Loading...
Agenda 10-02-07 The City of 8.......................................0>.. ..y.......... ....nt. 1,lr'o;//', nt'.; B'~) 8/' ...a}') ell: ..hri. . ..... ..' ..... \./! j I.,.... !.>." / })':;P:: J . ...!!..: .: 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA OCTOBER 2, 2007 Jerry Taylor Mayor - At Large Ron Weiland Commissioner - District I DISTRI T I Jose Rodriguez Vice Mayor Mack McCray Commissioner - District II Carl McKoy Commissioner - District IV Kurt Bressner City Manager 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 October 2, 2007 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Father William Stomski- St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland 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. November 7, 2007 City Commission meeting has been postponed to Tuesday, November 13, 2007. The Agenda Preview meeting will be held on November 9, 2007 at 9 a,m. B. Community and Special Events: None C. Presentations: 1. Proclamations a. National Geographic Information Systems Day - Nov. 14, 2007 b. National Customer Service Week - Oct. 1-5, 2007 Agenda Regular City Commission Boynton Beach, FL October 2, 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. Accept the resignation of Susan Buchanan, a regular member of the Education and Youth Advisory Board. B. Appointments Appointment To Be Made Length of Term Board Expiration Date Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (2) Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (3) Code Compliance Board Alt 9 mo term to 12/07 Tabled (2) Code Compliance Board Alt 9 mo term to 12/07 Tabled (2) Community Relations Board Alt 9 mo term to 12/07 Tabled (3) Community Relations Board Alt 9 mo term to 12/07 Tabled (3) Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2) Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2) Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled (2) Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled (2) Planning & Development Board Alt 9 mo term to 12/07 Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (2) Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (2) Veterans Advisory Commission Reg 33 mo term to 12/09 Tabled (2) Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (2) II McCray III Rodriguez I Weiland II McCray III Rodriguez I Weiland II McCray II McCray III Rodriguez IV McKoy Mayor Taylor III Rodriguez III Rodriguez III Rodriguez IV McKoy Mayor Taylor 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. Special City Commission - September 13, 2007 2. Agenda Preview Conference - September 14, 2007 3. Regular City Commission - September 18, 2007 :2 Agenda Regular City Commission Boynton Beach, FL October 2, 2007 B, Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Approve the Senior Center Emergency Re-roof due to water damage in the amount of $138,400. Re-roofing quotation is based on Bid #036- 2511-06/0D for re-roofs and roof repairs. 2. Award the "TWO YEAR CONTRACT FOR DIESEL/PROPANE GENERATOR & BYPASS PUMP MAINTENANCE AND REPAIR SERVICE", Bid #072-2822- 07/0D to Advance Generator Sales and Service Inc. of Royal Palm Beach, FL in an estimated amount of $71,000. C. Resolutions 1. Proposed Resolution No. R07-115 RE: Approving and authorizing execution of a contract for design services for $322,410 to Miller Legg to provide construction documents, bidding assistance and construction review for the redevelopment of Boat Club Park, the boardwalk/day dock Jaycee Park and replacement of the boardwalk at Oceanfront Park. 2. Proposed Resolution No. R07-116 RE: Approving and authorizing signing of an Agreement- for Water Service outside the City Limits with Frederick Johnson for the property at 1047 Highland Rd. Lantana, FL (Ridge Grove Lt. 61) 3. Proposed Resolution No. R07-117 RE: Approving and authorizing execution of a revised agreement between Palm Beach County and the City to provide funding in an amount up to $380,000 for improvements to Boat Club Park. 4. Proposed Resolution No. R07-118 RE: Approving Task Order U-07-04 for "SCADA AND TELEMETRY GOODS AND SERVICES" RFP #037-2821-07/00 in the amount of $996,397.42 for the replacement of the existing water treatment plant control systems and replacement of the SCADA system. 5, Proposed Resolution No. R07-119 RE: Approving and authorizing execution of an Agreement with Counseling Services Institute, Inc. for an Employee Assistance Program for the City of Boynton Beach employees for an estimated annual expenditure of $10,080. 6. Proposed Resolution No. R07-120 RE: Amending Resolution No. R06-085 deleting William Mummert, Director of Financial Services and Mary Munro, Assistant to the Director of Finance, and adding Lori Laverriere, Interim Director of Financial Services for the City 3 Agenda Regular City Commission Boynton Beach, FL October 2, 2007 of Boynton Beach to the list of designated individuals authorized as signatories for all City accounts at the Bank of America. D. Approve the reduction of a letter of credit for the Marina Village at Boynton Beach from $739,469.23 by 90% to $73,946.92. E. Authorize Mayor and/or City Manager to present Boynton Beach Property Tax Reform proposal to Florida Taxation and Budget Reform Commission Public Hearing on October 10th (Miami-Dade) or October 11th (Broward County). 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. A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owner: Location: Descri ption: Railroad Avenue (ABAN 07-005) Jeff Tom berg 4th Street LLC East of the F.E,C. Railroad between SE 2nd Avenue and SE 4th Avenue (adjacent to 399-417 SE 4th Street) Request for abandonment of a portion of Railroad Avenue right- of-way approximately 30 feet wide by 484 feet long. (1st Reading of Proposed Ordinance No. 07-029) SE 4th Avenue (ABAN 07-004) Jeff Tomberg 4th Street LLC Between Railroad Avenue and SE 4th Street (adjacent to 416-417 SE 4th Avenue) Request for abandonment of the west one-half of SE 4th Avenue right-of-way located east of Railroad Avenue, approximately 20 feet wide by 122 feet long. (1st Reading of Proposed Ordinance No. 07-030) C. Amending Chapter IV Site Plan Review of the City's Land Development Regulations specifying the circumstances wherein Conditions of Approval on a given site plan pertaining to "Unity of Title" may be released. (1st Reading of Proposed Ordinance 07-031) IX. CITY MANAGER'S REPORT: None 4 Agenda Regular City Commission Boynton Beach, FL October 2, 2007 X. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School - January 2008 B. Discuss Possible Funding for Board Recognition Dinner - December 2007 XI. NEW BUSINESS: A. Discuss request by developer for annexation of balance of Gulfstream Gardens parcel into the CRA. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-026 Re: Amending Article 1 of Chapter 2, Section 2-13.2 relating to the Community Redevelopment Agency (CRA) to provide that the City Commission shall be the governing body of the CRA and the Mayor and Vice Mayor the CRA Chairperson and Vice-Chairperson. 2. Proposed Ordinance No. 07-027 RE: Amending Part III of the Land Development Regulations, Chapter I, Article V. Impact Fees and Dedications revising the definition for residential unit to exclude hotels, condominium hotel units, extended stay hotel units or timeshares. 3. Proposed Ordinance No. 07-028 RE: Amending Article III, of Chapter 18 of Boynton Beach Code of Ordinances, entitled "Pensions for Police Officers" and amend Section 18-172 providing for buyback of service. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-032 RE: Amending Chapter 23, Article II of the Code of Ordinances of the City of Boynton Beach, entitled "PUBLIC SERVICE TAX" by adding a new Division 4 to impose a ten percent (10%) utility tax on the purchase of water service within the City. D. Resolutions None 5 Agenda Regular City Commission Boynton Beach, FL October 2, 2007 E. Other None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATIER 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 lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Agenda 100207 9/28/07 10:00 a.m. S: \CC\ WP\CCAGENDA \AGENDAS\year 2007\100207.doc 6 III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a 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 City Clerk's Office 0 August 21, 2007 August 6, 2007 (Noon) 0 October 16, 2007 October I, 2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon) 0 September 18, 2007 September 3,2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) [8J October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon) ("") ("")~ ::::;-< --<0 ':J ..,., ; - t::I CTJo "J ~~ ::;5 RECOMMENDATION: Present Proclamation -0 v?~ :z a - 0-.- EXPLANA TION: Geographic Information Systems Day was created in 1999 to promote geographic information ~te~; technology towards educating schools, the general public and organizations in order to showcase the important us~thiP;; technology to resolve issues in government, education and science, environmental management and national resources. 1ii~ City of Boynton Beach is committed to this year's GIS theme "Discovering the World Through GIS" in order to showcase GIS applications to schools, organizations and the general public, [8J Announ cern ents/Presen tati on s 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 0 Consent Agenda 0 Legal -.J "" 0 Code Compliance & Legal Settlements 0 Unfinished Business f'T'/ -U 0 Public Hearing 0 -.J PROGRAM IMPACT: This Proclamation will help raise public awareness of GIS technology and its practical applications, FISCAL IMPACT: None AL TERNA TIVES: Not present Proclamation u/~~ ~A ~ Depart t H';;j,s Signature City Manager's Signature Public Affairs Assistant to City Manager ~ Department Name City Attorney I Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC llroclamatton Whereas, The City of Boynton Beach is extending and expanding invitations to schools and the general public to increase the understanding of Geographic Information Systems Technology; and Whereas, National Geographic Awareness Week is November 12 - 16,2007: and Whereas, the first GIS day was in November 1999 and was created to promote Geographic Information Systems technology towards educating schools. the general public, and organizations in order to showcase the importance of the technology: and Whereas, Geographic Information Systems technology is utilized to resolve issues in Government, Education and Science, Environmental Management and National Resources: and Whereas, National Geographical Information System (GIS) Day is November 14, 2007; and Whereas, the City of Boynton Beach is committed to this year's GIS theme "Discovering the World through GIS" in order to showcase GIS applications to Schools, Organizations, and the General Public. NOW THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim November 14.2007. as: ,t!ational ~eograpbi( 3Jnformation ~p~tem~ j1Bap IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 2nd day of October, 2007. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) !:\"'f :".0", \ I. ..... .... \ r. I l3l\ iJ:: 0\ . .. /0 ;-\', ,/;~ \" ~"ON0. III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.b 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 August 21, 2007 August 6, 2007 (Noon,) 0 October 16, 2007 October 1, 2007 (Noon 0 September 4,2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon) 0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) [8J October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report C) -.J NATURE OF [8J Administrative 0 New Business "" I'Tl AGENDA ITEM 0 Consent Agenda 0 Legal -0 0 Code Compliance & Legal Settlements 0 Unfinished Business -.J 0 Public Hearing 0 -0 ::::i: ("") n=4 ::j-< -<0 c; ...., '-OJ ""0 :Y-::: 'J1~:z ,:.:)-1 o '::)2: ""T1 -"cn - I'T1 (""):> rrln ::t: .r:- RECOMMENDATION: .. Proclaiming the week of October I through October 5, 2007 as National Customer Service Week in the City ofBo~n Beach. EXPLANATION: As an organization dedicated to serving the public, the City of Boynton Beach fully supports the ideas and practices embodied in the attached proclamation declaring National Customer Service Week. Special events scheduled during this week will remind our customers how important they are to all of us. PROGRAM IMPACT: We, as a City, can positively impact all of our customers by continually striving to improve our level of Customer Service. FISCAL IMPACT: (Include Account Number where funds will come from) None ALTERNATI~VE.. : N one I; I'll \<i-', ~ g \7 -- 1:;' . Department Head's Signature ~ City Manager's Signature Assistant to City Manager C~ Utilities Department Name City Attorney I Finance XC: Peter Mazzella (w/attachment) Anthony M. Penn File S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC A An entity built on customer service understands and anticipates the customers' needs, It designs goods and services to meet those needs and builds products that perform to customers' expectations. The City of Boynton Beach strives to deliver services to its citizens in such a manner, with an emphasis on quality and innovation, The City endeavors to be responsive, cooperative, and culturally and environmentally sensitive to its citizens, while embracing the highest standards of integrity and accountability to those it serves, The U.S, Congress proclaimed National Customer Service Week a national event in 1992 to create a positive message that lasts all year long and to provide a productive opportunity to generate an even stronger ongoing commitment to customer service excellence, National Customer Service Week provides the City of Boynton Beach and area businesses the opportunity to recognize and thank the employees who dedicate themselves to customer satisfaction and to recognize and thank the customers who are the reason for their existence. This celebration also offers the public the opportunity to recognize and thank those customer service professionals who serve them, The theme of this year's National Customer Service Week is "Connecting with Customers." There is continued effort at the City of Boynton Beach for achieving excellence in service, products and environmental quality through integrity, stewardship, creativity, diversity and innovation, Customer service professionals can go a long way in ensuring customer satisfaction, Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim October 1 - 5, 2007 "National Customer Service Week" in Boynton Beach, Florida, and urge all citizens to observe this week with appropriate programs and activities. In witness whereof, I have set hereunto my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 2nd day of October in the Year 2007. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) v. ADMINISTRATIVE ITEM A. Pyle, Judith From: Claude, Sherri Sent: Friday, September 14, 2007 9:40 AM To: Prainito, Janet Cc: Pyle, Judith; 'srw41@bellsouth.net' Subject: FW: msg from Susan Buchanan. From: TomorrowCn@aol.com [mailto:TomorrowCn@aol.com] Sent: Wednesday, September 12, 2007 7:12 PM To: Claude, Sherri Subject: msg from Susan Buchanan. Hi Sherri, It is with regret that I must inform you and the board that I will be resigning due to my teaching schedule. It, and other Board memberships, have already caused me to miss the maximum allowed times, This semester I have been assigned to teach night classes which will make it almost impossible to attend the meetings. This schedule is subject to change each semester so it is always difficult for me to predict my availability . It has been an honor to be a part of this board. I feel it only fair to the dedicated members that all members work as hard as they do, Since I cannot do this for the rest of this semester, I hereby submit my resignation. My best wishes for the continued success of this outstanding group of people. Susan PS I wish to send a notice to Steve as well. Will you please send me his current email? thanks! See what's new at AOL.com and Make AOL Your Homepage, 9/14/2007 V. ADMINISTRATIVE ITEM B. APPLICANT ELIGIBLE FOR APPOINTMENT 10/02/07 NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPUCATION SUBMITTED Cwynar William Planning & 02/28/07 Development Board Immer Judy Community Recreation & 9/24/07 Relations Bd Parks Bd. Krabill Thomas Veterans Advisory 9/17/07 Commission * * * 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. S:\CC\WP\BOARDS\APPMENTS\Board Year 2007\APPLlCANTS ELIGIBLE FOR APPOINTMENT 09-18-07.doc 1 CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATIOi\J Thanky'Ju for '(Jur interesc in se:ving on a Ci::y advisory board and for taking :-e t'~e to.ci D_.~ ~;5 ;0":'- Please print or type all answers clearly. If interest is expressed -I apJo:-,:::'T"ie,-::::o ~='-': ::rac-, :::-,,: beard, seieccions must be prioritizec. If :nstructior:s are not followed or ::he 3PQ,ic3tJ1S rD:: ':-1 e::: ,j-:: ;-::5 er,tiie::YI ::h2 forill 'Ivi!l be re::xnec hr cI3ri~caLion. [\ a r' e -:)' Ub '-I ~y\{ -S ,N\ Vv\I&{ Teiephore:# 5G I -I ol:. - S-I ).-1 ~o (fl-.- ~;J Co:::e 33"-/ ~ C:urr-2n: ~ CJ2 ~J ' ! ~L,\ f'-h'Y\ ~ ~uYf{ Addr255 OccJpation E:dJc3tior,--1 S ~~ (l.lL~f\ Are ,/DU a reg,stered voter'~' Do you r2sioe within the Boynlon Beach Ciry' limitsl Do you own!mar,age a business \Nithin ::ne Ci:-y iiGlits: If "Y2S": name of bL!siness \r2 y'DJ curreil~:'/ ser\Jing or; a C:;ty: boord? --<C',I- \""0:' S'=>I'"'IO"'; ""n ;0 Cin! 'ooa~" :,.., '-'no 1'"';0-,1 I I v:: fV..J '-' v............ vi. W ,'...y I, ,'.....:, I 1"'1 '-' 1'---::::... If 50, which board(s) and wher,1 V'yes ,/vc- , -:> .,' e5 - ,~ \/ Yes Yes V:V \ .r<=- Have you ever been convicted of a cri:r,el If so, when (,0 v\.',:ere Pi ease Indicate by "UGlJer to wnicn ad'/iso,/ ooar::1(s) YO'J are ol1!y one board. Piecse do not ClecK more than three Joarcs, the most desired and 3 being the leas~ preferable. For Joard times and dates, see the attachec iisting, seeKln<;j 2Jp'Jirtr"':ert, \D_ T::. 52:-,e :- Prioritize YO_I c:hoi:es J\~/ ::....~-:::'~-I : ='~.~'~ reCJuj~erne;-I:Sr resp,J....~siDjlitjes ~'--',C :; \ :~\dv:sory B02re on Children &. Yoc.:::n Building Board or Acjustment&. AJpe2iiS Cemete')! Boaid Code Com:Jliance Board C=ommunity' Reiations Board ':ommunity RedeveloprT'ien: ,~genc,!'" E:ducation Advisory' Board ., ,-.r S~~OI~,rv 1e.,dj.) employees' Pension Board r=i:~figli-=2:S' :)er~5ID:i :.-1__;5: :: -"""= C;oif C~OUIS2 ,~C~'\i:S'~;y' (=;JiJ'-'-"::~= Library' 30a-:: :~ uisance ,6,:i2te~2,~!t 3c 2- ~J ;Jianring &. Je.;eico-:-e,-:: 5:::0-: ::>olice Officers' Re::irerel: ----'5:: =~-c ~ d- ::>,e("ea:o-, &. Pa-ks 3e,::;-:: Seni'Jr .!:.c'/sr.i 5::arc: * Resume required :3 " l.:l .) 0 S. ;.:.:: :, .l i J . ...J i -'- '~:,"1 1 ""'", 1 I l' H::l\l38 tWlil !,,;:; ..-JU hL' What personal qualifications do you possess (i.e., profession, previous experience) which you feel would '1ke you a good candidate for this board? Please be specific. First n.' Il~ - n ^,j Choice: \J....4.-. 0,- ~ts,J\J'-~1 ~ clu1~ ~ ~, ~ ~-~~ J.-MAl.u-~~(~, ~~:1 ~~I ~'--L; ~-e.~ ~~ ~1:0J~). (l.,~~ .~)-jh .~ ~ '('JO!t::L ~_~~~'~~Qb~ ~~.j..CM- ~ ~*~'~\D-~~Uf'-~~ C~ A]'~~ ~~~, f~UA~.Q-1 'Q.A. ~J)-1"T 11t, .~.~ ~c.., 010 \.\ 0 .~ ~I ~_ aA-I'- \f-U\.A,~ ~~ w-cth ~ \' ~~II ~;t- oe-=-~ ~tLoy). ~u~t~ ~ ~ ~r .~~ C,,5V'f>-N\^_JT!LL6 ~ tY\-t~ o~ I ~ l .I~O~ ~ \J~ ~ \yv../~~ V\..U....~~ \bv~< ~ ~ W~~ ~ ~.ch ~ -to Q C~1)A oJ.. ~ CV1-- ~~ Cf"r':zlu.. ('A"fTh.N'N. 1/Y\A:G(s ~/\ \)..{) o..A-el. ~ \0~ ~ ~ ~ 0- ~~~ GlJ--rct..,-^--~(l . -or Feet free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. O. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank,aJile to which Commissioners ma'y'turnJorcandidates whenuboaf'd openings occur. I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. Signature:~ ~ Date: g \ 11\01 np 3;:?'10 [:3 2:07 PM j:"snr.:;s;:a\cc\wp\boarcs\appments\master form - talent bank form.doc JUDY IMMER 344 Spruce St. Boynton Beach, FL 33426 (561) 706-5121 alwayslucky1@msn.com EXPERIENCE: 9/99 - present Purity Wholesale Grocers, Boca Raton FL Benefits Manager . Fully responsible for all aspects of the benefits program, such as self-insured medical, fully-insured dental, vision, life, AD&D, long and short-term disability, FMLA, dependent care and medical flexible spending accounts, HIP AA, and COBRA. In addition to the medical benefits, responsible for all aspects of the 401k plan, workers' compensation, safety, supervision ofthe maintenance department, quarterly unemployment taxes, in-depth lmowledge ofHRlS systems, recruiting, and new hire orientation. . Medical benefit duties include obtaining quotes and selecting vendors as needed during the annual renewal process; key liaison between benefit consultants and Purity; troubleshooting employee issues with vendors, monthly enrollments and terminations, weekly tracking of claim expenses, processing monthly bills, in-depth lmowledge of plan documents, conducting health fairs at both the headquarters in Boca Raton and the warehouse in Lebanon, Indiana, and all other benefit issues that arise. . 401 (k) responsibilities include annual fund review, discrimination testing, quarterly enrollments, terminations, loan processing, monthly reconciliation reports, QDROs, and bi-weekly transmittal of employee contributions. . Shared recruiting responsibility for all positions in all states, using newspaper ads and employment agencies. Involved in initial phone interviews and arranging for secondary interviews with managers. . Processing of quarterly unemployment taxes for 39 states and Puerto Rico. Prompt return and completion of unemployment compensation requests from former employees. . Supervised the maintenance department whose duties include any and all building repairs and preventative care, vending machine issues, petty cash, purchasing suppljes, etc, 6/96 - 9/99 GeoSyntec Consultants, Boca Raton, Florida Sr. Human Resources Generalist . Detailed understanding of HMO and PPO benefit plans, medical and dependent care FSAs, 40 1 (k) Retirement Plan, short and long-term disability, life and voluntary life insurance coverage, FMLA HIP AA, employment law, and corporate policies and procedures. . Conducts all aspects of benefit administration such as new hire enrollment, reconciliation of insurance premiums for self-funding accounts, COBRA documentation, follow-up and resolution of various benefit problems and employee concerns. . As the HRlS system specialist, responsibility included creating ad-hoc reports, updating system enhancements, inputting new hires, recording payroll changes, etc. Evaluated several HRlS systems for implementation in 1999. . Various human resource duties such as providing termination materials to department employees, monthly compensation analysis using excel spreadsheet and conduct research projects on specific issues as they arise. . Supervise and train the Human Resources Secretary. EDUCATION: 8/93 - 12/95 Lawrence Technological University, Southfield, Michigan. Bachelor of science degree in Business Administration with emphasis on Human Resources. 12/91 - 8/93 Oakland Community College, Farmington Hills, Michigan. Associate of science degree in Business Administration. I C '-J'-.;f (......<'7 ('i' 7/,' 'd'" / -L' -J... :.....,Cf'!.--.. .A_,,(.,..'__....... ,- ,'1/ ~J CITY OF BOYNTON BEACH {~~>[ijJC1~J ADVISORY BOARD APPOINTMENT APPLICATION Tr ank you for your interest in serving on a City advisory board and for taking the time to fill out this form. PI.~~ase print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Name~6MRS'M, K~A\3.iLL Telephone#56f-797-C)373 Address' II l/-f j,AK~ /~f<J2__1 2D ~ r1 Zip Code :5.3V~ E-rnail Address: KRUZ/;.! if ICIH61MAlL , CoiV'. ~ i~~ ~ r'ki~ ~c\ Cd .:J -., .-OJ --J 2~ -... -0 .:.})~ <=) .:::;:.- N "'l~ 'ltD G., :-: c:: c.." 1"'\"1 C; Ple:lse indicate (by number) to which advisory board(s) you are seeking appointment. You may serve on onl)' one board. Please do not check more than three boards. Prioritize your choices by number, 1 being the most desired and 3 being the least preferable. For board requirements, responsibilities and meeting tim:~s and dates, see the attached listing. Current occupation or, if retired,;J 1--. ' ;J pri:>r occupation .A q, r:$f1/l.D lZ>IJi))e..J3/2 Ed .Jcation fj ~ H ~M 6 L- (}eR1.J "---Y ;1.,/'1 (../ ~~/./? Are you a registered voter? j!;. Do you reside \/vi:hin the BO'>'iiton Beach Ci'c">, limits? Do you own/manage a business within the City limits: If "yes", name of business rE: you currently serving on a City board? Ha:e you served on a City board'in the past? Ifso, which board(s) and when? !/Yes No ~\,(::"C Yes r, ' " 1\..,. :x No '{es Yes - Ha'/e you ever been convicted of a crime? If so, when where __ Arts Commission ___ Building Board of Adjustment & Appeals ___ Cemetery Board ___ Code Compliance Board ___ Community Redevelopment Agency* ___ Community Relations Board ___ Education and Youth Advisory Board ___ Employees' Pension Board Firefighters' Pension Tn..isrFOfid-- Golf Course Advisory Committee Library Board Planning & Development Board Police Officers' Retirement Trust Fund Recreation & Parks Board Senior Advisory Board Veterans Advisory Commission** :j. Resume required **list Branch of Military Service or Organization on Reverse Side. S:\CC\WP\BOARDS\APPMENTS\Master Form - Talent Bank Form.doc Revised 1/11/2007 11:16 AM .-'y What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. First AI\' ;] r71 r Choice: I v ~J- r ~ .~ 7.. Y ~ftf(>} ,0 4.--)0 S ft yv uJ ITh. j--J -,; [J1DLD~6b 2-'1 Y.D{rt5 0P- 7k . bJ-lRftl L M,Lfhtt, / / / Second f . Choice: --.:> E - I TI IS rR- f2> - W 'If'!. LJ'AJ MJ1. H;u I<- YJ-7?fZ S, B~r:.M A MF.J1 k72 0 [ 1M c )/ nJ ;( Yerl.f:5 /1Y) r')I{n Lr//;; ,J18t1Ja CJF?hE /)tlf12Ifi.!?JJ LE:11tIA) Third Choice: Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. O. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any fa . atements m be cause for removal from a board. Date: LJ 9-/5 - /) 7 , I Revised 1/18/07 4:20 PM S:\CC\WP\80ARDS\APPMENTS\Master Form - Talent Bank Form.doc " "t(("\'Y~~)t> ',V '" :t r:,,~~/ ! VI.-CONSENT AGENDA ITEM 8.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned iI Requested City Commission Date Final Form Must be Turned in Meeting Dates to City Clerk's Office Meeting Dates to City Clerk's Office 0 August 21, 2007 August 6, 2007 (Noon,) 0 October 16, 2007 October 1, 2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon) 0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) [8J October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [8] Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the Senior Center Emergency Re-roof due to water damage in the amount of $138,400. Re-roofmg quotation is based on the City Bid #036-2511-06/CJD for re-roofs and roof repairs. EXPLANATION: Staff has recognized over the years roofleaks at the Senior Center due to the conflicting rooflines. The building has been modified and expanded a number of times causing incongruent roof intersection points. This problem has compounded into several bubbles in the roofmg materials on both the flat deck areas and the sloped roof areas along the flashing at the roofmg intersections into the deck areas along with problem areas around several abandoned ventilation pipes. Staff had allocated $500,000 in CIP FY200912010 with the intention of placing an entirely new roofing structure upon the Senior Center that would eliminate the problematic roof intersections. However, as a result of a recent remediation issue, we must move quickly to ensure a watertight facility. The interior of the Senior Center is sustaining water damage to the drywall and suspended ceiling along with creating the threat of damage to equipment and furnishings. As noted, funding is projected in the future years of the Capital Improvement Plan for a redesign and construction of the entire roofmg system, but it now appears that it is not advisable to wait due to the present water intrusion. Based on the angle of the sloped roof areas and to address the aesthetics of the building based on its age/design, we are proposing barrel tile for the sloped roof areas and built-up for the flat deck areas. PROGRAM IMP ACT: The roof on any building is of vital importance to the protection of the structure from interior walls to electrical systems to contents. Although this proposal does not satisfy the full architectural and aesthetic goals of the proposed project in FY0911 0, this maintenance project will nevertheless achieve our pressing current need to provide a watertight roofing system. The project will address our roofing needs for the next 15 to 20 years and it will do so at a cost savings to the Five Year CIP Plan in the amount of$361,600. FISCAL IMPACT: $138,400 in the FY2007/08 CIP budget. Staff will identify cost savings from other projects, or other projects that can be deferred in order to fund this work. In no scenario will the FY2007/08 CIP expenditures exceed the levels approved by the City Commission as part of CIP approval in the FY2007/08 Budget. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Continue to patch suspicious areas on the roof and possibly su tain additional water damage, until the ally re-roofed or the r g system is re-designed. City Manager's Signature PJbL c WoctL-> Department Name Assistant to City Manager {;h/Ii-/ City Attorney I Finance S:\BULLETTN\FORMS\AGENDA ITEM REQUEST FORM.DOC . -",'. ~. , ..;. ," i.o. - . ;!- - I, j r I 't; , 'j I~ ' .. ,i 1 .) ROOF SYSTEMS, INC" State License #CCC1325862 Therma Seal Roof Systems, Inc. 1011 Fairfield Drive West Palm Beach, FL 33407 Phone: (561) 721-9921 Fax' (561) 721-9922 Septernber13,2007 City of Boynton Beach Public Warks Paula LeBlanc Boynton Beach, Florida Re: Senior Center Dear Mrs. LeBlanc. Sinned Roofs: (specified and recommend Tile because ofJow slope) 1. Tear off and dispose of the existing roofing down to decking. 2" Adhere ~ith hot asphalt 90# tile underlayment over mechanically attach an ASlM 30#., 3. Install all new 26 gauge galvanized metal flashing. 4" Install Spanish S barrel tile (foam set) color to be selected by owners. 5. 50 year tile warranty Flat Roofs: 1. Completely tear off and dispose of the existing roof systems down to a smooth workable surface. and install a base sheet over the rosin paper attached to the plywood deck using nails and tintags per code. 2. Install all new 26 gauge galvanized metal flashing. 3. Furnish and install gutters and downspouts to replace existing. 4. Remove and in-fill abandoned curbs and doghouses, @ $40.00 l-"Ier man hour. S, Solidly mop one ply of modified bitumen over two layers of premhun itmer plies, in hot asphalt. 6. 20~year manufacturers NOL warranty. 'j Include Ale, Plumbing. and Electrical work necessary for the re-roof. 8. Licenses. insurance, permits. hoisting, clean-up, labor and materials included. Prices: Modified Bitumen @ $8.00 per square foot x 5300 ,., $42,400.00 Tile @ $10 per square fo\)t x 9600 = $ 96,000.00 Yours truly, '''r .l,"i/.., ,/, ;/:'/l;/" ~ . Mike ).rca;d" Estimator Solutions Driven. Customer Focused. VI.-CONSENT AGENDA ITEM B 2 CITY OF BOYNTON BEACH · AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1,2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon) 0 Septernber 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) [8J October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November] 9,2007 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative 0 New Business AGENDA ITEM [8J Consent Agenda 0 Legal D Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: A motion to award the "TWO YEAR CONTRACT FOR DIESEL/PROPANE GENERATOR & BY PASS PUMP MAINTENANCE AND REPAIR SERVICE", Bid#072-2822-07/CJD to Advance Generator Sales and Service, Inc. of Royal Palm Beach, Florida in an estimated amount of: $71,000.00. CONTRACT PERIOD: DECEMBER 2,2007 TO DECMBER 1, 2009 EXPLANATION: On September 6, 2007, Procurement Services received and opened six (6) proposals. The proposals have been reviewed and it was determined that Advance Generator Sales was the lowest, most responsive, responsible bidder who met all specifications. Advance Generator Sales & Service has our current contract and has proven to be a responsible, capable vendor performing satisfactorily. Paula LeBlanc, Facilities Management Supervisor and Dan Spooner, Utilities Manager concur with this recommendation (see memo#07-096 and #07-121). PROGRAM IMP ACT: The purpose of this bid is to secure prices for a period of two (2) years for Maintenance/Parts and Repair (labor & parts) for emergency diesel propane portable and stationary generators and by-pampu~ located throughout the City. ~ :::;-< f'T'/ -< <:> The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, ~d p~ subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best iHtere1$(ftf . ~~ ~C~ ~.z ...".. :n-; ...... 0 ESTIMATED EXPENDITlJR&..> ,:g;;;:: "T) c:o .-=; rT1 U1 ::" 1::.- ("") ::r:: FISCAL IMPACT: ACCOUNT#: 001-2511-519-46.25 401-2810-536-4620 401-2811-536-4620 401-2815-536-4620 401-2816-536-4620 401-2824-536-4620 TOTAL: $15,000.00 $ 500.00 $19,000.00 $ 5,000.00 $31,000.00 $ 500.00 $71,000.00 (Facilities) (Utilities) (Utilities) (Utilities) (Utilities) (Utili ties) S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Paula Leblanc - Facilities Management Supervisor Daniel Spooner - Utilities Manager File ~.'-"':',,Y,c, ,'( G, , t-. (~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Last Years Expenditure: Facilities: Utilities FY 06-07 FY 06-07 $23,792.08 $44,805.10 $68,597.18 Department Head's Signature City anager's Si nature Assistant to City Manager (~ ~ City Attorn,y! Fim",,, ALTERNATIVES: It is imperative that we maintain the generators all year fo there are storms. :&i1aL)~~ S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Paula Leblanc - Facilities Management Supervisor Daniel Spooner- Utilities Manager File MEMORANDUM UTILITIES # 07- 121 RECEiVED SEP \ 2007 From: Bobby Jenkins, Deputy Finance Director Procurement Kofi Boateng, P.E. ^ ~rr- I Utilities Director \1..V V'. ....~ PRO\,,\. . To: \' ~ \L~ q \''-'<\0+ Date: September 12, 2007 Subject: Diesel/Propane Generator & By-Pass Pump Maintenance Bid Bid #072-2822-07/CJD Bid Award Request Bids were opened for diesel/propane generator & by-pass pump maintenance and the tabulation sheets have been reviewed. The Utilities Department recommends that the bid be awarded to the low bidder, Advance Generator. Advance Generator had the previous bid and has proven to be responsive and capable. The estimated and budgeted expenditures $5~,000.00 from Account #s 401-2810-536-4620 401-2811-536-4620 401-2815-536-4620 401-2816-536-4620 and 401-2824-536-4620. for Utilities for FY2007/2008 are $ 500.00, $19,000.00, $ 5,000.00, $31,000.00 $ 500.00 I have signed and attached the bid tabulation sheets. If additional information is needed you may contact me directly at extension 6401. KB/hs Attachments Cc: Dan Spooner Melvin Pinkney Dave Ailstock George Peck Les Sarkkinen Barb Conboy Michael Low DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 07-096 TO: Bobby Jenkins, Deputy Finance Director PROCUREMENT ~~/ "._.._~""" FROM: Christine Roberts, Assistant Director of Public Works Paula Leblanc, Facilities Management supervis~ ./ September 10, 2007 Ut THRU: DATE: SUBJECT: Diesel/Propane Generator & By-Pass Pump Maintenance Bid Bid #072-2822-07/CJD Bid Award Request I attended the bid opening and I have reviewed the tabulation sheets emailed to me. I would recommend that the bid be awarded to the low bidder, Advance Generator. Advance Generator had the previous bid and has proven to be responsive and capable. The estimated and budgeted expenditures for Facilities for FY2007 is $15,000 from Account #001-2511-519-46.25, I have signed and attached the bid tabulation sheets. Should you need any additional information, please call me at Ext 6205, Attachments Copy: Carol Doppler, Procurement Buyer Barbara Conboy, Utilities Manager Daniel Spooner, Utilities Manager Victor F, Wooten, Crew Supervisor PW Files (/) Q) OM .!oJ 'M .-I OM c.J cd r.x. c.J !:l cd .-I ~ Q) H oIC cd oIC .-I oIC ::l oIC cd en p-< ~ ~ ~ U ~ ~ ~ U ~ P-< en ~ en ~ ~ ~ f;3 ~ ~ j:l:l ~ ; ~ en ~ P-< en ~ .. ~ ~ en ~ P-< en .. E-I en ~ ~ 8x')'J oK 11)(0 >. oK ..a oK ..a oK 0 oK ~ H o (/) OM :> H Q) p,. ::l U) .!oJ !:l Q) El Q) 0() cd !:l cd ::E: H o .!oJ c.J Q) H OM o ~ 0:: o I- c2W Wo Z_ W> e>o:: WW Zen <to:: 0..- O<t o::fh 0..0:: - ..JO Wz f3<t OW o o::Z O<t u.Z I-W 01- ~~ I-:E Zo.. O:E O::J 0::0.. <ten Wen >-<t 00.. ~~ en a:i c- ~O~ '_~ 0 ~ -E -g :Q o Cll (5 Q) "* (J) :: "C ~ ~ Ol ctI c: .9 c "S: Q) '~ .~ ~ ~~8._~ '0 Q) lI) Q) E; ~ rJ) ~ ~ .5 ~ ~Q)"CQ) .g :; :m ~ a5 '0 ~ .~ > en ::::J >- Q)~cn~ :; -as ~ <1l ~ ~ '5 ~ (/)~Q>ro 05>-'=>' :::: .~ (3 ffi 9 ~ <( - I'-- o o N cO 0:: LU co ~ . LU~O f-c..-" c..ou LU('t")- (/)..1'-- .. N 9 LU.. N f-LUN <(~CX) Of-~ LULU~ ::>::>0 00=1:1: 000 - -- CO CO CO g ;:::: - 0 - I{) C 0) I{) en ..... 0 ell ' ('t") ~Q)OjE~<O .- Q) N .- "'" 0) ~(/)';:'('t")2 I cb Q) u..I'--N (/).J::...J~O"," l-.......LLU""'d" I Q) OJ _..:::.. r-- :1:No-n;=lt:O oo>-oa..Q)"'" f-"-C c.' o~co~ .5::! ..- L.. :t:: .J:: ell 'E 0<( atLL ell - ~ ~ 0) I{) en>' 00 L.. ell OJ COO .9~l'--ellcOO)o ell ..- .- OJ Ci3:::C('t"),gOj~ cf-('t")Q)J>Oj Q)~...JLLo:i5 (9..-LLeM, L..> --0.;.:1{) Q)> >'Q)-O :1:Z.!l2a..~M a..oo-o..o>< Q) c .J:: ell ="'"~:t:: Q.LL <(OJ <(Q) 0) _ Q) I- ~~ €~ ~ ell (") NI{) -w:iS . ~ (") .!!l "'t OJ ~ '- C) -.J"E CO .,.... ~cQ)u.oo>o .1 ell - Q) - () r-;- M ~~ L.. a.i.;:, '5 "'C ..- M ""~U(/)ro~~r-- -= .- Q) ...'" I ~c:.sal'5..~ ~..... Q)O) EO:: ~I{) 9l(/)1{)-..0.. c:cdU;&~.J::~ .....L- ~ M Cii <( at LL 1'l\~ ~~ Q5 * 0:: I- (/) 0::: o o Z LU > o Z o o Lri r-- ffl o Z o C! o <0 ffl (/) LU >- o C! 0) M ffl ..- =It: ~ ::::l o Z LU o o <( LL o I- a.. LU U LU 0:: :::J LU (/) !:!:!o:: O::::l 0:::0 O:::C LLo::: LULU ~~ o:::Z 0<( co:::C :5frl O~ o::LU <(Z 0<( Za.. <(0 1-0:: (/)0.. o ~ N ..- ..- ffl o o o 0> ffl o C! 0) M ffl :::J LU (/) LU 00::: O::::::l 00 LL:::c LUo::: ~LU 0::0.. 0:::S:2 OZ CO<( :5[5 >-LU O~ ZLU LUZ (9<( 0::: a.. LUO ~o::: LUll. o o o I{) ..- ffl o C! o o ..- ffl o I{) cx:i I{) ffl :::J LU (/)0::: !:!:!::::l 00 o:::::C 00::: LLLU LUa.. ~~ 0:::<( o:::C coO :5~ ~LU ::::lZ -<( ~a.. LUO 0:::0::: 0..0.. ~ ~ .,e. ~ ~ ~ (/) l- n::: <( S~ ....0 ~~ -3ffi ~ :;E scn -~ <( l) 1:20 COLU '::)(/) ...J'::) ~ ~ ~ (/) LU >- ~ (/) LU >- (/) :::c o LU I- LU o :> 0:: LU (/) LL 9 ~(/) - (/)Z ~ :J Q :D 01- = ~ ~ ~f= coO::: ::::lLU (/)0 o Z (/) LU >- (/) LU >- i? :::c 'f) ;: 'i:l: <( cd :::c (/) I- LU 0::: ~ LU <(o:::~ ZOLU I-LLo::: OLU(9 ;:::~O ZI-Z OLU'- O(/)(/) >-z!:!:! 000 Za..Z LU(/)LU (9LU(9 0:::0:::0::: LUOLU ~Z~ LU<(LU (/) ...J <( (/) o 0.. o 0::: a.. o Ci5 LLO OLU o:::~ LU_ CO:;E ~co ::::l::::l Z(/) (/) LU >- (/) LU >- (/) LU >- (/) f- LU LU :::c (/) LL LL o ~ o LU :::c o Z o ~O ULU u::~ C3~ LUCO 0..'::) (/)(/) ~ 0::: o ~ WW zO W> 00::: WW zen <0::: 0.- 0< 0:::0. o.W _0::: ...Jc Wz f3< Ciw o o:::Z 0< u-Z I-w 01- ~~ I-:!: Zo. o:!: O:J 0:::0. <en Wen >-< 00. ~~ ~ a) C ::::: E 0 o :;:; ~ ~ -g :Q o CO 0 CD ~ VJ ~ ~ ~ ro g' E c "> CD "m .~ ~ ~~8.~ -g~~cn ~ ~ .~ ~ (J) Q.) "C Q) o .r::. ~ U '0 - "E- Q) a5 '0 n .~ > (/) :::::J >. CD ~ rJJ ~ = Q5 ~ 03 E E :& .<= ,g :;::::: 0 Q) (/)~03ro ~ .ffi :E ~ p ~ ;;: ,~ f'- o o N (!) 0::: UJ CO ~ . UJ~O 1-0...-, o...oU UJ(V')-- CJ)Nb LUUjN I-~N <(-~ 01-, UJUJ~ ::>::>0 OO=t:l: 000 - -- CO COCO u ..- C f'- - 0 ui.....~~9~ ~Q)coEC'?co .- Q) N .- ~ 0) i:: C/).;:o C'? 0:::Q) , cD Q) f'-N ~.sU:-D~~ Q) co _'C.. f'- 3:NOCil=l:i:O 00)"00...Q)'<t I-..-c coo oell"o~ .~ ..- 0;:: B .c ell C <( ii} u.. ell - ~ Q) <( I- 0) L{') ~ ~ 08 .8~g:~ooa; ell ..-'- co 0 CD :r: C'? .~ co N cl-C'?Q)J,oo Q)r;::...Ju..0~ (9..-u..oC'?, .... > - -0.;..: L{') Q)> >.Q)....O 3:z~o...~C'? o "0 oo o...oQ)c,g~ = '<t :2 :t:: Q. u.. <(~ <(~ Q) I- en Q) Cij C/) .c t o .Z aU"" ..... c Q) ell-Q) .... -.... Q)Q)..... c .~ C/) Q)i::.c (9Q)0) Q)(/)L{') g06U; ell C'? > N ~ ..- C/) 0::: o o z w > ~ 0 ::; co C")<Il~L{') ('lj.- I CX) -.J'Ec:o~ LL8~9 -5'E~~(J) ~~~r;-w OJ u oo ..- >- EO:: ~~ roc,gx 0... ::: a. ctI (ij<(Q)u.. ~ Q) a: I- C/) w >- o w z ~ o >- I-c/) -C/) O:::w Oz z- -C/) :2::> <(co I- o z en w >- (/) w >- o w z ~ o ~C/) -C/) O:::w Oz z- -C/) :2::> <(co I- o z en w >- >- I-c/) -C/) O:::w Oz z- -C/) :2::> <(co 1-0 ow Zz en~ WO >- o w ~ ~ co ::> C/) I- :> <( o u.. u.. <( ::.:: o <( co ::.:: o ~ i= z <( o w z ~ o >- l- e:: o z ~ u.. o z o i= <(C/) :2C/) O:::w U:::Z zU5 0::> OCO C/) w >- C/) w >- C/) w >- w o <( ...J 0... ::.:: 0::: o ~ wo Ww S:~ (9~ ::>co 0:::::> OC/) C/) w >- C/) w >- C/) w >- z o i=o ow wz 0...(9 C/)- zC/) -z Wo 1-- -I- C/)<( C/):2 0::0::: w- ou.. OZ _0 coO C/) I- Z w :2 :2 o o 06 ~ o ~ ~W Wu z_ W> C)~ WW zt/) <~ 0..- 0< ~~ o..~ - ..Jc Wz t/)< W -W Cu ~z 0< u.Z f-W uf- ~~ f-:E Zc.. O:E u:) ~c.. <t/) Wt/) >< 00.. ~~ rJ) C1i ~ &0 ._5 0 S -E' -g :Q o III "15 Q) '* U) :5 "C ~ l!? Cl ro c .9 C ":> Q) "CD .~ ~ ~~~-~ "C ~ ~ '" .s 0 - ~ .g .5 ~ ~ ~ ~ ~ -g '0 'E 'e Ql '" .c ~ ro ~ ~ :5~~~ E E & .c ~ +: 0 ~ (J)~a;ro .... > ..c >. ~.a;oc: p ~ ;=: ~ I"- o o N CO ~ W CO ~ . W~O 1-0..-, 0..0() WC"")-- CI) .. I"- NO I W"N I-WN <l::~CX) of=~ ww~ ::>::>0 00:;t: 000 - -- CO COCO c.:i (j) N .EO COlJ)O OQ)N vi ~c9'- ~. c: r--- ~ O"C.....J-r--CO :s:O:::LLl6(j)O Q)C.c~.J.~ ....::lU-L{)(j) ::l.f!CtlQ)(j) , CiiCOQ)~~~ E (j) CO .5:2 ~ (j) ~~g~ox NCtl".J::Ctl ~ Q.:Ei g-LL E E<(- Ctl 0 Q) I- 0.. I- lJ) CO Q) CO .~ ~ a; 0') C:Q)~:t::cbo; Q) > N .- N CO C/) O'C (V) 05 '9 I .J:: r--CO UQ).....JEON Q)C3LLO~'9 I-;- .:: -c I- " r-- OUc"lfiO .... Ctl C ~ 0..0_:t:: Oc.. ....~~<( X Q)NCtl -a.Ctl ~ ~ Q)LL o - 0.. ~ c o 0 lJ) 0 =03 C"l(V) ~~L{)oll(.- a:i-'N~CXl(v) lJ)C/)'-0~'? .!E ;; ~ <C JJ ~ O~-t::OCO ....~LLCl)C"), .- .0 .. L{) g :S:z 'E <C ~ g Q) Ctl" c o r-- .- ~ E X Ctlr--~<(c.Ctl :g~ ~LL C5 I- u: C/) 0::: o o Z W > C/) W >- o C! L{) (j) Y7 C/) W >- o C! o .- .- Y7 C/) W >- o C! L{) CO Y7 .- 'l:t: ~ ::::> o z W o o <( LL o I- 0.. W U W 0::: -- .....J W C/) !:!:!o::: 0::::> 0:::0 OI LLo::: WW 1-0.. <(u 0:::_ o:::Z 0<( COI <(U .....JW O~ o:::W <(Z 0<C zo.. <cO 1-0::: C/)o.. N .- N ~ .- Y7 o o Lri (V) .- Y7 o L{) "..,: N .- Y7 -- .....J W C/) W 00::: 0:::::::> 00 LLI Wo::: I-W ~o.. 0:::5:2 OZ co<C <(I .....JU >-W U~ Zw Wz e><( 0:::0.. WO ~o::: Wo.. o o o (j) .- Y7 o C! L{) ~ .- Y7 o C! o r-- .- Y7 -- .....J W C/)o::: !:!:!::::> 00 0::: I 00::: LLW wo.. I-U ~Z 0:::<C OI coU ~~ ~W ::::>Z -<C ~o.. wO 0:::0::: 0..0.. ?ft. g ~ ~ ~ ~ en I- 0:: <C 5~ ....0 ~1 p::~ 0:: ~~ ~~ I- ~~ l:=l) 120 ~)a::l~ F3::> ~ o z ~ C/) W >- ~ o z 9 ~ :a - - C/) I U W I- W U :> 0::: W C/) LL o I-C/) C/)Z :JO of w<C ~5:2 _LL ~F coo::: ::::>w C/)U 1i. o z o z o z ~ I ~ ; ~ <( ~ I C/) I- W 0::: ~ W <(0:::1- ZO<( I-LL~ UWe> ~~O ZI-Z OW- UC/)C/) >-Z!:!:! UOU Zo..Z WC/)W e>We> 0:::0:::0::: WOW ~Z~ W<(W C/) .....J <C C/) o 0.. o 0::: 0.. o CO LLO Ow o:::~ W_ CO~ ~CO ::::>::::> ZC/) .- C/) W >- C/) W >- . C/) LU >- C/) I- LU LU I C/) LL LL o ~ U LU I U Z o F <C U u: U LU 0.. C/) ~ 0:: o ~ O::w ~u W> ~o:: WW Z(/) <(0:: 0..- 0<( o::flj 0..0:: - ..Jc Wz ~<( OW U o::Z 0<( LLZ I-W Ul- <(~ 0::<( 1-:2: Zo.. 0:2: U:::> 0::0.. <((/) W(/) >-<( 00.. ~~ ~ o.l c:: ~ ._E ,Q o E ~ -g :Q o ell '0 Q) '* tf) ; -0 ~ ro g .9 c ":; .w .~ ~ ~ '0 Q) Q) 1) ~ ~ CIl Q) <5 :5 -g 0 Q) CIl > ell Q) >- :5 Qi E E .g ~ CIl Q) Q; > ~ .~ p ~ Q) CIl c:: 8. -Q) en ~ ~ CIl .~ ~ '0 Q) Q) t} :::: Q) ~ .~ :l >- CIl .0 CIl Q) Q; Q5 ~ .c o Q) Q; ro :5 ~ ell <( - t-- o o N CO 0:: w CO ;a: . W~O 1-0..-, 0..00 WC")-- Cf)Nb WUjN I-;a:N <(-~ 01-, ww~ :J:::>O OO~ 000 - -- coenen U 0'> N C to(/lO . g (l) N (/l C")c9 -t:' C I'- 0-0-1-1'- ~~LLgo;> (l)C"e"'::;::"" ...:::lU_LO :::l.Q CO (l)0'> roen(l)~:it EO'>enU(l) 4:~g~6 CON CO ".c Cl. Cl..s Cl. E ~4:"* ~ 0.. f- (/l to (l) 00 t) ~ ro '~ (l) ~ ..... ro (l) >N:'::N Cl)8 ('I') 05 <9 -t5(l)-1Eb (l)"ULLO"" f-... .L-oo , .- -0 .- =It: eOCC(l) o..o.!!l::::C ...",,=,=<(0 (l)NCO .c ~ ::;:: Cl. o ~ 0.. ~ C g 0 =0:> g "9=~LOOL!"J Q) CI)..... N ~ c:b (/l ..- 0 C'? .!!1 ;:; ~ <i: J; O""_tO ....,~LLQ)ct') .- .0 g ~ 'E <i: ~ (l) Z CO .. c o I'- .- .s 0 COI'-::;::.<(-3.. -ON Q) 'C N Qi o l- LL CI) 0::: o o Z UJ > o UJ f- !::: ::;:: en ::J CI) CI) UJ >- o UJ Z s: o ~CI) -CI) O:::UJ Oz Z- -CI) ::;::::J <(en f- o Z CI5 UJ >- CI) UJ >- o UJ Z s: o >-CI) !:::CI) O:::UJ OZ zU5 -:J <(en f- o Z CI5 w >- CI) UJ >- o UJ Z ~ o >- f-CI) -CI) O:::UJ Oz Z- -CI) ::;::::J <(en f- o Z CI5 UJ >- o UJ f- !::: ::;:: en ::J CI) f- ~ o LL IL <( :x: o <( en :x: o ~ , ~ Z <( o UJ Z ~ o >- f- Ci:: o Z ::;:: LL o Z o ~ <(CI) ::;::CI) O:::UJ u:Z Z- O~ oen CI) UJ >- CI) UJ >- CI) UJ >- UJ o <( -1 0.. :x: 0::: o s: UJo UJUJ O:::f- LLf- 0~ ::Jen O:::::J OCl) o Z CI) UJ >- CI) UJ >- Z o ~O OUJ UJZ 0..(9 CI)- ZCI) -Z UJo f-- -f- CI)<( CI)::;:: 0:::0::: UJ- OIL OZ _0 eno CI) f- Z UJ ::;:: ::;:: o o CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR^'. VI.-CONSENT AGENDA ITEM C.l. Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office 0 August 21, 2007 August 6, 2007 (Noon.) 0 0 September 4, 2007 August 20, 2007 (Noon) 0 0 September 18, 2007 September 3, 2007 (Noon) 0 [gJ October 2, 2007 September 17,2007 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office October 16. 2007 October I, 2007 (Noon November 7, 2007 October 15,2007 (Noon) November 20,2007 November 5, 2007 (Noon) December 4, 2007 November 19, 2007 (Noon) NA TURE OF AGENDA ITEM o Announcements/Presentations o Administrative [gJ Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o City Manager's Report o New Business o Legal o Unfinished Business o RECOMMENDA TION: Motion to approve and authorize the execution of a Resolution for a Contract for Design Services for $322,4 I 0 to Miller Legg to provide construction documents, bidding assistance and construction review for the redevelopment of Boat Club Park, the boardwalk/day dock at Jaycee Park and replacement of the boardwalk at Oceanfront Park. EXPLANATION: A Request for Qualifications was advertised for the three (3) projects. Five (5) proposals were received that were reviewed by Wally Majors, Recreation and Parks Director, Tom Balfe, Parks Manager, and Jeff Livergood, Director of Public Works/Engineering. Miller Legg scored the highest. Their fasks will include coordination of the design team, development of construction documents, development of bid documents, assist with bidding and selection, and on-site construction meetings throughout the duration of the project. PROGRAM IMP ACT: The Oceanfront Park project includes the possible redesign of the boardwalk to address safety concerns and long term maintenance, The Jaycee Park project is Phase II of the park development which is the addition of a small fishing pier/day dock. Renovation of Boat Club Park will include renovation or replacement of the restroom, replacement of the picnic pavilions, upgraded landscaping and, iffunding allows, replacement of the handrail along the boardwalk. FISCAL IMP ACT: The total contract amount is $322,4 I 0 with the separate project allocations as follows: Oceanfront Park $205,606 Jaycee Park $ 6 1,925 Boat Club Park $ 55,425 The funds are budgeted in the CIP in the following accounts: 302-4204-580-63- I 5 Oceanfront Park $2,000,000 302-4299-580-63-05 Jaycee Park $ 400,000 302-4108-580-62-01 BoatClubPark $ 414,500 6,lsJ ~ City Manager's Signature urdv AL TERNA TIVES: Not to enter into the contract. Department Head's Signature Department Name Assistant to City Manager G)~ -~ - City Attorney / Finance Recreation and Parks S:IBULLETINIFORMS\AGENDA ITEM REQUEST FORM. DOC August 28, 2007 Via Facsimile 561-742-6233 or E-mail recdept@ci.boynton-beach.fl.us and US Postal Service Mr. Wally Majors, Director Recreation and Parks Department CITY OF BOYNTON BEACH P.O. Box 310 Boynton Beach, Florida, 33425-0310 Re: "The Replacement of Oceanfront Park Boardwalk; Construction of Jaycee Park Boardwalk and Construction Improvements at Boat Club Park", RFQ# 040-2730-07/CJO Miller Legg Proposal No: 07-P0196 REVISED Dear Mr. Majors: Thank you and the City staff for the opportunity to submit the attached Agreement for Professional Services for the above-referenced Project. The drafts of scopes of work have been revised as negotiated. We are looking forward to beginning the initial design plans and kick-off meeting with you, Jody Rivers. Tom Balfe, Jeffrey Livergood and other City staff essential to these projects. Attached you will find separate scopes of work; one for each of the park sites. This was done since the nature of each project has emphasis on a different set of needs. The scope and fees are summarized as follows: A. Oceanfront Park Boardwalk Replacement, FEE: $205,060.00 B. Boat Club Park Improvements, FEE: $55,425.00 C. Jaycee Park Dock and Boardwalk, FEE: $61,925.00 We anticipate that these scopes and fees will be authorized under a single master agreement administered through the City Finance Department consistent with draft agreement document provided in the RFQ package. We are requesting your written approval on the attached scopes of work and fee proposals at your earliest convenience. Upon receipt of your written approval and contract documents we will schedule a kick-off meeting to discuss design issues. Should you have any questions, please do not hesitate to contact me at (561) 689-1138, Ext. 262 or tcaruso@millerleQQ.com. Again, thank you for this opportunity, and I look forward to speaking with you soon. TMc/ch/princiPal~1 Attachment(s) \ IPbo_mainldataIProposalsI2007107-p0196 boynton IDocuments\Contracts\07-PO 196._Boynton_ Bch_ LAS Agreement. REVISED 081707.doc IMP R 0 V I N G COM M U NIT I E S. Palm Beach Office: 2005 Vista Parkway . Suite 100 . West Palm Beach. Florida' 33411-2719 (561)689-1138' Fax: (561)689-8108 wwwmillerlegg.com -~~-~-_._~-~----~-~.