoped for the 11lict CUI LlSll1g thl' EnvlIonmental FlUId Dvnarruc Code 'EFDC) model. TIllS model W1]] focus un the hvdrod,'na1TllC condinons W1lh1l1 the VlC11llt\ of the mlcr. The model will be usc:d 10 as:'ess changes 'vVllhln the 1I1lct VIC1l11t\. due to alternatl\T llllet configuratlons. \\aln clllalin evaluauons will be limited to quantified changes due 10 111]et h,'c1rodnlamJCc and \nU f( JCU' on the 1I11et vIClnil\~ - -+ I,".:rnAU: ________ (Tii E CITY) Ii,'lJJAU' ________ (ATM) . Inlet Wave Study An inlet wave model will be developed using the Bous2D model. Model calibration will be conducted based on existing and readily available data. No field verification efforts are included within this task. The model will be used to assess wave conditions within the inlet for various typical wave and tide conditions. The modeling effort will focus on the development of alternatives which reduce hazardous conditions within the inlet. Task Deliverable: Model draft results will be summarized within a memorandum for revie'w by the City. This will include representative figures and model animations. Full description of the modeling effort will be included within the final project report developed within Task 4. Task Schedule: It is anticipated that the model study draft results will be completed within 150 days ofNTP. TASK 4 _ ALTERNATIYES ASSESSMENTS AND RECOMMENDATIONS SUMMARY Under this task, A TM will focus on developing a range of alternatives with the goal of enhancing the inlet's navigation safety, as well as the water quality within the Lake Worth Lagoon. Additionally, options that increase vessel size will be investigated. A rough outline of the alternatives assessment report is as follows: A Provide a brief historical synopsis of the inlet's history and current usage, including summaries of boating incidents and boater profiles based on the results of the boating market study (Task 3). B. Describe the physical attributes of the inlet as it stands today, mcluding: a. Channel dimensions, depths and mamtenance requirements; b. Jetty and wave attenuation structures; e. Beach management and sand bypassrng programs; d. Bridge construction and clearance; e. Navigation approaches and lighting; and, f. Existing property and adjacent land uses. C. Correlating vessel limitations related to the mler's geometry. D. Present up to five structural and non-structural alternatives ranging from the "No ,-\ction" Alternative to significant re-structunng of the mlet (widening and deepening). E Ranking of alternatives according to the followmg critena: a. Physical - Changes to inlet geometry, structure requuements, with resultant effects on storm surge, tidal current velocities, additional dredging requirements, sediment transport impacts, property requirements for expansion (if any), ete. - 5 - I \, b ~avlgation and Safety - Level of navlganon safety offerC'd over w]Hr .' c"'lTvn place. e. EnvlIonmental - \\'ater gualm: llnpacts (lirnlted modeling to be pert'oImecl \ntl: regulIements for recording current measurements withll1 the l11lct;n \'anous locations) and other direct lmpacts to manne resources related to proposed 1l11prOvements would be assessed. .\n Opl111011 of permiwl1g feaslbllm' \\111 be offered for each alternative d. Econonuc - PotentIal econonllC llnpacts and order-of-magnltude COl1strucnon cost estimates related to each alternative. Suggestions for fundIng opnons and available sources \vill be 111cluded under tlllS section. e. Stakeholder Imerests - ,\n outline (matri:, summary) of stakeholder, and \':lnOU: interests of each 111 the inlet, l11clud1l1g an)' opiruons gathered dunng the srud\ process (site visit, workshops, ete. These may include public bUSIness Interests. county ll1terests related to property loss, beach management, etc f Construction schedule - A prelumnary eswnate of the amount of time regUlled to complete construction of the each alternative and the total time that the mlet ma\ be closed completely or opened for lunited penods of time. F Provide recommendations and a path forward based on the findings of the stud\ Task Deliverable: Two paper copIes and one electrol11c cop\' of a draft report will be pW\'1ded ru the City for review and comment, followed by ten paper copIes of the final documen I and one electromc copy (Adobe pdf file) on CDROM. It IS antiClpated that the second public workshop would occur near the end of this task and that the City would provlde comment to finalize the draft report and alternaaves analYSIS. Schedule: It IS anticipated that the draft report will be proVIded to the CIty \Vltllln ] 50 da\'s from N'fP Draft f111alization 'Hill be dependent on reCclpt of comments from the Cif\" :1nd lS anriClpatt.d within 180 days from NTP. ADDITIONAL SERVICES AND EXCLl1SIO)'.;S Additional serVIces not ll1cluded 111 the above scope lllc1ude, but arc not linuted to the followll1g · AdditlOnal site VIsits, presemauons, or meeting;; benJl1d tho:;e de:;cnbed herern: · Hydrograpluc or topographic surveys; · Envlionmental1ll1pact assessments, pennllung. elc. · .let probes or other subsurface gcotechmcal lllH.:;tigaflow. conng and ,ampll11g. lab lc,unl.;. ete · Prelinlinary and/or Final eng111eenng de:;lgn and construction documcnt'. :lI1d. · Blddll1g phase sernce:; and con:;tructton managemcnt or SItc l11spectJom beCore. ()1 :1fle1 cons auctIon. If reguested by the City, :\ Tlvf \viU prOVIde fee eSflmate;; for addwonal SCIYICeS The:;e ,(TYKC' ca!l be further defined and scoped at a more appropnate flme - (, ~'-('''''''''~<''';;''04,''''''''l>.V~''~'''I'~~"",,,,,,,,..?i'l;~'",,,.'',,,,,.", INITIALS: ________ (THE CITY) INITIALS: ________ (ATM) SUMMARY OF PROFESSIONAL FEES Task Fee Estimate CD 1- Data Collection, Compilation, and Design Criteria $ 8,500 2- Site Visit, Presentations, and Workshops $ 12,000 3- Current and Wave Study $ 39,000 4- Alternatives Assessments and Recommendations $ 38,000 Summary Contingencies for: Additional Meeting/Presentation (per 8-hour event) $ 2,500 Hydrographic Survey of Inlet and Adjacent \X!aters $ 12,500 Field Measurements of Tidal Currents $ 2,500 Boating Traffic Study (quantify inlet vessel usage) $ 5,000 Additional Reproduction of Materials $ 2,500 (up to 50 copies of Final Report) CD .. . Fee Estlmate IS not to be exceeded and covers ProfesslOna] Labor plus estimated expenses for travel, reproduction, communications, equipment, ete. "7 IlIllWi, IlIilia/., ."1 A t t a c h 111 e 11 t "B" FEE SCHEDULE l. The fee shall be equal to the number of hours actual]y expended directly on the prOJect b) individuals. multiplied by the hourly rate for the indlvldual. plus reimbursable C\penses The: hourly rates to be used at Applied Technology and Management, Inc (A PV1) for ThlS pr01l'ct ~l~l shown below: Principal Engineer/Scientist $140-$280/hr Senior Modeler I $170/hr Senior Engineer $110-$170/hr Staff Modeler $110-$140/hr Staff Engineer $80-$145/hr Associate Engineer $80-$100/hr Professional Surveyor $120/hr Draft/CADD $55-$100/hr Engineering Technician $45-$95/hr Document Coordinator/Technical Editor $65-$95/hr $40-$70/hr Applied Technology & ~1anagement. Inc. Page 1 "..;..".,"".""~.;,-.k~;;;;'A~""""""""'"",~'OilII.;n..,,,c"',,,,,;,,,"""-'i."_'"''''" i".~tr.''''.'~~'~.' '1 " cO); ,r 0\. .. /i,~1J " /~, v r~ ;~-"~0 v CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM B.l0 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) r:8J June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15, 2007 April 30, 2007 (Noon) 0 July 17,2007 July 2,2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM r:8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: A motion to negotiate a contract with Glatting & Jackson of West Palm Beach for the "LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES FOR CONGRESS AVE. COMMUNITY PARK AND BOUNDLESS PLAYGROUND", RFQ#028-2730-07/CJD. Glatting & Jackson is an architectural firm with barrier-free design experience for the construction drawings, permitting and project management of Congress Community Park and Boundless Playground. EXPLANA TION: On January 10, 2007, Procurement Services opened and tabulated (6) proposals to our RFQ, "LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES FOR CONGRESS AVE. COMMUNITY PARK AND BOUNDLESS PLAYGROUND". An evaluation committee was formed and reviewed all proposals. The committee consisted of: WaIly Majors, Recreation & Parks Director; Tom Balfe, Parks Manager, JaneIle Sloan, Recreation & Parks Advisory Board Member; Kevin HaIlahan, Urban Forester; John Wildner, Palm Beach County Parks and Recreation Department. A numerical scoring system was utilized to evaluate each proposal against requirements established in the RFQ. AIl the proposals were ranked based upon the evaluation criteria. Attached is the ranking sheet. It was determined that Glatting & Jackson of West Palm Beach was the most responsive, responsible consultant that met all criteria. PROGRAM IMPACT: This firm will design the Congress Ave. Community Park and Boundless Playground. FISCAL IMPACT: ACCOUNT DESCRIPTION: Landscape Architect Consultant ACCOUNT #: CP 0617 302-4298-580-63-05 ESTIMA TED EXPENDITURE: $250,000.00 (2006-2007) Anything over $2.5 Million that was aIlocated to this project will be raised through donations, foundations etc. AL TERNATIVES: Not to develop the park. Assistant Finance Director City Manager's Signature ~ S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Wally Majors - Parks & Recreation Director Jody Rivers -Parks Superintendent File RFQ FOR LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES FOR CONGRESS AVE. COMMUNITY PARK AND BOUNDLESS PLAYGROUND FINAL SUMMARY SCORE SIIEET RFQ#028-2730-07/C.JD ~----------~ NAME OF COMMITTEE MEMBER WALLY-Mf3C)RS- -"-"---'--'~-'-'-- JOHN WiLDNER ---~_.~-"-- TOM BALFE KEViN HALLAHAN ~.,~,~._.-.-- JANNELLE f_~:,q_AN _ TOTALS PLACEMENT I _ ______ ____ ---- CALVIN GIORDANO & ASSOC. 28 62 .------ -- ------- 41 67 45 243 5 GLA TTING & JACKSON KIMLEY HORN. LAND DESIGN SOUTH THE RMPK GROUP,INC. ROSENBERG GARDNER D1<:SIGN 63 58 -~_.._-_.--~---" 83 83 -_..------ ------~-----~'- 62 55 ___ _________._.____ _______._________n_____ ~__ 79 77 --- 93 88 ---~-~._,----_..__. ---- ------ 83 ----~--- ----- ----_.__._~------- 80 12 59 39 66 100 93 _.._-~._._. --- 90 81 95 60 50 323 459 347 3 4 90 434 2 40 -.--- _F6 RECREATION DEPARTMENT MEMORANDUM NO. 07-49 TO: Bobby Jenkins, Asst. Finance Director FROM: Wally Majors, Recreation & Parks Director DATE: April 13, 2007 SUBJECT: Landscape Architectural Consultant Seryices - Congress AYe. Community Park and Boundless Playground Six firms responded to our request for proposals for Landscape Architectural Consultant Services for the Congress Ave. Community Park development project. The following panel was created to review the proposals: Wally Majors, Recreation & Parks Director; Tom Balfe, Parks Manager; Janelle Sloan, Recreation & Parks Advisory Board Member; Kevin Hallahan, Urban Forester; John Wildner, Palm Beach County Parks and Recreation Department. The panel met on April 11 and the proposals were scored as follows: Glattin & Jackson The RMPK Grou , Inc. Kimley-Horn & Assoc. Land Desi South Calvin Giordano & Assoc. ,Rosenberg Gardner Design 459 434 347 323 243 216 As a result, based on Commission approval, we wish to negotiate a contract with Gladding Jackson to provide Landscape Architectural Consultant Services for development of Congress Avenue Community Park and Boundless Playground. We respectfully request that you place this item on the May 15 Commission Meeting agenda. /wm RFQ NAME RFQ NUMBER: DATE TIME: NAME OF COMPANY ATIENDANCE SHEET FOR RFQ SELECTION MEETING (Please Print) REPRESENT ATJVE LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES FOR CONGRESS AVE. COMMUNITY PARK AND BOUNDLESS PLAYGROUND 028-2730-07/CJD APRIL 11, 2007 -~-----------~._--- 3:00 P.M. ~ 7t)f/ s.tP1i~ JqvR. $" Go rR l- A h~ W<.Yt tli rl.-- PHONE NUMBER W/AREA CO[)E~~ (5{,I\ 'IJ 3~ b 7tJ 7 f6( fA~~.s f Rf;C -So!fw W/LhN6,e. Cit~ lJt BQynffLvL&A_7~ Balfe C- 'Bc___ m~___m~ ..~ H'/I17lli" ~ nIYI\\vt/UVYY\/ ~() 1N. \2. \ --J ~s #11f::6 /*wtl. A~0'~'V'~ fCLl-rCh, \d I()CJ ,E BaVI1/tJ'A .BetA..Ch &fvd 7l{d-~d.Q , , -=tL\. z... . to L C ~ -- -- _.- ~--_.,._,.__. .__._._._.~------------~--'---'---------'--'-------'---- ---.- ------------- ----- 2:ZZ Cl/ill/pnS s1: wrl3 I F" ;31D I S~I ("!J'~,'Z. fN31 W f'6 E ht beL r c.?--~-c) -i.::rr" r:'L '3 ~3 '-{ D 7 C~I) ~-5-o00S FAX NUMBER ($~/) 16 3 -r; 73'1 7l{;;-(;09~ +qc'Caz~-; ~f~ 17:)D CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EV ALUA TION CRITERIA Name of Firm: Rosenburg Gardner Design ,---- Points Criteria Maximum Points Experience with design of public spaces, natural areas, parks and site plannil~g. 20 19, Experience with development of construction drawings and bid specifications, and 20 /~ construction observation. Experience with design of barrier-free parks, facilities and playgrounds. 20 I,.. Experience with development of signage and graphics including wayfinding and interpretive 10 'f exhibits Experience with development/restoration or wetlands 15 10 Certification in LEED (Leadership I Energy and Environmental Design) 15 0 TOTAL 100 5'1 - Reviewer ~~ CONGRESS A VENUE COMMUNITY PARK AND BOUNDLESS PLA VGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITEIUA Namc of Firm: Thc RMPK Group [Criteri" ------ ---- ----- -- --- - -------- - ---- -- - I ~:elicl~ce with (:~gll of PI~iC spa:n:tural a:s,p'~~~'-and ,: Plannll~g ---=-=-- Maximum roin ts Points 20 I Experience with development of construction drawings and bid specifications, and construction observation. 20 /B I-~"~ ~-~--~----- "~~---"--"-----"-------"" ---~-"-----~--~-- lEXl)~rlence ~vA~119~sigrl(1fQ~!i(;~:=!r~~Rarks,J~~i!i~~s a~~(!J~laygr~!jnc~_~_____~_____ _ ~_~__ l 5 _ _ I I I I Fxperiencc with development of signage and graphics including wayfinding and interpretive l_~~hi~i~~- ______ ------ I Expericnce with developmcntlrestoration orwetlands 1_____"_ ----"" " ""-----" --- .---- -----"- " " ---"-" _"__.__"_""___U_""_U_".__.__~___~_"__ --"--~-""""-""-" I LCertification in LEED (I,eadership I Energy andEnvironmental Design) f~ -- _ ~----=---- - -- ---=:-----~-------------~ =-- -------- -- - - - I l ~!'QT ~!~ 10 g 15 "___/.5_ 15 I~ __ __~__L_l 00__ grg _I Reviewer k k ~~./ ) V~ .-~-~----_.~.~ CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EV ALVA TION CRITERIA Name of Firm: Land Design South Criteria Maximum Points Points Experience with design of public spaces, natural areas, parks and site planning. 20 /7 Experience with development of construction drawings and bid specifications, and 20 construction observation. 17 Experience with design of barrier-free parks, facilities and playgrounds. 20 l'f Experience with development of signage and graphics including wayfinding and interpretive 10 ~ exhibits Experience with development/restoration or wetlands 15 IS Certification in LEED (Leadership I Energy and Environmental Design) 15 15" TOTAL 100 g3 Reviewer ~ W~ r;7 CONGRESS A VENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EV ALlJATION CRITERIA Name of Finn: Kimley Horn I 1_~~I)eriel~ce,,-^-i!~9~~~LSJR!l1e!1-V!~~t()!ati()11 or wetlands 15 um Points ts -- )~ ) /7 ~.__.- ---- l~1 ) b I -~- --' I I I)- --... ~,~- IS- .~--- ----- 0 g-3 .-- Maxim Poin Criteria Experien~~_\\llth des!gn_oLpubli~_~p~c:~"-,jlatural areas, parks and site planning. 20 I Experience with development of construction dra\vings and bid specifications, and I construction observation. I Experien::,: IiI design Ofl~arrier rr:par:s, facili :s ~:d~;:y~roun~~- - !--- - --~-----~--- . --.--- --~..- ----.-.------ ~._- ._------~- ---- -----~-~---~-_._--~--- 2( 20 i I Experience with development or signage am! graphics including wayfinding and interpretive I exhibits l( Certification in 1,EED Le~dership 1 Energy and Environm~lltal Desig~l.____~_____ 15 I~---~~- I LI9T AI., 10 Reviewer CONGRESS A VENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Firm: Glatting Jackson Cl'iteria Maximum Points Points Experience with design of public spaces, natural areas, parks and site planning. 20 )g Experience with development of construction drawings and bid specifications, and 20 construction observation. J'[ Experience with design of barrier-free parks, facilities and playgrounds. 20 Ig Experience with development of signage and graphics including wayfinding and interpretive 10 exhibits 1 Experience with development/restoration or wetlands 15 1'1 Certification in LEED (Leadership r Energy and Environmental Design) 15 I~ TOTAL 100 13 - Reviewer ~ t7 . W~ CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Firm: Calyin Giordorno I i ! Experience w I h'b" I ex 1 Its I l Expcriencc w i I I Certification i F-~~-~ lrOT A~~__ Maximum Points Points -~ -- ~ ith design of public spaccs, natural areas, parks and site planning. 20 /S" ~- ith development of construction drawings and bid specifications, and 20 bservation. 17 - ith design of barrier-free parks, facilities and playgrounds. 20 /'1 ith development of signage and graphics including wayfinding and interpretive 10 {)* --------.---------- -_....._-------~-~--~---_._-,--~-----~---------_._-------_._--~_..__..._-_..--- ---- ith dcvelopment/restoration or wetlands 15 II -~~- -- n LEED (Leadership I Energy and Environme_t1tal Design) 15 0 ----- ~- 100 6J- ---~ ______, ._n.__.... .____.___nn_..___ . _..._._--------_._-_._._--~_._'--_..- - ---_._-.._~------~-- -- I Criteria I_Experiencc w I Experience w construction 0 Experiencc:w ReViewer-r-mtr/~ CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Finn: Glatting .Jackson Criteria Maximum Points Poin ts f3B, Lo,"';;.'.'5:,,', I'\lIJ' C";".Fy..{f'f~\ S 118rH Fr,.,!s PMtd coo"",,,, COl.l~) LI'*~r,..n.\:;, c,,"" ~...... i>,(~k I l:xperience with design of public spaces, natural areas, parks and site plmming. :?I~C;.~jl~-: fJ~iq,.!/'C - P(3(~")1'i h:..R.-/~h", /i.J,.h';v(., I wGsrCAti GYfIol,VAS,(.(,>, Experience with development of construction drawings and bid specifications, and construction observation. ---~~~ - .. ------~'------;-:-" ,------:~----.::--~--;"--;-~-~---- !3AP',jr;;' ,-'>AN''''' (t.I~d~e Ltl"}U\ C 011.oJ;""'/ Otf"(I/!L PI..I-)y,-"..""n L~1!c~wl""Cl, Expe!jence with design of,barrier-free Earks, @cilities and jJlaygrounds. .' .~ )' , .j",.-l..... ~~', ;.... :: , 5' --. , I ~ ,~ ,,,, , ( \ 1 .J ,~j,,~ -~1 r!~~ ,. t5.1!."J' ~,." ., !.,I./l,.. i1,,(C,1)11'/ "I ,.-fh.~''''l.. '-}:.1" \., - T 0/ a,l;",~ ; <",,,.'.'', . , " c.,",; ,I. ,-", i ,\ .....,A. "'", I 'r1'o;1'u '~1 . t. '-1,: , .. 1$" ,., . - ~... . , " , ' ! o"" t:5~C ~"..~:) "-_l~1 t'" I~';; Experience with development of signage and graphics including wayfinding and interpretive exhibits SAP;I' {';''r,'i:'S' h<'li\'<! L.f1/-(.bJ""'~ C6h<...II/\1i'fi ,rJ~ili~ fIIiJf('<<:.t'L'" C.4"lI;lf-:"/,,. Experience with d~~_elopm~I.1.t/restoration~~_ wetla!!~~_,~_ 20 /2 20 )9 20 )8 10 c; I 15 ) II Ccrtific.<!~o~J'n LEED (Leadership I Energy and Environmental Design) __ ------ 15 /s fRo; I · :---"-6 /..flI1''''''':; ..J7....~~;: r-~: ;;:.-- "" }. _._~----_._.._~--_._._----._-~.._..._---_._-_.~._---_.-"'- 100 13 TOTAL / ~/~~ /,t / l / '. ,'u )'.' /" t..4" ..',".". , ReVIewer / .i"~~// i/~>' L.' ".::!-1.>;,,'.,' PI .~-_._~,--~,-,---, /. / / ( .. , . , I''': .s:7;'f Gt'-L,Jt~-~'~;- s/ i .l-l ;' ",1 f:;!~.: (' ~A\/I1' ~l. J 9,<4/~r~'~ fll,c~ : CJ1l}r-(: ."3C: _J.,."i: 1/-7/~ ),z..' ~, >.> ~c;: '~I ; i'~' ,'[f i-I, f~t{!) ,,: ;~..,.c~.s.(.;i}~t, <: t, >'..,) Fh...-.q",\..l.1':;;,i:.~..., ~,#., s f5?.'1: u .f.-;"pc~ . }..-' .<;-" ,:"""':.l,(~!.'/t - Pf.."",.V'j ...',,' ~ a,'-';.'/1 t // "f,'/ ,r;; fq_"~f-1'1 .-" i"" /,j-" ....'~., 1 ... ~"" !'..,~~. CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Firm: The l{MPK Group Criteria -------------.-------1 Maximum I Points Points -_.~--~--_._-- ----- 20 /7 H\~iZ.s~^' 7A;~-;::--'..J f2s f ,sdV.-\F\,., _> ,oAAK I ~ ~A.bt $ - fj~;"';;~:i: I;'.;p;::;-- - Experienccwith design()f-publicspaces, natural areas, parks and site planning.__ ___ -~p A- A RC-I"- ::- f'^J~ .l';~f~i ,oM-.'-:C;t!:~~'A,/<;t i~P-S-:--i~()t;;;,--jS~M1>-- -~---- I:x periencc with development 0 f const ruction dra\vings and bid speci flcat ions, and construction observation_ 20 In , '6 Experience with design of harrier-free parks, t~\cilitiesandplaygrollnds. f -.. --------.-----.. -.-.-~-..~---.. -------...----- ----.-- ------ - --~~.- ---- ._~---- Sf:" '0.&<;,;"J - No.ecfi'V.s j. CA 5 UiA--'o'\-v,C" ';'<'f~.-n / I Experience with dcvelopment or signage and graphics including wayfinding and interpretive cxhibits r{f$.ti'i~ ^rl;-;J-?Ar'lII'AI~J -Cj.ijj~(- CA'1 w,?'tz;~;,;rls i 10IN"j ,,'--'~~1,~~7:;'~;:''1 Nfd"l" Pif!f,4~;1i 20 JS J() T (-~ Experience witJ1n~e_veJopr~lent/restorati(lt1 or wetlands 15 ",#' I:) I ,I]]) Leader~~l1_p_ I r<,ncrgY.<ln~ ErlviE()!1112~n~~D~~gllL___ 15 100 '8 Rcvil'wl'r ~/I -/ I~/' / I ~,"'." "'...! ;,.- ~--~-~ , ;/ lll!{l~i'J t/ // /, CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Finn: Kimley Horn Criteria Maximum Points Points ,.J' (n" ,),,:. A. ,'.. ,(,"\..".~ ~ C'. .\ 'c Q. J ,'.,..,.. e_.. \,/'.11.-_.....,'1:,.- r)),,/". tC 1 _.-iJ.1,./ ,_';.,...t~',..- t"'q\l\.) l~::I..../V\'I1 ...H:i,,;,,"'/1u/o(. CtJY,.....".fIV;r ~ ik\l?t'r ....i~a/f.J.l...<-,-/! ......:./_~,." EXI?~riencc ~lth design of public spaces, natural areas, parks and site planning. 20 )9, W l'~.\:;') ,^'> H.t\! ~ l r -t ,,-. Expericnce with development of construction drawings and bid specifications, and construction observation. 20 /7 ....rll")).'4,,,. 1,"'_~\,;,_" Jt"j I~~,l\,';!, .-- L-,.',~~ r~:'L ),".' ,:. ,;; .'-"' ) , ...Jv f ~ ;~, , ""';'/"b:l"";.4~ ~ Experience with design of barrier-free parks, facilities ~nd playground~_ -1!) IV ~: r ".\. Experience with developmcnt of signage and graphics including way finding and inte'1Jretive exhibits 20 10 (1 : . l:l~.'..i, ?:>C, ..Ci.:.f..)b'C;"i'....i ((g"t....""... SeAc,,'\ i.u'."!""':~';: ,(;ilA') Experience with development/restoration or wetlands L ,.l'h l ~,~ I [!'..' -. n -----"----I.L----__ 15 ) :) Ce-;tificatiol;yn LEED (Leadership I Energy and Environmental Design) 15 /5 TOTAL 100 X'> kJ j J/ Ij --' Reviewer ~ /)';~1, /'/ ... (/ . /' Al/," d'l".,. ?" ) ./ !.:-- / ..~ ~....... ,~. CONGRESS A VENlJE COMMUNITY PARK AND BOlJNDLESS PLA YGROlJND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITI,~RIA Name of Firm: Land Design South Criteria --- -' - '-1 1\1 ~:~~~~lIl"O;;lt' l Ixpcn~lIcc w~hdcsi~lI or~ui~li~:s~:~"nal11r~~r;,'a/;~;:;~~lnJ site plallllill~_ _ _ ~- '20 .~ .- _.1. 20 '\I~~ __ ..~_ 20 _..J.'!.. I I I 1 () II I T \_.. 15 . /.'J 1=. IS ..1 Lxperience with developmcnt of construction drawings and bid specifications, and construction observation. F;\perience wi th de..:,,-Lg~() r barrier-li.ec p~rks, j'i1ci1 i ties al1~~J) I(lygn)~~llds. 'v) f,-I l" tj ji ji i ; .'~ t:t' I :\pcriel1cc with devclopment or signage (md graphics including wayllnding and interpretive exhihits \ J. I i~ \ \ " \-.-u t'; L ) (~fJ..F.1.S;,~ \ ,.~,. I' e '.. DXE~rience \~.itll_clevel<!l~ncnt/rcstoratit)~t)r wetlan.0s '.; f-t -~ C ~rtiD~(1ti()I~ i_li)I~I'~ l~ D_ (I ,e(1(1~~11i Ell ~nc~gy ~~1d EnvironmcntaUl~igll)_____ -----~.-- --- TOTAL tOO \'(.~ Revit'\\l'r \,f CONGRESS A VENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Firm: Calvin Giordorno Criteria Maximum Points Points . r,.,',. ., 11/ (.l I",," . . ' ~. : ., i, '.) J" t/.J fp,~.JC f ,D/;{t A A\bif.lJ.O' 20 /~ Expenence wIth desIgn of pubhc spaces, natural areas, parks and sIte plannmg. (~ 0 ./'J$'''''i?l.~ (..7,,',:J.'t,j e.",'':;'J ').'; (;:-'/" ~J~ Si;<:t<::"",,..;.r.:;, Experience with development of constmction drawings and bid specifications, and 20 J ,-, construction observation. ' / .-, . .j~' \ ..'" 1..~.i~} j-( Ro -I 14 A'" i~~K ('/)i iXf'?'~F') t>...iU., 1'<-1,1,'1.... 0',,)'1.<"" ) ~ .'''~l f-' \ ,.-' ., ,.- I.> -.' I /'1 Experience with design of barrier-free parks, facilities and playgrounds. 20 / -.J-f'-f ;;~ t..-,'::: (.':~:';J ' :.'1." ,) . ,_.f ,,.0 ...~. ...... i I' j' .-,~ ;~,?d-,' .....ift' ';"._ Experience with development of signage and graphics including wayfinding and interpretive 10 ~,,,.,.... " exhibits ....J C..;", ' 'rl.l_1f k:.. Pt'0f$t"i:4 [)Au\<" ,) 1- 1'<' i'''.-') i~} II Experience with development/restoration or wetlands 15 .<';:. Certification in LEED (Leadership I Energy and Environmental Design) 15 0 I J TOTAL 100 b Reviewer ;,~ .~ ,! 't ~i /.:,.{4., / j ,;;, ...~ +' .T" ".'- .." ...,^ ,,--~l..'~ (: CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Firm: Rosenburg Gardner Design I Criteria ! 1---- , . , nUn_un _.' Ie --,---- -j b~--.~~,-I----- 'I' If.' I" -!, .' v, p~xperiel]CC\'1i thde~i gll (~l' pl~121i~~sE.a~~s,natul'<.11_a.!~.'1~ parks_.'11~d site 12l(mning~, __' I j)~) J-- ,'. L;:~-r':" . (.' \ \ ; ,l': ',,~j. ~J; it ;',,' (~i ~- /~ I Fxpcricnce with development of construction drawings and bid specifications, and i construction observation. Maximum Points Points 20 ,r7 / /; 20 I i ~.~ I I\,"\f , 1-' . .1r' jl' .,,~' I ; ll~xp~'jel~~~ with desigllof harrier-freep'~I.:ks,J}I~litLe.::>~'l!~~_p~~ygro~n(ls. __n___ 20 ,. Fxpcriel1l:e with devell)I)Jl1l'nt oj' siglwge and graphics including wayfinding and interpretive exhihits 10 ,I ')\jlcriencc wi th development/rcstoration~)~_\'I~tLaIld_s._ __n_. ._ -. -- -...-... ] 5 ('ertit}~at JOIl_in I,LIJL(I.c<]~er~l~ip LI~}erg)' ~12i Etl'liroI1I~~_ntal pcsigt1)___________ 15 ,) 1:,"1 __L_l ()Q___ Ii Rcviewer CONGRESS A VENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Finn: Calvin, Giordano and Associates - -~- Criteria Maximum Points Points --- E~per!~~ce with design of public spaces, natural areas, parks and site pla/IDing. 20 -t-Ll- Experience with development of construction drawings and bid specifications, and 20 construction observation. IJ -----_._- - J~xpel~I_1c:e_with design ofbanier-free parks, facilities and playgrounds. 20 C) Experience with development of signage and graphics including wayfinding and interpretive 10 \, exhibits L) Experience with development/restoration or wetlands 15 ~ Certification in LEED (Leadership I Energy and EnvirorIDlental Design) 15 () ~, ~- I' Q. TOTAL 100 /J. b ___~LL, Reviewer . ' -- L ,~ -" CONGRESS A VENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPI~ ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERI.A . -. __n. ------r---'~ Maximum PO... ints Pain ts ---~.._--_.- ---. -.---.....- -- O ')Q' 2 e! ) Namc of Finn: G latting .J acl<son -~._--_. ._---_.----~_.._-_.._._-~--- --- ---- -- Critcl"ia __~ith cl(;~ignofpll~l~c~pace~,r!aJ:~lral aI'(;~~,J2~!:s and_site planni~&:___ Fxperience with development of construction drawings and bid speci fications, and construction observation. 20 Expc:r-ietlc~~ v",itb dc~ign 0 r barrier- fi-ce rar~.:',t~lci lLties and playgi"()und_s:____ 20 lxpcricllCC with development of signagc and graphics including wayflnding ami interpretivc exhibits I t_ IS L 15 l~,,-pc~-icncc ~",ilh Je.~cJOl)I!!t.:ntlrcstoratioll_or wc.t1!lnds_ ('crti lication i~EH)_ (1 ,eadership 1 Energy and_!~nvi~-()nll1en~! D~~ign) _____n__ _ ______ __ _. _ 0__ _m_._ _ TOTAL 1..____ 100 Reviewcr 10 , ) ~~::~ &2_ I II if:/ / - ~ ,. ,I ! 1/ - --- ,I - -{L,,------ , ,r I /.'. -vLL .-- JI. '/.' > jl /vl--..- --- ---- --- CON GRESS A VENUE COMMUNITY PARK AND BO UNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Finn: Kimley Horn & Associates Experje ~_._._. a Maximum Points Points f ' nce with design of public spaces, natural areas, parks and site planning. 20 I L) nce with development of construction drawings and bid specifications, and 20 /) ,<, U j } ction observation. ''\. L/ nc~~L!~desigI~<?i)~rrie!::fre~parks, facilities and playgrounds. 20 nce with development of signage and graphics including way finding and interpretive 10 , --~------~---_._--_.__.---_. -- .~~~--- __~_L:::_ nce with development/restoration or wetlands 15 11- ation in LEED (Leadership I Energy and Environmental Design) 15 /:S' ---.--..--- ~f1 100 0) .--- , Criteri Experie constru Experte Experie ex hi bits __~xperie Certific TOTAL Reviewer .----------- / ~---.......-/./ i /-'"- CONGRESS AVENUE COMMUNITY PARK, AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Namc of Firm: Land Dcsign South ~~ritc~i:l ).______ ___'_"'U___ ___.._._~,__ ---'-~'-- I I I~xp~_~i(:'nt:~~_",vitll (~~ign orpu2Iic~Ea~e~ na~ur(lG~E~(~'uparl,-sand ~~~ylal~!illg:__u Maximum Points Points 20 f) --~ --- I I II Expcricncc with developmcnt 0 f construction drawings and bid speci fications, and , construction observation. I I !Expc:ricnce_~,,:ith dc~ig~lor b~l~Eier~frec park~Ja~ilitic:~aIld~playg~()un~~. --------- 20 /~; --~--- 20 Lxpl'ricnce with dcvelopment of signagc and graphics inclllding wayfinding and interpretive 10 exhibits F~~perience wit!I_~j~vclol]E2eIlt/r~~()E-a~L~)!1 or W~!l_(l~l~S___ ] 5 CcrtiflcatioE_il]. LEILQ (1,~adersl~~2..1 _1~12~!.gyand En_viro~lm~ental Dcsjgr1- ___ 15 r' i /.. L-,~'- TOTAL 100 ,..,../'lJ r:: ,~ __,,--J12ft'. I\CV1c\Vl'I CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EV ALVA TION CRITERIA Name of Firm: The RMPK Group Criteria Maxim u m Points .gxperience with design of public spaces, natural areas, parks and site planning. 20 Experience with development of construction drawings and bid specif1cations, and construction observation. 20 Experience with design of barrier-free park0acilities and playgrounds. 20 Experience with development of signage and graphics including wayfinding and interpretive exhibits 10 Experiencewith development/restoration or wetlands 15 Certification in L.f::ED (Leadership I Energy and Environmental Design) 15 TOTAL 100 Reviewer ~-------- / /-~- ,. /e' Points ( (~.< ) (1 (.\ ^ l/ ~-,,, {;) Q r: ) ....... . /); (1 f) CONGRESS A VENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Firm: Rosenburg Gardner Design Maximum Points Points 20 L. -------- ---~---_..---_.._--_..- ---+- / I . ___ __ ___ _.t? 20 20 . j<.xperieIJCe with development of' signage and graphics including waytinding and interpretive 1 () exhibits J':X peri ence wi th devc!op~l!~nt/r~~~()~ation_or:\lct!L~~~~~ 15 C erllficati~,!l in L Lc}.': D (Leadt?~-shiE !Xn_~.&y. ~~1~lJ.~~i!0Il11]~I:talQesi .l1n )-~. 15 / \ " I I ' --~~~ -- ----- -_..- ..~- ---- ---_.-.----'" JOO \. i/) l~ TOTAL Reviewer CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EV ALVA TION CRITERIA Name of Firm: The RMPK Group Criteria Maximum Points Points ~. Experience with design of public spaces, natural areas, parks and site planning. 20 '/' :' I -. . .~..- Experience with development of construction drawings and bid specifications, and 20 construction observation. -~.- Experience with design of barrier-free parks, facilities and playgrounds. 20 Experience with devclopment of signage and graphics including wayfinding and interprctive 10 exhihits -~~---~, ~._..~~~ Experience with development/restoration or wetlands 15 ~ Ccrtification in LEED (Leadership I Energy and Environnlental Design) 15 TOTAL 100 5-~ Reviewer ./------, ., ---..-- -- /' ) '--, / /,~-1~~" \. /'....___..F< ....---;-- f:L/>t.-~ .:~F' _"v'- ~- - [.-/ t-.- " /.:-' ~. . CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Firm: Land Design South Criteria -~~ rMaxi~u~l~oiIrt;l I Points t- I ~ 1--- ~~-----I - 1 ~-~-1- 20n~l_ --- 20_\ I Experience with design 01 public spaces, natural areas, parks an(site pl~lll~i11g. _ ____ _______ __.. ______.__.m. _._______~,_.____.._______.~._.___~_____._.._._____._._. --- -. . - Lxperience with development of construction drawings and bid specifications, and construction observation. F~l)~,'iencc with desi ()Lbarriel"::ltcc EarJzs, ra<.:illtie~(1!1cll)l(lygroUll~~.____ 20 Ixpcricllcc with lkvcll)pl11Cllt of signagc and graphics including waytinding and interpretive 1 () cxhibits I~xperiencc with dcvelllj1l11ent/rcstoratlo!!_5)r wetlands 1 S Certilicatiol1 in I YI.:\) IeadeEshipI Energy a!!~_Enviro!:!!.T]~lltal ~~<.:~ign)_ 15 TOTAL 100 ~_~J l~cvic\Vcr c"=c__ ~/ ~~0~ CON GRESS A VENUE COMMUNITY PARK AND no UNDLESS PLAY G RO UND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Firm: Kimley Horn & Associates ~- Criteria Maximum Points Points !?<perie~cewith de~ign of public spaces, natural areas, pa~ks and sit~ platU1ing. 20 , Experience with development of construction drawings and bid specifications, and 20 construction observation. --"-_.__._----~-~------_._-_.__. -~~--_.__. ----- Experience with design of barrier-free parks, facilities <Ind playgrounds. 20 Experience with development of signage and graphics including wayfinding and interpretive 10 exhibits --~-- -.-- Experience with development/restoration or wetlands 15 Certification in LEED (Leadership I Energy and Environmental Design) 15 TOTAL 100 GO .---_.~'''".-..~.- :> Reviewer .......---...., i l /7 L// ),./ /:-~;-77 . ...~ .---:>'1/1. CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Namc of Firm: Glatting .Jacl{son Critcria IM;~:~t~:\l'o~nts l _20+ ~ 20 Fxperiel1ce with design of public spaces. natural areas. parks and site planning. -..---- .._..._----~---_. ---"--- ------'- --~,--_.._- --------~---_._. ,----- .------- ,------ ----.---,.--..-----.---------- ~-------_...~-------~._- Experience with development of construction drawings and hid specifications, and construction observation. 1_~~I)ericncc ~vith d~~if01 of ~)(l~rier-rre~J~~k~2-~~~i!itiS'_anclplaygr(:lu-I1~~ 20 Ixpcric1JlT with dnclopmcnt of signage and graphics including waylinding and interpretive exhibits 10 Experiencc with developl11ent/rest()]~alion or~vet~I~(ls 15 Ccrtiflcation in LITD (l.cadcrsllip I [~Ilcrgy and EI]viI~)\1mel~~J Desig~lL --~---- ----- - .--...--- -. ...- 15 TOTAL .1_I~LJq[ I lZeviewer ./ /' _0---,-----'-----:-:-- - ~,.~-~---,_.- z C) --I f) .;~~ C, /f/ it) C(7) . e5-) Id;lIlJ I_I .c:" D,j /\ /,...,..., / J If' II' ,c7 '" I .I <.->;' .,' Fo('''' ,1 ii,) "',, ./ L((/ L.l .. j 1}l CON GRESS AVENUE COMMUNITY P ARI( AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Finn: Calvin, Giordano and Associates C ------ rite ria Maximum Points Points ! )(periellce with design of public spaces, natura!~reas, par~s and site planning. 20 xperience with development of construction drawings and bid specifications, and 20 nstruction observation. ~- ._-~,- xperience with desig~~f ~arrier- free parks, f~cilities and playgrounds. 20 xpcrience with development of signage and graphics including wayfinding and interpretive 10 'hibits - t xperience with developme~lt/restoration or wetlands 15 _ertificatiol1 in LEED (Leadership I Energy and Environmental Design) 15 l_ OTAL 100 'Is - E E co E E ex E c T Reviewer '_~2 ,:.=-~~--~_./:~i<.7<L/! / .,~ CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Fiml: Roscnburg Gardner Design - - ___ - .._~___~.__ _____~______.__~____._ _______ _U'___'___ Maximum Points Points [ C~itcria I~~ __' ___~___._.__.__ ______________ .__..____________._.__ n_n..__ ______________________ ~L~perience with desigllorpublic~<;l)aces, natu!~l are<l~,l)arks<l~~d si~~pl~ll~!~ng.__ I Fxperiel1ce with development of construction drawings and bid specifications, and I CO~lstlyction obscrvation. ______ ~ _______ -- - --- ---- ---- I 11 ~x l~ericnce \\ii thiesig~lor bal!ier-li.~eJ~<lrks, li~c;iU ticsal~~J)layg~~)~nds. 20 20 -y= 20 I, Lxpcril'I\Cl' with dcvc1opmel1t of signagc and graphics including wayfinding and interprctive : exhibits I__~n I II;xper0nce withlic"\lcl()pmeJltlrest()n~0011_or wetlil~!9~_ I I ! Certification in LEED (Leadership 1 Encrgy and Environmcntal Design) ! ____nun n ..~ .__~___~___ n__.~_~__ ~.~-----~-~---~~--------~~ ~-~ In i b ~: J~~ ;% i-- I I TOTAL (D ~J 100 Revicwer ~:::-'::::"-----= CONGRESS A VENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Firm: Calvin Giodorno ()..- L -- Criteria Maximum Points Points Experience with design of public spaces, natural areas, parks and site planning. 20 is Experience with development of construction drawings and bid specifications, and 20 JS construction observation. Experience with design of barrier-free parks, facilities and playgrounds. 20 0 Experience with development of signage and graphics including wayfinding and interpretive 10 3 exhibits Experience with development/restoration or wetlands 15 B Certification in LEED (Leadership I Energy and Environmental Design) 15 0 TOTAL 100 l:\ \ .'~ :.> \ j \. \\ J\ (~ ) \ \J Reviewer ~ Eaf-<- CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EV ALlJA TION CRITERIA Name of Firm: Glatting .Jackson Critcria Maximum Points Points - __ ____'____n__ .....__._________.._________.___,____~__._______.____~----~.-----.------- - E>(pei~~~ce \vitll__d_c:sign~~LFLl~~ic spac~s2-~l(ltural areas2- park?_ and si~~planning. 20 :xn Experience with development of construction drawings and bid specifications, and construction observation. 20 (.;? 0 _.._2()__ _ ~...)O _ ~xp~ienc_e_~ithdes~g~~(~~~~Ti~rire~~~~~2facilities and playgroun(j~:_~ _____~_ ~ ~ _ ex Experience with development of signage and graphics including wayfinding and interpretive exhibits 10 [- '_I Experie~c~ with devel()pll1ent/resl.<J!(itioll or wetlal~~____--______-_~----~__ 15 /'/'~l ~~ _C_crtific(lli<?~l_~~l Lf~~g (I,e(ii~shirJ_Encrgy andEnvironmental Design) 15 TOTAL 100 i \ ---------.--.-,..----..,------------.-.-- ....-.---..---------.--.-.- -- ---_._.._---_._-~_.._------_.~-----~.-_._---- -. r ...L.-/" Reviewer ~;La-j1.,~- ~i (~}IJ ~ CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Firm: Kimrey Horn Criteria Maximum Points Points Experience with design of public spaces, natural areas, parks and site planning. 20 /7 - ~-- -.-~- Experience with development of construction drawings and bid specifications, and 20 J ,.... construction observation. I ..:) -- Experience with design of barrier-free parks, facilities and playgrounds. 20 <. ',,) Experience with development of signage and graphics including way finding and interpretive 10 ";.._~ .. c exhibi ts Experience with development/restoration or wetlands 15 r~' .) Certification in LEED (Leadership I Energy and Environmental Design) 15 ),.r TOTAL 100 v>......--/ Reviewer c.:/O.rY1 ') Jj'ft CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Firm: Land Design South ~cntcr:_= -~_~--=~~ n~-~=- -~~~__- ___ -- \ Experience with design or public spaces, natural areas, parks and site planning. [~__u u____u__u_~~u__u~~~_~~~__ ~ Experience with development of construction drawings and bid specifications, and construction observation. Maximum Points Points /0 _u~~-~ 20 I. I "....1 -~------------_._.__._--"-_._-~-~_.- ._-~_.._._-~_.. - ----- _._~--~._~-,--_._~-~----.._._----_.__.- Experience with design or barrier-rree parks, facilities and playgrounds. 20 1~~cl:I1<~C W:-:CVC~PI~c,:nf Slgllage and graphics including WaYI~n~i~g and-:er:etive 10 i exhibits___~_--~----- ~uu__u___~________ ~-~~-- 11_ r~x pel~i cnce \~j~~d_~v~lopm~~1~~~storati~1~r_\Vetlands__--_-uu__ .____u_ ___ ___~ u u ~~rtifica0on il'1_Gl~E12__(I'_ea~ership l!:_n~rg'y_ and E~1_~i!~1mental I?~~ign) __~U__ ~______u__u_ _~15 C .J ! ;) Lr - -----.----------"-.----------.--. -_.._---_.-----_.._--~-_..,------~--_...._------_.- TOTAL 100 ~I . "J Reviewer ,::::Ld.:1J.l ~3~ CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Firm: The RMPK Group Criteria Maximum Points Points J;:xperience with design of public spaces, natural areas, parks and site planning. 20 / S/ Experience with development of construction drawings and bid specifications, and 20 f?J construction observation. Experience with design of barrier-free parks, facilities and playgrounds. 20 IS Experience with development of signage and graphics including wayfinding and interpretive 10 /0 exhibits Experience with development/restoration or wetlands 15 /' ..0, /,.) -- Certification in LEED (Leadership I Energy and Environmental Design) 15 /0 ... TOTAL 100 1..' '----- Reviewer (~t'1 OJ /:) ''I- CONGRESS A VENlJE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Namc of Finn: Rosenburg Gardner I---nu------- Criteria Maximum Points Points Experience with development of construction drawings and bid specifications, and construction observation. 20 IV /g if) Expcricnce with design of public spaccs, natural areas, parks and site planning. ~._.__._._. .~, ~_._____...______.__m_._._.___._._"'___'__'~_'____"_.---"------------.- .-- -~-- 20 I lOx peri clIc"-'vi ,h design"] barrl er ~ Iree park s, I.oi Ii ti es and pia ygro IIl1ds. 211 I Experiel1cc with development of signagc and graphics including wayfinding and intcrpretive 10 Lf I exhibits ____ ______________________~ ~ ~.____n____.._______ ~ u________________ o l~?':e~~iel~t:e\"'i!~ de~~!op~nent/restoration or wetlands 15 ~- Certification in LEE!) Leadcrshipl Ellergy and~f~J~':'i~~ment~~D(~"'_~c~_ -- ---------- 15 6 TOTAL 100 {" 'f ,7-,-/ ~ Reviewer d-fk11!l J=.)~- ------------ ~~ CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Finn: Calvin (;ionJorno Criteria ---- ~~xp~ljenc_~~ Experience wit construction 0 -,---- Experi_cnce wi Experience wi exhibits Experience wi Certification il TOTAL Maximum Points Points atural areas, parks and site planning. 20 /ft? - on drawings and bid specifications, and 20 L '3 s, facilities and playgrounds. 20 ! 9 ~-- nd graphics including wayfinding and interpretive 10 if .-- r wetlands 15 ID -- y and Environmental Design) ]5 (j , '1 100 ~ ---- !h design o(public spaces, n h development of constructi bservation. th design of barrier-free park th development of signage a th development/restoration 0 1 LEED (Leadership I Energ Reviewer~_ k~~L(I..,-""-",, J tn-r c71/i/ "- (, /VV / ,_ 8'fp (Jill t! "lCe:...- kt"' '7 .r; '07 ~l+- If -, -07 CONGRESS AVENUE COMMlJNITY PARK AND BOlJNDLESS PLAYGROUND LANDSCAPIj~ ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Nal11l' of Firm: Clatting .Jackson Criteria l\1axilll~n II Poi~;ts Points -- - - - lei 20 -~---- l--~- I \:pericnC:l' with dcsign of pL~I)lic sl)aeC~,natllraI ar~_as,j1arks ~~~gd si~plar~ning.n -- -_.---- Experience with development of construction drawings and bid specilications, and construct ion observation. 20 /4 ExpericI1CC wit~(~~:,,-ign of b,lrrier-fi~~~J~arks.J'~ciliti~~~-,-~d pJ~l'!l~~~lmd.'):_____ 20 /) [.\pCriCI1Cl' \V11I1 dC\C\upl1\l'nt ()!' sign,!!!c and graphics including wayfinding and interpretive exhibits 10 e Fxpcrience\~i!l~ dcvelopmcn1lrcs_t'2!'ation or wetlands 15 1;;2- I) (.erli [ll~,itG)n i n~~I'l) (I ,cadersh ~pLI:~lerg)'~l!~iF~~ironmcnt~ll ~l2~"igll) ~ 15 TOTAL 100 '{)'( !{CVll'WCl !/!~ 1./. ~/ / ~ If d. I/- (v2I ,__ {','fl' t (</~.[t / )VIce (JlIeIZCt!f p I Cf I) I) )'\,7 v' I e 1-<15 e Xpc"flIN'/ (d CONGRESS AVENUE COMMUNITY P ARI( AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Namc of Firm: J(imley Horn -~----_.-.- Critcria Maximum Points Points J2rerience with design of public spaces, natural areas, parks and site planning. 20 /'3 Experience with development of construction drawings and bid specifications, and 20 /9 construction observation. ~----- Experience with design of barrier-free parks, facilities and playgrounds. 20 ltf ----'-------- ------ -- Experience \",ith development of signage and graphics including wayfinding and interpretive 10 )- ex hi bits -~ Experience with development/restoration or wetlands 15 II Certification in LEED (Leadership I Energy and Environmental Design) 15 12 -- TOTAL 100 71 -~- _.._~------" .----.------ --~ ~-- Revicwer__1Jj_---Iktt~ CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLA YCROUND LANDSCAPE ARCHITl~CTURAL CONSULTANT SERVICES EV ALlJA TION CRITERIA Name of Finn: Land Dcsign South Critcl'ia 11 MaXir;ll~;1 Points Points --~ . 2(~_._t IS 20 / 7 [xE~riencc \vi!tl.~~sign oi'put)lic sJ~~ces, n(l~~lrat~~reas, patj<s..'lndslte l?lanlli~lg:_. Experience with development or construction drawings and bid specifications. and construction observation. I I g J I C; ! _ ---1 L~XpCl~~~l~l:e with dcsigll of barrier-rre(?[l~l~~, {a~iEt~es(111d_l?!~ygr~lllr19.~_._. 20 I. "pcrienct' with development 01 si~Jnage and graphics including wayi'inding and interpretive exhibits 10 F?(j1crience \vi th dev~!~E~~~11t/I.~SI()r0ti()11.or wet lal\(.l~_ ~_. 15 9 Certi 11catio~1~I-,I~FD (I ,c(~ll~~sllip I Encrgyand 1~11Vir()I~r1!ellt(JLQ~sigr!1..____._. 15 9 TOTAL 100 r'-J '7 I( Reviewer F-0. {( LLC[{l L(l '- ~r: /fd.ffl4~ e. tv! u . />f7{/J<\.tG t'ir/~"'- '" CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLAYGROUND LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES EVALUATION CRITERIA Name of Finn: The RMPK Group --_.__.~.._~-_._--- - ------- CI-iteria Maximum Points Points Experience with design of public spaces, natural areas, parks and site planning. 20 IL{ I--~---- Experience with development of construction drawings and bid specifications, and 20 -- j) construction observation. --------- ~~- --- /6 -- Experience with desigl~ ofbanier-free parks, facilities and playgrounds. 20 -- Experience with development of signage and graphics including wayfinding and interpretive 10 7 exhibits Ii -- Experience with development/restoration or wetlands 15 Certification in LEED (Leadership I Energy and Environmental Desig!1) 15 II{ TOTAL 100 ~O ~- --._----- ___._~_L_..__~__ -- Reviewer Kt fI~({IL,C-tG.~ {/I -e 'Iper f? 'Lcf?2 ~ 'ifr'(?r::'tLc-ed CONGRESS AVENUE COMMUNITY PARK AND BOUNDLESS PLA YGROlJND LANDSCAPE ARCHITECTlJRAL CONSULTANT SERVICES EVALUATION CRITERIA Namc of Firm: Rosenburg Gardncr Design Critcria M~lxill1um Points Points 20 / I !~xperi~~~e with desigl1 or public space~~1a~lralar~(l~-, l~l!l<-",,-_~~c!siteJ)lal1l~!~___ Fxpcricnce with development of construction dra\vings and bid speci fications, and construction observation. 20 bperience with desi or barrier:Iree p(~t~l~s_ faciJitiesilndJ.?}aygr<:)~1I~0~~.~ 20 Fxpcricncc with devclopmenl or signage and graphics including wayfinding and interrretive 10 ! cxhibits i I Lxperience with development/restoration or wctlands i-....---~---_.-'-,._---~.__._~----_... -. - "'_. . ---- ... ", .-_.. u____ "-----.--.-.---------.-----.---- ---"'-~-'-'--- 15 I I CCl1 i jjcation in LEE\) (Lcadcrship I Energy and Environmental Design) r-- ~ ~. - --~---~-- -------- --- -- -- ~___m_______ ~ I I I I I 1 15 ~---------~----~- -~~~ - ~-----~~---------t---~---~--- ____ .1__100 11~QI~L I\evicwcr )/ \ 'i t:~-} ~ I '(i / /l ( x.JL/(~';"------- '--~~- --._--------------- /r; /7 CJ /1 e {; (, ~ s rflV' ''-5 ,v{J I . , I ". 1/" VI {'( PIP f' ,< !Jr' r I {.u, ( S 11?c' .1 5 PI/)!"I' <t ., t'-(' ~H '-{-{,.07 /..g.-fJ- 'I --, iJ '7 Ii l'l I I \ II II ~...,".Ii ~\, n \, Ii \ J > VI.-CONSENT AGENDA ITEM C.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requesled City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meetin~ Dates in to Citv Clerk's Office 0 April 17. 2007 April 2, 2007 (Noon.) 1ZJ June 19,2007 June 4,2007 (Noon) 0 May 1, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18, 2007 (Noon) 0 May 15,2007 April 3D, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM C''') ~ Consent Agenda 0 Legal 0 C)-i 0 -..I :=;-< 0 Code Compliance & Legal Settlements Unfinished Business :r.: --.-~ '-- 0 0 :;pa .,"'1j Public Hearing -< I, ,,~- ...,.... ! '\",-) no .;;:- :;0-..:: :;~ :z: RECOMMENDATION: ~ ~~ l\lotion to approve and execute by resolution Task Order #U07-1-1 to Arcadis, for pro(essio.n,m engineering services related to the East Water Treatment Plant Chlorine Conversion P~ect~ $67,634.00. ::;:: EXPLANATION: On July 17, 2006, Task Order U06-1-1 approved Arcadis to prepare an Infrastructure Rehabilitation Evaluation of the East Water Treatment Plant (EWTP). The objective of rehabilitating the EWTP is to assure functional and reliable service until 2020. Four phases were defined to implement this objective: Phase I - Analysis and Report; Phase II - Design & Permit; Phase III - Bidding; and Phase IV - Construction. Arcadis completed Phase I and submitted the report to Utilities on February 7, 2007. The report addresses several areas of concern including repairs to existing equipment, plant structure and replacement of specified existing equipment. PROGRAM IMPACT: At this time, City staff recommends we move forward with Task Order #U07-1-1 to provide engineering services for Phase II - Design and Permitting to replace the existing gaseous chlorine system with bulk sodium hypochlorite. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC Sl"fV Oi:- I ... ..', ""- " ," .... (~ \ 1ll i, I :r 0\ Iv J-.., <" \'" "'~ ~~~< ON v CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Environmental Protection Agency (EP A) regulations have become more stringent regarding the use of gaseous chlorine, and replacement of the existing gaseous chlorine system with the installation of a bulk sodium hypochlorite system designed to meet or exceed EP A regulations. Using a bulk sodium hypochlorite system would eliminate the need to store gaseous chlorine at the EWTP without compromising current disinfection properties while decreasing operational costs. The most important advantage for conversion to a bulk sodium hypochlorite system is the protection of City residents from the accidental release of chlorine gas. Other components for rehabilitation of the EWTP will addressed in the near future. Task Order U07-1-1 includes Alternative A for Phase III - Bidding, if the City decides to publicly bid the project. Subsequently, Phase IV - Construction costs will be negotiated separately if needed. FISCAL IMPACT: Funds are available in Utilities account #403-5000-590-96-10 WTR112. Terms and conditions under Request for Qualifications #065-2821-03/CJD for consulting and engineering services were approved by the City Commission on 11/18/03 and renewed on 2/13/06. The engineers' Opinion of Probable Cost for construction is approximately $350,000. APPROVED I AMOUNT $ 24,500.00 $ 67,634.00 $ 92,134.00 TASK ORDER U06-1-1 U07-1-1 TOTAL S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~.".\"('.. V.O..'" ~- "1 J: 0.. . ...~ Jv ~'\- . A"" ""ON ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: The replacement of the existing gaseous chlorine system would protect City residents from possible chlorine gas release and satisfy EP A regulations before they are mandatory. The alternative would be to delay the installation of a bulk sodium hypochlorite system, face increased equipment costs in the future, and not realize potential operational cost savings. ~>~~ Kofi Boateng, Utilities Director Kurt Bressner, City Manager Carisse LeJeun Assistant to City anager Utilities Department Department Name Attachment - Three (3) Original Task Orders #U7-1-1 bc: Kofi Boateng, Utilities Director Michael Low, Deputy Utilities Director (YPete Mazzella, Deputy Utilities Director Chris Roschek, Engineering Division Manager -fV'lpauI Fleming, Sr. Project Manager Barb Conboy, Manager Utilities Admin/Finance Project File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC II I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 , 19 201' 21 , 22 23 24 25 26 RESOLUTION NO. R07- 057 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF TASK ORDER NO. U07-1-1 WITH ARCADIS U.S., INC., TO PROVIDE ENGINEERING SERVICES RELATED TO THE EAST WATER TREATMENT PLANT CHLORINE CONVERSION PROJECT IN THE AMOUNT OF $67,634.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 17, 2006, Task Order U06-1-1 approved Arcadis to prepare an Infrastructure Rehabilitation Evaluation of the East Water Treatment Plant; and WHEREAS, City staffrecommends the City move forward with Task Order U07-1-1 to provide engineering services for Phase IT - Design and Permitting to replace the existing gaseous chlorine system with bulk sodium hypochlorite; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize the execution of Task Order No. U07-1-1 with the Arcadis U.S., Inc., to provide engineering services related to the East Water Treatment Plant Chlorine Conversion Project in the amount of $67,634.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confim1ed as being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby approve and authorize the execution of Task Order No. U07-1-1 with the Arcadis U.S., S:ICAIRESOlAgreemenls\Task - Change OrderslArcad,s - U07-1-1.doc Inc., to provide engmeermg servIces related to the East Water Treatment Plant Chlorine Conversion Project in the amount of$67,634.00, a copy of which is attached hereto as Exhibit "A", Section 3. This Resolution shall become effective immediately upon passage. 5 PASSED AND ADOPTED this ~ day of May, 2007. 6 7 8 9 10 11 12 13 14 15 16 17 18 " 19 20 21 22 23 24 ATTEST: 25 26 27 Janet Prainito, City Clerk 28 29 30 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CA\RESOlAgreements\Task - Change OrderslArcadis - U07-1-1.doc R07- 057 TASK ORDER NO. U07-1-1 - East Water Treatment Plant Chlorine System Conversion. A. Background ARCADIS is pleased to submit this proposal for engineering services in connection with the conversion of the existing disinfection system at the City of Boynton Beach, East Water Treatment Plant (WTP) from gaseous chlorine to liquid sodium hypochlorite. New provisions to the Environmental Protection Agency (EP A) regulations for facilities using gaseous chlorine have become more stringent. Risk management planning and concerns of large-scale leaks have resulted in a push towards the use of sodium hypochlorite at these types of facilities. Sodium hypochlorite is safer and easier to manage then gaseous chlorine while maintaining similar disinfection properties. ARCADIS herein referred to as Engineer, shall perform the services as outlined below for the City of Boynton Beach, hereinafter referred to as the City. B. Scope of Services The Engineer understands that the project will include demolition details for the existing gaseous chlorine disinfection system at the facility and the design of a new sodium hypochlorite based disinfection system to replace the existing system at the City's East WTP. The systems to be designed include bulk storage tank facilities, secondary containment provisions, chemical feed metering systems and piping manifold and delivery systems. The following specific tasks shall be performed by the Engineer: Task 1 - Design Prepare plans and technical specifications for the proposed sodium hypochlorite bulk storage and chemical feed systems to be installed at the City's East WTP. In general the design shall include the following: Page 1 of 7 a. Conduct a kickoff meeting at the City's office to establish project objectives and confirm design criteria. Attendees of the kickoff meeting shall include representatives of the engineer and appropriate staff from the City. b. Preparation of demolition plans and detail drawings for the decommissioning of the existing gaseous chlorine systems including the removal of all chlorination equipment and gas cylinder scales. Demolition plans and details for the decommissioning of the existing air scrubber system which currently services the gas cylinder storage building will also be completed under this item. c. Preparation of civil and mechanical drawings for the installation of a sodium hypochlorite bulk storage system at the East WTP. Preliminary discussions with the City indicate that the preferred location of the proposed bulk storage system is within the existing gas cylinder storage building. d. Preparation of mechanical drawings for the installation of self- contained chemical metering pumps systems. The metering pump systems shall be a skid mounted system delivered to the site with a pre-piped manifold complete with pressure relief valves for blow-off of sodium hypochlorite off-gas. Preliminary discussions with the City indicate that the preferred location of the proposed chemical metering systems is within the existing gas chlorinator room. Furthermore, it is also assumed that the metering system will be designed for "plug-and-play" in a standard 120 V AC receptacle. e. Preparation of civil and mechanical drawings for the installation of sodium hypochlorite feed piping to the designated application points at both the "pre" and "post" chlorine dosing points shall be included. Additional chlorine dosing points may be added as requested by the City. f. Preparation of a detailed construction sequence/plan for the conversion of the existing disinfection system from gaseous chlorine to liquid sodium hypochlorite. Plan shall outline the proposed means and methods required to ensure uninterrupted service/operation of the water treatment plant processes for the duration of the conversion activities. It is anticipated that the proposed construction sequence will entail the specification of temporary sodium hypochlorite bulk storage and chemical feed systems, which will allow the Contractor to demolish and Page 2 of7 Sheet No. 1 2 3 4 5 6 7 8 9 10 11 12 construct the existing and proposed systems in a safe, timely manner. g. The Engineer shall coordinate with the City's designated instrumentation and control (I&C) contractor, to facilitate the integration of the proposed I&C systems into the existing supervisory control and data acquisition (SCADA) system at the site. As part of the design, the Engineer will develop a detailed process flow diagram of the proposed disinfection system I&C components. The process flow diagram shall also specify the operational control sequence of all specified components. The use of the City's I&C contractor will reduce any ambiguity and allow the City to maintain a single point of contact with regards to the modification of the existing SCADA system at the site. Furthermore, it will afford the City some price protection by allowing the City to complete this portion of the work under previously negotiated rates. h. Submit a set of plans and specifications to the City at the 60% and 90% completion levels for review and comment. Upon receipt of any comments from the City, the Engineer will meet with the City, as necessary, to address any comments prior to revising the plans and specifications. Engineer shall provide an estimate of probable cost with each progressive milestone. PRELIMINARY LIST OF DRAWINGS Sheet Title Cover Sheet Existing Site Plan Proposed Sodium Hypochlorite Disinfection Systems Flow Diagram Existing Gaseous Chlorine Building Demolition Plan Existing Gaseous Chlorine Storage Building Caustic Scrubber System Demolition Plan Proposed Sodium Hypochlorite Feed Piping Plan Proposed Sodium Hypochlorite Bulk Storage Facilities Mechanical Plan Proposed Sodium Hypochlorite Bulk Storage Facilities Mechanical Section Proposed Sodium Hypochlorite Chemical Metering System Room Mechanical Plan Proposed Sodium Hypochlorite Chemical Metering System Room Mechanical Section Proposed Sodium Hypochlorite Process and Instrumentation Diagram Mechanieal Details Page 3 of7 PRELIMINARY DESIGN CRITERIA Average Daily Flow (ADF): Assumed Peaking Factor from MaR's Maximum Daily Flow (MDF): Average Sodium Hypochlorite Dose: Average Sodium Hypochlorite Usage: Maximum Sodium Hypochlorite Usage: Maximum Sodium Hypochlorite Usage: Number of Chlorine Dosing Points: Preliminary Bulk Storage Volume: Bulk Storage Tank Material: Preliminary Chemical Metering Pumps: Type of Chemical Metering Pumps: 10 MGD 1.5 16 MGD 12-16 mglL 100-135 gal./MG finished water 21 mgiL 175 gal./MG finished water 2 ("Pre" and "Post") (2) - 7,500 gallon tanks Dual-walled polyethylene 6 (Four duty/two standby) Continuous Duty- Diaphragm Task 2 - Permitting The proposed modifications will require the preparation and submittal of a minor modification to the existing Florida Department of Environmental Protection (FDEP) operating permit at the East WTP. At the 90% completion level, ARCADIS will prepare for City review and approval all the necessary FDEP permit application documentation for the Palm Beach County Health Department (PBCHD). Once the City has accepted the 90% design and permit application packages, the Engineer will submit the permit modification to the PBCHD. The engineer will act as the Client's liaison during the permitting process. Once the FDEPIPBCHD permit has been received, the Engineer shall proceed with the 100% design documents including all drawings and technical specifications required for bidding and subsequent construction. Task 3 - Bid Phase Services The Engineer will follow the City guidelines for the bidding phase services. This shall include the following: a. The Engineer shall distribute plan sets to the prospective bidders. The cost for production of the contract documents will be borne by the prospective bidders through purchase of the construction documents from the Engineer. The Engineer shall maintain records of the plan holders list and provide a copy of the list to the City on a weekly basis. b. The Engineer shall provide document mailing and pre-bid services, such as maintaining plan holder's list, answering questions from potential bidders, and providing technical Page 4 of7 support to the City for Contract Documents addenda; addenda will be issued by Procurement Services for the City. c. The Engineer will provide response to technical questions from prospective bidders and suppliers and provide technical information to the City for addenda that will be issued by Procurement Services as appropriate. Technical information for up to three addenda is assumed in the budget for Bid Phase Services. d. The Engineer shall review bid packages received, prepare bid tabulation sheet and due diligence form and recommend award. e. The Engineer shall assist the City in conforming and preparing the Contract Documents for execution by the City selected Contractor. f. The Engineer shall issue integrated conformed sets of Contract Documents including, the Schedule of Bid Items, the Contract, and the General Conditions for Construction, Technical Specifications and project construction drawings. Supply two (2) sets of Conformed Contract Documents and electronic drawings for the City and awarded contractor. Task 4 - Construction Phase Services The Engineer shall provide engineering services during all phases of construction for the conversion of the existing disinfection system from gaseous chlorine to sodium hypochlorite. The Engineer shall provide technical assistance to the Contractor selected by the City to ensure the proper installation of all proposed systems in accordance with the Contract Documents. Upon completion of the construction activities the Engineer will prepare Record Drawings accurately depicting the construction details of the proposed systems. The Engineer shall submit these drawings to the PBCHD, to verify/certify completion of the proposed modifications to the existing operating permit in accordance with the previously submitted plans. Task 5 - Building Department Permit Assistance The Engineer shall provide assistance to the City to secure the necessary building permits required by the City of Boynton Beach to complete the proposed remodeling tasks within the east filter bay at the City's East WTP site. Page 5 of? C. Assumptions The above scope is predicated on the assumption that the City shall furnish, at no cost to the Engineer, all available pertinent information including previous reports, plans, specifications, permits and other data relevant to the performance of the above services for the project. In addition, the City shall designate, in writing, a person to act as the representative for services performed under this agreement. The Engineer also assumes the following: 1. The City will be responsible for making provisions for construction. 2. The 90% preliminary plans shall be prepared to be able to secure an FDEP permit and may not include the necessary detail needed for construction. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2005 between the City of Boynton Beach and ARCADIS U.S., Inc. E. Additional Services If services are required in the performance of the above scope of services, beyond those normally provided by the Engineer, which must be sublet, the Engineer shall order the work after obtaining written authorization from the City. If the Engineer is requested to subcontract any work directly than a 10% markup will be applied to the subcontractor invoice for coordination services provided by the Engineer. F. Obligations of the City The following specific information and/or items shall be furnished at no cost to the Engineer: 1. Data prepared by or services by others including, but not limited to, all pertinent Record Drawings of the existing gaseous chlorine disinfection system which were completed as part of any previous expansion. 2. All permit application and government inspection fees. 3. The City shall be responsible for designating an I&C contractor for the integration of the instrumentation and control systems provided in the final design into the SCADA system at the East WTP. Page 60f7 G. FEES The fees for this work will be per task as follows: Engineering Services Lump Sum T&M Task 1 -Design $39,338 0 Task 2 - Permitting 0 $3,804 i Task 3 - Bid Phase Services $4,148 0 i ~----------i Task 4 - Construction Phase Services I 0 $17,512 Task 5 - Building Permit Submittal Assistance ! 0 i $2,832 i I TOTALS $43,486.00 $24,148.00 -j I H. Schedule The completion dates for this work will be as follows (starting at written NTP). Engineering Services Time per Phase Cumulative Time I Task 1 -Design 2 month l 2 month Task 2 - Permitting 2 months 3 months Task 3 - Bid Phase Services & City Award 2 month Smonths Task 4 - Construction Phase Services 4 month 9 months Task S - Building Permit Submittal Assistance NA I NA APPROVED BY: CITY OF BOYNTON BEACH By: Kurt Bressner, City Manager day of .2007 Dated this SUBMITTED BY: ARCADIS U.S., INe. --- ,.~ /' By.. II . J (,) . "{...{.-Y)'"")['-:-:7 L..... I .,._'<r' J/'.....-~ ..~.. \ Thomas L. Tessier, P.G., Vice President r) \ , -\ ,:: ~-, 'i._ I ,2007 Dated this :~ C By: Dated this ~ ("J day of 4 ) 'W ( ! / ,2007 Page 7 of 7 VI.-CONSENT AGENDA ITEM C.2 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 April 2, 2007 (Noon.) x Requested City Commission Meeting Dates June] 9, 2007 Date Final Form Must be Turned in to City Clerk's Office June 4, 2007 (Noon) o April] 7,2007 o May I, 2007 April 16, 2007 (Noon) o o o July] 7,2007 July 2, 2007 (Noon) July 3, 2007 June 18,2007 (Noon) May 15,2007 April 30, 2007 (Noon) o June 5. 2007 May ]4,2007 (Noon) August 7, 2007 July ]6,2007 (Noon) C) n:::j =i-< -<0 (J"Tl OJ -.J """0 ::? -< '""..~Z ~~')o o..,~ -.J .:.,,- "TlCO CJ'I - /TI o C"") l> /TIC"? ::t: RECOMMENDA TION: Motion to approve and authorize signing of an Agreement for Water Service outside the City Limits with John Combs and Glenna Combs for the property at 1048 S Ridge Rd, Lantana, FL (Ridge Grove Lot 25). NATURE OF AGENDA ITEM o o Announ cements/Presentations o o o o o City Manager's Report New Business C) -.J :J: ::> -< Administrative x Consent Agenda Legal Unfinished Business o o Code Compliance & Legal Settlements Public Hearing EXPLANATION: The parcel covered by this agreement 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 improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location map). PROGRAM IMPACT: A Water Distribution 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. FISCAL IMPACT: None one.1rhis parcel is within the Utilities service area. City Manager's Signature Assistant to City Manager ~ UTILITIES Department Name City Attorney / Finance Attachments XC: {'l'Peter Mazzella I ' File S:\BULLETlNlFORMS\AGENDA ITEM REQUEST FORM. DOC RESOLUTION NO. R07- 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 JOHN AND 9 GLENNA COMBS; PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, the subject property is located outside of the City limits, but \vithin our 14 water and sewer service area, located at 1048 S. Ridge Road, Lantana, Florida (Ridge Grove 15 Lot 25); and 16 WHEREAS, the parcel covered by this agreement includes a single-family home 17 located in the San Castle/Ridge Grove project area; and 18 WHEREAS, a water distribution main has recently been completed on this street, 19 "vicinity, allowing for the service to this parcel; and 20 WHEREAS, no additional construction will be required by the City to serve this 21 property. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confimled as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby authorizes and directs the City Manager 28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and John 29 and Glenna Combs, which Agreement is attached hereto as Exhibit "A", Section 3. This Resolution shall become effective immediately upon passage. 30 I I I S:\C t\RESO\Agrcements .Water Scn lee\Combs Water ScrV1CC /\grcemcnLdoc I ~ ~ ~ ) II 1 2 3 PASSED AND ADOPTED this _ day of June, 2007. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 Mayor - J eny Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Mack McCray 20 21 22 Commissioner - Carl McKoy 23 Attest: 24 25 26 27 Janet M. Prainito, City Clerk ~~ '/ 30 (Corporate Seal) S:\CA\RESO\Agreements\Water Service\Combs Water Service Agreement.doc TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS (SINGLE FAMILY HOMES) FROM: CITY OF BOYNTON BEACH UTILITIES DEPARTMENT RE: WATER SERVICE AGREEMENTS 1. Please sign the agreement (on p. 3) and the Power of Attorney form 2. Have your signatures witnessed and notarized 3. Attach a survey and legal description (LABELED EXHIBIT A), or provide the property control number. 4. Provide the name and address information requested below. 5. Return all documents to this office. NOTE THAT OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME TO PROCESS THIS APPLICATION, PRIOR TO US SCHEDULING IT FOR THE CITY COMMISSION MEETING. THE TIME SCHEDULE IS THEREFORE AT LEAST 3-4 WEEKS FROM DATE OF SUBMITTAL TO DATE OF APPROVAL, DEPENDING UPON THE ACTUAL DATES FOR COMMISSION MEETINGS. (THE COMMISSION MEETS ON THE 15T AND 3RD TUESDAY OF EVERY MONTH) Sincerely Peter V. Mazzella Deputy Director of Utilities Owner Information Owner's Name: J 01-/ 10/ W' C c/ MfJ S Mailing Address: I (:J.y: B ~nr /~,. 0(; G- /?d l-APlA'V4 No. & Street City rl-- 3M"'"Z State Zip Code Telephone No. $/" 688- ~I ProTJertv Information: Address: I O/f-~ $0, P,Ot;&- RD. No. & Street f.-.. f'1 ~A,Y4 City r1- 3Mt.z.- State Zip Code Property Control Number (peN) 00 -- if- 3 - J./-O~ 09..,0 8 - 0 DO - 0 2S 0 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Cormnercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this '2 D day of Ap({t l-.. ,200-2, by and between JOJ-lt./ w. CoM e 5 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 jurisdictionallimits on annexation ofthe 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: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are ~ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as 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 Uti Ii ties and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work nec:;ssary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shaH, 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 ofthe 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 ofthis property of this covenant and ofthe 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. Annexation is intended to be and is hereby made a covenant running with the land described in Paragraph 1 ofthis Agreement. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records ofPalm Beach County, Florida, and shall be binding on the Customer and all subsequent transferees, grantees, heirs, 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 S :\CA \A GMTS\ Water Service\ Water Service Agreemeilt . Rev 1 .6-06~doc 2 THIS INSTRUMENT PREPARED BY: lame': A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, 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 20 day of APt? I L ,2002, by and between t J04M VI/. CoJV1B.> 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 ofthe jurisdictionallimits 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: (Exhibit A) 2. The Customer and the City hereby agree that there are Connections which City shall service. Equivalent Residential 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work ncu:ssary 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. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary 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 ofthe 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 cOlhT}ecting 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. Annexation is intended to be and is hereby made a covenant running with the land described in Paragraph 1 of this Agreement. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer and all subsequent transferees, grantees, heirs, 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 S:\CAIAGMTSIWater ServicelWater Service Agreement - Rev 1-6-06.doc 2 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, 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 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 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 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 ofthis Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) S :leA \AGMTSI Water Service\ Water Service Agreement - Rev 1-6-06.doc 3 AGREEMENT FOR \V A TER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND (INSERT NAME) IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ___ day of ,200_, WITNESS: ( e J\6l~ - J4ulJVuntanl ~itness Sign reo ~ .(IJI(J(r~' 8,l)Oer(Y\a r} Printed Witness Name .~~ ~. , ?-e~C-A/I t.-- ness Signature ~ ' -Xi;} IT /I if. 'if U- Printed Witness Name Q (i lQJ 121 t- HJJ;/uY!tJf)1\ Witness Signa r~ ' Q_ {'J1?(( ~ .. l)~ ((YlO YJ Printed Witn s Name / /.. . ~--C , tness Signatur~ ' ...-17 /'/'7/-u :..- /v'lb'/ /rl Printed Witness Name INDNIDUAL(S) AS OWNER(S): '; ~ Iv' c:,.....)<<L ~nerignature lJo H,f\/ W C ojvf 85 Printed Owner Name j d) tA't/!/ l~ R .~ Owner Signature C L efi/;V~ R m/Vf /35 Printed Owner Name (lc~l11..l"Y1 _ FOR INDIVIDUAL(S) NOTARIZATION: STATE OF (LO#2,,;1- ) /J. L ) ss: COUNTY OF tlJln O<~-~ ) SlJ 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 tb/h hJ 4-' (;'Ip~?/J{;- f( C,~ltl 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 wIt personally ,known tu me or provided the fnllowing proof of IdentlficatIOn: rLoR-,LJ/1. "1..{U~.2.~ t-lCr'-'1ce.J . A WITNESS my hand and official seal in the County and State last afuresaid this :;)0 day of /'t{?~21 L ' 200-:1. ,-, W"'AlIVlONNOllVV'MMM ,,'~'l,''', ~ 600Z eZZ J..VW :s;).f!dx]:~~..'.'."':'~-::." . . v9ZZEvOa# uo!ssrmmO)\~.Y.~ot ubli~ uqe)l '0 dlu~qdd1S "'~~~.~\:~~" Q (Notary Seal) ..t... My Commission expires: AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation ATTEST: Kurt Bressner, City Manager City Clerk Approved as to form: City Attorney 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 , 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 ,200_. day of (Notary Seal) My commission expires: Notary Public S:\CA\AGMTS\Water Service\Water Service Agreement - Rev J-6-06.doc 5 THIS INSTRUMENT PREPARED BY James A~ Cheraf, Esquire Goren, Cnerof, Doody and Ezrol. PA 3099 East Commercial Blvd~ Suite 200 Ft. Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF A TIORNEY (By Individuals) STATE OF FLORIDA COUNTY OF pP\1-M BEAcH IlWe, JOJ1,v V CO.A-tla.r ? Le-ft;t1J. f2 Co/l185 , 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 descnbed 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 oftms power is described as follows: PCNNo.: 00- 'f3-~CYf/ o8~ CJCO~ c.) 2S-o The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 2 o-C t..L. day of {~l?AI J- ,2007 and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the cd4- day of Nf}tJ-- , in the year 2007 Sealed and delivered in the presence of C ' Q1w-tt tlUb,vY1fr'V\ rns Signatur91 be. err'\(-oU (Wt7 Print Name . egg Signature t;; :::rv 1)/7/1 A . '1/ ?--?- Print Name ~.CJUJUJ-~~ Q'itn~ Signa e B b .' h€J(\.{ - U erm4 n Pnnt ame f1~11 12 r MY[~ Owner Signature ~.If/ ,;VA. R. c () /'113> Print Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this .-:' , 20Q2 by -46 hh {J, (}nt ~S e t:- t.. Wr?))" who are known to me or who have as identification and who did/~t take an oath. Jrit Q/ NOTARYP ~ ;"'0 day of and produced >\tt.~"I/,.. f'te h . D K h ~'!'~1::~" P aOle . a n <a~;~Con;nussion #DD43~264 .}.....~.'.l Expires: MAY 22,2009 .,..Dt.~.." 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Exemptions Regu!ar Homestead: $25,000 Year of Exemption: 2006 Total: $25,000 Appraisals Tax Year: Impn)v.,:>ment Villue: Laf'td Vaiue: Total t\"larkct Value; 20PS 2005 4904 r- Tax Year 2006 I $55,041 $39,380 $34,677 I Number of Units: 1 $32,326 $20,991 $11,533 I ~'Tota! Square Feet: 540 $87,367 $60,371 $46,210 I l1S~ egds: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. r- an axa e a Lies Tax V(~ar: 200;; 2Q_05 2004 AGSE\S.5i:lct Va~u~; $31,079 $30,174 $29,295 L l"lc.hll I E){ernptiGr~ hnt0unt: $25,000 $25,000 $25,000 Tax~ble Vadue: $6,079 $5,174 $4,295 d T hi V ! Tax $99 $243 $342 $84 $191 275 Tax Year: Ad Valorem: i'\1t....1t'l lAd Valurern; Total Tax: 2006 $111 $264 $375 200S 2(104 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. I Exemptlo[f [Fiie I lniOilL'lt'orl I E)(c'np(Oi1S I Cc;:"rnurllly I [nlQiLryTllf:'nt I I Circ'" Lo:.21t,ons I Sa'!!) eJ?:JinJJY:'s I ScnlQL(QU}Qt' , Qj~;8!nl(;;' I f"()iJPS I C()r)ta~t. L!;~ I F)\E/\ 2004 Paim Beach County PI'operty Appraiser, http://www.co.palm-beach.fl.us/papa/aspx/web/detail_ info. aspx?p _ entity=0043450908000... 4/20/2007 r-~bd A <)age " :\11 Owner An peN Number: 00_43_45_09_08_000_0250 OV'Jner N;:1me.s COMBS GLENNA R COMBS JOHN W & GLENNA R http://V-lww.co.palm-beach. tl.us/papa/aspx/web/allOwner.aspx ?entity _id=00434509080000... 4/20/2007 VI.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlYl Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk.s Office D April 17. 2007 D May 1.2007 D May 15,2007 D June 5, 2007 April 2, 2007 (Noon.) X June 19, 2007 June 4, 2007 (Noon) April 16, 2007 (Noon) D July 3, 2007 April 30, 2007 (Noon) D July 17.2007 May 14,2007 (Noon) 0 August 7, 2007 June 18. 2007 (Noon) July 2, 2007 (Noon) July 16,2007 (Noon) C..:J -J t~) ~-') -, :::1-< -.-(c:~ ""' -. "",,- ::P" ~.,; -l.':~ -"" - ::: '~:~ - -i\ CO _1'1 C) (""):p &'" rl("") ::r; RECOMMENDATION: Motion to approve via resolution the Registration Agreement with Boundless Playgrounds, Inc. which will allow Boundless Playgrounds, Inc. to provide materials and services to support the development of a configuration of playground equipment and surfacing that enables children with and without disabilities to interact and play together. x Consent Agenda o o o o o :;p City Manager's Report -<. . N New Busmess (.n ._~ -" ) NATURE OF AGENDA ITEM o o Announcements/Presentati ons Administrative -.(. ~".- ~.";'" o o Code Compliance & Legal Settlements Legal Unfinished Business Public Hearing EXPLANATION: Boundless Playgrounds, Inc. is a non-profit company that assists public and private entities in the development of playgrounds that are barrier-free and accessible to all. The playgrounds support child development for those without disabilities as well as for those with physical, sensory and developmental disabilities. The City of Boynton Beach desires to include a Boundless Playground as part of the development at Congress A venue Community Park. The Registration Agreement ensures that the organization will provide to the City the tools and materials to assist in the design, development and construction of the playground. It will also allow the City to use the Boundless Playgrounds Instruments of Service (logo, etc.). PROGRAM IMPACT: The Agreement will allow the City to move forward with the development of construction drawings for the Boundless Playground and park. FISCAL IMPACT: The Agreement carries a fee of $1,795. Improvement Program budget, account number 302-4298-580-63-01 allocated for this project. The funds are available in the Capital (CP0617) which currently has $2,500,000 ALTERNATIVES: Not to enter into an agreement with Boundless Playgrounds, Inc. and not use the Boundless Playground services or name. ---- /~ --------/ Department Head's Signature City Manager's Signature Recreation and Parks Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171 RESOLUTION NO. R07- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A REGISTRA TION AGREEMENT WITH BOUNDLESS PLAYGROUNDS, INC., WHICH ALLOWS BOUNDLESS PLAYGROUNDS, INC., TO PROVIDE MATERIALS AND SERVICES TO SUPPORT THE DEVELOPMENT OF A CONFIGURATION OF PLAYGROUND EQUIPMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Boundless Playgrounds, Inc., is a non-profit company that assists public and private entities in the development of playgrounds that are barrier-free and 18 accessible to all; and 19 WHEREAS, the City of Boynton Beach desires to include a Boundless Playground 20 as part of the development at Congress Avenue Community Park; and 21 2211 2311 I 24 WHEREAS, the Registration Agreement will allow the City to move forward with development of construction drawings for the Boundless Playground and park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and con finned as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby authorize and direct the City Manager and City Clerk to execute the Registration 30 Agreement with Boundless Playgrounds, Inc., which will allow Boundless Playgrounds. Inc., S:ICAIRESO\AgreementsIBoundless Playground Registration Agmt.doc , , to provide materials and servIces to support the development of a configuration of 2 playground equipment and surfacing that engables children with and without disabilities to 3 interact and play together, a copy of which is attached hereto as Exhibit "A", and 4 incorporated herein by reference. 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 Section 3. That this Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _ day of June, 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: Janet Prainito, City Clerk (Corporate Seal) S:\CA\RESO\Agreements\Boundless Playground Registration Agmt.doc BOUNDLESS PLAYGROUNDS GO PLA YTM REGISTRATION AGREEMENT This Agreement made this _ day of , 20_, between the City of Boynton Beach, a Florida municipal corporation ( "the Client") and Boundless Playgrounds, Inc. (hereinafter "Boundless Playgrounds") to provide materials and services as defined below for a playground project to be located at Congress Avenue Community Park, 3111 S. Congress Avenue, Boynton Beach, FL (the "Project") 1. Purpose of Agreement: The Client desires to construct a playground that supports child development and is barrier-free allowing all children - those without disabilities as well as those with physical, sensory and developmental disabilities - to play together. The sole purpose of this Agreement is to provide certain materials and services to support the development of a configuration of playground equipment and surfacing that enables children with and without disabilities to interact and play together. These materials and services, which are set forth in greater detail below, will be provided upon execution of this agreement and receipt by Boundless Playgrounds of the fee described below. It is expressly understood that Boundless Playgrounds does not manufacture or install playground equipment or surfacing. The Client further acknowledges that Boundless Playgrounds is not retained as a safety expert and does not perform the services of a Certified Playground Safety Inspector (CPSI). 2. Fee: A fee of One Thousand Seven Hundred Ninety Five Dollars ($1,795) is required for the materials and services described below and must accompany or precede this signed Agreement. The materials and services to be provided in this Agreement shall commence upon receipt by Boundless Playgrounds of this signed Agreement and the related fee. 3. Services to be Rendered by Boundless Playgrounds: Boundless Playgrounds will provide the Client with tools and materials intended to assist in the design, development, and construction of a Boundless Playground barrier-free playground (the "Go Play Materials" or "Materials"). The use of said Materials is restricted to those individuals directly involved in the development of the Project specified in this agreement, and shall be used solely for the design. development and construction of the Project. Boundless Playgrounds will present the Client's project to potential sponsors for funding consideration. It is the sole responsibility of any potential sponsors to select projects and make specific awards based on their funding requirements. Boundless Playgrounds makes no representation that funding will become available. Boundless Playgrounds, or its authorized representative, shall assess the playground installation to confirm that such installation meets the Boundless Playgrounds Performance Criteria. Boundless Playgrounds will prepare an assessment report for the Client identifying any modifications necessary to conform with Boundless Playgrounds Performance Criteria. Boundless Playgrounds grants the Client a limited, non-exclusive license to use the names "BoundlessTM" and "Boundless Playgrounds@" and the Boundless Playgrounds logo in association with the Project in accordance with Boundless Playgrounds' current usage standards which will be provided to the Client from time to time. Boundless Playgrounds reserves the right to modify such usage standards at any time and without prior notice. Such license is granted solely for use in promoting, financing, HARTI-1387651-2 constructing, using and maintaining the Project, provided that the Client is in compliance with all its obligations under this Agreement. Notwithstanding the foregoing, use of the names "Boundless TM" and "Boundless Playgrounds@", the Boundless Playgrounds logo and/or the words "A Boundless Playground" on signage at, near or about the playground site requires specific written approval from Boundless Playgrounds. It is understood that such approval may be withheld if the completed installation or the maintenance of the playground does not meet Boundless Playgrounds Performance Criteria. 4. Client Responsibilities: The Client agrees that it shall: a) Include in its Request for Proposal or other bid documents a requirement that the playground equipment purchased for this project be a Boundless Playgrounds@ Certified Model. b) install a Boundless Playgrounds@ Certified rviodel and equipment and safety surfacing in accordance with Boundless Playgrounds Performance Criteria, the plan provided by the manufacturer's representative and all the manufacturer's guidelines. c) arrange for the required assessment of the playground installation to confirm that it meets the Boundless Playgrounds Performance Criteria and make all necessary modifications identified in the report. The Client agrees to have any playground that it constructs inspected by a Certified Playground Safety Inspector (CPSI) certified and currently licensed by the National Recreation and Parks Association, Ashburn, Virginia, and to take any necessary corrective actions to ensure compliance with all current safety standards. Boundless Playgrounds makes no representations as to whether any products offered by any of the manufacturers listed above comply with the applicable safety standards. The Client acknowledges that it is solely responsible for ensuring that all aspects of the Project are compliant with any and all applicable federal, state, municipal and lor other accessibility standards including but not limited to the Americans with Disabilities Act. 5. Tools and Materials: Client acknowledges that the Materials, including all drawings, specifications and other documents and tools, including those in electronic form, and the Boundless Playgrounds Performance Criteria, are the exclusive property of Boundless Playgrounds and are provided to Client for use solely in conjunction with the Project. Boundless Playgrounds shall be deemed the author and owner of all such Materials and shall retain all common law, statutory and other reserved rights, including all rights of copyright. Such Materials are the sole and exclusive property of Boundless Playgrounds and, subject to the requirements of the Florida Public Records Law, Section 119.07, Florida Statutes, may not be used, reproduced or displayed without the express prior written permission of Boundless Playgrounds. The use of the Materials is restricted to those individuals directly involved in the development of the Project specified in this agreement. The Client acknowledges that the Boundless Playgrounds Performance Criteria is proprietary and confidential, subject to the requirements of the Florida Public Records Law, Section 119.07, Florida Statutes and agrees that it shall not disclose such materials unless required by law. 2 6. Term of Commitment: Subject to budgetary appropriations, this Agreement will remain valid through the completion of the Project, or for a term of three years from the date on which this Agreement is executed, whichever comes first. If, for some reason agreeable to the parties of this Agreement, an extension beyond the terms described above is required, it shall be negotiated and agreed to in writing by the parties. If the Client fails to comply with any of the terms of this Agreement, Boundless Playgrounds may, at its sole option, elect to terminate this Agreement. Boundless Playgrounds will provide written notification to the Client thirty (30) days prior to such termination of such services. In the event of a termination of services, Boundless Playgrounds shall not be responsible for any delay or damage caused by the termination of this Agreement. It is expressly understood that the facilitation of the construction of a playground meeting the Boundless Playgrounds Performance Criteria is the essence of this Agreement. The Client has the right to terminate this Agreement at any time by providing Boundless Playgrounds with ten (10) days written notice. 7. Safety: Boundless Playgrounds is not acting as a Safety Consultant, and the Client specifically agrees that it assumes responsibility for the playground equipment and surfacing that it purchases from its vendors as well as the installation, inspection and maintenance of that equipment and surfacing on the playground. The Client agrees that it does not rely on any representation of Boundless Playgrounds regarding safety issues, but will make its own independent determinations regarding the safety of the Project. Boundless Playgrounds relies upon the Client to comply with any and all applicable municipal. state, federal or other recognized safety standards relative to the Project. 8. Hold Harmless: To the extent permitted by law, and subject to the statutory limitations as provided in Section 768.28, Florida Statutes, the Client agrees to indemnify and hold harmless Boundless Playgrounds, its officers, directors, agents, servants and employees from and against any and all claims for damage or injury to property or person (including death) resulting from the design, construction, installation or use of a playground and further from and against any and all loss, cost, expense, liability, damage, penalties, fines or injury, including legal fees and disbursements, that Boundless Playgrounds, its officers, directors, agents, servants or employees may directly or indirectly sustain, suffer or incur as a result thereof and the Client agrees to and does hereby assume, on behalf of Boundless Playgrounds, its officers, directors, agents, servants, and employees, the defense of any action at law or in equity which may be brought against Boundless Playgrounds, its officers, directors, agents, servants or employees upon or by reason of such claims and to pay on behalf of Boundless Playgrounds, its officers, directors, agents, servants and employees, upon demand, the amount of any judgment that may be entered against Boundless Playgrounds, its officers, agents, servants or employees in any such action. The indemnification specifically excludes any liability for gross negligence by Boundless Playgrounds, its officers, agents, servants or employees. The terms of this clause shall remain in force and effect until such time as the equipment is removed from use. 9. Disputes: Any claim brought pursuant to this Agreement shall be brought in the Florida Court Palm Beach County. This Agreement shall be interpreted pursuant to the laws of the State of Florida, without giving effect to any principles of conflicts of law, and the law of any other jurisdiction shall not apply. 10. Written Communications: Written communications as required herein shall be addressed to the appropriate party as follows: -, .) Deborah Midford Senior Director of Service Delivery Boundless Playgrounds, Inc. 45 Wintonbury Avenue Bloomfield, CT 06002. Kurt Bressner City Manager 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 11. Invalidation: In the event that any provIsion or any part of a prOVISion of this Agreement shall be finally determined to be super ceded, invalid, illegal or otherwise unenforceable pursuant to applicable laws by an authority having jurisdiction, such determination shall not impair or otherwise affect the validity, legality or enforceability of the remaining provisions or parts of provisions of this Agreement, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 12. Entire Aareement: This Agreement constitutes the entire Agreement between the parties, and it cannot be altered other than by written consent of all parties to this Agreement. Client by: Authorized/Fiduciary Signatory: BOUNDLESS PLAYGROUNDS, INC. (!j / ~ ~ r , I' I] ':'\"1 '1" (f'w) U(.;j if. {: t'~/- . I ~- ~I </ (jf ,\ I Title: Date: ATTEST: JANET PRAINITO, CITY CLERK APPROVED AS TO FORM: WrIT-- CITY ATTORNEY'S OFFICE ,g;-( rt I tJ'7 4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORh.. VI.-CONSENT AGENDA ITEM C.4. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 17,2007 April 2, 2007 (Noon.) ~ June] 9, 2007 June 4, 2007 (Noon) D May I, 2007 April ]6,2007 (Noon) D July 3, 2007 June 18, 2007 (Noon) D May 15, 2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon) D June 5, 2007 May ]4,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) ~'J D Announcem ents/Presentation s D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D \.::) -.l c- c::::: -0 -~ - r"' - -~'~l .. ~\_"L.' .-: fTl RECOMMENDATION: Approve the enclosed resolution identifying an inventory of vacant City~n~:;; property appropriate for use as affordable housing. :..- EXPLANATION: Section 166.0451 Florida Statutes requires the city to prepare an inventory list of all real property within its jurisdiction to which the City holds fee simple title that is appropriate for use as affordable housing. The inventory list must be completed by July 1,2007. PROGRAM IMPACT: This is an un-funded State mandate FISCAL IMPACT: N/A ALTERNATIVES: N/A ~JJi{ Dep m n' H d's SigpaR. City Manager's Signature Assistant to City Manager ~ Department of Development -~ -~ 'X::: City Attorney I Finance S:\BULLETINlFORMS\AGENDA ITEM REQUEST FORM.DOC 3 4 5 6 7 8 9 10 11 1 RESOLUTION NO. 07- 2 A RESOLUTION OF THE CITY OF COMMISSION OF THE CITY OF BOYNTON BEACH~ FLORIDA APPROVING AN INVENTORY LIST OF MUNICIPALLY OWNED PROPERTY THAT IS APPROPRIATE FOR USE AS AFFORDABLE HOUSING PURSUANT TO SECTIO~ 166.0451~ FLORIDA STATUTES; PROVIDING FOR A~ EFFECTIVE DATE WHEREAS, Section 166.0451, Florida Statutes requires that municipalities in the State 12 of Florida prepare an inventory list of all real property within its jurisdiction to which the City 13 I holds fee simple title that is appropriate for use as affordable housing; and 14 II WHEREAS, tile inventory list must include tlie address and legal description of the II 15 II property and specify whether the property is vacant or improved. The City Commission must 16 then review the inventory list at a public hearing, and revise the inventory ifnecessary. Following 17 I. the public hearing, the City Commission must adopt a resolution that includes the inventory list of i 1 B I the orooertv: and 1911 . .W~EREAS, City Staff lias reviewed the inventory of City owned property. and has 20 III determined that the City does not own any property that is appropriate for use as affordable 21 ,I housing; and I ! 22 WHEREAS~ pursuant to City staffs review of the inventory of City o\vned property. the 23 City Commission accepts City staffs review, and hereby finds that the adoption ofthis Resolution 24 is in conformance with the requirements of Section 166.0451, Florida Statutes; and 25 WHEREAS, the City Commission of the City of Boynton Beach finds and declares that 26 adoption of this Resolution is necessary, appropriate, and in the public interest of the citizens of 27 the City of Boynton Beach: 1 S:\CA :RES()\Propcrty Il1venl()ry~doc , I 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA: 3 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 4 being true and correct and are hereby made a specific part of this Resolution upon adoption 5 hereof. 6 Section 2. The City Commission of the City of Boynton Beach, Florida, pursuant 7 to Section 166.0451, Florida Statutes, hereby adopts the inventory list of City owned property 8 that is appropriate for use as affordable housing, which is attached hereto and incorporated 9 herein by reference as Exhibit "A". 10 Section 3. Effective Date. This Resolution shall become effective upon adoption. 11 PASSED AND ADOPTED the _ day of , 2007. 12 , CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor - Jerry Taylor 16 17 18 Vice Mayor - Jose Rodriguez 19 20 21 Commissioner - Ronald Weiland 22 23 24 Commissioner - Mack McCray 25 26 27 Commissioner - Carl McKoy 2 8 ATTEST: 29 30 31 32 Janet Prainito, City Clerk 33 34 (Corporate Seal) 2 S:\CA\RESOlProperty Inventory.doc Vacant Land - Community Improvement Division June 1,2007 Exhibit "A" 1. 215 N.W. 10th Avenue - 6365 sq. f1. 08-43-45-21-17 -001-001 0 Poinciana Heights Lot 1 Block 1 2. 147 N.W. 10th Avenue - 7500 sq. f1. 08-43-45-21-25-001-0240 Frank Weber Addition Lot 24 Block 1 3. 116 N.W. 11th Avenue ~ 7500 sq. f1. 08-43 -45 - 21-19-000-0150 East 50' of West 556.03' of Lot 7 of Laneharts Subdivision of South Y2 ofN.E. \/~ 4. 144 N.W. 11th Avenue ~ 7940 sq. f1. 