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Agenda 02-05-08 The City of Boynton B 100 E. Boynton Beach Boulevard. (561) 742-6000 a",,> .,. ......""",. j. h City Commission REVISED AGENDA FEBRUARY 5, 2008 Jerry Taylor Mayor - At Large Kurt Bressner City Manager DISTRI T I Jose Rodriguez Vice Mayor Ron Weiland Commissioner - District I Woodrow Hay Commissioner - District II Marlene Ross Commissioner - District IV James Cherot 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 pr~sentation 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 MEEnNG REVISED AGENDA February 5, 2008 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Greg Fitch, Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross 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: None B. Community and Special Events: None C. Presentations: 1. Proclamations None 2. Presentation of the American Assembly Infrastructure Sub-Committee. Revised Agenda Regular City Commission Boynton Beach, FL February 5, 2008 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 Jon Blehar as an alternate member of the Planning and Development Board. B. Appoi ntments: Appointment Length of Term To Be Made Board Expiration Date III Rodriguez Arts Commission Alt 1 yr term to 12/08 IV Ross Arts Commission Alt 1 yr term to 12/08 II Hay Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 II II Rodriguez Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (2) I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 I Weiland Code Compliance Board Reg 3 yr term to 12/10 IV Ross Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) III Rodriguez Community Relations Board Alt 3 yr term to 12/10 III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/09 Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (3) I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (3) II Hay Education & Youth Advisory Board Stu N/V 1 yr term to 12/08 Tabled (3) I Weiland Library Board Alt 1 yr term to 12/08 II Hay Library Board Alt 1 yr term to 12/08 Weiland Planning & Development Bd. Alt 1 yr term to 12/08 Tabled (2) II Hay Senior Advisory Bd Alt 1 yr term to 12/08 III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/08 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 2 Revised Agenda Regular City Commission Boynton Beach, FL February 5, 2008 1. Regular City Commission - January 15, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Approve a piggyback of Orange County, FL, Bid #Y-7-1053-JS to Flygt Pumps, and Palm Beach County, contract #04191C to Florida Bering, Inc. of West Palm Beach, FL for an annual program to replace submersible pumps at various lift stations over a period of "10 Year Change Out Program". Total anticipated expenditure for the year is $200,000. C. Resolutions 1. Proposed Resolution No. R08-0l5 RE: Approving and authorizing execution of Task Order No. #07-19-1 with URS Corporation for engineering services related to potable water main and stormwater improvements in the Lake Boynton Estates subdivision. The total expenditure is $206,933. 2. Proposed Resolution No. R08-0l6 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Raymond & Lois Marcinkoski Trust for the property at 1053 Highland Rd., Lantana, FL. 3. Proposed Resolution No. R08-0l7 RE: Approving and authorizing (1) the bond financing team to prepare necessary documents for the bond financing of the FY 2007-2008 capital projects approved by the Commission for the Utility System, (2) selecting Citigroup Global Markets Inc. as underwriter of the proposed bonds, and (3) expressing intent to reimburse prior expenditures from the bond proceeds. 4. Proposed Resolution No. R08-0l8 RE: Approving the City's intent to use the Uniform Method for the collection of a non ad valorem special fire assessment, but not requiring the City to impose a special assessment.. 5. Proposed Resolution No. R08-0l9 RE: Approving and authorizing approval of the scope of services for the continuation/updating of the fiscal year 2008-09 Fire Assessment Work Plan with Government Services Group, Inc. in the amount of $58,000. 6. Proposed Resolution No. R08-020 RE: Ratifying the action taken by the South Central Regional Wastewater Treatment and Disposal Board on January 17, 2008 as follows: a. Authorization to expend up to $50,000 on miscellaneous items (soil and concrete testing, permit and legal issues) 3 Revised Agenda Regular City Commission Boynton Beach, FL February 5, 2008 for construction of 24-MGD Reuse Expansion. Cost to be split 50/50 from Cities' Capital Fund. b. Authorization to increase JJ Kirlin's contract for construction of the 24-MGD Reuse Expansion with Change Order 1 by $994,278.22 increasing the total contract from $9,912,500 to $10,906,778.22. Cost to be split 50/50 from each City's Capital Funds. c. Authorization to decrease JJ Kirlin's contract for constructing the 6-MGD Reuse Expansion with Change Order No.2 by $4,319 decreasing the total contract from $5,413,322 to $5,409,003. Amount to be split 50/50 from each City's Capital Funds. D. Authorizing application for funding towards the development of Congress Avenue Community Park, from the Department of Environmental Protection 2007/08 Land and Water Conservation Fund Program. E. Authorizing the use of $500 from Mayor Taylor's Community Investment Funds for the Boynton Beach All-Star Cheerleading squad for two teams of 32 cheerleaders to help defray competition expenses. F. Approve the Special Warranty Deed and Quitclaim Deed, both prepared on behalf of Boynton Development Associates, II. LLC, subject to City Staff approval of the legal description of the referenced parcels. 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. Chow Hut (SPTE 08-002) Anthony Mauro, 558 Gateway Blvd., LLC Anthony Mauro 558 East Gateway Boulevard Request for a second one-year time extension for the major site plan modification (05-007) approved on November 1, 2005, further extending approval from November 1, 2007 to November 1, 2008. IX. CITY MANAGER'S REPORT: A. Project: Agent: Owner: Location: Description: 4 Revised Agenda Regular City Commission Boynton Beach, FL February 5, 2008 A. Review and approve FY2009 federal appropriation submittals. B. Discussion of Possible Conveyance of Galaxy Park to School District to Assist with Reconstruction of Galaxy School. C. Recommended Procedure for Sale or Conveyance to the CRA of Property Owned by the City in the Heart of Boynton. D. Review and approve implementation of marketing plan for volunteerism and the City's advisory boards. X. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School - February, 2008 B. Recommendations and Action Plan on City Green Task Force - February 19, 2008 C. Discussion of funding electronic agenda software XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-002 RE: Amending Part III, Land Development Regulations, Chapter 20, Buildings, Housing and construction Regulations, Article I, in general by amended Section 4, Fees, Subparagraph a; providing for building division fees. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-003 RE: Amending Article I of Chapter 2 and Section 2-13.2(b) relating to the Community Redevelopment Agency to provide for new boundaries. D. Resolutions: None E. Other: 5 Revised Agenda Regular City Commission Boynton Beach, FL February 5, 2008 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 MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST "TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Revised Agenda 1/31/08 5:00 p.m. S:\CC\WP\CCAGENDA\AGENDAS\year 2008\020508 Revised.doc 6 lP \0L~"Y .0\ 0\ .. .)0 J../V . ~<v'V" "'ON ~ :II.-ANNOUNCEMENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office 0 December 18, 2007 December 3,2007 (Noon) 0 February 19, 2008 February 4, 2008 (Noon) 0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) 0 January 15,2008 December 31, 2007 (Noon) 0 March 18,2008 March 3, 2008 (Noon) [8] February 5, 2008 January 14,2008 (Noon) 0 April 1, 2008 March 17,2008 (Noon) [8] Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: Presentation of the American Assembly Implementation Infrastructure Sub-Committee. EXPLANA nON: At the December 18, 2007 City Commission meeting a schedule of presentations from the Boynton Beach Assembly: Committing to our Future was approved. The schedule is as follows: Communications and Governance Education Infrastructure Neighborhood Revitalization/Affordable Housing Community Relations Wrap-up by Commission January 2, 2008 January 15,2008 February 5, 2008 February 19,2008 March 4, 2008 March 18,2008 Complete Complete PROGRAM IMPACT: Depending on the sub-committee reports there are new programs and staff additions recommended. FISCAL IMPACT: No funds have been budgeted pending review and approval of the sub-committee recommendations. AL TERNA TIVES: This is an informational briefing. ~~ City Manager's Signature Assistant to City Manager ~ City Manager's Office Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC Boynton Beach Assembly 2007 INFRASTRUCTURE Sub-Committee Assignments Taken from Policy Statement Document. INFRASTRUCTURE - Public buildings, facilities and utilities are an integral part of this work. Traffic issues were a substantial item of discussion also, so much that the Assembly recommended that the City hire a traffic planner. Parks and Recreation can be folded into this group since the Assembly acknowledged that the master planning efforts of the City were good. AssiQnments for Infrastructure: Boynton Beach, like many other older municipalities in South Florida, faces a dual challenge: repairing or replacing aging infrastructure that is decaying, outdated, or inadequate to keep up with the demands of a growing population and providing services and facilities for new residential and commercial development. Planning efforts, funding, and human resources must be carefully balanced if the City is to succeed on both fronts. Inform the public that the City's infrastructure is aging and significant investments will soon be needed. Action Item: Suggest ways the public can be kept informed of infrastructure needs and improvements. Water. (Resource Information) In general, Boynton Beach is doing a very good job in dealing with water issues. The City is addressing potable water demands to assure that the City has adequate supplies through 2025. However, the City does face two issues involving wastewater treatment and disposal that must eventually be resolved. Boynton Beach will eventually be prohibited from pumping wastewater offshore at the present location. Boynton Beach and Delray Beach must work together to find alternatives to ocean outfall from the communities' wastewater treatment plant. The two cities' wastewater will either have to be pumped further out from shore, injected into deep wells, reused, or a combination thereof. All options will be expensive. The South Florida Water Management District, as part of the City's water consumptive use permit, is calling on Boynton Beach to increase wastewater reuse for irrigation. This requirement is not unique to Boynton Beach. The main expense here is for the pipes to distribute the recycled water and to provide storage facilities for the recycled water until it can be used for non-potable purposes. Roads. The majority of roads leading into and within the limits of Boynton Beach fall under the jurisdiction of the State of Florida and Palm Beach County. The City's Division of Roads and Streets is responsible for asphalt and concrete restoration, street sweeping, bridge restoration and guardrails, filling potholes, repairing road edges, and replacing street signs. Action Item: Evaluate the hiring of an urban planner with expertise in transportation, parking, intermodal transfers, and the like. A person with these skills is needed to study and document transportation issues in Boynton Beach, and to negotiate with state agencies, the County, and other municipalities. Action Item: Evaluate where the streetscape program can and should be expanded to support the economic-development requirements discussed above. The plans should assure adequate capital funding for maintenance of pavements, sidewalks, streetlights, and landscaping. When City-maintained roads are reconstructed, community involvement should be solicited so that the work considers community needs and preferences. Collector roads should be the priority. The City should work with Palm Beach County to optimize traffic signal timing coordination. Public Transportation. Palm Tran, Tri-Rail, and other public transportation services are a valuable resource for those seeking an alternative to driving or who do not have access to an automobile. Action Item: The Committee should develop strategies to encourage Palm Tran to consider adding an east west connection on Boynton Beach Boulevard from State Road 7 to the beaches. It could be partially self-supporting through fees from riders. Action Item: Develop strategies for expanding the trolley system, which is currently supported by the CRA. Action Item: Evaluate the expansion of the Shopper Hopper and the publicizing of its connections. Action Item: Evaluate the establishment of a municipal parking authority and the creation of parking facilities that satisfy local parking demand and function as transportation hubs. Action Item: Evaluate means of developing support for a dedicated funding source for regional transit. Parks and Recreation. Well-maintained and conveniently located parks and recreational facilities make a significant contribution to the quality of life within a city. a. The City does a very good job of maintaining its existing parks and recreational facilities. The current advisory board is functioning well, and the staff are competent and proactive. b. Community involvement can be encouraged by holding functions and public meetings in Boynton Beach parks. Action Item: Study the feasibility of a beach and parks assessment. Action Item: Evaluate the expansion of the greenway system and its connectivity. While focusing on particular assets and targets of opportunity, the City should take steps to improve the community's overall appearance and safety. To improve safety, suggest ways to improve infrastructure and expand street lighting to all intersections, hazardous locations, and to high crime areas identified by the Police Department. Action Item: To improve appearance, suggest ways to: a. Improve and maintain the City's streetscapes and lobby the County to assume responsibility for funding streetscaping of all of the county roads in the City. b. Encourage outside agencies and corporations (FPL, Bell South, Palm Tran, etc.) to complete repairs and clean up their debris. c. Improve bus stops. d. Provide more trash containers. e. Enforce cleanup of construction sites. .Mawin .N atIum !iJtltz 11166 S~.fDM, fiJtupttM. .1kac4, ~.e 33437 561..742-5786 mnMitI.z@&U,6Ut#lnet July 6, 2007 Ms. Carjsse LeJeune Assistant to the City manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Infrastructure Sub Committee Report to the implementation Team . . Dear. Ms. Lejeune; On behalf of each of the members of the Infrastructure Sub Committee which was recently appointed by the City Commission, it is my pleasure to present to the Implementation Team our completed and final report of findings and recommendations. This final report is the result of a diligent effort on the part of the Infrastructure Sub Committee to provide to the Implementation Team and ultimately the City Commission as complete and accurate appraIsal of the Issues as possible. This was a challenging task, and the end result is a document that represents the unanimous endorsement of the entire Infrastructure Sub Committee. Please be kind enough to forward our report to the appropriate Implementation Team members, and should anyone involved in this program have any questions, comments or suggestions please feel free to have them contact anyone of our committee members for follow-up. The committee would also like to thank Peter Mazzella, Jeffrey Uvergood and Christopher Roschek for the generous amount of time and counsel they provided to the committee. Their efforts were greatly appreciated. Please give our very best wishes to the Mayor, the City Manager a10ng with the members of the City Commfssion and extend our thank you from the entire committee for the opportunity to work on this project. RECOMMENDATIONS OF THE INFRASTRUCTURE SUB-COMMITTEE July 6, 2001 Water: Boynton has done excellent engineering to fulfill the City's water needs. Long-term planning is still necessary to insure a sufficient supply of water during extreme droughts. Currently, customers that use over 30,000 gallons per month consume 36% of the water despite being only 7% of the population. Adjusting the price structure would help to both conserve water and generate funds for alternative water supply sources in the future. To achieve these goals we recommend: 1. Keeping the inverted rate structure which increases the price of water as users move into higher levels of consumption. 2. Increasing prices in order to bring Boynton's rates in line with other municipalities. To achieve this we recommend increasing rates by 100/0 in addition to the changes proposed by the CH2M Hill report. 3. Retain drought slU'Charges and increase the rate even more for high water users. Current rates increase equally for all users as we move from Phase I to Phase N. We recommend rates increase more dramatically for high users. For example, Phase II rates currently increase by 30% for all users. We suggest rates should increase by 400/0, 600h and 8()G1O for users over 10,000,30,000 and 50,000 gallons, respectively. This would increase conservation and generate funds for alterna~ive water supply sources. 4. The Infrastructure Committee believes the referenced rate increases should be used to build sufficient reserves in the Utility Fund to Construct alternative water supply sources in the future that may not be known or planned at this time. It is our belief that future water improvements should be financed by both present and future water users. A mechanism to refund the reserves to the ratepayers should be developed should future policy makers deem the reserves no longer necessary. Roads: Currently our 200 + miles of road are maintained with an annual budget of $400,000. We believe this funding level has been inadequate to maintain our roads. We recommend: 1. More funds should be allocated to road improvement, maintenance and beautification, especially in the eRA district. 2. Rather than hire an urban planner, reassess the logic of having a ''Traffic Concurrency Exception Area." High density allowed in the downtown should require some local level of road concurrency with particular attention paid to intersection capacity. 3. Streetscape programs should be initiated in areas where new development is desired but seems to have stagnated. Taking the lead on improving areas such as MLK and North Federal Highway will encourage redevelopment by showing the City's pride and commitment to improving these areas. Public Transportation: This is challenging for the City to address because of limited influence over Palm Tran and because Floridians' travel patterns resist public transportation. Our recommendations are: 1. Form a working coouriittee of citizens, businesses, and City and eRA staff that continuously evaluates the parking needs in the Central Business District and other traffic needs and concerns city-wide. This committee shall develop parking schemes that best utilize fimding mechanisms such as meters, while balancing the delicate nature of parking demand and space use and allocation. This committee, while it is not recommended that it be a standing Board, shall make recommendations on all matters involving City Code changes. 2. Encourage Palm Tran to establish a simple grid system that puts buses on the major northlsouthand east/west roadways. For example, a single bus route would be dedicated to just travel east and west on Boynton Beach Boulevard. Similar bus routes would be established on other major east/west roads like Atlantic Avenue and Lake Worth Road and on north/south roads like Federal Highway, Congress and Military Trail. This type of system would be easy to understand and would enable riders to move throughout the county with no more than two transfers. Developers of affordable housing would have an incentive to build along these major routes and rider-ship would increase with time. 3. Private shuttle buses should be used to connect the hospital, mall and other major destinations with Palm Tran. Trolley service could be offered to perform this connection if the cost was paid for by the private sector. 4. The Shopper Hopper duplicates a service that is now offered by Palm Tran Connection. Consider eliminating the Shopper Hopper and evaluate other means whereby both low-income and elderly Boynton Beach residents can achieve personal mobility at minimal expense to the City. 2 5. A simpler and more useful Trolley route system should be developed. Trolleys should only be run along major corridors and kept within the eRA district and the beach. 6. Bus stops need to be improved. We recommend partnering with Palm Tran (matching funds are available) to construct bus shelters that do not have advertising. This bas been done successfully in Boca Raton and Delray Beach. Shelters without advertising are preferred because they will help beautify the downtown. 7. Downtown parking is becoming a problem (example: the marina area). The parking committee recommended above should work to develop a long tenn plan for the downtown. Other suggestions include: a. Install parldng meters downtown and along Federal Highway to generate funds to meet future parking needs. Federal Highway meters will also discourage illegal, overnight parking. b. Secure a downtown parcel that will serve as a parking lot and be large enough to accommodate a parking garage in the future. c. Use eRA monies or Parking Fee-in-lieu funds to land bank smaller lots along Federal Highway for use as smaIl parking areas. Foods collected by the City from developers in lieu of providing parking should be commensurate with the cost of constructing decked parking spaces. This would encourage restaurants and other desirable retail businesses to locate in these areas by providing relief to City requirements to construct on-site parking. Encourage their use by western residents as a way to catch the trolley to the beach along with the benefit of bringing visitors to our downtown. Parks and Recreation: The park system is extensive and well funded. The City does a good job with its parks. We recommend: 1. That an assessment for beaches and parks not be added through property taxes as parks are not used by all residents. Inst~ we suggest the following. a. Adopt a policy of making the Oceanfront Park self-sufficient through user fees. This could be achieved by using new and innovative approaches to parking fees including: prorating the decal fee to encourage summer use or developing a parking meter system that could replace the attendant. Also, explore having an umbrella concession like the one used in Delray Beach to provide a service while generating revenue. 3 b. Parking meters should be installed in city parks that have heavy dP.tT\9nd as a way to collect fees ftom users. 2. City staff is working to expand the greenway system. We suggest the major roadways be treated as greenways and that. wCl'k is done to i.mp.-uve their appearance, safety and the oormectivity of their bike lanes. Appearuee ..d Safety: The action items weier this category included addressing the problems with things such as: street lighting; streetscapes, getting FPL to complete repairs and to bury lines; working with Palm Tran to improve bus stops and trash cans; cleaning up construction sites and other code violations. Everybody agrees that these are problems that have continued for a very long time. What is needed is a person to work full time on these issues. Our recommendation is: 1. Hire a full-time eRA staff person whose sole responsibility would be to work to improve the appearance and safety of our downtown. This person would do thinf}q like: contact code enforcement to report violations, work with FPL to get poles repaired and street lights replaced, notify OOT about signs and curbs needing repair, work with Palm Tran to get new bus shelters, convince Florida East Coast Railroad to have the cement railroad ties once used as barriers removed, eW... Many good things could be accomplished by a. motivated person in this position. It would be important that they have an eye for aesthetics and the ability to work well with others agencies. If successful in the CRA district, this program could be expanded throughout the City. Respectfully submitte<L Marvin Nathan Blitz, Chairman Jay Lehman Herb Suss, Vice Chairman Robert Taylor Steve Homrich Frank Lindsay Stan Nitkowski E~ Officio members: Peter Mazzella Jeffrey Livergood Christopher Roschek 4 STATUS UPDATE ON SUB-COMMITTEE ACTION ITEMS THAT HAVE BEEN OR ARE BEING ADDRESSED BY THE CITY AND CRA Infrastructure · Increasing prices in order to bring Boynton's water usage rates in line with other municipalities. To achieve this we recommend increasing rates by 10% in addition to the changes proposed by the CH2M Hill report. o At the October 16, 2007 City Commission meeting, the Commission approved on second reading, an amendment to Chapter 23 of the Code of Ordinances to impose a 10% utility tax on the purchase of water service within the City. · Streetscape programs should be initiated in areas where new development is desired but seems to have stagnated. Taking the lead on improving areas such as MLK and N. Fed. Hwy will encourage redevelopment by showing the City's pride and commitment to improving these areas. o The Boynton Beach CRA currently has two programs in the areas of MLK and N. Fed. Hwy that assist owners in improving their properties. One is the Commercial Fac;ade Improvement Grant program that assists local business in improving the exterior of their building. The other is the HOB Residential Improvement Program that assists homeowners in the HOB area (MLK & N. Fed. Hwy) with residential repairs. . Adopt a policy of making the Oceanfront Park self-sufficient through user fee. This could be achieved by using new and innovative approaches to parking fees including: prorating the decal fee to encourage summer use or developing a parking meter system that could replace the attendant. o There currently exists in the CIP 2007/2008 budget funds for an automated parking system at the Oceanfront Park. V. ADMINISTRATIVE ITEM A. 20 Farnworth Drive Boynton Beach, Florida 33426 January 17, 2008 n 0 "-I 0:> ~-< '- -<0 :r:- o""T1 Z N ;-co rrlo w :::?-< J> .;.~z (J).~ ::E: 0 o~ ...... - 'leD .. 2:!fT1 w n:> -.J fT1('") :I: Attn: The Honorable Jerry Taylor, Mayor City Clerk's Office City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 RE: Appointment to Planning & Development Board Dear Mr. Taylor: I received your letter of December 5,2007, informing me of my reappointment to serve as an Alternate Member of the Planning & Development Board until December 2008. Unfortunately, I will not be able to take this position due to continuing travel demands resulting from my architecture firm's business. Please accept my resignation and forward it to the City Commission, the Planning & Zoning Director and to the Planning & Development Board itself. enjoyed my service to the City, and certainly hope that I was able to make a positive impact on the Board. You rS-tt111 y .----- //" ;/' ., ---.~ r/~~.. y~. .---.--/>,. 71~~~~. - on B. Blehar, A.I.A., ArchItect :.. _;~F':~_, 'CCI Mike Rumpf, P & Z, Director CBBL02 V. ADMINISTRATIVE ITEM B. APPLICANT ELIGIBLE FOR APPOINTMENT 02/05/08 Last Name First Name 1 st Choice 20a Choice 3ra Choice Cook Dana Arts Commission Dwork Jonathan Planning & Dev. Bd. Miller Brian Community Redev. Agency Norfus Victor Planning & Dev Bd. Poznak William Planning & Dev Bd. 1 VI.-CONSENT AGENDA ITEM B.l 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 Turned in to City Clerk's Office o December 18, 2007 o o I:8J December 3, 2007 (Noon) o February 19,2008 o o o February 4,2008 (Noon) January 2, 2008 December 17, 2007 (Noon) March 4, 2008 February 19,2008 (Noon) January 15, 2008 December 31, 2007 (Noon) March 18,2008 March 3, 2008 (Noon) February 5, 2008 January 14, 2008 (Noon) April 1, 2008 March 17,2008 (Noon) C) CO c.... :Do City Manager's Report :z: ("') n:::; :::;-< -<0 'J -., :n ,-r'J 0 .c- 70 -< AZ cn-f o 0::;;:: '1 ."m -rrt en ~:t> n RECOMMENDATION: A motion to approve a piggy-back of Orange County, Florida, Bid # Y-7-l053-JS m Flygt Pumps, and Palm Beach County, contract #04191C to Florida Bearing, Inc. of West Palm Beach, Florida for an annual program to replace submersible pumps at various lift stations over a period of "10 Year Change Out Program". Total anticipated expenditure for the year is $200.000.00. NATURE OF AGENDA ITEM o o I:8J o o Administrative Announcements/Presentations o o o o o New Business Consent Agenda Legal Unfinished Business -0 :::::I: N .. Code Compliance & Legal Settlements Public Hearing EXPLANATION: The Utilities Department has an annual program for replacing submersible pumps at various lift stations. The pump replacements are on a 10-year change out due to life cycle costs and maintenance criteria. The Utilities Department also has a pump shop where they pull submersible pumps on a maintenance program, refurbish the pump and then install it back at the station. If pumps cannot be repaired in the pump shop they are sent to the manufacturer for repairs. This expenditure is as follows: ITT Flygt of Apopka, Florida in the amount of $50,000.00 and Florida Bearing, Inc. of West Palm Beach, Florida in the amount of $100,000.00 and $50,000.00 to be allocated for parts and repairs between the two companies. Phase I of this program for this year will be an estimated expenditure of approximately $30,000.00. PROGRAM IMPACT: It is paramount that our pumps are maintained on a regular basis in order to provide satisfactory services. FISCAL IMP ACT: Account#: 403-5000-590-96.04 401-2816-536-52.75 Bude:eted Amount: $150,000.00 $ 50,000.00 $200,000.00 ALTERNATIVES: Not maintain pumps on a regular basis and replace pumps as they go down. Last Year's Expenditure: $137,000.00 plus repairs and parts $48,000.00 = $185,000.00 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC X: Barbara Conboy - Utilities Administrative Manager Tony Lombardi - Utilities Manager File CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM / ~gnal"" ~~ SIBULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC X: Barbara Conboy - Utilities Administrative Manager Tony Lombardi - Utilities Manager File Memorandum Utilities #08-04 RECEI\'ED JAN 0 9 20~ PRoc~t~ ~ To: Carol Doppler Purchasing Agent IC"\ c Kofi Boateng, PE. ~r jj,JtIJ\-- - y4 Utility Director (\ '.. i / \ I B \ b'G, From: Date: January 7, 2008 Subject: Piggy-back Orange County Bid # Y7 -1 053-JS Piggy-back Palm Beach County Term Contract #04191C Submersible Wastewater Pumps Agenda Item The Utility Department's Wastewater Pumping Stations Division would like to piggyback the following bids: Orange County Florida Bid Y7-1053 - JS, Flygt Pumps, Parts and Repairs which was awarded to ITT Flygt of Apopka, Florida on July 7,2007 and Palm Beach County Florida contract #04191 C which was awarded to Florida Bearing, Inc. of West Palm Beach, Florida on December 1, 2007. Copies of each bid are attached. The Utilities Department has an annual program for replacing submersible pumps at various lift stations. The pump replacements are on a 1 O-year change out due to life cycle costs and maintenance criteria. The Utilities Department also has a pump shop where they pull submersible pumps on a maintenance program, refurbish the pump and than install it back at the station. If pumps can not be repaired in the pump shop they are sent to the manufacturer for repairs. The Department anticipates spending an estimated annual amount of $200,000.00 dollars in these programs. Funds are available in the following accounts, $150,000.00 in account # 403-5000-590-96.04 SWR075 and $50,000.00 in account # 401-2816-536-52.75. Please present this at the next City Commission meeting for their approval. If you have any questions please contact me at ext. 6401 or Tony Lombardi at ext. 6421. Thank you. TL:kb Attachments XC: Pete Mazzella ~\L ';,L Michael Low \\"\0,,," Tony Lombardi \.~f.I ,. ~ Dan Spooner ''JY Barb Conboy r7-0~ JAN. 7.2008 12:36PM ITT FLYGT NO, 929 t' I TT Steve Kiss Sale$ R.epresentative lIT Flygt, LLC 1730 Tenth Straet W Riviera Beach. FL 33404 T~I 561 848 1200 FaX 561 84S 1299 st@v@,klss@ltt,com January 7,2008 Mr. Anthony Lombardi Maintenance Manager City of Boynton Beach Utility Department 124 Woolbright Road Boynton Beach~ FL 33435 Dear Tony: ITT Flygt Corporation will allow the City of Boynton Beach to use the same pricing as Orange Cormty, Florida as found in their tenn contract Y7 -1 053-JS This pricing will be held through December 31, 2008. ~s~ _ ~e~ss~ Sales Representatiave steve.kiss@itt.com "'.........,;::.,~ ...._.~ ;;':. .:,'.. TERM CONTRACT ~~~:.~-,~ ~ Y7-1053..JS -~':-4;:_..., . FL YGT PUMPS, PARTS AND REPAIRS "\..,_".#i'......... ...,_.6'....>.:t.t._......,..~ ."'.~'i;.. ..-.....ii;;nijj. This contract is made as of the 1st day of July; 2007 by and between Orange County, a Political Subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the COUNTY, and ITT Flygt, LLC, a corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR, whose Federal LD. number is 135158950. GENERAL TERMS AND CONDITIONS 1. GENERAL INFORMATION This contract, these general and special terms and conditions, and the specifications/scope of services constitute the complete set of specifications and requirements. All work shall be performed in accordance with said specifications/scope of services. 2. PRICEfDELlVERY Price(s) quoted must be for new merchandise unless otherwise specified. "Acceptance" as herein used means the acceptance by the COUNTY after the Manager, Purchasing and Contracts Division or his authorized agent, has by inspection or test of such items determined that they fully comply with specifications. Deliveries are to be made during the normal working hours of the COUNTY unless otherwise requested. Time is of the essence and the delivery date specified on the delivery order must be adhered to. Partial shipments will be acceptable unless otherwise stated. 3. PAYMENTS TO THE CONTRACTOR A. The total amount to be paid by the COUNTY under this contract for services and materials shall not exceed nine hundred twenty-five thousand four hundred thirteen Dollars ($925,413.00), TIlls is an estimated contract amount and the County does not warrant that any orders will be issued. The CONTRACTOR will bill the COUNTY on a monthly basis, or as otherwise provided, at the amounts set forth-in the Price Proposal Form for products and services rendered toward the completion of the Specifications/Scope of Services. Where incremental billing for partially completed items is permitted, the total incremental billings shall not exceed the percentage of estimated completion as of the billing date. B. - Invoices received from the CONTRACTOR pursuant to this contract will be reviewed and approved by the initiating County Department, indicating that services have been rendered in conformity with the contract and then will be sent to the Finance Department for payment. Invoices must reference this contract number. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. C. Final Invoice: In order for both parties herein to close their books and records, the CONTRACTOR will clearly state "final invoice" on the CONTRACTORtS final/last billing to the COUNTY. This certifies that all services have been properly performed and all charges and costs have been invoiced to Orange County. Since this account will thereupon be closed, any and other further charges if not properly included on this final invoice are waived by the CONTRACTOR. 4. FEDERAL AND ST ATE TAX The COUNTY is exempt from Federal and State Sales and Use Taxes for tangible personal property (Certificate of Registry for tax transactions under Chapter 32, Internal Revenue Code and Florida SaleslUse Tax Exemption Certificate). The CONTRACTOR shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the COUNTY, nor shall the CONTRACTOR be authorized to use the COUNTY'S Tax Exemption Number in securing such materials. The COUNTY has the following tax exemption certificates assigned. A. Certificate of Registry No, 59-70-004K for tax free transactions under Chapter 32, Internal Revenue Code; B. Florida Sales and Use Tax Exemption Certificate No. 58-l2-090729-53C. 5. CONFLICT OF INTEREST This contract is subject to provisions of applicable State Statutes and County Ordinances. The CONTRACTOR must disclose the name of any officer, director, or agent who is also an employee of the COUNTY. Further, the CONTRACTOR must disclose the name of any COUNTY employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the CONTRACTOR'S firm or any of its branches. Should the CONTRACTOR permanently or temporarily hire any COUNTY employee who is, or has been, directly involved with the CONTRACTOR prior to or during performance of the contract, the contract shall be subject to immediate termination by the COUNTY. 