~-~----~._._._---------- -- eRE A TIN G E N V I RON MEN T S. AGREEMENT FOR PROFESSIONAL SERVICES Iient: City of Boynton Beach Client Contact: Wally Majors, Director Recreation and Parks Department Address: 100 Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 Address: P.O. Box 310 Boynton Beach, Florida 33425-0310 Date: August 28, 2007 Proposal No: 07-P0196(A) T: 45S R: 43E S: 22 Project Name and Location: Oceanfront Park Boardwalk Replacement "Project" Description of Services to be Provided: See Exhibit A, Pages 1 - 10 Fee: Lump Sum of $205,060.00 and/or Hourly Not To Exceed Retainer: $10,000.00 (Payable upon execution of this Agreement) NA $pecial Conditions: Pursuant to the City of Boynton Beach Standard Agreement The undersigned agree to the attached General Conditions and Special Provisions which are incorporated and made a part of this Agreement. Any additional requested services will be addressed in a separate agreement. Miller, Legg & Associates, Inc. d/b/a Miller Legg (Consultant) City of Boynton Beach (Client) Signature Date: Date: Signature Michael D. Kroll, RLNPrincipal William Mummert/Finance Director MDK/ch/ch Attachments: General Conditions/Special Provisions Client Billing Instructions Rate Schedule/Exhibits A and B un_________ ___nun ~ AGREEMENT FOR PROFESSIONAL SERVICES Wally Majors, Director Recreation and Parks Department Client: City of Boynton Beach Client Contact: P.O. Box 310 Boynton Beach, Florida 33425-0310 Address: 100 Boynton Beach Blvd Boynton Beach, Florida 33425-0310 Address: July 18, 2007 Proposal No: 07-P0196(B) T: 45S R: 43E S: 22 Date: Project Name and Location: Boat Club Park Restroom Replacement "Project" Description of Services to be Provided: See Exhibit A, Pages 1 - 6 Fee: Lump Sum of $55,425.00 and/or Hourly Not To Exceed $3,000.00 Retainer: (Payable upon execution of this Agreement) NA Special Conditions: Pursuant to City of Boynton Beach Standard Agreement (See attached Exhibit B). The undersigned agree to the attached General Conditions and Special Provisions which are incorporated and made a part of this Agreement. Any additional requested services will be addressed in a separate agreement. Miller, Legg & Associates, Inc. d/b/a Miller Legg (Consultant) City of Boynton Beach (Client) Date: Date: Signature Signature Michael D. Kroll, RLAlPrincipal William Mummert/Finance Director MDK/ch/ch Attachments: General Conditions/Special Provisions Client Billing Instructions Rate Schedule/Exhibits A and B 0/ AGREEMENT FOR PROFESSIONAL SERVICES Client: City of Boynton Beach Client Contact: Wally Majors, Director Recreation and Parks Department Address: 100 Boynton Beach Blvd Boynton Beach, Florida 33425-0310 Address: P.O. Box 310 Boynton Beach, Florida 33425-0310 Date: July 18, 2007 Proposal No: 07-P0196(C) T: 45S R: 43E S: 22 Project Name and Location: Jaycee Park Dock and Boardwalk "Project" Description of Services to be Provided: See Exhibit A, Pages 1 - 5 Fee: Lump Sum of $61,925.00 and/or Hourly Not To Exceed $1,500.00 ~tainer: (Payable upon execution of this Agreement) NA Special Conditions: Pursuant to City of Boynton Beach Standard Agreement (See attached Exhibit B). The undersigned agree to the attached General Conditions and Special Provisions which are incorporated and made a part of this Agreement. Any additional requested services will be addressed in a separate agreement. Miller, Legg & Associates, Inc. d/b/a Miller Legg (Consultant) City of Boynton Beach (Client) Signature Date: Date: Signature Michael D. Kroll, RLA/Principal William MummerVFinance Director MDK/ch/ch A.ttachments: General Conditions/Special Provisions Client Billing Instructions Rate Schedule/Exhibits A and B - - - ----'_.__..,._------_.._-.~_._-"---"'-_._._._-_., ~----~_.__...._----------_.__._------ - -.. --... --._---_.~_.__."'.--- ~ CONSUL T ANT AGREEMENT THIS AGREEMENT, is entered between the CITY OF BOYNTON BEACH, hereinafter referred to as the "City", and MILLER, LEGG & ASSOCIATES, hereinafter referred to as the "Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specitied. 1. PROJECT DESIGNATION. The Consultant is retained by the City to provide construction documents, assistance and construction review for the redevelopment of Board Club Park, the boardwalk/day dock at Jaycee Park and replacement of the boardwalk at Oceanfront Park, all within the Citv of Bovnton Beach. The Consultant's tasks will include. but is not . -' . limited to. the coordination of the design team, development of construction documents, development of bid documents, assistance with bidding and selection, and on-site construction meetings throughout the duration of the Project. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A", which is attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon approval by the City Commission. 4. PAYMENT. The Consultant shall be paid a fixed fee of $322,4 10.00 by the Citv for completed work and for services rendered under this agreement as follows: a. The Consultant may submit invoices to the City once per month during the progress of the work for partial payment for work completed to date. Such invoices \vill be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. b. 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 it's acceptance by the City. c. Payment as provided in this section shall be full compensation for \vork performed, services rendered and for all materials, supplies. equipment and incidentals necessary to complete the work. d. The Consultant's records and accounts pertaining to the 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, dra\vings. 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 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 indemnity, 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 person, the employees, or damage to property occasioned by a negligent act, error or omission of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this agreement, workers compensation, and comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence 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 delivered to the City prior to 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 employee of consultant shall be entitled to any benefits accorded City employees by_virtue of the services provjded 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, 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 ofthis warranty, the City shall be the right to annul this contract without liability or, in its discretjon 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. DISCRIMINA TION PROHIBITED. The Consultant, with regard to the work performed by it under thjs 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. Page 2 of 4 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 waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving thirty (30) days written notice to the Consultant. Consultant shall be paid for work completed up to the date of termination. 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 0 C 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 survwmg members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any disputes that arise between the parties with respect to the performance of this contract, which cannot be resolved through reasonable negotiation, shall be submitted to a court of competent jurisdiction in Palm Beach County, 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: To City: Kurt Bressner, City Manager CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 To Consultant: Miller, Legg & Associates ATTN: 16. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this agreement, or the occurrence of any event rendering any portion or provision of this agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the agreement. Any void provision shall be deemed severed from the agreement and the balance of the agreement shall be construed and enforced as if the agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent oC the stricken provision. Page 3 of 4 17. INTEGRATED 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 the City and Consultant. DATED this day of 2007. ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: City Clerk By: City Manager Approved as to legal sufficiency and form: By: City Attorney WITNESSES: MILLER, LEGG & ASSOCIATES By: Print Name: Printed Name: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2007, by or has produced , he/she is personally known to me (type of identification) as identification. Notary Public - State of Florida S:\CA\AGMTSIConsultantsIConsultant Agreement Oceanti-ont Park.doc Page 4 of 4 CLIENT BILLING INSTRUCTIONS FOR AGREEMENT FOR PROFESSIONAL SERVICES The following billing information must be completed by the Client. Client must notify Consultant of any changes to this information within one billing cycle. I) PROJECT & CONTACT INFORMATION Accounting/Billing Contact: Accounting Check Run Dates: Phone Number: Fax Number: E-mail Address: Project Name: Project Manager Name: Phone Number: Fax Number: E-mail Address: II) BILLING INFORMATION Original Invoice should be addressed as follows: Client/Company Name: Attention: Billing Address: Fax Number: Copies should be forwarded to: Client/Company Name: Attention : Billing Address: Fax Number: III) INVOICE SUPPORTING DOCUMENTS/FORMATTING Please note that additional fees may be added for any of the following services: Special Invoice Requirements 0 (provide details/include copy) Project/P.O.lContract Number Reference 0 Number of Invoice Copies Comments: IV) pAYMFNT OPTION~ Please check appropriate box. Check 0 Note: Please include our invoice number on your check. Direct Deposit/Wire Transfer 0 Note: Please reference our project number when you set up the wire transfer. Bank info will be provided upon completion of form. Proposal No: 07-POI96 (A.I:LC) 'i of 7 Initial: ML: Client. ---~' 2007 RATE SCHEDULE Professional Services Administrative AssistantfT echnical Assistant Project Administrator CAD Operator Technician Senior Technician Technical Specialist Senior Technical Specialist I Senior Technical Specialist /I Designer Senior Designer I Senior Designer II Construction Specialist Senior Construction Specialist I Senior Construction Specialist /I Engineer I Engineer /I Engineer /II Senior Engineer Biologist I Biologist /I Project Biologist Senior Biologist Environmental Scientist Senior Environmental Scientist Landscape Designer I Landscape Designer /I Senior Landscape Designer I Senior Landscape Designer II Landscape Architect I / Planner I Landscape Architect /I / Planner /I Project Landscape Architect/Project Planner Senior Landscape Architect/Senior Planner Surveyor I Surveyor /I Surveyor III Senior Surveyor 2-Person Survey Crew 3-Person Survey Crew 4-Person Survey Crew 2-Person Senior Survey Crew 3-Person Senior Survey Crew GIS Specialist Senior GIS Specialist I Senior GIS Specialist /I Senior GIS Specialist III GIS Coordinator Director Principal Senior Principal Expert Witness Hourlv Rate $ 55 $ 75 $ 60 $ 70 $ 80 $ 95 $ 105 $ 115 $ 100 $ 110 $ 140 $ 100 $ 115 $ 150 $ 110 $ 125 $ 170 $ 195 $ 80 $ 90 $ 115 $ 145 $ 100 $ 150 $ 85 $ 90 $ 95 $ 100 $ 105 $ 110 $ 130 $ 160 $ 90 $ 100 $ 110 $ 150 $ 135 $ 165 $ 195 $ 145 $ 175 $ 95 $ 105 $ 120 $ 140 $ 160 $ 200 $ 230 $ 300 $ 300 Proposal No: 07-P0196 (A,B.C) ----~--- "___n -'~_'___._ _ __.__..., .~~____. _.. ..___ __n 60f7 Initial: ML: . .___~Ii~t:_____ ~ In-house Reimbursable Expenses Rate Courier Zone 1 (0 - 30 Miles) Courier Zone 2 (31 - 60 Miles) Courier Zone 3 (61 - 75 Miles) Mileage (per mile) Color Copies (<8 1/2" X 11 ") (per copy) Color Copies (<11" X 17") (per copy) Blackline Prints (<24" X 36") (per sheet) Mylars (<24" X 36") (per sheet) Vellums (<24" X 36") (per sheet) Official Record Docs (per page) Copies Postage Fax Transmissions $ 25.00 $ 50.00 $ 60.00 $ 0.56 $ 1.00 $ 2.00 $ 2.20 $ 7.00 $ 5.50 $ 1.00 Out-of-Pocket Expenses Cost + 15% 'Charges for monthly copies, fax transmissions, postage, and long distance will be the greater of 0.5% of invoice amount or $25.00. NOTE: These rates are subject to change after January 1, 2008 Proposal No: 07-P0196 (A.H,C) 7 oj' 7 Initial: ML: Client- ~ ~._._-----_._---._--_._-._---_...__..~----- CLIENT BILLING INSTRUCTIONS FOR AGREEMENT FOR PROFESSIONAL SERVICES The following billing information must be completed by the Client. Client must notify Consultant of any changes to this information within one billing cycle. I) PROJECT & CONTACT INFORMATION Project Name: Project Manager Name: Phone Number: Fax Number: E-mail Address: Accounting/Billing Contact: Accounting Check Run Dates: Phone Number: Fax Number: E-mail Address: II) BILLING INFORMATION Original Invoice should be addressed as follows: Client/Company Name: Attention: Billing Address: :ax Number: Copies should be forwarded to: Client/Company Name: Attention : Billing Address: Fax Number: III) INVOICE SUPPORTING DOCUMENTS/FORMATTING Please note that additional fees may be added for any of the following services: Special Invoice Requirements (provide details/include copy) 0 Project/P.O./Contract Number Reference 0 Number of Invoice Copies Comments: IV) PAYMFNT nPTION~ Please check appropriate box. Check 0 Note: Please include our invoice number on your check. Direct Deposit/Wire Transfer 0 Note: Please reference our project number when you set up the wire transfer. Bank info will be provided upon completion of form. Proposal No: 07-POI96 (A.B,C) 501'7 Initial: ML: Client: ~ 2007 RATE SCHEDULE Professional Services Administrative AssistantJT echnical Assistant Project Administrator CAD Operator Technician Senior Technician Technical Specialist Senior Technical Specialist I Senior Technical Specialist II Designer Senior Designer I Senior Designer II Construction Specialist Senior Construction Specialist I Senior Construction Specialist II Engineer I Engineer II Engineer III Senior Engineer Biologist I Biologist II Project Biologist Senior Biologist Environmental Scientist Senior Environmental Scientist Landscape Designer I Landscape Designer II Senior Landscape Designer I Senior Landscape Designer II Landscape Architect I / Planner I Landscape Architect II / Planner II Project Landscape Architect/Project Planner Senior Landscape Architect/Senior Planner Surveyor I Surveyor II Surveyor III Senior Surveyor 2-Person Survey Crew 3-Person Survey Crew 4-Person Survey Crew 2-Person Senior Survey Crew 3-Person Senior Survey Crew GIS Specialist Senior GIS Specialist I Senior GIS Specialist II Senior GIS Specialist III GIS Coordinator Director Principal Senior Principal Expert Witness Proposal No: 07-P0196 (A.B,C) (, of 7 Initial: [VIL Hourly Rate $ 55 $ 75 $ 60 $ 70 $ 80 $ 95 $ 105 $ 115 $ 100 $ 110 $ 140 $ 100 $ 115 $ 150 $ 110 $ 125 $ 170 $ 195 $ 80 $ 90 $ 115 $ 145 $ 100 $ 150 $ 85 $ 90 $ 95 $ 100 $ 105 $ 110 $ 130 $ 160 $ 90 S 100 S 110 $ 150 $ 135 $ 165 $ 195 $ 145 $ 175 ----~.-.-.- $ 95 $ 105 $ 120 $ 140 $ 160 $ 200 $ 230 S 300 $ 300 Client ~ In-house Reimbursable Expenses Rate Courier Zone 1 (0 - 30 Miles) Courier Zone 2 (31 - 60 Miles) Courier Zone 3 (61 - 75 Miles) Mileage (per mile) Color Copies (<8 1/2" X 11 ") (per copy) Color Copies (<11 II X 17") (per copy) Blackline Prints (<24" X 36") (per sheet) Mylars (<24" X 36") (per sheet) Vellums (<24" X 36") (per sheet) Official Record Docs (per page) Copies Postage Fax Transmissions $ 25.00 $ 50.00 $ 60.00 $ 0.56 $ 1.00 $ 2.00 $ 2.20 $ 7.00 $ 5.50 $ 1.00 * * Out-of-Pocket EXDenses Cost + 15% *Charges for monthly copies, fax transmissions, postage, and long distance will be the greater of 0.5% of invoice amount or $25.00. NOTE: These rates are subject to change after January 1 , 2008 Proposal No: 07-PO] 96 (A.B,C) 7 of 7 Initial: ML: -- _..~-'-_.__._--------.,----_.._-,_.- -- - --------._-- ...~C1i~~t~_.___ ~ Proposal No. 07-P0196(A) EXHIBIT A - SCOPE OF SERVICES Boardwalk Replacement at City of Boynton Beach Oceanfront Park in the Town of Ocean Ridge, Florida 1.0 PROJECT DESCRIPTION 1.1 The Project is generally described as follows: Providing Landscape Architectural Services for replacement of existing boardwalk and minor structures at the city of Boynton Beach Oceanfront Boardwalk Park in the Town of Ocean Ridge, Palm Beach County, Florida. The park is located at 6415 North Ocean Boulevard, Ocean Ridge, Florida; Government Lot 5 in TWP 45S / RGE 43E / SEC 22. Professional Services shall include: Environmental Permitting, Surveying, Architectural Design, Structural Engineering, Electrical Engineering and Landscape Architecture. These services include provision of Client consultation, design document preparation, coordination assistance with the City's Recreation and Parks Department, Public Works Department, Purchasing Department and Building Department, as well as, limited construction administration and construction observation for the assigned project. The Consultant shall provide sequential plan submittals for Client review and approval of park amenities renovation, minor structures, hardscape, lighting and landscape through to completion of bid set documents for the City's solicitation and selection of qualified contractors. 2.0 BASIS OF SCOPE 2.1 Environmental: The agencies with jurisdiction for this project include the Florida Department of Environmental Protection (FDEP), Palm Beach County DERM, and the Town of Ocean Ridge. Mitigation for dune impacts, if any, will be addressed at Oceanfront Park. Design of mitigation for Oceanfront Park is included in the scope. If mitigation is to be at another location, an additional service may be needed. Miller Legg cannot guarantee the issuance of required permits. An assessment of tree resource issues of the site as may be regulated by Palm Beach County ERD are not included in this scope, but can be provided as an additional service. 2.2 Survey: Provide Certified Boundary and Topographic Surveys as required by paragraph 62B-33.008(3)(f), F.A.C. for (FDEP) permitting in accordance with Survey Requirements set forth in Section 62B-33.0081. Survey to be based on legal description provided by Client. Page 1 of 10 Initial: ML: Client: Proposal No. 07 -PO 196(A) · Depiction of trees on survey drawing to be in accordance with code requirements of Florida Department of Environmental Protection (FDEP). Topographic Survey: Elevations to be shown as contours. · Parking spaces shown and identified. If boundary inconsistencies (i.e. overlaps, hiatuses) with ad joiners exist, a survey report per minimum technical standards may be required and an additional fee may be required. · Should the government land corner or agency monuments necessary to control the site boundary be lost or obliterated, Consultant shall require additional fees to restore said corners. · Only the location of visible aboveground utilities based on site observation will be shown. Consultant cannot guarantee that all utilities will be located. 2.3 Architectural, Structural and Electrical: · Professional architectural and engineering services including Schematic Design (30%), Design Development (60%), development of final Construction Documents (90/1..00%), Permitting, assistance in Bidding/Negotiation of a Contract for Construction and limited Construction Administration relative to the proposed covered shade shelters along the boardwalk of the Ocean Front Park. · Architectural Design of vertical structures will be provided. · Structural engineering of rigid platforms (boardwalks), vertical construction and/or architectural structures, as needed will be provided. · Electrical design including points of connection, metering, wiring, circuitry, conduit, pull-boxes, fixtures and lamping and load schedules as needed will be provided. 2.4 Landscape Architecture: All plan design development, layout and detailing for Schematic Design (30%) review submittal, Design Development (60%) review submittal and development of final Construction Documents (90/100%) for bidding purposes, Permitting, and assistance in Bidding/Negotiation of a Contract for Construction and limited Construction Administration. · Final plan documents will be reproduced by Miller Legg and be made available for purchase by bidders interested in submitting proposals to our Client for selection as the General Contractor. Survey prepared by Miller Legg for compliance with CCCL permitting requirements will serve as base plan. Page 2 of 10 Initial: ML: Client: Proposal No. 07-P0196(A) Field modifications for proposed amenities shall be made in conjunction with Town of Ocean Ridge and under the direction of the Client for resolution of unforeseen site conditions that may be encountered during the construction process. Irrigation design for beach parks will be provided as necessary and performance specifications provided for modification to existing irrigation systems. Water source is potable water and permit modifications are to be processed though the Boynton Beach Utility Department. There are existing trees on the site and tree removal activity is proposed in conjunction with securing permits from FDEP. Tree removal/relocation is limited to existing Seagrape masses and other exotic invasive plant materials. It is contemplated that tree removal documents are not required for removal of invasive exotic materials. Coordination will be provided with the Client and Town of Ocean Ridge Horticulturist. Site furnishings, once selected by the Client, will be consistently utilized throughout the Beach Parks. Landscape and amenity maintenance and life cycle report will be prepared and provided to Boynton Beach Public Works at the conclusion of park facility construction. 2.5 Site Civil Engineering Engineering design and permit processing of utility connections will be an additional service. Modifications to paving, grading and drainage: drainage study & permit investigation; plans and detailing of utility connections, extensions and diversions; and permit submittals are not contemplated as being necessary for this project. If required for any reason, services will be provided as an additional service with Client authorization. 3.0 INFORMATION TO BE PROVIDED BY CLIENT 3.1 All readily available site data in either hard copy, or electronic base files for each park and beach access point including proposed plans from other Consultants, including but not limited to: . Current Boundary Survey and Legal Description . Site Plans and/or Engineering Plans from Building Dept Records . Shop Drawings consistent with existing park site furnishings . Soil Borings . Water and Sewer Utility Plans or Maps 3.2 Aerial photographs of the park. 3.3 Unrestricted access to the park, authorized by the City of Boynton Beach. Page 3 of 10 Initial: ML: Client: Proposal No. 07-P0196(A) 3.4 Tree Removal/Relocation Permits shall be provided by the City Horticulturist based on plans provided by the Consultant. 3.5 Plan will be processed for review through the Town of Ocean Ridge. 3.6 The services of the City Purchasing Department for soliciting construction bids, contracting construction services, processing contractor invoices, and processing purchase requests to venders for site furnishings and structure. 3.7 Expedited permitting through Boynton Beach Utility Department and coordination for obtaining approvals. 3.8 Coordination assistance with agencies such as: Town of Ocean Ridge, Palm Beach County DERM and/or FDEP as may be required. 3.9 Regular required construction observation, contractor coordination, and contract administration for all construction activities including but not limited to: architectural, structural, plumbing, drainage, electrical, planting, irrigation and playground/court installation will be provided by the Client's Public Works Staff. 4.0 SCOPE OF BASIC SERVICES AND FEE The scope of services to be provided by Consultant shall be divided into the following tasks: SURVEY TASKS Task 1. Prepare Certified Boundary and Topographic Survey- Consultant shall prepare the Certified Boundary and Topographic Survey in accordance with requirements set forth in D.E.P. Survey Requirements 62B-33.0081 and the Minimum Technical Standards in Chapter 61G17-6 of the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes with the following procedures. · Recover Sectional and CCCL Horizontal and Vertical Control Monuments. · Set two permanent benchmarks (NA VD 1988 datum). · Gather topographic features of Park Site including Beach and Dune areas. · Locate and identify trees and vegetation areas. · Locate all existing visible above ground improvements. · Prepare CADD drawing of topographic survey for design base map. · Set monuments at the calculated Parcel corner locations as per the Legal Description provided by The City of Boynton Beach, Florida. · Reduce Field Data and produce DTM and required site contour lines. Page 4 of 10 Initial: ML: Client: Task 2. Task 3. Task 4. Proposal No. 07-P0196(A) FEE: Lump Sum of $31,100.00 ENVIRONMENTAL TASKS Coastal Construction Control Line (CCCL) Permitting - Consultant shall visit the Oceanfront Park site and assess the existing conditions and participate in one (1) on-site jurisdictional determination with representatives of the FDEP. Consultant shall prepare and submit an application and sketches indicating proposed project plan and support data to the FDEP for approval. Includes submittal of layout for alternate surfacing materials to permit accessible route from beach access ramps to hard sand line (high tide line). This includes responses to up to two (2) requests for additional information (RAI) and coordination with FDEP for up to four (4) months. Reponses to other RAI's and/or additional coordination beyond (4) months shall be provided as an additional service. FEE: Lump Sum of $16,650.00 Dune Mitigation Design - Consultant shall design a mitigation plan to offset dune impacts associated with the proposed improvements. This plan shall include location, planting plan and schedule, existing dunes and vegetation, and plants to be removed. The plan will also include a plan that documents maintenance and monitoring required in accordance with the permit. FEE: Lump Sum of $3,800.00 LANDSCAPE ARCHITECTURAL TASKS Landscape Architectural Design A. Management and Coordination - Consultant shall prepare Schematic Design Documents (30% CD Submittal) illustrating a maximum of three (3) preliminary site plan options for the proposed alignment of the boardwalk, including the use of alternate deck materials. Options for the boardwalk will include: access from parking, elevated seating areas, hand rail detail, ramp locations, locations of shaded seating structures, location and type of open showers, location and type of turtle friendly lighting. Services include development of site furnishings, either custom built or manufactured stock and related material for submission to Client and Town of Ocean Ridge Site Plan Review. Design Development Documents (60% CD Submittal) further defining the project elements established in the Schematic Design Phase will then be prepared by Consultant. Design Development will address provides site plan, minimum details and cross-sections that include the following proposed items: . Proposed boardwalk replacement shall be located generally in the same area as the existing boardwalk, and roughly the same 1,000 foot length. Alignment, width, access, activity spaces and overlook opportunities are all design factors that will be addressed for improvement and enhancement. Page 5 of 10 Initial: ML: Client: Proposal No. 07-P0196(A) Alternate deck materials, such as natural wood, pavers, concrete, segmental concrete and new generation synthetics will be evaluated for recommendation. · A retaining wall or stem wall shall be located along the eastern edge of the deck opposite the parking area curb to provide boardwalk stability and erosion protection. Handrail design will be fastened to the concrete in a manner that is attractive, concealed and easily replaced for maintenance during the life of the boardwalk. Both cast-in-place and precast wall systems and components will be evaluated for recommendation. Handrail materials will also be evaluated for recommendation. · Six (6) existing shaded seating structures will be replaced with new designs that emerge from the deck layout and complement both the proposed deck and the existing enclosed structures including Lifeguard Office, Food Service and Restrooms. These shade structures are not intended as shelters, but as sitting areas that provide a measure of relief from sun as well as designated observation areas with panoramic ocean views. The shade structures may have an accessible platform, integrated seating and a separated bypass boardwalk. · Existing ramp access to the beach and stair locations will be evaluated for practicality, re-routing and re-design to follow current ADAAG standards. · Design of adjacent landscape areas and provision of native plant palette alternates suitable for beach dune community. · Design of stair access from passive park lower parking to upper boardwalk area parking. · Evaluation and recommendations of alternate surfacing materials to permit accessible route from beach access ramps to hard sand line (high tide line) as well as the provision of layout, details and specifications for approved materials. B. Consultant shall prepare non-structural Final Construction Documents (90% and 100% CD Submittal) based on the Design Development documents approved by the Client and Town of Ocean Ridge, including: · Horizontal and vertical control layout of the boardwalk area. · Cross-sections, details and general notes sufficient for soliciting bids from qualified contractors. · Specialty site construction and/or furnishing details · Full coordination with Architect, Structural and Electrical Engineer for related plans and specifications. · A landscape plan. · Landscape notes and details including: plant schedule, depicting quantity, species, size at installation of all proposed plant material. C. Consultant shall prepare irrigation performance specifications for modifications, adjustments and expansion the existing irrigation system. D. Opinion of Probable Cost (OPC) - Consultant shall prepare a pre- development OPC estimate as attachment for Client review with 60 % plans and final plans submittals. The OPC estimate shall consist of permit fees, boardwalk, structural concrete and metals, vertical architecture, drainage, shower water and sewer improvements, environmental lighting. Consultant Page 6 of 10 Initial: ML: Client: Task 5. Task 6. Proposal No. 07-P0196(A) shall research existing utilities and drainage requirements for the purpose of the estimate. The OPC estimate shall be based on the site plan prepared by the Consultant. One set of revisions required by Client upon review of the design development concept plan shall be included in this fee. Subsequent revisions to the concept or site plan, if required, shall be provided as an additional service. FEE: Lump Sum of $84,410.00 Construction Services - Consultant shall provide limited construction services as follows: Coordination: Consultant shall provide the Client plan documents, technical specifications in CSI Master Spec format and product specifications to be combined with the City's General and Special Conditions project manual for solicitation of bids by the Client's Purchasing Department for the site development work on the Project. Pre-construction: Consultant shall attend one (1) pre-bid conference and one (1) pre-construction conference, review material shop drawings, and prepare responses to contractor RFI's prior to commencement of construction. Construction Observation: Shall include up to twelve (12) periodic observations of the work. FEE: Lump Sum of $25,200.00 ARCHITECTURE DESIGN TASKS A. Stephen Boruff Architects (SBA) shall prepare Schematic Design Documents (30% CD Submittal) illustrating the floor plan and elevations for the proposed shade structures, including structural engineering. Options for structures will include open frame, flat trellis and "sail-cloth" type architecture. Services include Development of colored exterior elevations and related material for submission to Client and Town of Ocean Ridge. Based upon the City's Schematic Design Review, Consultant shall prepare Design Development Documents (60% CD Submittal) further defining the project elements established in the Schematic Design Phase. B. SBA shall Prepare Final Construction Documents (90% and 100% CD Submittal) and note form specifications based on the Design Development and the Client approved documents. C. SBA shall Assist City of Boynton Beach in obtaining a permit for building construction. All Town of Ocean Ridge building department review comments will be addressed for issuance of a building permit prior to bidding. Page 7 of 10 Initial: ML: Client: Task 7. Task 8. Task 9. Proposal No. 07-P0196(A) D. SBA shall provide final plan electronic files to Miller Legg for bid set documents that will be made available for purchase by interested bidders and will Assist City of Boynton Beach in obtaining bids/negotiating a contract for construction from General Contractors. E. SBA shall attend three (3) review meetings (in Boynton Beach) with the team to coordinate the development of the project, including the following: a. One (1) 30% Schematic Design Submittal review. b. One (1) 60% Design Development Submittal review. c. One (1) 90%/100% Construction Documents Submittal review. F. SBA shall provide Construction Administration services during the construction of the project including, but not limited to the following: a. Answer Request for Information (RFI) from the General Contractor. b. Review shop drawing and product data submittals from the General Contractor. c. Two (2) site visits during the construction of the project including the preparation of a "punch list" at Substantial Completion. FEE: Lump sum of $11,500.00 STRUCTURAL ENGINEERING TASKS Retaining Wall/Railing Analysis and Design - Bridge Design Associates (BOA) shall prepare details and recommendations for retaining wall and railing system eastward of the adjacent parking area. FEE: Lump Sum of $3,500.00 Boardwalk Analysis - BOA shall evaluate the condition of the existing boardwalks to the beach with specific attention to the wood pilings, and identify alternative deck materials and construction methods for City approval. Upon City approval, BOA shall provide construction documents of approved deck materials with details and note form specification for building department review. FEE: Lump Sum of $11,000.00 Seating Shelter Foundation Design - BOA will provide design criteria and foundation design for Architecturally designed covered seating shelters. FEE: Lump sum of $2,900.00 Page 8 of 10 Initial: ML: Client: Task 10. Task 11. Task 12. Task 13. Proposal No. 07-P0196(A) ELECTRICAL ENGINEERING TASKS Lighting Design - Electrical Design Associates shall prepare wiring, circuitry, schedule of fixtures, details, note form specifications and recommendations for turtle friendly boardwalk lighting, plans for FDEP CCCL permitting and City of Boynton Beach Building Department review and permitting. FEE: Lump Sum of $7,000.00 MISCELLANEOUS TASKS Additional Meetings/Miscellaneous Coordination - Consultant shall attend meetings at the direction of Client on an hourly basis. These meetings shall be above and beyond the meetings proposed in the previous tasks. The fee for this Task is estimated not to exceed $5,000.00 without prior authorization from Client. FEE: Hourly per the attached Rate Schedule. Miscellaneous Services - Consultant shall provide miscellaneous services as requested and authorized in writing by Client. The fee for this task is estimated not to exceed $5,000.00 without prior authorization from Client FEE: Hourly per the attached Rate Schedule. Reimbursable Expenses - Consultant shall provide services, as necessary, to assist Client in the processing of documents, permitting, construction coordination or other requested tasks to facilitate successful completion of the Project. Costs incurred in providing these services shall be reimbursed in accordance with the General Conditions. For this Project an initial budget of $8,000.00 in reimbursable expenses shall be established. This budget may be increased upon authorization from the Client. Page 9 of 10 Initial: ML: Client: Proposal No. 07-P0196(A) FEE SUMMARY TASK LUMP SUM Hourly SUBTOTAL NUMBER TASK FEE NTE Fee BUDGET FEE Task 1 Prepare Certified Boundary and Topooraphic Survey $31,100.00 $0.00 $0.00 $31,100.00 Task 2 Coastal Construction Control Line (CCCL) Permittino $16,650.00 $0.00 $0.00 $16,650.00 Task 3 Dune MitiQation Desian $3,800.00 $0.00 $0.00 $3,800.00 Task 4 Landscape Architectural Services $84,410.00 $0.00 $0.00 $84,410.00 Task 5 Construction Services $25,200.00 $0.00 $0.00 $25,200.00 Task 6 Architecture Desian $11,500.00 $0.00 $0.00 $11,500.00 Task 7 Retaining Wall/Railing Analvsis and Desion $3,500.00 $0.00 $0.00 $3,500.00 Task 8 Boardwalk Analysis $11,000.00 $0.00 $0.00 $11,000.00 Task 9 Seating Shelter Foundation Desion $2,900.00 $0.00 $0.00 $2,900.00 Task 10 Liahtino Desion $7,000.00 $0.00 $0.00 $7,000.00 Task 11 Additional Meetinos $0.00 $5,000.00 $0.00 $5,000.00 Task 12 Misc. Services $0.00 $5,000.00 $0.00 $5,000.00 Task 13 Reimbursable Expenses $0.00 $0.00 $8,000.00 $8,000.00 TOTAL FEE $197,060.00 $10,000.00 $8,000.00 $215,060.00 \ IPbo-mainldata IProposals\2007107-po 196 boynton IDocuments I Contracts IScopeI07-PO 196_Boynton_Bch_LAS_scope_A. doc Page 10 of 10 Initial: ML: Client: Proposal No. 07-0196(B) EXHIBIT A - SCOPE OF SERVICES Restroom Replacement at Boat Club Park, Boynton Beach 1.0 PROJECT DESCRIPTION 1.1 The Project is generally described as follows: Providing Landscape Architectural Services for restoration or replacement of existing restroom and minor structures at the Boat Club Park in the City of Boynton Beach, Palm Beach County, Florida. Boat Club Park located at 2010 North Federal Highway in Boynton Beach, Florida. TWP 45S / RGE 43E / SEe 15. Professional Services shall include: Special Purpose Survey, Architectural Analysis & Design, Structural Engineering, Electrical Engineering and Landscape Architecture. These services include provision of Client consultation, design document preparation, coordination assistance with the City's Parks & Recreation Department, Public Works Department, Purchasing Department and Building Department, as well as, limited construction administration and construction observation for the assigned project. The Consultant shall provide sequential plan submittals for Client review and approval of minor park structures, lighting and landscape through to completion of bid set documents for the City's solicitation and selection of qualified contractors. 2.0 BASIS OF SCOPE 2.1 Survey: Consultant shall deliver a Specific Purpose Survey of the Proposed Improvements Site and adjacent area. Should the Site Control Points necessary to perform survey operations be lost or obliterated, Consultant shall require additional fees to restore said lost control points. Survey prepared by Miller Legg for compliance with City of Boynton Beach Building Department requirements will serve as base plan. 2.2 Architectural, Structural and Electrical: . Professional architectural and engineering services shall include Schematic Design (30%), Design Development (60%), development of final Construction Documents (90/100%), Permitting, assistance in Bidding/Negotiation of a Contract for Construction and limited Construction Administration relative to the proposed floor plan and elevations of the public restroom and covered shelters, including structural, mechanical, electrical and plumbing design to five feet (5') outside the building line. General assessment of the existing restroom structure to be renovated shall be provided with recommendations. Includes determination of user accessibility to facilities within the structure according to ADAAG. Should Page 1 of 6 Initial: ML:.. Client: Proposal No. 07-0196(8) renovation be a viable direction to proceed, plan design and detail specifications described herein will be prepared accordingly. · A conventional spread footing will be specified for restroom building replacement only. If deep foundations, grade beams or piles are required, design modifications will be provided as an additional service. · Architecture for the buildings will include establishing an architectural existing theme of the park, and exploring the use of "sail-cloth" type shade structures. · Any service not specifically written in this proposal, any changes requested after approval of the Schematic Design (30%), any revisions to drawings or other documents when such revisions are inconsistent with written approvals or instructions previously given shall be provided as additional services. · Structural engineering of rigid vertical construction and/or architectural structures, as needed will be provided. · Electrical design including points of connection, metering, wiring, circuitry, conduit, pull-boxes, fixtures and lam ping and load schedules as needed will be provided. · This proposal is based on City of Boynton Beach furnishing Stephen Boruff Architects with the following information: A geotechnical subsurface report stating the bearing capacity of the soils in pounds per square foot (in accordance with the Florida Building Code) and a recommendation for foundation design. A conventional spread footing will be used. If deep foundations, grade beams or piles are required, this will increase the fee. 2.3 Landscape Architecture: The point of contact, project manager and coordinator for City of Boynton Beach the project Registered Landscape Architect at Miller Legg. All plan submittals and team communications shall routed to Miller Legg for record keeping and single point of contact. · Landscape Plans and details are not included. Irrigation Plans and details are not included. Irrigation modifications and/or adjustments shall be the responsibility of the general contractor. · Tree Removal/Relocation is not included but can be provided as an Additional Service. 2.4 Site Civil Engineering: · Engineering design and permit processing of utility connections will be an additional service. Modifications to paving, grading and drainage: drainage study & permit investigation; plans and detailing of utility connections, extensions and diversions; and permit submittals are not contemplated as Page 2 of 6 Initial: ML: Client: Proposal No. 07-0196(B) being necessary for this project. If required for any reason, services will be provided as an additional service with Client authorization. 3.0 INFORMATION TO BE PROVIDED BY CLIENT 3.1 All readily available site data in either hard copy, or electronic base files for each park and beach access point including proposed plans from other Consultants, including but not limited to: . Current Boundary Survey and Legal Description . Site Plans and/or Engineering Plans from Building Dept Records . Shop Drawings consistent with existing park site furnishings . Soil Borings . Water and Sewer Utility Plans or Maps 3.2 Aerial photographs of the park. 3.3 Unrestricted access to the park, authorized by the City of Boynton Beach. 3.4 A geotechnical subsurface report stating the bearing capacity of the soils in pounds per square foot (in accordance with the Florida Building Code) and a recommendation for foundation design. 3.5 The services of the City Engineering and Public Works Departments for expedited plan review and expedited permit processing for construction. 3.6 The services of the City Purchasing Department for soliciting construction bids, contracting construction services, processing contractor invoices, and processing purchase requests to venders for site furnishings and structure. 3.7 Expedited permitting through Boynton Beach Utility Department and coordination for obtaining approvals. 3.8 Coordination assistance with agencies such as: Palm Beach County and/or FDEP as may be required. 3.9 Regular required construction observation, contractor coordination, and contract administration for all construction activities including but not limited to: architectural, structural, plumbing, drainage, electrical, planting, irrigation and playground/court installation will be provided by the Client's Public Works Staff. 4.0 SCOPE OF BASIC SERVICES AND FEE The scope of services to be provided by Consultant shall be divided into the following tasks: SURVEY TASKS Task 1. Horizontal and Vertical Control - Consultant shall recover/set Horizontal and Vertical Control for use in Property Location and Design Survey. FEE: Lump Sum of $6,700.00 Page 3 of 6 Initial: ML: Client: Task 2. Task 3. Proposal No. 07-0196(8) Specific Purpose Survey - Consultant shall prepare a Specific Purpose Survey of the Proposed Improvements Site and adjacent area showing existing above ground improvements, topographic features, buildings, trees and edge of pavement. FEE: Lump Sum of $2,575.00 ARCHITECTURE DESIGN TASKS A. Stephen Boruff Architects (SBA) shall prepare Schematic Design Documents (30% CD Submittal) illustrating the floor plan and elevations of the public restroom and covered shelters including structural, mechanical, electrical and plumbing design to five feet (5') outside the building line. Architecture for the buildings will include relating to the existing theme of the park, and exploring the use of "sail-cloth" type shade structures. B. SBA shall prepare colored exterior elevations and related material for submission to City of Boynton Beach Site Plan Review. C. SBA shall prepare Design Development Documents (60% CD Submittal) further defining the project elements established in the Schematic Design Phase. D. SBA shall prepare Final Construction Documents (90% and 100% CD Submittal) based on the Design Development and the City of Boynton Beach approved documents. E. SBA shall assist in obtaining a permit for building construction. All building department review comments will be addressed for issuance of a building permit prior to bidding. F. SBA shall assist Client in obtaining bids/negotiating a contract for construction from General Contractors. G. SBA shall attend three (3) review meetings (in Boynton Beach) with the team to coordinate the development of the project, including the following: One (1) 30% Schematic Design Submittal review. One (1) 60% Design Development Submittal review. One (1) 90%/100% Construction Documents Submittal review. Page 4 of 6 Initial: ML: Client: Task 4. Task 5. Task 6. Task 7. Proposal No. 07-0196(8) H. SBA shall provide Construction Administration services during the construction of the project, including, but not limited to the following: Answer Request for Information (RFI) from the General Contractor. Review shop drawing and product data submittals from the General Contractor. Four (4) site visits during the construction of the project including the preparation of a "punch list" at Substantial Completion. FEE: Lump sum of $25,800.00. STRUCTURAL ENGINEERING TASKS Restroom Structural Design - Bridge Design Associates will provide structural engineering design, detailing and specifications for new public restrooms. FEE: Lump sum of $4,600.00 Construction Services - Consultant shall provide limited construction services as follows: Pre-construction: Consultant shall attend one (1) pre-bid conference and one (1) pre-construction conference. Construction Observation: Shall include up to three (3) periodic observations of the landscape work. FEE: Lump Sum of $1,400.00 ELECTRICAL ENGINEERING TASKS Lighting Design - Electrical Design Associates shall prepare wIring, circuitry, schedule of fixtures, details, note form specifications and recommendations for restroom electrical service and covered shelters compliant with the City of Boynton Beach Building Department review and permitting requirements. FEE: Lump Sum of $3,450.00 LANDSCAPE ARCHITECTURE PROJECT MANAGEMENT Management and Coordination - Consultant shall participate with the Project Architect in establishing a suitable design vocabulary for Boat Club Park, as well as coordinate Architecture and Engineering production of Schematic Design Documents (30% CD Submittal) and Design Development Documents (60% CD Submittal), including assembly and submittal of document packages to the City of Boynton Beach for respective phase reviews and bidding assistance. All project documents to the Client will have Consultant Corporate contact information. FEE: Lump Sum of $6,400.00 Page 5 of 6 Initial: ML: Client: Task 8. Task 9. Task 10. Proposal No. 07-0196(8) MISCELLANEOUS TASKS Additional Meetings/Miscellaneous Coordination - Consultant shall attend meetings at the direction of Client on an hourly basis. These meetings shall be above and beyond the meetings proposed in the previous tasks. The fee for this Task is estimated not to exceed $1,500.00 without prior authorization from Client. FEE: Hourly per the attached Rate Schedule. Miscellaneous Services - Consultant shall provide miscellaneous services as requested and authorized in writing by Client. The fee for this task is estimated not to exceed $1,500.00 without additional authorization for the Client. FEE: Hourly per the attached Rate Schedule. Reimbursable Expenses - Consultant shall provide services, as necessary, to assist Client in the processing of documents, permitting, construction coordination or other requested tasks to facilitate successful completion of the Project. Costs incurred in providing these services shall be reimbursed in accordance with the General Conditions. For this Project an initial budget of $4,500.00 in reimbursable expenses shall be established. This budget may be increased upon authorization from the Client. FEE SUMMARY TASK LUMP SUM HOURLY SUBTOTAL NUMBER TASK FEE NTE FEE BUDGET FEE Task 1 Horizontal and Vertical $6,700.00 $0.00 $0.00 $6,700.00 Control Task 2 Specific Purpose Survey $2,575.00 $0.00 $0.00 $2,575.00 Task 3 Architecture Design $25,800.00 $0.00 $0.00 $25,800.00 Task 4 Restroom Structural Engineering Design $4,600.00 $0.00 $0.00 $4,600.00 Task 5 Construction Svcs $1,400.00 $0.00 $0.00 $1,400.00 Task 6 Lighting Design $3,450.00 $0.00 $0.00 $3,450.00 Task 7 Project MQt & Coordination $6,400.00 $0.00 $0.00 $6,400.00 Task 8 Additional Meetings $0.00 $1,500.00 $0.00 $1,500.00 Task 9 Misc. Services $0.00 $1,500.00 $0.00 $1,500.00 Task 1 0 Reimbursable Expenses $0.00 $0.00 $4,500.00 $4,500.00 TOTAL FEE $50,925.00 $3,000.00 $4,500.00 $58,425.00 I \Pbo-mai n\data\Proposals\2007\07 -p0196 boynton\DocumentsIContracts\Scope\07_ P0196_Boynton_Bch_LAS_scope_B_REVISED 071907.doc Page 6 of 6 Initial: ML: Client: Proposal No. 07-P0196 (C) EXHIBIT A - SCOPE OF SERVICES Pier/Dock at Jaycee Park at Boynton Beach 1.0 PROJECT DESCRIPTION 1.1 The Project is generally described as follows: Providing consultant services for seagrass survey, environmental permitting, a pier/dock and boardwalk design at the proposed Jaycee Park in the City of Boynton Beach, Palm Beach County, Florida. Jaycee Park is located on South Federal Highway, Section 33, Township 45 South, Range 43 East in Boynton Beach, Florida. Professional Services shall include: Special Purpose Survey, Seagrass Survey, Environmental Permitting and Mitigation, Structural Engineering, and Landscape Architecture. These services include provision of Client consultation, design document preparation, coordination assistance with the City's Parks & Recreation Department, Public Works Department, Purchasing Department and Building Department, as well as, limited construction administration and construction observation for the assigned project. The Consultant shall provide sequential plan submittals for Client review and approval of park minor structures, lighting and landscape through to completion of bid set documents for the City's solicitation and selection of qualified contractors. 