08-43-45-21-19-000-0080 East 50' of West 252.5' of Lot 7 of Laneharts Subdivision of South Y2 ofN.E. I/~ 5. 1100 N.W. 1st Street~ 7314 sq. ft 08-43-45- 21-17 -003-0010 Poinciana Heights Lot 1 Block 3 6. PCN - 08-43-45-29-00-000-1040- 29-45-43, E 330.70 FT OF WL Y 660.16 FT OF SLY 672.12 FT OF NLY 1252.12 FT (LESS N 499.34 FT OF E 126.90 FT) OF TH PT OF NE 1/4 LYG S OF SR 804 S:\CA \RESO\Property Inventory ExhibiLdoc Sl\1"V Ok . . f \ ! \ i \ . !:r v\ /V 1-, ~ /<" ,'- -~ , 7'0 N "0 VI.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D April 17,2007 April 2, 2007 (Noon.) ~ D May I, 2007 April 16, 2007 (Noon) D D May 15,2007 April 30, 2007 (Noon) D D June 5, 2007 May 14,2007 (Noon) 0 Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office June 19,2007 June 4, 2007 (Noon) July 3, 2007 June 18,2007 (Noon) July 17,2007 July 2, 2007 (Noon) Legal Unfinished Business ~ ...;;,. C2 C) <.J-l -===i-<. ........::0 .:J ...,.., -OJ r"l 0 :0-< -,.<::, _...'" ,.r '_;..- u1-.4 C) 0;::: ...,.., ."CO -r<1 CJJ;> r'1CJ - August 7, 2007 July 16,2007 (Noon) <::) -J NATURE OF AGENDA ITEM o D ~ o o Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing o o o D o City Manager's Report New Business - -- :P"' -< '" ....0 w U1 RECOMMENDATION: Approve Resolution No. R07-_ authorizing the implementation and build of the Eternal Flame Memorial Public Art project proposed for Bicentennial Park. EXPLANATION: The late Vice Mayor, Bob Ensler and the Veterans Advisory Commission initiated The Eternal Flame Memorial Public Art project early 2006. The Arts Commission produced a call to artists for a (RFQ) Request for Qualifications with a deadline of April 19, 2006. On May 15, 2006, a selection panel consisting of two Veterans Advisory Commission members, an Arts Commission member, a Recreation & Parks Supervisor and the late Vice Mayor, Bob Ensler, selected 3 artists to submit proposals. On December 1, 2006, a (RFP) Request for Proposal went to the three artists. By February 15, 2007, two of the three artists presented proposals and a Maquette for their Eternal Flame Public Art Memorial concept to a selection panel. This selection panel consisted of two Veteran Advisory Commission members and the two Arts Commission members. The proposal, presented by James Mastin, was unanimously selected. The Veterans Advisory Commission, Recreation & Parks Board, The Arts Commission and City staff recommends that the Eternal Flame Public Art Memorial should be located at Bicentennial Park. The City will enter into a contract with a landscape architectural firm for the development of a master plan for Bicentennial Park in an amount of$24,995. This plan will include the location of the Eternal Flame, and relocation of the Submariner Memorial and brass plaques from Intracoastal Park to Bicentennial Park. Staff has prepared a contract to engage the Public Artist, James Mastin, to build the Eternal Flame Public Art Memorial project. Once the contract is signed, it will take a minimum of9 months to complete. PROGRAM IMPACT: The Eternal Flame Public Art Memorial will serve as a "Tribute to Boynton Beach Veterans". This project is the culmination of the joint vision of the late Vice Mayor, Bob Ensler, the Veterans Advisory Commission and the Arts Commission. The placement of this memorial in Bicentennial Park will create a central venue in which to honor the men and women of the Armed Forces that have sacrificed their lives for our great nation. It will also bring a dignified artistry to the downtown Federal Highway corridor. This is the only planned military monument within a designated city park currently in the CIP budget which is recommended by staff and endorsed by all three Advisory Boards. FISCAL IMPACT: The Eternal Flame Public Art Memorial project cost was budgeted at $35,000.000. There currently is $35,000.000 allocated in CIP account # 302-4999-580-63-15 for this project. There is also $100,000 allocated in CIP account #302-4299-580-63-15 CP061 for the master plan and development of the park. ALTERNATIVES: Not to approve implementation and build of the Eternal Flame Public Art Memorial project. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC Sl-r'1(-~,t-. : . " r i::: tP\ if!) o ;~~"'~~ "./~ V ~--0 ""ON CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM DOCUMENT A nON A TT ACHED: Exhibit A: Request for Proposal. Exhibit B: Artists contract and proposal. Exhibit C: Veterans letter. Exhibit D: Advisory boards minutes. Exhibit E: Veteran's Park and Bicentennial Park aerial images. City Manager's Signature Assistant to City Manager c;wL Department Name City Attorney I Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 2 RESOLUTION NO. R07- 3 4 5 A RESOLUTioN OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, AUTHORIZE THE 7 IMPLEMENTATION AND BUILD OF THE ETERNAL 8 FLAME MEMORIAL PUBLIC ART PROJECT 9 PROPOSED FOR BICENTENNIAL PARK; 10 AUTHORIZING THE EXECUTION OF AN 11 AGREEMENT WITH ARTIST JAMES MASTIN FOR 12 THE CREATION OF THE ETERNAL FLAME 13 SCULPTURE IN THE AMOUNT OF $35,000.00; AND 14 PROVIDING AN EFFECTIVE DATE. 15 16 17 WHEREAS, on December 1, 2006, a Request for Proposal went to three artists; and 18 WHEREAS, two of the three artists presented proposals which were reviewed by a 19 selection panel and the proposal submitted by James Mastin was unanimously selected; and 20 , WHEREAS, the City Commission of the City of Boynton Beach, upon 21 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 22 City of Boynton Beach to approve the Agreement in the amount of $35,000.00 between the 23 City of Boynton Beach and James Mastin for the creation of an Eternal Flame sculpture to be I 24 placed in Bicentennial Park. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above IS true and correct and 28 incorporated herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby approve and authorize the execution of the Agreement in the amount of $35,000.00 31 between the City of Boynton Beach and James Mastin for the creation of an Eternal Flame S:\CA\RESO\Agreements\Etemal Flame - Mastin Agmt.doc sculpture to be placed in Bicentem1ial Park, a copy of said Agreement is attached hereto as 2 Exhibit "A". , _1 Section 3. That this Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of May, 2007. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 " 201 21 22 A TTES T: 2311 224511 Janet Prainito, City Clerk 2611 27 28 (Corporate Seal) 29 30 CITY OF BOYNTON BEACH. FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CA\RESUAgreements\Etemal Flame - Mastin Agmt.doc AGREEMENT TillS AGREEMENT, dated the between: day of , 2007, is by and CITY OF BOYNTON BEACH, a municipal corporation, organized and operating pursuant to the laws of the State of Florida, with a business address of 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as "CITY", and JAMES MASTIN, with an address of 500 N.E. 55th Terrace, Miami, FL 33137 hereinafter referred to as "ARTIST." CITY and ARTIST may hereinafter collectively be referred to as the "Parties." WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and ARTIST agree as follows: WHEREAS, a sculpture is a work of art, generally created by carving, modeling, casting or shaping materials, such as metals, into a three-dimensional figure; and WHEREAS, CITY desires to obtain professional services from an artist for the creation of a sculpture for the American Legion Eternal Flame Memorial; and WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to provide the CITY with the sculpture in a professional and artistic manner; and WHEREAS, ARTIST has stated an interest in working on the creation of a Sculpture for the CITY; and WHEREAS, the CITY desires to commission the ARTIST to create Sculpture; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the Parties hereto as follows: ARTICLE 1 1.1. RECITALS: Each "whereas" clause set forth above 1S true and correct and herein incorporated by this reference. Page 1 of8 Macintosh HD:Users:dcd:Desktop:Artist Agreement-Mastin (Eternal Flame).doc ARTICLE 2 SERVICES AND RESPONSffiILITIES 2.1. ARTIST hereby agrees to create a Sculpture, or other services which may otherwise be required, as further enumerated in the Scope of Services set forth in Article 3 herein below. 2.2. The sculpture shall be located at such location within the CITY as designated by the CITY. 2.3. ARTIST shall furnish all services and labor necessary and as may be required in the performance of this Agreement. 2.4. ARTIST hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with ARTIST, that ARTIST has the professional expertise, talent, experience and manpower to perform the services to be provided by ARTIST pursuant to the terms of this Agreement. 2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement, including but not limited to the Sculpture, is an original creation and does not infringe upon or violate any copyrights or other rights of any person, firm or organization. 2.6. The CITY recognizes the ARTIST's rights pursuant to the Federal Visual Artist Rights Act of 1990, known as "V ARA". The CITY will not intentionally distort and/or modify the sculpture, where the modification or distortion would prejudice the ARTIST's honor or reputation. 2.7. The CITY is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the sculpture, in any manner the CITY sees fit. The CITY agrees not to sell the sculpture to a third- party for monetary gain. The CITY may transfer ownership of the sculpture to another governmental entity or to a not for profit corporation. 2.8. The CITY agrees to give the ARTIST full acknowledgement and credit as the creator of the sculpture, with the placement of a plaque or similar object on and/or near the sculpture. 2.9. The value of the sculpture is established when the price of the art is commissioned. 2.10. The CITY agrees to provide the ARTIST access to CITY property, as a work site to prepare the sculpture for installation. 2.11. ARTIST may not hire or utilize the services of any sub-contractor, employee or other individual to assist the ARTIST in performing services under this agreement without the prior written approval of the CITY. 2.12 ARTIST warranties the final product against all defects in workmanship and materials for a period of one year. Page 2 of8 Macintosh HD: Users:dcd:Desktop:Artist Agreement-Mastin (Eternal Flame ).doc ARTICLE 3 SCOPE OF SERVICES ARTIST shall perform the following services in accordance with this Agreement with CITY as follows: 3.1. All work performed under this Agreement shall be done in a professional manner. 3.2. The sculpture shall be produced to the CITY's satisfaction and in conformity with the appropriate moral and ethical standards for the community in which the CITY is located. The quality of the completed materials is a matter of prime importance and shall meet all applicable industry standards. The CITY shall have the right to approve and/or reject the sculpture or any portion thereof. The display, of the sculpture shall be subject to the sole discretion of the CITY. 3.3 The ARTIST shall perform and provide services as set forth in the Proposal for the American Legion Eternal Flame Memorial dated January, 2007, a copy of which is attached hereto as Exhibit "A". ARTICLE 4 TERM AND TERMINATION 4.1. This Agreement shall take effect as of the date of execution as shown herein below and shall end upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof. 4.2. All documents, plans, work products, materials, equipment and tools belonging to the CITY will be furnished to the CITY upon completion and/or termination of the Agreement, whichever occurs ftrst. 4.3 The CITY's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the sculpture shall survive the termination of this Agreement. ARTICLE 5 COMPENSATION 5.1. The CITY shall provide compensation and/or payments to the ARTIST as set forth in the Proposal for the American Legion Eternal Flame Memorial dated January, 2007, a copy of which is attached hereto as Exhibit "A" as follows: Total $17,500.00 $ 8,750.00 $ 8.750.00 $35,000.00 50% Deposit to commence 25% prior to bronze casting (June 2007) 25% at installation Page 3 of8 Macintosh HD:Users:dcd:Desktop:Artist Agreement-Mastin (Eternal F1ame).doc ARTICLE 6 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK CITY or ARTIST may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a written amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. In no event will ARTIST be compensated for any work which has not been described in a separate written agreement executed by the Parties hereto. ARTICLE 7 MISCELLANEOUS 7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular liability insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the ARTIST shall require the sub-Contractors similarly to provide Worker's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the ARTIST. A. ARTIST shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence/aggregate for property damage; and, professional liability insurance in the amount of $1 ,000,000 (all professional contract services). B. Said general liability policy shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. C. ARTIST shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. D. ARTIST shall furnish the City with a certificate of insurance after award has been made prior to the start of any work for the City. Said insurance 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 with A.M. Best's Key Rating Guide, latest edition. E. Reference Insurance Advisory Form for additional types of insurance and limits required. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. If ARTIST claims to be exempt from this requirement, ARTIST shall provide CITY proof of such exemption along with a written request for CITY to exempt ARTIST, written on ARTIST's letterhead. Page 4 of8 Macintosh HD: Users:dcd:Desktop:Artist Agreement-Mastin (Eternal Flame ).doc 7.2. Independent Contractor. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the ARTIST is an independent contractor under this Agreement and not the CITY's employee for any 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 Worker's Compensation Act, and the State Unemployment Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment of the manner and means of carrying out ARTIST's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of ARTIST, which policies of ARTIST shall not conflict with CITY, State, or United States policies, rules or regulations relating to the use of ARTIST's funds provided for herein. The ARTIST agrees that it is a separate and independent enterprise from the CITY, that it had 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 ARTIST and the CITY and the CITY will not be liable for any obligation incurred by ARTIST, including but not limited to unpaid minimum wages and/or overtime premiums. 7.3. Assignments. 7.3.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by ARTIST without the prior written consent of CITY. However, this Agreement shall run to the CITY and its successors and assigns. 7.3.2. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARTIST to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for ARTIST any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. F or the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered 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 that 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 ARTIST and the CITY designate the following as the respective places for giving of notice: CITY: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone No. (561) 742-6010 Page 5 of8 Macintosh HD:Users:dcd:Desktop:Artist Agreement-Mastin (Eternal Flame ).doc Facsimile No. (561) 742-6011 Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 ARTIST: James Mastin 500 N.E. 55th Terrace Miami, FL 33137 Telephone No. 305-754-1983 7.6. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has the 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. 7.7. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.8. 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. 7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 7.10. Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and costs. 7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement between the CITY and the ARTIST and supersedes all prior negotiations, representations or agreements, either written or oral. 7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 7.13. Waiver. Any failure by ARTIST to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and ARTIST may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 7.14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Page 6 of8 Macintosh HD:Users:dcd:Desktop:Artist Agreement-Mastin (Eternal Flame)~doc 7.15 Usage Rights After final acceptance of the artwork by the CITY, the following artists' rights shall be guaranteed: . Maintenance of public artworks shall be the responsibility of the CITY or developer or property association and not the ARTIST. The responsible party shall make reasonable efforts to maintain the artwork in good repair. The responsible party shall attempt to consult the ARTIST on major repairs. . The artwork shall not be altered, modified, removed or relocated from a site integral to the concept for the work without first consulting with the ARTIST, if reasonably possible. If a work, nevertheless, has been significantly altered, the ARTIST shall have the right to disclaim authorship. . Copyright of the artwork shall belong to the creator(s), but the CITY or developer or property association shall be granted the right to make two-dimensional reproductions for non-commercial purposes. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. CITY ATTEST: CITY OF BOYNTON BEACH, FLORIDA: BY: KURT BRESSNER CITY MANAGER JANET PRAINITO, CITY CLERK APPROVED AS TO FORM: OFFICE OF TIlE CITY ATTORNEY ARTIST WITNESSES: BY: Print Name: James Mastin Title: Page 7 of8 Macintosh HD:Users:dcd:Desktop:Artist Agreement-Mastin (Eternal Flame ).doc STATE OF FLORIDA : ss: COUNTY OF BEFORE ME, an officer dilly authorized by law to administer oaths and take acknowledgments, personally appeared as of who is personally known to me or who has produced as identification, and acknowledged executing the foregoing Agreement as the proper official of for the use and purposes mentioned therein and that the instrument is the act and deed of IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of ,2007. (Signature of Notary Public - State of Florida) (Print, Type or Stamp Commission Name of Notary Public) Page 8 of8 Macintosh HD:Users:dcd:Desktop:Artist Agreement-Mastin (Eternal Flame )~doc EXHIBIT A The City of Boynton Beach Public Art Project REQUEST FOR PROPOSAL Pre-qualified Artists for the Eternal Flame Memorial Project Project Title: Location: Eternal Flame Memorial Project Bicentennial Park 1 blk north of Boynton Beach Blvd.,on west side of Federal Hwy., Boynton Beach, FL $35,000 Pre-qualified artists January 31, 2007 -12 noon. E.S.T. Budget: Eligibility: Submission Deadline: CITY MANAGERS OFFICE Public Art Administrator 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 phone (561) 742-6026 fax (561) 742-6089 email colesdobayd@cLboynton-beach.fl.us www.boynton-beach.org PROJECT TITLE Boynton Beach Bicentennial Park Eternal Flame Memorial Project: A Tribute to Boynton Beach Veterans PROJECT OVERVIEW Create an Eternal Flame Memorial that reminds us of the value of the contributions of veterans who gave their lives for our freedom in World War I, World War II, Korean War, Persian Gulf War, Vietnam War and leaving a space for those will sacrifice in the future. PROJECT BACKGROUND Visual Arts/Sculpture. A key focus for the Veterans Park to feature an eternal flame memorial dedicated to the individuals from Boynton Beach that have lost their lives in World War I, World War II, Korean War, Persian Gulf War, Vietnam War and a spot for Future Conflicts. The area can have access for electricity and water. The Veterans Board would like to have, engraved seals of the American Legion, the MIA symbol, and the City of Boynton Beach included in the project. Bicentennial Park is located in a highly visible area of Boynton Beach's downtown redevelopment. New development will surround this park and Bicentennial Park has been chosen as a focus for a downtown urban park. Current plans are being discussed to co-develop this park with several developers, the CRA (Community Redevelopment Agency) and the City's Recreation & Parks department. The park is located 1 block north of Boynton Beach Blvd. on the west side of Federal Hwy. BUDGET The total contract amount to be awarded to the Artist shall not exceed $35,000.00. This contract amount is inclusive of all costs associated with the project including but not limited to Artist fees, other consulting fees such as structural engineering or material testing, permit fees, insurance to cover scope of the project, travel, materials, shipping, fabrication and installation including any site modifications required, project documentation, plaques and/or signage, and a contingency to cover unexpected expenses. The City will provide the costs associated with lighting and accommodation of the water system for project. Note The State of Florida requires that the artist pay sales taxes on the raw materials, not the artwork piece, in Florida or other state. ART LOCATION Bicentennial Park - I block north of Boynton Beach Blvd. on the west side of Federal Hwy., in Boynton Beach, FL 1-95 exit east on Boynton Beach Blvd. north on Federal Hwy., West side of Fed. Hwy. ART TO BEGIN June 2007 (artist to begin planning with planners, landscape architects and project manager) ART COMPLETION March 2008 - Dedication targeted for Memorial Day (May) 2008 ARTIST PROPOSAL DEADLINE January 31, 2007 by 12 noon SUBMIT TO Debby Coles-Dobay, Public Art Administrator City of Boynton Beach 100 Boynton Beach Blvd., PO Box 310 Boynton Beach, FL 33425 561. 742.6026 Email: colesdobavd(qJci.bovnton-beach.f1.us PROGRAM OBJECTIVES Create a meaningful tribute to the local veterans who gave their lives in service to their country using the elements of the names of the veterans, the eternal flame symbol and the seals/flags of the supporting organizations. Artist must collaborate with hosts to defme the project. Project must culminate in the local presentation, open to the public, of original work(s) created. ARTIST ELIGmILITY Artist must be 18 years or older and meet two of the following criteria: Arecord of professional accomplishment demonstrated through continuous public presentation. CityExperience working with project and landscape planners on incorporating outdoor electrical element and a water element into design if required. ARTIST PROPOSAL REQUIREMENTS & RESPONSmILITIES Provide maquette of Eternal Flame project concept Provide a proposal for Eternal Flame project concept Conceptual and detail design of artwork with lighting (May include water element). Design project and secure approval from the hosts Engineering and permitting of artwork Management of fabrication, construction and installation of artwork Provide maintenance recommendations Provide image ofmaquette in digital format (see specs below) Present original art in a public exhibition dedication or celebration format. Complete the program as described in a formal agreement to be executed by the artist and host organizations. FINALIST'S REQUIREMENT The fmalist will be required to perform the work under contract with the City of Boynton Beach. (Upon request, a copy of the City of Boynton Beach Standard Agreement for Public Art Commissions will be provided for review.) Prior to contract execution, the fmalist will be required to meet with the Public Art Administrator to develop a detailed plan, budget and time line based on the proposal presented. The contract fees, time frame, installation/construction requirement will be negotiated between the fInalist and the Public Art Administrator. No other terms of the contract are negotiable and the City will not consider changes to standard contract language. Upon execution of the contract, a Notice to Proceed ("NTP") will be issued. Within five days of the NTP, the construction contract will be assigned to the fmalist, who must accept the assignment. In the Finalist Review Phase, a point-based scoring system will be utilized to select a fmalist for recommendation to the Arts Commission and City Commissioner. Scores will be based on the following criteria as demonstrated in the presentation, proposal materials and through reference check. (1) Artistic merit. (2) Ability to meet project goals and guidelines. (3) Ability to complete the project. The City is not required to select finalists nor is it under any obligation to bring the project to completion if in their sole judgment, Artists or proposals do not meet eligibility requirements, project goals and/or guidelines. The City has the right to reject any proposal, at any time beginning with the selection process through to mstallation on the grounds that the proposal or artwork, amenities or enhancements appear to have a fault in fabrication; pose a safety hazard including but not limited to standards as defined by OSHA; are fraudulent or non-authentic; require special maintenance or landscaping other than which had been previously identified and agreed to by the City; does not meet project goals and guidelines. AKll~l ArrLILAllUl~ Ll1~L~l~J ;:-'UDillll one ongmal OlIlle TOllowmg nems: (1) Artist project proposal (Include all costs, materials, time line and process explanation) (2) Artistic concept statement (no more than one typewritten page) (3) Maquette (a 1/4 scale model of the project concept) (4) Maintenance & documentation recommendation WORK SAMPLES FOR VISUAL ARTS APPLICANTS Submit one set of images of maquette on CD and one color print out of maquette and proposal concept presentation material must be included with application. CD Minimum image dimension min 4 inch max 10 inch common aspect ratio sizes preferred. Jpeg or PNG 150 DPI min 300 DPI max save Jpeg as maximum size. PDF fIle format is also acceptable. Number the images with artist name lastname.jpeg etc All work samples should be clearly labeled with your name, telephone, title of work and corresponding identification number. DA1.UUH n... .L I U.L'4J J .Lll.LlH l.LUU..LUJJ.r1.FPUvallL. \.vll...d~ v.ue} l.VU. LVl~. 'YU~. Dr. First Name: Middle Initial: Last Name: Age: Date of Birth: If project includes an artist team (beside primary applicant) please list the additional name(s): Primary Applicant Address: City: Zip Code: State: Country: Telephone (include area code) Web Site: Fax: Email Address: CERTIFICATIO:'J": I certify that I am at least 18 years old, that all documentation and statements made in this application are true and accurate to the best of my knowledge and that the work samples submitted are authentic representations of work that I have completed within the last seven years. I acknowledge that neither the Boynton Beach Arts Commission nor the City of Boynton Beach is liable for the loss or damage of any of the material submitted with this application. Signature of Applicant Type or Print Name of Applicant Date Page PAGE 3 of NUMPAGES 4 James M~astin. EXHIBIT B SOO Northeast 55 Ternlcc Miami, FL 33 Lr' 305.754.19H}. i immastiniu/2:maiLco rn ',.\n, .ja me-Sill asti na r.t.com odginal mot James Mastin Project Contract Proposal American Legion Eternal Flame Memorial Boynton Beach Arts Commission February 2007 Artist's Project Proposal- Eternal Flame This Work will consist of a circular field of poured concrete 10 feet in diameter, colored with dyes incorporated into the finish concrete mix in 5 degrees of sand/beige. A triangular plinth structure 8 feet high x 4 feet wide and 3 feet wide on each side constructed of concrete block covered with stucco, inlaid with five parallel 1/2 inch stainless steel elements encircling the three faces of the plinth. The triangular plinth structure will support triangular-shaped bronze cast sculpture representing flowing water. This bronze element will be 4' wide at the top and approximately 7' along its longest dimension. It will wrap over the top of the plinth, where it will be secured. A 3.5 foot diameter copper metal dish will be designed to hold the water atomizers and LED lights that symbolize the eternal flame. The LED lights will change colors (red, blue and yellow) slowly and can be seen from a long distance, drawing people in towards the site. Cost Estimate Total project cost $35,000 lump sum Cost elements are approximate: Architectural & structural engineering drawings Construction of walkway and plinth Bronze element (includes models, molds & casting) Plumbing and electricity to plinth - by City Copper dish 3.5'wide with a 12" collar to secure into plinth And 12" wire mesh to protect dish elements Atomizing equipment with LED lights, light control box and transformer 3 Bronze plaques (casting only*) and Eternal Flame Memorial lettering Contingency $ 1,500 $12,000 $ 7,000 $ N/A $ 4,000 $ 2,000 $ 4,000 $ 1,800 Timeline Target completion date in time to celebrate Nov. 11 Veterans Day. Completion date is estimated 8 -9 months from date of approval to begin. Construction drawings 12 weeks Permitting 4 weeks Bronze element sculpted 4 weeks Bronze element casting Bronze plaques casting Dish fabrication Installation of concrete walkway Installation and stucco of plinth 6 weeks 6 weeks 4 weeks 1 week + cure time 2 weeks + cure time Process explanation Construction drawings by Goldenhotz and Assoc., Architects of Sunrise, Florida. Installation by general contractor. An effort will be made to utilize existing concrete pad; City will need to demolish existing pedestal. Plumbing and electrical lines by City Site oversight by Artist Fabrication of dish by fabricator Bronze elements sculpted by Artist, cast at foundry Artistic Concept Statement A sculpture of concrete, bronze and stainless steel topped with an illuminated fountain representing the eternal flame of life. A concrete plinth approximately 8 feet high will support a circular dish of copper with a diameter of about 3.5 feet and a depth of about 15 inches will contain a mist fountain with a 2 foot plume made of atomized water illuminated and colored with L.E.D. lights in red, yellow and blue. The plinth will be encircled by 4 stainless steel bands that divide the plinth into 5 increasingly smaller segments , representing the successively fewer combat deaths in each of the 5 major wars that the US joined: World War I, World War II, Korean War, Vietnam War and Persian Gulf War. The water will evaporate on its way to the ground. Overhanging the front will be a bronze sculpture symbolizing flowing water, and the confluence of the rivers oflife, backlit with LED lights. The back two sides of the triangle will hold the seals of the City of Boynton Beach, the American Legion, and the MIA symbol. The sculpture will need a water and electricity to the plinth. Maintenance and Documentation Recommendation LEDs have a projected useful life of 100,000 hours. Atomizer ceramic element will need to be cleaned twice each year. Concrete to be pressure cleaned once each year Bronze sculpture and dish will achieve own patinas over time. Apply clear hard wax once each year. Artist's design fee Field Oversight Permitting by City $ 3,000 $ 3,000 $ N/A Estimated costs exceed budget but project will be produced for the approved budget that the RFP states. * RFP specified 3 plaques, Veterans Seal, MIA Seal and the City of Boynton Beach Seal. Cost to supply artwork for casting not included. Discussion at presentation of additional plaques by Veterans Advisory Commission was raised. Additional plaques will be collaborated by all parties involved in the project for esthetic, functional and cost consideration. Payment schedule 50% to start 25% after casting bronze element 15% after installation of dish element 10% at completion Materials Walkway -Concrete (existing pad to be resurfaced) Plinth - Concrete block! stucco/ inlaid 1" stainless steel bands Water atomizers LED lights and controls Bronze sculpted to depict a water floVving element finished in brown patina Casting of bronze plaques of City, MIA symbol, American Legion (plaque designs and models ready for casting to be provided. Casting additional plaques not included in this budget. ) Bronze letters for name of sculpture attached to concrete plinth Names of Veterans that died in the wars from Boynton Beach on a bronze plaque or imbedded in the cement under the wars they served. Stainless steel bands Power requirements 110-volt electric line with minimum of 30 amps Electric timer switches to control water and electricity Water requirements Non-potable water at standard pressure EXHIBIT C March 1, 2007 To: City of Boynton Beach Art in Public Places Debby Coles-Dobay From: City of Boynton Beach Veteran's Advisory Commission Tom Kaiser, Chair Bob Zimmermann, Co-Chair 0c--6- '7~7n~~ ,4g Subject: Eternal Flame Memorial On behalf of myself, Chair, Tom Kaiser, and the Veteran's Advisory Commission, we are pleased to accept the Eternal Flame Memorial concept presented and proposed by artist, James Mastin on February 15, 2007. This Eternal Flame Memorial concept serves as a monument to honor all veterans of World wars who sacrificed their lives in order to have freedom and peace in the United States of America. cc: Chuck Magazine, coordinator for the Veteran's Advisory Commission EXHIBIT 0 MINUTES OF THE VETERANS ADVISORY COMMISSION MEETING HELD ON WEDNESDAY, APRIL 18, 2007, AT 10:00 A.M. IN CONFERENCE ROOM B, CITY HALL, BOYNTON BEACH, FLORIDA Present: Tom Kaiser, Chair Stanley Gavlick Lester Mckenzie Karl Washington Robert Zimmerman Chuck Magazine, City Liaison Absent: Morris Boruck David Buckner I. Call to Order Chair Kaiser called the meeting to order at 10:02 a.m. II. Pledge of Allegiance to the Flag Chair Kaiser led the Pledge of Allegiance to the Flag. III. Eternal Flame Memorial Mr. Magazine explained he contacted Congressman Klein about the Memorial Day and/or American Legion activities and would be advised later in the week whether Congressman Klein would attend. The Veterans Council meeting will be on the first of May. Chair Kaiser indicated the American Legion would be unveiling its memorial on May 30th at 6 p.m. Former Vice Mayor Ensler would be honored for his contribution and dedication to the Veterans at that time. Chair Kaiser polled the members which park they preferred for the location of the Eternal Flame monument to be located in. There was unanimous agreement the monument should be placed at Bicentennial Park. IV. Adjournment There was consensus to adjourn. Chair Kaiser gave the benediction and the meeting adjourned at 10: 10 a.m. g}~::{;6i~W!\f'@11 Recording Secretary 051607 Meeting Minutes Recreation & Parks Board Boynton Beach, FL . April 23, 2007 Bids would be solicited with regard to the construction of Jaycee Park, located on South Federal Highway. This waterfront property was purchased by the City of Boynton Beach from the Florida Inland Navigational District and would provide public access to the water. Other improvements would include restroom facilities, a playground, informational kiosks, a walking trail and pavilions. Thereafter, in approximately two years, the lowland improvements along the water are anticipated and would include a small dock and provisions for water-related activities. The Southeast Neighborhood Park was completed. Staff is reviewing proposals in order to hire a consulting engineering firm to examine the boardwalk at the beach and possibly the boardwalk at Jaycee Park, if permits can be obtained. Improvements would also be considered for the boardwalk at Boat Club Park, as the top rail of the fishing pier is in poor condition. With regard to the Congress Avenue Boundless Playground project, staff expects to appear before the City Commission in May 2007 to request authorization to negotiate a contract with Gladding Jackson. Gladding Jackson scored the highest rating of those firms that submitted proposals for the construction drawings. At this point, staff is working on a funding analysis of the project and telephoning people who may have influence in the County in order to obtain their opinions. B. Public Art - Bicentennial Park Some time ago, Tom Kaiser, Chairman of the Veterans Advisory Commission, requested and received the endorsement of the Recreation and Parks Advisory Board to develop Veterans Park. Subsequently, the Veterans Advisory Commission became familiar with Bicentennial Park, which is located on South Federal Highway, directly east of the City's animal shelter, and is twice as large as Veterans Park. While the Veterans Advisory Commission believes that the development of either park would be beneficial to the community as the parks are in close proximity to each other, they indicated their preference for Bicentennial Park. Therefore, the f\/v\ \lO ~. name of the "/V1~r:D_9r.igL.woI.JJd_be-Cha+lggd~Q.l:cUn9J.y.. Veterans Park could be developed at a r) \ later date, and the monies earmilrked for Veterans Park would be allocated to Bicentennial Park, allowing for a more attractive park which would include a Veterans' Memorial and improved landscaping. Mr. Majors requested the board's endorsement to allow for the development of the Veterans' Memorial and related development activities at Bicentennial Park. This would allow for a consensus of the Veterans Advisory Commission and the Arts Commission. Mr. Majors and Ms, Rivers would then begin developing a plan for Bicentennial Park. Thereafter, the memorials at Intracoastal Park would be transferred to Bicentennial Park, with efforts to include the submariner in the transfer. Motion Mr. Barie moved to endorse the use of Bicentennial Park for the development of the Veterans' Memorial and related development activities. Ms. Sloan seconded the motion that passed unanimously. 2 Arts Commission Meeting Minutes Boynton Beach, FL September 26, 2006 Ms. Coles-Dobay discussed Town Center at Ocean Front Park and Ocean Tower and explained this was the development that would include Veterans Park. The developer was partnering with the CRA and there were areas for public art and the Eternal Flame Project. There were still areas that needed to be acquired and there may be litigation. The members discussed whether they could develop the site without the entire properties. Commissioner Ensler wanted to see some designs for the Eteiiial Flame now; she questioned whether they could develop the site when they do not know the future of the park. She indicated the Arts Commission could contact the artists and let them know where the new location would be. The board had previously discussed how to notify the artists about the site. The issue was now to request their visions for what the Etetttal Flatne would look like. The time frame for development was still way out. It was thought if they got a design from an established artist with a plan for the structure, the Arts Commission could always recommend the artist work with the planners for the remainder of the space and look at other ways to add public art to the space. This developer was proposing to install fountains similar to those found in Las Vegas at the Bellagio. She requested confirmation the fountains would be public art and the members agreed it was. The members thought notifying the artists about the project and then having to wait would not be fair. The members discussed contacting the artists and asking for proposals to be received prior to Thanksgiving. The artists would be given $500 for a maquette. Motion Ms. Budano made a motion to move forward on the Veterans Eternal Flame Sculpture to go as noted before, in Bicentennial Park, with the concession that it may need to be moved and the proposal would be received the Wednesday before Thanksgiving. Chair Beau Lieu seconded the motion that unanimously passed. c. Additional projects · Hemingway Square This item was discussed earlier in the meeting. . Yachtsman's Cove This item was discussed earlier in the meeting. · Others . American Legion Ms. Coles-Dobay announced Commissioner Ensler was donating a sculpture to be placed at the American Legion. d. Avenue of the Arts · Artists & Artwork . Sculpture Sites . Timeline . Event Planning 7 "';,. ,. . ~..,;;,..,. , : ~~;: ~~~: <~ 'i. ~'*"Ii.'~ ::.; ,~ ' .;$ ~':".'~~'.'Jz1.:::7I".' ~'-i'11~':~-!' 1" '>Jf' " ~",'i!~ " o- f ,~~-' ~-t .'!-: "_ ~ '$~1E~t.t- ~l"!:, ~ -# of r..'-...."" ilt~f1l~rH1ldl t'dl K. 1-\~lldl IVld~.J"'Y ~-'\ , ':~ fl' , - :'j'l ~\", lOO.)X:1"t1 1J1^~I~ I . U):O I'M . 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I I I EXHIBIT E http:// 172.22.0.1201 exchangel ColesDobayD 1 I nboxl maps.EMLI Blee nten nial%20Park%2 OAerial%2 OMap.J pg IC5 8EA2 8C -18CO-4a9 7 -9AF2 -0 3 6E9 3 DDAFB3 1 Bicenten n ial%2 OPark%2 OAe rial%20Map.J pg?attach = 1 Page 1 of 1 U'tl ,01 ,UUI U): 1b I'M ......'.........., ~ I......' ,.,....,...., I......t-'.J.....~ ...VVJ"J-r, .....^....,,,, _.~1. ..<. . " ,~ ,11!> . . '.:o.~, 'j'~ .. ,I l.-a"-:1i9' ~ ~ . .~ ~.:~ (~~. ftl~ ~ .' · ~W - ,. ~ f - t. I ( '{., ~ eel .L "..; ............' htlo: 11172.22 .0.120/~. ..,iange/ColesDobayD/lnbox/maps.EML/Veteran962 7s9620Park9620Aerlal9620Map.Jpg/CSll.... ., 8C-18CO-4a97 -9AF2-0 36E93DDAFB3/Veteran962 7s9620Park9620Aerial9620Map.jpg?atlaClI = 1 Pa!'le 1 of 1 VI.-CONSENT AGENDA ITEM D. CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORNI Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office 0 April 17. 2007 Apri12. 2007 (Noon~) [2J 0 May 1. 2007 April 16. 2007 (Noon) 0 0 May 15,2007 April 30. 2007 (Noon) 0 0 June 5, 2007 May 14,2007 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office June 19.2007 June 4. 2007 (Noon) August 7. 2007 June 18,2007 (Noon) o July 2. 2007 (Noon) :: :::= July] 6,2007 (Noon)-< W a ~-) ~J --l July 3. 2007 July 17,2007 - , -_.j-';'" """'-:(:.. _) -'I ~-~ ........1 '10 ..; _." NATURE OF AGENDA ITEM o Announcements/Presentations o Administrative [2J Consent Agenda o Code Compliance & Legal Settlements o Public Hearing ::::>n o City Manager's Report :::T- O New Business o o o ',f) -:'; \_~ :::) :.: 1..0 Legal Unfinished Business w <::;) ., -,-, CJ -r., '::-J~~ c.qe; RECOMMENDA TION: Approval of donations to the Juvenile Transition Authority in the amount of $6,500.00 and to the Boy Scouts of America in the amount of $5,000.00 and to MAD DADS of Greater Boynton Beach in the amount of$5,000.00. The donations are to come from the police department's Law Enforcement Trust Fund established pursuant to Florida State Statute 932.7055. All of these organizations have received donations from this fund in the past and are qualified to receive funding as each organization provides a drug abuse, drug prevention or safe neighborhood educational component in their programs. EXPLANATION: Florida State Statute 932.7055 provides that when a law enforcement agency seizes property or currency pursuant to the state forfeiture statutes, the proceeds are deposited into a Law Enforcement Trust Fund. The funds may be expended for law enforcement purposes upon request of the chief of police to the governing body of the municipality. Florida State Statute 932.7055(5)(c)(3) provides that: ... any local law enforcement agency that acquires at least $15,000. 00 pursuant to the Florida Contraband FOljeiture Act within a fiscal year must expend or donate no less than 15% ofsuch proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention. safe neighborhood or school resource officer program (s). The local law enforcement agency has the discretion to determine which program(.s) will receive the designated proceeds. In accordance with this statute, organizations receiving funding will provide an accounting for any monies received PROGRAM IMPACT: The Law Enforcement Trust Fund account currently has a balance of $195,106.37. The donations which total $16,500.00 will count toward the required 15% expenditure. FISCAL IMPACT: Expenditure to be charged against account number 691-0000-247-04-25. No adverse affect on departmental operations. ALTERNATIVES: None. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Ii 4711JL- / Dep<ftment Head's Signature I I I: City Manager's Signature Assistant to City Manager .~. ~~/ Department Name City Attorney Finance S\BULLETlN\FORMSIAGENDA ITE!\l REQUEST FOR\1.DOC The City of Boynton Beach Police Department ':A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard Po. Box 310 Boynton Beach, Florida 33425-0310 Phone.. (561) 742-6100 Fax: (561) 742-6185 G. Matthew Immler, Chief of Police TO: LAW ENFORCEMENT TRUST FUND RECEIPIENTS The City of Boynton Beach is pleased to provide you with a donation from the Police Department's Law Enforcement Trust Fund Account. Florida State Statute 932.7055 provides that organizations receiving funding from the Trust Fund Account shall provide an accounting for such moneys and shall furnish the same reports as an agency of the municipality that receives public funds. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education or drug prevention programs. By signing this form you acknowledge that your organization complies with the requirements of the above stated Florida State Statute and that the funds you have received will be used only for the purposes stated therein. By acceptance of funding you also agree to submit an accounting of how the monies that your organization received were expended. There is no particular format for this report; however, it should clearly indicate where the funds went and how the expenditure complies with the statute. This report is to be submitted to the Chief of Police no later than one year from the date that funding was received. If you would like additional information regarding Trust Fund expenditures, please contact the Police Department's Office of Professional Standards at 561-742-6105. Acknowledged: Signature Organization America's Gateway to the Gulfstream rrne Juvenife q'ransition Center, Inc. 1901 N. Seacrest (Blvd. (Boynton (Beacn, PL 33435 May 17, 2007 Contact: Sheryl Groover-Lockett, Program Manager Office- (561) 742-6557 Ce11- (561) 306-0260 Law Enforcement Forfeiture Fund Request A. Organizational Mission The Juvenile Transition Center's mission lS to mitigate the incidents of youth violence and juvenile delinquency by providing education enrichment, mentoring and job training skills to youth ages 12-19 in Palm Beach County. B. Purpose of Request The JTC staff is requesting a $6,500 donation to provide scholarship opportunities to college-bound program graauaces. In addition funds will be allocated to promoting safe neighborhoods and drug-free communities through the facilitation of interactive youth summits. Subsequently, motivated youth will begin cultivating safe and drug-free neighborhoods by refraining from youth violence, juvenile delinquency and gang-activity. It is our belief that once our students realizes how destructive their imprudent decisions can be to their own living conditions, Lhey will buy-in to developing a sense of neighborhood loyalty and ownership, and perhaps begin to enhance and maintain the quality of life for all community members. Thank you in advance for your unmitigated community supporL for the Boynton Beach youth programs. See you tomorrow. G3rtjltaJlk ,-~)fg;lfj(' - .91&:Yuy (561) 742-6557, (561)306-0252 emai1: chillout@bellsouth.net 1 ~ ~ GULF STREAM COUNCIL, INC. BOY SCOUTS OF AMERrCA 8335 North Military Trail Palm Beach Gardens, FL 33410-6329 (561) 694-8585. Fax (561) 694-9050 May 18.2007 Chief of Police G. Matthew Immler Boynton Beach Police Department 100 E. Boynton Beach Blvd ~ PO Box 310 Boynton Beach, FL 33425 Dear Chief Immler: For 97 years the Bqy Scouts of America has been know for its traditional objectives In Character Building, Citizenship Training, Self-reliance, Duty to God and Country, and respect tor others. Today these objectives are more important than ever. When we ask parents why they have signed their children up for Scouting, one answer stands out They know Scouting for its character-building reputation and that it will deliver. Scouting does not happen in a community without strong leadership and major financial support Therefore, we are asking the Boynton Beach Police Department to Invest $5,000 towards Scouting in the Boynton Beach area for the year 2007. We appreciate all the help we have received in the past and hope we can continue counting on your support. We think you will agree with us that a strong Scouting program is important to the community of Boynton Beach. We need your help to support this essential program in your area. Thank you for your consideration, Sjncere~ ~~. Jim Bowman Manatee District Executive Gulf Stream COLlncil . A Unlled Way Agency se,..,ing the Y'Julh Of Palm Beaen. Man'n. St. l,uCie. InOic:n River, OkeeCfJObee. Glades and Hendry CoontJl!'~~ ZB 391;;1d ""I:)~~m:)/V-lt'3tllS- .:nn9 09061'5519S 8~:9T L00Z/eT/SB Board of Directors CEO, Ben Bryant President, Valerie Bryant Secretary, Doris Jackson Treasure, Leonard Albury MAD DADS OF GREATER BOYNTON BEACH, INC. (Men Against Destruction Defending Against Drugs & Social Disorder) P.O. Box 549 Boynton Beach, FL 33425-0549 Chief G. Matthew Immler 100 East Boynton Beach Blvd Boynton Beach, FL 33435 Dear Chief Immler , On behalf of MAD DADS of Greater Boynton Beach, I am seeking the Boynton Beach Police Department's assistance in providing additional financial support for our After-School Tutorial program that exists within the Heart of Boynton Beach initiative. We are grateful for the city's assistance in the past and know that you understand that it is with partnerships that we are able to provide our youth with opportunities to become upstanding citizens and discourage negative and dangerous behavior. Our after-school program targets Boynton Beach's low-income students who have been identified as "at-risk" for a variety of reasons. These students are given the opportunity to engage in after- school activities that are infused with anti-drug and crime prevention curriculum. These various events help increase these students' self-esteem while being surrounded by positive role models who encourage them to focus on their future and work toward their goals, as well as respect authority and develop citizenship. By becoming active in our program, students are encouraged to explore career opportunities through guest speakers and field trips, participate in group counseling when those services are offered, develop their technology skills, and reduce their chances of becoming part of the juvenile justice system by having a safe school environment open to them at the end of the school day and in the summer months MAD DADS not only enhances its program with an anti-drug curriculum, it keeps our youth in a safe environment during the times many of them would not be receiving adequate adult supervision. The MAD DADS after-school program targets the Boynton Beach K-12 population and operates Monday through Friday from 4:00-8:00 PM, however there are also weekend field trips with our drill team and other events that occur on the weekends. For example, last year, the MAD DADS drill team was fortunate to travel to Orlando for a competition. In short, this program is willing to provide a limitless drug-free, violence-free, and enriching environment for these children, and we are very proud of our results. We are currently servicing approximately 50-70 students who live within the Boynton Beach city limits. There is a one-time $25.00 registration fee. Teachers and staff are paid at an hourly rate commensurate with the fees collected. We are requesting an additional $5,000 to enhance our program. I would also like to take the opportunity to once again invite you and your officers to come out to Congress Middle School to view the work that we are doing for Boynton's children and for our community. I look forward to hearing from you and perhaps meeting to discuss this further at a mutually convenient time. Sincerely, ~..- la.. ~~~. Ausbee Ben Bryant Sl\\"::_<':k- / .. ""'- /' ."\ ~ ./ \ i " \1JJ\ ;:r; \0\ IV \,.j>>- ,"_,-, ,>"ij~ '\r ~.~ 'v -- ..-", "" " -rON "" VI.-CONSENT AGENDA ITEM E... 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 Meeting Dates in to City Clerk's Office 0 April 17,2007 April 2, 2007 (Noon.) [8J June 19,2007 June 4, 2007 (Noon) 0 May 1, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30,2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D RECOMMENDATION: Motion to approve the "LAS VENTANAS" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Survey and Mapper). EXPLANATION: The record plat review for this project commenced on November 28,2006, to which the third and final review is currently being completed. Severe plat preparation changes not withstanding, staff now recommends that the City Commission approve the plat as presented subject to fmal signatures by the City Engineer and Mayor. This record plat is the next step in the process of developing that vacant tract (fka Gulfstream Lumber) on the west side of South Federal Highway and on the north side of Woolbright Road. The record plat preparer has stated that all minor changes necessary to this instrument (other than the abandonment of certain utility easements) are in compliance with those comments noted in the last review letter. PROGRAM IMPACT: The proposed development will continue to be delayed until the proposed record plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations, The Land Development Pennit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction pennitting commences after the issuance of the LDP. FISCAL IMPACT: None AL TERNA TIVES: The proposed development will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for pennitting, // II . / i,/ /' . /.:/ / i f 1. t. c. U i. ; \; -13 ~ / " ,. Department Hea<rssignature " f.. I 'j i ' i _j ! ) I .J k 1.__ . I tP/{t City Manager's Signature Assistant to City Manager C~ Public Works / Engineering Division Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC @ <'""'>>~""""""'''''''~_'''~;''''''''1i1'''''''''A;'"'''' ~ to l- V! w DC o ~ V! I E BOYTON BEACH BLVD. I ! SE 12 AVE O' ffl ii o. Ifl i 1 r I I LOCATION MAP NOT TO SCALE E OCEAN AVE. ~ :r: ~ w o w U- VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORiu Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meetin~ Dates Date Final Form Must be Turned in to City Clerk's Office c=J April 17,2007 c=J May I, 2007 c=J May 15,2007 April 2, 2007 (Noon.) X June 19,2007 April 16, 2007 (Noon) D July 3, 2007 ~130,2007 (Noon) D July 17, 2007 May 14,2007 (Noon) D August 7, 2007 June 5, 2007 NATURE OF AGENDA ITEM o AnnouncementslPresentations o Administrative X Consent Agenda o Code Compliance & Legal Settlements o Public Hearing June 4, 2007 (Noon) June 18, 2007 (Noon) July 2, 2007 (Noon) ("") <:::) C") ---l July 16, 2007 (Noon) -..J =i-< ~~. -/ -. ~~ <-.J ;::r~ -t/ ~ W CD 0 ,.'1 C) City Manager's Report 0 .J_< -~. --~'" 0 New Business -u JJC; ~ 0 Legal .~:::::: r:-:> -:1 -nw 0 Unfinished Business U1 -I'l (-, :c> ~ ""0 0 - ~ RECOMMENDATION: Staff recommends that Commission approves the downgrade of one (1) position in the Development Department, an (1) Application Technician (Grade 11), which is currently vacant, to an entry level position of Application Associate, Grade 10. EXPLANATION: The Development Department has had difficulty filling openings for the Application Technician position, which is a Grade 11, because this position requires three (3) years previous experience. The proposed new position of Application Associate (Grade 10) will require one (1) year of clerical/customer services experience and will provide for on-the-job training. This change will increase the number of qualified applicants, will enable the department to establish a pipeline for future Application Technicians and will also require less funding. PROGRAM IMPACT: This entry level position will allow the Development Department to train and develop a qualified applicant who does not have three (3) years experience in building construction and/or permitting. FISCAL IMPACT: Current year budget funding 001-2411-524.12-10. This downgrade will save the City $1,346 annually. AL TERNA TIVES: Do not approve the entry level position of Application Associate in the Development Department and continue to advertise for the Application Technician which requires three (3) years previous experience and is difficult to fill, thus .the position may continue to remain vacant. Human Resources Departmeht City Manager's Signature Assistant to City Manager C~ Department Name City Attorney / Finance S:\HR\Agenda Items\Agenda Items 2007\Agenda Item Request Application Associate.doc DEPARTMENT OF HUMAN RESOURCES MEMORANDUM NO. 07-054 To: Kurt Bressner. City Manager Through: Sharyn Goebelt, IPMA-CP Human Resources Director From: . I Marylee Coyle, SPHR, CCP '/ile-_ c..... Assistant Director Human Resources ,> / i h'~ " C. Date: May 3, 2007 Subject: New Job Class - Application Associate Attached for your review is a (draft) job description for a new position Application Associate Grade10. This entry level position was requested by the Development Department to allow them to develop an applicant who may not have three years experience in building construction and/or permitting as is required for the Grade 11 Application Technician. The qualifications have been revised to allow for on-the-job training and the establishment of a pipeline for future opportunities to attract a larger pool of applicants. The Department has had difficulty filling the current opening for an Application Technician. The new job description for the Application Associate is attached for your review and approval prior to submission to the Commission. You can indicate your approval by signing below. .] Approval: ~kfl2..--- jc;/.__, ,>~ 71(: ) Date: ~I . f-\ttached' Draft Job description - Application Associate Class Code: Grade: 10 FLSA: N CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: (Draft) APPLICATION ASSOCIATE PURPOSE OF CLASSIFICATION The purpose of this entry level classification is to assist customers with permitting submittal directions and pre-permit application checklists, establishes primary and sub permits, determines the completeness of permit applications, process permit applications, collect fees, issue building permits, and record data in computer system ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Coordinates daily permit submittal activities; organizes, prioritizes, and directs permit work to the plan review staff; monitors status of permit applications; consults with assigned staff, assists with complex/problem situations, and provides technical expertise with respect to submittal of permit applications. Interprets explains, and ensures compliance with all applicable federal, state, and local codes, laws, rules, regulations, specifications, standards, policies and procedures related to processing of permit applications; initiates any actions necessary to correct deviations or violations. Reviews building permit applications, site plans, and construction documents for completeness and conformance with applicable permit submittal procedures: ensures that projects have approval from proper agencies; monitors status of pending applications: maintains records and plans of projects which have been processed/approved by the Planning & Zoning Division and the Engineering Department Provides information and assistance concerning permit requirements, public information requests, and zoning Issues; explains the permit application process and associated fees to customers; assists applicants with applications and with completion of handouts/forms used by the department; refers applicants to other departments to facilitate permit issuance; explains plan review process to the public, including how to respond to plan review comments Responds to complaints and assists disgruntled customers; provides information, explains procedures, researches problems. and initiates problem resolution. Calculates permit fees: receives monies in payment of permit fees, plan filing fees, water/sewer fees, impact fees, or other departmental fees/services; records fees collected and other cash transactions; issues receipts balances daily currency transactions Issues permits and turnaround permits; issues burglar alarm decals and garage sale permits Denies permits based on failure to meet minimum code requirements; rejects incomplete permit applications Validates owner of property and owner agent authorization assigns addresses and property control numbers, assigns permit application numbers Page 1 Last Revised: April 2006 City of Boynton Beach, Florida' Application Associate Checks contractors licenses to verify proper Insurance coverage and current workerscor:lpersatlor. Insurance coverage Retrieves records/files for a variety of requested Items which may Include plans bUilding pernl!ts property records or flood zone elevations Generates receives. and reviews vanous records forms reports, and applications for he p'Jroose ~ completing or verifYing for accuracy Sets up Initial permit application files to ensure presence of all required copies of pertinent forms, plans materials reports. records, and other documents: ensures distribution of documents as necessary Prepares or completes various forms. reports. correspondence pian submittal checklists, plan reVle'l, checklists. charts, or other documents Receives various forms, reports correspondence, permit applications, architectural plans, engineering plans owner plans blueprints, surveys, engineering reports. permits density reports, notices of commencement maps codes ordinances, poliCies, manuals, reference materials or other documentation: reviews com pletes processes forwards or retains as appropriate Operates a computer to enter, retrieve, review or modify data maintains computerized files; utilizes word processing database, or other software programs. Copies and distnbutes forms, reports, correspondence, and other related materials, makes microfilm copies coordinates blueprint reprints MaintainS accurate records/files of all work processed; sets up files/records; locates, removes. and/or files documents prepares documents for imaging. Performs research functions as needed researches flood zone areas, zoning maps, zoning books, and past perm ItS Receives and responds to various Inquiries and concerns from City departments, property owners contractors, and the general public Acts as liaison between supervisor, other departments. and outside agencies; gathers and relays Information as needed Answers the telephone prOVides information, gUidance and assistance takes and relays messages cy directs calls to appropriate personnel returns calls as necessary. Con~munlcates vVlth supervisor. employees. other departments city offiCials state/local agencies cooe en:orcement personnel, law enforcement personnel. architects, contractors, engineers consultants agef1:s :he publiC outSide agencies and other Individuals as needed to coordinate work actiVities review status at WOI~~ exchange Information resolve problems or give/receive adVice/direction .Aneilds rneetings serves on committees as needed makes speeches or presentations Maintains a current knowledge of applicable laws/regulations, maintainS an awareness of nevv materialS :::ev.ces products, and construction methods, reads pro'esslona! literature maintains profesSi01al afflllati:)"s a:terds viOrks1ops and training sessions as appropriate Page 2 Created: May 2007. City of Boynton Beach, Florida. Application Associate ADDITIONAL FUNCTIONS Provides assistance or coverage to other employees as needed Performs other related duties as required MINIMUM QUALIFICATIONS High school diploma or GED, one (1) year prevIOus experience and/or training involving related clerical, data entry, or customer service work. Previous experience in building construction permitting and the associated knowledge concerning building construction, building plans review and the laws and ordinances pertaining to building construction permitting and inspection is preferred Previous experience and/or training in building construction and plans review are preferred Must possess and maintain a valid Florida driver's license. PERFORMANCE APTITUDES Data Utilization Requires the ability to calculate and/or tabulate data. Includes performing subsequent actions in relation to these computational operations. Human Interaction. Requires the ability to provide guidance, assistance, and/or interpretation to others regarding the application of procedures and standards to specific situations. Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions Verbal Aptitude Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and Information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to Interpret graphs Functional Reasoninq Requires the ability to apply principles of rational systems; to interpret instructions furnished in written, oral, diagrammatic, or schedule form; and to exercise independent jUdgment to adopt or modify methods and standards to meet variations in assigned objectives Situational Reasoninq Requires the ability to exercise judgment, decisiveness and creativity in situations Involving evaluation of Information against measurable or verifiable criteria. ADA COMPLIANCE Physical Ability Tasks require the ability to exert light physical effort in sedentary to light work, but which may Involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds) Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements Some tasks require the ability to perceive and discriminate sounds, texture. and visual cues or signals Some tasks require the ability to communicate orally Environmental Factors Performance of essential functions may require exposure to adverse environmental conditions such as dirt, dust. pollen, odors, wetness, humidity, rain, temperature and nOise extremes bright/dim light. machinery, electric currents, or traffic hazards. Page 3 Created: May 2007: City of Boynton Beach, Florida' Application Associate The City of Boynton Beach Florida. IS an Equal Opoortunity Employer In compliance with the Americans wltn Disabilities Act. the City will provide reasonable aCCOMmodations to qualified Individuals with d.sabllltles and encourages both orospectlve and current employees to discuss potentiai accommodations With tn;:. em pioyer Page 4 Created: May 2007: VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM G. AGENDA ITEM REQUEST FORI.. 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 Offi ce Meeting Dates in to City Clerk.s Office 0 April 17, 2007 April 2, 2007 (Noon.) ~ June 19. 2007 June 4, 2007 (Noon) 0 May 1,2007 April ]6,2007 (Noon) 0 July 3. 2007 June ]8,2007 (Noon) 0 May ]5,2007 April 30, 2007 (Noon) 0 July 17.2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16, 2007 (Noon) n ::J -l :::{-< -<0 C) ." -~-OJ -" Cl -J ~.~ :;; d~lop8cEJSoutheast '::::>Z -"CD ::::!f'T1 - C'") EXPLANATION: As per ordinance no. 06-078, the procedure to name a City facility shall be initi~ b~equest by the City Manager to the City Commission. The Recreation & Parks Department received a recommendation,~hich was .orwarded to the City Manager, to name the new park in honor of Mrs. Thomas. The City Manager supports the recommendation. Consent Agenda o o o o o City Manager's Report New Business NA TURE OF AGENDA ITEM o o ~ o o Administrative Announcements/Presentations Code Compliance & Legal Settlements Public Hearing Legal Unfinished Business o -J :J: :::=a -< RECOMMENDATION: To approve the initiation of the process to name the newly Neighborhood in honor of Betty Thomas. PROGRAM IMPACT: Betty Thomas was a member of the Recreation & Parks Advisory Board for more than 30 years. Some additional points of interest about Mrs. Thomas include: . Moved to Boynton Beach from Wyoming in 1953 . Teacher at Boynton Beach Elementary Schoo I from 1957 -1976 . Principal at Galaxy Elementary School from 1976-1987 . Principal at Caloosa Elementary School (Boca Raton) 1987-1993 . Member of the Boynton Beach Woman's Club since 1968 . Member of the Boynton Beach Historical Society . Committee member of the Children's Museum According to Ordinance No. 06-078, the criteria used to determine the appopriatemenss of the naming designation includes: A person or place of historical or cultural significance. Staff believes Mrs. Thomas's accomplishments are consistent with the stated criteria. FISCAL IMP ACT: $5,000 to purchase the sign for the park (Acct. # 302-4298-580-63-05) ALTERNATIVES: Do not approve the initiation of the process to name the park in honor of Mrs. Thomas /~ Department Head's Signature City Manager's Signature~ Assistant to City Manager Recreation & Parks Department Name City Attorney / Finance S:\BULLET]N\FORMS\AGENDA ITEM REQUEST FORM. DOC RECREA TION DEI> ARTMENT MEMOR.\NDVM NO. 07-44 FROJ\1: KUl1 BressneL City Manager Wally Majors, Recreation & Parks Director'h I TO: DATE: . April 4, 2007 SUBJECT: Naming of Southeast Neighborhood Park in honor of Betty Thomas Attached is a copy of an email I received on March 23 from Bill Orlove. a member of the Recreation & Parks Advisory Board, asking that we consider naming our new park in honor of Betty Thomas. Construction of SE Neighborhood Park will be completed before the end of this month. According to Ordinance No. 06-078, a request for naming of a facility shall be initiated by a request by the City Manager to the City Commission. As you may recall, Betty Thomas was a member of the Recreation & Parks Advisory Board for more than 30 years. Some additional points of interest about Mrs. Thomas include: . Moved to Boynton Beach from Wyoming in 1953 . Teacher at Boynton Beach Elementary School from 1957-1976 .. Principal at Galaxy Elementary School from 1976-1987 . Principal at Caloosa Elementary School (Boca Raton) 1987-1993 . Member of the Boynton Beach Woman's Club since 1968 . Member of the Boynton Beach Historical Society . Committee member of the Children's Museum According to Ordinance No. 06-078. the criteria used to determine the appopriatemenss of the nanling designation includes: ~-4 person or place q.f historical or cztltural sign~'fic(!nce. \\/e believe Mrs. Thomas's accomplishments are consistent with the stated criteria. /\\'111 (attachment) C: Wilfred Ha\\-,kins Majors. Wally _ubject: wholko@adelphia.net Friday, March 23, 2007 10:46 AM Majors, Wally Southeast Neighborhood Park From: Sent: At our last meeting, you and Jody mentioned the progress on Southeast Neighborhood Park Sin".: it is near ~JJnpletion, do YOLl think this would be a good naming opportunity? If so, I think we should consider the park named in Betty Thomas's honor. I don't know ifshe would favor it, but I think she is certainly worthy of the honor for all she has done for the city, particularly as a member of the advisory board. I don't recall what happened to the new committee that the commission planned to organize to handle nominations for municipal buildings and parks. I think it would be good to pursue the naming of the park in Betty's honor around the time the park is opened. Keep me informed on this request and let me know if you want me to do anything to make this happen. See you in April as I will be out of town next week and unable to make Monday's meeting. ----Bill CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORLu VI.-CONSENT AGENDA ITEM H. Requested City Commission Date Final Fonn Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clcrk.s Office D Aplil 17,2007 April 2, 2007 (Noon.) :gj June 19.2007 June 4. 2007 (Noon) D May I, 2007 Aplil 16,2007 (Noon) D July 3. 2007 June 18, 2007 (Noon) D May 15. 2007 Aplil 30, 2007 (Noon) D July 17.2007 July 2. 2007 (Noon) lune 5, 2007 May 14.2007 (Noon) D August 7, 2007 July 16,2007 (Noon) RECOMMENDATION: Motion to approve the approved budgeted purchase of the DelllEMC $178,852.32 as follows: $84,017.15 from EOC account #001-2220-525-64-15 $87,210.61 from Utilities Department account #401-2821-536-64-15 $ 7,624.56 from I.T.S. account #001-1510-513-64-15 Storage Area Network (SAN) ill CJ lJ-l =i-< -<0 <::-1 ." co ""'10 CJ1 .:::~--< ,~"" ""':V" " ::.,-) :::; :J:: c ~z ."co N -f'"l1 -oJ ~)> the amount~f c::> -.J ::r: :=:ra -< D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM X Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D EXPLA.~ATION: Providing an infrastructure for business continuity and disaster recovery is one of the primary goals of the I.T.S. Department. The purchase of the DELL/EMC Storage Area Network (SAN), an important element of this goal, provides data security through bi-directional replication of our informational assets. The data replication will occur between our two hardened facilities (eventually both E.O.C. buildings), providing us with a higher chance of recovery in the event of a declared disaster or evacuation. Updated copies of our critical information will be available at either site, and can be accessed and brought back online, in the event of loss at either building. The existing SAN does not provide this functionality. In addition, the existing SAN is at the end of its life-cycle (purchased over 5 years ago). Vendor support for the existing SAN will no longer be available after the current year, which is why it is critical that the system be replaced. PROGRAM IMPACT: This storage solution will be the key to our objective for replicating and protecting our information resources between our existing Utilities ITS Data Center, located in the same building as our current Emergency Operations Center (EOC), and the City Hall ITS Data Center. Future aspects of this replication/protection model will include the replication of data to the new E.O.c.' once it has been built. FISCAL IMPACT: (Include Account Number where funds will come from) The DELL/EMC solution was selected from a group of six vendor proposals that were requested. Of the six, the DELL/EMC solution was the least expensive, while still providing us with the features we felt were necessary for this solution. DELL/EMC is on the State of Florida's "State Contract Pricing" structure, but has also provided us with a cost savings above and beyond their committed price. The proposed solution would normally be priced at $407,027.87 under the State Contract pricing structure. DELL/EMC is providing us with an additional discount of$232,665.66, and offering the system at the price of $178,852.32. S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC ~ors, Wally From: Sent: To: Cc: Subject: Bressner, Kurt Saturday, May 12, 2007 9:33 AM Lejeune, Carisse Majors, Wally SE Neighborhood Park Attachments: KMBT35020070511090000.pdf .. KMBT35020070511 090000.pdf (44 ... C . ansse, Please work with Wally to prepare a complete agenda package for the Meeting of June 19th. I support the naming of the park after Betty. Kurt ------------------------------------------------ Florida has a very broad public records law. Most written communications to or from local officials regarding City business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. -----Original Message----- From: bizhub@ci.boynton-beach.fl.us [mailto: bizhub@ci.boynton-beach.fl.us] Sent: Friday, May 11, 2007 9:00 A!v1 To: Bressner, Kurt Subject: [Image File] KURT,KMBT350, #290 FROM: Image data has been attached to the E-Mail. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The approved budgeted amount was $84,000 in the EGC budget and $92,000 in the Utilities Department budget. The shortfall ($7,624.56) for the equipment on the I.T.S. side will be absorbed by the I.T.S. department budget utilizing the approved funding for wireless equipment ($8,000). The distribution of funds will be as follows: . $84,017.15 from EGC account #001-2220-525-64-15 . $87,210.61 from Utilities Department account #401-2821-536-64-15 . $ 7.624.56 from ITS. account #001-1510-513-64-15 ALTERNATIVES: Eliminating new initiatives and enhancements for the city's IT infrastructure eventually results in an overall expanded budget of supporting old, out dated technologies. Continuing past methods of adding computer servers with attached data storage is done at substantially increased cost. ., City Manager's Signature Department Name City Attorney 1 Finance ~ S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DATE S/01/07 DELIVER BY DATE 5/31/07 VENDOR PART NUMBER JRCHASE REQUISITION NBR. 000004283~ STATUS. INSUFf'ICIENT FUNDS REQUISITION BY. ITS REASON. NECESSARY DATA STORAGE SHIP TO LOCATION. ITS SUGGESTED VENDOR. '77 3 6 DEI,L MARKE:TING LP LINE UNIT EXTEND NBR DESCRIPTION QUANTITY UOM COST COST PER QUOTE #355725546 FIBRE CHANNEL STORAGE l.OO EI\ 53616.0800 53616.08 PROCESSOR ENCr.oSURE COMMODITY: COMPUTERS,DP & WORD PROC. SUBCOMMOD. CONTROL & MONITOR SYSTEMS 2 PER QUOTE #355725546 HARD DRIVE BUNDLE (722 8063 ) 1 .00 EA 7245.0200 7245.02 COMMODITY: COMPUTERS,DP & WORD PROC. SUBCOMMOD: CONTROL & MONITOR SYSTEMS 3 PER QUOTE #35S725546 BROCADE 4100 16-32 PORTS ] 00 EA 3332.6500 3332.65 ON DEMAND 4G BPS FIBRE CHANNEL SWITCH-R (222-2653 COMMODITY. COMPUTERS,DP & WORD PROC. SUBCOMMOD. CONTROL & MONITOR SYSTEMS 4 PER QUOTE #355725546 QKIGUC 2340 GB OPTICAL HBA G.OO EA 269.0900 1614.54 WITH WINDOWS 2000 DRIVERS ATTACHED-R (222-2907) COMMODITY: COMPUTERS,DP & WORD PROC. SUBCOMMOD: CONTROL & MONITOR SYSTEMS 5 PER QUOTE #355725546 FC4 DISK ARRAY ENCLOSURE FOR JO EI\ 8107.23CO 8107.21 CX3-20, XC3-40, CX3-80 (222-4355) COMMODITY: COMPUTERS,DP & WORD PROC. SUBCOMMOD. CONTROL & MONITOR SYSTEMS 6 PER QUOTE #35S725546 SOFTWARE ACCESSORIES 00 EA 1191 5900 1191.59 COMMODITY: COMPUTERS,DP & WORD PROC. SUBCOMMOD. CONTROL & MONITOR SYSTEMS PER QUOTE #lS5725846 CX3 10C ISCSI AND FIBRE Et, 72 ~l 5 U80J 67295.0P. CHANNEL STORATE PROCESSOR ENCLOSURE (222 78(1) COMMODITY. COMPUTERS,DP & WORD PROC. SUBCOMMOD. CONTROL & MONITOR SYSTEMS J PER QUOTE #355725846 DAE4P-OS 15X146GB 15K 00 EA 412.7 3600 412 "7 36 4GB CX3-10 HARD DRIVE BlmDLE (222 8063 ) COMMODITY: COMPUTERS,DP & WORD PROC. SUBCOMMOD: CONTROL & MONITOR SYSTEMS 9 PER QUOTE #355725846 BROCI\DE 4]00 16-32 PORTS ON 00 EA 903 2"70C 903.27 DEMAND 4GBPS FIBRE CHANNEL SWITCH-R ( 222 26531 COMMODITY: COMPUTERS,DP & WORD PROC. SUBCOMMOD. CONTROL & MONITOR SYSTEMS 0 PER QUOTE #355725846 QLOGIC 2340 2GB OPTICI\L BBA 00 EA S3 .3000 919.80 WITH WINDOWS 2000 DRIVERS ATTACHED R (222 290-11 COMMODITY. COMPUTERS,DP & WORD PROC SUBCOMMO CONTROL & MONITOR SYSTEMS FER QU(iTF <;72584f, FC4 \J I SK I\RR1, Y EN( SUR] EI\ DATE: 5/01/07 DELIVER BY DATE: 5/31/07 VENDOR PART NUMBER - - - - -- - - - - - - AMOUNT PURCHASE REQUISITION NBR: 0000042 STATUS: INSUFFICIENT FUNDS REQUISITION BY, ITS REASON: NECESSARY DATA STORAGE SHIP TO LOCATION: ITS SUGGESTED VENDOR: 7736 DELL MARKETING LP LINE UNIT EXTEND NBR DESCRIPTION QUANTITY UOM COST COST --- ------ ------------- ------------ ---- --- - - -- ------ ---- - - - - - -- 11 PER QUOTE #355725846 FC4 DISK ARRAY ENCLOSURE EA FOR CX3-20, CX3-40, CX3-80 (222-4355) COMMODITY: COMPUTERS,DP & WORD PROC. SUBCOMMOD: CONTROL & MONITOR SYSTEMS 12 PER QUOTE #355725846 SOFTWARE ACCESSORIES 1. 00 EA 674.1300 674.13 COMMODITY, COMPUTERS,DP & WORD PROC. SUBCOMMOD, CONTROL & MONITOR SYSTEMS 13 PER QUOTE #357125229 DELL EDUCATION SERVICES 1. 00 EA 3789.0000 3789.00 ILT SAN MGMT/SAN DATA PROTECTION COMBO 5 DAY REGIONAL PRICE PER USER COMMODITY, COMPUTERS,DP & WORD PROC. SUBCOMMOD, CONTROL & MONITOR SYSTEMS 14 PER QUOTE #357125229 DELL EDUCATION SERVICES 1. 00 EA 3789.0000 3789.00 ILT SAN MGMT/SAN DATA PROTECTION COMBO, 5 DAY REGIONAL PRICE PER USER COMMODITY, COMPUTERS,DP & WORD PROC. SUBCOMMOD: CONTROL & MONITOR SYSTEMS 15 PER QUOTE #357184790 NEW NO MAINT REPLISTOR 1. 00 EA 2814.5000 2814.50 4 HOST HEADSTART IMPLEMENTATION (A0719315) COMMODITY: CONSULTING SERVICES SUBCOMMOD, COMPUTER/HARDWARE CONSULT 16 PER QUOTE #357184790 NEW NO MAINT REPLISTOR 1. 00 EA 2814.5000 2814.50 4 HOST HEADSTART IMPLEMENTATION (A0719315) COMMODITY: CONSULTING SERVICES SUBCOMMOD: COMPUTER/HARDWARE CONSULT 17 MIGRATION SERVICES PER STATEMENT OF WORK 00 EA 5500.0000 5500.00 SUBMITTED BY BRYAN MCDANIEL 3/27/2007 COMMODITY: CONSULTING SERVICES SUBCOMMOD: COMPUTER/HARDWARE CONSULT 18 MIGRATION SERVICES PER STATEMENT OF WORK 00 EA 5500.0000 5500.00 SUBMITTED BY BRYAN MCDANIEL ON 3/27/2007 COMMODITY: CONSULTING SERVICES SUBCOMMOD, COMPUTER/HARDWARE CONSULT REQUISITION TOTAL: 178852.32 - - - - - - - - - - - -- - - - - - - -- ------------- A C C 0 U N T N FOR MAT o N LINE # ACCOUNT PROJECT DATE: 5/01/07 DFLIVER BY DATE. 5/31/07 VENDOR PART NUMBER - - - - - AMOUNT 53616.08 7245.02 3332.65 1614.54 8107.21 1191.S9 67295.08 4127.36 1903.27 919.80 1618.57 674.U 3789.00 3789.00 28]4.S0 2814.50 S500 00 5500 00 178852.32 0000042834 PURCHASE REQUE:ITION NBR INSUFFICIENT FUNDS NECESSARY DATA STORAGE STATUS REASON EXTEND COST LP NG DELL MARKET tWIT COST 7736 SUGGESTED VEtlDOR ITS ITS REQUISITION BY SHIP TO LOCATION LINE NBR QUANTITY UOM DESCRIPTION 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 100 100 100 ]00 100 100 100 100 100 100 ]00 100 tOO ]00 100 100 100 100 N o N FOR MAT PROJECT A C C 0 U N T MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQur PMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT MACHINERY AND EQUIPMENT COMPUTER EQUIPMENT ACCOUNT 40128215366415 40128215366415 40128215366415 40128215366415 40128215366415 40128215366415 00115105136415 00115105136415 00115105136415 001222052564]5 6415 4012821536641S 00122205256415 40128215366415 00122205256415 40128215366415 00122205256415 00122205256415 001151051 # NE 1 2 10 11 \3 14 IS 16 18 L YEI\R SCAL F JRRRN HE IN s TTON REQUIS Page 1 of3 DELL QUOTATION Date: 3/27/071:07:10 PM QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Customer Name: 355725546 861622 90231 250-000-03-1 3/27/07 CITY OF BOYNTON BEACH TOTAL QUOTE AMOUNT: $75,107,11 Product Subtotal: $75,107.11 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 5 GROUP: 1 I QUANTITY: 1 SYSTEM PRICE: $53,616.08/ GROUP TOTAL $53,616.08 Base Unit: CX3-10C iSCSI and Fibre Channel Storage Processor Enclosure (222-7801) Navisphere Manager Departmental (3-7 HOSTS) for CX3-10c (420-6691) Mirrorview-ASYNCHRONOUS Software License for CX3-10c (420-6697) Visual SRM 30 Day Trial Periodand 1 TB limit, Customer Install (420-5066) GOLD Enterprise Support: 4-Hour 7x24 On-Site Service with Emergency Dispatch,2 YR Ext (982- 1062) GOLD Enterprise Support: 7x24Escalation Manager, Hardware/Software Tech Phone Support, Enterprise Command Center, 3 (982-1102) GOLD Enterprise Support: 4-Hour 7x24 On-Site Service with Emergency Dispatch,lnit YR (982- 4040) Dell Hardware Warranty, Extended (986-2938) Dell Hardware Warranty Plus OnSite Service Inital YR (986-2957) 3Yr DELL I EMC: Software Assurance (986-2989) SAN IMPLEMENTATION /INSTALLATION 1 TO 6 HOSTS (981-8477) PESS GOLD Mirrorview A EMC,3Yr (980-4648) T1-Standard Maint 1 per yr, 1YR (986-3029) MIRRORVIEW Implementation (950-6787) i \: GROUP: 2 1 QUANTITY: 1 SYSTEM PRICE: $7,245.021 GROUP TOTAL: $7,245.02 V Base Unit: DAE4P-OS 15x146GB 15k 4Gb CX3-10 Hard Drive Bundle (222-8063) GOLD Enterprise Support: 4-Hour 7x24 Onsite Service with Emergency Dispatch,2 Year Extended (982-0952) GOLD Enterprise Support: 7x24Escalation Manager, Hw/Sw TechPhone Support, Enterprise Command Center, 3Year (982-0992) GOLD Enterprise Support: 4-Hour 7x24 Onsite Service with Emergency Dispatch,lnitial Year (982-3930) Dell Hardware Warranty, Extended (986-2908) Dell Hardware Warranty Plus Onsite Service Initial Year (986-2937) file://S:\IT\SAN\SAN Quotes 2\EMC-DELL\Quote A.html 4/27/2007 Page :2 of 3 HARDWARE INSTALL INCLUDED IN SAN/DAS IMPIINST BUNDLE (984-4327) r:.pn! IP 3 I .-.-. 1 SYSTEM PRiCE: (~"t T'V, e;:;; I GROUP TOTAl. 1:.'2 ')?') {;K HIY Base Unit: Brocade 4100 16-32 Ports on Demand 4Gbps Fibre Channel Switch-R (222-2653) Premium Enterprise Support - Gold - Premium Services (950-5927) Premium Enterprise Support - Gold - Advanced Software Support (950-5987) Type 2 Contract _ Same Day 4-Hour 7x24 Parts and Labor On-Site Response, 2YR Extended (960- 1562) Type 2 Contract _ Same Day 4-Hour 7x24 Parts and Labor On-Site Response, Initial Year (960- 1600) Thank You for buying Dell (983-2207) Please visit WWW.DeII.COM (983-2217) Hardware Installation Includedln SAN/DAS Implementation Installation (981-9069) Brocade 4100 Long Wave SFP Single Port, 2Gb (430-1328) - Quantity 2 GROUP: 4 I QUANTITY: 6 SYSTEM PRiCE: "r,c;C1 no I GROUP TOTAL ~6" 4054 Base Unit: Qlogic 2340 2GB Optical HBA with Windows 2000 Drivers attached-R (222-2907) Type 2 Contract _ Same Day 4-Hour 7x24 Parts and Labor On-Site Response, Initial Year (950- 1740) Type 2 Contract _ Same Day 4-Hour 7x24 Parts and Labor On-Site Response, 2YR Extended (950- 1742) Thank You for buying Dell (983-2207) Please visit WWW.Dell.COM (983-2217) Hardware Installation Includedln SAN/DAS Implementation Installation (981-9069) 'tI"r GROUP: 5 I fjlY 1 ::;j. y::;j ! t::.1\il PRiCE: rr'l GHOUP TOTAL $ ,,1 '.2.3 .L.J Base Unit: FC4 Disk Array Enclosure for CX3-20, CX3-40, CX3-80 (222-4355) GOLD Enterprise Support: 4-Hour 7x24 On Site Service with Emergency Dispatch,2 Year Ext (970-2312) GOLD Enterprise Support: 7x24 Escalation Manager, Hw/Sw Tech Phone Support, Enterprise Command Center, 3Year (970-2572) GOLD Enterprise Support: 4-Hour 7x24 On Site Service with Emergency Dispatch,lnitial Year (970-8030) Dell Hardware Warranty Plus OnSite Service Initial Year (984-4127) Dell Hardware Warranty Plus On Site Service Extended (984-4128) HARDWARE INSTALL INCLUDED IN SAN/DAS IMP/INST BUNDLE (984-4327) MOD,HD,146G,FC4,15K,CX3-XO,EMC (341-3783) - Quantity 15 \ / v SOfTWARE & Product Quantitv Unit Price Total Rapid Rails, Brocade 4100 for Dell and Square Hole Racks (310-6601) 1 $25.98 $25.98 NEW NO MAl NT REPLISTOR WORKGROUP (A0719261) 1 $589.84 $589.84 5M MULTI-MODE FC CABLE LC-LC,TYCO, Customer Install (310-5608) 10 $9.21 $92.10 file://S:\IT\SAN\SAN Quotes 2\EMC-DELL\Quote A.html 4/27 /2007 Page 3 of3 NEW MAINT ONLY REPLlSTOR WORKGROUP-3y (A0734718) I 1 I $483.671 $483.67 Number of S & A Items: 4 I S&A Total Amount: $1,191.59 .j SALES REP: Barbara Harber PHONE: 1-800-981-3355 Email Address: Barbara_harber@dell.com Phone Ext: 7243012 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.dell.com/quote Unless you have a separate agreement with Dell, the terms and conditions found at http://ftpbox.us.dell.com/slg/resellers/resellertcs.htm shall govern the sale and resale of the Products and Services referenced in this quotation. Prices and tax rates are valid in the U.S. only and are subject to change. **Sales/use tax is a destination charge, i.e. based on the "ship to" address on your purchase order. Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to Dell Tax Department at 512-283-9276, referencing your customer number. If you have any questions regarding tax please call 800-433-9019 or email Tax_Department@dell.com. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US_Dell_ARS_Requests@dell.com. Minimum quantities may apply. Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or refer to URL www.dell.com/environmentalfee file://S:\IT\SAN\SAN Quotes 2\EMC-DELL\Quote A.html 4/27/2007 "age (' DELL QUOTATION Date: 3/27/07 1 :07:13 PM QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Customer Name: 355725846 861622 90231 250-000-03-1 3/27/07 CITY OF BOYNTON BEACH TOT AL QUOTE AMOUNT: $79,538.21 Product Subtotal: $79,538.21 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 5 GROUP: 1 \ QUANTITY: 1 SYSTEM PRICE: $67,295.08\ GROUP TOTAL: $67,295.08 Base Unit: CX3-10C iSCSI and Fibre Channel Storage Processor Enclosure (222-7801) NAVI MGR Enterprise forCX3-10c (420-6692) Mirrorview-ASYNCHRONOUS Software License for CX3-10c (420-6697) Visual SRM 30 Day Trial Periodand HB limit, Customer Install (420-5066) GOLD Enterprise Support: 4-Hour 7x24 On-Site Service with Emergency Dispatch,2 YR Ext (982- 1062) GOLD Enterprise Support: 7x24Escalation Manager, Hardware/Software Tech Phone Support, Enterprise Command Center, 3 (982-1102) GOLD Enterprise Support: 4-Hour 7x24 On-Site Service with Emergency Dispatch,lnit YR (982- 4040) Dell Hardware Warranty, Extended (986-2938) Dell Hardware Warranty Plus OnSite Service Inital YR (986-2957) 3Yr DELL I EMC: Software Assurance (986-2989) Premium Enterprise Support - Gold - Advanced Software Support (950-6707) SAN IMPLEMENTATION I INSTALLATION 1 TO 12 HOSTS (981-8487) PESS GOLD Mirrorview A EMC,3Yr (980-4648) T1-Standard Maint 1 per yr, 1YR (986-3029) MIRRORVIEW Implementation (950-6787) GROUP: 2 I QUANTITY: 1 SYSTEM PRICE: $4,127.361 GROUP TOTAL: $4,127.36 Base Unit: DAE4P-OS 15x146GB 15k 4Gb CX3-10 Hard Drive Bundle (222-8063) GOLD Enterprise Support: 4-Hour 7x24 Onsite Service with Emergency Dispatch,2 Year Extended (982-0952) GOLD Enterprise Support: 7x24Escalation Manager, Hw/Sw TechPhone Support, Enterprise Command Center, 3Year (982-0992) GOLD Enterprise Support: 4-Hour 7x24 Onsite Service with Emergency Dispatch,lnitial Year (982-3930) Dell Hardware Warranty, Extended (986-2908) "\' file://S:\IT\SAN\SAN Quotes 2\EMC-DELL\Quote B.html 4/20/2007 Page 2 of3 Dell Hardware Warranty Plus Onsite Service Initial Year (986-2937) HARDWARE INSTALL INCLUDED IN SAN/DAS IMPIINST BUNDLE (984-4327) GROUP: 3 I QUANTITY: 1 SYSTEM PRICE: $1,903.271 GROUP TOTAL: $1,903.27 Base Unit: Brocade 410016-32 Ports on Demand 4Gbps Fibre Channel Switch-R (222-2653) Premium Enterprise Support - Gold - Premium Services (950-5927) Premium Enterprise Support - Gold - Advanced Software Support (950-5987) Type 2 Contract - Same Day 4-Hour 7x24 Parts and Labor On-Site Response, 2YR Extended (960- 1562) Type 2 Contract - Same Day 4-Hour 7x24 Parts and Labor On-Slte Response, Initial Year (960- 1600) Thank You for buying Dell (983-2207) Please visit WWW.Dell.COM (983-2217) Hardware Installation Includedln SAN/DAS Implementation Installation (981-9069) Brocade 4100 Long Wave SFP Single Port, 2Gb (430-1328) - Quantity 2 / GROUP: 4 1 QUANTITY: 6 SYSTEM PRICE: $153.30 I GROUP TOTAL: $919.80 Base Unit: Qlogic 2340 2GB Optical HBA with Windows 2000 Drivers attached-R (222-2907) Type 2 Contract - Same Day 4-Hour 7x24 Parts and Labor On-Site Response, Initial Year (950- 1740) Type 2 Contract - Same Day 4-Hour 7x24 Parts and Labor On-Site Response, 2YR Extended (950- 1742) Thank You for buying Dell (983-2207) Please visit WWW.Dell.COM (983-2217) Hardware Installation Includedln SAN/DAS Implementation Installation (981-9069) v GROUP: 5 I QUANTITY: 1 SYSTEM PRICE: $4,618.571 GROUP TOTAL: $4,618.57 Base Unit: FC4 Disk Array Enclosure for CX3-20, CX3-40, CX3-80 (222-4355) GOLD Enterprise Support: 4-Hour 7x24 On Site Service with Emergency Dispatch,2 Year Ext (970-2312) GOLD Enterprise Support: 7x24 Escalation Manager, Hw/Sw Tech Phone Support, Enterprise Command Center, 3Year (970-2572) GOLD Enterprise Support: 4-Hour 7x24 On Site Service with Emergency Dispatch,lnitial Year (970-8030) Dell Hardware Warranty Plus OnSite Service Initial Year (984-4127) Dell Hardware Warranty Plus On Site Service Extended (984-4128) HARDWARE INSTALL INCLUDED IN SAN/DAS IMPIINST BUNDLE (984-4327) MOD,HD,146G,FC4,15K,CX3-XO,EMC (341-3783) - Quantity 15 / SOFTWARE & ACCESSORIES Product Quantity Unit Price Total Rapid Rails, Brocade 4100 for Dell and Square Hole Racks (310-6601) 1 $10.07 $10.07 NEW NO MAINT REPLISTOR WORKGROUP (A0719261) 1 $336.02 $336,02 file://S:\IT\SAN\SAN Quotes 2\EMC-DELL\Quote B.html 4/20/2007 'age ()~ 5M MULTI-MODE FC CABLE LC-LC,TYCO, Customer Install (310-5608) I 10 I $5.25\ $52.50 NEW MAINT ONLY REPLISTOR WORKGROUP-3y (A0734718) 1 1 I $275.541 $275.54 Number of S & A Items: 4 I S&A Total Amount: $674.13 SALES REP: Barbara Harber PHONE: 1-800-981-3355 Email Address: Barbara harber@dell.com Phone Ext: 7243012 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.dell.com/quote Unless you have a separate agreement with Dell, the terms and conditions found at http://ftpbox.us.dell.com/slg/resellers/resellertcs.htm shall govern the sale and resale of the Products and Services referenced in this quotation. Prices and tax rates are valid in the U.S. only and are subject to change. **Sa/es/use tax is a destination charge, i.e. based on the "ship to" address on your purchase order. Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to Dell Tax Department at 512-283-9276, referencing your customer number. If you have any questions regarding tax please call 800-433-9019 or email Tax_Department@dell.com. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US_Dell_ARS_Requests@dell.com. Minimum quantities may apply. Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or refer to URL www.dell.com/environmentalfee file://S:\IT\SAN\SAN Quotes 2\EMC-DELL\Quote B.html 4/20/2007 Page 1 of2 DELL QUOTATION Date: 4/4/07 10:36:00 AM QUOTE #: 357125229 Customer #: 861622 Contract #: 90231 CustomerAgreement #: 250-000-03-1 Quote Date: 4/4/07 Customer Name: CITY OF BOYNTON BEACH TOTAL QUOTE AMOUNT: $7,578.00 Product Subtotal: $7,578.00 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 0 SOFTWARE & ACCESSORIES Product Quantity Unit Price Total Dell Education Services -IL T SAN MgmtlSAN Data Protection Combo, 5 Day Regional _ PRICE 2 $3,789.00 $7,578.00 PER USER (970-1967) Number of S & A Items: 1 S&A Total Amount: $7,578.00 SALES REP: Barbara Harber PHONE: 1-800-981-3355 Email Address: Barbara_harber@dell.com Phone Ext: 7243012 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.d~H,~_9m/qYJ:ll~ Unless you have a separate agreement with Dell, the terms and conditions found at http://ftpbox.us.dell.com/slg/resellers/resellertcs.htm shall govern the sale and resale of the Products and Services referenced in this quotation. Prices and tax rates are valid in the U.S. only and are subject to change. **Sales/use tax is a destination charge, i.e. based on the "ship to" address on your purchase order. Please indicate your taxabilitv status on your PO. If exempt, please fax exemption certificate to Dell Tax Department at 512-283-9276, referencing your customer number. If you have any questions regarding tax please call 800-433-9019 or em ail Tax_Department@dell.com. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. file://C:\Documents and Settings\svatekr\Local Settings\Temporary Internet Files\OLK3\Q... 4/2412007 Page 1 DELL QUOTATION Date: 4/4/07 1 :43:53 PM QUOTE #: 357184790 Customer #: 861622 Contract #: 90231 CustomerAgreement #: 250-000-03-1 Quote Date: 4/4/07 Customer Name: CITY OF BOYNTON BEACH TOT AL QUOTE AMOUNT: $5,629.00 Product Subtotal: $5,629.00 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 0 SOFTWARE & ACCESSORIES Product Quantity Unit Price Total NEW NO MAINT REPLlSTOR 4 HOST HEADSTART IMPLEMENTATION (A0719315) 1 $5,629.00 $5,629,00 Number of S & A Items: 1 S&A Total Amount: $5,629.00 SALES REP: Barbara Harber PHONE: 1-800-981-3355 Email Address: Barbara harber@dell.com Phone Ext: 7243012 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.deIJ.com/qUQte Unless you have a separate agreement with Dell, the terms and conditions found at http://ftpbox.us.dell.com/slg/resellers/resellertcs.htm shall govern the sale and resale of the Products and Services referenced in this quotation. Prices and tax rates are valid in the U.S. only and are subject to change. **Sa/es/use tax is a destination charge, i.e. based on the "ship to" address on your purchase order. Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to Dell Tax Department at 512-283-9276, referencing your customer number. If you have any questions regarding tax please caI/800-433-9019 or email Tax_Department@dell.com. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal file://C:\Documents and Settings\svatekr\Local Settings\Temporary Internet Files\OLK3\Q... 4/24/2007 Page 2 of2 options at US_DeILARS_Requests@dell.com. Minimum quantities may apply. Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or refer to URL www.dell.com/environmentalfee file://C:\Documents and Settings\svatekr\Local Settings\Temporary Internet Files\OLK3\Q... 4/24/2007 @ Copyright 2005. Dell, Inc. All rights reserved. Confidentiality All information supplied to Boynton Beach for the purpose of this proposal is to be considered Dell confidential. 1.0 Overview and Shared Objectives 2.0 Project Scheduling 3.0 Project Scope and Definition 4.0 Deliverables 5.0 Assumptions and Constraints 6.0 Change Control Process 7.0 Dell Personnel Skills & Qualifications 8.0 Customer Responsibilities 10.0 Limitation of Services 11.0 Confidentiality 12.0 Termination 13.0 Order of Precedence 14,0 Signature 4 5 6 7 7 8 9 9 10 10 10 10 II Statement of Work Boynton Beach Data Migration The following outlines the Statement of Work ("SOW") between Deployment Planning Services within Dell Marketing, L.P. ("Dell"), and Boynton Beach ("Customer") for contractual services provided in this SOW. These services shall be performed in accordance with this SOW and the terms and conditions specified in the Customer Master Services Agreement (CMSA URL)at htto://www.dell.com/us/en/oen/services/service service contracts.htm, or Boynton Beach's applicable separate signed Agreement with Dell (the "Agreement"). Dell will perform the work described in this SOW on a fixed price bid basis. Neither Dell nor its representatives, employees, contractors and/or subcontractors take responsibility for, nor are they liable for, any decisions made in the development of any systems, products, or software solutions that are made by, or for, Customer, or by employees or other representatives, contractors and/or subcontractors of Customer. 