6. LEGAL REOUIREMENTS Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the CONTRACTOR shall in no way be a cause for relief from responsibility. The CONTRACTOR is prohibited from discriminating against any employees, applicant, or client because of race, religion, color, disability, national origin, gender, or age with regard to but not limited to the following: employment practices, rates of payor other compensation methods, and training selection. Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida. 2 7. UNIFORM COMMERCIAL CODE The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the CONTRACTOR and the COUNTY for any terms and conditions not specifically stated in this contract. 8. AVAILABILITY OF FUNDS The obligations of the COUNTY under this contract are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Board of County Commissioners. 9. COPIES Copies of documents, records, materials, and/or reproductions upon request will be charged in accordance with the COUNTY'S fee schedule. Copyrighted materials may be inspected, but cannot be copied or reproduced per Federal law. 10. PAYMENT TERMSIDISCOUNTS The COUNTY'S payment terms are in accordance with Florida Statute 218, Florida Prompt Payment Act. 11. PATENTS AND ROYALTIES Unless otherwise provided, the CONTRACTOR shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of the contract. The CONTRACTOR, without exception, shall indemnify and save harmless the COUNTY and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the CONTRACTOR. In the event of any claim against the COUNTY of copyright or patent infringement, the COUNTY shall promptly provide written notification to the CONTRACTOR. If such a claim is made, the CONTRACTOR shall use its best efforts to promptly purchase for the COUNTY any infringing products or services or procure a license, at no cost to the COUNTY, which will allow continued use of the service or product. If none of the alternatives are reasonably available, the COUNTY agrees to return the article on request to the CONTRACTOR and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. 12. INDEMNIFICATION FOR TORT ACTIONS/LIMIT A TION OF LIABILITY The provisions of Florida Statute 768.28 applicable to the COUNTY apply in full to this contract. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the COUNTY acting within the scope of hislher office or employment are subject to the limitations specified in this statute. 3 No officer, employee or agent of the COUNTY acting within the scope of hislher employment or function shall be held personally liable in tort or named as a defendant in any action for injmy or damage suffered as a result of any act, event or failure to act. The COUNTY shall not be liable in tort for the acts or omissions of an officer, employee or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. To the fullest extent permitted by law, the CONTRACTOR shall defend I indemnify, and hold harmless the COUNTY, its officials, agents, and employees from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including attorney's fees) of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of the vendor or its subcontractors (if any), anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable; excepting those acts or omissions arising out of the sole negligence of the COUNTY. 13. CERTIFICATION OF INDEPENDENT' PRICE DETERMINATION The CONTRACTOR certifies that in connection with this procurement, all prices have been ardved at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any competitor. 14. SUCCESSORS AND ASSIGNS The COUNTY and the CONTRACTOR each binds itself and its partners, successors. executors, administrators and assigns to the other party of this contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this contract. Except as above, neither the COUNTY nor the CONTRACTOR shall assign, sublet, conveyor transfer its interest in this contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the COUNTY which may be a party hereto, not shall it be construed as giving any rights or benefits hereunder to anyone other than the COUNTY and the CONTRACTOR. 4 SPECIAL TERMS AND CONDITIONS 1. F.O.B. POINT The F.O.B. shall be Destination in Orange COlUlty. The prices quoted for each purchase shall include all costs of packaging, transporting, delivery and unloading to the stated point within Orange County. The COUNTY reserves the option to deliver to and pickup from the CONTRACTOR pumps, parts and repaired pumps or items. 2. DELIVERY Delivery time is of the essence in this contract. Delivery shall be no later than the delivery times as stated below. Failure of the CONTRACTOR to meet this delivery requirement may result in default. It is hereby understood and mutually agreed to by and between the parties hereto that the time of delivery is an essential condition of this contract. Pumps that are in stock locally, 1 day delivery. Pumps that are not in stock locally, but within the United States, 10 day delivery. Pumps that are not in stock within the United States, 7 weeks, normal factory delivery. 3. TERMINATION A. Termination for Default: The COUNTY, by written notice to the CONTRACTOR, may terminate this contract for default in whole or in part (delivery orders, if applicable) if the CONTRACTOR fails to: 1, provide products or services that comply with the specifications herein or fails to meet the COUNTY'S performance standards. 2. deliver the supplies or to perform the services within the time specified in this contract or any extension. 3. make progress so as to endanger performance of this contract. 4. perform any of the other provisions of this contract. Prior to tennination for default, the COUNTY will provide adequate written notice to the CONTRACTOR through the Manager, Purchasing and Contracts, affording himlher the opportunity to cure the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) days (or the period specified in the notice) after receipt of the notice. Failure to adequately cure the deficiency shall result in termination action. Such tennination may also result in suspension or debarment of the CONTRACTOR in accordance with the COUNTY'S Procurement Ordinance. The CONTRACTOR and its sureties (if any) shall be liable for any damage to the COUNTY resulting from the CONTRACTOR'S default of the contract. This liability includes any increased costs incurred by the COUNTY in completing contract perfonnance. 5 In the event of termination by the COUNTY for any cause, the CONTRACTOR will have, in no event, any claim against the COUNTY for lost profits or compensation for lost opportunities. After a receipt of a Termination Notice and except as otherwise directed by the COUNTY the vendor shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work C. Transfer all work in process, completed work, and other materials related to the terminated work as directed by the COW1ty. D. Continue and complete all parts of that work that have not been terminated. If the CONTRACTOR'S failure to perform the contract arises from causes beyond the control and without the fault or negligence of the CONTRACTOR, the contract shall not be terminated for default. Examples of such causes include (1) acts of God or the public enemy, (2) acts of a government in its sovereign capacity, (3) fires, (4) floods, (5) epidemics, (6) strikes and (7) unusually severe weather. B. Termination for Convenience: The COUNTY, by written notice, may terminate this contract, in whole or in part, when it is in the COUNTY'S interest. If this contract is tenninated, the COUNTY shall be liable only for goods or services delivered and accepted. The COUNTY'S Notice of Termination may provide the contractor thirty (30) days prior notice before it becomes effective. However, at the COUNTY'S sole option, a termination for convenience may be effective immediately and may apply to delivery orders (if applicable) or to the contract in whole, 4. AS SPECIFIED All product delivered must meet the specifications herein. Product delivered not as specified will be returned at no expense by the COUNTY. The COUNTY may return, for full credit any unused product received which fail to meet the COUNTY'S performance standards. Replacement product meeting specifications must be submitted within a reasonable time after rejection of the non-conforming product. 5. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH CONTRACTOR certified that all material, equipment, etc., contained in this contract meets all OSHA requirements. CONTRACTOR further certifies that, if the material, equipment, etc., delivered is subsequently found to be deficient in any OSHA requirements in effect on date of delivery, all costs necessary to bring the material, equipment, etc., into compliance with the aforementioned requirements shall be borne by the CONTRACTOR. 6 6. SAFETY REGULATIONS Equipment must meet all State and Federal safety regulations for grounding of electrical equipment. 7. PAYMENT , Partial payments in the full amount for the value of items received and accepted may be requested by the submission of a properly executed invoice, with supporting documents id required. Payment shall be made in accordance with Florida Statute 218, Florida Prompt Payment Act. Payment for accepted equipment/supplies/services will be accomplished by submission of an invoice, in duplicate, to: Orange County Utilities Water Reclamation Division 8100 Presidents Drive. Orlando, FL 32809 Phone: (407)836-6829 8. EQUIPMENT/SERVICE A. The scope of these specifications is to insure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the CONTRACTOR from fumishing a complete unit. B. All equipment must be new, or current manufacturer in production and carry standard warranties. The CONTRACTOR must service all equipment prior to delivery. C. The CONTRACTOR must be an authorized dealer, distributor, and/or representative of the manufacturer for the brand/model being bid. Dealer, distributor, and/or representative means a firm or person that owns, operates, or maintains a store, warehouse, or other establishment in which materials, supplies, parts, articles, or equipment of the general character described in the specifications are bought, kept in stock and sold commercially or to the general public in the usual course of business. D. The CONTRACTOR must maintain a normal supply of repair parts and be equipped with personnel and facilities to provide such service as necessary to keep the equipment in operation with a minimum of delay. Failure to meet and maintain these requirements, in the COUNTY'S sole opinion, may be cause for contract termination. 9. WARRANTY The CONTRACTOR shall fully warrant all new equipment furnished hereunder against defect in materials and/or workmanship for a period of five (5) years after delivery and acceptance by the COUNTY. Should any defect in materials or workmanship, except ordinary wear and tear, appear during the above stated warranty period, the CONTRACTOR shall repair or replace same at no cost to the COUNTY, immediately upon written notice from the COUNTY'S authorized representative. 7, The CONTRACTOR shall fully warrant all parts for a period of I year from delivery and acceptance in accordance with the manufacturer's warranty. The CONTRACTOR shall fully warrant all repairs against defect in materials and/or workmanship for a period of I year from delivery and acceptance. All warranty provisions of the Uniform Commercial Code shall additionally apply. 10. MANUALS The following manual shall be delivered with each piece of new equipment. The cost of the manual shall be included in the unit price. Operation and Maintenance Manual I copy 11. INSURANCE REQUIRED A. Before execution of the contract by the COUNTY and commencement of the operations and/or services to be provided, and during the duration of the contract, the CONTRACTOR shall file with the COUNTY current certificates of all required insurance on forms acceptable to the COUNTY, which shall include the following provisions: I. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the COlJNTY. 2. The celiificates shal1 clearly indicate that the CONTRACTOR has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. 3. No material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the COUNTY. B. The CONTRACTOR shall require and ensure that each of its subcontractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. C. Coverage Required: 1. Workers' Compensation - The CONTRACTOR shall provide coverage for its employees with statutory workers' compensation limits, and no less than $100,000.00 for Employers' Liability. Said coverage shall include a waiver of subrogation in favor of the COUNTY and it's agents, employees and officials. 8 2. Commercial General Liability - The CONTRACTOR shall provide coverage for all operations includ~g, but not limited to Contractual, Products and Completed Operations, and Personal Injury. The limits shall be not less than $1,000,000.00, per occurrence, Combined Single Limits (CSL) or its equivalent. The General Aggregate limit shall either apply separately to this contract or shall be at least twice the required occurrence limit. 3. Business Automobile Liability - The CONTRACTOR shall provide coverage for all owned, non-owned and hired vehicles with limits of not less than $1,000,000.00, per occurrence, Combined Single Limits (CSL) or its equivalent. 4, The "Orange County Board of County Commissioners" shall be specifically included as an additional insured on the general liability policy. D. All such insurance required of the CONTRACTOR shall be primary to, and not contribute with, any insurance or self-insurance maintained by the COUNTY. E. Any exceptions to the insurance requirements in this section must be approved in writing by the COUNTY. F. Compliance with these insurance requirements shall not relieve or limit the CONTRACTOR'S liabilities and obligations under this contract. Failure of the COUNTY to demand such certificate or other evidence of full compliance with these insurance requirements or failure of the COUNTY to identify a deficiency from evidence provided will not be construed as a waiver of the CONTRACTOR'S obligation to maintain such insurance. 12. CONTRACTTERMfRENEWAL A. The contract shall commence effective July 1, 2007 and extend for a period of twelve (12) months. The contract may be renewed for two (2) additional twelve (12) month periods, upon mutual agreement of both parties. If any such renewal results in changes in the tenus and conditions, such changes shall be reduced to writing as an amendment to this contract and such amendment shall be executed by both parties. Renewal of the contract shall be subject to appropriation of funds by the Board of County Commissioners. B. The initiating COUNTY department(s) shall issue delivery (purchase) orders against the term contract on an "as needed" basis. C. Any order issued during the effective period of this contract, but not completed within that period, shall be completed by the CONTRACTOR within the time specified in the order. The contract shall govern the CONTRACTOR'S and the COUNTY'S rights and obligations with respect to that order to the extent as if the order were completed during the 'contract's performance period. 9 13. PRICINGIINVOICING The CONTRACTOR shall have a published price list for all available pumps and parts, The CONTRACTOR shall list a percentage discount off of the published price list for pump and parts purchases on the price proposal page of this contract. The COUNTY requires a firm percentage discount for all pumps and parts for the entire contract period. Pricing is not required until a specific pump or part is ordered. Price lists may be updated annually. Price lists for pumps and parts shall be provided to the COUNTY on CD. Pricing on invoices shall be accomplished by listing the pump or part and the list price of that pump or part, the discount percentage and dollar amount of the discount and the net price to be paid for the pump and/or parts being invoiced. 14. PRICING/AUDIT The CONTRACTOR shall maintain adequate records to justify all prices for all items invoiced as well as all charges, expenses and costs incurred in performing the work for at least three (3) years after completion of this contract. The COUNTY shall have access to such books, records, subcontract, financial operations, and documents of the CONTRACTOR or its subcontractors as required to comply with this section for the purpose of inspection or audit during normal business hours at the CONTRACTOR'S place of business. 15. USE OF CONTRACT BY OTHER GOVERNMENT AGENCIES At the option of the CONTRACTOR, the use of this contract may be extended to other gove111mental agencies, including the State of Florida, its agencies, political subdivisions, counties, and cities. Each governmental agency allowed by the CONTRACTOR to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 16. SALVAGEABLE PARTS When a pump is determined to be beyond reasonable repair, the COUNTY reserves the right to request that any and all salvageable parts from the broken pump be returned to the COUNTY. JO SPECIFICA nONS/SCOPE OF SERVICES PUMPS The CONTRACTOR shall provide Flygt pumps of the size and configuration as required and ordered by the COUNTY. PARTS The CONTRACTOR shall keep an ample inventory of high use parts to ensure parts availability. The CONTRACTOR shall provide a parts list on CD with pricing and the percentage discount off of the list price for all parts. REP AIRS The CONTRACTOR shall provide repairs to Flygt pumps at the CONTRACTOR'S repair facility. Repairs shall be made using original equipment manufacturer parts and shall be accomplished by factory trained technicians. 11 PRICE PROPOSAL FORM The CONTRACTOR shall provide the COUNTY Flygt pumps, parts, and repairs as set forth in the specifications/scope of services contained herein. Item# Description Unit Price/% Discount 1. Flygt Pumps as specified: 5% 2. Parts 5% 3. Hourly labor rate for repairs $50.00 per hour 4. Environmental Fee 1 to 1 0 HP II to 50 HP Greater than 50 HP $26.00 each $42.00 each $58.00 each 5. Lubricants and Materials 1 to I 0 HP 11 to 50 HP $21.00 each $31.00 each $52.00 each Greater than 50 HP r O. Flange Driliing $100,00 each 12 lIT Flygt, LLC BY: . Q ~~2-c- - - ~~er e. 4N.tJ~I/ TITLE: VIC.4:. At:..r,~e,v-;- DATE: 7/r/e7 F . f' . Richardson, CPP , CFCM Manager Purchasing and Contracts Division DATE: 7-11- 07 13 CONFIDENTIAL Prices Good Through 2008 FL YGT "e" PUMPS 4" CP3085 with imp~J!~~~_~,-~~.~,438, 440 ~lIgp?Jg?~th.l~~!I~!~_~?_?,._4.~? ,_.~?4,43.~.,441,. 442 6" CP31 02 with imFE?ller~ii1Li~.?_.______......._ 4" & 6" CP3127 Vv'i~h_trn.E~I!~~l:>_i~.?,4~~, 434, 436, 483, 484, 485 8" CP3127 with impellers 411, 412, 442 4" CP31~?Vv'i!Q.il]}E~_E?!~_~~~.L~~placement for CP3140/481 6" CP3152 with impE?II~E~ 4~~L~I?lgE?rnE?flt for CP3140/436) 6" CP3152 withl~PE?IIE?~~A.~?!434 4" & 6" CP3152 with impellers 454 4" CP3170 with imp<?II~.~l:>~~~........____,_....,.... ...._ 6" CP3170. withi~p<?IL(;!rl:>~.4:2, 44~@_~ph/460v 6" CP3201 with impellers 452, 454,457, 458@ 3ph/460v FL YGT "N" PUMPS 4"NP3085 with impellers 462 463 4"NP31 02 with i~PE?I!.E?r_~_~~.?2._~~.~.,4(34, 465 4"NP3127 with impellE?r~4:?8, 43~,4~Z, 488, 489 6" N P3127 with irnP~UE?~~~J_,-~_?_? 4" & 6" NP3153 with impellers 435,436,437,466 4" & 6" NP3153 with impellers 433,434,435,436,437,461,462,463, 464,465,466 MISCELLANEOUS ITEMS liquid Level Sensing FIO?ts,~.~!Y.1::JQ_~ilh.4Q' ().fCable liquid Level Sens()r, LS-100 49' of Cable 4" x 4" Flygt Base Elbows 6" x 6" Flygt Base Elbows ,6" x 8" Flygt Base Elbows J HP 3 5 5 10 10 15 15 20 20 30 30 47 HP 3 5 10 10 15 20 : PRICE EAC H $3,383.00 $4,?.11:00 _$4_,.4~9 . 00 $5,981.00 $5,981.00 $9,510.00 $9,757.00 $10,340.00 . ~ 19! ?4 ?':90 $14,823.00 $15,509.00 $19,458.00 PRICE EACH I I $3,227.00 $4,014.00 $5)799.00 $5,700.00 $9,188.00 $9,742.00 PRICE EACH $71.00 $1,437.00 $527.00 $729.00 $1, 180.00 I CONFIDENTIAL PRICING,xls Florida Bearings Inc 1t~ g'~ ad, V'Ziue VefuJt ,.../ MIAMI 3164 N Miami Avenue Miami, FL 33127 Phone (305) 573-8424 Fax (305) 573-7366 IT LAUDERDALE 1430 W Broward Blvd Ft Lauderdale, FL 33312 Phone (954) 462-0285 Fax (954) 765-1043 W PALM BEACH 3520 Investment lane Riviera Beach, FJ, 33404 Phone (561) 863-3260 Fax (561) 863-3262 ORLANDO 2410 N Rio Grande Avenue Orlando, FL 32804 Phone (407) 843-4153 Fax (407) 843-4154 January 7, 2008 City of Boynton Beach 124 E. Woolbright Road Boynton Beach, F1. 33435 Attn: Mr. Tony Lombardi Ref: Term Contract This letter is to inform you that the City of Boynton Beach is more than welcome to use the Palm Beach County Term Contract(#04191C) for the purchase of pumps on an "as needed basis" with a contract date good thru 11/30/08. Please feel free to contact me should you have any further questions in reference to this subject. Regards, Eric 11/01/2007 08:01 5617426316 10-31-'07 1521 FFlOO-PBC ?URCHASlNi DbP!' .~~_t SO ScNdl Mili...-y Tratl. $I.lir.c 11 () 'MiIIt hlmBellW. FL 3'4:1S.'19~ l56U 61fl~6800 ~: ~l) 616-6811 www.~.CQrn/pl.\" . .... .... ~ ...... 01 co.mty 0-__....-..- ~ Green", Ch4l~o~ J$lf KDDrIJ. Vice Chait J<anm T. MII:Oi~ Jltobert J, ~'ljjan Mill}' MCCarty !\Un l\UOflSOr1 ).. R, SantaM:lI'ia [;eUD~~1' !l.obert Wei!lmafl "M I!tfUtII ClpJl"rttm!lJ' ~Aetr"lf 8mplo~' @ ".,. CIOI fWlJJlIIed"..,. BOVNTON BCH FINANCE btiHilbtil$l1 PAGE: 03 l-'I.ilV:l~1 ~H$ i' - t,::{ ~ 'l'-(,I'IJ Form R October S. 2007 Florida Bearing_, Inc, erie Dov....plka, Account Manllgor 3520 In\'MtMenl lane #3 Riviera lIMe", F'L 33.403 RE: TERM CONTRACT Ii: 04191C D.ar V.ndor~ Th" Is to infonn yOLl that Palm Beach County 80erd of County Camft'lissioners continues to pc'8..qualify your firm for Sewaa~. Dtachatae end SCJ~I'$'b'~RL. Cltl. ..". ..~. n..ded" basis. Unless you are notified otherwise. you~ pr.-qualificati(' .hall remain in .rr.ct indefinitely. The ..lamMed expenditures for the period of 12/1/07 through 11/30/08 .t S135..ooo. . Tl'le oblllilation$ of Palm Beach County under this contract are subject to the availability of fUnds lawfUlly appropriated for its purpose by the State of Florida and the Board of County CommltSsloners. Palm ~h county Departments will issue hara copy orders against this contract as your authorization to dellv'r. ,A,lIlnvolc.. mutt reference ea~h unique documelit numb.r. If you have any questions, please contact Cindy &rewer &t (15~1) 616.6814 . Sint*ely . 1~~ Di~or c: Vernetha Green. Water Utilities File 11/01/2007 08:01 10-31-/~7 1522 II Ii .'" ~ at I I i I I !5 I au I i 4- 12 I .... ~ ItI 15 '1; Z" ,".!~I y . i b Q ;ll ID "I! r~ I! ""0 "'~ I~ ~ j:: . Ii . r, i ~ I I : ;;l [3 l~ ~ f i 5617426316 FRCtl-PBC PURCHASING DEFT ,.: i ~ ~ 8 :: ~ ! 0 ~ s i ; lit I a ~ i e i ~ ~ ! I z ~ ~ CI z il o > w ~ ~ z ~ ! ~ , ~ ~ Q ~ I :! I a:: ~ i i ~~ m i r !I z I ii I I e~ i f fii ~ % ~ i au " Q. o ... c ~ f i I ~I~I EB:ii BOYNTON BCH FINANCE 5616165811 PAGE 04 T-4 '75 ?13~/018 F - ~'/16 ~~i i~1 t&I _ - ... - ..... s~ ~& I'" .~ ~~ U 5! ~ '" ftll Q. ! ~ .cf g IIJ e I c- '':; j m 0... U:I ~ ca ;g ,. 8 R UJ u: ~ ~ cl:. ~ ! $'::: ...... I I <:C ... en IS ~ ~ ~ i w Q: 11/01/2007 08:01 5617426316 BOVNTON BCH FINANCE PAG~ 05 10-31-'07 15:22 FROM-PBe PURCHASING DEFT 5616166811 T-475 P0~5/318 F-270 AMENDMENT #1 - n -..v Dated: Jarluanl26. 2006 PALM BEACH COUNTY PURCHASING DEPARTMENT 50 SOUTH MILITARY TRAIL, SUITE 110 WEST PALM BEACH, FLORIDA 33415-3199 PRE.QUAL #: 04.191/CB Reaula. for Prt4uat.lli~,tion 21 ~,ndors to PtOvi~ Sewage. Di~-9.. and Submersible Pumpa on an As Needed Bill! TITLE: REFERENCE PAGE 4, TERM 3.c (Item 1 - Policy) - change dollar figure In last aentence from $24,8'8 to 48,999 PAGE 6, DELETE TERMS 4.b and .t.e IN THEIR ENTIRETY REFERENCE PAGE 9, Term #12, In second paragraph - change mandatory bid amount for any project from twenty-five thousand doll.... ($25,000) to fifty thousand dol..... ($50.000) NOTE: Thi8 executed amendment shall be returned to the Purchasing Departm.nt as acknowledgement of all changes. SIGNATURE I DATE 11/01/2007 08:01 1~-31-'07 15.22 Karen T. Marcus, Chair Tony Masilottl, Vies Ch.irman Jeff Koons WllI'r&n 1-1. Newell Mary McCarty Burt A81'onaon Addie L. Greene IIII&...L __'t<rl , . ....., PAGE: 06 T-4'75 ?0~6/01S F- 270 Robert WeIsman Purcha"ng Dep..rtJ1\ent W'NW.pbcgo'l.com/pur r 1 1 BOARD OF COUNTY COMMISSIONERS Nonce OF SOLICITATION Jl4:WLCIL REQUEST FOR PRE.QUALIFICATION OF VENDORS TO PROVIDE SEWAGE, DISCHARGE, AND SUBMERSIBLE PUMPS ON AN AS NEEDED BASIS SUBMISSION DATE: NOVEMBER 10. 2Q2.LAT 2:00 P.M. It is the responsibility ofthe respondent(s) to insure that all pages are included. Therefore, all respondent(s) are advised to closely examine this package. Any Questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department (561) 616-6800. It is requested that all documents be submitted in triplicate, one original and two copies. _RESPONDENT(S) SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE 'ORIGINAL, SIGNED IN INK BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHAll BE CAUSE FOR REJECTION OF YOUR ~EQUEsT FOR PRE..QUALIFICATION. Call Bid Hotline number 795-8080 (from Palm Beach County), 425-7420 (from Broward County), or 655- 4527 (from Dade County) Of tune In to the Education and Government Television Cable Channel for a list of additional advertised "Invitations for Bid" and "Requests for Proposal", The Bid Hotline also provides updates on posted award recommendations. This same information, to include posted award information, is avaIlable on OUr web site www.pbcgov.com/pur. Protests can be accepted only during the five (5) business day posting period. CAUTION Amendments to this Request for Pre-Qualification will be automatieally sent only to those vendors who received this document directly from Palm Beach County PU~h.$ing Department., Palm Beach County shall not be responsible for the completeness of any Request for Pre-Qualfffcatlon pack.go nor purehased directly from Palm Beach County Purchasing Department. In accordance with the provisions of ADA, this document may be requested In an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 (881) 616--6800 FAX: (581) 616-6811 11/01/2007 08:01 5617426316 10-31-'07 1528 FROM-PEe ?UP.CHASING DEPT BOYNTON BCH FINANCE PAGE 07 5616165811 7-4'75 F'01H /\11t: F- 'G'i~ BOARD OF COUNTY COMMISSIONERS Palm le8Ch County Request for Pre.Qualiflcatlon REQUEST #: M-191/Ca TITLE;:: PRE:.aUAlIFICATION OF \lj:NDORS TO PROVIDE SEWAGe, o.tSCH~~~. AND SUBMERSIBLE PUMPS ON ~tJ AS NEEOED 8AS1~ _ pU~CHASING OEPT. CONTACT: Cindv Bl'9Wer. Buvar TE:U:PHONE NO.: , {5et} 616-6614 FAX NO.: (!San 242-8714 , EMAIL ADDRESS: _ cbrawerfi)co.Dalm-beach.fI,-~ All Responses will be re~eived on or after tiOVEMBER 10.2004 and will continue Indefinitely or re-advertlsed at the Cour)IY'lI sole an<! abco!uta dlsoretlon, SUBMIT QUALIFICATIONS TO: PALM BeACH COUNTY PURCHASING DEPARTMENT, ATTN.: VERNI;THA M. GFtE!N, 50 S. MIUTARY TRAIL, SUITE #110, weST PALM BEACH, FL 33415. ".. :':!!I!!Il!!! _n~ ~_a.._ This Requeet for p,..,.Qualifio.atlon. General ConditiOnS, Instructions to Respond.m(8), Special CO!'ldillons. Speclfleat!t)I1s, Attachments, Amendments (if ISSued), OIndlor any othElr rml'9nced document form 8 part of tl1l. FtequeGt for pre-Qualification solicitation and response thereto, and by reteMI'lc.e .r~ mad" " part thereof. The felected awardee(s) 9ha1l be bound by all terms, r.ondltions aM rtqulr'l'Tlents in these documents. PURPOSE AND EFFECT: It is the 60le purpose and intent Of tl'lla Rm!1Je~t for Pre-Qualifications to ~~:eol a $iJfficient number of QIJalifled C::lr:tractor(s) to provide the County with itel'l'l(a) and/or .services a6 lI&ted herein, Tholl Pre-Qu$lifil!id Contrleklr($) &elected are hereby olaCed on nOlie.. thet acceptance of Its RQquest for Pre.Qu8Bflcl!rtk:m by Palm Eklach County !:thaI! oOnatitute .. binding contract. -.:: G~Nl!.RAL CpNDITIONS( I~STRUCTIONS AND INFORMATION FORBIDDeRS GENERAL CONDITIONS 1. GENERAL INFORMATION Respondent(s) are advised that this package constitutes the completfl 58t of spsclflcatlons, terms, and eondltlOns which in addition to t!'le recomrn.nded quotation. based on a project t>y prOjl'Jct basis, forms the olndlng contract between Palm Beach County end the eUGCei!lsful Pre-Qualified Contrsctar(sl. Changes to this Request tor Pre-Oualibtion may be made ~ by written &l'I"lttndmtr.t issued b~ the ColJnty Purchasing Department Respondent(s) al'O furtner adVised to closely 8x.amine every ,ection of this document. to en$ure thet 11I11 sequentially "~Imbered pages a~ present, and to 4ilnl;;Ura that It i& fully Ul1d8l"8tQod. Questions or requests for exp'enetlons or InterpretatiOns of this document must be submitted to the purcnasing Department contact in writina II'! sufficient time to permit a written response end, If required. win De provided to all prospective respondent(s). prior to openll'lg. Oral explanations or inatructlons given by any County agent ere not binding and should not be interpreted as altering sny provision of this (!<'JCument. Respondent(s) cer.i1iM that this RequB1 for Pm. Qua/ification i8 mad~ without reliance on any oral raprEtSentetlona made by tI'l. county. The obligations of Palm Beach County under this award are subjeot to the availability of fundS lawfully appropristad for Its J'UrpOS8. 2. LEGAL REQUIREMENTS a. COMPL'ANOEWITH LAW8AN~OPi': Federel, Stete, County and locsl lews, ol'Cllnances. n.,les and regulations that In any manner affect the item!! covered herein apply. Lack of knowledge by the Respondent(s) shall In no w~ be a 08use for relief from respon$ibility. The successful Pre~Quall1led Contractor($) shall strictly comply 'l\1tl1 redersl. State and local bull<:llng and safety codes I!qulpment SMII meet all Stete end Federal Safety regulations. Respor.dent(e) certifies that all products (mete.rlaIS, equipment processes. or other items supplied in response 10 this ReQllest for Pre-Qualification) contained in its Request for Pre-.QI,Jallflcatlon me&t8 au a.S.H.A., ANSI, NFPA and all other Federal and State requirements. RBspondent(s) further certifies that, If it is tho SUCC98$ful Pre..Qualified Contn~etor(s), and the product delivered 1$ subsequently fOUnd to t>c detiOlent in ar:yof the aforementlonC!ld requlr_ments In el'fect on date of deliver')'. all costs necessary to bring the product into compliance she.1I be borne by the Pre-Cualified Contractor(s). In compliance with Chapter 442, Florida Statutes, sny tox.ic substance re$ulting from tht9 ReqiJest for Pre- Qualification &hall be aocompanled I)y 8 properly completed Materiel Sefoety Data Sheet (MSDS). The Uniform Commercial Code (Florida Statutes. Chepter 612) shall prevali as the basis for contractual obllgetlons between the successful pre.Qualified C<mtractor{s) ,. Pelm Be~t, County for any terms 8nd conditions specifically staled in the Reqveet for Pre-Qualification. 11/01/2007 08:01 5617426316 1~-31~'07 1S 23 FROM-PEe ?URCHASING DEPT b. DISCRIMINATION PROHIBITED: Palm Beach County i$ committed to assuring equal opportunity In the award of contracts and complies with all laws prohibiting discrimination. The successful pre-Oualified Contrector($} is prohibited from discriminating against any employee, appliCillnt, or cli.nt bl'iK;8uet of race, color J ...Iigion, di$l!lbility, sex. age, national origin. ancestrY. marital status. or sexual orlenldtion . e. INDEPENP~ CO~T~Q!OR RELAIIQ!!JHF; The 8uccessful Pre~QU8llfied ContractOr(s) is, and shall b8, in the performance of efl work. services. and activities under this Contract, an Independent Contractor and not an employee, agent, or servant of the COUNTY. All persons engaged In any of the work or services performed pursuant to U,ls Contract shall at all times. and in all places, be ltubjed to the Pre-Ou8lifl8d Contractor'. $01$ direction, supervision. and oontrol. The PreyQualifted COn1ractor($' shall ellcercl$e control over the means end manner in which it and its employees perform the wprk, and in all respecte the Pre-Qualified Contractor's relationship, and the relationship of Its emplCJyeltll, to the COUNTY shBlI be that Of an Independent Contractor and not '5 employees or lI9ent9 of the COUNTY. d. CRIMINAL tfllIORY RECO~DS CHECK ORD~CE: PUl'$uent to Ordinance 2003..030, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"). ll'w!t County 81'1all eor'lduct flngerprint bU&d criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history reeord chack shall be conducted on all employees and sUbCOntractors of vendors. Including repair person$. and delivety persons, who are unescorted when entering a facility determined to be critic81 to the public I.f.ty and security of the County. County facilities that require thl. heightened lever of security are identlfltld in Resolution R- 2003-1274, a$ may be amended. The successful Pre- Qualified Contractor(s) is solely responsible for un<lel'8tar'ldlng the fnal'lCial. schedule, and staffing implioations ofthi. Ordinan~, Further. the SUQ04tssful Pre-. CUalln8d Contractor(8) BCKnoWledgefJ mat Its bid crlce include. any end ell direct Qr indirect costs 8sINJofated with compliance of th!S OMlnance, except 10t tne applicable FDLEIFBI fees that Shall be paid by the County. fl. l>>.uBLlC INTny QR.p'!ES: F.S. 287.133 requires Palm Beach County to notify aD biddert aftne following: 'fA person or affiliate who has been placed on the convicted vendor list following a conviation fur a publiCi entity crime may not SUbmit 8 bid on e contrecC WIttl a publiQ enttty for tne construction or repair of a publiC building or public work. may not submit bids on leases of real property fo a public entity, may !'lot be awarded or pefform worl( as e contractor, supplier, subcontractor. or consultant under a cantrOJct with any public ~t!ty, and may not tran..et business with any public enuty In exce$S of the thresho'd amount provided in F S, 287.0t7 for CATEGORY TWO for a period of 36 montns from the date of being placed on the convicted vendor list.. BOYNTON BCH FINANCE PAGE 08 5516166811 T-475 P0~8/21S F-270 f. NON~~~U810N: Re$pondent(.) certifies that it has c;ntered into no agreement to commit a fl'8\Jdulent, deoeltful, unlawful, or wrongfull'1ot, or any act wh ich mey result in unfair advantage for one or more bidders over other bidders. Conviction for the Commission of any fraud or act of collusion in eonnection wi1h any sale. bid, quotation. proposal or other aet incident to doing business with ~a'm Beach County may result in permenent debarment. No premiums, rebates or gratuitlo8 are permittee; either Witt'l, prior to or lifter eny delivery Of materiel or provision of services. Any such violation may result In award cancell8tioll, retum of materials, discontinuatlon of services, removal from tt1e vendor bid list(s). andlor debarment or ltUspenslon from doing bu!;iness with Palm Beacl'l county. g. LOBBYINg: Respondent(s) are acNiaeO Ihot tl'le "Palm Beach County Lobbyist Registration Ordinance" prohibits 8 respendent or anyone representing tI'le respondent from communicating with any County Commissioner. Co;,mty Commissioner's staff, or any employee authorized to act on behalf of the Commission to award a particular contract regarding it. Requ.et for Pre~Qua"f1catlon. i.8., a "Cone of Sileflcfil". The "Cone of Silence" Is in effect from the date/time of the deadli'le for submission of the Request for Pre-. Qualification, and terminates at the time that the Board of County Commissioners, or ill County Oepartmer.t authorized to act 00 thelf behalf, awards or approves a contract, rejects all Request for Pre-Qualifications, or otherwise takes action which end$ the &ollcitation proCGss. Respondent(s) May, however, contact any County Commissioner, County Commissioner's staff, or any employee authorized to ect on behalf of the Commission to award 8 perticular contract, via writl~ communiclJtion i.e.. facsimile, e-mail orU.S.ma~. Violations of the "Cone Of Sllence~ are punishable by a fine of $250.00 per violation. h. COtifl.ICT OF fNTfREST: AU retpondent(s) shail disdose with their Request for Pre-Qualification the name of any officer, director, or agent whO i. also an employee or a relative of an employee of Palm et8eh county. Further, all respondent(s} shall disclose the rlam. of any County emp~. or relative of e CQunty emplOyee. whO owns. direcUy or indireclIy, an Interest of te!'l percent or more in the suaoessful Pre-Qualified ContrQIdor(l!i) firm or .ny Of Its bl'8nct'lo.. I. SUCCESSORS AND ~~: The County and the successful Pre-Qualified Contractor{s) each binds Itself and its successors and 8SSIglS to the other party in respect to all provisions of thiS Contract. Neither the County nor the successful Pre-Qualified Contractor(s) snail assign, sublet, conveyor transfer ns Interest In tnls Contrllct without the prior written consent Qf the othar, 11/01/2007 08:01 5617426316 10-31-/07 15 24 FROM-PBe PURCHASING DEFT j, INDEMNIFICATIQN: Regarale.ss of thO coverage provided by any nsurance, the successful Pre-Qualified Contractor(s) Shall indemnify, save harmleafi and defend ml'J county. Its agents. servants. or employees from and against any and all claims, liability, losses and/or Cliluses of action which mi'JY arise from any negligent act "J( omission of the successful Pre.Qualfled Contractor(s}. its subcontractors. agents, servants or employees during the course of p.norn\ing servIces or caused by the goods ~roVlaed pUl'6usnt to tll$S(;l Request for Pre-Qualification documents and/or resultant contract. k. PU.,LIC 8~CO~~: Any material submitted in response to this Request for ~e..Qu8Iiflc&lon is conSidered a public document In accordance wlth Se~tlon 119.07, F.S, Ttlit Includes material which the responding respondent(s) mlQtn COrl$lder to be confidentIal or a trade secret. Any daim of oonfidentiallty is wal....d upon subml..,on, effective after opening puriUlIntto Section 119.07, F.S, I. IN,SfORPORATlON. PRGiPIiNCE.JURJIASC110N: This Request for Pre-Qualification shall be included and incorporated In the final award, The order of contractual ore~denee aMI! be !I\e Req~ for pr&-QUellflcatlon docoment (origin.. terms and conditions), Request for Pre- Q...8t:fI08t!On rtSponH. the recommended quotation, I:lesed on ClI projed by project besi.. end purchase ardar or term contract order. Any and all legal action necessary to enforce the award or the resul18nt contract shall be held in Palm Beach County and tt'le contradual obligations shall be intl!lrprefltd I!IOOOI'dlng to the laws of Florida. m. L.EGAL EXPENSES: The County shell net be liable to a respondent for any legal fees. court costs, or other legal expenses erit;ing from th* inttlrpretation or &nforeement of this contt61ct, or from any other matter generated by or relating to this contract. 