2.0 BASIS OF SCOPE 2.1 Survey: Consultant shall deliver a Specific Purpose Topographic Survey of only the East Boundary of Jaycee Park Should the Site Control Points necessary to perform survey operations be lost or obliterated, Consultant shall require additional fees to restore said lost control points. 2.2 Environmental: The agencies with jurisdiction for this project include the U.S. Army Corps of Engineers (USACOE), Florida Department of Environmental Protection (FDEP), and the City of Boynton Beach. Permitting for this project includes the pier/dock and modification of the mangrove mitigation area only. Permitting of improvements to the rest of Jaycee Park are not included in this scope but can be provided as an additional service. Consultant cannot guarantee the issuance of required permits. 2.3 Structural Engineering: Consultant shall prepare design of day dock / pier conforming to U.S. Army Corps of Engineers (USACOE), Florida Department of Environmental Protection (FDEP) permitting requirements and conforms to criteria and recommended standards of United States Coast Guard (USCG). Page 1 of 5 Initial: ML: Client: Proposal No. 07-P0196 (C) 2.4 Landscape Architecture: · The point of contact, project manager and coordinator for City of Boynton Beach is the Project Landscape Architect at Miller Legg. All plan submittals and team communications shall be routed to Miller Legg for record keeping and single point of contact. · Landscape Plans and Details are not included but can be provided as an optional service Irrigation design for Jaycee Park is not included, but can be provided as an optional service. · Tree Removal/Relocation is not included, but can be provided as an Additional Service. 3.0 INFORMATION TO BE PROVIDED BY CLIENT 3.1 Copy of Current Boundary Survey and Legal Description. 3.2 Previous seagrass surveys, topographic and/or bathymetric surveys and any other pertinent information. 3.3 Proposed plans for development of the upland portion of Jaycee Park as prepared by PBS&J. 3.4 Unrestricted access to Park site. 4.0 SCOPE OF BASIC SERVICES AND FEE The scope of services to be provided by Consultant shall be divided into tasks as follows: SURVEY TASKS Task 1 . Horizontal and Vertical Control - Consultant shall recover/set Horizontal and Vertical Control for use in Property Location and Topographic Survey. FEE: Lump Sum of $2,100.00 Task 2. Specific Purpose Topographic Survey - Consultant shall prepare a Specific Purpose Topographic Survey of only the East boundary showing 1 foot contours and existing topographic features of the ground, shore line and waterway from 100 feet west of the existing shore line to the west edge of the existing cut line of the Intercoastal Waterway. FEE: Lump Sum of $4,825.00 Page 2 of 5 Initial: ML: Client: Task 3. Task 4. Task 5. Task 6. Proposal No. 07-P0196 (C) ENVIRONMENTAL TASKS Environmental Resource Permitting - Consultant shall prepare and submit applications, permit sketches, exhibits, worksheets, calculations, and other support data to the USACOE and the FDEP normally required for permit approval. Consultant shall schedule and participate in up to two (2) on-site jurisdictional determination meetings with representatives of the USACOE, and FDEP. This task includes preparation of a draft Public Notice and Statement of Findings to accelerate processing due to USACOE staffing/workload issues. Following the initial submittal, Consultant shall respond to up to two (2) Requests for Additional Information (RAI) from each agency and coordinate with agency representatives as normally required based on previous experience for up to 9 months. Additional coordination beyond 9 months shall be provided as an additional service. FEE: Lump Sum of $18,000.00 Seagrass Survey - Consultant shall perform a seagrass survey to determine the presence or absence of seagrasses within the proposed project limits. This survey will be performed using meandering transects with SCUBA/snorkeling equipment. The approximate boundaries of seagrass beds, if observed, will be mapped using Differential Global Positioning Satellite (dGPS) and displayed on an aerial map. Per regulatory guidance, seagrass surveys for Johnson's seagrass should occur between April and September. Results from seagrass surveys performed outside this time period may require supplemental data collection prior to acceptance by applicable regulatory agencies. Additional data collection or seagrass surveys outside this survey area can be provided as an additional service. A preliminary estimate of seagrass impacts, if applicable, is included in this Task. The results of this survey will be included in a summary report. FEE: Lump Sum of $5,900.00 STRUCTURAL ENGINEERING TASKS Day Slip Dock/Pier and Boardwalk Design - Consultant shall provide structural design, detailing and specifications for the proposed day dock / boardwalk on the Intracoastal Waterway at Jaycee Park. FEE: Lump Sum of $18,900.00 Construction Services - Consultant shall provide limited construction services as follows: Pre-construction: Consultant shall attend one (1) pre-bid conference and one (1) pre-construction conference. Construction Observation: Shall include up to three (3) periodic observations of the landscape work. FEE: Lump Sum of $1,400.00 Page 3 of 5 Initial: ML: Client: Task 7. Task 8. Task 9. Task 10. Task 11. Proposal No. 07-P0196 (C) LANDSCAPE ARCHITECTURE PROJECT MANAGEMENT Management and Coordination - Consultant shall participate with the Environmental Specialist and Structural Engineer, as well as coordinate production of Schematic Design Documents (30% CD Submittal) and Design Development Documents (60% CD Submittal), including assembly and submittal of document packages to the City of Boynton Beach for respective phase reviews and bidding assistance. All project documents to the Client will have Consultant Corporate contact information. FEE: Lump Sum of $6,300.00 MISCELLANEOUS TASKS Additional Meetings/Miscellaneous Coordination - Consultant shall attend meetings at the direction of Client on an hourly basis. These meetings shall be above and beyond the meetings proposed in the previous tasks. The fee for this task is estimated not to exceed $1,500.00 without prior authorization from Client. FEE: Hourly per the attached Rate Schedule. Reimbursable Expenses - Consultant shall provide services, as necessary, to assist Client in the processing of documents, permitting, construction coordination or other requested tasks to facilitate successful completion of the Project. Costs incurred in providing these services shall be reimbursed in- accordance with the General Conditions. For this Project an initial budget of $4,500.00 in reimbursable expenses shall be established. This budget may be increased upon authorization from the Client. OPT/ONAL TASKS Mangrove Mitigation Area Permit Modification - Consultant shall investigate the previously permitted mangrove mitigation area on-site for the potential of adding a passive-use boardwalk. This Task includes preparing and submitting a revised passive-use conservation easement document, permit modification request for the boardwalk addition and responding to up to one (1) RAI. Recordation of the revised conservation easement document will be performed by the Client. FEE: Lump Sum of $5,300.00 Landscape Architectural Design A. Consultant shall prepare submittals of Final Construction Documents (90% and 100% CD Submittal) based on the Design Development documents approved by the City of Boynton Beach, including: · Full coordination with Environmental Professional and Structural Engineer for related plans and specifications. Page 4 of 5 Initial: ML: Client: Proposal No. 07-P0196 (C) . A landscape plan supplement to proposed overall park landscape. . Landscape notes and details including: plant schedule, depicting quantity, species, size at installation of all proposed plant material. B. Consultant shall prepare irrigation performance specifications for modifications, adjustments and expansion the existing irrigation system. One set of revisions required by Client upon review of the Design Development Submittal shall be included in this task. Subsequent revisions to the concept or site plan, if required, shall be provided as an additional service. FEE: Lump Sum of $4,500.00 FEE SUMMARY -i TASK LUMP SUM HOURLY SUBTOTAL I ! NUMBER TASK FEE NTE FEE BUDGET FEE -1 Horizontal and Vertical Task 1 Control $2,100.00 $0.00 $0.00 $2,100.00 I Specific Purpose Task 2 I Topoqraphic Survey $4,825.00 $0.00 $0.00 $4,825.00 i Environmental Resource I ! I Task 3 Permittinq $18,000.00 $0.00 $0.00 I $18,000.00 Task 4 Seaqrass Survey $5,900.00 $0.00 $0.00 $5,900.0C ! ~ Task 5 Day Slip Dock/Pier and $18,900.00 I Boardwalk Desiqn $18,900.00 $0.00 $0.00 Task 6 Construction Services $1,400.00 $0.00 $0.00 $1,400.00 I Landscape Architectural Task 7 Proiect Manaqement Svcs $6,300.00 $0.00 $0.00 $6,300.00 Task 8 Additional Meetinqs $0.00 $1,500.00 $0.00 . $1,500.00 i Task 9 Reimbursable Expenses $0.00 $0.00 $4,500.00 $4,500.00 I TOTAL FEE $57,525.00 $1,500.00 $4,500.00 $63,425.00 ~~."--_.~- I I OPTIONAL FEE SUMMARY TASK LUMP SUM HOURLY \ SUBTOTAL 1 NUMBER TASK FEE NTE FEE BUDGET I FEE I 1 I ~ ~ Mangrove Mitigation Area I Task 1 0 I Permit Modification $5,300.00 $0.00 . $0.00 \____ $5,300.00~ Landscape Architectural : Task 11 Desiqn Svcs $4,500.00 $0.00 $0.00 $4,500.00 I TOTAL FEE $9,800.00 $ 0.00 $ 0.00 $9,800.00 F:\Proposals\2007\07-p0196 boynton\DoCuments\Contracts\Scope\07~P0196 Boynton Bch LASscope C REVISED 071906 doc Page 5 of 5 Initial: ML: Client: VI.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine: Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office D August 21,2007 August 6, 2007 (Noon.) D October 16, 2007 October I, 2007 (Noon D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15,2007 (Noon) D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon) ~ October 2, 2007 September 17, 2007 (Noon) D December 4,2007 November 19,2007 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: : Motion to approve and authorize signing of an Agreement for Water Service outside the City Limits with Frederick Johnson for the property at 1047 Highland Rd, Lantana, FL (Ridge Grove Lt 61). 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 ALTERNATIVES: None. This parcel is within the Utilities service area. fJ/ k-~~ ~ UTILITIES City Manager's Signature Assistant to City Manager ~ >- - ~C .~ City Attorney / Finance De artment Head's Signature Department Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 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 FREDERICK 9 JOHNSON; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 1047 Highland Road, Lantana, Florida (Ridge Grove 14 Lot 61); and 15 WHEREAS, the parcel covered by this agreement includes a single-family home 16 located in the San Castle/Ridge Grove project area; and 17 WHEREAS, a water distribution main has recently been completed on this street, 18 vicinity, allowing for the service to this parcel; and II - 19 WHEREAS, no additional construction will be required by the City to serve this 20 property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby authorizes and directs the City Manager 27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 28 Frederick Johnson, which Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage. 30 S:\CA\RESO\Agreements\Water Service\.Johnson Water Service Agrecment.doc 1 2 , PASSED AND ADOPTED this _ day of October, 2007. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 Mayor - Jerry Taylor 9 10 11 Vice Mayor - Jose Rodriguez 12 13 14 Commissioner - Ronald Weiland 15 16 17 Commissioner - Mack McCray 18 19 20 Commissioner - Carl McKoy 21 Attest: 22 23 24 25 I I Janet M. Prainito, CMC 26 City Clerk 27 28 29 (Corporate Seal) S:\CA \RESO\Agreements\Water Service\1ohnson Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: Jam::: c 1\. 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 ~ day of d;;/ ,200 l, by and between ~!"F;.oF~;cJL. ~\'\f,~~ hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation ofthe State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration ofthe privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 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 Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary 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 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 \AGMTS\ Water Service\ Water 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:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-D6.doc 3 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND F='"n:; l.~Pl'd-, ~'I'.fi"""o "-.) (INSERT NAME) 1 IN WITN~SS WHEREOF, the parties hereto have set their hands and seals this J3 -Ilkr ,2007. WITNESS: 7~ f11 MA :1I';ss Signature ~[fJ y"" ;-f'_ M (Jnfis , Printed Witness Name ~~ ~~.tl Wj.!ness Si'gii'a,tur Q ~ I!J- -.J ,t::hJ Fr j11?) Printed Witness Name day of IND~tZ AS O~R(S): Owner Signatur~ F<t:U€e.\v~ ~",,'f){~t-.j Printed Owner Name Witness Signature Qg 0---- Owner Signatu~ F"~l:'\~{.;r:/k- :r~ nns.cl t--J Printed Owner Name Printed Witness Name Witness Signature Printed Witness Name FOR INDNIDUAL(S)NOT ARIZATION: STATE OF -170-1lk ) la' () it. ) ss: COUNTY 0 .. 4J]( J1CJ..l I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State ~resaid, and i <. .the County aforesaid to take acknowledgments, personally appeared en I . '~ItC...... to me known to be the person(s) described in an~ who executed the fore oing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: rDLTt :; ffX5 -;)59 -7"7- .:;~c..;.3 - 0 . 11 WITNESS my hand and official seal in the County and State last aforesaid this ;;<) day of .-r'L~1 ,2007 (N ot~ Seal) l~tJlY ~\.; Notary Public State of Florida ('.'1 ,HI' /7. 11- / . Carol A Mahoney ~ ~ , My CommI'ssI'on r-:' .i/'._ My Commission 00460414 l' ~.: Expires 0811012009 Notary Pub IC 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 Kurt Bressner, City Manager ATTEST: 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) Notary Public My commission expires: S:\CA \AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. Esquire Goren. Cheret. Doody and Ezrol. P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF IlWe, ~~SnF-0r.l~~ JO.~n.s~u , 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 of this power is descnbed as follows: PCNNo.:OO-L{S - ~~- ()9 - 08 - 000-66 {() The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 0$ day of d d , 20 sf] and the powers and authority shall ~ irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the ;(3 day of J]1;[)tJ,c Jf , in the year 20 ~7 J d" h f Sealed and elivered ill t e presence 0 f~ )tf~tr W~s Si~aturf1 t? r ( of> 0 Ct-- -r oS Print Name , ~~ ~. /V Owner Signa " ...,.-. N .,--. . II' ,ll.....i'l ~ t".0t",De;.f )\(' X d()(),,r.~ Print Name / .,..-.... f /~, C._ / '~'/I...L- '---1-'-1 lj.<..c... ,./ " . "'--" , I I Witness Signature /' j ~'/>_ ,/.-::" /,J c.:...~ /,?!~~ Print Name Witness Signature f) C2-- l/ /J..)/ -t-,~ Owner Signature F(,~-f_l vL -:f~ hr.so0 Print Name Print Name Witness Print Name STATE OF FLORIDA ) ) SS: \ ) COlJl'~TY OF PALM BEACH ~: FOREGOING INSTRUMENT ~ ac. k:\>o~ledged .\>efore me this 13 day of I ,L~, 20fil, by ." \C ( \f Il ~ I( jo ~U7 "OVt and who are known to or who have produced I l ~ ~ . -77..,J ,Pas identififtation and wh,O did/did ,no; take an oath. ~t&-Q fl I~Ct (,-~ y liOTARY PNBL1C / ) {I([.I 11 J ~O r1()H eL r( Type or Print Name I --......- Commission No. My Commission Expires: S:\CA\AGMTS\Water Service'power ofatty.doc - 1-{)..O6 H:\l 990\900 I 82.BB\AGMIiPower of Attorney-lnd 1-30-06.doc ~otary Public State of Florid;- varol A Mahoney ~y Commission DD460414 ,expires 08/10/2009 ---Ii :i'''~~Y "(.of'" . '" 1 ,,; ~o,p,.rJI' I~ I --1 1560 . - -- -... . ----- 1 in. = 89.6 feet I 8UZ27d226 2220 2200 ! 2180 2040 2060 2070 2090 211UZ120 2130 2141 2160 I o 168~ 67016601650164!~ I 1610 160d15901580 690068 60oo5900571! 0560 , 6700 6600 65Q> 6fI8.183qJ I I UI~Ui-'Aii.~ LLI~rrL81~LLtRJL~....__ --_1..___ I I 0420 044~45Q)4600470 0481 0491051 00 5Q8Z83Q) 54Q) 550 90 0370 0360 i- - - - . 032mmr1I~P.M) 028Q)27Q)260 J 0330 170 0190 0200 , 0220 02400250 1561 tg("'\ C\~ 1; -.' "-- .~.' -, \.-, " 'C) i v Location -1047 Highland Rd /' Railroads Tax Parcels 2005 LOT Labels L7 Tax Parcels 2003 LOT Labels , L7 Tax Parcels 2002 LOT Labels Sewer Lines Sewer Lines (Manatee Bay) Water Mains / Water Mains (Manatee Bay) I Street Centerlines I' STREET Labels l Streets (Manatee Bay) . hydranCequipmentprjSP _Proje I TRSgrid Water :i- L7 Utility Service Area ! i ,0_. 1."\ --I 7 ~)- I~<j. ,-~.- , -'--.-< --- --..-. Location Address: 1047 HIGHLAND RD , YieVll Ma~, . ~{,' _~"'~:';' 8':!:,:~,.,.: _y..'.: .~-:'.:: "" ::"1'~~<,:,:~i'N "'IfL,;,,, 0 - :EAi::: I~JL/ l.Cti.t:.. /; Municipality: UNINCORPORATED {{,.tit' Jr?-lk. tf~.. Parcel Control Number: 00-43-45-09-08-000-0610 Subdivision: RIDGE GROVE IN Official Records Book: 21797 Page: 1091 Sale Date: May-2007 Le9aU)_es_criQ~jo.1l: RIDGE GROVE LT 61 -.----.....--' Owner Information Name: JOHNSON FREDERICK W l",:~,,~!M~~!;i+0i!i1' I Mailing Address: 1047 HIGHLAND RD LAKE WORTH FL 334626111 ~ Sales Information Sales Date Book/Page May-2007 2179711091 Dee-1998 1._0850LQ'Z.'ZS> Aug-1987 053~0828 Price Sale.IYQe Owner ~A<'4~_;,1 $57,000 WA RRANTY DEED JOHNSON FREDERICK W $25,000 WA RRANTY DEED SUGAR BELLE CORP $16,500 WA RRANTY DEED ["" Exemptions I Exemption Information Unavailable. I Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: UssLC.Qde: 0100 20Q7 P 2Q06 200S $22.691 $25 759 $18.500 . $48.489 $35 917 $23.323 $71,180 $61 676 $41,823 Property Information Number of Units: 1 *Total Square Feet: 384 l Description: RESIDENTIAL * in residential properties may indicate living area. P = Preliminary Values ssesse an axa e a ues I Tax Year: 2007 P 2006 2005 , Assessed Value: $71.180 $61.676 $41.823 li0;ilii..iaqal,t'PiJ I Exemption Amount: $0 $0 $0 Taxable Value: $71.180 $61.676 $41.823 i i A d dT bl V I Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2007 P 20Q6 1005 $1.197 $1 126 $797 $226 $264 $243 $1.423 $1 390 $1.040 l2~;~,,~~q~P;J I",x ColiectorWeb..Si.te 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. r-f-- 1 http://www.co.palm-beach.f1.us/papalaspx/web/detail_info.aspx?p _ entity=004345090800006l O&geonav... 8/22/2007 JOHNSON FREDERICK W -:N Number: 00-43-45-09-08-000-0610 ........ilding Structural Data and Drawing are for the Current Tax Roll. BUILDING! Structural Element for Building 1 Extra Feature Description Year Built Units "Itio 1946 360 CILITY BUILDING 1946 108 Unit may represent the perimeter, square footage, linear footage, total number or other measurement of the feature depending on the feature described. Detailed Land Information Land Line # Description 1. SFR 1. Exterior Wall 1 2. Year Built 3. Air Condition Desc. 4. Heat Type 5. Heat Fuel 6. Bed Rooms 7. Full Baths 8. Half Baths 9. Exterior Wall 2 10. Roof Structure 11. Roof Cover 12. Interior Wall 1 13. Interior Wall 2 14, Floor Type 1 15. Floor Type 2 16. Stories ASB. SHG, 1946 NO HTG/AC NONE NONE 1 1 o N/A GABLE/ HIP ASPH/COMP. SHG. WALL BD./ WOOD N/A VINYL/ ASPH TILE N/A 1 Subarea and Sq. Footage for Building 1 No. Code Description Sq. Footage 1. BAS BASE AREA 384 Total Square Footage: 384 Total Area Under Air: 384 lii;d~~KII Zoning RM Units 1 ~ili~1 11a;'I,~Li:iI!\'~tl 1<,ecQEU;~9.!~r} I Exemption~~-File I Informijtion I Exernptiollii I Community I Employment I New Home Bl!'@!: I Office Locations Value Adiustment Board I Save OUI' Home~ I Senior Corner I Disclaimer HomJ; I Links I Glossary I EAQ I Forms I Contact Us I PAPA (s;) 2007 Palm Beach County Property Appraiser. http://www.co.palm-beach.f1.us/papa/aspx/web/detail_inf02.aspx?p _ entity=004 3450908000061 O&Owner... 8/22/2007 VI.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORIVl 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 Meetine: Dates in to Citv Clerk's Office D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1,2007 (Noon D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15, 2007 (Noon) D September 18, 2007 September 3,2007 (Noon) D November 20, 2007 November 5, 2007 (Noon) ~ October 2. 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon) Consent Agenda Code Compliance & Legal Settlements Public Hearing D City Manager's Report D New Business D D D <::;) ~.-J (0') r'l -C;l I :"'J (") ::::; ~-< -:..:::) (") .-" '.-G-:I r.; ;.::; ~--( ~.,~== NATURE OF AGENDA ITEM D Announcements/Presentations D D D D Administrative ~ J.::a. ::::: (jj -i 02 V) ...,,- ""rlc::;" c.,,) - P1 .&:- \J:> fTl" RECOMMENDATION: Approve and execute, via a Resolution, the REVISED agreement between.:::c Palm Beach County and the City to provide funding in an amount up to $380,000 for improvements to Boat Club Park. The original agreement, which was ratified. during the August 7, 2007 City Commission meeting, was missing the following verbiage: the Project reoresents recreation projects enumerated in the 1996 $25.3 Million Park Imorovement Revenue Bond Issue, as amended: and. The verbiage was added to the revised agreement. Legal Unfinished Business EXPLANATION: Palm Beach County inadvertently did not include some verbiage to the agreement that was originally submitted to the City for ratification. Although the change was minor, it was inconsistent with Article 1, Section 1.01 of the agreement, i.e. The foregoing recitals are true and correct and are incorporated herein as iffully set forth. Consequently, it was necessary to revise agreement by adding the missing verbiage. PROGRAM IMP ACT: Boat Club Park is used by thousands of people every week. With support from the County, we will be able to make significant aesthetic and functional improvements to one of our most popular facilities. The park will be safer, look better, and be easier to maintain. FISCAL IMPACT: $37,500 is currently allocated in the CIP (Account # 302-4108-580.62-01) for planning and design costs. The $380,000 received from the County ~i co construction costs. " -----..-------- Department Head's Signature Assistant to City Manager CJtv..A/ " , .- '\ ..::=--- Department Name City Attorney! Finance S\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I : i 19 20 21 22 23 RESOLUTION R07- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVISED INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH TO PROVIDE FUNDING IN AN AMOUNT UP TO $380,000.00 TO ASSIST WITH COSTS FOR CONSTRUCTION OF BOAT CLUB PARK RENOV ATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the original Interlocal Agreement to provide funding for Boat Club Park was approved at the City Commission meeting on August 7, 2007; and WHEREAS, Palm Beach County inadvertently did not include language referencing that the project represents recreation projects enumerated in the 1996 $25.3 million Park Improvement Revenue Bond Issue; 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 and residents of the City of Boynton Beach to authorize execution of the revised Interlocal Agreement with Palm Beach County to provide funding in an amount up to $380,000.00 for improvements to 24 Boat Club Park. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. S:\CA\RESO\Agreements\lnterlocals\ILA(rev) with PBC for Boat Club Park renovations.doc Section 2. The City Commission of the City of Boynton Beach hereby authorizes 2 the Mayor and City Clerk to execute a revised Interlocal Agreement between the City of 3 Boynton Beach and Palm Beach County to provide funding in an amount up to $380,000.00 4 for improvements to Boat Club Park, a copy of said Agreement is attached hereto and made 5 a part here as Exhibit "A". 6 Section 3. That this Resolution shall become effective immediately upon 7 passage. 8 PASSED AND ADOPTED this _ day of October, 2007. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S:\CA\RESO\Agreements\lnterlocals\ILA(rev) with PBC for Boat Club Park renovations.doc Department of Parks and Recreation 2700 6th Avenue South Lake Worth, FL 33461 (561) 966-6600 Fax: (561) 642-2640 wwwpbcparks.com . Palm Beach County Board of County Commissioners Addie L Greene, Chairperson Jeff Koons, Vice Chair Karen T. Marcus Warren H. Newell Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" @ printed on recycled paper August29,2007 Mr. Wally Majors, Parks and Recreation Director City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 RE: 2002 Recreation and Cultural Facilities Bond - Revised Funding Agreement for Boat Club Park Renovation Dear Mr. Majors: Per our previous conversations, we needed to add a new paragraph to the "Whereas" section of this Agreement (the third "Whereas") in orderto specify an additional County funding source. Although this change does not modify any of the terms to which the City has agreed, the City nevertheless needs tL re-sign the Agreement due to this change. Therefore, we are requesting that you have the attached revised Interlocal Agreement approved on behalf of the City of Boynton Beach, and return both executed originals to us for approval by the Board of County Commissioners. Contact Susan Yinger, Administrative Support Manager, at 966-6653 if you have any questions on the Agreement. On behalf of Commissioner Mary McCarty and the Board of County Commissioners, we look forward to assisting the City of Boynton Beach with the costs of construction of improvements to Boat Club Park. Sin~, ~ ~~~-- Dennis L. Eshleman, Director Parks and Recreation Department DLE:SWY Attachment - Two originals of Bond Agreement for Execution and Return Copy to: Commissioner Mary McCarty, District 7 Kurt Bressner, City Manager Paul King, Assistant County Attorney INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR BOAT CLUB PARK RENOVATIONS THIS INTERLOCAL AGREEMENT is made and entered into on , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the City of Boynton Beach, a Florida municipal corporation, hereinafter referred to as "MUNICIPALITY". WIT N E SSE T H: WHEREAS, MUNICIPALITY owns and operates Boat Club Park located on South Federal Highway in Boynton Beach, hereinafter referred to as "the Project"; and WHEREAS, MUNICIPALITY has asked COUNTY to financially participate in the construction of renovations to the Project; and WHEREAS, the Project represents recreation projects enumerated in the 1996 $25.3 Million Park Improvement Revenue Bond Issue, as amended; and WHEREAS, on November 5,2002, a bond referendum was passed by the voters of Palm Beach County for the issuance of general obligation bonds for the purpose of financing the acquisition, construction, and/or improvements to certain recreation and cultural facilities, in the principal amount of $50 Million (lithe $50 Million Recreation and Cultural Facilities Bond"); and WHEREAS, the COUNTY has approved a recreation and cultural facilities project list and proposed funding allocations, as amended, for the $50 Million Recreation and Cultural Facilities Bond; and WHEREAS, the Project represents one such recreation/cultural project; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, both parties desire to increase the recreational and cultural opportunities for residents of Palm Beach County and to enter into this Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: 1 ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational and cultural opportunities for use by the public and thereby provide a mechanism for the COUNTY to assist MUNICIPALITY in the funding of the Project. Section 1.03 COUNTY will pay to MUNICIPALITY a total amount not to exceed $380,000 for the construction of the Project as more fully described in the Project Description, Conceptual Site Plan, and Cost Estimate attached hereto and made a part hereof as Exhibit "A". Section 1.04 MUNICIPALITY agrees to provide funding in an amount of $0 or greater to complete construction of the Project. The parties agree that the COUNTY shall provide its portion of the funding only after MUNICIPALITY has expended $0. Section 1.05 COUNTY's representative during the design and construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 966-6685. MUNICIPALITY's representative during the construction of the Project shall be Wally Majors, Recreation and Parks Director, Boynton Beach, 561-742-6255. Section 1.06 MUNICIPALITY shall construct renovations on the property as more fully described in Exhibit "B" attached hereto and made a part hereof. Section1.07 MUNICIPALITY shall utilize its procurement process for all construction services required for the Project. Said procurement process shall be consistent with all federal, state and local jaws, ruies and regulations. COUNTY shall have no contractual obligation to any person retained by MUNICIPALITY with regard to the Project. Any dispute, claim, or liability that may arise as a result of MUNICIPALITY's procurement is solely the responsibility of MUNICIPALITY and MUNICIPALITY hereby holds the COUNTY harmless for same to the extent permitted by law and subject to the limitations of Section 768.28, Florida Statutes. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 MUNICIPALITY shall be responsible for the design and construction of the Project. MUNICIPALITY shall design and construct the Project in accordance with Exhibit "A", attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto, 2 MUNICIPALITY shall initiate its procurement process to select the necessary professional engineer and/or architect to perform all engineering and/or architectural design work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03 MUNICIPALITY shall provide a copy of the engineer's and/or architect's programming phase documents (Le., site plan, floor plan, elevations, etc.) to the COUNTY's Representative for review. The COUNTY's Representative shall review said programming phase documents to ensure consistency with the intent of this Interlocal Agreement. Section 2.04 MUNICIPALITY shall be responsible for securing all permits and approvals necessary to construct the Project. Section 2.05 Prior to MUNICIPALITY commencing construction of the Project, MUNICIPALITY shall provide a copy of all plans and specifications, along with the associated costs thereof, to the COUNTY's Representative for review to ensure consistency with the intent of this Interlocal Agreement. Section 2.06 MUNICIPALITY agrees to totally complete the Project and open same to the public for its intended use within thirty six (36) months from the date of execution of this Interlocal Agreement by the parties hereto. Upon notification to the COUNTY at least ninety (90) days prior to that date MUNICIPALITY may request an extension beyond this period for the purpose of completing the Project. COUNTY shall not unreasonably deny MUNICIPALITY's request for said extension. Section 2.07 MUNICIPALITY shall submit quarterly project status reports to the COUNTY's Representative on or before January 10, April 10, July 10, and October 10 during the design and construction of the Project. These Quarterly reports shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by the COUNTY's Representative. ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by COUNTY to MUNICIPALITY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of MUNICIPALITY. Should the total cost of the Project exceed the amount as projected by MUNICIPALITY, MUNICIPALITY shall appropriate and expend the excess funds required for completion of the Project. The COUNTY shall not dispense any funds to MUNICIPALITY for the Project until MUNICIPALITY has appropriated and expended said excess funds for the Project. 3 Section 3.02 The COUNTY shall reimburse project costs under the terms of this Agreement to MUNICIPALITY on a quarterly basis from the date of execution of this Interlocal Agreement; however, should the need arise for MUNICIPALITY to be reimbursed on a more frequent basis, then COUNTY will, at MUNICIPALITY's specific request for each instance, make its best efforts to reimburse MUNICIPALITY within forty five (45) days of such special request. For each requested payment, MUNICIPALITY shall provide to the COUNTY's Representative a fully completed and executed Contract Payment Request Form and a Contractual Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include information listing each invoice as paid by the MUNICIPALITY and shall include the vendor invoice number; invoice date; and the amount paid by MUNICIPALITY along with the number and date of the respective check for said payment. MUNICIPALITY shall attach a copy of each vendor invoice paid by MUNICIPALITY along with a copy of each respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, MUNICIPALITY's Project Administrator and Project Financial Officer shall certify the total funds spent by MUNICIPALITY on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by MUNICIPALITY as indicated. Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total amount allocated to MUNICIPALITY for the Project until MUNICIPALITY completes the Project and provides COUNTY with either a Certificate of Occupancy or a Project Completion Certification as determined by COUNTY, and the COUNTY receives and approves all documentation as required in accordance with this Interlocal Agreement. The COUNTY's representative shall visit the Project site to verify and approve said final rei mbu rsement. Section 3.04 MUNICIPALITY shall provide a request for final reimbursement to the COUNTY no later than ninety (90) days following completion of the Project and provision of either a Certificate of Occupancy or Project Completion Certification to the County. Section 3.05 The County agrees to reimburse MUNICIPALITY an amount not to exceed $0 for pre-agreement costs. Section 3.06 For construction projects fully funded by the County, no more than 10% of the County's funding for the project shall be used for design and engineering costs for the project and be eligible for reimbursement under this Agreement. For construction projects not fully funded by the County, all design and engineering costs associated with the project shall be borne by the MUNICIPALITY, and will not be eligible for reimbursement from the County. Section 3.07 County shall reimburse Project costs only after MUNICIPALITY has expended its share of Project funding in its entirety. MUNICIPALITY shall provide the County with a certification, in a form acceptable to the County, from an independent auditor that the MUNICIPALITY has complied with this Project funding provision. The County will be 4 entitled to rely on that certification in reimbursing Project costs to the MUNICIPALITY under this Agreement. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 Upon completion, the Project shall remain the property of the MUNICIPALITY. The COUNTY shall not be required to pay MUNICIPALITY any additional funds for any other capital improvement required by or of MUNICIPALITY. Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. MUNICIPALITY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. Section 4.03 MUNICIPALITY shall operate and maintain the Project for its intended use by the general public for a term of thirty (30) years from the execution of this Interlocal Agreement by the parties hereto. MUNICIPALITY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.04 The rights and duties arising under this Interlocal Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. MUNICIPALITY may not assign this Interlocal Agreement or any interest hereunder without the express prior written consent of the COUNTY. Section 4.05 It is the intent of COUNTY to issue this funding assistance to MUNICIPALITY for the purpose set forth hereinabove. In the event MUNICIPALITY transfers ownership of the Project to a party or parties not now a part of this Interlocal Agreement, other than another governmental entity that agrees to assume, in writing, MUNICIPALITY's obligations hereunder, COUNTY retains the right to reimbursement from MUNICIPALITY for its participation to the full extent of the funding assistance awarded to accomplish the Project. Should MUNICIPALITY transfer management of the project to a party or parties not now a part of this Interlocal Agreement, MUNICIPALITY shall continue to be responsible for the liabilities and obligations as set forth herein. Further, MUNICIPALITY shall not transfer management of the Project to a third party without the written consent of the COUNTY. ARTICLE 5: USE OF THE PROJECT Section 5.01 MUNICIPALITY warrants that the Project shall serve a public recreational or cultural purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with 5 respect to use of the Project. Section 5.02 The term of this Interlocal Agreement shall be for a period of thirty (30) years commencing upon the date of execution of this Interlocal Agreement by the parties hereto. MUNICIPALITY shall restrict its use of the Project to recreational, cultural, civic, community and social purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 MUNICIPALITY shall affix a permanent plaque or marker in a prominent location at the completed Project indicating that the COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the County seal and a list of County Commissioners, unless otherwise directed by the COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the design/construction of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released by the COUNTY, except that such records shall be retained by MUNICIPALITY until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the five (5) year period. The COUNTY reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. ARTICLE 7: NOTICES Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be addressed to the following: As to the COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 With a copy to: County Attorney 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 6 As to the MUNICIPALITY: City Manager City of Boynton Beach 100 East Boynton Beach, Boulevard Boynton Beach, Florida 33435 ARTICLE 8: TERMINATION FOR NON-COMPLIANCE The COUNTY may terminate this Interlocal Agreement upon written notice to MUNICIPALITY for non-compliance by MUNICIPALITY in the performance of any of the terms and conditions as set forth herein and where MUNICIPALITY does not cure said non-compliance within ninety (90) days of receipt of written notice from the COUNTY to do so. Further, if MUNICIPALITY does not cure said non-compliance within the time frame specified above, then upon written notice, the COUNTY may require MUNICIPALITY to reimburse any funds provided to MUNICIPALITY pursuant to this Interlocal Agreement either in whole or in part once the COUNTY has reasonably determined that no other remedy is available. ARTICLE 9: REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the I nterlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 10: FILING A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION It is understood and agreed that MUNICIPALITY is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. It is further acknowledged that the County only contributes funding under this Agreement and operates no control over the Project. In the event a claim or lawsuit is brought against County or any of its officers, agents or employees, MUNICIPALITY shall indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type arriving out of or relating 7 to any intentional or negligent act or omission of MUNICIPALITY its agents, servants and/or employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. In consideration for reimbursement of costs incurred prior to the term of this Agreement, the foregoing indemnification shall apply not only during the term of this Agreement, but also apply for the period prior to the Agreement for which MUNICIPALITY is eligible to receive reimbursement from the County. ARTICLE 12: INSURANCE Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the MUNICIPALITY acknowledges to be either insured or self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. The MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation and Employer's Liability insurance in accordance with Florida Statutes Chapter 440. The MUNICIPALITY agrees to maintain or acknowledges to be self-insured for property insurance, in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, All-Risk property insurance for adequate limits based on the MUNICIPALITY'S replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. MUNICIPALITY shall agree to be fully responsible for any deductible or self-insured retention. The MUNICIPALITY shall agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this Interlocal Agreement. The MUNICIPALITY shall require each Contractor engaged by MUNICIPALITY for work associated with this Agreement to maintain: 1. Workers' Compensation coverage in accordance with Florida Statutes including endorsements for U.S. Longshore and Harbor Workers Compensation Act and the Merchant Marine Act (Jones Act) in the event any portion of the scope of services/work occurs over, near, or contiguous to any navigable bodies of water. 2. Commercial General Liability coverage at limits of not less than $1,000,000 Each Occurrence. The COUNTY shall be added an "Additional Insured". 3. Business Auto Insurance with limits of not less than $1,000,000 Each Accident. 8 4. If the construction work being performed exceeds $200,000, a payment and performance bond for the total amount of their construction contract, in accordance with Florida Statute 255.05. 5. The Contractor agrees to carry builder's risk insurance while the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum. ARTICLE 13: PUBLIC ENTITY CRIMES As provided in Section 287.132-133, Florida Statutes, by entering into this contract or performing any work in furtherance hereof, MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133 (3)(a), Florida Statutes. ARTICLE 14: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 15: SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 16: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the COUNTY and MUNICIPALITY, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 17: THIRD PARTY BENEFICIARIES This Agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. 9 IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST: SHARTON R. BOCK, Clerk & Comptroller By: Deputy Clerk ATTEST: By: Clerk APPROVED AS TO TERMS AND CONDITIONS: By: Dennis L. Eshleman, Director Parks and Recreation Department APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: County Attorney PALM BEACH COUNTY, BY ITS BOARD OF COUNTY COMMISSIONERS By: Commissioner Addie L. Greene, Chairperson CITY OF BOYNTON BEACH By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Municipality Attorney 10 EXHIBIT A PROJECT DESCRIPTION, CONCEPTUAL SITE PLAN, AND COST ESTIMATE 12 '~rhe City of Boynton Beach MAY 2 2 )(1107 ,-_lJ j Recreation & Parks Department Administration 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425-0310 (561) 742-6224 FAX: (561) 742-6233 Email: majorsw@ci.boynton-beach.fl.us www.boynton-beach.org May 11,2007 Commission Mary McCarty Board of County Commissioners Palm Beach County 301 N. Olive Avenue West Palm Beach, FL 33401 Dear Commission McCarty: Thank you for your donation of$380,000 for the renovation of Boat Club Park. This park is heavily used by both Boynton Beach and Palm Beach County residents and is being "loved to death." These funds will go a long way towards enhancing the facilities and the aesthetic nature of the park. Our plans are as follows: · Renovation or replacement of the restroom - this building is the first and last to be used by boaters and is a vital component of the park. · Replacement of the picnic sheiters - these shelters were constructed in the 1960' s and ere outdated and deteriorated. We plan to replace them with modern shelters that emulate the nautical theme of the park. · Replacement of park furnis~ings - the existing benches were constructed with the original shelters and are damaged and uncomfortable. Parks should be inviting places and the replacement of the furnishings will compliment the nautical theme of the shelters. · Landscaping - plants do have a "life span" and most of the plants in the park are either at the end of their years or have already been removed. · Replacement of the handrails on the boardwalk - the flat handrails on the boardwalk are commonly used to clean fish. This has created gouged, stained and splintered handrails. Replacement with a round metal handrail will prevent this in the future. Americas Gateway to the Gulfstream The following is a breakdown of the cost estimates: ELEMENT COST Restrooms 175,000 Picnic Shelters 110,000 Park Furnishing 50,000 Landscaping 25,000 Handrails 20,000 TOTAL $380,000 An aerial map that indicates that location of the renovations and a legal description are attached. If you need any other information to proceed with the Agreement, please let us know. We look forward to working with you on this project. Thank you. Sincerely, / ..' ",'- /. // (/ Wally Majors, Director Recreation and Parks Department (attachments) c: Dennis Eshleman, Director, PBC Parks and Recreation Department Susan Yinger, Administrative Support Manager, PBC Parks and Recreation Department Jody Rivers, Parks Superintendent, City of Boynton Beach Kurt Bressner, City Manager, City of Boynton Beach WM/jr -j~ (. ~:S'~~'~1 G..~..\' ~/......" , . Q) 2 CD 'T CD c -0 <D -0 (!) <D Z <D l.... <D .!:: S OJ I c: 0.. C'O C,) (/) -0 c: j ',~',:_,\ co I --1 -- r- c: Eit 0 0 l.... - ,,', (/) <D 0::: <D 0.. l.... ::l il. -- .::.::. C'O ~ -0 l.... C'O 0 CD <D OJ c: C'O l.... 0 >::: <D - <D .!:: Cf) c: <D <D l.... (9 )f rJ~' .(j ~. :~-,..,- c"."' ,,', __ tI) ,,: EXHIBIT B LEGAL DESCRIPTION OF PROPERTY 13 iDJEST A :UIBIl B lC::; 5, u f 5 liifarranty ))ted Ooc,-,",,'7 Tu I'd . J? ~.) C7J · hta....lbh 'f.. Pd. Cl.~'l.rl" II". in."u....", ""'I P,.pa,ed by, nJ cr -i ,.., o Cl (SIAIUIOn fOUl- SImON 619 01 'S) GENE MOORE, LAWYER 639 E. Ocean Avenue Post Office Box 910 Boyn ton Beach, na. 33425 lJ~(J lnbrnturr, Mod. thi. J~. day 01 January 1985 Ilrlmrrn ARNOLD STROSHEIN, Individually and a~ non-homeatead property Trustee, conveying hi~ ~eparate Ul 00 01 the (oun,.., of Palm Beach SIal. 01 Florida . Qfonlor.. and CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation who.. po.1 olfiet odd".. i. 1 02 E a ~ t Boy n ton Be a c h B I V d . Boynton Beach, Florida 33435 ", 0/ ,he (oun,.., of Palm Beach . 