1.0 Overview and Shared Objectives The objective of this project is to provide Data Migration for the Boynton Beach. The Brocade Tapestry Data Migration Manager service offering provides customers with the ability to utilize Brocade Professionals to perform data migration and configuration activities between multiple storage devices simultaneously. As part of the Tapestry Data Migration Manager Service, Brocade helps to plan the migration, install the data migration appliance, migrate data, and verify that the migration is complete. Upon completion of the migration activities, Brocade will conduct a turnover of migration related information to the customer; remove the data migration appliance from the environment and closeout the solution delivery process. Dell and Brocade will: · Lead solution kick-off meetings to include planning and migration preparation activities. · Confirm resource availability and implementation pre-requiSites have been completed by the customer; · Perform testing of customer provided configuration information (if applicable); · Set up and configure the in-scope hardware and/or software; · Perform data migration activities. · Perform knowledge transfer and turnover of migration related information to designated customer representative upon implementation completion. Section 1.2 - Type of hardware, software, or other and associated locations: Data Center , Physical address and contact information to be . i provided 10 (ten) days prior to the Brocade' I Solutions Consultant (BSC) going on site or work ! ! may be delayed. ........ ........1... ..... .____._..._............._._......._........._...___.~........... Data Migration Requirements: Description Type of Data Location Amount of Da~ D~a ! Migration Terabytes ! Physical address and contact information to be ! provided 10 (ten) days prior to the Brocade , Solutions Consultant (BSC) going onsite or work : may be delayed. 2TB Page 4 SERVICES DELIVERY Shared Information Customer and Brocade agree to share an equal responsibility through the exchange of the following information. Delivery Plan Review List of resources and associated roles and responsibilities required to support the engagement. Contact information and associated escalation paths required for delivery . Review overall major tasks and associated timelines for implementation activities. Review and validate all physical and logical site requirements and ensure gap resolution. Documented shared risks and associated mitigation plans for implementation activities. Project Team Contact Info Communication and Support Info Services Gap Review Deliverables Approach Services Deliverables are items to be delivered as part of this solution to signify that goals and objectives required for work completion and provide for terms of acceptance and billing. This section represents the phased approach and deliverables related to the stated work effort. Its intent is to set expectations between Brocade and customer toward results and related commitments. Deliverables can be both "physical" and "logical" in nature and may be produced, at various points during the solution delivery process. 2.0 Project Scheduling Service delivery will be scheduled following Dell's receipt of the signed Agreement and, if applicable, the accompanying purchase order ("Purchase Order"), unless otherwise agreed upon by Boynton Beach and Dell. The estimated dates for beginning and conducting the Project will be mutually agreed upon by Boynton Beach and Dell. The Data Migration will be conducted during normal business hours (Monday through Friday, between 8 a.m. and 6 p.m. local Boynton Beach time) or according to the schedule established by Dell, unless otherwise agreed by Boynton Beach and Dell. Page 5 3.0 Project Scope and Definition Implementation Plan (As Required) " Preparation & Planning Deliverables comprised of the documents, information, and data required to manage the implementation. Deliverables required to validate the documents, information, and data required to manage the implementation SAN Health Report Configuration Plan (As Required) Tasks and associated timelines for implementation activities. Used to obtain a SAN profile of the customer SAN. (As needed) Provides the necessary information to the Brocade Solutions Consultant and the customer about the day to day operations, anomalies, current capacity and utilization of the customer SAN. specific details necessary for completion of implementation activities. Page 6 IV Service Close-out Deliverables provided to the customer as formal closure and acceptance of implementation activities and turnover of implementation data. Transfer of Information (TOI) A transfer of information session on the proper care and maintenance of the newly installed director. Includes information sharing of Brocade best practices pertaining to operation, cabling, etc. Services Milestones is the work to be performed by Brocade as part of the solution. Milestones also represent the flow of activities and events as the project begins, progresses, and is completed. Brocade defines this service into a structured timeline of 4 Service Delivery Phases which consist of milestones or "logical checkpoints", To ensure smooth delivery of services, Brocade will provide oversight of the milestones and associate them with the 4 deliverable phases as outlined below: . Provide criteria for selection of subject matter experts required for support of implementation activities and associated data gathering activities, . Review of necessary technical pre-requisites and environmental pre-requisites. . Perform a site survey including capture and analysis of initial fabric data using SAN Health understand Client environment and identify any gaps or changes required. . Plan for specific configuration settings and zoning changes and other data required for the implementation. . Review, test and validate DMM configuration settings. . Perform a test data migration. . Perform production data migration. . Perform post migration success validation. . Perform customer knowledge transfer and provide copies of all required implementation documentation. 4.0 Deliverables The following is a list of deliverables that will be provided under this SOW subject to time authorized through this agreement. Data Migration Completed as shown in section 3.0. 5.0 Assumptions and Constraints Assumptions and constraints are parameters identified early in the solution design process which set the stage for solution planning and carry into solution execution. Generally speaking, assumptions bring possibilities and constraints bring limitations to the solution, For purposes of this solution document assumptions and constraints have been defined and grouped into the following categories: Page 7 Category DescriptIOn Type Assumptions or constraints related to the estimated tasks and activities required to manage the implementation and produce deliverables. Assumptions or constraints related to the estimation of tasks and events required to Schedule ! complete the implementation and associated structured sequences required to meet a . . specified end date. ..... .............. .. .................t.... Assumptions or constraints related to the estimation of resources required to complete the implementation, according to number, type, work hours, and skills. Assumptions or constraints related to the estimation of unique cost drivers of the implementation and their relation to tasks, resources and phases as required to complete the project. Assumptions or constraints related to the potential performance of contractors, vendors and suppliers to deliver goods and services according to contracts and project requirements. Any assumptions or constraints related to management standards and associated processes required for the solution. Effort E ! ---_L~_._ . S . Resources i i -....-.. r R Financial F Vendors & Procurement ! i i V Managemen Process i i I ---_____ .. J M The following assumptions and constraints have been identified in the solution design process as one or more of the following elements: AssumptIon or Brocade or DescrIptIOn Constraint Customer Type (A or C) (B or C) The Brocade Solutions Consultant (BSC) will conduct an offline migration of 2 TB's of data consisting of 26 LUNS (average size 30 gbs) r----------- Physical address and contact information to be provided 10 i (ten) days prior to the BSC going onsite or work may be I delayed. ___________ . ....... _..__ . ..._._L._ Off hours work will be required A -t~- ! ~ I .. .........!- _ ...-.. -- --- f C --_.~....._......._._- - ........-...-...--.-... c 5 c Customer will determine maintenance window. C A s c E 6.0 Change Control Process The "Change Control Process" is the process which shall govern changes to the scope of the Project during the life of the Project. The Change Control Process will apply to new components and to enhancements of existing components. Additional procedures and responsibilities may be outlined by the Project Manager identified on the signature page to the Agreement and will be included in the baseline Project plan if mutually accepted by both Boynton Beach and the Dell Project Manager. A written "Change Request" will be the vehicle for communicating any desired changes to the project. It will describe the proposed change; the reason for the change and the effect the change may have on the Project. The Project Manager of the requesting party will submit a written Change Request to the Project Manager for the other party. The Dell Project Manager will supply the appropriate Change Management documents. Both Dell and Boynton Beach will review the Change Request and approve it for further study or reject it. The study and any costs associated with the study will be as agreed upon in writing by Dell and Boynton Beach. This approves only the study and its related costs. The results of the study will be used to determine the effect that the implementation of the Change Request will have on the cost and schedule of the Project. After the completion of the study, if both parties agree to implement the Change Request, then Page 8 they will each sign the approval portion of the Change Request. Both parties must sign the approval portion of the Change Request to authorize the implementation of any change that materially affects the Project's scope, schedule or price. 7.0 Dell Personnel Skills & Qualifications Dell, will, at its sole discretion, determine the number of personnel and the appropriate skill sets necessary to complete this project. Boynton Beach understands that Dell resources may include employees of Dell and/or a service provider or subcontractor to Dell. Dell personnel may work on-site at Boynton Beach location or off-site at a Dell or other location as determined by the needs of the Project. 8.0 Customer Responsibilities Both Boynton Beach and Dell are responsible for collaborating on the execution of this Project. Dell's responsibilities have been set forth elsewhere in this SOW. Boynton Beach agrees generally to cooperate with Dell to see that the Services are successfully completed. Boynton Beach agrees to the following assigned responsibilities: P"'posc r'C...,..elllo:'llmn.. Provide a work area equipped with telephone and internet connectivity/access rights required for planning and implementation activities. Provide a single and secondary point of contact for oversight of the customer project for all activities associated with this solution including required facilities access and oversight of key stakeholders required to support the efforts and ensure appropriate customer secured subject matter experts are available for interviewing and to help support the engagement along with providing full and open discussion of any necessary information. ,..,~~_.^~._~<.__~_~_~_"___....~...m....____<_.._~,,...~_._._._.___,____m_'_"_,~^~'" " All hardware associated with the scope of this solution should be mounted or racked, powered on. and appropriate network/serial cables collocated and in accordance with the requirements for associated product specification along with installation of required power and network connectivity as they are tied to and required for the implementation plan. Data Backup prior to implementation is the responsibility of the customer as is post implementation restoration. Brocade is not responsible for any data loss or corruption resulting from implementation effort or the success of restoration of related data Resolution of software or hardware defects or conflicts associated with or sold other parties. All fabrics (Brocade and/or McData) that are to be interconnected need to be fully operational and running supported firmware versions prior to commencement of the MetaSAN Integration service. A Brocade Solutions Consultant will review the SAN Health data and identify any remedial actions. such as resolving Warning, Error, and Critical event levels, fixing marginal port conditions, upgrading switches/directors to supported firmware levels, and other actions necessary to bring the fabrics to a fully operational level. AlIlSLs that interconnect the MPRs together as well as IFLs that interconnect the MPRs to the edge fabrics need to be in place, labeled, and ready for connection. If McData products are involved with the MetaSAN Integration, the customer must provide personnel qualified to support and troubleshoot the McData equipment. All Brocade and McData equipment must be covered by appropriate support contracts. Personnel authorized to enter support tickets must be available during performance of the service. Page 9 Required for on-site technicians to perform on- site activities. Main contact and business interface for Brocade representatives. Provides assistance to Brocade resources for physical and logical access. Ensure appropriate sponsorship and customer involvement required for successful implementation. Ensures that equipment is installation ready when the installation activities begin. Provides for risk/mitigation customer fallback should any data corruption or other issues arise. Required to be performed by the entitled warrantee owner. Interconnection of unstable edge fabrics can result in a disruption of operations. Resolution of remedial activities can be performed by Brocade as a separate service. Necessary to complete service. Required to be performed by the entitled warrantee owner. 9.0 Payment Criteria Service Fees: Fixed fee: Payment for services is a fixed price fee of $11,000.00. Invoice for Services will be issued upon receipt of customer signature of this SOW. Payment is due thirty (30) days from date of invoice. Work may not be scheduled or commenced until the Purchase Order and signed SOW are received by Dell. 10.0 Limitation of Services Dell does not provide any warranty or representation whatsoever regarding software code not created by Dell with which the Dell developed software will interface nor the databases to which the Dell developed software may be applied. Dell's sole liability and obligation with respect to the Services, including program errors in any software developed under this SOW, shall be contingent upon receipt of written notice from Boynton Beach. If so notified thereof by Boynton Beach, Dell's sole liability shall be to use commercially reasonable efforts to correct any such errors. For such assistance, Dell will bill Boynton Beach on an hourly basis in accordance with the rates specified in this SOW. Dell shall have no obligation to correct any software failure in the event that such failures result from (i) Boynton Beach 's failure to use the software in accordance with any user manuals; (ii) modifications to the source code for the software have been made by anyone other than Dell; or (iii) if the failure to perform is caused by a malfunction in the equipment on which the software runs, the operating systems for such equipment, or other program products that have not been developed and/or are not maintained by Dell. 11.0 Confidentiality The parties agree that any and all information identified by the other as "Confidential" and/or "Proprietary", or which a reasonable party would recognize as Confidential or Proprietary, shall be subject to the terms of the mutual Non-Disclosure Agreement between them indicated above. Dell understands that the City of Boynton Beach is a public entity subject to the Florida Statutes concerning public records. Dell agrees that the customer will protect the confidentiality or proprietary nature of our information to the extent provided by law. 12.0 Termination Upon any termination of this SOW or the associated Agreement, Boynton Beach shall pay all of Dell's unpaid fees and out-of-pocket expenses described herein accrued through the effective date of such termination. If Boynton Beach fails to perform any payment obligations hereunder and such failure remains unremedied for fifteen (15) days, Dell may suspend its performance until payment is received or terminate this SOW and the associated Agreement upon written notice. 13.0 Order of Precedence This SOW, together with the Purchase Order and the Agreement, states all of the rights and responsibilities of, and supersedes all prior and contemporaneous oral and written communications between Dell and Boynton Beach regarding this Project. The use of preprinted forms, such as Purchase Orders, will be for convenience only, and all preprinted terms and conditions stated on such forms will not apply to this Agreement. Should a conflict arise between the terms of the Purchase Order, SOW and Agreement, the following order of precedence shall be followed: first, the Agreement second the SOW, and third the Purchase Order (if any); provided, however, that any terms and conditions printed on the Purchase Order shall not apply. Page 10 14.0 Signature DUYlllOl1 bt:dl.1 ,,,,,~,~l :..~dl Kt..; II ~ By: I I By: ~~ VV1 (.{)~ Print Name: Print Name: Bryan McDaniel Title: Title: Deployment Planning Consultant Date: Date: 03/27/07 I i Page 11 , '^ '~:'" ' :' ~ r':""'~' " EMC2. _ _ _:>>.-; wh~te mfmm.uwrl li"~l). City of Statement of Work Billing Agent: Dell Marketing LP One Dell Way Round Rock, TX 78682 United States Work to be peiformedfor: Prepared by: EMC Corporation 20255 Victor Parkway Suite 200 Livonia, MI 48152 United States CITY OF BOYTON BEACH Date: June 6, 2007 For EMC Reference On Iv Dell Marketing LP PO#: pending SOW # CDP06040730 EMC Technology Solutions Model #: PS-CUS-ESGLGT This Statement of Work - Fixed Fee is subject to the Billing Agent Agreement, dated effective September 18, 2005 between EMC and Dell Marketing L.P. This Statement of Work is the Confidential Information of EMC Corporation except as required to be disclosed by Florida Public Records law EMC C01poration Statement of Work All infonnation in this document is provided in confidence and shall not be published or disclosed. wholly or in part to any other party without EMCs written permission except as required by law. Copyright rg 2002 - 2005 EMC Corporation, All rights reserved. All information in this document is provided in confidence and shall not be published or disclosed. wholly or in part to any other party without EMCs written pem1ission. Copyright rg 2002 - 2005 EMC Corporation. All rights reserved. EI\,~C2, EMC, ~6~ppl1cationXtender, Celerra, CentraStar, CLAEiiON, CLARalert, Connectnx, Dantz., Dlrect I\htrix .Arcrutecture, DiskXtender, Docmnentum, EmailXtender, EmailXtract, HIghRoad, Legato, N aVlsphere, Repl1Stor, PowerPath, ResourcePak, Retrospect, Smarts, Snap Vie'wlIP, SRDF, Symmerrix, TimeFmder, VisualSAN, arid where information l1ves are registered trademarks arid EMC ControlCenter, EMC Developers Prograrn, EMC OnCourse, EMC Proven, EI'v~C Snap, ElvIC Storage Admmistrator, Access LogtX, .ArcruveXtender, Automated Resource NIariager, AutoSwap, A VALONid.m, C-Cl1p, Celerra Replicator, Centera, CLARevent, C opyCro s s, Copy Point, D atab aseXtender, Dire ct M atnx, DiskXtender 2000, ED M, E- Lab, EmailXammer, Enginuity, eRoom, FarPoint, FLARE, InfoMover, IvIirrorView, N efl.~iin, NetWorker, OnpJert, OpenScale, Powerlink, Repl1Care, SafeLme, SAN Advlsor, SAN Copy, SAN Manager, SDMS, Snap Sure, Snap View, StorageScope, SupportMate, Synl1n.6~PI, SymmEnabler, Symmetrix DMX and'l1sualSRNI are trademarks of ENIC Corporahon '\~1!1dov,rs arid Vilindows NT are registered h'3.demarks of Nl1crosoft Corporation UNIX is a registered trademark in the Umted States and other counhles, l1censed exclusively through :X:lOpen CompariY, Ltd ~6Jl other h'ademarks used herem are the property of therr respective ov,,'ners Page i EMC Corporation Statement of Work 1. Executive Summary This Statement of Work ("SOW'') CDP06040730 sets forth the terms under which City of Boyton Beach has formally engaged EMC Corporation to provide the project consulting and implementation services ("Consulting Services") described in this SOW for City of Boyton Beach(referred to as "CUSTOMER"). Dell Marketing LP (referred to as "Billing Agent") is acting solely as a billing agent in this engagement. 1.1 Background and Requirements CUSTOMER has asked EMC to provide the consulting services described within this Statement of Work to assist with the effective and timely integration of the new EMC technologies and capabilities into their current environment. This Statement of Work outlines the detailed scope and high-level tasks as well as both EMC and CUSTOMER resources required to complete this effort. 1.2 Objectives & Project Scope Implementation of ESG software Page 2 EMC Corporation Statement of Work 1.3 Out of Scope EMC performs only the consulting services described in this SOW. Services outside this engagement's include, but are not limited to: . Projects or equipment installation resulting from the sale of hardware and software. . Initiatives requiring skills not being provided by the resident. . Any application or host system access that encompasses coding, scripting, application analysis, system performance, troubleshooting, or application logins outside of the tasks described in this SOW. . Overseeing the installation and/or configuration of server cluster software. . Installation of operating-system software. . Installation, configuration, or upgrade of EMC software not specifically identified as "in scope". . The removal of host server connectivity no longer in use within the SAN environment (e.g., zone names, LUN masking) - This service requires a full assessment of the environment and proper planning prior to any removal of the configuration information. . Overseeing the installation and/or configuration of host bus adapters (HBA) and their associated drivers. . Operating system, database or application tuning not directly related to EMC tasks. . CPU, server, or mid-range host monitoring and console operations. . Implementation of required communications infrastructure and components. . Network (LAN or WAN) support of day to day operations. . Resolution of network connectivity issues. . Migration of operating system's boot partitions. . Scripting related to implementation or automation of TimeFinder and SRDF for CUSTOMER related applications. . Installation, certification or configuration, and support of electrical, network, telecommunications, cabling infrastructure and components. . Applying host or application updates required to bring MS SQL environment compatible with storage or replication requirements. 1.4 Location The Consulting Services shall be performed at customer location. However, EMC shall have the option of performing appropriate portions such as planning and documentation at an EMC selected location (the "EMC site"). 1.5 Primary EMC and CUSTOMER Refer to the following table for the EMC and CUSTOMER primary contacts and the method to contact them. Page 3 EMC Corporation Statement of Work Table 1. Primary Contacts EMC Contact CITY OF BOYTON BEACH Contact Name Gopi Nair Title Program Manager Office Number 734 542 4790 Mobile Number 2487700133 Fax Number (734) 9436796 E-mail Address Nair qopi@emc.com Page 4 EMC Corporation Statement of Work 2. Project Approach and Organization 2.1 Project Scope - RepliStor 2 to 4 Host Implementation Service The EMC1 RepliStor Implementation Senlice team will install, configure, implement and test EMC RepliStor within the customer's existing storage environment, The EMC Team and the customer will review requirements and identify any issues prior to moving forward with the implementation. A specific EM C RepliStor configuration will then be installed tested and validated based on the activities described below. Activities Experienced EMC Software Group consulting personnel or authorized agents will work closely with customer staffto manage the EMC RepliStor implementation service, During this engagement. EMC will: . Conduct review meeting to review project scope and engagement process, . Obtain information regarding data to be managed by RepliStor. . Perform analysis of data types on desired source and target systems, . Issue implementation recommendations based on customer requirements and best practices. . Develop customized options for replication and synchronization process, . Identify and validates data to be replicated, . Design data replication process and information flow based on previous recommendations. . Install the following ESG Software into the customer's environment: . Install Four (4) copies of Replistor for Windows WorkGroup. . Install and Configure RepliStor on tvvo (2) to four (4) hosts . Perform configuration changes for all aforementioned software components per customer's needs and runs through testing procedures to ensure stability of installation. . Configure up to four (4) data specifications . Perform (if required) simulation analysis test to validate replication completion criteria . Configure up to three (3) nodes for failover . Test replication of production data up to approximately 10GB · Test alias failover . Configure and initiate production data transfer for up to approximately 100GB . Validate production data transfer remotely . Conduct up to 1 hour of knowledge transfer with customer's IT staffto provide a functional understanding of RepliStor including navigating through user interface, basic troubleshooting steps and how to make configuration changes. Deliverables . Conduct project Kick-off Meeting . Install, configure, test and validate the following: . EMC RepliStor on up two (2) to four (4) hosts . Configure up to four (4) data specifications . Configure up to three (3) nodes for failover . Test RepliStor data replication up to approximately 10GB and failover Page 5 EMC Corporation Statement of Work · Initiate & validate production data transfer for up to approximately 100GB (production data validation will be performed remotely if time does not permit on-site validation) · Provide up to I hour of Knowledge Transfer. 3. Project Guidelines 3.1 CITY OF BOYTON BEACH Responsibilities CUSTOMER shall afford EMC access to CUSTOMER's staff at various times in the project but EMC is also aware that CUSTOMER's staff is dedicated to the daily operations of the facilities. EMC will make every reasonable effort to limit the demands on these people but CUSTOMER contacts may have critical knowledge of the operations and the business itself. This knowledge must be made available to EMC in a timely fashion, and is invaluable to the project's success. In support of this project, CUSTOMER must: · Ensure working conditions that are conducive for the successful completion of the project for the duration of this engagement, including: · Suitable office space · Telephone access · Meeting facilities · Assign a Project Sponsor as the single point of contact for issue resolution, activity scheduling, interview scheduling, and information collection and dissemination. The Project Sponsor is responsible to ensure compliance with CUSTOMER's obligations and ensure Subject Matter Expert (SME) participation. · All required interviews are attended with an open mind and be able to discuss, openly and honestly, the active topics presented. · Assign a Project Manager/Contact for the EMC Project Manager to work with as a central point-of- contact for the duration of this engagement. This contact must work with the EMC Project Manager, provide assistance, and support should issues arise that require CUSTOMER's specific decisions. This person must have knowledge of CUSTOMER's current storage and server environments, as well as being able to identify appropriate support personnel who may be required to participate on project teams. · Ensure that the CUSTOMER Project Manager works closely the EMC Project Manager as required. · Keep the EMC Project Manager apprised of business, organizational and technical issues that may have impact on the performance and delivery of projects. · Assign a lead technical resource to act as a single technical point-of-contact between the EMC Technical Consultant and CUSTOMER as necessary, for the duration of the engagement. · Participate (as required) in the development a mutually agreeable Test and Acceptance Plan. · Provide EMC access to on-site resource personnel resources who will participate in the Functional Overview. · Ensure that all required site preparations have been successfully met for any new non-EMC system components. · Provide implementation of required communications infrastructure and components. · Ensure the resolution of all network connectivity issues. · Provide at least one (1) technical contact with system administration responsibilities and appropriate system/information access privileges to perform this service. Page 6 EMC Corporation Statement of Work . Make appropriate system maintenance window(s) available for EMC (or authorized agents) as needed to prepare equipment. . Provide access to CUSTOMER's systems and networks as necessary to perfom1 the services during normal business hours, or at mutually agreed timeframes. . Provide technical support for implementation teams, all vendors, and third parties as necessary. . Assume responsibility for all network connectivity, performance, and configuration issues. . Identify the current operating system patch set level required for this engagement, and install any recommended patch set(s) prior to the engagement commencement. . Verify the equipment location (work site) is prepared to perform the engagement services. . Provide access to CUSTOMER's systems and networks as necessary to perform the services during normal business hours, or at mutually agreed timeframes. . Provide EMC project staff with appropriate levels of access and privilege to staff, systerns. network and information necessary to the performance of the service. . Provide EMC with sufficient access to CUSTOMER's business resources to create the design documentation. . Provide access to CUSTOMER's current processes and procedures, workflow diagrams, and architectural designs (Visio). . Respond to EMC's requests that CUSTOMER resources work on issues and tasks not directly stated in this Statement 0.( Work, but have a direct impact on the successful completion of this proj eet. . Ensure that all environment and operational requirements are met prior to implementation. . Ensure adequate backup and restore process exists and are operational. . Supply a list of all hardware to be used in the implementation to the EMC project team to verify the equipment conforms to the EMC Support Matrix and applicable EMC Compatibility Matrixes. . Customer must have a complete and current backup of any existing data on affected storage. prior to the implementation. EMC will have no liability for any loss or recovery of data or programs. 3.2 Mutual Responsibilities In support of this effort, both EMC and CUSTOMER shall: . Conduct project review meetings at a mutually agreed upon time and location to discuss the project status, issues, new requirements and overall project satisfaction. . Support and provide representation at these meetings, which will cover performance status update. schedule update, pending changes, open issues and action items. . Support Project Issue and Tracking Resolution, by using the EMC Project Issue Report to track and reView issues. . Coordinate any change to this SOW (whether cost impacting or not) with CUSTOMER Project Sponsor, and process them using the EMC Project Change Request Form supplied in a separate document. . Collaborate with EMC to adjust project schedules and re-deploy resources in an expeditious manner in the event of schedule delays that are beyond the control of either party. . Meet at the conclusion ofthis project to bring to closure the project and capture, discuss and resolve any project issues that may have arisen. Page 7 EMC Corporation Statement of Work 3.3 Change in Scope Process Any deviation or change in the scope of the consulting and implementation services must be approved by CUSTOMER or an authorized designee thereof. The EMC Primary Contact has overall responsibility for the change process. When a change is desired, the requestor (EMC or CUSTOMER notifies the EMC Primary Contact who will: · Prepare a preliminary Project Change Request Form to identify the nature of the requested change · Acknowledge receipt of the Change Request · Conduct an initial Impact Assessment to determine the effects, if any on the consulting and implementation service's schedule as well as any costs associated with utilizing resources to perform a full Change Request analysis. If the Impact Assessment indicates using resources to analyze the Change Request affects the consulting and implementation services schedule or costs, EMC shall obtain CUSTOMER's approval before performing the Change Request analysis · Report the Change Request status in the Progress Reports Review and Approval If CUSTOMER approves a full Change Request analysis, EMC shall prepare a Project Change Request Form detailing the change and its justification for the change, directing the analysis effort to the appropriate resources. This analysis shall result in a final Project Change Request Form containing estimated cost, schedule and resource requirements, technical feasibility, and recommended disposition such as: · Implementation without adjusting current cost or delivery schedule · Implementation with impact to CUSTOMER's cost of delivery schedule · Recommendation as a follow-on project IfEMC finds the project not technically or economically feasible, an explanation will be provided detailing the reason. EMC reviews the Project Change Request Form with CUSTOMER and it is marked as "accepted" or "withdrawn," and signed by both parties. Tf"accepted", consulting and implementation services are revised to include the agreed change(s) and the invoicing process is appropriately modified. 3.4 Non-Solicitation of Employees During the term of this SOW and continuing through the first anniversary of the termination of this SOW, neither party shall actively solicit any employee of the other party who has performed any material work under this Agreement, and with whom the hiring party has had direct contact under this SOW, without the other party's written consent. Notwithstanding the foregoing, neither party shall be precluded from (i) hiring an employee of the other party who independently approaches the party, or (ii) conducting general recruiting activities, such as participation in job fairs or publishing advertisements in publications or on Web sites for general circulation. 4. Terms and Conditions The following paragraphs detail the Terms and Conditions of this Statement of Work. 4.1 Term and Termination This SOW begins on the date stated herein, and, unless terminated for breach, continues in accordance with its terms. Each party shall notify the other in writing in case ofthe other's alleged violation of a material provision herein. Each party shall have, except to the extent specifically provided otherwise, thirty (30) calendar days from the date of receipt of such notice to affect a cure (the "Cure Period"). If Page 8 EMC Corporation Statement of Work the recipient of such notice fails to affect such cure within the Cure Period, then the sender of such notice shall have the option of sending a written notice of termination, which notice shall take effect upon receipt, and such sender shall thereafter have such remedies as are provided at law and this SOW. 4.2 Proprietary Rights 4.2.1 Proprietary Rights All patents, copyrights, trade secrets, methodologies, ideas, inventions, concepts, know-how, techniques or other intellectual property developed or provided by EMC are and remain EMC property ("EMC Proprietary Rights"). All written reports, analyses and other working papers delivered by EMC to CUSTOMER in the performance ofEMC's obligations under this SOW ("Work Product") belong to CUSTOMER, Nothing herein shall preclude EMC from developing, using or marketing services or materials that are similar or related to such Work Product. 4.2.2 Customer Furnished Materials Any tangible materials furnished by CUSTOMER for use by EMC remains CUSTOMER property. All such materials shall be returned to CUSTOMER upon receipt in full by EMC of the applicable payment. 4.2.3 Work Product License Upon CUSTOMER 's payment in full for Work Product, and to the extent that EMC Proprietary Rights are contained in the Work Product, CUSTOMER is licensed to use such EMC Proprietary Rights internally, for the purpose for which the Work Product was provided, on a non-exclusive, non-transferable, royalty-free, worldwide basis, CUSTOMER shall not sublicense or otherwise transfer to any third party any EMC Proprietary Rights. 4.2.4 Software License If CUSTOMER is granted a license to use software in conjunction with this SOW (a "Project License"), such shall consist solely of a non-exclusive, non-transferable and non-sublicensable right to use such software only in direct connection with the applicable SOW. The term of the Project License shall start on delivery of the software and expire one (1) year thereafter, or on completion of the SOW, whichever occurs first. 4.3 Confidential Information "Confidential Information" shall mean any and all information or materials provided by one party to the other which are in tangible form and labeled "confidential", or, if disclosed orally, are identified as being confidential at the time of disclosure, or any other information, observed when at a facility of the other or a third party, that a reasonable business person would understand to be not publicly available, but shall not include information or materials that (i) were, on the effective date ofthis SOW, generally known to the public; or (ii) become generally known to the public after such effective date other than as a result of the act or omission of the receiving party; or (iii) were rightfully known to the receiving party prior to that party receiving same from the disclosing party; or (iv) are or were disclosed by the disclosing party to a third party generally without restriction on disclosure; or (v) the receiving party lawfully received from a third party without that third party's breach of agreement or obligation of trust; or (vi) are independently developed by the receiving party; or (vii) are required to be disclosed by Florida Public Records law. The receiving party shall protect the other's Confidential Information for three (3) years after receipt thereof, by means of the same standard of care as used by the receiving party to protect its own information of a similar nature and importance, and no less than reasonable care. The receiving party shall use Confidential Information only to fulfill its obligations or to exercise its rights hereunder, and shall disclose Confidential Information only to those persons in its organization who have a need to Page 9 EMC Corporation Statement of Work know such Confidential Information in the performance of their duties in connection herewith and who are bound by a written agreement to protect the confidentiality of such Confidential Information, and will promptly report to the disclosing party any actual or suspected breach hereof. Each party shall not, and shall not authorize or assist another to, originate or produce any written publicity, news release, marketing collateral or other publication or public announcement, relating in any way to this SOW, without the prior written approval of the other, which approval shall not be unreasonably withheld. 4.4 Warranty 4.4.1 Warranty EMC shall perform the Services hereunder in a workmanlike manner in accordance with generally accepted industry standards. CUSTOMER must notify EMC of any failure to so perform within ten (10) days after the date on which such failure first occurs. EMC's entire liability and CUSTOMER's sole remedy for EMC's failure to so perform shall be for EMC to, at its option, (i) use reasonable effects to correct such failure, and/or (ii) terminate the SOW and refund that portion of any fees received that correspond to such failure to perform. 4.4.2 Disclaimer and Exclusions EXCEPT AS EXPRESSLY STATED IN THIS WARRANTY SECTION, EMC PROVIDES SERVICES "AS IS" AND MAKES NO OTHER EXPRESS WARRANTIES, WRITTEN OR ORAL, AND ALL OTHER WARRANTIES ARE SPECIFICALLY EXCLUDED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE, 4.5 LIMITATIONS OF LIABILITY EXCEPT AS OTHERWISE PROVIDED UNDER WARRANTY, EMC'S TOTAL LIABILITY AND CUSTOMER 's SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM WHATSOEVER, INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON CONTRACT, WARRANTY, NEGLIGENCE, OR STRICT LIABILITY IN TORT, THAT ARISES OUT OF OR IN CONNECTION WITH SERVICES PROVIDED HEREUNDER, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY EMC'S SOLE NEGLIGENCE IN AN AMOu~l NOT TO EXCEED AN AMOUNT EQUAL TO TWICE THE PRICE PAID BY CUSTOMER TO EMC FOR SERVICES RENDERED HEREUNDER. NEITHER PARTY SHALL HAVE LIABILITY TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, DATA AND/OR USE), EVEN IF ADVISED OF THE POSSmILITY THEREOF. 4.6 Independent Contractors The parties shall act as independent contractors for all purposes under this SOW. Nothing contained herein shall be deemed to constitute either party as an agent or representative of the other party, or both parties as joint venturers or partners for any purpose. Neither party shall be responsible for the acts or omissions of the other party, and neither party will have authority to speak for, represent or obligate the other party in any way without the prior written approval of the other party. 4.7 Compliance with Laws and Governing Law Each party shall comply with all applicable export laws, orders and regulations and obtain all necessary governmental permits, licenses and clearances. This SOW shall be governed by the laws of the State of Florida, excluding its conflict of law rules. Page 10 EMC Corporation Statement of Work 5. Project Fees and Payment 5.1 Fees and Invoicing The total fixed-fee for the Consulting Services is inclusive of all travel and related expenses. EMC shall invoice Billing Agent in accordance with the information provided below: Fee:$5629.00 This fee has been paid to Dell Marketing LP 5.2 Completion Criteria: At the time ofthe completion of the Project, EMC shall send Customer a written notification indicating Project completion and requesting Customer's signature. If Customer is satisfied with the performance for the project, its signature will indicate acceptance. If Customer indicates that EMC has not satisfactorily completed the phase, the parties will meet and use good faith to resolve difficulties. If Customer does not respond within seven (7) business days. the consulting services for this Project will be considered accepted. Page II EMC Corporation Statement of Work Authorization This Statement of Work constitutes the complete and exclusive agreement between EMC and CUSTOMER with regard to its subject matter, and supersede all prior oral or written proposals, agreements, representations and other communications between the parties with respect to the consulting and implementation services and shall prevail notwithstanding and different, conflicting or additional terms and conditions which may appear on any order or other document submitted by CUSTOMER or EMC. All parties hereby acknowledge that they have read and do understand this SOW and all attachments hereto, and agree to all terms and conditions stated herein. CUSTOMER agrees that Dell Marketing LP is acting solely as a billing agent for EMC and shall not be responsible in any way for the provision of Consulting Services. IN WITNESS WHEREOF, the parties have caused the Statement of Work to be signed on the respective dates indicated below. Acceptance of Statement of Work - Number CDP06040730 For EMC Corporation For CITY OF BOYTON BEACH Signature Signature Printed Name Printed Name Title Title Date Date Sales Order Number Purchase Order Number For Dell Marketing LP, as Billing Agent Signature Title Printed Name Date Page 12 City of Boynton Beach 4.04.2007 vrll.-. r'r2:..lf?- bf:, ~1.1 *-~'" i3 ,) ,\Co~_ \(.:" / ')t) /1 . "~'I '~) ~' ; f I Total Purchase Total Savings $ 75,107.11 $ 109,965.18 $ 79,538.21 $ 119,213,08 $ 11,000.00 $ - $ 5,629.00 $ 2,085.29 $ 7.578.00 $ 1,402.00 Pricing for City of Boynton Beach $ 75.107.11 $ 79,538,21 $ 1,000.00 7,714.29 $ 5,629.00 4,490,00 $ 3.789.00 FL State Contract Pricing 185,072.29 198,751.29 1,000.00 $ $ $ $ $ Qty 1 1 1 1 2 DelllEMC Boynton Beach SAN Solution Dell Product City Hall CX3-10c; 30x146GB; 6 Hosts Utilities CX3-10c; 30x146GB; 12 Hosts Migration Services Attached SOW Replistor Implementation Services Q# 357184790 Dell SAN Management and Data Protection Course Combo Q# 357125229 Grand Total MV Async Q# 355725546 MV Async Q# 355725846 instal nsta If quanities or product mix is The pricing is contingent on the following 1. Pricing is based on shipment of all product quantities listed. revised, Dell reselVes the right to update the price accordingly. 2. Configurations for the product listed included in html attachments for your review. X I frrz~c\ H (;?fl>1-7~ / -;f- i f L( -,>/ l' :;2. -,- k:. /" ><iotech TQ~ Hi'.'::! Quote Di'i te: -s;)65U/, f~o'/nt.un beact' FL Phone: S61 ?4,1. t>~)/3 Email; ('(,'nt;jin':; ~: i"i;.\~-'V:", i.\qn:.'~::,r:c;': . j, dl(1 ivld-;tc' l-\c~'ec,ner l-, r/cihc U)"t,:;y.r: ).:~:)tC(Ji ; "";i",-,('cfiGih:;iy City of Boynton Beach (Site A 3000Edge) SSN: [ Unknown] Quote per pricing terms and conditions at GSA #GS-35F-0244L. The following products are priced open market: 800707-000, 770591-000, 800705-000, 800696-000,770304- 000,770235-000,770246-000,770233-000,770312-000, 770522-000 ,800721-000, 770916-000,020 131-20 1, 000 128-000, 770526-000,and 770298-000. System - 3000 - Edge !Magnitude 3D 3000e Edge Hardware Package with Cluster Storage Bav IV IMagnitude 3D 3000e Edge Hardware Package: 1 ICON, 1 Dimensional Controller Node, 2 idual-port Fibre Channel interface cards, 1 Cluster Storage Bay IV. Includes DataScale I Platform Manager LevelL 800707-000 I i $25,0001 $13,750 I $13,750 i ___-'-----_---L.-_~ Connectivity - 3D E>.tendeJJ ~ Qty Pal t Number L,st P ,ce UnR Pnc€' PrIce liSCSI Adapter for Magnitude 3D 3000 Edge i i j i 1 liSCSI Upgrade Package includes 1 Dual-port iSCSI Interface card for Magnitude 3D 3000e 770591-000 I $3,3331 $1,833 $1,833 i L__._._.___~~..E:_~ys~I:'1________ __._______.___..._._______.._.__.__._._.___.____..__.__.. ____________________ __ _ ____:____________.:.....____ __ ___ Coru'Jccth;;ty " Cables 2 iCable - 2m LC Duplex/LC Duplex Fiber Optic Patch Cord ICable - 2m LC Duplex/LC Duplex Fiber Optic Patch Cord .... ,......................--..--....-..-..........---..--...--.---.......-.--....-.---.-.-..---.-------------.----.-.-.--.---..-- 840056-005 i ..-.........-t I , $1081 , ...-.---.j- $59 $118 2 ieable - 5m LC Duplex/LC Duplex Fiber Optic Patch Cord ...____JCa~I~_~ SIl2LC puple~/~S: l?_~p}~_~..f"~~~! Opti~__~~~~~__C:~r~ 840056-000 $1081 ___~5~t $118 i , m! c ')~.!nectjvity <. S'Nltcheo:.: ~ ClS;CO , ~ )' l" dt'd Ql) I J(f' _ MDS 9216i 14FC{2GE ports Multiprotocol fabric switch w/l slot _ MDS 9216i 14FC/2GE ports MUltiprotocol fabric switch w/1 slot. (SFPs sold 770304-000 $750 5450 j $900 <~ ~____<___._~__~~_._.~W_ $270 $8.100 770246-000 770233-000 $21,700 5'.4,025 $14,025 770312 -000 770522-000 $32,000 $20,677 $20,6 r ,Cisco - 1 Gbps Ethernet - SW SFP, LC ____.Js::~<:::>__= 1 Gbp~ Ethernet - SW SFP, LC 30 ,Cisco - 2Gbps Fibre Channel-SW SFP, LC Jc:.i~,c:o__:l_c;~.e,~_~i!)~~._c:~.~Il.IlE!L:?~_?_~~,L-c:. ICiSCO - AC Power Cord North America 110V 9020, 9120, 9124, 9140, 9216 ,_.~__.__ iCisco -AC Power Cord North Arrerica 1l0V ~020, 91202- 912~9140!_~~~_6_ 'Cisco - MDS 9000 16-port FC Module (SFPs sold separately) ._ '.c:~sc:o_-__r--1[)?~2.0Q.!?..::e.CJ rtFc:t:'lo_d..tlle J?!:f:'!;!;CJI~_sE!e.'l.r:.a~~IYL - MDS 9216 Standard SAN-OS Software - MDS 9216 Standard SAN-OS Software Driv"s & flays - Fibre - SATA ". <'.. '.'I'd '-'" .. , .:~.tw~"jre - 3D 'Datascale Capacity Manager SATA (4,STB ) D~tasc:~IE!c:~pacitYt:'l~1l~9~~?~:r~(4:5:r~_): Provides dirrensional virtualization 800563-002 $9,240i $9,240 jDataScale Copy __.~a~.'l.?c:~_le_.c:.CJe'y' fCJ~_._t:'l a_c;Jlli_~u_d_e__3D_ 300o..alld...t:'l_~.c;J_n_i~'::d.~__~.I?_~y~t~.Il:l5:_ - i !DataScale Geo-Replication (1 Cluster License) DataScale Geo-Replication (1 Cluster License): Provides dynamic VDisk replication and between Dirrensional Storage Clusters that are distributed locally or across locations. 210047~OOO $16,666 $9, l66 $9,166 210053-000 541.667 ~:2.2.S1.:> 522,0 : ';',:"~i-~{jnal S(~rvice~ - Instaljation!Con'S-u~t~ng/St.Jl.1 Au,; !Ii E.tel1ded Rty P jl" \l Jmb-r' Ll1, r~, (!~ d'" r- 1(( ~ Prlct ,Field Installation: Magnitude 3D Edge A Staterrent of Work may be found at http://www.xiotech.corry'PSM3Dlv001 and is included here reference, 000143-000 56.833 53,758 53,758. Prnfession;J! Services - Connectivity ~ Cisco QI:y Pal t Number List Price Unit Price Extended i o Pnce Installation: Cisco 9216 Switch Staterrent of Work may be found at http://www.xiotech.corrVPSFeSlv001 and is included reference. 000128-000 $2,725 $2,725 Service - Magnitude 30 tMa9nitude 3D Software Standard Warranty (90 Days) ; 020131-201 i ..........j.~~c:l\lid..~.~_.r:".'1i.rlt.~!1.~.rlc:.~...~.E!.I.E!..~~.~!...!~~!.~!"~..!.:~!.~.~.~~!..~.rl.d..I?_~c:l.rlE!._.~!::'ppc:l.rt__c:c:l'!.E!.~~~.e....f.c:l~~.9._.~~Y~.:....I_.. ..___j I : ! !Ma9nitude 3D Standard Warranty (1 Year, Next Business Day) , IMagnitude 3D Standard Hardware Warranty (1 Year, Next Business Day). Software coveragel , 'm.Jst be purchased separately. i ,-. . I Magnitude 3D System Warranty Uplift from NBD to 4 Hour Response (available only in Support I /zone 1 - period of 1 Year) Magnitude 3D System Hardware Warranty Uplift from NBD to 4 Hour Response (available onl~ _ _.___~ort Z()_rl.E!...! - period of 1 Year), ~.oftwa~overage m.Jst be purchased separately. i , I !Standard Magnitude 3D Software Maintenance - remainder of 1st Year _______ ;Sta.ndard. Ma.2!.:1!!!::'.d.~ Soft~are Main!.enan..::e.....:. re~inder .of l~!'year __ 020130-001 $1 $1 -.....................1 ....... -.........---j.... ! I i I $ i , "'" t=j :.~--i--r-------.1 i I I i i $13,290' $7,309! $' , 020130-011 020131-011 $7,309, ----1-----' 24 I lStandard Magnitude 3D Software Maintenance Extension - 1 month !Standard.. Magnitude 3D_.?i)!tware Maintenance Extension~_l.rl:Drl.t~...____ 020131-110 $1,4761 $81 $19,488: St~ndce T C(HHlf!:c:t:h'~ty - Cisco I I ICisco - SMARTnet On site 24x7x4hrs MDS 9216i 14/2 switch leisco - SMARTnet On site 24x7x4hrs MDS 9216i 14/2 switch ! - 770526-000 $2,068 ;Cisco - SMARTnet Onsite 24x7x4hrs MDS 9000 16 Port Module l<::i~c:IJ.::.~rv1ARTrl..et_()nsite ~~~?x4h!.:~~_~? 9000!.?_.!:c:lrt Mod u~________. 770298-000 I . $1,5731 $1,4161 $1,4161 .--____.__.L_..__J___.....__.__._, Spares &. Other Han1wan~ ~ 3D Qty Pari Numbel List PlIce Unct Pnce Extended. J PrJCfl Distribution Unit, 220V 800507-000 Shipping 020112-000 Configuration Total: $149,638 Temporary Key: Geo-Replication 30-Day Ke SSN: [ Unknown] Items on this page are priced open. market. t;A' \' ded QII ' . .-rll;....: '" f-'rn{l2sslonai Services - InstaHatlon/Consllltlng/5taU A'...I9> Temporary Key: Geo-Replication 3D-Day Key activates Geo-Replication for a period of 30 days on a single system for use in data 000215-000 $4,167 S2,500 S2,500 Qt, ' , , , " " ' (' " I'dt'd . P I~ Spares & Other Hardware v. Magnitude lTrade-in Promotion Shipping Bundle. :The use of a Magnitude crate, eight (8) drive boxes (holds 32 drives), shiprrent of 'PClc~,Cl,!i~.2,rrB.teria~s-'.Cll!.d_ret_u~I1ShiP~Tl_tof, t:1,Cl2I1it~de_.a.l1.~ c! rives: 800511-000 $2,000 ' $1.200 'i.1.200 Configuration Total: $3,701' City of Boynton Beach (Site B 3000Edge) SSN: [ UOknown ] Quote per pricing terms and conditions at GSA #GS-35F-0244L. The following products are priced open market: 800707-000, 770591-000, 800705-000, 800696-000,770304- 000,770235-000,770246-000,770233-000, 770312-000, 770522-000,800721-000, 770916-000,020131-201,000128-000, 770526-000,and 770298-000. System - 3000 - Edge I IMagnitude 3D 3000e Edge Hardware Package with Cluster Storage Bay IV 'Magnitude 3D 3000e Edge Hardware Package: 1 ICON, 1 Dimensional Controller Node, 2 dual-port Fibre Channel interface cards, 1 Cluster Storage Bay IV. Includes DataScale Platform Manager Level 1. 800707-000 $25,000 $13,750 $13,750 Connectivity - 3D Extcl,ded Qty Part Nun :..e" L s~ Price UnIt Pnce - ~~ iiSCSI Adapter for Magnitude 3D 3000 Edge liSCSI Upgrade Package includes 1 Dual-port iSCSI Interface card for Magnitude 3D 3000e _1~~!:JE!~Y~~E!111 . .......... .._.. _ ...._ ......... _ ._. I I 770591-000 $3,3331 I $1,8331 I ..........__...... ...J $1,833 ; Connectivity - Cables [Cable - 5m LC Duplex/ LC Duplex Fiber Optic Patch Cord ICable - 5m LC DUDlex/LC Duplex Fiber Optic Patch Cord 840056-002 $138 I $150, 840056-005 $108 $118; , 1 ----j 840056-000 $108 $591 $118 ; I 2 Cable - 20m LC Duplex/LC Duplex Fiber Optic Patch Cord Cable - 20m LC Duplex/LC Duplex Fiber Optic Patch Cord 2 I Icable - 2m LC Duplex/ LC Duplex Fiber Optic Patch Cord [Cable - 2m LC Duplex/LC Duplex Fiber Optic Patch Cord Connectivity - Switches - Cisco Qty Part Numlle' List Price LJrlJt Price E'<tended '. PrIce 770304-000 770235-000 - AC Power Cord North America 110V 9020, 9120, 9124, 9140, 9216 - AC Power Cord North America 9216 770246-000 - MDS 9216 Standard SAN-05 Software - MDS 9216 Standard SAN-OS Software 770312-000 - MDS 9216i 14FC/2GE ports Multiprotocol fabric switch w/l slot - MDS 92161 14FC/2GE ports Multlprotocol fabric switch w/1 slot. (SFPs sold 770522-000 ,nnet_:tivity n bBA - Qiflgic Qlv . - q, j I (c :QLogic - QLA2340 2Gb 133MHz PCI-X Server HBA iQLogic 2340-BK 2Gb Server Host Bus Adapter (low profile form factor with full height ____....:.~.ra ck_~.tl:_~_._.._~__ ..._.______.....__~..___ ..____ __._.._._. . -.-- .----.-. 770166-000 $1,399 $769 $1,538 Oraves &. Bays- fibre - SA TA 8 17SO GB SATA drive for Cluster Storage Bay IV E50...COE3?Jl,:rP<~ri\lef?rc:lustE!~..?tor1l2E!E3llyIV 800694-000 $2,150 $1.182 $9,456 1 )(~t'lld{'d qty "I"' \_"1 ,,' p.: ~' Suh WdU.~ ^ 3D !Datascale Capacity Manager SATA (4.5TB ) iDatascale Capacity Manager SATA (4.5TB ): Provides dimensional virtualization ________~__~~---'----~-'----'i~n~--'-'.------..,---"j---------- 800563-002 $16,800 $9,240: $9,240 DataSca.le Copy . ..~!ll.?~IE!.C:"()'p.L~()~ Mll~.!!LJde 3D_.:3.0_Q.Q.~~~~gni!LJ~E!_ 3D~yst~.r:r:rs. 210047-000 $16,666 $9,166 $9.166 ,DataScale Geo-Replication (1 Cluster License) 'DataScale Geo-Replication (1 Cluster License): Provides dynamc VDisk replication and lmanagement between Dimensional Storage Clusters that are distributed locally or across ..19E!?2.,r.i:lp.~.ic:.I()c:.1l.!~()!ls.,:..,.........._.........,.".,......._.___.....,.,_.........._,............._.....,.."........-,.,...............,..,................----.,.......,--.---. 210053-000 $41,667 $22,916 i $22,916 I ..m......~_..._._....~..'" t'foU~~F;:ional S{~ndces - InstaHaUonlCon5u~bng!StaH Aug, . ~. \ ~1Nj Qty ~. '-l. iField Installation: Magnitude 3D Edge :A Statement of Work may be found at http://www.xiotech.com/PSM3DIvOOl and is .. ._~t1..~~~.~.r::~ferE!!1.c:..e.:__._ 000143-000 $6.833 $ 3,758 $ 3,758 {',j..e~.sional Servir;:f.~$ - Connectivity. Cisco r <U-l1ded - Qt y 1 'J r ,I) I )' ~ ~ j~" ) t I Pr,t..-C :Field Installation: Cisco 9216 Switch 'A Statement of Work may be found at http://www.xiotech.com/PSFCSlvOOl and Is Included .he~~ bxreference. 000128-000 $4,542 $.::,725 $2,72'J Service - t4~~9nitude:~ 30 Qty Pdrl Nurnr'~r L'st p,,(C Unit Prlc<: Exteoded Pnee 2 I . , 020131-201 i $1 $1 ---...---_____._____._________._----1--__._ . , 1 i ! $: i i T- I 020130-011 I $1,0051 $553 .--.------------r-.---------i--.-.---..-.------ I i J 020131-011 I $13,290 I $7,309 .+ .---.--1------- , i i '1 IStandard Magnitude 3D Software Maintenance Extension -- 1 month 020131-110 I $1,476/ $812: $19,488' iStandard Magnitu,?e 3D Software Maintenance Extension - 1 rron~_________.__.____...L..........____.._._.___.L____.______ __L_____.___.___....L____.______._.... j I $: :Magnitude 3D Software Standard Warranty (90 Days) "___.__J!'!.?~~~ main!enance release, feature release, and phone sUPj:l~rt coverage for ~O days. iMagnitude 3D Standard Warranty (1 Year, Next Business Day) ; !Magnitude 3D Standard Hardware Warranty (1 Year, Next Business Day). Software coveragel Irrust be purchased separately. >---.--T I IMagnitude 3D System Warranty Uplift from NBD to 4 Hour Response (available only in Support i jizone 1 - period of 1 Year) i Magnitude 3D System Hardware Warranty Uplift from NBD to 4 Hour Response (available onl~ _.lif1?~j:lP?~?()f1~~:.P~t!.()9..__()~_.!...y.l:!~n.:...??!!::y~~~_.c::.~__~r.~_Q.~~~!~__e_2!:lr.c::~~~~~.__~~fl~~;:!..!E!_'_'l:::__.~ . ; lstandard Magnitude 3D Software Maintenance - remainder of 1st Year i ... ..j?t~f19~.r9...t:1.aQf1_it~.9..~...~[)_.?_().f.!\\I.~r~...~.~.if1~~f1~f1.c::'=--=..r_~~.i_f19~..?f..15__!...yE!~r..... ...._______ ___.__......_ ...._1 020130-001 ; I $ I $ 3 i ; $1,659! i --.---J $7,309 24 Service - Connectivity - Cisco ICiSCO - SMARTnet On site 24x7x4hrs MDS 92161 14/2 switch iCisco - SMARTnet On site 24x7x4hrs MDS 9216i 14/2 switch 770526-000 ';~pare5 & Other HardwaH': ~. 3D -- -- -- Extended --, ,,Qtv Part Number list Pnce Unit Prlc<: Pnee 2 Power Distribution Unit, 220V 800507-000 $916 tandard Shipping tandard 020112-000 Configuration Total: $131,565 Quote Discounts Discount if purchased by 3-29-7 Quote Discount: $40,000 Total Investment: $244,903 Or,,:Con# OQ007218--000637'l2 Cid(36007)[CHH03--ADDRCSSJ] t~HllS lH'1ri ~Ond!ttorH;: 'i"his ~:~t'Gtion Pi >PHriv en\~m of Xrctech the (~j,:;iUS!V() n:;i"F~!V Uy;i;,YT(Y vVith resrpC"t K~ dny rdicgfJd inmnSfxn:~i.1t:.> r) ('lIT,1 UniteC Sti:1lU:i j.;::Jknt c:ofJyriJli\. 9.$QfIWABEltGENSIN0 C)"r-::onl:~r'~) d er:.iduGt, )<,iute,f, urdnt CUi:j:YTC,' '.'J ust: th.; S~lftwarf) ,.::n(j ~';uhjpc:r tc thf.; terrrrs c/ Xlolfj(:h\, Lnrj USf-:t suel) U.,i~-:.;t:lfmr l.Ji1de~.;tdn,L j, :)iec:i: ~" :f;f" }r'::-ited "t:'i:luai, I:', m:,'voci frolYll;'~; 11 Ri;;SPQNSJl3J!.JI1E;;LQE..\:;.\lSI.QMl;.R '''lid''. :-j,,(\ Snfl\vare () NeH.:/j unll!';' V'HS: /J.,urtY:;i,y.:ni .'y;,c-On.:L:nce \-vlth ,SdhNare f;:-))lu!'~.;~" \)1' cjde<xs Xiolec:( d It:; Into?;)' fem);'n~-; or SujhV~'ln- C}E;ti:>r:el;~~ r;1('~1Yb(<, :1'.,/, r+,:.;m;\:ai 'Tny CGLilr \,A.,'itnol.it AiGtt'Ch's .vntlI-:I"' :)0':' U-lI : /\ijfee;'i-en! \.~JtJBn dli8, aVf-1Jl'1t)l(; f;~r CDty;ultd1iC'fi ()!t)l.F inhrncltion dnfj data requwyj fer pOiforITi:..lnGu umJer thi~~ AqreGPljnt. \.,,'h~Jnjjv\.;~r sucn <lSSistdnce, rYJr:::"xme! pro:'~p,lr(:1tion d !r1(-J SltO,:-n \"!1lid'\ XiolOGil ..viL p(.)dorrnthG t(" lTF.li<e GUn"'llt') lhe> ':):!t~.'; is :><:rre, 'Nlthout (..r><::cepllon laws {ff':(K~~al. 51alc and an,j and "ivHd~ HEiV r)l-? r~-;m;ired ciate (l,IOli:',lK;n :'JnCj,- 01 St:xenl.')f11 ()'f \:Vork for ih:: !:'>('JdOrTTBrlCe of S,-':~rVl{x.) (0 the ~-;~),,':~crflu.}jJGns ~nd In i.'lc;:.:ordance \fJltnthe Hn'f.' :v:-:neduie stdtr':':cJ in the r.'lpphcable xiote-ch qUGtatlon or SUP!Xi,t opti-':ln for all P:-:;qbtr:-llJDrlS requirf;(J UnCiGf suet) la\''\/~}, orders t)f urdU'lanGHS all reg;strations with qcn.'smrrentai aqendes. coml-ercial rt~}r>tri(~'S ,"cd ,,)((tn;.:-\:"'H;,::.< ;:.P'lC the nke lS to [jcen~::'f::~.> dr:(] PUb~L ;':;1;,:j 'n ; 2 Gi;;N"HA1.PRQViSIQN$ Will t){': (loverned by and cons;ruc-<l under tt'l":~ laws of lhe' Stale of Minnesoia v.....'llhnut resoed 10 trle Untjf:r inp CcnTTI.:m:iaJ i\rhitralJDn Rul'.'Js Df tll(-) f-\rT"enC.<lr1 j\rbitrat~on /\ssoclation in aC(::Grdanc/': with saiO elthOI s.alf:: other Okln CamJda toilS aqri:.~fn::-nt ::J1a!l be I.';nforcud v\.1thr)u! rf:~.;ard to the United Nations Convention Oil tile lnterr'iaton:d SGts forth the ('.nrbre aQI13pm.:,:nJ: anti under.~,j:')rj(j!no e:! tI'I('; P;:'~fli"iS rq;;-mjinp rb SUbjUC1 rrntter, and rn.:;rqes ;]ll ~mC>r (jl~_~..~lY;~;fOilS t:;pjv\-<~('n tf"}f';i l t'AGdif:Gatj,;n~~ /0,' drn.'ndnr:'idt:.; slqnod LI,! ()ot,h partif~3 to hav/.; effi'.:?ct rmn nc rrm<::~ trlree (3) Cia\!" r(~turr~ rcpint remIH~)io(j, Notlco":, l~lJSt i ut"::(,, ! ~ rHi ,':'i\.'od or as !l:~i': t)eq!l'! i~> feV}(-}I!:,U :t U:IUS~,,(j n':';(lli~:jf'}lY,f; ':':lU"l(;ut tne v\'nUel"! !J)flsent of I\:018Ch. :>(lo!eU'! ~.,hk,c ore ;:.artv' UU\'OlTHTDntai ,:-lG1:,:.; ail any Gf it:;: npht::-: and O!;ilq3huns the ;-,tl'ier ;-jri~,:nfj 1r;~:rn ar:K!ltJon L.: any Gthi~r nqnL: and re,"'f."d!~1S it trH'l r-:dVf..'. r.:ur lH ;;'1<.;\ ,y :Jr...'f~iJ,-~-er\1 :frrq,n1t>n 'J'J1~; nGi prcrlihlt exuor; ,"'r Ui',:(';i<';iur (~pn.ain pr;:xh..lct,; V'lf.:: Ejpu~, ,4:jr~jn1::,1J"21h':f-; R~>nU;dt;cn~.:, <nd appilcdbie iaV<i ct;jkii:~ticn" 0' ()l~'(Dn-'c anrj the 1 :-rrrL dn(j pl,/\;;,:,;on'::, cf ;:);':<:D{T;~:; '~')G!t..,...ar":"' 1 ,? ,)1':: C.,)ns,st<::'li! iNI~j, i!'k~\ t-.<EU;. l? ~::1 ~:: drHj <~t [i.g CG!Tt)Ut-:.>t" ':-/)!t;..'~i'n': Lr:'/Tr';, the> F\odt.;ct anO ~Ch.irtj'i This Agreement is deenled Confidentia~ Intormati-on of X,otech ami is sUlJject to the terms of the AgreernenL Peter & Richard, (1/\ fl 16:18 /!;: !'Tr;- $'I?Ck' ,_,/"_ j C/ " Here is the updated quote with all of the changes discussed with our engineers. The first is for the lease (city side), and the second is for purchase (utility side), Let me know if you have any questions. Regards, Dave Koehler Regional Account Manager MPC Computers (800) 438-3343 x 33813 Direct: (208) 893-3813 Fax: (208) 898-2193 dkoehler@mpccorp,com www.mpccorp.com htto://www.moccoro.com/common/navioation/mpc third party line card 05.pdf Quote Memo MPC-G, LLC Remit Payment To: Date: 03/29/2007 906 E. Karcher Rd. MPC-G, LLC Reference No: 9892155 Nampa, 1083687 P.O. Box 94170 Phone: x 33813 FAX: 208-893-7240 CHICAGO, IL 60696-4170 Phone: 800-245-2449 Include Ref. No. 9892155 on check or P,O. Cust#: 1556 Cust#: 1556 Bill To: CITY OF BOYNTON BEACH, FLORIDA Ship To: CITY OF BOYNTON BEACH, FLORIDA 100 E BOYNTON BEACH BLVD 100 E BOYNTON BEACH BLVD POBOX310 POBOX310 BOYNTON BEACH, FL 33425 US US BOYNTON BEACH, FL 33425 Contract: STATE OF FLORIDA 250-000-03-1 Date Salesperson PO/ACT# Ship Via 26-MAR-2007 DAVE KOEHLER / FedEx / Mist One Day PM Ordered Quantity 4 DAT1176 Item Number Description Unit Price Net Price Configuration DATAFRAME 240 22,901.00 91,604.00 4 - CSE001916-00 4 - MOD002378-00 Case 2U Rack Mount Chassis Memory 4GB (4X1GB) ECC DDR2 SDRAM 4 - HDT001267-00 4 - CCD002434-00 4 - CCD002327-00 4 - SF0002973-00 4 - SF0002971-00 4 - SFOOO2972-00 4 - NW0001345-00 4 - LAA001598-00 Hard Drive 3.0TB SATA" 3.0Gb/s Storage (12x250GB Hard Drives) Controller Card Dual Battery-Backed RAID Controllers Controller Card Customer Selects No Additional PCI Cards Oem Software Conligurable SnapShot Pak Oem Software Remote Data Protection Pack Oem Software Scalability Pack Network Card Option Dual Gigabit Ethernet iSCSI/EBSD (10/100/1000) Asset Labels None Customer selects no Asset Tag 4 - WAR001074-00 Warranty SV.1st-3rd Yr.Manulacturers LId Warranty.Tech Support & Parts 4 - SVCOO3766-00 Warranty/Services SV 1st-3rd Yr NBD On-site 4 SVC003609-00 Warranty/Services Customer Declines MPC Installation Service 2 DS0007817-00 Hardware - OPEN MARKET HDW.DSO.CISCO CATALYST 3750 24PT -10/100/1000 SMI S/W. WS-C3750G-24T -S 4,200.00 8,400.00 12 CCD002466-00 Controller Card QLOGIC Dual Port PCI-X 64BIT 133MHZ TOE Card 1,250.00 15,000.00 FOB Status Origin Sale Amount 115,004.00 Shipping/Handling 0.00 Total Sales Tax 0.00 Total 115,004.00 Name Title (il applicable) IF TAX EXEMPT, CERTIFICATE MUST BE PROVIDED AT TIME OF PURCHASE. MPC Computers, LLC cannot be responsible lor omissions and/or errors in typography. Estimated ship date is based upon approved credit. MPC's money-back policy does not include original or return shipping and handling charges (il applicable), applies only to Products purchased directly Irom MPC, and begins Irom date 01 shipment. All returns require prior authorization by MPC and are subject to a 25% restocking lee. By signing this agreement, you agree to purchase the Products listed above. You lurther understand and agree that this purchase will be controlled by MPC's Terms and Conditions 01 Sale document, and that the MPC Products will be covered by their applicable MPC Limited Warranties. Finally, by signing this agreement you confirm that you have the authority to bind yoursell or (il applicable) your company or purchasing entity to these terms and conditions. LEASE QUOTE FOUND BELOW IS AN EXAMPLE OF POTENTIAL PAYMENTS FOR CUSTOMERS INTERESTED IN LEASING OR THOSE CUSTOMERS PRE-APPROVED. ACTUAL LEASE TERMS ARE BE1WEEN CUSTOMER AND A THIRD PARTY AND ARE OFFERED ONLY TO QUALIFIED CUSTOMERS, SUBJECT TO CREDIT APPROVAL. SIGNIFICANT OTHER TERMS AND RESTRICTIONS APPLY. ALL TERMS ARE SUBJECT TO CHANGE WITHOUT NOTICE. UNLESS OTHERWISE SPECIFIED HEREIN AND EXPRESSLY AGREED TO BY MPC COMPUTERS, LLC, PAYMENT TERMS ARE NET 30. SUBJECT TO CREDIT APPROVAL. IF YOU ARE NOT APPROVED FOR LEASING OR NET 30 TERMS, PRE- PAYMENT WILL BE REQUIRED. 36 MONTH FMV BUSINESS LEASE $3,526,02 PAYMENT DOES NOT INCLUDE APPLICABLE TAXES Quote Memo MPC-G, LLC Remit Payment To: Date: 03/29/2007 906 E, Karcher Rd. MPC-G, LLC Reference No: 9892305 Nampa, ID 83687 P.O. Box 94170 Phone: x 33813 FAX: 208-893-7240 CHICAGO, IL 60696-4170 Phone: 800-245-2449 Include Ref. No, 9892305 on check or P.O. Cust#: 1556 Cust#: 1556 Bill To: CITY OF BOYNTON BEACH, FLORIDA Ship To: CITY OF BOYNTON BEACH, FLORIDA 100 E BOYNTON BEACH BLVD 100 E BOYNTON BEACH BLVD PO BOX 310 PO BOX 310 BOYNTON BEACH, FL 33425 US US BOYNTON BEACH, FL 33425 Contract: STATE OF FLORIDA 250-000-03-1 Date Salesperson PO/ACT# Ship Via 27-MAR-2007 DAVE KOEHLER FedEx / Mist One Day PM Ordered Quantity 4 DAT1176 4 - CSEOO1916-00 4 - MOD002378-00 4 - HDT001267-00 4 - CCD002434-00 4 - CCD002327 -00 4 - SF0002971-00 4 - SF0002972-00 4 - SF0002973-00 4 - NW0001345-00 4 - LAA001598-00 4 - SVCOO3766-00 Item Number Description Unit Price Net Price Configuration DATAFRAME 240 22,901.00 91,604.00 Case 2U Rack Mount Chassis Memory 4GB (4X1GB) ECC DDR2 SDRAM Hard Drive 3.0TB SATA II 3.0Gb/s Storage (12x250GB Hard Drives) Controller Card Dual Battery-Backed RAID Controllers Controller Card Customer Seiects No Additional PCI Cards Oem Software Remote Data Protection Pack Oem Software Scalability Pack Oem Software Configurabie SnapShot Pak Network Card Option Dual Gigabit Ethernet iSCSI/EBSD (10/100/1000) Asset Labels None Customer selects no Asset Tag Warranty/Services SV 1 st-3rd Yr NBD On-site 4 - WAR001074-00 Warranty SV.1st-3rd Yr.Manufacturers LId Warranty.Tech Support & Parts 4 SVC003609-00 Warranty/Services Customer Declines MPC Installation Service 2 DS0007817-00 Hardware - OPEN MARKET HDW.DSO.CISCO CAT AL YST 3750 24PT-10/1 00/1 000 SMI S/W.WS-C3750G-24T-S 4,572.15 9,144.30 6 CCD002466-00 Controller Card QLOGIC Dual Port PCI-X 64BIT 133MHZ TOE Card 1,250.00 7,500.00 5 SVC001475-00 Warranty/Services SV.Daily.NationaI.Service.IMAC.Labor.SAN.Professional Engineer 2,000.00 10,000.00 4 SF0002967-02 Oem Software SFO.DATA FRAME VSS PROVIDER FOR.MICROSOFT WINDOWS 487.52 1,950.08 FOB Status Origin Sale Amount 120,198.38 Shipping/Handling 0.00 Total Sales Tax 0.00 Total 120,198.38 CW'\ P0 Cc C:: NT G./fTB/S/T0 , , 4- :}C)g: ~ {'i~l r€lLMT '" . m'. :S"t..o:r".,a.... ..'gm'.'-e' ::S-nt-..u. .t:l'.0.n.:....: AU....: '0: .t.'e""-..f..o'-'~! ... . .:. ..-.... -. .,,--.....v.. ." -. :-.."<. ...., ..1.- "".,.... . ..._.'...M'..'...... .""m..'.... ',W ,_..' '_..'.',',,',w.w,',w'. 'm_...._.'u'.., .,...... -.... - ......... .".'.-....,...- 'ww","-..',','.'.'.".',',,",-- ,-~ City of Boynton Beach Revision 1 March 29th, 2007 Valid Through April 30th, 2007 Presented By: Murray Granger, EVP of Sales Stephen Jones, Senior Storage Architect Solution Quote - City of Boynton Beach Solution Quote Primary Site Compellent Storage Center Single Storage Controller (3) Redundant Active/Active iSCSI Host Ports Dynamic Capacity License Data Progression License Data Instant Replay License Enterprise Manager Foundation License Enterprise Manager Reporter License Remote Replication License (2.4) TB (raw) of 300GB 10K RPM HDD (4) TB (raw) of 500GB 7.2K RPM HDD (3) years of Hardware and Software Maintenance COST $ 90,786 Gigabit Ethernet Switches Force10 S50 Stackable Gigabit Ethernet Switch 1 Year Hardware and Software Maintenance COST $ 5,685 iSCSI HBA (12) Qlogic QLA4050C-CK HBAs' COST $ 8,280 Total Primary Site Solution Cost $104,751 Page 2of4 Solution Quote - City of Boynton Beach Secondary Site Compellent Storage Center Single Storage Controller (3) Redundant Active/Active iSCSI Host Ports Dynamic Capacity License Data Progression License Data Instant Replay License Enterprise Manager Foundation License Enterprise Manager Reporter License Remote Replication License (2.4) TB (raw) of 300GB 10K RPM HDD (4) TB (raw) of 500GB 7.2K RPM HDD (3) years of Hardware and Software Maintenance COST $ 86.574 Gigabit Ethernet Switches Force 10 S50 Stackable Gigabit Ethernet Switch 1 Year Hardware and Software Maintenance COST $ 5.685 iSCSI HBA (6) Oiogic QLA4050C-CK HBAs' COST $ 4,140 Total Secondary Site Solution Cost $96,399 Page 3 of 4 Solution Quote - City of Boynton Beach Solution Professional Services and Data Migration VeriStor On-Site Implementation (3) Three days of VeriStor on-site implementation $ 7.500 This service will be performed by a VeriStor / Compel lent Authorized Engineer Data Migration Engineering Services for Data Migration from Xiotech Magnitude A charge of $ 2,500 per day for the number of days required to complete migration will be assessed. Page 4of4 5/7/) I ITt; -t } ~-;7 \< sencilo Quotation <jl),ur!,pl-\t<.:;f',~ni) dxt,.'.V)l,:lLW &"'::<'.l(;\'. DATE 3/22/2007 Quotation # EP70322-01 Customer 10 Quotation For: City of Bovnton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33245 attn: Richard Svatek svatekr@ci.bovnton.beach.tl.us 561-742-6070 Quotation valia' unt//. 4/15/2007 Prepared by. Elizabeth PacelKo 45 Skyline Drive: SU"e 1017 Lake Mary. FL 32746 407-265-6293 FEIN.20-0257987 SALESPERSON P.O. NUMBER I SHIP DATE I SHIP VIA I F.O.B. POINT I TERMS Elizabeth Pacelko T I Best I Net 30 QUANTITY Model # DESCRIPTION SRP Pricing Discounted pricing 1 IP SAN Unified S NetApp FAS270. Clustered ISCSI SAN/NAS: Included S 42,641 .00 SI9.851.00 8.0TB(raw) FC harddrive storage and CIFS support 1 FC270 support 36 Months Premium 7x24 Onsite support with 4-HR Ports S20,285.o0 S 17513.00 Reolacement 2 SMIR Snap Mirror Software S 14,350.00 SI3.165.00 SMIR Support 36 Months Premium 7x24 support S5,165.oo S4738.00 ProfeSSional Servlces- includes project assessment development of SOW, system design, installatlng. testing. operator training and project management SI1.667.00 S5.00000 SUBTOTAL S 60.267.00 lAX RATE 0.00% SALES TAX S Estimated S&H $ TOTAl S 60.26700 If vou .'love anV questions concerning this Quotaflon contact: Bnon McCortlly(407)265-6293 dOle senciloiZ Quotation l.lOe,:.;)mplll1l;ifYlf19 r.j<1t,); :il:Q(*'t9~' ::;. .:'>(KIHltv DATE 3/22/2007 Quotation # EP70322-OO Customer 10 Quotation For: Citv of Bovnton Beach 100 E. Boynton Beach Boulevard Boynton Beach. FL 33245 altn: Richard Sva1ek svatekr@ci bovnton-beach.fl.us 561.742.6070 Quototlon valid until 4/22/2007 Prepared by: Elizabeth Pacelka 45 Skyline Drive: Suite 1017 Lake Mary, FL 32746 407 -265-6293 FEIN - 20-0257987 SALESPERSON P.O. NUMBER I SHIP DATE I SHIP VIA F.O.B. POINT TERMS Elizabeth Pacelko I I Best Lease' QUANTITY Model # DESCRIPTION SRP Pricing Discounted pricing I IP SAN Unified NetApp FAS270. Clustered ISCSI SAN/NAS: Included $ 42.641.00 $19.851.00 Storage System 8,OTB(raw) FC harddrive storage and CIFS support FC270 support 36 Months Premium 7x24 Onsite support with 4-HR Parts $20.285.00 $17.513.00 Replacement 3 SDR Snap Drive Software(lO Server Bundle) $17.153.00 $11.000.00 SDR Support 36 Months Premium 7x24 Onsite $8.640.00 $7.927.00 2 SMIR Snap Mirror Software $14.350.00 $13.165.00 SMiR Support 36 Months Premium 7x24 Support $5.165.00 $4.739.00 Network ISCSI Network Configusratins. Includes 2 3COM 4200G 24 $6.500.00 Port Switches, 18 NIC/TOE Cards. and all Cabling, $8.299.00 Professional Services- includes project assessment. development of SOW. system design. installating. testing. operator training and project management $11.667.00 $10,000.00 Here are the lease numbers SUBTOTAL $ 90.695.00 $11.060.00 upfront payment followed by payments TAX RATE 0.00% 1111/2007 $29.267.00 SALES TAX $ 1111/2008 $29.267.00 Estimated S&H $ 6.000.00 11/1/2009 $29,267.00 TOTAL $ 96.695.00 EqUipment is to be returned at the end of term. If you have any questions concerning this quotation contact: Brian McCarthy (407) 265-6293 x1910 ~.\-r~1>- / ... \\, Cl\ /:r: 0,\ Ci.V ) N ""' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOAAl VI.-CONSENT AGENDA ITEM I. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17,2007 April 2, 2007 (Noon.) ~ June 19,2007 June 4, 2007 (Noon) 0 May 1,2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15, 2007 April 30,2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 July 16, 2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve Change Order #4 accepting pool building revisions on the WILSON PARK COMPLEX project in the amount of$91,369.98. This proposed change will be considered a component of the contingency allowance ($618,900.00) approved by the City Comrnission when awarding the original contract to West Construction, Inc. at the Novernber 8, 2006 City Comrnission meeting, therefore no additional/new funding is being requested. The project number is CP0437. EXPLANATION: Based on previous consultation with the Recreation and Parks Department, these changes are deemed desirable to the pool building as outlined in the contractor's Change Proposal Request (CPR) attached. Because construction bids were favorable and because the current project has proceeded with few change orders, staff has identified an ability to fund aesthetic improvements to the pool building to match the appearance of the main recreation building. Additionally, the interior pool building restrooms/shower facilities will be upgraded. PROGRAM IMP ACT: Exterior and interior appearance and function will be improved. FISCAL IMPACT: c.I.P. Acct. No. 302-4219-580-63-05 AL TERNA TIVES: Allow the pool building to remain in its existing condition after the remaining Wilson Park Complex has been upgraded with the new improvements. '. // ,- J I .I / // II \ ~ ! / r {DrtSar-ent Head's Signature City Manager's Signature Assistant to City Manager CfyJ(/ ~_......~ Public Works / Engineering Division Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CHANGE ORDER (Instructions listed on second page) NO. 4 PROJECT WILSON PARK COMPLEX DATE OF ISSUANCE June 1. 2007 EFFECTIVE DATE See Signature Date below CONTRACTOR ENGINEER CITY OF BOYNTON BEACH 001-2413-07/CJD WEST CONSTRUCTION. INe. KlMLEY HORN AND ASSOCIATES. INe. OWNER OWNER'S Contract No. You are directed to make the following changes in the Contract Documents: Description: Acceptance ofPCO # 4 Reason for Change Order: Pool building: revisions Attachments: (List documents supporting change) PCO # 4 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: $ 6.189.000.00 Substantial Completion: Ready for Final Payment: Net changes from Change Orders No. _1_ to _3_ Net changes from Change Orders No. _ ] _ to __3_ $ 77.682.20 None (days) Contract Price prior to this Change Order: Contract Times prior to this Change Order: $ 6.216.682.20 Substantial Completion: Ready for Fina] Payment: Net (IncreaselDecrease) from this Change Order: Net (Increase/Decrease) from this Change Order: $ 91.369.98 None (days) S 6308.052.18 Contract Times wi all Approved Change Orders: Substantial Completion: Ready for Final Payment: Contract Price w/ all Approved Change Orders: APPROVED: By: By: Owner (Authorized Signature) Date: 611/07 Date: 611/07 Date: 6/1 107 Form based on EJCDC No. 191 0-8-B (1990 Ed.) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America. CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Proposed Change Order must be incorporated into a subsequent Change Order ifthey affect Contract Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the administrative burden may lead to unnecessary disputes. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, they will be handled as notes and discussions at the regular progress meetings and as directed in the field. B. COMPLETING THE CHANGE ORDER FORM The City's designated representative will initiate the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has received the completed and signed form from the Contractor for approval, all copies will be sent to Owner for approvaL Distribution of executed copies after approval shall be done by Owner. If a change only applies to Contract Price or to Contract Times, cross out the part ofthe tabulation that does not apply. .1 ;-, '::I hl ,c:, ~ l.;1lJr.. Ti (~, 'J Change Proposal Request CPR i Project Information I project# BB 001-2413/CJD i Title WILSON PARK I Address 311 N.W. 12TH AVENUE I City, State, Zip BOYNTON BEACHFL33435 Change Proposal Request CPR# Issue Date Subject 010 May 02, 2007 Changes to Pool Building ROBERT BINFORD WEST CONSTRUCTION, INC. 318 SOUTH DIXIE HWY. SUITE 4 & 5 LAKE WORTHFL33460 588-2027 1-561-582-9419 Owner Contact Company Address City, State, Zip Phone Fax Prime Contract Company Contact ! Company i Address i City, State, Zip I I Phone Fax CAROL DOPPLER CITY OF BOYNTON BEACH P. O. BOX 310 BOYNTON BEACHFL33425-0310 (561) 742-6000 Description of the proposed change: Changes requested by Kimley-Hom - see attachments as listed below: 1.) List of changes/modifications requested by Kimley-Hom. 2.) Line item estimate summary provided by West Construction. 3.) Supporting subcontractor estimates used by West Construction in compilation of estimate summary: a.) Brookley Wallcovering, Inc-estimate #712 for painting b.) Brian"s Carpet & Commercial Flooring- estimate # 6884 c.) Green Plumbing and Heating- Estimate #882 d.) Cherokee Glass & Mirror- Estimate dated 4/25/07 e.) Schmidt Electric- Proposal dated 3/7/07 Net Amount of this Proposed Change: The Contract Time due to this Change Proposal Request has increased by 15 IN orking Days $91.369.98 This document, when fully executed as accepted, shall constitute authorization to proceed with the work described herein. Submitted By Response: D Accept D Do Not Accept WEST CONSTRUCTION. INC. Company CITY OF BOYNTON BEACH Company By Date By . Date Company Financial and Schedule Impact Details . . .. PC0#4- Pool Buildin West OH&P Bondin Fees . .- $78,094.00 $11,714.10 i LS $1,561.88 $1,561.88 i CPR Financial Impact = $91,369.98 5/2/07 CC: CPR File Field Copy Job File Page 1 of1 yea =if:: 1- A+J-a d\.xflef)L CHANGES TO POOL BUll,DING: 2/7/07 1, 4$e- extmor te ee ~ from Ilsftfi Plank sKting tv :;tu...~. 2. Contractor will remove all unnecessary piping on exterior building prior to installing GlA5oG- the finish. J. Brick on front of building will be removed. ~ 4. Two (2) storage room windowS" will be removed and blocked up. 5. Rear window facing pool wiD be repl8cedwitb an impact glass, vista-view design, 6. Metal screening over window on rear will be removed...., 7. The exterior will be completely sandblasted and re-painted, after stucco, with three (3) coats of Owner's color, to be determined. 8. All exterior doors will be re-painted with Owner's color of choice. 9. All bathroom toilets will be replaced with American Standard, Cadet Ill, Bone Finish, Elongated. 10. The urinals in the men's room will be re-built, as necessary. 11. All showers will be replaced with Moen #82681, S"mgle-Lever FIxtures. 12. All sinks will be Moen #84200, Chrome FIxtures. 13. Plumber will be responsible for new supply lines, gaskets, seals and hardware, as necessary to complete fixture updates. 14, The electrician will provide battery-operated emergency lighting in both bathrooms and electric "exit signs" on both front and rear exits of bath areas. 15. Battery-operated smoke detectors will be installed in both bathrooms, hallway, office and pump room. 16. The office, bathroom, pump room, and urn-sex bathrooms, will have proper signage. 17. In the men's bathroom, where there's a 4" curb " a wall will be constructed of concrete block and tiled. 18. AD tile will be replaced in the men's and women's bathrooms with a Florida Tile, Botanical, 6x6, #22304W, Bamboo. All trim and flooring to match. 19, Electrician will install three (3) conduits for future camera locations on the northeast, southeast, and northwest comer of the building, These conduits will run into the closet in the office, as designated by Project Manager. 20. The electrician will also run a 4-plex, 20 amp circuit, for electricity in said closet. 21. The interior will be sandblasted, completely re-painted and cleaned, and three (3) coats of enamel base paint installed, per O\vner's color sel~'iion. In summary, this list can be incorporated as Exhibit "A" to a P.C.O. '2.2. CnY\uek- Lo()..'l<'.e.rs C ~l <:;-ti ~ ) +-0 b..e.. ~ +-c..-k..t..d. ( re.r~ri:- d . 2:? S-\uc..c.o s~~ 24, PT ~s.c;OI......!A--(VM\"V\>tN\ 'ftcts.k,~ ~ J,,~c.. ro~ ~ ~ e- ~'M.ct.. +~. 7 j . * ~\ ~e-.s: f.e-(w{\~ ~-e..~s . I . 6svt.c.e~~ c:L C-ov\.d ~ ~ Qv\.-S crl\:+Fl U Estimate Item Summary Project # BB 0Ol-2413/CJD WILSON PARK BOYNTON BEACH, FL 33435 Pool Building Upgrade Wood Fascia 300.0 L,F. $1,350.00 Bahama Shutters Credit 2.0 ($700.00) BLOCKING 1.0 $500.00 BOND 0.0 $0.00 ~----- CAULKING 1.0 $1,250,00 ceramic tile 1.0 $3,655.00 CLEAN UP 1.0 $1,200.00 .-- concrete louver replacement 2,0 $2,000.00 concrete work 1.0 $500.00 ELECTRICAL 1.0 $8,756.00 FIRE EXTINGUISHERS 1.0 $820.00 LATH AND PLASTER 1.0 $2,133,00 LIFT 1.0 $2,000.00 MASONRY 1.0 $1,050,00 PAINTING 1.0 $17,300.00 PLUMBING 1.0 $12,800.00 ROOFING 1.0 $6,500,00 ROUGH HARDWARE 1.0 $900.00 Sandblasting 7,280.0 $7,280.00 SCAFFOLDING 1.0 $3,000.00 Selective Demo 1.0 $1,900.00 SIGNAGE 1.0 $750.00 STOREFRONT GLASS AND WINDOWS 1.0 $3,150.0 Total = $78,094. 0 Wednesday, May 02, 2007 Page 1 of 1 t1AR-06-2007 02:15 AM Brookley Wallcoverings, Inc 744 Barnett Dr Suite 1 Lake Worth, FL 33461 Name I Addrel!ls West ConstructIon City of Boynton Beach Wilson Park Description REF: J'>.C.O #4 Changes to pool building 1. Original contract includes a credit of $7,908,00 for painting (3 coats as specified) of exterior of pool building Thank you for your business, Qty Total 3i~/2007 R.ate 17,300.00 S75.00 Estimate Oat!'! Estimate # -,~ .. ~ .::. Project Tota~ I I I ~~ ~-- 875.00 " \ I ) ~3/25!2287 :5:~S 5l:.124;:"j5D2 BRLr\N'S CARPET & COMMERCIAL FLOORING,mc. 5401 N. HA VERHILL ROAD, SUITE 113 WEST PALM BEACH, FL. 33407 PH: (561) 242-9500 FAX: (561) 242-9502 Name I Address \-VEST CONSTRUCTION INC 318 S. DIXIE HWY, surm 4-5 LAKE WOR1B. FT.. ]]460 BF: I ArJ'::; CARF'ET 315/2007 PAGE D2./02 Estimate Date Estimate # 6884 Project 07 Pool Building Item Description Oty Rate Total JOB NAME Pool Building CHANGE ORDER CFT-2 CERAMIC: To furnish and install Florida Tile 6 x 6 16.279.00 16,279.00 Bot~MicRl ~erics tile. color # 22304W Bamboo. iN ~l straight line mnllner with a chemical resistant grout in the following areas to include demolltion of ~xisting tile: Men'g I3llthroom Showers and walls, Women's bntl1room Showers and walls. llnd Unisex Bnthroom . 942sf DEDUCT Prom existing quote 11~ Crossville Cross-Ct~lorg 11001' and "14.624,00 -14,624 00 wr:lllln the pool building NOTE Change in lile pricing is on the ba.~is that tik for tl1e noo!';': is NOT boing utilized. Square footttge numberR arc getlllll tleld measlltcment~. f'l'icing includes Demo of existing wall tile on a mud bed. PLEASE NOTE THAT \VOMgN'~ SHOWER STALL PARTITIONS ARB MADE OF WOOD AND MAY HAVE WATER DAMAGE AND NEED TO BE REPLACED POl.LOWING DEMQIJTlOK NOTE /I 2 Brian's CllrpCt & Commcrcinl Flooring, 10e, is certi11c:d as R Small ausincss .I?_nterprise (M/WEE) hy Palm Beach County and the City of West Plllrl1l3each. FL NOTEfll Brian's Clltpet rind Commerllilll Flooring, ]ne. complies with All insurance requircmel1tS, including the revised WOl'kml\t1's Camp law requirements CHANGE ORD~R II 1 Subtotal $1.655,00 Sates Tax (6.5%) $0.00 Total /~ --... $1,6S~.QO I " 1~1r=-:... ~~C1!J7 C::::: ~~1:~ ?'"7':: ::: f~~17 :::::: 513 '~F;::E: J ~U_:i'1Ellil.; F-'-"':E" ,-, ~ Green Plumbing, Heating & Mechanical, Inc. 3981 SW Bamberg Street Port St Lucie, FL 34953 #CFC1426241 Tel: (772) 807~8858 Fax (772) 807 -8859 Proposal Oate Estimate # 3/4/2007 J 882 Name! Address ~ Ship To PC04 Wilson Park Pool 8uildlng Plumbing RepaIrs West Construction, tnc. 31B S Dixie Hwy, SlJite 4--5 Lake Worth FL 33480-4441 -.--J I Project I r- I I j Deacr1ption Qty Rete Total We hereby accept this proposal and incorporate it into our 000 Contract Documents. All payments shall be made as outlined abol/e. We authorize your firm to proceed with the work describl!d above. I Sign: I I Print: I j Date: 20 - I I I ! ! I "Reputation is our greatest asset" Subtotal $12,800.00 S~les Tax (0.0%) $0.00 Phone # Fax # Total $l2.800.00 I 77NI07-lJ858 772-807-8859 Page 2 83",I05/2C07 C.?:~8 77::: ':: CI7:: :: 5 '3 Green Plumbing, Heating & Mechanical, Inc. 3981 SW Bamberg Street Port St Lucie, FL 34953 #CFC1426241 Tel: (772) 807-8858 Fax (772) 807-.8859 Name / Address West Construction. Inc. 318 S DlxiB Hwy, Suite 4-5 Lake Worth FL 33460-4441 Description Item #9: Toilet Replacement complete with seat, valve, supply line & seal. Item 11I'0: Urinal Flush Valve replacement. ROor outlet strainer is discontinued and will not be replaced. Item #11: Shower Valve replacement It8m #12: Lavatory faucat, drain, valves & trap replacement All labor and materilil is guaranteed for 1 (one) year from final plumbing sign-off date. All work shall be completed in a workmanlike manner aCCOrding to atandard trade practices. Any deviation or alteration from plans and specification. 8ubmitted or not listed above aholl be performed only after receipt of approved written change order and shall reflect an addition to contract amount and extension of time to contract project schedule, All agreements 9halt be contingent upon labor actions, accidents andlor delays beyond our oontrol. Clienl named above agrees 10 pay 1-1/2% per month/18% APR interest, all legal, and/or collection fees necessary which may result from any unpaid balance. Cost to correct conditions existing or arising from the nature of the above mentioned scope of work shall be bome by client and is excluded from this proposal. "Reputati<m IS our greatest asset "- Phone # Fax'" 772-807.8858 772-807-8859 Page 1 r3PEEI'J F'L:JMBHJG PAGE 1]2 Proposal Date Estimate # 3/4/2007 882 Ship To PC04 Wilson Pari<; Pool Building Plumbing Repall'$ Project QIy Rate Totall 7 540.00 3.780,00 4 330.00 1,320.00 9 t;OO.()O 5,400.00 5 460_00 2,300.00 0.00 Subtotal o.oOT Sales Tax (0.0%) Total J41~5!2007 08:29 5f:;15:::I:,4DO'3 :f-,E;:::'iJf<EE '-'LA::;'::: := ~.~I-=:t~ Cherokee Glass & Mirror 220() 4th Avenue N. ~ Suite 1- Lake Worth, FL 33461 Phone: 561-586-7060 Fax: 561-586-4009 FAX COVER PAGE DATE: April 25, 2007 TO: West Construction FAX #: 582-9419 ATTENTION: Bob Binford NUMBER OF PAGES 1 INCLUDING COVER PAGE RE: Wilson Pa.rk FROM: Dean Latta COMMENTS: The net ADD to our existing contract to furnish and install on.e (1) XOX I1npact Casement Window at the Pool House of the above referenced project is . . . $3,150.00, complete. Price excludes wood bucks at window perimeter. rice excludes protection and cleaning of glass and frames. Yours truly, e8~'& MARCH 7, 2007 PROPOSAL SCHMIDT ELECTRIC, INC. 1949 10TH AVE. NORTH LAKE WORTH, FL. 33403 (561) 588-6881 CUSTOMER: WEST CONSTRUCTION ATTN: DON WEST JOB: WILSON PARK PCO#4 PHONE : WE HEREBY SUBMIT SPECIFICATION AND ESTIMATES FOR: PROVIDE LABOR AND MATERIALS TO INSTALL ELECTRIC AS PER PCO #4 INCLUDED: 4 - EMERGENCY LIGHTS, 4 - EXIT LIGHTS, 6 - SMOKE DETECTOR, 1 _ 4 PLEX REC. , 3 - EMPTY ';2 PVC CONDo FOR FUTURE CAM. NOT INCLUDED: PERMIT FEE, FPL FEE, CONCRETE/ASPHAUL T, CUTTING/PA TCHING, SURVEY, WORK NOT INCLUDED: ROOF PENETRATIONS, CONCRETE CUTTING AND PATCHING, TRASH REMOVAL, WORI( OTHER THAN NORMAL TIMES. WE HEREBY PROPOSE TO FURNIS~"16) LABOR IN ACCORDANCE WITH ABOVE SPECIFICATIONS FOR THE SUM $ 8,756.00 DRA W SCHEDULE: TO BE DETERMINED UPON ACCEPTANCE OF PROPOSAL. ALL MATERIALS ARE TO BE SPECIFIED, ALL WORK TO BE COMPLETED IN A WORK- MANLIKE MANNER ACCORDING TO STANDARD PRACTICES. ANY AL TERA TIONS OR DEVIATIONS FROM THE ABOVE SPECS. INVOLVING EXTRA COSTS WILL BE EXECUTED ONL Y UPON WRITTEN ORDERS, AND WILL BECOME AN EXTRA CHARGE OVER AND ABOVE THE ESTIMA TE. ALL AGREEMENTS CONTINGENT UPON STRIKES, ACCIDENTS OR DELA YS BEYOND OUR CONTROL. PRICE GOOD FOR: 30 DAYS SIGNATURE: ACCEPTANCE OF PROPOSAL: THE ABOVE PRICES, SPECS, AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED, PAYMENT WILL BE AS OUTLINED. DATE: SIGNATURE: . _'L.L.... .....:0..... '-___.1.'-.L..< L .1.J. L...-,..J L. ~"\..l~U ..,,\.. - .!-'t ,,/"._~ L:,I~ i I Rodolfo Ladicani II <lectron8@gmaiI.Gorn~ WILSON PARK - FIXTURE TYPES E AND X 1 message Edward Hreschak <edward.hreschak@gbe.com> To: lectron8@gmail.com Mon, Mar 5, 2007 at 2:09 PM RUDY, PER OUR PHONE CONVERSATION-ADDITIONAL FIXTURES: TYPE E - 139.00E TYPE X - 250.00E EM AND EXIT FIXTURES AS SPECIFIED THANKS, ED http://mail.google.com/mail/?ik=d422a64c43&view=pt&th=1112381 b6e283dOd&search=cat&cat=Wi1so... 3/7/2007 WORK ORDER I JOB INFORMATION Date: ti712007 Job Name: Wilson Park PCO#4 Job Location: Name: Company: Address: City, State, Zip: Telephones: Fax: E-Mail: Don West West Construction Inc 318 S. Dixie Hwy Suo 4 & 5 Lake Worth FL 3346-4452 Phone 1: 588-2027 Phone 2: None 582-9419 Notes: Provide Labor and materials to install electric as per PCO#4 Included: 4-Emergency Lights, 4-Exit Lights, 6-smoke det, 1-4plex rec, 3-empty 1/2"PVC cond for future carn. Not included: Permit fee, FPL fee. Concrete/asphalt cutting/patching, survey Price:$8756.00 Phase 1 Unnamed SELECTED JOB PHASES JOB PHASE: Phase 1 REMOVE ALL UNNECESSARY PIPING FROM EXTERIOR 1234 3/4"EMT Conduit 130 1237 3/4"EMTCompression Conn 10 1238 3/4"EMT Compression Coup 13 $0.00 $0.00 $0.00 $0.48 $0.03 $0.05 0.060 0.150 0.090 ~,)'::.1 ~/4une Hole ~trap;:)tl, IW 20 $0.00 ',:Bel 1 D6C 77 FSL.FSR or FSS Box,1 Gang,Two 3/4"Hub is $010 SO ,3:.? GDO 3530 4X4X24 Wireway 1 $0.12 SO', :;: ~~::)5C 2328 125A 1 P MLO, Nema3R,8/16 1 $022 SD =2 .- , 2400 200amp Bypass Meter 1 SI 10 ~., ~ (', .:1 =:,OC: 2665 2"Rigid Conduit 2 $005 $0 -: '". '50 2731 2"Locknuts,Stl or Mali 2 SOCl SO J' '1 'In ,_ I -,-\J 2875 2"lnsulated Metal Bushing 2 $003 ("'...-." ,,-7'" 465 ,:,u '."" 2951 2"Two Hole Strap,Stl 2 $0.00 $0.:=)1 1':0 1248 1 "EMT Conduit 30 $001 S02!:: ,j,. 'J 1251 1 "EMT Compression Conn 2 $0.01 $001 150 1252 1 "EMT Compression Coup 3 $0.01 $0 02 :' CJ9C 1253 1 "One Hole Strap,Stl,TW ,1 SO 00 $001 ,"--:::'k '""t Est. Section Totals $3T 4-EXIT LIGHTS 2460 1/2"PVC SchAD Conduit 40 $0.28 $11 00 045 2465 1/2"PVC Male Adapter 8 $0.13 $1 06 J 195 2463 1/2"PVC SchAD Coupling 20 $0.10 $1 98 0090 2467 1/2"PVC Two Hole Strap 8 $0.08 SO 62 0075 2466 1/2"PVC LB 4 $1A5 $581 J285 2462 1/2"PVC 90 degree, SchAO 8 $033 $264 150 435 #12 THHN Copper Wire,Str 96 $0.15 $1478 C 008 435 #12 THHN Copper Wire,Str,Grnd Cond 48 $0.15 $739 0008 1466 Exit Light, 120V, Universal Mount 4 $250.00 $1 000 OC 0900 2469 1/2"PVC FSC-2Gang 8 SA.65 :):) 7 :== C 450 516 Red Wire r\Juts 24 $0.07 $1 5.3 045 2293 3/16" X 1-3/4"Tap Cons 80 $0.20 $15 84 n~h ,-,' v Est. Section Totals $1,099 92 4-EMERGENCY LIGHTS 2460 1/2"PVC SchAD Conduit 40 $0.28 $11 CO 0.045 2465 1/2"PVC Male Adapter 8 $0 13 $1 06 o 195 2463 1/2"PVC SchAO Coupling 28 SO 10 C;::'J 7i 0090 "-'.L......' i 2467 1/2"PVC Two Hole Strap 8 $008 SO 62 C 075 2466 1/2"PVC LS 4 $1.45 $581 :] 285 2462 1/2"PVC 90 degree,SchAO 12 $033 S396 (] 150 435 #12 THHN Copper Wire,Str 96 ern o1r:: S1478 U08 '-VV. Iv 435 #12 THHN Copper Wire,Str,Grnd Cond 48 $015 S739 0:]08 2469 1/2"PVC FSC-2Gang 8 S465 $3i 22 450 516 Red Wire ~~uts 24 $007 (};1 58 C 045 1471 Emergency Light, Battery & 2 Heads 4 $139 00 8556 OD 1 500 2293 3/16" X 1-3/4"Tap Cons 80 SO.20 $1:=, e.::: :),()75 Est Section Totals $658 04 6-SMOKE DETECTORS 2460 1 /2"PVC SchAO Conduit 180 $028 $49 50 J 045 2465 1/2"PVC Male Adapter 12 $0.13 ~, 5P J 195 w 2463 1/2"PVC Seh.40 Coupling 54 $0.10 $535 0090 2467 1/2"PVC Two Hole Strap 36 $008 $277 J 075 2466 1/2"PVC LB 6 $1.45 8871 0285 2462 1/2"PVC 90 degree, SchAO 18 $033 8594 o 150 435 #12 THHN Copper Wire, Str 384 $0.15 q::::.o ..., 11 0008 ....vv0 j '-t 435 #12 THHN Copper Wire, Str, Grnd Cond 192 $015 $29 57 0008 2468 1/2"PVC FSC-1 Gang 6 $4.13 $24 75 0375 1425 Smoke Alarm,Firex 6 $15AO S92 40 0375 Est Section Totals $'l"7(, "7" L!,j . ! 3-FUTURE CAMERA CONDUITS 2472 3/4"PVC Sch. 40 Conduit 210 $031 S6:':, 10 <] 045 2477?JL1"~VC r'v1a19 Adapte~ 6 $019 $114 0195 2475 2/4"PVC SchAO Coupling 39 $0.10 $3.90 0090 2467 1/2"PVC hvc Hole Strap 42 $0.07 $2.94 0075 2478 3/4"PVC LB 3 $1.72 $5.16 0285 2474 3/4"PVC 90 degree,SchAO 9 $036 $3.24 0.150 434 #14 THHN Copper Wire, Str, Grnd Cond 216 $009 $1 9 A4 0006 2468 1/2"PVC FSC-1 Gang 3 $3.75 $11.25 0.375 676 1 Gang Blank Plate, Plastic 3 $1.00 $300 0.045 Est. Section Totals: $11517 4PLEX REC IN DATA COfv1M ROOM 303 15A-60A SP-SQ-D CB 1 $983 $9.83 OA65 2460 1 /2"PVC SchAO Conduit 20 $0.28 $550 0045 2465 1/2"PVC Male Adapter 2 $0.13 $0.26 0195 2463 1 /2"PVC SchAO Coupling 8 $0.10 $079 0090 2467 1/2"PVC Two Hole Strap 4 $0.08 $0.31 0.075 2466 1/2"PVC LB 1 $1.45 $1 A5 0.285 2462 1/2"PVC 90 degree,SchAO 3 $033 $0.99 0.150 435 #12 THHN Copper Wire,Str 44 $0.15 $6.78 0.008 435 #12 THHN Copper Wire,Str,Grnd Cond 22 $0.15 $3.39 0.008 2469 1/2"PVC FSC-2Gang 1 $4.65 $4.65 0.450 765 20A Duplex Recpt,Spec Grade 5-20R 2 $7.67 $15.33 0225 662 2 Gang Receptacle Plate, Plastic 1 $1.96 $1.96 0.045 516 Red Wire Nuts 6 $0.07 $OAO 0045 Est. Section Totals: $5165 Job Phase Totals: $2,207.55 JOB PHASE: Unnamed DIRECT COSTS Misc. fastners/glue/tape/lube/ 1 $850.00 $850.00 Est. Section Totals: $850 00 Job Phase Totals: $850.00 ttt, VI.-CONSENT AGENDA ITEM J. 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 Meeting Dates in to City Clerk's Office D April 17, 2007 April 2, 2007 (Noon.) ~ June 19,2007 June 4, 2007 (Noon) D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Authorize the use of$2,250.00 to the DeVos-Blum YMCA Boynton Beach Partners in Youth Program from Commissioner Weiland's Community Investment Funds. EXPLANATION: Commission approval is requested for allocation of$2,250,OO to the DeVos-Blum YMCA Boynton Beach to assist disadvantaged families and children to participate in Y programs. PROGRAM IMPACT: Allocation offunds will assist the above program, FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $15,000 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature . ~~~C.II.FI07 Manager's Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: June 15,2007 Requested by Mayor/Commissioner: Commissioner Weiland Amount Requested: $2,250.00 RecipientlPayee: DeVos-Blum YMCA Description of project, program, or activity to be funded: 2007 Partners in Youth Program Dated: "Is/or? By: ~r- t-J~ 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 $15,000. $10,500 has been used to date by the requesting Member, leaving a balance of available funds of $4,500. This request would bring the available amount down to $2,250. Accordingly: o There are funds available as requested o There are insufficient funds available as Dated: f;/;5~} I { I By: Part 111- Eligibility Evaluation (to be completed by City Manager) o The proposed expenditure of funds will not result in improvement to private property; o The recipient/payee provides services within the City of Boynton Beach; o 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 o Proper safeguards will be implemented to a ure t t the public funds being appropriated will be used for the stated pose. Dated: bl ! t/tJ7 By: S:\City MgMdministration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc May 4, 2007 TO, "R on W,.,.-i hrul 3G.7- 3b3r FROM: Mike Ferguson RE: OevosIBlum YMCA (Bovnton Beach) The Y Partners with Youth Program provides the equivalent of more than $250,000 annually in aid to disadvantaged families and their children which enables them to participate in Y oroerams and events at either no char2e. or reduced chan!e. deoendine on circumstance. I heartily endorse tbis effort and hope you will, too. Let me also weicl1 in on three Citv business issues: 1. The Annual City Budget has 71 % of its total cost in personnel. This means reduction by attrition could make the city payroll go down to less than 900 and this would be a lZood start. 2. The special Fire Assessment is about finished and should not be extended past its seven year life, to keep faith. with. the citizens. Coming up $10 million short on a $17.5 million total oollection is oiss DOorolannine.. You will need a bond issue. anvwav. to complete the High Ridge Road police.! communications, fire complex. 3. To create affordable housi..ne vou need either a Land Trust (where the Citvowns the land) or securitize the land over a period of time. As an example, the Larry Finldestein property, with a price tag of $7 million could be given to a developer in return for 35 Years of oavments. included in the rent or fee sirrmle ownershin. With 100 units on the property this works out to a payment for the land of$2000 per year per tmit and this creates affordabilitv. Hope these suggestions help, Ron. Hope '"they" get off your 8SS- Mi!cl. l'd f:9L~ZCL-l99 e"'1lw6t8 e9():60 LO va ..