3. REQUEST FOR ,PRE..QUALIFtCATION SUBMISSION a. SUBMISSION Of RESPONSES: Atl Request for Pre.. QuaHflcatlon ,..ponaes must be submitted on the provided ReqUMt for Pr...Quallficatlon "ResPQnn'. FC)rm. ~equ..t fOr Pre..QuallflOlrtlon responses on vendor letterhead/quotatIon forms Shall not be accepted. R..pon... mu.t be typewritt.n Gr written in ink. and must be signed in ink by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE REQUEST FOR PRE-QUALIFICATION RESPONSE FORM AT THE INDICATED PLAcES 8HALl Be CAUSE FOR ReJECTION OF THIi REQUEST FOR PRE. QUALIFICATION. Requ881 for Pre-Qualifiolltion r_po"se~ are to be submitted to the Palm Beach County Purchasing Department on or after the time indicated on the soli~ltstlon "r.amble. end mUlt be IUbmltted In a sealed envelope or container, which should have the enclosed address label affixed and bearing the Request for PrfJ~Qu8Iif'ieetion number. b. ~sm:lflC~TIQf:!I'. ,61,etl~ AND PERMITS; Unless otherwiie direcbtd in 8ub-paragreprt d. (L.ooal Pref$rence) or th6 S"eelal Condition, of this Request for Pre-- Qualification, respondent should include with its Request for BOYNTON BCH FINANCE 5616165811 T-415 PAGE:: 09 P01tl9/018 F-;';'/kI Pre.Qualification 8 copy of ell applicable Certlflcatl Compet8ncy issU&d by the State of Florlda or the Palm Bea.r:h county Construction Industry Lioensing Board in tne name of the respondent(s) shown on the Request for Pre-Quatifioetion response page. It shan also bet the responsibility of the $ucee&8ful Pre.Quellfh~d Contractor(s)to submit. prior to cornmencement ofwork. a current Occ;;upational License for ~alm Beach COUF'1ty and al! permits required to complete this contractual servIce at no additional COSt to Palm Beach CQunty. A f3alm Beach County Occupational license Is required unless epocitically exemp1ed by lew, In lieu of a Palm Beach County occupations I license, the respondent(s) should include thl!t current ::>ccupationillllcense issued to the respondent(s) in thct r~$ponae. It Is tne respQ!'lsibility of the successful F'ra-Qusllfled Contractor(s) to ensure that en required certifications. HeenaN anet permits are maintaned In force and current throughout the. term of the contract. Failure to meet tI"IlS requirement shall be considered default of contract. c. SMALL BUSINESS ENTERPRISE. PALM BEA.CH CQYtjTY ~OQE. Q~~~1It ~, MlIC~E III. SlCTtOH 2-80.21 THJI!9UGH 2-80.M Item 1 . Polic'( It is the policy of the Board of Cooi'lty Commisskmers ....1 Palm !each County that SBE's shaft have the maxirT practica1 opportunity to partIcipate in the competit.. v process of supplying goods and ~rvIC9& to th8 County (Palm Beach County Code. Cl'lap~er 2.. Article Ill. Seotions 2~ 71 thru 2~O.13). This Request for Pre. Qualification 1$ subject to the bid preferenoe $)'8tem to maximize SSE participation on 8n as needed project by prOject basis. NOTE: IndMdual projects shalt no~ exceed $24,999, Item 2 - Con~ Award Criteria The contract 21ward prcx:edUI'9 for this solidtatiofl will be under the bid preferenoe system to maximize SSE participation. The bid preterenc6 l5~tem as provided for in P81m Beech County COCle. Chapter 2. ArtiCle III. Sections2-71 thru 2-&1.13 requiri"!S the ~rd to be made to the Pre-Qualified Contractor who is the lowest responsIve bidder unless a certified Pre-Qualified ContractOf ,. . 88E and Is within 10% of ihe lowest nOn- SBS bid, theli the ewcrd shall be made to tt1e certifieO see Prtt-Qu~lified Contractor, Only firms who ere certified SSE. shell be eligible to receive bid preferenc;e. Item .3 .. Certification ihe County will count toward the established SBe projtlct goals only those firms th'at are certified by Palm Bear-' County or- whose certification by another jurisdiction t-. been aceep~ by Palm Beach County prior to the time 01 each Project opening in ecoorctonce with SSE Palm Beach County Code, Chapter 2, Article Ill, Sections 2-1'1 thru 2-80.13. Contect the SeE Coordinator in the Office 11/01/2007 08:01 5617426316 10-21-'07 15,24 FRa1-PBC PURCHASING DEFT of Small Business Aasistence Department {581} 616-6840 for nformation or assistanCe. ~ As part of the consideration for bid preference systOO1, any cOl'lt/'eotor(s) decertified ~y Palm Beech County will be Ineligible to receive bid preference. d. INTEft,lTION~IrL Y ~EFT BLANK, e. DRUG MEE WORKPLACE CERTIFICATIOl\l: In compliancewltl1 Florida Statute (88ctlon 287.081) .ttech<<l form "Drug-Free Workpiece C.l'tificalion" ,hauld tie funy executed and submitted with Requ9stforPre-QualifiC8tions responee in order to be considered for a preference whenl!Vllr two (2) ur tnore bids which are equel with respect to price, qU81ity, .,d Iwvice Il~e received by PBfm Beach COt.lnty. f. C~PcrIONED QFF,i8D; R8epondent(8) are cautiO!l~d mat any conctltfon. qU"I'ICBtlon, provi8ion. or comment In their Request for Pre-Qua: ification , or In other correspondence b'ansmttted with their Request for Pre- Qus!lflclJtlon, Which in enywaymodifies, ta~.lh1lCception to, or is inconsistent with the specifio_tions, requirements, or any of the terms, conditions. or provi.iot18 d this solldtatlOfl , is sufficient cause for fhe rejection d ther Requesf for Pre- QUflllit'ic8tton 8$ Mn-resPonslve. ~ Ttlis includes quotBtigns provided on individual projects. g. P~OJECT PRICING fOR__ P"~-QUALIFIE~ ReJPOMPENT$; (1) Prices offered from Pre-Qua'ifj~ ContreclOr($) Qh an "aa ne&ded basis" must b. tne price for new merchandilile and he from detect. Unless SPeclflo.Uy requested irt the specifications. any quotes containing modifying or .seeralton clauses shall be rejeet~. (2) The 8L1OC9S5ful Pr&Cualifled Contractor(a) shall provIde for II "'turnkey"' service as stated in the Specification/Scope of Work ettachsd hsreto and incorporated herein. The omisSion of any essentIal deUiil from these $peci1'lcatiQn$/Scope of Work does not r.lI8\18 the Pre-Qualified Contrsctor(8) from completinG eaCh Project in i~ ent'~. No additional compensatiOf'l shall be allowed beyond the price provided on the QUotatlM as 8Ubmitted for e.ctt Project. (3) Pre-Qualified Contractor(s} watrants by virtue of bfddin9 (on en .. need basis) that pric*s f1h.1I remain firm for a period 01 ninety (gO) days from the date at each Quotation submIttal or other time .tBted in 'Deelal conditions. (4) !n the event of mathematicsl error(s), the unit price ahall PMVIIH and tn_ Contraotol'(s) total offer shall bfr eorreeted l!ICCOrnlngly. QUOTATIONS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED IN INK BY THe PRe-QUAUFIEO BOVNTON BCH FINANCE 5616166811 T-4'T5 PAGE: 10 ?e10/318 F-Z'illl . ....~'tJ (5) CONTRAtTOR{S} PRIOR TO QUOTATION SUBMITTAL. IF THE! CORRECTION '$ NO'T PROPERL V INITIAlED, OR IF THI! IN'tENT OR LEUIBILIT'1 OF THE COFlREcnON IS NOT CL.EAR. THE QUOT.TION SHALL BE REJECTED. Respondents may offer a cash dl$eOUnt for prompt pa~ent. However, such discounts shall not be considered in determining the lOWest net cost fer evaluation purposes unless otherwise specified in the apecial conditlMs. R_SpoIldents should reflect any discounts to be considered in the unit prices offered. h. SUBMITTING NO 81D or NQ CHARGe: INTENTIONAlL v LEFT BLANK ACCEPTANCEIREJIig'ION ~ REQUEST FOR PRE. g~IF)~TlONs: Palm Beach Cgunty rQ$8rv&s the riQllt to accept or to r(lJject any or all Request for PrQ_ QLlsliflcationa. Palm Beach County 11I10 reserves the right to (1) waive any non-substantive irregularities and techniceUtles; (2) reject the Request for P,..QueUflcatior, of any respondent who has previously failed in the proper perlo!TTlance of 8 contract of . similar nature, who has bean suspemied or debarred by the County Or otMr gOVemmental entity, or who ie not In 8 pOl!lltion to perform ptoperlv under thl$ award: and (3) inspect all faCilities of bidders in order to m8ke a determination as to Its ablUty to perfcrm. ~alm Beach County reserws the right to reject any offer Dr bid if' the prices are materially unbala'lced. An offer Is materiaByunbalanC8d If It Is mathematically unbalanced. 81"tO If tnere 's rea,on to beHove that the Offer would om result in the lowest overall cost to the County. even tnouoh It Is tne loweet evaluated offer. Art off..- is mathematically unbalanced If It Is baaed on prloes which are aignificently less then fflir market price for some bid Hne items.m!S! significantly greater then feir m.~et price ror other bi<J line items, Fair merl(.t price $h.-II be d8tarmined based on indu$try 5tn4irgs. comparable bids or offel'$, existing eontracts, or other means of astabllshlng e range of current prices for which the line items may be obtained in the markot pleCQ. The determination of wnether 8 p8111CU18r Offer or bid IS materleny unbalanced shall be made in writ!ng by the Purehll$ing Director, oltlng the be.i. fOr the d9term'llatlon. i. j. NON-EXCLUSIVE: The County reserves the right to acquire some or all of the. gOods and services through ISl State of Florida contract under the j)t'O'Ilslons of Section 287.042. Florida Statutes, provided the State of Florida contract ohrs lIlower price for the same goods and $ervices. ThIs reservation applies both to the initial award of this solicitatIon and to acquIsition a.fter a term contract may be -warded. Addltionlllly, Palm Beach County reserves thEl right to swafd other contraebi tOr gOOdS IInd services failing within the'scope of this sollCitetion and resultant contractwhen the specificaUons differ from this sOlicitation or resultant oontrBct. or for 11/01/2007 08:01 5517425315 12-31-' 07 15' 25 FRf..('l-PBC ?UIlCHASING DEP'l' goods snd Clerviees specified in thls solicitation when the scope IUbe.t8l1tiaMy dlffer5 from this solicitation or resultant cQfrtrect. k. LNTENTIDNALL V LEFT BLANK: I. PERFORMANCE OURlNG EMERGENCY: ~y $l.IbmiulnQ a Request for Pre-Qualification. r8spondent($) agrees Bnd promises that. during and after a publio emergency, disaster. hurricane, flood, or acts Of God. Palm eeec:h County shall be given "first prlol'ity" for all goods and s8Nic:eS llt'l<Mlr this (X)ntr8Cl. Respoodent(s) acr.s to pro\Iide all goods and service. to Palm Beach County throughout the emergency/disaster at the term., condItiOns, and prl081 as provided 10 thiC 8ollcltatiol'\, and wlth 8 priorIty above,. preference over, se'e. to the private sector, Reapond$nt(s) she. furnish a 2.4~hou( phone number to the Counly in the event of sucn an emergency. FaHur& to provide the &fated priorityipreference during an emergency/disaster shall constitute breach of contract end make the Pre.Qualified Contrsctar(s) subJ.ct to 6snctions from further business wilh the County. 4. R.eQUEST FOR PRE..QUALIFICATlON SUBMISSIONS e. OBSERViNG THE PUBLISHED REQIJIi8T FOR PRE. ~lFICAnON .......IOM TlM~: The published Req...t forPreoQLlaUfioltlOn submiAio" time ,hall "'e observed for the initi.1 Pre-Qualification of Contractor(s). It is the sole responsibility of the respondent(s) to ensure that their Request for Pre- Qualification arrlv.. In the Purchasing Department prior to thft published Request for Pre-Qualificatlon .ubmI8~lon time. Request for Pre.QualificatiOn respoose$ by tsl8pho~t telegram. or f8Q$lmlle shall not be accepted. Responaent(s) shall not be allowed to modit'ytt"leirRequesl for Pre-QuBllficallon. Afto.r the pUblished Request for ~e- Quallflcatlon $ubrnlSalon time. NOTE: New respondent(s) may submit their Request for Pre-Qualification at any time after the Initial submission time in order to be evaluated by the Purchasing ()epartment and added to tile "pre-Ou.emed" Ii$!' of Contractors. RespencJel'lt(s) are cautioned that an,. al,lbmlttats teceived after the irltiel requested time will be &YSIuated, but, could take t4) to thirty (30) days to do 50. b. POSTING OF RECOMMENOAT~N FOR PRE. QV41FII!D CONTRACTORS: Recommended Pre- Qualified Contractor(s) shan be publicly POIIted for r.vlew, at the Purchaaing Oepartme",t priOr to flnel approval, and shall remain po.ted for a pel'lod of frve (5.) business days, Respondent(s) des/rh'lg e copy Df the initillll Rlliqt,J~$t f(J( f:tre..Qualification posting summary may I'8qUest same by enclosing a self.addressed. stamped envelope with their Request for Pre--Qualif1cation. (NOTE: At a service to respondent(s), the County provides an unofficial list of award postlngs on our web slta at "!i1/.tI'i p~Dv.~ro(Qur aod on our bid hot-line. telephone 561-795-8080. ThesQ listings are L1pdl!lltOd weeklY, normally en Friday. If any diaer&P8flCY between theaellttlngs and the official posting in the PutChElSiog Department. the latter Shall prevail,) BOYNTON BCH FINANCE 5616166811 PAGE 11 P011/018 f -~'i~ T-4'T5 c. PROTEST PROCEDURE: Protest plOcedure: ! provided in the Palm Beach County Purchasing (,."".. Protests must be In writing, addre&6ed to me Director 0( Purchasing, identify the solicitation. specify the basis for the protest, and be received by the PurChasing Department within f~ (5) bUsiness days of the posting date of the recommended Pre-Qualified Contr-actor(s). The protest ili considered filed when it is receIved by the Purchaeirrg Oepanment. FliIMurtt to 'He a protest as OutlIned In the P~lm Beach County PUfcha$ittg COd9 shall constitute a waiver of proce8ding8 under tne referenced County Code. , e. CONTRACT ADMlNtSTFlATION a. QI;L.IVERY AND A(;~~F!:r ANCE~ Deliveries of all items shall be made as aeon as p09slble. Deliveries rll!!lultinQ from this Requut for Pre..Qualifieetlon are to be made during the normal W(Irklng hours of the County. Time is of tha essence and delivery date. must be met. Should the successful Pre-Qualified Con1ractur(s) fail to deliver on Of before the sta1ed dates, the County reserves the right to CANCEL the order or contract and make th. purchase elsewhere. The successful Pre-oualifled ContrllCtor(s) .hell be respon$lble for making any and all claims against csrriers for missing er damaged items. Delivered Items shalll'lot be conBidered t1acc;ept8(l11 until an authorized agent for Palm Beach County he' inspection or test of such items, determined that I appe9.r to fully oomply with speGIflc:"tions. Th. B~rd af County Comn'l188iOners may return, et ttle e~n$e of the successful Pre.Qualified ContractOf(S) and for full credit. any item(s} received which fell k> meet the County's specifications or performance st.,ndards, I). fOeDeRAL AND STATE TAX: Palm Beach County is exempt from Federal ;and State taxes. The 81J~OrIZed agent for Purcheslng shall provide an ltJ(8ffiptlon certificate lethe suo08ssful pre-Qualifled Contrllctor(s). upon request. Successful Pre-Qualified Contractor(s) are not exempted from paying a.lea tex to th~ir suppliers for materials tc) fulfill confr8ctual o!)ligations with the COllfUy, nor Slrt! s\JCICMSful Pre-Qualified Contl'flctor(s) atuthorized to USe! the County'. Tax EXen'lptlon Number in securing such materials. c. PAYM~NT; Payment shall be made by th& County after commodities/,ervices nave been received, accepted and properly invoiced as indicated in the contract and/or order. lnvoletls mU!lt bear the ord8r number. The Florida Prompt peyment Act is applicable to this solicitation. d. CHANGES: The Director of PurCll8fiing. Palm Beach County, by wrtttBn notification to the successful Pre- Qu81ifled Contraetor(s) may melee minor changes to the CO'l1ntct terms. Minor changes are definec modifications wnicn ClO not Significantly alter the $Ct..~ -, nell,lre. or price of the specified goods or toiJrviC8S. Typical minor changes inelu(Jf), but are not limited to, pleotl'of delivery. method of shipment, minor revisions to customized work speciflc:atlon8, and 8dmlnlstratlon (If 11/01/2007 08:01 5617426316 10-81-'07 15;26 FROM-PBC PURCHASING DEPT BOYNTON BCH FINANCE PAGE 12 5616166811 T-475 P012/1il18 F-270 '~~f the contract. The successful Pre..Quallfled Contraetor(s) 8hl!lll not amend sny provtsion of the contract wtthout written notification to the Director of Purchasing, and written aCCieptence from the Cirector of Purchasing or the Board of County Commfs;lonel'5, e. DEFAUI..!: The County may, bVwritten notice of cJefault to the successful Pre-Qualified Contratrtor(s), terminate the contract In whole or in part If the sLlcceeeful Pre..Qualifled Cont,.otor(s) falls to satls~ity perform any proVisions of this eoIIcltation or resuttal'it contract. or tal, to make progresG eo .. to endang6r performance under the terms and oondltfons of Ihis solicitation or resuttant contract, end does not remedy auah fairu... within iii period of 10 days (or such period u the OireclDr of Purr;:h..ing may authorize in writing) after JlKieipt of nmice fram the Director of Purchasing specifying such fajlure. In theever'lt the County t9rmlnatn thIs contrsot In whole or in part bel;;llu8. of default of the successful Pre-QullllflfJd Contractor(a), the County may procure goods and/or services similar to those terminated. and the succeeeful Pre-Quafifted Contract:or(s) shall be liable for any eXC$8B CO$ti incurred due to this action. If It Is determined that the successful Pra.QuBllfled Contraotor(&) was not In default or that the default waa excusable (e.g., failure due to causes be~nd the contrOl of, orwtthout the fautt or negligenoe of, the IUCC9lIfuI Pre- Qualified Contractor(s)). the rights and obligation, of the pan. shall be those providad In Section 6.f, "TerminatIOn for Con~lltence." f. TERMINATION FOR CONVENlENCE: The Dlr$Ctor of PurchMiog may, whsnever the in.rests of the Coun1y 5() require, ...minate the4;Qfltr8Ctlpre-qu.liflcatlOft proces&, in whofe or to part. for the convenience of the County. The Director of PurChI.InCl shall Qive written notice of tsrmination to the successful Prs-Q\.J.\lIUfied Contrector(i), s~ng the pCl'tiona of the eantrad to be terminated and when the farmination becomes effective. If only portions of the contrllct are terrnlnated, the .uccessful Pre.Qualifled Contrac::tar($) he. the right to withdrew, without edver.e action, from tt'Ht *"ti~ contract. Unless directed differently In th9 notice of termInation, the successful Pre-Oualtfled Contractor(s) shall incur no further obligations in connection wttn the terminated worl<, and shail atop WOrk. to b extent specified and on the date given In the notice of termination. Additionally. unle.' directed differently, the sUC08$Sful Pre~aualjfied ContrBOtor(s) shall terminate outstanding OrdBf'B andfor subcor.tracl$ rel4lted to the terminated work. THIS IS THE END OF "GENERAL CONDITIONS. t. - T..._. SPECIAL CONDITIONS 't GENERAL/SPECIAL CQtjQt:rION PRE~~QENCE In the event of conflict bet'wt'!en General Conditions and SpeCial COnclltlOns, the provisions of the Special Conditions shall have precedence. 11/01/2007 08:01 5617426316 10-31-/07 15:27 FROM-PBC PURCHASING DEFT BOYNTON BCH FINANCE 5616163811 T-475 PAGE 13 P~13/~16 r - ~'.. LC ray", u 7. eBE~ICA11ON All c;ontrectorslvendors who are in the busine88 Of provtdlng sewage. discharge. 81)d submersible pumps and rneet the terms and conditions of thia aoIicitation IIl1!J eligible, at any time. to be pre-qualifiltd for their ability to parform contract.a in 8Ccordance Wit,., this fiOIIcItation. ContractorsNendol'l Who have been pre.qualified and no longsr want to be soliGited rTl ay te(juest. in writlne, that "air compeny bt remo\l8a from the quelltled vendor liat. Request shall be submitted to Cindy Brewer. Buver, Purchasing OeP81mel'lL 50 S. Mlltary nan. Suite 110, West Palm Beach, FL. 33415. Palm Beach COllnty resenfes the right at Its sole and ebsaIute diecretlot1 to e<Jd qullifIfJd contractorslVendors at anytime. All contrac;t()t'!ll/vtllnoors interes"d in pre-Qua/if)'i1'lQ aha/I have an establistled business with sufficient persoftnel end expertise in the buaineU of prtMdlng.sewage. discharge. and submersible pumps to meet the requ!...mants of this solicitation. .. 1NSPECl'tQN OIF [6QU.IJ1ES 'NONorMANDATOR)1 Pte-Qu8lified Contractor(s) ere encouraged to visuallY inspect each fac:lity site where each "Project" is to be perforrnea TM requesting department shall send each Pre-Qualified contrlCtOr'{t) I notIce of the ProJoot WIth the location and time of t~e site inspection and..1ow enough tirna to make errengement to attend, Pre-Qualified Contractors are advised to rneke a tt'lcrough inspection of the eldeot of work. Mar the Project has been awarded, no extra charge or compensatlol~ will be ellowed Urllen by reason of unftn8ee8b1e cau... beyond his oon1ro1 and without fault or negligence. including. but not restricted to, Acts of God, said ch8nQil mutt be approved, In writing, by the Olrector of Purchasing. Pre-Qualified C()I"Itractor(s) are reminded that statements and information provided at AU.. ~gs/lnspection.s are not binding unle6$ Issued in writing as an amendment to the t=>>rojact 9. QUMJFlCATJON Of CONTAACTOR1S) I VENDORS Only responsive and responsible conlrsctc:nJvendors, qualified to provide the goods and/or service specified herein shall be considered for indusion to the pre-quallfled list. The con1ractorslvendol"S may be asked to provide sufficient evidente to Cl)f"Iflrm . uIiBf8CfI:Ir'y petforrnanc:e rer.::ord. Such infotrnetion may Include an adequate financial statement of resources, the ability to comply wtth required or prt1pOtlld delivery or ".,nofTT'lance schedule, a satisfactory record of integrity and business ethics. .h8 ~al:)'()ItG"",~...xpert&r.lce,.aocountino ano operation controls, and technical skills. and be otherwise qualified and eli ,.tg,receMt en award under appllGable laws and regulations. The contractorslvendors should submit the following information with their R.equest for Pre-QuallficaMn response; however, if not Induded. It ,hatl bfJI the retlIponsibility of the contnllctors/v.l'\dors to submit aU evidence, as solicited. within a time frame specified by the county (normatly wltlin two \Wrking days 0' requel:lt), ~81:ure of contractorslvendors to provide the required information wiItWllhe specified time ftlJlTle is considered sufficient cause for rejection of their Request for Pre-Qualification. NOTE: INFORMATION SU8MITTED WITH A PREVIOUS BID/QUALIFICATION SHALL NOT SATISFY THIS PROVISION. A. Contractor8lvenoolll. If not the manufacturer,must provide writ1M eVidence. from the manufacturer, which states th at the bidder la an .uthcrized de.urlcSistrlbutor/reseller of the manufacturer B. Letter from Adam Galickl, Engineer 11. (561) 493-6122 indicating approval of manufacturer and model offered. 10. Dt:TERMlNATIONfAWARO All reaponsive, reaponslbte contrac1ors whO meet ttle minimum qualifications will be autnorized to submit qu~t$S in aCOOrdance wittl Term end CondIIol'1 "Methcxl9f Orderino", end if awarded, provide the requlrecJ gOMS 9f1d services The ordering depal1metltwtl be respon/;.ible for evall.Jating the quotations I applying the SSE preter$nce. if 8pplleaDIe. and awara:ng It1e project. 11. TERM The terms and condltion$ of this solicitation $Ihsll remain in full force and effect and Sl'lallllp~ly to all ol"ders pi seed for all speCIfied -requests for various sewage, discharge. and .Ubmersible pumps. for Palm Beach County. It shall oantim;e Indefinitety and re- quaII~ and/or IermlnetiOn shalt be at the $Ole dl$Cfetion of Palm Beach Counly, 11/01/2007 08:01 5617426316 10-31-'07 15:27 FROM-PEC PURCHASING DEFT BOVNTON BCH FINANCE PAGE: 14 5616166811 T-475 ?014/018 F-270 I ~!a:l"""" 12. MI!THOD OF ORMRING (TERM CONTRACT) A Iett8r. noting a term oftweJve (12) months or unn tn. estimated funaing is expended, at the discretion of the COl,lnty, will be sent 10 II Pre-au1l1flecl Contractors. 11'18 County will notify aU Pre-Ouallfied Contractor(s) of each Pralsct on ar. "as needod balla" , All tellT1S ~ conditions of this solicitation are appllcabl9. De1erml"Btion of Speclfk:atio:11S for eaeh project wllll:le made by the ordering COW\ty derBtment. The otCIet'lnQ department WIll notifY au. U'le "pre-Quallfied" Contractors to present a written quote. Each Prajed. 8tl8II be awarded tc the Contractor ofl'ering the lowest fixed price, subject to the SBe provisions of term '# 3, c. hry ProjBd: thlll .. equal to or grMter than the Mandatory Bid Dollar amount (as stated below) shall be subject to Pain., e~ch County Cede Chapter 2. ArtIcle III. Section 2.52. The "Mandatory Bid Amount" islhe threshold dollar amount established as ,polley by the Roei'd of County Commlsslon8rB at and above whicti a formal competitive sealed bid prooet. must De used. Presently the mandatary bid amount for eny Project IS twenty-fIVe thousand Coll.rs ($25,000.00). Any Project thet exceeds the mendItory bid amount shall be separat.ety solicited via a formal competitive sealed bid process. 11 .EW&~ Tho ilUl',';CNlIful P~u:il1fi9d COntrectcr(s) shall b" Pre-Quallfled Indefinitely. Projects snail be subject to the appropriation of ~nde by the BoIrd of County Commll8lOnera. 14. ESTIIIAlED EXPEM::JITURES The anticipated funding during the Initial 12 month period is ..900. Palm Beach County reserves "the right to increase or dC.I.. NIIItIclpMed vatue .. nece&sary to meet actusl requirements, and to re-advertis~ for the contracted services at allY time afterlhe ~ated value of this contract has been reached, notwithstanding ttlet the anticipated term has not be$n ~"'d. 15. TlM!!'OR COMPLETION J DELIVERY Canll.~s~ acknollllf!d~ ~ agrees that the time Of completlonldellv9ry Is 911 essential condition of this contract. By IltDnIting a nllpense. contracto/1lV8ndors. if awarded WOrk, agreGS to bGgll1l111Ork at the specified time frames as stated in Iheir quote. and to prosecute the work uninterrupted 1n such a manner, with sufficient labor, equipme"t and/or materials so as to eneure Ita comp\..an within the 'Greed time frame b..ed on the County's Issuance o1a -Notice to Proceed:' 16.. m~ lJMt' fQ8JEIUfJHJNQ QUOTAT1QrtS P....oueatled Contl'lCtOl'S .hall retUrn their quotation no more than five (5) businQss days after the non-mandllltory site inspection Uf1IMa oIwNIlte $peC)lfied by the ordering department. Feilure Of tl'le contractOr(8) to SUDmit the Quotation withIn me rlJqulred time IpocIIOG ~I be coneldered . -NO QUOTE" end the Contl'8ctor(s) will nDt be eligible for consideration of award for that Projeot. In the best interest of Palm Beach County. the time limit requirement may be Ch8l"lgeCl (in writing) in specifIC instances. Failure to respc:If1d to a reqUBstsd Project quotation five (5} times consecutively may constitute alack of interest end remove I frorTI &he Pre-Qualiftc8tion 1st unless ~ In writing by Corttractor to remain active or to be rl!tlnatated. 17. WORK SITE SAFETYIMCURITY The successful Pre-OuellflOd Contractor(s) snail at at! times guard against damage OT loss to the property of Palm 80ach County. the Con~, QWfI property. and/or that of other contractors. and shall be held retpOnsible for replacing or repairing any such loss or damage. When applicable, the Auecessful Pre-Qualified Contractcr(s) Shall provide '&"'~8. signs. barricades, flashing lights, etc. rtea'$S8ly to protect end secure the work site(s) and insure that all County. State of Florida, OSHA, l!JI'Id ott'Ier applJc:8ble safely regulations lire met. Additionally, auccessful Pre-Qualified Cootraetor(s) "!'lall prOvide for the promj)t removal of afJ debrt8 ft'om Pafm Beech COUnty pIOperty. Palm Beach CCunty may withhold payment 01' make such deductions as deemed nocesGary to ensure lliIimbun;emenr or reptacement for 10$13 or damage to property through negUgenc.e of the successful Pre- QuaIIIed Contractor(a) 01" their agents_ 11/01/2007 08:01 5617426316 1(;;-31-'fJ7 15;:8 FRct1-PBC PUHCHASlOO DEPT BOYNTON BCH FINANCE PAGE 15 5616166811 T.,475 ?015/018 F -270 .. ......UV 1.... SPECIFICATIONS FOR 04-191/CB REQUEST FOR PRE-QUALlFICATION OF VENDORS TO PROVIDE SEWAGE, DISCHARGE. AND SUBMERSIBLE PUMPS ON AN AS NEEDED BASIS The sole purpose of this solicitation '$ to secure a listing of pre...qualified Contractors for the purchase and dEllilJe;y of sewage, discharge, and submersible pumps manufact.ured by DAVIS/EMU or FL YGT, for the War.r Utit!ties Departrnelll. on an "iilS needed basis." GE~Ef3,AL 1. Only pumps approved under the Weter Utilities Department Minimum EnQineel'ino 809 Construction Standards. Potable Water. Reclaimed Water. aM Weste..water 8\>1\t,"",5 effective: J-.nuary 13.2004. wilt be tJccepteG under this solicitation, 2, Vendors who WOUld like to Qffer a brand named pump. currently not identified if! the Minimum Engin.,ering and Con81ruc;tion Standards. Potable Wliltsr. Redaimed Water. and \CI~,*&water Svstmti. shall contact AdBm I3l1licki at (561) 493-6122 to obtain detailed InfOrmation WhIOh will defne the formal evaluation process far product {pump} approval. 3, Pre-qualified vendors, prior to SUbMItting El ~uote are strongly recommended to cotltact Adam Galicki. Water UtilitiQS Department (561) 493-8122 and becomefsmiliarwith theapplicetion oftM pump(s) 9ffecting the quote process. The vendor is also advised to carefully examine sam""c!l drawings, specltlcattcns 8"0 to become t1lOroughly informed regarding any and all conditions and requirements. No additional allowances will be made due to lack of knoiNIedoe of these conditions. Fl'JillJr~ to prov;de an acceptable pump wilt requIre rejection of the product and the vendor will be required to remove the purl' no additional charge to the county. 11/01/2007 08:01 5617426316 1~-31-t07 1528 F~)N-PEC ?U~JHA5ING DEFT BOVNTON BCH FINANCE PAGE: 16 5616166811 T-475 ?t1!16/:d18 F - 270 Page 11 P8i-oUALlFICATION RESPONSE PAQ~ REQUES'{" 04-191/Ce EST ABLlSN A LIST OF PRE..QUALtFIED CONTRACTOR8/VENDORS TO PROVIDE SEWAGE, DISCHARGE, AND SUBMERSIBLE PUMPS ON AN "AS NEEDED" BASIS The undersigned hereby applies for Dre.qualincatlon under this solicitation. and acknowledges and agrees to all the terms. conditions and specifICations of thi5 ~{cltation to provide the reque8ted pump(s}. NOTE: ~alm Beach County makes no commitments nor guarantie~ wnatsotwer to allY ofthe Pre-Qualified Contractor(s) with respa to a specific amount of work or CPffipensation. Is Qualifscation of Contrsctot(s) Indudad. per term and Condition # ..Jl? YES <: Initial r--. --'"'--...- · PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT tN THE REJECTION OF YOUR REQUEST FOR PREooQUAlIFICATlON) By signature on this document. respOI'ldent(s) acknowledges and agrees tl'let itS offer includes and accepts aU telTtls. CQndltlon$. an('J speCifICations Of the Countys Request for Pre-Qualification solicitation 8$ origineUy published. without excepticm. change or altaraUon of any kind. except as may have been published by the County in official amendments prior to this date of submittal. .... .b........_ ---- FIRM NAME; (enter the entire le081 name of the ....ponding entity) DATE: * SIGNATURE: ] PRINT NAME; -- ~T TITLE: -----..-- ADDRESS: ~ CITY / STATE: --- - ZIP CODE;; III - TELEPHONE # ( ) E-MAIL: TOLL I=RE~ # ( ) FAX #' ( ) APPLlCABLJ: LICENSEeS) NUMBER # ~ ~ - - TYPE:__ ~-- J FEDERAL 10 # . - -- -..-... - ..... ---- 11/01/2007 08:01 5517425315 10-31-' 07 15 28 FRtl1-PBG ?UFlCHAS1NG DEPT BOYNTON BCH FINANCE PAGE 17 5616165811 T-475 p[117n18 F-270 Pal STATEMENT OF NO RESPONSe TO REQUEST FOR PRE.QUALIFtCATION # 04-19.1 fCB If you are not responding to this service/commodity. please complete and return this form to: palm Beaen County PurChasing Department. 60 South Military Trail. Suite 110, West ~alm Beach, FL 33416-3199. Failure to re&pond f11ay result in deletion of vendor's name from the qualified bidder's "st for the County o. Palm Beach. COMPANY NAME: AODRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have (lqellned to res pones to your Request for Pre-Oualification No. ~ tor becauae or the fOllOWing reason(s); (S1lI"'~JComl'1odi\,) SpecifICations too ''tight''. i ,e., Qeared toward brand or manufacturer only (explain bek;wJ) Insufficient time to r8$pOOO to the Request foI' Pre..QuallfieatiOl'l Wa do not offel' thiS product Of 1!1'I.~I..Ii...alent Our product schedule would not permit u$ to pe-rorm Unab~tom88tsp8~ffications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: ...-rvt_______,-.-__.____~'--. 11/01/2007 08:01 5617426316 1~-31-/07 15 29 F~)M-PBC ?UBCHASING DEFT BOYNTON BCH FINANCE PAGE: 18 5616166811 T-47l) ?018/01E F-270 Page 13 DRUG-FREE WORKPLACE CERTIFICATION REQUEST FOR PRE.QUALlFICATION .04.1A1/CB_ meNTl~ TIE BIDS/P.130~QSALS. In accordane. with Section 287.087, F.S., 8 preference shall be given to vendors submitting with their bids/proposals the following cortrficatio" that th~ have implemented a drug.fr.. WorMplaco program which meets the r.qu'rem.."tl of Section 217.087; provided, howevor. that any preference given puraLlant to Section 287.087, shall be made in conformity with the requirem&nts pursuant to the Palm Beach County Code, Chapter 2, At1!cl. nl, Sectlons 2-80.21 thru 2-80.34. 11'1 'h. event tie bids are received from vendor. who h.ve not submitted with 'tho" bid!l1prOp6..ba , eornplet.d Drug-Free Workplace Certlflc.tion form, the award will b. mado In accordat'\ce with Palm "'ch County'. purcha.lng procedur.. portall'llng to tie bid.. This Drug-Free Workplace Certification form must ~ Oxecuted and retu r.,ad with the attached bid/proposal, and ".ceiV.d on Dr befgte time of bid opening to be con..idered. The '.."ure to elC8eute and/or retum thi* cortlflcatlon shall not Cause any bid/propotl.' to be dHmed non-rv-.pDnsive. Whenever two (2) or more bids/proposal. Whi~h ar. equII with rAspec:t to price. quality I and .etvleo ere received by Palm Beach County for ttte procuremet1t of commodities Or ~O"tr.ct"al s..viC.', _ bid/proposal received '1'01'1'I . bu.in.... thlt certifies that It has imptem.nted a drug"'r.. workplal:e program shall be Qlven preference in the award proceSS. In order to have a drug-fre, workplace progfam, a business shall: {1} PUblish II statem.nt notifying employe.s that the unlawful manufa~ure, distribution, dispensing, POssession, or lIse of a c:ontrolled substance is proniblted in the WOrkplace and specifying the actiOns that will bv taken agalnlt emplOVtl.. for violations of SUCh prohibition. (2) Inform employees about the dangers of drug abuse in the wori(place. the buSI""s's policy of maintaining a drug- fr.. workplac.. an, naiblble drug coun$ollng, nth'bUlb!ltlon, al'td employee a...lstance programs. and the Pen,ltie. that may b. ililpoHd upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are ul1der bid a copy of the statement .peoified in number (1). (4) In the statement specified in number (1), notify the employe-o. that, u a condition of wol1dng on the commodities or conttl~tu.l8ervices th.t ... under bid, the .liIplC)~O& will_bide b~ the term, of the statement and will notIfy the employvr of any conviction of, or plea of guilty or nolo contend.r. fCt, any violation of Chapter 893, Florida Statutes. or of any controlled substance faw of the United States or any state. for a violation occurring in ttte workplace no fater than five (5) days after such conviction. (5) fmpose a sanction on, or requirft the satisfactory participation in II drug abuse asstetance or rehabilitation program if such ".vallable in the employee's communIty. by any employee who is $0 convicted. (6) Make. good 'alth effort to eonlinue to maintain a drug..fr.. workplace through irnptementation Section 2&7.087. FJotlCfa Statute.. THI$ Cf:RTIFICATION Ie .ubmilbtd by (Individual's Name) the _ of. ,_ (Name of Compl!lnY~dot) (TltlelPosition with Co;;panyIVendOr) who does hereby certify Itlat sllIlid CompanyNl'ndor has. implemented I drug.'r&.. workplace program which meets the requirement$ of Section 287.0&7, Florida Statutes} which are identified in numbel'$ (1) through (6) above. Signature Date \ \ PUMP POWER TYPE MOTOR TYPE HP RPM CORD SELL PRICE$ FA10.51 E F0172-4/8 3.6 1700 40feet $3,953.00 4" F0172-4/8 5.4 1700 40feet $4,162.00 4" F0172-4/8 7.5 1700 40feet $4,789.00 FA10.65E FK202-4/17 15 1700 40feet $9,032.00 4" FK202-4/22 20 1700 40feet $9,450.00 4" FK202-4/27 25 1700 40feet $10,954.00 FA 1 0.33E F0172-4/8 3.6 1700 40feet $3,953.00 4" F0172-4/8 5.4 1700 40feet $4,162.00 4" F0172-4/12 7.5 1700 40feet $4,882.00 4" FK17.1-4/16 10.2 1700 40feet $5,800.00 FA 1 0.34E FK202-4/12 10.5 1700 40feet $7,316.00 4" FK202-4/17 15 1700 40feet $8,765.00 4" FK202-4/22 20 1700 40feet $9,070.00 4" FK202-4/27 25 1700 40feet $9,854.00 FA10.41 E F0172-4/8 3.6 1700 40feet $3,997.00 4" F0172-4/8 5.4 1700 40feet $3,997.00 4" F0172-4/12 7.5 1700 40feet $4,515.00 FA10.82E FK202-4/17 15 1700 40feet $8,865.00 4" FK202-4/22 20 1700 40feet $9,357.00 4" FK202-4/27 25 1700 40feet $10,770.00 FA15.66E FK202-4/22 20 1700 40feet $10,100.00 6" HC20.1-4/22 23 1700 40feet $10,995.00 6" FK202-4/27 25 1700 40feet $11,515.00 6" HC20.1-4/30 31 1700 40feet $11,950.00 6" FK27 -4/24 40 1700 40feet $17,441.00 6" T24-4/36 Air Cooled 50 1700 40feet $17,246.00 6" FK27 -4/32 56 1700 40feet $19,195.00 FA15.84D FK202-4/22 20 1700 40feet $9,775.00 6" FK202-4/27 25 1700 40feet $11,485.00 FA15.95E FK27.1-4/24 40 1700 40feet $17,441.00 6" FK27.1-4/27 56 1700 40feet $19,195.00 FA15.52E FK202-4/17 15 1700 40feet $9,375.00 6" FK202-4/22 20 1700 40feet $9,775,00 6" FK202-4/27 25 1700 40feet $10,740.00 Cost Plus % for items not listed 10% Wilo-EMU 2008 Municipal 4"/6" Pump Pricing 230/460v/3/60 1700rpm VI.