5'0'. 0/ Florida . oront.... N ~ .UnrJII'I~, Thai ",id gronlo" 10, and in (on.id..otion 01 the \Um 01 TEN----------------------------------------------___no/100 .# 00110... , and oth.r 900d and yoluable (OnJ.id.fo'ion, '0 \aid gronlor in hand paid by laid ;ro"'.., the rt<eipt wh.,eo' i. h.,.by z ad nowl.dgtd. ha. g,anttd. bargoin.d and ",Id to t'" ",id g,on'... and gran'.... "'il\ and oui9"1 10....'. 'h. lollowing ~ d..crib.d land. .ituol.. lyinV and Wing in P a I m Bee c h (oun". FIo,ida. 'o-wi" ~ From the Southweat corner of LOT 12, SAM BROWN JR.'S HYPOLUXO SUBDIVISION, according to ~ the Plat thereof, recorded in Plat Book I, Page 81 of the Public Recorda of Palm Beach County, Florida, running Easterly along the South line of said Lot 12, a distance of 94.84 feet to the Eaat right-of-way line of State Road No.5 and an iron pipe, THE POINT OF BEGINNING; thence running an angle of 82026' from Eaat to North running Northerly along the Eaat right-of-way line of State Road No.5, a diatance of 203.44 feet, thence turning an angle of 97034' from South to East and running Eaat a diatance of 328.62 feet to an iron pipe, thence turning an angle from Weat to South of 82026' and runnning Southerly on a' line parallel to the West line hereof, a distance of 203.44 feet to an iron pipe; thence turning an angle of 97034' from North to Weat and running Weat a diatance of 328.62 feet to an iron pipe and THE POINT OF BEGINNING. SUBJECT TO: eaaemente, re~ervationa, reatrictiona, road- right-of-way of record, if any. and taxea for the year 1985 and thereafter.SUBJECT FURTHER G to that certain mortgage in the original princpal amount of $95,000,00 in favor of Millicen v Opportunities Corp., said mortgage being dated January 16, 1978 and recorded in O.R.B.2802 'I D at Page 1341 of the Public Records of Palm Beach County, Florida, which mortgage Grantees ) V agree to assume and pay. 1 (, 0 .JS \.", ')- I and .aid gronto, dotl ...."by lully worron' ,h. ,ili. 10 .oid lond. and will d.r.nd the ",In. again.' ,'" law/ul claim. 01 011 ~ p."onl _hom,ot..,.,. ., "Grantor" and ..gront.... or. uu.d fOf \in9ulo, 0' plvto', 0\ con't"a. 'Iqui,,,. .11n _Unrlll m~'r'nr. G,onlo, ho. h...unta .., gro,,'o,'. h<y1 ond "01 ,he day and Y'O' II", oba.. w,ill.n. ~d. ~ol.d and d"i'''~d in Ou' p,...ne., t/:Ct!0. /7 ~ ,~ ~ /~~~ Is.c./) (s.c./) Ind ividual rs.c./) ( Seal) 5 T A Tf OF FLORIDA' COUNTY Of PALM BEACH , HEREBY CERllfY rho. 0" 'hi. day b.lor. ..... an ollicH duly ollO~~ 'a 'ok. CKknowle<lg....nh. peno_1Iy oppea,ed ARNOLD STROSHEIN, INDIVIDUALLY AND AS TRUSTEE. n lJ \J -f I.. d.wrib.d in and who ..e<u.flf t~ for.ooinv n ., I- .~/~ inlt,vmen' o"d ocll:nowl.do.d belOf" me thot (/ f&::L-j Q:....~ Notary Publi< :;;';-n: G.n. 1.400r8 ~ L_ ~ P. O. Box 910 ......::::-- Boynlon Beech, .... R ec. .)-: G, U Fla. St. - /7J2 <:;u Surtax - 1/ Inta~ - ~ '..2S / .;Z] Y. / (' :3 NOTARY PUBLIC STATE Of flORIDA AT LARGE MY COMMISSION EXPIRES SEPT 23. 198& BOf(OEl) THRU GENERAL INS. UNDERWRITERS RECORD VERlREO PALM B1:ACH COUNTY FLA JOHN B. DUNKLE CLERK CIRCUIT COURT - TLL CALL. # 55 Return: G... """ p, o. ""'" 910 8"""""" ~ ,.., .-c,.. - ~."'D Fl.. St. - b d W. '0-<:> surtaX - lMallllo - DEC-20-1988 03:27pm 88-351741 OPB 5909 P3 1058 PROJECT B EXHIBIT B PAGE 1 of'] ~rtl;; J , ! This I""'ument Prepeud by: ! 1 d .udr.... HIS II"STRLIMENT WAS P.fi~"'~,RrD BT GENE MCCrt ....nOl-<NEy.AT.l..AW P. c.,BOX 91G 1lO.....'ON &EACH. FLOAolOh -3:J.4;06 Con 1,100,000.00 Doc 6,050.00 JOHN B DUNKLE, CLERK - P9 COUNTY, ~L Property Appraisers PlTc" identification (Folio) Humber(s): SPACE AIlOVE THIS liNE FOR REtaRDING DATA litis Mlarl'llnty Jl)ccd ,\f"d,. Il,e 10th .I,,>, o{ November A. D, IC) 88 by KIRSCH HOLDING CO.INC., a New Jersey Corporation IlerpiHllfh'r coHea dlf:~ qruJllor, 10 CITY OF BOYNTON BEACH, FLORIDA, A Florida Municipal Corporation '''/''l.'~ ,.",'offi<~ (Illd"." i, city Hall, Boynton Beach, F lor ida 33435 lH'r(.itlufh" ('ul(('(1 tllC! !trulllpt': ry.,'''tlf'\f'r Il'fll hrl!"ill Ih.' If"III' "IIII,lI1t"," ;1nll "W:I;lIII"~" Inflllllr ..II lhf' partir. III thi, in~humf'nl and du' 1,,'If'. IClI;>l frl.H"'f'IIIJ1tilr- ,11..1 ...","ll~ ..I ...di\idu.al,_ ilUtl lh~ .urcnl11U and a..IIIlII' of rorpontiun,) ttJitnessdh: Tim' ,/". """""r. {or "",I ill co",i,/..,utioll ,,{ ,/,~ "'"' 0/ $10.00 I'"lu"I,I.. co",i,l,'rulioll'. ".....ip~ ...1".".o( is 1"."./,,' lIc~lIoll.I,.,I!l"'1. I".".!'y W,,"I.. !'"r(loim. ,ell" mi,~,. r~I,'",e,. co,,,"'ys ",,,I (oll{i"''' 111110 1111' w,,"t~r. ,,/I 11,,01 Cl'rllIill.lu,"/ ,jlllnl. ill Palm Cuullty. F1om/a. ,'iz: a",/ oll.rr ali(!,u. r~- Beach LOT 7, of SAM BROWN JR.S' HYPOLUXO SUBDIVISION, to the Town of Boynton Beach, County of Palm Beach, Florida, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1 at Page 81, LESS the Right-of-Way for state Road 5, (U.S. Highway # 1) SUBJECT TO: easements, reservations, restrictions, road-right-of-way~ of record, if any, and taxes for the year 1988 and thereafter. logether wll" all Ihe lenement,. heredilomellt. and appurl.nonces Iherolo belonging or In any- wise appertaining. 10 Hallt and to Hold, Ihe ,orne in Ie. ,impl. {or.ver. Rnd II,e grail lor hereby co,'enan" will, ,aid gran I.. 11,01 ,h. granlor I, low/ully ,.i:t.d 0/ ,old 1011.1 ill {.e ,imple: II.al II,. gralllor "a. good right and lawful ou,llOrily 10 ,.ll and conv.y ,old land; thnl th. grolllor he,e/'y fully woTtun" II,. lille 10 ,aid land and will de{.nd II,. ,am. against Ihe low{ul claim, o{ "ll persall' whom,oeve,; 011.1 11,01 ,aid land i, free 0/ 011 .ncumhranc.,. exc.p' laxe. accruing sub,..qu.nl 10 Decemb.r ) I. 19 87 lit ltJitness ~hereof, ,,,. .01.1 grantor 1,0' .igned 011.1 ,,01..1 Ihe.e pro..nls Ihe day and y.ar Ii,,' "bove wrillen. r.,.lIce: KIRSCH-He-I:;UlN~.l.;Y-;"', INC" ..il. New ,:re.J:'s~~po::::J.ticn ~ '," C~~Y:~:~,~'~'~':""'~'~~~,~.~.~.~'~.aD C . Noweis" RECor~O VE:RI[EO STATE Of NEW JERSEY PALM BEACH COIJ j TY. FLA. COUNTY Of -MONMOUTH . JOHN B. DUN LE ' CLERK CIRCUIT COUtII-,HEREBY CERTIFY .hlt 00 ,hi. day. before me. an olfic., duly authoriz<d in ,he Stale afo....id and in .he CoulI'y aforesaid, '0 uke acknowledsmenll, penonally appeared Irving B. Kirsch, President of Kirsch Holding Co., Inc., a New Jersey Corporation to me k"own to be ,he penon described in alld who executed the 1,..~oil'S in",')menl and . he acknowledsed before me thillt he executed the same. WITNESS my hand and official seal in the County and. :itate laJ~ .Irf,reli~ii tiul November A. D. 19 88 10th My commission expires 6/28/89 e Ii rI ",rt..OftJ~.....~!~.~.~.~..M:..~m...:...... ~'1 i>ublic NOTARY PUBUCI1lJ)NEW JERSEY .. Mv Commipion F.xpir~s June 28. 1989 "\ , ,,-...:: '" > '"' , \~ .~ ~ ., <, '- ~ ~ <:1; " 1 ;:l J,l., 3 -ti ." ..: ., "lj 'ii os o d.y 01 . \Iv I ~L. ......-rl'L-L... ~dr"". ) Re1U"" CO_ "00<' it 55 PC" 910 B~_.. ~ ... ~ - J! (e.. fla. St. - )::>U') , u-v' Surtax - l..ona. - .") <)/ /, / GJ PROJECT B EXllBIT B PAGE 2 of 3 Thl~ Instrument Prepared by: alidl"': THIS IN~rT(. ,:.fIT WAS Ph:rXf,iH.O BY GE.NE. "'ior,( AnCr;1'-i~Y.AT-LAW P. O..BOX 910 OOmTON BUCW, n.~ ~ , J DEC-20-1988 OJ: 27pm 88-351742 ORB 5909 pg 1059 Property Appnlsm Pareel Identlfteallon (Folio) Number(s): Con 1,000,000.00 Doc 5,500,00 JOHN 8 DUNKLE, CLERK - P8 COUNTY, rL SPACE AsaVE THIS LINE fOA AEtoAOINO DATA lhis lLnJan'anty .IDrcd Me,"" I/,e / [) Pf.... "a)' of /j/U.,;i>y/iE<. :\. [) I(i 88 1,)' IRVING B.KIRSCH and CLARA F. KIRSCH, his wife (a/k/a Clara Kirsch) Ilere'iou/ter culled 111(-' orolllur, 10 CITY OF BOYNTON BEACH, FLORIDA, a Florida Municipal Corporation ",fH>SO pos/office (lI/"r"ss is City Hall, Boynton Beach, Florida 33435 11I'rei,w{t('r culle,1 tile qnHtlc'r': , . ;I~ h~;.~,~:r 1',~:I"~: I/;;";~'~I" "I:~;" ~~,' "~:,d "::,':;:::.' .,tn;~'d"~J':::~~~' .",::j'"I:'~~ ,;o~~c:::~'rJ~a;~'~' .:':;0<::;'. o;n\:~";~~;':~i".r:1 ~(Jilnrssrlh: T/IClI ,Ill' f{nllllor. fur 0",1 ill (.lI,,~idc'r(lliIHl of III(' sltm uf ~ 10.00 and oilier puluuJ)/(J cotlsitll'ru/ions. rp("pipl UJ/lt'r('of is Ilf'rc.I,~. (1CktlOll,/(.,/ql"1. IlI'r(,/lY {fronts. hor!lotlls. 5~IlJ. alic.>Iu. reo mises. r('lpusr!s. ("rHI(I('YS (l11l1 ('oH/inns Ulllu lilt' "rol1l('('. {Ill dHlI eNluIII 1011(1 sitllC1le in Palm Beach CoulIly, Fioric/o. lliz' LOTS 8 and 9 of SAM BROWN JR. '5 HYPOLUXO SUBDIVISION, to the Town of Boynton Beach, County of Palm Beach, Florida, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat book 1 at Page 81, LESS the Right-of-Way for State Road 5 ( U.S. Highway No.1) SEE ATTACHED FOR FURTHER LEGAL DESCRIPTION TO SUBMERGED LANDS. SUBJECT TO: easements, reservations, restrictions and road-right-of way of record, if any, and taxes for the year 198B and therafter. Iogelher will. all II.. lenemenl.. heredllamellll alld appurlenancu Iherelo belonging or In any- wise Clppl'rfaining. Io Malle and to <<old, II.. .ame in fee simple forever. Rnd II" grail lor h.,eby covenall/' with said grall/.. 11.01 fhe grall/or i. lawfully seized of .aiel 10",( ill f.e simple; :hal Il,. grall!or I",. good righl and /owful out/lOrily 10 .ell and convey said lalltl; illaf ille gran/or h.,e{,y fully worton I. Ihe fille 10 saiel lalld a"eI will defend Il,e 'ame aguiml Ihe lawful clal"" of oil perJam wllOm.oev~r; and 11,01 ,aid land is free of all encumb,ance!, except laxe! accruing mb..queni /0 December 31, 19 88 In lMitness ljfhereof, II.. 'Old gra"lor 1.0' S1\llle.J clCu:Ls_Id-tku-~ Ihe day and yeor I".f above wrillen. / S,glled ..aled anJ deliver resellce, ~-..:~ -=~'~~jdii)ft~Kir~hhL-)'h' h~'I:: ULiU~~L fjl."VJhLA\ Clara F. Kirsch \ STATE OF NEW.JERSEY COUNTY Of MONMOUTH 1 HEREBY CER1'lfY that on thi. day. before me, an orcic~r duly :\ulhNized in the StOlle: 41tor~said and in the County alor~said. to takt ac:knowledgmenu, perJOnaUy a.ppeared IRVING B. KIRSCH AND CLARA F. KIRSCH, his wife to mr known to be the person dcscrit.ed in and who rxerulrd the forq.'..~'H{ in"tru.r.~!...,'.t and they lcknow1edsed bdorc me thitt theyxecu,tr.d the same, \VITi'tE.SS my hand and oflicial sral in the County anoJ Stat.: '~l~ If,:,,r.:..id thi\ 10th day 01 November A. D. 19 88 .N9~"nh~ ~:I~Lh~~'~"--"" ~~J;} .l\'0T""i p:'::". '.'r IiCo" JenOLI . \ ':..' . r ,)/I~ 28, 1989 My commission expires 6/28/89 ORB 5909 pg 1. U6U PROJECT B EXHIBIT B PAGE 3 of 3 AND a Tract of s~erged land in Section 15, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly. described.as follows: Beginning at a point in the South line of Lot 9, Sam Brown Jr.'s Hypoluxo Subdivision, according to the plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, page Bl, at a distance of 989.93 feet South 890 19' 00" East of the Southwest corner of said Lot 9, said point being in the high water line.of the West shore of Lake Worth; thence North 120 06' 34" East, along said high water line a distance of 149.40 feet to a point in the North line of said Lot 9; thence South 890 lB' 20" East, along said North line projected Easterly, a distance of 217 feet, more or less to a point in the City of Boynton Beach Bulkhead Line, as established November 19, 1956, by Ordinance No. 289-1; thence South 40 42' 28" West, along said City of Boynton Beach Bulkhead Line, a distance of 146.77 feet, to a point in the Easterly projection of the said South line of Lot 9; thence North 890 19' 00" Mest, along the Easterly projection of the said South line of Lot 9, a distance of 237 feet, more or less, to the Point of Beginning. RECORD VERIFIED PALM BEACH COUN fY. FLA. JOHN B. DUNKLE CLERK CIRCUIT COURT EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES PURCHASE SCHEDULE FORM 14 fit ~ PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT EXHIBIT C CONTRACT PAYMENT REQUEST Date Grantee: Project Name: Submission #: Reimbursement Period: Item ~ Project Costs This Submission Cumulative Project Costs Consulting Services (CS) Contractual Services (C) Materials, Supplies, Direct Purchases (M) Equipment, Furniture (E) TOT AL PROJECT COSTS Kev Leaend rc.s..;.cons.u.jffn.g..ss.iVices....................................................................] [C = Contractual Services [ j M = Materials, Supplies, Direct Purchases [ l..~....~..~.~.~.i.:..~~~~:..~~~~.~~.~~~..................................................................1 tification: I hereby certify that the above ,,^penses were incurred for the work identified as being accomplished in the attached progress reports. Certification: I hereby certify that the documentation has been maintained as required to support the project expenses reported above and is available for audit upon request. Administrator Date Financial Officer Date %) PBC USE ONLY $ $ $ $ $ $ County Funding Participation Total Project Costs To Date: County Obligation To Date County Retainage ( County Funds Previously Disbursed County Funds Due this Billing Reviewed and Approved By: PBC Project Administrator Date Department Director Date G:\SYINGER\FORMS\3Pg-Exhibit C-Bond.xls Page 1 of U t: m i:: >< W W ..J ::::l 1-0 ZW W:J: :EU I-(/) a:W >c:((/) I-Q.c:( ZW:J: ::::lOU oza: uo::::l :J:j:Q. uc:((/) ctWW wa:2 mu> :Ewa: ..Ja:w c:(o(/) Q.z..J c:(c:( (/)::::l ~I- a:u c:(c:( Q.~ Z o U l/) OJ l/) C1l .c u :; Cl.. !~ .i :Cl/)~ClOJ ~ : .~ .~ ~ B !...J 2: 2: = 'c ~ ~~ ~~ I~ .~ ~ ~ ~ : ...... U CI) Cl) : ~ ~ ~ ~ C C Q) ._ 00- ::J ()()~~ ~ II II II UU:Ew 8 '\~J5! Q.l Cii o CD E ro z '0 o 'C Q.l 0... C Q.l E Q.l ~ ::l .0 E '03 a: t3 Q.l '0' '- 0... CD Q.l C ~ (!J ~ ~ E .0 ::l (f) l: o ;: .;:: (.) l/l CIl o CIl l/l l: CIl >< W - l: ::l o E c:( I I CIl - ell 0 CIl (.) '0 > ij .E ... CIl CIl - .c ell (.) 0 ::l 0 > ... 0 ~ ... (.) CIl CIl .0 .c E U ::l Z I I I I I I I ~I I I I I I I I I I I I I I I I I I I ... o - (.) ell ... - l: o U >:; o '"C l: CIl > CIl CIl ell Q. sl ~INI~I~lmlwl ~1~lml~I~/~I~I~I~I~1 tit ..J <( I- a f- ill (j) > .c 0 o{J .J '0 a~ if) 0 .Yo Q U ~ 1! (f) oUi "0 0 Q.l u = (j) Q.l.c u - C t:: cO 0 U Q -- Q o ::l ~ (f) c.2 0'0 U Q.l "0 .::: Q.l ::l - u G ~ Q.l (f) fij ro - '0 CfJ Q.l C c .Q 'co IQc ~ .~ Ui - C Q.l ~ ~ 5- ....... .0 ~ co Q.l c .s iU 0 ,c.c ~ tC_ ~ 2 =g >-.:g ro .0 c Q.l Q.l 0 .....E'+- 1!::l~ 0.0 - 0 co ..'0= 60)~ '@ .~ co o ~ ~ ~...c ctS t2'O Q.l ::l C () Q. ro Q.l > o .0 cO '0 Q.l o C CfJ Q.l CfJ co .c 2 ::l...; Q() Q.l.~ .c 0 :: a.. ~ -~ ~ .- ;..= :t: 0) t C Q.lE () CfJ B'5. Q.l E 03 8 .c () ro C C .Q '0 Cii ~ () ::l ;;::: t Q.l Q.l CD () ~ OJ <ti Cl Q; ~ o (lj .0 c '" c u:: o N co' 0... OJ <ti Cl '" x ;2 0 'f' ~ :0 .c '" 0 w 0, ~ (L (') u; en c ;:, E tI D 9 <( s: <I) C'J s:: 0 - +:: iD -d ';: ... u i: s:: Ul >< 0 Q) W u 0 - Q) Ul s:: Q) >< W W ~ ::J 1-0 ZW WJ: :EO I-en a:W ><c~ I-fhJ: ~oo Qza: 00::J _D.. J:'~en W .0 l.... __- mo> :Ewa: ~a:W <coen D..Z~ <c<c en::J ~I- a:o <c<c D..f= z o o 1--1'-1 !~; ~ ~ ~_ I iGlO._v> i i.J'~2:.!!2 i i OlOla. i iGlcn~ g- ! i:':=Cl"'C/) i ! t I ~ll i 0 5.$'5 i i uu"'e- i 1 II II ~ W i ! U) II II ! L......~...~...~...~.........j - s:: :s o E <c Q) ~ - ...J l'I:l <( 0 I- 0 Q) I- u '0 > .E ... Q) .c E :s Z ... Q) Q) .s:: - u l'I:l :s 0 0 > ... 0 .lll:: ... U Q) Q) .c .s:: E 0 :s Z ~ 111111111111111111 ... o - U l'I:l ... - s:: o o i:: o " s:: Q) > Q) Q) l'I:l D.. 51 I I I I I I I I I I I I I I I I I I C/) Ol t,S-5 Olt:: ..c 0 (,) a. -00. ~ ::J Q) C/) (,).8 C-o co Ol (,) '- 'S t5 0- co Ol '- '- 'E C/) OCOCii (,) -0 Ol -0 Ol ::J OlcO' '5co~ g ~ C >< co 0 Ol_E~ C/) c- cOl'O .Q Ol ::J ltl.oCO :JCD.Q .0>- ~,gOl -oC:O :cg~ 1tl~> ..c C co -OlOl >-E'- := ::J co t::(,)-o Ol 0 C (,)-0 CO >- 0) Ol .0 C > Ol .- 0 CDC/).o ..c,gCO ~-g c ::J t:: o 0. 0 .~ CD g. g..cl.... - (5 Ul t-oCii Ol c 0 OCOU Ol > o .0 co -0 Ol (5 C C/) Ol C/) co ..c (,) '- ::J~ 0.(,) Ol .92., -E e _0. co C/) -E:c >-- ::0) t:: .~ Ol..c u C/) ~'6. Ol E CD 8 ..c u co c .~ .Q -0 Cii Ol J:? ~ t Ol Ol CD o ;= Ol a; o CD (,) :E o (ij '0 c: '" c: u: '0 Ol 0) co 0.. (J) a; o V> x -ci c: o ED o o ~ tl 'c 'E "0 <( - :0 :.c x W C, D.. ~ C/) ~ a: o u. c: W " Z >= C/) ~ c; EXHIBIT D PRE-AGREEMENT COST LIST (NOT APPLICABLE) 15 i CERTIFICATE OF COVERAGE Certificate Holder ATTN DICK COHEN PALM BEACH COUNTY BOARD OF COUNTY ::;OMMISSIONERS RISK MANAGEMENT DEPARTMENT 160 AUSTRALIAN AVENUE WEST PALM BEACH FL 33406 Administrator Florida League of Cities, Inc. Public Risk Services P.O. Box 530065 Orlando, Florida 32853-0065 Issue Date 10/11/06 COVERAGES 1 ~~~,~sO~OC~~RD~~~~~~TA:~E :o"NRTE::C;"~:~~~,~:;~~~~~~~~,~~ ~~;~~C~E;~G:~~~ ,":,~~~~~;,~~;~~ ~~:~~~~~:"~R~O: ~~~I~~~~~INN~:'Z~~;:g~N;F~~~~~g~~~~:NT I AGREEMENT OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH AGREEMENT. COVERAGE PROVIDED BY FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0055 \ COVERAGE PERIOD: FROM 1011/06 1 COVERAGE PERIOD: TO 10/1/071201 AM STANDARD TIME TYPE OF COVERAGE _ LIABILITY TYPE OF COVERAGE - PROPERTY General Liability o Comprehensive General liability, Bodily InJUry, Property Damage and Personal Injury o Errors and Omissions Liability o Supplemental Employment Practice o Employee Benefits Program Administration Liability o Medical Attendants'/Medical Directors' Malpractice Liability o Broad Form Property Damage o Law Enforcement Liability o Underground, Explosion & Collapse Hazard Limits of Liability . Combined Single Limit Deductible NIA A' 1l2J o o ~ ,i1e Liability .. owned Autos (Private Passenger) Ail owned Autos (Other than Private Passenger) Hired Autos Non-Owned Autos Limits of Liability . Combined Single Limit Deductible N/A o Buildings o Basic Form o SpeCial Form o Personal Property o Basic Form o Special Form o Agreed Amount o Deductible N/A o Coicsurance NIP. o Blanket o Specific o Replacement Cost' o Actual Cash Value o Miscellaneous o tnland Manne o Electronic Data Processing o Bond o Limits of Liability on File with Administrator TYPE OF COVERAGE - WORKERS' COMPENSATION o Statutory Workers' Compensation o Employers Liability $1,000,000 Each Accident $1,000.000 By Disease $1,000,000 Aggregate By Disease o Deductible N/A o \ Automobile/Equipment - Deductible ! 0 Pllysical Damage Per Schedule _ Comprehensive - Auto Per Schedule - Collision - Auto Per Schedule - Miscellaneous EqUipment \ Other The limit of liability is $2,000,000 (combined single limit) bodily injury and/or property damage each occurrence in excess of a self-Insured retention of $ $ 100,000. This limit is solely for any liability resulting from entry of a claims biil pursuant to Section 766.26 (5) Florida Statutes or liability imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations/LocationsNehiclesfSpecialltems iRe: Events, activities, elections and functions authOrized by the certificate holder involVing the designated member while being held upon the I premises of the Certificate Holder. The certificate holder is hereby added as an addillonal insured, as respects the member's liability regarding the above described event. -----------"-------- .-------..---..-.--- ---~_._-----~---~--- ., THIS CERTIFICATE DOES ~JOl AMEND, EXTEND OR THI~ CERTIFICA TE IS ISSUE.D AS A MATIER uF INfORMATION ONLY AND CONFERS NO RIGHTS UI-'ON THE CERTIFICATE HOLDER I ALlER THE COVERAGE AFFORDED BY THE AGt"~EEMENT ABOVE I DESIGNATED MEMBER I CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH FL 33425 CANCElLA liONS SHOULD ANY PART or THE ABOVE DESCRIBED AGREEMENT BE CANCEllED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WllL ENDEAVOR TO MAIL 4S DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE. BUT FAilURE TO MAll SUCH NOTICE SHALL IMPOSE NO OBUGA1ION OR LIABILITY OF ANY KIND UPON THE PROGRAM, ITS AGENTS OR REPRESENTATIVES \~~J)<~ AUTHORIZED REPRESENTATIVE ---" FMIT-CERT (10/96) fimSTATE NATIONAL ,rau"'HGl~~ STATE NATIONAL INSURANCE CO. CERTIFICATE OF INSURANCE DATE ISSUED: 10/12/06 PRODUCER Arthur J. Gallagher & Co 2255 Glades Road Suite 400 E, Boca Raton, Fl 33431 This cerllflc2te Is Issued as a matter of information only and confers no rights upon Il1e certificate holder, This cerlificaoo Does NOT amend, extend or alter the coverage I affordGd by Ihe policies below, , COMPANIES AFFORDING COVERAGE'. INSURED City of Boynton Baach. Fl 100 E, Boynton Beach Blvd. 8oynton Beach. FL 33435 COMPANY (A) COMPANY (B) STATE NAllONAL INS\)B6L'i...Q,~.etJ'.!L-____.___,_ COMPANY (C) ____.__"''"'_'''_''__________,____________ COMPANY (0) COVERAGES This Is to certify that the policies of Insurance HSIaO below have been Issued to Ihe insured namoo above for the policy period indicalod, notwithstanding any requirement, term Of condition of any contr.lcA Of otller document with respect to which this certlOcate may be ",sued or mav jl<!rtaln, the Insurance afforded by the policies described herein Is subjeol to alllhe lerms. exclusions and conditions of sucl1 policies limits show;', may have been reduced by p"ld claims, CO I.TR Gl;:NI!RAI. LlABll.ITY A no COMMl:::R:CtAL GENERAL l!J\BltJ1Y o CLAIM! MADE 00 oC.CtHt o {,)WI'JER'S & COI(fRACTOR'S FRQT r 1 ---j TYPE OF IN"8UFtANCE POliCY NUMBER POl."r(;y I;;FFECTlV!:: lJ.1\ TE tr..~bliODtYY I '('lJ 1 11X> I ~=+ ~-- POUcy (iXPll~ tlON OA'f\: MM'~DIYY m.'li(:7 OaNAAAL ACGR!:GA. Tt; P~DUCTS.COMPJOP AG.G EACHOCGURRENCE FII~F.: DAMAGE (8~ 01lIJ lfe) MEO. !:XPENSE teny Qrli!! r;:t""1l0"l) t,rMITS l.iDn 021'..6'9 '15 ~1>_f&1Ql~ I I f I ^ AurO!.lOBllE LIAS/lilY o fl.-t~y AUTO Q All O\vm:o AUTOS o SCHEOUlto AUTQS o HI~OAlJlOS o NO~O\"INl:O "UfOS o GARAGE UAP.:IUTY "k!tA~~e COMBINED SINGLE LIMIT 800ft Y INJURY ~ ~"""'I OODlL Y INJURY i~ 100'......'.) PROPERfv OMtI'cl3S H!L__.__, I -1 EXCF..5S L~\BlltTY A tJ UMBRELLA F01~M l'Jo:1 OTf-lF.R TtrAN IJMfm.JflI,/J.. rOlltM EACH OCCURRENCE ,.l,GGR!GA'tE S5,OOB.lX'O S1Q,OQO,fJO{) ltOe 02e~ 1~ 10!1/Q-S ,IJ,!01i'(l1 WORK;R~~~""ENSJ\1l0N MOO 02"'" 1S 1011<>' I hE:=",--- I I I XXXX - POLlC,' SUBJECT TO 81F.' As por Goneral Endorseroont SNS G!':N 01 -. ~. , _ ___ _n M _ M _ . DESCRIPTION OF OPERA TIONSfLOCA TiONSNEHICLESfSPECIAL ITEMS - All operations usual to a City Government Including Palm 8'lBCh County Board of County Commissioners. a political subd/Yl!;ion of the State of Florida, Its Officers, EmploYil6S and Agents as additfonal insured as their Interes!s may appaar throughout !he policy penod for munic1pal actlVllIes In coofcl1nation andlor I.. ,~:~~:~~:nr':~:~;~:. Ba~c:h, C;~llnty E3()ar<!_o!C;()lJ!'ty.c:()fTlmi.~i(Jf1.El!s:,!'" ..0the.r.term~.13fKi c_o,,~itk}ns .of policyr<3r11ai'.'.un.ch,,"~ed I I I I I 10J0Hl;r ST;\ TUTORY LIMITS StJlutO('! EACH ACCfDENT f)jSeAS~,P()l,ICe lI~OT Dt$f,^SE~EACH EMPlOYEE I L Palm Beac~ CountyBoard of C~ l....>omtnlsSloners I Risk Mgl DepL , 160 AustraliaJi Dr, I West Palm Beach, FL 33406 I Attention: Dick Cohen Aulhorl:zed signature: J'" ~/ ",/1,- .".-./:~-~,- j.>~;;-';':;;"'_/., ',,: -L -or" ~ - " Sandra M, DOllaghf I Should any 01 the aboVe descrthed policies be ""ncelled har",e Ihe expiration dSle t11ereof, the Issuing company will endeavor to meil e2 days wrtlten notice to the mrtificaoo holder nal11<Jd to the len, but failure to mall such notice shall impose I ~o obligation or liabi!ity of any kind upon the company, ils agents or Lepreaenlauves. Meadowbrook Insurance Group VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOAAl Requested 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 Meetine: Dates in to City Clerk's Office D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October I, 2007 (Noon D September 4, 2007 August 20,2007 (Noon) D November 7, 2007 October 15, 2007 (Noon) D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon) ~ October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (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: A motion to approve the second Task Order for the RFP: "SCADA and Telemetry Goods and Services" RFP# 037-2821-07/CJD in the amount of: $ 996,397.42. EXPLANATION: At the Commission meeting of June 19, 2007, DcR Engineering, Inc. of Lakeland, Florida was awarded a contract to provide Supervisory Control and Data Acquisition (SCADA) System and Telemetry System services for the Utilities Department on a task order basis. This second task order is specifically for the replacement of the existing water treatment plant control systems and replacement of the Supervisory Control Data Acquisition (SCADA) system. The current equipment is no longer sold by the original manufacturer and support is becoming extremely difficult and costly. The SCADA system is no longer available and has a difficult migration path to its modern alternative which is itself scheduled for obsolescence. The project will replace the SCADA package with the identical system, VTCSADA from Trihedral, currently in use in our remote telemetry systems. This will enable us ~ unify the current (4) separate systems in one, thereby reducing cost and complexity and increasing relia~ty.rlJi:i addition to the modernization aspect the project is also intended to be the foundation for our future utilit~pe~ Information Technology needs such as Computerized Maintenance Management Systems (CMMS) and L~rator~ Information Management Systems (LIMS) which will be a part of the foundation of our Asset Managemen"fqysteri., needs. The first task order was approved at the August 7, 2007 Commission meeting for the modernizatiQii; of OO1e "'17 ' remote telemetry systems. ~ ~ Z -0 .:..,)-1 -"" 0 ......... ,--. .....",.. PROGRAM IMP ACT: The purpose of this second task order is a phase of a multi year project and calltJ'or tJI{;; installation of the SCADA and Telemetry infrastructure and the replacement of the existing remote control s~em~fT1 our wellfields, remote storage facilities, stormwater pumping stations and a number of wastewater lift ~ti01lS~ Subsequent phases will complete the replacement of the remote control systems at the lift stations and also replace tht?= Water Treatment Plant control systems, merging everything into one single system. This phase of the project is expected to take about one year. S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: These funds have been budgeted in the CIP 2007-2008 Budget to be charged as follows: ACCOUNT# 403-5000-590-96-02 WTR 132 EXPENDITURE: $996,397.42 ALTERNATIVES: By not doing this task order, we would be providing substandard service to our customers. Department Head's Signature City Manager's Signature Assistant to City Manager ~ ~ i(J~ City Attorney / Finance /J~qi'," S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Michael Low- Deputy Utilities Director Barb Conboy - Utilities Manager Admin & Finance Karen Risely - Contract Coordinator Pete Mazzella -- Deputy Utilities Director File 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE CITY MANAGER TO EXECUTE 6 TASK ORDER NO. U07-04 IN THE AMOUNT OF 7 $996,397.42 WITH DCR ENGINEERING SERVICES, 8 INC., FOR THE REPLACEMENT OF THE EXISTING 9 WATER TREATMENT PLANT CONTROL SYSTEMS 10 AND REPLACEMENT OF THE SUPERVISORY 11 CONTROL DATA ACQUISTION (SCADA) SYSTEM; 12 AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, at the Commission meeting of June 19,2007, DcR Engineering, Inc., 16 of Lakeland Florida was awarded a contract to provide Supervisory Control and Data 17 Acquisition (SCADA) system and Telemetry system services for the Utilities Department on 18 a task order basis; and 19 'VHEREAS, the purpose of this Task Order is specifically for the replacement of the 20 existing water treatment plant controls systems and replacement of the Supervisory Control 21 Data Acquisition (SCADA) system; and 22 WHEREAS, the City Commission of the City of Boynton Beach upon 23 recommendation of staff, deems it to be in the best interest of the citizens of the City of 24 Boynton Beach to authorize execution of Task Order U-07-04 in the amount of $996,397.42, 25 with DcR Engineering Services, Inc., for the replacement of the existing water treatment 26 plant controls systems and replacement of the Supervisory Control Data Acquisition 27 (SCADA) system. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESOlAgreements\Task - Change Orders\DCR Task Order U-07-04.doc Section 1. The foregoing "Whereas" clauses are hereby ratified and confimled as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby authorize and direct the approval and execution by the City Manager of Task Order 6 U-07-04 in the amount of $996,397.42, with DcR Engineering Services, Inc., for the 7 replacement of the existing water treatment plant controls systems and replacement of the 8 Supervisory Control Data Acquisition (SCADA) system, a copy of which is attached hereto 9 as exhibit "A". 10 Section 3. This Resolution shall become effective immediately upon passage. 11 PASSED AND ADOPTED this _ day of October, 2007. 12 II 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ATTEST: 31 32 33 Janet M. Prainito, CMC 34 City Clerk 35 36 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:ICAIRESOlAgreementslTask - Change OrderslDCR Task Order U-07-04.doc City of Boynton Beach Utilities Department Utilities #07-112 TO: RQbby;Jenkin$~. .~~,~J~J~t FimtIlce Dir~.C!?~I''' . 4~...- Kofi Boateng '. 0 - s. Utilities Director ., DATE: 16th July, 2007 FROM: PHONE: PROJECT: RFP #037-2821-07/CJD SCADA and Telemetry Goods and Services: Phase 2, Plant Control Systems and SCADA SUBJECT: Task Order # U-07 -04 Please find the attached task order U-07-004 for DcR Engineering Services, Inc based upon RFP # 037-2821- 07/CJD SCADA and Telemetry Goods and Services and ensuing contract approved under resolution R07-059. This task order is specifically for the replacement of the existing water treatment plant control systems and replacement of the Supervisory Control and Data Acquisition (SCADA) system. The current equipment is no longer sold by the original manufacturer and support is becoming extremely difficult and costly. The SCADA system is no longer available and has a difficult migration path to its modem alternative, which is itself scheduled for obsolescence. The project will replace the SCADA package with the identical system, VTCSADA from Trihedral, currently in use in our remote telemetry systems. This will enable us to unify the current 4 separate systems into one, thereby reducing cost and complexity and increasing reliability. In addition to the modernization aspect the project is also intended to be the foundation for our future utility specific Information Technology needs such as Computerized Maintenance Management Systems (CMMS) and Laboratory Information Management Systems (LIMS) which will be a part of the foundation of our Asset Management systems needs. As such all the systems will be based around the open architecture philosophy. A separate task order has already been approved for the modernization of our remote telemetry systems. The attached documents include the Task Order, an exhibit showing the cost breakdown, the associated pricing sheets from the RFP submission from DcR Engineering Services, Inc. and a copy of the contract with them. Funds are available in the CIP at Utilities Account No. 403-5000-590-96-02 WTR 132 $996,397.42 CC Jim Cherof, City Attorney Peter Wallace, ITS Director Pete Mazzella Barb Conboy Michael Low Project File TASK ORDER NO. U-07-04 CITY OF BOYNTON BEACH UTILITIES DEPARTMENT 124 East Woolbright Road Boynton Beach, Florida 33435 Title of Project: RFP #037-2821-07 JCJD SCADA and Telemetry Goods and Services: Phase 2, Plant Control Systems and SCADA A. SCOPE OF SERVICES: Back~round The City of Boynton Beach has two Water Treatment Plants with independent and separate SCADA systems employing ten (10) Siemens Series TI 545 PLC's and Intellution Fix 32 SCADA systems. The plants share the business Ethernet network on separate domains. Visibility between plants is limited. Communication between the plants employs a gigabit leased fiber line partially installed above ground. There are no network architecture drawings available and no hardware, programming, graphics or tag naming standards. Control programming has been done on a limited basis internally but mainly through a number of external companies. There are limited records of control programs and no rigid system of managing or recording changes. There is no Process Data Historian other than limited trending of some control variables. The PLC's are outof support and finding replacement hardware is expensive and difficult. In addition, finding support to make program modifications is increasingly difficult due to the age ofthe PLC's. A thorough control system strategy should be developed to prepare the City to upgrade the control systems in both Water Treatment Plants to current technology. Upgrading the two plants will provide better control, more readily available hardware and software support, and create a system that is easily scalable and capable for enhancements with additional features and functionality. Proiect Goals The primary goal of the Control System Upgrade project is to replace the existing Control Systems in both the East and West Water Treatment plants with a new, fully supported Control System the City can use, maintain and expand as desired now and into the future. The secondary goal of the Control System Upgrade project is to install a Control System that will communicate with the CMMS and L1MS systems within the City and participate in a totally integrated Asset Management System. This task will provide engineering, design, configuration, installation and training services required to provide the City with remote monitoring and control of the City's Water Treatment. This task will include all hardware, software, installation, startup and checkout for the deliverables itemized below. Page 1 of 5 DEUVERABLES AND SERVICES INCLUDED: Reference the attached spreadsheet (Exhibit 1) and RFP #037-2821-07/CJD for details of the project deliverables and pricing. The scope of services has been broken down to allow easy evaluation of the individual tasks required for this project. A budgetary value has been assigned to each task and subtask to illustrate the approximate costs associated with each. The value of the task is the sum of each of its subtasks. These budgetary values are engineering estimates prior to the detailed engineering and intended for budgeting purposes. 1. Control System Upgrade Functional Study 1.1. Research, review and record the specifics of the existing Control Systems at each Water Treatment Plant. This includes obtaining and reviewing available drawings, verifying PLC equipment and locations, verifying control network architecture and researching the HMI stations. 1.2. Meet with plant and engineering personnel to determine the options for a running change-over to the new control system. Meetings will concentrate on down-time and process surge capabilities, system uptime requirements and options for manual control during the change-over. 1.3. Determine the Control System platform that best meets the needs ofthe City. Determination will be made based on existing control requirements, future expandability needs, and additional enhancements required by the City, local hardware and software support availability, and cost concerns. 1.4. Provide a written path of migration from the existing control system to the new control system. The path of migration will detail the estimated cost and schedule of the migration with major component purchases and milestone events. 2. Control System Detailed Engineering 2.1. Network Architecture Design - Perform detailed engineering to design the network architecture required to support the new control system. Engineering will include design drawings and bills of material. Design drawings will indicate the network topology, routing, connections and node assignments. 2.2. Control Panel Design - Perform detailed engineering to design the necessary control panel modifications and/or additions required for the new control system. Engineering will include design drawings and bills of material. Design drawings will include panel layouts, control power wiring details, I/O module wiring details, I/O assignments, cable routing and connection details. 2.3. Sequence of Migration - Provide a written sequence of migration describing in detail the areas, processors and I/O to be converted, in which order, and what will be required to maintain operations during the transition as much as possible. The written sequence will also detail the potential problems and any backup plans to address such problems, should they occur. 2.4. PLC and SCADA Existing Program Evaluation - Review the existing plant controls and control programs. Evaluate the ability and value of importing and convert the existing PLC programs. Review the SCADA applications to verify the requirements to implement the new system. 2.5. Detailed Written Estimate - Provide a detailed written estimate of remainder of the Task Order costs based on the results of the Functional Study and Detailed Engineering. 3. Control System PLC and SCADA Programming 3.1. Control System PLC Programming 3.1.1. Based on the results of the detailed engineering, create the PLC programs for the new control system either through import or rewrite. 3.1.2. Simulate the new Control System PLC programs for testing purposes. 3.1.3. Present the new Control System PLC programs to the City for pre-installation evaluation Page2of5 and approval. 3.2. Control System SCADA Programming 3.2.1. Based on the results of the detailed engineering, create the SCADA graphics and logic for the new control system. The SCADA graphics will be similar to the existing HMI system to reduce operator training requirements. 3.2.2. Present the new Control System SCADA to the City for pre-installation evaluation and approval. 3.2.3. Test the new Control System SCADA with the new Control System PLC programs. 4. Electrical Construction for the new Control System 4.1. PLC Control Panel Construction - Furnish PLC and panel materials, build and deliver the necessary PLC Control Panels based on the results of the detailed engineering. The PLC Control Panels will be built using good industry standards and after City design approval and will be quality tested prior to delivery. 4.2. PLC Control Panel Installation -Install the PLC Control Panels based on the results of the detailed engineering. The PLC Control Panels will be installed using good industry standards and after City design and location approval. Demolition required to install the PLC Control Panels will be performed with City approval. 4.3. Electrical Field Power Wiring -Install the power feeds and grounding to the new PLC Control Panels based on the results of the detailed engineering. The power feeds and grounding for the PLC Control Panels will be installed using good industry standards and after City design and source approval. 4.4. Electrical Field I/O Terminations -Install the I/O wiring from the existing PLC Control Panels to the new PLC Control Panels based on the results of the detailed engineering. The control network will be installed using good industry standards and after City design approval. 4.5. Electrical Field Network Wiring -Install the control network for the new PLC Control Panels based on the results of the deta iled engineering. The control network will be installed using good industry standards and after City design approval. 5. Migration and Commissioning 5.1. Control System PLC Commissioning 5.1.1. Coordinate with City engineering, management and operations to schedule the individual commissioning stages per the detailed engineering migration plan. 5.1.2. Perform onsite replacement of the PlC systems. 5.1.3. Validate the electrical wiring and configuration of the PlC systems including the 1/0 and network connectivity. 5.1.4. Commission the new PlC systems by working with City engineering, management and operations to test the new systems during production. 5.1.5. Validate the new PLC systems' functionality through a series of operational tests. Document the results of this validation for City approval. 5.2. Control System SCADA Commissioning 5.2.1. Coordinate with City engineering, management and operations to schedule the individual commissioning stages per the detailed engineering migration plan. 5.2.2. Install the new SCADA graphics onsite to prepare for the SCADA commissioning. 5.2.3. Commission the new SCADA graphics in tandem with the PLC commissioning. Work with City engineering, management and operations to test the SCADA systems during production. 5.2.4. Validate the new SCADA systems' functionality through a series of operational tests. Page 3 of 5 5.2.5. Document the results of this validation for City approval. 6. Documentation 6.1. Control System PLC Documentation 6.1.1. Provide to the City in paper and electronic format the O&M Manuals for the PlC components used in the PLC Control System. 6.1.2. Provide to the City in paper and electronic format the electrical design drawings for the PlC Control System. 6.1.3. Provide to the City in paper and electronic format a functional description of the operation of the operation of the plant. This will be the document used for PLC programming. 6.1.4. Provide to the City in electronic format the PlC Programs for the PLC Control System. 6.2. Control System SCADA Documentation 6.2.1. Provide to the City in paper and electronic format the O&M Manuals for the SCADA components used in the new Control System. 6.2.2. Provide to the City in paper and electronic format screen snapshots of the graphics, scripts and configuration specifics of the SCADA system. Proiect Requirements · The City will provide a lead contact person for the duration of the project. · The City will provide full access to all necessary information required by the consultant on a timely basis. · The contractor will appoint appropriate project management and hold regular progress meetings with the City. · All reports, drawings or other such material will be provided to the City in electronic format using MS Office or Adobe Acrobat. B. SCHEDUlL The final schedule for DCR Engineering ServiCEs, Inc.'s services will extend from our authorization date to 720 calendar days. Page40f5 C. COMPENSATION TO THE ENGII\EER For conducting the base services delineated in Section A, Task Order U-07-04 is amended to the Agreement dated June 19, 2007; OCR shall receive the lump sum fee of $ 996,397.42. This fee includes all labor and other direct costs for the scope of work specified in Section A of this Task Order and are represented in Exhibit 1 and RFP #037-2821-07/CJD. Additional work efforts requested by the City, which are beyond the scope of work identified in Section A of this Task Order, the compensation to OCR for this additional work will be negotiated separately from this scope. Partial payments of the lump sum fees are to be paid to OCR on a monthly basis in proportion to the percentage of work completed and materials received. AMOUNT AUTHORIZED FOR TASK ORDER NO. U-Ol-04 $ 996,397.42 ~~/ / --_.~\. / b~d l I' SU mltte By: \I -I" Todd B dbenner, P.E. Presid, nt, OcR Engineering Services, Inc. ,IL---- CiTY OF BOYNTON BEACH, FLORIDA Approved By: Kurt Bressner City Manager Approved as to Form: Attest! Authenticated: Office of the City Attorney Secreta ry Page 5 of 5 >0 "tJ ;j .... en co t: o ;; (J t: ;j u. E Q) .... en >0 en - o .... .... t: o U -' <( .... o .... .... m o o 8gsfi:~~::5:E cOcOaia:icrio)o:) ;1;~~~;X;~~ --:r" c..j N. C,\j .. .... m o o 8:i5g:i5~~:i5 cOtciala:ioio>a:i ~~g~a;g~ ..,; N N"': N" .. -' -' w m 0000000 o a:> (0 C(:I N (0 ClO ccioooicOoi(ria:i 3)~~~o;g~ '0:1"- c,\j N"': N .. .... m o o g:i5~:i5~fEg cOcOaicrioiaicci ~~g~c;:i~ ~. N N .....: N" w '" .... g ~ :5 ~~~RRi2R MMMMMMM m m :5 o UJWWWWLUW a:::e:::a:::o:::a:::OCa: (/)U)(/)CI)rJ)CJ)CI) 8888888 0000000 o~cO-.icOcO..t v N N....... N <Ii '" I <( w <Ii '" I 0000000 ~~~~~~~ .. -' -' w m 0000000 o a:> c.o CX) N to a:> cO cO ai a:i en ai a:i 'o:t"NON ON l() r--. 0) ,.... CO Q:l ,.... "<t"" ('\j N" N 0000000 OOOtOlXlNtOa::l cO a:i ai cO en ai a:i "<t"NON ON l.() ,.... 0) ,.... (0 Q:l ,...... -.iN N"....... N 0000000 o COc,oCCN to co ccicOaicciaiaia:> ;:i;~~~o;~~ -o:i N N" ~ N ggg~~gg cciGriaia::iaiaia; :1;~g~o;~~ ..,; N" N-........ N" RRR~R~R MMMMMMM :: www "''''''' mmm 000 000 000 ~~a:i wwww "'''''''''' en en CIJ (/) 8888 0000 ~ ~ cO ~ o "' ~ '" o "' ~ '" o "' ~ 51 ,c ... '" ~~~ ~~~ 0,", w<(-, 0..00 o 0 o 0 o 0 g ~ o o C! ~ ~ ..f ~ <Xl ... ..f ~ <Xl ... ..f N ... <Xl ... ..f N ... o o C! ~ ~~!!~!!!~~:3:::~~~~~~~~~~:::::::::::::::::~~! .... -' ::J :i. :::; ir w .... <( :::;.. .... m o o .. .... Z ::J ~ o ~~co~~co~ 0.. ~ z zQ 0.... _0.. b:lr _0 "'m ow mo ~~ t:: '" .. '" '" w ,2 ~ ,2 CL~~Ul U16 ~o~3E ~~ III .!!2 0 I ell '0 E ~~-g-g~UlE Oiij to aI 0.. l: @ ~:.~~~~~ ~~~';~'5o :3'~~~~~~ U5ow-~e~K ~g'~~::c.oo ~:;;U:5~~~ A.m~l~~~~ ~Cl:lou)o.QCl:l~ w....u.~!!? ~~~~.: ~ ~~~~i8 ~:::~~~lOtOr---CO O~N('I')"'Il)CO""'<<lcn Z 0000000 ~~~~~~~ ~~CO~~lX)~ 0.. ~ '" .. '" '" ~ .2 ~.2 0... -= <<i U <<i ~o~~ ~-g u) ~ 0 :I: u) "6 ~ ~~-g-g~U)go ~ .~ (tl fa 0... ~ 0 _(tl.~~cECl:l ~&Q)Q.~.~~ -g.~.~.€~ ~E (j)Ci~.~~~[ ~~~~~.g~ e ~ ~ = c: -g ~ Q.m~-i~~~~ ~rgou)o.QQ)~ .~~~~~.~~ ~~~~~~~8 ~~N~~~~~~re ~gC;;~~~~~~~~~ ~ ~~~~~~ 888 g ~ ci ~ 8 8 ~ ~ ~ 8 re ~ 88 :g~ N 88 cON <C '" N _ ~~~ "''''8518 t--:C"oiC"oi m -' <( .... o .... .... w W I m c " E ~ ~ e: i~ ~ ~Q) ~~~ ~ ~B ~~~~ ~ g~!~~~~~~ o.-c:a.ra./lil:"'U) ~ .~~~@~~~lE'!'g o..O<(<(~~J:~U)u..m :;~~~~~!;;:~~~;n "'''' "'"' "":ai "'<Xl <D N >6 '" '" '" cri <Xl N >6 '" "' '" "'"' "':0) "'<Xl <D N ~ <Xl "' ~ .... '" -' <( .... o .... .... w w I m ::j .... ~ ~ ... ;;; "'''' ~O"! (it:: <D _. - '" "' O"!O"! Cii~ <D _. ~ C) t: 'i:: Q) Q) t: C) t: W co - Q) c E Q) - rn ~ en o "- - t: o U -' <( f- o f- f- (f) o U '" f- (f) o U '" j UJ (f) '" f- (f) o U g; ~ ~ iiliiliil5liiliil:iliil aioiaiaicriaiaiai (,CtPtC)(O(Cwcccc (f) (f) :5 u ~~~~~~~~ vi <r I ~ (f) <r I '" -' ...J UJ (f) 00000 00000 ~gR~g '<t ("') "<t 0 ro- '!j. ;::. 0) cfj 00000 00000 N ci ci U"l to 0) to r-- r-- O"l '<t C""l '<t 0 'i ':[j ;:.- (1)- cr; 00000 00000 N c:i ci -n to O"l co r-- r-- O"l "<t ("") '<t 0 co. ~~ ;:- oi oj 00000 00000 N ci 0 l{) to OJ <0 t- r-- Ol '<t C") ..,. 0 <<;;-lli""': cn- a; - ... ~ ~~~~~ M .g., '3, ci M UJ UJ 0::: w w w 0::: OOa..a..a..cn 00000 00000 ~oooo ~~~gg 00000 ~~~~~ ~~~.~~~~~~~~~~~~~~~~ ci ci 0' ci ci ci ci ci c::i ci ~ .- ..- .- .- .- 0>~~~;'2~~~~~~~~~~~~~ f- ...J ::> ;;! ::E ii' UJ f- <( ::E", f- (f) o U '" f- Z ::> ~ a z zQ of- _0.. h:ir _u <r(f) uUJ (f)O ~~ t: O......NM~l.t)(C,....cocn Z g~~8~ .9 ~ If) ~ ~ ~ ~ '; ~.~ .2> ~ ~ ~ Kl ~ C3 $ ~~5()i 13 i 1 ~ ~ ~u~:2tt1~ C (5 ~ ~ ~ ~ g ~-c o ~ a> c:: ~ ~og~~ ZU{/)LLlO ~::~C"'l"<t~~~~~~N ~~;:;~?El~~gJg M~~~~~~~~ :5 is ~ gj g ~ "' '" 0'll'"i g 8ggSS~ o 0 ci Lri..o "<t ~ ~t-N~~ NO o 0 "' 00 gj g fR "' "' f.O- Iii o 0 0 0 co .o--~ 0000 I.t') r--. o ci c:i ll':i Lri ..,f (0 "\1"r--N(O!r.l OlCO -N, NO o 0 "' o ~ "'"": ~ ~ ~ r.O "<to o 0 "' oc::""": N 0 0> NO U") "'"'~ r.D "7" ~8~l?;g ~~~pJm ~~d~~ g~8 ~ g 0 8g.ggg ~.-6~~ o o ci co Ol~~~~ 00 c:: q is ci o o. i ~ ~ ~ ~ ~ ~I ~ ~ r-- N ~. ~I N"'i o o ci 8 8 ~ g g ;g ~ ~ ~ S:~~~~ r...:NN c " ~u= o f l/) l/) ~ ~Q) ~~~ ~ 01- 0::1- ro ~8 ~~~~ ~ .~~ ~ ~~ ~Q.~:E .~ ~~ B~tsdi-a$~-g Q:o<~~~~~~~~ ~;~~~~~t;~~~u; Ie ~ ci ~ ;i ~ ,S ~i if- g! I~ 'W ~I :" (f) " :W g 0: 0, ,; +-~ I~ j I~ <C c <C () en "t:J t: ca () ..J a.. E Q) - en ~ en o ~ - t: o () ...J <( ~ o ~ ~ m o o 0000 0000 cicioN NN<ON '" '" '" 6c5lJ"iw '" "'- 0000 0000 ci 6 ci N N N (0 N '" '" '" 0" 0" tti 1rJ- '" '" 0000 0000 ci 0 0 N NNtON '" '" '" g g- L() w~ 0000 0000 ciciciN N N co N '" '" '" g~~fW"iw 8888 cicioN N N CD N ~ ("j ..... co oo..ow '" "'- ~~~~ (j; (j; (j;"; ::;::; "" a. a. 00 00 00 06 N N '" '" ~~~~ ::; w " '" a. m 08 80 ci 0: '" <0 ~~~~~~!~~~~~~~~.........................~.................... .. ~ m o o gggg ciociN N N co N '" '" '" o ci \l'j (0. '" '" - .. ...J ...J W m g 8 g g ccioN NN<ON '" '" '" dcilJ'icri '" "'- .. ~ m o o 8000 000 ci '0 c:i N NN<DN '" '" '" ci ci lti (O~ '" "'- iiliiliiliiliiliiliiliil cr:~mmmmmmmm ~ ~ :5 l.O l.O Y? 0 ""': r--: r--:"'" (j; (j; (j;"; m m <( ...J o 1=1=1=1=1=1=1=1= ::;::;::;w """'" a..c..a..CI) 8888 cicicici NNtD<O '" "'- <Ii '" :I: ~ m '" :I: ~~~~ ............. .... .. ...J ...J W m ~ ...J :> ;;! ::; Ci' w ~ ~.. ~ m o o .. ~ Z :> ~ o ~~~~ o a. &l ~ " ~ ~a. B ai~~~ Eo (;j := g.~~ ~ J ~ ~I~ ~ .5 ~ 13 ~ E ~ ~ C/J i ~ (ij ~~~~ ~ a...5 5 ~~~~ ~~~~ ~~~t? ..J ::: >- rtI a..:rcnw o.....N~.U)co,...como....~~:! Z z zQ o~ _a. li:cr o::~ ow me w- e::; w !:: a. ~ ~~cnO)O)~ ~~~g a. ~ o a. ~ ~ ~ m ~ '.~ ~ a. 0.. U ~ ~ ~ Q) Q; > $: :; [~ ~ E ~i3~~ ~ E~ ~ ~ E " ~ ~ ~ ~ ~ .~ e ~ ~ i ~.~ ~ ..... 0 - a. ~~~~ ~ ~ ~ Uj ...I ::E >. C'tl o..:I:CI)W ~~~~~~N ~~~O)~m~mmmm~~mmmm ~~~~~~reregM ~~~~~~~~ o o N ~ 00 gg Lri to ~ ~ .,; o o N '" <;i g 8 :2 :!i NO .,; o o N '" <;i 00 "'0 ll'i to '" '" NO .,; o o N ~ 00 g8 :2 :!i NO .,; ~ 8 fri ~ ~ M~re~m we '" <( mo o 8 o <0 '" w dffil= 88 00 dci _ '" 00000 ~~~8~ ..... ci ci . ci ~~cncnm~~~~ ~ 00 "" '" 88 :;j~ .... 88 NeD "'<0 .... 888 g :!i ;Z ............ ~~8iil8 "":NN 8 8 No::) "'<0 0-:.... - 88 :;j~ .... ~~~~ " ~ E ~ '5 a O'l 0'-::::- E e ~ Q) ... 8, ~~ ~~~ ~ ~ B ~ (1j "i :g ~.~~!!~~~~E .[ ~ ~ ~ ~ ~ ~ 1 il~"6 o..Cl<<~~:I::t(f.lLLm ~;~~:;~~!;;;~~gu; "' "' "'<0 ct~ "'''' riai '" "' <0 ;;; 00 ~ "'"' "'''' ct;:. "'''' "'00 ~ o '" '" '" .... 