<ew r VI.-CONSENT AGENDA ITEM K. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) rgJ June 19,2007 June 4, 2007 (Noon) 0 May 1,2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July ]7,2007 July 2,2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 Ju]y 16,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM rgJ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Authorize the use of$2,250.00 to the Easter Seal Camp Challenge from Commissioner Weiland's Community Investment Funds. EXPLANATION: Commission approval is requested for allocation of$2,250.00 to the Easter Seal Camp Challenge to assist children and adults with cognitive or physical disabilities to attend camp. PROGRAM IMP ACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $15,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. Department Head's Signature ~ City Manager's Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: June 15,2007 Requested by Mayor/Commissioner: Commissioner Weiland Amount Requested: $2,250.00 RecipientlPayee: Easter Seals Description of project, program, or activity to be funded: Dated: ~.t 'j'1r.y; By: ~ {0U 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 $15,000. $12,750 has been used to date by the requesting Member, leaving a balance of available funds of $2,250. This request would bring the available amount down to $0. Accordingly: j( There are funds available as requested o There are insufficient funds available as Dated: h/,g /01 I I By: Part 111- Eligibility Evaluation (to be completed by City Manager) b -\ ~ - 0' ef' The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee provides services within the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents ofthe City; and cv1>roper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. By:-i~ City Manager Dated: S:\City MgMdministration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc /~s Florida: Camp Challenge ~ Home I Site Map I Printer Friendly Version I . . Conta ct Us Florida Services Giving Who We Are Legislative Action Job Opportunities Resources Partners & Friends Events Volunteering Locations un,.. .AI.A "~ WCAG to Easter Seals provides exceptional services to ensure that aU people with disabilities or special needs and their families have equal opportunfties to live. leam. work and play In tiler CDmmunities. Locations CAMP CHALLENGE .....~ Page I of j login I Searct site Enter k .= -.~-- .. Find E. Se""1" .. -- - Enter YOI code.anc G(b~ _ lent:er z; p Go Advanced Subscri' Easter ~ Monthly Newslet Your Emai- Zip code Why Subs S~Orf Seats Donate See the your su~ HEALT. PERSOIVAL M()^ Ha:P j TOUCH OF AE Swimming, nature, singing and crafts...there is nothing we cannot accomplish together! VIEW VIDEO Easter Seals Camp Challenge is a place where dreams come true. Founded in 1961, Camp Challenge is Florida's only Easter Seals Camp and is designed especially for children and adults with cognitive or physical disabilities. The camp is more than a fond memory for happy campers; it is also an integral part of their pursuit of independence. The facility provides year-round respite care and summer camp programs. Situated on 63 wooded acres the camp has nine air- oonditionedlheated cottages and two dormitories complete with large roll-in shower facilities, large wheelchair accessible SWimming pool, dining hall, arts and crafts center, small farm, archery and rifle range, universal high and low ropes course, a one-half ~70 omcri~G~) 71 ~ ~rkh;ng ~, building fomon'OWS http://fl.easterseaJs.comlsitelPageServer?pagename=FLDR_CampCballenge 6/141200 /~s Florida: Camp Challe~ge .t'^age L. 01 -' / mile paved nature trail and a nature program. Support facilities include a 24-hour staffed health and wellness center. administrative building, and meeting rooms. Camp Challenge has a fully equipped kitchen and trained staff. Meals are served in the dining hall. Each meal is prepared for our camper's special needs. As a special treat on the last day, Camp Challenge has an elegant closing banquet. Campers don their best and are treated to an evening of music, a special dinner and the company of friends they have met at camp. Visit our other pages for more information and applications: Camp Challenge 31600 Camp Challenge Road http://fl.eastersea1s.comlsitelPageServer?pagename=FLDR_CampChallenge 6/14/20( fri~ g 0 I 0 N V) gu rr) 0_ ~"rr)~ s- 1t')..J s- Oxj.L:O 4-0 P4- - (Xl.c V) (l) . ~ (l) (l)Q<1>(l) .c p: (Xl .c 3 E 3 @J ~:3 e. ~ 3 c :3 3 E ~ o 0 C U C o . 0 +' U 0 ., f!2 C .- ,.., "--~ ..c t3:::l -g Be ~ i-' 0 0. ,.., ~ ~ E C o . 00 g ou-g ~ CCltl .!!!l'- @J ~ "''''0.0 CIl U 4- ~ 0.- C .9 u.c.__ :c g - :2 g. 60 ~ ltl ..... "U 0'\ 0. \.:J C ~ 00 It? ~ .~ ~ C .... 'i: ~ P- \ ~ .....s-.", ~ 0 ! . ": . -f.J ~,.j ~ ~ =' tI) _. ~ -0 - C ~ . \ 0- 0. Q) \ \ ' 0 ~ 0 ~ Q) . \ -^"_. e. -- ... 't '. .. _ , ....... . tI) .c -f.J \\ .... ~ I F", N =' ~ 3 0 ~ - '\ \I,_.~j/\ Q) 0. 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"C ca c: o 0 Ol ca I- _ >-.c www.sunbiz.org - Department of State Page 1 of2 Home Contact Us E-Filing Services Document Searches Forms Help ~r_e_vio_us _ oll_Lls.t Eyents Next_on.Lis.t No Name History Return_Lo_Llst Entity Name Seare Detail by Entity Name Florida Non Profit Corporation WHEELS FOR KIDS, INC. Filing Information Document Number N03000001243 FEI Number 200227249 Date Flied 02107/2003 State FL Status ACTIVE Effective Date NONE Last Event REINSTATEMENT Event Date Flied 09/26/2006 Event Effective Date NONE Principal Address 2701 SW 6TH ST. BOYNTON BEACH FL 33435 Mailing Address P.O. BOX 57 BOYNTON BEACH FL 33402-0057 Registered Agent Name & Address GORDON, ERIC A ESQ. 222 LAKEVIEW AVE, 4TH FLOOR SUITE 400 WEST PALM BEACH FL 33401 US Address Changed: 09/26/2006 Officer/Director Detail Name & Address Title PO JUNGBERT, DENISE 2701 SW 6TH ST. BOYNTON BEACH FL 33435 http;//www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in<Ldoc _ numbeFN0300000 12... 6/15/2007 -- - ----- www.sunbiz.org - Department of State Page 2 of2 Title SD BRIGHT, HANNAH 11635-B FICUS ST PALM BEACH GARDENS FL 33410 Title TD WOOD, MARC 403 BUTTONWOOD CT BOCA RATON FL 33431 Title D KINDRED, JOHN 243 KENL YN RD PALM BEACH FL 33480 Title 0 LEHR, SHERRY 350 COCOANUT ROW PALM BEACH FL 33480 Annual Reports Report Year Filed Date 2005 09/26/2006 2006 09/26/2006 2007 04/09/2007 Document Images 04/09/2~0j)7 - 6NNUAL REPOBI 09/2QL2QOJt=-_HEINST A TEM~NT 02L11L2Q04 -- Amendment Q2'-07/2003 -- QpJJlesJi.c Non-Profit I Note: This is not official record. See documents if question or conflict.l Home Contact us Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in<Ldoc _ number=N0300000 12... 6/15/2007 VIII.-PUBlIC HEARIN( ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office 0 April 17,2007 April 2. 2007 (Noon.) ~ 0 May 1, 2007 April 16, 2007 (Noon) 0 0 May 15,2007 April 30. 2007 (Noon) 0 [-' June 5, 2007 May 14,2007 (Noon) 0 Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office June 19,2007 June 4, 2007 (Noon) July 3, 2007 June 18. 2007 (Noon) July 17. 2007 o -..l July 2. 2007 (Noon) :.r: ;;::;0 -< July 16,2007 (Noon) \ I \.D August 7. 2007 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business [gI Public Hearing 0 RECOMMENDA nON: Please place this request on the Jun~1f, 2007 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board on May 8, 2007, recommended that the request be approved, For further details pertaining to this request, see attached Department Memorandum No. 07-031. EXPLANA TION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Harbor Cay (SPTE 07-006) Sid E., von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway; approximately 160 feet north of Gateway Boulevard Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. PROGRAM IMPACT: N/ A FISCAL IMP ACT: N/ A ALTERNATIVES: N/A tLc:)~ ~ Development e rtment Irector City Manager's Signature Assistant to City Manager CJ^.AJ ,>i~(J ~~_ Planning and nIng Director City Attorney / Fmance S:\Planning\SHARED\WP\PROJECTSlHarbor Cay\SPTE 07-006\Agenda Item Request Harbor Cay SPTE 07-006 6-5-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC :D" ::z= n () --I ~=-I-< '-<:0 i:J -., ;-- ~""O ';Tl.::::> ~-< "'>"'"~ , ~--i '-' C) i:::JZ -"co ::!rr\ OJ;> rr\0 - ~ C5 .. CJ1 CO IU'I 8 ,,' N - AmerCC1n Development Corp. ----.- - o Groupo Tango Company June 6, 2007 The City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425 Senders' direct dial :\61-4~4-1 q I q Via Hand delivery RE: Reschedule of Public Hearing for Harbor CaYI LLC Dear Sir: We have been informed by Mr. Michael Rumpf, Director of Planning and Zoning, that the June 5th City Council Meeting has been rescheduling to June 19, 2007 for the extension of Harbor Cay's Development Order due to a lack of quorum. Unfortunately, the undersigned has Surgery that day with an anticipated 3 weeks of recovery and will therefore unable to participate. The undersigned is the Managing Partner for the Harbor Cay Project. Now therefore, the undersigned ask that the Hearing in front of City Counsel be set for July 17, 2007 Respectfully, /~~;:/ Sid E. von Rospeunt President AmerCan Development, Corp. Managing Member for Harbor Cay, LLC 600 LGlkeside HGlT'boT', Suite 100, B04nton BeGlch, -I=loT'idGl 33435 MGlin: 561.734-3000 -!=Glx: 561-734-3005 OT' 434-1969 W\\'\N .groupotango .com TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-031 Chair and Members Community Redevelopment Agency Board -~. Michael Rumpf \.i . Director of Planning and Zoning Kathleen Zeitler ~ Planner May 1, 2007 Harbor Cay (SPTE 07-006) Site Plan Time Extension Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: PROJECT DESCRIPTION Harbor Cay, LLC Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard (see Location Map - Exhibit "A") Special High Density Residential (SHDR) Infill Planned Unit Development (IPUD) No change proposed No change proposed Townhouses 1.429 acre To the north is developed multi-family residential property (Inlet Harbor Club), classified Recreational (R) and High Density Residential (HDR) land use and zoned Recreation (REC) and Multi-family Residential (R-3); To the south is developed commercial property (Gateway Shell), classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); to the southeast is developed single-family residential, classified Low Density Residential (LDR) and zoned Single-family Residential (R-l-AA); To the east is developed single-family residential, classified Low Density Residential Page 2 Harbor Cay SPTE 07-006 (LDR) and zoned Single-family Residential (R-l-AA); and West: Right-of-way for Federal Highway, then farther west is right-of-way for the Florida East Coast (FEe) railroad. BACKGROUND Mr. Sid E. von Rospeunt, managing member of Harbor Cay, LLC is requesting a one (i)-year site plan time extension for the Harbor Cay New Site Plan Development Order (NWSP 06-011), which was approved by the City Commission on May 2, 2006. The site plan approval is valid for one (1) year from the date of approval. If this request for a one (i)-year time extension were approved, the expiration date of this site plan, including concurrency certification, would be extended to May 2, 2008. The subject property consists of 1.429 acre zoned Infill Planned Unit Development (IPUD), located within Planning Area I of the Federal Highway Corridor Community Redevelopment Plan. According to the staff report for the approved site plan (NWSP 06-011), the proposed Harbor Cay is a redevelopment project approved for a total of 23 fee-simple town homes, recreation amenities, and related site improvements. The 23 dwelling units (at a density of 16.09 dwelling units per acre) are proposed as two (2)-bedroom units, each with a bonus room that could be used as a third bedroom. The 23 units are planned within six (6) separate buildings on the 1.429-acre site. Each three (3)-story building would contain four (4) dwelling units, with the exception of one building that proposes three (3) units. The approved site plan (see Exhibit "B") proposes three (3) model types, ranging from 2,534 square feet to 2,599 square feet of total air-conditioned area. According to the staff report, the proposed townhouse buildings would have hints of Spanish- Mediterranean accents in the contemporary I modern design. Building accents would include cupolas, Spanish S-tile roofs, decorative banding, stone veneer, awnings, and decorative garage doors. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. City regulations authorize the Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on March 12, 2007, approximately seven (7) weeks prior to the expiration date of the site plan. According to the justification submitted for the requested time extension (see Exhibit "C"), the applicant details the "good faith" efforts in moving forward with the project, explaining that the project has been delayed due to the following: (1) required reconfiguration of underground utilities and subsequent civil engineering plan revisions which required re-submittal for further review and approval; (2) delay in platting due to required civil plan revisions; and (3) construction plan revisions necessary to address conditions of site plan approval. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. On March 29, 2006 the Palm Beach County Traffic Division approved the traffic study for this project and included a restriction that no building permits are to be issued for the project after the build-out year of 2009. Page 3 Harbor Cay SPTE 07-006 The site plan time extension is still subject to the original 85 conditions of the new site plan approval. No new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as the new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005. Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site plan approval. Lastly, the applicant has failed to pay the Capacity Reservation Fee as required in original Condition of Approval #19, which was due within seven (7) days of the original site plan approval. As such, staff recommends that the applicant pay the fee amount prior to final action by the City Commission on this extension request. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (i)-year time extension of the Harbor Cay site plan (NWSP 06-011). If this request for extension were approved, the expiration of this site plan would be extended to May 2, 2008. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Redevelopment Plan. The proposed Harbor Cay project will provide an opportunity for redevelopment in a highly visible corridor in the City, increase the value of adjacent and nearby properties, and contribute to the overall economic development of the City. If this request for site plan time extension is approved, all outstanding conditions of approval from the new site plan approval must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "D"). S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 07-006\Staff Report.doc . PUD I I Subject Site GATEWAY BLVD I I R-3 C-2 >-< ~ ~ D -. ..,... -. ~ ~ ~ ~ Gg.o D D 200 I 100 LOCATION MAP Harbor Cay >-< ~ ~ D S ~ ~ gs IE -3 R1 Potter Road REC R-3 Exhibit "A" Q) :> ;5 Q) ~. .....J -:S .... o Z / IPUD REC o 200 400 600 /1 .~(.//'I I y'" . 0 i I ! l 800 I Feet N W+E S j!i III :, >'!:~" -t -e ~~~~ .l~ ~~ ~ I g ~~~:~:~~ ~Ir- ,,,,,\~ ill t~1 - lB. ~ ",;''':;. CI ; '.',',','" ;1. :,e/II ~..~~..:~..;..'~'- Ii E .:.::~~:~ l' ~i I~%~' .~~. ~ I.r.:.~..:.'.%, . ~ :I~ ;,. ~f = i~~~ ::"',,~~\ i..'",-", "'I I -'~ I~ S' f! f! ~s :!~iS I T I S' m"ff ~S :!~]s . ~!! ~-f ~ m . .. " ~ z Sl~~ ~ ~i~~ ~ !d~ !!II : :!! ~ !I f . -~!I=!I L..-''\./IIUI I U 1- -_ \~ ~LORIOA EAST ' - - ~?..AST RAILROAO Us ' -,., . . 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' \J ~ t~~,l1h .,z'lOO7 j- Pl"NNING r..NO \ IONING DEP1 ~J March 9,2007 Board of Commissioners The City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 He: Development Order Extension Gentlemen: Please accept our request for an extension of twelve months for Boynton Beach Resolution 06-097, a Development Order for Harbor Cay Town Homes; an IPOO located within a few hundred feet North of Gateway Boulevard on Federal Highway going towards the Intracoastal Waterway. Due to various delays in obtaining approval for the underground utilities, only recently rffiUbmitted after substantial prior oonsultation along with the expectation of further oomments requiring additional reconfiguration and another round of rffiUbmission, and the sequential nature of the process whereby the plat cannot be delineated until the civil engineering is approved, and in light of the extensive Conditions of Approval that must be addressed; it is not likely that a construction permit will be secured before the Development Order expires on May 2nd of 2007. Thank you, in advance, for your time and consideration. We trust that the Board of Commissioners shall look upon our petition with kindness and generousity. SId E.von Ro unt Chief Executive Officer AmerCan Development Corp. The Managing Member for Harbor Cay, lLC Harbor Cay, LLC 605 Lakeside Harbor Drive, Boynton Beach, Florida 33435, Tel: 561-734-3000 Fax: 561-724-3005 www.harbonay.com EXHIBIT "D" Conditions of Approval Project name: Harbor Cay File number: SPTE 07-006 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comrnents: 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 Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comrnents: Conditions of Approval Harbor Cay SPTE 07-006 Page 2 \ DEPARTMENTS \ INCLUDE I REJECT I 1. The site plan time extension shall be subject to all previous Conditions of X Approval. 2. The Applicant shall pay the Capacity Reservation Fee amount due to the City X prior to final action by the City Commission on this Site Plan Extension request. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS I Cornments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: , , II To be determined. S :\Planning\SHAR EDIWP\PROJECTS\Harbor CayISPTEICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Harbor Cay APPLICANT'S AGENT: Mr. Sid E. von Rospeunt, Harbor Cay, LLC APPLICANT'S ADDRESS: 605 Lakeside Harbor Drive, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 5, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from May 2, 2007 until May 2, 2008, for 23 proposed townhouses on a 1.429-acre parcel in the IPUD zoning district. LOCATION OF PROPERTY: East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 07-006\DO.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 B. Adoption of Agenda Motion A motion was made by Ms. Heavilin to approve the agenda with the changes. Ms. Horenburger seconded the motion that passed unanimously. V. Consent Agenda A. Approval of the Minutes-CRA Board Meeting-April 1, 2007 (pulled by Ms. Horenburger) B. Approval of the Monthly Financial Report and Budget Amendment C. Sea Mist Acquisition Status (info. only) (pulled by Ms. Heavilin) D. Review of Infill Site Plans & Home (pulled by Rev. Chaney) E. Marketing and Communications Update (info. only) F. Residential Improvement Grant Program (info. only) (pulled by Ms. Heavilin) VI. Public Comments Chair Tillman opened the floor for public comments. No one having come forward, Chair Tillman closed the floor to public comments. VII. Public Hearing Old Business: None New Business: Attorney Spillias announced Items VILA. and VII.B. were quasi-judicial proceedings. He provided an explanation of the quasi-judicial procedures and requested board members disclose whether they had any ex-parte communications. None were disclosed Attorney Spillias administered the oath to all persons who would testify. A. Harbor Cay Site Plan Time Extension 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 1. Project: Agent: Harbor Cay (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side of Federal Highway; approximately 150 feet north of Gateway Boulevard Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. Owners: Location: Description: Kathleen Zeitler, City Planner, set forth the request and advised the project was approved for 23 townhouse buildings ranging from 2,534 square feet to 2,599 square. The project was delayed due to required reconfiguration of underground utilities, civil and engineering plan revisions, platting delays and construction plan revisions necessary to address the conditions of approval. Their concurrency project buildout year is 2009. The site plan time extension was still subject to the original 85 conditions of approval. Staff recommended approval to extend to May 2, 2008, with the following conditions of approval: (1) the site plan time extension would be subject to all previous conditions of approval; and (2) the applicant would pay the Capacity Reservation Fee amount due to the City prior to final action by the City Commission on the site plan time extension request. Chair Tillman opened the floor for public hearing. Sid E. von Rospeunt, Representative of AmerCan Development Corp., Managing Partner for Harbor Cay, LLC, set forth the circumstances surrounding the requested extension. He advised they had worked with City staff on the water issue for the past eight months. A six-foot wide public easement was recently discovered on their property, and would be utilized to remedy the issue. Bonnie Jones, 628 Lakeside Harbor Drive, commented the homeowners had tried to work with Mr. von Rospeunt; however, he was not willing to work with them on several issues with respect to the entry gate, community dock and Lakeside Harbor Drive. The homeowners would like for the project to move forward and upon approval of the extension, would request construction of a privacy wall and for the gate to be moved back. Mark Maher, owner of the property at 618 Lakeside Harbor Drive adjoining the developer's property on the southeast side, remarked the extension should have been applied for in advance of the expiration of the site plan time extension, and he did not believe the developer had any intention of building. He believed the project would be beneficial and would agree with the extension if the developer installed a stucco masonry wall on the site separating the single-family properties from the project; relocated the residential community gate to the east side of his property, ensuring it was in proper working order; and completed all work within the next four months. 3 Meeting Minutes Community Redevelopment Agency Boynton Beachr Florida May 8r 2007 Mr. von Rospeunt responded as follows: (1) they had no objection to the gate being removed; however, if it was removed, application would have to be made for a building permit and it would be necessary to have a turnaround lane installed in front of the gate and past their property; (2) the road currently at the site is approximately five to six feet less in width than the new road they were are putting in; (3) when the developer purchased the propertyr the gate was inoperable as it was damaged by the hurricane; (4) they improved the site by ridding the property of rats and undesirable apartment dwellings; and (5) the site plan provided for a masonry wall to separate the residences from the project. Mr. Sims requested clarification as to the issue of the wall and inquired as to when the wall would be constructed. Mr. von Rospeunt advised they could not build a wall unless they had the approval of their utilities and a development order. No one would issue any permits to them for a perimeter wall in order to protect the residents at Harbor CaYr as well as to the south, north and east of the community. No one else having come forward, Chair Tillman closed the floor for public hearings. Chair Tillman commented he had listened to several extension requests and project proposals and on several occasionsr homeowners professed their opposition to the project. However, there appeared to be no overall resistance to this project, with the exception of some minor issues which should be worked out. Secondly, with regard to the issue previously addressed by Ms. Horenburger wherein the City Commission would explore an 18-month extension in lieu of the 12-month extensionr Chair Tillman inquired of staff whether this had been explored and the status with respect thereto. Kathleen Zeitler advised the Code had been revised to allow for 18 months instead of 12 months for the initial site plan approval. Ms. Heavilin expressed confusion as to several of the comments made. The applicant did not respond to the issue of the dock damage and she requested he do so. Mr. von Rospeunt maintained they had addressed the dock issue with the homeowners on several occasions. They pulled permits for the dock and filed the extension for the dock permit; however, they would want to perform the dock work when the entire area was redone in order to avoid construction of a substandard dock. The developers had suggested they would remove the dirt and put in gravel and brick pavers, similar in fashion as shown in the site plan for the pool area and plaza. Rev. Chaney requested that Mr. von Rospeunt clarify the commitments made by the developer. Mr. von Rospeunt commented they committed to build a new dock to enrich the community, and it was their intention to do so. However, if they bore the expense, they would build the dock to their specifications in order that it would be constructed properly. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Rev. Chaney inquired of staff whether any Tax Increment Funding (TIF) or other incentive funding was involved in this extension. Mr. Zeitler replied there were none. Ms. Horenburger remarked that it appeared the developer was unable to move forward with the project for the reasons outlined in the backup material. However, after considering all of the comments made, she concluded there was also a problem with cooperation on both sides. She inquired as to why the developer was unable to meet the City's requirement to pay the Capacity Reservation Fee within seven days of the original site plan approval and whether this was an undue requirement which the developer could not meet while others could. Mr. von Rospeunt commented they considered the requirement to be unreasonable as they did not know how many water meters were needed at the time. Ms. Horenburger inquired of staff as to how common it was for people to not pay their Capacity Reservation Fee in a timely matter. Ed Breese, Principal Planner, indicated the fee was generally paid within seven days. Motion Ms. Horenburger moved to grant the request for a six-month time extension, subject to payment of the Capacity Reservation Fee and compliance with all of the other conditions of approval. Mr. Sims seconded the motion for discussion purposes. Chair Tillman advised he believed granting a six-month extensiot"t ~Id set a negative precedent, as it had been the City's policy to grant twelve-month extensions. Further, the developer requested the twelve-month extension in order to deal with hardships and Chair Tillman would want the developer and homeowners in the adjacent communities to have as much time as needed in order to resolve the issues. Mr. Sims contended he would be concerned about setting a precedent and would not be comfortable with granting a six-month extension at this time, although it could be something for the board to explore. He added he hoped the developer and homeowners would work through the issues within the year, as he would be hard pressed to vote in the developer's favor again. Ms. Heavilin advised that she would support the 12-month extension and urged the developer and residents to be open minded and work things out. Rev. Chaney commented he would support the 12-month extension as well and emphasized cautioning developers coming into the City to do due diligence in working with neighbors, as it was the board's responsibility to ensure the needs of the entire community would be served. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Ms. Horenburger inquired of Attorney Spillias whether the board would be setting a precedent if the Capacity Reservation Fee was not paid as required by the City's Code. Attorney Spillias advised the standard for making a decision was based upon competent substantial evidence to support the decision. In terms of precedent, the board members would have to consider whether they treated people who were similarly situated in a similar fashion. These were basically the standards to be applied by the board in making a determination. If the board believed there was substantial evidence that established the individual was not similarly situated, that would be the basis for a decision to grant something other than a year's extension. If the board did not believe the differences in this instance were significant enough to determine Mr. von Rospeunt was not similarly situated, then there would be no evidence. Staff had recommended a year's extension after their review, which would be part of the record as well. Chair Tillman called the question on the motion to grant a six-month extension. Vote The motion failed 1-4, Rev. Chaney, Ms. Heavilin, Mr. Sims, and Chair Tillman dissenting. Motion Mr. Sims moved to approve the one (1) year site plan time extension including all conditions recommended by staff. Ms. Heavilin seconded the motion which passed 4-1, Ms. Horenburger dissenting. B. Boynton Beach Lofts Site Plan time Extension Location: Description: Boynton Beach Lofts (SPTE 07-007) Bradley Miller, Miller Land Planning Consultants James A. Seifert/Addison Properties of South Florida, Inc. 623 South Federal Highway Request for a second one (1) year site plan time Extension for site plan (NWSP 05-008) and height exception (HTEX 05-001) originally approved on April 19, 2005, from April 19, 2007 to April 19, 2008. 1. Project: Agent: Gabriel Wuebben, Planner, provided an overview of the project. The Planning & Zoning Division received the extension request on April 4, 2007, approximately ten days prior to the expiration of the previous site plan time extension. According to the applicant, since the project's last site plan time extension, the developer had completed working drawings, had worked toward the marketing and sales of future units, completed a website, cared for onsite landscaping and secured County Civil permits. To date, the developer had spent nearly $730,000 toward the project. However, as a result of current market conditions, the developer was not able to pull a permit and was currently working with the CRA to modify the plans to make the project more 6 ["IV ~.'" . /. .....\ I .." \, I. .1 \Si \ . _i J: C .... . Iv ~~~. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\ VIII.-PUBLIC HEARING ITEM B. Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office 0 April 17,2007 April 2, 2007 (Noon.) S 0 May I, 2007 April 16,2007 (Noon) 0 0 May 15,2007 April 30, 2007 (Noon) 0 L June 5, 2007 May 14,2007 (Noon) 0 Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to City Clerk's Office June 19, 2007 June 4, 2007 (Noon) July 3, 2007 June 18,2007 (Noon) o ,-.J July 17,2007 -- July 2, 2007 (Noon) ~ -< July 16,2007 (Noon) I t \.D August 7,2007 ;::-.. 0 Announcements/Presenta tions 0 City Manager's Report c:> NATURE OF 0 Administrative 0 New Business U1 AGENDA ITEM 0 0 C) Consent Agenda Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business [3J Public Hearing 0 (""") C-:l ---l -- -' .'~l--="" "<0 .:, -r'l :-CJ .'1<::> _. "..... -t~" .)~c; ,-::-:)-- ~'1- -r'lCO -(T1 (J> fT1(J RECOMMENDATION: Please place this request on the June t~, 2007 City Commission Agenda under Public Hearing. The Community Redeveloprnent Agency Board on May 8,2007, recommended that the request be approved, For further details pertaining to this request, see attached Department Memorandum No. 07-034. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Boynton Beach Lofts (SPTE 07-007) Bradley Miller, Miller Land Planning Consultants James A. Seifert! Addison Properties of South Florida, Inc. 623 South Federal Highway Request for a second one (1) year site plan time extension for site plan (NWSP 05-008) and height exception (HTEX 05-001) originally approved on April 19, 2005, from April 19,2007 to April 19, 2008. PROGRAM IMPACT: N/A FISCAL IMP ACT: NI A ALTERNATIVES: N/A ^--rJ~#v Development Depa nt Director City Manager's Signature Assistant to City Manager ~ - ~ I ..-? ~~mri~~;nd ~on~ :;ctor City Attorney I Finance S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\SPTE 07-007\Agenda Item Request Boynton Beach Lofts SPTE 07-007 6-5-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-034 FROM: Chair and Members Community Redevelopment Agency Board Michael Rumpf ~ Director of Planning and Zoning Gabriel Wuebben ) 0 Planner t\, TO: THRU: DATE: April 6, 2006 PROJECf: Boynton Beach Lofts / SPTE 07-007 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Mr. James A. Seifert / Addison Properties of South Florida, Incorporated Applicant / Agent: Bradley Miller, Miller Land Planning Consultants Location: 623 South Federal Highway (see Exhibit "A" - Location Map) Existing Land Use/ Zoning: Mixed Use (MX)/ Mixed Use-Low (MU-L) Proposed Land Use/Zoning: No change proposed Proposed Uses: Request a second site plan time extension approval for a mixed use project consisting of 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space on 1.21-acres. Acreage: 1. 21-acres Adjacent Uses: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); East: Right-of-way for Federal Highway, then farther east is developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); and West: Right-of-way for Southeast 4th Street, then farther west is an active park (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). Page 2 Memorandum No. PZ 07-034 BACKGROUND Mr. Bradley Miller, agent for Addison Properties of South Florida, Inc, is requesting a one (l)-year time extension for the Boynton Beach Lofts Site Plan and Height Exception Development Orders (NWSP 05-008) (HTEX 05-001) which were approved by the City Commission on April 19, 2005. The site plan approval is valid for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. An earlier site plan time extension was approved in April of 2006, as the applicant was unable to secure a permit by the expiration date of the original site plan approval. If this request for extensions were approved, the expiration date of this site plan, including concurrency certification would be extended to April 19, 2008. According to the original site plan staff report, Boynton Beach Lofts was approved for 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space on 1.21-acres, at 623 South Federal Highway. The height exception request was for three (3) feet - two (2) inches above the maximum height of 75 feet in the Mixed Use - Low (MU-L). This approval allowed the top of the stairwell to be designed at 78 feet - two (2) inches in height. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the extension request April 4, 2007, approximately ten (10) days prior to the expiration of the site plan and height exception. According to the time extension application, Mr. Miller indicates that since the project's last site plan time extension, the developer has completed working drawings for the project, has worked toward the marketing and sales of future units, including marketing packages and the assembly of a sales staff, has completed a project dedicated website, has cared for onsite landscaping, and has secured county civil permits. To date, the developer has spent nearly $730,000 toward the project. However, the residential market's slow down in 2006 has limited the feasibility of continuing with the project at this time. Consequently, the developer is working with the CRA to modify the plan to make the project more economically feasible to build and sell. As such, they are requesting another one (1) year time extension to gain the necessary permits and begin construction. Also, a more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. Traffic concurrency was approved with a build-out date of 2008 and no building permits are to be issued by the City for this project after the 2008 build-out date. Since the applicant has what would appear to be adequate time left on his traffic concurrency, nothing further in this regard is needed at this time. As for utilities, records indicate the utility reservation fee has been paid; therefore no further action is required. The site plan time extension would still be subject to the original conditions of site plan and height exception approvals. Lastly, major alterations in the City's zoning regulations have occurred since the last Site Plan Time Extension was approved for this project. The Boynton Lofts project was originally approved concurrent with are-zoning to the MU-L (Mixed Use - Low) zoning district. Since then, following numerous public workshops and hearings, the MU-L zoning district has been replaced by a series of districts, ranging from MU-L 1 to MU-L 3. The original MU-L zoning district is intended to coincide with the new MU-L 3 zoning district in terms of Page 3 Memorandum No. PZ 07-034 maximum height and density. However, in accordance with the recommended locations for the new districts, the subject area is targeted for the MU-L 2 district, permitting building heights up to 65 feet and a maximum density of 30 units per acre along limited segments of areas #2 and #4 of the Federal Highway Corridor. The project is currently under staff review for a minor site plan modification which will lower the building height from its original 75 feet to approximately 62 feet. However, the project's density will remain unchanged at just under 40 units per acre. Project height will therefore become consistent with the vision for building height within this area, as set by the MU-L 2 district, whereas project density will exceed that of the proposed district and vision. Staff has identified a number of potential issues regarding this zoning discrepancy. While the project may be generally consistent with future zoning and development, it is inconsistent with at least two principle regulations of the recommended zoning (MU-L 2). The density, although consistent with the original MU-L zoning district, exceeds that of the MU-L 2 district by approximately twelve (12) units. Secondly, the project does not comply with the sky exposure plane regulations now in effect under the MU-L 2 zoning regulations. Staff acknowledges that these inconsistencies will not provide a significantly noticeable disruption in the aesthetic quality envisioned for the area, nor will it adversely affect the quality of life for adjacent properties. However, more relevant is the development of this property in the absence of the superseded MU-L district. Although the original zoning for the project has been replaced, the project can still be developed in accordance with the current valid development order. However, with the absolution of this zoning district in 2006, future changes to the approved plan or ultimate development, resulting from market changes or redevelopment created by building damage, could not be processed. Therefore staff recommends that if this request is approved, the zoning on this property, as well as on the other property similarly affected by the elimination of the MU-L district, be changed to MU-L2, consistent with the redevelopment vision. RECOMMENDATION Staff recommends approval of this request for a one (1) year time extension of the site plan (NWSP 05-008) and height exception (HTEX 05-001). If these requests for extension were approved, the expiration date of both applications, including concurrency certification would be extended to April 19, 2008, and all conditions from the original approvals must still be satisfactorily addressed during the building permit process. Staff also recommends, if the subject request is approved, that the City initiate a rezoning of the subject property, from MU-L to MU-L 2, in order to preserve the current vision and direction for redevelopment. S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\SPTE 07-007\Boynton Beach Lofts SPTE Staff Report.doc Exhibit "A" - Boynton Beach Lofts - 623 S. Federal Hwy. Location Map N 500 ~ 'Feet w-=y=-' s 125 62.5 0 I 125 250 375 EXHIBIT "C" Conditions of Approval Project name: Boynton Beach Lofts File number: SPTE 07-007 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES I I I Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None I X I i BUILDING DIVISION I I Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: I. The site plan time extension shall be subject to all previous Conditions of X Approval. Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\SPTE 07-007\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Lofts APPLICANT'S AGENT: Miller Land Planning Consultants, Inc. APPLICANT'S ADDRESS: 420 W. Boynton Beach Blvd. Suite 201 Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 5',2007 TYPE OF RELIEF SOUGHT: Request site plan time extension approval for a mixed use project consisting of 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space on 1.21-acres. LOCATION OF PROPERTY: 623 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "e" 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 :IPlanningISHARED\WPIPROJECTSIBoynlon LoftslSPTE 07 -0071DO .doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Ms. Horenburger inquired of Attorney Spillias whether the board would be setting a precedent if the Capacity Reservation Fee was not paid as required by the City's Code. Attorney Spillias advised the standard for making a decision was based upon competent substantial evidence to support the decision. In terms of precedent, the board members would have to consider whether they treated people who were similarly situated in a similar fashion. These were basically the standards to be applied by the board in making a determination. If the board believed there was substantial evidence that established the individual was not similarly situated, that would be the basis for a decision to grant something other than a year's extension. If the board did not believe the differences in this instance were significant enough to determine Mr. von Rospeunt was not similarly situated, then there would be no evidence. Staff had recommended a year's extension after their review, which would be part of the record as well. Chair Tillman called the question on the motion to grant a six-month extension. Vote The motion failed 1-4, Rev. Chaney, Ms. Heavilin, Mr. Sims, and Chair Tillman dissenting. Motion Mr. Sims moved to approve the one (1) year site plan time extension including all conditions recommended by staff. Ms. Heavilin seconded the motion which passed 4-1, Ms. Horenburger dissenting. B. Boynton Beach Lofts Site Plan time Extension Location: Description: Boynton Beach Lofts (SPTE 07-007) Bradley Miller, Miller Land Planning Consultants James A. Seifert/Addison Properties of South Florida, Inc. 623 South Federal Highway Request for a second one (1) year site plan time Extension for site plan (NWSP 05-008) and height exception (HTEX 05-001) originally approved on April 19, 2005, from April 19, 2007 to April 19, 2008. 1. Project: Agent: Gabriel Wuebben, Planner, provided an overview of the project. The Planning & Zoning Division received the extension request on April 4, 2007, approximately ten days prior to the expiration of the previous site plan time extension. According to the applicant, since the project's last site plan time extension, the developer had completed working drawings, had worked toward the marketing and sales of future units, completed a website, cared for onsite landscaping and secured County Civil permits. To date, the developer had spent nearly $730,000 toward the project. However, as a result of current market conditions, the developer was not able to pull a permit and was currently working with the CRA to modify the plans to make the project more 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 economically feasible. In terms of traffic concurrency, it appeared the applicant had adequate time. Records indicated the Utility Reservation Fee had been paid. The original project would still be subject to the original conditions of site plan and height exception approvals. Therefore, staff recommended approval of this request for a one (1) year time extension for the site plan and height exception. All conditions from the original approvals must still be satisfactorily addressed during the building permit process. Bradley Miller, Miller Land Planning Consultants, advised he was present to represent the applicant. He reiterated the request for the extension, and as staff covered the majority of the points, he advised he would be pleased to address any specific issues brought forth. Chair Tillman opened the floor for public hearings. No one else having come forward, Chair Tillman closed the floor for public hearings. Rev. Chaney inquired as to the type of modifications sought, whether they pertained to workforce housing incentives or other modifications. Lisa Bright, CRA Executive Director, advised modifications were sought as described by Rev. Chaney and based on discussion with Mr. Seifert. A site plan was already in motion. In at least seven meetings, staff attempted to save this project in terms of the real estate market decline. Motion Ms. Horenburger moved to approve the site plan extension as recommended by staff. Mr. Sims seconded the motion. Ms. Heavilin inquired whether the motion included the height extension. Ms. Horenburger advised it included all conditions recommended by staff. Chair Tillman called the question on the motion. Vote The motion passed unanimously. C. Land Development Regulations Rewrite Code Review 1. Project: Land Development Regulations (LDR) Rewrite (CDRV 07-004) Use Matrix and Notes City-initiated Agent: 7 VIlli-PUBLIC HEARING ITEM CI CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dales 0 April ] 7, 2007 April 2, 2007 (Noon.) l:8J June 19,2007 0 May], 2007 April ]6,2007 (Noon) 0 July 3, 2007 0 May ]5,2007 April 30, 2007 (Noon) 0 July] 7, 2007 0 June 5, 2007 May ]4, 2007 (Noon) 0 August 7, 2007 Date Final Form Must be Turned in to City Clerk's Office June 4, 2007 (Noon) o -.J June ]8,2007 (Noon) _ --',- '):::.0-' -< N W July 16,2007 (Noon) -0 July 2,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report N NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements D Unfinished Business l:8J Public Hearing D RECOMMENDATION: Please place this request on the June 19,2007 City Commission Agenda under Public Hearing. The Planning and Development Board on May 22,2007, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-036. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: c-J ::> -4 :::j-< -<0 ,:"') -:'l ;--0..) l'""-iC) :':J _< ~~ -"" .' -;... ..." .....- (.n--i '::J ,,-,- '::'1- ""'llCl -r" ,-,....... ril C; ::r: .r' NW 7th Court (Homrich) (ZNCV 07-003) George Homrich, Homrich Construction Homrich Corporation Lot 211 of the Laurel Hills subdivision, 4th addition, West side of NW 7th Court, between NW 10th Avenue and NW 13th Avenue Request for relieffrom the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.1.C.3, requiring a minimum lot frontage of 60 feet, to allow a fi'ontage of 50 feet, a variance of 10 feet within the R-1-AA Single-family Residential zoning district. DESCRIPTION: PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: L/ City Manager's Signature Assistant to City Manager t)tJ'JJ .-;1 . I~~ ' ..{I!./ ./ P~nning and Zohg irector City Attorney / Finance S:\Planning\sHAREDlWPIPROJECTSINW 7th Court VariancelAgenda Item Request NW 7th Court Homrich ZNCV 07-0036-1 9-07.doc S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-036 STAFF REPORT Chair and Members Planning & Development Board and City Commission ,~ Michael W. Rumpf \J.J Planning and Zoning Director Kathleen Zeitler t2-- Planner May 15, 2007 Homrich Variance - NW 7th Court / ZNCV 07-003 Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.1.C.3., requiring a minimum lot frontage of 60 feet, to allow a frontage of 50 feet, a variance of 10 feet within the R-1-AA Single-family Residential zoning district. Property Owner: Appiicant/ Agent: Location: Acreage: Proposed Use: Zoning District: Adjacent Uses: North: South: East: West: PROJECT DESCRIPTION Homrich Corporation George Homrich, Homrich Construction Lot 211 of the Laurel Hills Subdivision, 4th Addition West side of NW 7th Court, between NW 10th Avenue and NW 13th Avenue 6,965 square feet (0.16 acre) Single-family residence R-1-AA (Single-Family Residential) A single-family residence, zoned R-l-AA; A single-family residence, zoned R-1-AA; Right of way for NW ih Court, and farther east, a single-family residence, zoned R- i-A; and A single-family residence, zoned R-1-AA. Staff Report Memorandum No PZ-07-036 Page 2 BACKGROUND The subject property is currently an undeveloped lot located on the west side of NW 7th Court, between NW 10th Avenue and NW 13th Avenue, in Laurel Hills, 4th Addition (see Location Map - Exhibit "A"). The subdivision, zoned R-1-AA, was platted in 1951, with the vast majority of the lots having a width of 50 feet. The lot boundaries within this subdivision have been "shifted" over time where some parcels have been combined to include 100 feet of lot frontage, creating parcels in excess of the minimum lot area requirements for the R-1-AA zoning district of 7,500 square feet for lots platted prior to 1975. All lots adjacent to the subject property have been developed. The subject parcel (Lot 211) is an original lot, unchanged, thus maintaining its platted 50 foot frontage, and approximately 6,965 square foot total lot area. The applicant is requesting a variance to the minimum lot frontage of 60 feet required for a valid non-conforming lot in the R-1-AA district under the requirements of Chapter 2, Zoning, Section 11.1.C.3. of the Land Development Regulations. In order to construct a one-story single-family dwelling of approximately 1,710 square feet of living area on the platted lot with 50 feet of lot frontage, a variance of ten (10) feet is necessary. Based upon the applicant's proposal (see Exhibit "B''), the subject property would comply with the other building and site regulations for the R-1-AA district per Ch. 2, Section 5.C., such as building setbacks and maximum height, minimum living area, and maximum lot coverage. The subject property would also comply with the minimum lot area requirement for nonconforming lots within the R-1-AA zoning district per Ch. 2, Sec. l1.1.C.3. A comparison between minimum standards and the proposed project is indicated below: R1-AA Minimum Reouirements Applicant's Proposal . Lot area: 6,750 square feet* . Lot frontage: 60 feet* . Front setback: 25 feet . Rear setback: 20 feet . Side setbacks: 7.5 feet** . Minimum living area: 1,600 sq. ft. . Maximum lot coverage: 45% . Maximum structure height: 30 feet . Lot area: 6,965 square feet . Lot frontage: 50 feet . Front setback: 28 feet . Rear setback: 38 feet . Side setbacks: 7.5 feet . Minimum living area: 1,710 sq. ft. . Maximum lot coverage: less than 45% . Maximum structure height: less than 30' * per Sec. 11.1.C.3.(non-conforming lots in R1-AA) ** per Sec.5.C.2.(R1-AA lots platted prior to 1975) ANALYSIS Staff reviewed the requested variance focusing on the applicant's response to criteria a - g below (see Exhibit "C"). The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Staff Report Memorandum No PZ-07-036 Page 3 The subject property is considered a non-conforming lot because it does not meet all of the current minimum R-1-AA zoning district regulations for construction of a single-family residence. Section 11.1.C.3, Non-Conforming Lot regulations, allows a detached single-family dwelling to be constructed on a non-conforming lot zoned R-1-AA, provided that .9ll of the following requirements are met: (1) the parcel contains at least one whole platted lot; (2) the parcel has a frontage of not less than 60 feet, and a lot area of not less than 6,750 square feet; and (3) that it would not be possible to acquire property from adjacent parcels without causing the adjacent parcels or structures thereon to become non-conforming. The subject parcel complies with requirement #1, because it contains one (1) whole platted lot (Lot 211). The applicant is unable to meet part of provision #2, due to the fact that the lot only has 50 feet of frontage, as it was originally platted. Therefore, the applicant is seeking a variance to the minimum lot frontage requirement, a reduction of 10 feet, in order to construct a single-family home on a whole platted lot. Regarding requirement #3, the owner of the adjacent, developed property to the north is not willing to sell a portion of his lot (see Exhibit "C"). In addition, the adjacent, developed property to the south is 50 feet wide, and would become more nonconforming if a portion of the lot was acquired. b. That the special conditions and circumstances do not result from the actions of the applicant. In 1975, the City adopted new zoning regulations, which caused many parcels to become legally non- conforming, including those in the Laurel Hills Subdivision Plat. The Land Development Regulations set forth the minimum requirements for the development of a lot. The typical lots were originally platted with 50 foot frontage. The lot in question (Lot 211) is a whole platted lot, like others already developed within the subdivision. c. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. The majority of the subdivision is developed with single family homes. Several lots have been developed as originally platted with 50 feet of lot frontage (see lots with * indicated on Exhibit "A"- Location Map). The homes developed on this particular block are situated on parcels with lot frontages ranging from 50, 100, to 150 feet. As noted above, the applicant is requesting to build on a parcel with 50 foot fontage. The fact that at least ten (10) homes in the neighborhood are constructed on the originally platted, 50-foot wide lots, appears to indicate that no special privilege would be granted to the applicant by the issuance of the requested variance. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. The Laurel Hills subdivision contains many substandard parcels when compared to current regulations. The subject property has 50 feet of platted lot frontage and more than the minimum lot area for a non-conforming lot in the R1-AA zoning district, but the current regulations require 60 feet of frontage. Literal interpretation of this criteria would deprive the applicant the right to develop the property as platted and leave a vacant lot where the construction of a home could present a finished appearance to the block. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Staff Report Memorandum No PZ-07-036 Page 4 The proposed single-family dwelling will comply with all other R-1-AA requirements such as setbacks, minimum living area, maximum lot coverage, and building height. The subject property is of sufficient size to provide a home comparable to others within the neighborhood. Without the requested variance, the applicant will not have reasonable use of the land. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance} and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The Laurel Hills subdivision includes many substandard lots by current regulations. The establishment of the non-conforming lot provisions clearly dictates a substandard development regulation, below standards being constructed in newer subdivisions. Approval of the subject variance would not represent a further reduction in the minimum development standards within this neighborhood, and will provide a positive contribution to the economic value of the area and tax base for the city. Additionally, the applicant proposes to construct a one-story single-family residence with 1,710 square feet of living area, while meeting all required setbacks. Neighboring homes (on 50 foot wide lots as originally platted) range in size from 1/268 square feet to 2/126 square feet. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. The property on the south side of the applicant's parcel has 50 feet of lot frontage as originally platted and is already developed. Any reduction to that lot would make it more non-conforming. The abutting property to the north has approximately 150 feet of lot frontage; however, it is a corner lot and is developed. Records indicate Max Genest is the adjacent property owner to the north of the subject property. The applicant's justification indicates no adjacent lots can be sold to increase the size of the subject property, and included a letter from Mr. Genest which states that he is not willing to sell a portion of his side yard (see Exhibit "C"). RECOMMENDATION Staff recommends approval of the requested variance based on findings of hardship. Staff concurs with the applicant that special conditions and circumstances exist that are not the result of actions by the applicant. This request will not be injurious or detrimental to the area, and the variances requested are the minimum necessary to make pOSSible the reasonable use of the land. The construction of a modern single-family home on the subject lot, representing reasonable use of the land, can be accommodated and still meet all of the minimum development regulations for the R1-AA zoning district and be compatable with the neighborhood. No conditions of approval are recommended; however, any conditions of approval added by the Planning & Development Board or the City Commission will be placed in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECfS\Homrich Variance - NW 7'" Ct\ZNCY 07-003\Staff Report.doc 13TH ~ I I I I r I , ~ I , \ \ , , ! ~ \\ \ I I i I j i I -I i , ------i Exhibit "A" - NW 7th Ct. Location Map I ' : I R~f=-~-I , J ' 'r--Single family , Residential~ I i- I 13TH * * * * , ~ ~ ~-~-- ~ I I L--- --1 , , R-1-A Ilsinglefa~ilY * 'Residential * 10TH 390 (------~. ------------, i \ I i I * * -! * * 520 ". I Feet J "-T' I SITE * -1 00 I '-1 II ! 1 -.J -1 I * - Existing homes on 50-foot wide lots as originally platted ~ i I R-1 ~AA r I Single I:family Residential ! --------- i i I I I j I I l~/~~J- - -- - · ~~\ // o 130 260 11)'- .../ \~ "It' ~,.>J 0~~ .,:>' r Cl --j " 1/ ,-\/./ 0' -Q> "'~ -<:>Cl ,n '" '" ", y .... ,,'if- ~) II? ",1) 0~~ .,,;J ADD EL-EVAT' ON? 3-' 4-07 \ .;..>.1-- ..../ 'j I}/' ...'" '00 00 [)[ ^R I N6 BN~E hi 0 '40 2'O'W ~-.. ~f,G ., ,1\'1. ~",(J Ati ~f-$ ~/? ~ ~ --.:! \--- I '-" Cl .;i 5 U E 4 (,HAIN L.I~ FENCE TYf" ---......."" VACANT 1;"-- ..-\/ z Q>- ~'" Cl-<:> '" -~ \>' _Cl ni y " Cl -< '" Cl \ 1/ ~,...;-- 11 .?J ',)---v N '" "'I ":' C1 '40 38'c 50.00' o 20' PAVEMENT ,'~ tJ' ~~' \ ~).,~\ 50 R/W tv'" t 4:.--+/1>- _N_a~O:"W-e- _ 50.00' NW 7TH COURT L-ALJREL- L-ANc - PL-A T . ,~.0 ,1\'1- ~,.>J<lI ~~ ,,-' t~~ ~~ EXHIBIT "B" I~ :\~3 ~ .. , I~ 1- '" --j I l> < en , "- moo i~~'\ N 9 40 w~ ~ '# <7HEET 2 OF 2 '2:;, <:- SCALE: 1/16" = 1 FT w:o:::: /./ / / 0/ 20 ~..5'~.~S;;...~ wMA;:i~:;';.;// i~ - ~- - I I I I I I I I I I I ~ I n"\ I n! 171/1 . /2 I J"Ii"-"" I I I I I I ///.//// /./////./ // /// / / / /. / / / //~////// /h<~6'/.// / ///// /:;: / .f./y!/ /// 50.00' DRIVEWAY 28FT. ,.,: -i <( > LOT 21 I SINGLE FAMILY RESIDENCE FINISH FLOOR 19.10 SITE PLAN CONC. PATIO 38 FT. ~,_ -JL. - ' -71/2' .. ~ I t ,-"- _-__.__.__.__ __ __t.:.- _ _ _~.._ ~v~ 5' U.E. 50.00' ------------- LOT 184 c)\Hltsl' ts o n m n ..- C^nIDI I V Response to Variance Application questions A. The special condition pertaining to this property is that it was originally designed and platted to be the size it currently is. It was unfortunately re-zoned and included with larger properties to the west. The neighborhood is predominately built out on 50" lots. B. The lot has never been altered in size nor shape. I, nor previous property owners, have ever sold off any portion of the lot. It was the city's actions that made this variance needed. C. By granting this variance, the city will allow a new single family home to be built on a lot that was originally designed for it, just like other houses in the neighborhood. D. The literal interpretation of the code deprives of me of the right to build a home on this lot. Without the variance, the lot is simply vacant and of little value. E. This variance is the minimum allowance needed to make reasonable use of the land. There are no extra allowances beyond what is basically needed to build a house. F. The granting of this variance will be harmony with the surrounding houses. The house we intend to build will in keeping with the current look, size, character and use of surrounding homes. The house will be a 1 story with 1 71 0 square feet of living area, similar to the house beside it. G. The adjacent properties have already been built upon. No adjacent lots can be sold to increase the size of the overall property. ,ij I=XHIt31T II J, oo~(nPl8 MAY I 0 2007 f:' " , , ) 1'1 I ' i ! i I ~ I; . i I L.; PLANNING AND ZONING DEPT Concerning neighboring properties on 7th Court in Laurel Hills I, Max Genest, have been approached by George Homrich and I am not willing to sell a portion of my side yard. Property Owner to North 1301 NW ih Court (Lots 208-210) EXHIBIT "D" Conditions of Approval Project name: NW ih Court/Homrich Variance File number: ZNCV 07-003 Reference: DEPARTMENTS INCLUDE REJECT 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 Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval P 2 f2 age 0 I DEP ARTMENTS I INCLUDE I REJECT I ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: n~ None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: , . d v v\" udennlne . S:IPlanning\SHARED\WP\PROJECTSINW 7th Court (Homrich)\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: NW 7th Court (Homrich Variance) APPLICANT'S AGENT: George Homrich APPLICANT'S ADDRESS: 2706 SW 8th Street, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 19,2007 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.1.C.3., requiring a minimum lot frontage of 60 feet, to allow a frontage of 50 feet, a variance of 10 feet within the R-1-AA Single-family Residential zoning district. LOCATION OF PROPERTY: NW 7th Court, Boynton Beach, FL / Lot 211 Laurel Hills 4th Addition DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came 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 "D" 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\NW 7th Court (Homrich)\DO.doc Planning and Development Board Meeting Minutes Boynton Beach, Florida May 22, 2007 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of the April 24, 2007 Planning and Development Board Meeting Agenda Items Mike Rumpf, Planning & Zoning Director, reported the following items previously reviewed by the board were approved by action of the City Commission: (1) Progress report, proposed definitions and draft work schedule for the LDR Rewrite (2) Site plan extension for major site plan modification for the Healing Heart Veterinary Clinic 6. Old Business None. 7. New Business Assistant City Attorney Alexander administered the oath to all persons intending to testify. A. NW 7th Court (Homrich) ZoninG Code Variance Description: NW 7th Court, Lot 211 (Homrich) (ZNCV 07-003) George Homrich, Homrich Construction Homrich Corporation Lot 211 of the Laurel Hills subdivision, 4th addition, West side of NW 7th Court, between NW 10th Avenue and NW 13th Avenue Request for a relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.1.C.3, requiring a minimum lot frontage of 60 feet, to allow a frontage of 50 feet; a variance of 10 feet within the R-1-AA Single-Family Residential zoning district. 1. Project: Agent: Owners: Location: Vice Chair Hay read the request and noted staff comments. Kathleen Zeitler, City Planner, advised the property was platted in the 1920's as a 50-foot wide lot, in the same manner as the other lots in that subdivision, and had remained the same width. At least ten homes in the neighborhood were constructed on the originally platted 50-foot wide lots. The subject property was a non-confirming lot because of the width, and R-1-AA zoning currently required a frontage of not less than 60 feet in order for the lot to be developed. The applicant was proposing to build a 1,710 square-foot home similar in size to the other homes in the area, which would meet setback, lot coverage, height and all other requirements, with the exception of the width. Staff reviewed the variance request and believed it met the criteria for 2 Planning and Development Board Meeting Minutes Boynton Beach, Florida May 22, 2007 a variance to be granted. Staff found a hardship existed as the parcel was platted as a 50-foot lot and had remained as originally platted. Staff recommended approval with no conditions. George Homrich, 2706 SW 8th Streetl applicant, advised it was his intention to build a single- family homel and he provided a picture of the model house. He previously built homes for the Land Trust of Delray, and believed his neighbors were impressed with the home he proposed to build. Mr. Casaine inquired whether other 50-foot wide lots in that area had been developed. Ms. Zeitler replied affirmatively, reiterating approximately ten homes in the neighborhood were constructed on a 50-foot wide lot. Staff researched other variances in the area and did not find any for lot width; therefore, it appeared these homes were built before a variance was required. Mr. Casaine inquired whether the distance, which separated each lot, was uniform. Ms. Zeitler replied the side setback was 7-1/2 feet and applied across the board to every lot. Ms. Jaskiewicz noted the actual square-foot area exceeded the requirements; however, the 50- foot width still exceeded the overall square foot requirements. Vice Chair Hay noted a typographical error contained in the last line of paragraph "A" of Exhibit C of applicant's response. The lot should be 50 feet, rather than 50 inches as indicated. Applicant agreed. Mr. Lis inquired whether the lot was platted of record prior to subsequent Code amendments that changed the width of lots in this subdivision. Ms. Zeitler replied staff did not find any other homes in the area that received variances for lot widths. Those homes were most likely built before the Code changed to require 60 feet for lot frontage. Mr. Lis inquired as to the date of the Code change. Further, the lot was platted in 1951 at 50 feet and the Code was amended to require 60 feet. He wondered whether a 75-foot frontage was currently required. Ms. Zeitler responded it was platted at 50 feet in the 1920's. The 60-foot frontage requirement for a non-conforming lot was established a few years ago; however, she was unaware of the exact date. Mr. Lis inquired whether there were homes situated on both sides of this lot. Ms. Zeitler replied in the affirmative. Mr. Lis inquired whether there would be any opportunity for this lot to be any wider than it currently was. 3 Planning and Development Board Meeting Minutes Boynton Beach, Florida May 22,2007 Ms. Zeitler responded the lot to the south was on a 50-foot wide lot; the lot to the north consisted of several lots put together and developed. The applicant approached the property owner, and the property owner did not want to sell any of his land. The applicant currently owns the property on which he wishes to build a house. Mr. Blehar inquired of the applicant whether the garage was the most dominant figure observed from the street. Mr. Homrich replied the garage comprised approximately 20 feet; however, the entryway softened the view. Mr. Blehar inquired whether the applicant could bring out the recessed portion of the house. Mr. Homrich responded he was dealing with a 25-foot setback and the recessed portion created more depth to the yard. He discussed the issue of off-street parking and the construction of a two-car garage. Motion Mr. Saberson moved to approve staff's recommendation for approval of the requested variance. Mr. Casaine seconded the motion that passed unanimously. B. Land Development Regulations Rewrite Code Review 1. Project: Land Development Regulations (LDR) Rewrite (CDRV 07-04) Use Matrix and Notes City-initiated Group 2 deliverable as indicated on the proposed LOR Rewrite Work Schedule, including the Zoning Use Matrix and corresponding Notes and Restrictions to ultimately replace and enhance portions of the current LOR Part 3, Chapter 2. Zoning, Sections 5 though 8. Agent: Description: Mike Rumpf, Director of Planning and Zoning, brought before the board the second draft work product on the LDR Rewrite project. The board previously reviewed the Parks report, draft definitions and proposed work program. The board would review the Zoning Use Matrix, corresponding Notes and Restrictions. Mr. Rumpf advised the original objectives would continue to be furthered. Of the original objectives, user-friendliness and maintaining a flexible and dynamic approach were most addressed by the current work product. The original objectives included preserving and utilizing work efforts; maximizing user- friendliness; maintaining public involvement; using a dynamic approach in the rewrite effort; and continuing to deliver optimal customer service. 4 /~ (.2k, 1l1\' .::r: ~,. . iu ).>" , . .', "","~'Y'" 1". ~ ..._Y'~, \V , '1'0 N ", VIII.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) [;gJ 0 May 1, 2007 April 16,2007 (Noon) 0 0 May 15,2007 April 30, 2007 (Noon) 0 0 June 5, 2007 May 14, 2007 (Noon) 0 Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office June 19,2007 June 4, 2007 (Noon) July 3, 2007 June 18,2007 (Noon) July 17, 2007 July 2, 2007 (Noon) 5 ("') n-~ -.- ". -'~... August 7, 2007 July 16, 2007 (Noon) ):.~ar; -< -", ,:=; Cj ~-'.' -ry ..-.........., , '-."'" r-'l C) :,-) -< ... _n,_ .. ,;-.. , . .=:> ::J :':: ., --, c:J _"'T1 ('-j .:::.> rf\n :r: N W 0 Announcements/Presenta tions 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business [;gJ Public Hearing 0 N RECOMMENDATION: Please place this request on the June 19,2007 City Commission Agenda under Public Hearing. The CRA Board and Planning & Development Board reviewed this item on May 8, 2007 and May 22,2007, respectively, and forward it with their recommendations for approval of this portion of Group 2 of the LDR Rewrite. The Planning and Development Board also recommends that staff revisit and clarify the difference between uses identified as "prohibited" and "not allowed", and specifically how such uses are represented on the matrix. Staff recommends that these draft work products be approved by the Commission, and any changes directed by the Commission can be incorporated into the final document. For further details pertaining to this request, see attached Department Memorandum No. 07-041. EXPLANATION: In accordance with the approved work schedule, staff is forwarding for Commission review, a portion of the Group 2 work products identified as the Zoning Use Matrix, Notes & Restrictions. This portion of the reorganization and rewrite of the City's LDRs represents the consolidation of all zoning uses and regulations for ultimate placement in the proposed Chapter 3 -Zoning, Article IV. Use Regulations. Particular attributes of the use matrix and notes include: 1) consolidation of all use regulations into one table; 2) the merging of like uses to represent simple and consistent regulations; 3) incorporation of terminology (use headings and titles) from the North American Industrial Classification System (NAICS); 4) the introduction of new (or improved) use titles and descriptions to address uses that are either currently not accommodated or under-regulated; and 5) the continued implementation of the M-I Zoning District Study. The staff presentation planned for this meeting will include examples of these improvements as well as an overview of the proposed matrix and corresponding notes. Staff plans to circulate for review the remaining work products of Group 2 (as described in the approved work program) in July. PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: This item represents continued and timely progress toward completion of the LDR rewrite. N/A t accept the draft work product presented by staff, or approve with revisions. City Manager's Signature Assistant to City Manager ~ ~ Planning and Zoni City Attorney! Finance S:IPlanning\SHARED\WP\SPECPRO DR Rewrite (2005-2006)\GenerallAgenda Item Request Group 2 Use Matrix & Notes CDRV 07-004 6- I 9-07.doc S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC TO: FROM: DATE: RE: DEPARTMENT OF DEVELOPMENT Memorandum PZ 07-041 Chairman and Members, Community Redevelopment Agency Board & Planning and Development Board U)Z,- Michael Rumpf;4- - Planning & Zoning Director May 1, 2007 LDR Rewrite - Group 2 - Zoning Use Matrix, Notes & Restrictions INTRODUCTION As described in the progress report and proposed work schedule presented to the Board in April, staff would soon be delivering the next component to the rewrite project, the above-referenced Matrix and corresponding provisions and restrictions (see attachment). The Use Matrix is a portion of Group 2, and will soon be followed by another portion or remainder of Group 2. As also described in the prior staff report, the Definitions section was expanded to include terms and definitions for all uses to be regulated, both existing and proposed. All such uses have been listed in the proposed Use Matrix, as represented by the row headings, and repeated on each of the 9 pages of the matrix. Except for the far right column, each column heading in the matrix represents an individual zoning district. Furthermore, as described when delivering the proposed "Definitions", many use titles have been revised to group similar businesses and operations, and to implement where possible the labeling methodology used in the North American Industrial Classification System (NAICS). Use of this system would, in part, improve consistency with the city's Business Tax function and ensure greater consistency in regulating like uses. Existing rules and provisions to correspond with many uses regulated by the city, as well as proposed changes and new restrictions, are listed in the Notes & Restrictions (Section 4) that follows the Use Matrix. If a note or restriction accompanies a given use, the number(s) that identifies the corresponding note will be displayed in the far right column of the Use Matrix. Zoning uses as well as the corresponding general and specific regulatory provisions are currently placed in multiple sections of Part III, Chapter 2. Zoning, including 5 different sections that group the individual zoning districts, multiple sections for additional or "supplemental" regulations, and even within a few current definitions. Similar to the extensive effort devoted to consolidating, updating, and eliminating internal inconsistencies in definitions, the attached use regulations represents that same intense effort to consolidate scattered regulations, identify and correct inconsistencies, and reword to increase clarity of the city's regulations. Above all, the proposed reorganization of these provisions will significantly increase the ease of reading and understanding the city's very important zoning regulations. PROJECT OBJECTIVES The objectives set forth at the onset of staffs management of this effort, and explained previously in the update report, continue to be furthered. Of the original objectives, those involving user-friendliness and maintaining a flexible and dynamic approach, are most addressed by this work product. The original objectives are listed below followed by specific documentation relative to Objectives #1, #2 and #4. Although #5 is not specifically addressed herein, the basic services and unanticipated demands of the Division continue to be a priority, and provided or responded to timely. 1. PreservelUti1ize work efforts initiated/accomplished by the consultant including work products, discoveries, pertinent recommendations, and input collected from the public, staff and elected officials during workshop sessions; 2. Maximize user-friendliness in the ultimate document with the appropriate and logical organization, interconnectivity, and writing style; 3. Maintain public involvement in the rewrite process, including input from local professionals "experts"; 4. Use a dynamic approach in the rewrite effort allowing the shifting of resources as needed to address current issues a..1'}d Commission direction; and 5. Continue to deliver optimal customer service to the public and applicants during the project. Objectives #1 & #2: LDR fonnat or organization was the target of an original objective which continues to be furthered by the consolidation of all uses and the delineation of corresponding zoning districts into a single table, and the concentration of all use regulations and provisions into one proposed section. Such regulations are currently scattered into multiple code sections which are difficult for the lay person to locate, as well as challenging to staff to regularly review and incrementally revise as the needs arise. The zoning use matrix is a common component in modem zoning regulations, as exhibited by the County's ULDC and the zoning codes of many nearby cities. Although it has been very challenging and time-consuming for staff to consolidate existing and new uses and provisions in this format, the benefits with respect to consistency and ease of access justify the effort. User- friendliness continues to be a primary objective, guiding both the format as well as emphasis on simplicity and clarity. Objective #4: Staff continues to acknowledge the priorities and current issues of the Commission in this deliverable. For example, as indicated in the update report, staff would attempt to implement the recommendations of the M-l Zoning District Study in the rewrite effort, as well as propose the incorporation of other new provisions into the documents that solve current or new issues that arise during completion of this major project. Given the format of the proposed Use Matrix, it was a simple task of reviewing each use for appropriateness in the M -1 district as well as adding appropriate restrictions to ensure compatibility with an adjacent neighborhood and roadway corridor. Proposed restrictions to implement, in part, recommendations from that study are indicated by notes #8, #9, #10, and #11 of Section 4. Notes and Restrictions. Staff will continue to monitor the county-wide efforts involving evaluating the shortage of industrial uses/lands for incorporation of applicable recommendations prior to adoption. OTHER NOTEWORTHY CHANGES Preparation of these documents has involved the comprehensive and detailed review of zoning uses, including all allowed, conditionally allowed, or prohibited uses, and identification of any uses currently not addressed by city regulations. Noteworthy are the following additions or revisions involving zoning uses, businesses or activities: . Addition of a Mobile Home Park use and district to accommodate this "endangered" component of an affordable housing program (subject to subsequent establishment of the district and necessary provisions); . Clarification of used and antique merchandise; . New group home provisions more sensitive to the range of potential project sizes and types, state law, and including appropriate distance separation standards; . Specifying commercial uses allowed in the PUD zoning district (code currently only conditions commercial uses upon being those that "serve the needs of the PlJD" and "shall not generally front on exterior and perimeter streets"; . Changing full service car washes to conditional uses, due to varying design characteristics that preclude establis}->,rnent of consistent design standards, and potential impacts on immediate areas; . Addition of provisions to regulate check-cashing businesses, including a size limitation and distance separation standards; . Amendments to simplify and clarify current provisions applicable to a Bed & Breakfast; . Provisions for pet boarding and pet daycare in response to repeated mqumes; . Emphasis that business activities be within enclosed buildings, to prevent impacts on surrounding areas; and . Clarifying provisions for contractors' offices and workshops to properly accommodate them within the C-4 Zoning District. It should also be noted that the proposed regulations may create legal, non-conforming uses; however, staff will strive to identify such businesses as best as possible, to properly inform the Boards and Commission prior to adoption. Non-conforming uses created by use provisions may be more easily determined than if based on other new regulations such as distance separations, which would require intense site by site measurements to determine full impacts of the proposed modifications. SUMMARY/RECOMMENDA TION Staff recommends that the Boards and Commission approve this draft portion of Group 2, including the Zoning Use Matrix, and corresponding Notes and Restrictions. Other portions of Group 2, as well as subsequent groups are still to be delivered in accordance with the proposed table of contents and work schedule, as previously presented. However, any changes and comments proposed by the Boards and approved by the Commission will be incorporated into the document or schedule for ultimate ordinance preparation and processing. MR Attachments S:\Planning\SHAREDI WP\SPECPROJ\LDR Rewrite (2005-2006)\General\Group 2 report - Use Matrix & Notes 5-1-07.doc Section 3. Use Ref!ulations. Except as otherwise provided in this article. regulations governing the use ofland and structures are hereby established as shown in the following Use Matrix (Table 3-1). The Use Matrix is intended to classify uses on the basis of commor functional characteristics and land use compatibility. The Use Matrix indicates eligible zoning districts for the various us based on the exact nature of the use. and detailed requirements which specify permitted uses or any additional application requirements. as well as additional standards (see Section 4. Notes and Restrictions) that may be necessary to justify and establish each use. A. Use Matrix Lef!end. Uses regulated herein are classified in one (1) or more of the following categories: Symbol May 2. 2007 P Permitted Uses (see Definitions. Chapter 1. Article II) - Uses identified with a "P" on the Use Matrix are permitted by right in the district. subject to the additional standards indicated in the "Note" column. and other applicable requirements of this Code. C Conditional Uses (see Definitions. Chapter 1. Article II) - Uses identified \Vith a "C" on the Use Matrix are permitted in the district. subject to approval in accordance with Ch. 3. Art. 4. Section 6. Conditional Uses. and the additional standards indicated in the "Note" column. and other applicable requirements of this Code. A Accessorv Uses (see Definitions. Chapter 1. Article II) - Uses identified with an "A" on the Use Matrix are permitted as an accessory use to a permitted principal use in the district. subject to the additional standards indicated in the "Note" column. and other applicable requirements of this Code. The nature of the principal use will determine the use review authority required to review and approve the accessory use. x Prohibited Uses (see Definitions. Chapter 1. Article II) - Uses identified with an "X" are specifically prohibited in the corresponding zoning district. * Notes and Restrictions - An " * " indicates the existence of a corresponding number in the "Note" column. which refers to additional standards applicable to the use pursuant to Section 4. Notes and Restrictions. J IPUD district - The following regulations are applicable to the Infill Planned Unit Development District identified with a "..j" symbol on the Use Matrix: 1. Uses. Mixed land uses are allowed in the IPUD district. All uses within the "Commercial". "Office & Health Care". and "Arts. Entertainment & Recreational" industry classifications may be allowed in connection with a "Residential" use. 2. Location. Non-residential uses shall only be allowed for developments fronting on streets classified as "Arterial" on the "Functional Classification of Ro adwavs " map in the City of Bovnton Beach Comprehensive Plan. 3. Frontage. Any non-residential use must front on the arterial roadway or on an access wholly contained within the proiect with neither entrances nor exit on or visible from or disruptive to adiacent properties. streets. and rights-of-way. 4. Design. Such development must be found compatible with adiacent uses and establishe design characteristics. JJ PID district - The following regulations are applicable to the Planned Industrial Development District identified with a ".JJ' symbol on the Use Matrix: L Refer to the applicable Permitted Use List for the Planned Industrial Development (Pill) zoning district. B. Use Matrix Rules. The following General Rules are applicable to the Use Matrix: General Rule 1. Except for within the IPUD district and Pill district. a vacant box that contains no symbol signifies that the use category is not allowed within the corresponding zoning district. General Rule 2. All "Commercial" and "Office & Health Care" use groups allowed in the Mixed- Use districts shall be integrated into a mixed-use building or development and mav not occupy more than 50% of the gross floor area of any given building or exceed 30% of the gross floor area of the mixed use development. This requirement does not include Office complexes in excess of 100,000 square feet. General Rule 3. All business activity and uses shall be conducted within a fully enclosed building, unless otherwise specified. General Rule 4. Fire Department Hazardous Material Disclosure: Any use which uses, handles, stores. displays. or generates hazardous materials, hazardous waste, or a toxic substance, as defined by 40 Code of Federal Regulations. Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code. shall require Fire Department Hazardous Material Disclosure in accordance with Part II, Section 9-71 of this code. General Rule 5. Drive-up, drive-through. and drive-in facilities require conditional use approval unless otherwise specified. The facility, including the stacking lanes must not be visible from public rights-of-way when located within the SMU district and MU-L zoning districts. When alternative ingress and egress is available, access should not be from / to an arterial roadway when located within the MU-L districts. Furthermore. these facilities are not allowed, as part of a business listed under the "Commercial" use grOUp, within the MU-H and Pill districts. General Rule 6. It should be noted that each use category may contain additional limitations or restrictions. Please refer to the Definitions (see Chapter 1 ), the applicable zoning district regulations, and the Supplemental Regulations in Chapter 3. Article V. c. Use Matrix. See Table 3-1. Table 3-1 P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = Accessory X = Prohibited -l< CO <r: <r: ""'> ....... N M ""'> rJ':J * (see Legend) 1 <r: 1 Q ....l ....l ....l ::r: ""'> r..:i I Q c.. Q Q ::J I I :) :) U E-< .; (see Legend) ....... ....... ....... ....... N M ::J ::r: - N M "<t :;8 ::J ::J ....... Q 0 ~ I I ~ ~ I e:: ::J :;8 I I I I CO U :;8 :;8 :;8 ~ ~ c:: ::J ~ .;.; (see Legend) ~ ~ ~ c.. U U U U U c.. r:/) c.. ~ Z RESIDENTIAL & LODGING Dwelling, Single- P P P P P P P P A A P 12 family (detached) * * * * * * * * * * X X X X * X X X X 13 16 Dwelling, Two- P P P P P C P P P P P C 12 family * * * * * X . * * . * * * 13 17 May 2, 2007 2 P - Permitted , C = Conditional Residential Commercial Mixed-Use ! Indus ! I A = Accessory I i ! !I X = Prohibited oJ< ~ I -< ~ ....... - N cr. ....... [/'J * (see Legend) -< -< .....l .....l ~ - ....... ~ I I ....:. Q Q :::: Q Q ::J I :::) , C j (see Legend) - - -IN C"'. ~ -IN r<") "1' ~ ::J ::J - 9 0 I I I 02 02 I ::J ~ I I I I CQ U ....... I ~ UJ j j (see Legend) ~ ~ ~ ~ - 0. U U C U U c... [/'J ~ ~ ~ ~ ~ '" 0::' ~ ' Z II , RESIDENTIAL & LODGING continued Dwelling, Multi- I P P P I ~ c P P P P P I p 1 ' family (3+ units) * * * X * * * * * I 13 I , * I * 18 Mobile Home I I ~ I I X I \: I X i X X X Park ~ I . c c C C , I ! ! Bed & Breakfast * * * * C C P P P P C C C I C , P i Hotel & Motel * * * * * . * I * I . 211 , I Group Home I , I I I I' P P P P P , I Type 1 (6 or less i , I 21 . . * . . * I residents) I I I I i Group Home I C ! ! I' P I I I i Type 2 (7 to 14 * . * I 21 residents) I ! : I I Group Home I C C I C I p I P I I I ! Type 3 (15+ I I I * . 1 * * * I residents) , I , : Group Home I Ic I I i Type 4 (special C , i I 21 care, 7-"- * I i * I residents) I i I I I I COMMERCIAL Retail Sales Art, Book, Craft, I ! ! . ~ I I P I I I I Hobby, Music, P i p I I~ p I I' P P P P , Sporting Goods, * I . . . * . & Tovs I i 22 Auto Dealer, New I I X X X P P 15 , * . 23 Auto Dealer, I I , Ix I' P 15 I X X Used I * * 24 Automotive Parts I i P P P P I' I' P P P I P 9 Store I · * * * * * . . . I * : 15 Beer, Wine, & , , i ~ P P II' P P P p 5 I I I I I I I · i ~ Liquor Store i i , * . I * I . . i 25 Boat Dealer! i I I C I X I X Ix I A I I X I Rental I ! * I * I I I I , . I p I , , I ; Clothing & i I I' I' P I' I ! I' P P I' 1 P Accessori es I * * I * I . . I , I I i i I I 5 , I i I' I I' I' i 1 Convenience I I P I' P I' I' I' I' I' I' Store * * I * * . * * * I * . . * I I I I I I I i 27 Cosmetics, I I , ! , I ! I I' , I I' I' i I' P 0 Beauty supply, & * I I' I' pip P - . . ,* i , Perfume I Electronics & I I II' P I I 'P I I' P P I * I P P I' P , I * I P , Appliance Store I! * . * . 1 I i I i I i , , I I I' I I' 1 I florist I p P I' I' I' j P P I' P ~ I I I I * * I * . . I , I I i , I i I I I I I' , I Furniture & P I' P P I' I Home furnishing I I i * I' i P P P * . . . I' . I I! 1 I I i I i I i I May 2, 2007 P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = Accessory -lC X = Prohibited CO rJ) -< -< ....,. ...... N M ....,. -< ~ ~ 0 .....l .....l .....l ::r:: ....,. ~ · (see Legend) , 0 0... 0 0 ;::J ::) , , , U ~ ...... ...... ...... ...... N M :J ::c: ...... N M '<t ::E ;::J ;::J ;::J ...... 0 0 J (see Legend) ~ ~ , , I I 0... :J ::E I I U I CO u ::E :::E ::E :::E ~ p:: :J ~ ~ ~ ~ ~ ...... 0... U U U U 0... rJ:J 0... Z COMMERCIAL Retail Sales continued C C C C C C 7 Gasoline Station . . . . X X X . . 15 28 P C P P P 4 Grocery Store X P X P P . . . . . 5 29 3 Hardware Store P P P P P P P P P P P 5 . . . . . . . 9 30 Health & Personal Care P P P (Eyeglass, P P P P P P P . . . P 5 Vitamins, Hearing-Aids) Home P Improvement P X P . X X X X 4 Center Jewelry, Luggage, P P P P P P P P P P 2 & Leather Goods . . . . 5 2 Marine P P P P P P P P P P P 5 Accessories . . . . . . . . . . . 9 15 31 Merchandise. New (Supercenter, P X P P X X X X 4 Discount, . Department, Club) Merchandise, Used X X X P P X P X X X X X (Consignment, . . . 32 Pawnshop, Thrift) Merchandise, P P P P P P P P P P 2 Used (Antique X X . . . . . . . . . . 5 Shop) i 33 Novelty, Gift, , ! P P P P 2 Souvenir, & i . p p p p P . . . P 5 Miscellaneous , Nursery, Garden p p p p p 3 Ctr, & Farm . . . . . 9 Supply , 34 Office Supplies & P P P P P P P P P P 2 Stationery . . . . 5 Pet Store & P P P P P P P P P 2 Supplies . . . . P 5 Pharmacy & Drug P p P P P 3 Store . P P P P P . . . . 5 ! 35 Specialty Food P P P P P P P P P 3 Store . . . . P 5 COMMERCIAL Services Auto / Car Wash (Polishing, A C C X C X X X X X C 9 Waxing, . . . . . 36 Detailing) May 2, 2007 4 P = Permitted C = Conditional A = Accessory X = Prohibited · (see Legend) j (see Legend) Auto I Car Wash, Self-serve Bav Automobile Rental Automotive, Minor Repair Automotive, Major Repair Automotive Window Tinting I Stereo Installation I Alarms I Bar & Nightclub Caterer Check Cashing Coin-Qperated Laundry Day & Trade Labor Pool (Temporary Help) Dry Cleaner Funeral Home Locksmith Personal Care (Beauty, Hair, Nails) Pet Care (Boarding and Davcare) Pet Care (Grooming) Pet Care (Veterinary Services) Photography Studio Postal! Mail Center Repair I Maintenance, Personal and Household Goods Repair, Rental, & Maint of Horne I Garden Tools Repair, Rental, & Maint of Office, Horne Equip May 2, 2007 o::i -< "f ..... ~ -< -< I ..... ~ Residential -< I ~ ..... N M ~ ~ ~ I I I I -, Q Q ~ ~ e::: 0... c.. ::r; ~ ..... U Commercial ! i II , ,-.., N M ~ CO U U U u COMMERCIAL Services continued X X P p IC I ~ I I , I P P A . I' ,. p x c A : P . I. , IA I · I I IA I · i I I I C I P I. . I i I I C P I Ie Ic pip P P x I p I · ! Ix I p p I x p I) c p i P ,p . I. P p . pip I c Ie I . I' I p pip p p . p p p p p PIP I I I ~ I p I PiP C I x p c p P P P p P i x x C P x P x P I ~ I PIP P C P P . P P pip p C c i x . c C P P P x P p c P p P p Q U 0... C I X p p -- ~ [/'J x x C p x I c I I p p PI' I ~ P 1 I Mixed-Use T 1 ;:j , r", .....J , ~ ~ ..... , ~ ~ ~ x x Ix I , x x I ~ ~ x IX I x x x I x X I x X x x C c x Ix I I i PIP . I * I I Indus Misc 1-, i Ii ""> i ~:.~ ~I ~ II ~ ..... ::) ~ c , ~ C ' . I I I P i . I I p i * I ! P II I I P ! I :1:ipl~LI oj< [/'J "'" .... ;.. '-' Z II g ~~ ]1 39 ] 2 -l ~ I P = Pennitted Residential Conunereial Mixed-Use Indus Mise C = Conditional A = Accessory ;c X = Prohibited c::o "'-> r/J <: <: "'-> ...... N r<) r.il 1 <: 1 0 -l -l -l ::t "'-> · (see Legend) I 0 ~ 0 0 ::l I I I I ...... ~l ...... ...... ...... ...... N r<) ::l ::l ::t ...... N r<) '<:t c::o u ::8 ::J ::J ::J ::J I 0 ::l j (see Legend) I I I I ~ I e: ::8 I U U I ::8 ::8 ::8 ::8 ::8 ...... ~ ~ ~ ~ ~ ~ U U U ~ r/J ~ ~ COMMERCIAL Services continued A P P P P P P P P P P 3 Restaurant . . . . . . . . . . . 5 49 I Restaurant, Take- P p P P P P P P P P P P 3 out . . . . . . . . . . . . 5 9 P P P P P 2 Travel Agency * . P P P P P . . . P 5 50 Tuxedo, Fonnal P P P P 2 Wear, Costume . P P P P P * . . P 5 Rental Videos, Games & P P P P P P P P P P 2 DVD Rental . . . . 5 OFFICE & HEALTH CARE Bank and P P p P P P P P P P P 2 Financial Office . Business or P P I Professional . P P P P P P P P P P . 6 Office Copying, P P P P P 3 Printing, and Sign P . P P P P P . . . p . 5 Design 9 Counseling P P P P P P P P P P P 2 . . 6 Diet I Nutrition P P P P P P P P P P 2 Center . . . . 5 Hospital p Infonnation & P P P P P P P 2 Data Processing . Investigative P P P I Service . p . p p p p P P P P . 2 6 Medical or Dental C C P P P P C C C P P 2 Imaging I Testing . . 6 Medical or Dental P P 11 Laboratory . Medical or Dental P P P P P P P P P P P 2 Office . . 6 Real Estate P P P P P P P P P P P Business Temporary p Employment P P P P P P P P P P . 6 Agency PUBLIC & CIVIC USES Cemetery P Church C C C C C C P P P P P P P P P P P P 14 . . . . . . . . . . . 51 Community P P P P P P P P P P P P P P P P P P P P P Facilities . . . . . . , . . . . . . . . . . . . . . P P P . 52 Essential Services p p P P P P ! P P P P P P P P . . . . . P P P P P P P P P P 53 I Organization, , P P P P C C C C 5 Civic & Fraternal . . * . . . . . 54 May 2, 2007 6 P = Pennitted C = Conditional A = Accessory X = Prohibited · (see Legend) J (see Legend) Post Office Adult Entertainment Entertainment, Indoor Entertainment. Outdoor Gym, Fitness & Health Cub Marina, (including Yacht Club) Martial Arts, Gymnastics, and Dance Studio Museum, Historical & Cu ltura] Rentals, Recreational (bicycles, canoes. personal watercraft) Shooting Range, Indoor Slghtseemg & Scenic Tours , Theater , College, [' University, Seminary Day Care School, Other School, Primary and Secondary School, Technical & Trade Tutoring / Institutional Bakery, Commercial Beverage Mfg May 2, 2007 OJ < ~ - ~ -< <;: -< ~ Residential -< I - ~ - N M ~ ~ ~ I !""""> C: C: ;::) == 5:: Commercial ~ ::!: ::E N I U "':' u "'1' U C: ~ ;:J ~ (/) Mixed-Use N cr, .....l .....l .....l ;:) ;:) ;:) ~ ~ ~ - -< , ;::) ::E , lil MISC I' ,I' ,.-----11 I I' Ii ~ i "'"> i i' (/) i -.." I : ii:.J I': ~ I ~ Ii ~ II ~ I - u Indus I ~ 11 X C C X C C . X X X ARTS. ENTERTAINMENT & RECREATIONAL C ' · i I I X i X X PIP i' P * I * * I i i ' I PiP P . '* I I I I C C c C C Ic . I I X X X I pip I P p,pl~l~ Ii' I I I ! X C C x P p p e X ! X i ~ I X Ii X X ~~ I P I' p , 'I r----T-i' , I - , · ! * I : Irl~~ I I'~, 1 If-l-I:' I pIp I, ! II' _ i *:* 1m, ! WL~: pip 1',1 ,i I !II !?, ',:..,.,: * I' i i W~C:J 1 . I' II I 2 I: I' ' I 'I : ' ~ ~~: ~i Ii 1:11 I ~~' ;)8 1,'1 1 i Ii PIP i IIHP JLi I;,' P P Ii I I II III .' . H-+Jd ;"1 ! p r-iiH, i~1 :i~ :1:111' ! II ~, II~oi * * I * O]'uUI 61 ' P i ~ I P P , I ~ I ~ I C . I I I I , P I * X x P P Ie P P I P I' * I' . C P P p p I I P I . I pip I . PiP I c ! pip p P pip P P P INDUSTRIAL Manufacturinl . Fabrication. and Processin~ I I I I I : : I ! p p pip I I I' . i i_ p ,I' i I' I' l' , * * . I * i p p p I I I EDUCA TIONAL 1 I I pip I pip I I 1 c c C Ie e , , , I I I , P ,P ,P I , i pic ! , ! I I , I i Plpiplplelp i i ~ p ~ I ~ p P : i I P , Pie I I : 1 P P P * * . I pip I C 11 ! 62 : p i4 p il p c ~ : I Ii p I II. I ! 11 p I I I. I II I 10 i r-' I 10 P = Permitted Connnercial Mixed-Use Indus Mise C = Conditional A = Accessory oj< X = Prohibited i:O ""'> rJ:J < < ""'> - N r') < < ~ 0 -1 -1 -7 ::r: ""'> r.l · (see Legend) I I 0 c... 0 0 ;:J ::) ::) I - U E-< - - - - N "" ;:J ;:J ::r: - N "" ~ a:l U ::;s :::J ;:J ~ 0 ;:J ;;2 0 J (see Legend) I I ~ I I I c... ::;s U I I I ::;s ~ ::;s ::;s - ~ ~ ~ ~ ~ - c... U U U U c... [/.) c... c... Z INDUSTRIAL Manufacturine:, Fabrication, and Processine: continued Converted Paper P Product . 11 Processing Dairy Products P 10 Mfg . Electrical Equipment, P Appliance & . 11 Component Assembly Food Processing P 10 . Footwear & Other P 10 Leather Products . Frozen Food P 10 . Furniture P 8 Products . 10 Glass Products P 10 . Ice Cream & P 10 Frozen Dessert . Jewelry Mfg P 10 . Medical P Equipmenl & , . 10 Supplies Metal, Fabricated P 8 Products . 