-CONSENT AGENDA ITEM C.! CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting: Dates in to City Clerk's Office 0 December 18,2007 December 3, 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon) 0 January 2, 2008 December 17, 2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) 0 January 15,2008 December 31,2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon) ~ February 5, 2008 January 14,2008 (Noon) 0 April I, 2008 March 17, 2008 (Noon) ("") n=1 =1-< -<0 C") .." l'-co fTlO "'tJ ?::-( __ .2: .., U) -.; :x 00 ..r::- ,.,:::: ,.,0') W -IT\ (")> RECOMMENDATION: rt1("') Motion to approve and authorizing the City Manager to sign Task Order No. U07-19-1 with URS Corporation for ::x: engineering services related to potable water main and stormwater improvements in the Lake Boynton Estates subdivision. Announcements/Presentations Code Compliance & Legal Settlements Public Hearing o o o o o City Manager's Report New Business C) CO '- :x:- :z: f +- NATURE OF AGENDA ITEM o o !3J o o Administrative Consent Agenda Legal Unfinished Business EXPLANATION: The Lake Boynton Estates subdivision is served by small diameter water mains, with some in utility easements located along the rear lot line of the residential units. These lines, comprised of galvanized steel piping, tend to yield substandard flow rates and poor water quality. The subdivision is also served primarily by a swale-type storm drainage system that experiences localized ponding during severe rainfall events. In addition, portions of the subdivision at its extreme western boundary do not have water or sewer lines available. This task order will provide for a redesign of the potable water distribution system, including water mains at least O-inches in diameter and relocated to the front of each parcel. The task will also include improving the stormwater system to eliminate ponding, and extending sanitary sewer to all homes where feasible. The task order with URS Corporation includes services for the design, bidding, permitting and construction administration of this project. PROGRAM IMPACT: This task will lead to improved drinking water quality and flow in the Lake Boynton Estates subdivision, improved fire flow, improved storm water treatment and disposal, and the elimination of existing septic tanks in the western portion of the subdivision. Dcsign and pcrmitting of this project will occur during the current fiscal year, with construction anticipated in FY 2008-09. FISCAL IMPACT: The cost for this task order is $206,933, to be funded from the Utilities CIP, account numbers: Potable water- Scwcr - Stormwatcr- 403-5000-590-96-02 (WTR 133) - 50% 403-5000-590-96-04 (SWR 115) - 25% 403-5000-590-96-07 (ST1\1 (33) - 25% s: BULLETJ~ FOR~lSACiE~DA ITEM REQl:EST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERN A TIVES: Continue to perform repairs as needed on the potable water system, and maintain the status quo regarding drinking water, stormwater and septic tanks. .;~~~ \~ ~ 0 , . he., ' ~~~ . epartment Head's SIgnature " ~M~ (. Clty anager's Signature Department Name Assistant to City Manager 171- City Attome);/l Finance '\ , -;.,~ \j~- I L- l-\ \Fl xC: Peter Mazzella Michael Low Barbara Conboy Finance Dept. File S BULLI:TIN.FOR1\lS ..\CiEND.'\ ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO EXECUTE TASK ORDER NO. U07-19-1 6 IN THE AMOUNT OF $206,933.00 WITH URS 7 CORPORA TION FOR ENGINEERING SERVICES 8 RELA TED TO POT ABLE WATER MAIN AND 9 STORMW A TER IMPROVEMENTS IN THE LAKE 10 BOYNTON ESTATES SUBDIVISION; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, this Task Order will provide for a redesign of the potable water 15 distribution system, including water mains at least 6-inches in diameter and relocated to the 16 front of each parcel; and 17 WHEREAS, the task order will also include improving the storm water system to 18 eliminate ponding, and extending sanitary sewer to all homes where feasible; and 19 WHEREAS, the City Commission of the City of Boynton Beach upon 20 recommendation of staff, deems it to be in the best interest of the citizens of the City of 21 Boynton Beach to authorize execution of Task Order U07-l9-l in the amount of $206, 22 933.00 with URS Corporation. 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 confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby authorize and direct the approval and execution by the City Manager of Task Order S:ICAIRESOlAgreementslTask - Change Orders\URS U07-19-01 doc 1 6 7 8 9 10 11 i I 121 13" 14 15 16 I 1711 18/1 ~~ II 21 'I 221 23 24 25 26 27 28 29 30 31 1.1 I 'I I, II I U07-] 9-01 in the amount of $206, 933.00 with URS Corporation for engineering services 2 related to potable water main and storm water improvements in the Lake Boynton Estates 3 subdivision, a copy of which is attached hereto as Exhibit "A". 4 Section 3. This Resolution shall become effective immediately upon passage. 5 PASSED AND ADOPTED this __ day of February, 2008. CITY OF BOYNTON BEACH. FLORlDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay ATTEST: Commissioner - Marlene Ross Janet M. Prainito, CMC City Clerk (Corporate Seal) S ICA\RESOlAgreements\Task - Change Orders\URS U07.19-01 doc 2 URS Task Order No. U07-19-01 Lake Boynton Estates Utility Improvements A. Introduction and Background URS has prepared this task order at the request of the City of Boynton Beach Utility Depmiment for professional services in accordance with watem1ain replacement and relocation, the extension of sanitary sewer and the rehabilitation of the stOTInwater management system at the Lake Boynton Estates Subdivision. The existing 2-inch galvanized, rear-yard watem1ain is to be abandoned in place, replaced by a 6-inch ductile iron pipe system and relocated to the public right of way. Sanitary sewer is to be extended westerly from NW 8th Street to the westem extents of the development. The existing stormwater management system is to be rehabilitated to reduce impeded flow and subsequent flooding. B. Scope of Services The Engineering Services of URS Corporation (CONSULTANT) shall include the following tasks: . Task 1 - Data Collection . Task 2 - StOTInwater Study and RepOli . Task 3 - Kickoff Meeting . Task 4 - Design . Task 5 - Permitting . Task 6 - Bidding . Task 7 - Construction Administration Services The specific scope of services to be provided by CONSULTANT in this Task Order includes the following: Task 1 - Data Collection 1.1 Topographical Survey CONSULTANT shall furnish the services of a state registered professional surveyor to provide survey services consisting of topographical survey with boundary infoTInation of the Lake Boynton Estates Subdivision. The topography and horizontal locations are to reference baseline stationing and control will be referenced from the Palm Beach County Control Network, which is the NOlih American Datum of 1983 on the 1990 adjustment. All existing structures and improvements hum hont of house to front of house will be URS Corporation 7800 Congress Avenue. Suite 200 Boca Raton, FL 33487 Tel: 561.994.6500 Fax: 561.994,6524 URS referenced by baseline stationing with an offset distance (left or right) fi'om the baseline. ],1,1 Topographical survey at ] OO-foot intervals and at major ground elevation changes to depict the existing ground profile at the project area. All topographical surveys shall have stationing established from the south to n01ih and from the west to east where applicable, This shall be accomplished by creating a baseline in the field to collect peliinent data which shall include the following: 1.1.1.1 Verification of the Client supplied electronic information which includes horizontal location of which includes specific visible fixed improvements within the right-of-way for all roadways in the project limits. Specific visible fixed improvements include physical objects, roadway pavement, driveways, sidewalks, power poles and other encumbrances. Verification of this data will include field survey of a portion of the project site and comparison to the existing infol1nation, In addition, this task includes collection of all existing driveway culverts, sizes and inverts. 1 .1 .1.2 Location of all known above ground and below ground existing utilities including but not limited to FP&L, BellSouth, AT&T. Cable TV, Natural Gas, Force Mains (pipe diameter, top and valves), Sanitary Sewers (pipe, diameter, manhole inverts and direction, rim elevations are to be included for structures from which the sanitary system will be extended from and the structure directly downstream), Storm Sewers (pipe, diameter. manhole inverts and direction, rim elevations) and al I other accessible structures, This task will include coordination with the City of Boynton Beach Utilities. All soil borings and coordination with SUNSHINE will be handled by the geotechnical consultant prior to commencement of the survey effort. 1.1.1.3 Identification of platted right-of-ways (including bearing and distances for centerlines, lot numbers, house address. ownership lines, block numbers and dedicated easements. 1,1.1.4 Elevations should be indicated every 100 feet, at a minimum. to indicate centerline grades, edge of pavement f,rrades, shoulder grades, swale grades, high points, low points, and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. .., URS 1.1.1.5 The survey shall include topography of the complete intersections. 1.1.1.6 Provide reference benchmarks at a maximum of 500 foot intervals. Elevations to be referenced to an existing established City or County Benchmark. 1.1.2 CONSTUL T ANT shall provide visual verification of survey. 1.1.3 The above topographical survey data will be prepared in AutoCAD fonnat at a scale of 1" = 40'. The survey will also include the location of all soil borings and percolation tests (indicating boring number) and any utility potholing. 1.2 Geotechnical CONSULT ANT will provide professional geotechnical engineering services to provide subsurface investigations. The resulting data will be incorporated into the design documents. The data collected is to include: 1.2.1 Perform up to 12 standard penetration tests (SPT) borings to an average depth of fifteen (15) feet. These borings to be evenly distributed throughout the project area. 1.2.2 Perfonn up to 5 percolation tests. These tests are to be distributed throughout the project area, but located at intersections or low areas. 1.2.3 Prepare a Geotechnical Report summarizing the data collection and analysis. Task 2 - Stormwater Study and Report 2.1 Obtain existing stormwater permits and calculations for subject and adjacent properties from the South Florida Water Management District and the City of Boynton Beach. 2.2 Prepare a conclusive hydrologic analysis of the project area utilizing material collected as part of tasks 1.1 and 2.1. The resultant report is to include an analysis of existing conditions and recommendations to alleviate local flooding. Task 3 - Kickoff Meeting 3.1 CONSULTANT shall attend one (1) kickoff meeting with the CITY and provide a written summary of the issues discussed. The summary will include 3 URS resolutions and action items listing responsible p311ies if additional action IS required. Task 4 - Design The CONSULTANT will provide professional engineering services tor the abandonment and relocation of watennain, the extension of gravity sanitary sewer and the rehabilitation of the stonnwater management system. 4,1 Utility Coordination Coordinate with franchised utility agencies (electric cable TV, telephone. natural gas, fiber optics, etc.) to obtain record or as-built infomlation. This information will be utilized in detennining locations for new watennain and sanitary sewer. 4.2 Design Documents The preparation of design documents are to consist of construction drawings and technical specifications. 4.2.1 Construction Drawings, meeting the "Utilities Engineering Design Handbook and Construction Standards {()r the City of Boynton Beach Utilities Department, Volume One" are to include, but are not limited to. the fol1owing: Cover Sheet General Notes Existing Conditions Demolition Plan Horizontal Control Plan Paving, Grading and Drainage Plan Utility Plan and Profiles Details The design information contained in the drawings includes: · Installation of front yard, 6-inch Ductile Iron Pipe (DIP) watennain and abandonment of the rear yard, 2-inch galvanized water service, · Extension of gravity sanitary sewer system westerly from NW 8th Street to the western extents ofthe development. · Rehabilitation of the storm water management system. Construction Drawings submittals to the CITY are to be made at the 30%. 60% and 100% stages. CONSULTANT shall meet with the CITY subsequent to review of the submitted drawings set to discuss comments, 4 URS The comments will be incorporated into the following submittal set. One (1) set of electronic copies of the 100% drawings in AutoCAD fonnat will be submitted to the CITY on CD. 4.2.2 Technical Specifications are to be prepared for bidding purposes and will be submitted to the CITY with the Construction Drawings to constitute the Construction Documents. The 30% submittal of the technical specifications will be submitted in Index form only. Full specifications will be submitted at the 60% and 100% stages. Contract Documents will use the CITY's existing "Front End" conditions modified by the CITY as appropriate for this project. Division 1 and 2 technical specifications will utilize the CITY's master specifications modified by CONSULTANT as appropriate for this project. 4.2.3 An opinion of probable construction costs will be prepared and supplied to the CITY for the 30%, 60% and 100% submittal stages. The opinion of probable construction costs will be consistent with the bid proposal tabulation sheet for the project. 4.2.4 Internal Quality Assurance will be supplied by the CONSULTANT for the 30%, 60% and 100% submittals of design documents. Task 5 - Permitting The CONSULT ANT will meet with regulatory agencies to detennine all potential design permitting requirements. The anticipated regulatory agencies include, but are not limited to: City of Boynton Beach South Florida Water Management District Florida Department of Environmental Protection Palm Beach County Health Department Permit applications will be completed and fees will be determined by the CONSULTANT. Permit application fees will be paid by the CITY. The CONSULTANT shall attend up to one (1) pre-application meeting with each regulatory agency and one (1) meeting with agencies during permit review. This task includes responses to up to two (2) requests for additional information from each regulatory agency. 5 URS Task 6 - Bidding Bid phase services to be performed by the CONSULTANT will be consistent with the guidelines in the "Standard Procedures and Functions for Consultants, Procurement Services, and the Project Management Team" provided by the CITY and include the following: 6.1 Preparation of Design Document packages (Drawings and Specifications) and submittal to CITY for advertisement and bidding purposes. Drawings to be full size (24" x 36") fonnat. 6.2 CONSULTANT will attend a pre-bid conference with interested contractors and CITY staff. 6.3 CONSULTANT shall respond to Requests For Infonnation (RFI) submitted to the CITY. Response will be made to the CITY for distribution to all planholders. Technical infonnation for up to three (3) addenda is assumed in the budget for these services. 6.4 CONSULTANT shall attend the bid opening, review bid packages received, provide the CITY assistance in preparation of the bid tabulation form and recommend award. Task 7 - Construction Administration Services The CONSULTANT shall provide Construction Administration Services for the duration of the construction period that include the following: 7.1 The CONSULTANT will attend a pre-construction conference with selected Contractor and CITY staff. 7.2 The CONSULTANT will review Shop Drawings and Product submittals for general conformance with the design intent and provisions of the Contract Documents. These services include the review of up to fifty (50) submittals, Any rejected shop drawing will only be reviewed once following revisions by the Contractor for compliance with the approved drawings and specifications. 7.3 The CONSULTANT will attend monthly progress meetings and provide a written summary of issues discussed. The progress meetings will be conducted by CITY staff. Minutes of the meeting will be submitted to the CITY, Meetings to be held at the City of Boynton Beach Utilities Department. 7.4 The CONSULTANT will review monthly payment applications submitted to the CITY by the Contractor. These services include review of the quantities represented in the payment application and recommendations to proceed. 6 URS 7.5 The CONSULTANT will respond in wntll1g to Contractor RFI's regarding design documents. If the quantity of RFI's received is deemed excessive by both the CONSULTANT and the CITY, additional fees may be required on an hourly rate based on the agreed upon rates. 7.6 The CONSULT ANT will assist the CITY in preparation and negotiations for Change Orders (CO) and field changes. 7.7 The CONSULTANT will make weekly site VISItS during the term of construction. This task assumes a 12-month construction period. 7.8 The CONSULTANT will certify to the regulatory agencies that the project was constructed in general conformance with the pennitted plans. C. Assumptions In preparation of this Task Order, the following assumptions have been made. Modifications to the above Scope of Services or these assumptions shall be considered as an Additional Service Item under the terms of this contract. The assumptions include: 1 The scope and fee for this project is for those items listed in item 4.2.1 exclusively. If additional design may be required that is not a part of this scope, an amendment to this Task Order shall be executed. 2 There will be no permitting required through FDOT. 3 The roadways included in this project are owned and maintained by the City of Boynton Beach. 4 The CITY will provide the CONSULT ANT with available record or as-built drawings. 5 CITY will assist CONSULTANT locating existing CITY utilities by painting existing watennains, sanitary sewer lines and stonn sewer lines prior to data collection with the intent this infonnation can be included in the topographical survey. 6 CITY will televise existing sanitary sewer system in the project area and provide CONSULTANT with locations of sanitary sewer laterals. 7 The CITY will provide the CONSULT ANT with electronic copies of "Front End" documents in .doc format. 8 Legal work necessary to establish easements for the installation of the watermain, if required, will be the responsibility of the CITY. 7 URS 9 Deviations from the final design drawings will be compiled by the Contractor and electronically incorporated into the drawings files, Two sets of signed and sealed Record Drawings by a state registered surveyor will be submitted to the CIT'{. One' set of which will be provided to the CONSULTANT for submittal to the Palm Beach County Health Department. 10 The CITY is responsible for all pe1111itting fees including applications, cer1ifications and public notification. 11 The design does not include survey work for verification of horizontal or vertical alignment of existing utilities within the project area. Utility locations will be developed based on the best available infonnation available from the franchised utility owners and provided by the CITY. 12 The design shall be based on federal, state and local codes and standards in effect at the beginning of the project. Revisions required due to subsequent changes to those regulations shall be considered an Additional Service Item, 13 Roadway reconstruction is not included in this Task Order and will be included as an amendment if the st01111water study concludes that such is required. 14 Contractor shall obtain any required dewatering pennits. D. Contract Reference This Task Order shall be perfonned under the tenns and conditions described within the Agreement for General Engineering Consulting Services dated November 18. 20m between the City of Boynton Beach and URS Corporation. E. Additional Services The following can be provided as Additional Services, but are not included within this Task Order: Field verification, both horizontal and vertical, of existing utilities. This will be accomplished by pot-holing anticipated locations of the utilities. 2 Permitting activities associated with tree removal. 3 Geotechnical services in addition to those specifically mentioned above. 4 Environmental services in the event contamination is found to be evident on the project site. 5 Water or sanitary sewer capacity analysis. x ....- URS F. Obligations to the CITY The CITY shall provide available record data in a timely manner. This data includes information regarding the water system, sanitary sewer system or stom1water system. In addition, any design or calculations for the project area or adjacent areas in included. 2 The City shall review any documents submitted by the CONSULTANT in a timely manner and obtain professional advice from those CITY deems appropriate for such reVIew. 3 The CITY will be responsible, as applicant, to obtain all pennit approvals from regulatory agencies. G. Compensation Compensation by the CITY to the CONSULT ANT for the above tasks will be on a Lump Sum basis. The itemized tasks fees are included in the attached spreadsheet. The total CONSULT ANT fee for this Task Order is $ 206,933. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this day of ,2007. SUBMITTED BY: URS Corporation By:4~-~~~~;(/? ~ 7~# Thomas F Mullin Vice President Dated this ~~ dayof ~~6V- ,2007. 9 URS URS Lake Boynton Estates - Utility Improvements COST ESTIMATE SUMMARY TASK Task 1 - Data Collection Task 2 - Stormwater Report Task 3 - Kickoff Meeting Task 4 - Design Task 5 - Permitting Task 6 - Bidding Task 7 - Construction Services !1. EVENTS $/EVENT LS $60,217 LS $11,208 LS $1,972 LS $57,228 LS $28,864 LS $12,408 LS $35,036 Total 12/10/2007 TOTAL $60,217 $11,208 $1,972 $57,228 $28,864 $12,408 $35,031'1 $206,9 10 ..~--.--- 1 ,'M;. .',"' 1''-- ....-ly- . 1 ., .L ".. " ' ! ,; "', ~L ; -", .." . i I -. .... .. - .' ... '~,:.-~'>ilo-,., ':_',L- t.'L I r i;- -.--. ~ --"0 J '" ~ '.' L'" f , ........ . " en +-' C Q) E Q) > o !.... c.. E - en Cl) +-' CO +-' en W c, o +-' C ~ o CO Q) ~ CO .-J VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office 0 December 18, 2007 December 3,2007 (Noon) 0 0 January 2, 2008 December 17, 2007 (Noon) 0 0 January 15,2008 December 31,2007 (Noon) 0 X February 5, 2008 January ]4, 2008 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office February 19, 2008 February 4, 2008 (Noon) March 4, 2008 February 19,2008 (Noon) March] 8, 2008 March 3, 2008 (Noog C- :r:w March] 7,2008 (NoOJl.f: I \D n G-1 ::::;-< -<0 n-" '-OJ r-; 0 ':)-( :xx "-,;-1 '0 aZ "co ::!f"T1 <"'>:> f"T1("") ::c April I, 2008 NATURE OF AGENDA ITEM o o ~ o o Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing o o o o o City Manager's Report 5t New Business C5 Legal Unfinished Business .r:- U1 RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service outside the City Limits with Raymond & Lois Marcinkoski Trust for the property at 1053 Highland Rd, Lantana, FL. EXPLANATION: The parcel covered by this agreement includes a single-family home located in the Unincorporated Palm Beach County area. Only potable water is available for connection to the property at this time due to water main improvements constructed by Palm Beach County a few years ago. (See location map). Water service areas have been agreed between the county and the various local utilities. We are required to provide water to anyone within our service area when requested. Customers outside of the City Limits pay an additional 25% surcharge. PROGRAM IMPACT: No additional construction will be required by the City to serve this property. FISCAL IMPACT: None (V ~~~_A.TIViTn'. . T:ar~.;, wi~.._hi.nlth' Utiliti" "'<vi" area. I J _ Il \ ~l ,~l::,~~ ~ UJ-t1I~ :1' Department Head's Signature CIty Manager's Signature Assistant to City Manager ~ UTILITIES Department Name City Attorney / Finance Xc: Peter Mazzella Anthony Penn City Attorney File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 20 21 y) ..1 -~ 1 23 24 25 26 27 rr 1 2 RESOLUTION NO. R08- " -' 4 5 6 7 8 9 10 11 12 13 14 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA TION BETWEEN THE CITY OF BOYNTON BEACH AND RAYMOND AND LOIS MARCINKO SKI TRUST; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within 15 our water and sewer service area, for the property located at 1053 Highland Road, Lantana, 16 Florida; and 17 WHEREAS, the subject parcel is a single family home located in the unincorporated 18 I I 19 I I Palm Beach County area; and WHEREAS, 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; WHEREAS, City policy requires annexation of the property to be serviced at the earliest practicable time, as a condition of the granting of water services outside its jurisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. j S\CA\RESCYcl\greements\Water Servicc\MarcinkoskJ Water Scr\Jcc Agr (2008).da: Section 2. The City Manager is hereby authorized and directed to execute a 2 Water Service Agreement between the City of Boynton Beach, Florida and Raymond and 3 Lois Marcinkoski Trust, said Agreement being attached hereto as Exhibit "A". 4 Section 3. This Resolution shall become effective immediately upon passage. 5 PASSED AND ADOPTED this _ day of February, 2008. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Woodrow L. Hay 20 21 22 Commissioner - Marlene Ross 23 Attest: 24 25 26 Janet M. Prainito, CMC 27 City Clerk 28 29 30 (Corporate Seal) S:ICA\RESO\AgreementsIWater ServiceIMarcinkoski Water Service Agr (2008).doc THIS INSTRUMENT PREPARED BY: Jam:s A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMJTS AND COVENANT FOR ANNEXATION THIS A GREEMENT made on this -/-D- day of j) t c , 200-2-, by and between Y1t? . . c" v'-;- hereinafter called the "Customer", and the CI Y 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 \VHEREAS, the City ofBojl1ton 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 -L Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the 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 of this Agreement. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer and all subsequent transferees, grantees, heirs, successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any S:ICA \AGMTSI Water ServicelWater Service Agreement _ Rev J -6"{)6.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. l1. 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. l2. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) S;\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc 3 i\. i \r f, 'v) ( Ii) '1' f ,i[, ," ,)jt,-k,' ,'- ~'-- IN WITNESS WHEREOF, we have hereunto set our hands and seals the /0 day of , in the year 2<<)'1 Sealed and delivered in the presence of x:,<J'{,{/J'?'v-l".;?_ ~ ':, .-L,L ,C-' 'Owne Signature f IJ y }./>. ') f.:o) /1 I=--")/J- ,ii' { fYke 5/-( I Print Name , -tf In' 7 .'" j (' ,c, ( "~ p'f_-T' .., ') (( _ (;{ (:: '-4' C / ~, "~~l ?tdUlfi(kz/l~, I 0' er Signature I L/) (;) fV/ /1' ,U I tvHt~<J/( } Print Name -- ('-Clt - :');;'!- ,C? \- -t (G C I~ ;7/0-' STATE OF FLORIDA ) ) SS: COm.JTY OF PALM BEACH ) '),) '-j' ,THE >FOREGOIN~ INSTRUMEN-f"was acknmyled~edbe~o1r: ~ this" /0 day of uJ.-{,/iJ..:fL-b;..- \... 20 eJl, by (J.....)f!.... '<n~,L (/1.{;\1 L();..J {I, U Ii l f /} t.. 0\ ILZ and , who are lmown to me or who have produced' , as identifiC?ation and who did/did not take an oath. (., k, leCe 'rlIJ\~DwU^7/ /~'t!IA)r )~r)C\CC~lf'v~~)_ Type or Print Name T /~L# o.,s:~y~, ~, ~ .... . . ~ OF ;."#~ Notary Public State of Florida Carol A, Mahoney fvly Commission 00460414 Expires 08/10/2009 -; .. ,/";' Commission No~':\-' IU' LJ 7 My Commission Expires: S:\CA \AGMTS\Water Servicelpowec of atty..doc - 1-6-06 H:\1990\900 I 82.BB\AGMlIPower of Attomey-Ind 1-30-06.doc 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 fom1: 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 m the County aforesaid to take acknowledgments, personally appeared ' City Manager and City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this __ day of ,200_ (Notary Seal) Notary Public My commission expires: S:\CAAGMTS\Waler Servlce\Waler Service Agreement - Rev 1-6-06,doc 5 Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System Legend o Parcel Bomdary ~ Lot nUnDer Page 1 of 1 t<"''%~sta~'f~II'~''L'' ~;&f~;~Ii~; Owner Information peN: 00434509080000620 ~m!r'~iir~~'''''''' ..0. . 'um '~AP~~~" N MARCINK05KI RAYMOND A ame: TRUST AGREE Location: HIGHLAND RD Mailing: 1065 RIDGE RD S LAKE WORTH FL 33462 6137 Appraisal Value Market Value: Assessed Value: Exempt Amnt: Taxable: Tax Value Ad Valorem: Non ad valorem: Total: Sales Information Sales Date Price Aug-2005 Jul-2004 Oct-1982 Jan-1977 Palm Beach County Property Map Map Scale 1:840 Map produced on 1/2/2008 from PAPA http://www.pbcgov.com/papa ~'I--- 4- THIS INSTRUMENT PREPARED BY James A. Cherat, Esquire Goren, Cherat, Doody and Ezral PA 3099 East Commercial Blvd. Suite 200 Ft. Lauderdaie, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA )..; J.") :~ COUNTY OF! () \ /,il I)(~ (( v" i . I1We,tL u.." IA; l'.(\ I . i' \/', 1. i. I"J :i.) 1,1, I'h i(i;i('~'-'( i, hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attomey in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. ThIS power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: PCN No.: : r , The powers and authority of my attomey, THE CITY OF BOYNTON BEACH. FLORIDA, shall commence and be in full force and effect on the , 20 ~ and the powers and authority shall be irrevocable by Grantee. da y 0 r AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND (INSERT NAME) >, IN ,WITNESS WHEREOF, the parties hereto have set their hands and seals this I () day of ()(tv Ii k)(-}/ , 200 --2 WITNESS: .~. ,_ ~~Z~~ r~:- ~ WitnessjSi,gnature J\ -- fe,;;J/74'j/ L / Printed Witness Name (It, ) r'\ /," ~ ); /\ / / \ \yjtne?( ign~~re' -L~le 111 kJ rY\ tli,ih Printed Wj ess Name ..." hi!! /l_ . /- . ~./L_.- ''I. /, ',1 --1-t._J- .... Witn~jf~:t~~)~:/' . /. /(~hJ ()r;ed ~~C::0; l, 1\.t l-- '-" ,-,\ tr '\ V'\ itness(ggna~e " I' "1: < '(f\ ( V Printed Wtness Name /.:4" ." , ,",1'[.;..' INDNIDUAL(S) AS OWNER(S): , 7. '. c -, ..' ~' J~/ f::rM;/ ;~: -;.;;", (,!> _ .;Jt.. Z ' ,(fwnet- Signature i!. AI >' 1<7> t' )'1./) ;). f.-? /912 i- - ( Ill{ '-,~ ji<( I Printed Owner Name I,. -- (>I,d jJ /) I,:' -~ --J' ( '),.,,1' -' I { .[7' , /; i - Is ~, 0, ~ '" / i ( \ // C;") ,1-... ....,.'., ,~_? ~;~.(teLa 7,,' L .z /L"," co... / / j?) A.,1'jJ..-e C> /l)/V /)C;'r:;/ / (...." . , Printed Owner Name r:{'1 (1 '\'i V.)) ':; 1.) 3 i' :-';) - , i,(, , ('> i !-. '( FOR INDNIDUAL(S) NOTARIZATION: STATE OF~rkYi(J\,_ ) """'"" ) ss: COUNTY OF\(\ II!') ~i~CiCi~_ 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 (e'iOI"LJi l.Oi S !i !!)f(1( ,7 k(<~I(1 to me known to be the person(s) described in and who ex6cuted the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the .iPdividual was personally known to me or provided the foIIowing proof of identification: t' l': L '\'\...,.'(y; : V(IT~~ESS my hand and official seal in the County and State last aforesaid this /(,; day of ,..l"t ~./l t){, '--. ,200 '7 . I (N t S 1) ~,.,.y..u. o ary ea !~'1: . ~..~~ My CommIssion -r Notary Public State of Florida Carol A Mahoney ivly Commission 00460414 Expires 08/10/2009 (\(:.. 'I (tC' {Ji \.. ,\,,,, '- V Notary Public t llCtt{/ LL l/{ ( ) _.J' ( ~.; '\ 1-1 ,')] /C, Ii Ir), (, Structural Detail Page 1 of 1 ~l%'''_''~'''''''''''''~''~-';'\-"'-''W ' ~~:~r~' {:. t.:.... v io..""" ~t r,rfilpertv !'tr~pr;~ f pi '1 r tit, , r.... ',- t ~ ~ ~ , ". '",,, ,... ~ . "~~;~~~'~'lSl; " ". ~~" Owner Name: MARCINKOSKI RAYMOND A TRUST AGREE peN Number: 00-43-45-09-08-000-0620 Building Structural Data and Drawing are for the Current Tax Roll. BUILDING 1 Structural Element for Building 1 No Data Found. Subarea and Sq. Footage for Building 1 No. Code Description Sq. Footage No Data Found. Zoning RM Units 1 o Extra Feature Description No Extra Feature Available Detailed Land Information Land Line # Description 1. VACANT RESIDENTIAL Year Built Units 1~11~ l'lBi~~~1 RE;cord Searg1 I ~lSill1illti!,1nf,:fjlt; I illfQrf!lj;ltiQD I E;xeJIlQtlQf)!;; I<::()mml.lnit'i I r::rupIQl'QJ~1l11 ~,j~YL;)0meJ3lJYer I Office Locations Valll? i\i1iLl2t:rT}etJU}Q~rQ I Save: Qurf1ol"!f!;; ! Sf:COi9rC9wer ! [)is<:!"im,~r !-{q1lle ! Lm!<5 I GIQS5ilD' I FflQ I Fqrms I CQDta,cI; Us I PA~6 (c', 2007 Palm Beach County property Appraiser 1 ~ ~ I I 1 rI .1 . r ""'" ^r~ A""" A ,-Ar....AOI, ~,.... 1 r\ ....... A "',...., VI.-CONSENT AGENDA ITEM C.3 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 December 18, 2007 December 3,2007 (Noon) 0 February 19,2008 February 4,2008 (Noon) 0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) 0 January 15, 2008 December 31, 2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon) [gJ February 5, 2008 January 14,2008 (Noon) 0 April I, 2008 March 17,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gJ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Adopt a Resolution that- (1) Authorizes the bond financing team to prepare necessary documents for the bond financing of the FY 2007- 2008 capital projects approved by the Commission for the Utility System, (2) Selects an underwriter of the proposed bonds, and (3) Expresses the City's intent to reimburse capital expenditures made prior to issuance of the bonds from the bond proceeds. EXPLANATION: This Resolution does not authorize the actual issuance of the bonds at this time. However, in order to be prepared for varying bond market conditions, it is advantageous to have the complete bond documents prepared as soon as possible for the Commission's subsequent approval. The City's bond financing team that will prepare the bond documents includes our bond and disclosure counsel (Mark Raymond of Holland & Knight), independent financial advisor (Julie Santamaria ofRBC Capital Markets), underwriter, insurers and rating agencies. Our independent financial advisor recommends and staff concurs to have Citigroup Global Markets serve as the underwriter for this proposed bond issue. Citigroup's strengths include · A strong retail sales capability in Palm Beach County, Florida and nationally, · A large number of retail and institutional sales people in Palm Beach County, Florida and nationally, · The only firm with a Florida underwriting desk, · The reasonableness of their proposed takedown fee, · A balanced distribution between retail, middle market and institutional investors, · Specific experience of the lead investment banker, and · Significant water utility experience. A list of underwriters for bonds issued from 1996-2006 by the City and the CRA is attached. By expressing our intent to use bond proceeds for approved capital project expenditures prior to the issuance of the bonds, it allows the Utility System to use bond proceeds rather than Reserve Funds. This includes expenditures incurred after the December 3, 2007 Commission approval of the Utility FY 2007-2008 CIP and up to 60 days prior to the approval of this Resolution. PROGRAM IMPACT: Allows the Utility System to proceed with its approved Capital Improvement Program. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The Utility Rate Study contains financial projections and increased utility rates that went into effect on October 1, 2007 that will generate sufficient revenues to service the bond interest and principal repayment. ALTERNATIVES: The City requires Commission approval to incur debt. The Utility System would need to defer the construction of ce ain projects wi ut the subsequent approval and issuanc1 the bonds. e · ~ City Manager's Signature Assistant to City Manager ___~ ~ /~ City Attonfey / Finance Financial Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM_DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 RESOLUTION NO. 08-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING AND DIRECTING STAFF TO PREPARE FOR A BOND FINANCING OF VARIOUS CAPITAL PROJECTS FOR THE UTILITY SYSTEM OF THE CITY; SELECTING CITIGROUP GLOBAL MARKETS INC. AS UNDERWRITER OF THE PROPOSED BONDS; EXPRESSING THE INTENT OF THE CITY TO REIMBURSE PRIOR EXPENDITURES FROM BOND PROCEEDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1: City staff and consultants are directed to prepare for the issuance by the City of revenue bonds (the "Bonds") to finance various capital projects of the water, wastewater and stonnwater utility system of the City. At the appropriate time, staff shall present this matter to the City Commission for further consideration. Section 2: Citigroup Global Markets Inc. shall serve as underwriter of the proposed bond issue, subject to approval by the City Commission of an acceptable contract between the City and Citigroup prior to the issuance of the Bonds. Section 3: The City reasonably expects to incur capital expenditures with respect to the City's utility systems prior to the issuance of the Bonds referred to herein, and reasonably expects to reimburse such original expenditures with proceeds of the Bonds issued in the maximum principal amount of $30,000,000.00. This does not obligate the City to issue any Bonds or to reimburse any such expenditures. Section 4: This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this, the 5th day of February, 2008. City of Boynton Beach, Florida Mayor - Jerry Taylor Vice-Mayor - Jose Rodriguez Commissioner - Ronald Weiland ATTEST: Commissioner - Woodrow L. Hay Janet M. Prainitio, CMC City Clerk Commissioner - Marlene Ross (Corporate Seal) (Q 0 0 N (Q en en ~ "C Q) ::s t/I t/I - t/I "C c: 0 CO ~ 0 .... t/I ~ Q) Q) ~ ..... VI 'L: .!!1 ~ "0 c: Q) 0 "C !Xl c: :;:) VI ... Q) - "i: ~ Q) "0 c: ~ iD c ..... ro ro :2 E CJ) ..... (l) .s:: t.) (/l (/l (l) ~ E ro ~ ro -:> C "0 '(ij C 0 0 0 ~ ro ro ~ ~ (/l (/l (/l (l) (l) ~ :;::: u :;::: u 'C E 'C E 'C ::J ::J ::J t.) t.) t.) (l) 0 (l) 0 (l) CJ) 0 CJ) 0 CJ) (/l (/l .s:: ro ro ro OJ (l) t.) 06 (l) t.) 06 t.) ::J E 'C (/l E 'C (/l 'C 0 ro (l) c ro (l) c (l) I -:> E ..... -:> E ..... 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J J ~ 0 ~l! l ~ II' [ ~ iW! ~ ~ "" ~ 6.. ~ (Jo; ::!; L_L-_ ~ 5 It 1 ~ 1; * ~ ~ ,; ;0 8 8 'g 'g " s ";;Q:!", ,,~ ' e 0 ~ ~~~ ~~~ ~~~~ ~~n ~~-l" ~o[~ ;~~i om a 5 '" ~ g-j !!l. -' ::I g [ o ~ ;0 ~ ;0 8 'g C"' 8 .8 8 g 8 i? 0' o II' ~ " " 8 ,,~ r ~ ~ i i l i f 5 . i ~ g ~ ~ ~ o 3 ~ a ~ " ; ~ "' ~ N o 8 - .~ '8 'i 8 '8 :s '8 '8 I I I ~ "' ;0 ~ o 8 '8 o 'g 15 8 o a '!i 9- i~ J [l[ " ~ " ~ r " g ~ ;r g o ;;Q J I I g ~ ~ n I . ~ 0: ~ ~ v; '8 o 8 ~H t ;;t z ~ [ Jl ~ ~ ~ ~ I g ~ ;; I :;,: '8 ~ ~ ~ 'i 'if J :;8 ~ ~ 8 8 '"'~ '"~ '8 c: .... ;= ::; iii <II ;:; :.: m )>- '" n 'ij CD o Z o " '" e m n .... <II CITY OF BOYNTON BEACH, FLORIDA Utility System Revenue Bonds Series 2008 Preliminarv Timetable VI.-CONSENT AGENDA ITEM C.3 ADDITIONAL INFORMATION January 5 M T W T F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 February 5 M T W T F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 March 5 M T W T F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 City: BCIDC: UW FA: PA: ENGR: Workine: Group City of Boynton Beach Bond CounsellDisclosure Counsel - Holland & Knight Underwriter - Citi Financial Advisor - RBC Capital Markets Paying Agent - TBD Engineer -Brown and Caldwell Date Function Responsible Party Week of December 3 Week of December 10 Week of December 17 Week of February 4 Tuesday, February 5 Week of February 11 Tuesday, February 19 Week of February 25 Tuesday, March 4 Wednesday, March 5 Wednesday, March 12 Wednesday, March 26 Thursday, March 27 Distribute RFP for Underwriters FA Distribute 1 sl Draft of Engineer's Report ENGR Underwriter Proposals Due; Select Underwriter City, FA 1. Distribute 1 sl Draft of Bond Resolution and pas 2. Send Packages to Rating Agencies and Insurers BCIDC FA Commission Approves Underwriter Selection City 1. Comments Due on Documents 2. Receive Insurance Commitment (12:00 Noon) 2. Recommendation Regarding Insurer 3. Distribute Revised Documents with insurance information ALL FA FA BCIDC Submit Documents for Agenda Package (12:00 Noon) City, BCIDC Potential Rating Presentations in Boynton Beach (if not, will be done by phone) City/FA 1. Council Adopts Bond Resolution 2. Receive Rating City,BCIDC City, FA Electronic and Limited Printed Distribution of pas BCIDC Tentative Bond Pricing UW,City,FA Pre-Closing via Fed Ex ALL Closing ALL 113112008 CITY OF BOYNTON BEACH, FLORIDA UTILITY SYSTEM REVENUE BONDS, SERIES 2008 RBC Capital Markets DISTRIBUTION LIST CITY Kurt Bressner City Manager (561) 742-6010 (561) 742-6011 FAX Email: bressnerk@ci.boynton-beach.fl.us Barbara Conboy (561) 742-6406 (561) 742-6298 Email: conboyb@ci.boynton-beach.fl.us Janet Prainito City Clerk (561) 742-6061 (561) 742-6090 Email: prainitoj@ci.boynton-beach.fl.us City of Boynton Beach Utilities 124 East Woolbright Road Boynton Beach, Florida 33435 CITY ATTORNEY Lori LaVerriere Assistant City Manager (561) 742-6010 (561) 742-6011 FAX Email: laverrierel@ci.boynton-beach.fl.us James Cherof, Esquire City Attorney Email: cherofj@ci.boynton-beach.fl.us or jcherof@citya3tty.com Barrett Atwood Director of Finance (561) 742-6311 (561)742-6316 FAX Email: AtwoodB@ci.boynton-beach.fl.us Goren, Cherof Doody and Ezrol 3099 East Commercial Blvd.,Suite 200 Fort Lauderdale, FL 33308 (954) 771-4500 (954) 771-4923 FAX BOND/DISCLOSURE COUNSEL Bobby J. Jenkins, Jr. MBA Assistant Director of Finance (561) 742-6312 (561) 742-6316 FAX Email: jenkinsb@ci.boynton-beach.fl.us Mark Raymond, Esquire (561) 650-8349 (561) 650-8399 Email: mark.raymond@hklaw.com City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 Holland & Knight 222 Lakeview Avenue, Suite 1000 West Palm Beach, Florida 33401 FINANCIAL ADVISOR UTILITIES DEPARTMENT Pete Mazzella (561) 742-6404 (561) 742-6298 Email: mazzellap@ci.boynton-beach.fl.us Julie Santamaria (727) 895-8871 (727) 895-8895 FAX Email: julie.santamaria@rbccm.com Kofi Boateng (561) 742-6401 (561) 742-6298 Email: boatengk@ci.boynton-beach.fl.us Molly Clark (727) 502-3622 (727) 895-8895 FAX Email: molly.clark@rbccm.com RBC Capital Markets 100 2nd A venue South, Suite 800 St. Petersburg, Florida 33701 1/31/2008 CITY OF BOYNTON BEACH, FLORIDA UTILITY SYSTEM REVENUE BONDS, SERIES 2008 DISTRIBUTION LIST ENGINEER Marco (Mike) H. Rocca, CMC (407) 661-9529 (407) 661-9599 FAX Email: mrocca@brwncald.com UNDERWRITER'S COUNSEL TBD PAYING AGENT/ESCROW AGENT Brown and Caldwell 850 Trafalgar Court Maitland, Florida 32751 TBD INSURER RATE CONSULTANT TBD Dave Green (954) 426-6112 Ext 245 (954) 698-6010 FAX Email: dave.green@CH2M.com RATING AGENCIES John Incorvaia (212) 553-0501 (212) 553-1390 FAX Email: john.incorvaia@moodys.com CH2MHill 800 Fairway Drive, Suite 350 Deerfield Beach, FL 33441 Moody's Investors Service 99 Church Street, 91h Floor New York, New York 10007 UNDERWRITER Michael Hole (561) 694-7084 (561) 694-7086 FAX Email: Michael.g.hole@citi.com Colleen Woodell (212) 438-2118 (212) 438-2131 FAX Email: colleen_woodell@sandp.com Citi 11780 U.S. Highway One 201 North Tower North Palm Beach, FL 33408 Standard & Poor's 55 Water Street New York, NY 10041 Amy R. Laskey (212) 908-0568 (212) 480-4421 FAX Email: amy.laskey@fitchratings.com Brian Senne (407) 999-7950 (407) 999-7959 FAX Email: brian.senne@citi.com Fitch Ratings 100 N. Tampa Street, Suite 3570 Tampa, Florida 33602 Jonathan Ash (407) 999-7946 (407) 999-7959 FAX Email: jonathan.a.ash@citigroup.com Citi 200 South Orange Avenue, Suite 2170 Orlando, FL 32801 RBC Capital Markets 1/31/2008 CITY OF BOYNTON BEACH, FLORIDA UTILITY SYSTEM REVENUE BONDS, SERIES 2008 RBC Capital Markets DISTRIBUTION LIST Email List bressnerk@ci.boynton-beach.fl.us;prainitoj @ci.boynton-beach.fl.us;laverrierel@ci.boynton-beach. fl. us; AtwoodB@ci.boynton-beach.fl.usJ enkinsb@ci.boynton-beach.fl.us;mazzellap@ci.boynton_ beach. fl. us;boatengk@ci.boynton- beach. fl. usJcherof@cityatty.com;mark.raymond@hklaw .com;j ulie.santamaria@rbccm.com;molly.clark @rbccm.com; M ichael.g.hole@citi.com; brian.senne@citi.com; jonathan.a.ash@citigroup.com; ;mrocca@brwncald.com;dave.green@CH2M.com 1/31/2008 ~\.",(YO '-' '" , : I . -., : _..-, .. '\ ;p \'. ......... .. . 1:: c\ j" ^ ;_;.~._<... _ --./~. '7"'" e ~O ;;"'0'<" VI.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM r "0 0&:- r'T'1 ;:: ~.:< -0 -., o:,c' :x en :~: _ ,...,c: N '-' :;:: Date Final Form Must "e T~ 0::' in to City Clerk's~ce C=;("r; - rrr.l:> r:? Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates 0 December 18, 2007 December 3,2007 (Noon) 0 February 19,2008 0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 0 January IS, 2008 December 31, 2007 (Noon) 0 March 18, 2008 X February 5, 2008 January 14,2008 (Noon) 0 April I, 2008 February 4, 2008 (Noon) February 19,2008 (Noon) March 3, 2008 (Noon) March 17,2008 (Noon) o City Manager's Report o New Business o Legal o Unfinished Business X Public Hearing 0 RECOMMENDATION: Approve Resolution setting forth the City's intent to use the Uniform Method for the collection of a non ad valorem special fire assessment. NATURE OF AGENDA ITEM o AnnouncementslPresentations o o o Administrative Consent Agenda Code Compliance & Legal Settlements EXPLANATION: The attached Resolution is an "Intent Resolution" and expresses the City's intent to use the Uniform Method for the levy and collection of a non ad valorem special assessment to fund, in part, the City's Fire Rescue program. The Uniform Method, set forth in Section 197.3236, Florida Statutes, sets procedural guidelines for imposing a special assessment to enable the City to use the services of the property appraiser and tax collector, and provides hearing and notice requirements for special assessments. The attached resolution does not impose any special assessment. Rather, it simply provides notice to the citizens, as well as to the property appraiser, tax collector, and State Department of Revenue, that the City intends to use the Uniform Method for a special assessment that may be implemented later this year. Further commission action will be necessary in the coming months in order to impose a special assessment. Notwithstanding the adoption of this Intent Resolution, there is no requirement that the City impose a special assessment. PROGRAM IMPACT: This Resolution ensures the City's right to pursue a special fire assessment during 2008, and ensures compliance with all mandatory timeline requirements. FISCAL IMPACT: Dependent on future Commission action regarding the implementation of a special fire assessment. The overall fiscal impact will be determined by the methodology and formula used to establish the rate structure, as well as the rates approved annually by the City Commission. ALTERNATIVES: Do not approve this Resolution, which will effectively block the city's right to pursue a special fire aS7ment during this fiscal year and may result in th I ss future assessment revenue. ,,4'7/#-/~ ~ if z-<-.<.j- .. . epartment Head's ~nature ity Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC " 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA ELECTING TO USE THE 5 UNIFORM METHOD OF COLLECTING NONAD 6 VALOREM SPECIAL ASSESSMENTS LEVIED 7 WITHIN THE INCORPORATED AREA OF THE CITY; 8 STATING A NEED FOR SUCH LEVY; PROVIDING 9 FOR THE MAILING OF THIS RESOLUTION; AND 10 PROVIDING FOR AN EFFECTIVE DATE. 11 WHEREAS, the City of Boynton Beach, Florida (the "City") is contemplating the 12 imposition of special assessments for the provision of fire protection services within the City 13 beginning with Fiscal Year 2008-09: and 14 WHEREAS, the City intends to use the uniform method for collecting non-ad 15 valorem special assessments for the cost of providing fire protection services to property /I 1611 within the incorporated area of the City beginning with Fiscal Year 2008-09 as authorized by 17/1 section 197.3632, Florida Statutes, as amended, because this method will allow such special 18 assessments to be collected annually commencing in November 2008, in the same manner as 19 provided for ad valorem taxes; and 20 WHEREAS, the City held a duly advertised public hearing prior to the adoption of 21 this Resolution, proof of publication of such hearing being attached hereto as Exhibit /\, 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA. THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. SICAIRESOIFire Assessment ResoslFire Assessment Intent 08-09 doc 1 2 Section 2. Commencing with the Fiscal Year beginning on October 1, 2008, and 3 with the tax statement mailed for such Fiscal Year, the City intends to use the uniform 4 method of collecting non-ad valorem assessments authorized in section 197.3632, Florida 5 Statutes, as amended, for collecting non-ad valorem assessments for the cost of providing 6 fire protection services within the City beginning with Fiscal Year 2008-09. Such non-ad 7 valorem assessments shall be levied within the incorporated area of the City. A map and 8 legal description of such area subject to the assessment is attached hereto as Exhibit B. 9 10 11 I 12 13 14 15 16 17 18 19 Section 3. The City hereby determines that the levy of the assessments is needed to fund the cost of fire protection services within the incorporated area of the City beginning with Fiscal Year 2008-09. Section 4. Pursuant to section 197.3632, Florida Statutes, the Palm Beach County Property Appraiser and the Palm Beach County Tax Collector have agreed that the City may have until March 1, 2008 to adopt this Resolution, such agreements being attached hereto as Exhibit C and incorporated herein by reference. Section 5. Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Palm Beach County Tax Collector, and the Palm Beach County Property Appraiser by March 10, 2008. Section 6. This Resolution shall be effective upon adoption. S:\CA\RESO\Fire Assessment Resos\Fire Assessment Intent 08-09,doc 3 4 5 61 711 8 I 9 I 10 11 12 13 1411 15 I 16 " 17 18 19 20 " 21 i I 22 II 23/1 24 .. 25 r I I I I I I 1 I 2 I I PASSED AND ADOPTED this ~_~_ day of February, 2008. CITY OF BOYNTON BEACH. FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland ATTEST: Commissioner - Woodrow L. Hav Commissioner - Marlene Ross Janet M. Prainito. CMC City Clerk (Corporate Seal) SICAIRESOIFire Assessment ResoslFire Assessment Intent 08-09,doc VI.-CONSENT AGENDA ITEM C.4 EXHIBIT -A- DR-413 R. 02/91 Affidavit of Proof of Publication DEPARTMENT OF REVENUE State of Florida County of Palm Beach Before the undersigned authority, personally appeared Marc Kramer, who on oath says. that he is the Inside Sales Supervisor of The Palm Beach Post, a newspaper published at West Palm Beach, in Palm Beach County, Florida; that the attached copy of advertisement, being a notice of the local government's intent to use the uniform method for collecting a non-ad valorem assessment, was published in said newspaper in the four consecutive weeks of January 9, January 15, January 22, January 29, in the year 2008. The affiant further says that the said The Palm Beach Post is a newspaper published at West Palm Beach, in said County, Florida, and that the said The Palm Beach Post newspaper has heretofore been continuously published in said Palm Beach County, Florida, each day, and has been entered as second class mail matter at the post office in West Palm Beach, in Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and the affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission, or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 29'" day of ~n th~ of 2008. - ,'~ ----1-- ~=n, ~ Notary blic b 1-/1 ' My Commis,~,i9~ Expires: .' r ;' ", ,,-y PiJ"', ii.a! en M, lriclWmton ~''''~'., . '. "<: " .. # DD359-66 ?~:' @ ".:<:~Corr:rmssl~n , :> ~~'..@:$fExpl!es: NOV, 15, 2008 ,,:,"7~~..... ''0'<' ,'~ Bonded Thru ""~..f'~l;;;'" \llantic Bonding Co., Inc. NO. 9662823 NOTICE OF INTENT TO USE UNIFORM METhfOD OF COLLECTING...., NON.AD VALOREM, iii, ASSESSMEN'FS....;,A The City of BOyt)tonBeach, Florida (the "City") hereby provides notice; pursuanlto section 197.3632(3)(a). Florida Statutes,ofitslillent to use the urV!Clrmmethod . of collecting rion-advalo- ',i; rem special asseSsmants to 'l.be levied wittrtr'1:lheincorpo- .~ateda,reajlt.the City, for ~,th!i co~t'9I.ilrro~idingfi(e ""Protection '!'!irvlces com. cing f.q'r;Fi~cilIYear ing.',ori.OctObllr 1, Tn,'Clfvwfllb - hit 8aaiSiltfon o~"a ion elec . , at a publl .- held at 6:3 ary 5,2 sion C lloynt . ~313nJ. state the illJ and wiHconfail1a legal description of the bound. "ries of the real property subject to the levy.. Copies of the propo,~ecdtormof resolution, which' contains tha legal descripllon of the real property aubject to the levy, are on file at the City ;"glerk's,offlce,,,100 E. Boyn- f.tl)Ili,Beach,Blvd,:, Boynton :~i;leachi:'F1Grida,'33435. ,All interested persons are invited:toatlend. . In the event anr person dacides'to lippea any decl- ,sion by the City with respect to any matter relating to the 'conslderallol\iottihe resolu- tlonattha'lIbove- rete r- .ence'dpublli: hearing.;, a frecord oUtle rocee. .d..li,ng,. ,1may' ill, ~uc.1'l 'I ;ane h //lay , 'fIelf . a va!, l!1at' rd;>of Ille public .:'n,ade, which r tides the tasti- mon d evldenc.e on Whie: ,!he appeal is to be base~.:i!n accordance with ,tha Ameficans with DisablU- ties Al;t,"persons needing a ; commodallon or . 'participate " " Ingshciufcl .4iQ.n,Ie!!1, .thli'CII.Y Cle!.~ ,at,. .. ,561''' .' O,f1ve?(5J '. days hean Dated: ,~y. BOY 'FLORIDA"", {,I"''',(",'''j.,~,. ':Jan. 9;. '1'5/'22, '& 29, 200a ' Original: Tax Collector CC: Property Appraiser Local Government Florida Department of Revenue, Property Tax Administration, PO Box 3000, Tallahassee, FL 32315-3000 City of Boynton Beach EXHIBIT "B" LECHALE",,\"b ~ ~ i ~ ! f . OU)aOYNTON RD WOOL8RGHT,RO llOLFRO ~ ~ ~ ~ f ~ i ! ~ I ~ ;;I z ~ - ~ if ; 11 z D ~ ~ ~ ! i D ~ I::J CITY BOUNDARY = Railroads LANES 6 City Streets Parks Park Type _ City Parl<s Cou nty Pa rks .. Preserve Area City Golf Courses Pa rce Is GIS 1"PfOj4>et"ICltvmtlp"""p'."",d \St,_tm.p.'~1I7.:JO.50.mx<i 12/11,2007 12:Q~ ~:E,l J':11~1'?ljt, :::: i"'RI:rF-'EP'-\' i,;PF'Pi\ I '::EP FI ~'tGE ~:~, .:-~ / ~3 -.~: EXHIBIT "e" ~. .' -.',,' Constantine Olno Manlotis, CFE Tax Roll Coordinator 301 North Olive A'venue, Sf!! Floor West Palm Beach, Florida 33401 (561)355-2881 Fax: (561)355.3963 Email: dmaniQtl@co.pl1llm-bNch.ftus .. Gary R. Nikolits, CF A Palm Beach County Property Appraiser < .~.""d'-" ;:~. ---~, 1.',,& \J .' ~-:Ir;' - _ - ' _,~__-- ~. _ .4_ ... & ~=~-::;..... ._- --== December 11, 2007 Mr. Barr:;, Atwood, Finance Director City of Boynton Beach Boynton Beach, Florida 33425-0:3'10 Ref: City of Boynton Beach Fire Services NAV Dear Mr. Atwood: In accordance with Fla. Sta.t. ~197,3632(3 Ka ), your request for an extension of time to adopt the fire protection special assessment has been granted until March 1,2008. Please make sure your publiC hearings does not extend no later than March 1,2008, and the resolution is mailed to the Property Appraiser's Office by March 10.2008, if you need further assistance, please call me. r.~., v.", Pat poston, Tax Collector's Office Cheryl Horton, Property Appraiser's Offic(~ Andrea lemer, 158 l"O' I ("". '-'~::-..i~ ~~f,~>""1~ \.~' ".. """;/," .; &.. ~"~T~; :- C~,~~~~i :) '~~',1~."',:~ .;:- I J \ ' I l'l... Puw"town B~n,,1r 301 N~'1:h OIl.... A"",ru~ W~5t ~lm G<e~t;h ~lad<il6 Bll'lnoh :<976 "'!.Qt~ ~OQ" 15 Bette GI.'3de Nl>rli1 C<llllTtY Bra~ 3188 PG>'. Bo"l~vt<rd ?61m 8GG.,h G"",~"~ La.... Went! a'illI<>h :\561 SO.Jtrl Mflllsfy Trail Lake W""th So~lh Cou.,~ &ranell ~C1. ~OUt/1 Cnngre.E AvenuB DelflJy E!eac h !lI:o)e1 Pollnl lleO;t,/t lll'6neh 2()O Clvlc Center W"y ROyoi I'<Ilnr 8"""0;' : ~ . EXHIBIT "e" ANNE 1\11. GANNON ',' TAX COLlECm?. ?AlM a~cH COUNTY l><>verI'lMtlll.' Cent$1 . 30t N. Oliv.. A'&nu&, 3rd Fi00! . W""l Palen Beaon. fll;;'~TJ: an..lflng Addrees . Pt6: Ofrioa !lOA 3715 . We!Jt Pill,.., Beftcr,. FL 33402-'37:15 \..~w,t;ucoU~ctDrpbc.::.('vm I Te) r!:;,e1.; ~~55...12it,!'l .. Fff;' ('5r.3.~J 3~:34t:.23 December 12, 2007 Mr MichaliiJ D. Cirullo. Jr, Assistant City Attorney Goren, Ch~fO~ Doody & Ezral, PA 3099 East Commercial Blvd.. Ste. 20a Fort Lauderdale, FL 33308 Re: City of Boynton BeachlFlre Protection Services Special Assessment Dear Mr. Cirl.lllo: In accordance with Fla, Stat. '197.3632 (3)(a), your request for an p...xTension of time to make a determination regarding a specIal assessment until March 1 2008 has been granted. Please make sura your public hearings do not extend later than March 1 2008 and that the resoiution is maited to the Tax Collector's Office by March 10, 2008 If you need further assistance, please contact Pat Poston, Director, Tax Services at (561) 355-2809. Sincerely, Q/l/\../1^-_Q.... -......:. Anne M, Gannon AMG/PP/ms cc: Dino Maniotis, Property Appraiser's Office Pat Poston, Tax Collector's Office Cheryl Horton, Property Appraiser's Office Andrea L.amt~r, 188 VI.-CONSENT AGENDA ITEM C.S CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to Citv Clerk's Office 0 December 18, 2007 0 January 2, 2008 0 January 15, 2008 ~ February 5,2008 December 3, 2007 (Noon) 0 February 19, 2008 December 17,2007 (Noon) 0 March 4, 2008 December 31, 2007 (Noon) D March 18, 2008 January 14,2008 (Noon) D April I, 2008 February 4, 2008 (Noon) February] 9,2008 (Noon) Legal Unfinished Business .r:- .. n ,,-l ~-< -<0 0"'" i-CO ;-<10 ';1] -< :::<:.:: ch-l o o::;r::: ~o:l -.m ,,> rn" :I: March 3, 2008 (Noofl:b CO March 17, 2008 (Noo~ :z: NA TURE OF AGENDA ITEM o o ~ o o Announ cemen ts/Presentati ons Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing D D D D D City Manager's Report .r:- New Business -0 ::;;: .r:- RECOMMENDA TION: A motion to approve by resolution a contract with Government Services Group, Inc. of Tallahassee, Florida for the continuation/updating of the fiscal year 2008-2009 Fire Rescue Assessment roll for use in a new assessment program beginning FY08/09. The contract amount is $58,000. Approval of this item allows the use of Commission Contingency funds until such time that the funds are provided for in a Fire Assessrrent Budget and are transferred back into Commission Contingency. EXPLANA TION: On February 6, 2001, the Commission approved a "piggy-back" of the City of Fort Lauderdale, Bid# 8152, to Government Services Group, Inc. and legal partners Nabors, Giblin & Nickerson, P.A. for Consultant Services for the Development and Implementation of a Fire Rescue Assessment Program. Staff has determined it would be in the best interest of the City should the City _de_cide to_ cnnj:inu~theJ'iQ~Ad_Yalonm-.AssessmentJ>rogram("NAVAJ>")to stay with_ Government Services Group, Inc. and consider them a "Sole Source" Consultant for this project GSG has worked with the City of Boynton Beach for the past (6) years in developing and maintaining the initial fire assessment program, and due to the unique nature of the work involved the continuity of information is vital in maintaining the assessment schedule. PROGRAM IMPACT: Contracting with GSG will preserve the progress that has been made to date in the data collection/maintenance of this program and save a large amount of time and expense in instituting a new fire assessment program should the Commission desire to do so. FISCAL IMPACT: A Budgetary Transfer will be made from Commission Contingency account and will be placed in the Other Professional Services account within the Fire Department budget to fund the consulting fees. Should the Fire Assessment Program be continued for FY 2008/09 these funds will be budgeted in the Fire Assessment Budget and subsequently be transferred back into the Commission Contingency account. ALTERNATIVES: To develop specifications and advertise for Request for Proposal, a very time consuming process that would not p r~vid :a. am pie ti.m., e develop a ne wcer tified assessment roll by May 2008. , di ". -.-!' .', .."' /.. {/','1.t. . Cj t/ C....."'--...;J...............--:- U f Department Head's Signature ~ :..e--1:../ - m,",'m~~ City Manager's Signature A"i,'",' '0 City M"'~ -~ C~A IF' Ity ttomey mance S:\BULLETINlFORMS\AGENDA ITEM REQUEST FORM,DOC C: Lori LaVerriere- Assistant City Manager File 1 2 3 4 5 6 7 8 9 10 11 12 City RESOLUTION NO. R08- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING APPROVAL OF THE SCOPE OF SERVICES FOR THE CONTINUA TION/UPDA TING OF THE FISCAL YEAR 2008- 09 FIRE ASSESSMENT WORK PLAN WITH GOVERNMENT SERVICES GROUP, INC. IN THE AMOUNT OF $58,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has determined that it would be in the best interest of the should the City decide to continue the Non-Ad Valorem Assessment Program 13 (NA V AP) to stay with Government Services Group, Inc.; and 14/ WHEREAS, contracting with GSG will preserve the progress that has been made to- 15 date in the data collection/maintenance of this program and save a large amount of time and expense in instituting a new fire assessment program should the City Commission desire to 16 ! I 171 181 do so. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does 23 24 hereby authorize approval of the Scope of Services for the 2008-09 Fire Assessment Work 25 Plan \vith Government Services Group, Ine.. a copy of which is attached hereto. 26 Section 3. This Resolution shall become effective immediately upon passage. SICAIRESOIFire Assessment ResoslFire Assessment Scope of Services 08-09.doc 1 PASSED AND ADOPTED this _ day of January, 2008. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 6 7 8 9 10 11 12 13 14 15 ATTEST: 16 17 18 Janet M. Prainito, CMC 19 City Clerk 20 21 22 23 (Corporate Seal) 24 25 Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross S:ICAIRESOIFire Assessment ResoslFire Assessment Scope of Services 08-09.doc G s G public sector solutions GOVEimMCNT SERVICES GflOl,P. INC. January 14, 2008 Via Electronic Transmission Mr. Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: Fire Assessment Program Dear Mr. Bressner, As you know, Government Services Group, Inc. (GSG) and Nabors, Giblin & Nickerson, P.A. (f\JG&N) originally assisted the City of Boynton Beach (City) in successfully implementing a fire assessment program in 2001, and since its initial year, we have assisted in the maintenance of the annual assessment program on behalf of the City. However, when the assessment program was initiated in 2001-02, the City made the decision to "sunset" the assessment program effective Fiscal Year 2008-09. Therefore, if the City would like to continue to use this annual recurring revenue source in the future, the City will need to conduct a complete new analysis of the fire assessment program to address issues such as changes in boundaries of the City (such as the addition of new fire department service areas), delivery of fire protection services, new case law (such as the Supreme Court decision regarding EMS services) or new legislation (such as the legislation regarding RV parks). Accordingly, we have provided as Appendix A, a proposed scope of services, fees, deliverables and payment schedule to assist the City in the development of a new fire assessment program. Please note your proposed fees for the development of a new fire assessment program have been reduced from our standard fees for a similar city to reflect our previous experience with the City. This scope of services provides a phased approach to the work effort. Phase One of the proposed Scope of Services includes those tasks associated with the development of preliminary proforma assessment rates. The Assessment Memorandum will be prepared and presented at the end of Phase One. Phase Two includes the specifiC work effort required for the implementation of the program based on the City's policy direction as determined from the findings provided in Phase One. Of course, the development of a new fire assessment program will require first class notice to every affected property owner, either by separate notice or using the Truth-In-Millage (TRIM) notice mailed by the Palm Beach County Property Appraiser in late August. Mr. Kurt Bressner January 14, 2008 Page 2 Please review the attached scope of services. We are currently preparing our schedule for the upcoming assessment season, and would appreciate your prompt reply. This will help us to accommodate your requests and provide you with thoughtful and deliberate attention to ensure the continuation of this successful recurring revenue source. The execution of this letter agreement indicates acceptance of the proposal and notice to proceed. Upon execution of this agreement, please provide us with a signed copy for our files. If you have any questions, please do not hesitate to contact me. We look forward to working with the City of Boynton Beach again this year. Sincerely, ~~/ Camille P. Tharpe Sr. Vice President CPT/jmu Enclosure ACCEPTED AND AGREED TO: BY: City of Boynton Beach Date Appendix A SCOPE OF SERVICES FOR FIRE ASSESSMENT PROGRAM Scope of S8rvices PHASE ONE: Task 1: Task 2: Task 3: Task 4: Task 5: Task 6: Evaluate the City's ad valorem tax roll information, fire call data, agreements, reports and other data pertaining to the provision of fire services. Identify the full cost of the fire protection service delivery using the City's most current financial information and identify service delivery issues which may affect the apportionment methodology. Identify the alternative sources of revenue to fund the service delivery costs and determine the net service delivery revenue requirements. Determine the total fire assessment revenue requirements to ensure the City recovers the costs of: (a) net fire service delivery revenue requirements, (b) implementing the program and (c) collecting the assessments. Using the ad valorem roll and existing assessment roll, updated fire incident data and revenue requirements, develop an apportionment methodology and apply to the assessment roll database to test the data validity and legal sufficiency. Revise the apportionment methodology, as necessary. Calculate proforma schedule of rates based on the apportionment methodology and revenue requirements for the Fiscal Year 2008-09 assessment program. Prepare and present an Assessment Memorandum which documents the proposed apportionment methodology and proforma assessment rates. PHASE TWO: Task 7: Task 8: Task 9: Prepare a fire services assessment ordinance as necessary to establish the procedures for implementation of the fire services assessment program. Assist the City in drafting all legal documents to conform to the service assessment ordinance to impose the fire assessment to implement the City's policy decisions and proposed methodology. Assist the City with the legal requirements for the adoption of the annual assessment rate resolution and certification of the assessment roll in accordance with section 197.3632, Florida Statutes including: a) the development of the first class notice or TRIM notice and its distribution to any affected property owners, if required, b) publication of the public hearing, and c) the certification of the assessment roll to the Palm Beach County Tax Collector. FEES AND COSTS For the professional services and specialized assistance described in the provided and proposed Scope of Services, GSG and NG&N will work under a "lump sum" fee arrangement of $40,000 for Phase One and $35,000 for Phase Two. However, the professional fees for GSG will be discounted by 10% if your organization is a member of FFCA; this discount results in a reduced lump sum fee for both GSG and NG&N of $38,000 for Phase One and $32,700 for Phase Two. Because of our firms' prior experience with the City Government Services Group, Inc. I A-1 and our knowledge of City operations, we have agreed to further reduce our lump sum fee for both GSG and NG&N to $31,500 for Phase One and $26,500 for Phase Twp. The lump sum fee for professional services and specialized assistance will be due and payable in installments on the following basis. Payment will be based on the following schedule, assuming that notice to proceed is received by February 6, 2008. If notice to proceed occurs after this date, payment will be adjusted on the basis of a condensing of the anticipated number of months remaining to complete the project. PHASE ONE: Payment 25% of lump sum fee 25% of lump sum fee 25% of lump sum fee 25% of lump sum fee PHASE TWO: Payment 25% of lump sum fee 25% of lump sum fee 25% of lump sum fee 25% of lump sum fee Schedule March 2008 April 2008 May 2008 June 2008 Schedule July2008 August 2008 September 2008 October 2008 The lump sum fee for professionCjI services for the assessment program includes three on-site visits by representatives of GSG and/or NG&N for Phase One and two on-site visits by representatives of GSG and/or NG&N for Phase Two. Additional on-site meetings (together with any actual costs associated therewith) may be arranged at our standard hourly rates. Project status meetings may be arranged through scheduled telephone conferences in lieu of on-site visits. Please note that the lump sum fee does not include the costs of producing and mailing the statutorily required first class notices. Mailing and production costs depend on the number of assessable parcels of property within the City, but average approximately $1.27 per parcel. Payment of mailing and production costs is due at the time of adoption of the initial assessment resolution. In the event that the U.S. postage rates increase during the course of this engagement, the mailing and production costs will increase by the exact amount of the U.S. postage rate increase. The City is responsible for any and all newspaper publications, including, but not limited to, making arrangements for publications and any costs associated thereto. Government Services Group, Inc. DELlVERABLES SCHEDULE Phase One Event Schedule Notice to Proceed February 2008 Determine Net Revenue Requirements February - March 2008 Calculate Proforma Assessment Rates March - April 2008 Prepare Assessment Memorandum April - May 2008 Phase Two Event Schedule Prepare Fiscal Year 2008-09 Assessment Roll May - June 2008 Preliminary Rate Resolution June 2008 TRIM or First Class Notices July - August 2008 Published Notice July - August 2008 Annual Rate Resolution July - August 2008 Government Services Group. Inc. I A-3 ~(J\..'" ~_o .;::,. ...., I ' " i. ') <,1. 1 "0\ 1 ;''>'\,< ... . .. //\~j "v 'J':~cJ """"~~.~;;;" , VII-CONSENT AGENDA ITEM CI6 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 December 18, 2007 December 3, 2007 (Noon) D February 19, 2008 February 4,2008 (Noon) D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon) D January 15,2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon) ~ February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (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 Unfinished Business D Public Hearing D RECOMMENDATION: Ratify the action of the South Central Regional Wastewater Treatment & Disposal Board EXPLANATION: On January 17,2008, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.c.R. W. T.D. Board PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not ratify their action. ~ -- City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 r r RESOLUTION NO. R08- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, ON JANUARY 17, 2008, AS STATED HEREIN; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of January 17,2008, as set forth in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission does hereby ratifY the action taken by the South Central Regional Wastewater Treatment & Disposal Board on January 17, 2008, as set forth on the attached Exhibit "A". Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _ day of February, 2008. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland ATTEST: Commissioner - Woodrow L. Hay Janet M. Prainito, CMC City Clerk Commissioner- Marlene Ross (Corporate Seal) :ICAIRESO\SCRwrDB Quarterly Meeting 1-17-08 Ratification,doc RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17,2008 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JANUARY 17, 2008, by a vote of 7-0, Authorization to expend up to $50,000 on miscellaneous items (soil and concrete testing, permit, and legal issues) for construction of 24-MGD Reuse Expansion. Cost to be split 50/50 from Cities' Capital Fund. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:ldocslBdMtgsIRatifsI2006-2007IBo yntonRatif 07-19-07. doc RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2008 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JANUARY 17, 2007, by a vote of 7-0, Authorization to increaser JJ Kirlin's Contract for construction of the 24-MGD Reuse Expansion with Change Order 1 by $994,278.22 increasing the total Contract from $9,912,500.00 to $10,906,778.22. Action to be ratified by both Cities' and the amount is to be split 50/50 from each City's Capital Funds. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:ldocslBdMtgsIRatifsI2006-2007IBoyntonRatif 07-19-07_ doc RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17,2008 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JANUARY 17, 2008, by a vote of 7-0, Authorization to decrease JJ Kirlin Contract for constructing the 6-MGD Reuse Expansion with Change Order No.2 by $4,319.00 decreasing the total contract from $5,413,322.00 to $5,409,003.00. Action to be ratified by both Cities and the amount is to be split 50/50 from each City's Capital Funds. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:ldocs\BdMtgsIRatifsI2006-2007\BoyntonRatif 07-19-07, doc ~\..,".(:."" / \ c:( L 0;\, .{~ R\; "'~,- ~~<'0 'ON ';" VII-CONSENT AGENDA ITEM D. 