0< '" -' <( ~ o ~ ~ w w :I: m g '" '" .... ~ o o o .... '" - '" "' "'''' ct'i '" '" Mll'i I ~ ~ I ~~ I i ~. I g I ~ ~ w w :I: m <C c <C U CJ) ..... o t: o ... (J ~ s.. ... tJJ t: o U ra (J 'i: ... (J Q) w -' < f- o f- f- ff! o U "" f- ff! o U "" -' -' UJ ff! "" f- ff! o U ~ ~ s :5:5:5:5:55l:5:5 oiaiaio>oioioioi CD CO W<O (0 CD CO <0 ff! ff! < ...J U ~~~~~~~~ en 0:: :r: ~ ff! 0:: :r: "" ...J ...J UJ ff! ~~~..~~~...~~:g.~~ c:ioc:ic:icicic:ic:idc:i ':J ::0 ;;! ::E ir UJ f- < ::E"" f- '" o U "" f- Z ::0 ~ o z z9 Of- - Q. b:: ii: _U O::ff! UUJ "'0 ~~ UJ !:: O.....NM.\t)U)r-..COO) Z 00000 I CO (() 00 {Q <0 OM a:i r---: ll'l (,Q ("") N <X) Of'- C""l N li) o;if:r~t , '" I ~g~gg ~~:2g~ li)1()(")("')lX) ~~~~~ 00000 "It 0 N Q) 0 NcQU->O<O v~;;ffio l!ir--:oC"io ON...... "'" N 00000 "<tDNCOD N cO U'i 0 to "Cl" ~ 0:; ~ 0 ~~g~~ ~~~~~ ~:f;:?i~m ~:i Q.UJ 00 00 00 ci ci '" '" "<'" ~;;j~ 000 :sgg bi~~ 00000 g8ggg ci 6 c.O -ci ~ "<t 'o:t" .-- to N 00000 ..,..co(Ocor.o a:llri~c.Oai a;~~~~ gr-:N"::..j N 0>~0>~~~~~Q')~ ..... .- .- ...-: ..- .....: ..- ..- .-- ...... ..... .-- O'lCD~~~O"l 00000 00000 oodoc:i co "<t '<t N "<t M N "I#' r-- co ;::WciO>M 00000 00000 ~~~~~ ~ ~~~~~ ~ c ~ ~ .~ 'E C" a; UJ f- "C "0 C C ~ ~ c ~ '" g c C.S; ~ ~W ~ :g 5=_~~.~~ () ~f-~ ~~g:~~ a.. a. '"C .... "C e~~~~ ~~iii ~~UJ~w ~;::~~:!~~~~~ I I 0'l~0l~0,)~0>~ o o N '" a5 is N '" a5 o o si a5 o o N '" a5 ;28fri:?lf5 C"'ia:i<riaiai "1"("\.1(0<0 UJ 0 '" 0::<-' ff!()U o 0 o 0 o 0 cO 0 <0 N 8g~gg C!ON~LO ..- ..t ci ...... 0 o>cn~~~O>~~E1 o <0 ~ 8 ~ o <0 ~ 8 g '" ~~ - ~l~ - - - - - - - - - - - - - - - - - - I I I , o <0 a; E ~ o Q> a: '" c ~ .Q ~ ;; ~ ,~~ "S. ~ ~ 0::0< ;:;;~~~~~:;;;~~~:;~~ ~N~~~~~~~reg as o o a5 8 ~ o 0 co OJ 00..... .-- NOa:ir--. ...--.:to..... 0'" N ~triaici ..... S;S, '" ~ N ~ '" o o a5 o <0 ~ OOCOa) 00.......... NOcOM ..... vo,.... 0"'," ..; I(') a) ......- - :\' o --.:::.:i o < ~ (; " f- ~ ~ '!! U5 o o '" '" ~ ~ , ~rt ~J I o o a5 o <0 ~ gg~ ~~~I$ i.,.;oi"l~ ! 1 ~~~~~ o o gj <0 ~ 8 8 ~ ",!._'n N ci cci ~: ..- "It" 0 (01 ..-oc:o..... tll;a)~ ggg g ~ ;i "''''''' ~~8~g r--:NN ~ < o f- f- UJ ~ U5 i ~ a1 I r- _~~~ B ~ ~ ~ ~ ~~~Q.Q.~- ~~tj~~$~-g <~~~~~atd1 ''It\Oa),.....c:o<nO?,,,, v"lt,"#,vv"ltU')U') C) c: c: o tJ> tJ> E E o (,) "0 c: ca c: o :;:; ca I- C) :E -' <C '""" a '""" '""" '" a u ... '""" '" a u ... -' -' UJ '" ... '""" '" a u :il:il:il:il:il iil:il iil ~wmmmmmmmm ~ ~ ~ '" '" ~ u ~~~~~~~~ ui '" I :li ui '" I .. ...J ...J UJ '" 00000000 0000000..,. ~gg~~g;g~ Y')LO(OO Oa:l cO <ri ,..... Il"i ,..: I.C"i en Iri ..... N ..... ..... 8888ggg~ ~gg~:Rg~~ l,()U')l.OO ceo co-.o.......L6".:l6oill'i ..... N ..... ..... 00000000 0000000..,- NOOlriLriOtON O)C"')a:lCOY')tOCl)(O 1.01.0'-00 oeo aicri"':.n."':ll"icnu"i ..... N .......... 8888888~ NOOariariotON O)('f)COCOIt)COCl(g I.O\{) co 0 ceo cOw.,..: L6".: I(')-aiari ..... N ..... ..... R~~~~~~~ ~~~~;;(~~~ UJ ~~~~UJZ "'UJ~~~~"'''' en a.. a.. a.. a.. a..C/J1- 888~88gg gggggggg .... N ..... ..... 00 00 qq ~ ~ ~~~~~~ o o ..j ;g ,.; g :2 N o o ci <0 '" .,; o o i ,.; o M .; <0 N o o g '" .,; o o ..j .. <0 ,.; o M .; <0 N o o ci 18 .,; o o ..j ;g :i o M .; "' N 8 ci <0 '" .,; ~8&liil:il ti~remm UJO:.:: "'<C...J ",uu 8 g ~ g ~~ o o o g oocoo ~~~~~ ~ ~ ~.~ m,.~ ~ ~ ~ ~ ~ doooo.dddd.d...........................................................................__....................__.....____......................... '""" ...J :J ;;! ~ 0: UJ '""" ~... '""" '" a u ... ... Z :J ~ o z a 5~ _0. ~Ci: _u "'''' UUJ "'0 UJ:!; OUJ ~ O.....NMVLt)CO,....COc:n Z ~Olcn ~~O)~mOl~Ol ~re~~~~~~ i " " .. ... ~ ~ .Q .Q ~ g.o..ni C) t:.e..~ ~ c .!! _ 0 -g~r~Cf.lCl)"O ro CD en IJl ~ ..~ ~ g>12~~~.!~ :s aro__Q~~~ g> ~~~~~~~:~ Cl'JQ.a..::I:a..:r:u.':: ~;:~~:!~~~~~~N ~~~0)0)~~0)0l~0)0)~0)0)~0)0)~ ~~~~~~rereg ;;;~~~~~~~~ '" '" 0 q ~~~~~~~ 888 g~<i o N o .. o <0 " " E " ~ e{ i'i .1 ~~ -~~~ g> ~ l'l ~ ()j <'-i ., UJ ~1ii~~~!:2.~-",:_ tl .5'.c Q. cv fS ~ en ml:9"O .~~~ tl ~ 2-51:i!5 o..o<<~I-:r::iCJ)u..lXI ~;~~-;~~~~~:5~ 88 g~ M '" N - 8 8 g~ M '" N - 88 g~ M'" N- . 88 g~ M'" N _- ;f.;f.;f. ~~8:il8 "":rJrJ "'''' <">0 cia) (OM "'0 c-.i"": ~ '" o en M o. M "'''' MO ciai <OM "'0 N~ o "- en N <0 ..j N ...J ~ a ... ... UJ UJ I '" o "- en N <0 ~ ~ €! o '" N_ ~ "'''' MM lli~ "'.. c,.r~ "'''' M M aiai <00 "'.. N<D '" -' <C ... a '""" ... UJ UJ I '" 1Il ~ - ~ E .c ::::l en " t: ~ t: o .. ~ - t: Q) E ::::l to) o C -' 0<: f- o f- f- Ci) o U ... f- Ci) o U ... -' -' w Ci) ... f- Ci) o U iiliiliiliiliilfiliiliil wmmmmmmmm ~ ~ 0<: -' Ci) Ci) 0<: -' U I: I: I: I: I: I: I: I: u; OC I 0<: w U; OC I ... -' -' w Ci) 00 00 ci 0 ~~ M~ c0 00 00 c:i c:i '" '" >- >- M- C"i 00 00 ~~ MM 00 00 c:i c:i ~ g: M" M 00 00 00 ~g: M~ M- 00 00 ci ci '" '" >- >- M M- 00 00 cici '" '" >- >- ri (")- 00 00 ci c:i g: g: M- 1:'") ~ ~ -g,;j, on on >- >- ~ ~ ::;;::;; "" Q.Q. 88 00 66 ... ... ::;; ::;; " " Q. Q. 88 00 ~ ;j ~ ~ ~ ~ ............ ............ ~~~~~~~~~~~~~m~~~~~~m~~ d d 0 d d-d d d d d........................ .................................... .................. ~ :> ~ ::;; 50 w f- 0<: ::;; ... I- Ci) o U ... I- Z :> ~ a z o z - 01- - Q. h: 0:: _u OCCi) Uw Ci)0 ~~ t: O.....NM..,.LO<O,.....CQa) Z .. .. ~ ~ w w c c .2 .2 ~ ~ ~ ~ E E ::> i3 g 0 00 :J~ Q.I ~ ~ ;; .. >- >- Ci)Ci) "0 "0 '" '" c c o 0 uu ~:;:~ ~ ~ ~ S' Q. Q. ~~ ~ ~ .. ;; ~ ~ ;::;:: c c ~~ C _ ~ ~ ~ ~ o 0 00 :J ~ Q. I E _~ i~ Ci) Ci) 0(5 ~ ~ o 0 uu ~::!~~~~~~N cn~(1)~ ~~~~~~~~~ ~ ~ ~I~ ~ ~ ~ - ~ - - - - - g:~~~~~~~gC;; ~~;3;~~~~~~; ;!.I~ ~ "' on ("')":.-- i 00", ... 0 0 !Xi tD M <'"> <'"> on ",on l")" ......- 00"' ... 0 0 ~ ~ ~ "' on ri"": 00", "'00 ~~~ ",on ",' ..: R8~~~ ~~~mm wO:.: ffiC'S d 1:1: 888 ~ ~ N 00000 ~~~~~ on I'-; Ni ...... (f), 0'" "<:t r--I ~: N on g: ~ ~I~ W -----I ... 0<: r-- ,I- ro 0 <'"> 'f- ~ :tu w _JI 'Ci) T "" ..;ti ~: O! NI : ! o o <ci N N on on >- >- ,...,:,...,: 00 ... ..., O>O)~ "''''~'''8~~~~~~~ ~ <o::T co c ~ ~ e ~ ~ ~ .~ .~~ ~ ~ ~ Cl.o<( N<'"> ... ... '" ~ c c .~ W E i~ [g ~ ~ ~ 8 ~~~~ ~ ~~ ~Q.~:E ~~gQ)l.!~-g ~~.=~:=t3.ts "If LO to""" co 0'10""" .. "It "It.. oo:tvr.()1t) I I :e ~i i ,....: r-.:' 00 ... ... 888 g~ci ?ft.*-* 8~g ~NN '3 0<: f- o f- e- w '" en 1"'1<0 U1lrol'" .,.... N U1 r-- <0.,....0 "! '<l: crio:i- .,.... r-- '" U1 r-- ro'<t .,.... "'-1'" '" '" N '<to <0.1 "!.! o. r-- '" U1 0 rolo ...- 0 <0 '" ...- '"10 '" N '" 1 ...- T"""'!LO ...- '" ! I , I I I 1 I I 69-!69- 69-i69- 69- 69- 69- I 0> <( i:>- .S: <( 'C ffiO 0 lJl ::l <(0) U5 Q) 1<( ~ c!o o c CiS '0,1 en en 'c E C CI'C 'OI.Q .0 0 ~ ~ lJl ::l :;:; cllJl en , (,) l!!o o .- .- E c t)1 E 'C ::l Q)....J C LL 00.. 210 ro E E E (;jO c Q) Q) Q) C'C 0 (;j woo o c ~ ~I :>- :>- :>- o ro C, !en en en - c ro 0 Q) "6 ee .~ ~ E ... .... .l= ro ::l C CC (,) .... 0 Q) .2> (,) 0 o 0 0 I- 0 00 w:2 0 or" I ... ...- N '" '<t U1 <0 .- .0 0 0 0 0 0 0 .:.t. .:.t. .:.t. .:.t. .:.t. .:.t. .- lJl lJl lJl lJl lJl lJl .t: ro ro ro ro,ro ro l- I- I- 1-1;- ~I ><1 .0 .0 .0 .0 .0 ::l ::l ::l ::l ::l WI en en en en en PROPOSAL FOR TELEMETRY SYSTEM GOODS AND SERVICES SECTION ONE PERSONNEL TITLE HOURLY RA TE/Classificc 1 1 Administrative Assistant $ 26.53 ClK 1 .2 CAD Operator $ 48.00 CAD 1 .3 Designer $ 94.75 PE 1 .4 Senior Designer $ 1 1 3.70 SRE 1 .5 Engineer $ 94.75 PE 1 .6 Senior Engineer $ 1 1 3.70 SRE 1 .7 Programmer $ 94.75 PGM 1 .8 Project Manager $ 94.75 PE 1 .9 Mechanic IPanel Shop Tech $ 63.1 8 PST 1 10 Electrician $ 56.85 ELI 1 1 1 Senior Electrician $ 69.50 IT 1 12 Telemetry Technician $ 69.50 TT -- I 13 Senior Telemetry Technician $ 78.33 STT tion *Rates are based on no esculation throughout the term of the contract SECTION TWO I TELEMETRY HARDWARE I PROPOSED COST SUMMARY LIFT STATIONS TYPE NUMBER COST PER UNIT 2. 1 DUPLEX 1 54 $ 8,879.88 2.2 TRIPLEX 5 $ 1 0,495.62 2 3 QUADRUPLEX 1 $ 1 0,838 .95 =={=tfl;ttt=th;t(;;;;};j(=ft:t((}=(=t;;:ttIt:;=(j:=:(fIItttjII;==tit:t:II@tf(f=:=j=(;tt;ft=I)t,I::i::I:)tltf:ttt(;:ttl(t);ItI;tt=;;:I=jt==);;=t:ttt(;;,);:; .:-:.:.:.:.:.;.:.:.;.:.:-:.:.:.:.:.:.;.;.:.:-:.:.:.:.;.:.:.:.:.:.:.:.:-:.:-:.:.:.:.~:.:.:.:.:.:.:.:.:.:.:.:.:.:~.:.:.:.:.:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:.:.:.:.:-:.:.:.:.:.;.:.:.:.:.:.:.:.:-:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:,:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:~.:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.~:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:~.:.:.:.:.;.:.:.:.:.:.:.:.:.:.:<:.:.:.:.:.:.:.:.:.:.:.:.:.~:.:.:.: .. RAW WATER LOCATION NUMBER COST PER WELL WELLS 2 .4 EAST 20 $ 7, 762. 1 6 WELL FIELD 2. 5 WEST 1 1 $ 7 762. 1 6 WELL FIELD , THIS PAGE TO BE SUBMITTED 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 may insert this information in a format oftheir 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. 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. ~ I 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 SUBMITTED ALONG WIlli PROPOSAL IN ORDER TO BE CONSIDERED COMPLETE AND ACCEPTABLE 29 ;) ~7 0.;;::: u ,,0 - ~-' I 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 DESIGNATION. 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 provi-de 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 with 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 ofthe 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 $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 th;~ 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. A..LJ.Y 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. This agreement may be amended only by written instrument signed by both City and Contractor. DATED this ~ day of .Ju..n e ,2007 . CITY OF BOYNTON BEACH ~ City Manager ~----/-A- -------\; t:J'lM 7-----~- Contractor Attest/ Authe .~ 'd t ~res) .en Title (!r: Yn. Ci Clerk (Corporate Seal) Approved as to Form: \ Attest/Authenticated: cL-- .---- 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' ACORD* CERTIFICA TE OF LIABILITY INSURANCE OP 10 1~ DATE (MMlDDIYYYY) DCRE001 03/06/07 PRODUCER THIS CERTIFICATE IS ISSlED AS A MATTER OF INFORMATION Huckleberry, Sibley & Harvey, ONLY AND CONFERS NO RIGHlS UPON THE CERTIFICATE Ins. & Bonds, Inc. CORPORATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1020 N Orlando Ave #200 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW Maitland FL 32751 Phone: 407-647-1616 Fax:407-628-1635 INSURERS AFFORDING COVERAGE NAlC # INSURED INSURER A: Valley Forae Insurance Co 20508 INSURER B: Continental Insurance Co. 35289 DCR Engineering Services, Inc. INSURER C: Transportat.ion Insurance Co 20494 PO Box 935 INSURER D: Mulberry FL 33860 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NPMED ABOVE FOR THE POLICY PERIOD INDICATED. NCJ1"IMTHSTANDING ANY REQUIREMENT. TERM OR CONDrrlON OF ANY CONTRACT OR OTHER DOCUMENTWTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFCRDED BV THE POLICIES DESCRIBED HERE'" IS SUBJECTTO ALL THE TERMS. EXCLUSIONS AND COODrrlONS OF SUCH POLICIES. AGGREGATE LIMITS SHOVvN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRI TYPE OF INSURANCE POLICY NUMBER 'D'1..~IMMlDDIY DATE IMMlDDIYI'I UMllS ~NERAL UABIUTY EACH OCClRRENCE $1,000,000 A ~ COMMERCIAL GENERAL LIABILITY U1044207091 03/01/07 03/01/08 PREMISES lEa OCC1JRlnce) $50,000 I-- o CLAIMS MADE ~ OCCUR MED EXP (Anyone parson) $ 5,000 Contract Liab as GL EXTENSION ENDORSEMENT PERSONAL &ADV INJURY $1,000,000 >-- per policy form GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP N3G $2,000,000 h r;;t PRO- h - .... u _ POLICY i:~ i JECr LOC AUTOMOBILE LIABILITY COMBINED SINGLE UMIT $1,000,000 - B ~ ANY AUTO U1044214963 03/01/07 03/01/08 (Ea accident) - ALL OVvNED AUTOS BODILY INJURY (Per person) $ SCHEDULEDAUTOS - ~ HIRED AUTOS BODILY INJURY (Per accident) $ ~ NON-OVvNED AUTOS - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACaDENT $ R ANY AUTO OTHER THAN EA ACe $ AUTO ONLY: AGG $ EXCESS/UMBRELlA UABILITY EACH OCCLRRENCE $ 10,000,000 C ~ OCCUR 0 CLAIMS MADE 01044207107 03/01/07 03/01/08 AGGREGATE $ 10,000,000 Follow $ 8 DEDUCllBLE Form EL $ X RETENTION 510,000 $ X ITORy LIMITS I IUE~- .......--- WORKERS COMPEMiATlON AND A EMPLOYERS' UABILlTY WC249341678 01/01/07 01/01/08 E.L. EACH ACCDENT $ 500,000 !>J.lY PROPRIETORlPARTNERIEXECUTIVE OFFICERlMEMBER EXCLUDED? BLANJCET lOl..J:VER OF SOBRO E.L. DISEASE - EAEMPLOYEE $ 500,000 mMtS~Jm~~s below E.L. DISEASE. POLICY LIMIT $500,000 OTHER A Leased/Rented Eqp. U1044207091 03/01/07 03/01/08 Per Item $250,000 A Installation Fltr U1044207091 03/01/07 03/01/08 Per Job $250,000 DESCRlPll0N OF OPERATIONS I LOCATIONS I VEHICLES I EXClUSIONS ADDED BY ENDORSEMENr / SPECIAL PROVISIOOS Leased/Rented Equipment: Special Form/ACV/$10,OOO Deductible Applies. Certificate holder is included as additional insured with respects to General Liability. City of Boynton Beach P.O.Box 310 Boynton Beach FL 33425-0310 CANCELLATION C I TYBOY SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATlON DATE THEREOF,.THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGAllON OR LlABlLllY OF ANY KlND UPON THE INSURER, 115 AGENlS OR REPRESENTATIVES. B. (L r~~ CERTIFICATE HOLDER ACORD 25 (2001108) @ACORD CORPORATION 1988 ACORD". CERTIFICATE OF LIABILITY INSURANCE OP 10 DATE (MM/DD/YYYYl DCRE002 03 07 07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Huckleberry, Sibley & Harvey, T~S. & Bonds, Inc. CORPORATE 20 N Orlando Ave #200 tland FL 32751 ....one: 407-647-1616 Fax: 407-628-1635 INSURED DCR Engineering Services, Inc. PO Box 935 Mulberry FL 33860 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSURERS AFFORDING COVERAGE INSURER A: Hous ton Casual t INSURER B: !INSURER C: . INSURER D: INSURER E: NAIC# 42374 lYPE OF INSURANCE GENERAL LIABILllY COMMERCIAL GENERAL LlABILl1Y CLAIMS MADE D OCCUR POLICY NUMBER LIMITS EACH OCCURRENCE $ $ $ GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ COMBINED SINGLE LIMIT I $ (Ee accidant) ANY AUTO I I-- .-. ALL OWNED AUTOS f-- BODiLY INJURY is SCHEDULED AUTOS (Par person) i I-- I HIRED AUTOS BODILY INJURY I f-- i $ NON-OWNED AUTOS (Per eccident) W , I I i PROPERlY DAMAGE S i (Per accident) - GARAGE UABILllY AUTO ONLY - EA ACCIDENT S ~ ANY AUTO i OTHER THAN EA ACC $ I AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILllY i EACH OCCURRENCE i$ :=J OCCUR D CLAIMS MADE I I i AGGREGATE '$ i i '$ =4. DEDUCTIBl.E I i ~ I i $ -- RETENTION $ I I WORKERS COMPENSAll0N AND I TORY LIMITS I IOJ~- EMPLOYERS' UABILllY I I E.!.. EACH ACCIDENT 1$ ANY PROPRIETOR/PARTNER/EXECUTIVE I OFFICERlMEMBER EXCLUDED? I I ! E.!.. DISEASE - EA EMPLOYEE $ I , If ~es, describe under , I S ECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER A Prof Liability i HC055043802 08/12/06 08/12/07 Ea Claim $2,000,000 Claims Made Form RETRO DATE 7-12-00 , Dedt. $75.000 DESCRIPll0N OF OPERA 110NS / LOCA 110NS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS For Information Only CANCELLA nON INFONLY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRAll0 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ==- DAYS WRITTEN NOTICE TO THE CERllFICATE HOLDER NAMED TO THE LEFT.,BUT FAILURE TO DO \Ll , . IMPOSE NO OBLlGAll0N OR L1ABILllY OF ANY KIND UPON THE INSURER, ITS AGEN. .( REPRESENTA TlVES. ';":2 0 . ~\l. t' D. -a 7 ~ c.-I1 CERTIFICATE HOLDER ACORD 25 (2001/08) @ACORDCORPORATION 198 VI.-CONSENT AGENDA ITEM C.S 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 August 21,2007 August 6, 2007 (Noon.) D October 16,2007 October I, 2007 (Noon D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15,2007 (Noon) D September 18, 2007 September 3, 2007 (Noon) D November 20,2007 November 5, 2007 (Noon) [gJ October 2, 2007 September 17, 2007 (Noon) December 4, 2007 November 19,2007 (Noon) D Announcements/Presentations D City Manager's Report NA TURE OF D Administrati ve D New Business AGENDA ITEM [gJ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: Motion to approve and authorize the execution ofa Resolution for an agreement with Counseling Services Institute, Inc. for an estimated annual expenditure of $1 0,080.00 EXPLANATION: On August 29,2007, Human Resources went out to quote for an Employee Assistance Program for the City of Boynton Beach employees. The current agreement with Life Enrichment, The Center for Family Services of Palm Beach County, Inc. expires as of September 30, 2007. Counseling Services, Institute, Inc was selected based on their scope of services and their competitive bid. They offer confidential, professional EAP Services from their central location in Boca Raton, Florida, and have a national and international affiliate network that is both credentialed and reliable for immediate service. They offer assessment, diagnosis and treatment or referral services to employees and their dependents for a variety of incidences that can cause personal problems to become personnel problems. The services include, but are not limited to legal, financial, mental health, addiction, stress management, eating/gambling disorders, career consultations, marriage and family counseling, scholastic problems for children, HIV and AIDS education, support groups and psychiatric disorders, sexual harassment prevention education, critical debriefing and workplace violence intervention and prevention. They also coordinate benefits with the City's insurance provider Blue CrosslBlue Shield of Florida. A further purpose ofretaining an EAP for City employees is to keep the City of Boynton Beach compliant with regulations covering policies pertaining to the drug-free workplace. The EAP program also keeps the City compliant with Worker's Compensation regulations, which require yearly education on substance abuse to be presented in the workplace. Supervisory and management training will also be provided on an on-going basis. A further service of Counseling Services Institute is an on-going Education, Awareness and Prevention program to help insure prevention and/or timely interventions thereby reducing liability for the City. PROGRAM IMP ACT: The purpose of this quote was to retain a consulting firm for the EAP program for the City of Boynton Beach employees. FISCAL IMPACT: The estimated expenditure will be approximately $10,080 depending on the City's headcount. The cost for each employee is $ I 2.00 per year. This amount is covered in the Human Resources budget under Employee Assistance Program line item (Account # 001-1610-513-34-30), where $26,000 was initially budgeted. The plan is to use the savings to begin Diversity Training for City employees. S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not enter into a contract with an EAP provider and not be compliant with Worker's Compensation regulations and the Drug Free workplace requirements; Renew the agreement with Life Enrichment, The Center for Family Services of Palm Beach County, Inc. for $20,160.00 annually for the same services; Enter into an agreement with one (l) of the other three (3) vendors who submitted quotes and pay between $20,865 and $17,640 annually for the same services. ~ Assistant to City Manager ~ City Manager's Signature Human Resources Department Department Name -~_. City Attorney / Finance S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC IT I. Ii I 1 2 RESOLUTION NO. R07- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING AND 7 AUTHORIZING EXECUTION OF AN AGREEMENT 8 WITH COUNSELING SERVICES INSTITUTE, INC., 9 FOR AN EMPLOYEE ASSISTANCE PROGRAM WITH 10 AN ESTIMATED ANNUAL EXPENDITURE OF 11 $10,080.00; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, on August 29,2007, the Human Resources Department requested quotes 15 for an Employee Assistance Program for the City of Boynton Beach employees; and 16 WHEREAS, five companies responded to the request for quotes with Counseling 17 Services Institute, Inc., being selected based on their scope of services and their competitive 181 bid; and 19 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 20 interest of the City to enter into the Employee Assistance Progran1 Agreement with 21 Counseling Services Institute, Inc for a period of one (I) year. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above IS true and correct and 24 25 incorporated herein by this reference. 26 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 27 approves and authorizes the City Manager and City Clerk to execute the Employee Assistance 28 Program Agreement between the City of Boynton Beach and Counseling Services Institute, 29 Inc., for an Employee Assistance Program for the period of one (1) year and an estimated S:\CA \RESO\Agreements\Counseling Services Institute (EAP).doc expenditure of$10,080.00, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. 2 3 PASSED AND ADOPTED this _ day of October, 2007. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 Mayor - Jerry Taylor 10 11 12 13 Vice Mayor - Jose Rodliguez 14 15 16 17 Commissioner - Ronald Weiland 18 1911 20 21 Commissioner - Mack McCray 22 23 24 25 Commissioner - Carl McKoy 26 ATTEST: 27 28 29 30 Janet M. Prainito, CMC 31 City Clerk 32 33 34 (Corporate Seal) 35 36 S :\CA:RESO:Agreements\Counseling Services Institute (EAP).doc EMPLOYEE ASSISTANCE PROGRAM AGREEMENT THIS AGREEMENT, is entered between the CITY OF BOYNTON BEACH, hereinafter referred to as the '"City", and COUNSELING SERVICES INSTITUTE, hereinafter referred to as '"CSI", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. CSI is retained by the City to provide confidential, professional Employee Assistance Services to the employees of the City of Boynton Beach and their dependants. 2. SCOPE OF SERVICES. CSI agrees to perform the services, identified on Exhibit "A", which is attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. 3. TERM. This Agreement shall be for a period of one (1) year commencing on the date the Agreement is executed by the City. 4. PAYMENT. CSI shall be an estimated annual amount of $1 0,080.00, or a cost of $12.00 per year for each ofthe City's employees for services rendered under this agreement as follows: a. CSI will submit invoices to the City on a quarterly basis during the term of the agreement. Such invoices will be checked by the City, and upon approval thereof, payment will be made to CSI in the amount approved. 5. COMPLIANCE WITH LAWS. CSI shall, in performing the services contemplated by this 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. 6. iNDEMNIFICATION. CSI 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 person, the employees, or damage to property occasioned by a negligent act, error or omission of CSI, as further discussed in Exhibit "A." 7. INDEPENDENT CONTRACTOR. CSI and the City agree that CSI 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 CSI nor its employees 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 CSI, or any employee of CSI. 8. COVENANT AGAINST CONTINGENT FEES. CSI warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for CSI, 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 CSI, 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 be 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. 9. DISCRIMINATION PROHIBITED. CSI, 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. 10. ASSIGNMENT. CSI shall not sublet or assign any of the servIces covered by this agreement without the express written consent of the City. 11. 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. 12. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving thirty (30) days written notice to CSI. CSI shall be paid for work completed up to the date of termination. 13. DISPUTES. Any disputes that arise between the parties with respect to the performance of this contract, which cannot be resolved through reasonable negotiation, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. Further, this agreement shall be construed under Florida Law. 14. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this agreement, workers compensation, and comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence 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 delivered to the City prior to execution of this agreement. 15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: To City: Kurt Bressner, City Manager CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 To CSI: Donna Hearn, LMHC, CAP, Director COUNSELING SERVICES INSTITUTE 7601 Federal Hwy., Suite l65-B Boca Raton, FL 33487 16. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this agreement, or the occurrence of any event rendering any portion or provision of this agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the agreement. Any void provision shall be deemed severed from the agreement and the balance of the agreement shall be construed and enforced as if the agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the agreement to replace any Page 2 of3 stricken provision with a valid provision that comes as close as possible to the intent of the stricken provIsion. 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and CSI and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the City and CSI. DATED this day of 2007. ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: By: City Clerk City Manager Approved as to legal sufficiency and form: By: City Attorney WITNESSES: COUNSELING SERVICES INSTITUTE By: Print Name: Printed Name: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of has produced , he/she is personally known to me or (type of identification) as identification. 2007, by Notary Public - State of Florida S:\CA\AGMTS\Consultants\Counseling Services Institute.doc Page 3 of3 Submitted by: Service Areas: Mailing Address: Phone: Fax: Services: Fee For Service: Time Period: Licenses: Certifications: Liability Ins: Memberships: EMPLOYEE ASSISTANCE PROGRAM PROPOSAL FOR THE CITY OF BOYNTON BEACH Counseling Services Institute Donna Hearn, LMHC, CAP, SAP, Director Local and Statewide National Referral Network International Referral Network - Rome; Paris; Switzerland 7601 Federal Hwy., Suite l65-B, Boca Raton, FL 33487 561-995-9500 800-492-0253 561-995-9510 Confidential, professional Employment Assistant Program services for the City of Boynton Beach employees and their dependents. $12.00 per employee per year One year from date of contract Mental Health Counselor License Certifying Board Addiction Professionals (CBAPF) #369 SAP - Substance Abuse Professional - Dept. Of Transportation Western World; Scottsdale lnsurance Compo Greater Boca Raton Chamber of Commerce National Assoc. of Alcohol and Drug Abuse Counselors Children's Cancer Caring Network National Addiction and Psychiatric Services for Children Y A TC - Youth Automotive Training Center Florida Alcohol and Drug Abuse Foundation -1- SCOPE OF WORK The following proposal will offer confidential, professional Employee Assistance Services ("EAP") to the employees and their dependents of the City of Boynton Beach. The Counseling Services Institute in Boca Raton, Florida will coordinate all activities of the EAP through its director, Donna Hearn, in the central location in Boca Raton, and has a national and international affiliate network that is both credentialed and reliable for immediate service. The purpose of the EAP is to offer assessment, diagnosis and treatment or referral services to employees and their dependents for a variety of incidences that can cause personal problems to become personnel problems. The services include, but are not limited to legal, financial, mental health, addiction, stress management, eating/gambling disorders, career consultations, marriage and family counseling, scholastic problems for children, HIV and AIDS education, support groups and psychiatric disorders, sexual harassment prevention education, critical debriefing and workplace violence intervention and prevention. A further purpose is to keep the City of Boynton Beach compliant with regulations covering policies pertaining to drug-free workplace. An EAP also keeps the City of Boynton Beach compliant with Worker's Compo regulations, which require yearly education on substance abuse to be presented in the workplace. Supervisory and management training will also be provided on an on- going basis. A further service of CSI's EAP is on-gomg Education, Awareness and Prevention program to help insure prevention and/or timely interventions thereby reducing liability. -2- EMPLOYEE ASSISTANCE PROGRAM OVERVIEW I. Schedule of Services Provided in base EAP: A: For employees * 5 - individual sessions per employee for evaluation and referral * 1 - individual session for family members * All - alcohol or drug evaluations * 6 - one hour Stress Management Program * Drug-Free Workplace education for all employees presented quarterly * Certificates of Participation for all employees receiving Drug-Free Workplace education * Confidential, personal take-home assessments for indication of alcohol or other drug problems. B: For the employer * Consultation on the design and implementation of necessary policies and procedures * Training for supervisors and managers * Recognition and documentation of performance problems * How to utilize the EAP * In-House promotion of the EAP * Confidential statistical utilization review * Annual EAP evaluation ') - -)- The following services will be included in the proposal: For the employees and their dependents: * 5 office visits per employee * 1 office visit for dependents * all alcohol and drug evaluations at no charge * 6 - one hour stress management sessions per year * access to monthly educational programs * referral services to most quality-oriented/cost-effective outside programs when necessary * S.A.S.S.I. evaluations for alcohol/drug abuse DUI referrals * monitoring of all treatment modalities for one year * 800-number to contact main Boca Raton office * reduced fees for psychiatric and substance abuse programs and drug tests Counseling Services Institute shall perform for the City of Boynton Beach employees and their eligible family members the following services: · Marital counseling · Divorce adjustment counseling · lob-related counseling · Parent/child counseling · Substance abuse assessment and counseling or referral · Senior services · Counseling or referral related to physical or developmental disabilities · Mental Health assessment and counseling · Unlimited Legal! Financial Consultations provided by EAP · Elder care resource and referral per contract year IT IS IMPORTANT TO NOTE THAT NO ONE WILL BE DENIED SERVICES BECAUSE OF INABILITY TO PAY OR LACK OF INSURANCE. THIS IS THE PHILOSOPHY OF CSI. ALL EMPLOYEES, DEPENDENTS ARE GIVEN THIS NOTICE IN WRITING. -4- The following services will be offered directly to the City of Boynton Beach: . Technical assistance in the development ofEAP policies & procedures. . Case management (coordination of community resources, follow-up and case advocacy) . Referral to specialized services not offered by EAP, but required by an employee/eligible family member . Telephone consultation with EAP staff as necessary . On-site consultation by EAP staff in those cases where EAP & the City of Boynton Beach deem it necessary . Priority for EAP appointments . Benefit Talks / Fairs as needed . New Employee Orientation . Drug Free Workplace Training . U.S. Department of Transportation (DOT) Compliance Training * Program Promotion * Confidential, quarterly evaluation on program utilization * Supervisory and Management Training on: + Ongoing Orientation for New Employees + Documentation of Performance Problems + Recognition of Substance Abuse in the Workplace + Violence Prevention/Intervention + Legal Liability of Supervisor + Do's and Don'ts of Confronting Employees + Sexual Harassment Recognition Issues + 6-Hour Stress Management For Supervisors + Critical Debriefing -5- PROGRAM DEVELOPMENT AND IMPLEMENT A TION FOR THE CITY OF BOYNTON BEACH CSI agrees to offer the following services to the City of Boynton Beach to help establish an EAP: Develop policy and policy statements as well as procedures aimed at personalizing a workplace safety philosophy about the use of an EAP in the workplace. Meet with human resource professionals to help them develop policy statement and encourage support from the top. Promote kickoff of Employee Assistance Program to individuals utilizing the City of Boynton Beach human resource staff. Attend safety meetings, educational programs, or monthly meetings of employees to be available for questions and interventions. Provide the company with a flyer or use their existing form of communication to promote the program. Provide on-going education to employees, fan1ilies about health and well-being in the workplace. Aid the City of Boynton Beach in keeping compliant as required by the Federal Worker's Compensation policy of safety sensitive positions. Provide a network of resources to maintain an evaluation of the EAP system on an annual basis with quarterly reports reflecting the demographics and utilization review rates. INDIVIDUALS: "Member" as discussed in this section refers to the City's employee and/or his or her dependents. All service providers are licensed or certified in their specialty fields and will agree to see the member to do initial evaluation with 24 to 72 hours of call as indicated by severity of problem. Members will be contacted by a provider for the purpose of scheduling the initial appointment. Upon initial intake and prior to meeting with the service provider, the member will complete a demographic information packet at our office, including providing medical health insurance information where applicable. -6- Each member will receive lone-hour assessment session per referral whether it a self- referral or supervisory. All referrals will be afforded the utmost in confidentiality as deemed necessary by Federal Regulations and State law and as stated in our philosophy. Assessment and referral services will also be available to family members. Counseling Services Institute agrees to provide all members with the opportunity for educational events throughout the year, at no fee. Counseling Services Institute will provide mailings to announce the event, time and location on a continuous schedule. The stress management program includes 6 one-hour sessions on-site, family members invited, with emphasis on biofeedback and relaxation techniques. SUPERVISORY AND MANAGEMENT TRAINING CSI agrees to provide supervisory and managerial staff with the following: Policy and procedure implementation workshops. Training workshops which include documentation necessities; the legalities of policy enforcement; confrontation of employees on work related performance only; do's and don'ts of documentation and confrontation; how to initiate and EAP referral: follow-up and evaluation. Separate sessions for supervisors and managers include orientation; signs and symptoms of performance problems; recognizing the need for a medical, legal or financial referral; and how to facilitate the manager's role with the EAP liaison. Supervisors will be educated about referrals to agencies, the supervisor's role in the referral and treatment process, and what to accept when the employee returns to the work force. The EAP provider will submit follow-up documentation for one year following treatment on a monthly basis as agreed upon with treatment providers. CSI will offer orientation and training programs quarterly. We believe the success of the program lies in education. Training will be provided on site for 5 or more employees. All training sessions will be geared toward the convenience of the employer with a minimum of 1 hour per quarter. PROGRAM PROMOTION CSI agrees to promote the program to all employees through pamphlets designed to explain the EAP and CSI. CSI agrees to attend weekly orientation meetings for all new employees and to answer any questions not of a confidential nature. -7- Periodic one-page flyers will be distributed to the human resource department for disbursement to employees on a variety of topics that may interest them. The topics will be presented on or off premises in either a lecture of film format and will deal with issues that are timely and topical. These issues will help to enhance the education of employees and thus prevention measures. CSI will insert prevention articles in paychecks, newsletters, memos or whatever device human resource now uses to promote activities. CSI will incur all expenses for mailing, insertions publications, etc. A booklet for supervisors will be used to help better utilization ofthe program. PROGRAM EVALUATION Quarterly reports will be submitted to the company which will disclose utilization rates, demographic information, types of problems identified, referral rates, which departments refer (when requested), and whether or not the referral was a supervisory or self-referral. All employees, and family members will have the opportunity to fill out quality assurance evaluations and report his or her experience with the EAP directly and confidentially to the company as per their request. You will receive similar information upon request as anonymous reporting for confidentially reasons. Also, a quality assurance evaluation will be sent to your company by employees who agree to fill out the evaluation. FINAL EV ALUA TION CSI agrees to conduct a summarized final evaluation of the program based on participant evaluations, supervisory evaluations and oral reporting of clients. This report will contain strengths and weaknesses of the program, suggestions for future programs, utilization review records, candid, confidential and anonymous employee reactions, supervisory feedback and administrative points of interest. This report will also identify any documentable financial savings that can be attribute to the EAP. -8- TIMETABLE CSI agrees to conduct an informational orientation campaign for existing employees from FY07108 through September, 30, 2008. A brochure will be provided for family members. Training sessions for supervisory staff will begin FY 07/08 and continue through September 30, 2008. This education should be presented prior to general employee orientation so that supervisors will have adequate knowledge of program when asked questions, etc. It is preferable to have all supervisors knowledgeable about the program as early as possible. All orientation, both for employees and supervisors will continue both weekly and monthly from FY07/08 through September 30,2008. lt is important that this is ongoing and current. CSI will try to accommodate the schedule of all employees on all shifts when possible. Topics are presented monthly either in-house or out-house and the City of Boynton Beach employees will be invited to those workshops, lectures, films, etc. Quarterly reports will be presented during the first 15 days of the month following the end of the quarter. Final summary information will be gathered all year and presented in person 30 days prior to close of contract. FEES CSI will ask for $12.00 per employee per year for all services covered in this proposal. CSI will not assume any costs for referral to outside sources but will try to find the most quality-oriented, cost-effective referral when necessary. Because CSI contracts with a variety of professionals, it is often not necessary to go outside of our network. CSl agrees to negotiate fees for admissions to substance abuse treatment programs. psychiatric institutions and outside referral sources when possible. It is the belief that employees under duress may not be able to negotiate these services and should be represented by professionals. CSI will not assume any financial responsibility for such services and will have employees read and sign an "Explanation of Fees" form. Payment of fees to CSI from the City of Boynton Beach should be paid on a quarterly basis by the 15th of the month following the quarter unless otherwise requested. -9- ASSISTANCE FROM THE CITY OF BOYNTON BEACH CSI requests that the City of Boynton Beach petition their health insurance carrier to admit providers of services most recommended by the CSI to their provider lists, thus making utilization of those services more available to employees. This will also save the City of Boynton Beach insurance dollars and can help further stretch employee benefits. CSI requests that rooms and audio-visual equipment be provided to help host the educational programs and orientations. Whenever possible, attendance by a particular supervisor or an introduction of the EAP liaison in the beginning of the session would enhance the educational sessions. Support from the top always helps. CSl requests that supervisors refrain from "hall talk" about personnel problems that have been sent to the EAP. CSI reminds all involved that confidentiality is of the utmost importance. CSI requests that the supervisor call the EAP provider directly to ask questions rather than transact through an employee. This would be detailed more closely in supervisory training. Education, awareness and prevention make a great EAP. The more you use our services, the more the City of Boynton Beach and employees benefit. To show a savings in insurance benefits, employee acuity, etc., interaction with the EAP is a must. Thousands of dollars in health benefits can be saved monthly with proper diagnosis, referral and treatment by an EAP. By utilizing an EAP, hundreds of employees and families who previously had little or no recourse to help can have better lives. INDEMNIFICA nON/HOLD HARMLESS AGREEMENT Counseling Services Institute agrees, in addition to any other obligation, to indemnify the City of Boynton Beach and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City of Boynton Beach, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any injury or alleged A) bodily injury, sickness, disease or death or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting of claims to have resulted in whole or in part from any actual or alleged act or omission of COUNSELING SERVICES INSTITUTE, any subcontractor, anyone directly of indirectly employed by any of entities to whom CSI may refer, of anyone for whose acts any affiliate may be liable in the performance of the EAP; of B) violation of law, statute, ordinance, governmental administration order, rule, regulation of the EAP; or C) liens, claims or actions made by COUNSELING SERVICES INSTITUTE or any affiliate or other party performing the EAP services. The indemnification obligations hereunder shall not be limited by limitation on the amount, type of damages, compensation or benefits payable by or for COUNSELING SERVICES INSTITUTE or an affiliate under Worker's Compensation acts, disability benefit acts, other employee benefits acts or any statutory bar. -10- COUNSELING SERVICES INSTITUTE further agrees to incur all expenses, including attorney's fees, incurred by the City of Boynton Beach to enforce this agreement. If agreement is acceptable, signature of this form will act as a binding agreement and subsequent contract will be submitted on request. Donna Hearn, LMHC, CAP, Director Counseling Services Institute City of Boynton Beach -11- -0 v .~ v U v ;...., v ;...., v ~ U'l C) U '> ;...., C) U'l .- c... -< W ~ s:::: ('j c... C) U ..... 03 ....... U'l U'l V1 -< C) C) >--. o Q., ..... ..... WJ ;...., c2 V1 ~ o ::l U CD s:::: .~ o ...;:: C) ..... f- o oo::t 00 "2@ ::l C) := u ~~ti3 Is C) ....... o ::l 0'::2 ~c... I.C W c...c... ~ 03 Q., E o :.J ~ (,,/ .. o -= U '" ..... = 888e:8 OlrlO=O '--0--0 oo::t QO oo::t I ........00--0=\0 OO~=r---: NN.............- ~~~E.I'}~ ::2;2~~;2 c...c...c...-o... WWW~~ o...c... 0... =-"0... Ot'--lrl=lrl o 0 t'-- = t'-- N N..................... ~~~E.I'}~ c... I~ "2 <1) o...::r:: -<- ~ ~ ....... 0 C "> ~ ('j ~ ~ UCQ 'C ~i ~O - ~U (,,/ == - ~ ...... = ...... .. U ...... s:::: rIJ - == d-:~ ~ ~ 5 .s 'E ~ ~ ~ <1) ...c rJ1 ;;a "'51~u o c C/)i:': ~ '-- ~ ~ o rIJ - 0... == 8- .A' =' ;...., '"'-; 0 0 ~Uu VI.-CONSENT AGENDA ITEM C.6. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office D August 21, 2007 August 6, 2007 (Noon.) D D September 4, 2007 August 20, 2007 (Noon) 0 D September 18, 2007 September 3, 2007 (Noon) 0 [gJ October 2, 2007 September 17,2007 (Noon) D Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office October 16,2007 October 1,2007 (Noon November 7,2007 October 15, 2007 (Noon) NATURE OF AGENDA ITEM D D [gJ D D Announcements/Presentations D Administrative D Consent Agenda D Code Compliance & Legal Settlements D Public Hearing D City Manager's Report New Business :z:". :J: C) :-, ::::; ::.:::;-< <0 <~-:I ..." ;-- 00 :"";10 :'.~-< _."'-....~ ,"':; :::; a Oz .., ..,00 - rr'1 ("')> rr'1("') ::c December 4,2007 c=) November 5, 2007 (Noo~ C/) f"T1 November 19, 2007 (N~) N en November 20, 2007 Legal Unfinished Business CX) W o RECOMMENDATION: Amend Resolution No. R06-085 deleting William Mummert, Director of Financial Services and Mary Munro, Assistant to the Director of Finance, and adding Lori Laverriere, Interim Director of Financial Services for the City of Boynton Beach to the list of designated individuals authorized as signatories for all City accounts at the Bank of America EXPLANATION: Bank of America requires a Resolution approved by the City Commission listing authorized signers on the City's bank accounts. Due to the resignation of William Mummert and retirement of Mary Munro, and appointment of Lori Laverriere, the signature resolution needs to be amended. The current authorized signers are Jerry Taylor, Mayor; William Mummert, Director of Financial Services, Mary Munro, Assistant to the Director of Finance Services and Bobby Jenkins, Jr., Assistant Director of Finance Services. PROGRAM IMPACT: NONE FISCAL IMPACT: NONE ALTERNATIVES: NONE Department Head's Signature Assistant to City Manager Department Name City Attorney / Finance S\BULLETlNlFORMS\AGENDA ITEM REQUEST FORM DOC 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 THE SIGNATURE RESOLUTION FOR CITY 6 ACCOUNTS AT BANK OF AMERICA; AUTHORIZING 7 THE EXECUTION OF A REVISED SIGNATURE 8 RESOLUTION; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach approved Resolution 12 No. R06-085, designating specified individuals as authorized signatories on City accounts at 13 Bank of America; and 14 WHEREAS, due to retirements and changes in personnel, it is necessary to remove 15 William Mummert, Director of Financial Services, remove Mary Munro, Assistant to the 16 Director of Financial Services, and add Lori Laverriere, Interim Director of Financial Services 17 II as authorized signatories on City accounts at Bank of America; and 18 I WHEREAS, the City Commission of the City of Boynton Beach, hereby deems it to I 19 be in the best interests of the citizens and residents of the City of Boynton Beach, to amend 20 Resolution No. R06-085 to remove William Mummert and Mary Munro and to add Lori 21 Laverriere to the list of designated individuals authorized as signatories for all City accounts 22 at Bank of America; 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confimled as 26 being true and correct and are hereby made a specific part of this Resolu60n upon adoption 27 hereof. 28 Section 2. Resolution No. R06-085, IS hereby amended to provide that the S:\CA\RESO\Agreements\Authorizing Signatures Bank Amercia 092507.doc following individuals are designated as authorized signatories on City accounts at Bank of 2 America: 3 4 5 6 7 Mayor Jerry Taylor Lori Laverriere, Interim Director of Financial Services Bobby Jenkins, Jr., Assistant Director of Financial Services Section 3. The City Commission of the City of Boynton Beach, Florida does 8 hereby authorize execution of any documents from Bank of America necessary to amend the 9 list of authorized signatories on City accounts. 10 11 12 Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of October, 2007. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ATTEST: 31 32 33 Janet M. Prainito, CMC 34 City Clerk 35 36 37 (Corporate Seal) 38 39 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CA\RESO\Agreements\Authorizing Signatures Bank Amercia 092507.doc VI.-CONSENT AGENDA 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 D August 21, 2007 August 6,2007 (Noon.) D D September 4, 2007 August 20, 2007 (Noon) D D September 18, 2007 September 3, 2007 (Noon) D [gJ October 2, 2007 September 17, 2007 (Noon) D Requested City Commission Meeting Dates Date Final Form Must be Tumed in to City Clerk's Office October 16, 2007 October 1,2007 (Noon November 7, 2007 October 15,2007 (Noon) November 20, 2007 November 5,2007 (Noon) C> -.l November 19, 2007 (N1tQI)) rrl -0 December 4,2007 NATURE OF AGENDA ITEM D Announcements/Presentations D Administrative [gJ Consent Agenda D Code Compliance & Legal Settlements D Public Hearing D City Manager's Report .;:- D New Business ""'0 ::i: D Legal N D Unfinished Business W en D RECOMMENDATION: Motion to approve the reduction of a letter of credit for the Marina Village at Boynton Beach from $739,469.23 by 90% to $73,946.92. A letter dated August 15, 2007 requesting the reduction is attached. EXPLANATION: This request represents the completion of the construction and installation of the required public improvements to support the Project and the necessary terms of the utilities permit. The remaining 10% will be held until the one-year warranty period is complete. PROGRAM IMP ACT: FISCAL IMPACT: 001-0000-220-99-00 ALTERNATIVES: ~~ City Manager's Signature Assistant to City Manager Cku</' M011l1~ ~ (4I07 Depa Jf!.L_- Department Name City Attorney / Finance S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC n O--l -l-< ~.:::c -, "'1l r- co ""ie) ;,2-< ,"'.'"'Z "I;~ "'0 Oz -." :']g:; CJ:> (TIo ::I: RECEIVED ~i~;'5_:'1;:~i~:;i.