10 Motor Vehicle P Seating & Interior . 10 Trim Ornamental, China, Fine P 8 Earthenware, & . 10 Pottery Paint, Coating & P 11 Adhesive . Phannaceutical & P 10 Medicine . Plastic Products P 8 . 10 Rubber Products P 8 . 10 Soap & Toiletry p 10 . Sporting Goods P 10 and Tovs . Stone cutting & P 8 finishing . 10 Textile Products P 10 . Wood Products P 10 . May 2, 2007 8 P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = Accessory X = Prohibited c:l < < ...., N cr. - <;: < 1 Q Q 0., Q 0 ;:J , ~ ~ , · (see Legend) , - - - r; r<", >-, :r: - N r<) "'1" ~ >-, >-, ;:J -' ;:J CO U -' -' -' ~ J (see Legend) ~ , ~ ~ ~ 0., ~ , 0 , J ~ ~ ~ ~ ~ ~ >- 0.. ::.., U U 0., r:/) Packing & Shipping, 8 Trucking, and 11 Movin Storage, Boats I Motor I A ]5 Recreational I . Vehicles 63 Storage, Self- I C C I c c p X X X X X X X ] 5 Service 64 Warehousing C P ]] 65 C 1 p 8 Wholesale Trade X X X X X X ]1 66 I INDUSTRIAL Services ! I I II T p 11 Boat Repair I I ! I . 67 Carpet and I P P P ]1 , p 1] Upholstery . . . ] I . 68 Cleaning Services I , , ! P , , I ! , P I ](1 ContraclOr I i . I i . i 69 Dry Cleaning I i I ! p I 8 I I . Plant ] I i , II 1 Exterminating I i : ! I p I] , I ! ! ] 70 , and Pest Control ! I , ! P Janitorial ! p - I Lawn I ! I I I I ! Maintenance & I I ] P I I Landscaping ! I I . , 71 I I I I I Service Publishing & I I ! I I I p i I Commercial I I I , I . I Iii Printing ! Radio & TV I P P P P P P i Ii ~ i Broadcasting . . . . . . i Recording Studio I P P P P I II p I Rental I Leasing, I I I Industrial & ! P 11 Commercial I . I I Eauioment I , ! Repair I I ! i Maintenance, ! I I p Industrial & , ! 1 ~ i . Commercia] i i 74 Eauioment ] i i Research & I I Development, i i P 75 Scientific I , , i . , i Technological , Security Services I I ! p I p p ! p ! I I Sewer I Septic & I I I I Ii i: Waste Mgmt I I I , . 76 Cleaning I , , i May 2, 2007 l) P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = Accessory -lC X = Prohibited CO rJl -< -< '> - N M '> <;: -< -< 0 ....l ....l ....l ::c: '> ~ · (see Legend) I I 0 0... 0 0 :J ;:) ;:) ;:) ;:) - U ~ - - - - N M :J :J ::c - N r", 7 CO U ~ I 0 :J o:l 0 j (see Legend) I I I I I I e:: ~ U U I I ~ ~ ~ ~ ~ ~ 0:; 0::: 0:; 0:; 0:; 0:; p.. U U U 0... IZl 0... 0:; Z INDUSTRIAL Services continued Taxi, Limo, ! P P P C P P 2 Charter Bus . . . . . . 11 77 Testing P 11 Laboratory , . Towing, Motor P 8 Vehicle . 11 i 15 Section 4. Notes and Restrictions. 1. General Note a. PUD district. Commercial Non-residential uses located in a PUD must serve the needs of the PUD and not the general needs of a surrounding area. Areas designated for commercial activities shall not generally front on exterior or perimeter streets, and shall be preferably centrally located within the project~ unless these criteria ....Iould be i-Rconsistent '.'lith, or oontraryto, adopted redevelopment plans. In instanees where a PUD in the Community Redeyelopment .\rea includes oommeroial uses, it shall be de'leloped oonsistent with adopted design guidelines or requirements oontained in redevelopment plans. 2. General Note a. PUD district and I or C-2 district. Gross floor area shall not exceed 5,000 square feet. 3. General Note a. PUD district and I or C-2 district. Gross floor area shall not exceed 10,000 square feet. 4. General Note a. SMU district. Buildings greater than 80,000 square feet shall require conditional use approval. Maximum footprint is 120,000 square feet. Building elevations shall are-te be enhanced with appropriate design elements to break up wall expanses (i.e. articulation, windows, columns, varied rooflines, etc.). 5. General Note a. MU-Ll district. b. MU-L2 district. c. MU-L3 district. Allowed only on lots fronting on arterial or collector roadways. Allowed only on lots frontinl;!: on arterial or collector roadways. Allowed onlv on lots fronting on arterial or collector roadwavs. 6. General Note a. MU-H district. Not encouraged as a first-floor use. May 2, 2007 10 May 2, 2007 7. General Note a. "Mixed-Use" districts. development. All uses allowed shall be integrated into a mixed use building or 8. General Note a. M-l district. As a principal or accessory use, it is allowed if there is a minimum separation of three hundred (300) feet between the use and a residential zoning district. Said distance shall be measured in a straight line from the property line of the subiect use to the property line of the residential zoning district. 9. General Note a. M-l district. This non-industrial use is allowed within the M-l district but it shall only be located on a lot or leased parcel that fronts on an arterial or collector roadwav. 10. General Note a. M-l district. This industrial use is allowed on an arterial or collector roadway within the M- 1 district only if the establishment has an accessory commercial component to the operation. This establishment will be required to meet the following criteria: (1). Location. The accessory commercial component shall be located 'Within a building situated on a lot or leased parcel that fronts on an arterial or collector roadway; and (2). Interior. An indoor showroom of at least 250 square feet shall be required for establishments 25,000 square feet or less. An indoor showroom area of at least one percent (l %) of the gross floor area shall be required for establishments greater than 25,000 square feet. 11. General Note a. 1\1-1 district. This use is allowed within the 1\1-1 district but it shall not be located on a lot or leased parcel that fronts on an arterial or collector roadwav. 12. Home Occupations a. All districts. Home occupations shall be permitted subject to these specific regulations designed for the protection of residential neighborhoods, where all of the activity takes place within a structure, and where the principal use is for residential purposes. In order for any home occupation to be permitted or continue to be permitted, the following performance standards shall be agreed to in writing by the applicant and be maintained for the duration ofthe occupational license: (1). Compatibility. The residential character and integrity of the neighborhood must not be disturbed and the occupational activity at the home shall not be noticeable from off the premises. (2). Size. A home occupation shall only be conducted within twenty (20) percent of the living area of the dwelling including interior halls, closets and storage areas, but excluding garages, screened porches, accessory buildings or any similar space not suited or intended as living quarters. (3). On-site Restrictions. The home occupation shall be conducted at the licensed address only by residents of that dwelling unit and shall only be the type of occupation which does not involve client business visits to the home, and is typifi( by business transactions conducted by telephone, mail, or off premises of the licensed address. (The giving of individual instruction to one (1) person at a time. such as an art of piano teacher, shall be deemed a home occupation). ] 1 May 2, 2007 (4). Performance Standards. No equipment or process shall be used in a home occupation which creates fumes, glare, noise, odors, vibration, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. (5). Traffic. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home occupation shall be met by off-street parking which complies with Chapter 4. Article VI Chapter 23, Parking Lots. (6). Storage. All storage of materials or supplies used in the home occupation shall be done within the living area of the dwelling unit, within the space limitations specified in subsection 2 above and shall not be visible from adjacent residential units. Contractors, tradespersons and the like shall not use their home garage or yard areas for storage of materials and supplies used in business activities. (7). Signage. No sign or display shall be visible other than a non-illuminated sign, not exceeding two (2) square feet in area, placed on the exterior wall of the residence as close as practical to the front entrance. (8). Parking. A panel, pick-up truck, van, or similar type of truck, not to exceed a ffi'ef one ill ton chassis configuration, may be parked in a residential zoning district. However. such &iefl vehicle, however, must be used by a resident of the premises, and no more than one (1) such truck shall be located on each plot. (9). Miscellaneous. A home occupation shall be subject to all Business Tax o0oupationallicense provisions defined in Part II. Chapter chapter 13 of the Boynton Beach Code of Ordinances. 13. Live-Work Units a. SMU district. c. LiTle/'Nork Units. This subsection provides for the use of residential structures to accommodate live/work opportunities. Live-Work Units shall be specifically 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 Seotion 11.D of this ohapter. (6) Site Plan Requirement. All respective site plan pages shall identify all proposed Live- Work Units and buildings. Live-Work Units shall be tallied in the site plan tabular data. (1). Location. tEl1 To minimize impacts to the greater neighborhood, units planned for Live-Work Units trSe5 shall be located at the perimeter of the residential project or along the project's principal roadway, and/or where possible, adjacent to perimeter/external rights-of-way. (2). Use(s): (2) Permitted Uses. Non-residential uses that are permitted in Live- Work Units are generally limited to professional service, business service, or tutoring services. A listing of common uses permissible in Live- Work Units, subject to issuance of occupational license are located in subsection 16 below. No work activity shall be permitted that by virtue of intensity or number of employees has the potential to create impacts by reason of traffic, parking issues, hazardous materials, or excess waste. The following list identifies the permitted uses within designated Live-Work Units. subiect to Business Tax requirements: BUSINESS SERVICE Addressing service/mailing list compiler Arbitrator, mediator services Cleaning services, maid, housekeeping, janitorial Commercial artist/design studioZCommercial photography Computer programming service 12 May 2, 2007 (3). Computer software development Data processing Direct mail advertising services Editing, proofreading, typing service Paralegal Party supplies, rental/leasing (office only, no storage on site) Private investigator Recording service Secretarial service Boat broker (office only) PERSONAL SERVICE Alteration, dressmaking shop, tailor PROFESSIONf.L SERVICE Abstract and/or title company Accountant/income tax services Adjusters, insurance Advertising office Appraiser Architect Attorney Auctioneer (office only) Author Broker Business analyst Calculating and statistical service Court reporting/stenographers Credit reporting Engineer's office Importer/exporter (office only) Insurance agency/bond office Interior decorating Loan company office Market research office Model agency Notary public office Public relations office Real estate sales/management office Travel agency OTHER USES Tutoring or instruction (academics, music. art) Art studio with ancillary sales Floor Area. The minimum floor area of a Live- Work Unit shall be 1.000 square feet. No more than 750 square feet of the Live- Work Unit shall be reserved for living space. including kitchen. bathroom. sleeping. and storage areas. The remaining grOSS floor area of each unit shall be reserved and regularly used for sleeping space. (1) Unit requirements. (a)No more than 30% or four hundred (400) square feet, whiohc','er is greater, of the Li1'C Werk U"it shall be utilized for working space. ''''orking space shall be located on the ground level and shall not utilize garage or living spaces. Construction. B7) 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 requirements for mixed occupancy buildings. Each unit. includir the garage, shall be separated by walls from other Live- Work Units or other uses ],. the building. (4). ] 3 May 2, 2007 (5). Accessibility. Eej Buildings designated as Live- Work Units 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 adjacent to the street. (6). Miscellaneous. (3) Oocupancy and Employees. No more than two (2) on-site employees, in addition to the resident(s) of the Live-Work Unit, may 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. Acknowledgment, in the form of an affidavit, of the employee limitation shall be made by the unit resident, at the time of application for an occupational license. The work area shall not be rented separately from the living space. b. MU-L1 district, MU-L2 district, MU-L3 district, and MU-H district. The following restrictions apply to proiects within zoning districts that contain Master Plans approved for Live- Work Units: (1). Floor Area. The minimum floor area of a Live-Work Unit shall be 1,000 square feet. No more than 750 square feet of the Live-Work Unit shall be reserved for living space, including kitchen, bathroom, sleeping~ and storage areas. The remaining rest of the gross floor area of each unit shall be reserved and regularly used for sleeping space. (2). Use(s). e. Permitted '.vode aoti'/it)'. The work activity in a building where Live / Work Units are allowed shall be any use permitted by right in the zoning district, except that in order to protect the health and safety of persons who reside in a Live- Work Unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes. (3). Construction. e Each Live-Work Unit shall be a separate unit from other uses in the building. (4). Accessibility. Access to each Live- Work Unit shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building. (5). Separation. Each Live- Work Unit shall be a separate unit from other uses in the building. Access to each Live- Work Unit shall be provided from common access areas, common halls~ or corridors, or directly from the exterior of the building. (6). Miscellaneous. f. No conversion of units. At least one ill resident of an individual Live- Work Unit shall maintain a current business tax receipt occupational lieeftse for a business located in that unit. g. No separate sale or rental of portions of ffiHt:. No portion of a Live-Work Unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person not working in the same unit. h. No con'.'ersion of ~ No Live-Work Unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all Live- Work Units in a single structure to exclusively residential use shall be permitted, where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be permitted where the live portion of the units is the only residential use in a project. 14. Non-residential uses in Sinele-familv Residential zonine districts a. R 1 i~1"Aj'1 district, R-1-AAB district, R-1-AA district, R-I-A district, and R-1 district. The following applies to facilities to be located within zoning districts limited to single: family homes. (1). Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: arterials and collectors. (2). Lot size. One (1) acre. (3). Frontage. A minimum frontage of one hundred-fifty (150) feet. 14 May 2, 2007 (4). Landscaping. A minimum buffer width of five (5) feet and a Jandscapmg barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. (5). Separation. Distances between residential properties and outdoor play are2C shall be maximized. 15. Prohibited Activitv a. Major and minor motor vehicle or boat repair, including oil changes, adding of oil or lubricants, and installation of new tires, is prohibited in public parking lots or spaces, and commercial parking or loading areas and is declared to be a public nuisance. Commercial property owners engaged in the sale of motor vehicle or boat parts, oils, or lubricants. shall post notices within their premises in close proximity to check out counters or exit doors notifying customers of this prohibition. Violations of this provision of the code is subject to enforcement through code enforcement action, nuisance abatement action, municipal ordinance violation, or action for injunctive relief. Law enforcement officers are authorized to issue notice to appear for violation of this section. (Ord. No. 99-01, S 1, 1-5-99) /.RTICLE III. PROHIBITED ACTIVITY Sec. 1. Prohibited activity. 16. Dwellinf!. Sinf!le-familv (Detached) a. C-1 district. A single-family occupancy is a permitted accessory use when it is incidental and necessary to an allowed maffi commercial (principal) use is permitted. b. C-2 district. A single-family residence, incidental to a permitted, commercial use, located on the same lot as the commercial use. Such residence shall have a minimum living area of 750 square feet and shall be limited to occupancy by the property owner or business owner / operator. c. PID district. Single-familv and Duulex-Residentia1 uses are prohibited. 17. Dwellinf!. Two-familv a. C-3 district and peD district. Shall comply with the R-L :R:--; district regulations. b. PID district. Single-family and Duplex-Residential uses are prohibited. c. MU-H district. Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for non-residential uses. 18. Dwellinf!. Multi-family a. C-3 district and PCD district. Shall comply with the R-3 district regulations. b. MU-H district. For those properties with frontage on an arterial road, a Multi-(amih Dwelling is allowed as a permitted use ifthe ground floor fronting the arterial is devoted to office or retail use. Otherwise #-is-a conditional use approval is required. 19. Bed & Breakfast Section 16. Bed and breakfast. .^.. PUR..DOSE. It is the purpose of this section to providc a minimum set of standards to a11o'.'.' bed and breakfast establishments within certain zoning districts of the city, ,,,,hile setting forth critcria to differentiate them from boarding or rooming houses. Bed and brcakfast establishments shall be approved through the Department of DCTo'elopment and City Commission by special land use and building permit procedures. B. REGULATIONS .-\ND STANDARDS: 1. "Bed und breakfast establishment" shall bc defined as follows: A private O'ovm occupied residence having more than three and less than ten guest bedroom units. The bed and breaHast establishment is subordinate and incidental to the main residential use ofthe building. 15 2. In addition to the requirements of the underlying zoning district, all other applicable general regulations, parking regulations, speoial conditions imposed through the conditional use prooess, and looal, state and federal building oodes, the folhtVing requirements shall apply to bed and brealcfast establishments: a. Each applioation to the Department of DeT;elopment shall be accompanied by: (1) A detailed sitc plan illustrating the location of all structures and improvements, parking, buffering, landsoaping the location of guest rooms/units and guest parking spaces and signs shall be submitted for conditional use approT/al by the city. (2) Floor plans dravm to soale showing each of the guest units to be designated and the access to, and egress from, each such unit. .^Jl '.valls separating guest units in a structure shall be firegunrded to the t';/o hour time limit. (3) 'Nhere exterior changes are proposed, an elc';ation, or other visual representation, of the faoade to be changed sufficient to show the architectural oharacter of the dv/elling is maintained as a single family struoture. Efforts should be made to en sUcre the structure is oonsistent '.'lith the integrity of the neighborhood in which it is looated. b. Zoning restrictions: Sl:leh facilities shall be allowed only upon land that is zoned for residential structl:lfes. a. Generallv. c. Licenses and permits: Prior to the +he establishment and operation of a Bed & Breakfast. shall obtain all required business licenses and health permits aHd shall be obtained in compliance otherwise comply with all building, sign, sanitary and fire codes. Prior to the issuance of a business tax certificate an oocupationallicense, which shall be renewed annually, the City Building Offioial shall conduct an inspection of the property to determine compliance with the current requirements of the City's regulations. Land Development Regulations and State Building Codes. and conditions of approval. d. Parking: Required parking spaces shall be oalculated on the basis of one space per each employee, manager or O'Nner and one parking space for each guest room/unit. Ne'Nly created parking may be located only in the rear and side yard. b. Interior. (1). Common Area. e. Common .^..rea: Within each Bed & Breakfast bed and breakfast establishment, a separate common area~ must be provided for both a central dining area and for at least one illsitting / reading / discussion room. (2). Rooms. f. Number of units: The number ofbedroorns and bathrooms are to remain unchanged unless modifications are necessary to comply with Building. Fire. and / or Health Codes provided should be as (misted when the struoture was originally oonstructed, induding additions, unless modifications are necessary to oomply with Building, Fire, and / or Health Codes. c. Miscellaneous. g. Restrictions on use and employees: (1). Cookinl!. fB Except as hereinafter provided, there shall be no cooking facilities or food storage in any guest unit. Breakfast shall be the only meal provided for paying overnight guests. The breakfast meal shall not be served after 11 :00 a.m. (2). Maximum Stav. ~ The maximum stay for each ~indiyidual \vho is using the facility shall be 14 consecutive days and not more than 14 days during any 45 day period. The owner and / or manager shall maintain a guest book, which accurately identifies all guests customers for each night's lodging. This register of guests shall be available for city inspection to City Inspectors during reasonable business hours. May 2, 2007 16 May 2, 2007 (3). Owner. fB The ovmer of the Bed and BreaAfast establishment must reside in the inn or elsewhere on the premises. h. 8ignagc: All signs shall conform to the regulations of the underlyin;; zoning district. (4). Retail Sales. 1-:- Items for sale: Commercial social events and sale an or display of merchandise are is prohibited in the Bed & Breakfast bed and brealcfast establishment. (5). Kitchenettes. j-;- Existing kitchenettes within one ill or more guest units of a bed and breakfast establishment are considered within the scope of this section and will not have to be removed. (Ord. No. 98-42. S 1-2. 12-1-98; Ord. No. 00-47, S 1-2,9-19-00) 20. Hotel & Motel (includes BoutiQue, Extended-stay, Apartment, Timeshare Apartment) a. C-3 district. Timeshare Hotel shall comply with R-3 district regulations. Boutique Hotels are not listed as permitted uses. b. C-4 district. Boutique Hotels and Timeshare Hotels are not listed as permitted uses. c. CBD district. Apartment Hotels require conditional use approval. d. PCD district. Timeshare Apartments shall comply with R-3 district regulations. Boutique hotels are not listed as permitted uses. e. SMU district. Hotels require conditional use approval. Apartment Hotels, Boutique Hotels, and Timeshare Apartments are not listed as permitted uses. Motels are prohibited uses. f. MU-L1 district, MU-L2 district, and MU-L3 district. Timeshare Hotels are not listed as permitted uses. Boutique Hotels and Motels are prohibited uses. g. MU-H district. Boutique Hotels require conditional use approval and must be integrated into a commercial or mixed-use development and not exceed 30% of the gross floor area of the entire development .Furthermore, Boutique Hotels tllilst be integrated into a commercial or mixed use development and not exoeed :,O~(, of the gross floor nroa of tho entire de'.'olopmer constructed '.vithin the same structure as the remaining commercial or mixed use developmeL Apartment Hotels and Timeshare Apartments are not listed as permitted uses. Motels are prohibited uses. 21. Group Home Types 1 throueh 4 a. Tvpe 1. (1). Interior. (a). Common Area. At least 10% of the total floor area shall be devoted to a common area. exclusive of halls. corridors. stairs. and elevator shafts. wherein a variety or recreational or therapeutic activities may occur. (b). Rooms. Residents' rooms or suites shall. in no case. have kitchen facilities available for the preparation of food. (2). Desien. For new construction. the facility shall have building elevations that are residential in character and similar in appearance to the surrounding neighborhood. They shall not be institutional in appearance. (3). Separation. Shall be located not less than 1.000 feet from another GroulJ Home (regardless of Type) as measured by direct distance between property lines. Where these facilities are currently located at less than this minimum distance. such facilities shall not be expanded. Types 2, 3, and 4. (1). Interior. (a). Common Area. At least 10% of the total floor area shall . devoted to a common area. exclusive of halls. corridors. stairs. anu elevator shafts, wherein a variety or recreational or therapeutic activities may occur. b. 17 May 2, 2007 (b). Rooms. Residents' rooms or suites shall. in no case, have kitchen facilities available for the preparation of food. (2). Separation. Shall be located not less than 1,000 feet from another Grouo Home (regardless of Type) as measured by direct distance between property lines and not within 600 feet of property zoned for single-family dwellings. Where these facilities are currently located at less than this minimum distance, such facilities shall not be expanded. 22. Art, Book, Craft, Hobbv, Music, Sportin2 Good, & Toy Store a. C-2 district. Gross floor area shall not exceed 5,000 square feet. The sale of ammunition or firearms is prohibited. b. CBD district. Bait and tackle shops are permitted as an accessory use to Marinas. includinf! Yacht Club. c. "Mixed-Use" districts. The sale of ammunition or firearms is prohibited. 23. Auto Dealer, New a. MU-L3 district and MU-H district. Shall be part of a mixed-use development. Indoor storage / display only and shall not exceed 10,000 square feet. This use excludes Automotive, Minor Reoair. and Auto Car / Wash. Conditional use approval shall be required if all or a portion ofthe inventory is located within a parking garage / structure. (1). Access. Shall not be directly from any major roadway (2). Stora2e. No outside storage of materials, parts, and vehicles. (3). Desi2n. Overhead doors shall not be visible from any major roadway frontage. (4). Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site. 24. Auto Dealer, Used a. MU-L3 district and MU-H district. Shall be part of a mixed-use development. Indoor storage / display only and shall not exceed 10,000 square feet. This use excludes Automotive. Minor Reoair, and Auto Car / Wash. Conditional use approval shall be required if all or a portion of the inventory is located within a parking: garage / structure. (1). Access. Shall not be directly from any maj or roadway (2). Stora2e. No outside storage of materials. parts. and vehicles. (3). Desi2n. Overhead doors shall not be visible from any major roadway frontage. (4). Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site. 25. Beer, Wine, & Liquor Store a. All districts. Subject to the provisions of Chapter 3, Alcoholic Beverages, Part II, of the City Code of Ordinances. b. C-3 district, CBD district, and PCD district. Conditional use approval shall be required if located within 200 feet of a residential zoning district. 26. Boat Dealer / Rental a. C-4 district. Boat Dealer / Rental, as a principal use, shall exclude the repair or service of vessels on the premises. Excluding repair or sCI'Vice on premises. A Boat Dealer / Rental is allowed as an accessory use to a Marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on-site. b. MU-H district. Boat Dealer / Rental is allowed as an accessory use to a Marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be 18 May 2, 2007 permitted on-site. In conjunction with a permitted marina uc;e. Storage display allowed only In wet docks or indoor not to exceed 10,000 square feet. The sales, rental, service. repairs, and storage of marine trailers are prohibited. The sales, rental, service, repairs, and storage of marine trailers are prohibited. Marine customizing, detailing, service, parts, or repair is also prohibited. 27. Convenience Store a. All districts. Subiect to the provisions of Chapter 3, Alcoholic Beverages. Part II, of the City Code of Ordinances. b. PUD district. C-2 district. C-3 district. and C-4 district. Conditional use approval shall be required if located within 200 feet from a residential zoning district. c. CBD district. Shall exclude drive-through facilities. d. M-1 district. Gross floor area shall not exceed 10,000 square feet. Conditional use approval shall be required if located within 200 feet from a residential zoning district. 28. Gasoline Station L. COMMERCL^..L EST.'\BLISHMENTS ENGl.GED IN THE RETAIL S.\LE OF G.^.SOLINE OR GASOLI1'IE PRODUCTS. 1. Purpose. The purpose of these regulations is to establish development standards for oommercial establishments whioh engage in the sale of gasoline, or other motor fuels. These regulations are intended to cover businesses of any type, including convenience stores and automotive servioe stations. The de'.'elopment standards established by this seotion \vould overlay the development criteria stated in the zoning district in which these uses are allowed. Businesses, '.vhich engage in the sale of gasoline or other motor fuels, shall require conditional use approval. a. All districts. (1). Location. Gasoline Stations, operating as principal uses are only allowed on properties located at intersections of rights-of-way consisting of four (4) or more lanes as designated by the Comprehensive Plan, excluding Local Streets. A maximurr of two (2) Gasoline Stations shall be allowed at each intersection, and located L diagonal corners. A Convenience Store with retail gasoline sales is considered to be a Gasoline Station and is therefore. restricted to these location requirements. All Gasa!inc Stations, not determined to be ancillary uses, shall be located only at the intersoction~ of any combination of as designated in the Boynton Beach Comprehensi'.'e Plan the follo\ving roads: (a). County arterial; (b). State arterial; (c). Local colleotor, or (d). County collector. (e). ~ Gasohnc Station dispensing establishment c;hall only be located at any intersections consisting of roads of four (1) lanes or wider. (f). The maKimum number of Gtlsa!inc Sttltisns dispensing establishments looated at any intersection shall be t'.vo (2). Gssolinc Statians dispensing establishments shall only be located at diagonal comers of permissible intersections (2). Lot Size. Minimum J*et lot size: thirty thousand (30,000) square feet. (3). Frontage. Minimum street frontage: one hundred seventy-five (175) feet on each frontage measured from the intersecting right-of-way lines of the public streets. (4). Access. (a). Only one (1) access driveway is allowed from each major street frontage. Driveways shall be located a minimum of 50 feet from the intersection unless county or state standards require a greater distance. (b). Driveways shall be a minimum of thirty (30) feet and a maximum ( forty-five (45) feet in width; (c). Driveways shall not be located less than thirty (30) feet from any interior property line; 19 May 2, 2007 b. (5). Setbacks. (a). No canopy shall be located less than twenty (20) feet from any property line; (b). No gasoline pump island shall be located less than thirty (30) feet from any property line; (6). Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside. (7). Design. (a). All Gasoline Stations located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. Gasaline shall oonform to the oommunity design plan; (b). All Gasoline Stations shall conform to the community design plan; ( c). No Ga.soline Skltifms shall be permitted to ad'/ertise proooct prioing on the site sign identifying the primary tenant or oooupant. Except for where otherwise approved on a Master Sign Program, Gasoline Stations shall only be permitted to advertise on signage located within the property boundaries. (8). Landscapin2. See landscaping standards in Chapter 4. (9). Lighting. See lighting standards in Chapter 4. C-2 district, C-3 district, C-4 district, and PCD district. (1). Use(s) Allowed: A Convenience Store. Auto / Car Wash. Automotive. Minor Revair. and Automotive Window Tintinf! / Stereo Installation / Alarms are allowed as accessory uses to Gasoline Stations. (2). Setbacks Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a). Building Pront (and side comer) - 35 feet; (b). Building Side - 20 feet; (c). Building Rear - 20 feet; (d). Automated Car Wash - The entrance to an automatic car wash shall be setback no less than a building '."herein motor ';ehicles are washed by meohanioal means shall be loeated a minimum distance of seventy-five (75) feet from the street lffies in order to provide for an area of vehicular queuing (stacking) to provide an off street area of '.vaiting vehioles. Car '.'lashes shall be a permitted accessory use at gasoline dispensing establishments. An accessory Auto / Car Wash Ca.r ~va.shes shall be fully automatict and recycle all water used in the car washing process. (3). Separation. Distance separation requirements. No Gasoline Station gasoline diSflensing establishment shall be located within two hundred (200) lineal feet from a residential zoning district structure. Distances for the purpose of this subseotion shall be measured from the boundary line of the parcel on ...A1ich the gasoline diSflensing establishment is looated to the closest boundary '.vall of the residential structure. MU-L3 district and MU-H district. (1). Use(s) Allowed. A Convenience Store is allowed as an accessory use to a Gasoline Station. (2). Setbacks. (a). Building setbacks shall meet those required by the applicable zoning distri ct. (b). Canopy structure over the fuel pumps shall be located either to the side or rear of its associated principal the sales office building. c. 20 May 2, 2007 29. Grocerv Store a. CBD distriet. Drive through fucilities ure prohibited. b. MU-Ll district, MU-L2 district, MU-L3 district, and MU-H district. Gross floC'" area of grocery store must be a minimum of 15,000 square feet and a maximum 01'80,000 squa. feet. 30. Hardware Store a. CBD district. Excluding lumber or building materials dealers, lawn & garden shops. glass, electrical, plumbing, heating supplies, and the like. b. MU-Ll district, MU-L2 district, MU-L3 district, and MU-H district. Indoor storage / display only and shall not exceed lO,OOO square feet. 31. Marine Accessories a. C-2 district. Excluding any installation on premises, and excluding machine shop servIce. b. MU-Ll district, MU-L2 district, MU-L3 district, and MU-H district. Indoor storage / display only and shall not exceed 10,000 square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. Marine customizing, detailing, service, parts, or repair is also prohibited. 32. Merchandise, Used (Consienment, Pawnshop, Thrift) a. PUD distriet. Gross floor area shall not exceed 5,000 square feet. Consignment, Pavmshop, Thrift, .^.uction House, Flea Market (Indoor / Outdoor), and Swap Shop (Indoor I Outdoor) are prohibited uses. b. C-l district and C-2 district. Consiflnment. Pawnshop. Thrift. Auction House, Fleu Market (Indoor / Outdoor), and Swap Shop (Indoor / Outdoor) are prohibited uses. c. C-3 district and C-4 district. Consignment. Pawnshop, and Thrift Stores are limited to 5.000 square feet of gross floor area and shall be located not less than 2.400 feet apart. as measured by direct distance between property lines. Where these stores are currently located at less than this minimum distance, such stores shall not be expanded. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit which certifies that the provisions of this paragraph would be complied with. Exterior storage and display in connection with such uses shall be prohibited. Auction House. Flea Market (Indoor / Outdoor). and Swap Shop (Indoor / Outdoor) are prohibited uses. d. CBD district. Consignment. Pawnshop, Thrift. Auction House. Flea Market (Indoor i Outdoor), and Swap Shop (Indoor / Outdoor) are prohibited uses. e. PCD district. Consignment, Pawnshop, and Thrift Stores are limited to 5,000 square feet of gross floor area and shall be located not less than 2.400 feet apart. as measured bv direct distance between property lines. Where these stores are currentlv located at less than this minimum distance, such stores shall not be expanded. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit which certifies that the provisions of this paragraph would be complied with. Exterior storage and display in connection with such uses shall be prohibited. Auction House. Flea Market (Indoor / Outdoor). and Swap Shop (Indoor / Outdoor) are prohibited uses. f. SMU district, MU-Ll district, MU-L2 district, MU-L3 district, and MU-H district. Consifl11lnent, Pawnshop, Thrift, Auction House, Flea Market (Indoor / Outdoor). and Swap Shop (Indoor / Outdoor) are prohibited uses. 33. Merchandise, Used (Antique Shop) 21 May 2, 2007 a. All districts. Gross floor area shall not exceed 5,000 square feet. An Auction House is allowed but only as an accessory use to a lawful Antique Shop. Auction House (as a principal use), Flea Market (Indoor / Outdoor), and Swap Shop (Indoor / Outdoor) are prohibited uses. 34. Nursery. Garden Center. & Farm Supply a. All districts. Conditional use approval shall be required iflocated within 200 feet of a residential zoning district. 35. Pharmacy & Drill! Store a. MU LI distriet, MU L2 distriet, llnd MU L3 distriet Notpennittodonpropertywith Federal Highvlay frontage in the :MU L Districts unless inte~ated into a mixed use development oonsistent with Note two (2) restriction note six (6). b. MU-H district. Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines shall be the following: (1). 750 feet: For uses with less than 5,000 square feet of gross floor area; (2). 1,500 feet: For uses with a gross floor area equal to or greater than 5,000 gross square feet. 36. Auto / Car Washes (Polishinl!. Waxinl!. Detailinl!) a. C-2 district, C-3 district, C-4 district, and PCD district. Only a fully automated-style Auto / Car Wash facility is allowed as an accessory use to a Gasoline Station provided that at least one (1) frontage lies along a four lane collector or arterial road, and the site is de'leloped in accordance \vith a gasoline dispensing establishment as contained herein. However, conditional use approval is required for this component of the establishment. 37. Automobile Rental a. C-3 district. Allowed as an accessory use to Automotive, Minor Repair. Conditional use approval is required. In addition, the following criteria must be met: (1). Location. On sites greater than seventy-five (75) acres and only within a separate building in a shopping center, Automobile Rental Passenger car rental is allowed as-afl accessory use \vithin said building subject to the following additional conditions: (a). The customer service area shall be located within said the building being used for an Automotive, Minor Repair: (b). No more than twelve (12) automobiles shall be stored on-site for the purpose of rental, and such automobiles shall be stored in marked stalls; (c). No fueling or refueling of automobiles shall be permitted on-site. b. C-4 district. Conditional use approval shall be required iflocated within 200 feet of a residential zoning district. Automotive, Minor Repair is allowed as an accessory use to Automobile Rental, provided that the service and maintenance ofthe fleet vehicles is relegated to the rental operation and not open to the public. c. PCD district. All uses listed in Section 6.C.l of these zoning regulations pro'lided hO'Ne'ler, that '\fUses listed as conditional uses ',,,,ill not be required to secure conditional use approval would be considered permitted uses if the following conditions are met: (I). If shown on the originally approved master plan required as a part of this submission, aHtl~ (2). Uses will not be subject to the minimum acreage requirements of the C-3 zoning district of Seetion 6.C.1. if the site meets the minimum acreage requirement for rezoning to PCD; and (3). All portions of any building dedicated to such use are separated from residentially zoned property by a distance of 200 feet. 22 May 2, 2007 d. MU-L3 district and MU-H district. The indoor ffiBeef storage / display of fleet vehicles are permitted but shall not exceed 10,000 square feet. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage / structure. (1). Access. Shall not be directly from any maior roadway. (2). Stora2e. No outside storage of materials. parts. and vehicles. (3). Desi2n. Overhead doors shall not be visible from any maior roadway frontage. 38. Automotive. Minor Repair a. C-2 district. Automotive. Minor Revah' is allowed as an accessorv use to a Gasoline Station. Conditional use approval is required for this component of the establishment. b. C-3 district. Automotive. Minor Revah' is allowed as an accessory use to Automobile Rental. provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. Automotive. Minor Repair is allowed as a principal use but conditional use approval is required and subiect to the following: (1). Location. Automotive, Minor Revah' This use is not permitted on site~ less than five (5) acres in size. (a). On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate, stand-alone building and / or outparcel within a commercial Master Plan, provided that the subordinate stand-alone building and / or outparcel within a commercial Master Plan is not located between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property. (b). On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehic' or motorcycle, designed for carrying ten (10) persons or less), or multipurpos," passenger vehicles (motor vehicle with motive power designed to carry ten (10) persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. c. C-4 district. Conditional use approval shall be required iflocated within 200 feet of a residential zoning district. Automotive. Minor Revah' is allowed as an accessory use to Automobile Rental. provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. d. PCD district. Automotive, Minor Repair is allowed as an accessory use to Automobile Rental. provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. Automotive, Minor Revair is allowed as a principal use but conditional use approval is required. J^JI uses listed in Section 6.C.l of these zoning regulations provided hov/ever, that uses Uses listed as conditional uses v;ill not be required to secure conditional use approval would be considered permitted uses if the following conditions are met: (1). If shown on the originally approved master plan required as a part of this submission, and~ (2). Uses will not be subject to the minimum acreage requirements of the C-3 zoning district of Section 6.C.l. if the site meets the minimum acreage requirement for rezoning to PCD; and (3). All portions of any building dedicated to such use are separated from residentially zoned property by a distance of 200 feet. e. M -1 district. Excluding the keeping of vehicles in violation of Chapter 9, }\rticle III. ( the City of Boynton Beach Code or Ordinances, and excluding automobile sorvice Gasoline Stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use alIov;ed elsc',';herc in 23 May 2, 2007 this seotion, and shall be adequately screened. Conditional use approval shall be required if located within 200 feet of a residential zoning district. 39. Automotive, Maior Repair a. M-1 district. Excluding the keeping of vehicles in violation of Chapter 9, l.rtic1e III, of the City of Boynton Beach Code or Ordinances, and excluding automobile servioe Gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use allO'.ved else'.vhere in this section, and shall be adequately screened. Conditional use approval shall be required if located within 200 feet of residential zoning district. 40. Automotive Window Tintint! / Stereo Installation / Alarms a. C-2 district. Automotive Window Tinting / Stereo Installation / Alarms is allowed as an accessory use to a Gasoline Station; Merchandise. New (Supercenter. Discount. Department. Club); or an Electronics & Armliance Store. Conditional use approval is required for this component ofthe establishment. b. C-3 district. Automotive Window Tinting / Stereo Installation / Alarms is allowed as an accessory use to Automobile Rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. Automotive Window Tinting / Stereo Installation / Alarms is allowed as a principal use but conditional use approval is required and subject to the following: (1). Location. Automotive Window Tinting / Stereo Installation / Alarms is not permitted on sites less than five (5) acres in size. (a). On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate, stand-alone building and / or outparcel within a commercial Master Plan, provided that the subordinate stand-alone building and / or outoarcel within a commercial Master Plan is not located between the principal building and an adjoining right-of-wav or between the principal building and abutting residentially zoned property. (b). On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carryin~ ten (0) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten (0) persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. c. C-4 district. Conditional use approval shall be required iflocated within 200 feet of a residential zoning district. Automotive Window Tinting / Stereo Installation / Alarms is allowed as an accessory use to Automobile Rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. d. PCD district. Automotive Window Tintinf! / Stereo Installation / Alarms is allowed as an accessory use to Automobile Rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. Automotive Window Tinting / Stereo Installation / Alarms is allowed as a principal use but conditional use approval is required. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1). If shown on the originally approved master plan; (2). Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and 24 May 2, 2007 (3). All portions of any building dedicated to such use are separated from residentially zoned propertY by a distance of 200 feet. e. M-1 district. Excluding the keeping of vehicles in violation of the City of Boynton Beach Code or Ordinances, and excluding Gasoline Stations selling motor fuels at retail. An" exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only, connection with a lawful principal use and shall be adequately screened. Conditional use approval shall be required if located within 200 feet of a residential zoning district. 41. Bar & Nil!htclub a. MU-L2 district and MU-L3 district. Permitted only on lots fronting on arterial or collector roadways. 42. Check Cashinl! a. C-3 district. C-4 district. and PCD district. Check Cashinf[ is limited to 5.000 square feet of gross floor area and shall be located not less than 2.400 feet apart. as measured by direct distance between property lines. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit which certifies that the provisions of this paragraph would be complied with. Such stores shall not be expanded where currently located less than this minimum distance. 43. Dry Cleaner a. All districts. Limited to handling goods that are brought to the premises by retail customers. This use is permitted provided that the floor area for such use is entirely enclosed. Laundromats and dry cleaning servioes are limited to handling goods that are brought to the premises by retail oustomers, tailors, and dressmakers, alteration and repair of clothing or clothing accessorie- Cleaning services are limited to retail customers and includes the alteration and / or repair G clothing. b. S!\iU district, !\iT] L1 district, MU L2 district, MU L3 distriet, and ML' H district. On site drop off and pick up only. 44. Funeral Home a. C-3 district, C-4 district, and PCD district. Conditional use approval shall be required if located within 200 feet of a residential zoning district. b. PU district. A Funeral Home is allowed as an accessory use to a Cemeten'. Conditional use approval shall be required if located within 200 feet of a residential zoning district. 45. Pet Care (Boardine: and Davcare) a. All districts: Conditional use applications must include provisions for proper care and mitigation of potential impacts on adiacent properties. b. PCD district. Application must include provisions for proper care and potential impacts on adiacent properties. Uses listed as conditional uses '.'{ill not be required to secure conditional use approval would be considered permitted uses if the following conditions are met: (1). If shown on the originally approved master plan required as a part ofthis submission, and~ (2). Uses will not be subject to the minimum acreage requirements of the C -3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3). All portions of any building dedicated to such use are separated from residentially zone property by a distance of 600 feet. c. MU-L1 district and MU-L2 district. Permitted only on lots fronting on major arterial or collector roadways. 25 May 2, 2007 d. M-1 district. All portions of any building dedicated to such use are separated from residentially zoned property by a distance of 600 feet. 46. Pet Care (Veterinary Services) a. All districts CnD distriet. VeterinaJY Offices shall exclude outdoor kennels, or keeping of animals for purposes other than treatment, and excluding on-site disposal of animals. b. C-3 district, C-4 district, CBD district, PCD district, SMU district, MU-L1 district, and MU-L2 district. Pet Care (Boardinf! and Davcare) may be allowed as an accessory use but it shall require conditional use a?proval. Conditional use applications must include provisions for proper care and mitigation of potential impacts on adiacent properties. 47. Postal/Mail Center a. All districts. Storage of delivery trucks is prohibited. b. C-1 district. Allowed as an accessory use to a Business or Professional Office or a Medical or Dental Office. Gross floor area shall not exceed 2,500 square feet. c. MU-H district. This use shall be limited to a maximum gross floor area square footage of 2,500 square feet. 48. Repair, Rental, & Maintenance of Home / Garden Tools a. C-3 district. Excluding exterior display or storage of merchandise. b. PCD district. Excluding exterior display or storage of merchandise. The repair and service of merchandise shall be permitted as either an accessory or principal use, for any merchandise, which is typically sold in the PCD district. 49. Restaurant a. All districts. See Chapter 3, Article V. Supplemental Regulations regarding the Sidewalk Cafe permit. b. C-1 district. A ReslQurant is allowed as accessory use to a Business or Professional Office and / or a Medical or Dental Office but subiect to the following conditions: (1). Sign age. No external signage for the restaurant use shall be allowed; (2). Hours of operation shall be limited to coincide with the hours of operation ofthe principal use. 50. Travel Aeency a. C-1 district. Gross floor area shall not exceed 5,000 square feet. 51. Church a. R-2 district and R-3 district. (1). Separation. Distances between residential properties and outdoor play areas shall be maximized. (2). Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. b. SMU district, MU-L1 district, MU-L2 district, MU-L3 district, and MU-H district. A Church shall be integrated into a mixed-use building: or development and may not occupy more than 50% of the gross floor area of any given building or exceed 30% of the gross floor area of the mixed use development. Churches allowed in the Mixed Use districts shall be integrated 26 May 2, 2007 into a mixed use building or development and may not exceed 30% oftha gross floor area ofthc mixed use developmont. 52. Community Facilities a. All districts. (1). Use(s). All buildings and properties that are city owned and / or operated and engaged in the performance of a public function may be permitted in any district as defined herein. However. this excludes storage, maintenance, and treatment facilities as a principal use and or excluding uses that have extensive storage, maintenance, or treatment facilities on-site. 53. Essential Services a. All districts. (1). Use(s). O. ELECTRIC SUBST.^.TIONS, S\VITCHIl'JG ST.^.TIONS l\ND UTILITY F.^.CILITIES. Essential Services such as electric Electric substations, s\vitching stations, afl:€l utility facilities. and the like are allowable in all land use categories and zoning districts subject to full site plan review as described in Chapter 2. Article II Chapter 4 and subject to screening on all sides with walls or acceptable landscaping as described in Chapter 4. Article II Chapter 9, Seotion 10, paragraph C4. (Ord. No. 96 51, S 1, 1 21 97; Ord. No. 96 66, S 1,1 797; Ord. No. 99 21, ~ 2,9799; Ord. No. 01 52, S 3, 10 1 01: Ord. No. 02 011, ~ 2,3 19 02; Ord. No. 03 048, S 2, 10 703; Ord. No. 01 027. S 2, 1 20 01; Ord. No. 05 031, ~3, 7 1905) 54. On!anization, Civic & Fraternal a. C-3 district. C-4 district, CBD district, and PCD district. Conditional W' approval shall be required if located within 200 feet of a residential zoning district. b. SMU district, MU-L1 district, MU-L2 district, and MU-L3 district. Shall be integrated into a mixed-use building or development and may not OCCUPy more than 50% of the gross floor area of any given building or exceed 30% of the gross floor area of the mixed use development. 55. Adult Entertainment a. Separation. (1). No Adult Entertainment establishment shall be located closer than one thousand (1,000) feet from any other adult entertainment establishment measured from lot boundary to lot boundary along a straight airline route; (2). No Adult Entertainment establishment shall be located closer than one thousand (1,000) feet from any church, residential zoning district and / use, Public Usage district, Recreation district, or school, measured from any lot boundary to lot boundary along a straight airline route. 56. Entertainment, Outdoor a. C-3 district and PCD district. Must be at least 1.000 feet from a residential use. 57. Marina, includin2: Yacht Club a. All districts. Marinas. including Yacht Clubs are limited to the following uses: moorir and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private craft a" living quarters provided that such craft are connected to public sewer facilities; operation of drift and Charter fishing boats and sightseeing boats; bait and tackle shops. 27 May 2, 2007 58. Martial Arts, Gymnastics, and Dance Studio a. feet. CBD district and MU-H district. Gross floor area shall not exceed 5,000 square 59. Rentals, Recreational (Bicycles, Canoes, Personal Watercraft) a. MU-LI district, MU-L2 district, and MU-L3 district. Indoor storage / display only and shall not exceed 10,000 square feet. 60. Siehtseeine & Scenic Tours a. All districts. Vehicles used in support of the operation that are of a size in excess of a standard parking stall shall be stored in a zoning district where outdoor storage of vehicles is allowed. b. CBD district, MU-LI district, MU-L2 district, MU-L3 district, and MU-H district. .Sightseeing boats are allowed in conjunction with a Marina, including Yacht Club. 61. Theater a. All districts. All outdoor style theaters (i.e. band shell. amphitheater) reqUire conditional use approval. 62. Day Care a. R 1 }\,}.....A1 distriet, R-l-AAB district, R-l-AA district, R-I-A district, R-I district, and PUD district. The following applies to facilities to be located within zoning districts limited to single family homes: (I). Design. Building design for nursery / preschool uses shall be consistent with surrounding residential styles. (2). Separation. Minimum separation requirement between oonnnercial Daycares business shall be ~ 2,400 feet (this distance separation requirement should not apply to daycare uses limited to specific groups such as Church members, and should not be intended to place restrictive limits on the expansion / improvement of those uses existing prior to codification. b. R-2 district and R-3 district. (I). Location. Along the following roadway types as designated in the City ofBovnton Beach Comprehensive Plan: arterials and collectors: (2). Lot size. One (1) acre; (3). Landscapine. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas. and outdoor recreation areas that abut residential zoning districts. Distances between outdoor play areas shall be maximized: (4). Desien. Building design shall be consistent with surrounding residential styles. (5). Separation. Minimum separation requirement between Davcares shall be 2,400 feet (this distance separation requirement should not apply to daycare uses limited to specific grOUpS such as Church members. and should not be intended to place restrictive limits on the expansion / improvement of those uses existing prior to codification. c. PCD district. All uses listed in Seotion 6.C.1 of these zoning regulations provided however, that MUses listed as conditional uses will not be required to seoure oonditional use approval would be considered permitted uses if the following conditions are met: (I). If shown on the originally approved master plan required as a part of this subm4ssion, and~ 28 May 2, 2007 (2). Uses will not be subject to the minimum acreage requirements of the (:-3 zoning district of Seotion 6.C.1. if the site meets the minimum acreage requirement for rezoning to PCD; and (3). All portions of any building dedicated to such use are separated from residentially zoned property by a distance of 200 feet. 63. Stora2'e. Boats / Motor / Recreational Vehicles a. Landscapin2'. All exterior storage shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning & Zoning to ensure compatibility. b. CBD district. MU-L2 district. MU-L3 district. and MU-H district. The wet storage of boats is allowed as an accessory use to a Marina, including Yacht Club. c. M-1 district. No exterior storage of boats, motor, orrecreational vehicles in a wrecked condition shall be permitted. (1). Landscapin2'. All exterior (temporary) storage of fleet vehicles shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning & Zoning to ensure compatibility. (2). Li2'htin2. If a facility abuts a residential zone. outdoor lighting fixtures shall be no more than 20 feet in height and shall be shielded away from residential property. 64. Stora2'e. Self-Service a. All districts. All self-storage facility uses shall comply with the following: (1). Rental facility office. The rental faoility office shall be located facing a oollector street. A maximum of 1 ,000 square feet of the rental office may be devoted to the rental and / or sale of retail items used for moving and storage and including, but not limited to carton, tape and packing materials. (2). Security quarters. A single residential unit for security purposes. not to excet 1,200 square feet may be established on the site of a Self- Service Storage facility provided that said facilities is at least 30,000 square feet. This dwelling unit shall be considered a limited exception to the general prohibition of residential uses in industrial zones. The security quarters may continue only so long as the Self-Service Storage facility remains active. The security quarters shall be for the exclusive use of, and shall be occupied only by a guard, custodian, caretaker, owner, manager. or employee of the owner of the facility, and ffis respective family. (3). Use of bays. The use of storage bays shall be limited to dead storage of household goods, personal property, or records for commercial businesses. Storage bays shall not be used to manufacture, fabricate or process goods: service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities: conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity. Individual storage bays or private postal boxes within a Self-Service Storage facility shall not be considered a premises for the purpose of assigning a legal address in order to obtain approval an occupational license or other governmental permit or license to conduct ElB business. Other prohibited uses include storage, sale. salvage, transfer, or disposal of junk, scrap, garbage, offaL refuse, or other waste materials. Further: (a). The maximum size of a storage bay shall be limited to four hundred fifty (450) square feet. (b). Storage bay doors shall not face any abutting property that wfti.€fl is residentially zoned or any public or private right-of-wav, nor any public or pri'late street. (4). Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be DL more than tweflt.y 20 feet in height and shall be shielded away from residential property. 29 (5). Loudspeakers. No exterior loudspeakers or pagIng equipment shall be permitted on site. (6). Design. For all Self-Service Storage facilities adjacent to or visible from anyaftefial right-of-way roadway, the following shall apply: (a). The exterior colors, facades, windows, roof and building materials of all structures located onsite shall be compatible with the character of or vision for the surrounding area the neighborhood. Self-service Storage facilities shall incorporate design elements to achieve the effect of office structures. (b). All facades viewable from rights-of-wav the arterial road'lluy shall provide variety and interest. These facades shall not exceed fifty (50) feet in length without visual relief by means of a vertical reveal at least one (1) foot in depth and ten (10) feet in width, a perceptible change in wall angle, or a comer. Other design attributes shall include, roof slope and materials, windows, a\Vllings, fencing and other aesthetic elements. (7). Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. (8). Exterior Storage. (a). Vehicles shall not be stored within the area set aside for minimum building setbacks or in areas designated for landscaping buffering purposes. (b). Pleasure boats stored on site shall be placed and maintained upon wheeled trailers. No dry stacking shall be permitted on-site. (c). The outside storage area shall be constructed with a dust-free surface. b. Multi aeeess and limited aeeess combinatioBs. .^. combination of multi access and limited access self storage faeilities may be permitted ',yithin the same site plan, pocsuunt to the supplemental standards sho':ln abo'le for each of the uses. c. Multi-access self-storage facilities. In addition to the general standards above, multi-access self-service storage facilities shall comply with the following regulations: (1). Lot size. The minimum lot size for a multi-access self-storage facility shall be two (2) acres. (2). Circulation. The following on-site circulation standards shall apply: (a). Interior: Interior loading areas shall be provided in the form of aisleways adjacent to the storage bays. These aisle ways shall be used both for circulation and temporary customer parking while using storage units. The minimum width of these aisleways shall be twenty-five (25) feet if only one- way traffic is permitted, and thirty (30) feet if two-way traffic is permitted. A minimum width of twelve (12) feet between aisleways will be required when utilized for outdoor storage. (b). Flow: The one or two-way traffic flow patterns in aisle ways shall be clearly marked. Markings shall consist of standard directional signage and painted lane markings with arrows. (c). Access: Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning of aisle ways. (3). Height. Limited access and combination multi-access and limited-access Self- Service Storage facilities shall conform to the maximum height for that district. The maximum height for multi-access Self-Service Storage facilities shall not exceed twenty-five (25) feet. These heights will include any screening required to conceal air-conditioning or any other mechanical equipment. d. Limited access self-storage facilities. In addition to the general standards above, limited-access self-storage facilities shall comply with the following regulations: (1). Lot size. The minimum lot size for a limited access self-storage facility shall be one (1) acre. (2). Loading. May 2, 2007 30 (a). Each entry point used to access hallways leading to the storage bays shall accommodate a minimum of two loading berths and related maneuvering area. (b). The loading areas shall not interfere with the primary circulation system on site. (3). Circulation. The following on-site circulation standard shall apply: (a). Interior. If a minimum 20 feet accessway is provided adjacent to the building and serves no other use except the self-service storage facility, then the loading area may be established parallel and adjacent to the building. It will be required to satisfy current regulations for driveway accessibility dependent on one-way or two-way traffic. i. One-way: 25 feet ii. Two-wav: 30 feet e. SMU district, MU-L1 district, MU-L2 district, and MU-L3 district. Onlv limited- access Self-Service Storage facilities are allowed within mixed-use districts. Multi-access Self- Service Storaf!e facilities are prohibited. (1). Location. Permitted only on lots fronting on major alierial roadways. Self-Service Storage uses shall only be allowed above the first floor within mixed-use structure~ Retail uses unrelated to the storage business are relegated to the ground-floor. Street frontages of the ground floor area shall be devoted to one or more principal retail and office uses, not related to the self-storage use, to a depth of at least twenty (20) feet. (2). Driveways. Access to the Self-Service Storage use portion of the structure shall not be from / to an arterial roadway and must be screened from public right~-of-way. (3). Design. Buildings shall be designed to have the appearance of a multi-story retail, office, and / or residential structure through the use of windows, shutters. and appropriate building elements on the upper floors. f. M -1 district. (1). Separation. As a principal or accessory use, no building, structure, land, or water, or any part thcroof shall be erected, altered, or u:Jed, in ';;holc or in part for any of t\1' follo'.ving uses, unless a minimum distance of three hundred (300) feet is maintaint betvieen the use and residential zoned property. Said distance shall be measured along a straight airline route from the property line of re:Jidential zoned property to the building or portion of the lot where the spccified use is located, exoopt that those portions ofthe lot or structure '.vhich are located ..vi thin the minimum distance may be used for la'::ful uses other than the uses listed belo'N, subject to district building and site regulations. (2). Buffers. All perimeter buffers adiacent to residentiallv-zoned property shall contain a continuous wall or hedge and trees, installed no less than 25 feet on-center. All perimeter buffers shall be subject to the provisions of Chapter 7.5, Article II, Section 5 concerning buffer requirements. In addition, any perimeter adjacent to a residential district shall include a continuous hedge or ..vall in addition to trees planted no further than t\venty five (25) feet on center. (3). Exterior Storage. In connection with a Self-Service Storage facility, open storage of boats, motor, or recreational vehicles of the type customarily maintained by private individuals for their personal use and commercial vehicles shall be permitted provided the following: (a). The outdoor storage area shall not exceed 40'% percent of the area of the site. (b). Outdoor storage areas shall be entirely screened from public and private rights-of-way and non-industrial properties. Screening materials shall be comprised of a buffer wall, eight (8) feet in height. or bv the proiect's principal and / or accessory building(s) or a combination thereof. Trees, installed no less than 25 feet on-center. in coni unction with shrubs and / ( other foundation plantings, shall be placed on the outside of the buffer wall. within a landscaping strip of at least five (5) feet in width. The shrubs and foundation plantings shall be at least four (4) feet in height at the time of May 2, 2007 31 May 2, 2007 installation. However. their inclusion mav be waived bv the Director of Planning and Zoning if determined to be unnecessary. The storage area shall be entirely screened from vie'.v from public and pri':ate roads and abutting non industrial zoned property by a building on site or by installation of a eight foot high solid masonry wall supplemented 'tvith a minimum of twelve (12) foot tall trees spaced !ill! more than t'.venty five (25) feet on oenter and foundation planting a minimum of tVlO (2) feet in height installed within a five (5) foot wide landscape strip looated on the outside of the 'NaIl, unless the foundation planting is determined by the Direotor of Plannine and Zoning to be unnecessary. 65. Warehousinl?: a. C-4 district. This use is allowed within the C-4 district but it shall not be located on a lot or leased parcel that fronts on an arterial roadway. b. M-1 district. Conditional use approval shall be required iflocated within 200 feet ofa residential zoning district. 66. Wholesale Trade a. C-4 district. This use is allowed within the C-4 district but it shall not be located on a lot or leased parcel that fronts on an arterial roadway. b. (1). Use(s) l'..Hawed. (a). Industrial, oommeroial, offioe, professional, and business maohinery, equipment, fixtures, tools, and supplies, excluding prohibited l:Ises. (b ).Household goods; storage, wholesale and distribution only; retail display or sales shall be prohibited unless speoifically allowed in aocordanoe v:ith Sections 8..\..1., 8..^~2., 8..\.3., or 8..\.1. Industrial uses. (c). Building materials, home improvement stores, lumber, door and windov. hardwa:re, shades, shutters, blinds, and awnings; fencing, roofing, flooring, oarpeting, tile, hard'l:are, tools, paint, '.vallpaper, snehing, oabinets, furniture, partitions, kitohen and bathroom fixtures, pools and spas, glass and mirrors, plumbing and eleotrioal supplies, and the like, including retail sale:r. (d).Pumps, generators, motors, fire proteotion equipment, and irrigation equipment, including retail sales. (e). Heating, oooling, ':entilating, refrigeration, solar energy, '.vater eonditioning, and heating systems and equipment, and major appliances, inoll:lding retail sale:r. (t). Nurseries, greenhouses, lavtTI and garden equipment, tools, and supplies, including retail sale. (g). Monuments and gravestones, including retail sales. (h).Feed and farm supplies, excluding uses specifioally prohibited in Seotion 8.A5. (i). .\utomobile, '.'ehiole, and boat parts, aocessories, furnishings, and supplies; retail sales or display shall be prohibited as a principal use and shall be permitted only as an aooessory use to repair, servioe, rebuilding, or installation servioes, '""here suoh services la'Nfully eKist. (j). Ioe and dry ice, including retail sales. b. M-1 district. Conditional use approval shall be required iflocated within 200 feet of a residential zoning district. (1). Use(s) }'111awed. (a). 'Na:rehouses, self servioe storage facilities (mini warehouses) in aooordance 'oVith Section 11.0 storage lookers, and cold storage, excluding uses specifioally prohibited ~ in Section 8.l..5. 32 (b). Industrial, commercial, office, professional, and business machinery, equipment, fixtures, tools, and supplies, excluding prohibited uses. (c). Household goods; storage, \vholesale and distribution only; retail display or sales shall be prohibited unless specifically allowed 111 accordance with Seotions 8.A,l., 8..^.2., 8..'\.3., or 8..'\./1. lndustri uses. (d). Building materials, home improvement stores, lumber, door and '.vindov: hardware, shades, shutters, blinds, and av.nings; fencing. roofing, flooring, carpeting, tile, hardware, tools, paint, wallpaper, shelving, cabinets, furniture, partitions, kitchen and bathroom fixtures, pools and spas, glass and mirrors, plumbing and electrical supplies, and the like, including retail sales. (e). Finished concrete, brick, clay, and stone building and paying materials: sevier and "vater pipe, and culvert; storage, distribution, "vholesalc or retail sales. (t). Pumps, generators, motors, fire protection equipment, and irrigation equipment, including retail sales. (g). Heating, cooling, ventilating, refrigeration, solar energy, v:ater conditioning, and heating systems and equipment, and major applianoes, including retail sales. (h). Pre fabricated sheds, including retail sale. (i). Nurseries, greenhouses, la'.vn and garden equipment tools. and supplies, including retail sale. 0). Monuments and gravestones, including retail sales. (k). Feed and farm supplies, excluding uses specifically prohibited 10 Section 8,A,5. (1). Truoks, buses, farm equipment, construction maohinery, and utility trailers, inoluding retail renting and sales. (m). Passenger vehicles, boats and piokup trucks, excluding any retail sale. or display, and excluding the keeping of vehicles in violation of Chapter 10, Article III of the City of Boynton Beach Code of Ordinances. (n). Automobile, vehicle, and boat parts, accessories, furnishings, and supplies; retail sales or display shall be prohibited as a principal use and shall be permitted only as an accessory use to repair, service, rebuilding. or installation services, '.vhere such services lawfully exist. (0). Mobile homes, limited to areas '.vest ofInterstate 95. (P). loc and dry ice, inoluding retail sales. (q). Liye fish. (2). Separati9B. As a principal or aocessory use, no building, structure, land, or water, or any part thereof shall be erected, altered, or used, in ',':hole or in part for any of the fol1o'.ving uses, unless a minimum distance of three hundred (300) feet is maintained bet','/een the use and residential zoned property. Said distance shall be measured along a straight airline route from the property line of residential zoned property to the building or portion of the lot ':lhere the specified use is located, except that those portions of the lot or structure '.vhich are located ','lithin the minimum distance may be used for lavlful uses other than the uses listed below, subject to district building and site regulations. The follo'.vin~ use(s) are subieet to the separation requirement: (a). Bulle storage, distribution, v:holesalc or retail sale of topsoil, lime. grayel, limerock, shellrock, coal, minerals, crushed rock, sand, cinders, fertilizer, and the like, limited to an accessory use to a building materials store, garden shop, nursery, contractor, or other la'.vfl principal use. (b). Parking or storage of trucks used for the transport of septic tank '.vaste or other liquid '.':astes. May 2, 2007 May 2, 2007 67. Boat Repair a. Landscaoim!. All exterior (temporary) storage shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning & Zoning to ensure compatibility. b. M-1 district. No exterior storage of boats in a wrecked condition or the dry stacking of any boats shall be permitted. 68. Carpet and Upholsterv Cleaninl! Services a. C-3 district, C-4 district, and PCD district. Permitted off-site premise only. 69. Contractor a. Refuse. Dumpsters and trash receptacles shall be screened from view of adiacent lots and streets. b. C-4 district. (1). Location. This use is allowed within the C-4 district but it shall not be located on a lot or leased parcel that fronts on an arterial roadway permitted on lots that front on artorial or eolleotor roadv/ays. (2). Use(s) Allowed. (a). Office and showroom only as a permitted use. (b). Contractors' outdoor storage and workshop shall require conditional use approval if located within 200 feet of a residential zoning district residential zoned proporty. c. M-1 district. Contractors' outdoor storage and workshop shall require conditional use approval if located within 200 feet of a residential zoning district. 70. Exterminatinl! and Pest Control a. 1\1-1 district. Conditional use approval shall be required iflocated within 200 feet ofa residential zoning district. 71. Lawn Maintenance & Landscapinl! Service Dumpsters and trash receptacles shall be screened from view of adiacent a. Refuse. lots and streets. b. C-4 district. (1). Location. This use is allowed within the C-4 district but it shall not be located on a lot or leased parcel that fronts on an arterial roadway. (2). Use(s) Allowed. (a). Office and showroom only as a permitted use. (b). Outdoor storage and workshop shall require conditional use approval if located within 200 feet of a residential zoning district. 72. Radio & TV Broadcastinl! a. All districts. Refer to the Wireless Communication Facilities section in Chapter 3, Article V (Supplemental Regulations) of the Land Development Regulations. 73. Rental/ Leasinl!. Industrial & Commercial Equipment 34 a. Landscapin2. All exterior (temporary) storage of equipment shall be adequatelv screened. Additional bufferin~ may be required as recommended by the Director of Planning & Zonin2: to ensure co11llMt~.dtil:\1, b. M-1 district. Outdoor storage of equipment shall require conditional use approval, r located within 200 feet of a residential zoning district. No exterior storage of equipment if wrecked condition shall be permitted. 74. Repair & Maintenance, Industrial and Commercial a. Landscapin2. All exterior (temporary) storage of equipment shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning & Zoning to ensure compatibilitv. b. M-1 district. Outdoor storage of equipment shall require conditional use approval if located within 200 feet of a residential zoning district. No exterior storage of equipment in a wrecked condition shall be permitted. 75. Research & Development, Scientific / Technolo2ical a. M-1 district. (1). Limitations. Excluding treatment, storage, or processing of human or animal bodies or body parts. Medical or scientific research which involves the use. treatment, storage, or processing of human or animal bodies or body parts would require conditional use approval. 76. Sewer / Septic & Waste M2mt Cleanin2 a. M-1 district. This use excludes the storage, treatment, transfer, dumping, or disposal of waste on-premises. Conditional use approval shall be required iflocated within 200 feet of residential zoning district. 77. Taxi, Limo, Charter Bus a. C-2 district, C-3 district, C-4 district, CBD district, and PCD district. Office onlv: Fleet vehicles shall be stored in a zoning district where Storaf[e. Boats. / Motor / Recreational Vehicles is allowed. b. M-1 district. No exterior (temporary) storage of fleet vehicles in a wrecked condition shall be permitted. Conditional use approval shall be required if located within 200 feet of a residential zoning district. (1). Landscapin2. All exterior (temporary) storage of fleet vehicles shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning & Zoning to ensure compatibility. (2). Li2htin2. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than 20 feet in height and shall be shielded away from residential property. (3). Loudspeakers. No exterior loudspeakers or pa~nn2: equipment shall be permitted on site. S:IPlanninglZoning Code UpdatelLDR RewritelPart I1IIChapterslChapter 3 Zoning\Final\Artic1e III Section 3 Use Regulations.doc May 2, 2007 35 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 economically feasible. In terms of traffic concurrency, it appeared the applicant had adequate time. Records indicated the Utility Reservation Fee had been paid. The original project would still be subject to the original conditions of site plan and height exception approvals. Therefore, staff recommended approval of this request for a one (1) year time extension for the site plan and height exception. All conditions from the original approvals must still be satisfactorily addressed during the building permit process. Bradley Miller, Miller Land Planning Consultants, advised he was present to represent the applicant. He reiterated the request for the extension, and as staff covered the majority of the points, he advised he would be pleased to address any specific issues brought forth. Chair Tillman opened the floor for public hearings. No one else having come forward, Chair Tillman closed the floor for public hearings. Rev. Chaney inquired as to the type of modifications sought, whether they pertained to workforce housing incentives or other modifications. Lisa Bright, CRA Executive Director, advised modifications were sought as described by Rev. Chaney and based on discussion with Mr. Seifert. A site plan was already in motion. In at least seven meetings, staff attempted to save this project in terms of the real estate market decline. ....1otion Ms. Horenburger moved to approve the site plan extension as recommended by staff. Mr. Sims seconded the motion. Ms. Heavilin inquired whether the motion included the height extension. Ms. Horenburger advised it included all conditions recommended by staff. Chair Tillman called the question on the motion. Vote The motion passed unanimously. C. Land Development Regulations Rewrite Code Review 1. Project: Land Development Regulations (LDR) Rewrite (CDRV 07-004) Use Matrix and Notes City-initiated Agent: 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Description: Group 2 deliverable as indicated on the proposed LDR Rewrite Work Schedule, including the Zoning Use Matrix and corresponding Notes and Restrictions to ultimately replace and enhance portions of the current LDR Part 3, Chapter 2. Zoning, Sections 5 through 8. Mike Rumpf, Planning & Zoning Director, presented the second work product of the Rewrite Project, which is a subset of the next deliverable entitled "Zoning Use Matrix, Notes & Restrictions." In addition to researching different topics and issues which needed to be incorporated into the code, staff was engaged in a reorganization of the regulations. Basic components of modern code rewriting were being used, which would be a Use Matrix. He reviewed the Project Objectives, which include preserving initial work efforts; maximizing user- friendliness; continuing public involvement; using a flexible approach and maintaining priority functions of the Planning & Zoning Division. As to the Code, staff is within the proposed rewrite to be represented by a new Chapter 3, Zoning, and specifically, Use Regulations, in Article IV. A PowerPoint presentation was provided, a copy of which is available in the City Clerk's Office. Mr. Rumpf reviewed the first draft product, the Use Matrix, and the Attributes, which included "All uses explained in one table," "Like uses merged for simplicity/consistency," Terminology from North American Industrial Classification System (NAICS) implemented," "New (or improved) use titles and descriptions," and "continued implementation of M-l study" and set forth an explanation of each category shown on the slides. He then reviewed the second draft work product including "Attributes," which were comprised of "Consolidation of regulations," "Clear and concise wording," and "Addition of needed restrictions." Mr. Rumpf provided an explanation for each category. Staff recommended approval of the draft work products to the City Commission. Ms. Horenburger commented under Live-Work Units, "consultant" was not listed in home-based businesses. She advised she was a consultant and had occupational licenses with the City and County. Under Adult Entertainment, "Separation," she inquired whether this pertained to Separation only and whether the 1,000-foot requirement was mandated. Mr. Rumpf advised he did not believe there was a standard mandate for separation; however, the separation requirements vary from jurisdiction to jurisdiction. Ms. Horenburger commented, with regard to churches, residential zoning districts, public usage districts, recreation district or schools, she would like to see separation distances greater than 1,000 feet. She inquired whether this issue was studied. Mr. Rumpf advised it was studied thoroughly. There were residential zoning districts scattered throughout the City of Boynton Beach, including the Planned Industrial Development District. Ms. Horenburger inquired as to how many zoning districts were permitted. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Eric Johnson, Planner, Planning & Zoning, advised that currently, one zoning district had been identified in which Adult Entertainment would be allowed. Previously, if a use was not indicated anywhere in the Code, it was allowed in M-l. This was eliminated. Ms. Horenburger, questioned the language relating to, Sightseeing and Scenic Tours, pertaining to "Vehicles in support of the operation that are a size in excess of a standard parking shall be stored in a zoning district where outdoor storage of vehicles is allowed." She inquired whether the City's trolley would be included under this section, and whether the reference to storage pertained to overnight storage. Mr. Rumpf replied in the affirmative, adding this was a principle use. Ms. Heavilin inquired whether a use not currently provided for would come under M-l. Mr. Rumpf replied in the affirmative. Ms. Heavilin remarked she read through the Rewrite and figured it out very quickly. She commended staff for doing a great job in facilitating the public's understanding of the intricacies of zoning districts. Chair Tillman opened the floor for public hearings. No one having come forward, Chair Tillman closed the floor for public hearings. Motion Ms. Heavilin moved to receive and file. Mr. Sims seconded the motion which passed unanimously. VIII. Pulled Consent Agenda Items Item A- Approval of the Minutes - eRA Board Meeting -April 10,2007 Ms. Horenburger referred to a discussion in the minutes regarding a motion she made allowing for a Treasure Coast Study. The minutes also noted she elaborated the study might indicate more analysis was needed. During the discussion, a June 12, 2007 deadline was requested with respect thereto. She recalled making a statement at that time to the effect that the board could always reconsider and vote to move the deadline. That language did not appear in the minutes. Ms. Horenburger therefore requested that the minutes be corrected to include the omitted language. Motion Ms. Horenburger moved approval of the minutes as corrected. Ms. Heavilin seconded the motion that passed unanimously. 9 Planning and Development Board Meeting Minutes Boynton Beach, Florida May 22, 2007 Ms. Zeitler responded the lot to the south was on a 50-foot wide lot; the lot to the north consisted of several lots put together and developed. The applicant approached the property owner, and the property owner did not want to sell any of his land. The applicant currently owns the property on which he wishes to build a house. Mr. Blehar inquired of the applicant whether the garage was the most dominant figure observed from the street. Mr. Homrich replied the garage comprised approximately 20 feet; however, the entryway softened the view. Mr. Blehar inquired whether the applicant could bring out the recessed portion of the house. Mr. Homrich responded he was dealing with a 25-foot setback and the recessed portion created more depth to the yard. He discussed the issue of off-street parking and the construction of a two-car garage. Motion Mr. Saberson moved to approve staff's recommendation for approval of the requested variance. Mr. Casaine seconded the motion that passed unanimously. B. Land Development Regulations Rewrite Code Review .. ~. Project: Land Development Regulations (LDR) Rewrite (CDRV 07-04) Use Matrix and Notes City-initiated Group 2 deliverable as indicated on the proposed LOR Rewrite Work Schedule, including the Zoning Use Matrix and corresponding Notes and Restrictions to ultimately replace and enhance portions of the current LDR Part 3, Chapter 2. Zoning, Sections 5 though 8. Agent: Description: Mike Rumpf, Director of Planning and Zoning, brought before the board the second draft work product on the LDR Rewrite project. The board previously reviewed the Parks report, draft definitions and proposed work program. The board would review the Zoning Use Matrix, corresponding Notes and Restrictions. Mr. Rumpf advised the original objectives would continue to be furthered. Of the original objectives, user-friendliness and maintaining a flexible and dynamic approach were most addressed by the current work product. The original objectives included preserving and utilizing work efforts; maximizing user- friendliness; maintaining public involvement; using a dynamic approach in the rewrite effort; and continuing to deliver optimal customer service. 4 Planning and Development Board Meeting Minutes Boynton Beach, Florida May 22, 2007 The new LDR was proposed to cover four different chapters. The Use Regulations provided were contained within Article 4 of that Chapter. Mr. Rumpf provided a PowerPoint presentation. Attributes of the Zoning Matrix included the consolidation of uses into one table; the incorporation of terminology from the North American Industrial Classification System (NAICS); new titles and descriptions; and continued implementation of ongoing projects, including the M-l Zoning District Study. He provided an in- depth explanation for each of the attributes. The M-1 Zoning District Study targeted locations of districts, or the impact of the industrial zoning district upon major corridors, thoroughfares and adjacent residential zoning districts. Three key provisions added to the use provisions were: (1) exclude certain uses from the corridor; (2) allow non-industrial uses if located along such corridor; and (3) allow certain industrial uses in combination with particular commercial uses. Staff recommended this be treated as a draft product, that it be approved, and returned to the board and City Commission when all sections were drafted, tweaked and approved. Mr. Rumpf advised Eric Johnson, Planner, was one of the principal authors of this project and was in attendance to answer any questions. Ms. Jaskiewicz inquired whether the intent was to allow "Adult Entertainment" in only one district and in what district would the use be permitted. Mr. Rumpf noted the matrix indicated by district which uses were permitted, prohibited or conditional. As reflected in the matrix, Adult Entertainment was prohibited in all residential, mixed-use and miscellaneous districts; conditionally permitted in certain commercial districts and permitted in an M-1 industrial district. He discussed the manner in which to navigate through the matrix and the symbology contained therein. With regard to the history behind the Adult Entertainment use, the Code was written as a product of litigation, and staff was required to place the Adult Entertainment use in certain districts. At that time, text was written which restricted the use in terms of distance separations from residential uses as well as separation from each other. It was a permitted use in M-1 and not conditional. The general rule would be uses should not be zoned out. This would weaken the Code. A use such as Adult Entertainment should not be made conditional everywhere as in theory, it would have to be permitted somewhere. Ms. Jaskiewicz opined she believed the City was trying to do away with Adult Entertainment, which was a conditional use in the commercial district and a permitted use in M-1. Mr. Rumpf contended if the City provided for such uses, the City would be less of a target for those who would accuse the City of zoning out the use. If the location for the use and its distance separation provisions were combined, this could zone out the use. The zoning districts, while in close proximity to one another, were scattered throughout the City. Mr. Casaine inquired whether there would be an index, which would provide complete definitions for all the uses. 5 Planning and Development Board Meeting Minutes Boynton Beach, Florida May 22, 2007 Mr. Rumpf replied in the affirmative, adding the proposed definitions would define each and every use. Mr. Lis inquired as to the distinction between an "X," denoted in the matrix as a prohibited use, and an open box. Mr. Rumpf advised an open box indicated the possibility of a use. It did not indicate whether a use was actually prohibited or permitted. Not every use that was not allowed was prohibited; however, certain uses were emphasized with prohibitions. Board discussion ensued as to the confusion of intent where an open box was displayed and where a use was not specifically permitted, prohibited, conditional or defined. This must be made clear. If an open box indicated the possibility that a use would be permitted, it must be determined whether an ordinance change was required. Mr. Rumpf indicated staff debated the concerns raised by the board. He noted in the General Rules applicable to the Use Matrix, certain cells did not contain any symbols. A blank could represent an opportunity for someone who had justification for a Code amendment to make such request through the City's process. For those uses prohibited, there would be no opportunity to allow such use. For other designations, there could be an opportunity to permit the use and this would require a Code amendment. Staff was open to the board's recommendations and could include language in General Rule 1 dealing with the scenarios discussed. Mr. Lis requested clarification as to whether an Infill Planned Development (IPUD) and Planned Industrial Development (PID) were open to interpretation pursuant to General Rule 1, while the other designations were not. As such, he inquired whether an "X" should be inserted in all boxes with the exception of IPUD and PID designations. Mr. Rumpf replied the PID was unique in that the Code allowed uses in the three PIDS which were individually noted on the approved use lists. In order for a use to be added to the use approval list, an existing approval process would have to be followed. Mr. Rumpf concurred with the board the dilemma pertaining to unclear, blank designations would require clarification to provide clear and consistent symbols for all to understand. Assistant City Attorney Alexander administered an oath to Eric Johnson, Planner. Mr. Johnson advised staff would take into consideration the concerns expressed by the board. He discussed the City's Code amendment process by which an outside entity could have something approved as an allowable use, either permitted or conditionally, by obtaining the approval of 50% or more of all the property owners within that zoning category. Pursuant to staff's interpretation, an "X" in the use box in the matrix would indicate there would be no opportunity for an amendment process. Mr. Saberson inquired whether the 51% rule pertained to everyone in the (-2 district in the entire City. 6 Planning and Development Board Meeting Minutes Boynton Beach, Florida May 22, 2007 Mr. Johnson replied in the affirmative. Mr. Saberson inquired if the 51% rule would also apply to requested changes in Planned Unit Development (PUD) districts. Mr. Rumpf replied that would be addressed in a later deliverable to the board as staff worked through the project. At present, staff conservatively interpreted the current Code to apply to landowners representing 51 % of the "affected" properties. He requested the board's input as to the public's involvement in requesting an amendment to the zoning regulations. Mr. Lis inquired whether a box which did not contain any symbol, signified the use category was not allowed within the corresponding zoning district. Mr. Rumpf replied it was construed the uses were not permitted in the empty boxes. Mr. Johnson commented an empty box in the C-1 zoning district indicated the use was prohibited. If a private entity wanted to propose the use as a conditional or permitted use in that zoning district, they could request a code review, provided they received the consent of at least 51% of the affected property owners within the C-1 zoning district. They would also be required to pay a minimal fee of $500 to change the Code. This might need to be revisited. If an entity desired to go in this particular zoning district indicated by an empty box, and Planning and Zoning denied the request, a zoning interpretation could be requested in writing and a formal request could be made for an appeal to the City Commission. Mr. Lis suggested a possible solution might be to create a "use not allowed" definition in addition to the definitions previously proposed. Mr. Saberson contended the use of an "X" and vacant box were not appropriate, and created an amorphous situation. Symbols should denote whether a use would be specifically permitted or specifically prohibited. If an "X" indicated a use would be clearly prohibited, under no c/tcumstances should a property owner be able to file a request for a zoning or use change Ms. Grcevic contended that many uses identified by an "X," including safety and traffic issues," should be specifically prohibited. However, other uses left open, such as dry cleaners, gas stations and small grocery stores, were now going into PUD districts. If an "X were to be placed in these boxes, there would be no opportunity to change with the times. Mr. Casaine believed the "X' designation was clear and well defined. The empty box was not clear and should be fine-tuned. A definition of what was not allowed would also be helpful. Ms. Jaskiewicz suggested the lettering be consistent in every box by use of a "P" to indicate a permitted use, and an "NP" for "not permitted." She emphasized her belief that an automotive parts store or automotive dealer should not be permitted in any residential district and there should be no consideration of any change in that area. Mr. Johnson commented two letters would not fit into one box. 7 Planning and Development Board Meeting Minutes Boynton Beach, Florida May 22, 2007 Vice Chair Hay contended the empty box required clarification. Mr. Rumpf suggested a motion be made to be forwarded to the Commission representing the board's support, lack of support, or other direction. Motion Mr. Casaine moved approval of the steps taken thus far by staff with this project, conditioned upon the recommendations and observations presented by the board in order that the next presentation would address these recommendations and observations. Ms. Jaskiewicz requested Mr. Casaine include in his motion the land development regulations rewrite, with approval based upon the recommendations and observations of the board. Mr. Casaine agreed to the inclusion. Mr. Lis seconded the motion that passed unanimously. 