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 December 18, 2007 December 3,2007 (Noon) D February 19,2008 February 4, 2008 (Noon) D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19, 2008 (Noon) D January 15,2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon) ~ February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17, 2008 (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: Authorization to apply for funding towards the development of Congress Avenue Community Park, from the Department of Environmental Protection 2007/08 Land and Water Conservation Fund Program. EXPLANA TlON: The Land and Water Conservation Fund Program (L WCF) is a competitive program that provides grants to local governmental entities for acquisition and development of land for public outdoor recreation. L WCF is a reimbursement grant program. The program is administered by the Florida Department of Environmental Protection, Division of Recreation & Parks, on behalf of the U.S. Department of the Interior, National Park Service. PROGRAM IMPACT: Congress Avenue Community Park is a 13.5 acre site located on Congress Avenue. It is currently undeveloped and is adjacent to the City's Tennis Center. The L WCF grant will provide matching funds (up to $200,000) for the construction of two playground areas, picnic facilities, a walking trail, and landscaping. FISCAL IMPACT: We are requesting a $200,000 grant through LWCF. The Department of Environmental Protection requires a 50% cash match from the City of Boynton Beach. There is $2,500,000 budgeted for the park development in the adopted Capital Improvements Plan for FY2007/08 (302-4298-580-63-05). A portion of this would be used as our match for the L WCF grant application. AL TERNA TIVES: Not apply for the L WCF grant; the City would pay for all c 'ts associated with park development. .---J ~---- ? Department Head's Signature ;Iii' ~:,f/L ~~.l~ / Department Name Recreation and Parks City Manager's Signature Assistant to City Manager ~ City Attorney 1 Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC ,j ~~ / '- ~ . CI-IARTER ORIYE HORn.! ':.j o O)j{o '.r'i <0. ,r-.-......-.t. . . t q.. ';:::::::.:.:.:::t;.==::,,:::l t t t- IS CENTER I.. "' EXISTNC1 UETLA/IO y. o ~...o_~.. ~ . U i I I 11. ~ GRAYS.. L.OCP 'fRAL (WXEL J t. ~/\..:o"" \ ( \ III \.. l:r o . 'V '~o-~~ VII-CONSENT AGENDA ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 18, 2007 December 3, 2007 (Noon) D February 19, 2008 February 4, 2008 (Noon) D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon) D January 15,2008 December 31,2007 (Noon) D March 18, 2008 March 3, 2008 (Noon) ~ February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon) D Announcements/Presentations D City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA TION: Authorize the use of $500.00 from Mayor Taylor's Community Investment Fund for the Boynton Beach All-Star Cheerleading squad for two teams of 32 cheerleaders to help defray competition expenses. EXPLANATION: Commission approval is requested for allocation of$500.00 from Mayor Taylor's Community Investment Funds to the Boynton Beach All-Star Cheerleading Squad to help defray competition expenses for two teams of32 cheerleaders to attend the NASCC National All-Star competition in Orlando, Florida March 7-9, 2008. PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature J~ Department Name City Manager's Signature Assistant to City Manager ~/ Ci~ Atftti S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM, DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: January 30, 2008 Requested by Mayor/Commissioner: Mayor Taylor Amount Requested: $500.00 Recipient/Payee: Boynton Beach All-Star Cheerleading Squad Description of project, program, or activity to be funded: Help defray competition expenses for two teams of 32 girls from Boynton Beach to attend the NASCC National All-Star competition in Orlando, Florida March 7-9, 2008. Dated: I /70 J () 8' By:~~ iJ<d Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $1,000 has been used to date by the requesting Member, leaving a balance of available funds of $9,000. This request would bring the available amount down to $8,500. Accordingl y: ci There are funds available as requested o There are insufficient funds available Dated: I . ~ 0 . 'l.'DO~ \ By: Dated: Part 111- Eligibility Evaluation (to be completed by City Manager) r/ The proposed expenditure of funds will not result in improvement to private property; rJ! The recipient/payee provides services within the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and O/'Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated pu~,e. I!~"QV By: ~~ City Manager S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc The City of Boynton Beach Recreation & Parks Department Administration 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425-0310 (561) 742-6553 FAX: (561) 364-4079 Email: degraffenreidtm@ci.boynton- beach.fl.ns www.boynton-beach,org January 15, 2008 Dear Potential Sponsor, The City of Boynton Beach All-Star Cheerleading Program began in 2004 with one team of 28 girls; and has since grown to two_t~ams of 32 cheerleaders. The purpose and goal of the program is to teach self- ---~.- - . - --._-~._------.,--~_._-,.__. -'-.--'--'.- . .---- confidence, integrity, responsibility, a~s-well-as quality skills and techniques. Skills taught are used to build competitive cheerleading squads that represent the City of Boynton Beach in Local, State, Regional and the NASCC Nationals. On December 1, 2007, both teams competed and won first place in the UCA Regional's held in Orlando, Florida. As a result of winning, both teams qualified to compete in the NASCC National All-Star competition in Orlando, Florida March 7-9, 2008. The Boynton Beach All-Star will have the opportunity competing against girls throughout the nation. This is a prestigious honor for the City of Boynton Beach. My purpose for contacting you is to ask for a financial contribution that will allow the girls the opportunity to financially pay for the NASCC Competition. Registration for the two teams to compete in Nationals is $6,400 which covers the registration for 12 girls on the tiny team, and twenty girls who are on the senior team. Any donation given towards this endeavor will be greatly appreciated. Thank you in advance for your help. If you require additional information regarding the program, please feel free to contact me at 742-6553. Thanks in advance for your support. / , Senior Recreation Manager jmd America's Gateway to the Gulfstream JOIN UCA AND AMERICA'S MOST TALENTED ALL STAR CHEERLEADING TEAMS AT THE 200B NA TIONAL ALL STAR , t:HEERLEAIIINB ** CHAMPltlNSHIP * MARCH 7-9, 2008 AT THE Cekr~sNE~\,V~~l~@ , ,~ ALL TEAMS are assured to have an incredible competition as well as a great time at the world's most magical place, the WALT DISNEY WORLD@ Resort! UCA is pleased to offer a convenient and discounted travel package to aI/ teams, family members and friends. Travel packages include the fol/owing: · Hotel accommodations on the Walt Disney World@ Resort property · A Walt Disney World@ Resort 3 or 4 Day PARK '* HOPPER Ticket (dates limited from March 4 - 12, 2008) · 3 days premium admission into Disney's Wide World of Sportsâ„¢ Milk House · Roundtrip airport transfers from the ~);.~. Orlando International Airport only '7 . Airport greetings by the NASCC staff · Transportation to all NASCC events ' . 0 Feee Walt D;,ney Wa,ldo Re,oct ',"mpo,'otioe to anywhere on the Walt Disney World@ Resort property · Private Celebration Party at Disney's Animal Kingdom@ Theme Park complete with thrilling rides and a OJ I! -gEE tYO<< T#ERE/ R~~.. VI.-CONSENT AGENDA ITEM F. 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 December 18, 2007 December 3, 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon) 0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) 0 January 15, 2008 December 31, 2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon) ~ February 5, 2008 January 14, 2008 (Noon) 0 April I, 2008 March 17,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 1&1 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve the attached Special Warranty Deed and Quitclaim Deed, both prepared on behalf of Boynton Development Associates, II, LLC, subject to City Staff approval of the legal description of the referenced parcels. EXPLANATION: During recordation of the Condominium Documents for portions of property in Renaissance Commons, Compson Associates discovered a minor error in the legal description of two parcels along Gateway Boulevard. Apparently, the City currently owns a small parcel on Renaissance Commons property and Boynton Development Associates, II, LLC owns a small portion of property within what should be entirely public right of way of Gateway Boulevard. The attached Special Warranty Deed and Quitclaim Deed will correct this error. Both documents have been reviewed and approved by City Legal Staff. PROGRAM IMPACT: None FISCAL IMPACT: (Include Account Number where funds will come from) None ALTERNATIVES: NA ~~Q ~~ City Manager's Signature Assistant to City Manager ~ Public Works / Engineering City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC PREPARED BY AND RETURN TO: Richard B. MacFarland, P.A. BROAD AND CASSEL 7777 Glades Road, Suite 300 Boca Raton, FL 33434 SPECIAL WARRANTY DEED THIS INDENTURE, made and executed this _ day of , 2008, by BOYNTON DEVELOPMENT ASSOCIATES II, LLC, a Florida limited liability company, whose mailing address is 980 North Federal Highway, Suite 200, Boca Raton, Florida 33432 ("Grantor") to City of Boynton Beach, a Florida Municipal corporation, second party, having its principal place of business at 5469 West Boynton Beach Boulevard, Boynton Beach, Florida 33437 (hereinafter called the "Grantee") (wherever used herein the terms "Grantor" and "Grantee" shall include Grantor and Grantee and their respective successors and assigns): WIT N E SSE T H: FOR AND IN CONSIDERATION OF the sum of TEN AND NOIlOO DOLLARS ($10.00), in hand paid at and before execution, sealing and delivery hereof, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor has granted, bargained, sold, conveyed, aliened and confirmed and by these presents does grant, bargain, sell, convey, alien and confirm unto Grantee, its successors and assigns, all that tract or parcel of land situate in Palm Beach County, Florida, and being more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD said tract or parcel of land, together with any and all of the rights, members and appurtenances thereof to the same being, belonging or in anywise appertaining to the only proper use, benefit and behoof of Grantee forever, in FEE SIMPLE; and subject to the title matters set forth on Exhibit "B" attached hereto. GRANTOR HEREBY COVENANTS with Grantee that Grantor is lawfully seized of the above-described property in fee simple and that Grantor has good right and lawful authority to sell and convey said property. GRANTOR HEREBY WARRANTS and will forever defend all right, title and interest in and to the above-described property unto Grantee and the heirs, successors and assigns of Grantee against the lawful claims of all persons claiming by, through or under Grantor, but against none other and always subject to the matters set forth in Exhibit "B" hereto. [SIGNATURES APPEAR ON FOLLOWING PAGE] BOC 1\REALEST\21 0516.2 39196/0001 [SIGNATURE PAGE TO SPECIAL WARRANTY DEED] IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to be executed the day and year first above written. WITNESSES: BOYNTON DEVELOPMENT ASSOCIATES II, LLC, a Florida limited liability company Witness Print name: By: James Comparato, Manager Witness Print name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of 2008, by James Comparato, as Manager of Boynton Development Associates II, LLC, a Florida limited liability company, on behalf of the company. He CJ is personally known to me or U produced as identification. NOTARY PUBLIC, State of Florida Print Name My Commission expires: Serial No.: (SEAL) BOC1 IREALEST\21 0516.2 39196/0001 2 Exhibit "A" LEGAL DESCRIPTION (GW-03A) BOC1 IREALEST\21 0516.2 39196/0001 3 EXHIBIT B PERMITTED EXCEPTIONS 1. Taxes and assessments for the year 2008 and subsequent years not yet due and payable. 2. Plat recorded in Plat Book 103, Page 104. 3. Master Declaration of Covenants, Restrictions and Easements for Renaissance Commons recorded in Official Records Book 16940, Page 94; as supplemented in Official Records Book 17987, Page 61; and as amended in Official Records Book 19713, Page 1369; and as further amended in Official Records Book 21184, Page 457. 4. Cross-Access Easement Agreement recorded in Official Records Book 18288, Page 1218. 5. Easement Agreement recorded in Official Records Book 7738, Page 1865, together with required water and sewer improvements as set forth in Contract recorded in Official Records Book 7770, Page 598. 6. Notices of Adoption of Amendments to the Renaissance Commons Development of Regional Impact recorded in Official Records Book 17386, Page 352 and Official Records Book 17386, Page 370 and Official Records Book 18360, Page 378. 7. Notice of Establishment of the Renaissance Community Development District recorded in Official Records Book 18360, Page 378; together with Notice of Assessment by Renaissance Commons Community Development District recorded in Official Records Book 19738, Page 386; and together with Declaration of Consent to Imposition of Special Assessments recorded in Official Records Book 19786, Page 39. 8. Memorandum of Lease recorded in Official Records Book 19805, Page 1747. 9. Environmental Resource Permit Notice with South Florida Water Management District recorded in Official Records Book 16615, Page 1535 and Official Records Book 17669, Page 209. 10. FPL Easement recorded in Official Records Boo 20534, Page 1204. 11. Notices of Commencement recorded in Official Records Book 22376, Page 130; Official Records Book 22372, Page 1677; Official Records Book 22366, Page 320; Official Records Book 22335, Page 560; Official Records Book 22335, Page 559; Official Records Book 22322, Page 1048; Official Records Book 22322, Page 1047; Official Records 22317, Page 1426; Official Records Book 22297, Page 1091; Official Records Book 22295, Page 1777; Official Records Book 22290, Page 1211; Official Records Book 22286, Page 1048; Official Records Book 22283, Page 1827; Official Records Book 22277, Page 1178; Official Records Book 22273, Page 505; Official Records Book BOC 1 IREALEST\21 0516.2 39196/0001 4 22264, Page 707; Official Records Book 22264, 706; Official Records Book 22263, Page 1950; Official Records Book 22263, Page 1949; Official Records Book 22245, Page 1248; Official Records Book 22245, Page 1245; Official Records Book 22185, Page 85; Official Records Book 22179, Page 615; Official Records Book 22048, Page 242; and Official Records Book 21890, Page 1213. 12. Easement recorded in Official Records Book 20969, Page 1677. BOC1 IREALEST\21 0516.2 39196/0001 5 This Instrument Prepared By and Return to: RICHARD B. MACFARLAND, P.A. BROAD AND CASSEL 7777 GLADES ROAD, SUITE 300 BOCA RATON, FLORIDA 33434 QUITCLAIM DEED This Quitclaim Deed, made this _ day of , 2008, between City of Boynton Beach, a Florida Municipal corporation, whose address is 5469 West Boynton Beach Boulevard, Boynton Beach, Florida 33437, Grantor, and Boynton Development Associates II, LLC, a Florida limited liability company, whose address is 980 North Federal Highway, Suite 200, Boca Raton, Florida 33432, Grantee. Witnesseth, that the Grantor, for and in consideration of the sum of ------------TEN & NO/100 ($10.00)--------------_ ----DOLLARS, and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt of which is hereby acknowledged, has granted, bargained and quitclaimed to the said Grantee and Grantee's heirs and assigns forever, all of Grantor's right, title and interest in and to the following described land, situate, lying and being in the County of PALM BEACH, State of Florida, and being more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Grantee forever. In Witness Whereof, the Grantor has hereunto set it hand and seal the day and year first above written. Signed, sealed and delivered in our presence: City of Boynton Beach, a Florida Municipal corporation Witness #1 Signature Name: Title: Witness # I Printed Name Witness #2 Signature Witness #2 Printed Name [NOTARY TO APPEAR ON FOLLOWING PAGE) BOC1IREALEST\22538B.1 31442/0001 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2008, by , as of City of Boynton Beach, a Florida municipal corporation, who is personally known to me or has produced as identification. SEAL Notary Signature My Commission Expires: Printed Notary Signature BOC1\REALEST\2253B8.1 31442/0001 VIII.-PUBLIC HEARIN~ 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 December 18,2007 December 3, 2007 (Noon) D February 19,2008 February 4,2008 (Noon) D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon) D January 15,2008 December 31, 2007 (Noon) D March 18,2008 March 3, 2008 (Noon) 0 February 5, 2008 January 14, 2008 (Noon) D April I, 2008 March 17,2008 (Noon) NATURE OF AGENDA ITEM D D D D o Announcements/Presentations Administrative D D D D D City Manager's Report New Business Legal Unfinished Business EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: o 1:-;'-"1 CO ::::;-< RECOMMENDATION: Please place this request on the February 5,2008 City Commission Agenda ~r PtibItm Hearing. The Community Redevelopment Agency Board on January 8, 2008, recommended that the request be aJ1Pl"ovfd~ subject to the additional condition that the project must comply with the current code applicable to tiki huts (Ord~ce gJ~ 025). For further details pertaining to this request, see attached Department Memorandum No. 07-134. :J,;:~ -0 ui-i :JI: 0 Oz of." .~ N c=;~ CD 1TlC") :r Consent Agenda Code Compliance & Legal Settlements Public Hearing (-) Chow Hut (SPTE08~002) Anthony Mauro, 558 Gateway Boulevard, LLC Anthony Mauro 558 East Gateway Boulevard Request for a second one-year time extension for the major site plan modification (05- 007) approved on November 1,2005, further extending approval from November 1,2007 to November 1,2008. Regarding the application of Ordinance 07-025, this ordinance is intended to provide regulations where they currently are void due to the exemption status of chickee or child huts in Florida Statutes. However, use of the thatch-roofed structures on the subject project will not qualify for exemption from building codes and the permit process, given its attached and partially closed design and the inclusion of electrical wiring. Therefore the project will be thoroughly reviewed for compliance with all building and fire codes. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A Deny requested time extension thereby requiring project t be reviewed again through the site plan approval process. City Manager's Signature D Planmng and Zonin, ector City Attorney / Finance S:IPlanning\SHAREDlWPIPROJECT how Hut MSPM 05-007\SPTE 08-002\Agenda Item Request Chow Hut SPTE 08-002 2-5-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Assistant to City Manager ~ TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-134 Chair and Members Community R~de/v~p~ent Agency Board Michael RumpW ~. c., Director of Planning ~Q)iing Kathleen Zeitler lV. . Planner December 31, 2007 Chow Hut (SPTE 08-002) Site Plan Time Extension Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: East: West: PROJECT DESCRIPTION 558 Gateway Boulevard, LLC Mr. Anthony J. Mauro, 558 Gateway Boulevard, LLC 558 East Gateway Boulevard (see Location Map - Exhibit "A") Local Retail Commercial (LRC) Neighborhood Commercial (C-2) No change proposed No change proposed Take Out Restaurant with Outdoor Seating 0.18 acre (8,057 square feet) Right-of-way for Gateway Boulevard, and further north The Crossings at Boynton Beach zoned Planned Unit Development (PUD) with single-family attached residential units; Northeast 21st Avenue, and further (SE) Boynton-Hypoluxo Animal Clinic zoned C-2, and (SW) VFW Post 5335 zoned R-3; BMT Discount Beverage store zoned C-2; and Coin Laundry self-serve laundromat zoned C-2. Page 2 Memorandum No. PZ 07-134 Chow Hut SPTE 08-002 BACKGROUND Mr. Anthony Mauro with 558 Gateway Boulevard, LLC (owner/developer) is requesting a second one (l)-year site plan time extension for The Chow Hut Major Site Plan Modification Development Order (05-007), which was originally approved by the City Commission on November 1, 2005. At the time of site plan approval the regulations allowed a total of one (1) year to secure a building permit following site plan approval; however, the regulations have since been revised to allow an initial 18-month period to secure a building permit. A previous site plan time extension (SPTE 06-014) for this project was approved on January 2, 2007, which extended site plan approval for one (1) year, from November 1, 2006 to November 1, 2007. If this request for an additional extension were approved, the expiration date would be extended to November 1, 2008. The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study Area 1. According to the staff report for the approved major site plan modification (MSPM 05-007), the proposed Chow Hut is a redevelopment project approved for a 2,548 square foot take-out restaurant with outdoor seating. The project consists of a 1,300 square foot building, and a covered outdoor dining area of 1,248 square feet. No drive-through window or indoor seating is proposed. The project includes construction of an additional 598 square feet of enclosed building area to the existing structure of 702 square feet, for a total enclosed building area of 1,300 square feet. The building addition of 598 square feet includes a freezer/cooler room, public handicap accessible restrooms, kitchen storage area, and ice cream counter. Also, new covered outdoor dining areas under thatched chickee huts are proposed on each side of the building, with a maximum of 32 seats (including service bar area). The Chow Hut will specialize in gourmet comfort food, and is proposed to be open for breakfast, lunch, dinner, and "late late" night meals. A service bar is included within the outdoor dining area, however, the applicant has indicated that the majority of sales (90%) will be from food, not alcoholic beverages. The applicant has indicated that there will not be any amplified music played indoors or outdoors. The site is currently nonconforming relative to landscaping and ADA requirements. The proposed site improvements will bring the site up to Code as much as possible by adding architectural interest to the building, parking designated for handicap use, publiC restrooms which are handicap accessible, a screened dumpster with enclosure to match the building color, and additional landscaping where feasible. ANALYSIS According to the current Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have eighteen (18) months to secure a building permit from the Development Department", however at the time the site plan was approved, onlyane (1) year was allowed to secure a building permit. Examples of building permits include but are not limited to the following: Plumbing, electrical, m.echanical, foundation, and structural. The Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on October 30, 2007, prior to the expiration date of the site plan. According to the justification submitted for the requested time extension (see Exhibit "B"), the applicant states that more time is needed due to the decline in the residential market, and explains that they are relying on the increased housing in the area to support the business. The applicant also explains that additional time is needed to revise construction drawings to address the conditions of site plan approval, and to submit the plans for building permits. Page 3 Memorandum No. PZ 07-134 Chow Hut SPTE 08-002 A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. The Palm Beach County Traffic Division approved the traffic study for this project based on the previously proposed total of 2,420 square feet of restaurant area under roof. The traffic concurrency approval included a restriction that no building permits are to be issued for the project after the build-out date of 2006. Prior to site plan approval, the plans were revised from 2,420 square feet to 2,548 square feet (1300 sf enclosed building, 1248 sf under roof for outdoor dining). A condition of site plan approval requires the applicant to obtain a revised traffic concurrency approval for the additional 128 square feet proposed. The revised traffic concurrency approval will also include an updated project build out date, to coincide with the site plan time extension schedule. The site plan time extension would still be subject to conditions of approval from all previous applications. Lastly, no new land development regulations are now in place which staff recommends should be applied to the subject project. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (i)-year time extension of the site plan (MSPM 05-007) for The Chow Hut project. If this request for extension were approved, the expiration of this site plan would be extended to November 1, 2008. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan for this area and provide economic revitalization. If this request for site plan time extension is appiOved, all outstanding conditions of approval from the major sitt plan modification approval must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or approved by the City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "C"). S:\Planning\SHARED\WP\PROJECTS\Chow Hut\SPTE 08-002\Staff Report.doc Exhibit "A" - Site Location Map Chow Hut - SPTE 08-002 . 110 55 0 r-........_ w4tE S 110 220 330 440 I Feet (\ ,r-:.. Exhibit "B" Chow Bpt 5S8 Gatewa~ Blvd. Boynton Beach, FL 33435 October 28, 2007 The City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33483 RE: Chow Hut File No: MSPM 05-007 . Location: 558 NE 22nd Ave (Gateway Boulevard); Dear CRA and Commission Members, We respectfully request a one year extension to 01lll' site plan modification approval. My partner Doug Peters and I are very passionate abO}!t developing this property correctly and at the right time. After hundreds of hours of reviewing and modifying our plan. we feel strongly that the time is right to move forwarcJ. Mr. Peters and I are counting on the increased housing in the area to support our bus~ss. Because of the decline in the market, this has taken more time than we had origjinany expected. Although the new home sales have dropped significantly, we see m~ units starting to move and see two new'project~ coming out ~fthe ~und as 'We writf thisnote. We are confident that our detailed revIew and planmng will help to ensure our long term success. We have also realized a significant drop in construction costs thttt were prohibitive at this time last year. The key to having a successful restaurant is proper planning and we feel very confident that our schedule, updated construction costs and :plans are where they need to be. It has been a business decision to hold off until the righUime. We appreciate the support of the commission and town staff for our project and giving us the opportunity for success. As requested, we will also be revising the pages of our approved site plan to incorporate all conditions of approval, as applicable. A copy q.fthe Development Order, including these conditions, will accompany the submission ~f the fully amended site plan set. We will also include all documents and third party letters listed in the conditions approval that need to be submitted with our permit package~ Our packa e for permit will be submitted for apprpval by the end of November, 2007. ["00)' :.' lJU" \.~:-~!_~-~~ \ II' \' :. ,: OCT 3 0 2007 'L) i PLANNING AND ZONING OEPT EXHIBIT 'fe"~ Conditions of Approval Project name: The Chow Hut File number: SPTE 08-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of X Approval corresponding with MSPM 05-007. Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS -- Comments: 2. Where applicable, the subject project has to comply with the current code X I regulating tiki huts (Ordinance 07-025). I T ADDITIONAL CITY COMMISSION CONDITIONS I Comments: I 1 I To he determined. I i S :IPlanningISHAREDI WPIPROJECTSIChow HutISPTEICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Chow Hut APPLICANT'S AGENT: Mr. Anthony Mauro, 558 Gateway Boulevard, LLC APPLICANT'S ADDRESS: 558 Gateway Blvd, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE cm COMMISSION: February 5, 2008 TYPE OF RELIEF SOUGHT: Request a one (l)-year site plan time extension until November 1, 2008, for a building addition to a proposed restaurant on a 0.18 acre parcel in the C-2 zoning district. LOCATION OF PROPERTY: 558 Gateway Boulevard (south side of Gateway Boulevard, 2 lots west of North Federal Highway). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "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 ~'\PI::::mninn\~I-L6.Rl=n\\^,D\DQ() 1~(""T~\f"h",uAl 1-1, .HCOTC no fV\")H"',t"'\ ............... Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 fixed business that provided like goods or similar services, and another existing MVU. Any outstanding comments had been formulated into a condition of approval and must be satisfied prior to obtaining the MVU permit and operating the business. The condition recommended by staff read as follows: "1. The grill and screen canopy shall be placed a distance from the Pantry's dumpster satisfactory with the City's Waste Removal division, in order to ensure continued ease of garbage pickup." Staff recommended the request be approved, subject to this one condition. Rufus and Brenda Allen, applicants, wondered whether they could open the business in Boynton Beach. They agreed to comply with all conditions required by the City. Debbie Brookes, 112 S. Federal Highway, was the owner of the business across from the Pantry, and she believed Rufus Ribs greatly benefited the community. She felt they had done everything to appease the residents of Boynton Beach and hoped the board would approve their request. Steve Anton, 234 SE 2nd Avenue, resided near Rufus Ribs, and believed the ribs were the best he had ever consumed. He felt the business added a unique quality to Boynton Beach, inspired an old hometown feeling and would be a great addition to the City. Motion Vice Chair Rodriguez moved to approve. Mr. Hay seconded the motion that passed unanimously. Chair Taylor advised the applicants they could open as soon as they obtained their license. This item was not required to be brought before the City Commission. B. Chow Hut Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Chow Hut (SPTE 08-002) Anthony Mauro, 558 Gateway Boulevard, LLC Anthony Mauro 558 East Gateway Boulevard Request for a second one-year time extension for the major site plan modification development order 05-007 approved on November 1, 2007 to November 1, 2008. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 Ms. Zeitler advised Mr. Mauro requesting a second one-year site plan time extension for the Chow Hut Major Site Plan Modification Development Order, originally approved by the City Commission on November 1, 2005. A previous site plan time extension for this project was approved on January 2, 2007, which extended site plan approval for one year from November 1, 2006 to November 1, 2007. If this request for an additional extension were approved, the expiration date would be extended to November 1, 2008. Chow Hut was a redevelopment project approved for a 2,548 square foot take-out restaurant with outdoor seating. The project consisted of 1,300 square feet of building and a covered outdoor dining area of 1,248 square feet. No drive-through window or indoor seating was proposed. New covered outdoor dining areas under thatched chickee huts were proposed on each side of the building, with a maximum of 32 seats, including a service bar area. A revised traffic concurrency approval would be required and would include an updated project build-out date to coincide with the site plan time extension schedule. The site plan time extension would still be subject to the conditions of approval from all previous applications for this project. No new land development regulations were now in place which staff recommended should be applied to the project. Staff recommended approval of the request, subject to the previous conditions of approval. Chair Taylor opened the public hearing. No one having come forward, public hearing was closed. The board discussed distance standards adopted by the City several months ago and wanted to ensure the chickee huts were in compliance with the standards. Mike Rumpf, Planning and Zoning Director, was not certain as to the intent of the ordinance and suggested either tabling the matter in order for staff to review the ordinance, or inserting a condition requiring the huts be redesigned if they were in violation of the current ordinance. Attorney Doody contended either option was advisable. He believed the board could pass the item with the condition requiring compliance with the present Code, and for the department making that determination, (either Community Development or Planning) to be identified. Chair Taylor reiterated the board's option to make a motion to approve the item, with the specification that it had to comply with the current Code for chickee huts. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 Motion Mr. Weiland advised he would like to make that motion. Mr. Hay seconded the motion that passed unanimously. IX. Old Business: A. Consideration of Redevelopment Proposals for the Old High School Ms. Bright advised, during last month's meeting, staff was directed to bring this item before the board. Staff provided historical documents and timelines relating to the manner in which the CRA received the project. Prior to 2005, the City Commission controlled the use of the Old High School. It was used primarily for offices and thereafter for storage. Since 2005, the City Commission adopted the Town Square Plan and the CRA became involved. Included in the packet was an October 4, 2005 letter from the Boynton Cultural Center together with an Interlocal Agreement with the City, and the original timeline relating to the uses of the Old Hiah School. The sum of $4.3M had been oledaed in arants ..." , 1,..1_ through the City's Capital Improvement Fund. At issue was whether proper action had been taken with a Request for Proposal (RFP). In 2006, the CRA issued a national RFP, which resulted in the receipt of two proposals. Five Towns College was selected as the group with which to negotiate. The former CRA board's concern was that the Old High School would be seen as a single site user, while the Downtown Master Plan might call for the creation of a larger comprehensive area. It appeared the board and City Commission ultimately determined a larger scope project for the Downtown Master Plan was desirous. In August 2007, staff was directed to pursue discussions with, and attempted to secure proposals from parties who were interested in saving the Old High School. The proposals were included in the packet. Ms. Bright advised there were also two entities that could provide private funding and secure the Historic Tax Credit, which would be necessary to renovate the Old High School. Staff sought discussion and direction from the board. Vice Chair Rodriguez believed presentations were to be made. Ms. Bright apologized, as it was not her understanding this would occur this date. Mr. Weiland suggested tabling this item in order for presentations by the two interested parties to be made at the next meeting. 8 [x. - CITY MANAGER'S REPORT REVISED ITEM A COVER CITY OF BOYNTON BEACH SHEET 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 December 18, 2007 December 3,2007 (Noon) D February 19,2008 February 4, 2008 (Noon) D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon) D January 15,2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon) [8] February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon) D AnnouncementslPresentations [8] City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA TION: Review and approve FY2009 federal appropriation submittals. EXPLANATION: Staff has received a request from Congressman Ron Klein's office to submit any project(s) for which we may be seeking federal funding. This can be in the form of specific agency funding or a special appropriation. Staff has assembled two priority projects that we believe would have merit with federal legislators, and we would appreciate City Commission review and approval for submittal. After submittal of the appropriation requests, city staff works with our federal lobbyists, US Strategies, to track the requests and obtain federal legislative endorsements for the submittals. Part of the process will be to acquire Senate sponsorships. We have been advised by both Congressman Wexler's and Congressman Hastings's offices to submit our requests as early as possible. US Strategies has also informed the city of potential federal funding in two additional areas. City staff will put together a proposal to expand current initiatives under the Youth Violence Prevention Program to include educational anti-gang/anti-violence programs focused toward elementary students. Federal funding may also be available to assist the city with the construction of a "sustainable green" Police Facility, which when completed would operate with greater energy, water and environmental conservation and efficiency. Staffwill be working closely with US Strategies to identify and pursue these potential funding sources. The FY2009 federal appropriations submittals will include a Mobile Incident Command Center in the amount of $429,750 in compliance with the Homeland Security Presidential Directive #8 for "all hazards preparedness" i.e. domestic terrorists, major disasters and other emergencies. The submittals will also include a request for funding for the construction of Boynton Beach Community Park & Boundless Playground, a one-of-a-kind 13.5 acre barrier-free park and playground, in the amount of$IM. The City has recently been notified of a FY2008 funding award through Congressman Ron Klein's office. The City will be receiving $294,000 from the Department of Transportation Economic Development Initiative Grant to begin Phase I of the Training Facility for emergency response teams at the city-owned 8-acre property at Rolling Green. We have also received this year a federally funded subgrant through the State of Florida Division of Emergency Management in the amount of $1,721,252 for Fire Station # 5 Emergency Operations Center S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC sr' .,'\"Y 0..'"". (~ "', . , I J m\ /0 O) ~~,;~.