~;.~L:6:;i::~;~'i~~~,~---- MARINA VILLAGE .,:- BOYN'~ON SEACr: AUG 1 6 2007 DATE: 8-15-07 BOYNTON BEACH UTILITIES TO: Pete Mazzella FROM: Brian Smith RE: Our Letter of Credit # 11184/Land Developmen't Permit No. 4685 Mr. Mazzella, This Jetter is to serve as The Related Group's request to reduce the Jetter of credit referenced above. Please reduce the amount of $739,469.23 down to 5'10. Thank you for your assistance in this matter. Brian Smith 13~~ 625 Caso. Loma: Blvd., Boynton Beach, Florida 33435 Office (561) 703-2185 Fax (561) 742-2206 Email: bsmith@wptmarine.com v {': ':Cly IIIr.lI__ -0 J'I F" 0 R 1 D A. Telf 305.577-7212 Fax:: 305.577~7402 ~. ~JI'c..&N .~..ua,R.. 1MJ'TBR: 0; CBIJ.I'fNO..Il184 .~ lwy2, ~ ,. ;' TO; City Commk~n of Boynton Beach clo City Engineer, Agent for the City 100 East Boynton Beach Boulevard Boynton Beach. Florida 33435 Attn; Laurinda Logan Tel:561-74~-6482 Fax:561-742-6285 RE: Our Letter of Credit No.1 I 184 Land Development Permit No. 4685 Plat: Marina Village at Boynton Beach Aggregate Amount:USD739,469.23 Expiration Date: June 30, 2005 / . .We hereby open our Clean Irrevo,cable Letter of Credit No. 11184 in favor of the City of Boynton Bea~ Florida ("City") for the initial amount of Seven Hundred and Thirty N"me Thousand Fopur Hundred Sixty N'me and 23/100 US Dollars ($739,469.23) effective as of this date, which sbaI.I remain effective until released by a Resolution adoPted by the City CommisSIon at a regular City Commission scheduled meeting. This Letter of Credit is issued pursuant to the teems of that certain Utility Permit (heteinafter, "Permit"), issued to TRO-Boynton Beach, as Developer, by the City of Boynton Beach, Florida, to a project to be known as Marina Village at Boynton Beach (hereinafter, called the 'CProject"), and to constIUct and install the required public improvements to support the Project subsequent io recordation of said plat for the Project pursuant to the terms of the Permit, This Letter of Credit,. however, is independent of said Permit and reference herein is for information only. The imtial amount of funds available under this Letter of Credit and stated above be reduced from time to time by the City Engineer, as the agent for the City of Boynton Beach, in accordance with the requirements of the SubdivisIon, Platting and Required Improvem.ents Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations. We hereby agree that such reduction shall not be effective until we have furnished a written amendment to this Letter of Credit Such amendment shall reference this Letter of Credit as well as the Pennit Number and Project Name. as set out herein, and the new amount requested. Continue on Page 2 of2 25 W. Flagler Street, Miami. Florida 33130 305-5n-7333 305-577-7460 Fax Funds under this Letter of Credit are available to the City hereunder, not to exceed the current available amount subsequent to any authorized reductions of this Credit against CITY NATIONAL BANK OF FLORIDA Clean Irrevocable Letter or Credit No. lU84 (page 2 of2) the City' 1 d~mand) by in authorized agent named above, for payment to us mentioning our Letter of Credit No. 11184. When the City's demand for payment is received at City National Bank of Florida, 25 West Flagler Street, International Dept. Miami, Florida 33130 on or prior to the Expiration Date. it will be promptly honored. Venue for any and all legal actions necessary to enforce the tenns of this Letter of Credit shaH be in Palm Beach County, Florida. Except as is inconsistent with the express proyisions hereof: this Letter of Credit is subject to the Uniform Customs and Practices For Documentary Credits (1993 Revisions). International Chamber of Commerce Publication No. 500. Kindly address all correspondence regarding this Letter of Credit to the attention of Letter of Credit Department mentioning specifically our Credit Number 11184. Bank of Florida -~,~n ~1~~ David Helme, EVP. Chief Credit Officer IU84p( 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 Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1,2007 (Noon D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15,2007 (Noon) D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon) [gJ October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon) D Announcements/Presentati ons D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [gJ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA TION: Authorize Mayor and/or City Manager to present Boynton Beach Property Tax Reform proposal to Florida Taxation and Budget Reform Commission Public Hearing on October 10th (Miami-Dade) or October 11 th (Broward County). EXPLANA nON: While the property tax referendum is scheduled for January 29, 2008 (referendum language attached), the Florida Taxation and Budget Reform Commission is proceeding with taking testimony on property tax issues. The City's property tax reform, approved by the City Commission earlier in 2007, may offer the Commission with good ideas on property tax reform as opposed to the legislative formula approved in June 2007. Authorization from the City Commission to present the City's proposal to the Taxation and Budget Reform Commission is requested. PROGRAM IMPACT: None FISCAL IMPACT: (Include Account Number where funds will come from) none AL TERNA TIVES: Do not authorize presentation. Department Head's Signature ~re Assistant to City Manager cft/../ City Attorney / Finance Department Name S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORMDOC ]he Citl} 0/ &l}DtOD Beach OFFICE OF THE Cl7Y MANAGER 100 E. Boynton Beach Boulevard P.D. Box 310 Boynton Beach Flonda 33425-0310 City Managers Office: (561) 742-6010 FAX' (561) 742-6011 e-malf: bressnerk@ci.boynton-beach.fI.us www.boynton-beach.org City of Boynton Beach White Paper on Property Assessment and the Property Tax Issue March 27,2007 Prepared by Kurt Bressner City Manager On Behalf of the City Commission of the City of Boynton Beach, Florida Introduction: The City of Boynton Beach has been watching and commenting on the various property tax proposals being considered in the Legislature. In our opinion, the emphasis for any property tax refonn needs to be based on a realistic assumption that the "Save Our Homes" Constitutional Amendment is not going away. This program has shifted the burden of property tax costs away from owner-occupied residents who claim their home as their primary residence to renters, businesses and part-time residents. Given the reality that "Save Our Homes" is not likely to be eliminated the City has looked at several ideas starting with the property assessment practices. Our approach is to work with this as a given and focus on what can be done to provide better equity across all classes of taxable property in Florida. At its meeting of March 20, 2007, the Boynton Beach City Commission cndOised the following six basic property tax and property assessment ideas. The City Commission reviewed these items because cities should be part of the solution and offer suggestions for improvement. This letter, however will focus on points 5 and 6 from the list because we think that these two points may offer promise to break the logjam in the debate on property tax and shift the focus to the real dilemma - there are two classes of taxable property in Florida - protected and not-protected. Our proposal provides a means of protection and portability to all taxable property. The Six Basic Points The six basic points addressed by the Boynton Beach City Commission on March 20, 2007 were: 1. Base future property tax legislation on the 2007 base and not on a rollback formula, as this will adversely affect delivery of City services. Tax limitation legislation using the 2007 base must provide a cap methodology that requires extra-ordinary votes to go above the cap. The annual cap should be adjusted based on a logical formula, not just the CPl. The level of service decisions in a community must be vested in the hands of local elected officials. In Boynton Beach's case, our Public Safety costs have exceeded the total receipt of property tax revenue since 2000. This is by choice because we choose to provide this level of service. If the desire is to increase the rate of taxation for residents beyond a certain limitation, this should be allowed by an extra-ordinary vote. In our case, this would require the affirmative vote of four of five elected members of the City Commission. 2. Provide a two-year phase-in of the increase in the homestead exemption from $25,000 to $50,000. This year the exemption would be to $37,500 and the second year to $50,000. The financial impact on Boynton Beach would be a revenue loss of$3.1M. It would be painful, but we could address this over a two-year period, if needed. This would be about $1.6M in cuts for each of the next two years. 3. Endorse legislation for changing the assessment practice from "highest and best use" to current use. While this will have an undetermined negative impact on the City's taxable value, the current practice of basing property value on speculation of what a property would be worth if it were developed is unfair and should be changed. 4. Resist the concept of sales tax increases to serve as replacement revenue. This is a revenue stream that is closely impacted by the economy. ln addition, such replacement revenue could be subject to annual appropriation by the legislature and therefore not guaranteed. This year, as we understand it, the state budget shortfall is approximately $1 Billion due to a drop in sales tax revenues and reduction of document stamp revenues because a very slow real estate market. Increasing the sales tax by 2.5% or two 1 % adjustments merely adds to an already regressive tax that impacts lower income families' more than upper income families. 5. Work with others to support a possible change in how property values are assessed over time and how taxable properties are reported. We believe a methodology of reporting assessment information that smooths the taxable value is essential for all classes of property. 6. Leave the "Save our Homes" but perhaps allow deployment of smoothing oftaxable value to help those who choose to upgrade or downsize their principal place of residence. This could have the impact of a built-in portability mechanism. Our Recommendation to Reduce the Inequity of Property Assessment Practices, Keep the Save Our Homes Constitutional Amendment and Provide a Means of Portability For All Taxable Property Specific to points #5 and #6 above we, offer the following basic scenario for all taxable property in the state: a. Each parcel should have reported taxable value based on the average taxable value of the property over the past three or five years. For property currently covered under the "Save Our Homes" amendment, this would have a negligible downward impact on the taxable value for the property as the statutory "the lesser of 3% or the CPI" would still apply but the averaged or "smoothed" value ofthese properties would be somewhat less. The impact to taxing bodies would be less taxable value being applied from this class of properties as compared with other properties not protected under "Save Our Homes." For commercial, industrial, rental and part-time residential property, the impact of this change would buffer the sharp annual increases in taxable value by averaging the prior four years with the new taxable value coming out in a given year. In this instance, a five-year smoothing would help slow down the increase in taxable value of the property to allow more modest tax impacts. b. If a property is sold, the prior four years of taxable value is factored into the new taxable value based on the sales price. This would apply to all taxable property in the state, regardless of whether it is subject to the "Save Our Homes" provisions. In doing so, for example a family who decides to move into a larger house that has a market value of $400,000 but is a property that has 2 AAfERICA '8 GATEWA Y TO THE GULF8TREA~f been protected from increases because of "Save Our Homes" would have a smoothed assessment based on the prior four years oftaxable value (as held by the former owner) and the one year ofne\\ taxable value based on the sale of the home to the new owner. The new owner would continue to derive value from "Save Our Homes" based on the historic taxable value of the property for at least four more years as the value of the home would be as follows: Year One - Four Years of Prior Years' Taxable Value (old owner) plus one year (new owner) New Taxable Value - averaged = new taxable value. Year Two - Four Years of Prior Years' Taxable Value (three years of old owner taxable value and one year of new owner taxable value) plus New Taxable Value- averaged = new taxable value. Year Three - Four Years of Prior Years' Taxable Value (two years old owner taxable value and two years new owner taxable value) plus New Taxable Value- averaged = new taxable value. Year Four - Four Years of Prior Years' Taxable Value (one year of old owner taxable value and three years of new owner taxable value) plus New Taxable Value- averaged = new taxable value. Year Five - Four Years of Prior Years'Taxable Value (no old owner taxable value and five years of new owner taxable value) = new taxable value. Year Six - Five Years of Prior Year's Taxable Value averaged = new taxable value. (The cycle continues each year - if the property is sold anytime, the prior values are still factored) This scenario would replace the "re-set" of the property value based solely on the market price of the property. Note to the above: If the property were covered under "Save Our Homes", the assessment limitations would still apply. The "break" to the owner who buys the property is being able to take advantage of four years prior value history plus the new taxable value based on the property sale. hence the smoothing benefit. The implication of this process is a built-in portability as suggested in our point #6 above based on the blended taxable value of the property. This would be available to ALL classes of taxable property in the state. In the residential real estate market, this proposal would possibly serve as an incentive for current homeowners to change homes without being hit with huge property tax increases because the increase in the value of their new home would be sheltered with the five-year smoothing process. We realize that this proposal does not cover all variations in property transactions, specifically new homes or buildings. However, there is already a built-in lag time of 18 to 24 months in new construction before the full value of the improved property is reflected in the taxable value of the property. Therefore, owners of new buildings enjoy the services oflocal government without paying full price for these services during this 18 to 24 month lag time. If the Legislature changes the process of assessment from "highest and best use" to "current use" (see point # 3) above the results should be reflected in slower growth of taxable values. AAfERICA '8 GA'T'ETVA r 7YJ 7'IIE GFLF8TREAAI We respectfully request that these ideas be given consideration by members of the Legislature. We don't have all the answers but we are coming forward with ideas that could help create a specific and appropriate dialog about property taxes, property assessments and portability in Florida. Respectfully submitted, Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Mack McCray, City Commissioner Carl McKoy, City Commissioner Ronald Weiland, City Commissioner 4 AAfERICA'8 GATElVA Y TO THE GULF8TREAAf CONSTITUTIONAL AMENDMENT ARTICLE VII, SECTIONS 3, 4, 6, AND 9; ARTICLE XII, SECTION 27 AD VALOREM PROPERTY TAXATION: ASSESSMENTS, EXEMPTIONS, LIMITATIONS, AND HOMESTEADS.-Proposing amendments to the State Constitution to increase the homestead exemption from $25,000 to 75 percent of the just value of the property up to $200,000 and 15 percent of the just value of the property above $200,000 up to $500,000, to subject the $500,000 threshold to annual adjustments based on the percentage change in per capita personal income, to authorize an increase in the $500,000 threshold amount by a two-thirds vote of the Legislature, and to specify minimum homestead exemption amounts of $50,000 for everyone except low-income seniors and $100,000 for low- income seniors; to provide for transitional assessments of homestead property under the increased homestead exemption that include preserving application of Save- Our-Homes provisions until an irrevocable election is made; to revise Save-Our- Homes provisions to conform to provisions providing for the increased homestead exemption and transitional assessments of homestead property; to require the Legislature to limit the authority of counties, municipalities, and special districts to increase ad valorem taxes; to authorize an exemption from ad valorem taxes of no less than $25,000 of assessed value of tangible personal property; to provide for assessing rent-restricted affordable housing property and waterfront property used for commercial fishing, water-dependent activities, and public access at less than just value; and to schedule the amendments to take effect upon approval by the voters and operate retroactively to January 1,2008, if approved in a special election held on January 29, 2008, or shall take effect January 1, 2009, if approved in the general election held in November of 2008. Boynton jumps into tax debate http://palmbeachpost.printthis.clickabi I ity .com/pt/ cpt?acti on=cpt&title=... (!~ PRINTTHIS PalluBeachPost.com @ Click to Print I SAVE THIS I EMAIL THIS I Close By Will Vash . Boynton jumps into tax debate BOYNTON BEACH - City leaders, weary of proposed property-tax reform in Tallahassee that could cost the city millions in revenue, are taking a lead role pushing creative solutions to lessen the blow for municipalities across the state. Browse Specials & Deals From local Dealerships Palm Beach Post Staff Writer Friday, March 30, 2007 Autos PalmBeacbPost.com In a letter this week to legislators, City Manager Kurt Bressner outlined several proposals discussed by commissioners to lighten the impact or at least spread out the revenue loss over-time. "We are proposing that all taxable property be . . based on the average of the past five years of Latest breakl11g news, photos and all of to day's Post stones. ta bl I th th b xa e va ue ra er an a year- y-year approach," Bressner said. "This provides a way to smooth the impact of an increase in the taxable value of a property in any given year, and it also provides a built-in portability without changing the Save Our Homes" provisions. The legislature is considering substantial controls on assessing the taxable value of property, cutting how much local governments can collect in taxes. Property owners asked for relief from rising tax bills during last year's elections, and lawmakers responded this session with proposals that would cut property valuations, replace them with a sales tax and roll back local government budgets. Though lawmakers in Tallahassee are still debating the various proposals, Sen. Jeff Atwater, R-North Palm Beach, said he thought Boynton Beach grasped the real issues. Atwater said he did not know if it would be possible to deploy the smoothing or rolling averages of property valuation included in the proposal, but supports "the concept of looking at a longer-term value of the property than the spikes we've been seeing." The Save Our Homes cap approved by voters in 1992 limits assessment increases to 3 percent a year on homesteaded properties - primary residences - but homeowners lose that protection when they sell. 1 of3 3/30/20077:55 AM Boynton jumps into tax debate http://palmbeachpost.printthis.clickabi I it)' .com/pt! cpt'iaclion=cpt& ti 11 c The city could lose between $12.5 million and $12.8 million if a proposal in the House passes that contains a rollback to 2001 tax-rate levels. Rep. Maria Sachs, O-Oelray Beach, said she hasn't discussed the Boynton Beach proposal with city leaders but favors cutting local government budgets. "We need all government - cities, counties and the state - to roll back their budgets and put in caps," she said Thursday. Mayor Jerry Taylor said it was incumbent on cities to make suggestions to legislators before it was too late. "Whichever way they go, it's going to be an impact on every municipality in this state," Taylor said. "If it's going to happen, we were thinking of ways to make the easiest impacts on the city." Those suggestions include: . Basing future property tax legislation on the 2007 property tax base and not on a rollback formula, which would adversely affect delivery of city services. If the desire is to increase the rate of taxation for residents beyond a certain limit, it should require the support of at least four commission members. . Provide a two-year phase-in of any increase in the $25,000 homestead exemption. The exemption would be $37,500 this year and $50,000 the following year. That would be a $3.4 million loss to Boynton Beach over two years, not one. . Create legislation for changing the assessment practice from highest-and-best use to current use. "While this will have an undetermined negative impact on the city's taxable value," the city's proposal said, "th~ curr~nt practice of basing property value on speculation of what a property would be worth if it 'vvere developed is unfair and should be changed." . Do not use sales-tax increases to serve as replacement revenue, because that revenue stream is heavily affected by the economy. . Leave Save Our Homes but allow smoothing of taxable value to help those who choose to upgrade or downsize their homes. As the Boynton Beach proposals make the rounds in Tallahassee, Bressner said, the city is looking at every program and service it provides to prepare for all scenarios. "There will have to be a service adjustment downward. But we still have to provide a level of acceptable service," Bressner said. "Ultimately that will be a policy decision of the city commission." Find this article at: http://www.palmbeachpost.com/pbcsouth/content/local_news/epaper/2007/03/30/S1C_BBTAXPAPER_0330.html -~-CIi'Ck-'to-p~-1 , Check the box to include the list of links referenced in the article. SAVE THIS I EMAIL THIS I Close 20f3 Ji30!2007 7:55 A\1 VIII.-PUBLIC HEARING 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 D August 21, 2007 August 6, 2007 (Noon.) D D September 4, 2007 August 20, 2007 (Noon) D D September 18, 2007 September 3, 2007 (Noon) D [gJ October 2, 2007 September 17, 2007 (Noon) D Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office October 16, 2007 October 1,2007 (Noon November 7, 2007 October 15,2007 (Noon) November 20, 2007 November 5, 2007 (Noonb -.-J November 19, 2007 (No~ -U December 4,2007 NATURE OF AGENDA ITEM D D D D [gJ N D City Manager's Report ;j D -- New Business -""' [gJ c.n Legal D Unfmished Business 0'. D Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing RECOMMENDATION: Please place this request on the October 2,2007 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board on September 11,2007, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-084. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: Railroad Avenue (ABAN 07-005) Jeff Tomberg 4th Street LLC East of the F.E.C. Railroad between SE 2nd Avenue and SE 4th Avenue (adjacent to 399- 417 SE 4th Street) Request for abandonment of a portion of Railroad Avenue right-of-way approximately 30 feet wide by 484 feet long. DESCRIPTION: PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATI N/A ~C"M' 'So Ity anager sIgnature ent Director :J ~-, --I ::::;-< -<0 (}""'r1 '-CD :-rro :;2-< .........~ ,'r;~ -0 ~-",. ....,,- "T)CD - f'T1 ('"')> ...." ("") ::I: Assistant to City Manager ~ ~ ~!f<<- ~- " Planning and Zoning . ector City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\SE 4th Street & RR ABAN\ABAN 07-005 RR Ave\Agenda Item Request Railroad Ave ABAN 07-005 10-2-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ')~ L-v 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. 07- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF RAILROAD A VENUE RIGHT-OF- WAY APPROXIMATELY 30 FEET WIDE BY 484 FEET LONG, LOCATED EAST OF THE F.E.C. RAILROAD BETWEEN SE2ND AVENUE AND SE 4TH AVENUE (ADJACENT TO 399-417 SE 4TH AVENUE), SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. II I I II WHEREAS, Jeff Tomberg is requesting that the City abandon a 30 feet wide by 484 feet long portion of the Railroad Avenue right-of-way located east of the F.E.C. railroad between Southeast 2nd Avenue and Southeast 4th Avenue (adjacent to 399-417 SE 4th Street). subject to staff comments; and \VHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Community Redevelopment Agency, and City Commission on the proposed abandonment; and ,I I WHEREAS, staff finds that the right-of-way no longer serves a public purpose, and the City Commission adopts that finding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a 30 feet wide by 484 feet long portion of the Railroad Avenue right-of-way located east of the F.E.C. railroad between Southeast 2nd Avenue and Southeast 4th Avenue (adjacent to 399-417 SE 4th Street), subject to staff comments. The property being abandoned is more particularly described as follows: That portion of Railroad A venue being described as bounded on the south by the south line of Lot 6, Block "B" (extended westerly); bounded on the north by the north line of Lot 3, Block "B" (extended westerly); bounded on the east by the west line of Lots 3, 4, 5 and 6, Block "B"; bounded on the west by the east right-of-way line of the Florida East Coast Railroad right-of-way, all as shown by the Plat on S:\C rdlnances\Abandonments\Railroad Avenue.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 Pence Subdivision No.1; as recorded in Plat Book 1, Page 33, of the Public Records of Palm Beach County, Florida. AND That portion of Railroad Avenue being described as bounded on the south by the south line of Lot 6, (extended westerly); bounded on the north by the north line of Lot 5 (extended westerly); bounded on the east by the west line of Lots 5 and 6; bounded on the west by the east right-of-way line of the Florida East Coast Railroad right-of-way, all as shown by the Plat of Sunset Court; as recorded in Plat Book 11, Page 29, of the Public Records of Palm Beach County, Florida. Said lands lying in the city of Boynton Beach, Palm Beach County, Florida, containing approximately 0.33 acre (14,503 square feet) more or less. A location map is attached hereto as Exhibit "A." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this ..2-- day of ,2007. S:IC rdinanceslAbandonmentslRailroad Avenue.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 " 20 I 21 22 II 0" "-'-' 24 25 26 27 SECOND, FINAL READING AND PASSAGE THIS __day of 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: Jal1et 1\1. Prainito, City Clerk (Corporate Seal) S:\CA rdinances\Abandonments\Railroad Avenue.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a 30 feet wide by 484 feet long portion of the Railroad Avenue right-of-way located east of the F.E.C. railroad between Southeast 2nd Avenue and Southeast 4th Avenue (adjacent to 399-417 SE 4th Street), subject to staff comments. The property being abandoned is more particularly described as follows: That portion of Railroad Avenue being described as bounded on the south by the south line of Lot 6, Block "B" (extended westerly); bounded on the north by the north line of Lot 3, Block "B" (extended westerly); bounded on the east by the west line of Lots 3, 4, 5 and 6, Block "B"; bounded on the west by the east right- of-way line of the Florida East Coast Railroad right-of-way, all as shown by the Plat on Pence Subdivision No.1; as recorded in Plat Book 1, Page 33, of the Public Records of Palm Beach County, Florida. AND That portion of Railroad A venue being described as bounded on the south by the south line of Lot 6, (extended westerly); bounded on the north by the north line of Lot 5 (extended westerly); bounded on the east by the west line of Lots 5 and 6; bounded on the west by the east right-of-way line of the Florida East Coast Railroad right-of-way, all as shown by the Plat of Sunset Court; as recorded in Plat Book 11, Page 29, of the Public Records of Palm Beach County, Florida. Said lands lying in the city of Boynton Beach, Palm Beach County, Florida, containing approximately 0.33 acre (14,503 square feet) more or less. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ day of ATTEST: ,2007. CITY OF BOYNTON BEACH, FLORIDA Janet M. Prainito City Clerk Kurt Bressner, City Manager S:ICA IOrdi nanceslAbandonmentslRailroad Avenue .doc STATE OF FLORIDA )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this ~__ day of ,2007. NOTARY PUBLIC, State of Florida My Commission Expires: S :\CA \Ordi nances\Aba ndon ments\Ra i I road A ven ue. doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 07-084 THRU: Chair and Members Community Redevelopment Agency Board Michael W. Rump~N?' Planning and Zoning Director TO: FROM: Kathleen Zeitler /(7.., Planner DATE: September 4, 2007 SUBJECT: Abandonment of a segment of the 30-foot right-of-way of Railroad Avenue (adjacent to 399 - 417 SE 4th Street) ABAN 07-005 NATURE OF REOUEST Mr. Jeff Tomberg, agent for 4th Street LLC, is requesting to abandon a portion of Railroad Avenue, an unimproved 3D-foot right-of-way, located between SE 2nd Avenue and SE 4th Avenue. The applicant has assembled several oarcels in the area and is considering future development of a residential project. This unimproved right-of-way is :tuated adjacent to six (6) parcels _of land to the east (all owned by 4th Street LLC) and the Florida East Coast (FEC) Railroad to the west. The platted right-of-way subject to this specific request is 30 feet wide and approximately 483.46 feet long. It is described as follows: That portion of Railroad Avenue being described as bounded on the south by the south line of Lot 6, Block "B" (extended westerly); bounded on the north by the north line of Lot 3, Block "B" (extended westerly); bounded on the east by the west line of Lots 3, 4, 5, and 6, Block "B"; bounded on the west by the east right-of-way line of the Florida East Coast Railroad right-of-way, all as shown by the Plat on Pence Subdivision No.1; as recorded in Plat Book 1, Page 33, of the Public Records of Palm Beach County, Florida. And That portion of Railroad Avenue being described as bounded on the south by the south line of Lot 6 (extended westerly); bounded on the north by the north line of Lot 5 (extended westerly); bounded on the east by the west line of Lots 5 and 6; bounded on the west by the east right-of-way line of the Florida East Coast Railroad right-of-way, all as shown by the Plat of Sunset Court; as recorded in Plat Book 11, Page 29, of the Public Records of Palm Beach County, Florida; said described property consisting of approximately 14,503 square feet .or 0.33 acre. The subject portion of the 30-foot wide right-of-way was platted as Railroad Avenue and lies within the boundaries of the Pence Subdivision No.1 Plat. The approved plat was recorded in Plat Book 1, Page 33 on March 25, 1910. Typically a reversionary clause in the dedication of the plat dedicates to the perpetual use of the public the public highways, streets, avenues, boulevards, and alleys shown on the plat, and reserves unto itself, its successors and gal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by law. The City makes no representation regarding the impact of the reversionary language on title to the adjacent properties. Page 2 Memorandum No. PZ 07-084 ABAN 07-005 Re-development or expansion of the adjacent property following abandonment requires the property owner to establish proof of clear title as a condition of re-development or expansion. The applicants have submitted a copy of a title opinion (ownership and encumbrance report) for the subject property stating that the property adjacent to the portion of Railroad Avenue to be abandoned is owned by the applicant and that the properties are currently free and clear, and such abandonment of the property under public domain will not prevent other property owners from access to and from their property, and no other property owners will be adversely affected by the abandonment. Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"- "Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a description of the land uses and zoning districts of all properties that surround the subject right-of-way. North - Unimproved Right-of-way for Railroad Avenue; and to the Northeast 301 SE 4th Street, zoned Community Commercial (C-3); South - Unimproved Right-of-way for Railroad Avenue; and to the southeast a vacant parcel at 513 SE 4th Street, zoned Community Commercial (C-3); East Several parcels (399-416 SE 4th Street), including vacant commercial and multi-family residential uses, zoned Community Commercial (C-3); and Right-of-way for SE 4th Avenue; and, West - Right-of-way for the FEC Railroad, then farther west are single-family residences zoned R-1A (Single-family Residential). BACKGROUND The subject abandonment request is for a segment of the 3D-foot unimproved Railroad Avenue right-of-way that extends a distance of approximately 484 feet in the area of SE 4th Avenue. That segment of Railroad Avenue, located immediately south of the subject right-of-way, was previously abandoned to the properties to the east (513 and 515 SE 4th Street) in October of 1994, by Resolution 94-171. In addition, a segment of unimproved Railroad Avenue right-of-way running south to SE 5th Avenue was abandoned to the property to the east (415 SE 5th Avenue) in July of 2005, by Ordinance 05-030. ANALYSIS When a right-of-way, such as this unimproved roadway, is abandoned, the ownership of the abandoned land is transferred from the City of Boynton Beach to the abutting property owner(s). Typically, abandoned property is divided in half, with fifty percent (50%) of the property transferred to the owner of each adjacent real property. The applicant requesting this abandonment is the owner of all of the affected properties to the east and the FEC Railway right-of-way lies immediately to the west of the property to be abandoned. Per the Palm Beach County Property Appraiser's Mapping & GIS Department, a right-of-way is not considered to be real property to which a portion of abandoned property can be transferred. In addition, property to be abandoned, when located in a platted subdivision, must remain within the boundaries of the plat. The subject Railroad Avenue is part of the plat; however, the FEC Railway right-of-way pre-dates the plat, and is included on the plat only as an existing right-of- way adjacent to the boundaries of the plat. Therefore, the entire width (30 feet) of the abandoned property would be transferred to the applicant in accordance with standard procedures conducted by the County's Prope~ Appraiser's office. Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land Development Regulations, All public utility companies have been notified and the abandonment request has been advertised in the local newspaper. Page 3 Memorandum No. PZ 07-084 ABAN 07-005 r\ summary of the responses from the utility companies and city staff is noted as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works / Utilities Planning and Zoning Approval with conditions (see Exhibit "C" - Conditions of Approval) No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light BellSouth Florida Public Utilities Co. Cable (Adelphia/Comcast) No objection Approval with conditions (see Exhibit "C" - Conditions of Approval) No objection No objection Excluding BellSouth, all public utility providers have indicated that they have no objection to the applicant's request for abandonment. Both the Engineering Division and Bellsouth are requiring conditions of approval which must be satisfied prior to future development of the applicant's property. Both the Engineering Division and Bellsouth would "ave no objection to the proposed abandonment upon compliance with their specific conditions of approval. RECOMMENDATION Staff has determined that the subject right-of-way no longer serves a public purpose, and therefore is recommending approval of the request to abandon the 3D-foot unimproved roadway as described above, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\SE 4th Avenue ABAN\ABAN 07-005 RR Ave\Staff Report.doc Exhibit "A" - Location Map ABAN 07-004, ABAN 07-005 SE 3RDAVENUE 40 20 0 r""l--_ 40 80 120 160 I Feet I- W w IX: I- en :I: I- ~ W en N W.E S Joseph M. Tucker. P.LS. _EXHIBIT "B" BOUNDARY SURVEYS MORTGAGE SURVEYS CONSTRUCTION LAYOUT 219 S.E. 23rd AVENUE - P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435 BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734~7546 PORTION OF RAILROAD A VENUE AND S.E. 4 TH. AVENUE TO BE ABANDONED A PORTION OF RAILROAD AVENUE, AS RECORDED BY PENCE SUBDIVISION NO.1, IN PLAT BOOK 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF S.E. 4 TH. AVENUE, AS RECORDED BY THE PLAT SUNSET COURT, IN PLAT BOOK 11, PAGE 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LANDS TO BE ABANDONED ARE DESCRIBED AS FOLLOWS; THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF LOT 6, BLOCK "B", (EXTENDEDWESTERL Y); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 3, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 3,4, 5, AND 6, BLOCK "B", BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY THE PLAT OF PENCE SUBDIVISION NO.1; AS RECORDED IN PLAT BOOK 1 , PAGE 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORlDA. AND THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF LOT 6, (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 5, (EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 5, AND 6, BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LTh'E OF THE FLORIDA EAST <;::OAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY THE PLA T OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Al'~'D THAT PORTION OF S.E. 4 TH. AVENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOT 6 AND 7; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 4 AND 5; BOUNDED ON THE EAST BY THE EAST LINE OF LOTS 4, AND 7, (EXTENDED); BOUNDED ON THE WEST BY THE EAST RIGHT OF,WA.Y LINE OF RAILROAD A VENUE, ALL AS SHOWN BY THE PLAT OF SUNSET COURT; AS RECORDED IN PLA TBOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. S. <!!'ef / 0 f' c LB 2102 . Joe Tucker I HEREBY CERTIFY THAT THE DESCRlPTION AND THE AITACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER61G176,FLORIDAAPMINISTRATIVE CODE, SETFORTH, BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANt TO SECTION 472;027, FLORIDA i STATIITES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, TIllS DRAWING, SKETCH, AT OR MAP IS FOR INFORMATION PURPOSES ONI.. Y AND IS NOT VALID . NOTE: TIllS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS OF JHE DESCRIPTION SHOWN HEREON, TIlERE HAS BEEN NO FIELD WORK VJEWING OF TIlE SUBJECT PROPERlY, ORMONUMENTS SET IN CONNECTION. . wrrn TIffi PREPARATION OF TIllS INFORMATION SHOWN HEREON. NOTE: LANDS SHOVlN HEREON WERE NOT ABSTRACTED BY THE SURVEYOR FOR RlGHrS OF WAYS, EASENIENTS OR RESERVATIONS OF RECORD Phons: 'Boca (561) 391-4388 Boynton (561) 737-6546 FAX (561) 734-7546 JOSEPH M. TUCKER. P.LS. 219 S.E.23rdAve.- P.O. Box 759 Boynton Beach, FL 33435 EXHIBIT "e" Conditions of Approval Project Name: Abandonment ofa segment ofthe 30-foot right-of-way of Railroad Avenue File Number: ABAN 07-005 DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES -- Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. The abandonment of this 30-foot unimproved right-of-way (Railroad X Avenue) shall be so designated on a required new boundary plat prior to the issuance of a Land Development permit for future development of the property. .., As required after site plan approval, the proposed new development shall X "-. generate and submit a boundary record plat (as a minirnum) to reflect the area contained therein, the easernents for utilities and storm drainage systems, the abandonment(s) of right-of-ways (after action by the City Commission via ordinances), L.A.E. 's, access location(s), etc. BUILDING DIVISION Comments: None X PARKS AND RECREATION i Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None I X I Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: None X PUBLIC UTILITY PROVIDERS Comments: 3. Should there be any relocation or adjustments of Bellsouth's facilities X associated with this project, those costs would be the responsibility of the property owner. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHAREO\WP\PROJECTS\5E 4'1li Street & RR ABAN\ABAN 07~005 RR Ave\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Railroad Avenue Abandonment (ABAN 07-005) Mr. Jeff Tomberg for 4th Street LLC 626 SE 4th Street, Boynton Beach, FL 33435 APPLICANT'S AGENT: AGENT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2007 TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 30-foot right-of-way of Railroad Avenue LOCATION OF PROPERTY: West of SE 4th Street, between SE 2nd Avenue and SE 4th Avenue 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\WPIPROJECTSISE 4th Street & RR ABAN\ABAN 07-005 RR Ave\DO.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 11,2007 Vote Vice Chair Rodriguez seconded the motion that passed unanimously. B. Railroad Avenue Abandonment DESCRIPTION: Railroad Avenue (ABAN 07-005) Jeff Tomberg 4TH Street LLC East of the F.E.C. Railroad between SE 2nd Avenue and SE 2nd Avenue and SE 4th Avenue (adjacent to 399-417 SE 4th Street) Request for abandonment of a portion of Railroad Avenue right-of-way approximately 30 feet wide by 484 feet long 1. PROJECf: AGENT: OWNER: LOCATION: Ms. Zeitler advised the applicant, 4th Street LLC, requested the abandonment of a 30 foot right-of-way on Railroad Avenue. The property was unimproved, was 30 feet wide by 483 feet long, and was -located adjacent to the FEC Railroad. Applicant had submitted a copy of the title opinion, met all the requirements, received comments from City staff and public utility companies. Excluding BellSouth and the Engineering Division, all public utility providers had indicated they had no objection to the applicant's request. Both the Engineering Division and BellSouth required conditions of approval, and applicant would ensure the conditions of approval were satisfied prior to any future development of the property. Mr. Tomberg advised, if the property were to be abandoned, half would go to 4th Street LLC and the other half to the FEC Railroad. Applicant contacted both parties and provided notice of the hearing. He contended the City previously abandoned two parcels to the south of the property in question. Chair Taylor opened the floor for public hearing. Cheryl Meadows, 419 SE 4th Street, expressed dissatisfaction with the condition of the easement, which was littered with empty beer cans and trash, and also noted concerns as to the manner in which the property would be utilized. Board discussion ensued as to responsibility for cleaning up the right-of-way. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 11, 2007 Jeff Tomberg, agent for 4th Street LLC, indicated the trash referred to by Ms. Meadows, was located in the abandoned area. He pointed out, upon abandonment of the right-of-way, the property would become the responsibility of the applicant, and the applicant would work with Code to ensure all problems were remedied. The board requested staff endeavor to clear the property. Motion Mr. Weiland moved to approve Item B, under New Business. Vice Chair Rodriguez seconded the motion that passed unanimously. IX. Pulled Consent Agenda Items A. Approval of the Minutes - eRA Board Meeting - August 14/ 2007 Mr. Weiland requested clarification as to the status of Rufus Ribs, and whether they could utilize the existing location as well as a second location. Chair Tayior explained Rufus Ribs would be permitted to do so, provided they could comply with the stipulations set forth in the new regulations for mobile vendors. There was some question as to whether two units would fit on their property. Rufus Ribs believed the property was large enough to accommodate the two units; but they would still be required to comply with the regulations. Mr. Weiland understood Rufus Ribs could either work out of the building itself or out of the cart, but not both. Lisa Bright, eRA Executive Director, concurred with Mr. Weiland, adding there was a problem with the proximity of the kitchen versus the cooker, and Rufus Ribs had, therefore, considered purchasing a special cooker, in order to have a solidified unit in one spot. Motion Mr. Weiland moved to approve the minutes of August 14, 2007. Vice Chair Rodriguez seconded the motion that passed unanimously. X. Old Business: A. Approval of CRA Marina Dockage Agreement and Rental Rates for FY 2007-2008 (Tabled from August 14, 2007 meeting) 7 VIII.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Tumed in to City Clerk's Office c=J August21,2007 D September 4, 2007 D September 18, 2007 [gJ October 2, 2007 August 6,2007 (Noon.) D October 16, 2007 August 20,2007 (Noon) D November 7, 2007 September 3, 2007 (Noon) D November 20, 2007 Septernber 17, 2007 (Noon) D December 4, 2007 October 1,2007 (Noon October 15, 2007 (No~ (/) November 5, 2007 (No~ November 19, 2007 (N~) -0 - ~ NATURE OF AGENDA ITEM D Announcements/Presentations D Administrative D Consent Agenda D Code Compliance & Legal Settlements [gJ Public Hearing D City Manager's Report <?1 D New Business C7\ [gJ Legal D Unfinished Business o RECOMMENDATION: Please place this request on the October 2,2007 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board on September 11,2007, recommended that the request be approved with the additional condition that the adjacent property owned by the applicant, be cleared ofth-e burned structure within 90 days from the date ofCRA action. For further details pertaining to this request, see attached Department Memorandum No. 07-085. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: SE 4th Avenue (ABAN 07-004) Jeff Tomberg 4th Street LLC Between Railroad Avenue and SE 4th Street (adjacent to 416-417 SE 4th Avenue) Request for abandonment of the west one-half of SE 4th Avenue right-of-way located east of Railroad Avenue, approximately 20 feet wide by 122 feet long. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES' N/A '"1 ity Manager's Signature ~ Assistant to City Manager .~ Planning and Z' . g Director City Attorney / Finance S :IPlanning\SHARED\ WPIPROJ CTSISE 4th Street & RR ABAN\ABAN 07 -004 SE 4th A ve\Agenda Item Request SE 4th Ave ABAN 07-004 10-2- 07.doc .,.,.,. ~J' ~ S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,..,,.., LL ')') Lv 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 : I , I ORDINANCE NO. 07- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF THE WEST ONE-HALF OF SE 4TH AVENUE, A 20 FOOT WIDE BY 122 FOOT LONG RIGHT-OF-WAY, LOCATED BETWEEN RAILROAD AVENUE AND SE 4TH STREET, SUBJECT TO STAFF COMMENTS~ AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA~ AND PROVIDING AN EFFECTIVE DATE. I I II WHEREAS, Jeff Tomberg is requesting that the City abandon a 20 foot wide by ] 22 foot long right-of-way located between Railroad Avenue and Southeast 4th Street (adjacent to 416-417 SE 4th Avenue), subject to staff comments; and II WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Community Redevelopment Agency, and the City Commission on the proposed abandonment; and WHEREAS, staff finds that the right-of-way no longer serves a public purpose, and the City Commission adopts that finding. II NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a 20 foot wide by 122 foot long right-of-way located between Railroad Avenue and Southeast 4th Street (adjacent to 416-417 SE 4th Avenue), subject to staff comments. The property being abandoned is more particularly described as follows: That portion of SE 4th A venue being described as bounded on the south by the north line of Lot 6 and 7; bounded on the north by the south line of Lot 4 and 5: bounded on the east by the east line of Lots 4 and 7 (extended); bounded on the west by the east right-of-way line of Railroad Avenue, all as shown by the Plat of Sunset Court; as recorded in Plat Book 11, Page 29, of the Public Records of Palm Beach County, Florida. S:\CA rdlnances\Abandonments\SE 4th Avenue.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 Said lands lying in the city of Boynton Beach, Palm Beach County, Florida, containing approximately 0.06 acre (2,448 square feet) more or less. A location map is attached hereto as Exhibit "A." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this _ day of ,2007. SECOND, FINAL READING AND PASSAGE THIS _day of 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor II Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: Janet M. Prainito, City Clerk (Corporate Seal) S:ICA rdinanceslAbandonmentslSE 4th Avenue.