8. Other Pamela Owens, Executive Director of the Charter School of Boynton Beach, at 7887 North Federal Highway, Boca Raton. She advised the school was located at the Boynton Beach Mall for approximately four years, and was forced out by an incident on Christmas Eve. The school then relocated to an existing facility in Boca Raton. She advised at the last City Commission meeting, the school requested a zoning amendment for a facility at 3200 South Congress Avenue in an industrial-zoned district in Boynton Beach. The zoning amendment was not approved. The school had submitted a Request for Proposal (RFP) for the Old High School and received the highest score. The CRA voted against the school and selected Five Towns College, which had since abandoned the project. Subsequent thereto, she advised the charter schooi contacted the Commission for a reconsideration process, and would be providing a copy of their RFP to the Commission. She requested the board's assistance in identifying an appropriate location for the school. Vice Chair Hay advised while he sympathized with the school's plight, the board could only make recommendations to the City Commission. It would be the City Commission's ultimate decision as to the zoning. Mr. Casaine advised he attended the City Commission meeting at which the rezoning of the property had been denied. Nevertheless, based on the outcome of the meeting, Boynton Beach Charter School had a great deal of support. Secondly, the Commissioners noted they would explore other avenues and discuss their findings with City staff and the Planning and Development Board. Additionally, Mr. Casaine went to the agency in Washington that dealt with charter schools and they in turn went to the agency that dealt with charter schools in all of the United States. These agencies are awaiting word from Mr. Owens in order to meet and address the issue. Mr. Casaine had left four telephone messages for Mr. Owens; however, Mr. Owens had not returned the calls. As far as what would be an appropriate area in Boynton Beach for the charter school, the board did not have the issue before it at this time and could not take any action with respect thereto. 8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM lX. - CITY MANAGER'S REPORT ITEM A , [SJ City Manager's Report co o New Business o o o Public Hearing 0 RECOMMENDATION: Please place this item on the June 19, 2007 City Commission Agenda under City Manager's Report. Staff forwards this report to the City Commission to prompt a discussion of this project and the comments assembled to date on the proposed Comprehensive Plan amendment by The Town of Briny Breezes. Staff recommends that prior to the City formalizing a position on this proposed amendment and approval by the DCA, significant questions should be answered regarding projected impacts, annexation, water demand and supply, workforce housing, and traffic. For additional information, please see the below description and the attached staff memorandum. Announcements/Presentations , ~-> NATURE OF AGENDA ITEM D D D D Administrative :::::':1 -,..... ,~ Consent Agenda Legal Unfinished Business :-:.; Code Compliance & Legal Settlements en --.J ,~.; ~_:'I ____0> . . ;:::? EXPLANATION: This item is a discussion of the City's response to the proposed Briny Breezes Comprehensive Plan Amendment. This proposed amendment by the Town is a prerequisite to a plan for redevelopment to include a high-end resort, with the current scenario of900 condominiums, 300 time share units, 300 hotel rooms and 9,945 square feet of retail. The city's review of this proposed amendment is pursuant to intergovernmental review procedures, and warranted due to the role that Boynton Beach has in the proposed amendment, and significant potential impacts upon the city. As the amendment specifies, "the vision also involves consideration of a potential future merger with the City of Boynton Beach which is contiguous to the Town on its southern and western borders. The Town and the City of Boynton Beach already have many important relationships. The City of Boynton Beach is where most of the service and retail functions that the Town's residents rely upon are located. Primary access to the regional transportation system is through the City of Boynton Beach by way of Woolbright Road. And the City of Boynton Beach provides the Town with basic infrastructure including potable water and wastewater treatment, as well as fire protection and emergency medical services". These comments have been assembled for forwarding to the DCA through the Treasure Coast Regional Planning Council (RPC). The RPC will hold their public hearing on this item on June 22nd, and any comments received by that date will be assembled with their board package and relayed to the DCA. Please also be aware of the IP ARC process as an additional source for the review and processing of objections to plan amendments of adjacent jurisdictions. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Development D a City Manager's Signature Assistant to City Manager ~ // I ( -' J Planning and Zon' irector S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC City Attorney / Finance DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 07 -054 TO: THROUGH: FROM: DATE: RE: Kurt Bressner, City Manager $ Quintus Greene, Director of Development _ . \ Michael Rumpf, Planning & Zoning Directo .V~ June 3, 2007 Staff review of Proposed Comprehensive Plan Amendment for Briny Breezes Planning & Zoning Division staff have conducted a review of the above-referenced document, as well as organized a review by other potentially affected departments, and consolidated all comments to date herein. The proposed amendment to the Town of Briny Breezes Comprehensive Plan includes only two future land use categories that will permit development. The Resort Residential Mixed Use is the more intensive in that it permits a maximum density of sixty (60) units per gross acre. The land area where this category is proposed is approximately 10.25 acres and could provide approximately 615 dwelling units. The Marina Residential Mixed Use category permits a maximum density of forty (40) units per gross acre and would encompass an area of approximately 25.6 acres, yielding a maximum of 1,624 dwelling units. No maximum intensities are provided for the other uses permitted in either of these two categories, so it is impossible to estimate the commercial square footage that would be possible. However, the proposed development scenario that was used as a basis for the traffic studies show 900 condominiums, 300 time share units, 300 hotel rooms and 9,945 square feet of retail. As described herein, the total impacts on the City of Boynton Beach is unclear at this time, which could be reviewed under significantly different scenarios involving a principal issue of annexation. The following are comments generated by the respective departments: Planning . Introduction (p.11) The Town (Briny Breezes) is considering a merqer with the City of Boynton Beach; however, the proposed amendment and accompanying documents do not define "merger". How would this differ from an annexation? Also, the Town suggests that if the "merger" occurs, a "meaningful amount of the incremental tax revenue generated by the redevelopment of the Town should be used to renovate existing substandard housing or develop new workforce housing in the City to satisfy the housing needs of the Town's employees." This seems to indicate that if annexation occurs, the Town would want to lock in a specific portion of the City's future tax income to be dedicated for a specific purpose, namely workforce housing. . Future Land Use Element (P. 26) The Projected Peak Seasonal Population for the year 2020 is shown as 2,280. Elsewhere, Policv 4.2.1.5 of the Housinq Element (p. 39) provides that proposed employee housing units in the Town not be counted as density, nor are they required to pay impact fees for roads, schools, etc. Are the occupants of the employee housing counted as population in the Town? . Future Land Use Element (p.26 and 28): The plan proposes a maximum of 349 hotel units in the Town; which is 99.7 percent of the DRI presumptive threshold as established within Florida Administrative Code. Coupled with the maximum number of residential units possible, given the acreage available for development and proposed densities, the combined percentages of these two uses is 153.8 percent. Since no intensity standards are given for any non-residential development (retail commercial, marina, etc.) it is possible that the resulting development could be near or above the presumptive threshold of 165 percent for a Mixed-use DRI, thereby circumventing a potential DRI review and the mitigation requirements appropriate to the project which would be beneficial to the City of Boynton Beach. Accordingly, it is suggested that, given the magnitude of the project, a DRI review be required. . Policy 3.3.1.3 of the Future Land Use Element (p.34) Additional setbacks for all structures exceeding four (4) stories lito protect air and light in adjacent municipalities to the north of the Town." (emphasis added). On the west side of A1A the development to the south of the Town is St. Andrews Club within the City of Boynton Beach. On the east side of A1A the unincorporated county pocket immediately south of the Town is basically a single-family development. Neither of these areas is considered for the additional setbacks. Similar setbacks should be required for development abutting these properties. . Finally, the plan proposes that the Town's employees (workforce) that do not reside in the Town are being provided subsidies to reside in other municipalities (where the provision of workforce housing is already problematic), but only to the level of the median household income in the City of Boynton Beach. Unfortunately, the City's median household income is currently estimated at $39,216, compared to $48,099 for Palm Beach County. It would seem that the subsidies should be brought up to the County level, which would still below the median household incomes in Delray Beach and Boca Raton. Utilities . The water and sewer systems serving the current Town of Briny Breezes are seriously under- sized for the expected demand of the proposed development. Most, if not all, of the water and sewer systems, including the lift station would have to be re-built due to the magnitude of the increase. This expense shall be borne by the developer, as required in section 26-31 of the City's code. . Regarding potable water treatment capacity, there is a potential problem in meeting the needs of the proposed re-development due to its significant increase in density and water demand. That potential problem is in part derived from the current uncertainty over water supply sources, due primarily to the recent passage of the SFWMD Water Availability Rule which will severely restrict usage of water supplies from current sources of groundwater. Ability to serve is also dependent upon the future cumulative impacts that could be generated if similar densities were adopted over the surrounding area. Although the City's water supply planning did account for a certain degree of density and water demand increases in the coastal zone, the magnitude of the increase reflected in the proposed development were not modeled nor projected within the water supply plan. To accommodate the significantly increased demand from the Briny Breezes site would require an equivalent reduction in allowed density and water demand elsewhere in the service area. Traffic · Internal Capture. The developer's analysis of existing traffic appears flawed because it may have overestimated traffic generated by existing uses. The developer assumes full trip generation from internal recreation uses, whereas if these were proposed uses, the developer would assume internal trip capture. The developer should reconcile this. · Proiect trip assiqnment. The county is requesting additional documentation regarding the allocation, or assignment of site traffic to the existing road network. Very minor changes in assignment could trigger significant threshold changes in various test segments. More data is necessary to be sure of the assignment. If traffic is not properly assigned and addressed, we could have a large negative impact upon Woolbright Road in Boynton Beach. This is the most important aspect to us. · Timeshare. The County requested further documentation on trip generation by the time share component. This request is reasonable. · Lastly, the County has expressed concern about proposals to use remote parking and mass transit for future Briny Breezes employees. The Comprehensive Plan amendment says that "the Town shall endeavor to provide a parking area to the west of the I ntracoastal waterway and shall provide the shuttle system between the parking area and the Town to the extent practicable". The county suggests that the Comprehensive Plan should require a shuttle system as a condition of approval. Fire · The City of Boynton Beach and the Town of Briny Breezes have an interlocal agreement (2004-2016) for fire/rescue/emergency medical services. Per the terms of the contract with the City of Boynton Beach Fire Rescue Department, the project would be required to meet Boynton Beach City Ordinances in addition to the Florida Fire Prevention Code. All plans would have to be reviewed and approved by the Fire & Life Safety Division. (The projected plan review fee is $0.060/sq. ft.) · High-Rise buildings (over 75 feet) require a fire protection water supply of 3000 gallons-per- minute (gpm) at a pressure of 20 pounds-per-square-inch (psi). Boynton Beach has specific requirements that must be built-in for high-rise buildings including a Firefighters Breathing Air Replenishment System (FBARS) per the Uniform Plumbing Code (2006). · Of particular importance to the fire protection design is emergency access issues and the impact parking has on it. · The size of this project would require additional staff to provide periodic inspections to assure all code requirements remain in compliance. The cost of a Fire Inspector for this provision is approximately $85,000.00 inclusive of salary, benefits, equipment and vehicle. Revenue from inspection and related fees would offset this cost. It is anticipated that the project, as planned, would generate approximately $139,000 in plan review fees and an additional $14,000 per year in inspection fees. · Based on the projected addition of about 6000 people on a part-time basis (time-share and hotel, plus seasonal condominium occupants) we would expect to see the City of Boynton Beach number of emergency responses increase by about 5-6 % (12,000 X .06 = 720) or about 720 additional requests for service each year. From an operational standpoint, this additional workload will come about over a several year period as the build out of the project progresses. At some point soon after the completion of the build out an additional fire rescue unit may be required as the call volume in the city increases as well, due to the build out of the downtown, waterfront, and Heart of Boynton. . The one issue that may come forward would be the concern of not having a fire rescue station on the barrier island, which could cause a delayed response issue if both bridges over the Intracoastal Waterway are out of service or in the up position at the same time. While a present and unlikely concern, the value of the project - post-construction - exacerbates the need to ensure guaranteed and dedicated response within the barrier island. It has been a practice in some areas of the county and state to require the builder of such projects to provide the physical facility for the fire station and response vehicle (Fire Engine) as part of the development plans and agreement. The Fire Rescue Department encourages such a partnership and submits this as a strong recommendation. . There will be no additional special equipment needs or unique problems presented by this development as it will be similar in make up and construction to what we are already seeing in the downtown Boynton Beach area. . Attached below please find provisions of the existing Inter-Local Agreement that exists between Briny Breezes and the City of Boynton Beach. The first outlines the term of the agreement (Section 2). The second addresses a provision of Section 4 that allows an adjustment to address unforeseen events or contingencies. The expansion in question certainly meets the criteria of an unforeseen event and opens the door for an increase adjustment to the current fee schedule. This would be necessary to offset the cost of additional firefighters to staff the additional fire rescue unit(s) necessary to provide a reasonable degree of coverage to this area, estimated to be approximately $1.3 million dollar (inclusive of salary, benefits, uniforms/PPE and equipment). SECTION 2. TERM OF AGREEMENT The term of this Agreement shall be for a period of twelve (12) years commencing October 1, 2004 and ending September 30, 2016. The parties agree that during the term of this Agreement that every four years, (in the month of August 2008, and August 2012) the parties will, in good faith, review the Agreement in order to conduct a performance evaluation and to amend, if appropriate, the Annual Fee payable to the City, as defined herein. SECTION 4. PAYMENT B. The parties agree to negotiate in good faith an adjustment to the Annual Fee which may be necessary to offset any increased costs incurred by the City for providing the services and programs pursuant to this Agreement, due to unfunded mandates specifically directed toward the provision of fire rescue services, of the Federal, State, or County government and to address any unforeseen events or contingencies. The City shall provide the Town with the amount of the adjustment resulting from unfunded mandates no later than May 1, 2005, and each year thereafter during the term of the Agreement. Any adjustments to the Annual Fee pursuant to this subsection shall be effective on October 1 , 2005 and each year thereafter. The adjustments contemplated in this subsection shall be in addition to the annual adjustment set forth below. CC: Carisse LaJeune ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IX.-CITY MANAGER'S REPORT ITEM B. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) ~ June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2,2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 AnnouncementslPresentations ~ City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Per the request ofa member of the Commission, place on the agenda an update on Property Tax Reform passed by the Florida Legislature. EXPLANATION: On June 14,2007, the Florida State Legislature passed a Property Tax Relief Package which included a statutory bill, a constitutional amendment, and a bill that sets the special election for January 2008. At the request of the Commission, staff has compiled a report which summarizes the legislation and forecasts the fiscal impact the legislation will have on the city. PROGRAM IMPACT: See attached. FISCAL IMPACT: See attached. ALTERNATIVES: Not to allow report. Department Head's Signature City Manager's Signature Assistant to City Manager C/K{./ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC t The City of Boynton Beach, Florida 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Finance Administration (561) 742-6310 Fax: (561) 742-6316 MEMORANDUM TO: Mayor Taylor Vice-Mayor Rodriguez Commissioner McCray Commissioner McKoy Commissioner Weiland FROM: Kurt Bressner DATE: June 19,2007 SUBJECT: Update - Property Tax Reform Attached is a summary of the impact of the 2007-08 tax cut provisions of the Property Tax Relief Package passed by the Florida legislature on June 14, 2007, on the City's 2007-08 property tax revenues. While the calculation requires the City to reduce our 2006-07 tax revenue by 7%, it also allows us to account for the revenue that would be attributed to the assessed value of new construction. As you can see, based on the preliminary 2007 assessed values released by the PBC Property Appraiser on June 1, our tax base has grown from $5,597,854,355 to $6,121,127,346, a $523,272,991 or 9.35% increase. Almost 65% of the growth from 2006, or $338,926,436, is attributed to new construction. Therefore, while the mandated reduction of 7% reduces our 2006-07 revenue base of $39,744,766 by $2,782,134, the significant amount of new construction generates an additional $2,166,553, resulting in a net decrease to the 2006-07 tax revenues of $616,072. Please note that while Option #1 results in a decrease in property taxes below 2006-07 budgeted levels for the City, the CRA's tax increment distribution would increase by $323,454, primarily due to the growth in their tax base exceeding the percentage reduction in the City's projected millage rate of 6.3924. The new property tax legislation does provide for an override of the 2007-08 tax cuts stipulated by the legislature. Option #2, which provides for a rollback to 2006-07 revenue levels, but NO additional reduction, would require a 2/3 vote of the governing board. Option #3, which maintains the current 2006-07 tax rate of 7.10 mills, requires a unanimous vote of the governing board. In summary, Option #1 meets the statutory requirements for 2007-08 of the new legislation and results in a millage rate of 6.3924 mills, a 9.97% decrease from the current rate of 7.10 mills. Option #2 would require a 2/3 vote by the City Commission to override the statutory tax cuts prescribed for 2007-08 and would result in a millage rate of 6.8736, a 3.19% decrease from the current rate of 7.10 mills. Option #3 would require a unanimous vote by the City Commission to override the statutory tax cuts prescribe for 2007-08 and would maintain the tax rate at 7.10 mills. I Now that we finally know the impact of the new property tax legislation, we can determine the budgetary shortfall that exists based on the initial 2007-08 budget requests submitted by department in early to mid May. Unless directed otherwise by the Commission, staff will focus on preparing a preliminary 2007-08 budget utilizing proj ected property tax revenues from Option #1. Staff is working on finalizing the program analysis project which will help identify essential and discretionary programs city wide, and the CRA should be doing the same as well. The Budget Review Team will then meet with departments once again to discuss specific budget reductions for each department. During this review, all programs will be evaluated and every effort will be made to minimize staff reductions. All other costs, including operating and capital costs, will be given first consideration, as well as new sources of revenue. With normal budget growth, it is highly likely that there will need to be program reductions to offset the revenue shortfall shown in Option #1. It is important to remember that the 2007-08 budget year and the statutory tax cuts are only the first phase of the property tax reform package adopted by the Florida legislature. The new "super exemptions" that will go to referendum in January 2008 and will effect the 2008-09 budget year, if approved by the voters, could result in significantly larger property tax revenue reductions for 2008-09 and much deeper budget cuts than will be required for the 2007-08 budget. In addition, it is quite possible that if the referendum question fails, the legislature may go back and place further statutory restrictions on Cities and Counties by amending the recently adopted legislation. Finally, I have also attached a property tax relief summary prepared by the Florida Chamber of Commerce for your information and review. CC: CMLT Lisa Bright 2 w ~ ....J :::! C(:E o a:~~ O~w ~Oe>.... WOo :iCl):l~ UOlXl.: ~~;i~ a1lf:l'; ~aIl~ ~ ~zc(.. Zoco.5 ~~g~ a1~~l!! LL;i~ll.. O>~ ~o u~ CI) w CI) ~ 'lti co c9 .2 ~ "0 ON ~O wZ Z:l wLL e> ....J i~~O 8"", W Z :O:=Oz:l OWLL ONe> ....J 'lti~ ~ 0 8"", w Z :O:=Oz:l OWLL ONe> -l ~~~ W::l 8d:ju.. 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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 Meeting Dates in to City Clerk's Office D April 17, 2007 April 2, 2007 (Noon.) ~ June 19,2007 June 4, 2007 (Noon) D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative ~ New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Discussion related to transferring the Community Redevelopment Agency (CRA) responsibilities to the Boynton Beach City Commission. EXPLANATION: A member of the Commission at the June 15,2007 pre-agenda meeting requested that this item be placed on June 19, 2007 Commission agenda under New Business. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNA TIVES: Not to allow the discussion. Department Head's Signature City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI. - NEW BUSINESS ITEM B. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) [gJ June 19,2007 June 4, 2007 (Noon) 0 May 1, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15, 2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 AnnouncementslPresentations [gJ City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Determine whether the City should review the existing ordinance on Water Restrictions to consider exemptions to the surcharge for different class of water users. EXPLANATION: The City's code requires mandatory surcharges on potable water during declared water emergencies. These surcharges apply to all customers using 10,000 gallons of water or more per month, whether those customers have residential or commercial accounts. These surcharges were instituted via ordinance to encourage water conservation during times of drought that lead to severe water shortages. The code section requires automatic imposition of the surcharges upon declaration of a water shortage emergency by the South Florida Water Management District Governing Board. Currently, the surcharge schedule is as follows Restriction Phase Phase 1 Phase 2 Phase 3 Phase 4 Percent SurcharQe 15% 30% 45% 60% We have received complaints about the surcharge from various users, in both commercial and residential classes. Some of the complaints were due to a misunderstanding of why the surcharge was imposed; whereas others were simply objecting to the additional amount charged. To date, we have not granted any exemptions to the required surcharges. PROGRAM IMPACT: In general, the Utilities Department's conservation results, including those instigated by the surcharge, have been very successful during this drought period. Please see the attached chart to visualize the significant water consumption that has occurred, compared to the prior year. For April 2007, the decrease in billed consumption was 8.1 % over the previous year, and for May 2007, the decrease was 17.7% from May 2006. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ," ~"..""" r "v .' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Making exemptions on the basis of customer class, or reducing the amount of surcharge applied to any class of customers, will adversely affect the effectiveness of the water conservation efforts. Further, it will be difficult to implement such an exemption program, due to the difficulty in identifying and exempting any user classes over others and coding them on the customer bills. FISCAL IMPACT: (Include Account Number where funds will come from) No immediate financial impact is envisioned. AL TERNA TIVES: Continue to apply the fixed surcharge to all customers without any exemptions. 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Musl be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeling Dates in to City Clerk's Office D April 17,2007 April 2, 2007 (Noon.) ~ June 19, 2007 June 4, 2007 (Noon) D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon) D June 5,2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) D Announ cern ents/Presentations ~ City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Accept this status report from the Development Department on pending code changes regulating Chickee Huts. EXPLANATION: In response to recent concerns about the lack of zoning regulations and review procedures by the City for chickee, (aka "tiki") huts, that are constructed by licensed Native American Indian Tribes in accordance with State regulations, the Department of Development proposes changes to the Land Development Regulations. To date, these improvements have not been addressed with specific zoning regulations, in part, due to the longstanding exemption (from structural permitting requirements) provided in state law for those structures constructed by either the Seminole or Miccosukee Indian Tribes. Although state law does not exempt chickee huts from local zoning regulations (i.e. setbacks), given the minimal permitting requirements, the lack of understanding by the citizenry of the zoning requirement, and the absence of past issues involving conflict or incompatibility, improvements are typically made without city involvement. The city is occasionally contacted for direction in advance of construction, and the city has historically applied setback provisions similar to those required for outdoor storage structures (i.e. sheds). However, such setbacks are only 3 feet (min. side setback), and, to be consistent with those regulations, the hut could not exceed 9 feet in height and 100 square feet in area. The proposed amendments would I) Establish a definition; 2) Add this improvement to the list of "Other Structures" within the city's Zoning Regulations; 3) Add setback provisions; and 4) Establish a review procedure to ensure compliance with both local and state law. Due to the potential for creation of non-conformities, staff also proposes that all pre-existing improvements (that have verification of compliance with state law and any applicable local permitting requirements), be "grandfathered." These proposed regulations, if supported by the Commission during this preliminary review/update, will circulate to the respective advisory boards and then return to the Commission for ordinance processing. S:\BULLETINlFORMSIAGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMP ACT: N! A FISCAL IMPACT: Additional permit fee revenue to cover the cost of review and inspection. e the proposed direction regarding regulating chickee huts, or approve with modifications. City Manager's Signature Assistant to City Manager ~ Development Department City Attorney! Finance S:\BULLETIMFORMSIAGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlV>. XII. - LEGAL - 2nd Reading Non-Development ITEM 8.1 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17,2007 April 2, 2007 (Noon.) ~ June 19, 2~.L June 4, 2007 (Noon) 0 .;JNO L (j- 0 May I, 2007 April 16, 2007 (Noon) July 3, 2007 June 18, 2007 (Noon) X May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2. 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) :-] 0 Announcements/Presentati ons 0 City Manager's Report :::.:;-J ~..~ -.-1 0 _-I -~ NA TURE OF Administrative New Business ~.., AGENDA ITEM 0 Consent Agenda ~ Legal -0 -J :;:Cl - 0 Code Compliance & Legal Settlemenls 0 Unfinished Business r-.~ ..... 0 Public Hearing 0 .-- -0 ,-" ..' RECOMMENDATION: Revision of Chapter 2.5, Alarm Systems, City of Boynton Beach Code of Ordinan~f. ...~ ":J ..-;-:, U.., ---::::>- EXPLANA TION: The last significant revision of Chapter 2.5 occurred in September] 998. Most of the changes are ~ simple updates. This revision also contains accountability and permitting requirements for alarm companies and a significant increase in fines for failure to comply with the Code. Last year the Fire Rescue Department responded to 872 false alarms in the city. PROGRAM IMP ACT: The Fire and Life Safety Division is trained to effectively deal with the code changes, as noted. FISCAL IMPACT: There is no cost associated with these changes. Our goal is compliance and not revenue. Fire Life Safety revenues are unknown and will increase proportionate to punitive actions taken as a result of this change. Revenue Account #00]-0000-342-22-00. Fire Rescue Department Name Approve the Code changes with acceptable amendments. u~ City Manager's Signature Assistant to City Manager ()f}1(/ ~ ALTERNATIVES: ]) Do not approve these changes. 2) Department Hea Signature William L. Bingham, Fire Chief City Attorney I Finance S:\BULLETIN\FORMS\A.GENDA ITEM REQUEST FORM DOC 1 ORDINANCE NO. 07- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING THE CITY OF BOYNTON 5 BEACH CODE OF ORDINANCES, CHAPTER 2.5, 6 "ALARM SYSTEMS," TO UPDATE THE CODE AND "7 ADD ACCOUNTABILITY AND PERMITTING 8 REQUIREMENTS FOR ALARM COMPANIES; 9 PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City of Boynton Beach Fire and Life Safety Division has detemlined 13 that it is necessary to amend Chapter 2.5, Alanll Systems, of the City's Code of Ordinances; 14 and 15 WHEREAS, the City Commission has determined that it is in the best interests of the 16 residents and citizens of the City of Boynton Beach to amend Chapter 2.5 of the Code of 17 Ordinances. 18 I. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 19 I THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 i I Section]. The foregoing "Whereas" clauses are hereby ratified and confirmed as Ibeing true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. 21 22 'J" ~;) 24 Section 2. Chapter 2.5, Alarm Systems, is hereby amended as follows: 25 Section 2.5-1 Short title. 26 ')"7 -/ This chapter shall be known and cited as the "Burglar and Fire Alarm Ordinance." 28 29 Section 2.5-2 Definitions: For the purpose of this chapter, whenever any ofthe following words or terms are used herein, they shall have the meanings ascribed to them in this section: 30 31 32 33 A1aml: Any device which is used in a building or premises for the detection of fire, medical S:ICADrdinances\Chapter 2.5 Fire Alal111 Systems Ordinance.doc Page 1 II I 1 I alerts, unauthorized entry, burglary or any other criminal activity, and which when activated 2 emits a sound, signal or message to alert others, whether emitted on or off the premises or to 3 the central office of an alarm business. 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 37 38 39 40 41 42 43 Commercial Alarm System: A Fire Alarm System to monitor flow, tamper, manual initiation devices and audible notification, located at any business, Multiple Dwelling Unit and/or Storage Facility. Residential Alarm System: A Burglar Alarm System, which mav have smoke detectors attached to the system, located at a single family dwelling. Alarm business Contractor: Any Licensed person engaged in the business of selling, leasing, monitoring, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm for any building place or premises. All associated work and personnel shall comply with Ch. 489, Fla. Stat. Alarm user: Any person using an alarm or occupying and controlling Premises or building, or a portion of a premises or building, served by an Alarm. Audible alarm: An alarm that sounds a warning bell, buzzer, or other Sounding device that can be heard for fifty (50) feet or more beyond the protected premises. Class "A" alarms: All those alarms activated by illegal entry, in response to criminal activity, fire, or the need for emergency medical response and include alarms activated solely by an act of nature not contributed to by faulty design, maintenance, installation or use. False alarms: All activated alarms, responded to by the police and/or fire department, which do not qualify as class "A" alarms, including but not limited to alarms activated through inadvertence, neglect, accident, alarm testing, and faulty installation or maintenance, and excessive vibrations or power failure. Government: Any direct agency of any federal, state, county, or city government including schools and the U.S. Postal Service. Person: Shall mean any natural person, individual or any firm, limited partnership, sole proprietorship, corporation, apartment association, or any business entity whatsoever. partnership, assocIatIOn, complex, condominium Premises: Shall mean the building or structure and adjoining property which is protected by and upon which is installed an emergency alarm or alarm system. Sec. 2.5-3. Alarm operating permit required. No person shall have an alarm installed to be S:\CAIOrdinancesIChapter 2.5 Fire Alarm Systems Ordinance.doc Page 2 operational, or use an existing alarm serving premises, or a building, or portion tbereof, 2 occupied or controlled by such person, unless an alann operating permit in the fom1 of a decal 3 has been issued bereunder, and is in force, authorizing the use of such alarm. Such alarm 4 operating permit shall constitute a regulatory license. For any alarm existing prior to tbe 5 effective date of this chapter an alann operating pemlit application shall be made within sixty 6 (60) days of the effective date hereof. A person with an installed alarm system without a 7 permit from the city shall be issued a notice of violation and that person shall have ten (10) 8 days from the date of the notice of violation to make application for a permit. If application 9 for a permit is not made within ten (10) days of the notice of violation the person shall be in 10 violation of this section. 11 12 Sec. 2.5-4. Application for permit: 13 (a) Application for an alarm operating permit for the operation of an alarm system sball be 14 made by a person having control over the property on which the alann system is to be 15 operated. Such application shall be made in writing to the building official on a fom1 16 designated by the city for that purpose. On such application, the applicant shall set forth: 17 18 (1) The name, address and telephone number of each person in control of the property. 19 20 (2) The street address of the property on which the alarm system is to be or has been 21 installed and operated. 22 23 ,(3) Anv business name used for the premises on which the alann-svstem is to be installed 24 I ~u'd operated. ~ - 25 I 26 I (4) Whether the alarm system or systems are or are not local alarms and whether tbe alarm 27 I system or systems are designed to give notice of a burglary, fire, hold-up or of other type of ~: I emergency. 30 II (5) The name of the person or alarm system business who will instali the alarm system. 31 I 32 (6) The names and telephone numbers of two (2) persons which are able to and have agreed 33 as follows: 34 35 a. To receive notification of alarm activation at any time; 36 37 b. To arrive at the alarm site within one (1) hour after receiving a request from a member of 38 the communications center, police department or fire department to do so; and 39 40 c. To grant access to the alarm site and to deactivate the alarm system if such becomes 41 necessary; or The name and telephone number of an alam1 system business which is able and 42 has agreed to provide as follows: 43 S:ICA 10rdinanccslChapter 2.5 Fire AlaJTl1 Systems Ordinance doc Page 3 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 I I I I d. The names of two (2) persons listed with that company who are able to arrive within one (1) hour after receiving a request from a member of the communications division, police department or fire department to do so, and to grant access to the alarm site and to deactivate the alarm system if necessary. e. When necessary, the permit holder shall give the alarm system business the name and I telephone number of another person who is able and is willing to perform the above described i duties so that at least two (2) persons are listed with the alarm system business at all times. f. The person having control over the property has authorized the alarm system business to provide the names listed with that business pursuant to subsections d and e above to the police and/or fire department or the communications center whenever that department(s) or the communications center has requested that information in order to obtain assistance after an alarm has been activated. (b) Immediately after receipt of the alarm operating permit application, the building official or his designee, shall forward a copy of the application to the communications division. Sec. 2.5-5. Term of permit; fee, nontransferable: (a) Fee. A fee of thirty dollars ($30.00) shall be charged the alarm user by the city for each alarm operating permit issued, to defray the cost of regulation. Successive renewal fees shall not be required of a residential or commercial permit holder except as provided in subsection (b) Term and renewal. An alarm operating permit shall have an indefinite term from date of issuance; provided however, the term shall expire and the permit [shall be] deemed invalid with any change in ownership of residential or commercial property to which the permit is assigned. Compliance with subsections (1) and (2) shall revalidate the alarm permit. (1) An alarm pem1it holder is required to notify the city within seven (7) days of any change of alarm permit registration information. (2) Any change in ownership of residential or commercial property to which an alarm permit is assigned shall require a new registration application and a fee of thirty dollars ($30.00). 36 (c) Permit nontransferable. Any alarm operating permit issued pursuant to this article shall not be transferable or assignable and shall cover only one (1) building or premises or portion thereof. 37 38 39 40 41 42 43 Sec. 2.5-6. Issuance of alarm operating permit: An alarm permit will be issued by the building official upon receipt of said completed application, and the building official or his designee may inspect the alarm equipment and lanned installation and may require the submission of additional and specific information. S:\CA 10rdinanceslChapter 2.5 Fire Alarm Systems Ordinance.doc Page 4 1 2 An alarm operating permit shall be denied if: 3 4 (a) The requested information is not supplied on the application or such additional 5 information as required [is not furnished. ] 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (b) Material information on the application is incorrect. (c) Any person or entity listed on the application under items (a)(4), (5) and (6) of section 2.5-4 of this chapter does not possess any required occupational or regulatory license to conduct the activities required by said items (a)(4), (5) and (6), unless the person or entity is the alarm user. (d) lfthe equipment is found to be inferior and not capable of proper performance. Sec. 2.5-7. Decal required: Each alarm operating permit holder shall be issued an alarm decal by the building official. Said decal shall be displayed at the main entry or a conspicuous place visible at the front of the premises of all business, commercial establishments, and residential premises, covered by said permit. 23 24 25 Sec. 2.5-8. Duties of property owner: For the purpose of this chapter, both the owner and lessee of an office or commercial premises shall be considered to be the owners of the premises and shall be held jointly and severally responsible for the registration of the alarm system and liable to the city for all service fees charged for false alarms. The owner of an apartment complex or multifamily residence is responsible for the registration of all alarm systems and shall be liable to the city for service fees charged for false alarms. 26 27 28 29 30 II The person in control of the property on which an alaml system is installed shall: 31 32 (a) Ensure that any person listed with the city is able: 33 34 (1) To receive notification at any time; 35 36 (2) To come to the alarm site within one (1) hour after receiving a request from a member 37 of the police department, fire department or communications department to do so; and 38 39 (3) To grant access to the alann site and to deactivate the alarm system if such becomes 40 necessary. 41 42 (4) To inspect the alarm system after each activation to ensure proper operation. 43 S:ICA10rdinanceslChapter 2.5 Fire Alarm Systems Ordinance.doc Page 5 1 (b) Train all persons who may activate the alarn1 system in the proper operation of the 2 alarm system. 3 4 ! (c) Failure to respond as provided shall result in a fine of fifty dollars ($50.00). The police 5 i department or fire department shall indicate on their false alarm report the failure to respond. 6 . The finance department shall be responsible for assessing the fifty dollar ($50.00) fine. 7 8 (d) Notify the city within thirty (30) days of any changes of information contained on the 9 original application. 10 11 (e) Properly maintain the alarm system to ensure malfunctions due to faulty maintenance 12 will not occur. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Sec. 2.5-9. Duty of person notified to provide access to premises, render assistance. Any person who is notified by any member of the communications division, police department or fire department of the activation of an alarm system and who is able to give access to the alarm site shall come to the alarm site within one (1) hour of the time such person is notified of such activation and shall provide the police and/or fire department any necessary access or assistance. Failure to respond as provided shall be grounds for and result in the city taking reasonable action to deactivate the alarm. Fire alarms required by fire codes and/or state statutes shall be exempt from deactivating the alarm. Sec. 2.5-10. Operation of system: No person shall install, or cause to be installed or permit to be installed any alarm system unless the requirements of this section are met. (a) Any alarm system which may be activated as a result of different types of emergency situations shall give a unique signal to designate activation as a result of a hold-up, a burglary, a fire, or any other different type of emergency situation so that the proper notification and proper response can be made. 33 34 (b) Any local alarm system shall have a twenty-minute shutoff and must not make a sound similar to that of a siren, an emergency vehicle or a civil defense warning system. For purposes of this subsection any alarm system which emits any variable tone (as opposed to a steady pitch or a ringing sound as is made by a bell) shall be considered to be emitting a sound which is similar to that of a siren, an emergency vehicle or a civil defense warning system. 35 36 37 38 39 40 41 42 43 (c) Any hold-up alarm shall be designed so that it may be activated only by intentional and deliberate human action; and any owner found in violation of subsection (a), (b) or (c) shall be fined fifty dollars ($50.00). (d) The police department or fire department shall indicate any violation of subsection (a), (b) or (c) on the alarm report and code enforcement division shall be responsible to take the S:ICA \OrdinanceslChapter 2.5 Fire Alarm Systems Ordinance.doc Page 6 1 appropriate action by issuing a notice of violation of this section. The owner of the alaml 2 system will have ten (10) days from the date of the notice of violation to correct the violation. 3 If the violation is not corrected within ten (10) days, the owner shall be fined fifty dollars 4 ($50.00). Code enforcement shall notify the finance department to mail the notice of fine 5 (invoice) if the violation is not corrected. If the fine is not paid within ten (10) days the alarm 6 owner will be in violation of section 2-17 of this chapter. 7 8 (e) The city may set reasonable standards and procedures to be followed by any alaml 9 system business or telephone answering service when giving notice to the communications 10 division of activation of an alarm system. Such standards and procedures shall be set out in 11 writing and made available to any alarm system business or telephone answering service 12 requesting same. 13 14 ill The Fire Rescue Department shall indicate any violation of subsection (a) or (b) on 15 their alann report. The Fire and Life Safety Division shall be responsible to take the 16 appropriate action by issuing a notice of violation of this section. The owner of propertv 17 containing a commercial alann system will have ten !..lQLdays from the date of the notice of 18 violation to correct the violation. If the violation is not corrected within ten days, the owner 19 shall be fined ~$1 00.00 per day until the violation is corrected and Fire and Life Safety 20 accepts system changes or repairs. The Fire and Life Safety Division shall notify the Finance 21 Department to mail the notice of fine if the violation is not corrected. If the fine is not paid 22 within ten days, the alam1 owner will be in violation of Sec. 2.5-17 of this chapter. 23 I I 24 Sec. 2.5-11. False alanns prohibited; exceptions: 25 No person shall intentionally activate an alarm system for any purpose other than an 26 emergency or threat of emergency of the kind for which the alarm system was designed to 27 give notice. The owner or person responsible for testing a fire, burglary or emergency alarm 28 system shall be required to notify the communicutions Fire and Life Safety Division a 29 I minimum of one (1) hour prior to the alarm system test. It shall then be an affinnative defense 30 II to prosecution under this section that the alam1 system sounded solely for the purpose of 31 testing the alarm, and the person who tested the alann took reasonable precautions to avoid 32 any request being made to the police department or fire department to respond to such alarnl. 33 34 Sec. 2.5-12. Excessive false alanns declared a public nuisance; exceptions. 35 (a) The emission activation of more than three (3) false alarms of a residential alarm system 36 within any twelve-month period of time is excessive and constitutes a serious nuisance, and is 37 hereby declared to be unlawful and a violation of this section. No person shall al1O\v, pernlit. 38 cause or fail to prevent the emission, activation for any reason, by any alarnl used by such 39 person, or any alarm serving a premises or a building occupied and controlled by such person. 40 of more than three (3) false alarms within any twelve-month period of time. 41 42 (b) All new residential property with a permitted alarm systems shall be exempt from the 43 application of this section for the first three (3) months from the date of initial installation. S:ICAIOrdinances\Chapter 2.5 Fire Alarm Systems Ordinance.doc Page 7 1 ! 1 2 (C) Occupancies with multiple alarm zones, ef apartment complexes, or commercial 3 occupancies with multiple alarm systems, that areaY maintained by the same company, may be 4 declared nuisance alarms by the Fire Marshal and shall be assessed a false alarm fee. 5 Sec. 2.5-13. False alarm response service fee; collection: For response to excessive false alanns by the police department or fire department, the alarm user shall be charged a service fee by the City as follows: 6 7 8 9 10 11 12 13 14 Six (6) false alanns in anyt'.velve month period $100.00 15 i! Each successive false alarm, after six (6), in any t\velve month period. 16 17 18 19 20 21 22 Four (1) false alarms in un)' twelyc month period $25.00. Five (5) false alnnns in any twelve month period. 23 24 25 26 27 28 29 30 1 st false alarm in a 12-month period = No charge 2nd false alarm in a 12-month period = No charge 3rd false alarm in a 12-month period = No charge 4th false alarm in a 12-month period = $75 for residential; $200 for commercial 5th false alarm in a 12-month period = $100 for residential; $500 for commercial 6th false alann in a 12-month period = $150 for residential; $750 for commercial 7th and successive false alam1 in a 12-month period = $200 for residential; $1000 for commercial. 31 32 Example: A residence with 9 false alam1s within 12 months would be calculated as follows: 1 st $0 2nd$0 3rd $0 4th $75 5th $100 6th $150 th $200 8th $200 9th $200 $925 Total 33 34 35 36 37 38 39 40 41 42 43 The chief of police or his/her designee shall determine whether a false burglar alarm has occurred and the frequency of such false alarms. The city shall notify alarm users of amounts owed to the city and shall make demand therefore, pursuant to the provisions of this section. The Fire Marshal shall determine whether a false fire or medical alarm has occurred and the frequency of such alarms. The Fire Rescue Department shall notify alunn users of the amount S:\CA IOrdinanceslChapter 2.5 Fire Alarm Systems Ordinance.doc Page 8 1 ov,nod to the city and shall make demand therefore pursuant to the follo\',in; provisions: 2 3 (a) "\ fine of $1 00 \'/ill be issued for every false alarm over the Third Second false alml11 in 4 any calendar year. 5 6 (b) Proof of alarn1 repair on the date of the false alarm can result in the fine being reduced 7 ~ or waived. if approved by the Fire Marshal. 8 9 The Fire and Life Safety Division will bill and maintain records for all fire and medical false 10 alarn1s. 11 12 The city attorney may proceed by a suit in a court of competent jurisdiction to collect said 13 charge after demand therefore has been made by the city and the payment thereof refused by 14 the alarm user. 15 16 Sec. 2.5-14. Interference with city telephone trunk lines prohibited: 17 Almm business central office required; identification required. 18 (a) No person shall use or cause to be used any telephone or electronic device or attachment 19 that automatically selects a public primary telephone trunk line of the communications center, 20 police Department, fire department or any other department or bureau of the city, and then 21 reproduces any prerecorded message to report any burglary, unauthorized entry or other 22 emergency. 23 24 I (b) No person shall provide a private alarm service system programmed to a central alarn1 reception office unless it shall have the central office staffed at all times, twenty-four (24) hours a day, including holidays. 25 26 271 28 . (c) Any staff member of a private alarm service system reporting an alarm activation to 29 I which police department and/or fire department response is requested shall identify himself 30 II and state the name and telephone number of the alanll business by which such response is 31 requested. ,.., :)... 33 (d) The request for response shall include the name, telephone number, and zone. if 34 applicable, of the alarm activation. 35 36 Sec. 2.5-15. Audible alarms: 37 All alarms which may be heard in any public place shall be equipped and maintained to 38 automatically cut off no longer than twenty (20) minutes after being set off. 39 40 Sec. 2.5-16. Enforcement through codes enforcement board: The building official. police 41 chief, fire chief or their designees may initiate action before the codes enforcement board of 42 the city to obtain compliance with this chapter and payment of service charges assessed by the 43 city pursuant to section 2.5-13. The board shall have the authority to place a lien against the I S:\CA\Ordinances\Chapter 2.5 FIre Alann Systems Ordinance.doc I P~e9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 property served by a burglar and/or fire alarm in the amount of all assessed service charges. Sec. 2.5-17. Service charge, fines; failure to pay: The owner of an alarm system in violation of a specified section of this chapter shall have ten (10) days from the date of the violation notice to pay the service charge and/or fine. (a) If the owner fails to pay the service charge or fine within ten (10) days the city shall notify the owner or person in charge of the alarm system by certified mail that the payment is past due in violation of this section and demand that payment be made within ten (10) days of the date of the demand for payment letter. (b) If the owner or person in charge of the alarm system fails to pay the past due amount within ten (10) days, the city attorney may proceed by a suit in a court of competent jurisdiction to collect said unpaid service charges and/or fines from an alarm system owner, and the city attorney shall have the authority to place a lien against the property served by a burglar and/or fire alarm in the amount of all assessed service charges and/or fines. (c) The owner of the alarm system and/or the premises the alarm system serves shall be responsible for all costs incurred in collecting the service fee including attorney's fees. 23 Sec. 2.5-18. Departmental review of contested fees: (a) Alarm users wishing to contest a false alarm response service fee shall provide to the police fire rescue department, within thirty (30) days of imposition of the fee, a written I explanation detailing reasons that the false alarm response service fee should be reduced or waived. 24 25 26 27 (b) The chiefs of the police department and the fire rescue and life safety department shall 28 each designate a member of their respective departments to process, review and make a 29 written recommendation to the department chief on each case contesting a false alarm 30 II response service fee. 31 I 32 I f€i( c )The chief of each department shall review the recommendation and may reduce, remove, 33 or leave unchanged the false alarm response service charge imposed pursuant to section 2.5- 34 13. The decision of the chief of the respective department shall be the final decision of the 35 city. 36 37 38 39 40 41 42 43 Sec. 2.5-19. Failure to notify: No alarm business shall attempt to service, repair, alter, replace, move and/or test an alarm system without a prior one hour notice of intent to the City of Boynton Beach Emergency Dispatch Center Fire and Life Safetv Division. All reasonable precautions to avoid the transmission of false alarms shall be made. Failure to notify one hour prior to the transmission S:\CAIOrdinancesIChapter 2.5 Fire Alarm Systems Ordinance.doc Page 10 of a false alarm shall result in a fine of $50, payable by the alarm business. 2 3 (a) If the alarm business fails to pay the fine within ten days, the alarm business shall be 4 notified via certified mail of their right to request a hearing before a three-person board which 5 shall be composed of the City Manager, the Director of Public Works/Engineer and the 6 Director of Development, or their designees, which hearing shall be held within ten days of 7 the date of the appeal to the City Manager. 8 9 (b) The decision of the Board shall be final and shall only be subject to review by writ of 10 certiorari to Palm Beach County Circuit Court. 11 12 (c) All alarm businesses and alarm monitoring companies conducting fire or medical alarm 13 business in the City of Boynton Beach will register with the Fire ar1d Life Safety Division of 14 the Boynton Beach Fire Rescue Department. 15 16 (d) All alarm businesses will notify the Fire and Life Safety Division of any alteration, deletion, removal of service, or other operating problems of fire and medical alanl1 systems in the City of Boynton Beach. 17 18 19 20 21 Sec. 2.5-20. Alarm business responsibility: An alarm company conducting fire alarm business within the city shall adhere to all requirements of all applicable NFP A Standards. Failure to comply with this section of the 23 I,. code, as determined by the Fire Marshal, shall result in a fine of &+00$1.000. Fines snal1 he ~; I paid according to the guidelines in Sec. 2.5-19 (a) and (b). 26 I Sec. 2.5-21. Damage to property: 27 I I' The City of Boynton Beach shall not be financially responsible for any property damage 28 I caused by the Police and/or Fire Rescue responding to an alarm. The alarm user shall be 29 II solely responsible for any damages that occur while attempting to verify the cause for the 30 II alam1 activation. I 22 31 32 33 Sec. 2.5-22 Operations Permit 34 (a) It shall be unlawful for any business en2:a2:ed in the monitoring of fire alarms. or inspecting and/or testing of fire alam1s or suppression systems to operate '\Tithin the Citv '\Tithout first obtaining an operational pem1it issued bv the Fire Marshal. 35 36 37 38 39 40 41 42 43 (b ) A person operating in violation of this chapter and/or Ch. 489, Fla. Stat.. shall be subject to a fine of up to five hundred dollars ($500) a dav and/or sixty (60) davs in jail for each day business is operated in violation of this section. (c) Application for the permit shall be made to the Fire Marshal on a form provided and will be issued upon a determination that proper state and local licensing requirements S:\CA\Ordinances\Chapter 2.5 Fire Alarm Systems Ordinance doc Page 11 1 2 3 4 (d) 5 6 7 8 9 10 are met per Ch. 633, Fla. Stat., Ch. 489, Fla. Stat., and City Ordinance Sec. 13. There is no additional fee for this permit. The permit shall remain in force as long as state and local licensing provisions are maintained or unless the Fire Marshal determines that the business is not satisfactorily maintaining the systems in accordance with the Florida Fire Prevention Code and adopted NFP A codes. Section 3. Should any section or provision of this ordinance or portion hereof, any 11 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 12 such decision shall not affect the remainder of this ordinance. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 4. Authority is hereby granted to codify said ordinance. Section 5. This ordinance shall become effective immediately upon passage. FIRST READING this _ day of ,2007. SECOND, FINAL READING AND PASSAGE this ,2007. day of CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland 34 ATTEST: Commissioner - Mack McCray 35 36 Commissioner - Carl McKoy 37 38 39 40 Janet Prainito, City Clerk (CORPORATE SEAL) S:ICA \OrdinanceslChapter 2.5 Fire Alarm Systems Ordinance. doc Page 12 2007 Draft C Red is in; blue is out Chapter 2.5 ALARM SYSTEMS* *Editor's note - Ordinance No. 88-36, ~~ 1-16, adopted July 19,1988, did not specify manner of codification classification; hence, such provisions have been designated as Ch. 2.5, ~~ 2.5-1-2.5-16, by the editor. Section 2.5-1 Short title. This chapter shall be known and cited as the "Burglar and Fire Alarm Ordinance." (Ordinance No. 88-36, ~ 1, 7-19-88) Section 2.5-2 Definitions: For the purpose of this chapter, whenever any of the following words or terms are used herein, they shall have the meanings ascribed to them in this section: Alarnl: Any device which is used in a building or premises for the detection of fire, medical alerts. unauthorized entry, burglary or any other criminal activity, and which when activated emits a sound, signal or message to alert others, whether emitted on or off the premises or to the central office of an alarm business. Commercial: Any business, Multiple Dwelling Unit, Storage Facility, that has a Fire Alarm System to monitor flow, tamper, manual initiation devices and audible notification. Residential: Any single family dwelling that has a Burglar Alann System that mayor may not have smoke detectors attached to the system. Alarm b;,,;sia~::;:; Contractor: Any Licensed person engaged in the business of sel1ing, leasing, monitoring, maintaining, servicing, repairing, altering, replacing, moving or installing any alarnl for any building place or premises. All associated work and personnel shall comply with chapter 489 Florida State specific to statute 489.518 and 489.5185. Alarm user: Any person using an alann or occupying and controlling Premises or building, or a portion of a premises or building, served by an Alann. Audible alarm: An alarm that sounds a warning bell, buzzer, or other Sounding device that can be heard for fifty (50) feet or more beyond the protected premises. Class "A" alarms: All those alarnls activated by illegal entry, in response to criminal activity. fire, or the need for emergency medical response and include alanns activated solely by an act of nature not contributed to by faulty design, maintenance, installation or use. False alarms: All activated alarnls, responded to by the police and/or fire department which do not qualify as class "A" alarms, including but not limited to alanns activated through inadvertence, neglect, accident, alarm testing, and faulty installation or maintenance, and excessive vibrations or power failure. 2007 Draft C Red is ill; blue is out Government: Any direct agency of any federal, state, county, or city government including schools and the u.s. Postal Service. Person: Shall mean any natural person, individual or any firm, partnership, association, limited partnership, sole proprietorship, corporation, apartment complex, condominium association, or any business entity whatsoever. Premises: Shall mean the building or structure and adjoining property which is protected by and upon which is installed an emergency alarm or alarm system. (Ord. No. 88-36, S 2, 7-19-88; Ord. No. 90-43, S 1,9-18-90; Ord. No. 98-46, S 1, 12-1-98) Sec. 2.5-3. Alarm operating permit required. No person shall have an alarm installed to be operational, or use an existing alarm serving premises, or a building, or portion thereof, occupied or controlled by such person, unless an alarm operating permit in the form of a decal has been issued hereunder, and is in force, authorizing the use of such alarm. Such alarm operating permit shall constitute a regulatory license. For any alarm existing prior to the effective date of this chapter an alarm operating permit application shall be made within sixty (60) days ofthe effective date hereof. A person with an installed alarm system without a permit from the city shall be issued a notice of violation and that person shall have ten (10) days from the date of the notice of violation to make application for a permit. If application for a permit is not made within ten (10) days ofthe notice of violation the person shall be in violation of this section. (Ord. No. 88-36, S 3, 7-19-88; Ord. No. 90-43, S 2, 9-18-90; Ord. No. 92-5, S 1, 3-3-92; Ord. No. 94-29, S 1,9-9-94) Sec. 2.5-4. Application for permit: (a) Applicafion for an alarm operating permit for the operation of an alarm system shall be made by a person having control over the property on which the alarm system is to be operated. Such application shall be made in writing to the building official on a form designated by the city for that purpose. On such application, the applicant shall set forth: (1) The name, address and telephone number of each person in control of the property. (2) The street address of the property on which the alarm system is to be or has been installed and operated. (3) Any business name used for the premises on which the alarm-system is to be installed and operated. (4) Wbether the alarm system or systems are or are not local alarms and whether the alarm system or systems are designed to give notice of a burglary, fire, hold-up or of other type of emergency. (5) The name of the person or alarm system business who will install the alarm system. (6) The names and telephone numbers of two (2) persons which are able to and have agreed as follows: a. To receive notification of alarm activation at any time; 2 2007 Draft C Red is ill; blue is out b. To arrive at the alam1 site within one (1) hour after receiving a request from a member of the communications center, police depmiment or fire department to do so; and c. To grant access to the alam1 site and to deactivate the alam1 system if such becomes necessary: or The name and telephone number of an alarm system business which is able and has agreed to provide as follows: d. The names of two (2) persons listed with that company who are able to arrive within one (1) hour after receiving a request from a member of the communications division, police department or fire department to do so, and to grant access to the alarm site and to deactivate the alarm system if necessary. e. When necessary, the permit holder shall give the alarm system business the name and telephone number of another person who is able and is willing to perform the above described duties so that at least two (2) persons are listed with the alarm system business at all times. f. The person having control over the property has authorized the alarm system business to provide the names listed with that business pursuant to subsections d and e above to the police and/or fire department or the communications center whenever that department(s) or the communications center has requested that infonnation in order to obtain assistance after an alam1 has been activated. (b) Immediately after receipt of the alarm operating permit application, the building official or his designee, shall forward a copy of the application to the communications division. (Ord. No. 88- 36 S 4,7-19-88; Ord. No. 91-6, 9 1,2-19-91) Sec. 2.5-5. Term of permit; fee, nontransferable: (a) Fee. A fee of thirty dollars ($30.00) shall be charged the alarm user by the city for each alam1 operating permit issued, to defray the cost of regulation. Successive renewal fees shall not be required of a residential or commercial permit holder except as provided in subsection (b) Term and renewal. An alarm operating permit shall have an indefinite tem1 from date of issuance; provided however, the term shall expire and the permit [ shall be] deemed invalid with any change in ownership of residential or commercial propeliy to which the permit is assigned. Compliance with subsections (1) and (2) shall revalidate the alam1 pennit. (1) An alarm permit holder is required to notify the city within seven (7) days of any change of alam1 permit registration information. (2) Any change in ownership of residential or commercial property to which an alarm pem1it is assigned shall require a new registration application and a fee ofthiliy dollars (S30.00). ( c) Permit nontransferable. Any alarm operating pennit issued pursuant to this article shall not be transferable or assignable and shall cover only one (1) building or premises or portion thereof. (Ord. No. 88-36; ~ 5, 7-19-88; Ord. No. 90-43, 9 3, 9-18-90; Ord. No. 90-59, 91,12-]8-90) " _1 2007 Draft C Red is ill; blue is out Sec. 2.5-6. Issuance of alarm operating permit: An alarm permit will be issued by the building official upon receipt of said completed application, and the building official or his designee may inspect the alarm equipment and planned installation and may require the submission of additional and specific infornlation. An alarm operating permit shall be denied if: (a) The requested information is not supplied on the application or such additional information as required [is not furnished.] (b) Material information on the application is incorrect. (c) Any person or entity listed on the application under items (a)(4), (5) and (6) of section 2.5-4 of this chapter does not possess any required occupational or regulatory license to conduct the activities required by said items (a)(4), (5) and (6), unless the person or entity is the alarm user. (d) Ifthe equipment is found to be inferior and not capable of proper performance. (Ord. No. 88-36, ~ 6, 7-19-88; Ord. No. 90-43, ~ 4, 9-18-90) Sec. 2.5-7. Decal required: Each alarm operating permit holder shall be issued an alarm decal by the building official. Said decal shall be displayed at the main entry or a conspicuous place visible at the front of the premises of all business, commercial establishments, and residential premises, covered by said permit. (Ord. No. 88-36, ~ 7,7-19-88; Ord. No. 90-43, ~ 5,9-18-90) Sec. 2.5-8. Duties of property owner: For the purpose of this chapter, both the owner and lessee of an office or commercial premises shall be considered to be the owners of the premises and shall be held jointly and severally responsible for the registration ofthe alarm system and liable to the city for all service fees charged for false alarms. The owner of an apartment complex or multifamily residence is responsible for the registration of all alarm systems and shall be liable to the city for service fees charged for false alarms. The person in control of the property on which an alarm system is installed shall: (a) Ensure that any person listed with the city is able: (1) To receive notification at any time; (2) To come to the alarm site within one (1) hour after receiving a request from a member of the police department, fire department or communications department to do so; and (3) To grant access to the alarm site and to deactivate the alarm system if such becomes necessary. 4 2007 Draft C Red is ill; blue is out (4) To inspect the alarm system after each activation to ensure proper operation. (b) Train all persons who may activate the alarm system in the proper operation of the alann system. (c) Failure to respond as provided shall result in a fine of fifty dollars ($50.00). The police department or fire department shall indicate on their false alarm report the failure to respond. The finance department shall be responsible for assessing the fifty dollar ($50.00) fine. (d) Notify the city within thirty (30) days of any changes of information contained on the original application. ( e) Properly maintain the alann system to ensure malfunctions due to faulty maintenance will not occur. (Ord. No. 88-36, ~ 8, 7-19-88; Ord. No. 90-43, ~ 6, 9-18-90) Sec. 2.5-9. Duty of person notified to provide access to premises, render assistance. Any person who is notified by any member of the communications division, police department or fire department of the activation of an alarm system and who is able to give access to the alarm site shall come to the alarm site within one (1) hour of the time such person is notified of such activation and shall provide the police and/or fire department any necessary access or assistance. Failure to respond as provided shall be grounds for and result in the city taking reasonable action to deactivate the alarm. Fire alarms required by fire codes and/or state statutes shall be exempt from deactivating the alarm. (Ord. No. 88-36, ~ 9, 7-19-88: Ord. No. 90-43, S 7, 9-18-90; Ord. No. 98- 46, ~ 2, 12-1-98) Sec. 2.5-10. Operation of system: No person shall install, or cause to be installed or pem1it to be installed any alarm system unless the requirements of this section are met. (a) Any alam1 system which may be activated as a result of different types of emergency situations shall give a unique signal to designate activation as a result of a hold-up, a burglary, a fire, or any other different type of emergency situation so that the proper notification and proper response can be made. (b) Any local alarm system shall have a twenty-minute shutoff and must not make a sound similar to that of a siren, an emergency vehicle or a civil defense waming system. For purposes of this subsection any alarm system which emits any variable tone (as opposed to a steady pitch or a Ringing sound as is made by a bell) shall be considered to be emitting a sound which is similar to that of a siren, an emergency vehicle or a civil defense \\Taming system. (c) Any hold-up alarm shall be designed so that it may be activated only by intentional and deliberate human action; and any owner found in violation of subsection (a), (b) or (c) shall be fined fifty dollars ($50.00). (d) The police department or fire department shall indicate any violation of subsection (a), (b) or (c) on the alarm repOli and code enforcement division shall be responsible to take the appropriate 5 2007 Draft C Red is ill; blue is out action by issuing a notice of violation of this section. The owner of the alarm system will have ten (10) days from the date ofthe notice of violation to correct the violation. If the violation is not corrected within ten (10) days, the owner shall be fined fifty dollars ($50.00). Code enforcement shall notify the finance department to mail the notice of fine (invoice) if the violation is not corrected. If the fine is not paid within ten (10) days the alarm owner will be in violation of section 2-17 of this chapter. (e) The city may set reasonable standards and procedures to be followed by any alarm system business or telephone answering service when giving notice to the communications division of activation of an alarm system. Such standards and procedures shall be set out in writing and made available to any alann system business or telephone answering service requesting same. (f) The Fire Rescue Department shall indicate any violation of subsection (a) or (b) on their alann report. The Fire and Life Safety Division shall be responsible to take the appropriate action by issuing a notice of violation of this section. The owner of a commercial alann system will have ten days from the date of the notice of violation to correct the violation. If the violation is not corrected within ten days, the owner shall be fined $-W $100.00 per day until the violation is corrected and Fire and Life Safety accepts system changes or repairs. The Fire and Life Safety Division shall notify the Finance Department to mail the notice of fine if the violation is not corrected. If the fine is not paid within ten days, the alann owner will be in violation of Sec. 2.5-17 of this chapter. (Ord. No. 88-36, S 10,7-19-88; Ord. No. 90-43, S 8,9-18-90; Ord. No. 98-46, S 3, 12-1-98) Sec. 2.5-11. False alarms prohibited; exceptions: No person shall intentionally activate an alann system for any purpose other than an emergency or threat of emergency of the kind for which the alarm system was designed to give notice. The owner or person responsible for testing a fire, burglary or emergency alarm system shall be required to notify the communications Fire and Life Safety Division a minimum of one (1) hour prior to the alann system test. It shall then be an affirmative defense to prosecution under this section that the alann system sounded solely for the purpose of testing the alarm, and the person who tested the alann took reasonable precautions to avoid any request being made to the police department or fire department to respond to such alarm. (Ord. No. 88-36, S 11,7-19-88; Ord. No. 90-43, S 9, 9-18-90) Sec. 2.5-12. Excessive false alarms declared a public nuisance; exceptions. (a) The emission activation of more than three (3) false alarms in a residential occupancy within any twelve-month period of time is excessive and constitutes a serious nuisance, and is hereby declared to be unlawful and a violation of this section. No person shall allow, permit, cause or fail to prevent the em:ssion, activation for any reason, by any alarm used by such person, or any alarm serving a premises or a building occupied and controlled by such person, of more than three (3) false alarms within any twelve-month period of time. (b) All new residential property with a permitted alarm systems shall be exempt from the application of this section for the first three (3) months from the date of initial installation. 6 2007 Draft C Red is ill; blue is out (c) Occupancies with multiple ala1111 zones, 8f apartment complexes, or commercia] occupancies with multiple alarm systems, that are aft maintained by the same company, may be declared nuisance ala1111s by the Fire Marshal and shall be assessed a false alarm fee. (Ord. No. 88-36, ~ 12. 7-19-88; Ord. No. 89-6, S 1,4-4-89; Ord. No. 90-43, ~ 10,9-18-90; Ord. No. 91-64. ~ 2, 9-19- 91 ;Ord. No. 98-46, S 4, 12-1-98) Sec. 2.5-13. False a]am1 response service fee; collection: For response to excessive false alarms by the police department or fire department, the ala1111 user shall be charged a service fee by the City as follows: Four (1) fa]sc alunns in any twelve month period $'15.00. Five (5) false alum1s in any tVI'elve month period. SiK (6) false alam1s in any tweh'c month period $100.00 Each succc~;si'.'e false alam1, after six (6), in any tv,'c]\,c month period. 1 st false alarm in a ] 2-month period = No charge 2nd false alarm in a 12-month period = No charge 3rd false alarm in a 12-month period = No charge 4th false alarm in a 12-month period = $75 for residential; $200 for commercial 5th false alarm in a 12-month period = $100 for residential: $500 for commercial 6th false alarm in a 12-month period = $150 for residential; $750 for commercial ih and successive false alarm in a 12-month period = $200 for residential: $1000 for commercial. Example: A residence with 9 false alam1s within 12 months would be calcu]ated as follows: 1 st $0 .-no.... ;-. [-:bU 3rd $0 4th $75 5th $1 no 61h$150 ih $200 8th $200 9th $200 $925 Total The chief of police or his/her designee shall determine whether a false burglar alal1TI has occun-ed and the frequency of such false alanns. The city shall notify alann users of amounts owed to the city and shall make demand therefore, pursuant to the provisions of this section. The Fire Marshal shall detem1ine \:vhether a false fire or medical alarm has occun-ed and the frequency of such 7 2007 Draft C Red is ill; blue is out alarn1s. The Fire Rescue Department shall notify alan11 users of the amount o'v'.'ncd to thc city and shall make demand therefore pursuant to the following pro'.'isions: (a) A- tine of $1 00 "viII be issued for every fal~;e alam1 over the Third Second false ala1111 in any ealendar year, (b) Proof of alarm repair on the date of the false alarm can result in the fine being reduced ~ or waived, if approved by the Fire Marshal. The Fire and Life Safety Division will bill and maintain records for all fire and medical false alanns. The city attorney may proceed by a suit in a court of competent jurisdiction to collect said charge after demand therefore has been made by the city and the payment thereof refused by the alarm user. (Ord. No. 88-36, S 13,7-19-88; Ord. No. 90-43, S 11,9-18-90; Ord. No. 98-46, S 5,12-1-98) Sec. 2.5-14. Interference with city telephone trunk lines prohibited: Alarm business central office required; identification required. (a) No person shall use or cause to be used any telephone or electronic device or attachment that automatically selects a public primary telephone trunk line of the communications center, police Department, fire department or any other department or bureau of the city, and then reproduces any prerecorded message to report any burglary, unauthorized entry or other emergency. (b) No person shall provide a private alarm service system programmed to a central alarm reception office unless it shall have the central office staffed at all times, twenty-four (24) hours a day, including holidays. ( c) Any staff member of a private alarm service system reporting an alarm activation to which police department and/or fire department response is requested shall identify himself and state the name and telephone number of the alann business by which such response is requested. (d) The request for response shall include the name, telephone number, and zone, if applicable, ofthe alann activation. (Ord. No. 88-36, S 14,7-19-88; Ord. No. 98-46, S 6,12-1-98) Sec. 2.5-15. Audible alanns: All alarms which may be heard in any public place shall be equipped and maintained to automatically cut off no longer than twenty (20) minutes after being set off. (Ord. No. 88-36, S 15, 7-19-88; Ord. No. 91-64, S 3,9-19-91) Sec. 2.5-16. Enforcement through codes enforcement board: The building official, police chief, fire chief or their designees may initiate action before the codes enforcement board of the city to Obtain compliance with this chapter and payment of service charges assessed by the city pursuant to section 2.5-13. The board shall have the authority to place a lien against the property served by a burglar and/or fire alarm in the amount of all assessed service charges. (Ord. No. 88-36, S 16,7-19- 88; Ord. No. 90-43, S 12, 9-18-90; Ord. No. 92-5, S 2, 3-3-92; Ord. No. 94-29, S 2, 9-9-94) 8 2007 Draft C Red is ill; blue is out Sec. 2.5-17. Service charge, fines; failure to pay: The owner of an alarm system in violation of a specified section of this chapter shall have ten (10) days from the date of the violation notice to pay the service charge and/or fine. (a) If the owner fails to pay the service charge or fine within ten (10) days the city shall notify the owner or person in charge of the alarn1 system by certified mail that the payment is past due in violation of this section and demand that payment be made within ten (10) days of the date of the demand for payment letter. (b) If the owner or person in charge of the alarn1 system fails to pay the past due amount within ten (10) days, the city attorney may proceed by a suit in a comi of competent jurisdiction to collect said unpaid service charges and/or fines from an alarn1 system owner, and the city attorney shall have the authority to place a lien against the property served by a burglar and/or fire alam1 in the amount of all assessed service charges and/or fines. (c) The owner of the alann system and/or the premises the alarID system serves shall be responsible for all costs incurred in collecting the service fee including attorney's fees. (Ord. No. 90-43, ~ 13,9-18-90; Ord. No. 92-5, 9 3, 3-3-92; Ord. No. 97-03, ~ 1, 2-18-97) Sec. 2.5-18. Departmental review of contested fees: (a) AlarID users wishing to contest a false alann response service fee shall provide to the police fire rescue department, within thirty (30) days of imposition of the fee, a written explanation detailing reasons that the false alarm response service fee should be reduced or waived. (b) The chiefs ofthe police department and the fire rescue and life safety department shall each designate a member of their respective depariments to process, review and make a \vritten recommendation to the department chief on each case contesting a false alann response service fee. (c) The chief of each department shall review the recommendation and may reduce. remove. or leave unchanged the false alann response service charge imposed pursuant to section 2.5-13. The decision of the chief of the respective depaIiment shall be the final decision of the city. (Ord. No. 98-17, ~ 1, 6-16-98) Sec. 2.5-19. Failure to notify: No alarm business shall attempt to service, repair, alter, replace, Move and/or test an alarm system without a prior one hour notice of intent to the City of Boynton Beach Emergency Dispatch Ccnt~r Fire and Life Safety Division. All reasonable precautions to avoid the transmission of false alarms shall be made. Failure to notify one hour prior to the transmission of a false alarn1 shall result in a fine of $50, payable by the alarn1 business. (a) If the alann business fails to pay the fine within ten days, the alarm business shall be notified via certified mail of their right to request a hearing before a three-person board which shall be composed of the City Manager, the Director of Public Works/Engineer and the Director of 9 2007 Draft C Red is in; blue is out Development, or their designees, which hearing shall be held within ten days of the date of the appeal to the City Manager. (b) The decision of the Board shall be final and shall only be subject to review by writ of certiorari to Palm Beach County Circuit Court. (c) All alarm businesses and alarm monitoring companies conducting fire or medical alarm business in the City of Boynton Beach will register with the Fire and Life Safety Division of the Boynton Beach Fire Rescue Department. (d) All alarm businesses will notify the Fire and Life Safety Division of any alteration, deletion, removal of service, or other operating problems of fire and medical alarm systems in the City of Boynton Beach. (Ord. No. 98-46, S 7, 12-1-98) Sec. 2.5-20. Alarm business responsibility: An alarm company conducting fire alarm business within the city shall adhere to all requirements of all applicable NFP A Standards. Failure to comply with this section of the code, as determined by the Fire Marshal, shall result in a fine of &+00 $1,000. Fines shall be paid according to the guidelines in Sec. 2.5-19 (a) and (b). (Ord. No. 98-46, S 8,12-1-98) Sec. 2.5-21. Damage to property: The City of Boynton Beach shall not be financially responsible for any property damage caused by the Police and/or Fire Rescue responding to an alarm. The alarm user shall be solely responsible for any damages that occur while attempting to verify the cause for the alarm activation. (Ord. No. 98-46, S 9, 12-1-98) Sec. 2.5-22 Operations Permit (a) It shall be unlawful for any business engaged in the monitoring of fire alarms, or inspection and/or testing of fire alarm or suppression systems without first obtaining an operational pemlit issued by the Fire Marshal. (b) A person operating in violation ofthis chapter shall be subject to a fine of up to five hundred dollars ($500) a day and/or sixty (60) days in jail for each day business is operated in violation of this section. (c) Application for the permit shall be made to the Fire Marshal on a form provided and will be issued upon a determination that proper state and local licensing requirements are met per FS 633 and City Ordinance Sec. 13. There is no additional fee for this permit. (d) The permit shall remain in force as long as state and local licensing provisions are maintained or unless the Fire Marshal determines that the business is not satisfactorily maintaining the systems in accordance with the Florida Fire Prevention Code and adopted NFP A codes. 10 XII. - LEGAL - 2nd Reading Non-Development CITY OF BOYNTON BEACH ITEM B.2 AGENDA ITEM REQUEST FORI. Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office 0 April] 7, 2007 April 2, 2007 (Noon,) ~ June] 9, 203f. ' June 4, 2007 (Noon) 2Nt{ Cd}. 0 May 1.2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18, 2007 (Noon) X May 15,2007 April 30,2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 July 16, 2007 (Noon) ") C~) A.~_. _.__.1 0 Announcements/Presentati ons 0 City Manager's Report " ~~~ 0 Administrative New Business -'~J ....'1 NA TURE OF -. -'-' AGENDA ITEM 0 ~ f',~:) .;....1 Consent Agenda Legal " .... 0 0 . Code Compliance & Legal Settlements Unfmished Business - ...' 0 Public Hearing 0 ' - - ':::J RECOMMENDA nON: Revision of Chapter 9, Fire Protection and Prevention, City of Boynton Beach Coy:e of'::;;: Ordinances to ensure compliance with the Florida Fire Prevention Code, pursuant to Florida Statute 633.025:--- , ~ EXPLANA nON: The last significant revision of Chapter 9 occurred in September 1998, followed by topic-specific changes in January of 2002. While many of the new changes are simple updates, this revision also contains cost recovery fees for incidents resulting from negligent, unlawful or unauthorized acts; inclusion of high-rise requirements; permitting and safeguarding roofing operations; permitting and restricting fireworks; more stringent requirements for sprinkler systems in commercial and multiple family residential occupancies, including provisions for retrofit requirements; and notification and fire watch requirements for fire protection system impairments. PROGRAM IMPACT: 1) Compliance with current statute provisions. 2) The Fire and Life Safety Division is trained to effectively deal with the code changes, as noted. FISCAL IMPACT: Fire Life Safety revenues will increase approximately 20% as a result of both new fees and existing fee increases. Revenue Account #001-0000-342-22-00. ALTERNATIVES: 1) Do not approve these changes rendering the City Code provisions incompatible with the Florida Fire Prevention Code. 2) Approve the Code changes with acceptable mendments. ~ \ Assistant to City Manager ~ Fire Rescue Department Name ~ City Attorney / Finance S:\BULLETrN\FORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 07- 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 9, "FIRE PROTECTION AND PREVENTION," TO COMPL Y WITH THE FLORIDA FIRE PREVENTION CODE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ~ , 4 5 6 7 8 9 10 WHEREAS, the City of Boynton Beach Fire and Life Safety Division has detem1ined 11 that it is necessary to amend Chapter 9 of the City's Code of Ordinances to comply \vith the 12 Florida Fire Prevention Code; and 13 WHEREAS, the City Commission has detennined that it is in the best interests of the 14 residents and citizens of the City of Boynton Beach to amend Chapter 9 of the Code of 15 Ordinances to comply with the Florida Fire Prevention Code, pursuant to F.S. 633.025. 16 17 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 20 being true and correct and are hereby made a specific part of this Ordinance upon adoption 21 hereof. I 22 Section 2. Chapter 9, Fire Protection and Prevention, is hereby amended as follows: 23 Art. 1. 24 m-General 25 26 27 28 29 Sec. 9-1 Penalty for violations. Sec. 9-2 Enforcement authoritv. Sec. 9-3 Bovnton Beach Fire Code; fire codes adopted. Sec. 9-4 Examination of building pem1its. Sec. 9-5 Report of fire. Sec. 9-6 Automatic fire protection svstems. 30 31 32 (See. 9-7 throuzh 9-17 reserved) 33 S :\CA \Ordinances\Chaptcr 9 Ordinance.doc Page 1 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 37 38 39 40 41 42 43 Art. II. Sec. 9-18 Sec. 9-19 Sec. 9-20 Sec. 9-21 Sec. 9-22 Sec. 9-23 Sec. 9-24 Sec. 9-25 Sec. 9-26 Sec. 9-27 Sec. 9-28 Sec. 9-29 Sec. 9-30 Sec. 9-31 Sec. 9-32 Sec. 9-33 Sec. 9-34 Sec. 9-35 Sec. 9-36 Sec. 9-37 Sec. 9-38 Fire Codes and Fees Open burning. Roadway security gates and emergency access. Key boxes/entry systems Fireworks Fire inspection fees Extension cords, control panels, and appliances Fire lanes on private property; blocked roadwavs. Barbecues and Open Flames on Balconies and Patios Marking fire hydrants and fire department connections. Requirements for high-rise buildings. Bars over windows and doors. Requirements for boat docks and piers. Emergency Response Identification and Site Plan Mapping. Emergency access roadways. Fire protection water supply requirements. Duct Detector Annunciation. Tent requirements for assembly use. Fire sprinkler systems. Hot work operations. Safeguarding Roofing Operations. Carbon Monoxide Detection (Sec. 9-39 through 9-49 reserved) Art. III. Sec. 9-50 Sec. 9-51 Sec. 9-52 Sec. 9-53 Sec. 9-54 Sec. 9-55 Sec. 9-56 Sec. 9-57 Sec. 9-58 Fire and Life Safety Division Establishment of Division; Purpose, duties, and responsibilities. Staff. Authority to enter property for inspection. Inspection of nonresidential and multi-family occupancy premises generally; enforcement orders. Inspections involving special hazards, fire alarms and sprinkler systems; enforcement orders. Inspections complaint; order to remedy dane-er; evacuation of occupied buildings or structures. Service of enforcement orders. Compliance with orders; appeal to Fire Chief. Investigation of causes of fires required; procedures. (Sec. 9-59 through 9-69 reserved) S:\CA \Ordinances\Chapter 9 Ordinance. doc Page 2 2 3 4 Art. IV. Fire Protection Outside City. Sec. 9-70 When rendered. 5 6 7 8 9 10 11 12 13 14 15 16 (Sec. 9-71 throu[!h 9-81 reserved) Art. V. Fire Protection Impaimlents; Emergency Fire Watch; Standbv Coverage Sec. 9-82 Sec. 9-83 Sec. 9-84 Fire protection system impaimlents Emergency fire watch for impairments. Standby fire and emergencv medical coverage. (Sec. 9-85 throu[!h 9-95 reserved) Art. VI. Cost Recovery for Speciul Operations Due to Code Violations. Specified Operations, and Clean Up of Hazardous Materials. 17 18 19 20 21 22 Sec. 9-96 Cost recovery program for incidents due to negligent. unlawful or unauthOlized acts. Sec. 9-97 Cost recoverv for special operations and clean up of hazardous materials. ')" ~,) 24 (Sec. 9-98 throu'Zh 9-108 reserved) 25 Art. VII. Control of Automatic Elevators 26 27 28 29 30 31 (Sec. 9-110 through 9-120 reserved) Sec. 9-109 General: kev switch operations; capacitv; access kevs; instructions posted; emergency use. 32 33 Art. VIII Hazardous Materials and Toxic Substances 34 35 Sec. 9-121 Sec. 9-122 Fire department hazardous materials pemlit. Disclosure and safety requirements. 36 37 38 (Sec. 9-123 throu[!h 9-133 reserved) S:\CA\OrdinancesIChaptcr 9 Ordinance.doc Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I {Q) 16 17 18 19 20 21 22 23 , 24 25 26 27 28 29 30 31 32 33 ARTICLE I. IN GENERAL Sec. 9-1. Penalty for violations. (a) Any person violating any provision of this chapter or the fire prevention code adopted in this article shall be punishable in accordance with the provisions of Sec. 1-6, FS 633.171, FS 162,Sec. 2-83, and Sec. 9-1. (b) It shall be unlawful for any person to violate the National Fire Codes, or to refuse to obey any provision or regulation thereof, under the penalties pro'lided in Soc. 1 6, Sec. 2 83, and Sec. 9 1. The application of a penalty for violation of this chapter shall not be held to prevent the enforced removal of prohibited conditions. Sec. 9-2. Enforcement authority. (a) All regulations issued by the State Fire Marshal under authority of Florida Statutes Chapter 633, shall be enforceable by the Fire Chief proper authorities of the city., and the Fire Marshal, or designee,. appointed by the Fire Chief. The Fire Marshal is hereby authorized to perfoffi1 within the city any duties that may be imposed upon by sueh law, or in accordance therewith, and to have such assistance, as needed, from other officials of the city in the discharge of such duties. (b) The Fire Chief and the Fire Marshal are authorized to enforce this law and all rules prescribed by the State Fire Marshal within their respective jurisdictions. Such personnel acting under the authority of this section shall be deemed to be agents of their respective jurisdictions, not agents of the State Fire Marshal, and subject to Florida Statutes 633,790, and 943. as specified in FS 633.101. 