~\;;}' $ 'i CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM hardening. Acquiring this subgrant required close collaboration and intervention with US Strategies and the PBC Legislative Delegation. PROGRAM IMPACT: Funding, if approved would reduce local funding costs for the projects listed. FISCAL IMPACT: N/A AL TERNA TIVES: Do not pursue the project or fund the projects 100% locally or by other grants as available. ~~aru" Assistant to City Manager Wd- City Manager's Office Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Office of Rep, Ron Klein (FL-22) FY2009 Appropriations Form DEADLINE: FEBRUARY 15.2008 Name of organization City of Boynton Beach 2. Address of organization 100 E. Boynton Beach Boulevard 3. Contact person for staff Jody Rivers (Name, email, phone number) riversi@ci.boynton-beach.fl.us (561) 742-6226 4. Contact Person for Rep. Wally Majors, Recreation & Parks Department Director Klein (561) 742-6255 (Name, cell phone number) 5. Pro.ject Title and Location Boynton Beach Community Park & Boundless Playground 6. Project Description (Please limit your response Construction of a one-of-a-kind 13.5 acre barrier-free park and "Barrier Free Playground" at the to 250 characters) Congress A venue Community Park site. Park elements include a therapeutic recreation center, wetlands restoration, open play areas, three structured play areas, picnic areas, an interactive pond, and trails that will all be barrier free. The park and the playground will be created to EXCEED guidelines created as part of the Americans with Disabilities Act. 7. $ Amount requested $1,000,000 Please attach a detailed bud~et. 8. Project's total cost $8,646,615 9. Estimated date when the funds will bel!in to draw down October 2008 10. From which account should the fundin~ come from? Is there statutory Unknown _.Jthorization for this project? If so, where? 12. Has the President No requested funding for this project? 13. Will you be seeking funding No in the future for this project? 14. Are state or local matching funds available for Yes, $2,500,000 in Cash and $4,500,000 in Land this project? If so, how much? The balance of the project will be funded by private or foundation donations, grants and other government funding. We have also applied for a $200,000 FRDAP grant but haven't heard if it will be funded yet. 15. What other sources of (private/public) funding do We will launch a fundraising campaign for Phase II in 2008/09. you have for this project and how much have they contributed and/or how much will they contribute? 16. Are you applying for No funding for this project from other members of the House of Representatives? If so, - -"o? Have you ever No received federal funds for this project? If so, when and from what account? 18. How will this oroiect meet The park will offer amenities to people with and without disabilities and will give the park users the Please return this form to Congressman Ron Klein, by fax to (202) 225-8398 . --- Office of Rep. Ron Klein (FL-22) FY2009 Appropriations Form DEADLINE: FEBRUARY 15.2008 - opportunity to play and learn together. On a barrier-free playground, at least 70% of play activitie~., be enjoyed by children with physical challenges without leaving their support equipment (e.g. walkers, wheelchairs) behind. It will also benefit children with developmental delay issues, such as autism, by providing plenty of opportunities for sensory stimulation. Many of the same benefits will be enjoyed by caregivers with limited abilities. The therapeutic recreation center will offer recreation programs and after-school programs for children with various abilities and disabilities who may not be able to find similar programs elsewhere. Play is a fundamental component of childhood. It is also an important way children learn to conform to society. This project will benefit children with and without disabilities by providing opportunities for all children to play together side-by-side. It will also provide opportunities for intergenerational play between children and their physically challenged parents and grandparents. federal policy goals or demonstrate national significance? Example: Increases energy efficiency, raises literacy rates, improves worker safety, etc. Please return this form to Congressman Ron Klein, by fax to (202) 225-8398 OpinIon of Probable Cost ~r.oJl'd'''''''''-..laIJVrN/IaIt''' TOTM COST TOTALCO:>T CJ r'c,&~~' 59071865 ,..,......C8IlllolfIncY... =~c=~ c~... ",n"'le ""'c-lIudGrICoIt :IS SUSUQ T...FftI"'~ 1~ ::= =.:=: 15'lo 'U.l7.11!i~ gj',lt13U d81r.JulrJI,ZIII .-.. _!!llJdl:l . mn:n:J 'l,m,lot IS,''',IID U1ll,M5 U,lls.- Sla.m tl2Hlt Sl:!2.&llI MlO.... U2ll,!IlIS I>1U2O - .. lto...GrtIIrlg.PIllIdExctvdoll-ClII Ro...GtdrIa-"",,,llINIoapllndIII RaulllGIMlIlg.....nl F"""...... 0.-, lJRIt \/nil...... 1"'_ r....t=.:;. ~ ~= I~~fjl\hl 1.111I 'UlDll 500 'UOO ~ ~ ~ "80,000 "'.. ........ ~ I'f\oIwI_1 ~... pI~~.?t.'.~:-:J 4,l1lll ~,lIlll 2.!m 125.000 100 'UllXl 5,000 $2S,lIlll SOOO $4lUIlll 10,000 1180,000 !ill,1llllI 11I1ll,lllll 5,000 sY IHIll 3,000 sY 110,00 100 $'P' 110(10 5.lllX1 CV 15,(10 5,000 CV 18,00 2lI,OOO CV '18,00 60.000 SV $200 .."" 120."" SUIlll 125,000 ~O,OOO 1:180.000 1120,000 t,~1,1'1'[,_1;t."11]IJ " 1100,000 IMlll.ooo " l3Ol."" l3Ol"" " 1100000 '100,000 LS '150,000 '150,000 3,100 " "" ""... " "" " ..~ m.Oll ....... '.'" " ..~ ""... . " 12llll,OOO """" .. " l30l 1240,000 .. " ..~ "'.. I,Ut'I.:'_i:).I;..~111 ". " ... "'... ~ " l30l ".. " " "" .... ". " '300 120." .. " '''' ..... .. " 1115 1105.000 ... " ... 111ll1,000 1 " "'... "'.. . " "'.... "'.. . " 11S,000 115,000 .. " 120 "'... ". " "DO "'."" << " '200 11,000 '" " ,.~ ,'... 2~ " '300 175,000 M " '''' '10.000 '" " "00 "'.... '" " .. 'to.l:Ul 'DO " "" '" .... t,'" "".. ~ ~ ~ . ~ .. ~ .. aoundle ""'~C" T..,......~ ='= -- -- ....-...-......... ~dIIf....lom........"SIIflIY_ 1I'Itc__......-""'oJllllld"l_ ........-""""O....,liD_pond ............aA.....w1rwwlli 1Jlf1IMl__.bnllNnII ..........8' -.. - - - 1615,l1llll bIottnll.tilerool,wooc1m. o:ono:""'" 115,lllllI leftl'llfllCld rad,"4IOOdbumlflClrao'ert., """" 12lID,000 12~~,000 "IIIllMnlJllrimol,woocIbMm_,.f\ef1;,p "'.. ,w~'?'f''1\IlllWl~I'1 ~ .. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .. ~n~?7'.:.1 ;~:! '-;'1 100 $SO.OIllI ~ ".... .. ".... 100 13O.lllXI .. "'.. 600 II05.l1lll 1M IJllI.ooo 1 $4O,llIllI . "'.... 1 "5.1Xlll 800 124,011I 100 12lI,1kXI 44 11,001I 5llll 11S,000 250 JJ5,000 2lI 11~.ooo 200 120.000 2lllI SI~.1Xlll 100 $2D.ooo 11,II'loa_tl~1Il10111 """~,,,,,,,\,~"!IIIr,t:'.1 Jll;';~"",,~;." !_~,~:< ' , " ..."" UlXl.ooo .. 2 Jl00,1Xlll - . " "'," "'.... ~ . "''''' - ~ " 1l,5IIlI 145.000 .. ~ ~... - . " II,m U.. .. , ".. - .., " '" u.... ~ .DO J5,lIOO pI.-lan:,1iI!I.3I4.....,~ 5 " ","" ".... .. 5 IMoo -umpIiDn rr..~~,'1:.~I'll\l;" r~"'~~r.,~.1 If j-ti.', 300 " 5'" "'.... ~ 300 "'.. ,.... " '" "''''' " 5." "'... ..... " ." 112,000 "... ... ..... ,."" " ... "'... ~ '.. 1M.... 00."" " " 1280." .... 13S.000 ,"," "".... L"" " '" J12.ODO ,... S12,000 0 ~ ,., " ... IS" '" "... 0 " .."" " '" S5S,llllll ~ L"" "'.... ''''' " " "''''' ~ ,.. "''''' 2."" " " IS"" " 2" ..... '" " "" ~~,OOO ~ '" "',.. il,)!lLl,I,_illl:i.t"1 '''''''''''I''-~n;~L:l ~mH\ll!':'t"j 300 " .'" $210,000 ~ J35,OOO ." '115.000 .. " ,.'" IS'" 2 IS"" " 119.soo 'DO " "" "'.. ~ 'DO "'.... " " ... "''''' ~ ~ "'... dl.onpo,pllInIedftl)()C .DO " '250 $25,000 ~ .00 ,...... 12.1Xlll " '" """" ~ """ """" ."" " ,m 110,000 ~ '," 'm.... llIIIIIfoI;lplMlt.... 21,0IllI " " WJ.OOO 10,000 ...."" 17,000 "53.000 ''''' " .. "''''' ',"" """ ... ,...... ~._fKIrIrnUtl>..",....'"'"*'dWlll-..... ..... " .... I1f1l1.1m M"" J16,000 1f1l1.1m '144.000 , " "'" 112,500 ~ . ........ M ~ ".. "'.. ~ M - 20 ~ 1l.2Oll IS'" ~ M .. ~ ,uoo ... ~ .. .. ~ IS"" "'... .. .. .. ~ IS."" '" " .. M " 11.200 "'.... 12.200 .. .. " IS." 120." """ , , " '''' ,,'" nOOCl 3 " " SS,OlIO 5100,0flll ~ M .. " nsoo 115,t1(lll ,,'" , .. " ,um ..... ~ .. . " ..... ".... ~ . "'~ , ' _~!;'.~.;'ll 1lI7,......."~ In . " ....... $25,llllll . ,.... .. . " 115,000 '15.000 . ,.... , " . " l3S." $35.000 . 135,000 . ~ 5 " "S000 145,llllO 3 ....... . ~ . " $111,000 110,000 ~ . S1~,1Xlll . " ...."" 14~.000 ~ ~~.OOO . " "'."" 120,000 ~ 52l1,000 '6,000 " ... ...."" S250,llOO ."" SISIl,{XlfI . ~ 110,000 IIO,llOO ~ . $10.000 .. " 1,COO SF tl,IoI.].I,_t"-.lI(.[.I.J $2s,ooo 5175.000 ,,'!e,....... '"'f.-"lI:N JI!l"f"~~ll'l'ill1r~"I;'.',.': So 25 525.000 10 1.lllIll 1115.lll11 ...... 1175 --,--......"'--..-..- ~_..,--,,-_.._-~- "" ~---_..._-_....._.._..._-""'_..,----..__....-.._..._--- --~..__....._------ ...-----.....--..-..-.....--- Office of Rep. Ron Klein (FL-22) FY2009 Appropriations Form DEADLINE: FEBRUARY 15.2008 Name of organization City of Boynton Beach -- 1. 2. Address of organization 100 E. Boynton Beach Boulevard 3. Contact person for staff Sgt. Suzanne Gitto (Name, em ail, phone number) gittos@ci.boynton-beach.fl.us (561) 742-6141 4. Contact Person for Rep. ChiefG. Matthew Immler Klein (561)436-1818 (Name, cell phone number) 5. Proiect Title and Location Mobile Incident Command Center, Boynton Beach, Florida 6. Project Description (Please limit your response In compliance with the Homeland Security Presidential Directive/Hspd-8, the City of to 250 characters) must acquire the necessary equipment for "all hazards preparedness" i.e. domestic te disasters and other emergencies. Our first responders must have the tools necessary t immediate support services during prevention, response and recovery operations. Th Beach leaders and staff have completed NIMS training and have plans in place, howe the necessary resources to maximize our ability to prevent, respond to and recover fr This mobile incident command center will enable Boynton Beach to sustain a presenc interoperability with other agencies to immediately and effectively respond to all haz 7. $ Amount requested $429,750 Please attach a detailed budl!et. * See attached 8. Proiect's total cost $429,750 Boynton Beach rrorists, major o provide e City of Boynton ver we still lack om major events. e and provide ards. I 9. EstImated date when the I funds will be in to draw down 10. From which account should I the fundin come from? I 11. Is there statutory authorization for this project? If so, where? 12. Has the President requested funding for this ro'ect? 13. Will you be seeking funding in the future for this ro' ect? 14. Are state or local matching funds available for 07/0 I /2008 Homeland Security Presidential Directive/Hspd-8 No No No this project? If so, how much? -- IS. What other sources of None at this time (private/public) funding do you have for this project and how much have they contributed and/or how much will they contribute? 16. Are you applying for No, however we have included this request in a Community Budget Issue Request that Senator Jeffrey , funding for this project from Atwater and Representative Maria Sachs agreed to sponsor at a state leveL ! other members of the House I of Representatives? If so, who? ----.-. 17. Have you ever No received federal funds for this project? If so, when and from what account? I 18. How will this project meet This project will assist in fulfilling one of the national strategy focal points of the homeland security .~~.,-, Please return this form to Congressman Ron Klein, byfax to (202) 225-8398 Office of Rep. Ron Klein (FL-22) FY2009 Appropriations Form DEADLINE: FEBRUARY 15.2008 federal policy goals or demonstrate national significance? Example: Increases energy efficiency, raises literacy rates, improves worker safety, etc. initiative: Emergency Preparedness and Response. This focal point addresses the need to reduce the loss of/ife and property and to protect from all types of hazards including man-made, industrial or terror related incidents and natural disasters. The focal point is two fold and incorporates both incident management and interoperable communications. The incident command center would assist with incident management by ensure this agency is fully functional in times where circumstances are uncertain and mobility may be a necessity. The incident command center will be a self-sufficient structure that will allow us access to all required tools needed to prevent and/or recover from any type of major incident. The incident command center will also address the issue of interoperable communication by allowing this agency to communication more efficiently with all local/state/federal agencies during the aftermath of a major incident. Please return this form to Congressman Ron Klein, by fax to (202) 225-8398 Mobile Specialty Vehicles PURCHASE PROPOSAL FOR SALE OF 40-Foot Mobile Command Center MOBILE SPECIALTY VEHICLES 40' Command Center Body Specifications I. Chassis 1) Freightliner M2 Business Class Series 2) Front Engine Set- Back Axle Truck II. Dimensions 1) Exterior width 102- 2) Length 40' 3) Interior width 96: 4) Interior height 86- 5) Exterior height w/air 12'8- to 13'4- 6) Wheelbase 270. 7) GW/R 33,000# 8) GCWR 40,000# III. Vehicle WeIght Ratings 1) Front GAWR 12,000 Ibs. 2) Rear GAWR 21,000 Ibs. 3) GW/R 33,000 Ibs. 4) GCWR 40,000 Ibs. II. Wheelbase 1) 270 in/ 6850 rnm V. Front Axle 1) Meritor MFS - 12-143A 71.5 KP1/3.74 2) Meritor 15 x 4 Q+ Carn front brakes 3) Capacity 12,000 Ibs. 4) Track width 83.33 in VI. Rear Axle 1) Meritor RS-21-145 R-SRS quite ride 2) Single Lapped Coach Gearing Rear VII. Axle 1) Drive Ratio 4.33 Traktec Lock 2) Capacity 21,000 Ibs. 3) Track Width 73,56 in -3- . - - -- -- ..-.-- ---- MOBILE SPECIAL TV VEHICLES 40' Command Center Body Specifications VIII. Brakes 1) Meritor Q+ Series Air Brakes front and rear 2) Full ABS WABCO 4S/4M 4 sensor/4 modulator system 3) BW AD-IS (DRM) Brake Line air dryer with shield, heater and integral reservoir IX. Engine 1) 350 hp Caterpillar wI Utlrashift 2) Peak HP - 350hp high torque @ 2400 rpm 3) Peak Torque - 860 Ibs. ft. @ 1440 rpm 4) Fuel Injection - HUEI Electric Fuel Injection 5) Phillips - Tempo 1500 watt block heater 6) 2004 EPNCarb emission certification 7) Electric Engine integral shutdown protection system X. Transmission Eaton Fuller FO-8406A ASW Transmission 6 speed Push Button Automatic Electric Shift Control Water to oi! transmission cooler-in radiator end tank. XI. Cooling System 1) Radiator Core 2 rows. 15 FPI, 870 sq. in area 2) Charge air cooler - Cross flow 3) Transmission oil cooler - Remote mounted, water-to-oil 4) Fan - Belt driven XII. Electrical 1) Alternator DR 12 v/130 amp 22-51 Quadra mount Pad Alternator 2) Starting - Denso; 12 volt 3) Emergency Start - Solenoid switched 4) Battery - Two GRP31 12v MF 1520 CCA, with (2) Deep-cyde maintenance-free AGM coach batteries with battery disconnect XIII. Frame 1) Raised Rail Frame Rail Construction 2) Max Resist. Bending Moment 7/16" X 3-11/16" X11-1/8" Steet Frame 11.11 MM X 282.6 MMI .437 X 11.13- 120 ksi 3) Need 310" wheelbase data-code 545-787 4) Max Frame Section 11.13 x 3.705 x .437 -4- MOBILE SPECIAL TV VEHICLES 40' Command Center Body Specifications XIV. Fuel Tank 1) Equi-flow Fuel System Dual 50 gallon polished aluminum tanks XV. Leveling Jacks 1) Automatic hydraulic wrrouch Pad Control XVI. Steering System 1) TRW THP 60 Power Steering 2) Rating 12.000 Ibs. 3) Ratio 20.4:1 4) Column Douglas tilt and telescopic column 5) Pump make and type - Vickers gear Driven XVII. Step 1) Electric XVIII. Suspension 1) Suspension Dump Valve w/auto refill for ease of uncoupling your trailer. 2) Front 12.000 Ibs. Taper feaf 3) 23000 Ibs. Airliner XIX. Trailer Hitch 1) Class-5 Receiver 2" tube XX. Towing 1) Towing extended/roadside service warranty - 2 years/Unlimited XXI. Tires. Wheels, Hubs 1) Michelin radial XZE 275/80R 22.5 14 ply 2) Conmet Iron front hubs 3) F/L Domed trubo 22.5 X 8.2510 Hub pilot aluminum #29114/16 disc front wheels 4) Polished front wheels (outside only) XXII. Instrument Panel and Controls 1) Black Gauge Bezels 2) Wood grain Instrument panel-driver 3) Low air pressure light and buzzer 4) (1) Single brake application air gauge 5) Primary and Secondary Air Pressure gauges -5- ~ MOBILE SPECIALTY VEHICLES 40' Command Center Body Specifications 6) Intake mounted air restriction indicator with graduations 7) Cruise control-electronic engine wI switches 8) In lH switch panel 9) Key operated ignition switch & integral start position: 4 position Off/Run/StartJAC/OdometerfTrip/Hour/Diagnostic/Voltage display, 1 x7 char. 26 Warning lamps, data linked ICU3 10) Diagnostic Interface Connector, located below dash 11) Electric fuel gauge 12) Programmable RPM control-electric engine 13) Electrical engine coolant temp gauge 14) Overhead instrument panel 15) Engine and trip hour meters integral within driver display 16) Electric engine oil pressure gauge 17) F /l XT A-2300 AM/FM/WB CD Radio by Delco 18) (2) Radio speakers (cab only) 19) Multi-band AMlFMM'B/CB LH Mirror mounted antenna system 20) Power and ground wiring provision 21) Electronic MPH Speedometer wI secondary ignition switch controlled engine stop 22) Illuminated rocker switch w/wire to BOC and MRKR It circuit to JCT BlK on FRM BOC 23) KPH scale, w/o odometer 24) Electronic Tachometer 3000 RPM 25) BW tractor protection valve 26) Trailer brake valve, hand control 27) Digital voltage display integral with driver display ICU3 28) Single electric windshield wiper motorsl delay and arctic type blades 29) Marker Lt/Headlight switch w/separate interrupter for clearance lights 30) Two valve parking brake system with warning indicator 31) Self cancel turn signal switch w/dimmer, washer/wiper and hazard in handle 32) Integral Electronic turn signal flasher XXIII. Cab Exterior 1 ) Rust Proof Body 2) 106" BSC Flat roof aluminum conventional cab 3) Rubber cab mounts 4) Non removable bug screen mounted behind grill 5) Exterior grab handles w/single rubber insert LH/RH 6) Hood Mounted chrome plastic grille 7) Fiberglass hood Door mounted mirrors -6- MOBilE SPECIAL TV VEHICLES 40' Command Center Body Specifications 8) 102" equipment width 9) Right Hand down view mirror 1 0) Standard side/rear reflectors 11) Tinted door glass LH & RH with tinted operating wing windows 12) Tinted windshield 13) Integral headlighVmarker assembly with chrome bezel 14) Rectangular clear fog lights mounted under bumper 15) Dual electric horns 16) Single 11" round air horn under deck I. Cab Interior 5) Opal grey vinyl interior 6) M2 Interior convenience package 7) Molded door panel with upper vinyl inserts 8) Grey vinyl mats with insulation 9) Dash mounted ashtrays and lighter 1 O)Roof MTD console w/upper storage compartments and additional CTR compartment w/o netting 11 ) Plastic manifest box - LH & RH door 12)Digital flush MTD alarm clock in dash 13)(2) cup holders, LH & RH door 14) Heater, defroster, and Air Conditioner/ Sanden Compact Air Conditioner Compressor 15) 3 - Fantastic vent fans throughout for efficient air exchange 16) Main HVAC controls with re-circulation switch 17) Standard plumbing/ball shutoff valves 18) Binary control, R-134A 19) Silencer package for cab w/additional sidewall insulation 20) Solid-state circuit protection and fuses 21) 12Volt negative ground electrical system 22) Dome door activated LH & RH, dual reading light, fwd cab roof 23) Electric door locks - LH & RH 24) Bostrom Talladega 910 High Black Air suspension driver seat 25) Bostrom Talladega 910 High Black Air suspension passenger seat 26) Dual armrest driver seat - inboard armrest passenger seat 27) Passenger seat work station tray (OPTIONAL) 28) LH/RH integral door panel arm rests 29) Black Vinyl suspension cover, driver's and passenger seat 30) 3 point fixed D-ring retractor driver and passenger seatbelts 31) Adjustable tilt and telescoping steering column 32) 18" Charcoal steering whee', leather wrap -7. MOBilE SPECIAL TV VEHICLES 40' Command Center Body Specifications 33) Driver and passenger interior sun visor 34) Electric trailer brake controller with digital display 35) Carpeted floor mats END-CHASSIS SPECIFICATIONS I. Dimensions & Weights 1) Exterior Width 102" 2) Length 40' 3) Interior width 96" 4) Interior height 86" 5) Exterior height w/air 12'8" to 13'4" 6) Wheelbase 270" 7) GV\NR 33,000# 8) GCWR 40,000# !1. Exterior 9) Rust Proof Sody- 106" SSC Flat roof aluminum conventional cab/ Rubber cab mounts 1 O)Non removable bug screen mounted behind grill 11 ) Exterior grab handles with single rubber insert LH/RH 12)Hood mounted chrome plastic grille 13)Fiberglass hood 14) Dual electric horns 15)Single 11" round air horn under deck 16)FRP (fiberglass reinforced plywood) composite material 17)Fully insulated 2" X 2" steel frame and steel storage compartments 18) 24" wide lower stainless steel trim (#304 Stainless wl#8 Finish) 19) 6-Hehr large deep tint windows w/Screens 20) Metal electric double entrance step w/even stair tread 21) 2-26" X 78" entry door w/window, deadbolt and screen door 22) Porch light at entrance door w/lighted grab handle 23) Stainless steel covered, lockable baggage doors - Posi-Seal w/gas struts and one hand operation 24) Turbo aluminum wheels w/center caps, hub covers & nut covers 25) D.O.T. Approved marking and signal lights 26) Mounted grab handles 27) 8 Liter windshield washer reservoir w/o fluid level indicator 28) 7-Pin Bargeman Plug for trailer hook-up 29) All locks keyed the same -8- - MOBilE SPECIAL TV VEHICLES 40' Command Center Body Specifications 30) Door mounted mirrors 31) 102" equipment width 32) Right hand down view mirror 33) Standard side/rear reflectors 34) Tinted door glass LH & RH with tinted operating wing windows 35) Tinted windshield 36) Daytime running lights 37) Integral stop/tail backup lights 38) Integral headlight/marker assembly with chrome bezel 39) Rectangular dear fog tights mounted under bumper 40) Stainless steel comer trim and radius nose cone 41) 110-volt exterior receptade 42) Mud flaps III. Construction 2) Commercial quality body and chassis 3) Coach floor galvanized vapor barrier over 2" x 3" tubular steel floor frame 4) Aluminum cage construction (welded) 5) All walls, floors, and ceiling insulated 6) :y.. plywood floor 7) Composite wall system 8) 2" x 2" studded walls and ceiling with rigid foam insulation 9) Stainless Steel doors and 24" Stainless trim at bottom of truck 1 O)Side wall and roof with RB insulation factor 11) Aluminum walk-on roof 12) Roof rack and ladder 13) RV entrance door with screen and deadbolt 14) Lockable steel storage compartments finished with carpet and light IV. Switches 5) Generator start/stop wlhour meter 6) Driving lights 7) Master switches for ceiling light groups 8) Battery disconnect 9) ICC momentary rocker V. Exterior Equipment 3) LED emergency lights: a. One Blue and one Red LED lamp located in grillr-9- MOBILE SPECIAL TV VEHICLES 40' Command Center Body Specifications b. One 7" BluelRed LED lamps mode 70RBS FCR wlchrome flange on each side of hood (4S-degree angle) c. One RIB combo on upper forward CIS d. One RIB combo on upper rear corner CIS e. One RIB combo on lower rear corner CIS 1. Roadside to match g. Two RIB combo on upper rear wall, one CIS. one RlS h. Whelen Flasher control box 4) One 11' Girard G-2000 electric powered awning with wind sensor 5) Four (4) SOO-watt Quartz lights. two on each side 6) One external outlet on each side 7) Broadcast TV antenna 8) Columbia Orion digital weather system with mast and display 9) Will-Burt pneumatic mast Model 7-34 with external mount 1 0).96-Meter Satellite dish 11 )RVision PTZ color camera mounted on mast with display 12) Will-Burt Night Scan Chief model telescopic lighting system 13) Exterior fold-down work tray with LCD monitor, duplex receptade, RJ- 45/RJ-11 jacks and phone 14) Basement storage compartments 15) Roof access ladder with roof catwalk to front of truck coated with "slip- check" surface (for walking in indement weather) 16) External access door to equipment rack VI. Interior Decor 4) 86" Interior Height 5) Cab Walk-Through w/fJexible rubber boot and privacy shade 6) "Soft-touch" padded vinyl ceiling 7) Day/Night shades around windows 8) All white aluminum interior walls 9) Fire extinguisher; carbon monoxide, LP Gas & Smoke Detectors 10)Solid surface counter tops at desk areas (OPTIONAL) 11 )Virgin rubber seamless flooring 12)6" electrical raceway at ceiling running entire length of truck 13) Pre-wiring for radios according to drawing -FORWARD OPERATIONS ROOM- VII. Front Overhead Cab 1) Large map storage area in roadside front cabinet 2) Door to access overhead storage on curb side front ~~ - ___ - ___________u__ _- MOBilE SPECIAL TV VEHICLES 40' Command Center Body Specifications 3) 32" LCD TV Monitor centered in cabinet face 4) Roll down curtain to privatize cab area from briefing area VIII. Road Side 8) 12' electric powered glide room w/ A&E glide room awning 9) Two 18" x 24" windows with day/night shades 1 O)4-desk stations in glide room a. Solid surface desk top b. Desk drawer c. Aluminum, white powder coated overhead cabinets d. Four (4) LCDs monitor mounted on wall e. Four-line wall/desk-mounted phone set w/intercom (4) 11) Two Dell mini-towers 12)No partition between desk stations from counter top to ceiling 13)Four (4) five-star base chairs with casters, Pneumatic Ergonomic Swivelmlt Chairs 14 )24-hour digital dock on forward facing mid-wall IX. Electrical At each desk work station a. One 120-v duplex receptacle b. One RJ-45 jack for network c. Two RJ-45 telephone jacks d. One 12-v power outlet X. Curb Side 1) 6' electric powered glide room with A&E glide room awning 2) Two 18" x 24" windows with day/night shades 3) 2 desk stations on curb side a. Solid surface counter top b. Desk drawers c. Aluminum, white powder coated overhead cabinets d. Four-line wall/desk mounted phone set w/intercom e. Two ergonomic chairs (non-rolling) f. Two 17" LCD monitors with keyboards g. One Dell mini-tower h. Controller and display screen for RVision camera i. Orion weather panel display on tilt bracket XI. Electrical 5) At each desk work station -n MOBILE SPECIAL TV VEHICLES 40' Command Center Body Specifications a. One 120-v duplex receptacle b. One RJ-45 jack for network c. Two RJ-45 telephone jacks d. One 12-v power outlet XII. Floor to ceiling 19" computer rack containing controls for: 1) F2 Satellite antenna 2) 4-Watt transmitter 3) Idirect 3100 Series Satellite Modem 4) Automatic Direct TV Satellite antenna with dual NLB 5) Wireless Internet and Satellite Telephone 6) Tellular 2-line Cellular COMA Terminal wi outdoor antenna 1) Video -Conferencing System wi Polycom VSX 7000s Codec 7) Control panel for input to display selection 8) Fan tray -ENTRANCE AREA- XIII. Curb Side 5) Entrance door w/screen door 6) Kitchenette a. Solid surface counter top with stainless back splash b. 3-way refrigerator. 3.5 cu. ft. absorption c. Overhead cabinet above counter of aluminum w/white powder- coated finish d. Microwave oven e. Stainless steel sink w/flex-head faucet & cabinet below w/spring-Ioaded door to access trash receptacle f. Pocket door to separate kitchen area from rear conference area XIV. Electrical 2) 120-v GFI duplex receptacle above countertop 3) 120-v duplex receptacle in microwave cabinet XV. Road Side Lavatory a. Toilet - porcelain marine b. Lavatory cabinet w/stainless steel sink c. Cabinet door under sink w/hinged spring-loaded door for trash pass-through d. Mirrored medicine cabinet n -,.~- -.--- ..-.--- MOBILE SPECIALTY VEHICLES 40' Command Center Body Specifications e. Base cabinet under sink f. Roof vent - Fantastic Fan g. Bath door white XVI. Electrical 6) 120-v GFI duplex receptacle REAR CONFERENCE ROOM XVII. Road Side 1) One (1) Electronic white board centered on wall 2) 12-v duplex receptacle XVIII. Rear Wall and Center of room 2) Large solid-surface conference table 3) Four (4) ergonomic chairs 4) Power receptacles in floor 5) Color printer linked to Electronic white board 6) 32" LCD TV with video conferencing camera 7) One 24-hour digital clock 8) One 4-line wall phone 9) 120-v duplex receptacle 1 O)Stowage hooks for conference table XIX. Curb Side 5) 6' electric glide room with A&E awning 6) Solid-surface counter-top 7) Under counter storage and drawers 8) Upper cabinets 9) Fax/Copier/Printer 10) 120-v duplex receptacle 11 )Three 18" x 24" windows with day/night shades SYSTEMS / ELECTRIC XXII. High Voltage 33)100 Amp power service w/switching between shore power and generator 34)Shore power cord, rated for 100 amp w/marine disconnect (2S'length) u --_.--- --_.-_.'---'-'~--~----- --------~-~- --"-----,,-, --~---,-- MOBILE SPECIAL TV VEHICLES 40' Command Center Body Specifications 35) 1 - 220-v I 115-v main disconnect breaker panel 36)Duplex receptacles at sink counters to be GFI protected 37) Exterior weather proof receptacle - 115-v (GFI protected) 38) 30-amp exterior weatherproof receptacle XXIII. Low Voltage 4) 12-v fluorescent, halogen and incandescent lighting throughout, ceiling lights to be recessed into ceiling panels 5) 12-v lights under overhead cabinets to be surface mounted 6) 12 -v poser kill switch 7) 3 - Fantastic power vents electronic actuated, 3-speed , reversible, thermostat controlled (Fantastic Fan) incl. bath fan 8) 12-vwaterpump 9) Two 12-v 75-amp dual output Iota power converters wI battery charger 10) Deluxe systems monitor panel 11) 2 Deep cycle house batteries on Slide-out Tray, 100 Amps, with Manual Disconnect 12) Exterior lighting package includes: patio, utility and step light 13) 4 twisted pair phone line with RJ-45 modular jacks at all desk areas 14) Base T CA T5 wiring wI RJ-45 jacks for computer network at each work areal computer station 15) Exterior ISDN I T-1 connection in compartment 16) 12-v lights in each exterior storage compartment I. Water System 1) Fresh water tank 60-gal. Potable water tank 2) Gray water tank 60-gal. 3) Black water tank 60-gal. 4) Water Heater By-Pass Valve 5) Gravity Fill and City water hookup wI water pressure regulator 6) Two stainless steel sinks w/flex head single lever faucet 7) Six gallon electric water heater 8) Potable water fill 9) Water pump XXIV. Appliances 1) 2- 13,500 BTU "Coleman-Roughneck" Completely Ducted Roof AlC w/Digital Wall Thermostats 2) Three (3) Fantastic Fan power vents electronic actuated, 3-speed, reversible and thermostat controlled 3) 3-wa refrigerator, 3.5 cu. ft. absorption .{4 MOBilE SPECIAL TV VEHICLES 40' Command Center Body Specifications 4) One carousel-convection microwave oven 5) Four Jack Hydraulic Leveling System, Touch-Pad Controlled 6) One generator set - 20 kW PowerTech Diesel, liquid-cooled w/anti- vibration mounting system & silencer exhaust system II. Miscellaneous 1) Triangle emergency warning flares (Set of 3) 2) Coiled air hose kit wlchuck 3) Two Fire Extinguishers - Class ABC 10 Ibs. 4) 1 - CO detectors 5) 2 - Smoke detectors 6) Back up monitor & camera 7) Outside shower faucet III. Special Considerations 1) All components to be integrated into the completed vehide and installed by the coach manufacturer. 2) Vehide shall meet or exceed all Federal Motor Vehicle Safety Standards (FMVSS) applicable to Multi-Purpose Passenger Vehicles (MPV'S) 3) Vehicle shall conform to the Health and Safety Criteria encompassed in the American National Safety Institute and the National Electric Code. 4) All details of drawing not listed in the specifications above are induded and considered a part of this quotation. 5) 2-year Limited Commercial Warranty on coach. 6) Access ladder to roof included. 7) Exterior duplex power receptades on CS & RS. 8) White aluminum walls in front, middle, and rear of coach. 9) Includes delivery and a-hour orientation and training session. XXVIII. Included Equipment 1) Two additional coach batteries w/slide out tray 2) 20 kW PowerTech Generator upgrade 1 O)One 11' Girard G-2000 electric powered awning 3) Four (4) Whelen 7" blue & red LED lamps model70RBSFCR with chrome flange 4) Two (2) flashing R&B LED lamps (each mounted on front fenders) 5) Two (2) flashing LED lamps mounted in grill 6) Whelen Flasher control box 7) Three (3) 32" LCD monitors 8) Panasonic DMR-E30k DVD recorder 9) Exterior fold-down work tray with LCD monitor and phone .a MOBILE SPECIAL TV VEHICLES 40' Command Center Body Specifications 1) Will-Burt 7-34 pneumatic mast with 40 Ibs. payload capacity, 33' 10" extension height b. System includes interior mounting brackets. air compressor, air valve kit and Nycoil cable conduit 2) RVision color camera system 3) Will-Burt Night Scan Chief model telescopic lighting mast 4) Columbia Orion digital weather system 5) Ten (10) ergonomic caster chairs 6) One 12' electric powered glide room w/A&E awning 7) Two 6' electric powered glide rooms wI A&E awning 8) Four Jack Hydraulic Leveling System, Touch-Pad Controlled 9) Stationary Satellite lV Dish w/Receiver 10) Electric Image White Board - Dual screens with input to included color printer Price for command center vehicle as specified including delivery & training of personnel; excludina any applicable taxes or registration................................................ $429,750.00 Price includes delivery within the continental USA Quote good for 30 days BY: . ,///. ~ (L { 7.."\z.. ...... . / \~~.~: ~'" <----. Glen I. Henderson Executive Vice President Mobile Specialty Vehicles, Inc. October 24. 2007 Date -it> fSL'\Y Y 0."'.\ ( \ 1jl \ ! J; 0\ . /V J-.'",", - 'Y" '\t. ..~> 0 fO ',,") IX.-CITY MANAGER'S REPORT ITEM 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 December 18, 2007 December 3, 2007 (Noon) 0 February 19, 2008 February 4, 2008 (Noon) 0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) 0 January 15, 2008 December 31,2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon) ~ February 5, 2008 January 14,2008 (Noon) 0 April 1,2008 March 17,2008 (Noon) 0 Announcements/Presentations ~ City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Authorize City Manager to send letter to Palm Beach County School Superintendent confirming interest and willingness of the City of Boynton Beach to conveyor otherwise make available Galaxy Park to assist with the reconstruction of Galaxy Elementary School. Due to the fact that the School Board is discussing this matter on January 30, 2008, the City staff did not have an opportunity to formalize this proposal. This matter was discussed in concept at the City Commission meeting of January 18, 2008 by the City Manager. EXPLANATION: In December 2007, the School Board of Palm Beach County voted to close Galaxy School in favor of redistributing students to other schools and to re-construct a K-8 school on the campus of the old Atlantic High School. In the past, the City has gone on record of requesting that the School District reconstruct Galaxy School. This position has not changed since 2003 when the City requested that the time-line for the reconstruction of Galaxy School be moved up. Following the discussion in December, the City Commission prepared a letter to the School Board formally requesting that the matter of closing Galaxy School be reconsidered so that other options could be reviewed. This was accompanied by considerable community concern over the closure of the school. Accordingly, one option that was not originally considered by the School District was reconstruction of the school by re-positioning it further away from 1-95. The City owns a 3.78 acre parcel immediately east of the school. The property is used as a park with a baseball diamond, two tennis courts and playground equipment. In order to assist the School District with the reconstruction of Galaxy School, this property may be needed to re-align the school and possibly replace recreational facilities lost on property west of a relocated school. The school property is 11.57 acres total but 4.4 acres of the property is natural scrub property with restrictions on use. Staff has researched the deed for Galaxy Park and there is a stipulation that the property be used for a public purpose. Therefore conveyance to the School District would keep the property in public use. PROGRAM IMPACT: The swap could result in the temporary or permanent loss of recreation space in exchange for providing continued educational land use at this site. FISCAL IMPACT: (Include Account Number where funds will come from) ALTERNATIVES: Do not authorize the letter of interest and require the School District to either re-build the school on existing property, work with the City to find other property in the City or close the school. ~ Department Head's Signature S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC City Manager's Signature ~ ~ \ \ , \ I \ \ I' \ i ~\ \ 1m \ \ 1.i \ r \ \ I \ \\ I '. \ 1\\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I I \ \ , I \ I \ \ \ . I I \ \ -------.