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a 20 foot wide by 122 foot long right-of- way located between Railroad Avenue and Southeast 4th Street (adjacent to 416-4] 7 SE 4th Avenue), subject to staff comments. The property being abandoned is more particularly described as follows: That portion of SE 4th Avenue being described as bounded on the south by the north line of Lot 6 and 7; bounded on the north by the south line of Lot 4 and 5; bounded on the east by the east line of Lots 4 and 7 (extended); bounded on the west by the east right-of-way line of Railroad Avenue, all as shown by the Plat of Sunset Court; as recorded in Plat Book 11, Page 29, of the Public Records of Palm Beach County, Florida. Said lands lying in the city of Boynton Beach, Palm Beach County, Florida, containing approximately 0.06 acre (2,448 square feet) more or less. TN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2007. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet M. Prainito Kurt Bressner, City Manager City Clerk ST ATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed S:ICAIOrdlnanceslAbandonmentslSE 4th Avenue.doc thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this ,2007. day of NOTARY PUBLIC, State of Florida My Commission Expires: S:ICAIOrdinanceslAbandonmentslSE 4th Avenue.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-085 TO: Chair and Members Community Redeve,W Agency Board Michael W. Rumpf 1 ... Planning and Zoning Director THRU: FROM: Kathleen Zeitler t2-- Planner DATE: September 4, 2007 SUBJECT: Abandonment of a segment of SE 4th Avenue (adjacent to 416-417 SE 4th Avenue) ABAN 07-004 NATURE OF REOUEST Mr. Jeff Tomberg, agent for 4th Street LLC, is requesting to abandon a portion of an improved 20-foot right-of-way (SE 4th Avenue), located between SE 4th Street and Railroad Avenue. The applicant has assembled several parcels in the area and is considering future development of a residential project. The portion of right-of-way to bp abandoned is situated adjacent to two (2) parcels of land located on the west half of SE 4th Avenue, east of Railro, Avenue. The platted right-of-way subJect to this specific request is 20 feet wide and approximately 122 feet long. It is described as follows: That portion of SE 4th Avenue being described as bounded on the south by the north line of Lot 6 and 7; bounded on the north by the south line of Lot 4 and 5; bounded on the east by the east line of Lots 4 and 7 (extended); bounded on the west by the east right of way line of Railroad Avenue, all as shown by the Plat of Sunset Court; as recorded in Plat Book 11, Page 29, of the Public Records of Palm Beach County, Florida; said described property consisting of approximately 2,448 square feet or 0.06 acre. The subject portion of the 20 foot wide right-of-way was originally platted as Sunset Way and lies within the boundaries of the Sunset Court Plat. The approved plat was recorded in Plat Book 11, Page 29 on February 25, 1925. The plat contains a reversionary clause in the dedication, which states "does hereby dedicate to the perpetual use of the public as public highways, the streets, avenues, boulevards, and alleys as shown hereon, reserving however unto itself, its successors and legal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by law". The City makes no representation regarding the impact of the reversionary language on title to the adjacent properties. Re-development or expansion of the adjacent property following abandonment requires the property owner to establish proof of clear title as a condition of re-development or expansion. The applicants have submitted a copy of a title opinion (ownership and encumbrance report) for the subject property stating that the property adjacent to the portion of SE 4th Avenue to be abandoned is owned by the applicant and that the properties are currently free and clear, and such abandonment of the property under public domain will not prevent other property owners from access to and from their property, and no other property owners will be adversely affected by the abandon men Attached as Exhibit "A" is a location map that shows the general vicinity of the right-of-way to be abandoned, and Exhibit "8", the legal description of the area to be abandoned. The following is a description of the land uses and zoning districts of all properties that surround the SE 4th Avenue right-of-way: Page 2 Memorandum No. PZ 07-085 '\BAN 07-004 East 417 SE 4th Avenue (combined Lots 4 and 5, Sunset Court) consisting of a vacant commercial parcel zoned Community Commercial (C-3); 416 SE 4th Avenue (combined Lots 6 and 7, Sunset Court) consisting of an occupied single- family residence zoned Community Commercial (C-3); The eastern one-half of SE 4th Avenue right-of-way, and adjacent occupied single-family residences (419 and 421 SE 4th Avenue) zoned Community Commercial (C-3); and, North - South - West - Right-of-way (unimproved) for Railroad Avenue, and farther west the Florida East Coast Railroad right-of-way. BACKGROUND The subject abandonment request is for the western segment of the 20-foot improved SE 4th Avenue right-of-way that extends a distance of approximately 122 feet in the area between Railroad Avenue and SE 4th Street. The applicant is also requesting simultaneous abandonment of a segment of Railroad Avenue (see staff report for ABAN 07-005). Other nearby portions of Railroad Avenue were previously abandoned in October of 1994 (Resolution 94- 171) and July of 2005, (Ordinance 05-030). ANALYSIS 'hen a right-of-way, such as SE 4th Avenue, is abandoned, the ownership of the abandoned land is transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected by an abandonment request. One-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property owner. The applicant requesting this abandonment is the owner of all of the affected properties to the north and south of the segment to be abandoned. Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised in the local newspaper. A summary of the responses from the utility companies and city staff is noted as follows: CITY DEPARTMENTSI DIVISIONS Engineering Public Works / Utilities Planning and Zoning Approval with conditions (see Exhibit "C"- Conditions of Approval) No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light BellSouth Florida Public Utilities Co. Cable (Adelphia/Comcast) No objection Approval with conditions (see Exhibit "c" - Conditions of Approval) No objection No objection Excluding BellSouth, all public utility providers have indicated that they have no objection to the applicant's request for abandonment. Both the Engineering Division and Bellsouth are requiring conditions of approval which must be satisfied prior to future development of the applicant's property. Both the Engineering Division and Bellsouth would Page 3 Memorandum No. PZ 07-085 ABAN 07-004 have no objection to the proposed abandonment upon compliance with their specific conditions of approval which include relocation, at the applicant's expense, of existing utilities currently located within the right-of-way to be abandoned, and the establishment of a 10 foot utility easement for Bellsouth. It must be noted that city utility lines are currently located within the segment of the subject right-of-way to be abandoned. Therefore, Engineering Division comments require that the existing utilities within the right-of-way be relocated subject to approval by the Utilities Department and at the applicant's expense. Existing utilities in the eastern segment of SE 4th Avenue will remain in place to serve adjacent properties. Lastly, the subject right-of-way terminates to the west of developed property preventing future extension of this right-of-way. There are also no isolated parcels adjacent to the subject right-of-way which would rely solely upon this street for access. RECOMMENDATION Staff has determined that the western segment of SE 4th Avenue right-of-way to be abandoned would no longer serve a public purpose under the current plan for land assemblage and alternative access to the adjacent parcels. The proposed abandonment would not adversely affect any neighboring properties along SE 4th Avenue regarding continuation of their utility services and access to their property. Therefore, based on the above findings, staff is recommending approval of the request to abandon the portion of the 20-foot improved roadway as described above, subject to the comments included in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\SE 4th Avenue ABAN\ABAN 07-004 SE 4th Ave\Staff Report.doc Exhibit "A" - Location Map ABAN 07-004, ABAN 07-005 40 20 0 r-'--_ 40 80 120 160 I Feet .... w w 0:: .... tn :I: .... "'l:t W tn N w4tE S J03eph M. Tueker. P.LS. EXHIBIT "B" BOUNDARY SURVEYS MOFlTCiAGE SURVEYS CONST.RUCilCN :..AYOUT 219 S.E. 23rd AVENUE o' P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435 BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734:7546 PORTION OF RAILROAD A VENUE AND S.E. 4 TH. A VENUE TO BE ABANDONED A PORTION OF RAILROAD A VENUE, AS RECORDED BY PENCE SUBDIVISION NO.1, IN PLAT BOOK 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF S.E. 4 TH. A VENUE, AS RECORDED BY THE PLAT SUNSET COURT, IN PLAT BOOK II, PAGE 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LANDS TO BE ABANDONED ARE DESCRIBED AS FOLLOWS; THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF LOT 6, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 3,BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 3, 4, 5, AND 6, BLOCK "8", BOUNDED ON THE \VEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY THE PLAT OF PENCE SUBDIVISION NO, 1; AS RECORDED IN PLAT BOOK 1, PAGE 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF LOT 6, (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 5, (EXTENDED WESTERL'i); BOlJNDED ON THE EAST BY T&e WEST LINE OF LOTS 5, AND 6, BOUNDED ON THE WEST BY nr EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY Th PLA T OF SUNSET COURT; AS RECORDED IN PLA T BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND THAT PORTION OF S.E. 4 TH. A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOT 6 AND 7; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 4 AND 5; BOUNDED ON THE EAST BY THE EAST LINE OF LOTS 4, AND 7, (EXTENDED); BOUNDED ON THE WEST BY THE EAST RIGHT OF,WAY LINE OF RAILROAD A VENUE, ALL AS SHOWN BY THE PLAT OF SUNSET COURT; AS RECORDED IN PLAYBOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. I HEREBY CERTIFY TIIAT THE DESCRIPTION AND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAP1ER 61 G176, FLORIDA ADMINISTRATIVE CODE, SET FORTH l BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA . STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE ' SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, TIllS DRAWING, SKETCH, P AT OR MAP IS FO:R. INFORMATION PURPOSES O~ Y AND IS NOT VALID BY; ~. :~ 5. ~ef- / of' 2 }0SJ H . TUCKE DATE I os; 117 ROOISTERED L SURVEYO NO. 3285 LB 2102 . STATE OF FLORIDA . NOTE: TIIIS IS NOT A SKETCH OF SUR VEl', BUT ONL I' A GRAPHIC DEPICTIONS OF TIffi DESCRIPTION SHOWN HEREON, THERE HAS BEEN NO FIELD WORK VIEWING OF THE SUBJECT PROPERTY, ORMONUMENTS SET IN CONN"'ECTION. WITH THE PREPARATION OF TIilS INFORMA.TION SHOWN HEREON. Joe Tucker NOTE: LMl)S SHOW'"N HEREON WERE NOT ABSTRACTED BY THE SUR VEYOR 1 FOR RlGIITS OF WAYS, E.A.SE1vlENTS OR RESERVATIONS OF RECORD Phone: -Boca (561) 391-4388 Boynton (561) 737-6546 FAX (561) 7~-7546 JOSEPH M. TUCKER, P,L.S. 219 S.E. 23rd Ave. 0 P.O. Box 759 Boynton Beach. FL 33435 EXHIBIT "C" Conditions of Approval Project Name: Abandonment of a segment of the 20-foot right-of-way of SE 4th A venue File Number: ABAN 07-004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X POLICE Comments: None X - ENGINEERING DIVISION Comments: 1. All existing city utilities (water and wastewater conduits) must be relocated X ifit is the intent to continue their functional purposes in S.E. 4th Avenue, or abandoned (and agreed to by the Utilities Department). 2. All utility services within this project shall be relocated at the applicant's X cost. This is reflected in the projected right-of-way for conceptual S.E. 3rd A venue which has electrical service. 3. The abandonment of this 20-foot street right-of-way (S.E. 4th Avenue) shall X be so designated on a required new boundary plat prior to the issuance of a Land Development permit for future development of the property. 4. As required after site plan approval, the proposed new developrnent shall X generate and submit a boundary record plat (as a minimum) to reflect the area contained therein, the easernents for utilities and storm drainage systems, the abandonment(s) of right-of-ways (after action by the City Commission via ordinances), L.A.E. 's, access location(s), etc. BUILDING DIVISION Comments: None X Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING ----- Comments: None X PUBLIC UTILITY PROVIDERS Comments: There shall be two (2) four-inch (4") Schedule-40 PYC conduits required to , I 5. X be installed along the northernmost ten-feet (10') of the current right-of-way I of Southeast 4th A venue, between Southeast 4th Street and westerly to the ! Florida East Coast Railroad right-of-way. I /I I I I 6. The above-mentioned ten-feet (10') shan be recorded and delivered to X I .~ Bellsouth Telecommunications, Inc. as a utility easement. I 7. Should there be any relocation or adjustments of Bellsouth' s facilities X associated with this project, those costs would be the responsibility of the property owner. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD I CONDITIONS Comments: I 8. Remove burned structure on adjacent property within 90 days from the date X , I of CRA action. ADDITIONAL CITY COMMISSION CONDITIONS I Comments: --r-----~ To be determined. I S:IPlanning\SHARED\WP\PROJECTS\SE 4TH Street & RR ABAN\ABAN 07-004 SE 4'1 Ave\CQA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: SE 4th Avenue Abandonment (ABAN 07-004) AGENT'S ADDRESS: Mr. Jeff Tomberg for 4th Street LLC 626 SE 4th Street, Boynton Beach, FL 33435 APPLICANT'S AGENT: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2007 TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 20-foot right-of-way of SE 4th Avenue LOCATION OF PROPERTY: West of Railroad Avenue and East of SE 4th Street 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\SHAREDlWP\PROJECTS\SE 4th Street & RR ABAN\ABAN 07-045 SE 4th Ave\DO.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 11, 2007 New Business: A. SE 4th Avenue Abandonment DESCRIPTION: SE 4th Avenue (ABAN 07-004) Jeff Tomberg 4th Street LLC Between Railroad Avenue and SE 4th Street (adjacent to 416-417 SE 4th Avenue) Request for abandonment of the west one- half of SE 4th Avenue right-of-way located east of Railroad Avenue, approximately 20 feet wide by 122 feet long 1. PROJECT: AGENT: OWNER: LOCATION: Kathleen Zeitler, City Planner, informed the board the applicant was requesting to abandon a portion of the improved 20-foot right-of-way for SE 4th Avenue, the western half of the road, which was located between SE 4th Street and Railroad Avenue. The applicant submitted ownership and encumbrance reports and met all notice requirements to the public and utility providers. Previous requests for abandonment in the area had been approved. All utility providers, excluding BellSouth, indicated they had no objection to the abandonment. The Engineering Division and BellSouth required conditions of approval, which must be satisfied prior to future development of the applicant's property. The applicant had agreed to the conditions of approval, at the applicant's expense, which included relocation of the existing utilities, and the establishment of a 10-foot utility easement for BellSouth. Staff reviewed the request and recommended approval with the conditions. Jeff Tomberg, representing 4th Street LLC, advised the right-of-way to be abandoned currently served no purpose under the current plan for land assemblage. Fourth Street LLC owned the property on both sides of the right-of-way, and would be the only party to be affected. Applicant would meet the conditions set forth by staff. Chair Taylor opened the public hearing. Dennis Meadows, 419 SE 4th Street, commented he owned the lot in the back where the road would be abandoned. He was desirous of seeing a plan before the property was abandoned and expressed concern as to the manner in which the property would be used. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 11, 2007 Chair Taylor explained the abandonment was merely being discussed at this point, and would be required to come back before the board for additional hearings and for approval. Board discussion ensued regarding the monetary value of the property, and whether deed restrictions were necessary. Ms. Zeitler replied she was not aware of any monetary value for which the City or CRA would be reimbursed if the right-of-way were to be abandoned. If the right-of-way were to be abandoned for private development, it would be listed on the tax rolls and the City would benefit from the tax value. Attorney Doody opined an abandonment process did not necessarily entail the conveyance of title. The process could be effectuated through the adoption of a resolution, which would represent the board's actions of abandonment. There would be no deed or instrument recorded, other than the resolution. Accordingly, no deed restrictions would be imposed on the property. Under Florida law, in terms of abandonment, if one were to take a line down the center of the property, the title would revert to the adjoining property owners. Mr. Tomberg pointed out the applicant owned the property surrounding the street, and the street had not been used for any purpose. BellSouth was the only known utility, and the applicant was well aware of BellSouth's requirements. As to the proposed project, the applicant had been in discussions with CRA staff regarding zoning and land use requirements. Attorney Doody indicated the right-of-way was in favor of the City and not the CRA. As such, any action taken by this board would serve as a recommendation to the City. It was his understanding the City would address this item at a later date. Mr. Tomburg advised the property in question was vacant land. The north side of the property was torn down approximately six years ago and on the south side, the existing structure was recently burned down as part of a demonstration by the Boynton Beach Fire Department. He contended the property was in the process of being cleared of debris. Motion Mr. Weiland moved to approve abandoning the rights-of-way, with the condition that the property would be cleaned up within three months. Mr. Tomberg agreed, on behalf of the applicant, to the conditions imposed 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL September 11, 2007 Vote Vice Chair Rodriguez seconded the motion that passed unanimously. B. Railroad Avenue Abandonment DESCRIPTION: Railroad Avenue (ABAN 07-005) Jeff Tomberg 4TH Street LLC East of the F.E.C. Railroad between SE 2nd Avenue and SE 2nd Avenue and SE 4th Avenue (adjacent to 399-417 SE 4th Street) Request for abandonment of a portion of Railroad Avenue right-of-way approximately 30 feet wide by 484 feet long 1. PROJECT: AGENT: OWNER: LOCATION: Ms. Zeitler advised the applicant, 4th Street LLC, requested the abandonment of a 30 foot right-of-way on Railroad Avenue. The property was unimproved, was 30 feet wide by 483 feet long, and was located adjacent to the FEC Railroad. Applicant had submitted a copy of the title opinion, met all the requirements, received comments from City staff and public utility companies. Excluding BellSouth and the Engineering Division, all public utility providers had indicated they had no objection to the applicant's request. Both the Engineering Division and BellSouth required conditions of approval, and applicant would ensure the conditions of approval were satisfied prior to any future development of the property. Mr. Tomberg advised, if the property were to be abandoned, half would go to 4th Street LLC and the other half to the FEC Railroad. Applicant contacted both parties and provided notice of the hearing. He contended the City previously abandoned two parcels to the south of the property in question. Chair Taylor opened the floor for public hearing. Cheryl Meadows, 419 SE 4th Street, expressed dissatisfaction with the condition of the easement, which was littered with empty beer cans and trash, and also noted concerns as to the manner in which the property would be utilized. Board discussion ensued as to responsibility for cleaning up the right-of-way. 6 VIII.-PUBLIC HEARING ITEM C. 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 August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1,2007 (Noon D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15,2007 (Noon) D September 18,2007 September 3,2007 (Noon) D November 20, 2007 November 5, 2007 (Noon) [gJ October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda [gJ Legal D Code Compliance & Legal Settlements D Unfinished Business [gJ Public Hearing D RECOMMENDATION: Approve the attached Ordinance 07- _ amending Chapter IV Site Plan Review of the City's Land Development Regulations specifying the circumstances wherein Conditions of Approval on a given site plan pertaining to "Unity of Title" may be released. EXPLANATION: As a matter of policy, staff has traditionally recommended that Unity of Title be required, as a condition of site plan approval, for developments with multiple parcels and/or components, such as mixed use development projects. The purpose has been to insure that the entire project gets developed (even if it is done in phases) by preventing the sale of individual components resulting in a truncated project that fails to conform with the approved site plan and/or is owned and operated by different parties in a manner inconsistent with the initial project objectives. The downside of this requirement, however, is that it severely limits flexibility on certain projects that may, in fact, require or benefit from different types of developers owning or operating its various components. Accordingly, staff is recommending a code amendment that states, in effect, that in cases where Unity of Title is a condition of site plan approval, this condition can be released under the following conditions: 1. The project as a whole, including its various components, must be administered by a property owners association (POA) with reserves for property maintenance of at least 18 months. 2. The owners of the various components must execute perpetual cross access and shared parking agreements. 3. A sign program approved by the City must be in place that regulates all project signage in conformance with the City's Land Development Regulations and is applicable to all components of the project. 4. The owners must agree to the continued calculation of overall project density based on the entire project despite the creation of individual parcels with multiple owners. Staff believes that these code amendments will allow developers of mixed use projects the required flexibility while at the same time addressing the primary concerns that led City staff to originally require a Unity of Title. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: N/A FISCAL IMPACT: (Include Account Number where funds will come from) ALTERNATIVES: Maintain the current policy of requiring developers to provide Unity of Title for mixed use development projects. ~ City Manager's Signature Assistant to City Manager ~ Department of Development City Attorney / Finance S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM DOC 1 ORDINANCE NO. 07- 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 CHAPTER 4, SITE PLAN REVIEW, AS CONTAINED IN 6 THE LAND DEVELOPMENT REGULATIONS, BY 7 CREATING SUBSECTION 8.G. TO SECTION 8, 8 REVIEW STANDARDS; TO ADDRESS THE 9 REQUIREMENT OF UNITY OF TITLE AS A 10 CONDITION OF APPROVAL OF A SITE PLAN; 11 PROVIDING FOR CONFLICTS, SEVERABILITY, 12 CODIFICATION AND AN EFFECTIVE DATE. 13 14 WHEREAS, the City's practice has traditionally recommended that Unity of Title be 15 required as a condition of a site plan approval for a development project with multiple parcels 16 and/or components, such as mixed use development projects; and 17 WHEREAS, the City's purpose of recommending a Unity of Title is to insure that the 18 entire project gets developed by preventing the sale of individual components resulting in a 19 truncated project that fails to conform with the approved site plan and/or is owned and 20 operated by different parties in a manner inconsistent with the initial project's objectives; and 21 WHEREAS, the City's staff has recognized that the requirement of Unity of Title may 22 limit the flexibility on certain projects that may require or benefit from different types of 23 developers owning or operating its various components; and 24 WHEREAS, the City Commission, upon recommendation of the City's staff, deems it 25 appropriate and in the best interests of the citizens and residents of the City of Boynton Beach, 26 to amend the Land Development Regulations of the City of Boynton Beach to provide for the 27 requirement of Unity of Title and, in matters where Unity of Title is a condition of a site plan 28 approval, to provide prerequisites which will allow such condition to be released. 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and incorporated 3 herein by this reference. 4 Section 2. Chapter 4, Site Plan Review, of the Land Development Regulations of 5 the City of Boynton Beach Code of Ordinances is hereby amended to create a subsection 8.G. 6 to Section 8 as follows: 7 8 9 10 11 12 13 14 15 16 II ] 7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 CHAPTER 4 SITE PLAN REVIEW * * * Sec. 8. Review Standards. The following standards shall be utilized by the planning and zoning department and all other applicable departments for review and evaluation of all required plans and exhibits. * * * G. The planning and zoning department and/or all other applicable departments may recommend as a condition of approval of a site plan for a development with multiple parcels and/or components, that a Unity of Title among the parcels and/or components be required. However, in cases where Unity of Title is a condition of site plan approval. this condition may be released under the following conditions: 1. The proiect as a whole, including its various components, is administered by a property owner's association with fee reserves for property maintenance of at least eighteen (18) months; 2. The owners of the various components has executed perpetual cross access and shared parking agreements; 3. A sign program approved by the City is in place that regulates all proiect signage in conformance with the Citv's Land Development Regulations and is applicable to all components of the proiect; and 4. The owners have agreed to the continued calculation of overall proiect densitv based on the entire proiect despite the creation of individual parcels with multiple owners. 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 q 1 2 Section 3. Each and every other provision of said chapter, not herein specifically 3 amended, shaIl remain in fuIl force and effect as originaIly adopted. 4 Section 4. AIl ordinances or parts of ordinance in conflict herewith be and the 5 same are hereby repealed. 6 Section 5. Should any section or provision of this Ordinance or portion hereof be 7 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 8 remainder of this Ordinance. 9 Section 6. Section 7. Authority is hereby given to codify this Ordinance. This Ordinance shaIl become effective immediately. 10 11 12 FIRST READING this _ day of , 2007. SECOND, FINAL RE.AJ)ING AND PASSAGE this _ day of ,2007. 13 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy TTEST: anet M. Prainito, CMC ity Clerk XI. - NEW BUSINESS ITEM A. 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 August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1,2007 (Noon D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15, 2007 (Noon) D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon) D October 2, 2007 September 17,2007 (Noon) D December 4,2007 November 19,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative [gJ New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Request by developer for annexation of balance of Gulfstream Gardens development (7.966 acres of 15.36 acres) into the CRA. EXPLANATION: In 2006 a 15.46 parcel was assembled for development along South Federal Highway. A portion of the property was already in the City (7.494 acres) while the balance was unincorporated Palm Beach County (7.966 acres). The 7.494 acre portion of the property already in the City limits was also in the limits of the CRA. The unincorporated 7.966 acres was subsequently annexed into the City to form Phase 1 and Phase II of Gulfstream Gardens. However, there was not an automatic annexation ofthe 7.966 acres into the CRA. The developer has requested that the balance of the property be annexed at this time into the CRA. This would make the entire property eligible for CRA incentives. The boundary of the original CRAlCity parcel (7.494) is not contiguous (see map). In response to the developer's request, staff did two things: 1. We confirmed with the County that the property could be annexed into the CRA without creating another mini-CRA. This was important for budget and audit requirements. The County indicated that this could be done without creating another CRA. 2. We calculated the financial tax loss to the City with the annexation of the 7.966 acres into the CRA. If annexed, the CRA would receive the tax revenue from the post-development property value while the City would retain the value of the property when it was annexed into the City. Based on our projections and a 2010-2011 completion date for the development, using a millage rate of 6.4553%, the annual loss to the City with annexation would be $281,970. This is based on an assumed taxable value of the project at $89M. This loss would continue each year. PROGRAM IMP ACT: Given the impact of tax caps and other revenue restrictions, annexation of the property is not recommended. In addition, consideration of any expansion of the CRA should include a fiscal impact analysis, FISCAL IMPACT: (Include Account Number where funds will come from) -- See attached spreadsheet showing a 12- year revenue loss projection to the City with annexation into the CRA. ALTERN A TIVES: 1. Proceed with the annexation and request that CRA provide replacement revenue or in-kind services in the amount of$300,000 a year to compensate for the loss of property tax revenue for the City. 2. Proceed with the annexation with no revenue sharing formula from the CRA to make up for lost property tax revenue to the City. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUES~ Department Head's Signature City Manager's Signature Assistant to City Manager ~/ Department Name City Attorney / Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com t/ f------ . ~0 r:>, . .----------.--...- -.-- ---c~. ::.,\.. 0(,' b) (,.7.' . . . ,I ) . . - .. \~}J'N )[.1' - 0 2uur I _ ~. i I ,"- J C 1 T 'J r..: I; ., I , r' ,- c', ." :'. '. -,.... f"I F I j I IVtniIJ}.":..Jtt\ ~ t)rjIL)~ WEINER & ARONSON, P.A. MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER SHAYNA M. REITMAN August 31,2007 Via Email & Reqular Mail Mr Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 Re: Gulfstream Gardens Our File No.: LOC0002 Dear Kurt: Thank you very much for your email reply. We understand your initial position with respect to this particular situation. Regardless, we believe that this matter should be addressed as quickly as possible. Tax Record Certification for January 1,2008 is fast approaching and a decision should be made so that the Property Appraiser's records are correct as of that date. We respectfully request that this matter be placed upon the appropriate City and Community Redevelopment Agency agendas. If we could be of further assistance in making certain that they are on the agenda, please feel free to contact me. ver:! tiUly y~urs, \ \ \ \ ~,_\ .//.- ./ Mlc~ael S\, Wflner MSW:vf ./ Cc: Mr. Rick Lococo James Cherof, Esquire OILOC0002:Letter to Kurt BressneLAugust 31. 2007.doc OOO..q-~ <.D OJ N C N..- N C u::iN~ - !Q OVI'--O') C"1 N N N en >- ...J <( (F)W-~6It Z <( l- t) UJ , 0 0:: w C. ::J en co z >-- UJ ~~~ 0 .0 . . <:- ",0-0- 0:: x <n <n ~ "'~O <( f--coo N <.:l W"'N @) I'? I'? ~ COJ,O WO OJ ~ <( Q5I'--Oro d, >C"}l()1,... UJ <(N~W 0 0:: --> 0 - >->-<( N I- fficoro"'O .8 en :::C:OCOQ.J LL. ::J ro a.!:: '0 W ...J (,)-c.o x :J ~ ~ ~ 5 W '0 <.:l wu:2u E '" co '" '" 0; ~ co '0 f-- r- fro;;:; "':'" ~ i:3 ~ W gJr- Icnc;; .c ~ 0 0- .,.;~ ;:2 U i- f---- '0 W ~ E' 0- <n ~~ c..> c <(=> !'-'" .".0 .,.;~ co '0 f-- - tOe;; to to ~ C'i ~ i:3 N W gJ- .".<0 .c 0.". 0- I'? N <( a::: u - - '0 W ~ 0 0: <n ~~ c..> c <(=> to!'- .".0 cO I'? co ~ '0 f- - tOW to'" '" ~ r--: f--?i' UU LU -, 0 g:- .".0:; -' "'.". <( .".~ f-- r--: 0<( f--a::: U - - '0 Q) m 0 0: <n Q)2 t5 '2 <(=> mro N!'-o ';J ~-~ NO('") 06 NtO ('") '" '" N ~-~ 61'--1.{) NN(,") o co- N '" NO '" '" 0('")'" ';J I.{)- CD- m[;;~ o <.O- N '" !'- '" N.". 0> "'co ~cD ro~~ 0""- N '" to .". '" ('") co tOO r--:I'--- ,.:.~~ OM N '" N 0> to 0 !'-.".'" "'t-r---: cD ~_;:; ~ -. co ~ to to to.".N cD 00- l()~g 06 N '" to N 0> co ",I'?N N-m- '00> "CON o co- N .". !'- '" tOtO ."."'''' ciei M~~ or--: N.". 0> N I'? 0 ('")0> ON C'~ g ~ ow N .". tOtO oco co 6 to !'- o ~N N .". N !'-O> '" 0 ~N'" 0-1.{)- 6~~ on N.". V> V> o ~ !'-ICOI Nr0C'0CD co- 0 m- 0)- ~ m..,.. 0 to('") " 6 : fA fAlfA '" " col('") ('<)~al.{) ~ m co l"- N- OJ- o::i 1"-- ml"-r-cn !'- ('") ('") ! ;; fA fA Y}(F)V7V7 <.OI'--r-CO l.()OCOID tOO>N N r--: cO CD- mr.o..-co 0> I'? I'? 0) '" fA fA Y} W tA Y7 I"- ..- m 0 Q')O)NN N !'-O> l.[)-r--r---~ ~I,{)"-I'-- N I'? I'? ro '" V> fA WY7Y7Y7 NCONO ("')00...-0 co I'-- NO co- cD ,...- 'C;f ".". to '" I'? I'? to- '" fA fA WWV7W "'!'- co !'- '" 0> f'- r.o I'-- C'? ~ c.t:i cOM- O("")......i,() cn.M ("") ~ fA fA w w- Y}- Y}- f'--......oq-lJ') mcoNO tOCON N- <D- <D- M- aN .". I'?I'? I'? 6 '" fA fA Y}(f)-Y)W NON N '" to '" I'?!'- o. f'-- LD- M- '" ~ I'? f'-_M C"1 ;:;; fA fA W-W-~Y}- l() <D ("") m 0......0'l0 '" N.". N cO lLi ("")- ~O"""N NI'? I'? 6 '" fA fA w Y)- W V7 mNf'-O ."..".0> '" "'''' moiv-C"i ;::: ~ ......1;;) ro .". fA fA t:A Y}- f:,9 E:A- lOCJ)L.()"I:f "'N " f'-..~~oo 00 o-...,.--.:;;r L.() m...... 0 I'? N I'? r--: " fA fA V7V7WEfT l{) 0 U') U") f'- t-- m lO ("')CJ)C')(J') 0> - C'"i lJ1 !'- co '" '" N N or; " fA fA (;A W (F){I) '" '" w@ ::J W - ::J '" C > Q) Q) > - Q) .ga::: x x '" '" f-f-- ~ '" @) Q) ::J C ~ ioQ.J g; Ci;E& > W x Q) > '" -Q)f- .ga:::<( ~~o:: f--f--U <(<( a::: a::: uu i:i:i: uuu 6tO o!'- r---:r-: to !'- to_ !'- 0' N W fA '" ~ ,,~ o LfiLCi to'" o!'- 6 N fA fA "'''' o o 00- r0 to I'? "'!'- to- ;:: fA fA I'? '" N to co !'- N !'-;: I'?- ~ fA fA !'-" NI'? "'0 to- - !'- '" co to 0>- o fA fA o!'- "0 NO> cOo !'-!'- tOtO W o fA fA "'to to to ~ I'? m. ....... to '" "'to 6 o IF) fA "'.". co'" "'''' NN "'I'? '" to 6 o fA fA ~ '" !'- !'- "'''' ("1-("")' N~ tOtO !'-- '" fA fA co N "'0> "0 ci cri co m !'-'" ..,: '" IF) fA NO to I'? '" !'- 0>00 !'- 0'" N '" fA fA N .". !'- !'- to'" 0)- I'? to I'? '" 0) co IF) IF) Q) ::J Q) co ::J > ai Q) > ~~ x x '" '" f-f-- -' -' <(<l: f-f-- 00 f--f-- <n c g 1:5 W B "- Q) ::J C Q) > !'! x $'J ~ '0 Q) '0 ::J U ~ '0 c <n '" :;: "0 C '" "0 C ~~ M Q) ",.c "'~ "a to Q) o~ 2 ~ '" Q) ~.c w~ OJQ) o~.o oE.2 ~~"2 ~,.:.~ rn 0,- ~ 0 <n ~~ 8 n ~ ~ '" 8. :;: Q.Je.c ~ 0.. Qj " OJ a. o c 0 M'ti} 0- '0 ::J ~~~ m~~ ~E.E ,- 0 c <n c..> 0 reI/):';:' :;: '" '" OJ :;:-=' ::J OJ '" ~E~ ~ ~ ~ '" ~ Q) x <n '" '" '" f--f-CIl ~ N ('") E ~ OJ E <n .s a '" :n m Q) <n .Q '0 'S o :;: .i':" i:3 Q) :; -< a::: U OJ :; .s "0 Q) "0 '0 '" .~ <n OJ c '0 C " o .0 .i':" U Q) :; o s: "0 Q) X Q) C C '" ~ e! 'J u .i':" Q; C!- o "- OJ :; W f- o Z GULFSTREAM GARDENS PHASES I AND II eRA BOUNDARIES PHASE II I , I PHASE I l.LJ 2 a a -J o Z >- ~ ::r: Q :r: ).. ~ ::J: C!J ~ -.J ({ i.J.j & l.i. Recently Annexed / Not in CR Within CRA . 140 70 0 1""""'10--- 560 5 I Feet 140 280 420 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl XII. - LEGAL - 2nd Reading Non-Development ITEM B.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 August 21, 2007 August 6,2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon 0 September 4, 2007 August 20, 2007 ONoon) 0 November 7, 2007 October 15,2007 (Noon) ~ September 18,2007 September 3, 2007 ONoon) 0 November 20, 2007 November 5, 2007 (Noon) ~ Is!- hit du't..~ September 17,2007 (Noon) 0 December 4,2007 October 2'R;07. ' November 19, 2007 (Noon) ~~d J7 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve the attached Ordinance on second reading to amend Chapter 2, Section 2-13.2 of the City of Boynton Beach Code of Ordinances, relating to the Community Redevelopment Agency (CRA). EXPLANATION: When the City Commission recently declared itself to be the CRA Board pursuant to the authority set forth in Florida Statute 163.357, it rendered obsolete the provisions of the City Code being amended by this Ordinance. PROGRAM IMPACT: None. FISCAL IMPACT: None ALTERNATIVES: None. ., \. ~'\~ Department Head's Signature ~w, Assistant to City Manager W ~ City Attorney Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 2 '"' -' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 II 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE D7 -o~b ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ARTICLE I OF CHAPTER 2 SECTION 2-13.2 RELATING TO THE COMMUNITY REDEVELOPMENT AGENCY (CRA) TO PROVIDE THAT THE CITY COMMISSION SHALL BE THE GOVERNING BODY OF THE CRA AND THE MAYOR AND VICE MAYOR THE CRA CHAIRPERSON AND VICE-CHAIRPERSON; PROVIDING FOR CONFLICT. SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, On June 16, 2007 the City Commission of the City of Boynton Beach, Florida, pursuant to the authority vested in the Commission as set forth in Section 163.357, Florida Statutes, designated itself to be the community redevelopment agency of the City of Boynton Beach and vested itself with all rights, powers, duties privileges, and immunities vested by law in the community redevelopment agency, subject to all responsibilities and liabilities imposed or current; and WHEREAS, the City Commission desires to conform the City's Code of Ordinances to properly reflect that the City Commission constitutes the community redevelopment agency. NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. That Article I, "Administration" of Chapter 2, Sec. 2-13.2. is hereby amended to read as follows: Sec. 2-13.2. Governing body of community redevelopment agency. (a) The members of the City Commission shall appoint in accordance "ith the pro\'ision:J of Chapter 163.: 57(1 )(gc), Florida Statutes, constitute the governing bodv (Board) of the Page 1 1 Community Redevelopment Agency. the board of commissioners illlQas the go':eming body of 2 the community redevelopment area. The board will be composed of~seven (7~) members. 3 (c) Chair and Vice-Chair. The Mayor shall be the Chairperson and the Vice-Mayor 4 the Vice Chairperson of the Board of the Community Redevelopment AgencyThc City 5 Commission, at the last meeting in March of each year, commencing March 2001, shall 6 appoint the Chair and Vice Chair of the Community Redevelopment .^~gency. The term 7 of appointment to the position of Chair or Vice Chair of the Board is one (1) year 8 commencing the first Tuesday in April follov:ing appointment. Board members may bc 9 appointed to consecuti'/c tenus as Chair or Vice Chair, not to exceed three (3) 10 consecuti'le terms 11 Section 3. Conflicting Ordinances. 12 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to 13 the extent of such conflict. 14 Section 4. Severability. 15 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or 16 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect 17 the validity ofthe remaining portions of this Ordinance. 18 Section 5. Inclusion in Code. 19 It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that 20 the provisions of this Ordinance shall become and be made a part of the CITY OF BOYNTON 21 BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or 22 relettered and the word "ordinance" may be changed to "section," "article," or such other 23 appropriate word or phrase in order to accomplish such intentions. Page 2 1 Section 6. Effective Date. 2 This Ordinance shall be effective immediately after adoption by the City Commission. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PASSED FIRST READING this!L day of~, 2007. SECOND AND FINAL READING ADOPTED this _ day of ,2007. CITY OF BO'r'NTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray ATTEST: II Commissioner - Carl McKoy I' I I Janet M. Pr~inito, CMC City Clerk (Corporate Seal) Page 3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORln XII. - LEGAL - 2nd Reading Non-Development ITEM B.2 Requested City Commission Meeting Dates Date Final Form Must be Turned Requested City Commission in to City Clerk's Office Meeting Dates Date Final Form Must be Turned in to City Clerk's Office September 18, 2007 Is! ,.e~ October 2,jp07 ,Jpd lLdw-} August 6,2007 ONoon.) 0 October 16,2007 August 20,2007 (Noon) 0 November 7,2007 September 3, 2007 ONoon) 0 November 20,2007 September 17, 2007 ONoon) 0 December 4,2007 October I, 2007 (Noon o August 21, 2007 o ~ ~ October 15,2007 (Noon) September 4, 2007 November 5, 2007 (Noon) November 19, 2007 (Noon) NATURE OF AGENDA ITEM 0 Announ cements/Presentations 0 City Manager's Report 0 Administrative 0 New Business 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business ~ Public Hearing 0 RECOMMENDATION: Approval of the attached Ordinance No. 07- _ amending Part III of the Land Development Regulations, Chapter I, Article V Impact Fees and Dedications. - EXPLANATION: Staff has determined that, in light of the recent emergence of a unique type of residential unit, commonly called a "Condominium Hotel Unit", essentially a hotel room owned by private individuals, there was a need to include such a unit in the code. The fact that the City of Boynton Beach has not defined and addressed such units in its code has resulted in confusion as to how to treat them, particularly when it came to the application of parks and recreation facilities impact fees and dedications. Therefore, the attached ordinance amendment is being proposed in the interests of clarity and to insure that all such units are treated in a consistent manner. PROGRAM IMPACT: N/A FISCAL IMPACT: (Include Account Number where funds will come from) N/A ALTERNATIVES: The absence of such an ordinance amendment will result in continued confusion and inconsistency in the application of park and recreation impact fees on these increasingly common residential unit types. ~aM' anager's Signature Assistant to City Manager (#' Department of Development City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 :~I L4' . 25 26 27 28 29 30 ~i II 33 34 35 36 37 38 39 40 41 42 2 ORDINANCE NO. 07- '"' _1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING P ART III~ LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE V, IMPACT FEES AND DEDICATIONS, BY AMENDING SECTION 3, SUBPARAGRAPH E; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff has recently reviewed the Parks and Recreation Impact Fee Ordinance; and WHEREAS, as a result of this review, staff recommends revising the definition for residential unit to exclude hotels, condominium hotel units, extended stay hotel units or timeshares; and NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Article Y., Sections 3E are hereby amended follows: Section 3. Establishment of parks and recreation facilities impact fee or land dedications in lieu thereof. E. DEFll\TITIONS. When used in this section, the following temlS shall have the following meanings: APPLICANT - The person or entity applying, or required by the city code to apply, for a building permit for the construction of three or more dwelling units, or for the construction of one or more dwelling units within a development of three or more units. Applicant is synonymous with owner. DWELLING - A living facility for one or more persons, such as a one-family house, an apartment or a condominium. IMPACT FEE - Park and recreation facilities impact fee. OBLIGOR - Any person or entity who is obligated to pay a park and recreation facilities impact fee pursuant to the city's Park and Recreation Facilities Impact Fee Ordinance. S:\CA \OrdinancesIParks\Park Fee Ordinance (exclude hotels j090407doc 1 PARK _ A public park within the city that is not owned or operated by the county. RESIDENTIAL UNIT - An apartment, condominium, single-family detached house, mobile home, single-family attached house or multi-family housing established for human habitation. This excludes hotels, condominium hotel units, extended stay hotel units or timeshares. 2 3 4 5 6 7 Section 3. Each and every other provision of Chapter 26, not herein specifically 8 amended shall remain in full force and effect as previously enacted. 9 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 10 same are hereby repealed. 11 Section 5, Should any section or provision of this ordinance or portion hereof~ 12 any paragraph, sentence or word be declared by a court of competent jurisdiction to be 13 invalid, such decision shall not affect the remainder of this ordinance. 14 Section 6. Authority is hereby granted to codify said ordinance. 15 Section 7. This ordinance shall become effective immediately after passage. S:\CA\Ordinances\Parks\Park Fee Ordinance (exclude hotels)090407.doc '"' -' 4 2007. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ATTEST: 24, 25/1 26 27 28/ Janet Prainito, City Clerk ")0 ~../. 30 3 1 (CORPORA TE SEAL) 1 2 FIRST READING this _ day of_______~__, 2()O~. SECOND, FINAL READING AND PASSAGE this day of October, CITY OF BOYNTON BEACH. FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Car] McKoy S:\CAIOrdinancesIParks\Park Fee Ordmance (exclude hotels)090407doc XII. - LEGAL - 2nd Reading Non-Development ITEM B.3 '~.-"\vo, V': ~t. I ~ Q \ .,L 0\ J-/;~", _~' _ ~/~ ~ 0 (~ \>'^ 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 August 21, 2007 August 6, 2007 ONoon,) 0 0 September 4, 2007 August 20, 2007 ONoon) 0 [2J September ~ 2007 . September 3, 2007 (Noon) 0 ~ I sf ~ r September 17,2007 ONoon) 0 0;:2'1~ Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office October 16, 2007 October 1,2007 (Noon November 7,2007 October 15, 2007 (Noon) November 20, 2007 November 5, 2007 (Noone December 4, 2007 November 19,2007 ~-':'"!fII, (- (NOO!})) r',) W D Announcements/Presentations 0 City Manager's Report -:J NATURE OF D Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal ...- 0 0 w Code Compliance & Legal Settlements Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to amend Article III, of Chapter 18 of the Boynton Beach Code of Ordinances, entitled "Pensions for Police Officers," and amend Section 18-172 providing for buyback of service. EXPLANATION: On June 20, 2006 the City Commission adopted fmal Ordinance No. 06-036 which repealed Article III, of Chapter 18 of the Boynton Beach Code of Ordinances, entitled "Pensions for Police Officers," and replaced it with a new Article III, thereof to be entitled "Municipal Police Officers' Retirement Trust Fund". The new article was intended to c1a.rify and compile all pension related ordinances into one clear and concise easy to read document entitled "Municipal Police Offices' Retirement Trust Fund" and to comply with numerous amendments to Chapter 185 of the Florida Statutes. On July 7,2006 the Ordinance was sent to the Florida Department of Management Services, Division of Retirement for their review. Per the attached letter from Patricia Shoemaker, Benefits Administrator, several sections of the ordinance were not in compliance with Chapter 185 and revisions to Ordinance No. 06-036 were recommended. PROGRAM IMP ACT: The proposed ordinance rectifies the deficiencies noted by the state and the attached letter dated August 17, 2007 from Ms. Henson summarizes the changes that were made to Ordinance No. 06-036. These amendments allow the Police Officers Pension Plan to be in compliance with Chapter 185 of the Florida Statutes. (""") n-l =4-( -<0 n-q . tD fTl C) .:..~-< --, :-:::. U)-.. o j~-- ::':1- --r;CO -~T1 (J .......> ('In FISCAL IMPACT: Based on the actuarial impact statement of December 1, 2006 and the subsequent review of the proposed plan amendments by the Segal Company, the City's pension consultant, this proposed revision to Article III, of Chapter 18 of the Boynton Beach Code of Ordinances, entitled "Pensions for Police Officers," will result in no increase in cost to the City. ALTERNATIVES: NONE ~~~~ ~~w, Financial Service Department Name ~ D/MJ ty Attorn / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 20 1 ORDINANCE NO. 07- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA. 4 AMENDING ARTICLE III, OF CHAPTER 18 OF THE BOYNTOl\ 5 BEACH CODE OF ORDINANCES, ENTITLED "PENSIONS FOR 6 POLICE OFFICERS;" AMENDING SECTION 18-172 PROVIDING FOR 7 BUYBACK OF SERVICE;" PROVIDING FOR CODIFICATION; 8 PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY: 9 AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. 