34 (c) Periodic Fire Safety Inspections 35 The Florida Fire Prevention Code, Chapter 69A-60.007 and Section 633.025, F.S., 36 provides that each municipality, county, and special district with fire safety 37 responsibilities is required to enforce the Florida Fire Prevention Code. Such 38 enforcement requires inspection of each new building subject to the Florida Fire 39 Prevention Code and includes periodic inspections of each existing building subject to 40 the Florida Fire Prevention Code. 41 S:ICA 10rdinanceslChapter 9 Ordinance.doc Page 4 5 No such building shall be occupied without the required fire safety l11spection, The frequency of the inspections shall be mmually, or as otherwise detennined by the Fire Marshal. A fire safety inspection shall not be conducted when previous fire inspection fees, fines, or other penalties remain unpaid. A building occupied in violation of this section is subject to a fine of $500.00 per day. Each day constitutes a separate and continuing offense. The City may enforce this provision of the Code by action before the Code Enforcement Board, by notice to appear for violation of a municipal ordinance, or by action for injunctive relief. The fines provided herein are in addition to the penalties authorized by Florida Statute Section 205.053 2 , -' 4 6 7 8 9 10 11 A property owner who is thus denied a fire safety inspection may, within five business 12 days of the denial, appeal the denial to the City Manager. Within seven business days 13 of receipt of the appeal, the City Manager or his/her designee shall review the 14 application, the denial, and any information the applicant discloses in its written 15 appeal and either sustain or reverse the City's denial. In the event the denial is 16 sustained in whole or in part, the applicant may appeal the decision of the City 17 Manager to the Building Board of Adjustment, which shall conduct an evidential)' 18 hearing. The decision of the Building Board of Adjustment shall be final and shall 19 only be subject to review by writ of certiorari to Palm Beach County Circuit COUl1. 20 21 22 Sec. 9-3. Bovnton Beach Fire Code; fire codes adopted; standards. 23 24 There i~ hereby adopted by the city for the purpose of prescribing regulation~ governing 25 conditions hazardous to life, propCl1y and the environment the national fire code~ including all 26 reyisions and updates thereof made from time to time. n II 28 (a) 29 ,") ,)~ Pursuant to FS 633.025 the citv hereby adopts the Florida Fire Prevention Code, The Florida Fire Prevention Code and the requirements specified in this chapter of the citv ordinances NFP;\ 1, Fire Pre'.'ention Code, 2000 Edition i~ hereby adopted by reference a~ if set out in its entirety herein. NFPA 1, Fire Prevention Code, 2000 Edition as amended in the follo,,,,'ing chapters and sections and l"JFP"^, 101, Life Safety Code, 2000 Edition, shall constitute and be known as and may be cited as the Boynton Beach Fire Code hereinafter referred to as "this code." 30 31 " ,),) 34 35 36 (b) The provisions of this code shall be in full force and effect within the city limits of Boynton Beach and within any municipality which has entered into an interlocal agreement or contract for services from Boynton Beach Fire Rescue unless otherwise provided for. 37 38 39 40 S:\CA\Ordmances\Chapter 9 Ordinance,doc Page 5 24 25 26 27 28 29 30 3] 32 33 34 35 36 37 38 39 40 4] 42 43 I' I I ] 2 3 4 5 6 7 8 9 ]0 ] ] ]2 13 ]4 ]5 ]6 ]7 ]8 ]9 20 2] 22 (c) Where provisions of this code do not address specific situations involving protection of life, property and the environment from the hazards of fire, smoke and explosion, compliance with nationally accepted standards of good practice shall be evidence of compliance with the intent of this code. (d) Standards referenced in this code shall be considered an integral part of this code without separate adoption. Where code provisions conflict with a standard, the most stringent code provisions shall be enforced. (e) If any section, subsection, clause, or phrase of this code is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining portions of this code. (f) The Fire Marshal, with the approval of the Fire Chief, may draft administrative orders for the purpose of clarifying and carrying out the intent of this code. All administrative orders shall be on file in the office of the Fire Marshal. Such orders shall be enforced as if a part ofthis code and be in full effect upon approval of the Fire Chief. 23 (g) The inspection or permitting of any building or plan under the requirements of this code shall not be construed as a warranty of the physical condition of such building or the adequacy of such plan. The City of Boynton Beach or its employees shall not be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building or plan, or for any failure of any component of such building, which may occur subsequent to such inspection or permitting, pursuant to this code. Sec. 9-4. Examination of building permits. (a) No building permit shall be issued by the Building Department for new construction, demolition, moving of existing buildings or renovation of existing structures normally requiring a building permit until a complete set of plans and/or specifications have been examined and approved by the Fire and Life Safety Division. (b) The Fire and Life Safety Division shall note all violations of local or state fire prevention and protection codes on the plans and specifications and may reject the plans and/or specifications until such time as appropriate corrections have been made, thereby eliminating such violations. (c) No building that requires a Certificate of Occupancy (CO) from the Building Official shall be occupied for anv purpose until a Fire Deoartment Occuoancv Authorization form has been sigiled by the Fire Marshal or Fire Chief. S:\CA\Ordinances\Chapter 9 Ordinance,doc Page 6 2 (d) Nothing in this section shall apply to single-family or duplex residential units. Exception: Fire sfJrinkler svstems, zenerators, or gas installations. ~ ,) 4 5 (e) Effective January 1,2008 all submittals for fire department review of new construction proiects over lO,OOO square feet or with multiple structures shall include an electronic copy of the plans compatible with fire department software. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Sec. 9-5. Report of fire. (a) Each owner, manager, person in charge of any building of any kind. or occupant of any building of any kind shall, immediately upon discovery of a fire in or adjacent to such building, or upon discovery of evidence that there has been a fire, even though it has apparently been extinguished, report such an occurrence to the fire rescue department immediately, giving complete information as to the location and type of fire in order that an appropriate response by the fire rescue department may be initiated. (b) This requirement shall not be construed to forbid the owner, occupant or person in charge of the aforementioned building from using all diligence necessary to extinguish the fire prior to the arrival of the Fire Rescue Department. Sec. 9-6. Codcs dclctions aDd amcDdmcDts Automatic fire protection systems. 23 The city hereby adopts the following deletion::; and amendments to the Fire Prevention Code of the National Fire Protection .^~::;sociation N.F.P./~. Pamphlet No, 1, adopted in Chapter 9. ~~ II (a) 29 II 30 II ~~ , 24 25 26 Section 7 1.2: .^~. All systems, equipment, tanks, plpmg, devices, appliances. controls, or storage facilities over which the code contains regulatory provisions, or which are required by any other law. shall be maintained in operative condition at all times to provide the service and design function for which installed. 33 ili.2 B-: All automatic fire protection svstems (i.e. sprinkler, standpipe and fire pump systems} 34 shall be maintained under a written service contract with service companies licensed 35 by the State of Florida to provide such services and which possess a current 36 occupational license for the City of Boynton Beach, providing for regular maintenance 37 and testing of the systems in accordance with all applicable codes and standards. 38 specified under this Fire Prevention Code and N.F.P.A. 13, N.F.P."\. 13R, :'oJ.F.P.A. 39 14. and ::'-;.F.P..\. 25. 40 41 i.0G- The service company performing the maintenance and tests shall forward a written 42 report to the Fire and Life Safety Division indicating the nature of any repairs. 43 modifications and/or corrections completed by the service company, the date and time I S.\CA..ordinancesIChapter C) Ordinance.doc Page 7 1 of such tests and inspections, and any other infonnation which may be required by the 2 Fire Rescue Department. In addition, a copy of the service report must be maintained 3 on the premises, and it shall be subject to inspection at any time. 4 5 {ill (b) Section 7 2.2: A. All hereafter constructed new buildings and structures more than 6 three (3) stories or thirty-six feet (36') in height or all buildings more than two (2) 7 stories in height and more than 30,000 square feet per floor level, shall be equipped 8 with approved Class 1 standpipes to provide reasonable safety to persons and property 9 10 (e)B,- For purposes of this section, height is measured from the lowest point of entry ffiH.sfl 11 ,b'Tound floor grade to the underside of the topmost roof assembly. 12 13 (DC. E','idence that such standpipes have been installed in accordance ',vith the applicable 14standurds specified for this section under of the Fire Prevention Code shall be evidence 15 that such installations pro'/ide reasonable safety to persons and property. 16 17 (c) Section 7 3.2: 18 19 A: Approved automatic fire sprinkler systems as hereinafter defined shall be installed 20 throughout heroinafter constructod the following buildings and structures: ef 21 appropriate sections thereof: 22 23 .. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 4. 5. 1. The follovling Buildings of an institutional or educational character, hospitals, nursing homes, homes for the aged, convalescent centers, rehabilitation facilities, day care centers for more than twelve (12) clients under one (1) year of age, adult congregate living facilities, and all occupancies and uses of similar nature to those herein stated, without regard to the type of construction or height of the building involved. 2. All wood or partial wood frame buildings or structures which are 2 stories or more than twenty feet (20') in height as measured from finish ground floor grade to the underside of the topmost roof assembly. 3. All buildings or structures regardless of the type of construction, which are three (3) stories, or more in height or all buildings or structures in excess of thirty feet (30') in height as measured from the lowest point of entry ffiH.sfl floor 6fudc to the underside of the topmost roof assembly. All buildings or structures regardless of the type of construction that are in excess of 8,000 12,000 square feet per floor. All portions or sections of buildings or structures which are below grade or which constitute the basement area of a building or structure regardless of S:\CA\Ordinances\Chapter 9 Ordinance,doc Page 8 2 ~ , square footage of floor area or type of construction. (r. Sin;le family homes and duplexcs shall bc cxempt from this rcquiremcnt. .:+ 5 B. The automatic systems herein refcned to and the installation thereof which is required by 6 this ordinance shall be contained in and provided for \vith the applicable standard specified for 7 this section undcr of the Fire Prevention Code. 8 9 10 Sec. 9 7. Inspection test records. 11 12 /\ hard copy of all inspection, maintenance and test records shall be provided to the /\HJ 13 immediately after completion of the followin;: 14 (a) Fire pump; 15 (b) Fire alanl1; 16 (c) Fire suppression; 17 (d) Fire detection; 18 (e) Fire sprinkler; 19 (f) Fire standpipe; and 20 (g) ,\.11 others required by the NFP/\ or other applicable codes, standards or statutes. 21 22 (Sec. 9-7 throuzh 9-17 reserved) 23 25 24 ARTICLE II. FIRE CODES AND FEES 26 II Sec. 9-H 18. Open burning. ')~ ;~ I (a) 29 III 30 I .3 1 .32 33 (b) .34 35 36 37 38 (c) 39 40 41 42 (d) Defined. Open burning is defined as any outdoor fire or open combustion of material. except barbecuing. Charcoal and nrooane fires. which are contained within a manufactured hibachi, mIl, smoker or gas mIl for food preparation. do not constitute open burning. Prohibited general(r. It shall be unlawful to have any open burning within the city limits on public or private prope11y, except for fire training purposes or recreational or ceremonial occasions for which written permits from the fire rescue department are required. On beach. No permits will be issued for any open burning on the public beach, Violations, Any person who violates this section, and the owner of the land who allows these violations, shall be guilty of a violation of this code. (See Sec. 9-1 for penalties.) S:\CA \OrdinanceslChapter 9 Ordinance doc Page 9 25 26 27 28 29 30 31 32 33 34 35 1 2 3 4 Sec. 9 11. Supplementary lighting system in places of assembly. The minimum requirements shall be as required by the Fire Marshal: (a) }dl security/entrance gates must haT,'e an electronic key number pad or an approT/ed alternative. (b) The keypad ..yill 0.110'.,; entrance by the simple act of pushing four (1) or fiye (5) buttons. (c) All gates must have a secmity entry code approved in advance by the Firc Marshal. (d) Gates may be operable by telephone from our dispatch office. ;\ phone call from our dispatchers 'Nill open the gate and a second call 'Nill be required to close the gate. ( e) In case of power failurc, the electronic gate shall opon automatically and romain ep€fr (f) (,;) .^.. back up device such as an authorized security box or koy switch is requirod to operate the ,;ato in the ovont the number pad ontry docs not \-york. (h) No other codo numbers, operating methods. or koy systcms will be kept on file by the Fire Rescue Department. (i) In the oT/ent that our units aro unable to gain rapid entry with the abovc methods, it will roquired the use of raid forcible entry methods to gain entry. Tho city and/or tho Fire Rescue Department shall not be rosponsible for, nor incur any costs as a result of, gaining access to a specific area. 23 ,,--fH InfOlmution on 'l;he:-c autho:::::ed k8)' s~cUlity boxes can be obtained is a';ailable from the Fire Rescue, Fire and Life Safety Division. (Ie) Failure to comply ',','ill result in the ';iolation of Section 9 3F of this code. (1) Failure to notify the Firo Marshal of all unauthorized change to the oporating systom or othor violation of this Section shall rosult in a fino of$100. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 An excoption will be 'Nhore a 21 hour security guard is stationed at the gato. 24 Sec. 9-19 Roadwav security 2"ates and emer!!encv access. All security gates across roadways used by emergency response vehicles must be provided with an authorized key box or key switch to operate the gate in addition to any other devices specified by the Fire Chief. Inforn1ation on where authorized key security boxes can be obtained is available from the Fire and Life Safety Division. 36 37 In case of power failure, any electronic gate shall open automaticalIv and remain open until 38 power is restored. 39 40 In the event that emergency personnel are unable to gain rapid entry with the methods above, 41 forcible entry methods to gain entrv may be used. The city and/or the Fire Rescue Department 42 shall not be responsible for, nor incur any costs as a result of. gaining access to a specific area. 43 S :ICA 10rdinances\Chapter 9 Ordinance,doc Page 10 I Trees with branches over areas accessible to fire apparatus must maintain fom1een feet of 2 \i I vertical clearance. Vegetation shall not intrude into the roadway such that would limit the free 3 passage of emergencv vehicles. 4 5 6 Sec. 9-20 +& Key boxes/entry systems. 7 8 In all new and existing buildings, except individual residential dwelling units of any kind, 9 there shall be installed a key box for such areas or buildings when the Fire Marshal detem1ines 10 that access to or within a structure or an area is unduly difficult because of secured doors and 11 windows, security gates, or where immediate access is necessary for all life-saving or 12 firefighting purposes. The key box shall be a type approved by the Fire Marshal, and shall 13 contain: 14 15 I (a) Keys to locked points of egress, whether in common areas or on the interior or exterior 16 of such buildings; 17 I (b) Keys to locked mechanical equipment rooms; 18 I ( c) Kevs to fire alarm control panels; 19 I (d) Keys to suppression system components; 20 (e) Keys to locked electrical rooms; 21 (f) Keys to elevator controls; and ,(g) Keys to other areas where fire rescue personnel may need emergency access as 23 I directed by the Fire Marshal. The Fire Marshal shall approve the location of the lock 24 i I box. 25 II 26 I Sec. 9 16. Bulk storage of inflammable liquids in outside aboveground tanl~s. 27 II The limite in \vhich bulk storage of inflammable liquids in outside above;round tanks is 28 ! IProhibited, arc hereby established as follo\vs: 29 II Bounded on the east by the Florida Inland Navigation District Canal; on the north 30 llby the Bo~mton Canal; on the 'Nest by Seaboard Air Line Railroad; and on the south by I \\VOOlbright Road (S\V 15 /,yenue). Such bulk storage is also prohibited \vithin two hundred 32 fifty (250) feet of C.S. Highway No.1, and ',vi thin fire hundred (500) feet of any church, ISChOOl, theater, or other public gathering place, or similar type bulk stora;e tank installation ,located on any noncontiguous parcel. /ill)' buildin; pem1it issued for the construction of bulk 35 II storage tames contemplated hereinabove, shall be subject to the imposition of any reasonable 36 safety requirements deemed necessary by the city commission dictated by the physical 37 I location of the proposed site of such tm:ks. 38 I' 39 22 31 33 34 Sec. 9 17. Penetration of firewalls and fire breats. /\.n)' material penetrating a fire break or fire wall shall have the equivalent fire rating of that break or wall which ie penetrated. 40 41 42 43 S:ICA IOrdinanceslChapter 9 Ordinance. doc Page 11 24 25 26 27 (d) 28 29 30 II 31 32 33 34 35 36 37 38 39 40 41 42 43 ! , i I I ! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ,(C) (f) Sec. 9-21!8. Fireworks. This section may be cited as "The Boynton Beach Fireworks Ordinance." (a) The term Fireworks shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, as defined by Florida Statutes Ch. 791. (b) The Fire Marshal may adopt reasonable rules and regulations for the granting of permits for supervised displays of fireworks by the city, fair associations, civic groups, and other organizations or groups of individuals. Such permits may be. granted upon application to the Fire Chief after the filing of a bond by the applicant as provided herein. Every such display shall be handled by a competent operator and shall be of such composition and character and shall be so located, discharged or fired in a manner not to be hazardous to property or endanger any person. After the issuance of such a permit, sales, possession, use and distribution of fireworks within the city for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. A bond shall be required from the applicant in a sum no less than $1,000 conditioned on compliance with the provisions of this section and the regulations of the Fire Marshal adopted hereunder. Before the issuance of a permit for a display of fireworks, the applicant shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of the applicant or any agent or employee thereof, in such amount, character and form as the Fire Marshal determines to be necessary for the protection of the public. (e) No permit shall be issued under the provisions of this section to an applicant not having an established place of business within the state for conduct of a display of fireworks until the applicant has fulfilled the legal requirements for service of process upon the person or entity seeking a permit. In the case of a corporation, proof of registration with the Secretary of State, as a nonresident corporation shall be required. The Fire Chief, Fire Marshal, or the Police Chief shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks stored or held in violation of this section, and shall dispose of the fireworks in the manner deemed safe by the Fire Marshal when the fireworks are no longer required as evidence of a violation of this section. S:\CA\Ordinances\Chapter 9 Ordinance,doc Page 12 I I I I (g) During 6mes of water shortages or water shortag,e emergencies, as dete1111ined bv the South Florida Water Management District and/or the Citv and defined in Chapter 40E- 21, Florida Administrative Code. as it may be amended from time to time: the possession, use or sale of consumer fireworks, including, sparklers as defined in FS 791.01(8). is prohibited within the city limits without a pem1it as discussed above. 2 ~ -' 4 5 6 7 8 9 10 11 12 13 14 15 (h) Any person or entity violating the provisions of this section shall be punishable as provided in Sec. 9-1 and Sec. 1-6. (h) .'\ny person. fim1, partnership or e01voration engagins in the sale, distlibution or manufacturing of fireworks or sparklers must first apply for and secure a pennit from the Fire Marshal. (1) The application for such pe1111it shall include proof that the applicant is registered \vith the Division of the State Fire Marshal. 16 17 18 19 20 21 22 In addition, the temporary retail sale of sparklers requires a city occupational (2) !license. I (i) Before any permit, as provided by this section, shall be issued by the Fire Marshal for I sale of fire\vorks or sparklers, s'..lch applicant shall file v;ith the Fire Marshal a performance bond or similar security as set forth in division rC. I 24 II (1) Such security shall be approved by the City ,'\ttorney's Office and the Finance 25 I' Department. 'I' II 26 ~~ II 29 II a. The peffi1it holder '\-"ill pay all costs and judgments that may be rendered against 30 I i said pennit holder by a court of law for a violation of said ordinances or statute regarding the \ :11., sale of firev;orks or sparklers; 32 33 III b. The pemlit holder shall pay the cost of providing security at the site(s). parsuant 34 to court order, in the event of the arrest or detention of the permit holder's employees). or 35 lagent(s), for '.'iolation of this section, which arrest or detention results in the site being 36 ,Iunmanned by the permit holder's effijlloyee(s) or agent(s). 37 I 38 I' (j) Record of sales and exemptions. 39 '11. (2) The conditions of such security shall be that: 31 40 (1) In order to verify compliance with F.S., Chapter 791. and this section. the seller of 41 fire\vor1cs must obtain the name and address of each purchaser of firev;orl~s, check a photo 42 identification. and l~eep a record identification. I \S:\CA\OrdinanCeS\Chapter 9 Ordlllance.doc \, I I , , I I I i I I of the names, addresses and form of proof of photo 43 Page 13 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 31 32 33 34 35 36 37 38 39 40 41 42 43 (2) The seller must maintain, on site, this record for all fircworks sales, \vhich includes the name and address of purchase, and the form of identification. (3) These records shall be maintained on sitc and be made a','ailuble during business hours for inm1ediate on site inspection by a Fire Marshal and/or the Police Department or other la'l,' enforcement agencies. (4) The records shall be maintained for a pcriod of t',velve (12) months from the last entry in the record. (5) Should the site close or be ','acated \vithin this t'.velvc month period, the permit holder shall maintain the records for the remainder of the 1\vel\'e month period. (k) .\ny violation of this section shall subject an offender to arrest pursuant to F.S., ~ 901.15, and prosecution pursuant F.S., S 125.69. Sec. 9-22 !9. Fire inspection fees. (a) A fee m the amount of $.~ .060 per square foot shall be levied on all new construction, alterations, or additions in the city. This fee shall encompass plan review and necessary fire inspections required pnor to the Issuance of a Certificate of Occupancy. The City Manager is authorized to waive the fee for all city buildings and events. (b) The following permit fees for fire protection systems are required: (1) Fire detection and annunciation systems: ~ Less than 5000 sq. ft. $35 Greater than 5000 sq. ft. $50, plus $10 for each 1000 additional square feet over 5000. (2) Fixed fire suppression systems (halon, wet/dry chemical systems, etc.): $8. 35 per hour, $35 minimum. (3) Hazardous, flammable or explosive materials: $25.35. (4) Plan rcvic';\' of special occupancics in addition to nonnal plan revicw fees: Per hour fec $35 S:\CA\Ordinances\Chapter 9 Ordinance.doc Page 14 1 2 ., ,) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 i' 24 25 26 III 27 28 III 29 30 II 31 I 32 .,., _""\ :J 34 (C) 35 36 37 38 39 40 41 42 43 Minimum fee 535 Maximum fee $245 (SA) The plan review fee shall be four (4) times that specified in this table. should work commence prior to the fire plan review and approval as required by the Fire Marshal Official. ill f21 Change of plans: 50% of Oliginal fee S35. (6) Feos for ncw construction, alteration, or renovation shall be in the amount of $0.029 per square foot, if pro'.'ided with a fully automatic firc protection system throughout the building. (6) The following inspection fees are required: (1) Minimum pelmit fec: $25. f-B Reinspection fee, due to violation, incompletion, lack of accessibility, or deviation from approved plan. Following the initial inspection, one reinspection for compliance will be included in the original fee. If additional reinspections are necessary due to the above criteria, reinspection fees \\'ill be required. a. Second reinspection due to violation: $2-S-50. b. Second reinspection due to incompletion, lack of accessibility. or deviation from approved plan: $s.G 100. c. Third and subsequent reinspection(s): $+GG 150. Annual inspection fees. There is hereby established a fee structure for annual fire and safety inspection activity conducted by the fire rescue department Fire & Life Safetv Division for commercial enterprises and multi-family dwellings. The owner of each commercial enterprise, business, or multi-family dwelling operating from a location within the City of Boynton Beach shall be charged an annual fire and safety inspection fee as set forth below: (1) Non-residential, (includes all retail, mercantile, business office, industrial. storage occupancies, assembly), healthcare, institutional, residential board and care, and residential structures that are required to have occupational licenses S:\CA\Ordinances\Chapter 9 Ordinance,doc Page 15 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 37 38 39 40 41 42 (e) 43 but not including restaurants, cafes, and public eating places. a. First 1,000 sq. feet: $# 50. b. Each additional 1,000 sq. feet: $~ 8.00. c. Tents, canopies and temporary structures: $# 35. d. Churches up to 10,000 square feet: $45. e. Churches over 10,000 square feet: $45 plus 8$ for each additional 1000 square feet over 10,000. (2) Multi-family building (includes hotels, apartments, cooperatives, condominiums, and boarding houses renting furnished or unfurnished rooms or apartments). a. Three to 24 units: $#-:-50 b. Twenty-five to 38 units: $~ 75. c. Thirty-nine units and over: to 100 units: $~. 100 d. Each unit over 100 is $10 additional. (3) Restaurants, cafes and public eating places: a. Seating capacity up to 15: $B 35. b. Seating capacity from 16 Bj3 to 50: $# 50. c. Seating capacity from 51 to 100 over 50: $~ 100 d. Seating capacity over 100: $200 (4) Educational: a. Nursery day care: $35. b. All others: $75. (5) All others not classified above: $# 50. (6) Businesses or professional individuals sharing one office suite or bay shall be charged only one fire inspection fee. (7) The fees established in division (c), (d), and (e) shall accrue annually. (8) .^..nnual fire inspection fees shall not exceed $150 .^~~.J1ual inspection of fire detection and annunciation systems: $15 per occupancy. Waterlhydrant flow test: $~300. S:\CA \Ordinances\Chapter 9 Ordinance,doc Page 16 2 ' (f) 3 4 5 6 7 8 9 10 11 12 Facilities (g) Structures or systoms requiring more than one inspection per year. excluding reinspections, shall be charged 50% of the original fee but not less than SB 35. (h) Structures with fully automatic fire protection throughout will haye their annual inspoction fee reduced by ono half (50%) (g) Nothing in this section shall be applied to governmental entities. Sec. 9-W 23. Extension cords, control panels, and appliances. 13 14 (a) 15 16 17 (b) ] 8 19 20 21 22 I ~~ i I 25 26 ")'7 ",I 28 29 30 II 31 32 33 34 35 36 ~ '7 ;) ./ 38 39 40 41 42 43 Temporal)! use, Extension cords shall not be used as a substitute for pem1anent vnnng. Conditions of use. Extension cords are permitted only with portable appliances or fixtures. Vvllile in immediate use: (1) Each extension cord shall be plugged directly into an approved receptacle and shall, except for approved multiplying extension cords, serve only one appliance or fixture. (2) The current capacity of the cord shall not be less than the rated capacity of the appliance or fixture. (3) The extension cord shall be maintained III good condition without splices, deterioration or damage. (4) The extension cord shall be of the grounded type when servlcmg grounded appliances or fixtures. (c) Limitations. Extension cords and flexible cords shall not be affixed to structures, extend through walls, ceilings, floors, under doors or floor coverings, nor be subject to environmental damaging physical impact. (d) Multi-plug adapters. The use of multi-plug adapters such as multi-plug extension cords, cube adapters, strip plugs or any other device that does not comply with this code or the National Electrical Code is prohibited. (e) Access to control panels. A minimum 30 inch clearance shall be provided in front of electrical control panels for access. A minimum of 1 ft. clearance shall be maintained to the top, bottom, and sides of each panel. S:\CA\Ordinances\Chapter 9 Ordinance.doc Page 17 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 I 29 30 " 31 32 33 34 35 36 37 38 39 40 41 42 43 _(f) Non-approved appliances. Electrical appliances or fixtures shall not be sold, offered for sale or rent, disposed of by gift or premium, nor made available for use or used unless they are of an approved type. (g) Exception. Low voltage wiring, such as communications and signal wiring. (h) Tempormy wiring. (1) Temporary wiring for electrical power and lighting installations shall be permitted during the period of construction, remodeling, repair or demolition of buildings, structures, equipment, or similar activities. (2) Temporary wiring for electrical power and lighting installation shall be permitted for a period not to exceed 90 days for Christmas decorative lighting, carnivals, and similar purposes. and for eJ<pcrimental development work. (3) When temporary wiring is attached to a structure, it shall be attached in an approved manner. (i) Electrical motors. All electrical motors shall be maintained in a manner free from the accumulations of oil, waste, and other debris, which will interfere with required motor ventilation or create a fire hazard. Sec. 9-U 24. Fire lanes on private property; blocked roadways. (a) For the purposes of this section: Fire Lane. A space sufficient in width and length to permit the parking of fire trucks, rescue vehicles, and other fire rescue department apparatus and located nearest to, or at the best location to permit firefighting and rescue operations nearest to, a building or structure. (b) Fire lanes shall be established on private property where the public has the right to travel by motor vehicle, or where the public is permitted by invitation or by license to travel by motor vehicle, to the extent that any such lane is necessary for access to buildings by -1!!!.Y fire truel,s or other firefighting apparatus as determined by the Fire Marshal. Any person owning or in possession and control of any such property, including but not necessarily limited to, any parking lot, shopping plaza, shopping center or other commercial, industrial or multifamily residential area, shall establish such fire lanes through striping, marking and posting of signs. S:\CA\Ordinances\Chapter 9 Ordinance,doc Page 18 0 Ire epartment or otner emergency ve IC es. an eXIstmg Ul 111g requIres t e changing of access to the properties, the owners shall provide revised site plans to the Building Division and to the Fire Department for their approval. A.ny person failing to comply with the above prOVISIOns or violating the prOVISIOns shall be punished pursuant to the provisions of Sec. 9-1 and Sec. 1-6. Sec. 9-~.25 Use of charcoal ~toves; other dcvices lucking proper ventilation. It shall be unlawful for any per~on to use or causc to be used any charcoal ;rill or stoves; gasoline stove or heater; liquefied petroleum gas grill or stove; or any similar heating or cooking appliance on any balcony, 'Ki thin any screened enclosure; 111 any corridor or halhvay or ',vi thin the confines of any building or structure '.vhen such spaces are not provided 'l.'ith safeguards to insure adequate ventilation. "".II such cooking appliances and de'.'ices shall be used and operated a sufficient distance from any combustible materials or Jtructure~ a~ may be required to pre'.'ent the ignition thereof and the spread of fire outJide the area of intended confinement. No such device or appliance shall be used or operated directly '-Inder an overhang of any structure regardless of the distance removed from combustible matcrial~. S:\CA \Ordinances\Chapter 9 Ordinance,doc Page 19 (c) 2 ~ ,) 4 5 6 -, I (d) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (f) ~~ H i I 24 I ~~ I 27 28 29 (e) 30 I 31 I 32 33 34 35 36 37 38 39 40 41 42 43 After notification by the Fire Marshal of the necessity to establish one or more fire lanes upon a particular property, the owner or person in possession and control of the property shall submit two sets of site plans of the property to the Fire Marshal for review and approval of the design and location of the fire lanes. The site plans shall be drawn to scale and shall show all related buildings, driveways, streets and other infonnation to evaluate the sufficiency of the fire lanes. Approval by the Fire Marshal of the fire lanes shall constitute authorization for the installation of official signs prohibiting the stopping, standing or parking of motor vehicles within the fire lanes, and posting the lanes as tow away zones. Such signs and necessary pavement marking and striping shall be furnished by and at the cost of the owner or person in possession and control of the property, who shall thereafter be responsible for the maintenance of the signs, marking and striping in a state of good repair. All fire lanes signs installed pursuant to this section shall have red lettering, not less than two inches or more than three inches in height, on a white background. Each sign shall be 12 inches wide by 18 inches in height, and shall Bet be mconsistent with the Manual on Uniform Traffic Control Devices of the State Department of Transportation. The Fire Marshal shall prescribe a uniform sign design for such signs. It shall be unlawful for any person to have or cause to have any driveway, roadway or entrance ba..rricaded or blocked by obstacles which 'would interfere \vith the response fF D h' 1 If b 'ld' h 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 37 38 39 40 41 42 43 Barbecues and Open Flames on Balconies and Patios. The use of any type of grill that produces an open flame is prohibited from being used on the balcony, porch or rooftop of any multi-family dwelling with three or more units. No propane tanks may be stored within such multi-fan1ily dwellings or on balconies, porches, or rooftops. A barbecue grill may be used on ground level at a multi-family dwelling as long as the grill is more than fifteen (15) feet from the nearest overhang or any other part ofthe dwelling. Sec. 9-H26. Markin2: fire hydrants and fire department connections. .@} Reflective blue markers shall be placed to indicate the location of a hydrant. (b) Reflective red markers shall be placed to indicate the location of fire department connections to a sprinkler or standpipe system. (c) Fire Hydrants shall be painted red in accordance with specifications approved by the Fire Chief. Sec. 9-M27. Requirements for high-rise buildings and buildings with six or more stories. (a) Enforcement of application. The high-rise regulations set forth in this section shall be enforced by the Fire Marshal. These regulations shall apply to all buildings, which have floors used for human occupancy located seventy-five (75) feet or more above grade., and all buildings of six (6) or more stories used for human occupancy. (b) Certificate of Compliance. (1) No Certificate of Occupancy shall be issued for a high-rise building era building of six (6) or more stories, unless a Certificate of Compliance, as described herein, is first issued by the Fire Marshal. (2) The following life safety features shall be provided and maintained in working order by the property owner in accordance with approved plans and specifications and shall be tested, certified and proved to be in proper working condition at the owners cost to the satisfaction of the Fire Marshal before Issuance of the Certificate of Compliance. a. Firefighters Breathing Air Revlenishment System. The requirements of the Uniform Plumbing Code (2006) regarding the Firefighter Breathing Air Replenishment System (Standard IAPMO IGC 220-2005) is hereby S:\CA \Ordinances\Chapter 9 Ordinance,doc Page 20 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~: II L,) 'i 24 25 26 27 28 29 30 II 31 32 ~~ _i~ 34 35 36 37 38 39 40 41 42 43 adopted. l. system capable of supplying breathing air to multiple levels of the structurc for the purpose of filling breathing air bottles shall be proyided. The svstem It-shall be designed to meet Fire Department needs,- as described in the Fire Departmcnt Dosign Guide; be tested annually~ and maintained at the expense of the owner. It shall be for Fire Depmiment use only, b, Equipment storage rooms. Equipment rooms or areas as described in the Fire Department Design Guide, for purpose of storing equipment for Fire Department use shall be provided, c. Stainvell doors. Stairwell doors shall remain unlocked to allow entry to each floor above the first floor from the stairwell. d. Administrative controls. Administrative controls shall be provided as deemed appropriate by the Fire Marshal. This typically includes evacuation! identification maps, door labels, impaim1ent controls. etc. e. Master keys. Multiple master keys fitting all common area doors shall be provided. f. Rappelling anchors, .Anchor devices meeting Fire Department requirements as described in the Fire Department Design Guide shall be placed on the roof and used by the Fire Department for rappelling purposes. g. Suppression connections and control valves. The location of Fire Department connections and fire suppression control \'alves shall be approved by the Fire Marshal. h. Communications. The systems and devices used to provide voice information to building occupants and among emergency personnel shall be approved by the Fire Marshal. 1. Elcvators. Elevators shall be of adequate size and configuration to accommodate the noods of the Fire Department. as described in the Fire Department Design Guide, Smoke conti'ols. Stairways and areas important to life safety shall be provided with adequate smoke control features as determined by the Fire Marshal. :\CA\Ordinances\Chapter 9 Ord1l1ance,doc Page 21 33 Sec. 9-28. Bars over windows and doors. Any newly installed windows and doors with security bars shall be equipped with quick release devices to allow them to be opened immediately in an emergency. These device operate from inside and allow the bars to be opened for emergency escape. The quick-releas devices shall be easy to open without the use of a key. detailed knowledge. or great physica effo11. Sec. 9-29. Reauirements for boat docks and piers. Construction Purpose: To provide a reasonable degree of safety to the general public. emergency response personnel. and others who use a docking facility or pier. in conjunction with fire and life safety features and firefighter safety. Scope: This ordinance shall apply to all docking or pier facilities that are part of any commercial establishment. or any docking or pier facility that is used by the public. whether or not a fee is charged for such use. Piers and docks and any stairway or ramp or walkway leading to a dock or ramp shall have a Tailing at least 38" high. continuously along the side of the dock or pier that faces water. Height shall be measured from the surface of the dock used for foot travel. Vertical guards shall be provided continuously for the full length of the railing. The guards shall be spaced so that a sphere of 4" will not pass between them. Where a space is designated for boats to discharge passengers, a gate that is equal to the height of the railing shall be provided. This gate shall be kept closed unless being used for passenger discharge or the unloading of goods. If a dock. pier. or any walkway leading to a dock or pier is constructed of planking, the planking shall be installed so that there is no more than 1/8" between planks. Fire Protection All dock or piers that do not abut land shall be provided with a wet or dry standpipe system for firefighting purposes. Anv hose outlet shall be capable of supplving 250 gpm. The standpipe shall be designed by a licensed fire sprinkler contractor and approved by the Fire Marshal. Lighting shall be provided along the entire length of the dock. pier. or walkway so that no less than 0.1 foot-candle is available at the walking surface. Sec. 9-30. Emereency Response Identification and Site Plan Mappine. S:\CA \Ordinances\Chapter 9 Ordinance.doc Page 22 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 s e 34 35 36 37 38 39 40 41 42 43 1 2 3 4 5 6 7 8 9 10 11 12 The owners of all properties having a building thereon shall install and maintain 111 conSPICUOUS place a correct street number of sufficient SIze (Minimum of 4-inch fo residential and 6-inch for commercial), shape, and character as to be visible and readable b emergency personnel approaching from any direction. The owners of all properties that ar subdivided into suites or bavs shall install and maintain in a conspicuous place suite and ba designations that are likewise visible and readable bv emergency personnel approaching frOl anv direction. Facilities that have multiple entrances shall designate each entrance with an identifier s responding emergency personnel will know to gO to the specific entrance closest to the patien or emergency. Prior to the final new construction inspection bv the Fire Department, the developer. architect, or contractor must provide the following: . All necessarv information required for emergency response to the buildings. structures. or units. . A site plan indicating "For Emergency Response Identification and Mapping."' . The site plan must reflect all the buildings/structures on the propertv and the i building(s) Olientation to driveways and labeled streets. . If applicable, the site plan must also identifv all suites or units. I . One paper COpy 11 inches bv 17 inches. I . One AutoCAD or digital CD suitable for use bv G.I.S. II I I Sec. 9-31. Ernen~encv access roadways. Emergencv access roadwavs at construction sites must be fin11 and unvielding, having a bearing value of not less than 40 (i.e. LBR 40), compacted to 98% of the maximum densitv as determined by AASHTO T180, in accordance with the FDOT Standard Soecifications (or Road and BridJ!e Construction (2000) Division lL Section 160, STABILIZING. A copv of the test results shall be provided and accepted prior to above grade construction. T estin g frequency shall not be less than that specified in the FDOT Samolinz, Testine: and Reportine: Guide, or as required by the Fire Marshal. The roadway shall be maintained free from ruts, depressions, and damage, and at the required bearing value for the duration of ii's intended use. S:\CA\Ordinances\Chapter 9 Ordinance.doc Page 23 a r y e V n o 13 14 15 16 17 18 19 20 21 22 ')'1. -'--' 24 25 26 27 28 29 ,,, :)v 31 32 33 34 35 36 37 38 39 40 41 42 43 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Roadways determined by the Fire Marshal to provide emergency vehicle (fire and EMS) access to occupied structures or structures that are under construction, must be of sufficient width (tvpically 50ft.) to allow emergency vehicles unencumbered access even when vehicles are illegallv parked. Sec. 9-32. Fire Protection Water Supplv Requirements. In accordance with NFP A 24 (2003) Section 5.1.3. design of water based suppression systems that are not supplied bv fire pumps, shall be based on drought conditions (45 psi static per the Utilities Department). New construction proiects must provide the results of a hydrant flow test performed by the Fire Rescue Department. indicating a fire flow not less than 1500 gpm @ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 ft. of the facility per LDR 6-16. The required fire flow for hydrants protecting high-rise buildings shall be 3000 gpm (jj) 20 psi. above domestic use. Hydrants not in service (no water available) shall be covered with a black plastic bag so as not to be mistaken for active hydrants available for fire suppression. 23 I Sec. 9-33. Duct Detector AnnuncIatIOn Where an approved fire alarm system is installed in a building, HV AC duct detectors shall be connected to the fire alarm system. Smoke detectors used solely for closing dampers or for heating, ventilating. and air-conditioning system shutdown shall not activate the building fire alarm. They are to be identified as "Supervisory" only. IUnless part of an Engineered Smoke Control Svstem. all HV AC svstems in a fire area shall shut down when any duct detector activates. Sec. 9-34. Tent Requirements For Assemblv Use a) A supplemental lighting system in addition to the regular system for emergency lighting is required. b) A certificate of flame retardant fabric is required to be provided to the authority having iurisdiction. c) A confirmatory field inspection is required after the tent is erected and prior to use by the public to confirm flame resistance. S:ICAIOrdinanceslChapter 9 Ordinance,doc Page 24 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 " Sec. 9-36. Hot 'Vork Operations 1 2 3 4 5 6 .., I 24 25 26 27 28 29 30 II d) The storage of flammable liquids or the use of combustible materials, not f1ame retardant treated, are not permitted inside the tent. There will be no smoking or open flame allowed inside the tent. e) A method to provide for emergencv communjcatjons shall be provided. f) A ten-pound ABC fire extjngujsher wjU be promjnentlv displaved and persons operatjng the assembly shall be trajned. (g) The public will be protected from tripping hazards and all electrical connectjons shall be enclosed. (h) Applicable building permits and inspections shall be required. Pern1it apphcations shall include flame-spread jnfonnation. location of tent relative to other structures, and the time period the tent is to be used. (i) Generators are not permitted to be wjthin 10 feet of the tent. Sec. 9-35. Fire Sprinkler Systems Water meters are prohjbited on fire sprinkler supplv lines. (a) Welding, cutting, and other hot work shall comply with NFPA 51B. Standard (or Fire Prevention DurinfZ Welding, CuttinfZ. and Other Hot Work. (b) No such work shall be conducted without the issuance of a written Hot Vi ork Permit perNFPA SIB. 31 (c) A Fire Watch shall be required jn accordance with NFPA 51B. 32 33 Sec. 9-37 Safel:!uardinl:! Roofinl:! Operations. 34 35 All roofing operations involving heat sources and hot processes shall not commence until a 36 roofing permit has been issued bv the Fire Rescue Department. 37 38 Sec. 9-38 Carbon Monoxide Detection 39 40 DwellinG units that contain fuel-burninG annbances or firenlaces. have attached aara2:es. or 41 receive temporary electrical power from portable generators, shall complv with the 2005 42 edition, of NFP A 770. Standard (or the Installation o( Carbon Monoxide (CO) Warninf; 43 Equipment in Dwelling Units. S:ICAIOrdinanceslChapter 9 Ordinance,doc Page 25 1 2 (Sec. 9-39 through 9-49 resenJed) 3 ARTICLE III. FIRE AND LIFE SAFETY DNISION 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 III (b) 30 31 32 33 34 35 36 37 38 39 40 41 42 (d) (e) (f) Sec. 9~ 50. Establishment of Division; authority of Chief; designation and tenure of Fire Marshal; appointment, title, and tenure of inspeeters. Purpose, Duties. and Responsibilities. 1. A Division of Fire and Life Safety within the Fire Rescue Department of the City of Boynton Beach, FL is hereby established which shall be operated under the supervision of the Chief of the Fire Rescue Department, herein known as the Chief. 2 The division was established to vrevent fires that result in loss of life, serious in;urv, excessive vropertv loss and business interruvtion: the division shall be dilifZent stewards of the resources vrovided: the division shall fairlv and consistentlv enforce the fire orotection statutes of the city and state: and shall revresent the city with the utmost intefZritv, honor. and vrofessionalism. 3. It shall be the duty of the officers of the Fire and Life Safety Division, idontified in Section 9 29, to enforce all laws and ordinances concerning the following: (a) The prevention of fires through: (1) (2) (3) (4) Inspections. Plan reviews. Public education. Enforcement. The storage and use of explosIve, flammable, hazardous materIals, and tOXIC substances. (c) The installation and maintenance of automatic and other private fire alarm systems and fire extinguishing and protection equipment; control of impairInents to these systems. The adequacy, maintenance, and regulation of all means of egress from all occupancies within the jurisdiction of the Fire Rescue Department. The investigation of the cause, origin, and circumstances of fires. The Fire Marshal, and such personnel inspectors that he or she may designate, are hereby designated as Code Enforcement Officers for the purpose of issuing citations under the City of Boynton Beach Codes. S:\CA \Ordinances\Chapter 9 Ordinance,doc Page 26 2 (g) Officers shall have the power to perfonn other such duties as are set forth in this chapter, and as may be conferred and imposed by other codes, statutes, and other regulatory criteria. Sec. 9-51. Staff 22 23 ,,(a) I ' , 24 25 26 27 28 I (b) I 30 II 29 31 35 (a) 36 ~"7 ,) I 38 39 40 41 42 43 (b) 1. The Chief shall establish appointment criteria and designate a person to serve as Fire Marshal, who shall hold this office at the pleasure of the Chief. The Chief may detail such other members of the Fire Rescue Department as Inspectors, to be known as Assistant Firc Marshals, as necessary. The Chief Fire Marshall shall establish appointment criteria and shall recommend to the City Manager Fire Marshall the employment of onc or more ;\ssistant Fire Marshals/Investi;ators, '.vho, sufficient staff to accomplish the division's purposes, \-vhen such authorization is made, shall be selected, for the position. The examination shall be open to members of the Fire Rescue Department, as well as to outside candidates and shall be for an indefinite term subject to the o:ppropriatc persOlmel policios of the City of BO)11ton Beach. 14 15 16 17 18 19 20 21 Sec. 9-M52. Authority to enter property for inspection. ~ , 4 5 6 7 8 9 10 11 12 13 2. The Chief of the Fire Rescue Department, the Fire Marshal or any inspector may. at all reasonable hours, enter any building or premises within his or her jurisdiction for the purpose of making any inspection or investigation which, under the provisions of this chapter, he or she may deem necessary to be made. If consent is not granted to conduct an inspection of a building, structure or premise the Fire Marshal shall obtain an inspection warrant as provided for in the Florida Statutes 99 933.20 - 933.30. 32 Sec. 9-533-J. Inspection of nonresidential and multi-family occupancy premises 33 generally; enforcement orders. 34 It shall be the duty of the Chief of the Fire Rescue Department to inspect, or cause to be inspected by the Division of Fire and Life Safety or by the Fire Rescue Department officers and members, as often as may be deemed necessary, but not less than once per year in all buildings and premises except the interiors of occupied private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of any ordinance of the city affecting fire hazards. Whenever any inspector, shall find in any building or upon any premises, combustible S:\CA"Ordinances\Chapter 9 Ordinance,doc Page 27 1 or explosive matter or dangerous accumulations of rubbish or unnecessary 2 accumulations of waste paper, boxes, shavings or any highly flammable materials, or 3 stored material which is so situated as to endanger property, or shall find obstructions 4 to or on fire escapes, stairs passageways, doors or windows, liable to interfere with the 5 operations of the Fire Rescue Department or egress of occupants in case of fire, he 6 shall order same to be removed or remedied. 7 8 Sec. 9-JJ54. Inspections involving special hazards, fire alarms and sprinkler systems; 9 enforcement orders. 10 11 The Chief of the Fire Rescue Department, the Fire Marshal or any inspector specially 12 specifically designated thereto shall inspect, as often as deemed necessary, but not less than 13 once per year, all specially hazardous manufacturing processes, storage or installations of 14 gases, chemicals, oils, explosives and flammable materials, all interior fire alarm and 15 automatic sprinkler systems and such other hazards or appliances as the Chief of the Fire 16 Rescue Department shall designate, and shall make such orders as may be necessary for the 17 enforcement of the laws and ordinances governing the same and for safeguarding life and 18 property from fire. 19 20 21 Sec. 9-55M. Inspections complaint; order to remedy danger; evacuation of occupied 22 buildings or structures. 23 24 I (a) 25 26 27 28 29 30 31 32 33 34 35 (b) 36 37 38 39 (c) 40 41 42 43 The Fire Marshal, or designee, upon the complaint of any person or whenever he, she or they deem it necessary, shall inspect any buildings and premises within their jurisdiction. Whenever any of the said officers shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated conditions, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever such officer shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof he, she or they shall order such dangerous conditions or material to be removed or remedied. Any person who, after being served with a written order to cease such severe and immediate hazardous activity, operation or process, willfully fails or refuses to comply with such an order shall be subject to immediate arrest. The Fire Marshal, or designee may order the immediate evacuation of any occupied building or structure or assembly area when such building, structure or assembly area is deemed hazardous due to fire hazard, obstruction to exits, overcrowding of the premises, or any other hazard or potential which presents immediate danger to the occupants. The premises or any portion thereof, may not be reoccupied until it has S:\CA \OrdinanceslChapter 9 Ordinance,doc Page 28 2 been examined and deemed free of the hazard or potential which caused the evacuation to be ordered. Persons refusing to obey either a verbal or \\Titten order of the Fire Marshal or designee shall be subject to immediate arrest. 3 4 5 6 Sec. 9-56JS. Service of enforcement orders. 7 8 The service of such orders as are mentioned in these codes may be made upon the occupant of 9 the premises to whom it is directed, either by delivering a copy of same to such occupant 10 personally or by delivering the sanle to and leaving it with any person in charge of the 11 premises, or in case no such person is found upon the premises, by affixing a copy thereof in a 12 conspicuous place on the door to the entrance of such premises. Whenever it may be 13 necessary to serve such an order upon the owner of the premises such order may be served 14 either by delivering to and leaving with such person a copy of such order, or, if such owner is 15 absent from the jurisdiction of the officer making the order, by mailing such copy to tIle 16 owner's last known post office address. 17 18 19 Sec. 9-57J.6. Compliance with orders; appeal to Fire Chief. 20 21 Any order served under the provisions of Sec. 9-.ll~ shall forthwith be complied with by the 22 owner or occupant of such premises or building. If such order is made by the Fire Marshal or 23 . ,one of the inspectors, such owner or occupant may within 24 hours appeal to the Chief of the 24 IIFire Rescue Department, who shall, within five days, review such order and file his decision 25 thereon, and unless by his authority the order is revoked or modified it shall remain in full 26 force and be complied with within the time fixed in the order or decision of the Chief of the 27 IIFire Rescue Department. 28 29 111_ - 58'}'"f I ., f ff' 'd d 30 IIISec. Y- _;:n-o nvestIgatlOn 0 causes 0 Ires reqUIre ; proce ures. 31 32 33 34 35 36 "~ _""'! I 38 39 40 41 42 43 :\CA'Drdinances\Chapter 9 Ordinance,duc Page 29 1 Rescue Department 'Nithin two days after the occurrence of the same. Such report shall be in 2 such form as shall be proscribed by the Firc Marshal, and shall contain a statement of all facts 3 relating to the cause, origin and circumstances of such firc, explosion, or hazardous condition 4 and extent of dama;e thereof and the insurance upon such property and such other 5 infOlmation as may be required. 6 7 In accordance with F.S. 633.03 the State Fire Marshal shall investigate the cause, origin, and 8 circumstances of every fire occurring in this state wherein property has been damaged or 9 destroyed where there is probable cause to believe that the fire was the result of carelessness 10 or design. 11 12 The Fire & Life Safety Division will conduct investigations of each fire event that does not 13 present an obvious cause. These investigations are to begin while suppression forces remain 14 in control of the scene unless the property is otherwise secured as authorized by the on-call 15 investigator. The purpose of these investigations is to learn the circumstances that caused the 16 fire in an effort to prevent future fires. 17 18 Whenever criminal activity is suspected, the Fire & Life Safety Division shall immediately 19 notify the State Fire Marshal's office and local law enforcement, and shall further co-operate 20 with these authorities in the collection of evidence, crime scene preservation, and in the 21 prosecution of the case. 22 23 (Sec. 9-59 through 9-69 reserved) 24 25 Secs.9 38 9 50. Reserved. 26 27/ ~: II ARTICLE IV. FIRE PROTECTION OUTSIDE CITY 30 III Sec. 9-*70. When rendered. 31 32 No fire service shall be rendered outside the municipal limits of the city by the municipal fire forces except in the following cases: 33 34 35 36 37 38 39 40 41 42 43 (a) To protect property located in a fire protection district or in a township, village or city having a contract with the city for fire protection. (b) To protect property within the city threatened by a fire outside the city. (c) To protect city property located outside the city. (d) To provide mutual/automatic aid as provided by written agreement. S:\CA\Ordinances\Chapter 9 Ordinance,doc Page 30 2 ( e) In the event that Boynton Beach Fire Rescue Department resources are requested by another municipality which has an agreement with a third-party agency for mutual aid services, and in the absence of an Interlocal Agreement or Mutual Aid Agreement with the City of Boynton Beach, a fee in the amount of $2,000 per occurrence for up to one (1) hour service, and $500.00 per hour for each additional hour, shall be charged to the municipality requesting and receiving such services. Paynlent must be made to the city, in full, within thirty (30) days of invoice. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (Sec. 9-71 throuf!h 9-81 reserved) Secs, 9 52 9 55. Resen'ed, ARTICLE V, PROTECTION COVERAGE EMERCENCY FIRE 'V.\TCH; ST.A1NDBY COVERACE FIRE IMPAIRMENTS; EMERGENCY FIRE WATCH; STANDBY Sec, 9-~82, Emergency fire watch; disabled system, Fire Protection Impairments Impairment Defined. A system is considered to be impaired whenever it is not capable of meeting its design function as required by the appropriate NFP A code. In the interest of life safetv, immediate notification to the fire department and fire watch requirements or other compensatorv measures are required whenever a building's fire alaml 24 i isvstems, standpipes. fire sprinkler systems. and/or other emergencv svstems are out-of-service for reasons other than scheduled maintenance and testing. This rule also specifies requirements for fire department notification and fire watch implementation when scheduled 27 \ \maintenance or testing places any of the fire protection svstems listed above out-of-service for 28 more than 4 hours. IIR 'b'l't' fB ')"" 0 t 30 II esponsl I lies 0 UI Olll!:! uwner or ccupan I \For all occupancy groups. the building owner. owner's designee. or occupant shall: , I 1. Notifv the Fire Department immediatelv at a designated telephone 24-hour reporting line of the following occurrences resulting from other than scheduled maintenance or testing: 22 23 25 26 29 31 32 33 34 35 36 37 - Out-of-service fire alal111 svstem. 38 I- Out-of-service standpipe system. 39 I- Out-of-service fire s rinkler s stem. 40 - Building fire rotection svstem in which a su erviso or trouble si lal has been transmitted 41 for a eriod exceedina eiaht hours er NFP A 72 1999 Edition 42 - Out-of-service su ression svstem. 43 Out-of-service emergencv alal111. . :\CA \Ordinances\Chapter 9 Ordinance,doc Page 31 24 25 26 27 28 29 (b) 30 II 31 32 33 34 35 36 37 38 39 40 41 42 43 2. Provide notification to building occupants of any out-of-service fire alarm, fire sprinkler or emergency alarm system, and notification when restored to service. 3. Notify the Fire Department at the designated 24-hour reporting number when the out- of-service svstem is restored in full. Infoffi1ation to be provided to the Fire Department on the reporting line includes the following: 1. Name and phone number of person reporting the infoffi1ation. 2. The nature of the problem or out-of-service system being reported and the estimated time before it will be back in full service. 3. The name and address of the building affected. 4. The name of the building owner, or occupant and their phone number, if known. Sec. 9~83. Emergency fire watch; disabled system for impairments. (a) When the Fire Rescue Department finds it necessary to station fire rescue personnel at a buildin with a disabled fire alann and/or fire su ression s 'stem. the owner of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (c) g pp ) building shall pay the city a fee of $40.00 per hour per person for the expense incurred by the city in administering the fire watch. Fire Rescue Department personnel will continue the fire watch until either the system is repaired and functioning, or until relieved by a responsible person as determined by the Fire Marshal. Fire watch assessments are due within 30 days after the city mails the invoice to the owner. A late payment penalty shall accrue at a rate of 5% per month, and prorated as necessary, for an assessment past due. The assessment of fire watch assessments does not in any way relieve the owner from paying any inspection or reinspection fees associated with the re-establishment of a functioning alarm and/or fire suppression system. It shall be unlawful for any person to fail or refuse to pay fire watch assessments when due. Any person found guilty of violating this provision shall be subject to a fine equal to the fire watch assessment and/or imprisonment for a term not exceeding 60 days in jail. Sec. 9-84~. Standby fire and emergency medical coverage. S:\CA \Ordinances\Chapter 9 Ordinance.doc Page 32 1 (a) 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 (b) 18 19 20 21 22 23 24 'i 25 26 II' 21 28 29 Ii 30 II 31 32 33 34 35 Whenever, in the opinion of the Fire Marshal, it is essential for public safety in any place of public assembly or any other place where people congregate, due to the number of persons, or the nature of the performance, exhibition, display, contest or activity, the Fire Marshal may require the owner, agent or lessee to employ one or more off-duty certified city fire-rescue personnel, as required and approved by the Fire Marshal, to be on duty at such place. Said city fire-rescue personnel shall be subject to the Fire Marshal's and/or his/her designee's orders at all times, \vhen so employed, and remain on duty during the times such places are open to the public, or when such activity is being conducted, including one hour before opening the area to the public and one hour after closing the area to the public. Before each perfomlance or the start of such activity, said city fire-rescue personnel shall inspect all required fire and life- safety equipment to insure that such equipment is in proper working order, and shall keep diligent watch for any emergency that should arise. Should any emergency arise, the said fire-rescue personnel shall take whatever action necessary to protect the occupants and public from injury, illness, or any life threatening condition. Whenever, in the opinion of the Fire Marshal, it is essential for public safety in any place of public assembly or any other place where people congregate, due to the number of persons, or the nature of the performance, exhibition, display, contest or activity, the Fire Marshal may require the owner, agent or lessee to employ one or more off-duty certified city paramedic(s) and/or EMT(s) as required and approved by the Fire Marshal, to be on duty at such place. Said city paramedic(s) and/or EMT(s) shall be subject to the Fire Marshal's and/or his/her designee's orders at all times, when so employed, and remain on duty during the times such places are open to the public, or when such activity is being conducted, including one hour before opening the area to the public and one hour after closing the area to the public. Before each performance or the start of such activity, said city fire-rescue personnel shall inspect all required fire and life-safety equipment to insure that such equipment is in proper working order, and shall keep diligent watch for any emergency that should arise. Should any emergency arise, the paramedic(s) and/or EMT(s) shall take whatever action necessary to protect the occupants and public from injury, illness or any life threatening condition. (c) For the provision of the services described in subsections (a) and (b) above, the City of Boynton Beach shall be entitled to a reasonable fee at a rate established by the Fire Rescue Department, as may be adopted and subsequently amended by resolution of the City Commission. of $40.00 per hour per person for the expense incurred bv the city. A fire engine or rescue unit required to remain on site will result in a fee of S 100.00 per hour per unit in addition to the cost of personnel. The Fire Chief mav reduce or waive fees if deemed appropriate. 36 37 38 39 40 41 42 (Sec. 9-85 through 9-95 reserved) I I 11 II S:\CA\Ordinanccs\Chapter <) Ordinance doc Page 33 1 2 I ARTICLE VI. COST RECOVERY FOR OPERATIONS DUE TO COD VIOLATIONS. SPECIAL OPERATIONS AND CLEAN-UP OF HAZARDOU MATERIALS Sec. 9-61-96. Definitions; authority and 'bT Cost Recoverv Pro2'ram fo responsl llty. incidents due to ne21i2'ent. unlawful or unauthorized acts as defined herein. There is hereby established a Cost Recovery Program for the purpose of recoverin2: costs fo the Fire Rescue Department in responding to incidents due to code violations. negligent unlawful or unauthorized acts as defined herein. Definitions. Unless the context otherwise requires. the following terms as used in this Cost Recove Program shall be construed according to the definitions given below. Business. An entity consisting of one (1) or more persons engaged In commercial activity for profit. Careless. Not taking ordinary or proper care; heedless; inattentive. Contract. An oral or written agreement to have work performed by a contractor. Contractor. Person or entity who has a contract to perform a task or service. I Emergency Response. Any call reqnirin" the Fire Department to respond. I I Incendiary Act. A fire purposely set bv a person or persons. Malicious Act. A wrongful act intentionally done without legal iustification or excuse; an unlawful act done willfully and purposely. Negligence. Failure to use the ordinary care a reasonably prudent and careful person would use under similar circumstances; failure to do something which a reasonable person would do; or the doing of something which a reasonable and prudent person would not do. Person. The word "person" may include an individual. contractor. business. association. or any other entity. Sees. 9 58 960. Resorved. S:\CA \Ordinances\Chapter 9 Ordinance, doc Page 34 E S 3 4 5 6 7 8 9 ]0 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 r r ry a Acts reQuirilll:?: cost reimbursement. 1. Ne2Jh?:ence/Careless Acts: Any contractor or business whose ne!2:1i!2:ence or careless actions or conduct causes an incident resulting in appropriate emergencv response. mav be required to make payment to the City of Bovnton Beach for the costs of that emen!:encv response. 2. Malicious or Incendiary Acts: Any person whose malicious or intentionaL reckless incendiary act causes an incident resulting in emergency response, may be required to make pavn1ent to the City of Boynton Beach for the costs of that emergency response. 3. Drivin2 Under the Influence: Anv person who has a 0.08 or more alcohol concentration in his or her blood or breath, or whose blood or urine contains evidence of the unauthorized use of cannabis, or of the unauthorized use of a controlled substance. and who causes an incident resulting in appropriate emergency response, upon conviction (includes supervision and probation) may be required to make payment to the Citv of Bovnton Beach for the costs of that emergency response. Fees. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Ila) ~~ I 27 II 28 1'1' 29 30 III 31 I 32 I 33 34 35 36 37 38 39 40 41 42 43 id) I I II II Ii The following fees shall applv to all acts enumerated in Section 9-38 Per Fire Engine Per Hour............................................................... $390,00 Per Truck Company Per Hour........................................................ $390.00 Per Command Vehicle Per Hour.................................................... S 195.00 Per Ambulance Per Hour ............................................................... $390.00 Per Administrative Vehicle Per Hour ............................................ S 112.00 Per Administrator Per Hour ........................................................... $112.00 Per Fire Inspector Per Hour ........................................................... $ 84.00 Per Suppression Member Per Hour................................................ S 84.00 b). A minimum of one (1) hour shall be charged. Subsequent hours will be billed at fifteen (15) minute increments. c) Late Fees: All fees shall be paid to the Citv Collector within sixt\! (60) days of the invoice date. In the event that the fees are not paid within the sixtv (60) dav period. an additional charge of five percent (5%) shall be added to the outstanding balance and will subsequently be added each thirtv (30) day period that the balance remains unpaid. Waiver of Fees: The Fire Chief. or his/her designee. may waive or reduce fees, S:\CA\OrdinancesIChapter 9 Ordinance.doc Page 35 35 36 37 38 39 40 41 42 43 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 Sec. 9-6l97. Definitions; authority and responsibility. Cost Recoverv for special operations and clean-up of hazardous materials. (a) For the purpose of this section, the following words and phrases shall have the meanings given herein: Costs. Those necessary and reasonable costs incurred by the city in connection with investigating, mitigating, minimizing, removing or abating discharges of hazardous substances, or in connection with costs incurred by any activity of the special or tactical operations unit including but not limited to actual labor costs of city personnel or its authorized agents; costs of equipment operation and rental; costs of expendable items, including but no limited to firefighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums, acid suits, acid gloves, goggles and protective clothing. Discharge. Any intentional or unintentional action or omISSIOn resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance upon public or private property located within the corporate limits of the city. Hazardous Substances. Any substances or materials in a quantity or form which in the determination of the Fire Department pose an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within the city and shall include but not be limited to those substances listed in the NFP A Guide on Hazardous Materials or the EP A's list of extremely hazardous substances, or the Florida Substance List promulgated by the state department of labor and employment security. I (b) The Fire Rescue Department is hereby authorized to take such steps as necessary to clean up, remove or abate the effects of any hazardous substances discharged upon or into public or private property or facilities located within the corporate limits of the city, and is authorized to use its special or tactical operations unit to effectively deal with specific emergencies, including, but not limited to, high-angle, confined space, and other forms of vertical rescue. (c) Any person responsible for causing or allowing an unauthorized discharge of hazardous substances which requires action by the Fire Rescue Department or its authorized agents in order to protect the public health, safety or welfare shall reimburse the city for the full amount of all costs associated with the investigating, mitigating, minimizing, removing and abating any such discharge, or otherwise providing relief to a life-threatening situation involving special and tactical operations. Reimbursement shall be made within 30 days after receipt of an itemized S:\CA \Ordinances\Chapter 9 Ordinance,doc Page 36 2 3 4 I f I I I I I (d) 5 6 7 8 (e) 9 10 11 12 (f) 13 14 15 II 16 17 I 18 (g) 19 20 ~~ 1'1,., 23 - bill for such costs from the city. When responding to the emergency caused by the unauthorized discharge of hazardous substances, or to an emergency requiring the use of the special or tactical operations unit, the Fire Rescue Department shall keep a detailed record of the cost attributable thereto. The authority to recover costs under this section shall not include costs incurred for actual fire suppression services, which are nonnally or usually provided by the city's Fire Depmiment or its authorized agents. Any person responsible for causing or allowing an unauthorized discharge of hazardous substances, or responsible for an emergency requiring the use of the special operations and tactical unit, and who fails to reimburse the city within the time set forth herein shall be subject to a late fee in the amount of 10% of the total amount of the bill for each additional day that the bill for such costs remains unpaid. The remedy provided for in this section shall be supplemental to and in addition to all other available remedies by law and equity, (Sec. 9-98 throu'Zh 9-] 08 reserved) 24 Sees. 9 62 9 6-1. Reserved. 25 26 ARTICLE VII. CONTROL OF AUTOMATIC ELEVATORS 27 It 28 Ii II Sec. 9-6S1 09. General; key switch operation; capacity; access keys; instructions posted; 29 I emergency use. I 30 II 31 I" I(a) 32 ..,.., I :J:J 34 I I 35 ! t 36 I 37 1'1 [ (b) 38 ~~ II(C) 41 I! (Sec. 9-]] 0 throuzh 9-120 reserved) 42 I I I I S:\CADrdinances\Chapler 9 Ordinance doc I I ! i , In all buildings three stories or more in height, hereafter erected, \\'hich are equipped with automatic elevators, at least one designated elevator servicing all floors of the structure shall be arranged for emergency use (firefighter's service) by Fire Department personnel. The control of automatic elevators shall meet the requirements as set forth under the state elevator code and AS ME/ ANSI. Al 7,1 . Existing elevators shall conform to the requirements of ASME/ ANSI A 1 7,3, Elevators shall be inspected and tested as specified in ASME/ANSI A 17,3, Page 37 Sees. 9 66 9 70. Reserved. 2 ... ~ ARTICLE VIII. HAZARDOUS MATERIALS AND TOXIC SUBSTANCES 4 5 6 Sec. 9--1+121. Fire Department Hazardous Materials Permit. 7 8 9 10 11 12 13 14 This purpose of this program is to identify and control the more serious material hazards within the city. primarily for the protection of responding emergency persOlmel. but also to assure these dangerous substances are used and stored properly to protect employees and the public. The authority for this permitting program is provided by the Florida Fire Prevention Code. It is also authorized by City Ordinance Article III. Section 9-50. which requires the Fire & Life Safety Division to enforce all laws and ordinances concerning the storage and use 0 explosives. flammable. and hazardous materials. The occupational license application (new or renewal) for a Business Tax Receipt reqUIreS the submission of all Material Safety Data Sheets (MSDS) that the business is required to maintain in accordance with SARA Title III or OSHA requirements. h1 addition to requiring a Business Tax Receipt. an inspector may at any time he or she finds chemicals. hazardous materials. or toxic substances. MSDS may be requested for review to determine if a Hazardous Materials Pern1it is required. The MSDS are reviewed by the Fire & Life Safety Division to detennine if any of the materials would qualify as a "3 " or "4" for any category of the NFP A 704 hazard identification system. If any are found to meet that criteria. a Hazardous Materials Permit is 15 f 16 17 18 19 20 21 22 23 24 25 26 27 28 I required. 30 II 31 I ExceTJtion: If the quantities are considered bv F &LS to be small enouf!h that there is no 32 Isif!nificant threat. This determination is made on a case-bv-case basis with consideration 33 given to protection, (i.e. sprinklers, storaf!e cabinets, etc.) and handlinf! procedures. 34 35 36 37 38 39 40 41 42 43 44 29 The Hazardous Materials Permit is issued by F&LS after a site inspection to verifv proper storage and handling. Permitted facilities require signage in accordance with NFP A 704. F&LS determines category numbers. size. number. & location(s) of signs. Permitted facilities ,also require a Knox Box for the placement of information for use by responding emergency Ipersonnel. The Fire Rescue Department may direct that the items specified above be revised or reinstalled at any time. The City shall bear no expense for initial or subsequent work required of a user under this section. IS:ICA 10rdinanceslChapter 9 Ordinance,doc Page 38 I i I i I II II 2 II " I 4 I ARTICLE VIII. HAZARDOUS MATERIALS AND TOXIC SUBSTANCES :; i 6 I Sec. 9-+1-121. Fire Department Hazardous Materials Permit. Sees. 9 66 9 70. Reser....ed. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 This purpose of this program is to identifv and control the more selious material hazards within the city. primarilv for the protection of responding emergencv persOlmeL but also to assure these danflerous substances are used and stored properlv to protect emplovees and the public. The authoritv for this permitting program is provided by the Florida Fire Prevemion Code, It is also authorized by City Ordinance Article III. Section 9-50. which requires the Fire & Life Safety Division to enforce all laws and ordinances concerning: the storage and use of explosives. flammable. and hazardous matelials. 'I The occupational license application (new or renewal) for a Business Tax ReceiPt requires the submission of all Material Safety Data Sheets (MSDS) that the business is required to I maintain in accordance with SARA Title III or OSHA requirements. I 23 In addition to requiring a Business Tax Receipt. an inspector may at any time he or she finds ,chemicals. hazardous materials. or toxic substances. MSDS mav be requested for revi ev,' to I determine if a Hazardous Materials Pemlit is required. IThe MSDS are reviewed bv the Fire & Life Safetv Division to deternline if any of the ImaterialS would qualifv as a "3" or "4" for any category of the NFP A 704 hazard identification system. If any are found to meet that criteria. a Hazardous Materials Penllit is Irequired. i IException: If the quantities are considered bv F &LS to be small enough that there is no ISignificant threat. This determination is made on a case-bv-case basis with consideration !given to protection, (i.e. sprinklers, storage cabinets. etc.) and handling procedures. The Hazardous Materials Permit is issued bv F&LS after a site inspection to verifv proper storage and handling. Penllitted facilities require signafle in accordance with NFP A 704, IF&LS determines categorv numbers. size. number. & location(s) of siQ:11s. Pemlitted facilities !also require a Knox Box for the placement of information for use by responding emergencv Ipersonnel. The Fire Rescue Department may direct that the items specified above be revised lor reinstalled at any time. The Citv shall bear no expense for initial or subsequent work Irequired of a user under this section. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .S:'oCA\Ordinances\Chapter 9 Ordinance,doc I J i I I J Page 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ' I 24 b. 25 26 c. 27 I 28 I d. 29 I 30 ! Ie. 31 32 33 34 35 Sec.9-U122. Disclosure and safety requirements. (1 ) Any person applying for site plan review, building permits, or an occupational license shall disclose on the application whether hazardous materiaL hazardous waste, or toxic substances will be used, stored, displayed, generated, or handled, and if so. MSDS must be filed with the Boynton Beach Fire Rescue Department. (2) Any person who, during the calendar year, for the first time becomes a user or handler of any hazardous material or toxic substance, must submit MSDS to the Bovnton Beach Fire Rescue Department within fifteen (15) davs of becoming a user or handler. (3) The City of Boynton Beach Fire Rescue Department may, upon written notice, require the submittal of MSDS of any user or handler. The user or handler shall submit MSDS within fifteen (15) days. (4) Any person required to submit MSDS pursuant to this Section shall file with the Boynton Beach Fire Rescue Department updated MSDS on an annual basis at the same time as any occupational license renewal or within fifteen (15) days of anv of the following: a. A change in business address. A change in business ownership. A change in business name. Cessation of business operations. The use or handling of a previouslv undisclosed hazardous material or toxic substance. f. A significant change in the use, handling, or manufacturing of a hazardous material or toxic substance for which disclosure has been previously made. 36 ( 5) 37 38 la. 39 40 I 41 42 b. 43 Upon request, all users must provide the following information: To the City of Boynton Beach Fire Rescue Department. any information detennined by the City of Boynton Beach Fire Rescue Department to be necessarv to protect the public health, safety, or the environment. To anv physician, where the physician determines that such information is necessary to the medical treatment of the patient and to the extent allowed by law. S:\CA \Ordinances\Chapter 9 Ordinance.doc Page 39 II I 2 (6) Exemptions From Disclosure. The following materials or persons are exempt from 3 disclosure requirements: 4 5 Hazardous materials or substances contained 111 food, drug. cosmetic. or tobacco products. a. 6 7 [ lb. Hazardous materials or toxic substances contained solelv in consumer products packaged for use by and distributed to the general public unless the product is repackaged or altered in any way; provided. however. the manufacture and distribution of these products are not exempt. However, pesticides, herbicides, and ammonium nitrate fertilizers over the required disclosure amounts are not exempt from disclosure. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 c. Anv person, while engaged in the transportation or storage of hazardous materials. within the provisions of Title 49 of the Code of Federal Regulations. Subchapter c. as exists or as hereafter amended or changed. d. Infectious vvaste generated by hospitals. medical centers, clinics, and other health care facilities. e, Record keeping: exemption from public disclosure. I i 24 ! 'I 25 I I I i I 28 ! I (7) Enforcement. The Fire Chief or designee is authorized and empowered to enforce the ! provisions of this Chapter. The enforcement mav include the inspection of hazardous I materials or toxic substances in use. storage. or disposal. review of hazardous materials I records, the sampling and testing of hazardous materials and other activities directlv related to I the enforcement of this section. No person shall obstruct or interfere with the Fire Chief or I designee in the performance ofthese duties I (8) Violations. In addition to the penalties and remedies provided in Section F.S. 252.66. Florida Statutes. any violations of the provisions of this section shall be punishable as provided for in Section 2-91 and 9-61 of the Citv of Bovnton Beach Code of Ordinances. ~~ , , Under the provisions of 252.88(3). Florida Statutes. any and all information, including but not limited to, site plans and specific location infonnation on hazardous materials or toxic substances furnished to the Fire Rescue Department pursuant to this section shall be confidential and exempt from the provisions of ~F.S. 119.07(1). Florida Statutes. 26 27 29 30 31 32 ~~ .).) 34 35 36 37 38 39 40 41 42 43 (a) Definitions. For the purpose of this section, the tenus listed below shall be detIned ,as follO\vs, provided howcver, rcferences to statutes or regulations in c)~iotcnce at the til110 this I I I S'CA,O'dmo,,~'Chop"' 9 O,dmo""d" ! I II , I II Page 40 ! I section is adopted shall also include references to such statutes or regulations as they may b amended from time to time: (1) Carcinogen: refers to a substance which causes cancer. For purposes of the section, carcinogens are those substances specified on the list developed by the Unitod Stat Department of Health and Human Services in its Annual Reports on Carcinogens. (2) CAS Number: the unique identification name as assigned by the Chemical /.bstracts Services to specific chemical substances. (3) Chemical nmne: the scientific designation of a substance in accordance 'Nith th International Union of Pure and Applied Chemistry of the system developed by the Chemic J\.bstracts Services. (4) Common name: a designation of identification such as code name, code numbe trade name or brand name used to identify a substance other than by its chemical name. (5) Disclosure form: the "Hazardous Material Information/Toxic Substance Permit Form" provided by the City of BO)Qlton Beach Fire Rescue Department. (6) Environmental RC'/iew: /Jl businesses v/hich v/ould be located 'Nithin the city shall state, as part of the occupational license application or reno',val, ',vhether the business 'Nould use, handle, store, or display hazardous materials or generate hazardous waste, as defined by 10 Code of Federal Regulations, Part 261, in ','/hich case the business shall requi a Hazardous Material Disclosure/Toxic Substance Permit. (7) Handle: to generate, treat, use, or dispose of a hazardous material or toxic I substance in any fashion. I (8) Handler: any person who handles a hazardous material or toxic substance. I (9) Hazardous Material: any substance or product for 'Nhich the manufacturer or producer is required to prepare a Material Safety Data Sheet (MSDS) for the substance or product pursuant to the Superfund Amendments and Reauthorization Act (S"'\.Rf.) Title III, October, 1986 and/or Chapter 252, 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 ! I Florida Statutes, the Flonda Hazardous ~.1atenals Emergency Responoe and Commumty 31 /Right To KilO'll Act, July, 1988, provided that a substance may additionally be deemed a 32 hazardous material or hazardous waste upon a finding by the Fire Chief that the substance, 33 34 c es e al r, re 35 36 because of its quantity, concentration or physical or chemical characteristics, poses a si.;nificant potential hazard to human health and safety or to the environment if released into the community. Should the Fire Chief at any time determine that otherwise exempted materials should be subject to disclosure, the Fire Chief may require the submission of a disclosure form. (10) Hazardous ':laste: any material that is identified in the Code ofPederal Regulations, Title 40, Sections 261.31 261.33. (11 ) Health official: the Health Officer v;ith authority in the City of BO)l1ton Beach, Florida. (12) MSDS: a Material Safety Data Sheet prepared pursuant to regulations indicated in parat,'Taph (8) above. S:ICAIOrdinanceslChapter 9 Ordinance.doc Page 41 37 38 39 40 41 42 43 II II I, I! , , i i I (13) Person: an individual, trust, fiml, joint stock company, corporation, partnership. I . .' 'I or assoclUtlOn. , (14) Physician: any person reco;nized as a physician under FIOlida law. I (15) SIC Code: :he identification number assigned by the Standard Industrial Classification Code to specific types of businesses. (16) Recoyery: as defined in Palm Beach County Regional Hazardous Materials 7 , Response Plan. I 8 I, i (17) Storage or storing the containment of substances or materials in sach a manner 9 I I as not to constitute disposal of such substances or materials. 10 !! (18) L: so: includes the handlin;, processing, or stora;e of a hazardous 11 material or toxic substance. 12 2 3 4 5 6 13 (19) User: any person who uses or handles a hazardous substance, hazardous '.\'aste, 14 II or toxic substance. 15 Ii (20) Toxic substance: Any substance listed in the Florida Substance List, as set forth R'..lle 4A 62.004, Florida ;\dministrati'le Code. 18 1,'11 19 (b) Filin; of a Hazardous Matelial Disclosure! Toxic Substance Pemlit Foml. 20 i I l' +: '1 't.. 'l...l" . 1 21 I (1) /\.11Y person app(,m; lor SIte plan reVIew, uUl umg pefl11l:s, or an occupatlOna 22 ,I license shall ~isclose on the a~pl~~ation whether ha~ardous m,aterial, h.azardo~~ waste, or toxic 23 i i substances wIll 0e-useB,stereti, Olspbyed, ;enemtea,or handled, and If so, a Glsclosure pe1111lt 24 'I 'I form must be completed and filed ','lith the Boynton Beach Fire Rescue Department. 25 26 II (2) ,^...ny person '.vho uses, stores, displays, or handles a hazardous mateIial or toxic 27 II substance must on an annual basis, submit a completed disclosure pemlit foml to the BO)l1ton 28 i iBeach Fire Rescuo Departmcnt. Inspection fees shall be the amount(s) as pro','ided in chapter 29 1113 of this code. 30 Ii , I (3) "'\.ny person '.'{ho, d~rin; the .calendar year, for the fir~: time becomes. a user or 32 Ihandler of any hazardous materIal or to)~IC substance, must submIt a completed dIsclosure Ipemlit form to the BOynton Beach Fire Rescue Department within fifteen (15) days of Ibecoming a user or handler. Thereafter, any such user or handler shall comply \\'ith the Iprovisions of Subsection (b)(1) above. I I (4) The City of BO)11ton Beach Fire Rescue Depmiment may, upon written notice, !reqUire the submittal of a disclosure pemlit foml of any user or handler. The user or handler Ishall submit a completed disclosure pemlit form within fifteen (15) days. 16 17 31 ~~ .);) 34 35 36 ~..., -"" / 38 39 40 41 42 43 (5) ,^.ny person required to submit a disclosure pemlit form pursuant :0 this Section 'Ishall file Veith the Bo)mton Beach Fire Rescue Department an updated disclosure permit form on an annual basis at the samo time as any occupational license renewal or within fifteen (15) IS:\CA\OrdinanCeS\ChaPtcr 9 Ordinancc.doc Page 42 1 days of any of the following: 2 3 a. }. change in business address. 4 5 b. "\ change in business o"vnership. 6 7 c. }. change in business name. 8 9 d. Cessation of business operations. 10 11 e. The use or handling of a previously undisclosed hazardous material or toxic 12 substance. 13 14 f. A, significant change in the use, handling, or manufacturing of a hazardous 15 material or toxic substance for 'Nhich disclosure has been previously made. 16 17 .;. The hazardous chamcteristics of every hazardous material or toxic substance 18 disclosed, including, but not limited to, toxicity, flammability, reactivity, and corrosivity as 19 may be required by the Fire Rescue Department. 20 21 (6) Upon request, all users must provide the follo'vving information: 22 23 I a. To the Fire Rescue Depmtment, any information detem1ined by the Department to be necessary to protect the public health, safety, or the envirollil1ent. 24 25 26 b. To any physician, where the physician detem1ines that such infoffi1ation is 27 Ii necessary to the medical treatment of his or her patient and to the extent allowed by 1m\'. 28 II 29 I . (c) Exemptions From Disclosure. The following materials or persons are exempt from 30 I, disclosure requirements: 31 32 33 34 35 36 37 38 39 40 41 42 43 (1) Hazardous materials or substances contained in food, drug, cosmetic, or tobacco products. (2) Hazardous materials or toxic substances contained solely in consumer products packaged for use by and distributed to the general public unless the product is repackaged or altered in any 'Nay; provided, however, the manufacture and distribution of these products are not exempt. Hov;ever, pesticides, herbicides, and ammonium nitrate feltilizers oyer the required disclosure amounts are not exempt from disclosure. (3) "\ny person, v/hile engaged in the transportation or storage of hazardous materials, v;ithin the provisions of Title 19 of the Code of Federal Regulations, Subchapter c, as exists or as hereafter amended or changed. S:\CA \Ordinances\Chapter 9 Ordinance,doc Page 43 II II II I I 2 (4) Infectious "yaste generated by hospitals, medical centers, clinics, and other health 3 cure facilities. 4 5 (d) Identification of .^.reas; keyed lock box: identification placards. 6 7 (1) \Vhen required by the Fire Rescue Department, any person submit~ing a disclosure pem1it fom} may be required to install an approved keyed lock bQ)~ to store safety data sheets, floor plans, site plans, and building access keys for authorized use in the case of an emergency. If required by thc Fire Rescue Department, the apprO','ed keyed lock box must be installed v,'ithinninety (90) days of receipt of a 'Nritten notice from the Fire Rescue Department. The specifications and location of the required keyed lock box shall be as designated by the Fire Rescue Department. The National Fire Protection .^.ssociation (l'ITPA) Standard 701m, Standard System for Identification of the Fire Hazards of Materials, shall be incorporated v;ith the application of the keyed lock box to pro';ide exterior 'Naming s:TI1bols for emergency responders. Hazardous materials identification placard(s) shal1 be instal1ed in accordance 'Nith l'WP.^. Standard 704. 8 9 10 11 12 13 14 15 16 17 ] 8 I ] 9 i (') The Fire Rescue Department may direct that the items specified above be re":sed 20 II or reinstal1ed at any time. The City shal1 bear no expense for initial or subsequent v;ork 21 II required of a user under this section. 22 II 23 I i ( e) Record keeping; exemption from public disclosure. II 24 i i 25 i I (1) Upon receipt of a disclosure permit form, the Fire Rescue Department shall 26 I maintain files of all disclosure permit forms received. I' ~~ !! (2) ender the pro\'isions 0['")52.88(3), Florida Statutes, any and al1 informa~ion. 29 II including but not limited to, site plans and specific location infom1ation on hazardous 30 i! materials or toxic substanccs fumished to the Fire Rescue Department pursuant to this section 31 II shall be confidential and exempt from the pro';isions of S 119.07( 1), Florida Statates. ;~ II (D Enforcement. The fire Chief or designee is anthoriz,od and empowCfed to enforce the 34 II proyisions of this Chapter. The enforcement may include the ir~spection of hazardous 35 II materials or toxic substances in use, storage, or disposal, review of hazardous materials 36 II records, the sampling and testing of hazardous materials and other acti','ities directly related to 37 I thc enforcement of this section. No person shal1 obstruct or interfere with the Fire Chief or 38 I designce in the perfonnance of these duties. 39 ! 40 I 41 42 I (g) Violations. In addition to the penalties and remedies proyidcd in Sec~ion ")52.66. I Florida Statutes, any violations of the provisions ofthis section shall be punishable as provided for in Section"" 91 and 9 61 of tho City of Boynton Beach Code of Ordinances. I 'S:ICAIOrdinances'Chapter 9 Ordinancc,doc I I 43 Page 44 'I I' 1 2 Section 3. Should any section or provision of this ordinance or portion hereof, any 3 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 4 such decision shall not affect the remainder of this ordinance. 