------:=~.---600~v-....--:--~-------.- Scrub Property (Restricted) 4.4 Acres Galaxy School Net 7.17 Acres 7020 . .0211 .o~ .. 011 I 0-1 101' 0_ . -:O~ oJ! ~o . 1'50 140 . W30 1_ II '" 1. s 'II .wI .. . . . ito. ~o ro \- r;~~fl1 .. . ~. WOo . ro It- 1'30 . · 'It .S! 1_ .1iI 111 . 141 1~~ WAIHAV ~___ _~ SOil i:.i0460ai:048004901 . . Ii iI 0550" I 401 " 11II 11'11I IIi . illl,. III .. 1. . 1. :: i' ~'I..'I'~ il, IL ou, I RnvNT';;;8E~;;- AI v~~"'-~-~=/ I'BO~;'';;;-;;;;';;~.~ rO ~ Galaxy Park 3.78 Acres 7030 . -13. NW6TH AVE_ -- 400 "50 . III,.. ili. 1 NW5l1i ~"!!: :::-'. =- . - - ~_.-4\)0 i 11I'.':.095009600971 1,61000":11, ill NW4TH-AVF- -400 .... ...... ... .... IfI .,... . .i'.i_ -. . . . '1:_ '1_ ,. ...HW 3RO AVE -~--- 4()1 ~ Galaxy School (11.57 acres - 4.4 Scrub) Galaxy p~~K2~l<>fg acres ~\ 1" ::,,9 '" '\ r \ I \ III \ .. ! J; o "\~ . .... ",/ (j J- '''" . ./ "'- ~ ,< ~", Il'tO;:; ~)'\'... [x. - CITY MANAGER'S REPORT 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 0 December 18,2007 December 3, 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon) 0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) 0 January 15, 2008 December 31,2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon) ~ February 5, 2008 January 14,2008 (Noon) 0 April I, 2008 March 17,2008 (Noon) 0 Announcements/Presentations ~ City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: Authorize City Manager to prepare proposal to CRA for sale of City-owned parcels in the Heart of Boynton to the CRA EXPLANATION: The City owns 11 parcels of property in the Heart of Boynton area east of Sea crest. These parcels have been assembled over the years by direct conveyance or purchase. See list on exhibit A. If the properties are to be sold to the CRA, a mechanism to establish current value should be established. Staff recommends that the eleven parcels be offered to the CRA based on a formula of price being the greater of the initial purchase price or the value of the property as established by a 2008 letter appraisal for each of the properties. PROGRAM IMPACT: The sale of the property would allow the CRA to move forward with redevelopment plans in the Heart of Boynton and provide the City with a revenue stream for capital or operating expenses. FISCAL IMP ACT: (Include Account Number where funds will come from) - Not known at this time except the estimated cost of 11 letter appraisals will be $12,700.00 total. ALTERN A TIVES: Do not authorize the sale proposal and for the City to retain f Ie to these properties. Department Head's Signature ity Manager's Signature Assistant to City Manager C/H(/ City Attorney / Finance Department Name S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC @ EarthTech 3750 NW 8ih Ave Suite 300 Miami FL 33178-2430 T 305.592.4800 F 305.715.5155 www.earthtech.com A Tyco International Ltd. Company January 27, 2008 Mr. Quintus Greene, Director of Development City of Boynton Beach 1 00 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 38425 RE: Fee Proposal for Restrictive Format Appraisals for 11 City Owned Properties Dear Mr. Greene: In accordance with our contract with the City of Boynton Beach, Earth Tech's fee for providing restrictive format appraisals for 11 vacant city owned properties is $12,700.. For this assignment, Earth Tech will retain the services of Adrian Gonzalez & Associates, P.A. for preparing the appraisal reports. Mr. Gonzalez's delivery date of the estimates will be 30 days upon a notice to proceed. Also, if necessary, Mr. Gonzalez's hourly expert testimony rate is $150.00 with a two hour minimum. Earth Tech appreciates the opportunity to provide our services and look forward to working with the City on this assignment. Please contact me if you have any questions regarding the fee proposal. Sincerely, EARTH TECH CONSULTING, INC. Florida Real Estate Broker , . /) /j r:l: , I.lj I / \'.. /tinV./ I,..I~', 'V\..~VV'~ Brian Mekarski, Project Manager cc. Susan Day, Earth Tech '" ~'B CJ ... QCI C ~ = ~ Q. ~ <"2...; - c _ c ~ eO c Q..c ~ o CJ = ~ ~ ; t=;:: 'Q c 0 ~ .s '" ~ c ~ .- ~ ~ == 0 'Q = = .- s '0 :: s ~ 8 o;<.::~ uU...J '5'0:;;: ~ .r!l Q,l = ~; c -; c o c .- ==<~ s~~ =-; ;;. .. ]i f} ~! j .~ ~lilo :. 'I) i ~ ~:. .. ii NO;> :;~ :;:i .. .. = .. I : .II i Iv ;! Iii 0;> 11 foo ; '= .. roil ,- '" 1il .g '" '" i:::: .s '" ! .. 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"-./ I - ~ .S:! - .. ~ Q. o .. ~ ~ u ~ ~ ... - .. ~ Q. o .. ~ .c U L II IX. - CITY MANAGER'S REPORT ITEM D 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 December 18, 2007 December 3, 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon) 0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) 0 January 15,2008 December 31, 2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon) ~ February 5, 2008 January 14,2008 (Noon) 0 April I, 2008 March 17,2008 (Noon) 0 Announcements/Presentations ~ City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Provided as a staff information item regarding volunteerism and the City's advisory boards. Staffis seeking Commission approval to move forward with implementing the marketing plan. EXPLANA TlON: There are currently 18 vacancies on eight of the City's 16 advisory boards and fewer than a handful (four) of applicants to fill these positions. Attached is a marketing plan developed by staff to assist with recruitment efforts. According to the Corporation for National & Community Service, a unit of the federal government, Americans are volunteering at a historically high rate. Since 1989, the adult volunteer rate has increased by more than six percentage points, from 20.4% to 26.7% in 2006. The growth in volunteering since 1989 has been led by teens (ages 16-19), Baby Boomers (ages 45-64), and older adults (ages 65 and older). Although the national volunteer rate remains at a historically high level, it dropped from 28.8% in 2005 to 26.7% in 2006. A recent story in the Palm Beach Post reported that the numbers peaked in 2005 and that experts attribute the rise that occurred then to a burst of national unity after 9/11. The Corporation for National & Community Service offers a number offactors that can promote or inhibit volunteering: Areas in which residents show greater levels of community attachment, as demonstrated by factors such as home ownership, tend to have higher rates of volunteering; volunteering rises with community education levels, particularly with high school graduation rates, and declines with increasing poverty rates; long commutes to work can drive down an area's volunteering rate, as cities that have longer average commuting times tend to have lower levels of volunteering; finally, communities with a higher prevalence of nonprofit organizations and with organizations that are better able to retain volunteers have higher volunteer rates. They also found that among the nation's 50 largest metropolitan areas, volunteer rates vary significantly and that the cities with the highest rates tend to be located in middle America. These are all factors that must be considered as the City moves forward with its recruitment/marketing plan. PROGRAM IMPACT: The marketing plan is designed to increase public awareness ofthe City's advisory boards, increase awareness of their roles and purpose and encourage increased participation. FISCAL IMPACT: Funds are available from the Public Affairs general budget, if necessary: 001-1212-519-47-10,48-01, and 49-17. ALTERNATIVES: To not implement marketing plan. SIBULLETINIFORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM uh:pr/' ~ #4f~ . epartnlen ad's' atur City Manager's Signa re Assistant to City Manager ~ Public Affairs City Attorney / Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC City of Boynton Beach Public Affairs Office Advisory Boards - Marketing Plan Basic Objectives Purpose: (What is the purpose of our marketing efforts? What do we hope to obtain? Why are we in business?) Statement: Our purpose is to promote the benefits to the City and to the individual of serving on an advisory board; increase participation; attract new volunteers; and offer meaningful experiences to present and future volunteers. Benefits: (What are the benefits of serving?) Statement: The benefits people get from volunteering are the satisfaction of incorporating service into their lives and making a difference in their community. In addition, when people share their time and talents, they solve problems, strengthen the community, improve lives, connect to others and transform their own lives. A growing body of research also shows that volunteering provides individual health benefits in addition to social benefits. Market: (What is our market? Who are our customers?) Statement: Our market is a culturally diverse population of adults who reside within the corporate city limits of the City of Boynton Beach. Marketing Strategies: (What marketing tools will be used?) Statement: We will use a combination of: . Newsletters - The City's newsletter is on schedule to be direct mailed to every residence in the City in early February. It contains a message from the Mayor regarding the advisory boards. Future issues will contain advertisements that will be created from a campaign currently under development for BBTV (see BBTV below). 1 . Web site - Board liaisons were requested to make their board agendas available to the City Clerks office at least three days in advance of a board meeting in order to post the agenda to the City's web site. Agenda highlights are also being broadcast on BBTV. These measures have resulted in greater media attention to advisory board activities. The web site already contains a link from the City Clerks page to advisory board information. A shortened version of the Mayor's newsletter message will be developed that can be run periodically on the home page with a link to the advisory board information. This same area on the home page can be utilized for the advertisements that will be created for the BBTV campaign (see BBTV below). . BBTV - We have asked members of the Public Information Officer Team who are attached to, or whose department is attached to, an advisory board to ask board members their reasons for serving. Members' quotes will be turned into television and print campaigns. The Arts Commission has been the first to respond to this request. . Flyers & Posters - An advisory board recruitment poster was developed some time ago and is part of the regular rotation of posters on display in City Hall lobby. Copies of the poster will be distributed to all City facilities and resized for mailing with the utility bills. . Utility bills - A recruitment message will be developed for inclusion on the utility bill. (See also Flyers & Posters above.) . Media - Media releases will be developed. In addition, the Public Affairs office will step up efforts to "pitch" stories to the media using interviews with volunteers who are amenable to being interviewed by the media as a "hook." . Brochures - Develop a recruitment brochure/advisory board handbook. . On hold message - Add recruitment message to mix of on hold messages. . Chamber of Commerce newsletter - Submit Mayor's message from City newsletter for publication. Rework as necessary. . Marquee board - Utilize City Hall marquee. . Direct mail - Recruit from recent graduates of the City Services Institute. Follow-up letter with a telephone call. . Word of mouth - Use every opportunity to promote community service. 2 . Paid advertising -Investigate use of paid advertising in Greater Boynton Magazine and Boynton Forum. Positioning: (Positioning means determining exactly what niche you are offering is intended to fill. ) Statement: We offer a unique volunteer opportunity to City residents who wish to fulfill their need to be of service to the community and at the same time help solve problems, strengthen the community, improve lives, connect to others and transform their own lives. Identity: (This is not our "image," but who we are as a business.) Statement: Our identity is as the unit of government that is closest to the people, which can offer citizens a real opportunity to make a difference in their community. Finances: (This tells of our budget, normally expressed as a percentage of projected gross revenues. There is no monetary revenue from this project.) Statement: The return of investment for this project is in human capital. Most of the marketing strategies can be carried out using existing resources. Brochure design and printing and paid advertising would entail costs of approximately $1,000-$1,500. Funding is available in the Public Affairs budget. 3 ISSUE BRIEF: Volunteerin?; in America: 2007 CityTrenas and Rankings As part of its mission to improve lives, strengthen communities, and foster civic engagement through volunteering and service, the Corporation for National and Community Service conducts research on the volunteering habits of Americans. In April 2007, Volunteering in America: State Trends and Rankings in Civic Life was released. This report provided a snapshot of volunteering on a state level. Now, jOr the first time, the Corporation provides volunteer information jOr 50 major metropolitan areas in Volunteering in America: 2007 City Trends and Rankings. By presenting information at an even more local level, the Corporation hopes to provide a tool jOr local governments, community leaders, service organizations, nonprofits, and volunteers nation'wide who are working to increase service participation and solve our nation 's most pressing problems. TOP 10 CITIES FOR VOLUNTEER RATE Minneapolis, MN 40.5% Salt Lake City, UT 38.4% Austin, TX 38.1% Omaha, NE 37.8% Seattle, WA 36.3% Portland, 0 R 35.8% Kansas City, MO 34.9% Milwaukee, WI 34.4% Charlotte, NC 34.3% Tulsa, OK 33.7% BOTTOM 5 CITIES FOR VOLUNTEER RATE Riverside, CA 20.6% Virginia Beach, VA 19.3% New York, NY 18.7% Miami, FL 16.1% Las Vegas, NV 14.4% continued NATiioNAL& COMMUNITY 1201 New York Ave., NW * Washington, DC 20525 * 202-606-5000 SERVICE~'Z''Z':c www.nationalservice.gov US~~ Freedom Corps Make 0 Difre..ence. VoIunfeef KEY FINDINGS ... While volunteer rates vary considerably, many top-ranked metro areas are in the central part of the country. ... Metro areas with high levels of community attachment, as demonstrated by higher homeownership rates, tend to have higher volunteer rates. . The Minneapolis metro area has the highest volunteering rate, and also the highest rate of home ownership of all the areas proftled in the report. . High proportions of residents living in multi-unit housing can also have a negative effect on volunteering. ... Longer commutes can curtail opportuni- ties to volunteer. . New York has the longest average com- muting time of all the metropolitan areas profiled in the report and also has one of the lowest volunteering rates. . If the national average commuting time decreased by just three minutes, we could expect to see a growth in volun- teering by 2.3 percentage points. ... The capacity of a community's associations and organizations expands or limits volun- teering opportunities. . The Austin, TX metropolitan area has the largest number of small nonprofits and also has the third highest volunteer- ing rate of all the profiled metro areas. . If nonprofits are able to increase their volunteer retention rates nation-wide by just 4 percentage points to 71%, we could expect a rise in the overall volun- teer rate of 3.2 percentage points. ... Volunteer rates increase as the level of education increases, and are generally lower in high poverty areas. . Los Angeles has the lowest graduation rate and the highest percentage of popu- lation living below the poverty line, while ranking in the bottom ten for volunteer rates. . If the national average for high school graduation rates rose from 83% to 87%, we could expect a 4.1 percentage point rise in the nation's volunteering rate. ... Suburbs and rural areas have similar vol- unteer rates (29% and 30%), while urban areas lag behind (24%). CORPORATION FOR NATIONAL AND COMMUNITY SERVICE The Corporation for National and Community Service improves lives, strengthens communities, and fosters civic engagement through service and volunteering. Through its Senior Corps, AmeriCorps, and Learn and Serve America programs, the Corporation provides opportunities for Americans of all ages and backgrounds to serve their communities. For more information, visit www.nationalservice.gov. METHODOLOGICAL NOTE The data used in this report were collected through a supplement to the September 2004, 2005, and 2006 Current Population Survey (CPS). The CPS is a monthly survey of about 60,000 households (approximately 100,000 adults), conducted by the U.S. Census Bureau for the Bureau of Labor Statistics. The purpose of the September supplement is to obtain information on the incidence of volunteering, the characteristics of volunteers, and civic life indicators in the United States. Most metropolitan areas used in this report follow the same geographic boundaries as Metropolitan Statistical Areas (MSAs). The Office of Management and Budget (OMB) publishes a comprehensive definition ofMSA boundaries every 10 years to reflect population changes documented by the decennial Census. July 2007 ISSUE BRIEF: Baby Boomers and Volunteering: An Analysis of the Current Population Survey Each year since 2002, the Bureau of Labor Statistics has collected data on the volunteering habits of Americans as part of the Current Population Survey (CPS), a monthly sampling of 60,000 U.S. households, To increase understanding of how to capture the experience and energy of the 77 million Americans born between 1946 and 1964, a generation commonly known as the baby boomers, the Corporation for National and Community Service looked at the most recent data, which was released in December 2005. It also commissioned RTI International to conduct a detailed analysis of data on the volunteering habits of boomers and other age cohorts that had been collected in the 2002-2004 CPS surveys. The analysis resulted in several findings that should inform the way we go about fostering volunteering and other forms of civic engagement among boomers- a highly educated, skilled, and talented generation whose involvement in volunteer activities will be critical to solving the social problems facing our nation. (The figures in the first three bullets below are based on the 2005 CPS data; all other figures are based on the analysis of the 2002-2004 surveys.) ~ One-Third of Boomers Volunteer. Boomers traditionally have a poor reputation for their rate of volunteering and for their involvement in other forms of civic life. Yet nearly a third (33.2%) of all boomers - comprising some 25.8 million people - volunteered for formal organizations in 2005. average boomer volunteer serving 51 median hours a year, or approximately one hour a week. If boomers follow the same volunteering patterns as their older siblings and parents, we can expect boomers' commitment to volunteer work to rise as they age and retire. ~ Boomers Have the Highest Volunteer Rate of Any Age Group. The volunteer rate for boomers - 33.2% - is the highest of any age group, and more than four percentage points above the national average of 29%. ~ Boomer Volunteering Is Highest Among Those Who Work Part Time. Almost half (46.3%) of all boomers who work part time also volunteer, compared to one third (33.7%) of boomers who work full time and one quarter (24.3%) of boomers who are either unemployed or not in the labor force. In several studies, a high percentage of boomers have indicated that they plan to work well into their ~ Boomers Volunteer an Average of 51 Hours a Year. With the exception of people over age 65, boomers volunteer the most of any age group, with the (Continued) NATIONAL&: COMMUNITY 1201 New York Ave., NW * Washington, DC 20525 * 202-606-5000 SERVICEr.~-..:c www.nationalservice.gov USA~ Freedom Corps Iv\oke 0 Dirfe!eflc6_ VoIvntee!' later years, if only part time. Consequently, targeting boomers through their place of work may be a key to inducing boomers, and especially those with professional skills, to devote some of their time and talents to volunteering at nonprofit organizations. ~ Boomers Engage in Diverse Volunteer Activities. Overall, boomers are following in the historical tradition of older generations by assuming leadership volunteer roles as they grow older, with about 23% reporting that they provide professional and managerial services to volunteer agencies. But boomer volunteers select many diverse types of volunteer opportunities that rely on a wide variety of skills and interests. Among the direct service activities favored by boomers are collecting and preparing food, tutoring and teaching, and mentoring. Among indirect services, boomers generally favor fundraising, professional and management services, and general labor. ~ Boomers Are More Apt Than Other Cohorts to Volunteer With More Than One Organization. Although most Americans, including boomers, volunteer for only one organization, boomers are the most likely of all age groups to volunteer for more than one organization. That may indicate that boomers can be attracted to volunteering in several capacities. ~ Strong Community Ties Increase Volunteering. Consistent with the importance that strong community ties play in areas such as community development and school reform, boomers who own businesses and are homeowners have higher volunteer rates - 45% and 34%, respectively - than do non-business owners and non-homeowners, who have average volunteering rates of 30% and 20%, respectively. That is true even after controlling for other factors, including education levels, race, and ethnicity. ~ Boomer Women Volunteer at a Higher Rate Than Boomer Men. Approximately 36.9% percent of boomer women volunteer, compared to 29.4% of boomer men, ~ Boomer Males Volunteer at a Higher Rate Than All Other Male Age Groups. At 29.4%, boomer males have the highest rate of volunteering of any age cohort of males. As a result, the gender gap in volunteering among boomers is lower than among all generations born after 1964. ~ College- Educated Boomers Have a Higher Volunteer Rate Than Boomers Without a College Education. Almost half of all college-educated boomers (49.8%) volunteer, compared to 25.7% of all non-college educated boomers. ~ Non -College Educated Minorities Volunteer at Higher Rates Than Non- College Educated Whites. Most people think of baby boomers as being well educated. Although it is true that boomers have higher rates of educational attainment than older generational groups, nearly 70% of boomers have not graduated from college. It is interesting, therefore, to note that among boomers with only a high school education, blacks (at 23.6%) and Hispanics (at 21. 9%) volunteer at higher rates than do whites (20.9%). CORPORATION FOR NATIONAL AND COMMUNITY SERVICE The Corporation for National and Community Service provides opportunities for Americans of all ages and backgrounds to serve their communities and country through three programs: Senior Corps, AmeriCorps, and Learn and Serve America. Together with USA Freedom Corps, the Corporation is working to foster a culture of citizenship, service, and responsibility in America. For more information, visit www.nationalservice.gov. December 2005 1201 New York Ave., NW * Washington, DC 20525 * 202-606-5000 www.nationalservice.gov NATIoNAL&: COMMUNITY SERV ICE r.:D.1: USA~ Freedom Corps Make 0 Difference. Volunteer. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL - 2nd Reading Non-Development ITEM 8.1 Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 18, 2007 December 3, 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon) 0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) 0 January 15, 2008 December 31,2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon) ~ February 5, 2008 January 14,2008 (Noon) 0 April I, 2008 March 17,2008 (Noon) NATURE OF AGENDA ITEM o o o o o Administrative Announcem entslPresentations o o ~ o o City Manager's Report New Business (J ("')=::j ===1-< -<c::: (J -., /- OJ fTlo CO ::'J-< ::< "'" .2: ::r (.f)Cj RECOMMENDATION: Please place this request on the February 5th, 2008 City Commission Agenda tiNr ~, Ordinance - Second Reading. This Ordinance, approved on fIrst reading, represents an amendment to pa&;rlI, ~ Development Regulations, Chapter 20, Buildings, Housing and Construction Regulations, Article I, in general, h9'"am~~ Section 4, Fees, Subparagraph a; providing for building division fees ::x: Consent Agenda Code Compliance & Legal Settlements Public Hearing Legal UnfInished Business Q 0:.> $;; :z: EXPLANATION: Staff has recently reviewed Chapter 20 of the Land Development Regulations, titled Building, Housing and Construction Regulations as well as Ordinance No. 06-084, Boynton Beach Administrative Amendments to the 2004 Florida Building Code. As a result of these reviews, staff recommends removing the ICC Building Valuation Data Table as the sole reference for construction valuation, which is then used to determine building permit fees. Because of its lack of regional adjustments the ICC Table does not accurately reflect the current construction market in south Florida. Staff proposes to base permit fees on either the actual cost as documented in the construction contract or on a regionally adjusted construction analysis service such as RS Means Constructim Cost Data. PROGRAM IMPACT: The implementation of this Ordinance will benefIt property owners, contractors and developers by allowing for a more accurate building valuation to be used as a basis for calculating building permit fees. FISCAL IMPACT: (Include Account Number where funds will come from) Due to the recent decline in construction activity and costs in the region, a more accurate building cost valuation may result in an as yet undetermined net reduction in building permit revenues. ~ City Manager's Signature Department of Development Assistant to City Manager ~ City Attorney / Finance S:\BULLETlMFORMS\AGENDA ITEM REQUEST FORM.DOC II I ORDINANCE NO. 08- 00'2- 2 AN ORDINANCE OF THE CITY COMMISSION OF THE 3 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 4 PART III, LAND DEVELOPMENT REGULATIONS, 5 CHAPTER 20, BUILDINGS, HOUSING AND 6 CONSTRUCTION REGULATIONS, ARTICLE I, IN 7 i I GENERAL, BY AMENDING SECTION 4, FEES, 8 1'[1 SUBPARAGRAPH A; PROVIDING FOR BUILDING 9 DIVISION FEES. 10 II WHEREAS, staff has recently reviewed Chapter 20 of the Land Development 11 I Regulations, titled Building, Housing and Construction Regulations; and staff has reviewed 12 I Ordinance No. 06-084, Boynton Beach Administrative Amendments to the 2004 Florida 13 II Building Code; and " II 14 II WHEREAS, as a result of this review, staff recommends removing the ICC Building 15 II Valuation Data Table as the sole reference for construction valuation due to the lack of 16 II regional adjustments; therefore, the ICC Table does not reflect the current construction market 1 7 II in south Florida; and II 18 II WHEREAS, the implementation of this Ordinance will ensure more accurate building 19 1'\ valuation for building permit fee, and other fee, calculations and be a more equitable form of 20 I building and systems valuation for owners, contractors and developers. , i I 21 i I NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION 22 I OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: I 23 I Section 1. Each Whereas clause set forth above IS true and correct and II 24 I incorporated herein by this reference. 25 i Section 2. Part III, Chapter 20, Buildings, Housing and Construction Regulations, I I 26 \ Article I, Section 4, Fees, Subparagraph A is deleted in its entirety and replaced with the 27 II following text: I I , ! 28 "Section 4. Fees. 29 30 31 32 33 A. Fees assessable by the City of Bovnton Beach for the administration and enforcement of the Florida Building Code and the City of Boynton Beach Administrative Amendments to the Florida Building Code, pursuant to this Chapter and F.S.553.79, 553.80 & 166.222, shall be established by the City Commission by resolution from time to time. I lis :\C A\Ordinaneeslpennitfeevaluationordinanee(means l.doe II - I ( , 10 11 12 13 : r ; 1 2 3 4 5 6 7 8 9 Building Division permit fees shall be based upon the valuation of buildings and systems and shall represent the total replacement value to include structuraL electric, plumbing, mechanical. interior finish, normal building related site work (excavation and backfill for buildings). architectural and design fees, overhead and profit; excluding only land value. Building valuation shall be based upon bona fide executed construction contracts, proprietary builder documentation, or other nationally recognized construction cost analysis service, which would include regional adiustments, such as the most current edition of RS Means Construction Estimating Cost Data. A revision to a permit shall not be issued until the additional fee, if any, due to an increase in estimated cost of the building, electrical. plumbing, gas, mechanicaL landscaping or site development, has been paid. " Section 3. Each and every other provision of Chapter 20, not herein specifically 14 amended shall remain in full force and effect as previously enacted. 15 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 16 same are hereby repealed. 17 Section 5. Should any section or provision of this ordinance or portion hereof, any 18 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 19 such decision shall not affect the remainder of this ordinance. 20 21 22 23 24 Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately upon its passage nd adoption. FIRST READING this /5 day of J~_, 2008. : Ie A IOrdinanceslpermitfeeval uatiomrdinance( means). doc - 2 - 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 i I 1 2 SECOND, FINAL READING AND PASSAGE this ,2008. day of CITY OF BOYNTON BEACH, FLORIDA Mayor ~ Jerry Taylor Vice Mayor - Jose Rodriguez I I II ! I II i I i' I I I I ATTEST: Ii , ! II f I If II I I Janet M. Prainito, CMC , I II City Clerk ! I II II ! I I!(CORPORATE SEAL) I. ~ I ! I I I I I Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross S :Ie A lOrd i nances Ipermi tfeevaJ uationord inance( means ).doc XII. - LEGAL - 1st Reading ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 18, 2007 December 3, 2007 (Noon) 0 February 19, 2008 February 4, 2008 (Noon) 0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) 0 January 15, 2008 December 31, 2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon) r8J February 5, 2008 January 14,2008 (Noon) 0 April I, 2008 March 17,2008 (Noon) 0 Announcem ents/Presentati ons 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda r8J Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Adoption of Ordinance amending Article I of Chapter 2 and Section 2- 13 .2(b) relating to the Community Redevelopment Agency to provide for new boundaries. EXPLANA TION: At a previous City Commission meeting the Commission directed that a recently annexed area commonly referred to as Gulfstream Gardens be included within the boundaries of the Community Redevelopment Agency. The attached Ordinance modifies the legal description of the boundaries of the CRA thereby implementing the Commission's direction. PROGRAM IMPACT: None FISCAL IMPACT: Increased TIF revenues will be realized by the Community Redevelopment Agency. ALTERNATIVES: Reconsider prevIOUS directive and take no action which would place Gulfstream Gardens outside the boundaries of the Community Redevelopment Agency. ~ Department Head's Signature ~ignatu" Assistant to City Manager ~ fJ. / ;l/ Jl7-TtYf /1/ J:' V ;Department Name ,/ City Attorney / Finance S\BULLETINlFORMS\AGENDA ITEM REQUEST FORM,DOC " 1 ORDINANCE 08 - 2 3 4 ORDINANCE OF THE CITY COMMISSION OF THE CITY 5 OF BOYNTON BEACH, FLORIDA AMENDING ARTICLE I 6 OF CHAPTER 2 AND SECTION 2-13.2(b) RELATING TO 7 THE COMMUNITY REDEVELOPMENT AGENCY TO 8 PROVIDE FOR NEW BOUNDARIES; PROVIDING FOR 9 CONFLICT, SEVERABILITY, CODIFICATION; 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission desires to amend the legal description of the 13 Community Redevelopment Agency boundaries to reflect recent annexation of property into the 14 City; 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 16 CITY OF BOYNTON BEACH, FLORIDA: 17 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby 18 ratified and confirmed by the City Commission. 19 Section 2. That Article I, "In General" of Chapter 2, Sec. 2-13.2. is hereby amended to 20 read as follows: 21 Sec. 2-13.2. Governing body of community redevelopment agency. * 22 23 (b) The community redevelopment agency, shall exercise its jurisdiction in all 24 eas of the city which the city has heretofore designated for redevelopment. The community 25 edevelopment area is more particularly described in Exhibit A~ which is attached to Ordinance 26 27 28 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are 29 ereby repealed to the extent of such conflict. 30 Section 4. If any section, sentence, clause, or phrase ofthis Ordinance is held to be invalid Page I of2 :ICAIOrdinancesICRAICRA BOUNDARY AMENDMENT 020508.doc 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 II 1 i or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect 2 the validity of the remaining portions of this Ordinance. 3 Section 5. It is the intention of the City Commission of the CITY OF BOYNTON 4 BEACH, Florida, that the provisions of this Ordinance shall become and be made a part of the 5 CITY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. This Ordinance shall be effective immediately after adoption by the City Commission. PASSED FIRST READING this _ day of ,2008. SECOND AND FINAL READING ADOPTED this _ day of ,2008. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland TTEST: Commissioner - Woodrow L. Hay Commissioner - Marlene Ross anet M. Prainito, CMC ity Clerk Corporate Seal) Page 2 of2 ICAIOrdinanceslCRAICRA BOUNDARY AMENDMENT 020508.doc EXHIBIT A- The annexed property is described as follows: Commence at the Southeast comer of Tract 47 as shown on the amended Plat of "Trade Winds Estates" as recorded in Plat Book 21, Page 73 of the Public Records of.Palm- BeaGl1County:; Florida, for a point- of beginning; thence East along the North line of said "Trade Winds Estates", a distance of 100 feet to a point; thence Northeasterly along a line parallel to the Easterly line of Tract 47 of said "Trade Winds Estates" a distance of 15 feet to a point; thence West on a line parallel to the North line of Tract 51 of said "Trade Winds Estates, a distance of 100 feet, more or less, to a point on the Easterly line of Tract 47; thence southerly along the East line of Tract 47, a distance of 15 feet, more or less, to the point of beginning. Start at the Southwest corner of Lot 52, "Trade Winds Estates", Palm Beach County, 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 21, Page 73; thence run Easterly 484.20 feet to the West right- of-way line of U.S. Highway No.1; thence Southerly 100 feet along said West right-of-way line; thence Westerly parallel to the North boundary above described to the Northeast corner of Lot 46, "Trade Winds Estates"; thence Northerly 96.43 feet to the point of beginning. Said lands situate, lying and being in Palm Beach County, Florida. Tract 46: Trade Winds Estates; a subdivision in Palm Beach County, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 21, Page 73, and also the following described Tract of land: commencing at the Southeast comer of Tract 47, as shown on the Plat of "Trade Winds Estates" Plat Book 21, Page 73, Palm Beach County Public Records run Northerly along the East line of said Tract 47, a distance of 15 feet to the point of beginning; from the point of beginning, thence run Easterly parallel to the North line of Tract 51 of the said "Trade Wind Estates", A distance of 100 feet, to a point; thence run Southerly, parallel to the East hne of the said Tract 47, a distance of 15 feet, to a point in the North line of the said Tract 51; thence nm easterly along the North line of the said Tract 51, a distance of 186.77 feet to a point; thence run Nortllerly, at an angle of 107037' (turned from west to North) with the North line of the said Tract 51, a distance of 200 feet, to a point; thence run Westerly, parallel with the North line of the said Tract 51, a distance of 316.39 feet to the Northeast comer of Tract 46 of the said "Trade Winds Estates; thence run Southerly a distance of 177.70 feet to the point of beginning. Lot 52, amended Plat of "Trade Winds Estates", according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm BeachCountY:,uFlorida,urecorded in_ Elat-Book 21,Page-73;- said- lands situate lying and being in Palm Beach County, Florida. Lots 43, 53, 53A amended Plat of "Trade Winds Estates", a subdivision in Palm Beach County, 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, in Plat Book 21, Page 73. The East 300 feet of Lots 54 and 55, amended Plat of "Trade Winds Estates", Palm Beach County, Florida according to the Plat recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida thereof, in Plat Book 21, Page 73, subject to the existing right-of- way of U.S. Highway #1, together with improvements located thereon.