10 11 WHEREAS, the State Legislature of the State of Florida has enacted numerous 12 amendments to Chapter 185, Florida Statutes, known as the Municipal Police Officers' 13 Retirement Trust Funds; and 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to 15 revise its Police Officers' Pension Ordinance in order to comply with State Statutes: 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 1? II THE CITY OF BOYNTON BEACH, FLORIDA: 18 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true 19 and correct and are incorporated herein by this reference Section 2. Section 18-167 of Article III of Chapter 18 ofthe Boynton Beach Code of 21 Ordinances is hereby amended as follows: 22 Section 18-167. Powers of the Board of Trustees. 23 24 25 A. The Board of Trustees may: 1. Invest and reinvest the assets of the Boynton Beach Police Officers' Pension Fund in annuity and life insurance contracts of life insurance CODING: Words in strike through type are deletions from existing law; Words in underscored type are additions. Page 1 of 11 1 2 3 4 5 6 7 8 2. 9 10 11 1211 I I 13 14 15 16 17 18 19 20 CODING: companies in amounts sufficient to provide, in whole or in part, the benefits to which all the participants in the Pension Fund shall be entitled under the provisions of this Article and pay the initial and subsequent premiums thereon from the integral part of the Fund. If current state contributions are adequate to fund minimum requirements of Chapter 185, Florida Statutes additional State funds may be used to provide benefits that exceed requirements of Chapter 185. Invest and reinvest the assets of the retirement trust fund in: a. Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund, or a savings and loan association insured by the Savings Association Insurance Fund which is administered by the Federal Deposit LTlsura...Tlce Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund. b. The aggregate investment of Fund assets in: (1) Obligations of the United States or obligations guaranteed as to principal and interest by the Government of the United States; (2) Bonds issued by the State ofIsrael; (3) Bonds or other evidences of indebtedness issued or Words in strike through type are deletions from existing law; Words in underscored type are additions. Page 2 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 CODING: guaranteed by a corporation organized under the laws of the United States, any state or organized telTitory of the United States, orthe District of Columbia. However, the average rating of such investments in bonds shall be no lower than AA-: (4) County bonds containing a pledge of the full faith and credit of the county involved, bonds of the division of bond finances of the department of general services, or of any other state agency, which have been approved as to legal and fiscal sufficiency by the state board of administration; and (5) Obligations of any municipal authority issued pursuant to the laws of this state; provided, however, that for each of the five (5) years next preceding the date of investment the income of such authority available for fixed-charges shall have been not less than 1.5 times its average annual fixed-charges requirement over the life of its obligations: shall not at cost cxceed sixty fivc pcrcent (65~:)) of the fund's assets; nor shall morc than ten porcent (l O%} of the fund's assets be im'ested in the bonds or other Words in strilce through type are deletions from existing law: Words in underscored type are additions. Page 3 of 11 1 2 3 4 5 6 7 8 9 10 11 121, 13 14 15 16 17 18 19 20 3. CODING: certificates of indebtedness of anyone (1) issuing company; not shall the aggregate of such in','ostment in uny one (1) issuing company exceed threo percent (3%) of the outstanding bonds or other certificates of indebtedness of that company. c. The aggregate investment of Fund assets in the common stock or capital stock issued by a corporation organized under the laws of the United States, any state, or organized territory ofthe United States or the District of Columbia shall not, at market, exceed sixty-five percent (65%) ofthe fund's assets; nor shall more than five percent (5%) of the fund's assets be invested in common stock or capital stock of anyone (1) issuing company; nor shall the aggregate of such investment in anyone (1) issuing company exceed five tffi:ee-percent (~-:3-%) of the outstanding common or capital stock of that company. The Board of Trustees may invest in foreign securities up to the limits permitted by Florida Statutes SI85.06(b). d. Real Estate, except that the aggregate investment of Fund assets in Real Estate may not exceed ten percent (l0%) of assets. Issue drafts upon the Boynton Beach Police Officers Pension Fund Words in strike through type are deletions from existing law; Words in underscored type are additions. Page 4 of 11 1 2 3 4 5 6 7 8 9 10 11 1211 13 14 15 16 17 18 19 20 pursuant to this Article and rules and regulations prescribed by the Board of Trustees. All such drafts shall be consecutively numbered and shall be signed by the Chainllan and Secretary of the Board or their designee and shall state upon their faces the purpose for which the drafts are drawn. The City Treasurer shall retain such drafts v.'hen paid, as permanent vouchers for disbursements made, and no money shall be otherwise drawn from the Fund. 4. Convert into cash any securities of the Fund as it may deem advisable, having regard for the cash requirements of the fund. 5. Keep complete record of all receipts and disbursements and of the Boards, acts and proceedings. 6. The Board of Trustees may cause any investment in securities held by it to be registered in or transferred into its name as trustee or into the name of such nominee as it may direct but the books and records shall at all times show that all investments are part of the Fund. B. The sole and exclusive administration of, and the responsibilities for. the proper operation of the retirement fund and for making effective the provisions of this chapter are vested in the Board of Trustees. c. The Board of Trustees shall retain a professionally qualified independent consultant who shall evaluate the perfom1ance of any existing professional CODING: Words in strike through type are deletions from existing law: Words in underscored type are additions. Page 5 of ] 1 1 money manager and shall make recommendations to the Board of Trustees 2 regarding the selection of money managers, if necessary. The term 3 "professionally qualified independent consultant" shall have the meaning as set 4 forth in Florida Statutes S 185.06(5)(b), Florida Statutes. 5 The Board of Trustees may employ such independent professional, technical or D. 6 other advisers as may be needed to fulfill the Board's responsibilities under this 7 Pension Plan. These professionals include but are not limited to: legal counsel, 8 actuary and certified public accountants. If the Board chooses to use the City's 9 legal counsel, actuary or other professional, technical or other advisers, it must 10 do so only under terms and conditions acceptable to the Board. 11 Section 3. Paragraph E of Section 18-169 of Article III of Chapter 18 of the Boynton 12 Beach Code of Ordinances is hereby amended as follows: 13 14 Section 18-169. Requirements for Retirement-Benefit Amounts. 15 * * * 16 E. Separation from Service. 17 1. Effective for terminations on and after October 1, 2002, if a member 18 leaves the service of the City before accumulating aggregate time of 5 19 years toward retirement and before being eligible to retire, such member 20 shall be entitled to a refund of all of his or her contributions made to the CODING: Words in strike through type are deletions from existing law; Words in underscored type are additions. Page 6 of 11 10 11 1211 13 14 15 16 17 18 19 1 2 3 4 5 6 7 8 9 Section 4. Fund, without interest. 2. If any member who had been in the service of the City for at least ten (10) years elects to leave his or her accrued contributions in the Fund, such police officer upon attaining age fifty (50) years or more (\\'ithout reaching what would have been twenty years of service had he not terminated his employment) may receive an early retirement benefit at the actuarial equivalent of the amount of such retirement income otherwise payable to him or her at early retirement or upon attaining what would have been normal retirement had he not tem1inated his employment, such police officer may receive his or her accrued nonnal retirement benefit. 3. Effective for terminations after October 1,2002, ifanymemberwho had been in the service ofthe City for at least five (5) years elects to leave his or her accrued contributions in the Fund, such police officer, upon attaining what would have been the earliest normal retirement had he not terminated his or her employment, may receive the accrued normal retirement benefit. The member mav receive the benefits pavable in the normal form or any option available under Section 18-170. Section 18-172 of Article ill of Chapter 18 of the Boynton Beach Code of 20 Ordinances is hereby amended as follows: CODING: Words in striko through type are deletions from existing law; Words in underscored type are additions. Page 7 of 11 1 Section 18-172. Buy Back of Service 2 3 4 5 6 7 8 9 10 11 1211 13 14 15 16 17 18 19 20 A. Re-employment. When any former police officer ofthe city is re-employed, he will become a member of the plan upon re-employment as a full time permanent police officer. When a former police officer of the City is re- employed and had withdrawn contributions previously made to the plan, he may reinstate his previous service provided upon satisfaction of each of the following conditions: 1. The break in city employment is not more than sixty (60) months; and 2. The plan is paid the total amount previously withdrawn (consisting of accumulated member contributions plus any interest previously paid by the plan on those contributions) within six months of re-emplovment. This total amount is brought forward with interest for the total number of months from the date of withdrawal to the date of repayment, calculated to the nearest month. This calculated amount equals the amount to be repaid to the Plan in a lump sum. The interest to bring forward the total amount will be at the equivalent compound monthly rate derived from the eaming rate assumed by the actuary in the most recent actuarial valuation submitted to the Division of Retirement pursuant to Chapter 112, Part VII, Florida Statutes. B. Prior police officer service. CODING: Words in strike through type are deletions from existing law; Words in underscored type are additions. Page 8 of 11 1 2 3 4 5 6 7 8 9 10 11 1211 I 13 14 15 16 17 18 19 20 Unless otherwise prohibited by law, the years or fractional parts of years that a police officer previously served as a police officer '.vith the city during a period of employment and for which accumulated contributions were withdrm",n from the fund, or the years and fractional parts of years that a police officcr served as a police officer for this or any other municipal, county, or state police department or service in the military shall be added to the years of credited service provided that: 1. The police officer contributes to the Fund the sum that would have been contributed, based on the police officer's salary and the employee contribution rate in effect at the time that the credited service is requested, had the police officer been a member of this system for the years or fractional parts of years for which the credit is requested plus amount actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of credited service. 2. Payment by the police officer of the requirement amount may be made within six (6) months of the request for credit and in one (I) lump sum payment, or the police officer can buyback this time over a period equal to the length of time being purchased or five (5) years, whichever is CODING: Words in strike throu.;h type are deletions from existing lavv': Words in underscored type are additions. Page 9 of 11 1 2 3 4 5 6 7 8 9 10 11 12 Section 5. greater, at an interest rate which is equal to the Fund's actuarial assumption. A police officer may request to purchase a maximum of five (5) years of service. No credit shall be given for any service until all years of service which are to be repurchased, have been repurchased. 3. The credit purchased under this section shall count for benefit computation purposes, but not for vesting. 4. In no event, however, may credited service be purchased pursuant to this section for prior service with any other municipal, county or state police department, if such prior service forms or will form the basis of a retirement benefit or pension from another retirement system or plan. This sub-paragraph does not apply to military service. It is the intention ofthe City Commission of the City of Boynton Beach 13 that the provisions ofthis Ordinance shall become and be made a part ofthe Code of Ordinances 14 of the City of Boynton Beach, Florida. The Sections ofthis ordinance may be renumbered, re- 15 lettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or 16 phrase in order to accomplish such intention. 17 Section 6. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 18 in conflict herewith be and the same are hereby repealed to the extent of such conflict. 19 Section 7. If any clause, section, or other part or application of this Ordinance shall 20 be held by any court of competent jurisdiction to be unconstitutional or invalid, such CODING: Words in strike through type are deletions from existing law; Words in underscored type are additions. Page 10 of 11 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 1 unconstitutional or invalid part or application shall be considered as eliminated and so not 2 effecting the validity ofthe remaining portions or applications remaining in full force and effect. 3 Section 8. This Ordinance shall become effective upon passage. FIRST READING this _ day of .2007. SECOND, FINAL READING AND PASSAGE this _ day of 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, CMC City Clerk (CORPORA TE SEAL) CODING: Words in strike through type are deletions from existing la\v; Words in underscored type are additions. Page 11 of 11 HANSON. PERRY & JENSEN, P.A. 400 ExECUTIVE CENTER DRIVE, SUITE 207 - WEST PALM BEACH, FLORIDA 33401-2922 .L HANSON* Ian son @hp]law.com ANN H. PERRY aperry@hpjlaw.com BONNI SPATARAJENSEN bs)ensen@hp)law.com TELEPHONE (561) 686.6550 FACSIMILE (561) 686.2802 August 17, 2007 . ALSO ADMITTED IN N. Y. VIA EMAIL DELIVERY Bill Mummert, Finance Director City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 MummertB@ci.boynton-beach.fl,us Re: Boynton Beach Municipal Police Officers Pension Fund Pension Plan Document File No.: 0188.0050 Dear Bill: Pursuant to our telephone conversation, below is a summary of the proposed amendment to the Boynton Beach Municipal Police Officers Pension Fund ("Fund") Plan Document ("Plan"). In response to the City's Ordinance 06-036, the State of Florida Division of Retirement Municipal Police Officers and Firefighters Pension Trust Funds Office (UMPF Office") sent the enclosed letter dated July 28,2006. To address the issues contained in that letter, the Board of Trustees of the Fund responded by proposing the enclosed amendment to the Plan. In summary, the proposed amendment provides as follows: Ordinance Section 1 - page 3, lines 18 - 20 and page 4, lines 1 - 5 - Deletes the limitation on municipal bonds contained in sub-subparagraph (5) which is a verbatim recitation of the limitation contained in subparagraph c. The language appears in sub-subparagraph (5) by mistake. Additionally subparagraph c is amendment to mirror the state law provision of Florida Statutes 9185.06(1 )(b)4b regarding the limitations on investments in anyone issuing company to 5%. Ordinance Section 3 - page 7, lines 15, 17 and 18 - Adds clarifying language to indicate that distribution will be upon reaching the earliest retirement date. It also ~~ Bill Mummert, Finance Director City of Boynton Beach August 17, 2007 Page 2 of 2 provides that these participants are entitled to chose from amongst the optional forms of benefits available under the Plan. Ordinance Section 4 - page 8 lines 6 -9 and line 11 and page 9, lines 2 - 5 - Amends the section to comply with the provisions of Florida Statutes ~185.02(5)(a). The change allows the member to make repayment within 6 months of re- employment and removes the 5 years break in service provision. Also clarifies the buyback provisions to make this section consistent with the provisions of the Plan's definition of creditable service and the provisions of Florida Statutes ~185.02(5)(a). I have also enclosed for your reference a copy of the actuarial impact statement prepared by the Fund's Actuary, Gabriel, Roeder, Smith and Company. If you have any questions regarding this matter, please do not hesitate to contact me. Si'JGrre1y yours, A (~\ 'i~\ Bonni S. Jens(n'-..J Copy to: Chairman and Secretary Barbara LaDue H:\BB 0188\City\mummert August 17.wpd 1 the fund. E~C{( ph -(1[JfY\ Od, 2 Section 18-167. Powers of the Board oHIrustees. Q 3l?). Dlp/ 3 A. The Board of Trustees may: 4 1. Invest and reinvest the assets of the Boynton Beach Police Officers' 5 Pension Fund in annuity and life insurance contracts of life insurance 6 companies in amounts sufficient to provide, in whole or in part, the 7 benefits to which all the participants in the municipal police officers, 8 rotiremeHt troGt fund Pension Fund shall be entitled under the provisions 9 of this ordinance Article and pay the initial and subsequent premiums 10 thereon from the integral part of the Fund. If current state contributions 11 are adequate to fund minimum requirements of Chapter 185, Florida 12 Statutes additional State funds may be used to provide benefits that 13 exceed requirements of Chapter 185. 14 15 16 2. Invest and reinvest the assets ofthe retirement trust fund in: a. Time or savings accounts of a national bank, a state bank insured 17 by the Bank Insurance Fund, or a savings and loan association 18 insured by the Savings Association Insurance Fund which is 19 administered by the Federal Deposit Insurance Corporation or a 20 state or federal chartered credit union whose share accounts are 21 insured by the National Credit Union Share Insurance Fund. 22 b. The aggregate investment offEund assets in: CODING: Words in Gtri1ce tlH-ougb type are deletions from existing law; Words in underscore type are additions. Page 13 of63 S:\C A\PENS ION\POLlCE\Rcslatl:ment 03-0 I -06.doc II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I 19 I 20 I 21 : I 22 'I ! CODING: (1) Obligations ofthe United States or obligations guaranteed as to principal and interest by the Government of the United States; (2) Bonds issued by the State ofIsrael; (3) Bonds or other evidences of indebtedness issued Dr guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia. However, the average rating of such investments in bonds shall be no lower than AA-; (4) County bonds containing a pledge of the full faith and credit of the county involved, bonds of the division of bond finances of the department of general services, or of any other state agency, which have been approved as to legal and fiscal sufficiency by the slate board of administration; and (5) Obligations of any municipal authority issued pursuant to the laws of this state; provided, however, that for each of the five ill years next preceding the date of investment the income of such authority available for fixed-charges shall have been not less than 1.5 times its average annual fixed-charges requirement over the life of its obligations; Words in strike through type are deletions from existing law; Words in underscore type are additions. Page 14 of63 S:\CA \PENS 10N\POLlCE\Reslalement 03-01-06.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ]7 18 19 20 21 22 , CODWG: shall not at cost exceed sixty-five percent (65%1 of the fund's assets; nor shall more than ten percent (10%} oflhe fund's assets be invested in the bonds or other certificates of indebtedness of anyone ill issuing company; not shall the aggregate of such investment in anyone ill issuing company exceed three percent (3%} of the outstanding bonds or other certificates of indebtedness of that company. c. The aggregate investment of fEund assets in the common stock or capital stock issued by a corporation organized under the laws of the United States, any state, or organized territory of the United States or the District of Columbia shall not, at market, exceed sixty-five percent (65%} of the fund's assets; nor shall more than five percent (5%} of the fund's assets be invested in common stock or capital stock of anyone !.l.Lissuing company; nor shall the aggregate of such investment in anyone ill issuing company exceed three percent (3%} of the outstanding common or capital stock of that company. The Board of Trustees may invest ~ ton percent (10~<.) of plan assets in foreign securities up to the limits permitted by Florida Statutes S I 85.06(b ). d. Real Estate, except that the aggregate investment of fEund assets Words in stril~e thro1.:lgn type are deletions from existing law; Words in underscore type are additions. i j j S:\CA\PENSION\POLICE\Rcstalcmenl03-OJ_06.doc , Page 15 of63 2 3 4 5 6 7 8 9 10 11 I, 12 13 14 15 16 17 18 19 B. 20 21 22 c. COnING: in Real Estate may not exceed ten percent ( 1 O%} of assets. 3. Issue drafts upon the Boynton Beach Police Officers Pension Fund pursuant to this ordinance Articleandrules and regulations prescribed by the Board of Trustees. All such drafts shall be consecutively numbered and shall be signed by the Chainnan and Secretary of the Board or their designee and shall state upon their faces the purpose for which the drafts are drawn. The City Treasurer shall retain such drafts when paid, as permanent vouchers for disbursements made, and no money shall be otherwise drawn from the Fund. 4. Convert into cash any securities of the Fund as it may deem advisable, having regard for the cash requirements oft~e fund, 5. Keep complete record of all receipts and disbursements and of the Boards, acts and proceedings. 6. The aBoard of t- Irustees may cause any investment in securities held by it to be registered in or transferred into its name as trustee or into the name of such nominee as it may direct but the books and records shall at all times show that all investments are part of the fEund. The sole and exclusive administration of, and the responsibilities for, the proper operation of the retirement fund and for making effective the provisions of this chapter are vested in the aBoard of tlrustees. The Board of Trustees shall retain a professionally qualified independent Words in strike tm-ough type are deletions from existing law; Words in underscore type are additions. s:\c A \PENSION\PO L1CE\Restatemenl 03-0 I-06.doc Page 16 of63 II 1 2 3 4 E. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 or personal representatives of such deceased member shall be entitled to a refund of 100% of the contributions made by the member to the Fund, without interest. Separation from Service. 1-. Effective for terminations on and after October 1, 2002, if a member leaves the service of the City before accumulating aggregate time of 5 years toward retirement and before being eligible to retire, such member shall be entitled to a refund of all of his or her contributions made to the Fund, without interest. 2. If any member who had been in the service of the City for at least ten (10} years elects to leave his or her accrued contributions in the Fund, such police officer upon attaining age fifiyJ501 years or more (without reaching what would have been twenty years of service had he not terminated his employment) may receive an early retirement benefit at the actuarial equivalent of the amount of such retirement income otherwise payable to him or her at early retirement or upon attaining what would have been normal retirement had he not terminated his employment, such police officer may receive his or her accrued normal retirement benefit. 3. Effective for terminations after October 1, 2002, if any member who had been in the service of the City for at least five (51 years elects to leave his or her accrued contributions in the Fund, such police officer, upon attaining what would have been normal retirement had he not terminated his or her employment, may CODING: Words in strike through type are deletions from existing law; Words in underscore type are additions. Page 26 of 63 S:\CA \PENSION\POLICE\RcSlalemcnt OJ-OI-06.doc 1 2 3 F. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . . It receive the accrued normal retirement benefit. Fla. Stat. Chapter 185; Ord. No, 02-063, 92. Monthly Supplemental Benefits. I. Effective October 1, 2006, any eligible retiree, including DROP participants, or beneficiary receiving pension benefits is entitled to a monthly supplemental pension benefit. The benefit pool will be funded by one hundred percent fl OO%} of the annual earnings and ten percent (l0%} of the principal created by the contributions set forth in sub-paragraph 12..4 below. a. Such benefit will be funded by a one (1 %) contribution from the Members and a one (1%) contribution from the 185 monies. The Member and the 185 contributions shall be effective October 1, 2001. Employees will contribute to this benefit through twenty (20) years of service. b. The distribution provided for in this paragraph shall be divided among eligible retirees on a pro-rata basis in shares. The shares shall be determined based upon the sum of an eligible retiree's years and partial years of credited service (maximum credit is twenty (20) years) plus the eligible retiree's years and partial retirement years as of September 30 of the current year (maximum credit of twenty (20) years). The share value shall be determined by totaling all of the shares of eligible retirees divided CODING: Words in strike through type are deletions from existing law; Words in underscore type are additions. ! S:\CA IPENSIONIPOLlCE\Resllllement 03-0J.06.doc Page 27 of 63 1 I 2 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 B. If a deceased member officer failed to name a beneficiary in the manner prescribed above in subsection -i-A, or if the. beneficiary (or beneficiaries) named by the deceased member predeceases the member, the death benefit, if any, which may be payable under the plan with respect to such deceased police officer may be paid at the discretion of the Board of Trustees to the estate of the deceased member, provided that the a-Board of tIrustees may direct that the commuted value of the remaining monthly income payments be paid in a lump sum. Any payment made to any person pursuant to this section shall operate as a complete discharge of all obligations under the plan with regard to such deceased member and shall oot,~.ubject to review by anyone, but shall be final, binding and conclusive on all persons ever interested hereunder. Section 18-172. Buy Back of Service A. Re-emp10yment. When any former police officer of the city is reemployed, he will become a member of the plan upon re-employment as a full time pennanent police officer. When a fonner police officer of the City is re-employed and had withdrawn contributions previously made to the plan, he may reinstate his previous service upon satisfaction of each of the following conditions: 1. The break in city employment is not more than sixtv (60} months; and 2. The plan is paid the total amount previously withdrawn (consisting of accumulated member contributions plus any interest previously paid by the plan on those contributions). This total amount is brought forward CODWG: Words in strike throllgh type are deletions from existing law; Words in underscore type are additions. Page 36 of 63 S :\CA \PENSION\POLlCE\Restatemcnt 03-0 1-D6.doc " 2 3 4 5 i i I 6 I I r 7 8 9 10 B. 11 12 13 14 15 16 17 18 19 20 21 22 CODlNG: with interest for the total number of months from the date of withdrawal to the date of repayment, calculated to the nearest month. This calculated amount equals the amount to be repaid to the Plan in a lump sum. The interest to bring forward the total amount will be at the equivalent compound monthly rate derived from the earning rate assumed by the actuary in the most recent actuarial valuation submitted to the Division of Retirement pursuant to Florida Statutes c Chapter 112, Jr-E.art VII, Florida Statutes. (Ord. No. 96-05, S 1,3-696). Prior police officer service. Unless otherwise prohibited by law, the years or fractional parts of years that a police officer previously served as a police officer with the city during a period of employment and for which accumulated contributions were withdrawn from the fund, or the years and fractional parts of ,years that a police officer served as a pollce officer for this or any other municipal, county, or state police department or service in the military shaIl be added to the years of credited service provided that: 1. The police officer contributes to the fEund the sum that would have been contributed, based on the police officer's salary and the employee contribution rate in effect at the time that the credited service is requested, had the police officer been a member of this system for the years or fractional parts of years for which the credit is requested plus amount actuarially determined such that the crediting of service does not Words in strike trn-ough type are deletions from existing law; Words in underscore type are additions. S:\CA \PENS 10N\POLlCE\Restatement 03-01-06.doc Page 37 of 63 2 3' 4 5 i 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 II result in any cost to the fEund plus payment of costs for all professional services rendered to the e~oard in connection with the purchase of years of credited service, 2. Payment by the police officer of the requirement amount may be made within six @ months of the request for credit and in one OlJump sum payment, or the police officer can buy back this time over a period equal to the length of time being purchased or five ill years, whichever is greater, at an interest rate which is equal to the .(Eund's actuarial assumption. A police officer may request to purchase a maximum of five (5) years of service. No credit shall be given for any service until all years of service which are to be repurchased, have been repurchased. 3. The credit purchased under this section shall COW1t for benefit computation purposes, but not for vesting. 4. In no event, however, may credited service be purchased pursuant to this section for prior service with any other municipal, county or state police department, if such prior service fonns or will form the basis of a retirement benefit or pension from another retirement system or plan. This paragraph does not apply to military service. Section 18-173. Rollovers A. Direct transfers of eligible rollover distributions. 1. General. This subsection applies to distributions made on or after CODWO: Words in strilce through type are deletions from existing law; Words in underscore type are additions. Page 38 of63 S:\CA \PENSION\PO LlCE\Rc:statcmcnt OJ-Ol-06.doc DEPARTMENT OF MANAGEMENT SERVICES ''We serve those who serve Florida." JEB BUSH Governor Tom Lewis, Jr. Secretary MyAorida.com Division of Retirement Municipal Police Officers' & Firefighters' Retirement Trust Funds Office PO Box 3010 Tallahassee, Florida 32315-3010 Telephone: Toll Free: 877-RET-MPFP (877-738-6737) Local: 850-922-0667 Fax: 850-921-2161 Internet: wwwMyFloridacnm/fn;/mpf E-Mail: mpf@dms.myfI.orida.com L.AJi n \ U I , July 28, 2006 AUG - 2 2006 Ms. Bonni S, Jensen Hanson, Peny & Jensen, P. A. 400 Executive Center Drive, Suite 207 West Palm Beach, Florida 33401-2922 Dear Ms. Jensen: This is to acknowledge receipt of your July 7 letter with attached actuarial impact statement and final Ordinance No. 06-036 amending and revising the Police Officers' Retirement Plan. In reviewing the ordinance to determine compliance with the provisions of Chapter 185, F. S., please consider the following comments: Page 6, nwnber 4 "Creditable service," paragraph (~) states that no police officer will receive credit for years or fractional parts of yeas of service if he has withdrawn his contributions to the fund, unless the officer repays into the fund tb,e amount he has withdrawn, plus interest as determined by the board in accordance with s. 18-172. / Page 36, Section 18-172, provides for the "Buy Back of Service," and provides that a police officer may reinstate bis previous service upon the satisfaction of the following conditions: 1. The break in city employment is not more than 60 months. i/ This provision should be amended to comply with s. 185.02(5)(a), allowing the police officer to receive credit for any prior service as long as he repays his contribution, plus interest into the fund. He has at least 90 days after reemploY'..nent to make such repayment. There are no restrictions found in the statutes pertaining to breaks in emplo~ent. ~ Further, on page 37, paragraph B "Prior police officer service," provides that unless otherwise prohibited by law, the years or fractional parts of years that a police officer previously served as a police officer with the city during a j period of employment and for 'which accumulated contributions were withdrawn from the fund, or the years and fractional parts of years that a police officer served as a police officer for this or some other department or [service in the military] shall be added to the years of credited service provided that...the police officer contribute an amount actuarially determined such that the. crediting does not result in any cost to the fund. / Again, this provision should be amended in compliance with s, 185.02(5)(a) as explained above. July 28, 2006 Page 2 Paragraph B appears to include the purchase of prior [service in the military]; however, on page 38; at the very bottom of that section, under paragraph 4, there is a statement added which says, "This paragraph does not apply to military service." What is the intent of this sentence? /. Page 15, Section 18-167, "Powers of the Board of Trustees," paragraph c, appears to expand the Board's investment parameters from the statutory 50% to 65% for common or capital stock, but it restricts such inves1ments to d % of the outstanding common or capital stock of that company. This provision should be amended to comply with s. 185.06(1)(b)4b, which provides that the aggregate of such investment in anyone issuing company shall not exceed ~% of the outstanding common or capital stock of that company. The inves1ment parameters may be liberalized (with the exception of the 10% foreign restriction), but may not be ree;tricted below the statutory parameters. A similar provision is found above this language in paragraph (5), however, it appears to apply to obligations of municipal authority...or it may be a typo that OCCUlTed as this section was cut and pasted. At any rate, you may wish to review this whole section. . ~ Page 26, paragraph E, "Separation from Service," number 3, provides that effective October 1, 2002, if a member who bas been in the service of the City for at least 5 years elects to leave his accrued contributions in the fund, such police officer upon attaining what would have been his nonnal retirement had he liot terminated employment, may receive his accrued normal retirement benefit. ,~ (Ordinance No. 02-063). By the term "accrued normal retirement benefit" does this mean he will receive a monthly retirement benefit based on the normal or optional form selected by the member? H.s>w nop.~ th;s-Pl"ovision work in conjunction with Section 18-168. "Norrual Retirement.," ~hich provides that a member shall become eligible for a retirement benefit after 20 years of service, upon reacnmg age ::>5 wrtli I U years ot service, or age 50 with 15 years of service? - Please review and provide an explanation andlor a copy of the proposed ordinance making the necessary changes. ThaDk you for your cooperation and assistance in this matter. Sincerely, r9~~ J:,f)/~ Patricia F. Shoemaker Benefits Administrator Municipal Police Officers' and Firefighters' Retirement Funds pfs cc: Gary Chapman, Chairman Toby Athol, Secretary Barbara LaDue, Pension Administrator J. Stephen Palmquist, Plan Actuary Charles Slavin, Actuary, Division of Retirement y r~ SEGAL THE SEGAL COMPANY 2018 Powers Ferry Road. Suite 850 Atlanta, GA 30339-5003 T 678.306.3100 F 678.306.3190 lNWW.segalco.com August 15, 2007 Mr. Bill Mummert Director of Financial Services City of Boynton Beach 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Review of Proposed Police Officer Pension Plan Amendment which addresses changes outlined in the letter from the State dated July 28, 2006 Dear Bill: The following summarizes our review of the above proposed changes. Proposed changes: In the above noted letter, Patricia Shoemaker outlines certain plan provisions that require modification to bring the Plan into compliance with particular items of Chapter 185. These items include adjustment to certain investment parameters, details on rules associated with service buy backs and the benefit provided a terminated vested employee at retirement. Impact on plan funding: These changes are administrative in nature and are not anticipated to affect plan funding. Projection of required contributions: The proposed changes are not anticipated to affect required plan contributions. Please feel free to contact me at 678-306-3119 to discuss any of the above items. Sincerely, ~?/ Leon F. (Rocky) Joyner, Jr. Vice President and Actuary 6107562v1/07011.002 Benefits, Compensation and HR Consulting ATLANTA BOSTON CALGARY CHICAGO CLEVELAND DENVER HARTFORD HOUSTON LOS ANGELES MINNEAPOLIS NEW ORLEANS NEW YORK PHILADELPHIA PHOENIX PRINCETON RALEIGH SAN FRANCISCO TORONTO WASHINGTON. D.C )tf..~". Multinational Group of Actuaries and Consultants BARCELONA BRUSSELS DUBLIN GENEVA HAMBURG JOHANNESBURG LONDON MELBOURNE A rjjoc MEXICO CITY OSLO PARIS GRS Gabriel Roeder Smith & Company Consultants & Actuaries 301 East Las Olas Blvd. Suite 200 Ft. Lauderdale, FL 33301-2254 954.527.1616 phone 954.525.0083 fax www.gabrielroeder.com December 1,2006 ,'-';; --~~.~~.:,~{-{~.:~~\ ..........--:::;, II ,U \o~ .\ '.'\ .-----;;.:' @ \i'" u '_r___'.\ \ \ '; \ 0'"'''''''' ~~' \\.n e::;.--"'" \.1,' \'" \ \ " '-' ,,' . " I \, 1,""\ \ ~ ____-~ i \ \ I , \ \ \. r-" " '. ~. , \ ' _.' j ?r\r\c , "".... ~ \ ,........ ~ \)\j\J '\'\f":\. <"(" - I), - " \ \ "I II"'\. I .\\ \ \. \)'-' .----:-:\ . '.' ," -' . ,. I,"" '~\ ......__.._"\\,,'.1(:'C\~ \'.h. , \ __~_.~.. .-.', i V . .\ '\....f "'- ~..... \, \........-.., nr~'C~ ~:\ '\ t:J.... ':..._---...- \ . "" (..~'h~ t' T,_t ',- _,-.......- , 'r-~~\\....t ~l -, - --..... \\..,! :':~.;~~..:'~."'~.'-~ ....- BonniS.Jensen, Esq. Hanson, Perry & Jensen, P.A. 400 Executive Center Drive, Suite 207 West Palm Beach, Florida 33401-2922 Re: Boynton Beach Police Officers Pension Fund Dear Bonni: We have reviewed the draft of the amendment that addresses changes outlined in the letter by Trish Shoemaker dated July 28, 2006. It is our opinion that the proposed changes included in the document will have no actuarial impact on the Fund. W.e welcome your questions and comments. Sincerely yours, ~p~ J. Stephen Palmquist 0 JSP/rb cc: Barbara LaDue 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 City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 21, 2007 August 6, 2007 ONoon.) 0 October 16, 2007 October I, 2007 ONoon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon) 0 September 18,2007 September 3, 2007 ONoon) 0 November 20, 2007 November 5, 2007 (Noon) ~ October 2, 2007 September 17, 2007 ONoon) 0 December 4, 2007 November 19,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve an Ordinance amending Chapter 23 of the Code of Ordinances of the City of Boynton Beach by adding a new division 4 to impose a ten (10%) percent utility tax on the purchase of water service within the City. EXPLANATION: The City of Boynton Beach is authorized to levy a Public Service Tax on the purchase of water service within the City, pursuant to Chapter 166.231 Florida Statutes. The City has not increased or expended the scope of utilities subject to public services since 1989 when it fIrst levied a service tax on electrical, fuel, and gas but not on water services. The City Commission has determined that the Public Service Tax on water should be established at ten (10%) percent. PROGRAM IMP ACT: Since the City already imposes a Public Service Tax on the utilities, the addition of water as a taxable category will have no significant program impact. FISCAL IMPACT: The levy of the Public Service Tax on water will generate additional tax revenue to the City. AL TERNA TIVES: Impose no Public Service Tax or a Public Service Tax less than 10 percent. \c Department Head's Signature Assistant to City Manager ~ City Attorney Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 23, ARTICLE II OF THE 5 CODE OF ORDINANCES OF THE CITY OF BOYNTON 6 BEACH, ENTITLED "PUBLIC SERVICE TAX" BY ADDING 7 A NEW DIVISION 4 TO IMPOSE A TEN PERCENT (10%) 8 UTILITY TAX ON THE PURCHASE OF WATER SERVICE 9 WITHIN THE CITY; PROVIDING FOR A.~ EFFECTIVE 10 DATE OF THE LEVY, SEVERABILITY, CONFLICT, 11 CODIFICATION AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach is charged with 14 protecting and preserving the public health, safety and welfare of the citizens, residents and 1 5 guests of the City of Boynton Beach; and 16 WHEREAS, the City of Boynton Beach (the "City"), a municipal corporation organized 17 and operating under the laws of the State of Florida, desires to levy a public utility tax on the 18 I I purchase of water service within the City, as authorized by the provisions of Chapter ] 06 and 19 203, Florida Statutes; and 20 WHEREAS, the City has not increased or expended the scope of utilities subject to 21 public services taxes since 1989 when it first levied a service tax on electrical, fuel, and gas, but 22 not on water services; and 23 WHEREAS, the City Commission has determined that the Public Utility Tax should be 24 established at ten percent (10%) of the payments received by the seller of the taxable item from 25 the purchaser of any water service as authorized by Chapter 166 , Florida Statutes; and 26 WHEREAS, the City Commission has detem1ined that the public health. safety and 27 welfare requires that said utility tax be imposed in order to maintain effective and efficient 28 services and defray the cost thereof. 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CODING: Words in strike through type are deletions from existing law; Words in underscored type are additions. Page 1 of 4 1 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clause is true and correct and ratified and confirmed by the City Commission. Section 2. Article II, Public Service Tax, of Chapter 23 of the Code of Ord of the City of Boynton Beach, Florida is hereby amended to add a new Division 4, to follows: DIVISION 4 WATER SERVICE SECTION 23.100 LEVIED. Effective April L 2008, there is hereby imposed and levied upon each and every purchase of water service within the City a tax in the amount specified in section 23.101 hereof, to be collected as hereinafter provided. SECTION 23.101 AMOUNT OF TAX. There is hereby levied and imposed by the City, upon every purchase of water services in the corporate limits of the City, included in or reflected by the authorized utility franchisee to the purchaser hereunder, a tax of ten (10) percent. The total amount of taxes due pursuant to this section shall be computed to the nearest whole cent. SECTION 23.102 APPLICATION OF TAX. The tax hereby imposed and levied shall apply to the purchase of water service, furnished periodically after installation or connection and shall not be applicable to installation costs, meter deposits, deposits guaranteeing payment or other charges made by the authorized utility franchisee for availability of service to the consumer. - ---- - - SECTION 23.103. CITY'S RESPONSIBILITY. The City is required and it shall be its duty to render to each purchaser, bills at least once a month, covering all the purchases of water service, and the amount of the tax imposed hereunder shall be entered and shown by it as a separate item on each such bill and shall become due and payable to the City whenever such bill becomes due and payable to the City. Each such bill shall include purchases applicable to but one (1) location, or to but one (1) family or business where more than one (1) family or business uses separate CODING: Words in strike through type are deletions from existing law; Words in underscored type are additions. Page 2 of 4 2 hereby 3 4 5 mances 6 read as 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 I I metered services at one (l) location in the corporate limits ofthe City. SECTION 23.104 FUEL ADJUSTMENT CHARGE. The tax imposed by this article shall not be applied against any fuel adiustment charge, and such charge shall be separately stated on each bill. Fuel adiustment charge shall mean all increases in the cost of utility service to the ultimate consumer resulting from an increase in the cost of fuel to the utility subsequent to October 1, 1973. SECTION 23.105 COLLECTION OF TAX. The authorized utility franchisee is hereby authorized and required and it shall be its duty to collect the tax imposed hereunder from such purchaser at the time of payment of each such bill. and to report and pay over, on or before the 20th of each fiscal month to the City, all such taxes levied and collected during the preceding fiscal month. The Citv manager of the City shall cause to be brought all suits and actions and to take all proceedings in the name of the City as may be necessary for the recovery of such tax. SECTION 23.106 PAYMENT OF TAX. The purchaser is required and it shall be the purchaser's duty to pay the tax imposed I hereunder to the authorized utility franchisee as agent for the City at the time of payment of each such bill. I SECTION 23.107 FAILURE TO PAY TAX. (a) It shall be unlawful for any purchaser of water services to evade the payment ofthe tax imposed herein or any part thereof, or to fail or neglect to pav such tax within thirty (30) days after same has become due and payable. (b) If the purchaser shall fail, neglect or refuse to pay such tax, the Citv is hereby empowered to discontinue to make any further sales or to render any further water service to the purchaser until the total amount, including such tax as is imposed hereunder, shown upon such bill has been paid in full, provided that such discontinuation of water service shall only occur when the procedures required by City regulations and State law have been satisfied. SECTION 23. 1 08 CONFORMANCE WITH STATE LAW It is the City's intent by the adoption of this regulation to impose no more than the maximum public service tax authorized by Chapter 166, Florida Statutes. In the event of a conflict with any provisions of Chapter 166 and these regulations the provision of Chanter 166 shall control and these reQ1]lations shall be intemreted to conform with the orovisions of state statute. CODING: Words in strike through type are deletions from existing law; Words in underscored type are additions. Page 3 of4 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 17 18 19 20 21 22 23 24 25 26 27 _~_8~ 1--_ 29 30 31 32 33 ATTEST: 34 35 36 37 1 2 3 4 5 6 7 8 9 SECTION 23.109 GRANT OF AUTHORITY TO ADMINISTER TAX The City Manager is granted authority to enact administrative regulations and procedures to implement the billing, collection and enforcement of the water service tax, provided the regulations and procedures are consistent with the procedures and regulations required by state law. All administrative procedures and regulations shall be in writing and the form and substance approved by the City Attorney. Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are 10 hereby repealed to the extent of such conflict. 11 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be 12 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no 13 way affect the validity of the remaining portions of this Ordinance. 14 Section 5. This ordinance shall become effective as provided by law. 1 5 Passed on the first reading, this day of ,2007. 16 Passed on the second reading, this day of ,2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy Janet M. Prainito, CMC City Clerk (Corporate Seal) CODING: Words in strike through type are deletions from existing law; Words in underscored type are additions. Page 4 of 4