5 6 7 8 9 10 11 12 13 14 15 I 16 I 17 18 19 20 21 22 23 24 I 25 26 /!ATTEST: 27 II 28 I 29 Janet Prainito, City Clerk 30 31 (CORPORATE SEAL) 32 Section 4. Authority is hereby granted to codify said ordinance. Section 5. This ordinance shall become effective immediately upon passage. FIRST READING this _ day of ,2007. SECOND, FINAL READING AND PASSAGE this .2007. day of CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:ICA 10rdinanceslChapter 9 Ordinance,doc Page 45 !:\",\,y OJ>- ",.- ;,;' ... ..' '\ ,'_ l ~ .' . .~ ill. .......... ,I:r o . .. ... '(; J.. .. / .~. . _/~. "1'01\1 '" XII. - LEGAL - 1st Reading ITEM C.1 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 Citv Clerk's Office Meeting Dates in to Citv Clerk's Office D April 17,2007 April 2, 2007 (Noon,) ~ June 19,2007 June 4, 2007 (Noon) D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16, 2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal D Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 :c ~tp~ENDATION: Motion to amend the Land Development Regulations (LDR), Chapter 5, PLATTING, to clarify the r~oo-emeuts to re-plat any previously platted property due to any reconfiguration of the property or the combining of p!pliertieh'o create a new development. -8 ~ ,-~. < ~~-LANATION: Some developer's have taken the position that the City's LDR, Chapter 5, Platting, lacks any authority to ~fure a~previously platted property to be re-platted due to any reconfiguration of the property proposed for development. <d.~:staf&has opposed this statement. Re-platting of a proposed development (even if the development is a condominium) Wftb-a botiidary plat allows staff to insure that any and all related Conditions of Approval (COA) attached to the ~~opgnt Order (DO) issued by the City Commission are complied with or incorporated into the plat document be created {Qr <nie new development. PROGRAM IMPACT: None FISCAL IMP ACT: None AL TERNA TIVES: Continue with the fragmented platting regulations as they relate to re-platting. l / 11"f. /{ " ",. t::- /<_~~ 4 /. / I . , ! - toO \.... .... jt4'.... to, i Department He~d's Signature ~~~., J~ ,)A" l City Manager's Signature Assistant to City Manager ~ // { Public Works / Engineering Division Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 26 27 28 1 2 ORDINANCE NO. 07 - "I .) 4 AN ORDINANCE OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 6 CHAPTER 5, PLATTING, AS CONTAINED IN THE 7 LAND DEVELOPMENT REGULATIONS, PROVIDING 8 FOR DEFINITIONS; PROVIDING FOR 9 CLARIFICATION OF THE APPLICABILITY AND 10 DELINEATION OF THOSE DEVELOPMENTS THAT 11 REQUIRE PLATTING IN LAND DEVELOPMENT; 12 PROVIDING FOR CONFLICTS, SEVERABILITY, 13 CODIFICATION AND AN EFFECTIVE DATE. 14 15 16 WHEREAS, the City's standards sequence for development construction has been the 17 approval of conceptual site plans by the City Commission including the issuance of a 18 Development Order, the generation of the new record plat and approval of same by the City 19 Commission, the issuance of a Land Development Permit (LDP) after recordation of the 20 ' record plat, and the issuance of various construction pemlits thereafter; and 21 WHEREAS, some developer's have taken the position that the City's Land 22 Development Regulations ("LDR"), Chapter 5, "Platting", lacks any authority to require any )" __1 previously platted property to be replatted due to any reconfiguration of the property, as a 24 condition for issuance of a building permit; and 25 WHEREAS, the City Commission finds that Chapter 5, "Platting", of the LDR needs to be clarified and defined clearly as to the platting requirements that affect all new development projects. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY 29 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing Whereas clauses are true and correct and incOlvorated 31 herein by this reference, S\CA .Ordinanccs,LDR Changes Amend Ch S Platt1l1g OS] 707 .doc , I Section 2. Chapter 5, "Platting", of the City's Land Development Regulations are 2 I hereby amended as follows: 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 37 38 39 40 41 42 43 ARTICLE I. IN GENERAL Sec. 1. Purpose. The purpose of this chapter is to provide a procedure for preparing plat documents consistent with development regulations of the City of Boynton Beach and to create documentation of physical characteristics of land proposed for development within the city. Sec. 2. Record plat required. All developments or re-developments shall require a plat prepared by a registered land surveyor and mapper in compliance with this Chapter and the requirements of all provisions of Chapter 177 , Florida Statutes. In general, there are two (2) basic types of required plats. A "Boundary Plat" is generally used when combining multiple parcels of land, tracts or lots into a single parcel for development purposes. Proiect types would include rental apartments, public facilities, shopping centers, condominiums and industrial developments where "unity of title" ownership is required. A "Record Plat" is generally used when combining or subdividing lands for individual ownership. Proiect types would include single-family subdivisions, townhome developments, retail centers, or office-warehouse and similar developments where lots. parcels or tracts are created for sale purposes to individual ownership. Other types of plat documents may be applicable to a new development. The city engmeer shall reVIew those cases to determine which platting process IS appropriate. However, a new boundary survey for any replat is required when the replat affects any boundary of the previously platted property or when improvements which may affect the boundary of the previously platted property have been made on the lands to be replatted. All plats shall show ingress-egress locations/easements, landscape easements, limited access easements, storm drainage easements, utility easements, etc, and all other applicable conditions of approval (COA) attached to the Development Order (DO) that were issued by the City Commission upon master plan or site plan approval. Sec. 3. Plattinl! before permittinl!. No person, firm, partnership, corporation or any other association shall combine lots, tracts or parcels of land for development purposes, or to subdivide a tract of land anywhere in the incorporated area of the City of Boynton Beach except in conformity with this chapter. No development or subdivision shall be platted or recorded nor shall any building permit be issued (except land clearing tyPe permits) unless such subdivision or development meets all the provisions of this chapter and those of any applicable Laws of the State of Florida, and has S:\CA\Ordmances\LDR Changes\Amend Ch 5 Platting 051707,doc 2 1 been approved in accordance with the requirements as herein set forth, unless a waiver or 2 substitution has been granted according to Article II of this chapter, '" J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 * * * ARTICLE III. ADMINISTRATION Sec. L Administrative Officer. For the purpose of coordinating, enforcing and administering this chapter, the city engineer shall be deemed administrative officer. Information, advice or recommendations shall be rendered only by the city enginccr administrative officer, or his or her designee, following consultation with the planning and zoning director. Sec. 2. Definitions. Terms in this chapter shall have the following definitions, if not previously accepted pursuant to the Unabridged Dictionary of the English Language. Supplemental definitions for specific technical terms should be defined at the reference location at which they first appear in this chapter. If a conflict exists in terms of the supplemental definitions with these definitions, the specific definition for the specific applicable condition shall apply. 24 " AbuttinJ! propertv means lying immediately adjacent to and sharing a common propertv line with other propertv. 25 26 27 28 29 30 . Access means a way to enter or exit a facilitv or property. Access, leJ!al means the principal means of access from a lot (or property) to a public street or to a private street over which a perpetual ingress and egress easement or right-of-wav has been granted to the owners of any lot services by such street. 31 "'J J_ 33 Acre means land or water consisting of forty-three thousand five hundred sixtv (43.560) 34 square feet, and is not intended to be used for principal traffic circulation. 35 36 Allev means a right-of-way providing a secondary means of access and service to abutting 37 property. 38 39 Benchmark means a relativelv permanent material object, natural or artificial. bearing a 40 marked point whose elevation above or below an adopted datum plane is known. 41 42 Block includes Tier or Group and means a group of lots existing within well-defined and 43 fixed boundaries, usually being an area surrounded by streets, parks or other phvsical barriers 44 and public space, having an assigned number, letter, or other name through which it may be 45 identified. 46 I I i s:\c A\Ordinances\LDR Changes,Alllend eh 5 Platting 05] 7m.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 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Board means any board appointed by the City Commission, such as the Planning and Zoning Board. Citv means the City of Boynton Beach, a municipality established in the County of Palm Beach, State of Florida, a municipal corporation under the name of City of Boynton Beach pursuant to the laws of Florida, 1947, Chapter 24398, Section 5. Citv Emdneer means a Florida licensed professional engineer in charge of the City of Boynton Beach, Department of Public Works/Engineering Division, and who acts as the administrative officer for the purpose of implementing the City's platting requirements. Citv Survevor and Mapper means a Florida licensed professional surveyor and mapper, under contract or employment with the City of Boynton Beach, Florida in accordance with s. 177.081 (1) Fla. Stat., as amended from time to time. Governinf! bodv means the City Commission of the City of Boynton Beach. Cul-de-sac means a street terminated at the end by a vehicular tum-a-round. Developer means the owners of record executing the dedication required by s. 177.081, Fla. Stat., and applying for approval of a plat of a subdivision pursuant to this Chapter. Development means a single use or combination of uses, proposed or approved, that may include but not limited to, a single-family subdivision, townhomes, rental apartments, condominiums, public facilities, commercial buildings, shopping centers, condominiums or industrial proi ects, possibility of similar design, constructed as a unified community. Development shall also include the meaning given it in s. 380.04 Fla. Stat., pursuant to a development order or permit. Easement means any strip of land created by a subdivider for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subiect to the right of use designated in the reservation of the servitude. Ef!ress means exit. Enf!ineer (P.E.) means a person registered as a professional engineer in the State of Florida, in accordance with Chapter 471, Fla. Stat., who is good standing with the Florida Board of Professional Engineers. Government means any direct agency of any federal, state, county or city government including schools and the U. S. Postal Service. Improvements may include, but not limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewer, storm sewers or drains, S:\CA\Ordinances\LDR Changes\Amend Ch 5 Platting 051707.doc 4 1 street names, signs, landscaping, permanent reference monuments (PRMs), pennanent control 2 points (PCPs), monuments, or any other improvement required by the Citv. "l ,) 4 InJ!ress means entry. 5 6 Land Development ReJ!ulations (LDR) means ordinances of the City that govern any aspect 7 of development, redevelopment and improvement of lands lying in the jurisdiction of the City 8 and include but not limited to zoning. subdivision, health, environmental, landscaping. 9 parking or sign regulations. These regulations are amended from time to time as deemed 10 necessary by the City. 11 12 LeJ!al Access means a dedicated and recorded right-of-way, or easement, excluding utilitv or 13 drainage easements. affording perpetual ingress and egress from a subiect property to a public 14 thoroughfare. 15 16 LeJ!al Entitv means an entity that holds a certificate of authorization issued under Chapter 17 472. Fla. Stat., whether the entity IS a corporation. partnership, association, or person 18 practicing under a factitious name. 19 20 Lot includes Tract or Parcel and means the least fractional part of subdivided lands having 21 limited fixed boundaries. and an assigned number, letter or other name through which it may 22 be identified. 23 24 I' 1~'fonUl1iel"lt is all artifIcial or natural obiect that is permanent or semi-permanent.. and used or presumed to occupy any real property comer, point on a boundary line, or reference point. A survey marker must: (1) Be composed of a durable material; (2) Have a minimum length of , 18 inches; (3) Have a minimum cross-section area of material of 0.2 square inches; (4 )Be identified with a durable marker or cap bearing either the Florida registration number of the professional survevor and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable: (5) Be I I detectable with conventional instruments for locating ferrous or magnetic obiects. If the [location of the monument falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is durable and identifiable. IMunicipalitv means the City of Bovnton Beach, Florida. I 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 PCP means "permanent control point" and shall be considered a reference monument. ,PCPs set in impervious surfaces must: (1) be composed of a metal marker with a point of ireference. (2) Have a metal cap or disk bearing either the Florida registration number of the Iprofessional survey and mapper in responsible charge of the certificate of authorization of the Ilegal entitv, which number shall be preceded by LS or LB as applicable and the letter "P.c.P." Ipcps set in pervious surfaces must: (1) Consist of a metal rod having a minimum length of 118 inches and a minimum cross-section area of material of 0.2 square inches. In certain ,materials, encasement in concrete is optional for stability of the rod. When used. the concrete I J i IS:\CA\Ordlnanccs\LDR Changcs.Amcnd Ch 5 Planing 051707 doc I 5 I I 40 41 42 43 44 45 46 , , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 shall have a minimum cross-section area of 12.25 square inches and be a minimum of 24 inches long. (2) Be identified with a durable marker or cap with the point of reference marked thereon bearing either the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable and the letters "P.c.P." PCPs must be detectable with conventional instruments for locating ferrous or magnetic obiects. Planned Commercial Development (PCD) means land under unified control, uniformly zoned, planned, approved and developed as a single development operation or as a programmed series of phased development operations for commercial buildings and related uses and facilities in accordance with an approved master plan. Planned Industrial Development (PID) means land under unified control, uniformly zoned, planned, approved and development as a single development operation or a programmed series of phased development operations for industrial buildings and related uses and facilities in accordance with an approved master plan. Planned Unit Development (PUD) means land under unified control, uniformly zoned, planned, approved and development as a single development operation or a programmed series of phased development operations for dwelling units and accessory uses and facilities. Plat means a map or delineated representation of the combining of or subdivision of lands, being a complete, exact representation of the subdivision and other information in compliance with all requirements of all applicable provisions of Chapter 177, Fla. Stat., and may include the terms "record plat", "replat", amended plat", or "revised plat". Plat, boundarv means a map or delineated representation for recordation of the combination of multiple pieces, tracts or lots into a single parcel for development purposes prepared, approved, and recorded in accordance with the requirements and procedures for a plat pursuant to Chapter 177, Fla. Stat. Plat, final means a finished plat including all signatures required for recordation except those signifying approval by the City. Plat. preliminarv means a copy of the plat in sufficient form to readily compare the plat with the development plan, subdivision plan and the construction plans. Plat of record means a plat which conforms to the requirements of the applicable state laws, and Chapter 5 (Platting) of the City's Land Development Regulations, and recorded in the Public Records of Palm Beach County. Florida. PRM means a permanent reference monument which must: (1) Consist of a metal rod having a minimum length of 18 inches and a minimum cross-section area of material of 0.2 square inches. In certain materials, encasement in concrete is optional for stability of the rod. When S:\CA\Ordinances\LDR Changes\Amend Ch 5 Platting OS1707,doc 6 "'lA .;:."t 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1 2 3 4 used, the concrete shall have a minimum cross-section of 12.25 square inches and a minimum of 24 inches long. (2) Be identified with a durable marker or cap with the point of reference marked thereon bearing either the Florida registration number of the professional survev and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable and the letters "P .R.M." (3) Be detectable with conventional instruments for locating ferrous or magnetic objects, If the location of the "P.R.M." falls in a hard surface such as asphalt or concrete. altemate monumentation may be used that is durable and identifiable. 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 Professional Survevor and Mapper (P.S.M.) means a surveyor and mapper registered under Chapter 472, Fla. Stat., who is in good standing with the Board of Professional Survevors and Mappers. Propertv owners' association (POA) means an organization under the laws of the State, operated under recorded maintenance and ownership agreements through which each owner of a portion of a development or subdivision, be it a lot, home, property or any other interest, is automatically a voting member, and each such member is automatically subiect to a charge for a prorated share of expenses, either direct or indirect, for maintaining common properties within the development or subdivision, such as roads, parks, recreational areas, common areas, and other similar properties. Within the text of this Chapter (Platting), a property owners' association is considered to be a single entity for property ownership. As used in this chapter, the term "property owners association" shall also be deemed to include a homeowners association, condominium association or cooperative (apartment) association, as 24 ' defined in Chapter 711, Fla. Stat., as amended, having a life tenure of not less than twenty (20) years; as well as a third party having an agreement with a condominium or cooperative association as permitted by Chapter 711. Fla. Stat., as amended. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 " Public aJ!encv means any government or govemmental agency, board, commission. authoritv I or public body of Palm Beach County, the State of Florida, or of the United States govemment, or any legally constituted govemmental subdivision or special district. I Public utilitv includes any public or private utility, such as, but not limited to, stoml drainage, sanitary sewers, electric power, water service, gas service, or telephone line, whether underground or overhead. Reference point means any defined position that is or can be established in relation to another defined position. RiJ!ht-of-Wav means land dedicated, deeded, used or to be used for a street, alley, walkwav, boulevard, drainage facility, access for ingress and egress, or other purpose by the public, certain designated individuals, or goveming bodies. I Street includes anv access way such as a street, road. lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets. whether improved or unimproved, but shall not include those access wavs such as easements and II , I S:lCA\Ordinances\LOR Changes\.A.l11end Ch 5 Plalllllg 051707 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 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 rights-of-way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers, and easements for ingress and egress. Subdivision means land divided into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new streets and alleys, additions, and re-subdivisions: and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided. State vlane coordinates means the system of plan coordinates which has been established by the National Ocean Service for defining and stating the positions or locations of points on the surface of the earth within the state and shall hereinafter be known and designed as the "Florida State Plane Coordinate System". For the purpose of the use of this system, the zones established by the National Ocean Service in NOAA Manual NOS NGS 5, State Plane Coordinate System of 1983, shall be used and the appropriate proiection and zone designation shall be indicated and included in any description using the Florid State Plane Coordinate System. Survev is the orderly process of determining facts of size, shape, identity, geodetic location, or legal location by viewing and applying direct measurement of features on or near the earth's surface using field or image methods: further defined as follows according to the type of data obtained, the methods and instruments used, and the purpose(s) to be served: (a) As-Built Survev: a survey performed to obtain horizontal or vertical dimensional data so that constructed improvements may be located and delineated: also known as a Record Survey. (b) Boundarv Survev: a survey, the primary purpose of which is to document the perimeters, or anyone of them, of a parcel or tract of land by establishing or re- establishing comers, monuments, and boundary lines for the purpose of describing the parcel, locating fixed improvements on the parcel, dividing the parcel, or platting. (c) Condominium Survev: a survey performed pursuant to Chapter 718, Fla. Stat.; includes a Boundary Survey. @ Construction Lavout Survev: the measurements made, prior to or while construction is in progress, to control elevation, configuration, and horizontal position and dimensions. (e) Control Survev: a survey which provides horizontal or vertical position data for the support or control of subordinate surveys or for mapping. (D HvdroJ!ravhic Survev: a survey having as its principal purpose the determination of data relating to bodies of water, and which may consist of the determination of one or several of the following classes of data: depth of water and configuration of bottom: S:\CA\Ordinances\LDR Changes',^mend Ch 5 Platting 05l707,doc 8 directions and force of current; heights and time of water stages; and location of fixed obiects for survey and navigation purposes. 1 2 ! (g) " -) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ I. L't Mean Hi!!h Water Line Survev; a survey to document the mean high water line as defined in Part II, Chapter 177, Fla. Stat. (h) Quantity Survev; a survey to obtain measurements of quantity. (i) Record Survev; a survey performed to obtain horizontal and vertical dimensional data so that constructed improvements may be located or delineated; also known as an As- Built Survey. (i) Specific or Special Purpose Survev; a survey performed for a purpose other than the purposes detailed in (a) - (i) above, or (l) below. (k) Topo!!raphic Survev; a survey of selected natural and artificial features of a part 0 f the earth's surface to determine horizontal and vertical spatial relations. (l) Descriptions written by a surveyor and mapper to describe land boundaries bv metes and bounds shall provide definitive identification of boundary lines. A sketch shall accompany the property description showing all information referenced in the description and shall state that such sketch is not survey. The initial point in the description shall be tied to either a government comer, a recorded comer. or some other well-established survey point. 25 26 27 28 29 30 31 Survev Data means all information shown on the face of a plat that would delineate the ,physical houndaries of the unified property or the subdivision and any parts thereof. Survev Data includes, but not limited to: II(a) Point of Curvature, written "P.c.," means the point where a tangent circular curve begins. "; .)~ 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (b) Point of Tan!!encv, written "P.T.," means the point where a tangent curve ends and becomes tangent. Jc) I Ii II II IIICd) Point of Reverse Curvature, written "P.RC.," means the point where two circular I curves have a common point of tangency, the curves lying on opposite side of the I common tangent. I Unitv "Oitle means a document rccorded in the Office of the Clerk of the Circuit COUl" of Palm Beach County, stipulating that lots or parcel(s) of land shall be held under signal Point of Compound Curvature, written "P.c.c.," means the point where two circular curves have a common point of tangency, the curves lying on the same side of the common tangent. Is :\CA\Ord1l1ances\LDR Changes'Amcnd Ch 5 Plattmg 05] 707 doc J 9 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 37 38 39 40 41 42 43 44 45 46 , , r' ownership, shall not be eligible for further subdivision and shall not be transferred, conveyed, sold or divided in any unit other than in its entirety. Utilitv means a governmental or franchised provider of water, sewer, electric, gas, telephone, telegraph, cable television or similar service. Zoninf! Code means that portion or section of the Land Development Regulations that establishes or regulates, including but not limited to, permitted or conditional uses, minimum lot standards and site regulations, building heights, accessory uses and structures, and non- conforming lots and uses. * * * ARTICLE V. PLAT PREPARATION AND APPROVAL Sec. 1. Preparation of final plat. To obtain approval of a subdi'.'ision development in the City of Boynton Beach, the developer shall submit both an preliminary and a final plat to the city engineer, shall notify the planning and zoning director, and shall post surety as outlined in Section 2, paragraph A2, and Chapter 7, Article + J., Section 3, made payable to the City of Boynton Beach, together with any restoration surety, as outlined in this Article, Section 2, paragraph A3, prior to placing final plat approval on a City Commission agenda. The preliminary plat shall meet requirements of the final plat, except that is shall be submitted without the required signatures and seals. It may also be submitted without maintenance and use covenants, condominium documents, deeds, or other legal documents not related to the surveyor engineering design of the project. No improvements, including streets, drainage and the like, shall be accepted and maintained by the city unless and until the final plat has been approved by a professional surveyor and mapper, and the city engineer, as well as the City Commission; duly recorded; and all required improvements are completed, both public and private. * * * Sec. 1.D.1. INDEX. When more than a single sheet must be used to accurately portray the lands being developed or subdivided, the first sheet shall contain an index plus a map showing the entire subdivision development delineating the number of the sheet where each portion is shown. East sheet must show the particular number of that sheet, the total number of sheets included and clearly labeled matchlines to show where other sheets match or adjoin. Sec. l.D.2. NAME OF SUBDIVISION DEVELOPMENT. The plat shall have title or name acceptable to the city. When the plat is a new subdivision development, the name of the subdivision development shall not duplicate nor be phonetically similar to the name of any existing development subdivision. When the plat is an addition to a recorded subdivision, it shall carry the same name as the existing subdivision. S :\CA \Ordinances\LDR ChangeslAmend Ch 5 Platting 051707 ,doc 10 39 40 41 42 43 44 45 I 46 I II II i I II S:'CkOrdmances',LDR Changcs\Amcnd eh 5 Platting 051707.doc 11 J I 2 * * * '" .:l 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Sec. I.DA. TITLE. The plat shall have a title printed in bold legible letters containing the name of the subdivision development; the name of the city, county and state; the section, township and range as applicable and if the plat is a replat, amendment or addition to an existing development or subdivision, it shall include the words "section, unit. replat, amendment, etc." * * * Sec. I.D.6.a. Dedications. The purpose of all reserved areas shown on the plat shall be defined in the dedication. All areas reserved for use by the residents of the subdi,,'ision development shall be so dedicated. All areas reserved for public use, such as parks, rights-of- way for roads, streets or alleys, shall be so dedicated; easements for utilities, rights-of-way and easements for drainage purposes and any other area, however designated, shall be dedicated by the owner of the land at the time the plat is recorded. When the owner is a corporation, the dedication shall be signed on behalf of the corporation by the president or vice-president and the secretary or assistant secretary, respectively, as set forth in Sec. I.D.6.b. * * * ')'" _.:l Sec. 1.D.6.c. Certification of surveyor and mapper. The plat shall contain the 24 I I signature, registration nU111ber and official seal of the surveyor and mapper certifying that the 25 plat complies with Chapter 177, Florida Statutes, as amended and this ordinance. When plats 26 are recorded and improvements are to be accomplished under surety posted as provided for by 27 this ordinance, the required improvements and surety shall include P.c.P, '5. ;~ III' * * * - 30 31 II Sec. I.D,7.i. The initial point in the description shall be accurately tied to the nearest 32 II quartersection comer or government comer. Each government comer being used shall be 33 identified. If the subdivision development being platted is a re-subdivision of a previously 34 recorded subdivision, then a tie to a Pennanent Reference Monument from the parent plat is 35 sufficient. If the subdivision development is a re-subdivision of a part of a previously 36 recorded subdivision, sufficient ties to controlling lines appearing on the parent plat must be 37 provided to permit an overlay. The position and orientation of the plat shall confornl to the I Florida State Plan~ Coordinate System in the manner established by the City Engineer and prescribed in the Engineering Division's Design handbook and associated fornls. 38 * * * Sec. l.D.7.m. The plat boundary and all parcels shown on the development or subdivision plats intended to be conveyed in fee title shall be delineated by solid lines. * * * 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 37 38 39 40 41 42 43 Sec.1.D.7.p.(b) Where data is tabulated, a minimum of the delta angle, radius and arc length and the curve designation number or letter will be shown on the site plat. * * * Sec. I.D.10. EASEMENTS. The plat shall contain a statement that no buildings or structures shall be placed within easements. Easements for proper drainage shall be provided where necessary at a width adequate to accommodate the drainage facilities. A minimum width of twelve (12) feet shall be provided for underground storm drainage installations. Where canals or ditches are permitted, the width shall be adequate to accommodate drainage facilities plus twenty (20) feet on one side to permit equipment to enter for maintenance purposes. Easements for supporting utility systems shall also be provided where necessary at a width adequate to accommodate their depths. A minimum width of twelve (12) feet shall be provided for these systems. Where sanitary sewer systems are greater than five (5) feet in depth, the minimum utility easement width shall be twice the greatest depth point on any link segment plus two (2) feet in order to access the system during any servicing required task. * * * Sec.1.D.13. PLANNED DEVELOPMENTS. All plats for planned developments shall be identified as to the type of development being platted. For example, aAll planned unit developments shall contain "P.U.D." within the tile title; ~All planned commercial developments shall contain "P.C.D." within the title; all planned industrial developments shall contain "P.I.D." within the title; or any combination thereof shall be identified within the title of the plat. * * * Sec. 2.A.2. Surety guaranteeing that all work required that will not be constructed, owned and maintained in perpetuity by the developer and his successor and/or assigns will be completed in full accordance with the plat and approved construction plans; with all development conditions attached thereto; and with the Boynton Beach Land Development Regulations, provided that no surety is required for sewage collection and transmissions systems, water distribution systems and transmissions systems which will be conveyed to the city upon completion of their construction. Surety shall be in substantially the form and amount delineated in Chapter 7; and [Editor's Note: This sub-section is currently being upgraded in regards to surety upgrade via a preceding ordinance.] S:\CA\Ordinances\LDR Changes\Amend Ch 5 Platting 051707,doc 12 10 Section 3. Each and every other provision of said chapters, not herein speciticall) 2 amended shall remain in full force and effect as previously enacted. " ,) Section 4. All ordinances or parts of ordinances in conflict herewith be and the 4 same are hereby repealed. 5 Section 5. Should any section or provision of this Ordinance or portion hereof~ an 6 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 7 such decision shall not affect the remainder of this Ordinance. 8 Section 6. Authority is hereby granted to codify this said Ordinance. 9 Section 7. The Ordinance shall become effective immediately after passage. FIRST READING this _ day of ,2007. 11 SECOND, FINAL READING AND PASSAGE this _ day of 12 2007. 13 14 15 16 I' 17 I 18 19 II 20 21 22 23 24 25 26 27 28 29 30 CITY OF BOYNTON BEACH. FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray 'I /IATTEST: Commissioner -- Carl McKoy 31 32 Janet Prainito, City Clerk 33 34 (CORPORATE SEAL) S:\CA\Ordinallces\LDR Changes'.Amend Ch 5 Platting 051707.doc 13 ~\-<;,YO"" (.c'... ..\ \ 111 .. ..... };r; o . /0 >~ j~~ 'V1'ON i> XII. - LEGAL - 1st Reading ITEM C.2 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Foml Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon,) ~ June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18, 2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) Code Compliance & Legal Settlements Public Hearing o o ~ o o City Manager's Report New Business NATURE OF AGENDA ITEM :I: Ul.J.J 0 <tU 0 w- COl..t.... u..., 0"1 :;:: c, REbt>MUNDATION: Motion to amend the Land Development Regulations (LDR), Chapter 6, REQUIRED I~E,PVEMENTS, to clarify the requirements applicable to development/re-development projects other than standard , k-,E . , If') S~:VISlO{i&J 1- (.- '>- EXPLANHION: Some developer's have taken the position that the City's LDR, Chapter 6, Required Improvements, p~,t~s o~ t? standard subdivisions and not necessarily to, other types of developments prior to the issuance of any and all bUlJ'dmg pernnts. The proposed changes to thIS chapter clanfies and re-defines clearly the comprehensIve reqUIrements that affect all development projects. o o o o o Administrative Announcements/Presentations Consent Agenda Legal Unfinished Business PROGRAM IMPACT: None FISCAL IMP ACT: None AL TERNA TIVES: Continue with the fragmented platting regulations as they relate to required improvements. "!' '.~ . l I' , ttt' ~ / J.. f' . ! k1' ,.. ,. ~-- ~l"'.1"1 t' (, . \ ,..-" . (. . ('(. t&'(, , Y' C'h~-\. ~~ 1< l_ Department Head's Signature City Manager's Signature Assistant to City Manager ~ ~! Public Works / Engineering Division Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC , , I I I I I 1 I 2 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDINANCE NO. 07 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 6, REQUIRED IMPROVEMENTS, AS CONTAINED IN THE LAND DEVELOPMENT REGULATIONS, CLARIFYING THE APPLICABILITY AND DELINEATION OF THOSE DEVELOPMENTS THAT ARE DEFINED AS OTHER THAN SUBDIVISIONS OF LAND DEVELOPMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City's standard sequence for development construction has been the approval of development master site plan by the City Commission including the issuance of a Development Order, the generation of the new record plat for recording with Palm Beach 19 County, the issuance of a Land Development Permit, and the issuance of various construction In .:..v permits thereafter; and 21 WHEREAS, some developer's have taken the position that the City's Land 22 II Development Regulations ("LDR"), Chapter 6, "Required Improvements", only pertains to 23 II standard subdivisions and not necessarily to other types of developments prior to issuance of I 24 I any and all building permits; and 25 WHEREAS, the City Commission finds that Chapter 6 "Required Improvements", of 26 the City's LDR needs to be clarified and re-defined clearly as to the comprehensive 27 requirements that affect all development projects. 28 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY 29 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing Whereas clauses are true and correct and incorporated 31 herein by this reference. S:\CA\Ordlllances LDR Changes \Amend Ch 6 Rcquned ImprO\ Cl1lcnts 05] 711: .doc 1 Section 2. Chapter 6, "Required Improvements", of the LDR are hereby amended 2 as follows: 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 37 38 39 40 41 42 43 44 CHAPTER 6 REQUIRED IMPROVEMENTS * * * ARTICLE II. APPLICABILITY Tangible improvements are required as described in this chapter in conjunction with the development of every subdivision development within the incorporated areas of the City of Boynton Beach whether the subdi'lision development is platted or unplatted. * * * ARTICLE III. IDENTIFICATION OF REQUIRED IMPROVEMENTS * * * Sec. 2. Bridges and culverts. Bridges or culverts shall be provided as necessary to facilitate the proposed street system whenever a subdivision development is traversed by or contains canals, watercourses, lakes, streams, waterways or channels. Bridges or culverts are subject to approval by agencies having jurisdiction. Sec. 3. Buffer areas (screening). Subdivisions and other dwelling-type proiects shall be buffered to separate residential developments from commercial and industrial developments with a fi:y.e six-foot high masonry wall or landscaped chain link fence, or some other equivalent buffer which shall also be at least five (5) six (6) feet in height, except where such developments are separated by a golf course or other equivalent barrier. Residential developments shall also be buffered and protected from adjacent expressways, arterials and railroad rights-of-way with a five-foot limited access easement, which shall be shown and designated on the plat, except where access is provided by means of a marginal access road or where such expressway, arterial or railroad right-of-way abuts a golf course. As an alternative, a fi:y.e six-foot high decorative masonry or landscaped chain link fence or other equivalent buffer, which shall be at least fi..ve ~ six (6) feet high, may be provided in a limited access easement ~ that is five (5) feet wide. For other types of screening requirements, refer to the specifics for the zoning district which the site is located in as noted in Chapter 2, ZONING. * * * S:ICAIOrdinanceslLDR ChangeslAmend Ch 6 Required ]mprovernents 05] 707.doc 2 .., .) 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 37 38 39 40 41 42 43 44 45 46 I 2 Sec. 5-2. Storm water treatment. Stonn water shall be treated in the development or subdivision by providing on-site percolation and/or detention or any appropriate treatment technique acceptable to the South Florida Water Management District. Sec. 6. Fire hydrants. Fire hydrants shall be provided in all residential, commercial and industrial developments or subdivisions in the manner prescribed in this ordinance. When annual fire hydrant fees are to be levied according to ordinances, a special association for payment of said fees will be required. * * * Sec. 10. Sanitary sewage. I A complete sewage collection system shall be provided for all developments or subdivisions in accordance with requisite government regulations. Sewage transmission facilities shall be provided by the developer to an approved operating city collection or transmission system. The city utility director or his designee shall approve all connections to existing city collection and transmission systems. * * * Sec. 12. Streets. II All streets and related facilities required to serve the proposed development or II subdivision shall be constructed by the developer. The construction shall consist of, bU.t not be limited to, street grading, base preparation and surface course along with drainage. and shall be in accordance with City regulations. Before any plat or deed or instrument conveying or dedicating any street right-of-way to the city shall be accepted by the city, all roads shall be paved so as to meet the minimum requirements set forth in this chapter. * * * Sec. 15. Central water system. A complete water distribution system shall be provided for all developments or subdivisions. Water transmission mains shall be provided by the developer to an approved operating city water system. The city utility director or his designee shall approve all new connections to the existing city water system. Sec. 16. Traffic control devices. I S.\C;\\OrdinancesLDR Changcs.Amend Ch 6 Requlred Improvements OS J 707.doc .., _1 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 37 38 39 40 41 42 43 44 45 46 The developer shall install traffic control devices on roads within and interfacing with the development or subdivision. +he When required, the developer shall conduct a traffic impact analysis mccting the approval of in accordance with the concurrency requirements of Palm Beach County Traffic Engineering Division and these regulations and any other requirements determined necessary by the city engineer, who shall determine the traffic control requirements. ARTICLE IV. DESIGN REQUIREMENTS FOR REQUIRED IMPROVEMENTS The design of required development or subdivision improvements shall be in accordance with acceptable engineering principles. Design data, (calculations, analyses, etc.) shall be submitted along with the land development construction plans covering important features affecting design and construction implementation of same. Such data shall include, but not be limited to, high water, drainage facilities of all kinds, subsurface soil data, alternate pavement and sub grade types, and radii at intersections when minimum standards of the American Association of State Highway and Transportation Officials are inadequate. Required improvements shall be equal to or exceed current city standards and the following: * * * Sec. 1.AA. New subdivisions, P.D.D., and clustcr d'.vellings developments shall considcr including a secondary vehicle access point, in addition to the primary vehicle access point, from the service roadway fronting-I delete period} the proposed development site, when 30 or more dwelling units are planned. If, due to the land configuration or remote relationship to other platted and improved lands, a secondary vehicle access point is not ~ feasible, an emergency vehicle access point shall be considered away from the primary vehicle access point to allow for emergency access to the dwelling units in the event the primary vehicle access point is not accessible. * * * Sec.3.D.2. In blocks nine hundred (900) feet in length or over, crosswalks not less than eight (8) feet wide may be required between streets where deemed essential by the city engineer to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities. * * * Sec. 5. Drainage and storm water treatment. A. DRAINAGE. Provide comprehensive final storm drainage facilities. Submit construction plans and certified drainage design data which includes, but is not limited to, method of control of storm water and groundwater; drainage plan; existing water elevations; recurring high water elevations; proposed design water elevations; drainage structures; canals; S:\CA\Ordinances\LDR Changes\Amend Ch 6 Required Improvements 051707,doc 4 ! , I I I I I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 II 20 21 22 23 24 ' , 25 26 27 28 29 30 31 "') ,)~ 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ditches; and any other pertinent infonnation pertaining to the system. Provide for drainage of lots, streets, roads and other public areas including surface waters which drain into or through the property. The drainage design must provide adequate surface water drainage of naturally occurring or existing adjacent contributory areas. * * * AA. Localized Improvements. Developers, contractors and owners of all new residential developments, including additions, pools, patios, driveways, decks or similar structures, on existing properties that decrease the penneable land area in excess of 800 square feet on any parcel shall provide a professionally prepared drainage plan clearly indicating compliance with this section. Upon completion of the improvements, a certification from a Florida-licenses engineer shall be submitted to the inspector prior to the issuance of any certificate of occupancy. * * * Sec. 5.B.2. Components a. Maximum runoff distance over impervious surfaces before diversion to percolation areas is fifty (50) feet excluding roofs. sports fields, roadway gutters and storm sewers. b. Temporary ponding shall not last more than eight (8) hours. c. Swales may be substituted for storm sewers to convey and collect surface waters. Minimum and maximum swale grades shall be in accordance with city standards. Maximum swale grade is limited to that grade which will produce water velocities below the threshold of erosion. Typical swale sections shall follow city standards. d. Water management tracts shall include a twenty-foot wide maintenance easement with a maximum side slope of eight to one (8: I) to the water level control elevations. Maximum slope from the edge of maintenance easement water level control elevation to a point two feet below the control elevation shall be four to one (4: 1). Maximum slope below this point shall be in accordance with city stonnwater retention criteria and standards. 3. Dedications. Major treatment facilities such as swales, lakes, canals, and other areas used for storm water management prior to discharge from development shall be placed in water management tracts shown on the plat and dedicated to the entity responsible for their maintenance. 4. Alternate treatments. Alternate treatment methods or facilities which in the opinion of the city engineer are equal or superior to the above requirements may be approved. Applications for such approvals shall be accompanied by written data, I S:\CA\Ordinances\LDR Changes\Amcnd Ch 6 Required Improvements 051707.doc 5 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 37 38 39 40 41 42 43 44 45 46 calculations and analyses which show, by accepted engineering principles, that the alternate proposal is equal or superior to that required. All major treatment facilities such as swales, lakes, canals, and other detention areas used for storm water management prior to discharge from development shall be placed in water management tracts shown on the plat and dedicated to the entity responsible for their maintenance. All water management tracts shall include where necessary, a twenty-foot wide maintenance berm, with a side slope not steeper than eight to one (8:1) to the water control elevation, and four to one (4:1) to two (2) feet below the water control elevation. Alternate treatment methods or facilities which in the opinion of the director of dC'le10pment city engineer are equal or superior to the above requirements may be approved. * * * Sec. 6. Easements. * * * B. DRAINAGE EASEMENTS. Drainage easements shall be provided where necessary at t width adequate to accommodate the drainage facilities. A minimum width of 'twelve (12) feet shall be provided for underground storm drainage installations. Where canals or ditches are permitted, the width shall be adequate to accommodate drainage plus twenty (20) feet on one side for maintenance purposes. Where the width of canals or ditches exceed sixty (60) feet, they shall be acceptable accessible to and placed under the control of the drainage agency having jurisdiction. Drainage easements shall be provided to facilitate removal of surface waters from contributory areas. When a development or subdivision is traversed by or dC'lelops creates canals, watercourses, lakes, streams, drainage ways or channels, a drainage easement or right-of-way shall be provided conforming substantially with the lines of such waterway and of such width and/or construction as will be adequate for the purpose. Sec. 7. Lots. All lots established in accordance with these regulations shall have frontage on a street or have permanent private access to a street which has a minimum right-of-way of fifty (50) feet. All lots shall have the minimum area, frontage, width and depth required by the prevailing or approved use zone zoning district wherein said lots are located. When a subdivision is proposed under land with existing structures that are proposed to be retained, lots are to be designed so as not to cause existing structures to become nonconforming with respect to building area or lot size. When lots are platted abutting a collector or arterial street, access shall be limited to local streets or marginal access roads. No access from individual lots shall be permitted directly to collector or arterial streets. Double frontage lots or through lots shall be avoided except where essential to provide separation of residential development S:\CA\Ordinances\LDR Changes\Amend Ch 6 Required Improvements OS1707.doc 6 36 37 38 39 40 41 42 43 44 45 46 1 from traffic arteries or to overcome specific disadvantages of topography' or orientation, 2 Where double frontage lots are developed they shall be buffered as required by this ordinance. " .) 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 Comer lot lines at intersecting rights-of-way shall be the long chord of a twenty-five (25) foot radius or of a greater radius where deemed necessary. Comer lots shall be designed to provide a safe intersection with respect to sight distance. A restriction shall be defined on the plat prohibiting construction or planting over two foot six inches high on comer Jots within a safe sight distance based on the roadway profile crown elevation of the street. Sec. 8. Seawalls, bulkheads, piers and docks. Seawalls, bulkheads, piers and docks installed along access waterways shall be installed under permit issued by the Boynton Beach Development Department. Seawalls and bulkheads shall be constructed with the water side face being on not to encroach over the property line. 35 I I Sec. 10. Streets. Street layout shall be coordinated with the street system of the sun'ounding area. Consideration shall be given to existing and planned streets, topographical conditions. public convenience, safety and relationship to the proposed use of the land to be served, The 'arrangement of streets in new developments or subdivisions shaU provide for the continuation of existing streets in adjoining areas not developed or subdivided, and shall provide for the proper projection of streets. When a development or subdivision adjoins unsubdivided land, then the new street, where necessary, shall be carried to the boundary of the tract proposed to be developed or subdivided to promote reasonable development of adjacent lands. and provide continuity of street systems. The new development or subdivision shall provide for the incorporation and compatible development of the present and future streets shown on the I thoroughfare map adopted by the City Commission. A. TRAFFIC ANALYSIS. A development or subdivision that well generate three thousand (3,000) one-directional vehicle trips per day or two hundred fifty (250) one- directional vehicle trips in anyone-hour period must submit a traffic impact analysis along with the master plan. The analysis shall be prepared by a professional engineer and shall be used to determine the number of lanes, capacity of street systems proposed or affected by the development, and the phasing of improvements. When a development or subdivision will not generate sufficient one-directional vehicle trips to warrant a traffic impact analysis, an intersection analysis must be submitted along with the master plan. All traffic analvses shall be in accordance with and shall meet concurrency requirements of the Palm Beach County Traffic Engineering Division and these regulations, and any other requirements determined necessarv by the city engineer. * * * * * * S:\CA\Ordl11ances\LDR Changes\Amend CIl (, Requircd ImprO\cments 051707.doc 7 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 37 38 39 40 41 42 43 44 45 46 L. MARGINAL ACCESS STREETS. Where a development or subdivision abuts an arterial or higher classification street and adjoining property owners desire access other than at street connections, a marginal access street shall be required from an intersection to the edge of the development or subdivision. M. LOCAL STREETS. Local streets shall be laid out so as to discourage through traffic. N. RAILROADS ON OR ABUTTING DEVELOPMENTS OR SUBDIVISIONS. When a development or subdivision borders on or contains a railroad right-of-way, a street approximately parallel to and on each side of such right-of-way may be required so as to permit appropriate use of the intervening land for park purposes in residential districts or for commercial or for industrial purposes in appropriate districts. O. HALF STREETS. Half or partial streets are prohibited except where essential to the reasonable development or subdivision of a tract in conformance with the thoroughfare plan and these regulations. In addition, satisfactory assurance for dedication of the remaining part of the street must be provided. Whenever a tract to be developed or subdivided borders on an existing half or partial street, the other part of the street may be required to be dedicated and constructed within such tract. A proposed development or subdivision that adjoins or includes an existing street which does not conform to the minimum right-of-way requirements of these regulations shall dedicated right-of-way along either one or both sides of said street so that the minimum right-of-way requirements of these regulations can be met. * * * U. COLLECTOR ROAD DEDICATION. Collector developments or subdivisions shall be dedicated as public streets. roads wi thin * * * X. CROSS ACCESS ROAD. Provide cross access roads or drive aisles between commercial sites wherever practical to minimize trips on nearby thoroughfares. * * * Z. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the conditions of adjacent properties, unless such activity is permitted to affect said property pursuant to a consent granted by the adjacent property owner, under terms or conditions agreeable to the adjacent property owner. This includes, but is not limited to, the control of dust, noise, water or drainage runoff, debris and the storage of construction materials. New construction activity shall not adversely impact historic surface water drainage flows of adjacent properties, and may require special drainage considerations complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and o\vners of all new residential s:\c A \Ordinances\LDR Changes\Amend Ch 6 Required Improvements OS1707,doc 8 1 developments, including additions, pools, patios, dri','e'Nays, decks or similar structures, on 2 existing properties that decrease the permeable land area in excess of 800 square feet on any 3 parcel shall provide a professionally prepared drainage plan clearly indicating compliance 4 with this di','ision. Upon completion of the improvements, a certification from a Florida 5 licenses engineer shall be submitted to the inspector prior to the issuance of any certificate of 6 occupancy. 7 8 * * * 9 10 Sec. 12. Bicycle/pedestrian paths. 11 12 Bicycle/pedestrian paths shall be a minimum of eight (8) feet wide. In driveway and 13 commercial areas, the surface, base and subgrade requirements of Article IV, Section 10, 14 subsection F shall be met. In other areas, one inch Type II asphaltic concrete on a four-inch 15 thick compact base of locally approved limerock or shell be used. When bicycle/pedestrian 16 paths are not located within road rights-of-way, the base shall extend six (6) inches from each 17 side of the surface and muck shall be completely removed below the base. Three-quarter 18 (3/4) inch thick Type I asphaltic concrete may also be used. The cross slope shall be one- 19 quarter (1/4) inch per foot. 20 21 * * * 22 23 Sec. 15. Median strips and entranceways. 24 i' 25 I 26 27 ! I 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 * * * B. DEVELOPMENT SUBDIVISION ENTRANCEW A YS" Subdivision entrancev..ays consisting of ',v Walls, fences, gates, rock piles, or the like at proiect entranceways are not permitted within the median strip or other areas in a dedicated or deeded right-of-way. Decorative entranceways must be constructed upon plots of land adjacent to a right-of-way in compliance with the zoning, building and sign codes and must not constitute a traffic hazard. A guardhouse located so as not to create a traffic hazard may be constructed at the entrance to a development having private streets. Sec. 16. Fire hydrants. Fire hydrants shall be no more than three hundred (300) feet apart and the remotest part of any structure shall be no more than two hundred (200) feet from a hydrant. Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at residual pressures of not Jess than twenty (20) pounds per square inch, fire flow of at lease one thousand five hundred (1,500) gallons per minute shall be provided as a minimum standard. Exceptions: In one and two (2) story residential developments or subdivisions with not more than ten (10) dwelling units per acre, fire hydrants may be spaced up to five hundred (500) feet apart but not more than three hundred (300) feet from the center of any lot in the II '" An"h",,,,,,,"R Ch",,,,,,\Amoo" Ch 6 "'q,lced Impm""""; 0'1707';0' II 1 ! 1 i I 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 37 38 39 40 41 42 43 44 45 46 development or subdivision. The system shall provide flow capacity of at least five hundred (500) gallons per minute in addition to maximum day domestic requirements at specified residual pressures. * * * Sec. 19. Commercial and industrial developments/subdivisions. Commercial and industrial developments or subdivisions shall comply with all of the requirements of this ordinance, except that all local streets shall be designed and constructed according to the collector street typical section contained in the current city standards. Sec. 20. Nuisance abatement. Applicant for clearing and grubbing permit and/or land development permit shall describe in writing how blowing sand, dust, and other airborne matter will be controlled during clearing, grading and filling and until such time as permanent ground cover is installed. * * * ARTICLE V. CONSTRUCTION OF REQUIRED IMPROVEMENTS * * * Sec. 4. Construction documents. A. PREPARATION & SUBMITTAL OF CONSTRUCTION DOCUMENTS. Upon approval of the master plan by the City Commission, the developer shall prepare and submit to the city engineer within six (6) months, six (6) copies of the proposed record plat, four (4) sets of signed and sealed construction plans, along with a non-reimbursable fee, as adopted by resolution of the City Commission, payable to the City of Boynton Beach. The development or subdivision of a large tract may be developed in two (2) or more phases and the developer may submit construction plans for approval to develop the proiect subdi'/ision in phases. The construction plans and plat shall coincide with the master plan and/or site plan as approved or modified in accordance with city regulations, and any deviation desired by the developer must be approved by the +RG Technical Advisory Review Team (TART) in the Planning and Zoning Division of the Department of Development by application from the developer and re-submittal of the conceptual development plans pursuant to the requirements of the Land Development Regulations (LDR). * * * B.2.i. The plans shall contain the special conditions and specifications pertaining to the development or subdivision in note form on the plans, such as: * * * S:\CA\Ordinances\LDR Changes\Amend Ch 6 Required Improvements OS1707,doc 10 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 I II S:\CA \Ordinanccs\LDR Changes\Amend Ch 6 Required Improvements OS I 707.doc I i II 1 2 Sec. 7. Obtaining Certificates of Occupancy. 3 4 No Certificates of Occupancy will be issued for buildings in the platted development 5 or subdivision until all required improvements are completed, approved and accepted by the 6 City, except that a developer may, at his option, post additional 110% surety in compliance 7 with Chapter 7 for work which may be more prudently put in place subsequent to building 8 construction such as sidewalks and landscaping. Certificates of Occupancy \vill not be issued 9 for the final ten (l0) percent of the buildings until such work is completed. approved and 10 accepted by the city as completed. 11 12 13 ARTICLE VI. ACCEPTANCE AND MAINTENANCE OF REQUIRED 14 IMPROVEMENTS 15 16 Sec. 1. Workmanship and material agreement. 17 18 [Changes being made via the new Sure(v ordinance currentZv before the C Comm.j 19 20 Sec. 3. City completion of required improvements. 21 22 [Changes being made via the nevv Sure(v ordinance currentZv before the C COll1m.j 7" ~.:l "" Art L'+ _I~ ,!~ .1. ~ ~ ~ ARTICLE VII. SUBDIVISIONS CONTAINING/ADJOINING WATERFRONT PROPERTY Sec. 1. General design. When a developer designs a development or subdivision containing/adjoining waterfront property either existing or proposed such as canals, water courses, lakes, streams, drainage ways or channels, such development or subdivision shall comply and confom1 to the requirements of this article and this chapter. Sec. 3. Design. Where canals, watercourses, lakes, streams, drainage ways or channels are adjacent to or exist upon the property to be subdivided developed, they shall retain natural characteristics or design and protect waterways so as to not present a hazard to life and safety. Access waterways proposed in conjunction with a development or subdivision shall have a minimum water depth of six (6) feet for a continuous bottom width of twenty (20) feet. Where seawalls, bulkheads or retaining walls are not required, the design shall incorporate a minimum of a four to one (4:1) slope from existing ground to a depth of six (6) feet. * * * I 2 3 4 5 6 7 8 9 10 11 12 Sec. 6. Dedication. * * * B. WATERWAYS. Waterways except for public drainage easements shall be dedicated to a property owners' association or reserved for the use of the residents of a development or subdivision when the development or subdivision is developed as a condominium or cooperative development as defined by Florida law. In lieu of the foregoing, waterways may be dedicated to a legally constituted drainage district. Section 3. Each and every other provision of said chapters, not herein specifically 13 amended shall remain in full force and effect as previously enacted. 14 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 15 same are hereby repealed. 16 Section 5. Should any section or provision of this Ordinance or portion hereof, an 17 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 18 ' such decision shall not affect the remainder of this Ordinance. 19 Section 6. Authority is hereby granted to codify this said Ordinance. 20 Section 7. The Ordinance shall become effective immediately after passage. 21 FIRST READING this _ day of ,2007. 22 {REMAINDER OF P AGE INTENTIONALLY LEFT BLANK} S:\CA\Ordinances\LDR ChangeslAmend Ch 6 Required Irnprovements OS1707,doc 12 SECOND, FINAL READING AND PASSAGE this _ day of__~. :2007. 2 CITY OF BOYNTON BEACH. FLORIDA .., .:l 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy 23 'J anct Prainito, City Clerk 24 J- -) 26 (CORPORA TE SEAL) I " / I I I S:\CA\Ordinances\LDR Changes\Amend Ch (, Required Improvements 051707,doc ]3 XIII-UNFINISHED BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\.l Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon,) ~ 0 May],2007 April 16, 2007 (Noon) 0 0 May 15,2007 April 30, 2007 (Noon) D 0 June 5, 2007 May 14,2007 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office June 19,2007 June 4, 2007 (Noon) July 3, 2007 June 18,2007 (Noon) o -.J ;') '~-')-l July 17,2007 July 2, 2007 (Noon) August 7, 2007 July 16,2007 (Noon) == J::::' - " .._j--'-.':'" -':-:: -<CJ ~) -......1 W'l NATURE OF AGENDA ITEM o Announcements/Presentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements o Public Hearing D City Manager's Report D New Business D Legal ~ Unfinished Business o -J _.' -0 .r::- f1 :... .c~~~ T1=J -r:l C')-,... i-q;; ,-.""" '-'-' RECOMMENDATION: Authorize staff to forward the enclosed draft ordinance to the Planning and Development Board (P&D) and the Board of the Community Redevelopment Agency (CRA) for review and comment prior to being returned to the City Commission for formal adoption in August, 2007. EXPLANATION: At its meeting of May 1, 2007 the City Commission asked staff to look at the implications of allowing mobile food vendors in the city. This request resulted from an issue involving one such vendor that had been operating for several years in spite of the fact that the city's current regulations do not allow such vendors most zoning districts. The City Commission subsequently directed staff to prepare a draft ordinance to regulate mobile vendors. PROGRAM IMPACT: An activity that is generally not allowed in the city would become legal and regulated. FISCAL IMPACT: Some additional permit fee and business tax revenue would be realized by allowing and regulating mobile vendors. ALTERNATIVES: A) Adopt the enclosed draft ordinance without input from the P&D and CRA Boards B) Decline to approve the draft ordinance and maintain the existing policy. ~ I . i? Dep ent He d's Signature City Manager's Signature Assistant to City Manager cM/ Department of Development City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ORDINANCE NO. 07- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, CHAPTER 2, "ZONING", TO CREATE A NEW SECTION 19, "MOBILE VENDORS", ESTABLISHING REGULATIONS FOR MOBILE VENDORS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission for the City of Boynton Beach desires to regulate 16 II mobile vendors that operate within the City in order to insure that mobile vendors are reqUIred 17 to meet the same standards while operating within the City; and 18 WHEREAS, the City Commission has determined that it is in the best interests of the 19 residents and citizens of the City of Boynton Beach to amend Chapter 2, Zoning of the Land 20 Development Regulations of the Code of Ordinances. 21 I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 II THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~~ II Section 1. The foregoing "Whereas" clauses are hereby ratified and confinTled as I being true and correct and are hereby made a specific part of this Ordinance upon adoption 25 26 hereof. 27 Section 2. Chapter 2, "Zoning" is hereby amended to add a new Section 19 titled 28 "Mobile Vendors" to read as follows: 29 30 A. PURPOSE 31 The purpose of this ordinance is to provide for the regulation of street and sidewalk vending 32 activities in certain commercial and mixed-use zoning districts of the City, in order to more 33 fully promote the public interest by contributing to an active and attractive pedestrian 34 environment. In recognition thereof, reasonable regulation of street and sidewalk vending is 35 necessary to protect the public health, safety, and welfare and the interests of the City in the 36 primary use of public streets and sidewalks for use by vehicular and pedestrian traffic, S :\CA \Ordinances\Mobilc Vendors,doc , , 1 2 It shall be unlawful for any person, firm, corporation, or association to engage in or carryon 3 the business of vending food, goods or services upon the public ways of the City of Boynton 4 Beach without first having secured a permit or permits as required by this ordinance. 5 6 B. DEFINITIONS 7 For the purpose of implementing and interpreting this ordinance, the following definitions 8 shall apply: 9 10 Adulterated shall mean the condition of a food that bears or contains any poisonous or 11 deleterious substance or has been processed, prepared, packed or held under unsanitary 12 conditions, whereby it may have become contaminated with filth, in a quantity which may 13 render it injurious to health. 14 15 Almroved manner shall mean that method of dealing with waste, solid or liquid, which 16 comports with adequate sanitation methods as established by the Division of Hotels and 17 Restaurants of the Florida Department of Business and Professional Regulation. 18 19 Approved source shall mean a licensed food processing establishment considered satisfactory 20 by the health director and serving food products which are clean, wholesome, free from 21 adulteration or misbranding and safe for human consumption. 22 23 Commercial or Mixed-Use Zone shall mean any property which is presently or hereafter 24 zoned C-2, C-3, C-4, CBD, PCD, SMU, MU-Ll, MU-L2, MU-L3 and MU-H or any 25 commercial or mixed-use zoning districts subsequently adopted by the City of Boynton 26 Beach. 27 28 Commissary shall mean a food processing establishment or food service establishment 29 approved by the Division of Hotels and Restaurants of the Florida Department of Business 30 and Professional Regulation in which food, containers or supplies are kept, handled, prepared, 31 packaged or stored for transportation by mobile vendors. 32 33 Corrosion resistant material shall mean a material which maintains its original surface 34 characteristics under prolonged influence of food, cleaning compounds, bactericidal solutions 35 and other conditions-of-use environment. 36 37 Easilv cleanable shall mean that surfaces are readily accessible and made of such material and 38 finish and so fabricated that residue may be effectively removed by normal cleaning methods. 39 40 Food shall mean any raw, cooked or processed edible substance, ice, beverage or ingredient 41 used or intended for use or for sale in whole or in part for human consumption. 42 43 Food handler shall mean a person, certified by the Division of Hotels and Restaurants of the 44 Florida Department of Business and Professional Regulation, engaged in the preparation, 45 handling or vending of food. 46 2 S:ICAIOrdinanceslMobile Vendors,doc I I I 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 37 38 39 40 41 42 43 44 45 I Food vendor shall mean any person, group of persons, fiml or corporation who individually or by or through an agent or employer, offers for sale, sells, attempts to sell, exposes for sale or gives away any food intended for human consumption from any vehicle or by a person afoot. Label shall mean a display of any written, printed, or graphic matter upon the immediate container, not including package liner, of any prepackaged article in accordance with state law. Liquid waste shall mean fluid, resulting from wastes produced from food vending operations, composed of solids, whether dissolved or in suspension; liquids, whether in solution. in emulsion or in separate phases; and gases. The term shall also include melted ice. Merchandise shall mean items of clothing, jewelry (including timepieces), photos, artwork, housewares, flowers, plants, landscape materials, carpets, phones and accessories, appliances, medicines, personal care items, books and/or magazines as well as audio or video recordings, tapes, discs or other media. Mislabeled and misbranded shall mean the presence of any written, printed or graphic matter upon or accompanying any food or container of food which is false or misleading and which is not presented in the English language as stipulated by the Food and Drug Act, Title 21. Chapter 1-101.15 or which violates any applicable federal, state or local labeling req uirements. Mobile vending unit shall mean any movable cart, trailer, or other vehicle that is operated from a fixed location, from which food, flowers, and other merchandise and services, as well a<;: non-alcoholic hp\,praap<;: ::>rp nro\,;rlprl tn thp pllbl;(" ull'th nr ",;thnllt ("harrrp' PV("PT'\t 'I ...... ... .............. ..L.I.""'" ",-,,- --.. b-..... .......a --.t-" ..-...............'-'......... ~ .I...."" ~~ \.... .......... ..... 1-......{................ ........1...1. 6"'-', ......./'\.vvp, I however, that the provisions of this ordinance shall not apply to mobile caterers or service I providers, generally defined as a person engaged in the business of transporting, in motor vehicles, food, beverages, or service equipment to residential, business. and industrial establishments pursuant to prearranged schedules, and dispensing from the vehicles the items or services at retail, for the convenience of the personnel of such establishments Perishable food shall mean food, including shelled eggs, of a type or in such condition that it will become adulterated unless kept at a temperature which will maintain product quality and wholesomeness, Permit shall mean a license to operate a mobile vending unit which shall be issued by the Planning and Zoning Division of the City's Department of Development for a stated fee and shall be carried by a vendor or food handler at all times while vending. Potentiallv hazardous food shall mean any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, 3 S:\CA\Ordmances\Mobile Vcndors,doc II 1 uncracked, odor-free shell eggs or foods which have a pH level of 4.5 or below or a water 2 activity (A W) value of 0.85 or less.' 3 4 Public wavs shall mean and include all portions of public streets, alleys, sidewalks, trails and 5 parking lots of the City of Boynton Beach and, in addition, shall include privately owned 6 streets, roads, alleys, sidewalks, trails, and parking lots that are provided for public use or 7 access. 8 9 Safe temperatures, as applied to potentially hazardous food, shall mean temperatures of forty- 10 five (45) degrees Fahrenheit (seven (7) degrees Celsius) or below, or one hundred forty (140) 11 degrees Fahrenheit (sixty (60) degrees Celsius) or above and zero degrees Fahrenheit (minus 12 seventeen (17) degrees Celsius) or below for frozen food storage. 13 14 Sanitize shall mean effective bactericidal treatment of cleaned surfaces of equipment and 15 utensils by a process which has been approved by the Division of Hotels and Restaurants of 16 the Florida Department of Business and Professional Regulation as being effective in 17 destroying microorganisms including pathogens. 18 19 Services shall mean personal portraits or body art as well as the installation of equipment on, 20 or the cleaning, repairing, refinishing, or detailing of vehicles, including automobiles, trucks, 21 vans, motorcycles and household goods, tools, and equipment. 22 23 Single service articles shall mean cups, containers, lids, closures, plates, knives, forks, 24 spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks and similar articles 25 intended for one-time, one-person use and then discarded. 26 27 Sticker shall mean a decal issued by the Planning and Zoning Division of the City's 28 Department of Development that is numbered and has the month and year of the expiration 29 date of the permit which shall be displayed on the mobile vending unit. 30 31 Utensil shall mean any implement used in the storage, preparation, transportation or serving 32 of food. 33 34 Vehicle shall mean every device in, upon, or by which any persons, food or other commodity 35 is or may be transported, pushed or drawn. 36 37 Wholesome shall mean in sound condition, clean, free from adulteration and otherwise 38 suitable for use as human food. 39 40 41 C. APPLICATION REQUIREMENTS 42 Applications for a permit shall be filed at the Office of the Planning and Zoning Division of 43 the City's Department of Development. Such application shall contain all the information 44 required below, along with the current non-refundable fee, to qualify for the permit. A 45 decision to issue a permit will be based, in part, on this information, other applicable 4 S:\CA \OrdinancesIMobile Vendors,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 'I 29 I 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 II I i I I I ordinances, and other requirements as may be set forth herein. The applicant must satisfy the following requirements before a vending permit can be issued: a) Submit the name and home and business address of the applicant, and the name and address of the owner, if other than the applicant, of the vending or mobile vending unit to be used in the operation of the vending business. b) Submit a copy of the owner of the abutting property owner's and/or tenant's written approval for the vending site, if located on a public street or sidewalk. If the mobile vending site is located on private property, the applicant shall submit a copy of the property owner's and/or tenant's approval for said vending site. c) Submit a scale drawing (plot plan) showing the area to be used, along with applicable dimensions, plans and/or photographs detailing the design and size of the vending unit to be used. d) For vendors proposing to locate on property owned or controlled by the City of Boynton Beach, the applicant shall maintain in force, a comprehensive general and automobile liability insurance policy with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage. Said policies shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City, Vendor shall secure and maintain in force workers' compensation insurance to statutory limits or a workers' compensation waiver provided by the vendor's insurance broker/agent. The vendor shall furnish the City's Risk Management Department \-vith a certificate of insurance prior to operating in the City. Said insurance 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 with A.M. Best's Key Rating Guide, latest edition. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risks, D. FEES Each application for a street vending permit shall be accompanied by a two hundred and fifty dollar ($250.00) application fee. The application fee shall be non-refundable and in addition to, and separate from, the permit fee of fifty dollars ($50.00) and the business license tax. all of which shall be collected prior to issuance of the permit. E. PERMIT APPROVAL The Board of the Community Redevelopment Agency (CRA) or the City's Planning and Development Board (P&D) shall consider applications for a vendor's permit at regularly scheduled meetings of the respective Board. The applicant shall be permitted to make a brief presentation of his or her application and may be questioned by the Board. 5 S:\CA\Ordinances\Mobile Vendors. doc 1 In determining whether to issue a permit, the Board(s) shall consider the standards and 2 requirements set forth in this ordinance and input from the applicant, City staff and the 3 general public. In addition, the Board(s) may impose such special conditions to the permit as 4 they may deem necessary to assure compliance with this ordinance. In the event two or more 5 applications are received for the same location, the earliest application, if approved, shall be 6 awarded the location. Upon approval of the application by the respective Board, the permit 7 shall become effective when the permit fee and business tax is paid. 8 9 F. TERM OF PERMIT 10 All permits issued pursuant to this ordinance shall be effective as of the nearest first day of the 11 month, regardless of the actual date of issue, and shall expire one year from the effective date 12 thereof, unless sooner revoked in the manner provided in this ordinance. 13 14 G. PERMIT RENEWAL 15 All permits issued pursuant to this ordinance may be renewed, unless the permittee is 16 officially notified to the contrary by the City of Boynton Beach. A vendor applying for the 17 renewal of a permit for a business that remains unchanged since the last application or 18 renewal is required to pay the permit renewal fee only. 19 20 H. DESIGN and LOCATION 21 Upon receipt of an application for a permit, the City and/or CRA staff shall review the design 22 of the vending unit and the proposed location to determine if it is suitable for vending and 23 provide a written report to the respective Board. In making its determination, the staff shall 24 consider the following criteria: 25 26 a) A mobile vending unit is limited to one assigned location and a unit in that 27 location must be compatible in materials and color with the surrounding urban 28 environment. 29 30 b) No permit shall be issued for a location within 100 feet of a location for which a 31 street vending permit has already been granted. 32 33 c) The operating area must be located entirely within a commercial or mixed-use 34 zoning district. 35 36 d) The use of the vending devices must be compatible with the public interest in the 37 use of the public ways and public rights-of-way. In making such a determination, 38 the staff shall consider the type and intensity of use, the width of the sidewalk, the 39 proximity and location of existing street furniture, including but not limited to 40 traffic control devices, signposts, lampposts, parking meters, benches, phone 41 kiosks, mailboxes, fire hydrants, landscaping, trees, buffer yards, public art and 42 refuse containers, as well as the presence of truck loading zones. The staff shall 43 also consider established and emerging pedestrian and vehicular traffic patterns, 44 as well as other factors it deems relevant in determining whether or not the 45 proposed use would diminish required parking or result in congestion of the 46 public ways or the creation of a safety hazard. 6 S:\CA \Ordinances\Mobile Vendors,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 ! I 28 29 I 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 I II I' e) A minimum clear passage of a four-foot sidewalk width must be maintained for pedestrian travel at all times. f) A mobile vending unit shall not be placed within three hundred (300) feet of the property line of any public or private day care, school, park, or playground, g) A mobile vending unit shall not be placed within three hundred (300) feet of the property line of any established ongoing legally zoned business selling similar foods or other merchandise. h) A mobile vending unit shall not be placed within three hundred (300) feet of the property line of any church, temple, mosque, synagogue or other place of worship. I. GENERAL RESTRICTIONS and REGULATIONS Any person with a valid permit issued pursuant to this ordinance shall be subject to the following restrictions and regulations: a) All vendors must display, in a prominent and visible manner, the permit issued by the City under the provisions of this ordinance b) A mobile vending unit shall not occupy more than seventy-two square feet of space, which shall include the mobile unit, the operator, and a trash receptacle. c) The size of a mobile vending unit shall not exceed four feet (48 inches) wide by eight feet (96 inches) long. It must have a minimum of two functional. fully inflated wheels, and have positive wheel-locking devices. d) The height of a mobile vending unit, including canopies, umbrellas, or transparent enclosures, shall not exceed seven feet (84 inches). e) The mobile vending unit, including any canopies, umbrellas, or transparent enclosures, must be clean, and well maintained. The vending site itself must also be clean and orderly at all times, and the vendor must provide a refuse container for use by his patrons. f) Soliciting or conducting business with persons in motor vehicles is prohibited, g) All merchandise must be displayed on the vending unit. No merchandise shall be displayed using street structures (planters, trees, trash containers, signposts. etc.) or placed upon the sidewalk. h) Vendors shall not hinder or impede the use of any phone kiosk. mailbox. parking meter, fire alarm, fire hydrant, or traffic control device. II I I S:\CA\Ordinanccs\Mobile Vendors doc I 7 , , 1 i) Vendors shall obey any lawful order from a police or fire department official during 2 an emergency or to avoid congestion or obstruction of the sidewalk. 3 4 j) No permittee shall make loud noises or use mechanical audio or noise-making 5 devices to advertise his or her product. 6 7 k) No permitted mobile vending unit shall be left unattended on any property owned 8 or controlled by the City of Boynton Beach. 9 10 I) No permitted mobile vending unit shall remain on any property owned or controlled 11 by the City of Boynton Beach between the hours of midnight and 6:00 AM. 12 13 m) Vendors selling from a mobile vending unit on a sidewalk shall not: 14 15 (1) Vend at any location where the sidewalk is less than 10 feet wide. 16 17 (2) Vend within 20 feet of an entrance to any building, bus stop SIgn, 18 driveway, stop sign, or cross walk of any intersection. 19 20 (3) Obstruct the view of any directional sign, traffic control sign or device. 21 22 n) All vending units must be self-contained. Utility service connections are not 23 permitted. 24 ' 25 0) No freestanding signs, flags, banners, tents, tarpaulins or awnings shall be allowed 26 within the road rights-of-way. All signs, flags, banners, tents, tarpaulins or 27 awnings must be attached to, or resting against the vending vehicle/equipment. No 28 tables, chairs or umbrellas are to be set up for use by customers. In addition, any 29 permitted operation, pursuant to this article, shall not display or otherwise erect 30 freestanding signs, flags, banners or tents on public or private property within five 31 hundred (500) feet of the permitted operation. 32 33 p) Vendors of food or beverages shall comply with all applicable State and local 34 health laws regulating the preparation, handling, and presentation of food. Food 35 and beverage vendors shall also comply with the following: 36 (1) Food handlers shall be certified by the Division of Hotels and Restaurants 37 of the Florida Department of Business and Professional Regulation and 38 shall conform to good hygienic practices. 39 (2) The outer clothing of all food handlers in a mobile food-vending unit shall 40 be clean, fully opaque and cover the entire torso from shoulders to the 41 knee. 42 (3) Food handlers shall use effective hair restraints to prevent the 43 contamination of food. 8 S:\CA \Ordinances\Mobile Vendors 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 I 31 32 33 34 35 36 37 38 (4) Food handlers shall not use tobacco in any form while cngaged in the preparation and vending of food. (5) Only single-service utensils shall be dispensed to the customer. (6) All single-service items shall be stored in closed containers or cartons, off the floor of the vehicle, except that approved dispensers may be used for utensils and cups for immediate use in the vending operation, (7) All food vended shall be from an approved source. (8) No food shall be vended which is adulterated, mislabeled, spoiled or unclean. (9) All perishable and potentially hazardous food shall be kept at safe temperatures. Frozen food shall be kept in the safe temperature frozen state until thawed for preparation or dispensed to the customer. (10) Food shall be stored in a manner as to prohibit cross-contamination. (11) Mobile food vending units shall be operated from a commissary and shall report at least daily to such location for all supplies and for all cleaning and servicing operations provided mobile food vending units dispensing fresh fish and shrimp, prepackaged novelty ice cream, fruit and vegetables and individual portion size nonperishable foods such as pickles, candy, peanuts and including snow cones arc exempt from this prOViSIOn. (12) No food whether packaged or otherwise shall be stored on the floor of any vehicle used in the food vending operation. (13) Effective measures intended to eliminate the presence of flies. roaches, and other insects shall be utilized. All chemicals used for this purpose shall meet EP A guidelines and shall be used in such a manner as to prevent contamination of food or food contact surfaces. (14) Vehicles used for food vending shall be constructed of corrOSIOn- resistant, durable materials. (15) The floors and walls of any vehicle used for food vending shall be constructed of materials which are easily cleanable, (16) Non-food-contact surfaces of equipment shall be cleaned as often as is necessary to keep the equipment free of accumulations of dust, di11, food particles, splash, and other debris. (17) Equipment used for food vending shall be installed and maintained in such a manner that the equipment and the vehicle uscd in the food vending operation can be easily cleaned. (18) A sink, lavatory, soap and paper towels on the vendor's vehicle shall be required for dispensing shrimp, fish, shellfish and crustacea. 9 S:\CA\Ordinances',,Mobi]e Vendors.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 31 32 33 34 35 36 37 38 39 40 (19) Cleaning of all vehicles shall be accomplished in a servicing area at the commissary and the vehicles shall be cleaned as often as necessary but not less than once every twenty-four (24) hours, provided that vendors of prepackaged novelty ice cream, fruit and vegetables, snow cones and prepackaged nonperishable food shall be exempt from this provision. (20) No vendor wastes of any kind shall be deposited or permitted to be deposited upon the ground, sidewalk, streets, city waste receptacles or private dumpsters.. (21) Solid waste shall he stored in an easily cleanable, covered container and disposed of during servicing operations at the commissary. (22) Liquid waste resulting from any mobile vending operation shall be stored in permanently installed retention tanks of at least fifteen (15) percent larger capacity than the water supply tank but of no less than thirty- gallon capacity and shall be drained and thoroughly flushed during servicing operations. All liquid waste shall be discharged to an approved sanitary sewage disposal system at the commissary. (23) Ice shall be from an approved source. (24) Stored ice intended for human consumption shall not be used as a medium for cooling stored food or food containers. (25) No food products shall be submerged under water or a water and ice mixture. (26) All food that requires packaging or preparation by the vendor shall be processed in the commissary that is required as a support facility for a mobile food vending unit, provided that snow cones are exempt from this requirement. (27) Mobile vending units dispensing snow cones shall be designed so as to enable the operator of the unit to protect the equipment, syrup, ice and utensils used in the operation of the unit from dust, insects and rodents while the unit is in transit or overnight storage. (28) Snow cone vendors shall have hand-washing facilities, detergent, water and paper towels in or upon the mobile vending unit. (29) Mobile vending units shall provide waste containers for customers at such times when the unit is parked. (30) Deep fat, oil or grease cooking processes employing more than one quart of heated liquid shall be protected by an automatic fire extinguishing system. 10 S :\C A \Ordinances\Mobile Vendors,doc 1 2 3 4 5 6 7 8 I 1 ~ ! I 11 I 12 13 14 15 16 17 18 19 20 21 22 23 I I I II (31) Cooking processes involving heated fat, oil, grease, or liquids other than water shall be shielded from the public on three sides of the mobile vending unit or cooking equipment to a height of 18 inches above the cooking surface level and 4 feet above the level upon \vhich the Cali assembly rests. (32) Vessels containing heated liquids or oils shall be thennostatically controlled so heat sources will automatically shut off when liquid reaches a temperature of 475 degree F. (33) Storage of extra fuel is prohibited in the vending area except as pemlitted by the Fire Department. (34) Processes requiring flammable gases, liquid, or solid fuels shall not be permitted, unless approved by the Boynton Beach Fire Department. LPG containers shall be limited to no more than 5 gallons capacity and no more than one such container per cart or vending display. (35) Vendors using open-flame cooking where steaks, ribs, hamburgers, sausages, hot dogs, or other products containing fat or grease are cooked. shall not be stationed beneath an awning or canopy of a building. 24 ' J. PERMIT REVOCATION OR DENIAL The Planning and Development Board and/or the Board of the Community Redevelopment Agency, respectively shall have the power and authority to revoke or deny either the issuance or renewal of any permit applied for or issued under the provisions of this ordinance. In such cases the applicant or permittee shall be notified in writing by certified mail of the denial of a permit application, or the suspension or revocation of an existing permit and the grounds thereof. Any pennit issued under this ordinance may be suspended or revoked by City staff based on one or more of the following grounds: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a) Cancellation of the vendor's permit issued by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation b) Expiration, suspension, revocation or cancellation of any other occupational license or permit required by the vendor. c) The permit was procured by fraud or false representation of fact. d) The abutting property owner or tenant withdraws consent. in writing, for the mobile vending unit. e) Violations of this or any other ordinance, the City's municipal code, or when conditions exist that present a threat to the public health, safety, or welfare. I ! S:\CN.ordinances\Mobile Vendors.doc 11 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 ATTEST: 35 36 37 38 Janet Prainito, City Clerk 39 40 41 (CORPORATE SEAL) 42 43 . I 1 Applicants who have been denied a permit and vendors who have had their permit revoked for 2 any reason, may formally appeal, in writing, within ten (10) days of said denial or revocation, 3 to the City Clerk for a hearing before the City Commission. Consideration of any appeal is at 4 the discretion of the City Commission whose decision is final. 5 6 Section 3. Should any section or provision of this ordinance or portion hereof, any 7 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 8 such decision shall not affect the remainder of this ordinance. Section 4. Authority is hereby granted to codify said ordinance. Section 5. This ordinance shall become effective immediately upon passage. FIRST READING this _ day of ,2007. SECOND, FINAL READING AND PASSAGE this ,2007. day of CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy 12 s:\c A \Ordinances\Mobile Vendors.doc Agenda Item Supplement Typical Examples of Mobile Vending Carts Size 84" x 40" x 40" high plus height of canopy or umbrella. . 110 volt or 220 volt or dry ice versions . Weight about 500 Ibs. . Comes in any color. Size overall: 84" x 28" x 36"; approximately 200 Ibs 9'; 18" 11R" I 6 i/z/ IL~\ ~ 1,0'\ .-.J Examples of 4' x 3' Model V43 Vending Carts shown with optional features and equipment Examples of 6' x 3' Model V63 Vending Carts shown with optional features and equipment ...:..:....,..... :='A':L~O::. ~.;L~ Examples of 8' x 31 Model V83 Vending Carts shown with optional features and equipment Hot Dog Carts Factory Direct 800-915-4683 US Factory Hot Dog Carts 1\ ..... I:.; ~ =E'* .- c: C l1:: g::r: C.J: o '" V ;;:: Q.. r I 0>) ,--. - ("" ~ 3 ..n 0 ~-I::: ,_ V1 :::l .... ;:" 0 . i:: '.0 .~ Page 2 of 4 ~ f". r-., c-f: ~ ...... :c:= ...... I'- Ice Cream Tow Top View http://www.uscarts.net/swf.html ?cartid=5 7 -rl QJ ...., '" "'- Ix: .:11 ~~ rc - 3:5: ..c .Q: :!: . o ....., _jl'r, \, 2<-6 0\0 u~ vlll"l ~.- O~ QO ~g ...J'-' ~.- ~ ~ s l- ce <( u $ ~ ~ <( W 0::: U u..J U 5/24/2007 Hot Dog Carts Factory Direct 800-915-4683 US Factory Hot Dog Carts Page 3 of 4 ~ ~: 5<<) ~ 00 Cl '..0 ~'1 tn If') l?"'" O~ 00 ~a; -..!"'" ~r- ~ ~ :? ... ~ <;t " " o M 0- n ..= I- 0::: <( U ~ ~ ~ <C LU ex: U L.W U t ,- ~ / g,/ ~ ~ J:; E - -r--" ,.._.__._______1:....... WILLY DOG LOCATIONS ARE CURRENTLY OPERATING IN THE U.S.A., CANADA, MEXICO, VEN AUSTRALIA, AND MORE! WE RESERVE THE RIGHT TO IMPROVE SPECIFICATIONS AND MATEF NOTICE. @ 2006 WillyDogs.com htto:J/www.uscarts.net/swfhtml ?cartid=5 7 5/24/2007